General Terms and Conditions (GTC) of Scanpak GmbH
Preamble
Scanpak GmbH, Werkstraße 4, 24955 Harrislee (hereinafter referred to as "Scanpak") works in the field of shipping services and has concluded contracts with various freight forwarders for the provision of services. Scanpak is entitled to resell the services to the contractual partner in accordance with the reseller agreements concluded with the freight forwarders. Scanpak makes these tariffs available to the contractual partner in accordance with this reseller agreement. Scanpak provides all services to the contractual partner in its own name and for its own account, not in the name of the various freight suppliers.
Scanpak hereby informs the contractual partner that he must comply with the tariffs and general terms and conditions of the freight forwarders and that these tariffs and conditions are part of this contract. The contractual partner is responsible for obtaining publicly available information. If there are obstacles to access, the contractual partner must notify Scanpak of these in writing.
The contractual partner is obliged to regularly check that the respective tariffs and conditions are up to date.
All consignments for which senders, recipients or third parties on sanctions or boycott lists of the applicable EC anti-terrorism regulations or other sanctions lists are to be included in the services provided by Scanpak are subject to a fundamental exclusion of services.
Scope of application, general
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts with Scanpak. They apply in addition to individual contractual agreements.
Unless otherwise stipulated in these GTC, the latest version of the German Freight Forwarders' Standard Terms and Conditions (ADSp) shall apply in addition to the statutory provisions, in cross-border traffic the provisions of the CMR (Convention on the Contract for the International Carriage of Goods by Road) and for air freight shipments the Warsaw Convention and the Montreal Convention.
These GTC are an integral part of all contracts concluded between Scanpak and its contractual partners, unless expressly agreed otherwise in writing. Individual contractual provisions shall always take precedence over these GTC. Conflicting general terms and conditions of the contractual partner shall not apply, with the exception of the ADSp (current version) included in the order. These GTC and the ADSp in their respective valid (current) version are available for download at [https://www.dslv.org/fileadmin/Redaktion/PDFs/07_Publikationen/ADSp/DSLV-ADSp-2017.pdf].
Subject matter of the contract and scope of services
Scanpak provides the services under this contract exclusively on the basis of the current version of the German Freight Forwarders' Standard Terms and Conditions (ADSp). It is expressly stated here that those provisions of the ADSp that are not explicitly quoted below shall also apply. In addition, those legal principles from the German Commercial Code (HGB) to which reference is made in the ADSp also apply. The Warsaw Convention, the Montreal Convention or the CMR Convention apply to international freight traffic or whenever the country of departure and destination of the transported goods are not identical, depending on the transport route and mode of transport. The latter take precedence over national jurisdiction - subject to any regulatory gaps - which is why it is hereby expressly excluded that Scanpak concludes contracts in accordance with - non-German - national transportation laws.
Scanpak offers its logistics services exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Although it delivers and ships - on behalf of third parties - to consumers in accordance with § 13 BGB, it does not contract directly with them.
The shipping conditions are made available to the contractual partner in the form of rate sheets contained in the offer and form a binding part of the contractual relationship. For shipments whose prices are not defined in the offer, Scanpak shall charge a flat rate, which is based on the costs charged by the respective freight forwarder plus a margin surcharge of 20% on the freight forwarder's freight conditions. The actual shipment parameters determined by the freight forwarder are always decisive for the final price determination. The contractual partner is obliged - prior to shipment - to check the rates for completeness (including destination countries, service types, ...). Unless otherwise agreed individually, these tariffs shall apply to the shipment in their respective version with the appropriate price structure.
Invoice verification, logistics controlling and damage recording activities are not included in the scope of services. Any additional services provided by Scanpak can be commissioned if required and on the basis of a separate, individual agreement.
The contractual partner must ensure that the consignor and the consignee are ready for dispatch and acceptance at the usual local dispatch and acceptance times. The recipient must ensure immediate acceptance of the shipment without delay. Compliance with the agreed transit time requires that exact acceptance times are defined. The delivery time is subject to normal traffic and weather conditions. Force majeure of any kind (strike, lockout, official obstacles such as security measures of any kind, smog alarm, compliance with legal and official regulations regarding the value of goods and procurement of the goods, etc.) shall release Scanpak from the delivery time specification and other services in connection with the products offered. On Saturdays, Sundays and public holidays, there is no obligation to deliver and forward. Scanpak is not liable for delays in delivery times. The so-called lead times are only an indication and in no case binding for Scanpak.
