GTC

General Terms and Conditions 

of Orano NCS GmbH for for­warding and trans­por­tation ser­vices (“Orano NCS-GTC”)

1  Scope of Application

1.1. Orano NCS (her­ein­after: “Orano NCS”) pro­vides the cus­tomer with for­warding and trans­por­tation ser­vices, above all for the movement of radio­active mate­rials, in par­ti­cular com­plete for­warding ser­vices by rail, road, air and water (sea and inland waterways) and sup­ple­mentary for­warding services.

These ser­vices are pro­vided under the con­di­tions agreed in the order, in addition to these General Terms and Con­di­tions. In addition, the Special Terms and Con­di­tions listed in section 1.3 apply in their respective current version. Man­datory sta­tutory pro­vi­sions shall remain unaf­fected. The Orano NCS-GTC and the Special Terms and Con­di­tions in Section 1.3 can be viewed on the Orano NCS website at www.orano-ncs.com. These will be trans­mitted to the cus­tomer in text format upon request.

1.2. The customer’s General Terms and Con­di­tions of Purchase shall only apply if expressly accepted in writing by Orano NCS. We hereby expressly object to any refe­rence by the cus­tomer to his own General Terms and Conditions.

1.3. In addition, the fol­lowing Special Terms and Con­di­tions shall apply:

1.3.1 For heavy haulage, volu­minous con­sign­ments and crane work, the “General Terms and Con­di­tions of the German Federal Working Group Heavy Haulage and Crane Work – AGB/BSK” shall apply– and also the German Freight Forwarder’s Standard Terms and Con­di­tions (ADSp) within the meaning of Section 1.3.4 of the Orano NCS-GTC.

1.3.2 For maritime trans­por­tation, the “Bill of Lading Terms and Con­di­tions of Orano NCS” shall apply, in English and in the version pre­vailing at the time the order was placed.

1.3.3 For trans­por­tation by inland waterways, the “Inter­na­tional Loading and Transport Con­di­tions” for inland waterways (IVTB)“ shall apply.

1.3.4 For all other for­warding, freight, storage and any other ser­vices gene­rally asso­ciated with the for­warding industry, “German Freight Forwarder’s Standard Terms and Con­di­tions – ADSp” shall apply in the version dated 01.01.2016.

2  Offer / Con­tract, Lia­bility of the Customer

2.1. The basis for the service to be pro­vided by Orano NCS is in principle a con­tract in written form. Sub­se­quent changes must also be made in writing.

2.2. The offer by Orano NCS upon which the con­tract is based, including the quoted price, is based on the details sup­plied by the cus­tomer of the weight, centre of gravity, dimen­sions and tech­nical nature of the goods, including dimen­sioned dia­grams and requi­re­ments for the service.

2.3. Orano NCS will produce a trans­por­tation concept based on the customer’s details and requi­re­ments, which will form the basis for any transport permits that will have to be obtained from the aut­ho­rities, railroad infra­st­ructure managers or railroad trans­por­tation companies.

2.4. The offer is non-binding until the order is con­firmed by Orano NCS. It is subject to the reser­va­tions set out therein and to the fol­lowing reservations

  • the avai­la­bility of routes and time­table paths,
  • inspection and approval pro­ce­dures of aut­ho­rities, infra­st­ructure managers,
  • railway com­panies or other third parties whose invol­vement is com­pulsory, which – according to the best jud­gement of Orano NCS – do not cause any expense beyond what is usual, and
  • no con­di­tions being imposed by afo­re­men­tioned third parties that leads to increased costs or an increase in the time required com­pared to the offer.

2.5. If dimen­sions, weight or other – par­ti­cu­larly nuclear – cha­rac­te­ristics of the goods deviate from the details given by the cus­tomer, Orano NCS can at their pro­fes­sional dis­cretion, either make the efforts required to render their ser­vices and invoice the cus­tomer the resulting addi­tional costs or ter­minate the con­tract. § 417 of the German Com­mercial Code (HGB) applies cor­re­spon­dingly; Orano NCS must only grant the cus­tomer a period of grace if, in the pro­fes­sional esti­mation of Orano NCS this will allow the ser­vices to be ren­dered in accordance with the con­tract. Orano NCS will bill the cus­tomer any addi­tional costs that result from cir­cum­s­tances that are the subject of the reser­va­tions referred to in Section 2.4.

2.6. The cus­tomer shall be liable for all damage and expenses that arise for Orano NCS due to incorrect or omitted details by the cus­tomer con­cerning dimen­sions, weight and other cha­rac­te­ristics of the goods, such as nuclear cha­rac­te­ristics and/or dan­gerous goods in par­ti­cular. The legal lia­bility of the cus­tomer in his capacity as sender in terms of the law con­cerning the car­riage of goods shall remain unaffected.

2.7.The legal lia­bility of the cus­tomer in his capacity as sender in terms of the law con­cerning the car­riage of goods shall remain unaf­fected Orano NCS offers to create fea­si­bility studies, the scope of and remu­ne­ration for which must be agreed separately.

