General offer conditions for sea freight transport
The following contract conditions apply to all individual contracts to be concluded by Overseas Projects GmbH with the customer for the provision of sea freight transport and all related services.
Overseas Projects GmbH is not obliged to conclude individual contracts.
A contract for the provision of transport services is only concluded with written confirmation from Overseas Projects GmbH.
If a contract is concluded, the following contract conditions apply:
- An individual contract concluded with respect to this offer is subject exclusively to the terms set forth herein. The customer's general terms and conditions are expressly not applicable as part of the contract, even if they have not been expressly contradicted.
- Unless mandatory legal regulations prevail, Overseas Projects GmbH works exclusively in accordance with the General German Freight Forwarder Terms (ADSp) in their current version. These conditions are applied in addition to the general offer conditions set out here. The full text of the ADSp is available via the following link:
- ADSp in German
- ADSp in English
- The offer from Overseas Projects GmbH is intended exclusively for the customer to whom it was addressed and shipped. It must always be kept confidential and may not be made available to third parties without the express consent of Overseas Projects GmbH. The offer loses its validity unless written acceptance is made within 14 days from the date of preparation.
- Acceptance of this offer requires that the traffic routes are navigable without hindrance, that the necessary cargo space and the corresponding equipment are available, and that the shipment has been booked by Overseas Projects GmbH.
- It is agreed that the approximate delivery periods (ETS/ETA) and terms specified in the offer are based on information provided by shipping companies/carriers and are not considered as fixed deadlines/terms. Orally or in writing as part of order processing
The dates mentioned above are not regarded as agreed fixed dates, unless Overseas Projects GmbH has expressly confirmed the agreement of a fixed date in writing.
- In the case of valuable or theft-prone goods in accordance with Sections 1.3, 1.17 ADSp, the client is obliged to inform the freight forwarder in writing of the type and value of the goods and the associated risk. This information enables Overseas Projects GmbH to decide whether to accept the order or to take appropriate measures to process the order securely and without claims.
- The client is obliged to inform the freight forwarder in text form if the content of a container exceeds the value of USD 200,000. The client is liable for any omitted or incorrect value and must indemnify the freight forwarder from any claims made by third parties.
According to Section 21 ADSp, insurance for the property is not included. Overseas Projects GmbH insures the property when commissioned or in accordance with Section 21.2 ADSp.
- Unless otherwise agreed, all transport costs are exclusive of export clearance (ATLAS procedure), duties and taxes. Export processing can be offered by Overseas Projects GmbH upon request.
- Customs tariff information provided by our employees is generally non-binding and subject to change. The client or a representative appointed by him is obliged to verify the accuracy of the customs tariff numbers.
- The offer remains valid only under the condition that freight payment is made in Germany and Overseas Projects GmbH is entrusted with the order.
- Offers and invoices for services are made exclusively in EURO, unless otherwise expressly agreed. If one conversion to another
Currency is required, this will be carried out for shipping on the basis of the exchange rate valid on the day of loading onto the seagoing vessel by Overseas Projects GmbH, which is available at https://www.ols.de/schiffskurse/ can be found.
- The client assures that the import, export and re-export/re-export of goods and/or the provision of related services are in accordance with the applicable economic, trade or financial sanctions and embargoes imposed by the European Union or the Federal Republic of Germany. The same applies to economic, trade or financial sanctions and embargoes imposed by the United States of America, provided that there is no conflicting legislation of the European Union or the Federal Republic of Germany.
It is the client's responsibility to ensure that his goods comply with export control regulations. He will obtain all necessary licenses, approvals, permits and/or exemptions and provide Overseas Projects GmbH with all necessary information before providing the service.
In the case of import customs, domestic transport costs are subject to the VAT Act and must be declared for free movement as part of the assessment base of import sales tax in the customs declaration.
If this is not to be shown as taxable on the freight bill, Overseas Logistik Service GmbH must be notified in writing that the domestic transport costs have already been taken into account by the client in the customs declaration.
- Should one or more provisions of this document be void or unenforceable, the remaining provisions shall remain valid. The same applies in the event of a regulatory gap.
- Amendments or additions to this contract must be made in writing. This also applies in the event of a possible waiver of the written form requirement. No additional oral agreements were made.
- The exclusive place of jurisdiction is the headquarters of Overseas Projects GmbH in Germany. This provision applies on the condition that mandatory international law does not require any additional places of jurisdiction. The law applicable to this contract is German law.
Specific provisions for maritime transport
If empty containers are provided for loading in accordance with the order (“shipper's load, stowage and count”), it is the client's responsibility to check them immediately upon delivery for external integrity and suitability for loading, in particular with regard to possible odour contamination. Any complaints must be reported immediately in writing or electronically to Overseas Projects GmbH. If such a report is omitted, Overseas Projects GmbH is not liable for possible cargo damage that occurs as a result of such defects in the container after or during loading.
Unless otherwise agreed, the client is obliged to report the required VGM (Verified Gross Mass = “confirmed gross mass”) of the loaded container or the individual shipment to be transported in accordance with SOLAS regulations and IMO guidelines (in particular MSC.1/Circular 1475) or to ensure that this obligation is fulfilled by a third party.
Overseas Porjects GmbH expressly points out that the container or individual shipment can be excluded from transportation unless the required information is provided in good time. The costs arising from the exclusion are borne by the client.
For individual contracts concluded on the basis of this offer, these conditions apply exclusively. The customer's general terms and conditions do not become part of the contract, even if they are not expressly contradicted.
- In the case of sea freight transport, a freight charge of at least 1,000 kg per cubic meter (cbm) is used.
- If additional surcharges, costs and/or public charges are charged by the shipping company or other third parties up to the time of shipment (B/L date) or during transport, these will be charged to the client by Overseas Projects GmbH in addition in accordance with the actual expenses/expenses. The same applies to surcharges, costs and/or public charges charged by the shipping company or other third parties in connection with the transport after completion of the transport. Such surcharges, costs and/or public charges include in particular the following items:
- Flood/low tide surcharges
- Demurrage/Detention Fees
- Costs for downtime/costs as well as expenses due to waiting times
- Any costs incurred for the gas or degassing of containers
- Expenses for phytosanitary processing (plant inspection or similar)
- Storage costs
- Costs arising from customs inspection
- multiple stops (additional, unplanned stops)
- Assignment costs
- Fees for issuing delivery instructions (Delivery Order Fees)
- Rebooking and cancellation costs for shipments/containers that have already been scheduled will be charged to the client.
- The client has the obligation to return unloaded containers to the agreed location in broom-clean condition and in the same condition as before shipment. Any costs for cleaning and/or repairs will be charged to the client.
- The costs for advance and follow-up services relate to/from the nearest empty container depot of the used shipowner. Any expenses for collection or return (pick-up or drop-off) are not included in the offer and are calculated according to actual expenses and charged to the client.
- The provision of empty containers at the inland depot and the acceptance of these empty containers at the inland depot cannot be guaranteed and are subject to the approval of the shipowner concerned.
- Surcharges from shipping companies used by Overseas Projects GmbH due to exceeding the specified surcharge-free maximum goods values (see Section 7 of the General Terms and Conditions of Offer) must be reimbursed by the client.
- Original bills of lading are available for our customers to pick up. If delivery by post or courier is desired, the transfer of risk takes place when the document is handed over to the postal company or the courier company in a sufficiently stamped and properly addressed envelope. The costs of sending the goods are to be borne by the client.
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