1.1 Delivery
The term "delivery" also includes delivery in the case of warehouse transactions.
1.2 Client
The legal entity that concludes a transport contract with the freight forwarder.
1.3 Goods at risk of theft
It's a good thing that you are exposed to an increased risk of robbery and theft, such as money, precious metals, jewellery, watches, gemstones, works of art, antiques, credit cards, credit cards or other means of payment, securities, securities, documents, spirits, tobacco products, consumer electronics, telecommunications equipment, IT equipment and accessories as well as chip cards.
1.4 Recipients
The legal entity to which the goods are to be delivered in accordance with the transport contract or on the basis of effective instructions from the client or another person entitled to dispose of the goods.
1.5 Vehicle
A means of transport used to transport goods on transport routes.
1.6 Dangerous goods
Goods that may pose an immediate danger to persons, vehicles and legal interests of third parties, even in the context of normal transport, storage or other activities. Dangerous goods are in particular those goods that fall within the scope of application of relevant dangerous goods laws and ordinances as well as hazardous substances, water or waste law regulations.
1.7 Loading equipment
Means of grouping packages and forming load units, e.g. pallets, containers, swap bodies, containers.
1.8 Loading point/unloading point
The postal address, unless the parties have made a more precise location.
1.9 Performance time
The time (date, time) at which a certain service is to be provided, e.g. a time window or a point in time.
1.10 Packages
Individual items or units formed by the customer for the purpose of processing the order, with and without loading equipment, which the freight forwarder must handle as a whole (freight items within the meaning of §§ 409, 431, 504 HGB).
1.11 Claim/Loss Event
A claim occurs when an injured party asserts a claim under a transport contract or instead of a claim under a transport contract on the basis of an external event; a loss event occurs when several injured parties assert claims under several transport contracts due to an external event.
1.12 Interface
After and before delivery of the goods by the freight forwarder, each transfer of the goods from one legal entity to another, each transfer from one vehicle to another, each (interim) storage.
1.13 Freight forwarder
The legal entity that concludes a transport contract with the Client. Freight forwarders in this sense are, in particular, carriers within the meaning of Section 407 of the German Commercial Code (HGB), freight forwarders within the meaning of Section 453 of the German Commercial Code (HGB), warehouse keepers within the meaning of Section 467 of the German Commercial Code (HGB) and carriers within the meaning of Sections 481 and 527 of the German Commercial Code (HGB).
1.14 Transport contracts
Contracts of the freight forwarder for all types of activities, regardless of whether they relate to freight forwarding, freight, sea freight, warehousing or other business normally belonging to the freight forwarding industry (e.g. customs clearance, shipment tracking, transshipment). These also include logistical services customary for freight forwarding if they are related to the transport or storage of goods, in particular activities such as the formation of loading units,
Picking, labeling and weighing of goods and returns processing. Contract transport contracts for the provision of manned motor vehicles for use in accordance with the instructions of the client shall also be deemed to be freight contracts.
1.15 Shippers
The legal entity that hands over the goods for transport in accordance with the transport contract or on the basis of an effective instruction.
1.16 Essential contractual obligations
Duties the fulfilment of which is essential for the proper performance of the transport contract (Clause 1.14) and on the fulfilment of which the contractual partner may regularly rely.
1.17 Valuable asset
Good with an actual value at the place and time of takeover of at least 100 euros/kg.
2.1 The ADSp shall apply to all transport contracts of the freight forwarder as a contractor.
2.2 Legal provisions, from which no deviation may be made by means of pre-formulated contractual terms, take precedence over the ADSp.
2.3 The ADSp do not apply to transactions that have as their sole object
2.3.1 Packaging work,
2.3.2 the transport and storage of goods to be towed or salvaged,
2.3.3 the transport and storage of removal goods within the meaning of Section 451 of the German Commercial Code (HGB),
2.3.4 Storage and digitisation of files; Files are all types of embodied and digitized business papers, documents, data carriers and similar items used to collect information,
2.3.5 Heavy or oversized transports, the performance of which requires a transport permit under traffic law or
Exemption required, crane services and related assembly work.
2.4 The ADSp do not apply to transport contracts with consumers within the meaning of Section 13 of the German Civil Code.
