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Motion Logistics Network GmbH
MOTION Logistics Network is the initiator and operator of a worldwide network for logistics partners. MOTION Logistics Network organizes new memberships as well as the annual conferences and manages the MOTION trust fund. Logistics companies checked by MOTION Logistics Network 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.
In the performance of their logistics tasks the members can contact other members of MOTION Logistics Network 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.
Membership requires compliance with standards that have to be kept maintained during it.
This includes in particular:
- compliance of national and international legal regulations for the processing of logistics orders;
- mutual support between members;
- further development of the logistics network by gaining new members;
- communication of information to MOTION Logistics Network to optimize the network such as special performance or disturbances in the execution of contractual relations with other members;
- regular payment of membership fees and deposits;
- 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.
MOTION Logistics Network is entitled to check members whether they meet the requirements listed in §3. MOTION Logistics Network decides on membership exclusively. A claim to membership does not exist. Cancellation expenses from orders with other members in the event of the latter’s insolvency will be reimbursed by MOTION Logistics Network. Reimbursement requires proof of payment default provided by the member concerned. MOTION Logistics Network is entitled to estimate the probability of a member’s default. Here, the member concerned is obliged to provide any necessary information and documentation. MOTION Logistics Network is allowed to set up other companies or cooperate with other companies.
MOTION Logistics Network is entitled to cancel membership without notice
- in the event of the opening of insolvency proceedings on the assets of a member or its insolvency;
- in the event of a member’s delay of payment towards another member after the third reminder;
- if the behaviour of a member impedes, adversely affects or defeats the proper conduct of the logistics orders of the other members or of the tasks of MOTION Logistics Network;
- for infringements of conditions pursuant to Item 1 to 6 of § 3;
- in default of payment of deposits or membership fees after the third reminder;
The membership ends on dissolution of the member’s company.
MOTION Logistics Network 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.
Each member of MOTION pays an annual fee of US $ 500.00 into the trust fund and an annual membership fee of US $ 1,500.00. Branches of members are considered independent members and obliged to the same payments. Payment of deposit into the MOTION trust fund and payment of membership fees are required for admission to and remaining as a member of the MOTION Logistics Network. Membership fees and deposit are always payable until the 3rd of the first month of the year respectively until the 3rd of the first month of admission. By sending the application form to Motion Logistics Network the sender agree Motions terms & conditions. Trust fund fee and Membership fee will be payable by sending the application form to Motion Logistics Network.
For the reimbursement of bad debt losses from the MOTION trust fund the following applies:
- Each member of MOTION has to ensure that the other contracting partner is also a member of MOTION before placing respectively acceptance of order. The current list of members is available online at: www.motion-logisticsnetwork.com. Only indisputable outstanding claims of members of MOTION will be reimbursed among themselves.
- In the case of CC shipments the debtor of MOTION 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.
- Each invoice and/or credit note must be reported to the MOTION Logistics Network 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.
- If payment is not made until the end of the consecutive month despite reminder, MOTION Logistics Network is entitled to issue a warning to all members of MOTION that further payment claims to that debtor will not be covered by the MOTION trust fund.
- MOTION Logistics Network 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.
- 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 MOTION Logistics network.
- Reimbursement through the MOTION trust fund is 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 MOTION Logistics Network 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 MOTION;
- Deposit or annual membership fee not fully settled.
- Each member of MOTION is obliged to pay an initial deposit of US $ 500.00 into the trust fund and an annual membership fee of US $ 1,500.00. Payment of deposit and membership fee is the condition for admission as a member of MOTION and potential reimbursement through the MOTION trust fund. The annual contributions are always payable until the 3rd of the first month of the year respectively until the 3rd of the first month of admission. Branches of members have to get registered as independent members.
- The maximum annual amount for reimbursement through the MOTION trust fund is US $ 10,000.00 per member. The excess per member and order amounts to 20 % and is to be paid into the MOTION trust fund. Reimbursements through the MOTION trust fund are limited to the total amount of deposits in the MOTION trust fund. 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. MOTION Logistics Network can administrate cross-payments of debts and credits of the members involved. Members of MOTION that received payments through the MOTION trust fund must reimburse payments they received from their debtors to the MOTION trust fund.
- Claims processing is carried out by MOTION Logistics Network or an authorized representative. The costs are paid by the MOTION trust fund to MOTION Logistics Network 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 dedectives and other necessary means.
- If the assets in the MOTION trust fund fall below 50 % of the total members’ deposits due to reimbursements to members of MOTION, 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 a month after request by MOTION Logistics Network.
- The liability of MOTION Logistics Network is limited to the deposit in the MOTION trust fund. MOTION Logistics Network merely manages the assets in the MOTION trust fund. MOTION Logistics Network is not liable for claims of members to the MOTION trust fund.
MOTION Logistics Network is not liable for any claims or damages caused by members. The members are not entitled to any claims for damages - whatever kind - to MOTION Logistics Network. 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. MOTION Logistics Network merely arranges contacts between members and cannot be held liable for any claims that may arise from the performance of the logistics tasks between members. MOTION Logistics Network is not liable for any reimbursements from the MOTION trust fund.
All agreements between the members and MOTION Logistics Network 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 MOTION Logistics Network and the members. The application of the UN Sales Convention is excluded.