Legal

1.1 These GTC apply to all transport contracts (freight, forwarding, warehousing, and logistics transactions) as well as contracts for the procurement of vehicles and goods (Sourcing) concluded by MTN Logistics GmbH (hereinafter "Contractor" or "we") with its clients.

1.2 Inclusion of ADSp 2017: Unless otherwise regulated in these GTC, we operate in the freight forwarding and freight sector exclusively on the basis of the German Freight Forwarders' Standard Terms and Conditions 2017 (ADSp 2017). These limit the statutory liability for loss of or damage to goods in accordance with Section 431 of the German Commercial Code (HGB) in Section 23 to 8.33 SDR/kg per claim or per event to 1.25 million Euros or 2 SDR/kg, whichever is higher.

1.3 Deviating terms and conditions of the client are not recognized unless we expressly agree to their validity in writing.

2.1 Our offers are subject to change. A contract is only concluded upon our written order confirmation (email is sufficient) or upon actual execution of the order.

2.2 Special Provisions for Vehicle Sourcing:

• Intermediary (Agency Model): The purchase contract is concluded directly between the client and the vehicle dealer. We owe only careful mediation and verification.
• Seller (Reseller Model): The purchase contract is concluded between MTN Logistics GmbH and the client.

3.1 We are entitled to have the transport executed by third parties (sub-carriers, shipping lines).

3.2 Transit Times: Departure and arrival times (ETA) indicated in sea freight are estimates by the shipping lines and are not guaranteed. We are not liable for delays caused by vessel changes, "Cut-and-Run" by the shipping line, customs inspections, or force majeure.

3.3 Consolidated Containers (Smart Container): For loads in consolidated containers, the client agrees that their goods will be consolidated with goods from other customers.

4.1 Details: The client is liable for the correctness of all details (weight, content, dimensions). Costs arising from incorrect declarations (e.g., customs fines, overweight surcharges) shall be borne by the client.

4.2 Customs & Import: Unless otherwise agreed (e.g., DDP), the client is solely responsible for customs clearance and import duties in the destination country (e.g., Nigeria, Ghana). Delays or seizures by foreign customs authorities are not our responsibility.

4.3 Prohibited Goods: The client assures that no prohibited items (drugs, weapons, undeclared dangerous goods) are contained in the shipment.

5.1 Exclusion of Warranty (B2B): If the client is an entrepreneur (car dealer, business owner), the sale of used vehicles and machines takes place under exclusion of any warranty for material defects. The vehicle is purchased "as seen" or based on the condition report.

5.2 Warranty (B2C): If the client is a consumer, statutory regulations apply, whereby the limitation period for claims for defects in used goods is limited to one year, where legally permissible.

5.3 Net Purchase (Export): If a vehicle is sold at a Net Price (excluding VAT), the client is obliged to provide proof of export (Exit Note/Ausfuhrvermerk) immediately. If this is not provided, the German VAT (19%) will be charged retrospectively and is due immediately.

6.1 Prices are in Euros unless otherwise stated.

6.2 Cancellation (Freight):

• Cancellations up to 7 days before closing: Free of charge.
• Cancellation under 7 days: We reserve the right to pass on "Dead Freight" costs charged by the shipping line to the client.

6.3 Payment Terms:

• Freight costs are generally due before the release of the Bill of Lading ("Cash against Documents").
• Vehicle purchases are due 100% in advance before the vehicle is collected or shipped.

We have a lien and a right of retention on the goods of the client in our possession for all due and not due claims against the client.

8.1 German law applies.

8.2 The place of jurisdiction is, to the extent legally permissible, Ludwigshafen am Rhein.