3.1 The Client shall inform the Freight Forwarder in good time of all material factors known to it that influence the execution of the order. These include
3.1.1 Addresses, type and condition of the goods, the gross weight (including packaging and packaging)
loading equipment provided) or the quantity, characteristics, numbers, number and type of packages, special characteristics of the goods (such as live animals, plants, perishability), the value of the goods (e.g. for customs purposes or insurance of the goods in accordance with Clause 21), and delivery times,
3.1.2 all obligations under public law, e.g. customs law, foreign trade law (in particular embargoes relating to goods, persons or countries) and security law,
3.1.3 in the case of sea transport, all data required by maritime safety regulations (e.g. SOLAS) in the prescribed form,
3.1.4 Third parties with regard to existing industrial property rights, e.g. trademark and licensing restrictions associated with the possession of the goods, as well as legal or official obstacles that stand in the way of order processing,
3.1.5 special technical requirements for the means of transport and special load securing equipment to be provided by the freight forwarder.
3.2 In the case of dangerous goods, the Client shall inform the Freight Forwarder in good time in text form of the quantity, the exact nature of the
of the danger and, if necessary, of the precautions to be taken. In the case of dangerous goods within the meaning of the Act on the Transport of Dangerous Goods or other goods for the transport or storage of which there are special provisions of dangerous goods or waste law, the Client shall provide the information required for the proper performance of the order, in particular the classification in accordance with the relevant Dangerous Goods Act, and shall hand over the necessary documents at the latest upon handover of the goods.
3.3 In the case of valuable goods or goods at risk of theft, the Client shall inform the Freight Forwarder in text form
inform about the nature and value of the goods and the existing risk, so that the freight forwarder can decide on the acceptance of the order or take appropriate measures for the safe and damage-free execution of the order. If he accepts this order, the freight forwarder is obliged to take appropriate security measures to protect the goods.
3.4 The Client shall provide the Freight Forwarder with all documents and other documents and provide information (e.g. classification) which is necessary in particular for the proper customs or other legally prescribed handling of the goods – this also includes security checks, e.g. for air freight shipments.
4.1 The Freight Forwarder shall look after the interests of the Client. He has carried out the order given to him on the basis of
examine obvious defects and immediately notify the Client of all risk circumstances known to him for the execution of the order. If necessary, he must obtain instructions.
4.2 The Freight Forwarder shall ensure that the vehicles used by it for transport processing,
load-securing equipment and, if the provision of loading equipment has been agreed, these must be carried out in a technically flawless manner.
condition, comply with the legal regulations and the requirements for the goods set out in the transport contract. Vehicles and loading equipment must be equipped with the usual devices, equipment or procedures for protection against dangers to the goods, in particular load securing equipment. Vehicles should be low-emission, noise-reduced and energy-saving.
4.3 The Freight Forwarder shall employ reliable and professionally trained, suitable and properly employed drivers in accordance with the activity and, if necessary, with a driver's certificate.
4.4 The Freight Forwarder shall carry out a house,
operating or construction site regulations.
Section 419 of the German Commercial Code (HGB) remains unaffected.
4.5 The Freight Forwarder is entitled to request the customs clearance from the issuance of a written power of attorney
which enables him to represent him directly.
4.6 If the freight forwarder is commissioned with the cross-border transport of the goods or import or export clearance, this order shall in case of doubt also include customs or other statutory
the prescribed treatment of the goods, if without them the cross-border transport to the place of destination is not feasible. In doing so, he may
4.6.1 Open packaging if this is necessary for the purpose of carrying out a legally prescribed
control (e.g. freight forwarder as regulated agent), and then take all measures necessary for order processing, e.g. repackage the goods,
4.6.2 interpret the duties assessed by the customs authorities.
4.7 In the event of damage to goods or delay, the Freight Forwarder shall, at the request of the Client or
recipient shall immediately provide the recipient with all necessary and
to provide him with information he knows.
4.8 In the absence of an express agreement, the order placed with the Freight Forwarder does not include
4.8.1 the provision and exchange of pallets or other loading equipment,
4.8.2 the loading and unloading of the goods, unless otherwise arising from circumstances or custom,
Other
4.8.3 a transhipment ban (Section 486 of the German Commercial Code does not apply),
4.8.4 the provision of a tracking system, except as is customary in the industry, without prejudice to clause 14;
4.8.5 Returns, Transfers and Concealed Additional Loads.
If, in deviation from the order, one or more additional packages are handed over by the customer for transport and the freight forwarder accepts this package or packages for transport, the freight forwarder and the customer conclude a new transport contract for this good. In the case of returns or concealed additional loads, the following apply:
in the absence of deviating agreements, the provisions of the original transport contract shall apply. Clause 5.2 remains unaffected.
4.9 Further performance and information obligations, e.g. on quality management measures and
compliance with them (audits) as well as monitoring and evaluation systems and key performance indicators require explicit agreement.
