General Terms and Conditions for Carriers
RESTORE® GROUP
Please Note in Advance
By accepting a freight order by email or by returning a signed order via email or fax, you confirm that you have read and accepted our (1) Information Agreement, (2) Billing Agreement, (3) General Terms and Conditions, Minimum Wage Agreement and Documentation and Retention Obligation
Please also note that we are not obliged to hold you liable in advance or immediately after a breach of contract, nor to send you a so-called reminder. According to the terms and conditions below, deductions may be made without prior notice or reminder. We also reserve the right to directly deduct any contractual penalties, lump sums, deductions, compensation claims on our part or from our customers, as well as unreturned loading equipment and similar items, from the freight payment or any other outstanding freight payments.
By accepting this contract, you expressly agree to all of the above and all of the following terms. Any changes to the contractual terms made by email or on scanned and signed orders will not be accepted and are invalid. You must comply exclusively with our General Terms and Conditions, and if any matters are not regulated therein, international CMR law shall apply.
1. Information Agreement
INFORMATION & STATUS
By accepting this order or one of our shipments, you agree – in addition to the proper execution of the order – to two fundamental obligations: to inform us in a timely manner about loading, unloading, delays, and all other relevant steps. You may inform us via the portal, by email to status@restore-group.com, or through the responsible dispatcher.
Reporting Obligations
(a) Loadings and (b) unloadings must be reported within 60 minutes of completion.
(c) Delays must be reported within 60 minutes of becoming aware of them.
(d) Issues must be reported in the same manner.
(e) Deviations regarding loading meters, weight, or discrepancies in the loaded goods must be reported immediately after loading.If these points or their subpoints are not complied with, a freight deduction of up to 75,00 EUR will be applied.
Proof of Delivery (POD Documents)
Immediately after unloading, but no later than within 24 hours, complete proof of delivery must be submitted to us (in the case of an agreed exchange of loading equipment, the corresponding documents must also be attached). Photos are sufficient as long as they are clear, sharp, and uncropped. Unless otherwise agreed or approved by us, the delivery documents must contain both a signature and a stamp from the unloading site.
If this requirement is not met, a deduction of up to 100.00 EUR will be made from the freight payment.
The proof of delivery must be compiled into a single or multi-page PDF and sent via the portal, by email to pod@restore-group.com, or to the respective dispatcher.
In urgent cases, please contact your responsible dispatcher. You can reach them during our business hours by email or phone.Change of License Plate
If license plates were specified when placing the order and recorded in the order, and the vehicle (and therefore the license plate) is changed later, this must be communicated to us no later than 6 hours before loading.
If no timely notification is made (forgotten or similar), you accept a flat deduction of up to 75,00 EUR from the freight invoice.
2. Billing Agreement
1. Billing via credit note procedure!
Billing is carried out under the credit note procedure. You must send all documents to docs@restore-group.com, including your order signed and stamped.
Documents required for billing are:
– All proof of delivery (for international shipments, proof of delivery alone is not sufficient – the CMR must also be provided) + pallet slips/DPL slips etc., if available.
(If there is no exchange and you fail to have the NON-exchange confirmed on the delivery documents, the loading equipment will be charged to you and deducted!)
– Our order, signed and stamped
– A PDF with your bank details + email address for sending the issued credit note / preferably your memorandum
A credit note will only be issued if all of these documents have been fully submitted by email within 7 days. Otherwise, no credit note will be issued until all documents are complete. We will not inform you about any missing documents!
The standard payment term is 45 days after the credit note has been issued, unless otherwise agreed in the order.
You agree that, provided there is no disadvantage to you as a contractor/carrier, we may freely decide through which company of the restore® Group the credit note will be issued and the payment will be made.
2. S-KONTO Regulation (Fast Payment) / early payment discount
We offer all carriers working for us a Fast-Payment option. Payment term:
5 days with a 7.5% S-KONTO
If you do not explicitly state that you do NOT wish to apply the discount, we reserve the right to make the payment within 5 days with a 7.5% discount, even without any explicit notice.
