GENERAL CONDITIONS (2009) OF PACE CARS VALID FROM JULY 1, 2009
PREFACE/INGRESS
PACE Cars is issuing General Terms and Conditions (GTC) for the first time effective July 1, 2009. The purpose of the General Conditions is to supplement the statutory provisions.
SCOPE OF APPLICATION
Art. 1 The GTC shall apply to all orders executed by CarLog, insofar as they do not conflict with mandatory statutory provisions. They cover the entire scope of the forwarder's activities as described in more detail below. Agreements deviating from the GTC must be made in writing.
FIELDS OF ACTIVITY
Art. 2 Three areas of activity are to be distinguished: The Freight Forwarder as Intermediary In this function the Freight Forwarder performs a purely intermediary activity. He concludes contracts on behalf of his principal with carriers, forwarders, customs agents, warehousemen and other subcontractors involved. The Freight Forwarder as Carrier In the following, exhaustively listed cases, the Freight Forwarder has the position of a carrier: In case of self-entry, i.e. when he carries out a transport with his own means.
In case of issuance of own transport document with delivery obligation, such as through bill of lading (Multimodal Transport Document), etc.
In the case of purely European land transports (excluding purely rail transports), unless the forwarder expressly designates himself as an intermediary and also acts as such. The forwarder as a provider of other services (customs clearance, logistics operations, storage, etc.). These may be directly, indirectly or not at all related to a transport.
OFFER
Art. 3 Offers shall lapse if they have not been accepted 30 days after submission.
CONTENT OF THE WEBSITE
PACE Cars accepts no responsibility for the topicality, correctness and completeness of the information provided on our website. Liability claims against PACE Cars relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded as a matter of principle, insofar as there is no demonstrable culpable intent or gross negligence on the part of PACE Cars.
All offers are subject to change and non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by PACE Cars without separate announcement.
REFERENCES AND LINKS
PACE Cars is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. PACE Cars is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages.
PACE Cars hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. PACE Cars has no influence whatsoever on the current and future design, content and authorship of the linked pages. For this reason, PACE Cars hereby expressly distances itself from all content of all linked pages that have been changed since the links were created.
This statement applies to all links and references set within PACE Cars' own website as well as to entries made by third parties in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by PACE Cars to which external write access is possible.
For illegal, incorrect or incomplete content and in particular for damages resulting from the use or non-use of such information, the provider of the page to which reference is made shall be solely liable, and not the party who merely refers to the respective publication via links.
COPYRIGHT AND TRADEMARK LAW
PACE Cars endeavours to observe the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts it has created itself or to make use of licence-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and, if applicable, protected by third parties, are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners.
The mere mention of a trademark does not imply that it is not protected by the rights of third parties. The copyright for any material created by PACE Cars is reserved. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without PACE Cars' agreement.