Information on restrictions for delivery, such as in traffic-calmed zones or the need for a lifting platform, must be provided by the contractual partner and is not part of Scanpak's service under this reseller contract. Delivery times for the product lines offered are in no case guaranteed delivery times.
Dangerous goods - classified according to ADR - can only be accepted by the contractual partner within the framework of the statutory regulations. In any case, the contractual partner is obliged to notify Scanpak prior to the shipment of ADR goods.
The following goods in particular are generally excluded from acceptance for transportation by the contractual partner:
that fall under national or international regulations on dangerous goods (e.g. IATA),
which, due to their nature or packaging, may pose a risk to persons, other transported shipments or other items,
whose transportation requires special safety precautions or an official permit,
whose shipment, transportation or storage is prohibited in the country of dispatch, destination or transit, or violates an export or import ban or other statutory provisions.
The following items in particular are also excluded from transportation:
Means of payment, documents of monetary value or negotiable securities (e.g. money, credit cards, checks, savings books, bills of exchange, securities);
Items of exceptionally high value (e.g. works of art, unique items, antiques, precious stones, precious metals, stamps, coins);
Motor vehicles of all kinds
living animals and plants, animal carcasses, body parts or human remains;
Narcotics and pharmaceuticals, weapons and explosives;
Perishable or temperature-sensitive goods that are not excluded from transportation in accordance with the above provisions shall be accepted for transportation at the risk of the contractual partner; however, no special handling shall take place.
The contractual partner must notify Scanpak in writing of particularly valuable and/or theft-prone goods (in particular pharmaceutical products, luxury items, telecommunications or entertainment electronics, smartphones, tablets, smartwatches, software and hardware and IT accessories, tobacco products, spirits, champagne, motor vehicles, etc.) as well as goods with an actual value of more than EUR 50.00 per kg in good time before acceptance, so that Scanpak can decide whether to accept the goods and take measures to ensure that the order is processed safely and without damage. Goods sensitive to frost and heat must be notified separately. In the absence of information - in particular value information - the additional risk - regardless of its nature - shall be borne exclusively by the contractual partner. Finally, the contractual partner is obliged to find out from Scanpak any tariff zones subject to inquiry, if relevant.
Freight rates
The charges for transportation and other services are set out in the respective offer in the form of rate sheets. These are exclusive of any transport insurance premiums, customs and import duties and collection fees and apply in the current version submitted with the offer.
Price lists require - for each new delivery and collection country - initial approval by the contractual partner. Surcharges, insofar as they are incurred due to the shipment, will be charged subsequently if they cannot be calculated when calculating the shipment.
Prices can be increased to compensate for increased costs. This is the case, for example, if third parties from whom necessary ancillary or preliminary services (e.g. fuel) are purchased increase their prices. Furthermore, such price increases are possible to the extent that they are caused by an increase in legal or official requirements or public charges (e.g. tolls). Scanpak reserves the right to pass on price adjustments by the various freight carriers to the contractual partner and to adjust the rates accordingly. In addition, the prices stated in the offer apply exclusively under the condition that the shipping volume defined in the offer is adhered to by the contractual partner. If the agreed volume is not met, Scanpak is entitled to adjust the prices accordingly or to submit a new offer after consultation. Scanpak is obliged to notify the customer of the price increase with a corresponding lead time.
The surcharge logics shall apply in the relationship between Scanpak and the contractual partner. All additional costs incurred by Scanpak that are not included in the fixed prices stated in the respective offer shall be charged separately.
If taxes, fees, duties, customs duties, customs penalties or storage costs are levied by the authorities or if the carrier/scanpak is requested to pay such costs on behalf of the shipper, consignee or third party and the carrier/scanpak is unable to collect this amount from the person concerned on first demand, the shipper must pay the amount on demand from the carrier/scanpak, unless the financial outlay is not necessary.
