General Terms and Conditions
Our Terms and Conditions
The following General Terms and Conditions apply to all services we provide on your behalf, unless a different agreement has been concluded with you and signed by an authorised representative of MKB GMLogistics & Freight GmbH.
1. Scope of Application
These General Terms and Conditions (GTC) apply to all services provided by MKB GMLogistics & Freight GmbH, Hosnedlgasse 8, 1220 Vienna (hereinafter referred to as "GMLogistics"), to its customers (hereinafter referred to as "Customers"), unless expressly agreed otherwise in writing. Deviating terms and conditions of the Customer shall only be recognised if GMLogistics has expressly consented to their applicability in writing.
2. Conclusion of Contract
The presentation of products and services by GMLogistics does not constitute a legally binding offer, but rather an invitation to the Customer to submit an offer. A contract is only concluded upon written order confirmation from GMLogistics.
3. Services of GMLogistics
GMLogistics reserves the right to change or remove prices, services or service descriptions without prior notice, as well as to add new prices, services or service descriptions. Errors and omissions excepted.
GMLogistics is entitled to perform services itself or through third parties, in particular transport companies. The selection and commissioning of such third parties is at the sole discretion of GMLogistics. GMLogistics shall decide, at its own discretion, on the packaging and shipping of consignments, including any division of consignments and the choice of transport companies used.
Insofar as and to the extent that GMLogistics is liable for the services of a commissioned partner company, such liability shall be limited to the extent of the respective partner company's liability towards GMLogistics. The Customer is entitled to cancel orders that have already been transmitted. Services already rendered in connection with these orders will be invoiced to the Customer by GMLogistics.
GMLogistics reserves the right to decline or terminate cooperation with a Customer at any time. The acceptance of individual orders is also at the discretion of GMLogistics.
4. Shipping and Shipping Labels
For cross-border shipments, GMLogistics uses the information provided by the Customer, in particular product names, prices, weights and quantities. This information is transmitted to the systems of the respective transport companies for customs clearance. GMLogistics assumes no liability for the accuracy or completeness of the information provided by the Customer.
Shipping labels created by the Customer are subject to charge from the time of their creation. In the event of a cancellation by the Customer, GMLogistics will make reasonable efforts to cancel shipping labels that have already been created. If successfully cancelled, the costs for the respective shipping label will be credited or refunded to the Customer.
5. Excluded Shipments
Goods that may not be transported due to transport or postal agreements, regulations of international air transport organisations or other relevant associations, as well as goods that cannot be safely transported in the opinion of GMLogistics or whose transport is prohibited in the country of origin, destination or transit, are excluded from carriage. The Customer is responsible for ensuring that no prohibited or excluded goods are handed over to GMLogistics. In the event of a breach, the Customer shall indemnify GMLogistics against all resulting damages, costs and third-party claims.
6. Goods Subject to Customs Duty
Without prior written agreement, no shipments may be handed over for carriage whose contents are subject to import tax or customs duties, or require customs clearance. The Customer is obliged to provide GMLogistics with complete and truthful information regarding the contents of the shipment.
Should the Customer fail to do so, they shall bear all resulting costs and disadvantages. If necessary, GMLogistics will contact the Customer to clarify the further procedure for goods subject to customs duties. GMLogistics reserves the right to handle goods subject to customs duties at its own discretion, insofar as this is necessary or appropriate for the optimisation of operational processes and costs.
7. Opening of Shipments for Inspection Purposes
GMLogistics is entitled to open shipments to inspect whether they contain goods subject to customs duties or prohibited items, or to verify the type, contents or value of the declared goods. The Customer shall indemnify GMLogistics against all third-party claims and compensate GMLogistics for any losses, costs or damages resulting from such opening of the shipment.
8. Prices and Terms of Payment
All prices are net prices plus the applicable statutory value-added tax. Monthly invoices are issued in arrears. The payment period is 10 days net, unless otherwise stated on the respective invoice. Payments by the Customer must be made free of bank charges and deductions. By making unconditional payment, the Customer confirms the accuracy of the invoice. Objections raised at a later date will not be considered.
Independence of the Payment Obligation:
The Customer's obligation to pay exists independently of any claims, delays or complaints from their own customers or other third parties. In particular, the Customer is not entitled to withhold or refuse payments because their own customer has left a negative review, a delivery arrived late, or a dispute exists between the Customer and a third party.No Right of Retention Due to External Circumstances:
Delays or disruptions outside the control of GMLogistics – including, but not limited to, delivery delays by third parties, negative reviews or contractual disruptions between the Customer and their own customers – do not entitle the Customer to withhold or refuse outstanding payments.Default of Payment:
If a Customer fails to settle an invoice on time, GMLogistics reserves the right to charge default interest at a rate of 1% per month and to take further legal action.
9. Undelivered Goods
If a shipment or any goods contained therein cannot be delivered for any reason, GMLogistics is entitled to open the shipment and return it to the Customer at the Customer's expense. GMLogistics reserves the right to dispose of, sell or destroy undeliverable shipments at its own discretion, provided that a return is not possible or not economically viable.
10. Postal Regulations
Under the postal regulations applicable in individual countries, postal service providers may impose surcharges, return shipments or refuse delivery. This may be the case, for example, if the sender posts a shipment with a postal service provider abroad but is itself resident in the destination country. This practice is known as A-B-A remailing.
