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Valid from: 1 January 2013<br />
Prices and Terms<br />
of <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> AG<br />
Provisions of<br />
<strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> AG<br />
for International Carriage<br />
by <strong>Rail</strong><br />
Translated from German;<br />
the German text alone is<br />
legally binding<br />
Delivering solutions.
Provisions of <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> AG for International Carriage by <strong>Rail</strong><br />
– as at 1 July 2007 – Translated from German; the German text alone is legally binding<br />
1 Scope, Contractual Bases<br />
1.1 For contracts for carriage with <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> AG<br />
(<strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong>) in international freight traffic by rail, the<br />
“International Convention concerning the Carriage of Goods by <strong>Rail</strong><br />
(CIM)” and the “General Terms and Conditions of Carriage for International<br />
Freight Traffic by <strong>Rail</strong> – GTC-CIM” (see Annex) shall apply,<br />
insofar as the following provisions do not contain any regulations to<br />
the contrary or binding law does not stand in the way.<br />
1.2.1 Subject to the agreement, a wagon may be consigned either<br />
for carriage as goods (contract of carriage of goods) or as a means of<br />
transport (contract of use for wagons). As to use of a wagon as a means<br />
of transport by <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong>, in particular regarding carriage<br />
under a contract of use for wagons, the provisions of the “General<br />
Contract of Use for Wagons (“GCU”) shall apply, to the extend “Prices<br />
and Terms of <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong>, Provisions Relat ing to Privately<br />
Owned Freight Wagons/Freight Wagons of Other Keepers<br />
(PKL-Güterwagenverwendung)” do not derogate therefrom. The currently<br />
valid version of the GCU and the PKL-Güterwagenverwendung<br />
can be found online at www.dbschenker.com/de/rail/gtc.<br />
1.2.2 The consignor and/or the handing over railway undertaking<br />
(“RU”), as the case may be, warrants that it shall hand over only such<br />
wagons to <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> whose keepers have agreed to the GCU<br />
or that it shall place <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> in such a position as if these<br />
were such wagons. The first sentence of this clause shall not apply<br />
if it has been agreed that <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> shall make the wagon<br />
available for carriage as a means of transport or if the handed over<br />
wagon will be running on its own wheels for carriage as goods.<br />
1.3 Within the framework of its scope of validity, the relevant valid<br />
international tariffs in the directory of country connections (see<br />
www.dbschenker.com/de/rail/gtc) shall be applied.<br />
1.4 Insofar as the terms stated in sections 1.1 to 1.3 do not contain<br />
any regulations or refer to the regulations or terms of the carrier,<br />
the terms of business/tariffs/lists of charges applicable to domestic<br />
carriage of that carrier shall apply who is responsible for the given<br />
section according to the contract of carriage. For <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong>,<br />
these terms are the “General Terms and Conditions of <strong>DB</strong> <strong>Schenker</strong><br />
<strong>Rail</strong> AG for the Performance of Services (ALB)”<br />
(see www.dbschenker.com/de/rail/gtc).<br />
1.5 The terms of the customer agreement shall apply to the individual<br />
contract of carriage insofar as reference is made to that agreement<br />
in the freight transport order/CIM consignment note or freight transport<br />
order/GUV wagon note.<br />
1.6 In successive carriage, the first carrier is the contractual carrier in<br />
accordance with Art. 3 CIM. Mention of the “carrier” in the terms and<br />
tariffs refers exclusively to the contractual or successive carrier.<br />
2 Freight Transport Order, Right of Disposal<br />
2.1 For consignments with points of acceptance in Germany, <strong>DB</strong><br />
<strong>Schenker</strong> <strong>Rail</strong> shall prepare the CIM consignment note or the CUV<br />
wagon note, to be completed by order of the customer. The basis is<br />
a freight transport order to be issued by the customer. The freight<br />
transport order shall contain the specifications required for the CIM<br />
consignment note or CUV wagon note. Unless otherwise agreed, the<br />
freight transport order shall be issued in writing to the Customer Service<br />
of <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong>, where the document shall be received no<br />
later than two hours prior to pickup of the freight car.<br />
