{"id":1654,"date":"2025-01-15T22:04:23","date_gmt":"2025-01-15T22:04:23","guid":{"rendered":"https:\/\/www.transpotrade.com\/?page_id=1654"},"modified":"2025-01-15T22:04:23","modified_gmt":"2025-01-15T22:04:23","slug":"de-terms","status":"publish","type":"page","link":"https:\/\/www.transpotrade.com\/zh\/de-terms\/","title":{"rendered":"Terms and Conditions DE"},"content":{"rendered":"\n[et_pb_section fb_built=&#8221;1&#8243; theme_builder_area=&#8221;post_content&#8221; _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; background_color=&#8221;#224287&#8243; hover_enabled=&#8221;0&#8243; sticky_enabled=&#8221;0&#8243; min_height_last_edited=&#8221;on|phone&#8221; min_height_phone=&#8221;100px&#8221; custom_padding_last_edited=&#8221;on|phone&#8221; custom_padding_phone=&#8221;0px||0px||false|false&#8221; use_background_color_gradient=&#8221;on&#8221; background_color_gradient_stops=&#8221;#224287 0%|#143170 100%&#8221;][et_pb_row _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; theme_builder_area=&#8221;post_content&#8221; hover_enabled=&#8221;0&#8243; sticky_enabled=&#8221;0&#8243;][et_pb_column _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; type=&#8221;4_4&#8243; theme_builder_area=&#8221;post_content&#8221;][et_pb_text _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; theme_builder_area=&#8221;post_content&#8221; header_font=&#8221;|700|||||||&#8221; header_text_color=&#8221;#FFFFFF&#8221; header_font_size=&#8221;83px&#8221; header_font_size_last_edited=&#8221;on|phone&#8221; hover_enabled=&#8221;0&#8243; sticky_enabled=&#8221;0&#8243; header_font_size_phone=&#8221;27px&#8221; header_font_size_tablet=&#8221;83px&#8221;]<h1>DE &#8211; TERMS &amp; CONDITIONS<\/h1>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section][et_pb_section fb_built=&#8221;1&#8243; theme_builder_area=&#8221;post_content&#8221; _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; custom_padding=&#8221;||29px|||&#8221;][et_pb_row _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; theme_builder_area=&#8221;post_content&#8221;][et_pb_column _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; type=&#8221;4_4&#8243; theme_builder_area=&#8221;post_content&#8221;][et_pb_text _builder_version=&#8221;4.27.4&#8243; _module_preset=&#8221;default&#8221; theme_builder_area=&#8221;post_content&#8221; text_font_size=&#8221;12px&#8221; header_4_font_size=&#8221;13px&#8221; header_3_font_size=&#8221;15px&#8221; hover_enabled=&#8221;0&#8243; sticky_enabled=&#8221;0&#8243;]<p><span style=\"font-weight: 400;\">The German Freight Forwarders\u2019 Standard Terms and Conditions 2017 (Allgemeine Deutsche Spediteurbedingungen 2017 \u2013 ADSp 2017) are recommended for use as of January 1, 2017 by the Federation of German Industries (BDI), the Federation of German Wholesale, Foreign Trade and Services (BGA), the Federal Association of Road Haulage, Logistics and Disposal (BGL), the Federal Association of Furniture Forwarders and Logistics (AM\u00d6), the Federal Association of Transport and Logistics in Industry and Trade (BWVL), the Association of German Chambers of Commerce and Industry (DIHK), the German Association for Freight Forwarding and Logistics (DSLV) and the Confederation of German Retail (HDE). This advice is non\u2010binding and the contract parties are free to make agreements that deviate from the contents of this recommendation.<\/span><\/p>\n<h3><b>1. Definitions\u00b9<\/b><\/h3>\n<h4><b>(1.4) Consignee<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Legal person to whom the goods shall be delivered according to the Freight Forwarding Contract or valid instruction of the Principal or other persons authorized to dispose of.<\/span><\/p>\n<h4><b>(1.11) Damage Case \/ Damage Event<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">\u201cDamage Case\u201d means, when, due to an external process, a claimant raises a claim on the basis of a Freight Forwarding Contract or in lieu of a freight forwarding claim; \u201cDamage Event\u201d means, when, due to an external process, several claimants raise claims on the basis of several Freight Forwarding Contracts.<\/span><\/p>\n<h4><b>(1.5) Dangerous Goods<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Dangerous Goods are goods that have the potential to endanger people, vehicles or legal interests of third parties during the course of standing and transportation, warehousing or other activities. In particular, hazardous goods are defined as goods that fall into scope of application of statutes and regulations relating to hazardous goods, such as provisions covering dangerous materials, water or garbage.<\/span><\/p>\n<h4><b>(1.1) Delivery<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">The term \u201cDelivery\u201d includes also the delivery in the warehouse business.<\/span><\/p>\n<h4><b>(1.13) Freight Forwarder<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Legal person which concludes a Freight Forwarding Contract with the Principal. Freight Forwarders are particularly carrier according to section 407, Freight Forwarder according to section 453, warehouse keeper according to section 467 and freight carrier according to sections 481, 527 HGB.<\/span><\/p>\n<h4><b>(1.14) Freight Forwarding Contracts (\u201cVerkehrsvertr\u00e4ge\u201d)<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Freight Forwarding Contracts undertaken by the Freight Forwarder as contractor for all activities, regardless of whether they are freight forwarding, carriage of goods (by sea), warehousing or other typical services pertaining to the freight forwarding business, such as customs handling, tracking of goods or cargo handling. These contracts also apply to all typical logistical services included in freight forwarding, if these are in relation to the transport or warehousing of goods, in particular to activities such as the creation of loading units, consignments, labelling, weighing of goods and returns processing.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Contracts about the presentation of manned motor vehicles for use on instruction by the Principal shall also be deemed as Freight Forwarding Contracts (\u201cLohnfuhrvertr\u00e4ge\u201d).<\/span><\/p>\n<h4><b>(1.12) Interfaces<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">After acceptance and before Delivery of the goods by the Freight Forwarder, Interfaces are defined as any transition of the goods from one legal person to another, any transshipment from one vehicle to another, any (temporary) storage.<\/span><\/p>\n<h4><b>1.7 Loading Means<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Means for the aggregation of packages and for the creation of loading units, such as pallets, containers, swap trailers, bins.<\/span><\/p>\n<h4><b>(1.16) Material Contractual Obligations<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Material Contractual Obligations are defined as those that initially enable the contractually agreed fulfillment of the Freight Forwarding Contract and on which the contracting partner is entitled to reasonably rely on.<\/span><\/p>\n<h4><b>(1.10) Packages<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Single items or units formed by the Principal for the fulfillment of the order with or without Loading Means, which the Freight Forwarder must handle as one ensemble (freight item as defined by sections 409, 431, 504 German Commercial Code (HGB)).<\/span><\/p>\n<h4><b>(1.8) Place of Loading \/ Discharge<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">The postal address, if the parties have not agreed on a more precise location.<\/span><\/p>\n<h4><b>(1.19) Point of Time<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Agreed Point of Time for the arrival of the Freight Forwarder at the Place of Loading or Place of Discharge.<\/span><\/p>\n<h4><b>(1.2) Principal<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Legal person which concludes a Freight Forwarding Contract with the Freight Forwarder.