Fees and surcharges
Scanpak reserves the right to pass on special surcharges from freight carriers. This applies, for example, to oversized packages, express shipments or out-of-area surcharges. The contractual partner is obliged to inform himself about any penalties and/or additional charges incurred by the freight forwarder. The contractual partner is obliged to check these regularly to ensure that they are up to date. All penalties and/or additional charges which are not expressly listed in the respective offer in the form of rate sheets and which are invoiced to Scanpak within the scope of the transport organization - such as oversizes, address corrections, island surcharges, fuel surcharges, etc. - shall be passed on to the contractual partner with a handling surcharge of 20% plus statutory VAT. Individual contractual agreements on individual fees or surcharges always take precedence. The same applies to special surcharges and processing fees in the event of incorrect declarations and/or incorrect, incomplete, untimely or non-existent shipment data.Terms of payment
Unless otherwise agreed, Scanpak reserves the right to issue weekly collective invoices in compliance with the applicable VAT legislation. Invoices are generally payable net within 7 days. Scanpak shall provide a corresponding proof of performance at shipment level with of the invoice. The place of performance according to § 3a para. 2 UstG in the transportation of goods is always where the recipient of the service has his place of business.
The amounts invoiced by Scanpak are to be paid by the contractual partner "on first demand". A reduction or non-payment of the invoice due to any objections (claim) of the contractual partner's customers is excluded. If, after completion of the so-called claim check, it later transpires that there are justified objections to the shipments that the contractual partner has accepted for its customers, Scanpak will then issue a corresponding credit note/reimbursement. With regard to the proof of delivery, the official freight carrier documents apply.
If the contractual partner is in default of payment with a claim, all other claims against him may be made due.
The offsetting by the contractual partner with claims against Scanpak or the assertion of rights of retention is excluded, unless the claims are legally established or recognized in writing by Scanpak as justified.
Liability
The contractual partner is declared as a so-called waiver customer. Scanpak does not assume any liability. Scanpak is not responsible for the settlement of claims between the contractual partner and its customers. With this contract, only the rates of Scanpak, which Scanpak in turn has agreed with the freight forwarders plus margin, are passed on. Scanpak does not provide transportation services to the contractual partner or its customers. The contractual partner is responsible for ensuring that all claims for damages from its customers regarding the shipment are received by the freight forwarders. Claims must be made directly by the other party to the carrier in accordance with the applicable terms and conditions. All claims must be made in writing to the carrier as soon as possible, at the latest within seven days of receipt in the event of damage (including partial loss of a consignment) and within 60 days of dispatch of the goods in the event of loss. The contracting party is obliged to inform the carrier of any loss of or damage to goods transported by the carrier under this contract immediately upon discovery and to provide all documents necessary for the settlement of the claim. The other party must defend the carrier/Scanpak against all claims by third parties and indemnify the carrier/Scanpak against such claims arising from the provision of the service by the carrier.
Scanpak's liability is completely excluded if it receives incorrect order data from the contractual partner and this is not noticed during the plausibility checks, which are based on a voluntary basis. In principle, Scanpak is not liable for plausibility checks or their success.
If, within the framework of this contract with Scanpak, shipments are handed over that are excluded from transportation in accordance with this contract, transportation shall be at the sole risk of the contractual partner. Furthermore, the contractual partner shall compensate Scanpak for any damage resulting from violations and shall indemnify Scanpak from any liability towards third parties in this respect.
Scanpak is not liable for incorrectly or incompletely declared shipments or any resulting consequential damages, loss of goods and/or other obligations. The contractual partner is responsible for the correct declaration of shipments for import and export of goods as well as for compliance with the respective customs and tax regulations in the country of dispatch and destination. Scanpak is not liable for packages that have not been properly taxed or cleared in the country of destination.
Furthermore, Scanpak is not responsible for the onward transportation of shipments that have been stopped in transit due to non-compliance with tax or customs regulations.
