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Prices and Terms of DB Schenker Rail Provisions Relating to Intermodal Transport 10 The sample consignment note on the right is shown less than full size. It com - prises: – Sheet 1 DB Schenker Rail, dispatch note – Sheets 2 and 3 copies for the carrier – Sheet 4 DB Schenker Rail notice of receipt – Sheet 5 copy for the consignee – Sheet 6 copy for the forwarding agency – Sheet 7 duplicate consignment note for client * Vertragspartner von DB Schenker Rail ** Vertragspartner des Operateurs. Mit dem Eintrag in Feld 11a bestätigt der Operateur, dass er – betreffend Vertragsverhältnis Operateur / DB Schenker Rail – Absender, Empfänger und Frachtzahler ist. auszufüllen von DB Schenker Rail Es gelten die einschlägigen Bestimmungen des Transportrechts und etwaige Allgemeine Leistungsbedingungen von DB Schenker Rail im Verhältnis Operateur/Auftraggeber und empfangsberechtigtem Endempfänger gelten etwaige allgemeine Geschäftsbedingungen des Operateurs. Versandblatt DB Schenker Rail 8 As at: 01.01.2013
DB Schenker Rail AG Special Provisions for Storage and Other Services rendered at Transshipment Stations (Ubf) and at Service Centres (SC) for Combined Transports (Storage Conditions for Intermodal Transport) – Applicable from: 1 January 2013 – The latest price tables can be obtained from our sales agents. 11 1 Scope, Supplementary Conditions, Principles 1.1 We provide storage and other services by arrangement at Ubfs and SCs to the following conditions, presupposing that the customer has purchased a carriage-by-rail/transshipment product from us to which the storage corresponds. The relevant Ubfs and SCs are set out in the price table applicable at the time. 1.2 Governing these services are the “General Terms and Conditions (ALB)” in force at DB Schenker Rail AG at the time, except where anything in these Storage Conditions for Intermodal Transport states otherwise. 1.3 Load units (LUs) containing dengerous goods – including uncleaned empty LUs in which dangerous goods have been carried – are additionally subject to the temporary storage provisions set forth in the Dangerous Goods in Intermodal Transport Guide. 1.4 Constituting LUs for the purpose of these conditions are – containers (as defined in ISO standards) – swap bodies (as defined in CEN standards) – semi-trailers (as defined in Germany’s Road Traffic Licensing Regulations). 1.5 LUs are required to conform to the governing statutory and technical provisions and to be suitable for handling and storage inclusive of stacking in intermodal operations. 1.6 The customer is liable for all damage suffered by ourselves and any third parties due to LUs or – in the case of loaded LUs – their cargoes not being in proper condition. The same applies for damage arising on account of our not being informed by means of special notice, accompanying documents or markings on the LUs of hazards relating to LUs containing dangerous goods or to empty uncleaned LUs in which dangerous goods have been carried. 1.7 The customer shall issue us with orders for storing LUs and proceeding with stored LUs in writing or by fax to the Ubf or SC providing the storage service. Where so agreed, orders are to be addressed to our Customer Service. 1.8 We are not obliged to surrender an LU where no proof of authorisation to collect is furnished. 2 Storage of LUs 2.1 In their storage order, the customer shall indicate to us whether the empty LU is to be stored at the Ubf or as a depot container at the SC pursuant to Clause 3 of these Conditions. Where no specific instructions are given, incoming empty LUs will be stored at the Ubf. Transfer to the SC shall always be performed to the customer’s account. No short-notice numeric access to empty LUs is possible at the Ubf. Only loaded LUs transported by rail immediately beforehand or afterwards can be stored, and this is performed exclusively at Ubfs. LUs to be forwarded by rail can only be stored by special arrangement. 2.2 LUs arriving by rail may only be stored up until the time of delivery agreed with the customer or the agreed time of collection by the consignee, as applicable. If the delivery time specified by the consignor is not accepted by the consignee or if collection does not take place at the time agreed, then there is an obstacle to delivery. 2.3 LUs containing dangerous goods or empty uncleaned LUs in which dangerous goods have been carried may not be delivered prior to their day of dispatch. Either they are to be taken over by the customer at reception on their day of arrival or instructions for their carriage are to be issued for their day of arrival. Where such LUs are not taken over and no instructions are issued for their carriage within the time limits specified, Section 410 (2) German Commercial Code HGB applies accordingly. 