<\/span><\/p>\n<h4><b>(1.15) Shipper<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Legal Person which hands over the goods for transportation according to the Freight Forwarding Contract or on a valid instruction.<\/span><\/p>\n<h4><b>(1.3) Theft\u2010Sensitive Goods<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Theft\u2010Sensitive Goods are those exposed to an increased risk of robbery and theft, such as money, precious metals, jewelry, watches, precious minerals, art, antiques, check books, credit cards and\/or other payment means, stocks and security papers, documents, spirits, tobacco, entertainment electronic goods, telecommunications goods, IT equipment and accessories as well as smart cards.<\/span><\/p>\n<h4><b>(1.16) Time Frame<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Agreed Time Frame for the arrival of the Freight Forwarder at the Place of Loading or Place of Discharge.<\/span><\/p>\n<h4><b>(1.9) Time of Performance<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">The time (date, time of day) up to which a particular performance must be taken place, for example a Time Frame or Point of Time.<\/span><\/p>\n<h4><b>(1.17) Valuable Goods<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Goods, at the time and place of taking over, with an actual value of at least 100 Euro\/kg.<\/span><\/p>\n<h4><b>(1.5) Vehicle<\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Means of transport for the transportation of goods on traffic routes.<\/span><\/p>\n<h3><b>2. Scope of application<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">2.1 The ADSp cover all Freight Forwarding Contracts undertaken by the Freight Forwarder as contractor.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.2 Statutory provisions which cannot be modified by pre\u2010formulated standard terms and conditions take precedence over the ADSp.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.3 The ADSp do not apply to businesses that are exclusively dedicated to:<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">2.3.1 packaging,<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">2.3.2 transportation and warehousing of towed or salvaged goods,<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">2.3.3 transportation and warehousing of removal goods according to section 451 HGB,<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">2.3.4 storage and digitisation of files; files are all types of embodied and disembodied business papers, documents, data storage mediums and similar objects for information collection,<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">2.3.5 abnormal and heavy\u2010load transports, which require a transportation regulation permission or exception, crane services and associated assembly work.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.4 The ADSp do not apply to Freight Forwarding Contracts with consumers as defined in Section 13 German Civil Code (BGB).<\/span><\/p>\n<h3><b>3. Obligation of the Principal regarding placing of orders, information requirements, special goods<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">3.1 The Principal shall timely inform the Freight Forwarder about all essential parameters known to him affecting the carrying out of the order. These include:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.1.1 addresses, type and quality of the goods, the gross weight (including packaging and Loading Means of the Principal) or otherwise specified quantities, marks, numbering, quantities and type of Packages, specific characteristics of the goods (such as live animals and plants, perishability), the value of the goods (for example for customs purposes or the insurance of goods according to clause 21 ADSp) and Delivery times,<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.1.2 all public\u2010legal duties and safety regulations, such as duties relating to customs, foreign trade regulations (particularly those relating to goods and people as well as specific country embargoes) and legal safety obligations,<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.1.3 in case of carriage of goods by sea, all relevant data in the compulsory form relating to safety statutes (e.g. International Convention for the Safety of Life at Sea [SOLAS]),<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.1.4 intellectual property rights of third parties, such as trademark and license limitations which are connected to the possession of the goods, including legal or regulatory hindrances capable of prejudicing the processing of the order,<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.1.5 specific technical requirements for the means of transport and particular cargo securing means to be supplied by the Freight Forwarder.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.2 In case of Dangerous Goods, the Principal must inform the Freight Forwarder in due time and in text form about the quantity and specific nature of the hazard including \u2013 if required \u2013 the necessary safety measures. If Dangerous Goods fall into scope of the law on the transport of dangerous goods (Gesetz \u00fcber die Bef\u00f6rderung gef\u00e4hrlicher G\u00fcter [GGBefG]) or if other transported and stored goods fall into scope of other Dangerous Goods or garbage related statutes or regulations, the Principal must provide the relevant information, in particular the classification according to the relevant Dangerous Goods laws and, at the latest, during the handover of the goods, supply the required documentation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.3 In case of Valuable or Theft\u2010Sensitive Goods, the Principal must inform the Freight Forwarder in text form regarding the type and value of the goods and the current risks involved to enable the Freight Forwarder to assess the acceptance of the order or take appropriate measures for the safe and damage free completion of said order. In case of acceptance of the order, the Freight Forwarder is obliged to undertake appropriate safety measures for protecting the goods.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.4 The Principal is responsible for supplying the Freight Forwarder with all information, certificates and other documentation required, such as customs classification, for the correct processing of customs or other statutorily required handling of the goods, including but not limited to security checks for air freight shipments.<\/span><\/p>\n<h3><b>4. Rights and duties of the Freight Forwarder<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">4.1 The Freight Forwarder shall act in the interest of the Principal, check the placed order for obvious faults and immediately inform the Principal, if required, about all dangers known by the Freight Forwarder for the fulfillment of the order. If required, the Freight Forwarder shall ask for instructions.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.2 The Freight Forwarder takes care that the vehicles, loading safety means and, if their presentation is agreed, Loading Means are in a technically perfect condition, comply with statutory provisions and the requirements of the Freight Forwarding Contract. Vehicles and Loading Means shall be equipped with the typical appliances, equipment or methods for the protection of the goods, in particular loading and safety means. Vehicles shall have low emissions and noise as well as low energy consumption.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.3 The Freight Forwarder shall deploy reliable, appropriate and, for the particular task in question, suitable and duly employed, qualified and trained drivers and, if required, with a driver certification.