General Terms and Conditions of BAUER VERTRIEBS KG for the Transport of Printed Materials

§ 1 - Scope of Application

1. These General Terms and Conditions (hereinafter referred to as GTCs) apply to agreements (hereinafter referred to as Transport Agreement) for the transportation of letter-like parcels, for example printed material such as catalogues and magazines within the German market concluded between a company (hereinafter referred to as Customer) and BAUER VERTRIEBS KG (hereinafter referred to as VKG). They include in particular any additional or supplementary services agreed.
   
   
2. Unless otherwise specified by mandatory legal regulations, individual written arrangements and these GTCs, the provisions of Sections 407 ff. of the German Commercial Code (HGB) covering freight agreements will apply.
   
   
3. VKG'S currently valid fees in their latest version will also apply.

§ 2 - Transportation Exclusion

1. Each item of printed matter to be transported may not exceed 1000g (including all enclosures). Enclosures may not change the format of the printed material. Special formats such as oval, round or star-shaped brochures require the prior consent of VKG
   
   
2. Similarly, printed materials will also be excluded from transportation whose contents, external design or transportation are legally or officially prohibited. It is the Customer's responsibility to ensure that such printed material is supplied to VKG for transport.
   
   
3. In the event that the specified weight or format is exceeded, VGK is entitled to refuse to deliver any item in question or may increase the fee due from the Customer in accordance with VKG'S usual rates.
   
   
4. In the event that the value of the printed material exceeds the actual or intangible value specified in Section 1 Subsection 2 of the Transport Agreement, VKG will unfortunately be compelled to refuse to transport such item, as this would not be economical.
   
   
5. Should VKG be able to or have to refuse to deliver printed material, it may request the Customer to collect the printed material immediately at the latter's own cost. The Customer must reimburse VKG for any costs incurred in this connection, including the costs for storing the printed materials.

§ 3 - Supply and Packing

1. The Customer must provide VKG with all necessary details about the addressees (e.g. title, first and last names, company if applicable, address and any other details required) as well as all other information necessary for delivery (e.g. weight, collection and delivery details) and other documents in advance and at least two working days before these details have to be supplied to any further service provider (such as a letter or print shop).
   
   
2. VKG will then check the address material and eliminate those addressees to whom VKG will not make delivery. Delivery of printed material to addresses to which VKG does not deliver must be effected by the Customer himself or by third parties engaged by the Customer. VKG will forward the details of eliminated addressees to the Customer or to a third party nominated by the Customer in writing.
   
   
3. The printed material that is to be transported will be either
   - collected by VKG from a third party nominated by the Customer in writing (such as a letter or print shop), provided this is located within the Federal Republic of Germany, or
   
   - delivered by the Customer to the Cologne hub or direct to VKG's main distribution point depots, with VKG having notified the Customer of the addresses of these locations.
   
   The choice of place of handover for the printed material will be specified in written arrangements between VKG and the Customer. In particular cases, these arrangements may also contain a domestic delivery route (within Germany) differing from the locations mentioned above.
4. The Customer must make the printed material to be transported available at the handover points listed in Section 3 Subsection 3 of these GTCs in due time prior to the delivery date agreed in the Transport Agreement. The actual date of handover will be specified in written arrangements between VKG and the Customer (taking into account the agreed handover location and the agreed delivery date).
   
   
5. It is the Customer's duty to pack the printed material in such as way as to ensure that they are protected from loss or damage and that no harm occurs to VKG.  Further details concerning packing (e.g. packing standards, baling using tie fastening or shrink wrapping, palletisation etc.) will be specified in separate arrangements between VKG and the Customer. The Customer must supply the printed material in accordance with the aforementioned guidelines in order for VKG to be able to perform trouble-free delivery.
   
