General German Forwarder Conditions (ADSp) 2017
Status: January 2017
We work exclusively on the basis of the General German Forwarder Conditions (ADSp) 2017.
1. Definitions
1.1 Delivery
The concept of delivery also includes the delivery of warehouse transactions.
1.2 Client
The legal entity that concludes a transport contract with the carrier.
1.3 Goods at Risk of Theft
Goods that are 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, EDP Devices and accessories as well as chip cards.
1.4 Recipients
The legal entity to which the goods are to be delivered under the transport contract or on the basis of effective instructions from the customer or another person entitled to dispose of them.
1.5 Vehicle
A means of transport used to transport goods on traffic routes.
1.6 Dangerous Goods
Goods that can 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 goods that fall within the scope of relevant dangerous goods laws and regulations as well as dangerous goods, water or waste regulations.
1.7 Loading equipment
Means for combining packages and forming loading units, e.g. B. pallets, containers, swap bodies, containers.
1.8 Loading/Unloading Point
The postal address, unless the parties have determined a more precise location.
1.9 Time of Performance
The time (date, time) at which a specific service is to be provided, e.g. B. a time window or a point in time.
1.10 Packages
Individual items or units formed by the customer to process the order, with and without loading equipment, which the freight forwarder must treat as a whole (freight items within the meaning of §§ 409, 431, 504 HGB).
1.11 Claim / Damage event
A case of damage occurs when an injured party asserts a claim under a transport contract or instead of a transport contract claim as a result of an external event; A damaging event occurs when, as a result of an external event, several injured parties assert claims from several transport contracts.
1.12 interface
After acceptance and before delivery of the goods by the carrier, any transfer of the goods from one legal entity to another, any reloading from one vehicle to another, any (intermediate) storage.
1.13 Carrier
The legal entity that concludes a transport contract with the client. Forwarders in this sense are in particular freight carriers within the meaning of § 407 HGB, forwarders within the meaning of § 453 HGB, warehouse keepers within the meaning of § 467 HGB and carriers within the meaning of §§ 481, 527 HGB.
1.14 Transport Contracts
Forwarder's contracts for all types of activities, regardless of whether they relate to forwarding, freight, sea freight, warehousing or other transactions usually associated with the forwarding trade (e.g. customs clearance, shipment tracking, transhipment).
These also include logistical services customary for forwarding if these are related to the transport or storage of goods, in particular activities such as the formation of loading units, order picking, labeling and weighing of goods and returns processing.
Wage contracts for the provision of manned motor vehicles for use according to the client's instructions also count as freight contracts.
1.15 Shippers
The legal entity that hands over the goods for carriage under the transport contract or on the basis of an effective instruction.
1.16 Essential contractual obligations
Obligations, the fulfillment of which enables the proper execution of the transport contract (section 1.14) and on the observance of which the contractual partner may regularly rely.
1.17 Valuable Good
Good with an actual value at the place and time of takeover of at least 100 euros/kg.
1.18 Timeframe
Agreed service period for the arrival of the carrier at the loading or unloading point.
1.19 Time
Agreed service time for the arrival of the freight forwarder at the loading or unloading point.
2. Scope
2.1 The ADSp apply to all transport contracts of the freight forwarder as a contractor.
2.2 Statutory provisions, which may not be deviated from by means of pre-formulated contractual conditions, take precedence over the ADSp.
2.3 The ADSp do not apply to transactions that exclusively have the 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 § 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 large-capacity transports, the implementation of which requires a transport permit or special permit, crane services and associated assembly work.
2.4 The ADSp do not apply to transport 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 informs the freight forwarder in good time of all known, significant factors influencing the execution of the order. Which includes
3.1.1 Addresses, type and condition of the goods, the gross weight (including packaging and loading equipment provided by the customer) or the quantity otherwise specified, identification, numbers, number and type of packages, special properties of the goods (such as live animals, plants, perishability ), the value of the goods (e.g. for customs purposes or insurance of the goods according to Section 21), and delivery times,
3.1.2 all public law, e.g. B. Customs law, foreign trade law (in particular goods, person or country-related embargoes) and security law obligations,
3.1.3 in the case of sea carriage, all data required under the maritime safety regulations (e.g. SOLAS) in the prescribed form,
3.1.4 Industrial property rights existing in relation to third parties, e.g. B. trademark and licensing restrictions associated with the possession of the goods, as well as legal or official obstacles that prevent the order processing,
3.1.5 special technical requirements for the means of transport and special load securing equipment that the freight forwarder should provide.