Scanpak shall not be liable for damage caused by circumstances not attributable to Scanpak. This includes, in particular, damage caused by force majeure (e.g. earthquake, storm, flood, fog, war, aircraft accident, embargo), the nature of the shipment, riots and unrest, acts or omissions of persons who are neither employees nor vicarious agents of Scanpak (in particular customers, recipients, customs officials, etc.), labor disputes, electrical or magnetic damage to or deletion of electronic data or records.
The limitations of liability and the exemptions with regard to direct and indirect damages shall not apply if and to the extent that the damage is attributable to an act or omission committed by Scanpak/cargo deliverer, its legal representatives and vicarious agents with intent or gross negligence or in the knowledge that damage would probably occur.
The indication of the value of the consignment to the freight carrier/Scanpak serves only to check the value limit and for customs purposes and constitutes neither a liability-increasing indication of the value of the consignment nor a declaration of a special interest of the contractual partner in the consignment.
Scanpak is not liable for interruptions or disruptions to the services, the causes of which are not the sole responsibility of the freight supplier. Examples include disruptions to air or land transportation routes (e.g. due to special weather conditions), fire, flood, war, hostilities and public disturbances, acts of government or other authorities and industrial disputes or obligations (whether on the part of "", its agents, subcontractors or third parties).
If the claimant (or a person from whom he derives his right of claim) has caused or contributed to the occurrence of the damage, the liability of Scanpak/carrier may be reduced or waived.
To the extent permitted by law, Scanpak shall not be liable for indirect damages and consequential costs such as purely economic losses, loss of profits, loss of business opportunities or loss of sales as well as expenses for substitute performance.
In all other respects and to the extent prescribed by law, Scanpak shall be liable in accordance with the statutory provisions. The liability is - as far as permissible - limited to the provisions of the ADSp.
Insurance
The contractual partner is obliged to inform himself about the liability limits of the freight carriers. Scanpak will not take out transportation insurance for the contractual partner. The contractual partner must report any insurance claims directly to the freight forwarder or his existing transport insurance.Customs clearance
Unless expressly agreed otherwise, the contractual partner shall be responsible for customs clearance of the shipped goods without exception. In this respect, Scanpak requires the provision of all necessary shipping documents. Scanpak is not obliged to check the correctness of the information provided by the contractual partner; Scanpak is under no circumstances liable for any action or omission on the part of the contractual partner or the customs authorities.
For consignments destined for a third country, the legally required export documents and the import documents required for import into the corresponding third country must be enclosed. Shipments under customs supervision (e.g. T1, T2 shipping documents, TIR Carnet, ATA Carnet, customs warehouse goods, goods from inward processing, etc.) can only be carried out after prior consultation with Scanpak and in compliance with customs and foreign trade regulations. In its function as a fixed-cost forwarder according to § 459 HGB, Scanpak does not assume any customs activities, let alone any customs liability according to Art. 79 Union Customs Code (UCC).
The shipment of goods that are subject to specific trade policy, customs or foreign trade law requirements, as well as spirits and market regulation goods, is only possible after prior consultation with Scanpak and subject to exclusion from transportation. This is due to the fact that Scanpak generally does not guarantee or is responsible for the proper customs clearance and compliance with all customs and foreign trade regulations by the commissioned forwarding agent and/or carrier. The transit time may be extended for customs shipments.
Packaging
Consignments must be securely and properly packed by the contractual partner or shipper in accordance with Section 6 of the ADSp and Section 411 of the German Commercial Code (HGB), depending on the contents, type of shipment and volume, so that packaging-induced damage (normal vibrations, pressure from other goods, hazards of the transhipment conductor, storage, soiling and moisture) during transportation can be ruled out or the contents are protected against loss and damage.
Depending on the selected shipping method, the packaging always consists of appropriate inner packaging, suitable outer packaging, a pallet if necessary and a secure closure.
Outer packaging must be sufficiently strong and pressure-resistant. It must also be sufficiently large to provide space for the entire contents and the necessary inner packaging components. Palletized goods must not protrude. It must not allow any conclusions to be drawn about the type and value of the goods. The consignment must be properly and clearly labeled (indications of hazards, fragility, tendency to damage, etc.). The contractual partner undertakes to inform Scanpak of all special, non-obvious characteristics of the consignment that are likely to have a significant impact on the provision of the service.