2.2 For the completion of the freight transport order/CIM consignment<br />
note with the data to be entered according to the agreement,<br />
Annex 2 of the “CIM Consignment Note Manual (GLV-CIM)” and for<br />
the completion of the freight transport order/CUV Wagon Note,<br />
Annex 1 of the “CUV Wagon Note Manual (GLW-CUV)” shall apply.<br />
Both manuals can be viewed at www.dbschenker.com/de/rail/gtc.<br />
2.3 If by agreement the customer himself completes the CIM consignment<br />
note or the CUV wagon note, the five-part form according to<br />
Annex 4 of the “CIM Consignment Note Manual (GLV-CIM)” or Annex<br />
3a of the “CUV Wagon Note Manual (GLW-CUV)” shall be used.<br />
2.4 The following regulation shall apply to the CIM contract of carriage<br />
in reference to the right of disposal: In the absence of any other<br />
instructions issued by the consignor as agreed with <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong><br />
concerning the specification of the right of disposal in the CIM consignment<br />
note, this shall be deemed as instruction to <strong>DB</strong> <strong>Schenker</strong><br />
<strong>Rail</strong> to make the following entry in the consignment note: “Consignor<br />
alone authorised to take control of the goods until the consignment<br />
has left the forwarding country pursuant to field 16 or field 56 of<br />
the CIM consignment note.” The forwarding country in this meaning<br />
refers to the country where carriage begins according to the CIM consignment<br />
note. Any deviating specifications of the right of disposal in<br />
the CIM consignment note must be featured in written instructions<br />
by the consignor.<br />
2.5 For points of acceptance outside Germany, the CIM consignment<br />
note or the CUV wagon note shall be created, completed and handed<br />
over according to the terms of the first carrier in each case.<br />
2.6 The customer shall be liable for information the customer enters<br />
in the freight transport order/CIM consignment note or freight transport<br />
order/CUV wagon note according to Art. 8 CIM.<br />
3 Empty Uncleaned Means of Containment<br />
3.1 For the return of empty uncleaned means of containment according<br />
to the RID, such as in particular tank cars and tank containers<br />
containing residues of hazardous goods and not presented together<br />
with the freight transport order/CIM consignment note or freight<br />
transport order/CUV wagon note, the consignee of the run under load<br />
shall provide the carrier with a written declaration according to item<br />
15 of the GLV CIM for each means of containment.<br />
3.2 <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> shall make the declaration according to section<br />
3.1 above by order of the consignee if the preceding run under load<br />
terminated in Germany. To this end, the consignee shall provide <strong>DB</strong><br />
<strong>Schenker</strong> <strong>Rail</strong> with the following information:<br />
– consignor (consignee of the run under load)<br />
– rail car number or designation of the means of containment<br />
– the specifications according to RID concerning the empty<br />
un cleaned means of containment.<br />
4 Regulation on Language<br />
4.1 Information in the freight transport order or information entered<br />
by the consignor in the CIM consignment note or CUV wagon note,<br />
subsequent orders and instructions, memos or complaints to <strong>DB</strong><br />
<strong>Schenker</strong> <strong>Rail</strong> shall be written in German or accompanied by a<br />
German trans lation.<br />
4.2 Subsequent orders and instructions in the event of obstacles to<br />
delivery or carriage shall also be accompanied by a translation into<br />
one of the official languages of the particular carrier who is to execute<br />
the order or instructions.<br />
5 Cash on Delivery, Declarations of Value, Interest in Delivery<br />
Specification of cash on delivery, declaration of value of the goods<br />
(Art. 34 CIM) and specification of the interest in the delivery (Art. 35<br />
CIM) are not permitted in the freight transport order/CIM consignment<br />
note.<br />
6 Loading Regulations<br />
The carrier’s loading regulations, in particular the UIC-Loading<br />
Guidelines, shall apply. These regulations have been incorporated in<br />
the <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> AG Loading Direktives.<br />
7 Indications of Payment, Payment of Charges<br />
7.1 The freight charges shall include only the cost of the services<br />
directly related to the carriage and listed in Part A of the “List of<br />
Charges” (Annex 3 CI Consignment Note Manual [GLV-CIM]).<br />
7.2 The consignor shall assume the charges if no indication of payment<br />
has been agreed on and entered in the freight transport<br />
order/CIM consignment note or freight transport order/CUV wagon<br />
note. In this case, “DDP” or “Free of all charges” shall be entered as<br />