3.2 In the case of dangerous goods, the customer must notify the freight forwarder in writing in good time of the quantity, the exact nature of the risk and - if necessary - the precautionary measures to be taken. If it is dangerous goods within the meaning of the law on the transport of dangerous goods or other goods for the transport or storage of which there are special dangerous goods or waste regulations, the customer must provide the information required for the proper execution of the order, in particular the classification according to the relevant dangerous goods law, and to hand over the necessary documents at the latest when the goods are handed over.
3.3 In the case of valuable goods or goods that are at risk of theft, the customer must inform the freight forwarder in text form 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 to ensure that the order is processed safely and without damage can. If he accepts this order, the freight forwarder is obliged to take appropriate security measures to protect the goods.
3.4 The customer must make all certificates and other documents available to the freight forwarder and provide information (e.g. tariff classification) that is particularly necessary for proper customs or other legally prescribed treatment - this also includes security checks, e.g. B. for air freight shipments - of the goods are necessary.
4. Rights and Obligations of the Freight Forwarder
4.1 The freight forwarder must look after the interests of the principal. He must check the order placed with him for obvious defects and immediately notify the customer of all risky circumstances 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 used for the transport, load securing equipment and, if the provision of loading equipment has been agreed, are in a technically perfect condition and comply with the statutory provisions and the requirements for the goods stipulated in the transport contract. Vehicles and loading equipment must be equipped 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 must deploy reliable drivers who have been trained according to the job, are suitable and properly employed and, if necessary, have a driver's certificate.
4.4 On third-party premises, the freight forwarder must comply with the house, company or construction site regulations that are in force there and that have been made known to him. § 419 HGB remains unaffected.
4.5 The freight forwarder is entitled to make customs clearance dependent on the granting 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 transport of the goods or the import or export clearance, this order also includes, in case of doubt, the customs or other legally prescribed treatment of the goods if the cross-border transport to the destination cannot be carried out without them. He can do this
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. B. repack the goods,
4.6.2 interpret the duties assessed by the customs authorities.
4.7 In the event of damage to goods or damage caused by delay, the freight forwarder must, at the request of the principal or consignee, immediately provide the principal or consignee with all information known to him and necessary to secure claims for damages.
4.8 In the absence of an express agreement, the order given to 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 circumstances or custom dictate otherwise,
4.8.3 a ban on reloading (§ 486 HGB does not apply),
4.8.4 the provision of a shipment tracking system, unless this is customary in the industry, clause 14 remaining unaffected,
4.8.5 Returns, transfers and hidden cargo.
If, contrary to the order, the customer hands over one or more additional packages for transport and the forwarder accepts this or these packages for transport, the forwarder and the customer conclude a new transport contract for these goods. In the absence of deviating agreements, the provisions of the original transport contract apply to returns or hidden additional loads. Section 5.2 remains unaffected.
4.9 Further performance and information obligations, e.g. B. about quality management measures and their compliance (audits) as well as monitoring and evaluation systems and key performance indicators, require the express agreement.
5. Contact Person, Electronic Communications 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, explanations and inquiries for the execution of the contract and shall provide the name and contact addresses of the other party. This information must be updated if it changes. If a party does not specify 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. B. on measures taken by the freight forwarder in the event of disruptions, in particular an imminent delay in acceptance or delivery, obstacles to transport or delivery, damage to the goods or other disruptions (emergency plan) require express agreement.
5.2 In the absence of an express agreement, contractual declarations by the warehouse and driving staff require the approval of the respective contracting party in order to be effective.
5.3 The customer must ensure that the shipper or recipient makes the declarations required at the loading or unloading point for the customer to process the transport contract and carries out actual actions, such as handing over or taking over the goods.
5.4 If this has been agreed between the customer and the freight forwarder, the parties will transmit or receive shipment data, including the creation of the invoice, via EDI (Electronic Data Interchange)/DFU (data transmission). The transmitting party bears the risk of loss, completeness and correctness of the transmitted data.
5.5 In the case of an agreement according to Section 5.4, the parties ensure that their own IT system is operational and that the usual security and control measures are implemented in order to protect electronic data exchange from access by third parties and from alteration, loss or destruction electronically to prevent transmitted data. Each party is obliged to notify the other party in good time of changes to its IT system that may affect electronic data exchange.