5.1 At the request of a Party, each Party shall, for the purpose of receiving information,
and inquiries for the execution of the contract and shares the names and contact addresses of the other party. This information must be updated in the event of changes. If a party does not designate a contact person, the person who concluded the transport contract for the party shall be deemed to be the contact person.
Information obligations that go beyond the law,
e.g. on measures taken by the freight forwarder in the event of disruptions, in particular an imminent delay in acceptance or delivery, in the event of obstacles to transport or delivery, damage to the goods or other disruptions (emergency concept) require express agreement.
5.2 In the absence of an express agreement, contractual declarations by warehouse and driving personnel shall require the approval of the respective contracting party in order to be effective.
5.3 The Client shall ensure that the Shipper or Recipient provides the Client with the
makes declarations necessary for the execution of the transport contract at the loading or unloading point and performs actual acts, such as handing over or taking over the goods.
5.4 If this has been agreed between the Client and the Freight Forwarder, the parties will be notified by EDI
(Electronic Data Interchange) Shipment data including invoicing
transmit or receive. The transmitting party bears the risk of loss, completeness and accuracy of the transmitted data.
5.5 In the case of an agreement pursuant to Clause 5.4, the parties shall ensure that their own IT system is operational.
and the usual security and control measures are in place to ensure that the electronic
Protect data exchange from access by third parties and from alteration, loss or destruction
electronically transmitted data. Each party is obliged to inform the other party in a timely manner
changes in their IT system that may have an impact on electronic data interchange.
5.6 Documents created electronically or digitally, in particular proof of delivery, are subject to written
documents. In addition, each party is entitled to archive written documents only electronically or digitally and to destroy the originals in compliance with the legal regulations.
6.1 The goods must be packed by the Client and, if necessary, provided with clear and durable markings for their handling in accordance with the order. Old license plates are to be
or make them unrecognizable. The same applies to packages.
6.2 In addition, the Client is obligated to:
6.2.1 to mark packages belonging to a consignment as recognisable as belonging together,
6.2.2 Prepare packages – if necessary – in such a way that the contents can be accessed without leaving
externally visible traces is not possible.
7.1 If loading or unloading takes place at more than one loading or unloading point, the Freight Forwarder shall adjust
Completion of the safe loading of a goods, the load securing is carried out continuously until the
last unloading point.
7.2 The Freight Forwarder is obliged to carry out checks at each interface. He has brought the estate to completeness
and identity as well as externally recognizable damage and integrity of labels, seals and closures
and document irregularities.
8.1 The freight forwarder must acknowledge the acceptance of the goods – if necessary with reservations.
In case of doubt, the freight forwarder only confirms the number and type of packages with the acceptance receipt,
but not their contents, value, weight or otherwise stated quantity.
8.2 In the case of pre-loaded or closed loading units such as containers or swap bodies and in advance by the
data transmitted to the client, the correctness of a takeover receipt on the number and type of
loaded packages as refuted if the freight forwarder immediately informed the customer of (quantity) differences
and reports damage after unloading the load unit.
8.3 As proof of delivery, the Freight Forwarder shall provide the Recipient with a delivery receipt for the
order or in other accompanying documents. If the recipient refuses to
to issue the delivery receipt, the freight forwarder must obtain instructions.
The Client may request the delivery of the delivery receipt within one year of delivery
of the good.
8.4 All signed documents proving the execution of the order, such as delivery notes, forwarder takeover notes, freight forwarders and sea waybills, serve as acceptance or delivery receipts,
Bills of lading or bills of lading.
8.5 The receipt of acceptance or delivery may also be issued electronically or digitally, unless
because the client requires the issuance of a consignment or sea waybill, bill of lading or bill of lading.
The freight forwarder is obliged to observe any instructions given to him after the conclusion of the contract regarding the goods,
unless the execution of the instruction threatens disadvantages for the operation of his company or
to cause damage to the principals or recipients of other shipments. If the
forwarder not to comply with an instruction given to him, he shall have the person who gave the instruction
immediately.
The notification of the contracting authority that the order is to be processed freight collect or that it is to be processed in accordance with the
Incoterms for the account of the recipient or a third party does not affect the obligation to
of the Client vis-à-vis the freight forwarder, the remuneration and other expenses
(freights, customs duties and other charges). Cash on delivery instructions, e.g. according to § 422 HGB, Art. 21
CMR remain unaffected.
1.1 If the Client has to load or unload the goods, he is obliged to carry out the agreed
to comply with reasonable charging or discharging time.