the indication of payment in the CIM consignment note or CUV<br />
wagon note. The meanings of this and the other indications of payment<br />
in current usage are given in the respective section on “Indications<br />
of Payment of Charges” in the CIM Consignment Note Manual<br />
(GLV-CIM) or CUV Wagon Note Manual (GLV-CUV).<br />
8 Agreement on Transit Period<br />
8.1 The transit period for the carriage of freight is 1 hour for period<br />
for consignment plus a period for carriage of 24 hours for each 400<br />
km or fraction thereof, according to the UIC-“Uniform distance table<br />
for international freight traffic DIUM” No. 8700.00. The transit period<br />
shall start to run after the taking over of the goods. The transit period<br />
shall be suspended on Saturdays, Sundays and legal holidays. The<br />
transit period shall be extended by the duration of a stay caused<br />
without any fault of the carrier. If the transit period would have ended<br />
at a time outside the service times of the destination station for the<br />
delivery point, the transit period shall end with the agreed service or<br />
with the next service for the delivery point. The supplemental periods<br />
are subject to sections 9.2 and 9.3 of the GTC-CIM.<br />
8.2 Transit periods deviating from section 8.1 may apply by virtue of<br />
the applicable international tariffs or customer agreement.<br />
8.3 Timetables and conveyance schedules communicated to the<br />
customer do not constitute agreements on transit periods.<br />
8.4 The period of carriage regulated in the “Prices and Terms of<br />
<strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> AG, Provisions Relating to Privately Owned Freight<br />
Wagons/Freight Wagons of Other Keepers (PKL-Güterwagenverwendung)”<br />
shall apply to the contract of use for wagon.<br />
2
Internationales<br />
Eisenbahntrans portkomitee<br />
Appendix<br />
General Terms and Conditions of Carriage for International Freight Traffic by <strong>Rail</strong><br />
(GTC-CIM) – Date 2006-02-28 –<br />
1 Definitions<br />
For the purposes of these General Terms and Conditions of Carriage<br />
(GTC-CIM) the term:<br />
a) means the Uniform Rules concerning the Contract of International<br />
Carriage of Goods by <strong>Rail</strong> Appendix B to the Convention<br />
concerning international Carriage by <strong>Rail</strong> (COTIF 1999),<br />
b) means the contractual carrier or the successive carrier,<br />
c) means a carrier who has not concluded the<br />
contract of carriage with the consignor but to whom the carrier<br />
defined under (b) has entrusted the performance of the carriage<br />
by rail in total or in part,<br />
d) means the consignor and/or the consignee shown on<br />
the consignment note,<br />
e) means the special agreement concluded<br />
between the customer or a third party on the one hand the carrier<br />
on the other in respect of one ar more consignments subject to the<br />
CIM Uniform Rules,<br />
f) means the International <strong>Rail</strong> Transport Committee, an association<br />
with legal personally constituted under Swiss law and with<br />
its headquarters in Bern. The CIT’s principal objectives are the<br />
implementation and consistent application of the law of International<br />
carriage be rail governed by COTIF,<br />
g) means the CIT publication<br />
containing the instructions for the use of the CIM consignment<br />
note it is also available on the web-site www.cit-rail.org.<br />
h) means intermodal transport of intermodal<br />
transport units when the major part of the journey is made by rail,<br />
by inland waterway or sea but the initial and/or terminal journeys<br />
are made by another mode of transport.<br />
2 Scope<br />
2.1 The GTC-CIM shall govern the legal relationship between the carrier<br />
and customer for consignments subject to the CIM Uniform<br />
Rules; they shall likewise apply to contracts of carriage where the<br />
scope of the CIM has been extended in accordance with Article 1 of<br />
the CIM and in every case where the parties to the contract so agree.<br />
2.2 Conclusion of the contract of carriage shall be deemed as incorporating<br />
these GTC-CIM.<br />
2.3 Agreements between the parties to derogate shall prevail over<br />
these GTC-CIM.<br />
2.4 The customer’s general terms and conditions shall only apply if the<br />
parties to the contract expressly agree to apply them.<br />
3 Perfomance of the carriage<br />
3.1 The carrier may entrust performance of the carriage totaly or<br />
partially to one or more substitute carriers. The carrier need only<br />
provide details of the substitute carrier before carriage if the customer<br />
specifically asks for them.<br />
3.2 Performance of the contract of carriage may be suspended totally<br />
or partially when traffic restrictions come into force. These traffic<br />
restrictions shall be brought to the notice of customer concerned in<br />
an appropriate written form without delay.<br />
