General Terms and Conditions
Our Terms and Conditions
The following General Terms and Conditions apply to all services provided by us on your behalf, unless a divergent agreement has been entered into 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. Divergent terms and conditions of the Customer shall only be recognised if GMLogistics has expressly consented to their validity 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 Provided by GMLogistics
GMLogistics reserves the right to amend 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 directly or through third parties, in particular transport companies. The selection and commissioning of such third parties shall be at the discretion of GMLogistics. GMLogistics shall decide at its sole discretion on the packaging and dispatch of consignments, including any split shipments and the selection of the transport companies employed.
If and to the extent that GMLogistics is liable for the services of a commissioned partner company, this liability shall be limited to the scope of liability of the respective partner company towards GMLogistics. The Customer is entitled to cancel orders that have already been submitted. Any services already rendered in connection with these orders will be invoiced to the Customer by GMLogistics.
GMLogistics reserves the right to reject or terminate cooperation with a Customer at any time. The acceptance of individual orders also remains at the discretion of GMLogistics.
4. Dispatch and Shipping Labels
For cross-border consignments, GMLogistics relies on the information provided by the Customer, including product names, prices, weights, and quantities. This information is transmitted to the systems of the respective transport companies for customs clearance. GMLogistics accepts no liability for the accuracy or completeness of the details provided by the Customer.
Shipping labels generated by the Customer are subject to a fee from the moment of generation. In the event of a cancellation by the Customer, GMLogistics will make reasonable endeavours to cancel any generated shipping labels. Upon successful cancellation, the costs for the respective shipping label will be credited or refunded to the Customer.
5. Excluded Consignments
Excluded from carriage are goods that may not be transported under transport or postal conventions, regulations of international civil aviation organisations, or other relevant associations, as well as goods that, in the discretion of GMLogistics, cannot be transported safely or whose carriage is prohibited in the country of origin, transit, or destination. 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 and hold GMLogistics harmless from any resulting damages, costs, and third-party claims.
6. Dutiable Goods
Consignments containing goods that are subject to import duty or customs clearance must not be handed over for transport without prior written agreement. The Customer is obliged to provide GMLogistics with full and accurate information regarding the contents of the consignment.
Should the Customer fail to do so, they shall bear all resulting costs and disadvantages. Where necessary, GMLogistics will contact the Customer to clarify the procedure for dutiable goods. GMLogistics reserves the right to handle dutiable goods at its own discretion, provided this is necessary or appropriate to optimise operational processes and costs.
7. Opening of Consignments for Inspection Purposes
GMLogistics is entitled to open consignments to verify whether they contain dutiable or prohibited goods, or to check the nature, content, or value of the declared goods. The Customer shall indemnify GMLogistics against all third-party claims and reimburse GMLogistics for any losses, costs, or damages arising from such inspection.
8. Prices and Terms of Payment
All prices are net prices and subject to applicable statutory value added tax. Monthly invoices are issued retrospectively. The payment term is 10 days net, unless stated otherwise on the respective invoice. Payments by the Customer must be made free of expenses and deductions. By making payment without reservation, the Customer confirms the accuracy of the invoice. Objections raised at a later date will not be considered.
Independence of Payment Obligation:
The Customer's obligation to pay exists independently of any claims, delays, or complaints raised by their own customers or any other third parties. In particular, the Customer is not entitled to withhold or refuse payment because one of their own customers has submitted 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 beyond the control of GMLogistics—including, but not limited to, delivery delays caused by third parties, negative reviews, or contractual disputes between the Customer and their own customers—do not entitle the Customer to withhold or refuse due 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. Undeliverable Goods
If a consignment or any item contained therein cannot be delivered for any reason, GMLogistics is entitled to open the consignment and return it to the Customer at the Customer's expense. GMLogistics reserves the right to utilise, dispose of, or destroy undeliverable consignments at its discretion, provided that a return is not possible or economically viable.
10. Postal Regulations
Under postal regulations in certain countries, postal service providers may apply surcharges to consignments, return them, or refuse delivery. This may occur, for instance, where the sender posts a consignment with a postal service provider abroad whilst being established in the destination country. This practice is referred to as A-B-A remailing.
Similarly, this may occur where the sender posts a consignment for delivery in a third country using the services of a postal service provider that is neither the provider of the country in which the sender is established nor that of the destination country. This practice is referred to as A-B-C remailing.
If consignments are subject to surcharges, cannot be 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 reasonable assistance to GMLogistics upon request in defending against or contesting related claims.
Consignments that violate applicable postal regulations may be rejected, surcharged, returned, or destroyed. The Customer shall be liable for all resulting costs and shall indemnify GMLogistics from all third-party claims arising therefrom.
11. Fulfilment and Warehousing
As part of agreed fulfilment services, GMLogistics provides storage, inventory management, picking, and dispatch of the Customer's goods.
The Customer is obliged to provide GMLogistics with truthful and complete details regarding the goods handed over, particularly concerning quantity, nature, value, shelf life, and any special storage or transport requirements. GMLogistics assumes no liability for the accuracy of these details.