3. Non-EU International Transfer
If your company is based outside the EU, e.g. in Serbia, Bosnia and Herzegovina, North Macedonia, or any other non-EU country, an amount of 14,90 EUR will be deducted from the total order value when issuing the credit note, to cover the international transfer (bank) fees.
4. Factoring-Klausel
We only accept the assignment of claims to a factoring company or factoring bank exclusively with the Croatian company restore® 2018 d.o.o., Zagreb (HR).
The factoring process must include the signed confirmation from the actual subcontractor, and we reserve the right to contact the subcontractor at any time to verify whether they have truly agreed to the assignment of the claim.
A processing fee of 59,00 EUR will be charged for handling the assignment of claims to factoring companies / factoring banks.
3. Terms and Conditions for Carrers
1. General Agreements
The following agreements apply to all activities of the carrier and also apply to future transport orders, unless and until differing agreements are made.
The order of loading and unloading points must be strictly observed.
In the event of delays, issues in the transport process, or damage to the goods, restore® or the responsible contact person must be informed immediately by email.
All vehicles used must be in a clean, technically, and visually impeccable condition. For curtain-side vehicles, all aluminum or wooden slats must be fully available.
At least 12 straps / locking bars must be carried for load securing!
If the vehicle cannot be loaded by the sender due to technical defects (e.g., leaking tarpaulin, technical malfunction, insufficient condition of the loading area, etc.), the carrier must immediately provide a replacement vehicle. restore® must be informed immediately.
The transfer of the order to third parties (subcontractors) without prior written consent is strictly prohibited.
Transshipments and additional loads are forbidden.
For domestic German transports, a basic liability of 40 SDR/kg gross is agreed in accordance with § 449 Para. 2 Sentence 2 No. 1 HGB.
Deadlines and schedules must be met.
2. Special Agreements
A uniform takeover of the goods is assumed.
Drivers are obligated to carry all transport documents and identification documents, driver card, and driving license.
If the carrier is responsible for loading/unloading or load securing, he must check and ensure this accordingly.
Throughout the entire transport route, the carrier/driver is responsible for ongoing, transport-safe load securing as well as proper re-securing.
Even in the case of partial unloading, load securing must be guaranteed until the final unloading point.
The vehicle used must be suitable for carrying out the transport and be in a technically flawless condition.
The bodywork must be sealed, clean, and odor-free.
In the event of damage due to moisture ingress, we reserve the right to hold the carrier liable.
Deviations (e.g., quantity, quality, delays, etc.) must be reported immediately and noted and confirmed on the consignment note / CMR.
If there are indications on site (e.g., from loading documents or other circumstances) that the value of the goods is significantly higher than stated, instructions must be obtained from restore® without delay.
The carrier must ensure that the vehicles are equipped with suitable load securing equipment (e.g., locking bars, partition fasteners, straps, chains, nets, and anti-slip mats).
Safety shoes are mandatory!
If the requirements are not met, retrofitting will be carried out at the carrier’s expense according to the valid price list of restore®.
Freight payment becomes due only when all verifiable transport documents are available, in particular:
- Proof of delivery with date, time, signature, and stamp (name in block letters!)
- CMR / consignment note
- Copy of the transport order
- Pallet exchange documents from the sender/recipient (if applicable)
The carrier is responsible for ensuring that all social, labor, tax, and other legal regulations for its driving personnel are complied with.
The carrier assures that it possesses all required permits and licenses in accordance with §§ 3, 6 GüKG, as amended (permit, EU license, third-country permit, CEMT permit), and that its personnel hold the necessary work permits.
3. Order Cancellation / Subsequent Cancellation
a.) Please note that after acceptance and confirmation of this order, you have exactly 60 minutes / 1 hour to cancel the order without providing any reason.
For orders with loading scheduled in 48 hours or later, we accept a cancellation within the first 3 hours after acceptance of the order.
b.) After these deadlines have expired, the cancellation of a confirmed/accepted order or shipment will be subject to charges.
c.) By accepting this order/shipment, you expressly agree that in the event of a cancellation under the conditions mentioned above (see a.), a cancellation fee of 20% of the agreed order value, but at least 145.00 EUR (flat rate), will be charged.
