Terms & Conditions

Unless otherwise stipulated in these terms and conditions, medlog provides forwarding and transportation services subject to the CMR (Convention on the Contract for the International Carriage of Goods by Road) and the AÖSp (General Austrian Terms and Conditions for Forwarding Agents).

 

1. Validity of terms and conditions

1.1 These terms and conditions are valid for all medlog activities, particularly the administrative processing, handling, packaging, storage and the organisation of the delivery of packages and items – within Austria and between international destinations – regardless of whether medlog provides these services itself or has them performed by a third party forwarder.

1.2 medlog works solely according to these terms and conditions. The submission of a customer’s terms and conditions (whether provided separately or printed on forms, correspondence or documents produced by the customer) shall in no way compromise the validity of medlog’s terms and conditions.

2. Scope of services

2.1  medlog organises transportation services which are provided by independent forwarders. The speediest and most cost-efficient means of transport is ensured by following standardised procedures: Packages and items belonging to express consignments are transported as groupage consignments/consolidated shipments and reloaded via depots and terminals (hubs). Sorting and reloading can also be managed by automated conveyor belt systems.

2.2   medlog is under no obligation to inspect packages or to take steps to maintain or improve the condition of goods or their packaging. In particular, medlog shall be in no way held liable for the type or condition of packaging used by senders of medical deliveries.

2.3 Collection and receipt of the packages and items for delivery is documented by medlog (e.g. consignment note/bill of lading). Consignment details such as the package number, type of goods, the number of packages and the weight of the consignment will be indicated. Other and additional papers, such as those provided by the sender, shall not be binding for medlog.

2.4 Any declarations or assurances made by the actual forwarders, their employees or helpers, to the sender, recipient or customer, are not binding for medlog, if they go beyond the scope of medlog’s terms and conditions or contradict them.

2.5 Transport duration and delivery to the recipient are dependent upon the type of transport service (same-day, express, courier service etc.) ordered by the customer. medlog makes neither promises, nor does it give guarantees in terms of standard delivery durations. If the consignment cannot be delivered on the agreed date/at the agreed time, delivery will be delayed by at least one working day (Monday to Friday).

2.6 If, at the point of delivery, there is nobody present to take receipt of the consignment, or delivery of the consignment cannot be completed for any other reason, medlog shall not be obliged to attempt to deliver the consignment a second time. The package will be put into safe storage and made available for collection. medlog is specialised in the collection of packages. If a customer/sender orders medlog to collect a package, medlog will invoice the customer/sender for the transportation fee, even if the customer/sender does not make a package available for collection (empty run).

2.7 As regards delivery of packages, medlog shall be absolved of all further contractual obligations on receipt of a signature from the recipient, a neighbour of the recipient or a person present in the shop, office or household of the intended recipient, unless there is a good reason for doubting the right of this person to receive the consignment.

2.8 The signature of the recipient is valid proof of delivery, regardless of whether this is provided physically on the bill of lading/waybill, or in a digital form on the screen of the code scanner.

3. Exclusion from transportation

3.1 The below-listed goods will not be transported by medlog due to their values, size, shape, nature or condition. medlog only accepts items and packages in completely closed and sealed packaging, which – as a rule – will not be opened during transit. Hence, medlog is not subject to any obligation to inspect packages, consignments or items, or their packaging, for the purpose of identifying violations of the following restrictions.

3.2 Items excluded from transportation

• Packages with a goods value of over €1000

• Courier consignments with a total goods value of over €1000 per consignment

• Packages weighing more than 31.5kg (national) or 50kg (international)

• Express deliveries with a per-item weight of more than 50kg

• Express deliveries with a total weight of over 100kg

• Packages or items in express consignments with combined dimensions (= girth + long-side dimension) of more than 3m, a length of more than 2m, a height of more than 0.6m and/or a width of more than 0.8m

• Insufficiently and/or unsuitably packaged goods

• Insufficiently and/or unaddressed packages or consignments

• Bundled deliveries

• Goods that for whatever reason require special treatment (e.g. because they are particularly breakable, they can only be transported in an upright position or on a specific side etc.)

• Particularly valuable unique items or goods (e.g. cash, coins, precious metals and stones, genuine jewellery and real pearls, art objects, antiques)

• Prepaid mobile phone cards

• Items of ID (e.g. passports, driving licenses), valuable documents and certificates (e.g. securities, change, savings books, vouchers, admission tickets)

• Firearms and parts of firearms as covered by the § 1ff Firearms and Ammunition Law

• Rubbish, waste, problematic substances and all kinds of radioactive substances

• Packages or items from express deliveries with marking to the effect of ‘COD/unpaid/payment due/non-prepaid’

• Packages or items from express deliveries, whose transportation/storage violates a statutory or legal ban

• Packages and items from express consignments subject to statutory labelling obligations, which have not been correctly or sufficiently labelled

3.2.1 Further goods that are excluded from transportation to foreign destinations:

• Cigarettes, tobacco products and alcoholic spirits

• Personal effects and Carnet ATA items.The following items can only be accepted if a separate written agreement has been made:

-                Biological and infectious substances
-                Hazardous goods
-                Medication and pharmaceuticals
-                Perishable and temperature-critical goods
-                Live animals
-                Foods, foodstuffs, food samples
-                Goods that cannot be sorted automatically in international deliveries

If medlog is contracted with the transportation of hazardous goods (also those bearing the risk of spreading an infection, or biological substances), this must be clearly noted on the bill of lading/waybill; and the verification code ordered by medlog must be clearly visible.