11.2 In road freight transport, is a time or time window agreed for the provision of a vehicle
or notified by the freight forwarder, without objection from the customer, shipper or consignee, the loading or unloading time for full loads (but not for bulk goods) is a maximum of 2 hours for loading or unloading for vehicles with a permissible total weight of 40 tonnes, regardless of the number of consignments per loading order unloading point. For vehicles with a lower total weight, reduce
these periods are appropriate on a case-by-case basis.
11.3 The loading or unloading time begins with the arrival of the road vehicle at the loading or unloading point
(e.g. notification to the gatekeeper) and ends when the client or recipient fulfils his obligations
has complied in full. If a specific performance time has been agreed for the presentation of the road vehicle at the loading or unloading point, the loading or unloading time shall not begin before the time agreed for the provision.
11.4 If the loading or unloading time is exceeded on the basis of a contractual agreement or for reasons that are not attributable to the Freight Forwarder's area of risk, the Client shall provide the Freight Forwarder with the agreed
otherwise to pay an appropriate demurrage as remuneration.
11.5 The above provisions shall apply mutatis mutandis if the Freight Forwarder is obliged to load or unload the goods and the Client is exclusively obliged to make the goods available for loading or to receive them after unloading.
12.1 If the freight forwarder is unable to take over the goods or cannot take possession of them in time, he must notify the customer or shipper of this without delay and obtain appropriate instructions.
Application. The Client shall remain entitled to terminate the transport contract without the Freight Forwarder being entitled to assert claims pursuant to Section 415 (2) of the German Commercial Code (HGB).
12.2 Impediments to performance that are not attributable to the area of risk of a Contracting Party shall exempt the
parties to the contract for the duration of the disruption and the extent of its effect from the performance obligations. Such impediments to performance are considered to be force majeure, riots, acts of war or terrorism, strikes and lockouts, blockade of transport routes and other unforeseeable, unavoidable and serious events. In the event of an impediment to performance, each party to the contract is obliged to inform the other party without delay; the freight forwarder is also obliged to obtain instructions from the client.
13.1 If, after arrival at the unloading point, it becomes apparent that the unloading cannot be carried out within the unloading time, the Freight Forwarder must notify the Client of this immediately and take appropriate action.
instructions. Section 419 of the German Commercial Code (HGB) shall apply.
13.2 If the Freight Forwarder is unable to comply with the agreed performance time or – in the absence of an agreement – a reasonable time for the delivery of the goods, he must obtain instructions from his client or the recipient.
13.3 If the recipient is not found in his or her home, in the business premises or in a community facility where the recipient lives, the goods may be delivered unless there are obvious doubts as to their entitlement to receive
13.3.1 in the home to an adult family member, a person employed in the family
or an adult permanent roommate,
13.3.2 in business premises to a person employed there,
13.3.3 in the case of community facilities, the head of the institution or an authorised representative.
13.4 If the Freight Forwarder has entered into an agreement with the Client or Recipient according to which:
the delivery is to take place without physical handover to the recipient (e.g. night, garage or
conveyor belt delivery), delivery takes place with the actual provision of the goods at the agreed location.
13.5 The delivery may only be made under the supervision of the Client, the recipient or a third party authorised to receive the
follow. Sections 13.3 and 13.4 shall remain unaffected.
14.1 The Freight Forwarder shall be obliged to provide the Client with the necessary notifications, upon request
to provide information on the status of the transaction and to give an account of its execution; however, he is only obliged to disclose the costs if he acts on behalf of the client.
14.2 The Freight Forwarder is obliged to provide the Client with everything that he receives for the execution of the transaction and what
from the management.
15.1 The Client shall pack and mark the goods as far as necessary and provide documents for the
as well as to provide all information that the freight forwarder needs for proper storage.
15.2 Storage shall be carried out at the discretion of the Freight Forwarder in his own or, unless otherwise contractually agreed.
in other people's storage rooms. If the freight forwarder stores with a third-party stockholder,
he shall immediately notify the Client in writing of his name and the place of storage or, if a storage document has been issued, make a note on the latter.
15.3 The Freight Forwarder shall be responsible for the proper maintenance and care of warehouses and other
storage areas, the access roads on the business premises and the security of the goods, in particular against theft. Further safety measures, which go beyond the statutory fire protection regulations, for example, require an express agreement.
15.4 In the absence of a different agreement
15.4.1 the acceptance of the goods for storage shall commence with the commencement of the unloading of the vehicle by the
forwarder and the delivery of the goods ends with the completion of loading by the forwarder,
15.4.2 inventory management is carried out by the freight forwarder's warehouse management system,
15.4.3, one physical inventory is carried out per year. On the instructions of the Client, the Freight Forwarder shall carry out further physical
inventories against reimbursement of expenses.
