ADSP

1. Definitions

1.1 Delivery – The term “delivery” also includes release at warehousing.
1.2 Customer – The legal person who enters into a transport contract with the forwarder.
1.3 Goods at risk of theft – Goods exposed to an increased risk of robbery and theft, such as money, precious metals, jewellery, watches, gemstones, works of art, antiques, debit and credit cards or other means of payment, securities, valuables, documents, spirits, tobacco products, consumer electronics, telecommunications devices, IT devices and accessories as well as chip cards.
1.4 Consignee – The legal person to whom the goods are to be delivered under the transport contract or by valid instruction of the customer or another person entitled to dispose of the goods.
1.5 Vehicle – A means of transport used to carry goods on traffic routes.
1.6 Dangerous goods – Goods which, even in the course of normal transport, storage or other activity, may pose an immediate danger to persons, vehicles and the protected interests of third parties. Dangerous goods are in particular those falling within the scope of the relevant dangerous goods laws and regulations as well as hazardous substances, water or waste regulations.
1.7 Load equipment – Devices for consolidating packages and forming loading units, e.g. pallets, containers, swap bodies, bins.
1.8 Loading point / unloading point – The postal address, unless the parties have agreed on a more precise location.
1.9 Performance time – The time (date, hour) at which a particular service is to be rendered, e.g. a time slot or a point in time.
1.10 Packages – Individual items or units formed by the customer for the execution of the order, with or without load equipment, which the forwarder must treat as a whole (freight items within the meaning of §§ 409, 431, 504 of the German Commercial Code, HGB).
1.11 Damage event / loss event – A damage event exists when a damaged party asserts a claim arising from a transport contract or in place of such a claim on the basis of an external occurrence; a loss event exists when several damaged parties assert claims from several transport contracts on the basis of an external occurrence.
1.12 Interface – After the goods have been taken over and before delivery by the forwarder, every transfer of the goods from one legal person to another, every reloading from one vehicle to another, every (intermediate) storage.
1.13 Forwarder – The legal person who concludes a transport contract with the customer. Forwarders within this meaning include 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 Transport contracts – Contracts of the forwarder concerning all types of activities, irrespective of whether they relate to forwarding, freight, sea freight, warehousing or other operations customary in the forwarding industry (e.g. customs clearance, track-and-trace, transhipment). They also include logistics services customary in forwarding, where these are connected with the transport or storage of goods, in particular activities such as the formation of loading units, picking, labelling and weighing of goods and return handling. Contracts for the provision of manned vehicles for use as instructed by the customer also qualify as freight contracts.
1.15 Loader – The legal person who hands over the goods for transport under the transport contract or based on a valid instruction.
1.16 Material contractual obligations – Obligations whose fulfilment first enables the proper performance of the transport contract (clause 1.14) and on whose compliance the contracting party may regularly rely.
1.17 Valuable goods – Goods with an actual value at the place and time of pickup of at least EUR 100/kg.
1.18 Time slot – The agreed period of performance for the forwarder’s arrival at the loading or unloading point.
1.19 Point in time – The agreed point in time of performance for the forwarder’s arrival at the loading or unloading point.

2. Scope

2.1 The ADSp apply to all transport contracts in which the forwarder is the contractor.
2.2 Mandatory statutory provisions from which no deviation by pre-formulated contract terms is permitted take precedence over the ADSp.
2.3 The ADSp do not apply to business activities whose sole subject matter is
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 digitisation of files; files mean all kinds of physical and digitised business papers, documents, data media and similar items used for the collection of information,
2.3.5 heavy or oversized transports whose performance requires a traffic-law transport permit or an exemption authorisation, crane services and assembly work associated therewith.
2.4 The ADSp do not apply to transport contracts with consumers within the meaning of § 13 of the German Civil Code (BGB).

