The 2019 Logistics T&Cs, which were developed in collaboration with the Institute for Logistics Law and Risk Management (ILRM), are recommended for use from July 1, 2019 by the German Road Haulage, Logistics and Disposal Association (BGL), the German Furniture Removal and Logistics Association (AMÖ) and the German Freight Forwarding and Logistics Association (DSLV).
This recommendation is non-binding. The contracting parties are at liberty to reach agreements that deviate from the content of this recommendation.
These Logistics T&Cs apply to all (additional) logistics services that are not
however, are provided by the Contractor in economic connection with such a contract; this applies in particular to services within a supply chain.
These logistics services may be activities for the client or third parties designated by the client, such as order acceptance (call center), goods handling, goods inspection, goods preparation, country and customer-specific goods adaptation, assembly, repair, quality control, price labeling, shelf service, installation or commissioning of goods and merchandise or activities relating to the planning, implementation, control or monitoring of order, process, distribution, utilization and information management.
1.2 The client is the contracting party that commissions its contractual partner to perform logistics services.
1.3 The contractor is the contracting party that is commissioned to perform logistics services.
1.4 If the ADSp have been agreed in addition to the Logistics T&Cs, the ADSp shall take precedence over these Logistics T&Cs insofar as individual clauses contradict each other.
1.5 A reference to the ADSp in these Logistics T&Cs always includes a reference to the current version of the ADSp valid at the time of conclusion of the contract, unless the contracting parties have agreed on a different version
1.6 These Logistics T&Cs do not apply to contracts with consumers within the meaning of Section 13 BGB.
1.7 These Logistics T&Cs do not apply to transactions which have as their sole object
1.7.1 Storage and digitization of files; files are all types of embodied and digitized business papers, documents, data carriers and similar items used to collect information,
1.7.2 Heavy or large-capacity transports requiring a transport permit or special permit under traffic law, crane services and associated assembly work.
If agreed between the Client and the Contractor, the parties shall transmit or receive shipment data, including invoicing, via EDI (Electronic Data Interchange) / DFÜ (remote data transmission). The transmitting party shall bear the risk for the loss and correctness of the transmitted data.
In the case of an agreement in accordance with section 2.1, the parties shall ensure that their own IT system is operational and that the usual security and control measures are implemented in order to protect the electronic data exchange from access by third parties and to prevent the alteration, loss or destruction of electronically transmitted data. Each party is obliged to inform the other party in good time of any changes to its IT system that may affect the electronic data exchange.
At the request of a contracting party, each contracting party shall designate one or more contact persons for the receipt of information, declarations and requests for the execution of the contract and shall provide the names and contact addresses of the other party. This information must be updated if it changes. If a party does not designate a contact person, the person who concluded the contract for logistics services for the party shall be deemed to be the contact person.
Documents created and stored electronically or digitally are equivalent to written documents, unless written form is required by law. In addition, each party is entitled to archive written documents only electronically or digitally and to destroy the originals in compliance with the statutory provisions.
The parties are obliged to treat as confidential all information that becomes known to them during the execution of the contract for logistics services and that is not publicly accessible. The information may only be used for the purpose of providing the service. The parties shall impose this confidentiality obligation on other persons whose services they use to fulfill their contractual obligations.
The obligation of confidentiality does not apply to data and information that must be disclosed to third parties, in particular authorities, due to legal obligations. The other party must be informed of this immediately.
The Client, in particular if it determines the process to be implemented by the Contractor as the “system leader”, for example by transferring know-how, shall inform the Contractor in good time of all significant factors known to it which influence the execution of the order and which are attributable to the Client’s area of risk. In particular, the client is obliged to provide the objects, information and rights necessary for the performance of the logistics services in good time and in full and to provide any cooperation, such as
The client shall inform the contractor of any special requirements regarding fire protection, safety and other technical requirements (temperature, humidity, odor).
At the Contractor’s request, the Client shall provide at an early stage all information that is recognizably necessary and attributable to its area of risk and that is necessary for the Contractor’s capacity planning.
Furthermore, the client is responsible for compliance with
The information and rights transferred in accordance with Clauses 4.1 to 4.3 shall remain the intellectual property of the Client. The Contractor may not exercise a right of lien or retention in respect thereof.
The Contractor shall be obliged to provide its services in accordance with the Client’s specifications pursuant to Section 4. He is entitled, but not obliged, to check these specifications.
Insofar as the Contractor performs the logistics services within the Client’s operational organization or at a third party on the Client’s instructions (e.g. racking service), it must follow the instructions of the Client or the third party with regard to operational safety.
The Contractor is obliged to notify the Client immediately of any objections or irregularities that have arisen during the execution of the contract and to obtain appropriate instructions.
Information obligations that go beyond the law, e.g. on measures to be taken by the contractor in the event of disruptions, in particular an imminent delay in logistics services, damage to the goods or other disruptions (emergency concept), require express agreement.
Impediments to performance that are not attributable to the area of risk of a contracting party shall release the contracting parties from their performance obligations for the duration of the disruption and the extent of its effect.
