The Road Transport Agreement is essential for businesses engaging in regular road freight transportation services within Germany. This document is typically used when establishing a formal relationship between a transport service provider and a client requiring ongoing transportation services. The agreement ensures compliance with German transportation law, particularly the German Commercial Code (HGB) and the German Road Haulage Act (G眉KG), while incorporating relevant EU regulations. It's designed to clearly define the operational parameters, service levels, pricing structures, and risk allocation between parties. The document becomes particularly crucial when regular shipments are involved, valuable goods are being transported, or specific handling requirements need to be documented. It serves as a comprehensive framework that protects both parties' interests while ensuring regulatory compliance in the German transportation sector.
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1. Parties: Identification of the transport company and the client, including full legal names, registration details, and addresses
2. Background: Brief context of the agreement and the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Scope of Services: Detailed description of transport services to be provided, including types of goods, routes, and frequency
5. Obligations of the Carrier: Carrier's responsibilities including compliance with regulations, vehicle maintenance, driver requirements, and safety measures
6. Obligations of the Client: Client's responsibilities including proper packaging, accurate documentation, and loading/unloading requirements
7. Pricing and Payment Terms: Transport rates, payment schedule, invoicing procedures, and any additional charges
8. Liability and Insurance: Allocation of risks, insurance requirements, and limitation of liability in accordance with German law
9. Duration and Termination: Contract term, renewal provisions, and termination conditions
10. Force Majeure: Circumstances excusing performance and related procedures
11. Confidentiality: Protection of business information and trade secrets
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
13. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Dangerous Goods Transport: Include when agreement covers transport of hazardous materials, specifying additional safety requirements and special procedures
2. Temperature-Controlled Transport: Include for transportation of temperature-sensitive goods, detailing specific requirements and monitoring procedures
3. Customs Handling: Include for cross-border transportation, specifying responsibilities for customs documentation and procedures
4. Subcontracting: Include if the carrier is permitted to subcontract services, specifying conditions and approval requirements
5. Environmental Compliance: Include for specialized environmental requirements or green transport initiatives
6. Digital Systems and Data Protection: Include when using tracking systems or handling personal data, ensuring GDPR compliance
7. Quality Management: Include when specific quality standards or certifications are required
8. Performance Metrics: Include when specific KPIs and performance monitoring are part of the agreement
1. Schedule 1 - Service Specifications: Detailed description of transport routes, frequencies, and specific service requirements
2. Schedule 2 - Price List: Detailed breakdown of rates, surcharges, and special service fees
3. Schedule 3 - Vehicle Specifications: List of approved vehicles and their specifications
4. Schedule 4 - Operating Procedures: Detailed procedures for loading, unloading, documentation, and emergency situations
5. Schedule 5 - Insurance Certificates: Copies of required insurance policies and coverage details
6. Schedule 6 - Contact Details: List of key contacts and escalation procedures
7. Appendix A - Required Documentation: Templates and examples of required transport documentation
8. Appendix B - Quality Standards: Specific quality requirements and measurement criteria
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