3. Customer’s duties when placing the order; information duties, special types of goods

The customer shall inform the forwarder in good time of all material factors known to him that affect the performance of the order. These include
3.1.1 addresses, type and nature of the goods, the gross weight (including packaging and load equipment provided by the customer) or any other quantity stated, 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 under clause 21), and delivery deadlines,
3.1.2 all public-law obligations, e.g. customs, foreign trade (in particular product-, person- or country-related embargoes) and security-related obligations,
3.1.3 in the case of sea transports, all data required under maritime safety provisions (e.g. SOLAS) in the prescribed form,
3.1.4 industrial property rights of third parties, e.g. trademark- and licence-related restrictions connected with the possession of the goods, as well as statutory or administrative obstacles to the performance of the order,
3.1.5 special technical requirements for the means of transport and special load securing equipment that the forwarder is to provide.
3.2 In the case of dangerous goods, the customer shall inform the forwarder in text form in good time of the quantity, the exact type of danger and, where necessary, the precautions to be taken. If the goods are dangerous goods within the meaning of the law on the carriage of dangerous goods or other goods for whose transport or storage special dangerous-goods or waste regulations apply, the customer shall provide the information necessary for the proper performance of the order, in particular the classification under the applicable dangerous-goods law, and shall provide the required documents at the latest when handing over the goods.
3.3 In the case of valuable goods or goods at risk of theft, the customer shall inform the forwarder in the order in text form of the type and value of the goods and the existing risk, so that the forwarder can decide whether to accept the order or take appropriate measures for safe and damage-free handling. If he accepts the order, the forwarder shall be obliged to take suitable safeguards for the protection of the goods.
3.4 The customer shall make available to the forwarder all certificates and other documents and provide all information (e.g. tariff classification) necessary in particular for the proper customs treatment or other statutorily prescribed treatment – including security checks, e.g. for air freight shipments – of the goods.

4. Rights and duties of the forwarder

4.1 The forwarder shall safeguard the interests of the customer. He shall check the order placed with him for obvious defects and shall promptly inform the customer of all dangerous circumstances known to him in relation to the performance of the order. Where necessary, he shall obtain instructions.
4.2 The forwarder shall ensure that the vehicles, load securing equipment and, insofar as the provision of load equipment is agreed, such equipment used by him to handle the transport are in technically faultless condition and comply with statutory provisions and the requirements set out in the transport contract for the goods. Vehicles and load equipment shall be equipped with the customary devices, equipment or procedures for protection against dangers to the goods, in particular load securing equipment. Vehicles should be low-emission, noise-reduced and energy-saving.
4.3 The forwarder shall deploy reliable, suitably trained, properly employed driving personnel and, where necessary, holders of a driver attestation.
4.4 On third-party premises the forwarder shall comply with any house, operating or construction-site rules applicable there and made known to him. § 419 HGB remains unaffected.
4.5 The forwarder is entitled to make customs clearance conditional on the granting of a written power of attorney enabling him to act as direct representative.
4.6 If the forwarder is commissioned with the cross-border transport of the goods or with import or export clearance, in case of doubt this commission also includes the customs or other statutorily prescribed treatment of the goods, where without it the cross-border transport to the destination cannot be carried out. In doing so he may
4.6.1 open packaging where this is necessary to perform a statutorily prescribed inspection (e.g. forwarder as Regulated Agent), and subsequently take all measures necessary for executing the order, e.g. repackage the goods,
4.6.2 advance the duties imposed by customs.
4.7 In case of damage to goods or delay, the forwarder shall, at the request of the customer or the consignee, immediately provide that party with all information known to him that is necessary to secure damage claims.
4.8 In the absence of express agreement, the order given to the forwarder does not include
4.8.1 the provision and exchange of pallets or other load equipment,
4.8.2 the loading and unloading of the goods, unless the circumstances or trade practice suggest otherwise,
4.8.3 a prohibition on transhipment (§ 486 HGB does not apply),
4.8.4 the provision of a track-and-trace system, unless this is industry-customary, in which case clause 14 remains unaffected,
4.8.5 returns, transfers and covert co-loads. If, in deviation from 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 regarding these goods. In the case of returns or covert co-loads, the provisions of the original transport contract apply in the absence of deviating agreements. Clause 5.2 remains unaffected.
4.9 More extensive service and information duties, e.g. on quality management measures and their observance (audits) as well as monitoring and evaluation systems and performance indicators, require express agreement.

