5. Transport, freight, packaging, load securing, customs, insurance (national, international)

5.1 Packaging
The packaging of the materials is incumbent upon the consignor/seller. The packaging costs are included in the purchase price. The packaging must be appropriate and proper and adapted to the respective goods' requirements. The packaging must be such that adequate protection of the goods against damage is guaranteed. The same applies when the goods are loaded, transported, transhipped and warehoused – the packaging must ensure that they can be handled and transported safely and securely. Any possible damage to the goods when dispatched as a result of defective or deficient packaging will be paid for by the seller.

5.2 Loading/load securing
When loading consignments which are not being handled using courier, express or parcel services, the consignor must make sure that the securing of the loads on the vehicles is done properly and correctly and, in the event of the load being secured inadequately and unsatisfactorily, the drivers must point this out and, if need be, they must themselves ensure that the load is subsequently secured on the vehicle. (§ 412 of the German Commercial Code, § 22 of the Road Traffic Act).

5.3 National transport
Courier consignments up to 40 kg/gross : For consignments weighing up to40 kg/gross, the UPS courier service is to be used in the absence of any provision to the contrary. Our customer number with UPS is: 674533. The term of delivery agreed for these courier consignments is ex-works unless instructed otherwise.

Consignments with a weight in excess of 40 kg/gross: National transport (within Germany) of consignments weighing more than 40 kg/gross is to be carried out by freight forwarders/haulage contractors specified by us. In the absence of any provision to the contrary, the term of delivery is generally ex-works, the exception being deliveries where franco domicile has been agreed as the mode of freight payment.

5.4 International/worldwide transport
Courier consignments up to 32 kg/gross : For consignments weighing up to 32 kg/gross, DHL Worldwide Express is to be used for international transport. The J.H. Bornemann import express customer number is: 961431754. The mode of freight payment for all consignments is: ex-works (Incoterms 2000).

Consignments with a weight in excess of 32 kg/gross: As regards the international transport of consignments weighing more than 32 kg/gross, there is no obligation to use a specific carrier. The seller is liable for the freight forwarder/haulage contractor used by him (liability for third parties) in so far as he is to blame for the choice of carrier.

5.5 Customs/export control
For deliveries from abroad, the international H.S. codes for the delivered goods are to be stated in the delivery notes/invoices. If the ordered goods are intended for onward export, information must be provided with the order confirmation as to whether the goods are recorded in the export list or whether they are subject to USA re-export restrictions. If no information is provided, we assume that neither applies.