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Terms and conditions
1. Areas of application
1 -These logistics terms and conditions apply to all (supplementary) logistics services not covered by a transportation contract in accordance with section
2 - of the Home shifting mart Terms and Conditions– if applicable – or a freight, a forwarding or a warehousing contract but that are provided by a service provider in connection with such a transportation contract. Such logistics services may be activities for the principal or third parties named by the principal, like, for example, order acceptance (Call Center), treatment of goods, country or customer-specific adaptation of goods, assembly, repair, quality control, price labelling, shelf service, installation or implementation of goods and commodities or activities in
connection with the planning, implementation, control or monitoring of the management of orders, processes, sales, returns, disposals, recycling and information technology.
3 - Principal is that party that instructs its contracting partner with the provision of logistics services for itself or third parties.
4 - Service provider is that party that has been instructed to provide logistics services.
5 - If the Home shifting mart have been agreed, the logistics terms shall have precedence if individual clauses contradict each other or if there is a doubt about which terms and conditions a situation is subject to.
6 - The logistics terms and conditions do not apply to contracts with end-users.
2. Electronic data exchange
1- Each party has the right to create, transmit and exchange statements and notices electronically (electronic data ex- change), for as long as the transmitting party can be identified. The transmitting party is responsible for loss and correctness of the transmitted data.
2- If the communication between two data processing systems requires the provision of a common IT-interface by the logistics provider the costs incurred for the necessary work shall be borne by the principal. Furthermore, each party is obliged to take the usual security and monitoring measures and to protect the electronic data exchange against unauthorized access by third parties and to prevent the manipulation, loss or destruction of electronically transmitted data.
3- Each party shall appoint one or more contact persons for the receipt of information, statements and questions regarding the contract and communicate their names and contact addresses to the other party. If a party should not appoint a contact person, the person who signed the contract for that party shall be considered the contact person.
4- Electronically or digitally created documents shall be considered equal to written documents.
3. Confidentiality
1- Each party is obliged to treat any data and information not publicly accessible as confidential and to use these exclusively for the purpose intended. Only data and information needed by third parties (insurers, sub-contractors) for the execution of their duties may be passed on to them. The same rules of the confidentiality of electronic data and information shall apply.
2- The confidentiality rule does not apply to data and information that must be passed on to third parties, especially public authorities, due to legal obligations. The other party is to be informed about such obligation without delay.
4. Duties of the principal, protection of intellectual property
1- The principal is obliged, especially if as “system leader“,he determines the procedure for which the service provider has been engaged, to provide the necessary items, information
and authorisations required for the performance of the logistics services and give appropriate assistance, especially
2- to provide products and materials,
3- to inform the service provider about specific characteristics of goods and procedures and any legal or other duties connected herewith and, as far as necessary, to provide training courses for his staff and
4- to develop and update descriptions of procedures and materials (assembly instructions, construction plans and other plans) and to monitor their observation by the service provider. These provisions and the participation must be carried out completely and on time. This includes also all information required for an optimal planning of capacities.
5- The documents provided under section 4.1 remain the intellectual property of the principal. A right to seizure or retention may not be exercised by the service provider.
5. Duties of the service provider
1- The service provider is obliged to provide his services in accordance with the instructions of the principal of section 4. He is entitled, but not obliged, to monitor these.
2- The service provider who provides logistics services within the operations of the principal or on his instructions within the operations of a third party (e.g., shelf servicing) provides such services in accordance with the instructions of and at the risk of the principal.
3- The service provider is obliged to inform the principal without delay about any objections or irregularities occurring in the course of carrying out his contractual duties and to document these.
6. Hindrances, force majeure
1- Hindrances beyond the control of a contracting party release the parties from their duty to perform for the duration and extent of that hindrance. Hindrances are: strikes, lock-outs, force majeure, civil commotion, war or terrorist acts, measures taken by public
authorities or any other unforeseeable, unavoidable and grave events.