5. Contact person, electronic communication and documents

5.1 At the request of one contracting party, each contracting party shall name one or more contact persons for receiving information, declarations and inquiries for contract execution, and shall communicate names and contact addresses to the other party. This information shall be updated on any change. If a party does not designate a contact person, the person who concluded the transport contract for the party shall be deemed the contact person. Information duties going beyond statutory law, e.g. on measures of the forwarder in case of disruptions, in particular impending delay in pickup or delivery, transport or delivery obstacles, damage to the goods or other disruptions (emergency concept) require express agreement.
5.2 In the absence of express agreement, contractual declarations of warehouse and driving personnel require the approval of the respective contracting party in order to be effective.
5.3 The customer shall ensure that the loader or consignee makes the declarations required at the loading or unloading point to execute the transport contract on behalf of the customer and performs the actual handling, such as handover or receipt of the goods.
5.4 Where this is agreed between the customer and the forwarder, the parties shall transmit and receive shipment data, including invoicing, via EDI (Electronic Data Interchange) / DFT (data file transfer). The transmitting party shall bear the risk for the loss, completeness and accuracy of the data transmitted.
5.5 In the case of an agreement under clause 5.4, the parties shall ensure that their own IT system is operational and that customary security and control measures are carried out 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 shall promptly inform the other party of any changes to its IT system that may affect the electronic data exchange.
5.6 Electronically or digitally created documents, in particular delivery receipts, are equivalent to written documents. In addition, each party is entitled to archive written documents in electronic or digital form only and to destroy the originals in compliance with statutory provisions.

6. Customer’s packaging and labelling duties

6.1 The customer shall pack the goods and, where necessary, mark them with clearly and durably affixed labels for their order-compliant treatment. Old labels shall be removed or rendered unrecognisable. The same applies to packages.

6.2 In addition, the customer shall
6.2.1 mark packages belonging to one shipment as belonging together,
6.2.2 prepare packages – where necessary – in such a way that access to the contents is not possible without leaving externally visible traces.

7. Load securing and inspection duties of the forwarder

7.1 If loading or unloading takes place at more than one loading or unloading point, the forwarder shall ensure load securing continuously from the conclusion of transport-secure loading of the goods up to the last unloading point.
7.2 The forwarder is obliged to carry out checks at every interface. He shall check the goods for completeness and identity as well as for externally identifiable damage and the integrity of labels, seals and closures, and document any irregularities.

8. Receipt

8.1 The forwarder shall acknowledge receipt of the goods – if necessary with reservation. In case of doubt, the receipt only confirms the number and type of packages, but not their content, value, weight or any other quantity stated.
8.2 In the case of pre-loaded or sealed loading units such as containers or swap bodies and data transmitted in advance by the customer, the accuracy of a receipt regarding the number and type of packages loaded is deemed disproved if the forwarder promptly reports (quantity) differences and damage to the customer after having unloaded the loading unit.
8.3 As proof of delivery, the forwarder shall demand a delivery receipt from the consignee covering the packages named in the order or other accompanying documents. If the consignee refuses to issue the delivery receipt, the forwarder shall obtain instructions. The customer may request release of 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’s receipts, road and sea waybills, loading certificates or bills of lading, serve as receipt or delivery receipt.
8.5 The receipt or delivery receipt may also be created electronically or digitally, unless the customer demands issuance of a road or sea waybill, loading certificate or bill of lading.

9. Instructions

The forwarder is obliged to follow any instruction given to him after conclusion of the contract regarding the goods, unless the execution of the instruction threatens to bring disadvantages for the operation of his business or damage to the customers or consignees of other shipments. If the forwarder intends not to follow an instruction given to him, he shall promptly notify the person who gave the instruction.

