Standard Conditions of Carriage

Terms

1. Scope of Application

These Terms of Service (ToS) apply to all contracts for logistics services, including e-commerce shipping, city courier services, pallet transport, and direct trips, concluded between SkyNet Worldwide Express Germany GmbH (hereinafter "SkyNet") and the Shipper. SkyNet provides its services exclusively based on these ToS and the ADSp 2017, unless mandatory legal provisions (e.g., HGB, CMR) take precedence. Deviating terms of the Shipper require SkyNet’s written consent to apply.

 

2. Definitions

"SkyNet" includes SkyNet Worldwide Express Germany GmbH and its affiliates and agents worldwide. The "Shipper" is the individual or entity commissioning SkyNet for transport. The "Consignee" is the person designated by the Shipper to receive the shipment.

 

3. Contract Subject

SkyNet undertakes the carriage of goods as per the Shipper’s instructions. Goods are accepted in apparent good order (unless noted otherwise). The Shipper agrees to these ToS and the ADSp 2017, available for inspection at SkyNet (Behringstr. 10, 82152 Planegg) and expressly incorporated herein. Modifications by SkyNet agents or employees require written authorization.

 

4. Ownership and Authority

The Shipper warrants that the goods are its property or that it is authorized to accept these ToS on behalf of all interested parties (e.g., owners). The Shipper indemnifies SkyNet against damages, costs, or claims arising from a breach of this warranty.

 

5. Liability

SkyNet’s liability is governed by the ADSp 2017, unless overridden by mandatory laws (e.g., CMR, Warsaw Convention). SkyNet is not liable for loss, damage, misdelivery, or non-delivery not caused by its negligence, including:

  • Acts, defaults, or omissions of the Shipper, Consignee, or third parties with an interest in the shipment;
  • Nature of the shipment (e.g., defects, inherent vices);
  • Acts of God, weather conditions, strikes, public authority actions, war hazards, or delays by third-party carriers;
  • Actions of third-party carriers, regardless of the Shipper’s knowledge or instructions.

SkyNet is not liable for indirect damages (e.g., lost profits, market loss), even if aware of such risks.

 

6. Delivery Times

SkyNet strives for expeditious delivery per standard schedules (e.g., Same-Day, Next-Day) but is not liable for delays, regardless of the cause.

 

7. Limitation of Liability

SkyNet’s liability is limited per ADSp 2017 to 8.33 SDR (Special Drawing Rights) per kg of damaged/lost goods, with a maximum of 30 USD per shipment unless higher insurance is arranged (see § 8). For international shipments, CMR (road) or Warsaw Convention (air) limits apply where relevant.

 

8. Insurance

At the Shipper’s request and for an additional fee, SkyNet arranges transport insurance. Coverage is subject to the insurer’s policy terms. SkyNet is not liable for the coverage or delays.

 

9. Payments and Lien

SkyNet may advance duties, taxes, or fees, for which the Shipper and Consignee are jointly liable. SkyNet retains a lien on the goods for all charges (freight, duties, advances) and may withhold release until payment.

 

10. Damage Claims

Visible damage or shortages must be reported in writing within 14 days of delivery; for non-delivery, within 14 days of the air waybill date. Claims must be filed with SkyNet within 45 days of the air waybill date. All transport charges must be paid before claims are processed.

 

11. Hazardous and Prohibited Goods

SkyNet does not accept hazardous, flammable, explosive, or perishable goods, valuables (e.g., gems, cash), live animals, or plants without prior approval. The Shipper indemnifies SkyNet for damages or costs from such goods, and SkyNet may abandon transport upon discovery.

 

12. Delivery

Delivery is made to the Consignee named in the air waybill. Arrival notices, if required, are sent via standard methods, with no liability for non-receipt.

 

13. Transport Routes

SkyNet may freely choose carriers and routes, deviating from specified paths if practical.

 

14. Packaging and Compliance

The Shipper ensures goods are packaged for safe transport and comply with all laws (e.g., customs, export regulations). SkyNet may inspect shipments. The Shipper is liable for losses from non-compliance.

 

15. Customs and Export

SkyNet may act as the Shipper’s agent for customs (e.g., EX1, ATR) but assumes no liability for errors.

 

16. Governing Law and Jurisdiction

German law applies. The place of jurisdiction is Munich, Germany, where legally permissible.

 

17. Final Provisions

SkyNet is not a common carrier and operates solely under these ToS. If any clause is invalid, the remaining terms remain effective.

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