METRANS LLC
Value added tax identification number and registration in the
Commercial Register of Bolzano, no. IT00463140210 R.E.A. 83000
SDI: SUBM70N
Registered office: Via Marie-Curie n. 15, 39100 Bolzano
Registered office: Via Macello n. 25, 39100 Bolzano
Links
Metrans GmbH, the client of the website metrans.app, hereby expressly declares that the linked pages did not contain any illegal content at the time the links were created. Metrans GmbH has no influence whatsoever on the current and future design of the linked pages. Metrans GmbH therefore hereby expressly distances itself from all changes to the content of the linked pages made after the links were created.
Copyright law
Metrans GmbH endeavours to observe applicable copyrights in all publications. Should a copyright infringement nevertheless occur, Metrans GmbH will remove the relevant object from its publication after notification or mark it with the appropriate copyright.
Legal effectiveness
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
GTC
GENERAL TERMS AND CONDITIONS OF CONTRACT AND SERVICES OF Metrans GmbH
§ 1 Service description
1) Our field of activity covers a wide range of services that we provide on a contractual basis. Our activities focus on the following areas:
a.) Application for authorisation
b.) Transport escort
c.) Route exploration
An order placed with us to obtain a permit for a specific transport of our client extends to applying for the permit by obtaining, processing and forwarding all information required by the authorities: our obligation to perform is fulfilled as soon as the permit applied for has been granted or its granting is refused for reasons beyond our control and for which we are therefore not responsible. Our obligation to perform shall only extend to route reconnaissance and/or transport support if such an order has been expressly and separately placed by the client.
4) The client must ensure that all documents and records required for the applications are made available to us in good time.
We assume no liability for the accuracy of the information in the documents and records received. Applications for authorisation can only be submitted if all documents and records are complete. The client must check the validity and accuracy of the documents before sending them. This applies in particular to documents that we receive in the original for storage.
Original documents that we have obtained in Italy, e.g. schede tecniche, which are required as a basis for applying for licences during their period of validity, will only be returned on written request, stating the name of the person to whom they are to be handed over.
If the return of these documents may result in the termination of the business relationship, we reserve the right to hand over these documents only after payment of all our outstanding debts, including the final invoice for the service provided for the storage and monitoring of the due dates of documents such as schede tecniche.
The original documents may be stored for a maximum of one year and if the client does not request the return of the documents after this period, they will be archived without guarantee or liability and will be destroyed after a further year.
§ 2 Validity of the conditions
1. Our offers, order confirmations and services are provided exclusively on the basis of these General Terms and Conditions of Contract and Performance, which shall apply to all future business relationships even without any additional express agreement. Any conflicting terms and conditions of contract and service of the customer are hereby expressly rejected; they shall therefore not become part of the contract even if we do not raise a separate objection beyond this objection.
2. In the event of contradictions between the special contractual agreements and these General Terms and Conditions of Contract and Performance, the contractual agreements shall prevail first, followed by these Terms and Conditions of Contract and Performance.
§ 3 Payments
1. Our services shall only commence if the client fulfils or has fulfilled our terms of payment. In the event of default of payment, all our claims shall become due immediately and all services shall be cancelled.
2. If the customer fails to pay despite the due date, we shall be entitled to charge interest at a rate of 2% above the respective state bank discount rate, even without a reminder stating the reasons for default. The assertion of any further damage caused by default remains unaffected by this.
3. Offsetting against our claim with counterclaims, the exercise of a right of retention or the assertion of reduction claims due to defective services or for other legal reasons is excluded, unless the counterclaim is undisputed or has been legally established.
§ 4 Warranty, liability
1. The warranty is generally governed by the provisions of the Italian Civil Code (BGB), unless otherwise stated in the following provisions.
2. Claims for damages arising from impossibility of performance, non-fulfilment, positive breach of contract, culpa in contrahendo and tort are excluded, unless the damage was caused intentionally or through gross negligence.
a) If we are commissioned to obtain a transport permit, we shall ensure that the permit applications are processed with the diligence of a prudent businessman; no further liability is assumed. In particular, we cannot accept any liability for the issue of the permit, the time of its issue and the content of the permit, as this is at the sole discretion of the competent authority. It is also the sole responsibility of the client to check and ensure the feasibility of the transport on the basis of the authorisation granted.
b) If we are commissioned to provide transport escort services, we shall, with the care of a prudent businessman and on the basis of our experience, commission a reputable escort company that is authorised in Italy or abroad in accordance with road traffic regulations.
No further liability is assumed. In particular, we cannot guarantee that the escort will arrive at the starting point at exactly the right time, as the arrival of the escort vehicles depends primarily on the traffic situation and any obstructions on the route.
Fixed dates for the provision of escort vehicles at the start location can only be fixed on the basis of specific agreement and only on condition that the costs for the arrival of the escort at the start location are covered, at least 6 (six) hours before the planned departure.
c) If we are commissioned to carry out a route survey, we shall commission a company authorised in Italy or abroad with the due care of a prudent businessman and on the basis of our experience. The technical report of these companies will be made available to the client. We cannot accept any liability, as the technical requirements are the sole responsibility of the company commissioned to survey the route. Our task is limited exclusively to forwarding the order on behalf of our client.
4. Only the client is entitled to any warranty claims and claims for damages and are not assignable.
§ 5 Place of fulfilment
The place of fulfilment for the services is exclusively the registered office of the client
§ 6 Place of jurisdiction
All disputes arising from this contract shall be governed by Italian law for both parties. Italian law shall apply to both parties and the place of jurisdiction shall be Bolzano - Italy.
§ 7 Effectiveness of division
1. The headings are for convenience only and have no substantive meaning, in particular not that of an exhaustive regulation.
2. Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which realises the economic purpose pursued by it as far as possible.