11. Failure to comply with loading and unloading times, demurrage

11.1 If the customer 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 in road haulage a point in time or a time slot for the provision of a vehicle is agreed or notified by the forwarder without the customer, loader or consignee objecting, the loading or unloading time for full loads (but not for bulk goods) is, regardless of the number of shipments per loading or unloading point, on vehicles with a 40-tonne permissible total weight a flat maximum of 2 hours each for loading or unloading. For vehicles with a lower total weight, these times shall be reduced in a reasonable amount on a case-by-case basis.
11.3 Loading or unloading time begins with the arrival of the road vehicle at the loading or unloading point (e.g. registration at the gatehouse) and ends when the customer or consignee has fully complied with his obligations. If a specific performance time is 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 provision.
11.4 If the loading or unloading time is exceeded due to a contractual agreement or for reasons not attributable to the forwarder’s sphere of risk, the customer shall pay to the forwarder the agreed demurrage as remuneration, or, in absence of agreement, a reasonable demurrage.
11.5 The above provisions apply accordingly if the forwarder is obliged to load or unload the goods and the customer is solely obliged to make the goods available for loading or to receive them after unloading.

12. Performance obstacles, force majeure

12.1 If the forwarder cannot accept the goods, or cannot accept them in time, he shall promptly inform the customer or loader and obtain corresponding instructions. § 419 HGB applies accordingly. The customer remains entitled to terminate the transport contract without the forwarder being entitled to assert claims under § 415 para. 2 HGB.
12.2 Performance obstacles not attributable to the sphere of risk of a contracting party release the contracting parties from their performance duties for the duration of the disruption and the scope of its effect. Such performance obstacles include force majeure, civil unrest, acts of war or terrorism, strikes and lockouts, blockades of transport routes as well as other unforeseeable, unavoidable and serious events. In the event of a performance obstacle, each contracting party is obliged to inform the other party promptly; the 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 forwarder shall promptly inform the customer and obtain corresponding instructions. § 419 HGB applies.
13.2 If the forwarder cannot comply with the agreed performance time or – in the absence of agreement – a reasonable time for delivery of the goods, he shall obtain instructions from his customer or the consignee.
13.3 If the consignee is not found at his home, in the business premises or in a communal institution in which the consignee lives, the goods may, unless there are obvious doubts as to their entitlement to receipt, be delivered
13.3.1 at the home to an adult family member, a person employed in the family or an adult permanent co-resident,
13.3.2 in business premises to a person employed there,
13.3.3 in communal institutions to the head of the institution or an authorised representative.
13.4 If the forwarder has made an agreement with the customer or consignee that delivery is to take place without physical handover to the consignee (e.g. night-, garage- or conveyor-belt delivery), delivery is effected when the goods are actually provided at the agreed location.
13.5 Delivery may only take place under the supervision of the customer, consignee or another third-party entitled to receive. Clauses 13.3 and 13.4 remain unaffected.

14. Forwarder’s duty to provide information and surrender

14.1 The forwarder is obliged to provide the customer with the necessary information, upon request to provide information on the status of the business, and after its execution to render account; however, he is only obliged to disclose costs if he acts on the customer’s account.
14.2 The forwarder is obliged to surrender to the customer everything he receives in execution of the business and everything he obtains from the management of the business.

15. Storage

15.1 The customer shall, where necessary, pack and label the goods and make available the documents as well as all information necessary for the forwarder to store the goods properly.
15.2 At the forwarder’s discretion, storage takes place in his own premises or, unless excluded by contract, in third-party storage facilities. If the forwarder stores with a third-party warehouse keeper, he shall promptly notify the customer in writing of the keeper’s name and the storage location, or, if a warehouse receipt is issued, note them on it.
15.3 The forwarder shall ensure the proper maintenance and care of warehouse halls and other storage areas, the access roads on the premises and the safeguarding of the goods, in particular against theft. Further security measures, e.g. going beyond statutory fire protection requirements, require express agreement.
15.4 In the absence of deviating agreement
15.4.1 the acceptance of the goods for storage begins with the commencement of the unloading of the vehicle by the forwarder, and the release of the goods ends with the conclusion of loading by the forwarder,
15.4.2 stock control takes place via the forwarder’s warehouse management system,
15.4.3 a physical inventory takes place once a year. Upon instruction of the customer, the forwarder shall carry out further physical inventories against reimbursement of expenses.
15.5 The forwarder undertakes, upon acceptance of the goods and where appropriate means of inspection are available to him, to carry out an incoming inspection regarding type, quantity and nature of the goods, marks, numbers, number of packages as well as externally identifiable damage in accordance with § 438 HGB.
15.6 To safeguard the goods, regular checks shall be carried out by suitable personnel of the forwarder.
15.7 In case of inventory shortages and apprehended changes to the goods, the forwarder shall promptly inform the customer and obtain instructions. § 471 para. 2 HGB remains unaffected.
15.8 More extensive service and information duties require express agreement.

