File Logistics | Performance Conditions

I. General

1. We provide our services on the basis of the following conditions. Even in the event of deviating terms and conditions of our contractual partner, our terms and conditions shall apply exclusively.
2. After an initial transaction, our terms and conditions of performance and payment shall also apply to all future transactions with customers without the need for a renewed reference to our terms and conditions of performance and payment.

II. offers

1. Our offers are always subject to change.
2. Contract intermediaries commissioned by us are not authorized to make verbal or written promises to customers. Changes to the text of the contract or additional agreements can only be made by persons authorized by us to do so in writing.
3. Price information in lists, catalogs or on data carriers is non-binding and requires written confirmation.
4. Illustrations, dimensions and weights in our brochures are approximate.

III. contract design and execution

1. We are entitled to commission subcontractors with the processing of the contract or parts of the contract if they satisfy the respective applicable data protection requirements in fact and in law in the same way as we do.
2. We reserve the right to adapt the manner in which we provide our services to developments in technology, insofar as this does not alter the essential core of the agreement reached with the customer.
3. We reserve the right, within a period of seven working days after receipt of the material handed over to us for storage, to return all or part of it to the customer at the customer’s expense if we are of the opinion that the material is not suitable for storage.
4. Prior to storage, items of special value, especially antiques and works of art, are excluded. If securities (shares, bonds, fund certificates, …) foundation files or loan agreements still in progress are to be stored, this requires an express agreement.
5. Any description of the condition and quality of the material handed over to us made by us upon handover and communicated to the customer in writing shall be deemed to be accurate unless the customer expressly objects to such description within seven working days of its receipt by him.
6. We are not obliged to check the content or completeness of the documents and materials handed over to us by the customer for storage/archiving. We are not obligated to verify whether the customer is entitled to provide us with the material for archiving.
7. The customer is obliged to inform us of all circumstances and information required for proper storage of the material handed over to us.
8. The customer is obligated to expressly notify us in writing if the material handed over poses a risk or may pose a risk in the future. Insofar as such a reference is omitted, the customer shall be responsible for all damage resulting from the fact that the danger emanating from the material is realized.
9. The customer is obliged to hand over to us only such material as he can dispose of. We are not obliged to check the customer’s right of disposal over the material handed over to us.
10. We will keep all materials given to us strictly confidential. By way of exception, in the presence of a judicial search or seizure warrant, the materials specifically designated in the warrant may be handed over to the competent authorities.
11. If material of another customer is sent to the customer by mistake, the customer is obliged to keep the material confidential. He has to inform us immediately about the missing shipment.
12. All transport costs, including any returns, shall be at the expense and risk of the customer. Shipping is without any guarantee. Insurance is at the request of the customer and at his expense.
13. The assignment of rights and/or the transfer of the customer’s obligations under this contract are not permitted without our written consent.

IV. Prices/Payments

1. If, during the term of the contract, changes are made to our range of services due to technical or other improvements or rationalization in our work process, we shall be entitled, if the customer is specifically affected by this and makes use of this range of services, to adjust the agreed prices appropriately to the changed range of services. The reference value shall be our respective applicable standard prices in relation to the respective concrete content of the contract.
2. We are also entitled to adjust the price if the customer significantly exceeds or falls short of the contractually stipulated order volume.
3. In the event of any price adjustments, the customer has the right to terminate the contractual relationship within 90 days to the end of the quarter after next. Until the termination of the contract, the prices valid before the price changes apply.
4. All prices quoted are subject to VAT at the statutory rate on the day of performance.
5. Offsetting with counterclaims/counterclaims is excluded unless the counterclaims/counterclaims have already been legally established or are not disputed by us.
6. In the event of default or deferral of payment, we shall be entitled to charge default interest at a rate of 8 percentage points above the base interest rate. We reserve the right to claim further damages for delay.
7. In the event of default in payment and reasonable doubt as to the solvency or creditworthiness of our contractual partner, we shall be entitled – without prejudice to our other rights – to demand securities or advance payments for outstanding services and to assert all claims arising from the business relationship, taking into account the provisions set out in Clause 1. V. 3. d) regulation mentioned above.

V. Term/Liens/Termination of Contract

1. The contractual relationship shall be tacitly extended by one year at a time unless one party terminates the contractual relationship at least 3 months prior to the expiration of the initially provided or tacitly extended contractual term.
2. We have a lien on the customer’s materials stored with us for our payment claims arising from this contractual relationship.
3. The contract may be terminated by either party for cause without notice. Important reasons are in particular if
   1. one of the contracting parties files for the opening of insolvency proceedings against its assets;
   2. one of the parties is to be liquidated;
   3. one of the parties fails to comply with a material contractual obligation within the set period despite a reasonable deadline accompanied by a threat of termination;
   4. the customer is more than three months in arrears with the payment of an installment or a total amount corresponding to an installment. In the case of installments payable monthly, a reason for termination exists if the customer is in arrears with the payment of two installments or a total amount equivalent to two installments.
4. In the cases described in para. V. 3. the customer is obliged to collect his material stored with us after termination of the contract by us. For this purpose, we shall request the customer at the address last notified to us, referring to the termination and the consequences of non-collection specified in V. 5, and set a deadline of 10 weeks for collection.
5. If the customer does not fulfill his obligation to collect, we are entitled to destroy his material stored with us. Something else applies only if the customer has paid for the storage of the material in advance. In this case, we are entitled to destroy the goods only at the time when the fee payable for storage has been used up.

VI Warranty

1. Material that the customer had archived with us, he has to examine after its return. The customer must notify us in writing of any obvious damage or damage that can be detected during a proper inspection within seven calendar days of handover/delivery.
2. The customer must notify us in writing of any damage that is not obvious or that cannot be detected during a proper inspection within seven calendar days of discovery, but no later than three months after handover/delivery.
3. In the event of failure to comply with the time limit for lodging a complaint, liability on our part shall not be considered under any circumstances.

VII Liability/compensation

1. We are not liable for the slightly negligent breach of contractual obligations, unless these are essential contractual obligations.
2. The same applies to the negligent breach of contractual obligations, provided that this does not result in damage to life, limb or health of the contractual partner. In the event of injury to life, limb and health, we shall also be liable for negligent breach of duty.
3. In cases of grossly negligent breach of contractual obligations by simple vicarious agents (not legal representatives or executives), liability shall be limited to the amount of the average damage to be expected in the ordinary course of events.
4. Our liability is limited in any case – except in the case of intentional breach of duty – to a maximum amount of EUR 1,000.00.
5. Claims for compensation for damage that has not occurred to the item to be stored are excluded against us, unless we can be accused of intent or gross negligence or we are liable due to warranted characteristics.
6. We shall not be liable for any permanent interruption of operations due to force majeure or other omissions or errors due to force majeure or circumstances beyond our control.
7. We do not assume any liability for damages incurred by the customer or its contractual partners due to the fact that the customer does not know or does not observe the regulations applicable to it for the storage and archiving of material (in particular deadlines). The responsibility for compliance with the legal provisions applicable to the customer in each case for the storage and archiving of material is the sole responsibility of the customer.
8. The customer is obligated to indemnify us against any liability incurred by third parties as a result of the customer fulfilling its obligations set forth in sec. III. 7. – 9. of these General Terms and Conditions.

VIII Final Provisions

1. German law shall apply exclusively to all legal relationships between us and the customer.
2. The place of performance for all services is Hamburg.
3. If the customer is a fully qualified merchant, it is hereby agreed that the exclusive place of jurisdiction for disputes of any kind shall be Hamburg.