15.5 The Freight Forwarder undertakes, upon taking possession of the goods, if he has reasonable means to check the goods.
to carry out an incoming inspection according to the type, quantity and nature of the goods, signs, numbers, number of packages as well as externally recognizable damage in accordance with § 438 HGB.
15.6 In order to secure the goods, regular checks must be carried out by suitable personnel of the freight forwarder.
15.7 In the event of shortages and feared changes to the goods, the Freight Forwarder shall inform the Client
immediately and to obtain instructions. Section 471 (2) of the German Commercial Code (HGB) remains unaffected.
15.8 Further performance and information obligations require an express agreement.
The agreed remuneration, which includes the costs of transport and storage, covers all services to be provided under the transport contract. Additional claims for costs incurred in the regular course of transport or warehousing and foreseeable at the time of submission of the tender cannot be asserted separately, unless otherwise agreed. Calculation errors are at the expense of the calculator. Sections 412, 418, 419, 491, 492, 588 to 595 of the German Commercial Code (HGB) and comparable provisions from international conventions remain unaffected.
17.1 The Freight Forwarder shall be entitled to reimbursement of the expenses which it considers necessary under the circumstances
in particular contributions to salvage proceedings, detention or demurrage costs, repackaging for the protection of the goods.
17.2 If the Client instructs the Freight Forwarder to receive goods and to ensure that the goods are
freight, cash on delivery, customs duties, taxes or other charges or expenses are demanded from the Freight Forwarder, the Freight Forwarder shall be entitled, but not obliged, to interpret them – to the extent that he was entitled to consider them necessary under the circumstances – and to demand reimbursement from the Client, unless otherwise agreed.
17.3 Expenses such as freight claims, contributions to customs proceedings, customs duties, taxes and other
Duties imposed on the freight forwarder, in particular as the person entitled to dispose of them or as the owner of third-party goods, must be exempted by the customer upon request, if the freight forwarder is not responsible for them.
18.1 Claims for remuneration by the Freight Forwarder require receipt of a certificate that meets the statutory requirements.
Invoice or payment statement. In the absence of a different agreement, the due date in the case of undisputed delivery does not require the submission of proof of delivery.
18.2 The Freight Forwarder shall be entitled to demand payment from foreign Clients or Recipients in their national currency or in Euros at its discretion.
18.3 If the Freight Forwarder owes foreign currency or interprets foreign currency, he is entitled either to
to demand payment in the foreign currency or in euros. If he demands payment in euros, the conversion shall be made at the rate officially fixed on the day of payment by the freight forwarder, which the freight forwarder must prove.
18.4 Payment processing in the credit note procedure must be expressly agreed. In case of doubt, the
Client to issue credits immediately after service has been performed. Point. 18.1 Sentence 1 shall apply to the
Credit note procedure does not apply.
In the case of claims arising from the transport contract and related non-contractual claims, set-off or retention is only permissible if the counterclaim is due, undisputed, ready for a decision or has been legally established.
20.1 In order to secure its claims arising from services under the transport contract, the Freight Forwarder may invoke the statutory rights of lien and retention to which it is entitled.
20.2 The realisation of the pledge shall be carried out in accordance with the statutory provisions with the proviso that:
20.2.1 when exercising the statutory lien of the carrier or carrier, the threat of the pledge sale and the necessary notifications must be addressed to the recipient,
20.2.2 replaces the period of one month specified in § 1234 of the Civil Code with the period of one week.
20.3 The Client shall be entitled to prohibit the exercise of the lien if he has
an equivalent means of security with regard to his claims (e.g. joint and several bank guarantee)
admits.
21.1 The Freight Forwarder shall arrange for the insurance of the goods (e.g. transport or storage insurance) with a
insurer of his choice, if the client instructs him to do so before handing over the goods.
21.2 The Freight Forwarder shall arrange for the insurance of the goods if this is in the interest of the Client
lies. The freight forwarder may assume this in particular if
21.2.1 in the case of a previous transport contract in the context of an ongoing business relationship, the Freight Forwarder
insurance,
21.2.2 the Client has stated in the order a "value of goods for insurance of the goods".
21.3 The presumption of interest in covering an insurance policy pursuant to Clause 21.2 exists in particular
not if
21.3.1 the Client prohibits the roofing,
21.3.2 the Client is a freight forwarder, carrier or warehouse keeper.