16. Remuneration

With the agreed remuneration, which includes the costs of transport and storage, all services to be rendered under the transport contract are compensated. Subsequent claims for costs incurred in the ordinary course of transport or storage and foreseeable at the time of the offer cannot be asserted separately, unless otherwise agreed. Calculation errors are at the expense of the party calculating. §§ 412, 418, 419, 491, 492, 588 to 595 HGB and comparable provisions of international conventions remain unaffected.

17. Reimbursement and indemnity claims

17.1 The forwarder is entitled to reimbursement of expenses which he could deem necessary under the circumstances and for which he is not responsible, in particular contributions to general average, detention or demurrage costs, repackaging for the protection of the goods.
17.2 Where the customer instructs the forwarder to take receipt of goods and freight, value cash-on-delivery, customs duties, taxes or other charges or expenses are demanded upon delivery to the forwarder, the forwarder is entitled, but not obliged, to advance these – insofar as he could deem them necessary under the circumstances – and to demand reimbursement from the customer, unless otherwise agreed.
17.3 The customer shall, upon demand, indemnify the forwarder from expenses such as freight claims, contributions to general average, customs duties, taxes and other charges levied against the forwarder, in particular as person entitled to dispose of or as possessor of third-party goods, where the forwarder is not responsible for them.

18. Invoices, foreign currencies

18.1 Remuneration claims of the forwarder require the receipt of an invoice or payment statement satisfying statutory requirements. In the absence of deviating agreement, the due date in case of undisputed delivery does not require submission of a delivery receipt.
18.2 The forwarder is entitled to demand payment from foreign customers or consignees, at his option, in their local currency or in Euro.
18.3 If the forwarder owes foreign currency or advances foreign currency, he is entitled to demand payment either in the foreign currency or in Euro. If he demands payment in Euro, the conversion shall be made at the rate officially set on the day of the forwarder’s payment, which the forwarder must prove.
18.4 Payment processing under the credit-note procedure must be expressly agreed. In case of doubt, the customer shall issue credit notes immediately after performance of the service. Clause 18.1 sentence 1 does not apply to the credit-note procedure.

19. Set-off, retention

Against claims from the transport contract and related non-contractual claims, set-off or retention is only permissible if the counter-claim is due, undisputed, ready for decision or finally established.

20. Lien and right of retention

20.1 To secure his claims from transport contract services, the forwarder may rely on the statutory liens and rights of retention to which he is entitled.
20.2 The realisation of the lien takes place in accordance with statutory provisions, with the proviso that
20.2.1 when exercising the carrier’s or shipper’s statutory lien, the notice of intended sale and the required notifications shall be directed to the consignee,
20.2.2 the one-month period specified in § 1234 BGB shall be replaced by one week.
20.3 The customer is entitled to prohibit the exercise of the lien if he grants the forwarder a security equivalent to his claims (e.g. a self-debtor bank guarantee).

