Conditions for Cleaning
Spedition Petri GmbH & Co. KG Conditions of cleaning
Am alten Galgen 12, D - 56410 Montabaur
– hereinafter called Petri –
1. Object of the Contract
The conditions of cleaning apply to the execution of cleaning work by Petri, to the use of the cleaning facility by the customer whilst carrying out independent cleaning, as well as to associated subsidiary services.
2. Conclusion of the Contract
The contract comes into force on signature by the driver making the request and acceptance of the request by Petri with the services listed in the request. The customer guarantees that the driver signing for them is legally authorised as a representative to act for them.
3. Scope of the Service
Petri will carry out the cleaning requested as a service. The scope of the cleaning is determined exclusively by the information given by the customer in the request. Hoses, pumps, outlets or the like will only be cleaned if expressly mentioned in the request. If parts are not visible without special investigation, cleaning thereof is not part of the contract unless expressly agreed in the request and the cleaning personnel are expressly shown these parts.
The use of cleaning agents is governed by the “last goods loaded” indicated by the customer. Duration of the cleaning will be determined by the customer. If the customer carries out the cleaning independently, Petri will make the cleaning facility available. The acquisition and choice of cleaning agents will be the responsibility of the customer in this case.
If Petri carries out a check of the cleaning as contractually agreed, this will include a visual check by appropriately trained specialist personnel.
The customer is obliged to name the previous cargo of the container correctly and completely and will confirm this by presenting the freight documents and the delivery note with their signature. If the customer gives false information about the last cargo they shall be obliged to accept liability for all damage.
Any internal cleaning assumes that residue in the container has been removed by the customer. If there is residue in the container the customer shall expressly indicate this in the request. The removal and disposal of residue is therefore only part of the contract if expressly agreed in the contract.
After completion of the cleaning the customer shall check the container together with the other components in contact with the goods carried for normal execution of services and damage.
Complaints shall be made in writing by the driver immediately, i.e. before leaving the company premises. This obligation is also the responsibility of the customer if Petri has contractually undertaken to carry out the check. The check by the customer is particularly applicable if the container has not been dried in accordance with the request made. The customer is aware that in this case a visual check by the cleaning personnel is not possible.
In the case of independent use of the cleaning facility, the customer shall treat the facility with care and consideration. Use is at their own risk. The customer shall observe legal accident prevention regulations as well as the instructions for using the cleaning facility.
Petri is only liable within the framework of legal provisions for deliberate acts and gross negligence. Liability arising for indirect damage to the resulting product or as a result of subsequent processing arising from residue mixing with resulting products is excluded.
In the case of it not being possible to carry out checks, Petri excludes any liability for cleaning with regard to invisible parts such as, for example, boilers, outlets, hoses, airways, pumps and tank outlet supports.
Claims for indemnity through delay or impossibility to perform are limited to ten times payment.
Bills for cleaning are payable immediately and without deductions. If the customer is more than 4 weeks in arrears with payment cash will be demanded for subsequent cleaning.
German law will apply. Application of the customer’s general conditions of business is excluded.
The ineffectiveness of individual provisions of this contract will not affect the effectiveness of the rest of the contract. The parties undertake to replace the ineffective provisions by provisions which come nearest to the desired economic purpose.
Montabaur is the place of fulfilment and jurisdiction for both parties.Back