21.4 When procuring insurance, the Freight Forwarder shall comply with instructions from the Client, in particular with regard to:
sum insured and the risks to be covered. If he does not receive instructions, the freight forwarder must decide at his dutiful discretion on the type and scope of the insurance and take it out at market conditions.
21.5 The Freight Forwarder may not be able to provide a
insurance cover, the freight forwarder must inform the client of this immediately.
21.6 If, after conclusion of the contract, the Freight Forwarder procures insurance on the instructions of the Client,
if he undertakes the collection of a compensation amount or other activities in the settlement of insurance claims and claims, he is entitled to a locally customary, otherwise appropriate remuneration in addition to the reimbursement of his expenses, even without an agreement.
22.1 The Freight Forwarder shall be liable for damages in accordance with the statutory provisions. However, the following regulations apply, unless mandatory or general terms and conditions stipulate otherwise.
22.2 In all cases in which the Freight Forwarder is liable for loss or damage to the goods (damage to goods) in accordance with Sections 23.3 and 24, he must pay compensation for value and costs in accordance with Sections 429, 430, 432 of the German Commercial Code (HGB) instead of damages.
22.3 In the event of inventory discrepancies, the Freight Forwarder may, in the event of simultaneous shortages and overstocking of the same contractor,
in order to determine the compensation for the value in the cases covered by Section 24, carry out a weight-based offsetting of the inventory.
22.4 If the Freight Forwarder has claims against a third party arising from a claim for which it is not liable, or if it has
if the freight forwarder has claims for compensation against a third party that exceed his own liability, he shall assign these claims to the client at the latter's request, unless the freight forwarder assumes the prosecution of the claims for the account and risk of the client on the basis of a special agreement. Sections 437 and 509 of the German Commercial Code (HGB) remain unaffected.
23.1 The Freight Forwarder's liability for damage to goods in his care pursuant to Section 431 (1), (2) and (4) of the German Commercial Code (HGB) shall be limited in amount as follows, with the exception of damage resulting from sea transport and ordered storage:
23.1.1 to 8.33 Special Drawing Rights for each kilogram if the carrier
– Carriers within the meaning of Section 407 of the German Commercial Code (HGB),
– Freight forwarder in self-entry, fixed cost or groupage freight forwarder within the meaning of §§ 458 to 460 HGB
or
– is a custody forwarder within the meaning of Section 461 (1) of the German Commercial Code (HGB);
23.1.2 to 2 instead of 8.33 Special Drawing Rights for each kilogram if the Principal has concluded a transport contract with the Freight Forwarder for carriage by various means of transport, including sea transport, and the place of the damage is unknown. If the place of damage is known, liability is determined in accordance with Section 452a of the German Commercial Code (HGB), taking into account the exclusions of liability and limitations of liability in the ADSp.
23.1.3 If the Freight Forwarder's liability under Clause 23.1.1 exceeds an amount of EUR 1.25 million per claim,
its liability is also limited from each claim to a maximum amount of 1.25 million euros or 2 Special Drawing Rights for each kilogram, whichever is greater.
23.2 The liability of the Freight Forwarder in the event of damage to goods in his care shall be limited in the case of a transport contract relating to a
maritime transport and, in the case of international transport, to the maximum amount of liability laid down by law for such transport. Item 25 remains unaffected.
23.3 In the cases not covered by Sections 23.1 and 23.2 (such as Section 461 (2) of the German Commercial Code (HGB), Sections 280 et seq. of the German Civil Code (BGB)), liability shall be
of the freight forwarder for damage to goods in accordance with Section 431 (1), (2) and (4) of the German Commercial Code (HGB)
23.3.1 in the case of a transport contract for carriage by sea or by various means of transport, including carriage by sea, to 2 Special Drawing Rights for each kilogram,
23.3.2 for all other transport contracts to 8.33 Special Drawing Rights for each kilogram.
23.3.3 In addition, the Carrier's liability is limited to a maximum of one amount from each claim
of 1.25 million euros.
23.4 The Freight Forwarder's liability for damage other than damage to goods with the exception of damage to the goods
Storage, personal injury and property damage to third-party property is limited to three times the amount that would be payable in the event of loss of the property in accordance with Clause 23.3.1 or 23.3.2. In addition, the liability of the freight forwarder is limited to a maximum amount of 125,000 euros from each claim.
23.4.1 Sections 413 (2), 418 (6), 422 (3), 431 (3), 433, 445 (3), 446 (2), 487 (2), 491 (5), 520 (2), 521 (4), 523 of the German Commercial Code (HGB) as well as corresponding liability provisions in international conventions, from which no deviation may be made by means of pre-formulated contractual terms, shall remain unaffected.
