General Terms and Conditions

General Terms of Use for the Logward "Logward Cloud" Application

 

1 Scope of application of these General Terms of Use

These General Terms of Use apply to the Logward Cloud application. By using the Logward Cloud application, the Customer confirms its agreement to be bound by these General Terms of Use.

 

2 Definitions

 

Booking Confirmation: means a statement by which Logward declares that it accepts the Customer's Booking Request

 

Booking Request: means a Customer's contractual offer to Logward generated and communicated by the Customer's use of the Logward Cloud

 

Change of Booking: means Logward's contractual counter-offer to the Customer proposing changes to the Booking Request

 

Contract: means a contract between the Customer and Logward for the services as defined in a Booking Confirmation, or in a Change of Booking accepted by the Customer respectively

 

Customer: means the party who uses the Logward Cloud App acting at the same time within the scope of its commercial enterprise (business-to-business transaction)

 

Goods: means the cargo in relation to which the Customer obtains a Quote

 

Logward Cloud App: means the Logward Logward Cloud application

 

Logward: means Logward GmbH & Co. KG, with registered seat at Bleichenbrücke 10, 20354 Hamburg

 

Quote: means a non-binding price information generated and communicated by the Customer's use of the Logward Cloud App

3 Restriction to business-to-business transactions, exclusion of business-to consumer transactions

The use of the Logward Cloud App is restricted to a Customer acting within the scope and for the purpose of its commercial enterprise (business-to-business transaction). Logward shall in no way whatsoever be bound by or committed to any use of the Logward Cloud App, or any communication promoted by such use, if such use has been made by an individual person or company not acting within the scope and for the purpose of its commercial enterprise (business-to-consumer transaction).

 

4 Electronic correspondence

The Customer agrees that the exchange of electronic correspondence shall be the preferred mode of communication between the Customer and Logward. The Customer will provide and maintain the necessary technical and organisational precautions to ensure that it can receive and process without delay all electronic correspondence sent by Logward to the Customer in accordance with the contact information provided by the Customer during the use of the Logward Cloud App.

 

 

 

5 Conclusion of Contract

 

5.1 Quote

The Logward Cloud App is intended to provide the Customer, by clicking the "Submit Rate Request" button, with an automatically generated Quote indicating a price for services related to the transport of the Goods from the point of origin to the point of destination based on the details provided by the Customer during the use of the Logward Cloud App. The Customer assures that all the details it provides are correct. The Quote is provided for informational purposes only. The Quote has no binding effect on Logward. In particular (but without limitation), the Quote does not constitute a binding offer for the conclusion of any contractual agreement on the part of Logward, or represent any statement by Logward concerning availability of certain transport capacities, or establish any acceptance by Logward of certain types of commodities, routings, dates, freight rates, etc.

 

5.2 Booking Request

After the Customer has received the Quote in the Logward Cloud App, the Customer has the opportunity, by clicking the "Book Now" button, to generate an electronic Booking Request based on the Quote and the details provided by the Customer. The Customer then has the opportunity to review the details of the Booking Request and make corrections to any input errors. After 60 minutes, Logward will consider the order as confirmed and will automatically place the booking at chosen carriers. Any changes afterwards will be charged. Such Booking Request shall constitute a binding contractual offer by the Customer. The Customer will receive an automated electronic response from Logward indicating that the Booking Request has been received by Logward for further review. Neither the receipt of the Booking Request by Logward nor the automated electronic response confirming such receipt shall have any binding effect on Logward. In particular (but without limitation), the automated electronic response does not constitute a contractual acceptance of the Booking Request on the part of Logward.

 

5.3 Booking Confirmation

After Receipt of the Booking Request, Logward will review the Booking Request in due course and assess, at its sole discretion, whether or not Logward accepts the Booking Request. If Logward accepts the Booking Request, it will provide the Customer by email with an electronic Booking Confirmation, in which case the Booking Confirmation shall constitute a binding Contract between the Customer and Logward. The Booking Confirmation will contain the relevant details of the Contract. The Customer must review the Booking Confirmation without undue delay. If the Booking Confirmation contains discrepancies from, or additions to, the Booking Request, which the Customer does not want to accept, the Customer must immediately inform Logward thereof, otherwise the content of the Booking Confirmation shall become binding.

 

5.4 Non-acceptance of Booking Request, Change of Booking

If Logward decides not to accept the Booking Request, it will provide the Customer with a response stating that the Booking is not accepted. Logward is not obliged to provide any reasons for the non-acceptance. Such non-acceptance will not impose any responsibility or liability on the part of Logward. Alternatively, but at Logward's sole discretion, Logward may propose changes to the Booking Request with a Change of Booking, which may contain freight rates, routings, dates, etc. differing from those stated in the Booking Request. The Customer must review the Change of Booking and inform Logward within 48 hours as from receipt if it wants to accept the Change of Booking, in which case the Change of Booking shall constitute a binding Contract between the Customer and Logward. If the Customer does not accept the Change of Booking within such deadline, the Booking Request and the Change of Booking shall become invalid and shall not impose any responsibility or liability on the part of Logward.

 

6 Price

The price agreed in a Contract is based on packed and stackable general cargo. If further expenditures, such as (without limitation) freight, surcharges, fees, average contributions, customs duties, or taxes accrue in respect of the Goods during the time Logward performs the services under the Contract, the Customer must immediately indemnify Logward for such expenditures, unless Logward is solely responsible for their accrual.

 

7 General terms and conditions of the Contract

Any Contract concluded in accordance with Clause 5 above shall be subject to the German Freight Forwarders' Standard Terms and Conditions of 2017 ("Allgemeine Deutsche Spediteurbedingungen 2017" or "ADSp 2017") (which you can review here). Please note that the above general terms and conditions can contain limits to Logward's liability which are lower than those provided for under the applicable statutory provisions. For example, in Clause 23 the ADSp 2017 provide for limitations to the liability for loss of or damage to cargo differing from the German statutory law (section 23 of the German Commercial Code [Handelsgesetzbuch]), because they limit the liability in case of multimodal transport covering also a carriage by sea and an unknown place where the damage occurred to 2 SDR per kilogramme, and further limit the statutory limitation - 4 - applying to non-maritime transport of 8,33 SDR per kilogramme to € 1,25 Million overall per damage and to € 2,5 Million overall per event, but not below 2 SDR per kilogramme. In addition and to the extent that the above general terms and conditions do not contain conflicting provisions, the terms and conditions of the AC Container Line Bills of Lading (which you can review here) will apply.

 

8 Jurisdiction, applicable law

Unless otherwise agreed or provided for in the general terms and conditions referred to in clause 7 above, legal proceedings against Logward may be instituted only at the place where Logward has its principal place of business and shall be decided according to the law of the country of that place.

We exclusively operate based on German Freight Forwarders’ Standard Terms and Conditions 2017
(Allgemeine Deutsche Spediteurbedingungen 2017 - ADSp 2017)

© 2020 Logward GmbH & Co. KG · Bleichenbrücke 10 · 20354 Hamburg