ADSp 2017

Preamble

The German Freight Forwarders’ Standard Terms and Conditions 2017 (ADSp 2017) are recommended for use from January 1, 2017 by the Federation of German Industries (BDI), the Federation of German Wholesale, Foreign Trade and Services (BGA), the German Road Haulage, Logistics and Disposal Association (BGL), the German Association of Furniture Forwarding and Logistics (AMÖ), the German Association of Commerce, Transport and Logistics (BWVL), the Association of German Chambers of Industry and Commerce (DIHK), the German Freight Forwarding and Logistics Association (DSLV) and the German Retail Association (HDE). This recommendation is non-binding. The contracting parties are at liberty to reach agreements that deviate from the content of this recommendation.

1. definitions

1.1. Delivery – The term “delivery” also includes delivery in the case of warehousing transactions.

1.2. Principal – The legal entity that concludes a transportation contract with the Freight Forwarder.

1.3. Property at risk of theft – Property that is exposed to an increased risk of robbery and theft, such as money, precious metals, jewelry, watches, precious stones, works of art, antiques, check cards, credit cards or other means of payment, securities, valuables, documents, spirits, tobacco products, consumer electronics, telecommunications equipment, IT equipment and accessories, and chip cards.

1.4. Consignee – The legal entity to which the goods are to be delivered in accordance with the transportation contract or on the basis of effective instructions from the principal or another person authorized to dispose of the goods.

1.5. Vehicle – A means of transportation used to transport goods on traffic routes.

1.6. Dangerous goods – goods which, even in the course of normal transportation, storage or other activities, may pose an immediate danger to persons, vehicles and legal interests of third parties. Dangerous goods are, in particular, goods that fall within the scope of the relevant dangerous goods laws and regulations as well as regulations relating to hazardous substances, water or waste.

1.7 Loading equipment – means for grouping packages and forming loading units, e.g. pallets, containers, swap bodies, bins.

1.8. Loading/unloading point – The postal address, unless the parties have agreed on a more precise location.

1.9 Performance time – The time (date, time) at which a specific service is to be provided, e.g. a time slot or a point in time.

1.10. Packages – individual packages or units formed by the principal for the purpose of processing the order, with or without loading equipment, which the freight forwarder must treat as a whole (freight packages within the meaning of §§ 409, 431, 504 HGB).

1.11. Claim / loss event – A loss event occurs when an injured party asserts a claim under a transportation contract or in lieu of a claim under a transportation contract due to an external event; a loss event occurs when several injured parties assert claims under several transportation contracts due to an external event.

1.12. Interface – After acceptance and before delivery of the goods by the freight forwarder, any transfer of the goods from one legal entity to another, any transhipment from one vehicle to another, any (interim) storage.

1.13. Freight forwarder – The legal entity that concludes a transportation contract with the principal. Forwarders in this sense are in particular carriers within the meaning of § 407 HGB, freight forwarders within the meaning of § 453 HGB, warehouse keepers within the meaning of § 467 HGB and shippers within the meaning of §§ 481, 527 HGB.

1.14. Transportation contracts – contracts of the freight forwarder for all types of activities, regardless of whether they relate to forwarding, freight, sea freight, warehousing or other transactions usually associated with the freight forwarding industry (e.g. customs clearance, shipment tracking, transshipment). These also include standard forwarding logistics services if these are associated with the transportation or storage of goods, in particular activities such as forming loading units, picking, labeling and weighing goods and handling returns. Freight contracts shall also be deemed to be contract haulage contracts for the provision of manned motor vehicles for use in accordance with the client’s instructions.

1.15. Shipper – The legal entity that hands over the goods for transportation in accordance with the transport contract or on the basis of effective instructions.

1.16. Material contractual obligations – obligations whose fulfillment is essential for the proper execution of the transportation contract (Section 1.14.) and on whose compliance the contractual partner may regularly rely.