21. Insurance of the goods

21.1 The forwarder shall arrange insurance of the goods (e.g. transport or warehouse insurance) with an insurer of his choice, if instructed by the customer prior to the handover of the goods.
21.2 The forwarder shall arrange insurance of the goods where this is in the customer’s interest. The forwarder may presume this in particular if
21.2.1 the forwarder has arranged insurance in an earlier transport contract within an ongoing business relationship,
21.2.2 the customer has stated a “value of the goods for insurance” in the order.
21.3 The presumption of interest in taking out insurance under clause 21.2 does not in particular exist if
21.3.1 the customer prohibits taking out insurance,
21.3.2 the customer is a forwarder, carrier or warehouse keeper.
21.4 When arranging insurance, the forwarder shall follow the customer’s instructions, in particular regarding the sum insured and the perils to be covered. If he receives no instructions, the forwarder shall decide at his dutiful discretion on the type and scope of insurance and conclude it on standard market terms.
21.5 If the forwarder cannot obtain insurance cover due to the type of the goods to be insured or for any other reason, he shall promptly inform the customer.
21.6 If, after conclusion of the contract, the forwarder arranges insurance on the customer’s instruction, undertakes the collection of a compensation amount or other activities in handling insured events and general average, he is entitled, even without agreement, to a local-customary, otherwise reasonable remuneration alongside reimbursement of his expenses.

22. Liability of the forwarder, assignment of compensation claims

22.1 The forwarder is liable for damages in accordance with statutory provisions. However, the following provisions apply unless mandatory or AGB-binding statutory provisions stipulate otherwise.
22.2 In all cases in which the forwarder is liable on a fault basis under clauses 23.3 and 24 for loss of or damage to the goods (cargo damage), he shall render value and cost replacement in accordance with §§ 429, 430, 432 HGB instead of damages.
22.3 In case of inventory discrepancies, the forwarder may, in the case of simultaneous shortages and surpluses of the same customer, perform a value-based balancing of the warehouse stock to determine value replacement in the cases covered by clause 24.
22.4 If the forwarder has claims against a third party arising from a damage event for which he is not liable, or if the forwarder has claims for compensation against a third party exceeding his own liability, he shall, at the customer’s request, assign these claims to the customer, unless the forwarder undertakes by special agreement to pursue the claims for the account and at the risk of the customer. §§ 437, 509 HGB remain unaffected.

23. Limitations of liability

23.1 The liability of the forwarder for cargo damage in his custody under § 431 para. 1, 2 and 4 HGB is limited as follows in amount, with the exception of damages from sea transports and contracted storage:
23.1.1 to 8.33 Special Drawing Rights (SDR) for each kilogram, if the forwarder is – a carrier within the meaning of § 407 HGB, – a forwarder acting on his own account, a fixed-cost or groupage forwarder within the meaning of §§ 458 to 460 HGB, or – a custody forwarder within the meaning of § 461 para. 1 HGB;
23.1.2 to 2 instead of 8.33 SDR for each kilogram, where the customer has concluded with the forwarder a transport contract for transport using different modes of transport including a sea leg and the location of the damage is unknown. Where the location of damage is known, liability shall be determined under § 452a HGB taking account of the exclusions and limitations of liability of the ADSp.
23.1.3 If the forwarder’s liability under clause 23.1.1 exceeds an amount of EUR 1.25 million per damage event, his liability is in addition limited per damage event to a maximum of EUR 1.25 million or 2 SDR per kilogram, whichever is higher.
23.2 The forwarder’s liability for cargo damage in his custody under a transport contract for a sea leg and for cross-border transports is limited to the maximum liability amount established by law for that transport. Clause 25 remains unaffected.
23.3 In cases not covered by clauses 23.1 and 23.2 (such as § 461 para. 2 HGB, §§ 280 et seq. BGB), the forwarder’s liability for cargo damage corresponding to § 431 para. 1, 2 and 4 HGB is limited in amount
23.3.1 in the case of a transport contract for a sea transport or a transport using different modes of transport including a sea leg, to 2 SDR for each kilogram,
23.3.2 in all other transport contracts, to 8.33 SDR for each kilogram.
23.3.3 In addition, the forwarder’s liability is limited per damage event to a maximum of EUR 1.25 million.
23.4 The forwarder’s liability for damage other than cargo damage, with the exception of damages from contracted storage, personal injury and property damage to third-party goods, is limited in amount to three times the amount payable in case of loss of the goods under clause 23.3.1 or 23.3.2 respectively. In addition, the forwarder’s liability is limited per damage event to a maximum of EUR 125,000.
23.4.1 §§ 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 and corresponding liability provisions in international conventions, from which no deviation by pre-formulated contract terms is permitted, remain unaffected.
23.4.2 Clause 23.4 does not apply to statutory provisions such as Art. 25 MC, Art. 5 CIM or Art. 20 CMNI, which extend the forwarder’s liability or allow it to be extended.
23.5 If the forwarder’s liability under clauses 23.1, 23.3 and 23.4 exceeds an amount of EUR 2.5 million per loss event, his liability is, regardless of how many claims are asserted from a loss event, additionally limited to a maximum of EUR 2.5 million per loss event or 2 SDR per kilogram of the lost and damaged goods, whichever is higher; in case of multiple damaged parties, the forwarder is liable pro rata in the ratio of their claims.