5.6 Electronically or digitally created documents, in particular proof of delivery, are equivalent to written documents. In addition, each party is entitled to only archive written documents 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 are to be packaged by the customer and, if necessary, provided with clearly and permanently attached labels for their proper handling. Old license plates are to be removed or made unrecognizable. The same applies to packages.
6.2 In addition, the client is obliged
6.2.1 to identify packages belonging to a consignment as recognizable as belonging together,
6.2.2 To prepare packages - if necessary - in such a way that access to the contents is not possible without leaving externally visible traces.
7. Load securing and control duties of the freight forwarder
7.1 If the loading or unloading takes place at more than one loading or unloading point, the freight forwarder shall ensure that the load is secured right up to the last unloading point once the goods have been loaded safely for transport.
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 visible damage and integrity of labels, seals and closures and document irregularities.
8. Receipt
8.1 The freight forwarder must acknowledge receipt of the goods – possibly 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 data previously transmitted by the customer, the correctness of a receipt for the number and type of loaded packages is deemed to have been refuted if the freight forwarder reports (quantity) differences and damage to the customer immediately after he has received the loading unit has discharged.
8.3 As proof of delivery, the freight forwarder must request a delivery receipt from the recipient for the packages specified in the order or in other accompanying documents. If the recipient refuses to issue the delivery receipt, the freight forwarder must obtain instructions. The client can demand the delivery receipt within one year after delivery of the goods.
8.4 All signed documents proving the execution of the order, such as delivery notes, forwarder acceptance notes, bills of lading and sea bills of lading, 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 customer requests the issuance of a bill of lading or sea waybill, bill of lading or bill of lading.
9. Instructions
The freight forwarder is obliged to comply with any instruction regarding the goods given to him after the conclusion of the contract, unless the execution of the instruction threatens to cause disadvantages for the operation of his company or damage to the customer or recipient 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 notification of the client that the order is to be processed freight collect or z. B. in accordance with the Incoterms for the account of the recipient or a third party,
does not affect the customer's obligation towards the freight forwarder to bear the remuneration and other expenses (freight, customs and other charges). Cash on delivery orders e.g. B. according to § 422 HGB, Art. 21 CMR remain unaffected.
11. Failure to comply with loading and unloading times, demurrage
11.1 If the client has to load or unload the goods, he is obliged to comply with the agreed loading or unloading time, which is otherwise reasonable.
11.2 If a point in time or a time window is agreed for the provision of a vehicle in road freight transport or notified by the freight forwarder without the customer, shipper or recipient objecting, the loading or unloading time for full loads (but not for bulk goods) is independent of the number of Shipments per loading or unloading point for vehicles with a permissible total weight of 40 tons a maximum of 2 hours for loading or unloading. In the case of vehicles with a lower total 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. notification to the porter) and ends when the client or recipient has fully fulfilled his obligations.
If a specific service time has been agreed for the provision of the road vehicle at the loading or unloading point, the loading or unloading time does not begin before the time agreed for the provision.
11.4 If the loading or unloading time is exceeded due to a contractual agreement or for reasons that are not attributable to the freight forwarder's sphere of risk, the customer must pay the freight forwarder the agreed demurrage fee, otherwise an appropriate demurrage fee.
11.5 The above provisions apply mutatis mutandis if the freight forwarder is obliged to load or unload the goods and the customer is only obliged to make the goods available for loading or to accept them after unloading.
12. Obstacles to performance, force majeure
12.1 If the freight forwarder cannot take over the goods or not in good time, he must notify the customer or shipper of this immediately and obtain appropriate instructions. § 419 HGB applies accordingly. The client remains entitled to terminate the transport contract without the freight forwarder being entitled to assert claims under § 415 para. 2 HGB to assert.
12.2 Obstacles to performance that are not attributable to the area of risk of one of the contracting parties 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, unrest, acts of war or terrorism, strikes and lockouts, blockades of transport routes and other unforeseeable, unavoidable and serious events.
In the event of an impediment to performance, each contractual party is obliged to inform the other party immediately; the freight forwarder is also obliged to obtain instructions from the customer.
13. Delivery
13.1 If, after arrival at the unloading point, it becomes apparent that unloading cannot be carried out within the unloading time, the freight forwarder must notify the customer of this immediately and obtain appropriate instructions. § 419 HGB applies.