This fee is due within 7 days after the invoice is issued.
d.) Additionally, by accepting the order/shipment, you agree that all verifiably incurred costs, including additional expenses for reassigning the shipment as well as compensation claims from our customer, will be fully charged to you.
These amounts must also be paid within 7 days after the invoice is issued.
e.) In the event of complete non-performance by the carrier, 100% of the agreed freight will be invoiced, plus the cancellation fee in accordance with 4.c).
Furthermore, all additional costs arising from the reorganization of the transport will be charged additionally.
We also expressly reserve the right to claim damages, particularly in the event of loss of the customer.
If our customer asserts claims for damages, these will be fully passed on to the carrier.
4. Parking in Guarded Parking Areas
Interruptions of the journey may only take place in guarded parking areas.
Before taking over the transport, the assigned carrier must plan the transport route and ensure that the driver uses only guarded parking areas during required driving breaks.
The list of guarded truck parking areas by IRU is known.
If guarded parking spaces are not available, the route as well as departure and estimated arrival time must be planned in such a way that the vehicle does not have to be parked unattended at night.
A driver remaining in the vehicle but not actively guarding it does not count as supervision.
Regardless of this, trucks must be equipped with standard anti-theft devices.
Before resuming the journey after a break, the driver must always carry out a vehicle inspection.
In particular, driving readiness, locks, and integrity of seals must be checked.
In the event of irregularities, instructions must be obtained from restore® immediately.
If certain delivery procedures have been agreed to reduce the risk of theft, the driver is obliged to hand over the goods exclusively to the persons specified in the transport order.
A change of instructions during transport is excluded for safety reasons.
Drivers must be sufficiently informed about the theft risk and their obligations to safeguard the goods – both verbally and in writing – using a driver instruction sheet regarding guarded parking areas (see IRU list under:
http://www.iru.org/PublicationsAbstract/81.E-Mail.html).
The driver must confirm receipt of the instruction.
In the event of damage, the carrier must be able to prove that all required organizational measures were taken, especially through proper instruction of its drivers or subcontractors.
5. Insurance
The carrier is obliged to take out and maintain liability insurance covering its contractual and legal liability.
The minimum insurance sum must be 250.000,00 EUR.
If the insurance sum in the event of qualified fault (§ 435 HGB or Art. 29 CMR) is below 1.000.000,00 EUR, the carrier is obligated to provide us with a written notification before accepting the order.
If the annual insurance coverage limit is exhausted, the carrier must immediately obtain additional insurance coverage.
The insurance confirmation and proof of payment of the insurance premium must be provided upon first request
6. Loading Equipment / Pallet Exchange
If goods are taken over on Euro pallets, box pallets, or other exchangeable loading equipment, these must be returned or exchanged immediately and free of charge, but no later than 14 days after the respective unloading date.
The original loading equipment documents must be submitted with the billing.
After the unsuccessful expiry of this deadline, the client is entitled – without further reminder – to claim the following amounts for each loading equipment item not exchanged in due time:
- 25.00 EUR net per Euro pallet
- 105.00 EUR net per box pallet
Loading equipment returned after the deadline can no longer be credited.
The exchange process is subject to the applicable liability provisions under HGB (German law) or CMR.
The contractor accepts the billing of loading equipment as binding if no written objection is made within 7 working days after dispatch of the invoice.
After this period, all claims expire.
7. Waiting Time Charges / Additional Kilometers / Detour Freight
Waiting time charges require prior written agreement in each individual case to be valid.
If it becomes apparent that reasonable loading or unloading times may be exceeded, instructions must be obtained from the client immediately.
Compensation for exceeding loading/unloading times of up to 12 hours per event is included in the agreed freight price and excluded beyond that.
Waiting times on Sundays and public holidays are already included in the price.
If, due to the sender’s disposition, additional unloading points are approached or the transport route is shortened, an appropriate, proportionally calculated freight based on the actual distance traveled is owed.
A right of retention or lien based on waiting time charges or possible additional or detour freight is excluded in this context.
It is further agreed that claims for damages in the event of transport damage may be offset.
