General Terms and Conditions (GTC)

1. Scope of Application

These General Terms and Conditions (GTC) apply to all transport, logistics and related services provided by NexCargo GmbH (hereinafter "NexCargo"), regardless of whether these are provided nationally or internationally.

Deviating, conflicting or supplementary terms and conditions of the client shall not apply unless NexCargo has expressly agreed to their validity in writing.

2. Formation of Contract

A contract is formed as soon as NexCargo accepts a transport order in writing, electronically or by actually commencing the transport service.

Offers by NexCargo are non-binding unless expressly designated as binding. Technical changes and minor deviations remain reserved to the extent that they are reasonable for the client.

3. Scope of Services

NexCargo provides transport services in accordance with the specifications agreed in the respective order (e.g. pick-up and delivery location, time windows, vehicle type, shipment data).

Unless expressly agreed otherwise, NexCargo is not obligated to meet a fixed deadline, but rather to deliver within a reasonable period taking into account traffic, weather and operating conditions.

NexCargo is entitled to use subcontractors to fulfil the order.

4. Client Obligations

The client is obligated to provide all information required for the execution of the transport completely, correctly and in a timely manner. This includes in particular:

• •Type, content, weight, dimensions and value of the shipment
• •Notes on special properties (e.g. fragile, temperature-controlled, hazardous goods)
• •Correct pick-up and delivery addresses and contact persons

The client ensures that the goods are properly packaged, transport-safe and compliant with applicable law. Damages resulting from inadequate packaging shall not be borne by NexCargo.

5. Prices and Payment Terms

All prices are exclusive of the applicable statutory VAT, unless expressly agreed otherwise.

Invoices are due for payment within 14 days of the invoice date without deduction. In the event of late payment, NexCargo is entitled to charge default interest and reminder and processing fees.

NexCargo is entitled to withhold services or to execute future orders only against advance payment if there are justified doubts about the client's ability to pay.

6. Liability

NexCargo's liability is governed by statutory provisions, in particular the provisions of the German Commercial Code (HGB).

Liability is — to the extent permitted by law — limited in amount to the statutory maximum liability amounts. Further liability only exists in cases of intent or gross negligence.

NexCargo is not liable for damages caused by:

• •Inadequate packaging
• •Incomplete or incorrect information from the client
• •Force majeure or unavoidable events

7. Transport Insurance

NexCargo holds the legally required carrier liability insurance.

Statutory liability is based on the weight of the shipment and does not necessarily cover the actual value of the goods. At the client's request, additional transport insurance can be arranged for a separate fee. This must be agreed before the start of transport.

8. Cancellation and Withdrawal

Individual orders can be cancelled free of charge until the transport service commences.

If cancellation occurs after dispatch or vehicle deployment, NexCargo is entitled to invoice for costs incurred and a reasonable processing fee.

9. Service Disruptions and Force Majeure

Force majeure events (e.g. natural disasters, strikes, official measures, road closures) release NexCargo from its obligation to perform for the duration of the disruption.

Claims for damages arising from such events are excluded.

10. Set-off and Retention

Set-off against counterclaims is only permissible if these are undisputed or have been established by a final and binding judgment.

Rights of retention can only be asserted to the extent that they are based on the same contractual relationship.

11. Data Protection

NexCargo processes personal data exclusively within the framework of applicable data protection laws. Details can be found in the current Privacy Policy on the NexCargo website.

12. Jurisdiction and Applicable Law

The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from or in connection with the contractual relationship is — to the extent permitted by law — the registered office of NexCargo GmbH.

13. Severability Clause

Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, a provision shall be deemed agreed that comes closest to the economic purpose of the original provision.