13.2 If the freight forwarder cannot meet 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 cannot be found in his apartment, in the business premises or in a community facility where the recipient lives, the goods can be delivered, unless there are obvious doubts about their entitlement to receive them
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 on business premises to a person employed there,
13.3.3 in community facilities, the head of the facility or an authorized representative.
13.4 If the freight forwarder has made an agreement with the principal or recipient according to which delivery should take place without physical handover to the recipient (e.g. night, garage or conveyor belt delivery), delivery will take place with the actual provision of the goods on the agreed date Location.
13.5 Delivery may only take place under the supervision of the client, recipient or a third party authorized to receive the goods. Sections 13.3 and 13.4 remain unaffected.
14. Information and surrender obligation of the freight forwarder
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 give an account of its execution; However, he is only obliged to disclose the costs if he is acting on behalf of the client.
14.2 The freight forwarder is obliged to hand over to the principal everything that he receives for the execution of the business and what he gains from the management.
15. Storage
15.1 The customer must pack and mark the goods, if necessary, and provide documents and all information that the freight forwarder needs for proper storage.
15.2 The storage takes place at the choice of the freight forwarder in his own or, insofar as this is not contractually excluded, in third-party storage rooms. If the freight forwarder stores the goods with a third-party warehouse keeper, he must inform the customer immediately in writing of his name and the storage location or, if a warehouse receipt has been issued, make a note on it.
15.3 The freight forwarder is responsible for the proper maintenance and care of warehouses and other storage areas, the access roads to the company areas and the security of the goods, in particular against theft. Further security measures, e.g. B. go beyond the statutory fire protection regulations, require the express agreement.
15.4 Unless otherwise agreed
15.4.1 acceptance of the goods for storage begins when the carrier begins unloading the vehicle and delivery of the goods ends when the carrier completes loading,
15.4.2 the inventory is managed by the warehouse management system of the freight forwarder,
15.4.3 there is one physical inventory per year. At the instruction of the customer, the freight forwarder will carry out further physical inventories against reimbursement of expenses.
15.5 When accepting the goods, the freight forwarder undertakes to carry out an incoming inspection of the type, quantity and condition of the goods, signs, numbers, number of packages and externally recognizable damage in accordance with Section 438 of the German Commercial Code, if he has appropriate means of inspection at his disposal.
15.6 To secure the goods, regular checks are to be carried out by suitable freight forwarder personnel.
15.7 In the event of shortages and feared changes to the goods, the freight forwarder must inform the customer immediately and obtain instructions. § 471 para. 2 HGB remains unaffected.
15.8 Further performance and information obligations require express agreement.
16. Compensation
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 storage and foreseeable at the time the offer is submitted cannot be asserted separately, unless something else has been agreed. Calculation errors are at the expense of the person making the calculation. §§ 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 may consider necessary under the circumstances and which he is not responsible for, in particular contributions to general average proceedings, detention or demurrage costs, repackaging to protect the goods.
17.2 If the principal commissions the freight forwarder to take delivery of the goods and freight, cash on delivery, customs duties, taxes or other levies or expenses are requested upon delivery to the freight forwarder, the freight forwarder is entitled but not obliged to collect these - insofar as he may deem necessary under the circumstances - to be interpreted and to demand reimbursement from the client, unless something else has been agreed.
17.3 Upon request, the customer shall exempt the freight forwarder from expenses such as freight claims, contributions to general average proceedings, customs duties, taxes and other charges that are made to the freight forwarder, in particular as the person entitled to dispose of or as the owner of third-party goods, if the freight forwarder is not responsible for them Has.
18. Invoices, Foreign Currency
18.1 Claims for remuneration by the freight forwarder require receipt of an invoice or payment schedule that satisfies the statutory requirements. Unless otherwise agreed, the due date in the case of undisputed delivery does not require the submission of proof of delivery.
18.2 The Freight Forwarder is entitled to request payment from foreign principals or consignees in their local currency or in euros, at his option.
18.3 If the freight forwarder owes or pays out foreign currency, he is entitled to demand payment either in the foreign currency or in euros. If he requests payment in euros, the conversion will be made at the exchange rate officially set on the day of payment by the freight forwarder, which the freight forwarder must provide evidence of.
18.4 Payment processing using the credit note procedure must be expressly agreed. In case of doubt, the customer must issue credits immediately after the service has been rendered. item 18.1 Sentence 1 does not apply to the credit note procedure.
