Terms & Conditions

Unless otherwise stipulated in these T&Cs, medlog provides conveyance and transportation services subject to the CMR convention (Convention on the Contract for the International Carriage of Goods by Road), and the general terms and conditions for forwarding agents working in Austria (AÖSp).

 

1. Validity of the T&Cs

1.1 The T&Cs are valid for all activities undertaken by medlog, in particular for the clearance, handling, hub redistribution, storage and all purchasing and acquisition required for the shipment of parcels and cargo items sent within Austria and internationally – regardless of whether medlog conducts all services itself or has a third party to do so on its behalf.

 

1.2 medlog works solely according to the provisions of these T&Cs. medlog’s T&Cs remain valid and applicable regardless of whether or not the customer submits or publicises his/her own T&Cs (submitting them separately or printed on his/her correspondence/stationery).

 

2. Scope of services

2.1 medlog arranges and provides transport services carried out by independent forwarding agents. Standardised procedures ensure maximum economies and speed of transportation. Parcels and items for express delivery are transported as groupage consignments and redirected via depots and distribution hubs. Reloading and sorting can also be executed automatically by conveyor belt systems.

 

2.2 medlog is not obliged to carry out actions to inspect, maintain or improve the quality of the packaging or its contents. In particular, medlog accepts no liability for the characteristics or condition of the packaging used for medical shipments. 

 

2.3 The collection and receipt of parcels and items for transport are documented by medlog (such as via bills of lading). Consignment details such as the parcel number, the type of cargo, number of packages, weight of the consignment (etc.) are also documented. Additional, and more detailed documents provided by other parties, such as the sender, shall not be legally binding for medlog.

 

2.4 medlog shall not be obliged to deliver on declarations or assurances made to the sender, recipient or customer by the forwarding agent, his/her employees or assistants, wherever such declarations go beyond, or contradict, the framework of these T&Cs.

 

2.5 The duration of transportation and handover of the consignment to the recipient depends on the transport service selected by the contractor (same-day, express, courier service etc.). medlog does not make assurances or guarantees as regards the generally-expected duration of a delivery. If a shipment cannot be handed over at the agreed time and place, the delivery date will be moved back by at least one working day (Monday to Friday).

 

2.6 If, on delivery, nobody is available to receive the consignment, or the handover cannot be completed for any other reason, medlog shall not be obliged to make a second delivery attempt. The parcel will be put into safe storage and made available for collection. medlog specialises in the collection of packages. If medlog is ordered by the customer/sender to collect a parcel, medlog charges the agreed freight service fee, even if the sender does not have a package ready for collection – a so-called ‘empty run’.

 

2.7 Transfer of risk with regard to the parcel takes place on provision of a signature by the intended recipient, his/her neighbour, by someone working in the company of, or present in the household of the recipient, unless there is good reason to doubt his/her credibility as a recipient for the consignment.

 

2.8 The signature of the person taking receipt of the parcel shall serve as proof of delivery, whether provided electronically, on a scanner display, or on the bill of lading.

 

2.9. The 24th and 31st of December do not count as work days. Hence, no regular delivery services are provided on these days. Transport jobs will be invoiced, taking into account any surcharges due for work required on public holidays.

 

3. Items we do not transport

3.1 The following goods are not transported by medlog due to their value, condition or nature. medlog solely accepts closed and sealed packages and items for transportation, which – as a rule – will not be opened during transportation. Hence, medlog is in no way obliged to inspect parcels, items or their packaging in search of violations of our criteria for exclusion.

 

3.2 The following items are excluded from transportation

  • Parcels/packages of a total goods value exceeding €1000Courier consignments of a total goods value exceeding €1000 per parcelParcels/packages weighing more than 31.5kg (national) or 50kg (international)
  • Individual items for express shipment that weigh in excess of 50kg
  • Express consignments that weigh more than 100kg in total
  • Parcels or items in express shipments with a girth (= circumference plus the longest side) 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
  • Goods insufficiently or unsuitably packaged for transportation
  • Insufficiently or unsuitably addressed packages or shipments
  • Groupage cargo
  • Groupage cargo
  • Especially valuable unique items or goods (such as cash, coins, precious metals, precious stones, real jewels and pearls, objet d’art, antiquities)
  • Pre-paid card for mobile phones
  • Certification and items of ID such as passports, driving licenses, important documents, monetary certificates and documents (such as securities, exchanged currency, savings books, vouchers, admission tickets)
  • Waste, all kinds of problematic and/or radioactive substances
  • Packages, parcels and express shipments marked CF (carriage forward)
  • Parcels and items belonging to express shipments whose transportation/storage violates a legal or official ban
  • Parcels and items belonging to express shipments that have not been sufficiently or correctly labelled

 

3.2.1 In addition, the following are excluded from transportation beyond the Austrian border:

  • Cigarettes, tobacco-based goods and spirits
  • Personal effects and goods requiring an ATA Carnet

 

Acceptance of the following cargoes requires a separate written agreement:

  • Biological substances and substances posing an infection hazard
  • Hazardous goods
  • Medicines and pharmaceuticals
  • Perishable and temperature-critical goods
  • Live animals
  • Foods and food samples
  • Non-automatically-sortable goods in international distribution

 

If we are contacted to transport hazardous goods (including biological substances and infectious substances), this must be clearly marked on the bill of lading, along with the verification code already requested by medlog.