Such impediments to performance include force majeure, civil unrest, acts of war or terrorism, strikes and lockouts, blockage of transportation routes, failures or restrictions of electronic data exchange caused by third parties, cybercrime by third parties and other unforeseeable, unavoidable and serious events.
In the event of an impediment to performance pursuant to Section 6.1, each contracting party shall be obliged to inform the other party immediately. The Contractor is also obliged to obtain instructions from the Client.
Agreements on prices and services always refer only to the services listed by name and to an essentially unchanged volume of goods, orders or quantities. They assume unchanged data processing requirements, quality agreements and procedural instructions on the one hand and unchanged energy and personnel costs and public charges on the other.
If the conditions described in Section 7.1 change, both contracting parties may request negotiations on a contract adjustment with effect from the first of the month following the request for adjustment, unless the changes were known to the contracting party requesting the contract adjustment when the contract was concluded. The contract adjustment must be based on the changes to be proven, including the rationalization effects.
If the contracting parties do not reach an agreement within a period of one month after the contract adjustment has been requested, the contract can be terminated by either party at the end of the month, subject to a notice period of one month for a contract term of up to one year or three months for a longer term. This termination must be received in text form within one month after at least one party has declared the failure of the contract adjustment.
If the contract for logistics services or its execution is associated with a transfer of business pursuant to Section 613a BGB, the parties undertake to regulate the economic consequences, taking into account the term of the contract.
If the contracting parties have not made such a provision, the party entering into the employment relationship shall be entitled to an appropriate adjustment of the remuneration at its reasonable discretion, taking into account the term of the contract. Otherwise, Section 315 BGB applies.
Offsetting or retention against claims arising from the contract for logistics services in accordance with clause 1.1 and associated non-contractual claims is only permitted if the counterclaim due is undisputed, ready for a decision or has been legally established.
In order to secure its claims arising from the contract for logistics services, the Contractor may invoke the statutory rights of lien and retention to which it is entitled. If and insofar as a statutory lien does not exist, the Contractor shall have a lien on the Client’s property in its possession for all due and non-due claims to which it is entitled from the Client arising from the activities specified in Section 1.1
The pledge shall be realized in accordance with the statutory provisions with the proviso that the period of one month stipulated in Section 1234 BGB shall be replaced by a period of one week.
The Client shall be entitled to prohibit the exercise of the right of lien and right of retention if it grants the Contractor an equivalent means of security with regard to its claims (e.g. directly enforceable bank guarantee).
Section 4.5 remains unaffected.
If the Contractor is also required to transfer ownership of items to the Client when providing logistics services, these shall remain the property of the Contractor until all claims against the Client arising from the contract for logistics services have been settled.
Insofar as acceptance of the logistics service is to be carried out by the client, this can be carried out due to the cooperative nature of the logistics services by putting the work into use, resale or further processing of the work, delivery and handover to the client or to third parties named by the client. Insofar as logistical services are not capable of acceptance, completion shall take the place of acceptance.
The Client is obliged to notify the Contractor of obvious defects upon acceptance. The notification must be made in text form. Timely dispatch shall suffice to meet the deadline, provided that the notification reaches the contractor.
If the Client fails to notify the Contractor, the logistics service shall be deemed to be in accordance with the contract, unless the Contractor has fraudulently concealed the defect.
Claims due to exceeding performance deadlines shall lapse if the client does not notify the contractor of this within 21 days of performance.
The defectiveness of a logistics service shall be determined first of all according to the content of the contract, otherwise according to the statutory provisions applicable to the logistics service concerned. The Contractor shall only assume guarantees of quality or durability if these have been agreed in text form.
If the logistics service is defective, the client shall be entitled to subsequent performance. The Contractor shall in any case be entitled to choose between rectification of the defect and new delivery/new performance. If the supplementary performance does not lead to the contractually owed success, the client is entitled to a second supplementary performance. There are no further claims for supplementary performance.
If the subsequent performance fails twice or if subsequent performance is not possible due to the nature of the service, the client may exercise the rights to reduction, withdrawal and compensation to which he is entitled as well as his right to self-performance as follows:
If the client claims a reduction, this shall be limited to the loss of the agreed remuneration for the individual, defective logistics service.
If the client asserts the right of withdrawal, this shall only apply in relation to the individual, defective logistics service. In all other respects, the client shall be entitled to the special right of termination instead of the right of withdrawal under the conditions of clause 13.
The client may demand compensation for damages instead of performance under the conditions of clause 14.
In the case of self-performance, the client’s claim for reimbursement of expenses is limited to an amount of up to EUR 20,000.
If one of the parties breaches the same material contractual obligation twice within one year and this leads to a material operational disruption in each case, the other party shall have the right to terminate this contract in text form with reasonable notice after it has granted the breaching party a reasonable period of time in text form to remedy the breach of duty and this period has expired without the party having fulfilled its obligations.
If one of the parties defaults on its contractual payment obligation from two consecutive invoice periods, the other party shall have the right to terminate this contract within a further invoice period. Clause 13.2 shall not apply to compensation payments.