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.4 On foreign premises, the Freight Forwarder shall comply with house rules, plant or construction site regulations in force, if they were announced to the Freight Forwarder. Section 419 HGB remains unaffected.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.5 The Freight Forwarder is entitled to make customs clearance dependent on issuance of a written power of attorney that enables direct representation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.6 If the Freight Forwarder is assigned with the crossborder transportation of the goods or the import or export customs clearance, the Freight Forwarder is, in case of doubt, also entitled to act in regards to the customs or other statutorily required handling of the goods, if the transport of the goods to the agreed destination would be impossible without such action. The Freight Forwarder is hereby entitled:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.6.1 to open packaging whenever such action is necessary to comply with statutorily required controls (for example, Freight Forwarder as regulated agent), and subsequently, to undertake all measures necessary to complete the order, such as repackaging the goods.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.6.2 to advance payments required by customs.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.7 In case of lost or damaged goods or for delay in delivery and upon request by the Principal or Consignee, the Freight Forwarder must procure immediately all required and known information for securing their compensation claims.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.8 In the absence of a separate agreement in the order supplied to the Freight Forwarder, the service does not include:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">4.8.1 the supply or replacement of pallets or other Loading Means,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">4.8.2 the loading and unloading of goods, unless otherwise indicated by circumstances or common practice,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">4.8.3 a transshipment ban (section 486 HGB does not apply),<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">4.8.4 the allocation of a shipment tracking system, unless it is in line for this sector of industry, whereas clause 14 remains unaffected,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">4.8.5 returns, detours and hidden additional cargo. If in deviation to the actual order, one or more Packages are handed over and accepted for transportation by the Freight Forwarder, then the Freight Forwarder and the Principal conclude a new Freight Forwarding Contract on these goods. In case of returns or hidden additional cargo and in absence of a separate agreement, the terms and conditions of the original Freight Forwarding Contract will apply. Clause 5.2 remains unaffected.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">4.9 Further service and information obligations, for example quality management measures and their auditing, monitoring and evaluation systems as well as key performance indicators need to be expressly agreed.<\/span><\/p>\n<h3><b>5. Contact person, electronic communication and documents<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">5.1 Upon request of a contracting party, each side will nominate one or more contact persons to receive information, explanations and enquiries regarding the fulfillment of the contract and exchange names and addresses. This information needs to be updated in case of changes. If either contracting party fails to provide details for a contact person, then the relevant signatory to the contract shall be the designated contact person. Information obligations which exceed the obligation in statutory provisions, for example measures of the Freight Forwarder in case of disruptions, in particular an imminent delay during takeover or Delivery, obstacles to carriage and Delivery, damages to the goods or other disruptions (emergency concept) need to be agreed separately.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.2 In the absence of an expressly agreement, contractual statements by warehousing or transport personnel require approval from the respective party to be considered valid.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3 The Principal takes care of the required declarations to be supplied by the Principal\u2019s Shipper or Consignee during the fulfillment of the Freight Forwarding Contract at the Place of Loading and Place of Delivery, and of real actions, such as Delivery and receipt of the goods.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.4 If agreed between the Principal and the Freight Forwarder, the parties will transmit and receive the shipping details, including the creation of the invoice, by electronic means (electronic data interchange \/ remote transmission). The transmitting party carries the responsibility for the loss, completeness and validity of any sent data.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.5 In case of an agreement according to clause 5.4 ADSp, the parties ensure that their IT system is ready for operation and that data can be processed appropriately, including the usual safety and control measures, to protect the electronic data exchange and prevent unauthorized access, modification, loss or destruction by third parties. All parties are obliged to give timely notification of any changes to their IT systems that could affect the electronic data interchange.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.6 Electronic or digital documents, in particular proof of deliveries, shall be considered equal to written documents. Furthermore, each party is entitled to archive written documentation in exclusively electronic or digital format and to eliminate originals, the latter always in consideration of the legal regulations regarding the same.<\/span><\/p>\n<h3><b>6. Packaging and labelling duties of the Principal<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">6.1 The Principal shall pack the goods, and if required, clearly and permanently label all goods with their required identifications, such as addresses, marks, numbers and symbols relating to the handling and characteristics of the goods. Old identification marks must be removed or garbled. The same applies for Packages.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.2 Furthermore, the Principal is responsible for:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.2.1 identifying all Packages belonging to the same shipment, to ensure easy recognition,<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.2.2 ensuring that Packages, if required, cannot be accessed without leaving external traces.<\/span><\/p>\n<h3><b>7. Securing cargo and supervisory duties of the Freight Forwarder<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">7.1 In all cases where loading and discharge occurs at more than one location, the Freight Forwarder takes care for the security of cargo until the last Place of Discharge and at all times, but not before the completion of loading in a transport safety manner.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.2 The Freight Forwarder shall conduct controls at all Interfaces. The Freight Forwarder shall check completeness and identity of the goods, their apparent good order and condition as well as all seals, locks, and record any irregularities.<\/span><\/p>\n<h3><b>8. Receipt<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">8.1 The Freight Forwarder shall issue a certificate of receipt with reservations noted, if necessary. In case of doubt, the certificate of receipt issued by the Freight Forwarder only confirms the number and type of Packages, but not their content, value, weight, or other measurements.