23.4.2 Clause 23.4 does not apply to statutory provisions such as Art. 25 MT, Art. 5 CIM or Art. 20
CMNIs that extend or allow the carrier's liability to be extended.
23.5 If the Freight Forwarder's liability under Clauses 23.1, 23.3 and 23.4 exceeds an amount of EUR 2.5 million per damage event, its liability shall also be limited to a maximum of EUR 2.5 million per damage event or 2 Special Drawing Rights for each kilogram of lost and damaged goods, whichever is higher; in the case of several injured parties, the Freight Forwarder shall be liable on a pro rata basis in the Ratio of their claims.
24.1 The liability of the freight forwarder in the event of damage to goods is limited in the amount of ordered storage
24.1.1 in accordance with Section 431 (1), (2) and (4) of the German Commercial Code (HGB) to 8.33 Special Drawing Rights for each kilogram,
24.1.2 a maximum of EUR 35,000 per claim.
24.1.3 If the damage suffered by a Client consists of a difference between the target and actual stock of the stock,
the liability of the freight forwarder is limited to EUR 70,000 per year, in deviation from Section 24.1.2, regardless of the number and form of the inventories carried out and the number of claims causing the inventory difference.
24.2 The Client may, in return for payment of a surcharge to be agreed, specify in text form before storage a value to increase liability that exceeds the maximum amounts specified in Clause 24.1. In this case, the value stated in each case shall replace the maximum amount in question.
24.3 The Carrier's Liability for Damage Other than Damage to Goods with the Exception of Personal Injury and Property Damage
of third-party goods is limited to 35,000 euros per claim in the case of ordered storage.
24.4 The liability of the Freight Forwarder – with the exception of personal injury and property damage to third-party goods – shall be limited to
in any case, regardless of how many claims are made from a loss event, limited to EUR 2.5 million per loss event in the case of ordered storage; in the case of several injured parties, the freight forwarder shall be liable proportionately in proportion to their claims. Section 24.2 remains unaffected.
25.1 In accordance with Section 512 (2) No. 1 of the German Commercial Code (HGB), it is agreed that the freight forwarder in his position as carrier is not responsible for the fault of his employees and the ship's crew if the damage is caused by conduct in the management or other operation of the ship, but not in the execution of measures that were predominantly taken in the interest of the cargo, or caused by fire or explosion on board a ship.
25.2 Pursuant to Art. 25 para. 2 CMNI, it is agreed that the Freight Forwarder, in his position as carrier or executing carrier, shall not be liable for damage that:
25.2.1 be caused by an act or omission of the skipper, pilot or other legal entity in the service of the ship or a push or tow boat in the course of nautical guidance or the composition or dissolution of a push or towing convoy, provided that the Freight Forwarder has fulfilled its obligations under Article 3 (3) CMNI with regard to the crew, unless the act or omission is carried out with the intention of: to cause the damage, or to commit it recklessly and in the knowledge that such damage
will probably occur,
25.2.2 has been caused by fire or explosion on board the vessel without it being proved that the fire or explosion was caused by the fault of the carrier, the executing carrier or their servants or agents or by a defect on the part of the ship;
25.2.3 are due to defects of his or a rented or chartered vessel prior to the commencement of the voyage, if he proves that the defects could not be discovered before the start of the voyage despite the exercise of due care.
25.3 Clause 22.4 remains unaffected.
The above exclusions and limitations of liability also apply to non-contractual claims in accordance with Sections 434 and 436 of the German Commercial Code (HGB). Clause 23.4.1 shall apply mutatis mutandis.
27.1 The exclusions of liability referred to in Sections 22.2, 22.3, 23.3 and 23.4 in conjunction with 23.5, 24 and 26 and
-Limitations do not apply if the damage has been caused
27.1.1 due to intent or gross negligence on the part of the Freight Forwarder or its vicarious agents, or
27.1.2 by breach of essential contractual obligations, whereby claims for compensation in the latter case are limited to the foreseeable, typical damage.
27.2 Notwithstanding Section 27.1.2, the limitations of liability in Sections 24.1 and 24.2 shall only cease to apply in the event of a grossly negligent or intentional breach of essential contractual obligations.
27.3 Sections 435 and 507 of the German Commercial Code (HGB) shall remain unaffected in their respective areas of application.
27.4 Clause 27.1 does not apply to statutory provisions such as Art. 25 MT, Art. 36 CIM or Art. 20, 21 CMNI, which extend or allow the Freight Forwarder's liability to be extended, or extend the attribution of the fault of persons or other third parties.