2.8. Unless otherwise agreed, the cus­tomer is respon­sible for the pro­cu­rement and timely pro­vision of pack­aging, con­tainers and any other pro­tective equipment required for the trans­por­tation of nuclear goods. He is then liable for the sui­ta­bility of the material pro­vided. If Orano NCS deter­mines within the scope of its inspec­tions that the material pro­vided is not sui­table for the pro­tection of the goods during trans­por­tation, Orano NCS may ter­minate the order set the cus­tomer an appro­priate period of grace. Any costs arising shall be borne by the customer.

3  Equipment

3.1. Without the written consent of Orano NCS, the cus­tomers may not pass equipment pro­vided by Orano NCS (con­tainers, trans­por­tation access­ories, etc.) to third parties.

3.2. If not otherwise agreed, the cus­tomer shall be respon­sible for loading and unloading the means of trans­por­tation in a safe and secure manner. He must examine the equipment pro­vided by Orano NCS for loading for its sui­ta­bility for the planned transport and report any defects immediately.

3.3. The cus­tomer agrees to his goods being trans­ported on open vehicles that are not covered by tarps. If the cus­tomer issues no inst­ruc­tions to the con­trary, loading on deck is per­mitted on inland waterway vessels and sea-going ships.

 

4  Exe­cution of Order, Adhe­rence to Deadlines

4.1. Orano NCS renders its ser­vices with the due dili­gence of a prudent businessman.

4.2. The cus­tomer shall undertake to gua­rantee that the cha­rac­te­ristics of the goods to be trans­ported permit the assignment to be under­taken in an orderly manner. He must ensure that the load is ready to be loaded without delay onto the transport vehicle and that the loading and unloading points are fully accessible.

4.3. Orano NCS is entitled to sub­con­tract the service fully or in part to sui­table subcontractors.

4.4. If the exe­cution of the assignment is delayed for reasons that lie within the customer’s sphere, the cus­tomer shall bear the resulting costs incurred by Orano NCS. Orano NCS is aut­ho­rised to charge rea­sonable demurrage, insofar as this does not already result from the con­di­tions men­tioned in Section 1.3.

4.5. The agreement of delivery dead­lines requires a con­tract within the meaning of Section 2.1; any infor­mation pro­vided by Orano NCS regarding delivery periods is otherwise non-binding and is subject to the reser­vation in the above Section 2.4.

5  Lia­bility

5.1. As long as no com­pelling legal regu­la­tions intervene, the lia­bility of Orano NCS in their capacity as for­warder and carrier is governed by the ADSp as defined in Section 1.3.4 of the Orano NCS-GTC. These contain lia­bility regu­la­tions, which deviate to some extent from the sta­tutory regu­lation. Par­ti­cular refe­rence is made to sec­tions 22 – 25 of the ADSp.

5.2. Insofar as the cus­tomer desires an amount that exceeds the afo­re­men­tioned lia­bility, he can com­mission Orano NCS to provide sup­ple­mentary insurance cover at his own cost.

5.3. Pro­vided that claims for damages by the cus­tomer are in all other respects not caused by intent or gross negli­gence on the part of Orano NCS or Orano NCS is not liable under man­datory legis­lation, claims for damages of any kind against Orano NCS their employees and sub­con­tractor that exceed the enti­t­le­ments set down in the con­tract and the Orano NCS-GTC are excluded. This does not apply to the vio­lation of essential con­tractual obli­ga­tions, that is of such obli­ga­tions whose ful­filment makes the proper exe­cution of the con­tract at all pos­sible and on com­pliance with which the cus­tomer may regu­larly rely; com­pen­sation in such cases is limited to the typical, fore­seeable damages.

5.4. The customer’s employees shall not be regarded as sub­con­tractors of Orano NCS.

5.5. The sta­tutory pro­vi­sions shall apply to noti­fi­ca­tions of damage by the cus­tomer. He must give Orano NCS an oppor­tunity to inspect the damage.

 

6  Terms of Payment

6.1. Orano NCS invoices are due for immediate payment. The cus­tomer shall be in default after 30 days from the date of the invoice. There will be no special reminder. Orano NCS may charge the legal interest for late payment.

6.2. Any netting or with­holding by the cus­tomer against claims by Orano NCS is excluded, unless his mature coun­ter­claim is undis­puted, ready for a decision or legally binding.

7  Place of Juris­diction and App­li­cable Law

7.1. For all dis­putes arising from the con­tractual rela­ti­onship (including coun­ter­claim, check and bill of exchange pro­cee­dings), the sole place of juris­diction is Hanau. Within the scope of man­datory juris­diction (e.g. according to the CMR) Hanau is con­si­dered to be an addi­tional place of jurisdiction.

7.2. The laws of the Federal Republic of Germany apper­taining to domestic parties shall apply.

 

8  Sup­ple­mentary Provisions

8.1. The cus­tomer agrees that the per­sonal data vol­un­tarily pro­vided by him, such as name, address, phone number and contact details may be pro­cessed, stored, trans­mitted and used, insofar as this is necessary for the business tran­saction; he is entitled to inspect this.

8.2. Should indi­vidual pro­vi­sions of this Orano NCS-GTC be or become invalid, this does not affect the validity of the other pro­vi­sions. The invalid pro­vision shall be replaced by a valid con­tractual pro­vision cor­re­sponding to the ori­ginal meaning.

8.3. Foreign lan­guage ver­sions of these Orano NCS-GTC are only for trans­lation pur­poses; the German text is the sole legally binding text.

Stand 01.08.2016