1.17. Valuable goods – goods with an actual value at the place and time of acceptance of at least 100 euros/kg.

1.18. Time slot – Agreed performance period for the arrival of the carrier at the loading or unloading point.

1.19. Time – Agreed time of performance for the arrival of the freight forwarder at the loading or unloading point.

2nd area of application

2.1. The ADSp apply to all transportation contracts of the freight forwarder as contractor.

2.2. Statutory provisions, which may not be deviated from by way of pre-formulated contractual terms, take precedence over the ADSp.

2.3. The ADSp do not apply to transactions which have as their sole object

  • 2.3.1. Packaging work,
  • 2.3.2. the transportation and storage of goods to be towed or salvaged,
  • 2.3.3. the transportation and storage of removal goods within the meaning of § 451 HGB,
  • 2.3.4. 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,
  • 2.3.5. Heavy or oversized transports that require a transport permit or special permit under traffic law, crane services and related assembly work.

2.4. The ADSp do not apply to transportation contracts with consumers within the meaning of § 13 BGB.

3. obligations of the client when placing the order; information obligations, special types of goods

3.1. The Principal shall inform the Freight Forwarder in good time of all significant factors known to him which could influence the execution of the order. These include

  • 3.1.1. Addresses, type and nature of the goods, the gross weight (including packaging and loading equipment provided by the client) or the quantity otherwise specified, identification marks, 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 section 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 transportation, all data required by maritime safety regulations (e.g. SOLAS) in the prescribed form,
  • 3.1.4. third parties, e.g. restrictions under trademark and licensing law associated with the possession of the goods, as well as legal or official obstacles to the execution of the order,
  • 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 must inform the freight forwarder in good time in text form of the quantity, the exact nature of the danger and – if necessary – the precautionary measures to be taken. If the goods are dangerous goods within the meaning of the law on the transportation of dangerous goods or other goods for the transportation or storage of which there are special regulations under dangerous goods or waste law, the client must provide the information required for the proper execution of the order, in particular the classification according to the relevant dangerous goods law, and hand over the necessary documents at the latest when the goods are handed over.

3.3. In the case of valuable goods or goods at risk of theft, the client must inform the freight forwarder in text form in the order about the type and value of the goods and the existing risk, so that the freight forwarder can decide whether to accept the order or take appropriate measures for the safe and damage-free handling of the order. If he accepts this order, the freight forwarder is obliged to take suitable security measures to protect the goods.

3.4 The Principal must provide the Freight Forwarder with all documents and other records and information (e.g. tariff classification), which are necessary for the proper customs or other legally required handling of the goods, including security checks, e.g. for air freight shipments.

4. rights and obligations of the freight forwarder

4.1. The freight forwarder must safeguard the interests of the principal. He must check the order placed with him for obvious defects and notify the client immediately of all circumstances of risk known to him for the execution of the order. If necessary, he must obtain instructions.

4.2. The Freight Forwarder must ensure that the vehicles, load securing equipment and, if the provision of loading equipment has been agreed, that these are in perfect technical condition and comply with the statutory regulations and the requirements for the goods set out in the transportation contract. Vehicles and loading equipment must be fitted with the usual devices, equipment or procedures to protect the goods against hazards, in particular load securing equipment. Vehicles should be low-emission, low-noise and energy-saving.

4.3. The Freight Forwarder shall deploy reliable, professionally trained, suitable and properly employed driving personnel in accordance with the activity and, if necessary, with a driver’s certificate.

4.4. The freight forwarder must comply with the house, company or construction site rules in force on the premises of a third party and made known to him. § Section 419 HGB remains unaffected.

4.5. The freight forwarder is entitled to make customs clearance dependent on the issuance of a written power of attorney, which enables him to act as a direct representative.

4.6. If the freight forwarder is commissioned with the cross-border transportation of the goods or the import or export clearance, this order also includes, in case of doubt, the customs or other legally required handling of the goods, if the cross-border transportation to the place of destination cannot be carried out without it. He may

  • 4.6.1. Open packaging if this is necessary for the purpose of carrying out a legally prescribed inspection (e.g. freight forwarder as regulated agent) and then take all measures necessary for order processing, e.g. repackaging the goods,
  • 4.6.2. display the duties assessed by the customs authorities.