Air freight transports and air freight substitute transports are excluded.
8. Loading Times and Delivery Deadlines
In cases of delays and late arrival at loading and unloading points, only international CMR law applies.
This means that you may be held liable if costs arise for our customer as a result.
Special Clause:
By accepting this freight order, you expressly agree to the following:
In the event of a delay at the loading location of more than 1 hour / 60 minutes, we are entitled to deduct a flat contractual penalty of 100.00 EUR from the freight without further justification.
In the event of a delay at the unloading location of more than 1 hour (60 minutes), we expressly inform you that by accepting the order, you authorize us to reduce the freight by up to 30%.
In the event of a specifically fixed agreed delivery time, you authorize us to deduct 50% of the order value.
By accepting an order from us, you expressly confirm that you accept and understand this clause.
You explicitly acknowledge that this constitutes a legally permissible individual agreement within the scope of contractual freedom.
Further claims for damages remain unaffected in both cases.
Unloading dates are considered delivery deadlines within the meaning of Art. 19 CMR.
The contractor acknowledges that compliance with delivery deadlines is of essential importance to us.
Before accepting the transport order, the contractor is obligated to independently verify whether the delivery deadline can realistically be met.
9. Lien / Right of Retention
Any lien and/or right of retention by the carrier is hereby expressly excluded.
Withholding goods / cargo to enforce better conditions (e.g., immediate payment or similar) is strictly prohibited!
We emphasize that any such unauthorized attempt to apply pressure or force payment will be considered extortion and will be immediately reported to the local authorities as well as to the platform operators through which we engaged you as a carrier.
10. Minimum Wage Law
The carrier confirms that all employees are employed and paid in accordance with the applicable minimum wage regulations of the country of operation.
The carrier also confirms that this obligation is continuously monitored and agrees to fully indemnify restore® in the event of any violation.
This includes both financial damages and legal consequences.
All costs arising in this context shall be borne entirely by the carrier.
11. Notice for Freight Forwarders / Resale of Orders
If we determine that you are reselling our orders, we reserve the right to retain or deduct 95% of the agreed freight amount as a contractual penalty.
This also applies if you inform us or one of our employees/dispatchers in advance about the use of subcontractors.
Notification alone does not replace our required written consent.Acting as a freight forwarder / reseller does not provide protection against inquiries or direct contact.
We expressly reserve the right to contact the actual executing company at any time and to inquire about loading, unloading, the process, or their payment.
12. Payment Terms / Fast Payment / Discount Regulation
Billing is carried out under the credit note procedure. More information can be found here.
As standard, we offer a payment period of 45 days, provided that all requirements under Section 2 – Billing Agreement have been fulfilled.
Alternatively, fast payment within 5 working days with a 7.5% discount is available, provided that all requirements under Section 2 – Billing Agreement have been fulfilled.
13. Payment Terms / Fast Payment / Discount Regulation
Billing is carried out under the credit note procedure. More information can be found here.
As standard, we offer a payment period of 45 days, provided that all requirements under Section 2 – Billing Agreement have been fulfilled.
Alternatively, fast payment within 5 working days with a 7.5% discount is available, provided that all requirements under Section 2 – Billing Agreement have been fulfilled.
14. Liability
If you breach the terms of this entire agreement consisting of the Information Agreement, Billing Agreement, Note of Bill or Terms & Conditions, we reserve the right to issue you a counter-invoice without further notice and to automatically offset this against your freight invoice. Following our reduced payment, you will only receive a counter-invoice.
In all other cases, such as damage to the goods or other unforeseeable claims by our direct or indirect clients, we will hold you liable, declare liability immediately, but no later than 14 days after the end of the damage event, and send it to you.
You then have the right to prove the opposite at any time.
4. Minimum Wage Agreement
Minimum Wage Act (MiLoG) / Employment Law Obligations
The carrier confirms that it employs and remunerates its employees in accordance with the applicable minimum wage regulations of the country of operation.
The carrier also confirms that it continuously monitors these obligations and undertakes to fully indemnify restore® in the event of any violation.