 

3.3 If the customer hands over a parcel or items to medlog which have been listed in point 3.2 as excluded from transportation, medlog shall be fully entitled, without prior discussion with the customer, to make the parcel or whole consignment of items ready for collection by the customer, or to return them to the customer at his/her expense, to store the said item(s) at the expense of the customer, or to hand them over to a third-party forwarder who does not adhere to such a list of excluded items, and who should return them to the customer at the customer’s expense. If justified by the situation, medlog shall furthermore – after informing the customer – be entitled to use the items for its own purposes, or to destroy them in order to prevent hazards.

 

4. Acts of God (Force Majeure)

In cases of force majeure and natural disasters, such as strikes, unexpected military conflict, flooding, and other obstructive events beyond our control, such as road blocks and vehicle breakdowns (etc.), medlog cannot be made liable for ensuring a consignment is delivered successfully, or is collected as agreed. If forces beyond our control restrict our ability to carry out the agreed transport service, medlog will inform the customer thereof – and agree, once this force majeure has ceased to restrict order execution, as to whether the service should still be provided or not.

 

5. Contractor obligations

5.1 Every parcel or item of a shipment must visibly include the bill(s) of lading approved and sent by medlog – and be filled out completely by the customer.

Ensuring no errors are made filling out the forms is the responsibility of the customer. When handing over the parcel, package or shipment item, the customer must ensure that only a single medlog bill of lading is attached to the parcel, package or item of the shipment, and is fully visible and completely unobscured. All old labels and stickers with addresses and other irrelevant details must be removed.

 

5.2 If the sender fails to meet his/her obligations as detailed in point 5.1, exercising due discretion, medlog shall be entitled to (1) remove the package, parcel or item from the shipment; store, secure or return it, without liability for compensating the customer, and (2) demand the customer pay for all expenses incurred due to the necessity of these measures.

 

5.3 The customer is responsible for correct and suitable exterior and interior packaging of the shipped goods (according to the transport conditions and requirements listed in point 2.1). Under normal transport conditions, packaging must be able to protect the cargo in particular from damage caused by vibrations, pressure, temperature changes and other forces common in transportation. Furthermore, the packaging must be designed in such a way as to ensure access cannot be gained to its contents without leaving obvious traces.

 

In particular, the customer is responsible for the correct, suitable and legally-approved packaging of medical and biological substances, and should pay close attention to the special packaging guideline provisions of the ADR treaty (European Agreement concerning the International Carriage of Dangerous Goods by Road), and of the GGBG (Hazardous Goods Transportation Act).

 

The customer shall be liable for all damages caused to medlog as a result of incorrect, unsuitable, insufficient or illegal packaging or labelling of a shipment. Customer liability also encompasses all damages and injuries caused by insufficient packaging, suffered directly or indirectly by medlog, its forwarders or their staff. This includes poisoning or injury of an employee, and/or damage to tools, equipment, facilities and machinery in use – such as soiling of vehicles, storage facilities or other cargoes.

 

5.4 An order to transport a shipment to a country outside Austria includes the duty to provide medlog with all means required for customs clearance, whenever conveyance is not possible without the said clearance. In such cases, the customer shall be obliged, without medlog having to submit a request, to provide medlog with all the paperwork required for customs clearance. The customer is obliged to pay all costs generated by customs clearance procedures, and to recompense for all other customs, duties and taxes paid on the customer’s behalf.

 

6. Fees & compensation of expenses

6.1 Services are provided subject to the freight fees and surcharges agreed for each case of transportation between medlog and the customer. These result from individual agreements, or medlog’s officially-published fees for the given category of transport service.

 

6.2 The agreed fee solely covers transportation – from collection from the customer to delivery to the recipient. Additional services above and beyond the basic transportation job will be invoiced separately; as will orders for transportation services that cannot be shown to have been cancelled in writing at least 6 hours prior to the scheduled time of collection.

 

6.3 Calculation of the forwarding fee takes into account the entire distance between the sender and the recipient and is multiplied by medlog’s current freight-kilometre tariff. Wherever transportation involves groupage or package tariffs, such tariffs must be agreed separately with medlog in writing, and/or be explicitly explained by medlog (such as with project tariffs). If nothing else has been agreed for transportation, medlog shall be entitled to the full transportation fee, and the full fee for additional services and special deliveries.

 

6.4 Transportation of voluminous packages: ‘Voluminous’ in this regard refers to items whose volumetric weight is greater than their actual weight. Invoicing is done according to volumetric weight whenever the volumetric weight is greater than the parcel’s actual weight. Volumetric weight is calculated thus: Length x width x height of the package (in cm) divided by 5,000. If the length of one side of a package (length, width or height) exceeds 150cm, such items can only be transported if prior approval has been received from the medlog dispatcher.