   
6. Should the Customer fail to supply the printed material on the agreed handover date or if, for example, the printed material is incorrectly addressed or sorted, the Customer will be liable to bear any additional costs that may arise. VKG will make every effort to keep such additional costs as low as possible. For cost reasons, VKG will not perform a check on how the printed material is addressed or sorted on handover. A check will only be performed directly before delivery after the printed material has been supplied to the so-called distribution agents. VKG will inform the Customer immediately about any errors relating to addressing or sorting that come to light at this point.
   
   
7. Circumstances that make it impossible for the Customer to supply the printed material, or which make this unduly difficult and for which the Customer or his third party agents are not responsible, release the Customer from the obligation to supply for the period of the hindrance and its consequences. Such circumstances include in particular hindrance as a result of measures taken by official authorities, disruptions of operations, strike action, lockouts and other forms of industrial conflict, acts of God and suchlike. The same applies to the delivery of the printed material by VKG.
   
   
8. The Customer must notify VKG immediately and in writing of any disruption to contractual services that he may become aware of and must make every reasonable effort within his power in order to enable VKG to resolve the disruption. Section 438 Subsection 5 of the German Commercial Code (HGB) will not apply. Any notification must indicate the disruption sufficiently clearly giving details of the name and address of the addressee to whom delivery cannot be made. The Customer will allow VKG to inspect the written documentation in a timely manner and on demand in the event of an end-customer complaint. The Customer will also immediately supply, on request, all further information required for VKG to meet its duty to mitigate loss and to be able to perform any measures it considers necessary with regard to quality assurance.

§ 4 Franking

1. It is not necessary for the Customer to frank the printed material.
   
   
2. However, at the Customer's written request VKG will make its franking logo available to the Customer free of charge in order for the printed material that is to be transported to be franked once. Through his request to use the franking logo, the Customer assures VKG that he is entitled frank the printed material. The Customer will be liable vis-à-vis VKG for any use of its franking logo that is not covered by the entitlement in accordance with Section 4 Subsection 2 Sentence 1.

§ 5     Remuneration

1. Payment for transport will also be due for printed material whose addressees have moved away, whose address is incorrect or to which delivery cannot be made for other reasons for which VKG is not responsible. In case of doubt, the remuneration for the complete shipment handed over to VKG for transport shall be deemed to be due.
   
   
2. Any other services performed by VKG that are not expressly listed in the Transport Agreement or in written arrangements will be charged for separately and in accordance with VKG's usual fees, unless otherwise agreed.
   
   
3. VKG will receive the statutory VAT due for all printed matter.
   
   
4. By paying the invoice amount the Customer will be deemed to have accepted that delivery of the printed matter has been duly effected unless the Customer expressly contradicts this or unless any defect was not outwardly apparent.
   
   
5. Should the Customer wish the invoice to be issued to an independent company belonging to his group of companies (hereinafter referred to as Third Party), VKG will only comply with this wish if the Third Party provides a written statement that he will be jointly and severally liable with the contracting party for the transport services that are the subject of this Agreement. VKG will then issue invoices to the Third Party, but reserves the right in the event of a delay in payment to demand payment from the Customer.
   
   

§ 6 Miscellaneous

1. The assignment of the Transport Agreement as whole, or of fundamental rights and duties contained therein, is only permissible with the prior written consent of the other contracting party. The assignment to an associate company only requires a written statement to be made to the other contracting parts and not his prior consent. An associate company for VKG is deemed to be the companies in the Bauer publishing group. Any other provisions in the Transport Agreement remain unaffected by the provision of Section 6 Subsection 1. In cases of doubt, the latter shall have precedence.
   
   
2. Any contracts that fall within the scope of these GTCs shall be subject in all their parts exclusively to the laws of the Federal Republic of Germany excluding the law on conflicts or any other applicable bilateral or multilateral international treaties. The application of the German Freight Forwarders' Standard Terms and Conditions (ADSp, Allgemeine Deutsche Spediteurbedingungen) and the minimum conditions for forwarding insurance (SpV, Speditionsversicherung) is excluded.