3.3 If the customer hands over a package or item to medlog for transportation which violates the conditions for exclusion in 3.2, medlog reserves the unlimited right to make the package or the entire consignment ready for collection by the customer, or to return the said items, store them or forward them to another transport service provider who does not exclude the transportation of such items in his/her terms and conditions, at the expense of the customer, without first agreeing the aforementioned with the customer. If considered necessary, after informing the customer, medlog shall also be entitled to dispose of such goods or to destroy them at the expense of the customer to eliminate the source of danger.

4. Acts of God (Force Majeure)

In cases of acts of God, natural disasters, such as strikes, floods etc., and in cases of circumstances that cannot be influenced, such as roadblocks, vehicle breakdowns etc., medlog shall not be made liable to ensure a consignment is successfully delivered or that goods are collected at a specific place or time. If for any reason the performance of transportation services is inhibited, medlog will inform the customer of the situation and agree whether the contract must completed or not.

5. Customer obligations

5.1 The customer must attach the completely filled in bill of lading/waybill accepted by medlog to every package and item in a groupage consignment.

If errors occur when completing the form, all consequences shall be borne by the customer. The customer must ensure that only the current medlog bill of lading/waybill is clearly legible and unobscured on the package or item when the package or item of the consignment is handed over. All old stickers, address details and any other previous labelling must be removed.

5.2 If the sender does not comply with his/her obligations as listed in 5.1, after dutifully analysing the situation, medlog shall be entitled to unload the package or consignment, to store, secure or return it, without becoming liable to pay the customer for damages; and shall be entitled to demand compensation for these measures from the customer.

5.3 The customer shall be responsible for ensuring the goods for transportation are properly and suitably packaged, internally and externally, for the transportation eventualities listed in 2.1. In particular, under normal transport conditions the consignment must be protected from damage caused by vibrations, pressure, temperature changes, and other stresses and strains common during transportation. Furthermore, the packaging must be made in such a way as to ensure access cannot be gained to the contents of the packaging without leaving obvious marks on the exterior.

In particular, the customer is responsible for ensuring medical and biological substances are packaged properly, correctly and according to statutory stipulations. We wish to draw attention to the particular packaging regulations of the ADR (international agreement on the transportation of hazardous goods by road) and GGBG (Hazardous Goods Transportation Law).

The customer shall be liable for all damages and expenses suffered by medlog due to packaging or labelling that is inadequate or does not conform to legal stipulations. This liability also encompasses damages caused by inadequate packaging that causes direct or indirect injury or damage to medlog, or to forwarders or their staff (e.g. contamination or injury), and/or to any equipment, property, vehicles or substances used (e.g. soiling of the vehicle or storage facility, or the soiling of other items being transported).

5.4 Contracting medlog to transport goods to foreign countries also includes the administration of customs procedures for cases in which transportation cannot be completed without them. In such cases the customer shall be obliged to pass on all completed documentation necessary for customs procedures unbidden to medlog. The customer will be charged with all expenses required for completing customs procedures, and with all additional customs fees, taxes and duties.

6. Fees, payment, compensation for expenses

6.1 All transport tariffs and surcharges agreed between medlog and the customer shall be valid and binding. They are based upon individual agreements or on the transport fees published by medlog for the particular form of transportation.

6.2 The fee simply covers the provision of transportation from collection from the customer to delivery to the recipient. Additional services above and beyond the above-described scope of services will be invoiced separately; as is also the case for transportation jobs that are not cancelled verifiably in writing at least 6 hours before the scheduled time of collection.

6.3 Calculation of the transportation fee takes into account the full distance between the sender and the recipient and is multiplied by the distance tariff (per transport kilometre) used by medlog. When such consolidated shipment tariffs or package tariffs are used, they must be agreed with medlog separately in writing or be declared explicitly by medlog (e.g. project tariff). If no other agreement has been made, medlog shall be entitled to charge the full transportation fee for a special service or a special journey.

6.4 The transportation of voluminous packages: Voluminous goods are items whose volumetric (dimensional) weight is greater than their effective weight. Invoicing will be conducted according to volumetric weight whenever the volumetric weight is greater than the effective weight. Volumetric weight is calculated as follows: Length x Width x Height of the package in cm divided by 5000. Packages whose side dimensions (length, width or height) exceed 150 cm, can only be transported after clearance is given by medlog’s dispatchers.

