including the GENERAL GERMAN FORWARDING CONDITIONS ADSp 2017, as well as the Logistics GTC of the German Freight Forwarding and Logistics Association (Bundesverband Speditions- und Logistikverband e.V.).
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 transport contract 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. Schwer- oder Großraumtransporte, deren Durchführung eine verkehrsrechtliche Transporterlaubnis bzw. Ausnahmegenehmigung erfordert, Kranleistungen und damit zusammenhängende Montagearbeiten.
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. Adressen, Art und Beschaffenheit des Gutes, das Rohgewicht (inklusive Verpackung und vom Auftraggeber gestellte Lademittel) oder die anders angegebene Menge, Kennzeichen, Nummern, Anzahl und Art der Packstücke, besondere Eigenschaften des Gutes (wie lebende Tiere, Pflanzen, Verderblichkeit), der Warenwert (z. B. für zollrechtliche Zwecke oder eine Versicherung des Gutes nach Ziffer 21.), und Lieferfristen,
- 3.1.2. alle öffentlich-rechtlichen, z. B. zollrechtlichen, außenwirtschaftsrechtlichen (insbesondere waren-, personen- oder länderbezogenen Embargos) und sicherheitsrechtlichen Verpflichtungen,
- 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. Dritten gegenüber bestehenden gewerblichen Schutzrechten, z. B. marken- und lizenzrechtliche Beschränkungen, die mit dem Besitz des Gutes verbunden sind, sowie gesetzliche oder behördliche Hindernisse, die der Auftragsabwicklung entgegenstehen,
- 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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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:
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:
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.
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 information in paragraphs 22.2, 22.3, 23.3. and 23.4. in conjunction with 23.5., 24. and 26. shall not apply if the damage has been caused:
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.
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.
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.
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.
Published by:
Deutscher Speditions- und Logistikverband e. V. (DSLV)
Berlin office:
Platz vor dem Neuen Tor 5, 10115 Berlin | www.dslv.org
Last update: 10.09.2024