2- In the case of exemption according to 6.1 each contracting party is obliged to,
A- immediately inform the other party and
B- minimise, within reason, the effects on the other party as much as possible.
7. Modifications of the contract
1- Agreements on prices and services always refer exclusively to the specifically named services and to a generally steady volume of goods and activities. They assume unchanged
requirements for data processing, quality agreements and procedural instructions and unchanged energy- and personnel costs as well as public levies.
2- If the conditions described under 7-1 change, either party may request new negotiations to modify the contract with effect from the first day of that month which follows the month in
such request was made, unless the changes were already known to the requesting party at the time of reaching the agreement. The modifications of the contract must be based
on the identifiable changes including the rationalization effects.
3- Should the contracting parties fail within one month after the request for changes was made to agree on such changes, can either party terminate the agreement by giving notice of one month in the case of the contract being valid for one year, or three months if the contract has a longer duration. Such a termination may be declared only within one month
after the failure to change the contract.
8. Settlement, retention
The right of settlement against existing payments due or retention arising from a contract for logistics services according to 1.1 and other demands may only be exercised if no reasoned objection has been made.
9. Right of seizure and retention, ownership
1- The service provider has a right of seizure and retention for all payments due to him in connection with his activities for the principal in accordance with section 1.1 for any goods
and other values in his possession. This right of seizure and retention does not go beyond the legislation concerning seizure and retention.
2- The service provider may exercise his right of seizure and retention in connection with other contracts concluded with the principal for logistics services in accordance with section
1.1 only if this is undisputed or if the economic situation of the principal constitutes a threat to the payments to be made to the service provider.
3- The principal is entitled to prevent the exercise of the right of seizure if he offers the service provider suitable security (e.g., bank guarantee).
4- Section 4.2 remains unaffected.
5- In the case of the service provider in the course of his duties according to section 1.1 also transferring ownership to the principal, such ownership remains with the service provider until full payment has been made.
10. Acceptance, deficiencies, delays
1- If a formal acceptance of a logistics service is required from the principal, it may, due to the co-operative nature of logistics services, take place through use, re-sale or further
development, delivery to the principal or third parties specified by him. If a formal acceptance of a logistics service is not possible, completion shall be deemed as acceptance.
2- The principal is obliged to notify the service provider about apparent deficiencies at the time of acceptance. The notification must be made in writing or electronically (see 2). Noti-
fication is considered to have been made if it was sent in time and provided it reached the service provider.
3- If the principal fails to notify the service provider the logistics service is deemed to have been performed in accordance with the contract, unless the service provider maliciously
withheld information about the deficiency.
4- Claims because of delays become void if they are not made by the principal to the service provider within twenty-one days after the service was provided.
11. Rules for vendors
Eligibility
1- Vendor is engaged in the business of providing Logistics Services and has agreed to provide service for the Leads from Home Shifting Mart.
2- Customer information shall be provided to the Vendor(s) by way of shared Lead(s). There is no exclusivity in providing Lead(s).
3- Lead feedback from the Vendor is to be submitted to Home Shfting Mart within 24 hours.
4- Responsibility
i) Home Shifting Mart is a service provider and is not responsible for any loss after dealing of customer and vendor. Vendor is solely responsible.
ii) Registration charges are not refundable
iii) We do not ask any other fees, other than registration so be aware of frauds. For any inconvenience we are not responsible.
iv) Vendors can get only list of customers from Home Shiting Mart. Customer reliability is vendors problem.
i) Agreement shall be terminated if customer reviews bad about vendor more than once.
ii) Termination from either side can not be rebound
11 Limitation
1- Any claims from a contract according to 1.1 expire after one year.
2 - The limitation period starts for all claims with the day of delivery with the day of acceptance in accordance with section 11.1.
3- The above limitation does not apply
A- in the case of fatal injury, personal injury or damage to
health or
B- if legislation regarding limitation has overriding effect
Note: All the claims available at our website are subjected to terms and conditions.