28.1 The Freight Forwarder shall be obliged to obtain liability insurance from an insurer of his choice at market standard
conditions that cover his contractual liability under the ADSp and the law at least to the extent of the standard liability amounts. The agreement of a maximum compensation per claim, loss event and year is permissible; as well as the agreement of an appropriate deductible by the freight forwarder.
28.2 Upon request, the Freight Forwarder shall inform the Client of the existence of valid liability insurance cover
by submitting an insurance certificate. If he does not provide this proof within a reasonable period of time, the client may terminate the transport contract extraordinarily.
28.3 The Freight Forwarder may only invoke the liability provisions of the ADSp against the Client if:
if he or she has sufficient insurance cover when the order is placed.
29.1 The liability of the Client under Sections 414, 455, 468 and 488 of the German Commercial Code (HGB) is limited to EUR 200,000 per loss event.
29.2 The above limitation of liability shall not apply in the event of personal injury, i.e. injury to life, limb or health, or if the damage has been caused by intent or gross negligence on the part of the Client or its vicarious agents or by breach of essential contractual obligations, whereby claims for compensation in the latter case shall be limited to the foreseeable, typical damage.
30.1 German law shall apply to the legal relationship between the Freight Forwarder and the Client.
30.2 For all parties involved, the place of performance is the place of the Freight Forwarder's branch to which the order or request is addressed.
30.3 The place of jurisdiction for all legal disputes arising out of the transport contract, its initiation or in the
connection with it, for all parties involved, insofar as they are merchants, either the place of the
Branch of the Client or the branch of the freight forwarder to which the order or request is addressed. The above jurisdiction agreement shall apply as an additional jurisdiction agreement in the case of Art. 31 CMR and 46 § 1 CIM, but not in the case of Art. 39 CMR, 33 MT, 28 WA.
The parties are obliged to treat confidentially all information that is not publicly accessible to them during the performance of the transport contract. The information may only be used for the purpose of providing services. The parties must impose this obligation of secrecy on other legal entities that they use in the performance of their obligations under the transport contract.
32.1 The Freight Forwarder undertakes to comply with minimum wage regulations and regulations on minimum conditions in the workplace and confirms this in text form at the request of the Client. The freight forwarder shall indemnify the client from its liability for the minimum wage if the freight forwarder or a subcontractor or borrower employed within the framework of the transport contract with the client does not pay employees the statutory minimum wage and the client is held liable.
32.2 In the case of transport, the Freight Forwarder must ensure that he or the person carrying out the transport
Entrepreneur
32.2.1 within the scope of application of the GüKG, is the holder of a licence pursuant to Section 3 of the GüKG or of an authorisation pursuant to Section 6 of the GüKG or a Community licence, or does not use such a licence, authorisation or licence unlawfully,
32.2.2 within the scope of application of the GüKG, uses driving personnel for transport who meet the requirements of section 7b (1) sentence 1 GüKG,
32.2.3 Upon request, it shall present all documents required by law for carriage, insofar as the Client or third parties are required to comply with statutory control obligations.
32.3 The freight forwarder or the contractor carrying out the transport shall be obliged to carry out the activities of his
in such a way that the prescribed working, driving and rest times can be observed. There is a general ban on alcohol and drugs when driving the vehicle.
32.4 Both parties undertake to comply with the legal requirements applicable to their company.
They support and respect the principles of the Global Compact ("UNGC"), the United Nations Universal Declaration of Human Rights and the International Labor Organization's 1998 Declaration on Fundamental Principles and Rights at Work, in accordance with national laws and practices. In particular, both parties are involved in their companies.
32.4.1 not employ children or use forced labour;
32.4.2 the respective national laws and regulations on working hours, wages and salaries and other
comply with employer obligations,
32.4.3 comply with the applicable occupational health and safety regulations and ensure a safe and healthy working environment in order to maintain the health of employees and prevent accidents,
Prevent injuries and work-related illnesses,
32.4.4 any discrimination based on race, religion, disability, age, sexual orientation or gender
refrain from
32.4.5 comply with international anti-corruption standards as set out in the UNGC and local anti-corruption and bribery laws;
32.4.6 comply with all applicable environmental laws and regulations;
32.4.7 request to their business partners and subcontractors to apply the aforementioned principles to their
action.
General German Freight Forwarders' Terms and Conditions 2017 (ADSp 2017)
Publisher: Bundesverband Spedition und Logistik e. V. (DSLV)