These Terms apply to B2B freight, warehousing, handling, customs-coordination and delivery services provided under the China Fracht brand.
1. Scope
These Terms apply to all quotations, contracts and services provided under the China Fracht brand by Tiefblaues Meer UG (haftungsbeschränkt) to businesses within the meaning of Section 14 BGB, legal entities under public law and special funds under public law. Consumers within the meaning of Section 13 BGB are not addressed.
Deviating or supplementary terms of the customer become part of the contract only if we expressly agree to them in text form.
2. Logistics services
China Fracht supports customers with factory pickup, China warehousing, supplier consolidation, agreed inspection and preparation steps, coordination of sea, air, rail and road freight, export and import documentation interfaces, customs-clearance coordination and delivery. The binding scope follows the individual quotation, service description or written agreement.
Unless expressly agreed otherwise, we provide professional coordination services but do not guarantee a particular freight rate, transit time, customs outcome or commercial result. Carriers, warehouses, inspection bodies, customs agents and other third parties may perform individual parts of the supply chain.
3. Contract formation
Our quotations are non-binding unless expressly designated as binding. A contract is formed when our quotation is accepted, when we issue a written order confirmation or when performance begins.
4. Customer cooperation
The customer must provide complete and accurate cargo descriptions, quantities, weights, dimensions, values, addresses, deadlines, dangerous-goods information, product data, tariff information and required approvals in good time. Delays and additional costs caused by missing or incorrect information are borne by the customer.
5. Warehousing, handling and inspections
Receiving, counting, visual checks, photos, repacking, labelling, palletising and quality checks are performed only to the agreed scope. Spot checks and operational inspections do not replace a customer’s final inspection, laboratory test, certification, product-safety assessment or legal import review.
6. Prices and payment
Prices are net plus statutory VAT where applicable. Freight, fuel and security surcharges, customs duties, import VAT, storage, demurrage, detention, inspections, special handling, insurance and third-party fees are charged separately unless expressly included in the quotation.
Invoices are due without deduction within 14 days of the invoice date. Set-off is permitted only with undisputed or legally established claims.
7. Dates and transit times
Dates and transit times are binding only when expressly confirmed as binding. Delays caused by manufacturers, carriers, terminals, authorities, customs, force majeure, capacity restrictions or missing customer cooperation are outside our responsibility unless mandatory law provides otherwise.
8. Import, customs and compliance
The customer remains responsible for importability, product safety, labelling, approvals, intellectual-property rights, technical standards and marketability unless a separate review is expressly agreed. The importer of record, EORI, tariff classification, customs value and tax treatment must be defined for each shipment.
9. Confidentiality
Both parties treat the other party’s confidential information as confidential and use it only for contract performance. This does not apply to publicly known information, information lawfully received from third parties or disclosures required by law.
10. Rights of use
Reports, photographs, check records and documentation may be used by the customer for the contractual purpose. Transfer to third parties or broader use is permitted only where agreed or required for project execution.
11. Liability
We are liable without limitation for intent, gross negligence, injury to life, body or health and under mandatory statutory provisions. In cases of ordinary negligence, we are liable only for breach of material contractual obligations; liability is then limited to the foreseeable loss typical for the contract.
12. Term and termination
Project contracts end when the agreed services are completed. The right to terminate for cause remains unaffected. Services already performed and costs already incurred must be paid if a contract is terminated.
13. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for merchants, legal entities under public law and special funds under public law is the registered office of the company where legally permissible. If an individual provision is ineffective, the remaining provisions remain effective.