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.2 Previously loaded or sealed loading units, such as containers or swap bodies and previously transmitted data, render the accuracy of the certificate of receipt regarding quantity and type of loaded Packages \u201cvitiated,\u201d if the Freight Forwarder notifies the Principal of differences (in quantity) or damages, immediately after unloading the loading unit.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.3 The Freight Forwarder must request proof of Delivery from the Consignee in the form of a Delivery receipt listing all Packages as outlined in the order or other accompanying documentation. Should the Consignee refuse to issue a Delivery receipt, the Freight Forwarder must request instructions from the Principal. The Principal can demand the Delivery receipt for a period of one year after the goods have been delivered.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.4 As receipt for takeover or Delivery of the goods, any signed document which gives evidence for fulfillment of the order shall count, such as Delivery notes, forwarder\u2019s certificate of receipt, consignment note, sea way bill, consignment bill or a bill of lading.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.5 The certificate of receipt and Delivery receipt can also be issued electronically or digitally, unless the Principal requests the issuing of a consignment note, sea way bill, consignment bill, or bill of lading.<\/span><\/p>\n<h3><b>9. Instructions<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">Upon conclusion of the contract, the Freight Forwarder must follow all instructions regarding the cargo, unless carrying out such instructions poses disadvantages to its business or causes damages to consignments of other Principals or Consignees. If the Freight Forwarder has any doubts about an instruction, it shall inform the instructor immediately.<\/span><\/p>\n<h3><b>10. Freight payment, cash on Delivery<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">10.1 Notifications by the Principal to the effect that the order should be executed freight collect or for the account of the Consignee or a third party, for example according to Incoterms, do not exempt the Principal from the obligation to pay the Freight Forwarder its remuneration and outlays, including freight, customs charges and other expenses. Freight\u2010collect instructions, for example according to section 422 HGB, Article 21 CMR, remain unaffected.<\/span><\/p>\n<ol start=\"11\">\n<li><b> Default of loading and Delivery times, demurrage<\/b><\/li>\n<\/ol>\n<p><span style=\"font-weight: 400;\">11.1 In cases where the Principal must load or unload the Vehicle, the Principal has the obligation to do so within the agreed, or otherwise a reasonable, loading and unloading time.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">11.2 If, in the case of carriage of goods by road, the parties agree on a Time Frame or Point of Time, or the Freight Forwarder so notifies it without objection by the Principal, Shipper or Consignee, the loading and unloading time\u2014irrespective of the number of shipments per Place of Loading and Discharge\u2014for full truck loads, but with the exception for bulk goods, for Vehicles with 40 tons maximum permissible weight, shall be a maximum of 2 hours per loading and per unloading in general. The times shall be reduced appropriately for Vehicles with a lower maximum permissible weight in each individual case.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">11.3 The loading or unloading time begins with the arrival of the road vehicle at the designated Place of Loading and Discharge (for example, by notifying the gate keeper), and ends when the Principal has completed all its duties. However, if a Time of Performance has been agreed for the arrival of road Vehicles at the Place of Loading and Discharge, the loading and unloading time does not begin before the agreed presentation time.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">11.4 In cases where the contractually agreed loading and unloading time are not met due to reasons beyond the Freight Forwarder\u2019s scope of responsibility, the Principal must pay the Freight Forwarder the agreed, otherwise commonly accepted, demurrage fees.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">11.5 The aforementioned provisions apply accordingly, when the Freight Forwarder is obliged to load and unload the goods, and when the Principal is exclusively committed to prepare the goods for loading or to accept them after unloading.<\/span><\/p>\n<h3><b>12. Performance hindrances and force majeure<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">12.1 If the Freight Forwarder is unable to take over the goods, or unable to take them over on time, the Freight Forwarder must immediately notify and seek instructions from the Principal. Section 419 HGB applies accordingly. The Principal remains entitled to terminate the Freight Forwarding Contract, whereas the Freight Forwarder is not entitled to claim compensation according to section 415 (2) HGB.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">12.2 Performance hindrances that do not fall within the scope of responsibility of either contracting party free both parties from their performance duties for the duration of the hindrance and the extent of its impact. Such performance hindrances are defined as force majeure, civil unrest, war or acts of terrorism, strikes and lock\u2010outs, transport route blockades, and any other unforeseeable, unavoidable, and serious events. In case of a performance hindrance, the contracting parties are obliged to notify the other party immediately. Additionally, the Freight Forwarder is obliged to ask the Principal for instructions.<\/span><\/p>\n<h3><b>13. Delivery<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">13.1 If, after arrival at the Place of Discharge, it becomes apparent that the unloading cannot take place within the scheduled unloading time, the Freight Forwarder must immediately notify the Principal and request relevant instructions. Section 419 HGB applies accordingly.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">13.2 If the Freight Forwarder cannot adhere to the agreed Time of Performance or\u2014absent such an agreement\u2014to a reasonable time for Delivery, the Freight Forwarder shall request instructions from the Principal or the Consignee.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">13.3 Should the Consignee not be located at his residence, business premises, or in an institution in which he is a resident, the goods\u2014always assuming there are no obvious doubts regarding the entitlement to receive these goods\u2014may be delivered:<\/span><\/p>\n<ol>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">at the residence: to an adult family member, a person employed by the family, or an adult resident permanently sharing the accommodations,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">at business premises: to a person employed there,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">in institutions: to the head of the institution or a correspondingly authorized attorney\u2010in\u2010fact.<\/span><\/li>\n<\/ol>\n<p><span style=\"font-weight: 400;\">13.4 In cases where the Freight Forwarder and Principal have agreed on Delivery without presentation to an actual person (for example, night, garage, or assembly\u2010line deliveries), Delivery is deemed to have taken place upon the actual physical deposit of the goods at the agreed location.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">13.5 Delivery can take place only under the supervision of the Principal, Consignee, or a third party authorized to receive. Clauses 13.3 and 13.4 ADSp remain unaffected.<\/span><\/p>\n<h3><b>14. Information and restitution duties of the Freight Forwarder<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">14.1 The Freight Forwarder is obliged to provide the Principal with the required reports and, on demand, to inform on the status of the transaction and, after carrying out the business, to render account for it. However, the Freight Forwarder is only obliged to reveal costs if the Freight Forwarder works on the Principal\u2019s account.