IMC PRO LOGISTICSGENERAL TERMS AND CONDITIONS (T&CS)

1.1 These General Terms and Conditions (T&Cs) apply to all business relationships between IMC PRO LOGISTICS GmbH (hereinafter "Service Provider") and its customers (hereinafter "Customer") in connection with Germany warehousing services.

1.2 The Service Provider provides logistics services, in particular warehousing, picking, packing and shipping of goods in Germany. The exact scope of services is defined in the respective individual contract.

1.3 For matters not specifically regulated in connection with forwarding services, the German Freight Forwarders' Standard Terms and Conditions 2017 (ADSp 2017) shall apply additionally.

2.1 The Service Provider provides the following services:

2.2 The Service Provider acts as a forwarding or logistics service provider and not as a carrier. The selection of specific delivery carriers (e.g. DHL, UPS) is made by the Customer in the Service Provider's system.

The Customer shall ensure that all goods comply with the applicable German and EU legal requirements. This includes in particular:

Before each goods receipt or return shipment, the Service Provider must be informed in writing at least three (3) working days in advance. Unannounced shipments may be refused.

The Customer bears sole responsibility for the accuracy of all transmitted information (warehouse lists, shipping labels, instructions). Errors lead to costs and risks for the Customer.

The Customer is obliged to submit valid commercial register extracts, identification documents of the legal representative and other operational qualification documents, and to keep them up to date.

The Service Provider's liability for physical damage to goods is limited to:

The Service Provider shall not be liable for:

The Service Provider is liable only in cases of gross negligence or intent. In cases of slight negligence, liability is excluded unless mandatory law provides otherwise.

Storage fees are based on the agreed price list. If a storage period of 360 days is exceeded, the Service Provider may request the Customer to clear the goods. After an unsuccessful deadline, the Service Provider reserves the right to dispose of or destroy the goods.

The stored quantity is checked by the Service Provider upon acceptance. At the Customer's explicit request, counting may be waived; in that case, the Service Provider's liability for quantity discrepancies shall cease.

If the Service Provider discovers that stored goods are spoiling or damaged, it shall notify the Customer immediately. In urgent cases that endanger the safety of the warehouse or other goods, the Service Provider may treat the goods in advance without being liable for doing so.

Billing is made exclusively in euros (EUR). The Customer shall maintain a prepaid balance for incurred fees. Invoices are issued monthly and must be settled within fifteen (15) days after confirmation.

In the event of payment default, the Service Provider shall charge default interest of 0.03% per day. If the default exceeds thirty (30) days, the Service Provider reserves the right to terminate without notice and retain goods.

The Service Provider may announce fee adjustments with seven (7) days' notice. If the Customer does not object within three (3) working days, the adjustment shall be deemed accepted.

7.1 The contract is automatically extended by one year unless terminated thirty (30) days before expiry.

7.2 In the event of material breaches of contract (e.g. payment default, legal violations), termination without notice is possible.

7.3 After termination, the Customer is obliged to clear the inventory and remove the warehouse address from all platforms. If the Service Provider continues to receive goods from the Customer, it is entitled to charge fees for them and dispose of the goods.

8.1 The Service Provider processes all customer data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.

8.2 The parties undertake to maintain confidentiality regarding trade secrets and other non-public information of the other party. This confidentiality obligation survives termination of the contract.

8.3 Without the Service Provider's prior written consent, the Customer may not use the warehouse address or contact details for business activities unrelated to the contract.

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Mönchengladbach, Germany.

Should any provision of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace an invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.

The Service Provider reserves the right to amend these T&Cs. Changes will be communicated to the Customer in writing. The amended T&Cs shall not be deemed approved if the Customer objects within fourteen (14) days after receipt of the change notice. The Service Provider will specifically draw attention to this legal consequence in the change notice.