4.7. In the event of damage to goods or delays, the freight forwarder must, at the request of the principal or consignee, immediately provide him with all information necessary and known to him to secure claims for damages.

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 the circumstances or customary practice dictate otherwise,
  • 4.8.3. a ban on transshipment (§ 486 HGB does not apply),
  • 4.8.4. the provision of a shipment tracking system, unless this is customary in the industry, whereby Section 14. remains unaffected,
  • 4.8.5. Returns, transshipments and concealed additional loads; If, in deviation from the order, one or more additional packages are handed over for transportation by the Principal and the Freight Forwarder accepts this or these packages for transportation, the Freight Forwarder and the Principal shall conclude a new transportation contract for these goods. In the absence of deviating agreements, the provisions of the original transportation contract shall apply to returns or concealed additional shipments. Section 5.2. remains unaffected.

4.9 Further performance and information obligations, e.g. regarding quality management measures and their compliance (audits) as well as monitoring and evaluation systems and key performance indicators, require express agreement.

5. contact person, electronic communication and documents

5.1. 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 transportation contract for the party shall be deemed to be the contact person. Information obligations that go beyond the law, e.g. regarding measures to be taken by the freight forwarder in the event of disruptions, in particular imminent delays in acceptance or delivery, obstacles to transportation 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 the warehouse and driving personnel require the approval of the respective contracting party to be effective.

5.3. The client must ensure that the shipper or consignee makes the declarations required at the loading or unloading point for the execution of the transportation contract on behalf of the client and carries out actual actions, such as the handover or acceptance of the goods.

5.4 If agreed between the Principal and the Freight Forwarder, the parties will 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, completeness and accuracy of the transmitted data.

5.5. In the case of an agreement in accordance with clause 5.4, the parties shall ensure that their own IT system is operational and that the usual security and control measures are implemented 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.

5.6 Documents created electronically or digitally, in particular proof of delivery, are equivalent 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 statutory provisions.

6. packaging and labeling obligations of the client

6.1. The goods shall be packaged by the client and, where necessary, provided with clear and durable markings for their treatment in accordance with the order. Old license plates must be removed or made unrecognizable. The same applies to packages.

6.2. In addition, the client is obliged to

  • 6.2.1. packages belonging to the same consignment must be clearly marked as belonging together,
  • 6.2.2. Packages – if necessary – must be prepared in such a way that access to the contents is not possible without leaving externally visible traces.

7. load securing and control obligations of the freight forwarder

7.1. If loading or unloading takes place at more than one loading or unloading point, the freight forwarder shall ensure that the load is secured continuously up to the last unloading point after the goods have been loaded safely for transportation.

7.2. The freight forwarder is obliged to carry out checks at every interface. He must check the goods for completeness and identity as well as externally recognizable damage and integrity of labels, seals and closures and document irregularities.

8. receipt

8.1. The freight forwarder must acknowledge receipt 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 content, value, weight or otherwise specified quantity.

8.2. In the case of pre-loaded or closed loading units such as containers or swap bodies and data provided in advance by the client, the accuracy of a receipt of acceptance regarding the number and type of packages loaded is deemed to be refuted if the freight forwarder immediately reports (quantity) differences and damage to the client after unloading the loading unit.

8.3. As proof of delivery, the freight forwarder must request a delivery receipt from the consignee for the packages specified in the order or in other accompanying documents. If the consignee refuses to issue the delivery receipt, the freight forwarder must request instructions.
The principal may request the delivery receipt within one year of delivery of the goods.

8.4. All signed documents proving the execution of the order, such as delivery bills, forwarder’s acceptance bills, freight and sea waybills, bills of lading or bills of lading serve as acceptance or delivery receipts.

8.5. The acceptance or delivery receipt can also be issued electronically or digitally, unless the client requests the issue of a consignment note, sea waybill, bill of lading or bill of lading.

