{"id":783,"date":"2026-03-03T08:40:33","date_gmt":"2026-03-03T07:40:33","guid":{"rendered":"https:\/\/detraco.net\/adsp\/"},"modified":"2026-05-11T17:53:26","modified_gmt":"2026-05-11T15:53:26","slug":"adsp","status":"publish","type":"page","link":"https:\/\/detraco.net\/en\/adsp\/","title":{"rendered":"ADSp"},"content":{"rendered":"\t\t
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Forwarder
Conditions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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Forwarder Conditions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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General German Forwarding Conditions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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ADSp \/ Valid from 2017-01-01<\/p>

The General German Forwarding Conditions 2017 (ADSp 2017) are recommended for application by the German Freight Forwarding and Logistics Association (DSLV) from January 1, 2017.<\/p>

1. Definitions<\/h4>

1.1 Delivery<\/p>

The term delivery also includes the handover in warehousing transactions.<\/p>

1.2 Principal<\/p>

The legal entity that concludes a transport contract with the forwarder.<\/p>

1.3 Goods Susceptible to Theft<\/p>

Goods exposed to an increased risk of robbery and theft, such as money, precious metals, jewelry, watches, gemstones, works of art, antiques, debit cards, credit cards or other means of payment, securities, valuables, documents, spirits, tobacco products, consumer electronics, telecommunication devices, IT equipment and accessories, as well as chip cards.<\/p>

1.4 Consignee<\/p>

The legal entity to whom the goods are to be delivered according to the transport contract or based on effective instructions from the principal or another authorized party.<\/p>

1.5 Vehicle<\/p>

A means of transport used for the carriage of goods on traffic routes.<\/p>

1.6 Dangerous Goods<\/p>

Goods that, even during normal transport, storage, or other activities, can pose an immediate danger to persons, vehicles, and the legal interests of third parties. Dangerous goods particularly include those goods falling within the scope of relevant hazardous goods laws and regulations, as well as regulations concerning hazardous substances, water, or waste. <\/p>

1.7 Loading Equipment<\/p>

Means for consolidating packages and forming loading units, e.g., pallets, containers, swap bodies, tanks.<\/p>

1.8 Loading\/Unloading Point<\/p>

The postal address, unless the parties have agreed on a more precise location.<\/p>

1.9 Service Time<\/p>

The time (date, hour) at which a specific service is to be rendered, e.g., a time window or a specific time.<\/p>

1.10 Packages<\/p>

Individual items or units formed by the principal for the execution of the order, with or without loading equipment, which the forwarder must treat as a whole (consignment items within the meaning of \u00a7\u00a7 409, 431, 504 HGB).<\/p>

1.11 Damage Event \/ Loss Event<\/p>

A damage event occurs when an injured party asserts a claim from a transport contract or in place of a transport contract claim due to an external incident; a loss event occurs when, due to an external incident, several injured parties assert claims from several transport contracts.<\/p>

1.12 Interface<\/p>

After the forwarder takes over and before delivering the goods, any handover of the goods from one legal entity to another, any transshipment from one vehicle to another, any (intermediate) storage.<\/p>

1.13 Forwarder<\/p>

The legal entity that concludes a transport contract with the principal. Forwarders in this sense include, in particular, carriers within the meaning of \u00a7 407 HGB, forwarders within the meaning of \u00a7 453 HGB, warehouse keepers within the meaning of \u00a7 467 HGB, and ocean carriers within the meaning of \u00a7\u00a7 481, 527 HGB. <\/p>

1.14 Transport Contracts<\/p>

Contracts of the forwarder concerning all types of activities, regardless of whether they relate to forwarding, freight, sea freight, warehousing, or other transactions typically belonging to the forwarding business (e.g., customs clearance, shipment tracking, handling). These also include logistics services customary in forwarding, if they are related to the transport or storage of goods, in particular activities such as forming loading units, picking, labeling, and weighing goods, and returns processing. Wage transport contracts for the provision of manned motor vehicles for use according to the principal’s instructions are also considered freight contracts. <\/p>

1.15 Shipper<\/p>

The legal entity that hands over the goods for transport according to the transport contract or based on effective instructions.<\/p>

1.16 Essential Contractual Obligations<\/p>

Obligations whose fulfillment is essential for the proper execution of the transport contract (Clause 1.14) and on whose observance the contracting party may regularly rely.<\/p>

1.17 Valuable Goods<\/p>

Goods with an actual value of at least 100 Euros\/kg at the place and time of takeover.<\/p>

1.18 Time Window<\/p>

Agreed service period for the forwarder’s arrival at the loading or unloading point.<\/p>

1.19 Specific Time<\/p>

Agreed service time for the forwarder’s arrival at the loading or unloading point.<\/p>

2. Scope of Application<\/h4>

2.1 The ADSp apply to all transport contracts of the forwarder as contractor.<\/p>

2.2 Statutory provisions from which, by means of pre-formulated<\/p>

contractual conditions, no deviation is permitted, take precedence over the ADSp.<\/p>

2.3 The ADSp do not apply to transactions that exclusively concern<\/p>

2.3.1 packaging work,<\/p>

2.3.2 the transport and storage of goods to be towed or salvaged,<\/p>

2.3.3 the transport and storage of household goods within the meaning of \u00a7 451 HGB,<\/p>