4 Consignment note<br />
4.1 Except if otherwise agreed, the completion of the consignment<br />
not shall be the responsibility of the consignor.<br />
4.2 The GLV-CIM contains the information required to make use of<br />
the consignment note.<br />
4.3 In accordance with CIM Article 6 § 9, the consignment note may<br />
be created as an electronic record. The parties to the contract shall<br />
determine details for the use of an electronic consignment note in a<br />
special agreement. Printouts complying with the provisions of the<br />
GLV-CIM shall be acknowledged by the parties to the contract as<br />
having the same validity as paper consignment notes.<br />
5 Supply of wagons by the carrier<br />
5.1 When the customer requires wagons, intermodal transport units<br />
or loading tackle to be supplied, he shall be liable for the accuracy<br />
and completeness of his request. In particular for his order matching<br />
the consignments anticipated.<br />
5.2 The carrier shall provide the number of wagons, intermodal transport<br />
units and appropriate loading tackle within the limits of the provisions<br />
in the contract and the equipment avaliable. The equipment<br />
provided shall be in a technical condition and state of cleanliness to<br />
permit its intended use. The customer must check the equipment<br />
provided for obvious defects. He shall immediately inform the carrier<br />
of any defects.<br />
5.3 The customer shall only use the equipment provided for the consignments<br />
intended.<br />
5.4 The customer shall be liable for all loss and damage to the equipment<br />
mad available to him caused by him or a third party acting<br />
under his instructions.<br />
6 Loading and unloading<br />
6.1 Except if otherwise agreed, the consignor shall be responsible for<br />
loading and the consignee for unloading.<br />
6.2 Except if otherwise agreed, in combined transport the customers’<br />
obligations set cut in point 6.1 also include loading intermodal transport<br />
units on wagons and unloading them from wagons.<br />
6.3 The provisions of the carrier shall apply to the choice of wagon<br />
type, loading and unloading of the goods and the return of the wagon<br />
or intermodal transport unit, subject to mandatory statutory provisions<br />
or if otherwise agreed. In particular, the customer shall be obliged<br />
to return the wagons and intermodal transport units provided<br />
to him in an appropriate state of cleanliness.<br />
6.4 The consignor shall seal covered wagons to the extent that<br />
national law provides for it or that it has been agreed between him<br />
and the carrier.<br />
The consignor shall seal large containers, swap bodies, semi-trailers<br />
and other closed intermodal transport units used for combined transport<br />
and presented for carriage loaded. The consignor and carrier<br />
may agree that sealing of specific traffics is not required.<br />
6.5 Except if otherwise agreed, the provisions of the carrier on time<br />
periods for loading and unloading shall apply.<br />
6.6 Where loading and unloading areas or access routes are made<br />
dirty by the customer, he shall clean them immediately at his own<br />
expense.<br />
7 Packaging<br />
Where the goods require packaging because of their natur or condition,<br />
the consignor must pack them in such a way that they are protected<br />
from total or partial loss and from damage curing carriage and<br />
so that they cannot harm persons or transport equipment or other<br />
goods. In addition the packaging must comply with any special packaging<br />
regulations the carrier may have.<br />
8 Charges<br />
8.1 Charges to be paid by the customer include:<br />
a) carriage charges, i.e. all the charges for or closely linked to the<br />
provision of carriage between the point of accepting the goods and<br />
the delivery point;<br />
b) the ancillary charges, i.e. the charges for supplementary services<br />
provided by the carrier;<br />
c) customs duties, i.e. customs duties, taxes and other sums raised by<br />
customs and other administrative authorities;<br />
d) other charges, raised by the carrier and supported by appropriate<br />
documentation.<br />
A list of the main charges and their codes will be found in the GLV-CIM.<br />
3
8.2 The list of charges, the tariffs and conditions of the carrier who<br />
performs the carriage under the contract of carriage shall apply to the<br />
calculation of charges unless otherwise agreed.<br />
8.3 An entry in the consignment note in accordance with the GLV-CIM<br />
shall indicate who is responsible for which charges. The Customer<br />
Agreement may provide for these remarks to be used exclusively or<br />
for the use of others.<br />
The carrier may require the customer to pay charges in advance or to<br />
provide other guarantees.<br />
8.4 When the calculation of charges involves currency conversion,<br />
the rate to be used shall be that which is applicable:<br />