2.4 The storage of LUs on legs is to be agreed separately. 3 Storage and Other Services at SCs 3.1 Empty LUs only are stored at SCs. Uncleaned empty LUs that have contained dangerous goods are excluded from this service offering. Any order for storage at the SC is deemed to constitute stockholding instructions. The customer, therefore, expressly authorises the holding of its stock by the operator of the SC (Section 472 [2] HGB). 3.2 The following services already covered by the handling charge under Section 2 of the price table are provided in the context of storage: a) inspection of LUs entering and leaving b) advice of items entering and leaving c) advice of heavily soiled and damaged LUs d) LUs swept clean. 3.3 LUs are inspected to establish whether they can be loaded. This includes: a) an external examination that entails checking the sides and ends of LUs for leaks, establishing the functioning of and any damage to door fastenings and hinges, and checking the top and bottom corner fittings for damage; this external examination also includes checking tarpaulins fitted on open-top, tilt and open-side containers. b) an internal examination that entails checking the LUs’ sides, ends and roofs for leaks and their floors for damage rendering them ineligible to run c) removing any loading residues d) sweeping clean. The services listed at 3.3 a) and 3.3 b) relate only to damage that can be seen with the naked eye. Should it not be possible to remove loading residues when performing the services listed at 3.3 c) and 3.3 d), we will notify the Client without delay. 3.4 Where tank containers, tank swap bodies and tank semi-trailers are concerned, only the services listed at 3.2 a) to 3.2 c) are performed, with the inspection under 3.2 a) being confined to an external examination. 3.5 Inspection reports shall be issued for LUs entering and leaving. 3.6 Inspections may also be conducted by special agreement at Ubfs. Their scope and cost shall be determined on a case-by-case basis. 3.7 So as to guarantee both parties a smooth sequence of operations at the SC, our customers may only issue instructions for LUs by type. Any general “first-in/first-out” approach to the processing of LUs is expressly ruled out. Planning by number shall only be adopted in exceptional instances and by special arrangement. 4 Advice on storage 4.1 We will send the customer advice of loaded LUs to be stored before the charge-free period has elapsed. 4.2 We will send the customer advice of empty, private LUs upon unloading of the LUs at the customer’s or upon arrival of the empty LUs by road. This advice ceases to apply if we already have an order for carrying the empty LUs. 5 Charges, Accounting 5.1 The charges for storage and handling are indicated together with the calculation principles applying to them in the price table applicable at the time. The prices cited therein are net prices to which the governing rate of value-added tax is added. 5.2 The prices and calculation principles in force when the service is provided shall apply. We will notify our customers of any changes 20 days before they take effect where existing business relations are concerned. 5.3 Accounts with the customer shall be settled on an invoice basis. 5.4 Invoice queries are to be submitted by the customer within 6 months of receipt of the invoice in question. 6 Liability 6.1 We shall be liable for loss or damage during the storage of LUs in Ubfs up to a sum of 8.33 accounting units per kilogram of the gross weight of the consignment. In the event of partial loss or damage, Section 431 (2) HGB shall apply accordingly. The value of said accounting units is arrived at on the basis of Section 431 (4) HGB. Our liability shall, whatever the case, be limited to a sum of one million euros or 2 accounting units per kilogram and incident of damage, whichever ist the higher. 6.2 In accordance with stockholding legislation, we shall be liable for the storage of LUs at SCs inclusive of services performed to the following upper limits: – up to 2 accounting units per kilogram of the gross weight of LUs in the event of their being lost or damaged – up to max. € 5,000 per instance of damage to goods and property, however. 6.3 Any further claims for damages against us, our employees or our vicarious agents shall not be considered unless our liability arises from binding statutory provisions or the damage was caused wilfully or through gross negligence. Exemption from liability shall not apply if material contractual obligations are breached. In such cases, indemnity claims shall be restricted to such typical damage which could have been reasonably foreseen. As at: 01.01.2013 9
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