Terms & Conditions of Carriage

I. Scope

1. These T&Cs apply to all orders placed with Transport Kris. By placing an order, the Client confirms they know and accept these T&Cs. Any Client’s general terms are excluded.

2. In addition, the General Austrian Forwarders’ Terms (AÖSp) in their current version apply. Mandatory statutory provisions take precedence.

3. Our quotations are non-binding; the Client’s order is binding.

II. Time of Performance

1. Pick-up/delivery times are generally non-binding. Claims for delay exist only if a fixed time was agreed in writing and the delay was caused intentionally or by gross negligence. No liability for slight negligence or force majeure.

III. Prices

1. Prices are in EUR net of VAT unless stated otherwise. Deviations from price lists apply per order only and do not constitute a framework agreement. Price lists may change.

IV. Services

1. We transport using passenger cars/estates, vans, light trucks, or trucks (tail lift on request).

2. Dangerous/forbidden goods and goods excluded by transport organisations are not accepted.

3. Where sub-carriers are engaged, orders are placed in the Client’s name. Claims must be raised directly against the sub-carrier; any claims are assigned to the Client.

4. Valuable shipments (e.g., works of art, antiques, gemstones, jewellery, cash, negotiable instruments) are excluded unless agreed in writing in advance and a suitable transport insurance with waiver of recourse against Transport Kris is proven.

5. We are not obliged to check completeness or internal condition. The Client provides all transport documents.

V. Liability (CMR & Limits)

1. The CMR Convention (Art. 17–28) applies. For slight negligence, liability is limited to CMR limits (SDR/kg); for intentional or grossly negligent acts – unlimited.

2. Consequential and non-pecuniary losses are excluded. Undeliverable consignments are stored at the Client’s cost; delivery may be made to another person at the premises or to a mailbox unless contrary written instructions exist.

3. Notice of loss: damage/loss/delay must be notified by 12:00 noon on the next business day by registered mail; otherwise claims are excluded.

4. The Client bears the burden of proof for proper handover. Duties/taxes are excluded from liability.

VI. Payment

1. Payment term: 14 days net. Default interest 18% p.a. (1.5% per month). Monthly collective invoices under EUR 20 incur a EUR 3.50 handling fee.

2. We have a lien and right of retention over goods/valuables in our custody securing current and future claims; statutory rights remain unaffected.

3. Set-off by the Client is excluded.

VII. Limitation

1. Claims against us must be brought before court within 6 months from delivery or the scheduled delivery date.

VIII. Customs

1. The Client provides complete/accurate customs documents (including the recipient’s valid VAT/UID). False statements may lead to civil/criminal consequences and seizure/disposal of goods.

IX. Delivery / Storage

1. If the recipient cannot be identified or delivery is not possible, we may store the shipment at the sender’s cost.

X. Miscellaneous

1. Invalid provisions do not affect the remainder; they are replaced by mandatory rules closest to the commercial intent.

XI. Jurisdiction & Subcontractors

1. If the Client is a consumer (KSchG) and CMR does not mandatorily apply, §14 KSchG applies (court at the consumer’s residence/habitual abode/place of work). Otherwise, Vienna is the place of jurisdiction.

2. We may engage subcontractors (carriers) for pick-ups/deliveries.

3. Subject to typesetting and printing errors.