9. instructions

The Freight Forwarder is obliged to comply with any instructions regarding the goods given to him after the conclusion of the contract, unless the execution of the instructions threatens to cause disadvantages for the operation of his company or damage to the Principals or recipients of other shipments. If the freight forwarder intends not to follow an instruction given to him, he must inform the person who gave the instruction immediately.

10. freight transfer, cash on delivery

The client’s notification that the order is to be dispatched freight collect or, for example, executed in accordance with the Incoterms for the account of the consignee or a third party, does not affect the client’s obligation to the freight forwarder to pay the remuneration and other expenses (freight, customs duties and other charges). This shall be without prejudice to instructions for subsequent delivery, e.g. pursuant to Section 422 HGB, Art. 21 CMR.

11. non-compliance with loading and unloading times, demurrage charges

11.1. If the client has to load or unload the goods, he is obliged to comply with the agreed, otherwise a reasonable loading or unloading time.

11.2 If a time or time window is agreed for the provision of a vehicle in road freight transport or notified by the Freight Forwarder without objection by the Principal, Shipper or Consignee, the loading or unloading time for complete loads (but not for bulk goods) is a maximum of 2 hours for loading or unloading, regardless of the number of shipments per loading or unloading point for vehicles with a maximum permissible weight of 40 tons. For vehicles with a lower gross weight, these times are reduced to an appropriate extent 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. reporting to the gatekeeper) and ends when the client or recipient has fully met his obligations. If a specific performance time has been agreed for the provision 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 due to contractual agreement or for reasons beyond the Freight Forwarder’s control, the Principal must pay the Freight Forwarder the agreed demurrage, otherwise a reasonable demurrage charge.

11.5. The above provisions apply accordingly if the freight forwarder is obliged to load or unload the goods and the principal is only obliged to make the goods available for loading or to accept them after unloading.

12. impediments to performance, force majeure

12.1. If the freight forwarder cannot take over the goods or cannot take them over on time, he must notify the principal or shipper immediately and obtain appropriate instructions. § Section 419 HGB applies accordingly. The Principal remains entitled to terminate the transportation contract without the Freight Forwarder being entitled to assert claims under Section 415 Para. 2 HGB (German Commercial Code).

12.2. 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 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 immediately; the freight forwarder is also obliged to obtain instructions from the principal.

13. delivery

13.1. If it becomes apparent after arrival at the unloading point that unloading cannot be carried out within the unloading time, the freight forwarder must notify the client immediately and obtain appropriate instructions. § Section 419 HGB applies.

13.2. If the freight forwarder is unable to meet the agreed delivery time or – in the absence of an agreement – a reasonable time for the delivery of the goods, he must obtain instructions from his principal or the consignee.

13.3. If the consignee is not found in his home, in the business premises or in a communal facility where the consignee lives, the goods may be delivered unless there are obvious doubts as to his right to receive them

  • 13.3.1. in the home to an adult family member, a person employed by the family or an adult permanent roommate,
  • 13.3.2. on business premises to a person employed there,
  • 13.3.3. in communal facilities, the head of the facility or an authorized representative.

13.4. If the freight forwarder has made an agreement with the principal or consignee that delivery is to take place without physical handover to the consignee (e.g. night, garage or belt delivery), delivery takes place when the goods are actually made available at the agreed location.

13.5. Delivery may only take place under the supervision of the client, recipient or a third party authorized to receive the goods. Clauses 13.3. and 13.4. remain unaffected.

14. obligation of the freight forwarder to provide information and surrender

14.1. The freight forwarder is obliged to provide the principal with the necessary information, to provide information on the status of the transaction upon request and to render account after its execution; however, he is only obliged to disclose the costs if he is acting for the account of the principal.

14.2. The freight forwarder is obliged to hand over to the principal everything he receives for the execution of the transaction and everything he obtains from the management of the business.

15. storage

15.1. The principal must pack and label the goods, if necessary, and provide documents and all information required by the freight forwarder for proper storage.