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">14.2 The Freight Forwarder has the duty to give the Principal anything it has received by carrying out and managing the business.<\/span><\/p>\n<h3><b>15. Warehousing<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">15.1 The Principal has the duty to pack and mark the goods, if required, and to make available all documents and information to the Freight Forwarder for appropriate storage.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">15.2 The Freight Forwarder decides in its sole discretion if warehousing takes place in its own facilities or, if not otherwise agreed, in third\u2010party facilities. Whenever warehousing takes place at a third\u2010party warehouse, the Freight Forwarder must supply timely information regarding its name and location to the Principal or, whenever a warehouse warrant has been issued, make a note of this information on the same.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">15.3 The Freight Forwarder takes care of the proper maintenance and care of the warehouse and storage space, the drives on the premises, and the securing of the goods, particularly theft protection. Additional security measures\u2014such as those exceeding statutory fire\u2010protection laws\u2014must be expressly agreed.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">15.4 Unless otherwise agreed:<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">15.4.1 Takeover of the goods for warehousing begins with the unloading of the goods from the Vehicle by the Freight Forwarder and ends with the completion of loading of the goods by the Freight Forwarder.<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">15.4.2 Inventory management is performed via the Freight Forwarder\u2019s inventory accounting.<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">15.4.3 One physical inventory inspection is conducted per year. On instruction of the Principal, the Freight Forwarder shall conduct further physical inventories against compensation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">15.5 Upon taking over the goods, and if appropriate examination means are available, the Freight Forwarder is obliged to conduct a receiving inspection on types, quantities, marks, numbering, quantities of Packages, and outer visible damages according to section 438 HGB.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">15.6 The Freight Forwarder shall conduct regular inspections with appropriate personnel to secure the goods.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">15.7 In case of stock shortfall or imminent changes to the goods, the Freight Forwarder shall immediately inform the Principal and ask for instructions. Section 471 (2) HGB remains unaffected.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">15.8 Additional service and information obligations require an explicit agreement.<\/span><\/p>\n<h3><b>16. Remuneration<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">16.1 The services according to the Freight Forwarding Contract are compensated with the agreed remuneration, if it includes the costs for transportation and warehousing. Supplemental claims for costs that occurred during regular transportation or warehousing and which were foreseeable at the time of the offer cannot be claimed separately, unless otherwise agreed. Calculation errors are at the expense of the party who made them. Sections 412, 418, 419, 491, 492, 588 through 695 HGB, and comparable provisions of international conventions remain unaffected.<\/span><\/p>\n<h3><b>17. Compensation claims and right of recourse<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">17.1 The Freight Forwarder is, if not at fault, entitled to ask for a refund of properly incurred expenses, particularly those relating to average contributions, detention or demurrage charges, including additional packaging for protecting the goods.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">17.2 If the Principal instructs the Freight Forwarder to receive goods and if, on reception of the goods by the Freight Forwarder, freight, cash on delivery, customs duties, taxes, or other expenses and charges are demanded, the Freight Forwarder is entitled\u2014but not obliged\u2014to pay these costs according to the circumstances that it has properly assessed, and to claim reimbursement from the Principal, unless otherwise agreed.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">17.3 On request, the Principal must immediately indemnify the Freight Forwarder for expenditures such as freight, average contributions, customs duties, taxes, and other fees demanded from the Freight Forwarder, in particular when acting as a person authorized to dispose of or as possessor of goods belonging to third parties, unless the Freight Forwarder is responsible for their accrual.<\/span><\/p>\n<ol start=\"18\">\n<li><b> Invoices, foreign currencies<\/b><\/li>\n<\/ol>\n<p><span style=\"font-weight: 400;\">18.1 Remuneration claims of the Freight Forwarder require receipt of an invoice or payment schedule in accordance with statutory requirements. If not otherwise agreed, maturity is not dependent on presenting a Delivery receipt in the event of an uncontested Delivery.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">18.2 Regarding foreign Principals or Consignees, the Freight Forwarder is entitled to ask whether payment should be received in the relevant foreign currency or in Euro (EUR).<\/span><\/p>\n<p><span style=\"font-weight: 400;\">18.3 If the Freight Forwarder owes foreign currency or has advanced foreign currency amounts, the Freight Forwarder is entitled to request payment in either the relevant foreign currency or in Euro (EUR). In the case of Euro (EUR) payment, currency conversion is made according to the official exchange rate on the day of payment, which shall be evidenced by the Freight Forwarder.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">18.4 Payment according to a credit\u2010memo procedure must be expressly agreed. In case of doubt, all credit memos are issued immediately upon completion of services. Clause 18.1, first sentence ADSp is not applicable to credit\u2010memo procedures.<\/span><\/p>\n<h3><b>19. Set\u2010off, Retention<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">In the face of claims arising from the Freight Forwarding Contract and associated non\u2010contractual claims, set\u2010off or retention is permitted only when the claim is due, uncontested, ready for decision, or legally established.<\/span><\/p>\n<h3><b>20. Lien and retention rights<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">20.1 The Freight Forwarder is entitled to secure its demands arising from freight forwarding services in accordance with the legally permitted regulations regarding lien and retention rights.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">20.2 Lien rights can be exercised according to the legally established provisions, provided that:<\/span><\/p>\n<ol>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">the threat and the required notifications about the exercise of the legitimate lien and the sale of the pledged items by the carrier shall be forwarded to the Consignee,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><span style=\"font-weight: 400;\">the time limit of one month as specified in section 1234 BGB is replaced by a time limit of one week.<\/span><\/li>\n<\/ol>\n<p><span style=\"font-weight: 400;\">20.3 The Principal is entitled to prohibit the exercise of the lien by granting an equivalent security for its claims, such as a directly enforceable bank guarantee.