– the day the goods are accepted for those charges to be paid by the<br />
consignor,<br />
– the day the goods are made available for those charges to be paid<br />
by the consignee.<br />
9 Transit periods<br />
9.1 Where the transit period has been agreed between the consignor<br />
and carrier the additional transit periods shown in point 9.2 shall not<br />
be applicable.<br />
9.2 For consignments to be carried<br />
a) by lines with a different track gauge,<br />
b) by sea or inland waterway,<br />
c) by road, if there is no rail link,<br />
the additional transit periods to be determined under CIM Article 16<br />
shall be determined by the provisions applicable at the location in<br />
question and duly published.<br />
9.3 Where exceptional circumstances cause an exceptional increase<br />
in traffic or exceptional operating difficulties, the additional transit<br />
periods shall be determined by notices duly published by the carrier<br />
or his competent authority.<br />
10 Subsequent orders and Instructions<br />
10.1 Subsequent orders given by the consignor to amend the contract<br />
of carriage shall only be permitted if he has endorsed the consignment<br />
not .<br />
Other endorsements may be specially agreed, for instance in the Customer<br />
Agreement.<br />
10.2 Customers’ Instructions for subsequent orders (CIM Articles 18<br />
and 19), circumstances preventing carriage and delivery (CIM Articles<br />
20, 21 and 22) must be prepared in accordance with the GLV-<br />
CIM and sent in an appropriate written form (letter, fax, e-mail, etc.).<br />
The customer must attach the duplicate of the consignment note to<br />
his subsequent orders or instructions. In the case of circumstances<br />
preventing carriage, the duplicate of the consignment not need only<br />
be produced if the customer amends the consignee or destination<br />
point.<br />
10.3 To save time, the customer may inform a substitute carrier at<br />
the same time he informs the carrier.<br />
10.4 Where the amendment of a contract of carriage would have the<br />
effect of ending carriage within a customs territory (for example<br />
within the European Union) for a movement which should have<br />
ended outside that customs territory, or vice versa, the amendment<br />
may only be implemented with the prior agreement of the customs<br />
office of departure.<br />
11 Acceptance and delivery<br />
11.1 Agreements made between the consignor and the carrier who<br />
accepts the goods for carriage under the contract of carriage shall<br />
determine acceptance of the goods for carriage, the servicing of the<br />
terminal of the loading point, or of the private siding at the forwarding<br />
point. By default, acceptance shall take place in accordance with<br />
the provisions in force at the forwarding point.<br />
11.2 Agreements made between the consignee and the carrier who<br />
delivers the goods under the contract of carriage shall determine<br />
delivery of the goods, the servicing of the terminal, of the unloading<br />
point, or of the private siding at the destination point. By default<br />
delivery shall take place in accordance with the provisions in force at<br />
the delivery point.<br />
12 Claims<br />
Grounds for claims must be given (CIM Article 43). All the documents<br />
to substantiate the claim, and in particular the value of the goods, are<br />
to be attached.<br />
13 Disputes<br />
In the case of dispute, the parties to the contract shall try to find an<br />
amicable solution, they may agree a conciliation, mediation or arbitration<br />
process, in particular that provided for in Title V of COTIF, to<br />
achieve this.<br />
14 Confidentiality<br />
Whether the contract is subsequently concluded or not, any party<br />
which has received information on a confidential basis from the other<br />
party during the course of negotiations, shall be required neither to<br />
divulge it nor to use it for purposes other than those for which it was<br />
provided.<br />
Published by:<br />
<strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> AG<br />
Marketing<br />
Rheinstrasse 2<br />
55116 Mainz<br />
Phone: +49 (0) 1805 331050<br />
Available under order number<br />
TAPL 0110, from:<br />
<strong>DB</strong> Kommunikationstechnik GmbH<br />
Medien- und Kommunikationsdienste<br />
Logistikcenter<br />
Kriegsstrasse 136<br />
76133 Karlsruhe<br />
Fax: +49 (0) 721 9385509<br />
E-mail: DZD-Bestellservice@bahn.de<br />
These Prices and Terms of <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> AG as well as any amendments and supplements will be published in<br />
the “Tariff and Transport Gazette of the public railways in the Federal Republic of Germany”.<br />
The respective valid version of the Prices and Terms of <strong>DB</strong> <strong>Schenker</strong> <strong>Rail</strong> AG is available on the Internet at<br />
www.dbschenker.com/de/rail/gtc<br />
As at: 01.01.2013