 

6.5 All invoices issued by medlog must be paid immediately, without deductions or counterclaims. Should the customer miss the payment deadline, on paying the invoice he/she shall also be obliged to cover all resultant procedural costs. 

 

6.6 The customer is not permitted to reduce the sum paid to medlog with counterclaims, unless this right has been upheld by law, or medlog has agreed to this in writing. Written or verbal agreements made by forwarding agents, their employees or assistants cannot be validated as agreements made with medlog.

 

6.7 Customers must immediately inspect invoices to ensure they are correct. Objections to details of individual invoices may only be submitted within 30 days of receipt.

 

6.8 If a foreign recipient is liable to pay forwarding fees, costs or expenses, or has incurred any of the aforementioned, the domestic customer shall be expected to pay the due sums if the foreign recipient does not pay them after the first request for payment.

 

6.9 If the customer instructs medlog to receive packages or bring them into Austria from outside the country, medlog shall be entitled, but not obliged, to pay fees for such cargoes, cash-on-delivery items, customs, taxes, duties and other expenses – and to demand the customer recompense medlog for these sums.

 

6.10. Fuel surcharges

medlog bills a fuel surcharge for all services relevant to transportation. The fuel surcharge is re-evaluated and published every month.

The fuel surcharge for March 2022, it was 11.2%. for Aprl 2022, it was 10.7%.

 

6.11. Index adjustment

medlog adjusts its tariffs on an annual basis in line with the transport cost index published by the Austrian Chamber of Commerce.

(https://www.wko.at/branchen/transport-verkehr/gueterbefoerderungsgewerbe/transportkostenindex.html)

 

7. Privacy

medlog is permitted to collect, save and process the data it receives in connection with service provision, and to forward these data to partner companies working with medlog, at home and abroad, in as much as, and as long as, these actions are required for the provision of services. In regard of subsequent services and offers, data can be processed by medlog partner companies. The customer consents to this collection and processing, and to the forwarding of these data, particularly to government offices or customs authorities.

 

8. Liability

8.1 medlog accepts liability for the provision of paid road transportation of goods in compliance with the applicable Austrian legislation (§ 439a UGB).

 

8.2 medlog shall be liable for damages caused by loss or damage suffered while the shipment is in medlog’s custody to a sum of 8.33 special drawing rights of the International Monetary Fund for each kilogramme of gross weight. The current exchange rate can be viewed at www.oenb.at. medlog shall not be held liable for consequential damages and consequential losses, such as purely commercial losses, reduced profits, contractual penalties, lost profits, lost sales and turnover, costs of replacement or damages caused by procedural delays at customs. medlog shall not be held liable for consequential damages caused by the loss of, damage to, or delayed delivery of materials or samples for inspection. Liability for items other than the goods in transport is limited to the sum calculated and agreed to for the transport in question.

 

 

9. Insurance

9.1 If the customer has requested transport insurance it must be shown on the bill of lading via a verification code. The transport insurance is not valid without a valid verification code or another written form of agreement. Insured risk, insurance sum and the premium should be agreed separately according to the type, characteristics and value of the cargo being transported. If separate transport insurance has not been agreed, there will be no insurance coverage for the consignment handed over to medlog.

 

10. Exclusion of additional claims by the customer

10.1 Claims submitted by the customer to medlog for the payment of additional sums, like financial penalties to be paid by the customer to third parties, shall not be entertained – especially if the third party does not immediately demand this payment from medlog.

 

11. Expiry of the time limit for claims

 

11.1 The time limit for all claims for damages against medlog expires after 6 months.

 

11.2 Expiry of the time limit for claims is determined according to § 439a UGB in compliance with the provisions of Art. 32 CMR and, in a case of damage during transportation, begins after the end of the day on which the package or consignment was delivered or, if delivery did not take place, the deadline expires on the sixtieth day after the parcel was first collected, and expires for consignments after the thirtieth day after the end of the agreed delivery deadline, and in all other cases after the end of a deadline of three months subsequent to the signing of the transport contract.

 

12. Electronic data transfer, e-mail correspondence & telephone

It is agreed that information sent electronically between the customer and service provider via e-mail, web-based communication or telephone, is accepted as legally and validly communicated. This applies in particular to the communication and booking of orders via the medlog online portal (www.medlog.at) and the communication of order confirmation, tariff information, documentation of shipment progress and proof of delivery. All information provided electronically or via telephone by the customer, including the type and characteristics of the cargo, the destination, means of payment and recipient of payment, are binding once submitted by the customer (sent, saved etc.). If medlog sends and delivers confirmation that electronically communicated inquiries, orders or bookings have been accepted, the order to perform/transport shall constitute a legally binding agreement.

 

13. Written agreements, partial applicability, place and court of jurisdiction

12.1 Supplementary and divergent agreements must be made in writing.

12.2 If one of the provisions of these T&Cs becomes void, this shall not affect the validity of any of the other provisions. The voided provision must be replaced by a valid one which most closely serves the intended commercial purpose of the original provision.

12.3 The sole court of jurisdiction shall be the commercial court in St. Pölten, unless there is a compelling legal reason to the contrary.