<\/span><\/p>\n<h3><b>21. Insurance of goods<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">21.1 The Freight Forwarder arranges insurance of the goods (e.g. goods in transit or warehousing insurance) with an insurer of its choice, when the Principal instructs the Freight Forwarder to do so prior to handing over the goods.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">21.2 The Freight Forwarder shall arrange insurance for the goods if this is in the Principal\u2019s interest. The Freight Forwarder can assume that insurance is in the Principal\u2019s interest, in particular when:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">21.2.1 the Freight Forwarder has arranged insurance for a previous Freight Forwarding Contract for the same Principal in the course of an ongoing business relationship,<\/span><\/p>\n<p><span style=\"font-weight: 400;\">21.2.2 the Principal has declared a value of the goods for the purpose of insurance.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">21.3 The assumption that insurance is in the Principal\u2019s interest under clause 21.2 ADSp is not valid in particular if:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">21.3.1 the Principal has prohibited the purchase,<\/span><\/p>\n<p><span style=\"font-weight: 400;\">21.3.2 the Principal is a Freight Forwarder, carrier, or warehouse keeper.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">21.4 In case of purchasing insurance cover, the Freight Forwarder shall observe the Principal\u2019s instructions, in particular regarding the amount insured and risks to be covered. In the absence of such an instruction, the Freight Forwarder must assess the type and scope of insurance at its own discretion and purchase insurance under usual market conditions.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">21.5 If, due to the nature of the goods to be insured or for another reason, the Freight Forwarder is unable to purchase insurance coverage, it will notify the Principal immediately.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">21.6 If the Freight Forwarder purchases insurance after conclusion of the Freight Forwarding Contract and upon instruction of the Principal or recovers a claim or acts otherwise on behalf of the Principal regarding insurance or averages, the Freight Forwarder is entitled to a reasonable remuneration according to local standards; otherwise, an appropriate remuneration, in addition to compensation of its expenses, applies, even in the absence of a prior agreement.<\/span><\/p>\n<h3><b>22. Liability of the Freight Forwarder, Subrogation of claims of reimbursement<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">22.1 The Freight Forwarder is liable for damages according to statutory provisions. However, the following provisions shall apply insofar as they do not contradict mandatory regulations, in particular the law on pre\u2010formulated terms and conditions.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">22.2 In all cases where the Freight Forwarder is fault\u2010based liable for losses or damages to the goods (\u201cG\u00fcterschaden\u201d) according to clause 23.3 and 24, it must only pay the value and reimburse the costs according to sections 429, 430, 432 HGB instead of paying a separate damage compensation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">22.3 In the case of inventory divergences, the Freight Forwarder is entitled to balance the inventory with positive stock balance differences and stock shortfall of the same cargo group or goods in an acceptable period, if it is not certain that the differences arise for different reasons. The Freight Forwarder must specify the cause, if ascertainable. Once the Freight Forwarder has balanced the inventory, the Principal is entitled to object, if it can prove that the relevant differences are attributable to other reasons.<\/span><\/p>\n<h3><b>22.5<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">If the Freight Forwarder has claims for which the Freight Forwarder is not liable against a third party in case of damages, or in cases when the Freight Forwarder has claims exceeding the sum for which the Freight Forwarder is liable, the Freight Forwarder must subrogate such claims to the Principal upon request, unless the Freight Forwarder has a separate agreement to pursue claims on behalf and at the expense of the Principal. Sections 437, 509 HGB remain unaffected.<\/span><\/p>\n<h3><b>23. Liability limitations<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">23.1 Except in case of damages during carriage of goods by sea or ordered warehousing, the Freight Forwarder\u2019s liability for damages to goods is limited according to section 431 (1), (2), and (4) HGB, to:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>23.1.1<\/b><span style=\"font-weight: 400;\"> 8.33 Special Drawing Rights (SDR) for every kg, whenever the Freight Forwarder is:<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">\u2013 a carrier, as defined by section 407 HGB,<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">\u2013 acting as principal (\u201cSpediteur im Selbsteintritt\u201d), fixed costs freight forwarder (\u201cFixkostenspediteur\u201d) or consolidator (\u201cSammelladungsspediteur\u201d) according to sections 458 to 460 HGB, or<\/span><span style=\"font-weight: 400;\"><br \/><\/span><span style=\"font-weight: 400;\">\u2013 a care, custody, and control Freight Forwarder (\u201cObhutsspediteur\u201d) according to section 461 (1) HGB.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>23.1.2<\/b><span style=\"font-weight: 400;\"> Instead of 8.33 SDR for every kg, whenever the Principal has agreed to a Freight Forwarding Contract subject to a variety of transport means including carriage of goods by sea and an unknown damage place. In case of an unknown damage place, the liability according to section 452a HGB is subject to the liability exclusion and limitation of the ADSp.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>23.1.3<\/b><span style=\"font-weight: 400;\"> Whenever the Freight Forwarder\u2019s liability according to clause 23.1.1 ADSp exceeds an amount of EUR 1.25 million per Damage Case, this liability is further limited to EUR 1.25 million per Damage Case, or to 2 SDR for every kg, whichever amount is higher.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">23.2 The liability of the Freight Forwarder for damages to the goods in its custody for Freight Forwarding Contracts which are subject to carriage of goods by sea and cross\u2010border transportation is limited to the maximum statutory liability amount. Clause 25 ADSp remains unaffected.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">23.3 For all cases out of scope of clauses 23.1 and 23.2, such as section 461 (2) HGB or 280 ff BGB, the liability of the Freight Forwarder for damages to goods is limited according to section 431 (1), (2), and (4) HGB to a maximum of:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>23.3.1<\/b><span style=\"font-weight: 400;\"> 2 SDR per kg for Freight Forwarding Contracts relating to carriage of goods by sea, or a transportation by a variety of transport means but including carriage of goods by sea,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>23.3.2<\/b><span style=\"font-weight: 400;\"> 8.33 SDR per kg for all other Freight Forwarding Contracts,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>23.3.3<\/b><span style=\"font-weight: 400;\"> Furthermore, the Freight Forwarder\u2019s liability is limited to the maximum amount of EUR 1.25 million for each case of damage.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">23.4 The liability of the Freight Forwarder for all other damages than damages to the goods, with the exception of damages during ordered warehousing or damages to personal injury or goods of third parties, is limited to three times the amount that would be payable for the loss of goods according to clauses 23.1 or 23.2 ADSp. Furthermore, the Freight Forwarder\u2019s liability is limited to EUR 125,000 for each case of damage.