6.5 Invoices issued by medlog must be paid immediately, free of any deductions or counter-charges. If he/she fails to pay the sum charged, the customer shall be obliged to cover all costs of pre-litigation.

6.6 The customer is not permitted to offset invoiced sums with counterclaims made to medlog, unless they have been legally confirmed and accepted by medlog in writing. The written or verbal consent provided by the actual forwarder, his/her driver(s) or assistants, in no way amounts to valid consent on the part of medlog.

6.7 Invoices must be checked for accuracy immediately. Objections to the content of individual invoices can only be raised within 30 days of invoice receipt.

6.8 If forwarding fees, costs or expenses are to be paid by a foreign recipient, or if the foreign recipient has caused these expenses, the domestic customer shall be obliged to recompense medlog for the costs, if they are not immediately paid by the foreign recipient at the first time of asking.

6.9 If the customer tasks medlog with the receipt of arriving packages, or with the importation of packages from abroad, medlog shall be entitled - but not obliged - to pay the sums due for COD items, as well as customs duties, taxes and any other duties or expenses, and to demand reimbursement from the customer for expenses generated by these transportables.

6.10. Fuel surcharges

The fuel surcharge for Dezember 2015 is 2.2%.

 

 

7. Confidentiality

Information made available to medlog in connection with services provided may be collected, stored and processed, and passed on to other medlog subsidiaries and partners, also in other countries, as long as this is necessary for the proper provision of services. This information may also be processed with a view to the provision of subsequent services and offers by medlog subsidiaries and partners. The customer declares his consent to the collection, storage, processing and forwarding of such information, particularly for state institutions or customs authorities.

8. Liability

8.1  medlog accepts liabilities according to the relevant Austrian legal stipulations for paid transportation of goods on the road (§ 439a UGB).

8.2 medlog shall be liable for loss or damage for the time the package or consignment is in the custody of medlog, up to a sum of 8.33 IMF SDRs (Special Drawing Rights) per kg of gross weight. The current exchange rate can be viewed at www.oenb.at. medlog cannot be held liable for subsequent damage and subsequent costs such as purely commercial losses, loss of business, contractual penalties, loss of profit or loss of turnover, costs of replacement or damages arising from delays in customs procedures. medlog cannot be held liable for subsequent damages stemming from the loss, damage or delayed delivery of materials or samples for examination. Liability for damages other than those to goods shall be limited to the costs of transportation calculated on the basis of the current transport order in question.

9.Insurance

9.1 If the customer has ordered the completion of a transport insurance deal, this must be noted on the bill of lading/waybill using the ‘confirmation code’. Without a valid confirmation code or another written form of confirmation - the transport insurance will be invalid. The insured risk, the amount insured and the premium must be agreed separately according to the type, weight and shape, and the value of the goods, and for each individual transport. If separate transport insurance has not been agreed upon, there will be no insurance cover on the consignments passed on to medlog.

10. Exclusion of additional claims made by the customer

10.1 The enforcement of claims made by the customer against medlog, such as passing on the financial burden of fines the customer is obliged to pay third parties, shall not be entertained, particularly when the third party in question is unable to make direct use of medlog services.

11. Limitation period for legal claims

11.1 No legal claims can be made to medlog beyond the limitation period of 6 months.

11.2 Time limitation on claims is made in compliance with § 439a UGB according to the stipulations of Article 32 of the CMR and, in the case of transport damage, begins at the end of the day upon which the package or consignment was delivered or, if delivery was not completed, for packages it begins on the sixtieth day following receipt of the goods, for consignments on the thirtieth day after the expiry of the agreed delivery deadline, and in all other cases after a period of three months subsequent to completion of the delivery agreement.

12. Electronic Data Transfer – E-mail correspondence - Telephone

It is agreed that all information passed between the customer and the service provider via digital means via e-mail, or via the internet, or via telephone, shall be considered valid. This shall apply particularly to the submission and booking of transport services via the medlog online portal at www.medlog.at, and to the provision of order confirmation, price information, documentation on the status of a delivery, or proof of delivery. All information provided by the customer, including information about the type, weight and shape of the consignment, the destination, method of payment, recipient of payment – sent electronically or via telephone – shall be binding once it has been sent by the customer (send, save etc.). Once a form of confirmation is sent and deposited by medlog in response to inquiries, orders or bookings sent via digital means, the order/contract for transport services shall be considered legally binding.

13. Written agreements, partial validity, place of jurisdiction

12.1 All collateral and divergent agreements must be made in writing.

12.2 Should one of the clauses in these terms and conditions prove to be inapplicable or invalid, it shall have no effect on the validity of the remaining terms and conditions. The inapplicable/invalid condition must be replaced by a valid one that most closely represents the commercial and legal purpose of the original condition.

12.3 The sole place of jurisdiction shall be St. Pölten if no other overruling legal condition states otherwise.