Xpress Cargo

1. Scope and Legal Basis

(1) These terms and conditions apply to all contracts of Xpress Cargo Services, Hänfling Str 7-9, 45472, Mülheim an der Ruhr.

(2) These are the mandatory statutory provisions that govern individual agreements with Xpress Cargo Services.

(3) The following terms and conditions apply to all transactions and contracts with Xpress Cargo Services.

(4) They are in accordance with the Allgemeinen Deutschen Spediteursbedingungen (ADSp) and all the rules and amendments under section 407 HGB in relation to the contract of carriage.

2. Services of Xpress Cargo Services

(1) Xpress Cargo Services assumes the implementation of transportation services for private and corporate clients.

(2) Xpress Cargo is not a forwarding company and therefore doesn't have the ability to completely ensure a specific delivery date. All dates given by Xpress Cargo are estimated delivery dates.

(3) If goods are delivered to Xpress Cargo Warehouses to be shipped without explanation to Xpress Cargo or an agreement to be shipped, the customer must collect the goods within 30 days. Refusal to do so within the aforementioned time means Xpress Cargo may dispose of these goods and the cost of disposal remitted from the Customer. Xpress Cargo is not a warehousing facility.

3. Conclusion of contract

(1) For a contract with Xpress Cargo to be an effective binding contract the customer's order must be accepted and notice of this given by Xpress Cargo.

(2) Communications between Xpress Cargo and the Customer are in written form either by mail, fax, or email.

(3) The fees paid by the customer for services rendered result from the single order issued by Xpress Cargo.

4. Right of withdrawal

(1) The customer may cancel the contract within 14 days in writing (i.e. Letter, fax, email). This must be sent to Xpress Cargo Services, Hänfling Str 7-9, 45472, Mülheim an der Ruhr.

5. Forbidden goods and other exclusions

(1) The prohibited goods listed below may not be included in any of the goods to be shipped by Xpress Cargo:

• Perishable items, money, precious metals in bullion form, expensive works of art.
• Temperature controlled goods.
• Fire arms as defined in §1 of the Waffengesetz and dangerous goods as defined in the Dangerous Goods Act (Gefahrgutverordnung).
• Shipments containing live animals, animal carcasses, body parts or human remains of any sort.
• Items whose content or outward appearance have been subject to an official ban or require special facilities, safety precautions or permits.
• Items whose contents or outward appearance may injure or infect people or cause damage to property.
• Any shipment of oil, petrol, gasoline or lubricants.

(2) Goods of exceptional value.

6. Customer's Responsibilities

(1) When packaging goods to be shipped, the customer has to make sure that the goods correspond with the classes of goods that are allowed to be shipped. The Customer must include a packing list that details the goods that have been packaged with the price.

(2) The Customer must ensure that any relevant addresses, marks, numbers, and symbols for proper handling must be made visible.

(3) The Customer is responsible for ensuring appropriate and safe packaging to prevent damage to the goods as well as damage to other goods.

(4) Where a consignment has not met the above provisions Xpress Cargo Services may refuse acceptance of the item and return or hold the item for the customer to pick up.

7. Execution of transportation and other interferences

(1) Xpress Cargo is only obliged to check the goods for obvious damage. Then damage must be recorded on the receipt. The Customer should notify the receiver of the goods of this damage if it has been directly sent by the customer to the receiver.

(2) If the goods are not picked up upon reaching its final destination: After seven days of arrival, each additional day would attract a charge of GHC 20.00 (Twenty Ghana Cedis). After a period of 90 days, Xpress Cargo reserves the right to dispose of the said goods. Any further charges sustained as a result of the disposal of the items would be remitted to the customer.

(3) Upon delivery of the goods the recipient or person(s) who are authorized to accept the goods must produce identification as well as the afore given code number.

8. Replacement of goods

(1) In case of damaged goods, Xpress Cargo Services will pay to the highest value of 200 Euro only (Two Hundred Euros Only).

a) In case of loss of the shipped goods: In case of loss of goods, Xpress Cargo will pay the agreed upon purchase price. In all other cases of loss, Xpress Cargo will pay compensation in the amount of the market value. The compensation shall be the net amount of the value of the good excluding taxes.

(2) To be eligible for compensation the Customer must produce a receipt of purchase. This must correspond with the price on the packing list hitherto provided by the customer. The Customer must also report externally visible damage latest upon receipt of the goods delivered or concealed/non-visible damage within 7 days of delivery.

(3) Xpress Cargo Services is not liable for any loss or damage as a result of insufficient packaging or improper labeling of goods. Neither is it responsible for any loss, damage or seizure of goods that contravene the laws of the country to which it is shipped to or if the goods are not in the right classified of goods that can be shipped by Xpress Cargo as per our terms and conditions in paragraph 5.

(4) Xpress Cargo is liable only for direct damages so therefore indirect damage such as loss of profit is excluded.

(5) Claims are restricted only to the principal contractor of Xpress Cargo Services providing they can also provide the receipt issued by Xpress Cargo Services.

9. General provisions

(1) The contractual relationship between the customer and Xpress Cargo is regulated by the law of the Federal Republic of Germany.

Xpress Cargo Services | Hänfling Str 7-9, 45472 Mülheim | Tel: +49 208 302 4847 | www.xpresscargo.de