Similarly, this may occur if the sender dispatches a shipment for delivery in a third country using the services of a postal service provider that is neither the postal service provider of the country where the sender is based, nor that of the destination country. This practice is known as A-B-C remailing.
If shipments are subject to surcharges, are not delivered, are returned or are destroyed due to applicable postal regulations, the Customer, as the sender, shall bear all resulting consequences and costs, and shall fully indemnify and hold GMLogistics harmless in this regard. The Customer is also obliged to provide GMLogistics with reasonable assistance in defending or contesting related claims upon request.
Shipments that violate applicable postal regulations may be rejected, subject to surcharges, returned or destroyed. The Customer shall be liable for all resulting costs and shall indemnify GMLogistics against all resulting third-party claims.
11. Fulfillment and Warehousing
Within the scope of agreed fulfilment services, GMLogistics offers the storage, management, picking and dispatch of the Customer's goods.
The Customer is obliged to provide GMLogistics with truthful and complete information regarding the handed-over goods, in particular regarding quantity, condition, value, shelf life and any specific storage or transport requirements. GMLogistics assumes no liability for the accuracy of this information.
GMLogistics shall decide at its own discretion on the type of storage and the warehouse space, systems and materials used, unless expressly agreed otherwise in writing.
Storage fees are based on the currently applicable price list or individual offer and, unless otherwise agreed, are invoiced monthly. GMLogistics reserves the right to adjust storage fees upon reasonable prior notice.
The Customer is responsible for arranging adequate insurance coverage for the stored goods, unless a deviating written agreement has been made between the parties.
To the extent permitted by law, the liability of GMLogistics for loss, damage or spoilage of stored goods is limited to intent and gross negligence; Section 12 (Liability) of these GTC shall apply accordingly, including the maximum liability limit specified therein. The Customer may request the removal of their goods, subject to a notice period. GMLogistics is entitled to secure outstanding claims by exercising a right of retention over the Customer's stored goods, to the extent permitted by law.
If the contractual relationship is terminated, the Customer is obliged to collect their goods stored with GMLogistics within a specified period or to arrange for their onward shipment. Goods not collected in due time may, after prior written notice, be stored, returned or disposed of by GMLogistics at the Customer's expense.
12. Liability and Warranty
The Customer is obliged to inspect a received shipment immediately upon receipt for externally visible damage and, if necessary, to submit a corresponding damage report to the respective supplier or delivery service without delay.
If the Customer fails to carry out the required inspection and/or report the damage, the delivery shall be deemed approved. To the extent permitted by law, no further warranty or damage claims shall exist against GMLogistics in this case.
If a defect is not immediately recognisable upon careful inspection, the Customer must notify GMLogistics immediately upon discovery. Otherwise, the aforementioned consequences shall apply. In any event, the delivery shall be deemed approved at the latest two weeks after receipt. After expiry of this period, claims arising from warranty or damages are excluded to the extent permitted by law.
In the event of a warranty claim, the Customer shall initially only be entitled to rectification of the defect or completion of the missing service, or – at the option of GMLogistics – to a replacement delivery. The Customer shall only be entitled to a price reduction, exchange or rescission of the contract after two failed attempts at rectification, provided that GMLogistics has been granted a reasonable grace period for rectification in each case.
To the extent permitted by law, any liability of GMLogistics for damages suffered by the Customer is excluded, unless caused by intent or gross negligence.
In cases of intent or gross negligence, any liability for damages of GMLogistics shall be limited to a maximum amount of EUR 1,000.00 and in any event to the current market value of the affected goods, insofar as such a limitation of liability is legally permissible.
Liability for employees, vicarious agents and other persons employed by GMLogistics is likewise excluded or limited to the maximum extent permitted by law.
GMLogistics shall, at the Customer's request, assign any claims that GMLogistics may have against commissioned companies due to damage, loss or delay of a shipment to the Customer.
GMLogistics will support the Customer to a reasonable extent in enforcing such claims, but does not assume any associated costs. Insofar as materials of any kind, in particular data or information, are provided by the Customer, the Customer shall be liable for their proper quality and suitability for the intended purpose, particularly their suitability for shipping and transport.
The Customer is also responsible for ensuring that the materials provided do not constitute dangerous goods or hazardous materials within the meaning of the applicable national and international postal, transport or dangerous goods regulations.
The obligation to inspect and notify defects pursuant to § 1168a ABGB (Austrian Civil Code) is expressly excluded for such materials provided by the Customer. If materials to be provided by the Customer are not transmitted at the agreed time or at the time resulting from the nature of the order or the agreed performance date, the liability of GMLogistics for the consequences resulting from this delay is, to the extent permitted by law, excluded.
If third parties assert claims against GMLogistics due to such a delay, the Customer is obliged to fully indemnify and hold GMLogistics harmless in this regard.
The Customer is further obliged to verify whether the materials and intangible content provided by them, in particular texts, photographs, graphics or other works, infringe the rights of third parties, and, if necessary, to obtain the consent of the respective right holders.
The Customer shall be liable to GMLogistics for all damages incurred by GMLogistics as a result of an infringement of third-party rights, including loss of profits and consequential damages, and agrees to fully indemnify and hold GMLogistics harmless in this regard.
13. Applicable Law and Jurisdiction
Austrian law shall apply exclusively. To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising from or in connection with the business relationship shall be Vienna.
As of: August 2026