General terms and conditions

BACK

The following conditions of the contract shall form an integral part of the agreement between Home Xpress GmbH, operator of the brand Deliver it and the Customer. In the following, the client shall be referred to as Customer and the contractor as Deliver it.

Xpress shall carry out the transport of the designated goods in accordance with the order placed by the Customer. Xpress shall assume no obligations with regard to the purchase, storage or assembly of the goods.

1. Transport costs are based on the current price list. Transport costs do not cover any kind of storage.

2. Transport costs shall be paid to the driver in cash or via debit or credit card.

3. The delivery items will be handed over to Deliver it on the day of delivery. At the point of handover, Deliver it will check the number of delivery items and their fault-free condition. The number of items will be recorded in the order documents. Any kind of damages will be listed in the order documents, too.

4. Deliver it shall only accept goods that are properly packed for transport.

5. The agreed delivery date shall apply only to the day of the delivery. Any specified times shall be non-binding. As such, the delivery deadline is complied with, even if the delivery occurs at any time during the agreed day.

6. The Customer shall ensure the delivery on the agreed date. It is not possible for Deliver it to store the goods and make a second journey. If however such an agreement is reached, an additional fee will be charged.

7. The confirmation of the received goods, the correct number of items and their integrity is validated by the customer’s signature.

8. All declarations, requests etc. relating to the transport of the goods must be addressed exclusively to Deliver it. Notice of defects, deadlines etc. that are submitted to third parties shall have no legal effects for Deliver it.

9. The Customer shall acknowledge the proper delivery of the goods after service provision.

10. In case of liability without fault as required by law (e.g. as a result of guarantee or in accordance with the German Product Liability Act), Deliver it shall be liable without limitation. This also applies for personal injury (injury to life, limb, health). Deliver it shall be liable without restriction for intent or gross negligence. In cases of minor negligence, Deliver it will only be liable for breach of important contractual obligations, so-called Cardinal Obligations. Material contractual obligations are such obligations which are to be granted to the Customer due to the sense and purpose of this agreement and from the breach of obligations which must be fulfilled to enable proper performance of the contract and on the compliance with which the Customer relies or may rely. In these cases, Deliver it shall not be liable for indirect and unforeseeable damages, consequential damages, missed profits and failed reductions. Apart from that liability shall be excluded for minor negligence. This limitation of liability applies accordingly for the legal representatives, employees and vicarious agents of Deliver it.

Additional information for business Customers: In the event of the violation of cardinal obligations and mild negligence on the part of Deliver it, liability shall be limited to the triple net invoice amount of the goods or services giving rise to the claim.

11. If any provision of this contract shall be held entirely or partly invalid or lose their legal effect later, the validity of the remaining provisions shall continue to be in effect. The parties to this agreement shall undertake to replace the ineffective provisions by regulations which most closely correspond the economic intentions and requirements of the agreement.