Terms

Terms

Terms and Conditions

Information for you

  • §1 General Information

MOTION Logistics Network (“MLN”) is the initiator and operator of a worldwide network for logistics partners. MLN organizes new memberships as well as the annual conferences and manages the MLN Payment Protection. Logistics companies checked by MLN can join the network as members in order to cooperate with members in other countries. The individual members are representatives of a country or part of a country.

  • §2 Logistics Network

In the performance of their logistics tasks the members can contact other members of MLN worldwide to receive information about their service sectors and the possibility of mutual exchange of experience. The membership enhances further development and consolidation of worldwide contacts with efficient logistics partners. In the event of a member’s insolvency bad debt losses are financially hedged under the conditions of Section 8.

  • §3 Prerequisites for Membership

Membership requires compliance with standards that have to be kept maintained during it.

This includes without limitation:

  1. compliance with national and international legal regulations for the processing of logistics orders;
  2. mutual support between members;
  3. further development of the logistics network by acquiring new members;
  4. communication of information to MLN to optimize the network such as special performance or disturbances in the execution of contractual relations with other members;
  5. regular payment of membership fees and deposits in compliance with the respective payment deadline;
  6. compliance with the deadlines for payment transactions between members as follows: reminders have to be sent not later than on the 10th of the consecutive month, payments have to be made at the end of the month following that date at the latest.
  • §4 Revision of Membership Prerequisites

MLN is entitled to check whether members meet the requirements listed in §3. MLN decides on membership exclusively. A claim to membership does not exist.

  • §5 Cancellation of Membership

MLN is entitled to cancel membership without notice and without refund

  1. in the event of the opening of insolvency proceedings on the assets of a member or its insolvency;
  2. in the event of a member’s delay of payment towards another member after the third reminder;
  3. if the behavior of a member impedes, adversely affects or defeats the proper conduct of the logistics orders of the other members or of the tasks of MLN;
  4. for infringements of conditions pursuant to Item 1 to 6 of § 3;
  5. in default of payment of deposits or membership fees after the third reminder;
  6. if a member is proven to be not able to make bills on time, either to MLN Head Office or to different individuals.
  7. If a member has been suggested and listed on an industry blacklist/debtors’ list, e.g. Freight Dead Beats or FDRS, on account that becoming a member of the network, and is not able to offer enough evidence just so they be removed.
  8. In case MLN Head Office receives a notice of resignation.
  9. In case the MLN Code of Conduct has not been adhered to (e.G. A Member fails to attend at least one in meetings).
  10. In case a member has dispatched any form of conversation deemed by Head Office to be impolite, unprofessional, misleading, discriminatory, inflammatory or otherwise no longer in step with the spirit of the community. This consists of emails, phone calls and WhatsApp messages, both direct, and in the dedicated MLN WhatsApp Group (MLN Head Office reserve the right to remove any participants deemed in breach of this point, from the community mailing lists or WhatsApp Group).
  11. In case a member is actively associated with a company, institution or affiliation which the MLN Managing Director believes is in direct competition with MLN.
  12. If a member is deemed no longer to be working within the proper spirit of MLN.
  13. If a member and/or any of its employees and/or representatives have any involvement with embargoes and the transport of banned goods, in accordance with UN, EU, US and UK ARMS EMBARGOES AND TRADE CONTROL RESTRICTIONS.
  14. If a member opens an office / trading address in a sanctioned country (consistent with the BAFA sanction list).

The membership ends on dissolution of the member’s company.

In the event of membership termination due to non-compliance of the MLN Code of Conduct, membership fees are not refunded.

 

  • §6 Annual Conferences

MLN plans annual conferences of all members to provide contacts and mutual exchange of experience among themselves. The members are expected to participate in the annual conferences.

  • §7 Membership Fees; Payment Protection Deposits

Membership fees and Payment Protection fees are paid annually in advance. The aforementioned fees are due for payment 15 business day before the first month of the respective year and for newly admitted members 7 business days before their membership admission respectively. Membership is renewed annually, unless the membership is cancelled with 30 days' notice to the end of the respective year. No refunds will be given for failure to meet the cancellation notice period.