GMLogistics shall determine the method of storage as well as the storage areas, systems, and materials used at its own discretion, unless expressly agreed otherwise in writing.
Storage fees are based on the valid price list or individual quotation and are invoiced on a monthly basis unless agreed otherwise. GMLogistics reserves the right to adjust storage fees upon reasonable prior notice.
The Customer is responsible for procuring adequate insurance for the stored goods, unless a divergent 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 applies accordingly, including the maximum liability limit specified therein. The Customer may request the retrieval and outbound dispatch of their goods subject to notice. GMLogistics is entitled to secure outstanding claims by exercising a lien over the Customer's stored goods, to the extent permitted by law.
Upon termination of the contractual relationship, the Customer is obliged to collect their goods stored with GMLogistics or arrange for their onward dispatch within a specified period. 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. Transport Conditions
You undertake to carry out all transport of foodstuffs, cosmetics, and personal care products in full compliance with all applicable statutory regulations and the client's specifications. You warrant that you hold a valid GFSI-recognised certification (specifically IFS Logistics, BRCGS Storage and Distribution, or FSSC 22000) or equivalent documented systems, ensuring in particular that you comply with the following specifications of the IFS Logistics standard as amended from time to time:
Transport units and the transport vehicle must be clean and protected against tampering (Food Defence).
The service provider ensures that product temperature is monitored and reported to the client without delay.
Different products / goods must be clearly segregated. In particular, co-loading with dangerous goods / ADR is not permitted.
Odours or other contamination (4.3.1), especially from prior loads or dangerous goods / ADR, must not be present.
Requirement 4.1.4 is met.
Requirement 5.4 is met.
Requirement 5.7 is met.
Further subcontractors may only be commissioned or engaged with prior consent from the client and subject to a written commitment to comply with the requirements herein.
You undertake to provide us with all records relating to these requirements within three hours upon request.
You are liable for compliance with all of these requirements to the extent permitted by law and shall fully indemnify and hold us harmless in this respect.
By accepting the transport order, you confirm awareness of and adherence to the stated requirements.
13. Liability and Warranty
The Customer is obliged to inspect any received consignment immediately upon receipt for externally visible damage and, if applicable, lodge a damage report with 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 compensation claims may be asserted against GMLogistics in such cases.
If a defect is not immediately discernible upon careful inspection, the Customer must inform GMLogistics without delay once the defect becomes apparent. Otherwise, the aforementioned consequences shall apply. In any event, the delivery shall be deemed approved two weeks after receipt at the latest. After this period has elapsed, any warranty or compensation claims are excluded to the extent permitted by law.
In the event of a warranty claim, the Customer is initially only entitled to rectification or subsequent performance of an incomplete service or—at the choice of GMLogistics—replacement delivery. A price reduction, replacement, or cancellation of the contract can only be demanded if two attempts at rectification have failed, provided that GMLogistics was granted a reasonable grace period for rectification in each case.
The liability of GMLogistics for damage incurred by the Customer is excluded to the extent permitted by law, unless caused intentionally or by gross negligence.
In cases of intent or gross negligence, any liability of GMLogistics to pay compensation shall be capped at EUR 1,000.00 and, in any event, limited to the current fair market value of the affected goods, to the extent such limitation of liability is permitted by law.
Liability for employees, vicarious agents, and other persons engaged by GMLogistics is likewise excluded or limited to the maximum extent permitted by law.
Any claims to which GMLogistics may be entitled against commissioned carriers or subcontractors due to damage, loss, or delay of a consignment shall be assigned by GMLogistics to the Customer upon request.
GMLogistics will reasonably assist the Customer in asserting such claims, but shall not bear any associated costs. Where materials of any kind, particularly data or information, are provided by the Customer, the Customer shall be liable for their appropriate quality and fitness for the intended purpose, particularly regarding their suitability for dispatch and transport.
The Customer is also responsible for ensuring that the materials provided do not constitute dangerous goods or hazardous substances within the meaning of applicable national and international postal, transport, or dangerous goods regulations.
The duty to inspect and notify defects pursuant to Section 1168a of the Austrian General Civil Code (ABGB) is expressly excluded for such materials provided by the Customer. If materials to be provided by the Customer are not delivered by the agreed date or by the date dictated by the nature of the order or the agreed performance deadline, any liability of GMLogistics for consequences resulting from such delay is excluded to the extent permitted by law.
If third parties assert claims against GMLogistics due to such a delay, the Customer shall be obliged to fully indemnify and hold GMLogistics harmless in this regard.
The Customer is further obliged to verify whether any materials and non-physical content provided by them, in particular texts, photographs, graphics, or other works, infringe third-party rights, and to obtain the consent of the respective rights holders where necessary.
The Customer shall be liable to GMLogistics for any losses incurred by GMLogistics as a result of an infringement of third-party rights, including loss of profit and consequential damages, and undertakes to fully indemnify and hold GMLogistics harmless in this regard.
14. Applicable Law and Place of Jurisdiction
Austrian law shall apply exclusively. The exclusive place of jurisdiction for all disputes arising out of or in connection with the business relationship shall, to the extent permitted by law, be Vienna.
Status: August 2026