Resistant materials, e.g. tear-resistant, self-adhesive plastic packing tapes, tension belts or fiber-reinforced wet adhesive tapes, must be used to seal the parcels, which in turn guarantee that the consignment is held together.
If any transport damage - in accordance with § 427 HGB (German Commercial Code) - is due to inadequate packaging and/or other negligence on the part of the contractual partner or shipper, Scanpak shall be completely exempt from statutory liability.
Data protection
The parties undertake to comply with their respective data protection obligations as required by data protection laws. The contracting party must obtain from each customer all authorizations, permissions and consents required under data protection laws to enable the contracting party to process the customer's personal data and to enable Scanpak to process the customer's personal data for the purposes of this agreement.
With regard to the personal data processed by the contractual partner, the contractual partner shall comply with its published data protection declarations and ensure at least the following:
The contractual partner must treat personal data as strictly confidential and may not disclose any personal data to third parties without appropriate contractual safeguards;
The Contractual Partner shall establish, maintain and comply with a written information security program that includes administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of personal data and to protect against threats or hazards to the integrity and security, unauthorized or accidental destruction, loss, alteration or unauthorized use of and access to personal data ("Data Security Measures");
The Contractual Partner must ensure that its data protection security measures meet or exceed the requirements of applicable law (including, but not limited to, applicable data protection laws);
The contractual partner must maintain appropriate access controls, including but not limited to restricting access to personal data to the minimum number of persons who require such access and to the minimum necessary, while providing these persons with appropriate data protection training;
The contractual partner must review, evaluate and revise its data protection security measures at regular intervals in accordance with the applicable industry standards.
Scanpak processes the personal data of Customers received in connection with this Agreement, including the name and address of the Customer or the recipient of the shipment, for the purposes related to the performance of this Agreement and in accordance with Scanpak's Privacy Policy.
The statutory provisions on data protection apply without restriction.
Duty of confidentiality
Both contracting parties shall treat the content of this contract and its annexes confidentially. The contractual partner shall safeguard business and trade secrets of Scanpak, which have been entrusted to him or have become known to him as such during his activity for Scanpak, even after termination of the contract.
Documents relating to secret business transactions entrusted to the contractual partner must be returned to Scanpak immediately after their use in accordance with the order, but at the latest upon termination of the contractual relationship. This obligation to return also extends to the customer file kept by the contractual partner during the term of this contract.
The contractual partner must ensure that the aforementioned confidentiality obligations are also observed by its employees, sub-agents or other auxiliary persons.
Contract term
Contracts with Scanpak are generally concluded for an indefinite period, unless expressly agreed otherwise. Unless otherwise agreed, they can be terminated by either party with a notice period of 2 months to the end of the month.Final provisions
This agreement, together with the appendix, represents the complete agreement between the contracting parties. Amendments and additions to this agreement must be made in writing to be effective. This also applies to any waiver of the written form requirement.
The other party may not assign, encumber, pledge or otherwise transfer or attempt or appear to do so the rights and obligations under the contract without Scanpak's prior written consent, and Scanpak may not arbitrarily withhold or delay its consent.
This contract and all contractual and non-contractual obligations arising out of or in connection with this contract and its performance, including any disputes concerning its validity, shall be governed by German law to the exclusion of private international law.
The contracting parties agree that the courts at Scanpak's registered office shall have exclusive jurisdiction for all disputes arising out of or in connection with this contract, provided that the requirements of § 38 ZPO are met. However, Scanpak is entitled to appeal to any other competent court.
In the event of differences or discrepancies between different language versions, only the German language version shall be binding and authoritative. Unless otherwise agreed, the German language version shall always be binding.
In the event of the invalidity of one or more provisions of this contract, the parties shall agree a replacement provision that comes as close as possible to the invalid provision. The invalidity of one or more provisions of this contract shall not affect the validity of the remaining provisions. An invalid provision shall automatically be replaced by a valid provision that comes closest to the economic purpose of this agreement.
Scanpak GmbH
Werkstr. 4- D - 24955 Harrislee
Phone: +4915229034079
E-Mail: info@scanpak.de
These T&Cs have the current status as of April 2025.