This includes both financial damages and legal consequences arising from non-compliance.
All resulting costs shall be borne entirely by the carrier.
1. Obligations Under the Minimum Wage Act
The contractor undertakes, for the entire duration of the contract, to:
a) pay all employees at least the legally prescribed minimum wage of the respective country in due time, in accordance with the applicable MiLoG.
b) comply with occupational health and safety regulations as well as working time rules by:
fully documenting the start, end, and duration of the daily working time of its employees no later than the end of the seventh calendar day after the working day, and
keeping these records for at least 2 years.
c) if the contractor is a foreign company:
- to register the employees in writing with the competent labor and customs authority of the respective country before commencing work.
If the contractor uses subcontractors, it must bindingly and provably oblige them to comply with the same obligations.
2. Contractual Penalty
If the contractor culpably breaches the obligations set out in Section 1, it shall be obliged to pay a contractual penalty.
The amount will be determined by the client at its reasonable discretion and may be reviewed by the locally competent court.
3. Extraordinary Right of Termination
In the event of a culpable violation of the obligations set out in Section 1, the client is entitled to terminate the contractual relationship without notice and without prior warning.
4. Indemnification Agreement
The contractor fully indemnifies the client against any third-party claims arising from a violation of the Minimum Wage Act.
This includes:
civil claims,
fines,
claims from social security institutions,
as well as claims from tax authorities.
This indemnification obligation also applies to violations committed by subcontractors engaged by the contractor.
5. Obligation to Provide Evidence
Upon request, the contractor is obligated to provide the client with all necessary wage and time-recording documents required for verification.
Alternatively, a certificate from a tax advisor may be submitted, confirming compliance with the MiLoG obligations.
6. Certificate of Compliance
The client is entitled to regularly request a certificate of compliance from the competent tax office from the contractor.
The contractor undertakes to obtain and submit this certificate immediately upon request.
7. Confirmation by Acceptance of Order
By accepting the order / the shipment, the contractor confirms:
compliance with all of the above obligations, and
the obligation, if necessary, to fully disclose information and cooperate with the client and/or authorities.
5. Documentation and Retention Obligation
Please note: This obligation exists because we work exclusively in a digital manner and aim to simplify the entire process for you.
Through the digital transmission of delivery documents, PODs, orders, and invoices, we enable you to process payments faster and more efficiently.
However, this means that the original documents must still be retained, even if they remain in your possession.
1.) We kindly ask you not to send delivery documents or any other originals by post.
As a carrier, you are required—according to industry practice and legal regulations—to retain these documents.
1.1) Our customers are informed that transport services are subcontracted to carriers.
2.) Depending on the registered office of your company, you are required to retain the documents for a period of 7 to 10 years and provide them to us upon request.
2.1) Therefore, all documents generated during transport (PODs, delivery notes, handwritten annotations, etc.) must be archived carefully and in full.
2.2) Proof of possession of the original documents may be requested by us up to 10 years after the unloading date.
3.) In addition to physical retention, we strongly recommend digitally archiving all documents in order to ensure quick access at any time.
6. Final Provision
By accepting a freight order from us, you expressly agree to all of the following provisions:
- You accept the Information Agreement.
- You accept the Billing Agreement (including the factoring notice).
- You accept our General Terms and Conditions (Terms & Conditions).
- You accept that Croatia – Zagreb is the place of jurisdiction and applicable law, and that legal disputes will be governed by Serbian law.
- You accept the contractual penalties stipulated in this document in the event of non-compliance with the provisions under (1.), (2.), (3.), and (4.).
If individual provisions of this contract or these conditions are wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions.
In place of the invalid or unenforceable provision, a regulation shall be deemed agreed upon that comes as close as possible to the economic purpose of the original provision.
Please note that, in particular, the Information Agreement and the General Terms and Conditions (Terms & Conditions) are valid and may be subject to changes or amendments.
Since we have two branches in different countries – one within the EU and one outside the EU – the applicable law depends on the branch from which the order was issued. Please take this into consideration.
15.11.2025
© All rights reserved, restore® Group – Germany, Croatia, Serbia.