15.2. Storage is at the discretion of the freight forwarder in his own storage facilities or, if not contractually excluded, in third-party storage facilities. If the freight forwarder stores goods with a third-party warehouse keeper, he must immediately inform the principal in writing of the warehouse keeper’s name and storage location or, if a warehouse warrant has been issued, make a note of this on the warrant.

15.3. The freight forwarder must ensure the proper maintenance and care of warehouses and other storage areas, the access roads to the premises and the security of the goods, in particular against theft. Further safety measures, which, for example, go beyond the statutory fire protection regulations, require express agreement.

15.4. In the absence of a deviating agreement

  • 15.4.1. the acceptance of the goods for storage begins with the start of unloading of the vehicle by the freight forwarder and the delivery of the goods ends with the completion of loading by the freight forwarder,
  • 15.4.2. inventory is managed by the carrier’s warehouse management system,
  • 15.4.3. one physical inventory per year. At the instruction of the client, the freight forwarder shall carry out further physical inventories against reimbursement of expenses.

15.5. The freight forwarder undertakes to carry out an incoming goods inspection of the type, quantity and condition of the goods, marks, numbers, number of packages and externally visible damage in accordance with Section 438 of the German Commercial Code (HGB) upon acceptance of the goods, provided he has adequate means of inspection.

15.6. In order to secure the goods, regular checks must be carried out by suitable personnel of the freight forwarder.

15.7. The freight forwarder must inform the principal immediately of any shortages or suspected changes to the goods and obtain instructions. § Section 471 para. 2 HGB remains unaffected.

15.8. Further performance and information obligations require express agreement.

16. remuneration

The agreed remuneration, which includes the costs of transportation and storage, covers all services to be provided under the transportation contract. Additional claims for costs incurred in the regular course of transportation or warehousing and foreseeable at the time of submission of the offer cannot be asserted separately, unless otherwise agreed. Calculation errors shall be borne by the calculator. §§ Sections 412, 418, 419, 491, 492, 588 to 595 HGB and comparable regulations from international agreements remain unaffected.

17. claims for expenses and indemnification

17.1. The freight forwarder is entitled to compensation for expenses which he could consider necessary under the circumstances and for which he is not responsible, in particular contributions to average procedures, detention or demurrage costs, repackaging to protect the goods.

17.2. If the Principal instructs the Freight Forwarder to take delivery of the goods and freight, cash on delivery, customs duties, taxes or other charges or expenses are demanded upon delivery to the Freight Forwarder, the Freight Forwarder is entitled, but not obliged, to pay these – insofar as he may consider them necessary under the circumstances – and to demand reimbursement from the Principal, unless otherwise agreed.

17.3. Upon request, the principal must indemnify the freight forwarder against expenses such as freight claims, contributions to average procedures, customs duties, taxes and other charges imposed on the freight forwarder, in particular as the person authorized to dispose of the goods or as the owner of third-party goods, if the freight forwarder is not responsible for them.

18. invoices, foreign currencies

18.1. Claims for remuneration by the freight forwarder require the receipt of an invoice or payment schedule that meets the legal requirements. In the absence of an agreement to the contrary, the due date does not require the submission of proof of delivery in the event of undisputed delivery.

18.2. The freight forwarder is entitled to demand payment from foreign principals or consignees in their national currency or in euros, at his discretion.

18.3. If the freight forwarder owes foreign currency or uses foreign currency, he is entitled to demand payment either in the foreign currency or in euros. If the Freight Forwarder requests payment in Euro, the conversion will be made at the official exchange rate on the day of payment, which the Freight Forwarder must provide evidence of.

18.4. Payment processing using the credit memo procedure must be expressly agreed. In case of doubt, the client must issue credit notes immediately after performance. Item no. 18.1 sentence 1 shall not apply to the credit note procedure.

19 Offsetting, retention

Offsetting or retention against claims arising from the transportation contract and related non-contractual claims is only permitted if the counterclaim is due, undisputed, ready for decision or legally established.

20. lien and right of retention

20.1. The freight forwarder may rely on his statutory rights of lien and retention to secure his claims arising from contractual transportation services.

