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Terms and Conditions of
ECS Eurocargo Speditionsges.m.b.H.

(ECS = contractor), available at

1. ECS works exclusively on the basis of these terms and conditions as well as (subsidiary) the general Austrian freight forwarding conditions (AÖSp) in the currently valid version, published in the official register of Wiener Zeitung 1947/184, last amended by the register of Wiener Zeitung 1993/68 (online available in German and English at This also applies in particular in relation to foreign clients. These terms and conditions also apply to future transactions, even if reference is no longer made to them. Terms and conditions of the client, which are communicated to ECS in the course of business transactions, do not apply, even if they are not expressly contradicted.

These terms and conditions do not affect the validity of conventions in their currently valid version, insofar as their provisions prescribe a different regulation, such as the CMR or the railroad freight law provisions of the CIM, the SMGS and the SAT (international rail freight tariff Austria-USSR Successor states). The AÖSp and the railroad freight law provisions can also be sent to you at any time upon request.

2. If losses or damage to the goods are not externally recognizable, the sender or client is responsible for providing evidence that the loss or damage occurred during the period of liability. Externally recognizable damage must be reported to ECS in writing immediately upon delivery, externally not recognizable damage immediately after discovery, at the latest within seven days.

For all rail transports (also outside the CIM), the following must be observed: Upon acceptance of the goods by the entitled party, all claims against ECS from the transport contract in the event of partial loss, damage or exceeding the delivery period are extinguished. The claims only then do not expire:

a) in the event of partial loss or damage, if the loss or damage was ascertained prior to the acceptance of the goods by the person entitled with a railroad law report based on the model of Article 42 CIM;

b) in the case of externally not recognizable damage, which was only discovered after acceptance of the goods by the person entitled, if they request the determination as in Article 42 CIM immediately after the discovery of the damage and no later than seven days after acceptance of the goods and also prove that the damage occurred in the time between taking over the goods and delivery;

c) if the delivery deadline is exceeded, if the person entitled has asserted his claims against ECS within 60 days;           

3. You guarantee compliance with all relevant provisions. When loading dangerous goods, the provisions on the domestic and cross-border transport of dangerous goods and in particular the "Regulations for the International Carriage of Dangerous Goods by Rail (RID)", Appendix C to the Convention on International Rail Traffic (COTIF) and the provisions of the GGBG and ADR must be observed when loading the respective car, you are responsible for checking whether the car complies with the RID regulations and is approved in accordance with the TSI, ORE and UIC regulations.

4. ECS is not obliged to load or unload the transported goods, unless this is expressly agreed (in writing). ECS is not liable for damage that occurs during the loading or unloading process or that can be traced back to circumstances during the loading or unloading process.

5. You are responsible for proper loading, packaging and load securing. Loading, packaging and load securing must be carried out in accordance with the UIC loading guidelines / packaging guidelines. Shipments that are reloaded at the standard / broad gauge interface are to be reloaded to the reloading point in accordance with the UIC loading guidelines. From the reloading point, loading and securing takes place in accordance with the SMGS regulations, Appendix 14. When loading road vehicles, you must ensure compliance with the road police and motor vehicle regulations.

6. The client is liable for all idle times and consequential costs due to circumstances that are outside the control of ECS, especially in the event of late arrival / collection or late provision / handover / acceptance of the cars at the agreed pick-up points. ECS is entitled to pass on all costs in connection with delays or downtimes to the client according to the display or to the extent customary in the location. Upon request, the client must release ECS immediately from all claims in connection with idle times.

7. Upon request, the client must immediately release ECS from claims (of any kind), customs duties, taxes and other charges that are made to ECS.

8. You undertake to prepare all freight documents and the RID classification correctly and truthfully. The client must inform ECS in good time of all public law (including tax and customs law) obligations associated with the possession of the goods. The client is liable for all consequences of the omission.

9. ECS has a right of lien and a right of retention to the goods or other items in its control of all due and non-due claims to which it is entitled under the contract in question.

10. An increase in the value of the maximum amounts or a declaration of value or a special interest in delivery cannot be agreed.

11. The specified loading and unloading dates are not delivery times, but only approximate guide values ??/ standard delivery times.

12. All liability limitations and deadlines, in particular notification and damage assessment deadlines apply without exception, unless the person entitled proves that the damage is due to an act or omission on the part of ECS, either with the intention of causing such damage or recklessly and was committed knowing that such damage was likely to occur.

13. The contractual relationship is subject to Austrian law with the exclusion of the provisions of IPR. For all disputes between the parties to the dispute in connection with this agreement, including disputes about the validity of this agreement, as well as disputes in connection with individual agreements concluded in the execution of this agreement, the jurisdiction of the relevant court for A-1130 Vienna shall be the responsibility of the relevant court agreed.

ECS EUROCARGO Speditionsges.m.b.H.           A-1130 Vienna, Hietzinger Hauptstraße 72/1/3
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