<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>23.4.1<\/b><span style=\"font-weight: 400;\"> Sections 413 (2), 418 (6), 422 (3), 431 (3), 433, 445 (3), 446 (2), 487 (2), 491 (5), 520 (2), 521 (4), 523 HGB as well as any relevant mandatory liability provisions in international conventions shall remain unaffected.<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>23.4.2<\/b><span style=\"font-weight: 400;\"> Clause 23.4 ADSp does not apply to statutory provisions, such as Article 25 Montreal Convention (MC), Article 5 R\u00e8gles uniformes concernant le Contrat de transport international ferroviaire des marchandises (CIM) or Article 20 Convention de Budapest relative au contrat de transport de marchandises en navigation int\u00e9rieure (CMNI), which extend or modify the Freight Forwarder\u2019s liability.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">23.5 If the Freight Forwarder\u2019s liability according to Articles 23.1, 23.3, and 23.4 ADSp exceeds EUR 2.5 million per Damage Event, then the Freight Forwarder\u2019s liability\u2014irrespective of how many claims arise from a single Damage Event\u2014is further limited to a maximum amount of EUR 2.5 million per Damage Event or 2 SDR per kg for lost or damaged goods, whichever amount is higher. If there is more than one claimant, the Freight Forwarder\u2019s liability shall be proportionate to individual claims.<\/span><\/p>\n<h3><b>24. Liability limitations for ordered warehousing, inventories, and declaration of value<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">24.1 In the case of ordered warehousing, the liability of the Freight Forwarder for damages to goods is limited to:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>24.1.1<\/b><span style=\"font-weight: 400;\"> 8.33 SDR for every kg corresponding to sections 431 (1), (2), and (4) HGB,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>24.1.2<\/b><span style=\"font-weight: 400;\"> a maximum of EUR 35,000 per Damage Case,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>24.1.3<\/b><span style=\"font-weight: 400;\"> EUR 70,000 per year, in cases where the damage claimed by the Principal is based, contrary to clause 24.1.2 ADSp, on a difference between calculated stock and actual stock of the inventory, irrespective of the amount and type of inventory taking and the amount of Damage Cases causing the difference in inventory.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">24.2 Upon payment of an agreed supplement and prior to warehousing of goods, the Principal can specify a value in text form for an increased liability that differs from the maximum amounts stipulated in clause 24.1. In this case, the specified value replaces the relevant maximum amount.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">24.3 In case of warehousing upon instruction, the Freight Forwarder\u2019s liability for other damages, excluding damages to personal injury or goods of third parties, is limited to EUR 35,000 per case of damage.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">24.4 In case of warehousing upon instruction but excluding personal injury or damages to goods of third parties, the Freight Forwarder\u2019s liability is always limited to EUR 2.5 million per Damage Event, irrespective of how many claims arise from a single Damage Event. Where there is more than one claimant, the Freight Forwarder\u2019s liability shall be proportionate to individual claims. Clause 24.2 ADSp remains unaffected.<\/span><\/p>\n<h3><b>25. Exclusion of liability for carriage of goods by sea and inland waterway transportation<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">25.1 In accordance with section 512 (2) No. 1 HGB, it is agreed that:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The Freight Forwarder in its position as carrier is not responsible for any fault or neglect on the part of its servants or of the ship\u2019s company, insofar as the corresponding damage was caused in the course of steering or otherwise operating the ship, or was caused by fire or explosion on board the ship and the measures taken were not predominantly for the benefit of the cargo.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">25.2 According to Article 26 (2) CMNI, it is agreed that the Freight Forwarder in its position as carrier or actual carrier is not liable for damages and losses arising from:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>25.2.1<\/b><span style=\"font-weight: 400;\"> an act or omission by the master of the vessel, the pilot, or any other person in the service of the vessel, pusher, or tower during navigation or in the formation or dissolution of a pushed or towed convoy, provided that the Freight Forwarder complied with the obligations set out for the crew in Article 3 (3) CMNI, unless that act or omission results from an intention to cause damage or from reckless conduct with the knowledge that such damage would probably result,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>25.2.2<\/b><span style=\"font-weight: 400;\"> fire or an explosion on the vessel, where it is not possible to prove that the fire or explosion resulted from a fault of the Freight Forwarder or the actual carrier, or their servants or agents, or a defect of the vessel,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>25.2.3<\/b><span style=\"font-weight: 400;\"> defects existing prior to the voyage of his vessel or of a rented or chartered vessel if he can prove that such defects could not have been detected prior to the start of the voyage despite due diligence.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">25.3 Clause 22.4 ADSp remains unaffected.<\/span><\/p>\n<h3><b>26. Non\u2010contractual liability<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">In accordance with sections 434 and 436 HGB, the above\u2010mentioned liability exclusions and limitations also apply to non\u2010contractual claims. Clause 23.4.1 ADSp applies accordingly.<\/span><\/p>\n<h3><b>27. Qualified fault<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">27.1 Liability exclusions and limitations listed in clauses 22.2, 22.3, 23.3, and 23.4 in conjunction with 23.5, 24, as well as 26 ADSp, do not apply when the damage has been caused by:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>27.1.1<\/b><span style=\"font-weight: 400;\"> intent or gross negligence of the Freight Forwarder or vicarious agents, or<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>27.1.2<\/b><span style=\"font-weight: 400;\"> infringement of Material Contractual Obligations, whereby such claims are limited to predictable and typical damages.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">27.2 Divergent from clause 27.1.2 ADSp, only the liability limitations of clause 24.1 and 24.2 ADSp do not apply in case of grossly negligent or intentional infringements of Material Contractual Obligations only.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">27.3 Sections 435 and 507 HGB remain applicable within their scope.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">27.4 Clause 27.1 ADSp is not applicable to statutory provisions, such as Article 25 MC, Article 36 CIM, or Article 20 and 21 CMNI, which extend the Freight Forwarder\u2019s liability or expand the imputation of fault of servants or third parties.<\/span><\/p>\n<h3><b>28. Liability insurance of the Freight Forwarder<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">28.1 The Freight Forwarder is obliged to purchase and maintain liability insurance at usual market conditions with an insurer of his choice that covers, as a minimum, the ordinary liability amounts of his freight forwarding liability according to ADSp and statutory provisions. The agreement of maximum insurance amounts per Damage Case, Damage Event, and per year is permitted, as well as the agreement of reasonable deductibles for the Freight Forwarder.