24. Limitations of liability for contracted storage, inventories and value declaration

24.1 The forwarder’s liability for cargo damage in case of contracted storage is limited in amount
24.1.1 corresponding to § 431 para. 1, 2 and 4 HGB to 8.33 SDR for each kilogram,
24.1.2 to a maximum of EUR 35,000 per damage event.
24.1.3 If a customer’s damage consists of a difference between target and actual stock of the warehouse inventory, the forwarder’s liability is, deviating from clause 24.1.2, limited in amount to EUR 70,000 per year, regardless of the number and form of the inventories carried out and the number of damage events causing the inventory difference.
24.2 Against payment of an agreed surcharge, the customer may, prior to storage, declare in text form a value to increase liability that exceeds the maximum amounts determined in clause 24.1. In this case, the respective declared value replaces the relevant maximum amount.
24.3 The forwarder’s liability for damage other than cargo damage, with the exception of personal injury and property damage to third-party goods, in the case of contracted storage is limited to EUR 35,000 per damage event.
24.4 The forwarder’s liability – with the exception of personal injury and property damage to third-party goods – is in any case, regardless of how many claims are asserted from a loss event, limited in case of contracted storage to EUR 2.5 million per loss event; in case of multiple damaged parties, the forwarder is liable pro rata in the ratio of their claims. Clause 24.2 remains unaffected.

25. Liability exclusion for sea and inland waterway transports

The sender may, by paying an agreed surcharge to the freight, declare in the waybill a value of the goods that exceeds the maximum amount specified in Article 23 paragraph 3; in this case the declared amount replaces the maximum amount. ARTICLE 25 25.1 Pursuant to § 512 para. 2 no. 1 HGB, it is agreed that the forwarder in his position as shipper is not responsible for fault of his servants and crew if the damage was caused by behaviour in the navigation or other operation of the ship, but not by the performance of measures taken predominantly 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 forwarder in his position as carrier or actual carrier is not liable for damage which
25.2.1 is caused by an act or omission of the boatmaster, pilot or other legal persons in the service of the ship or of a pusher or tug boat in the navigation or in the assembly or dissolution of a pushed or towed convoy, provided the forwarder has fulfilled his duties under Art. 3 para. 3 CMNI regarding the crew, unless the act or omission is committed with intent to cause damage or recklessly and with knowledge that such damage would probably result,
25.2.2 is caused by fire or explosion on board the ship without it being proved that the fire or explosion was caused by fault of the forwarder, the actual carrier or their servants or agents, or by a defect of the ship,
25.2.3 is attributable to defects of his ship or of a hired or chartered ship existing before the start of the voyage, if he proves that the defects could not be discovered before the start of the voyage despite the application of due care. 25.3 Clause 22.4 remains unaffected.

26. Non-contractual claims

The foregoing 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 stated in clauses 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 by intent or gross negligence of the forwarder or his vicarious agents, or
27.1.2 by breach of material contractual obligations, in which case compensation claims are limited to the foreseeable, typical damage.
27.2 Deviating from clause 27.1.2, the liability limitations in clauses 24.1 and 24.2 only fall away in case of grossly negligent or intentional breach of material contractual obligations.
27.3 §§ 435, 507 HGB remain unaffected within their respective scope 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 the forwarder’s liability or allow it to be extended, or which extend the attribution of fault of staff or other third parties.