20.2. The pledge is realized in accordance with the statutory provisions with the proviso that

  • 20.2.1. if the carrier or shipper exercises its statutory right of lien, the threat of the sale of the lien and the necessary notifications must be addressed to the consignee,
  • 20.2.2. the one-month period stipulated in § 1234 BGB is replaced by a one-week period.

20.3. The principal is entitled to prohibit the exercise of the lien if he grants the freight forwarder an equivalent means of security for his claims (e.g. directly enforceable bank guarantee).

21. insurance of the goods

21.1. not applicable

22. liability of the freight forwarder, assignment of claims for compensation

22.1. The freight forwarder is liable for damages in accordance with the statutory provisions. However, the following provisions shall apply unless otherwise stipulated by mandatory legal provisions or legal provisions fixed in the General Terms and Conditions.

22.2. In all cases where the freight forwarder is liable for loss of or damage to the goods (damage to goods) in accordance with sections 23.3. and 24., he is obliged to pay compensation for value and costs in accordance with sections 429, 430, 432 HGB instead of compensation.

22.3. In the event of inventory differences, the freight forwarder may balance the value of the stock in the cases covered by section 24 in order to determine the value of the compensation in the event of simultaneous shortages and surpluses of the same principal.

22.4. If the freight forwarder has claims against a third party arising from damage for which he is not liable, or if the freight forwarder has claims for compensation against a third party that exceed his own liability, he must assign these claims to the principal at the latter’s request, unless the freight forwarder assumes the pursuit of the claims for the account and risk of the principal on the basis of a special agreement. §§ Sections 437, 509 HGB remain unaffected.

23. limitations of liability

23.1. The liability of the freight forwarder for damage to goods in his care pursuant to Section 431 para. 1, 2 and 4 HGB is limited as follows with the exception of damages from sea transportation and ordered storage:

  • 23.1.1. to 8.33 special drawing rights for each kilogram, if the freight forwarder
    • Carrier within the meaning of § 407 HGB,
    • Self-entry freight forwarder, fixed-cost or consolidated freight forwarder within the meaning of Sections 458 to 460 HGB or
    • Custodial forwarder within the meaning of § 461 para. 1 HGB is;
  • 23.1.2. to 2 instead of 8.33 special drawing rights for each kilogram, if the principal has concluded a transportation contract with the forwarder for transportation by various means of transport, including carriage by sea, and the place of damage is unknown. If the place of damage is known, liability is determined in accordance with § 452a HGB, taking into account the exclusions and limitations of liability of the ADSp.
  • 23.1.3. If the liability of the freight forwarder under section 23.1.1. 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 higher.

23.2. The liability of the freight forwarder for damage to goods in his care is limited in the case of a contract of carriage by sea and in the case of cross-border transportation to the maximum amount of liability stipulated by law for this transportation. Section 25. remains unaffected.

23.3. In cases not covered by sections 23.1. and 23.2. (such as section 461 (2) HGB, sections 280 ff BGB), the liability of the freight forwarder for damage to goods is governed by section 431 (1) HGB. 1, 2 and 4 HGB limited in amount

  • 23.3.1. in the case of a transport contract for carriage by sea or carriage by different means of transport including carriage by sea, 2 special drawing rights for each kilogram,
  • 23.3.2. 8.33 special drawing rights per kilogram for all other transport contracts.
  • 23.3.3. In addition, the liability of the freight forwarder is limited to a maximum amount of 1.25 million euros per claim.

23.4. The liability of the Freight Forwarder for damages other than damage to goods, with the exception of damages during warehousing, personal injury and damage to goods of third parties, is limited to three times the amount payable for the loss of the goods according to section 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 per claim.

  • 23.4.1. Sections 413 para. 2, 418 para. 6, 422 para. 3, 431 para. 3, 433, 445 para. 3, 446 para. 2, 487 para. 2, 491 para. 5, 520 para. 2, 521 para. 4, 523 HGB as well as corresponding liability provisions in international conventions, which may not be deviated from by way of pre-formulated contractual conditions, remain unaffected.
  • 23.4.2. Section 23.4. does not apply to statutory provisions such as Art. 25 MÜ, Art. 5 CIM or Art. 20 CMNI, which extend or allow to extend the liability of the freight forwarder.