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">28.2 Upon request, the Freight Forwarder is obliged to provide evidence of the liability insurance and its validity by presentation of an insurance confirmation within a reasonable Time Frame. If no such presentation is made, the Principal is entitled to terminate the Freight Forwarding Contract extraordinarily.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">28.3 The Freight Forwarder is only entitled to rely on the liability limitations of the ADSp when the Freight Forwarder provides appropriate insurance cover at the time of order.<\/span><\/p>\n<h3><b>29. Liability of the Principal<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">29.1 The liability of the Principal pursuant to sections 414, 455, 468, and 488 HGB is limited to EUR 200,000 per Damage Event.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">29.2 The aforementioned liability limitation does not apply in case of personal injuries, such as injury of life, body, or health, if the damage was caused by gross negligence or willful intent of the Principal or its vicarious agents, or if it results from an infringement of Material Contractual Obligations (the latter limited to predictable and typical damages).<\/span><\/p>\n<ol start=\"30\">\n<li><b> Applicable law, place of fulfillment, place of jurisdiction<\/b><\/li>\n<\/ol>\n<p><span style=\"font-weight: 400;\">30.1 The legal relationship between the Freight Forwarder and Principal is governed by German law.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">30.2 The place of fulfillment for all involved parties is the location of the Freight Forwarder\u2019s branch office dealing with the order or the enquiry.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">30.3 The place of jurisdiction for all disputes arising from the Freight Forwarding Contract, an enquiry, or in relation to it, is the location of the Principal or Freight Forwarder\u2019s branch office dealing with the order or enquiry, insofar as all parties are merchants. The aforementioned place of jurisdiction shall be deemed an additional place of jurisdiction pursuant to Article 31 CMR and Article 46 \u00a71 CIM, but not in case of Article 39 CMR, Article 33 MC, Article 28 of the Convention for the Unification of certain rules relating to international carriage by air (WC).<\/span><\/p>\n<h3><b>31. Confidentiality<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">31.1 The contractual parties are obliged to maintain confidentiality regarding all unpublished information received during execution of the Freight Forwarding Contract. This information can only be used for the exclusive purpose of contract fulfillment. The parties shall commit other legal persons with an equivalent confidentiality obligation if these persons are deployed for contract fulfillment.<\/span><\/p>\n<h3><b>32. Compliance<\/b><\/h3>\n<p><span style=\"font-weight: 400;\">32.1 The Freight Forwarder shall comply with minimum wage provisions and minimum workplace conditions and confirm compliance in text form upon request of the Principal. The Freight Forwarder indemnifies the Principal regarding liability for minimum wages if the Freight Forwarder, its subcontractor, or hire during fulfillment of the Freight Forwarding Contract fails to pay the minimum wages and the Principal is required to pay.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">32.2 The Freight Forwarder shall ensure, in case of transportation services, that it or its executing subcontractor:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>32.2.1<\/b><span style=\"font-weight: 400;\"> possesses, within the scope of the G\u00fcterkraftverkehrsgesetz (G\u00fcKG), a permit according to section 3 G\u00fcKG or a community license, or does not use such a permission or license unlawfully,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>32.2.2<\/b><span style=\"font-weight: 400;\"> deploys, within the scope of the G\u00fcKG, driving personnel that comply with the requirements of section 7b (1) sentence 1 G\u00fcKG, if applicable,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>32.2.3<\/b><span style=\"font-weight: 400;\"> upon request, provides all documents which must be carried during transportation according to statutory provisions, when the Principal or third parties must comply with statutory controlling obligations.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">32.3 In case of transportation, the Freight Forwarder or its executing subcontractor is obliged to organize the activities of its driving personnel according to the compulsory working, driving, and recreation times. Alcohol and drugs are generally prohibited during vehicle operation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">32.4 Both contracting parties commit to carrying out their contractual duties and to act according to the legal regulations covering their businesses, and to support and obey the principles of the United Nations Global Compact (UNGC), the United Nations Declaration of Human Rights, and the Declaration of the International Labour Organization regarding the 1998 Declaration on Fundamental Principles and Rights at Work, in accordance with national laws and customs. In particular, both parties will commit to:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>32.4.1<\/b><span style=\"font-weight: 400;\"> no child or forced labour,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>32.4.2<\/b><span style=\"font-weight: 400;\"> comply with relevant national laws and regulations regarding working hours, wages, salaries, and to comply with other obligations for employers,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>32.4.3<\/b><span style=\"font-weight: 400;\"> comply with current regulations on health and safety at work and to provide a safe and healthy workplace, thereby avoiding accidents, injuries, and work\u2010related illness,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>32.4.4<\/b><span style=\"font-weight: 400;\"> omit all discrimination based on race, religion, disability, age, sexual orientation, or sex,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>32.4.5<\/b><span style=\"font-weight: 400;\"> comply with international standards on corruption, such as those published in UNGC, and adhere to local anti\u2010corruption and bribery laws,<\/span><\/li>\n<li style=\"font-weight: 400;\" aria-level=\"1\"><b>32.4.6<\/b><span style=\"font-weight: 400;\"> adhere to all current environmental protection laws and regulations,<\/span><\/li>\n<\/ul>\n<p><b>32.4.7<\/b><span style=\"font-weight: 400;\"> engage business partners and subcontractors according to the aforementioned principles.<\/span><\/p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]\n","protected":false},"excerpt":{"rendered":"<p>DE &#8211; TERMS &amp; CONDITIONSThe German Freight Forwarders\u2019 Standard Terms and Conditions 2017 (Allgemeine Deutsche Spediteurbedingungen 2017 \u2013 ADSp 2017) are recommended for use as of January 1, 2017 by the Federation of German Industries (BDI), the Federation of German Wholesale, Foreign Trade and Services (BGA), the Federal Association of Road Haulage, Logistics and Disposal [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-1654","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.5 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Terms and Conditions DE - TranspoTrade<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.transpotrade.com\/zh\/de-terms\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and Conditions DE - TranspoTrade\" \/>\n<meta property=\"og:description\" content=\"DE - TERMS &amp; 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