28. Liability insurance of the forwarder

28.1 The forwarder is obliged to conclude and maintain liability insurance with an insurer of his choice on customary market terms, which covers his transport-contract liability under the ADSp and statute at least to the extent of the standard liability amounts. The agreement of a maximum compensation amount per damage event, loss event and year is permissible; the same applies to the agreement of a reasonable own-risk deductible by the forwarder.
28.2 The forwarder shall, on request, prove to the customer the existence of valid liability insurance cover by submitting an insurance confirmation. If he does not provide this proof within a reasonable period, the customer may extraordinarily terminate the transport contract.
28.3 The forwarder may only rely on the liability provisions of the ADSp vis-à-vis the customer if at the time the order is placed he holds sufficient insurance cover.

29. Customer’s liability

29.1 The customer’s liability under §§ 414, 455, 468 and 488 HGB is limited to EUR 200,000 per loss event. 29.2 The foregoing liability limitation does not apply in case of personal injury, that is injury to life, body or health, or if the damage has been caused by intent or gross negligence of the customer or his vicarious agents, or by breach of material contractual obligations, in which case compensation claims are limited to the foreseeable, typical damage.

30. Applicable law, place of performance, jurisdiction

30.1 The legal relationship between the forwarder and the customer is governed by German law.
30.2 The place of performance for all parties is the location of the forwarder’s branch to which the order or inquiry is addressed.
30.3 The place of jurisdiction for all legal disputes arising out of the transport contract, its initiation, or in connection therewith, is for all parties, insofar as they are merchants, either the location of the customer’s branch or that branch of the forwarder to which the order or inquiry is addressed. The foregoing jurisdiction agreement is deemed an additional jurisdiction agreement in the case of Art. 31 CMR and 46 § 1 CIM, but not in the case of Art. 39 CMR, 33 MC, 28 WC.

31. Confidentiality

The parties are obliged to treat as confidential all non-publicly accessible information that becomes known to them in the performance of the transport contract. The information may only be used for the purpose of performing the service. The parties shall impose this confidentiality obligation on other legal persons whom they use in the performance of their transport-contract duties.

32. Compliance

32.1 The 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 customer. The forwarder indemnifies the customer from liability for the minimum wage if the forwarder or a subcontractor or hirer employed in the framework of the transport contract with the customer fails to pay employees the statutory minimum wage and the customer is held liable.
32.2 In the case of transports, the forwarder shall ensure that he or the carrier performing the transport
32.2.1 within the scope of the GüKG holds a permit under § 3 GüKG or an authorisation under § 6 GüKG or a Community Licence, or does not unlawfully use such permit, authorisation or licence,
32.2.2 within the scope of the GüKG, deploys driving personnel meeting the conditions of § 7b para. 1 sentence 1 GüKG during the transport,
32.2.3 on request presents all documents to be carried statutorily during the transport, insofar as the customer or third parties have to comply with statutory inspection duties.
32.3 The forwarder or the carrier performing the transport is obliged to organise the activities of his driving personnel in such a way that the prescribed working, driving and rest periods can be complied with. There is a general ban on alcohol and drugs while operating the vehicle.
32.4 Both parties undertake to comply with the statutory provisions applicable to their business. They support and respect the principles of the “Global Compact” (“UNGC”), the Universal Declaration of Human Rights of the United Nations and the Declaration of the International Labor Organization on Fundamental Principles and Rights at Work of 1998, in accordance with national laws and customs. In particular, both parties will in their businesses
32.4.1 not employ children or use forced labour,
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 applicable occupational health and safety provisions and provide a safe and health-promoting working environment to preserve the health of employees and avoid accidents, injuries and work-related illnesses,
32.4.4 refrain from any discrimination on the basis of race, religion, disability, age, sexual orientation or gender,
32.4.5 comply with international anti-corruption standards as laid down 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 require their business partners and subcontractors to base their actions on the foregoing principles as well.