23.5. If the liability of the freight forwarder under sections 23.1., 23.3. and 23.4. 2.5 million euros per loss event, his liability is limited to a maximum of 2.5 million euros per loss event or 2 special drawing rights for each kilogram of lost and damaged goods, whichever is higher; if there are several claimants, the freight forwarder is liable in proportion to their claims.

24. limitations of liability for ordered storage, inventories and declaration of value

24.1. The liability of the freight forwarder for damage to goods is limited in the case of ordered storage

  • 24.1.1. in accordance with § 431 para. 1, 2 and 4 HGB to 8.33 special drawing rights for each kilogram,
  • 24.1.2. a maximum of 35,000 euros per claim.
  • 24.1.3. If the damage of a principal consists of a difference between target and actual stock, the liability of the freight forwarder is limited in deviation from section 24.1.2. limited to EUR 70,000 per year, irrespective of the number and form of inventories carried out and the number of loss events causing the inventory difference.

24.2. Against payment of a surcharge to be agreed prior to storage, the client may specify in text form a value for increasing the liability that exceeds the maximum amounts specified in section 24.1. In this case, the value indicated in each case replaces the maximum amount in question.

24.3. The liability of the freight forwarder for damage other than to goods, with the exception of personal injury and damage to third party goods, is limited to EUR 35,000 per claim in the case of warehousing.

24.4. The liability of the freight forwarder – with the exception of personal injury and damage to third party goods – is in any case limited to 2.5 million Euro per damage event, irrespective of the number of claims arising from one damage event; in the case of several claimants, the freight forwarder is liable in proportion to their claims. Section 24.2. remains unaffected.

25. exclusion of liability for sea and inland waterway transportation

25.1. Pursuant to § 512 para. 2 No. 1 HGB, it is agreed that the freight forwarder, in his position as carrier, is not responsible for the fault of his staff and the ship’s crew if the damage was caused by conduct in the management or other operation of the ship, but not in the execution of measures taken primarily in the interest of the cargo, or 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 capacity as carrier or actual carrier is not liable for damage that

  • 25.2.1. are caused by an act or omission of the skipper, pilot or other legal entity in the service of the vessel or a pusher or tugboat in the nautical management or the formation or dissolution of a pushing or towing convoy, provided that the forwarder has fulfilled his obligations under Art. 3 para. 3 CMNI with regard to the crew, unless the act or omission is committed with the intention of causing the damage or recklessly and in the knowledge that such damage is likely to occur,
  • 25.2.2. 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 forwarder, the actual carrier or their servants or agents or by a defect in the vessel,
  • 25.2.3. are due to defects in his or a rented or chartered ship existing before the start of the voyage, if he proves that the defects could not have been discovered before the start of the voyage despite exercising due care.

25.3. Section 22.4. remains unaffected.

26 Non-contractual claims

The above exclusions and limitations of liability shall also apply to non-contractual claims in accordance with §§ 434, 436 HGB. Section 23.4.1. shall apply accordingly.

27 Qualified fault

27.1. The exclusions and limitations of liability specified in Clauses 22.2, 22.3, 23.3 and 23.4 in conjunction with 23.5, 24 and 26 shall not apply if the damage was caused by

  • 27.1.1. by intent or gross negligence on the part of the freight forwarder or his vicarious agents or
  • 27.1.2. by breach of material contractual obligations, whereby claims for compensation in the latter case are limited to the foreseeable, typical damage.

27.2. Notwithstanding clause 27.1.2, the limitations of liability in clauses 24.1. and 24.2. shall only apply in the event of a grossly negligent or intentional breach of material contractual obligations.

27.3. §§ Sections 435, 507 HGB remain unaffected in their respective scope of application.