The right to extraordinary termination for good cause remains unaffected.
The Contractor shall only be liable if it is at fault for the damage caused by it.
The Contractor’s liability is limited in terms of amount
The client may, against payment of a surcharge to be agreed in text form prior to commencement of performance
The above exclusions and limitations of liability shall also apply to non-contractual claims against the Contractor and its vicarious agents.
The above exclusions and limitations of liability do not apply
The exclusions and limitations of liability specified in clause 14 shall not apply if the damage was caused by
Material contractual obligations are obligations whose fulfillment is essential for the proper execution of a contract in accordance with section 1.1 and on whose compliance the contractual partner may regularly rely.
Furthermore, the exclusions and limitations of liability specified in Section 14 shall not apply if the Contractor has fraudulently concealed the damage or has assumed a guarantee for the quality of the logistics service.
Notwithstanding clause 15.1.2, the limitations of liability pursuant to clause 14.2 and in the case of a declaration of value or interest pursuant to clause 14.3 shall only apply in the event of a grossly negligent or intentional breach of material contractual obligations.
The Contractor shall be entitled to reimbursement of expenses which it could reasonably consider necessary in the interests of the Client and for which it is not responsible.
Upon request, the Client shall exempt the Contractor from expenses such as maintenance, repair, servicing and disposal costs, customs duties, taxes, fees and other charges imposed on the Contractor, in particular as the person authorized to dispose of the goods or as the owner of third-party goods, if the Contractor is not responsible for them.
The Client shall indemnify the Contractor and its vicarious agents against all claims by third parties, including its insurer and other costs under the Product Liability Act and other regulations protecting third parties, unless,
If and to the extent that the Client insures the stocks of goods which are the subject of a contract in accordance with Clause 1.1 with transport insurance or against fire, burglary, storm, hail, flooding, earthquake and mains water, the Contractor shall be included in the insurance cover as an insured person, but not as a representative of the Client.
If the client does not have appropriate insurance cover, he must inform the contractor of this in good time for the contractor’s own risk assessment.
Claims arising from a contract in accordance with section 1.1 shall lapse after one year.
The limitation period for all claims shall commence at the end of the day of delivery, in the case of contractual services at the end of the day of acceptance in accordance with clause 11.1.
The above limitation periods do not apply
The Contractor is obliged to take out and maintain liability insurance with an insurer of its choice at standard market conditions. The standard market conditions must cover the risk at least to the extent of the maximum liability amounts in accordance with clause 14.
The agreement of a maximum compensation payment per claim, loss event and year is permissible, as is the agreement of an appropriate deductible for the contractor.
Upon request, the Contractor shall provide the Client with evidence of the existence of valid liability insurance cover by submitting an insurance confirmation.
The place of performance for all parties involved shall be the location of the Contractor’s branch to which the order or request is addressed
The place of jurisdiction for all legal disputes arising from or in connection with the contractual relationship shall be the location of the Contractor’s branch to which the order is directed for all parties involved, insofar as they are merchants or equivalent to merchants; this place of jurisdiction shall be exclusive for claims against the Contractor.
The legal relationship between the Contractor and the Client or its legal successors shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The Contractor undertakes to comply with minimum wage regulations and regulations on minimum conditions in the workplace and shall confirm this in text form at the request of the Client. The Contractor shall indemnify the Client against its liability for the minimum wage if the Contractor or a subcontractor or hirer engaged under the contract for logistics services with the Client fails to pay employees the statutory minimum wage and a claim is made against the Client.
The parties shall process the data necessary for the fulfillment of the contract in accordance with the provisions of the applicable data protection laws and undertake to take appropriate data and IT security measures. In particular, the parties shall observe the basic principles of data protection law and take suitable technical and organizational measures that meet the requirements for security and confidentiality of data processing and ensure protection against unauthorized access by third parties.
Both parties undertake to comply with the statutory provisions 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 1998 Declaration on Fundamental Principles and Rights at Work of the International Labor Organization in accordance with national laws and practices. In particular, both parties in their companies will
When determining the amount of the claims for compensation to be met by the Contractor, the economic circumstances of the Contractor, the nature, scope and duration of the business relationship, any contributions to causation or fault on the part of the Client in accordance with Section 254 BGB and the Client’s degree of supervision and control of the procedures used in favor of the Contractor must be taken into account. In particular, the compensation, costs and expenses to be borne by the Contractor must be in reasonable proportion to the Contractor’s proceeds from the services for the Client.
Should a provision of the Logistics T&Cs and the other agreements made be or become invalid, this shall not affect the validity of the remainder of the contract.
DSLV – Bundesverband
Spedition und Logistik e.V.
Friedrichstraße 155/156, Unter den Linden 24
10117 Berlin
info@dslv.spediteure.de
ILRM – Institute for Logistics Law & Risk Management GmbH
An der Karlstadt 8
27568 Bremerhaven
info@ilrm.de
© All rights reserved.
Reproduction, even in part, only with reference to DSLV, Berlin and ILRM, Bremerhaven
Last update: 24.08.2025