19. Offsetting, Retention
Offsetting or retention is only permissible against claims arising from the transport contract and related non-contractual claims if the counterclaim is due, undisputed, ready for a decision or has been legally established.
20. Right of Lien and Right of Retention
20.1 In order to secure his claims from transport contract services, the freight forwarder may invoke the statutory rights of lien and retention to which he is entitled.
20.2 The realization of the pledge takes place in accordance with the statutory provisions with the proviso that
20.2.1 if the carrier or carrier exercises the statutory right of lien, the warning of the sale of the pledge and the necessary notifications are to be addressed to the consignee,
20.2.2 the period of one month specified in § 1234 BGB is replaced by one week.
20.3 The principal is entitled to prohibit the exercise of the right of lien if he grants the freight forwarder equivalent security with regard to his claims (e.g. directly enforceable bank guarantee).
21. Insurance of the goods
21.1 The freight forwarder arranges for the goods to be insured (e.g. transport or storage insurance) with an insurer of his choice if instructed to do so by the principal before the goods are handed over.
21.2 The freight forwarder must arrange for the goods to be insured if this is in the interest of the principal. The freight forwarder may suspect this in particular if
21.2.1 the freight forwarder has taken out insurance under a previous contract of carriage in the context of an ongoing business relationship,
21.2.2 the customer has specified a "goods value for insurance of the goods" in the order.
21.3 In particular, there is no presumption of interest in taking out insurance under Section 21.2 if
21.3.1 the client prohibits stocking up,
21.3.2 the Client is a freight forwarder, carrier or warehouse keeper.
21.4 When arranging insurance, the freight forwarder must follow the instructions of the principal, in particular with regard to the insured sum and the risks to be covered. If he does not receive any instructions, the freight forwarder must decide on the type and scope of the insurance at his best discretion and take it out at standard market conditions.
21.5 If the freight forwarder is unable to obtain insurance cover because of the nature of the goods to be insured or for any other reason, the freight forwarder must inform the principal immediately.
21.6 If the freight forwarder arranges insurance after the conclusion of the contract on the instructions of the principal, if he takes on the collection of a compensation amount or other activities in the processing of insured events and averages, he is entitled to a locally customary, otherwise reasonable remuneration in addition to reimbursement of his expenses, even without an agreement.
22. Freight Forwarder's Liability, Assignment of Claims
22.1 The freight forwarder is liable for damage in accordance with statutory provisions. However, the following regulations apply, unless mandatory or fixed legal provisions stipulate otherwise.
22.2 In all cases in which the freight forwarder is liable for loss of or damage to the goods (damage to goods) according to Sections 23.3 and 24, he must pay compensation for value and costs in accordance with §§ 429, 430, 432 HGB instead of compensation.
22.3 In the event of inventory discrepancies, the Freight Forwarder may, in the cases covered by Clause 24, offset the value of the inventory in the case of simultaneous shortages and excess stocks from the same customer to determine the replacement value.
22.4 If the freight forwarder has claims against a third party as a result of damage for which he is not liable, or if the freight forwarder has claims for damages 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 takes over the pursuit of claims for the account and risk of the customer on the basis of a special agreement. §§ 437, 509 HGB remain unaffected.
23. Limitations of Liability
23.1 The liability of the freight forwarder for damage to goods in his care according to § 431 para. 1, 2 and 4 HGB, with the exception of damage from sea transport and storage, the amount is limited as follows:
23.1.1 to 8.33 special drawing rights for each kilogram when the freight forwarder
– carrier within the meaning of § 407 HGB,
– Freight forwarder in self-employment, fixed costs
- or groupage freight forwarder within the meaning of §§ 458 to 460 HGB
or
- Custody forwarder within the meaning of § 461 para. 1 HGB;
23.1.2 to 2 instead of 8.33 special drawing rights for each kilogram if the customer has concluded a transport contract with the freight forwarder for carriage using various means of transport, including sea carriage, and the location of the damage is unknown. If the location of the damage is known, liability is determined according to § 452a HGB, taking into account the exclusions and limitations of liability of the ADSp.
23.1.3 If the Freight Forwarder's liability under clause 23.1.1. an amount of EUR 1.25 million per claim, its liability is also limited from each claim to a maximum of EUR 1.25 million or 2 Special Drawing Rights for each kilogram, whichever is greater.