  • §8 Reimbursement by Payment Protection

For the reimbursement of bad debt losses from the MLN Payment Protection the following applies:

  1. Each member of MLN has to ensure that the other contracting partner is also a member of MLN before placing respectively acceptance of order. The current list of members is available online at: www.motionlogisticsnetwork.com. Only indisputable outstanding claims of members of MLN will be reimbursed among themselves.
  2. In the case of CC shipments the debtor of MLN at the destination must have received the freight invoice by email or fax in advance, or three days after the arrival of the shipment at the latest.
  3. Each invoice and/or credit note must be reported to the MLN website via ‘The Invoice & Shipment Report’ three days after dispatch of the goods at the latest. A reminder of payment has to be issued on the 10th of the consecutive month.
  4. If payment is not made until the end of the consecutive month despite reminder, MLN is entitled to issue a warning to all members of MLN that further payment claims to that debtor will not be covered by the MLN Payment Protection.
  5. MLN checks unpaid claims for the due date of the invoice and for legality. At this, the creditor has to submit all supporting documents for the payment of buying rates and settlement accounts as well as to verify transport processes by documentary evidence and correspondence.
  6. The creditor is obliged to assert the outstanding claim on the debtor juridically and to try enforcement of the claim and, additionally, has to provide evidence of taking action to MLN Logistics network.
  7. Reimbursement through the MLN Payment Protection excluded in these cases:
    • Dispatch warning prior to placing the order pursuant to Item 4;
    • Agreement on longer periods of payment between creditor and debtor;
    • No information about unpaid invoice to MLN via ‘The Invoice & Shipment Report’;
    • No observance of periods pursuant to Section 8 Items 2 and 3;
    • Participation of a non-enlisted branch of an enlisted member of MLN;
    • Deposit or annual membership fee not fully settled.
  8. Each member of MLN is obliged to pay an initial deposit into Payment Protection and an annual membership fee. Payment of deposit and membership fee is the condition for admission as a member of MLN and potential reimbursement through the MLN Payment Protection. Branches of members have to get registered as independent members.
  9. The maximum annual amount for reimbursement through the MLN Payment Protection is US $ 5,000.00 per basic member, US $ 15,000.00 per premium member and US $ 25,000.00 per platinum member. Total claim allowed per year is US $ 25,000.00. Reimbursements through the MLN Payment Protection are limited to the total amount of deposits in the MLN Payment Protection. The date of reimbursement is 31st March of the consecutive year at the latest. Only real costs for freight and related costs are reimbursable. Costs for claims processing, VAT and legal fees are not reimbursable. Expenses arising due to time delays, contractual penalties, duties, taxes, interest rates or others are excluded from reimbursement. The reimbursement of loss of profit is expressly excluded. MLN can administrate cross-payments of debts and credits of the members involved. Members of MLN that received payments through the MLN Payment Protection must reimburse payments they received from their debtors to the MLN Payment Protection.
  10. Claims processing is carried out by MLN or an authorized representative. The costs are paid by the MLN Payment Protection to MLN or its representative as follows:
    • US $95.00 per hour, with a minimum of US $ 150.00 for claims processing per case of loss;
    • Any travel costs, flight tickets, hotel costs and any costs directly connected with the collection of the receivables;
    • Costs for local lawyers, private detectives and other necessary means.
  11. If the assets in the MLN Payment Protection fall below 50 % of the total members’ deposits in that fiscal year due to reimbursements to members of MLN, each member is obliged to pay a proportional deposit in order to achieve the original amount of assets, with a maximum of US $ 500.00 per member. Members that are enlisted with several branches have to carry the replenishment for each one enlisted. The duty for replenishment must be fulfilled within 30 days after request by MLN.
  12. The liability of MLN is limited to the deposit in the MLN Payment Protection. MLN merely manages the assets in the MLN Payment Protection. MLN is not liable for any claims of members to the MLN Payment Protection.
  13. Cancellation expenses from orders with other members in the event of the latter’s insolvency will be reimbursed by MLN. Reimbursement requires proof of payment default provided by the member concerned. MLN is entitled to estimate the probability of a member’s default. Here, the member concerned is obliged to provide any necessary information and documentation. MLN is allowed to set up other companies or cooperate with other companies.

 

  • §9 Limitation of Liability

MLN is not liable for any claims or damages caused by members. The members are not entitled to any claims for damages - whatever kind - to MLN. This applies to claims and damages, particularly to loss of profit, that are or will be caused within a contractual relationship between members or otherwise. MLN merely arranges contacts between members. Therefore, MLN is not responsible for any events in the business relationship between the members and cannot be held liable for any claims that may arise from the performance of the logistics tasks between members. MLN assumes no liability whatsoever for any reimbursements from the MLN Payment Protection.

 

  • §10 Final Provisions

All agreements between the members and MLN must be in writing. If any individual regulations of this agreement become completely or partially ineffective, the validity of the rest of the agreement will not be affected. The law of the Federal Republic of Germany shall apply exclusively to the legal relations between MLN and the members. The application of the UN Sales Convention is excluded.

Place of performance and place of jurisdiction for any disputes arising from the contractual relationship shall be the head office of MLN.

Payment processing services for MLN are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of MLN enabling payment processing services through Stripe, you agree to provide MLN accurate and complete information about you and your business, and you authorize MLN to share it and transaction information related to your use of the payment processing services provided by Stripe.