27.4. Section 27.1. does not apply to statutory provisions such as Art. 25 MÜ, Art. 36 CIM or Art. 20, 21 CMNI, which extend or allow to extend the liability of the freight forwarder, or extend the attribution of fault to persons or other third parties.

28. liability insurance of the freight forwarder

28.1. The freight forwarder is obliged to take out and maintain liability insurance with an insurer of his choice at standard market conditions, which covers his contractual liability under the ADSp and the law at least to the extent of the standard liability sums. The agreement of a maximum compensation per claim, loss event and year is permissible, as is the agreement of an appropriate excess for the freight forwarder.

28.2. Upon request, the freight forwarder must prove the existence of valid liability insurance cover to the principal by submitting an insurance confirmation. If he does not provide this proof within a reasonable period of time, the client may terminate the transportation contract for cause.

28.3. The freight forwarder may only invoke the liability provisions of the ADSp vis-à-vis the principal if he has sufficient insurance cover when placing the order.

29. client liability

29.1. The liability of the client under Sections 414, 455, 468 and 488 HGB is limited to EUR 200,000 per damage event.

29.2. The above limitation of liability shall not apply to personal injury, i.e. injury to life, body 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 material contractual obligations, whereby claims for compensation in the latter case shall be limited to the foreseeable, typical damage.

30 Applicable law, place of performance, place of jurisdiction

30.1. The legal relationship between the freight forwarder and the principal is governed by German law.

30.2. The place of performance for all parties involved is the location of the branch office of the freight forwarder to which the order or request is directed.

30.3. The place of jurisdiction for all legal disputes arising from the transportation contract, its initiation or in connection with it, for all parties involved, insofar as they are merchants, is either the location of the client’s branch office or the branch office of the freight forwarder to which the order or request is directed. In the case of Art. 31 CMR and 46 § 1 CIM, the above agreement on the place of jurisdiction applies as an additional agreement on the place of jurisdiction; in the case of Art. 39 CMR, 33 MÜ, 28 WA it does not.

31. secrecy

The parties are obliged to treat as confidential all non-public information that becomes known to them during the execution of the transportation contract. The information may only be used for the purpose of providing the service. The parties must impose this confidentiality obligation on other legal entities that they use to fulfill their contractual obligations.

32. compliance

32.1. The freight forwarder undertakes to comply with minimum wage regulations and regulations on minimum conditions at the workplace and confirms this in text form at the request of the client. The Freight Forwarder shall indemnify the Principal against its liability for the minimum wage if the Freight Forwarder or a subcontractor or hirer employed under the transportation contract with the Principal fails to pay employees the statutory minimum wage and a claim is made against the Principal.

32.2. In the case of transportation, the freight forwarder must ensure that he or the contractor performing the transportation

  • 32.2.1. is the holder of a permit in accordance with § 3 GüKG or an authorization in accordance with § 6 GüKG or a Community license within the scope of application of the GüKG or does not use such a permit, authorization or license unlawfully,
  • 32.2.2. within the scope of application of the GüKG employs drivers who meet the requirements of § 7b Para. 1 sentence 1 GüKG is fulfilled,
  • 32.2.3. presents all documents required by law to be carried during transportation upon request, insofar as the client or third parties must comply with statutory inspection obligations.

32.3. The freight forwarder or the entrepreneur carrying out the transport is obliged to organize the work of his driving personnel in such a way that the prescribed working, driving and rest times can be complied with. There is a general ban on alcohol and drugs when driving the vehicle.

32.4. 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

  • 32.4.1. do not employ children or use forced labor,
  • 32.4.2. comply with the respective national laws and regulations on working hours, wages and salaries and other 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, injuries and work-related illnesses,
  • 32.4.4. refrain from any discrimination based on race, religion, disability, age, sexual orientation or gender,
  • 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 their business partners and subcontractors to base their actions on the aforementioned principles.

Published by:
Deutscher Speditions- und Logistikverband e. V. (DSLV)
Berlin office:
Platz vor dem Neuen Tor 5, 10115 Berlin | www.dslv.org