23.2 The liability of the freight forwarder for damage to goods in his care is limited to the maximum statutory liability for such carriage in the case of a contract of carriage for sea carriage and international carriage. Section 25 remains unaffected.
23.3 In the cases not covered by clauses 23.1 and 23.2 (such as § 461 Para. 2 HGB, §§ 280 ff BGB) the liability of the freight forwarder for damage to goods according to § 431 Para. 1, 2 and 4 HGB in terms of amount
23.3.1 in the case of a contract of carriage for carriage by sea or carriage 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 every kilogram.
23.3.3 In addition, the Freight Forwarder's liability for each claim is limited to a maximum of EUR 1.25 million.
23.4 The liability of the freight forwarder for other than damage to goods, with the exception of damage during storage, personal injury and property damage to third-party goods, is limited to three times the amount to be paid in the event of loss of the goods in accordance with Section 23.3.1 or 23.3.2 would. In addition, the carrier's liability for each claim is limited to a maximum of EUR 125,000.
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 regulations in international conventions, from which pre-formulated contractual conditions may not be deviated from, remain unaffected.
23.4.2 Clause 23.4 does not apply to legal provisions such as Art. 25 MC, Art. 5 CIM or Art. 20 CMNI, which extend or allow to extend the liability of the freight forwarder.
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 incident, his liability shall also be limited to a maximum of EUR 2.5 million per incident, regardless of how many claims are made from an incident Incident or 2 Special Drawing Rights for each kilogram of goods lost and damaged, whichever is greater; if there are several injured parties, 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 according to § 431 para. 1, 2 and 4 HGB to 8.33 special drawing rights for every kilogram,
24.1.2 a maximum of EUR 35,000 per claim.
24.1.3 If the damage to a customer is based on a difference between the target and actual stock levels, the liability of the freight forwarder is limited to EUR 70,000 per year, in derogation of clause 24.1.2, regardless of the number and type of inventories carried out and the number of claims that caused the inventory difference.
24.2 In return for payment of a surcharge to be agreed, the client can specify in text form a value for increasing liability that exceeds the maximum amounts specified in Section 24.1. In this case, the specified value takes the place of the relevant maximum amount.
24.3 The liability of the freight forwarder for other than damage to goods, with the exception of personal injury and property damage to third-party goods, is limited to EUR 35,000 per claim in the case of storage by order.
24.4 The liability of the freight forwarder – with the exception of personal injury and property damage to third-party goods – is in any case limited to EUR 2.5 million per damage event, regardless of how many claims are made from a damage event; if there are several injured parties, the freight forwarder is liable in proportion to their claims. Clause 24.2 remains unaffected.
25. Exclusion of liability for sea and inland waterway transport
25.1 According to § 512 para. 2 No. 1 HGB, it is agreed that the freight forwarder, in his position as a carrier, is not responsible for the fault of his people and the ship's crew if the damage was caused by behavior in the management or other operation of the ship, but not in the implementation of Measures taken primarily in the interest of the cargo or caused by fire or explosion on board a ship.
25.2 According to Art. 25 para. 2 CMNI it is agreed that the freight forwarder, in his position as carrier or substitute carrier, is not liable for damage which
25.2.1 caused by an act or omission of the skipper, pilot or other legal person in the service of the ship or of a pusher or tugboat in the nautical management or in the making up or breaking up of a pushed or towed convoy, provided the freight forwarder has fulfilled his obligations Art. 3 para. 3 CMNI with respect to crew, unless the act or omission is committed with intent to cause harm or recklessly and with knowledge that such harm is likely to occur,
25.2.2 caused by fire or explosion on board the ship without proof that the fire or explosion was caused by the fault of the freight forwarder, the actual carrier or their servants or agents or by a defect in the ship,
25.2.3 are due to defects in his or a hired or chartered ship that existed before the start 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.
26. Non-Contractual Claims
The above exclusions and limitations of liability also apply to non-contractual claims in accordance with §§ 434, 436 HGB. Clause 23.4.1 applies accordingly.
27. Qualified Fault
27.1 The exclusions and limitations of liability specified in Sections 22.2, 22.3, 23.3 and 23.4 in conjunction with 23.5, 24 and 26 do not apply if the damage has been caused
27.1.1 through intent or gross negligence on the part of the freight forwarder or his 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 Contrary to Section 27.1.2, the limitations of liability in Sections 24.1 and 24.2 only apply in the event of a grossly negligent or intentional breach of essential contractual obligations.
