1. Validity
The provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) and these ‘Terms and Conditions of Business – International’ shall apply to all freight forwarding contracts of which a legally independent member of NIGHT STAR EXPRESS GmbH Logistik (NIGHT STAR) is the contractor and for which the places of acceptance and intended delivery of the goods are in two different countries.
The terms and conditions of business of the principal or of third parties shall not apply, including if NIGHT STAR has not objected to their validity separately in individual cases.
Even if NIGHT STAR makes reference to a letter containing the terms and conditions of business of the principal or of a third party, this shall not constitute consent re the validity of said terms and conditions of business.
2. General remarks
In view of the short-notice execution of the freight forwarding contract as required by the contracting parties and their agreement to regular overnight delivery, delivery shall generally be effected without a signature.
3. Time of freight forwarding performance
The time of freight forwarding performance encompasses the arrangement of transportation by carriers and the acceptance and delivery of consignments by carriers overnight. This is generally by 8 a.m. the next morning, but country-specific exceptions are possible.
4. Goods and consignments excluded from acceptance
In addition to the statutory restrictions, the following goods are excluded from being accepted and transported by NIGHT STAR:
- High consequence dangerous goods pursuant to ADR 1.10.5 and all dangerous goods the transportation of which is prohibited in accordance with section 5 of the T&Cs
- Precious metals, gemstones, items made of precious metals or gemstones (with the exception of products for industrial use)
- Jewels, pearls, jewellery
- Money, coins, securities, certificates
- All types of stamp
- Works of art and removal goods
- Consignments subject to freight and goods carriage forward
- Radioactive substances and nuclear fuels exceeding the permissible statutory exemption limits
- Explosive goods: arms and ammunition (with the exception of hunting and sporting weapons and ammunition)
- Live animals and plants (with the exception of organic life, flowers, invertebrates and fish)
- Drugs pursuant to Germany’s Narcotic Drugs Act (Opium Act) dated 10 December 1969, as amended
If such goods or consignments are nevertheless handed over to NIGHT STAR, the principal shall, in the event of damage, be liable for contributory negligence, potentially leading to the complete exclusion of liability on the part of NIGHT STAR.
5. Dangerous goods
The following dangerous goods may be transported by NIGHT STAR:
Class 1:
Only dangerous goods with the following UN numbers are permitted: 0336, 0337, 0373, 0432, 0505, 0506, 0507
Class 2:
Only dangerous goods with the classification codes 4A, 5A, 5O, 5F, 5T, 5TF, 5TC, 5TO, 5TFC, 5TOC, 6A, 6F and 7F are permitted.
Class 3:
All permitted with the exception of the following UN numbers: 1204, 2059, 3064, 3256, 3343, 3357, 3379
Class 4.1:
All permitted with the exception of the following UN numbers: 1310, 1320, 1321, 1322, 1336, 1337, 1344, 1347, 1348, 1349, 1354, 1355, 1356, 1517, 1571, 2304, 2448, 2555, 2556, 2557, 2852, 2907, 3097, 3176, 3221, 3222, 3231, 3232, 3233, 3234, 3235, 3236, 3237, 3238, 3239, 3240, 3317, 3319, 3344, 3364, 3365, 3366, 3367, 3368, 3369, 3370, 3376, 3380, 3474
Class 4.2:
All permitted with the exception of the following UN numbers: 2447, 3127, 3255
Class 4.3:
All permitted with the exception of the following UN numbers: 3132, 3133, 3135
Class 5.1:
All permitted with the exception of the following UN numbers: 2426, 3100, 3121, 3137
Class 5.2:
All permitted with the exception of the following UN numbers: 3101, 3102, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 3118, 3119, 3120
Class 6.1:
All permitted with the exception of UN numbers 1600, 2249 and 3250 and all substances in packaging group I (VG I)
Class 6.2:
All goods are excluded from transportation.
Class 7:
Only dangerous goods with the UN numbers 2908, 2909, 2910 and 2911 may be transported.
Class 8:
All permitted with the exception of the following UN numbers: 1798 and 2576
Class 9:
All permitted with the exception of the following UN numbers: 3245, 3256, 3257, 3258 and 3314
6. Delivery
Consignment delivery is generally performed outside of the usual business hours without the consignee being present and without the consignment being signed for; country-specific exceptions are possible.
The consignee shall make available to and notify NIGHT STAR of a lockable warehouse/an appropriately equipped deposit box which is not accessible to third parties.
The warehouse/deposit box as stipulated by the consignee and as described above shall be deemed the place of delivery and the place of performance of the freight forwarding contract by NIGHT STAR. Any keys needed shall be made available free of charge.
If no lockable warehouse which is not accessible to third parties is made available, delivery shall be performed by a consignment being deposited in an alternative place which is to be stipulated. If no such alternative place is stipulated, the carrier’s instructions are to have the consignment deposited at the consignee’s premises by their driver according to their best judgement/to deliver the goods to the nearest suitable consignee on the delivery route.
Hazardous substances may only be deposited in lockable warehouses or handed over to persons who are authorised to take receipt of them.
7. Fee
The fee charged for NIGHT STAR’s freight forwarding service including transport insurance shall be arranged with the principal.
Notification given by the principal that the order is to be executed for the account of the consignee or a third party shall not affect the principal’s obligation vis-à-vis NIGHT STAR to bear the fee and other expenses.
8. Liability
The CMR shall apply, taking into account these ‘Terms and Conditions of Business – International’.
However, NIGHT STAR shall only be liable for loss and damage if a lockable warehouse or an appropriately equipped deposit box which is not accessible to third parties is made available.
NIGHT STAR shall not be liable for loss or damage if the consignment was delivered in an orderly fashion pursuant to section 6 of these ‘Terms and Conditions of Business – International’.
In the event of the loss of a key, NIGHT STAR shall be liable only for replacement of the key and of a lock. The replacement of locking systems shall be excluded.
9. Registration of claims/statutory limitation
A consignment sent by overnight express is deemed to have been unreservedly accepted if the consignee, consignor or principal has not reported external signs of loss or damage to NIGHT STAR’s dispatch/receipt operation by telephone or fax at the latest by 12 p.m. on the delivery day or, if this is a Saturday, by 12 p.m. on the following working day. In the case of daytime express delivery, the CMR provisions shall apply.
This notice of damage is to be repeated in writing within 24 hours. The notice of damage must clearly indicate the loss or the form of damage and must include the likely damage amount.
Damage which is not externally visible must be reported to NIGHT STAR’s dispatch/receipt operation by the consignee, consignor or principal in writing at the latest on the seventh day following delivery.
Claims concerning missed delivery deadlines shall expire if not lodged within 21 days of delivery.
All claims on the part of the principal shall be subject to a limitation period of one year in accordance with Article 30 CMR irrespective of the legal grounds. In the case of intent or of negligence on a par with intent pursuant to the law of the court before which the case is brought, however, the limitation period shall be three years. Statutory limitation shall commence at the points in time stipulated there. In the case of partial loss, damage or the delivery date being missed, this shall be the day on which the goods are delivered.
10. Place of jurisdiction
If the principal is a merchant within the meaning of the German Commercial Code (HGB), a legal person under public law or a special fund under public law, the place of jurisdiction – including internationally – for all disputes arising either directly or indirectly from the contractual relationship shall additionally be the place of business of the contracted NIGHT STAR. Overriding legal provisions, in particular of the CMR, shall remain unaffected.