27.3 §§ 435, 507 HGB remain unaffected in their respective area of application.
27.4 Clause 27.1 does not apply to statutory provisions such as Art. 25 MC, Art. 36 CIM or Art. 20, 21 CMNI, which extend or allow to extend the liability of the freight forwarder, or the attribution of the fault of people or other third parties stretch.
28. Carrier Liability Insurance
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 at least covers his liability under the ADSp and the law to the extent of the standard liability sums. The agreement of a maximum compensation per claim, damage event and year is permissible; as well as the agreement of a reasonable deductible for the freight forwarder.
28.2 Upon request, the freight forwarder must provide the principal with proof of the existence of valid liability insurance cover by submitting a certificate of insurance. If he does not provide this proof within a reasonable period of time, the customer can terminate the transport contract extraordinarily.
28.3 The freight forwarder may only invoke the ADSp liability provisions vis-à-vis the principal if he has sufficient insurance cover in place when the order is placed.
29. Client Liability
29.1 The liability of the client from §§ 414, 455, 468 and 488 HGB is limited to 200,000 euros per damage event.
29.2 The above limitation of liability does not apply to personal injury, i.e. injury to life, limb or health, or if the damage was caused by intent or gross negligence on the part of the customer or his vicarious agents or by breach of essential contractual obligations, whereby claims for compensation are limited in the latter case are based on the foreseeable, typical damage.
30. Applicable law, place of performance, place of jurisdiction
30.1 German law applies to the legal relationship between the freight forwarder and the customer.
30.2 The place of performance for all parties involved is the location of the freight forwarder's branch to which the order or inquiry is addressed.
30.3 The place of jurisdiction for all legal disputes arising from the transport contract, its initiation or in connection therewith is for all parties involved, insofar as they are merchants, either the place of the customer's branch or the branch of the freight forwarder to which the order or the inquiry is sent is directed. The above agreement on jurisdiction applies in the case of Art. 31 CMR and 46 § 1 CIM as an additional agreement on jurisdiction, in the case of Art. 39 CMR, 33 MÜ, 28 WA not.
31. Secrecy
The parties are obliged to treat confidentially all information that becomes known to them during the execution of the transport contract and that is not publicly accessible. The information may only be used for the purpose of providing the service. The parties shall impose this obligation of confidentiality on other legal entities which they use in the fulfillment of their transport contractual obligations.
32. Compliance
32.1 The freight forwarder undertakes to comply with minimum wage regulations and regulations on minimum working conditions and will confirm this in text form at the request of the principal. The freight forwarder releases the client from his liability for the minimum wage if the freight forwarder or a subcontractor or hirer employed within the framework of the transport contract with the client does not pay the statutory minimum wage and the client is held liable.
32.2 In the case of carriage, the freight forwarder must ensure
that he or the contractor carrying out the transport
32.2.1 within the scope of the GüKG is the holder of a permit pursuant to Section 3 GüKG or an authorization pursuant to Section 6 GüKG or a joint license or does not use such a permit, authorization or license inadmissibly,
32.2.2 uses drivers within the scope of the GüKG for transport who meet the requirements of § 7b para. 1 sentence 1 GüKG fulfilled,
32.2.3 upon request, submits all documents required by law to be carried during carriage, insofar as the customer or third parties have to comply with statutory control obligations.
32.3 The freight forwarder or the company carrying out the transport is obliged to organize the activities of its drivers 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 regulations applicable to their company. 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 customs. In particular, both parties in their companies
32.4.1 do not employ children or use forced labourers,
32.4.2 comply with the relevant national laws and regulations on working hours, wages and salaries and other employer obligations,
32.4.3 comply with the applicable work and health regulations and ensure a safe and healthy working environment in order to maintain the health of employees and to prevent accidents, injuries and work-related illnesses,
32.4.4 refrain from any form of 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 anti-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.
General German Forwarder Conditions 2017 (ADSp 2017)
Publisher: German Freight Forwarding and Logistics Association e. V. (DSLV) | Responsible for the content: Frank Huster (Managing Director)
Registered office: Weberstraße 77, 53113 Bonn | Office Berlin: Unter den Linden 24 / Friedrichstraße 155-156, 10117 Berlin | www.dslv.org