2.3.4 storage and digitization of files; files are all types of embodied and digitized business papers, documents, data carriers, and similar items serving the collection of information,<\/p>

2.3.5 heavy or oversized transports requiring a traffic permit or special authorization for execution, crane services, and related assembly work.<\/p>

2.4 The ADSp do not apply to transport contracts with consumers within the meaning of \u00a7 13 BGB.<\/p>

3. Principal’s Obligations upon Placing an Order; Information Obligations, Special Types of Goods<\/h4>

3.1 The principal shall inform the forwarder in good time of all known, essential factors influencing the execution of the order. These include: <\/p>

3.1.1 addresses, type and nature of the goods, gross weight (including packaging and loading equipment provided by the principal) or the otherwise specified quantity, 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 according to Clause 21), and delivery deadlines,<\/p>

3.1.2 all public law obligations, e.g., customs law, foreign trade law (in particular, goods-, person-, or country-related embargoes) and security law obligations,<\/p>

3.1.3 in the case of sea transport, all data required by maritime safety regulations (e.g., SOLAS) in the prescribed form,<\/p>

3.1.4 industrial property rights existing vis-\u00e0-vis third parties, e.g., trademark and license restrictions associated with the possession of the goods, as well as legal or official obstacles preventing the execution of the order,<\/p>

3.1.5 special technical requirements for the means of transport and special cargo securing equipment to be provided by the forwarder.<\/p>

3.2 For dangerous goods, the principal must inform the forwarder in text form in good time of the quantity, the exact nature of the danger, and \u2013 if necessary \u2013 the precautions to be taken. If the goods are hazardous materials within the meaning of the law on the transport of dangerous goods or other goods for whose transport or storage special hazardous goods or waste law regulations exist, the principal must provide the information necessary for the proper execution of the order, in particular the classification according to the relevant hazardous goods law, and hand over the necessary documents at the latest upon delivery of the goods. <\/p>

3.3 For valuable goods or goods susceptible to theft, the principal must inform the forwarder in text form in the order about 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 a safe and damage-free execution of the order. If the forwarder accepts this order, they are obliged to take suitable security measures to protect the goods. <\/p>

3.4 The principal must provide the forwarder with all documents and other papers and provide information (e.g., tariff classification) that are necessary, in particular, for the proper customs or other legally required treatment \u2013 this also includes security controls, e.g., for air freight shipments \u2013 of the goods.<\/p>

4. Rights and Obligations of the Forwarder<\/h4>

4.1 The forwarder must safeguard the interests of the principal. They must examine the order placed with them for obvious defects and immediately notify the principal of all known circumstances of danger for the execution of the order. If necessary, they must obtain instructions. <\/p>

4.2 The forwarder must ensure that the vehicles, cargo securing equipment, and, if the provision of loading equipment has been agreed upon, such equipment used by them for transport processing are in technically perfect condition, comply with legal regulations and the requirements of the transport contract for the goods. Vehicles and loading equipment must be equipped with the usual devices, equipment, or procedures for protection against dangers to the goods, in particular cargo securing equipment. Vehicles should be low-emission, noise-reduced, and energy-efficient. <\/p>

4.3 The forwarder must employ reliable and professionally trained, suitable, and properly employed driving personnel and, if necessary, with a driver’s certificate.<\/p>

4.4 The forwarder must comply with any house, operating, or construction site regulations applicable on a third-party premises and made known to them. \u00a7 419 HGB remains unaffected. <\/p>

4.5 The forwarder is entitled to make customs clearance dependent on the issuance of a written power of attorney that allows them direct representation.<\/p>

4.6 If the forwarder is commissioned with the cross-border transport of goods or import or export clearance, this order, in case of doubt, also includes the customs or otherwise legally required treatment of the goods if cross-border transport to the destination is not feasible without it. In doing so, they may: <\/p>

4.6.1 open packaging if this is necessary for the purpose of carrying out a legally required inspection (e.g., forwarder as Regulated Agent) and subsequently take all measures necessary for order processing, e.g., repackaging the goods,<\/p>

4.6.2 advance customs duties.<\/p>

4.7 In the event of damage to goods or delay, the forwarder must, upon request of the principal or consignee, immediately provide all information known to them that is necessary to secure claims for damages.<\/p>

4.8 Unless expressly agreed otherwise, the order placed with the forwarder does not include:<\/p>

4.8.1 the provision and exchange of pallets or other loading equipment,<\/p>

4.8.2 the loading and unloading of goods, unless otherwise indicated by circumstances or trade custom,<\/p>

4.8.3 a transshipment prohibition (\u00a7 486 HGB does not apply),<\/p>

4.8.4 the provision of a shipment tracking system, unless this is customary in the industry, whereby Clause 14 remains unaffected,<\/p>

4.8.5 returns, re-routes, and undeclared co-loads. If, in deviation from the order, one or more additional packages are handed over for transport by the principal and the forwarder accepts these packages for transport, the forwarder and the principal conclude a new transport contract for these goods. For returns or undeclared co-loads, in the absence of a different agreement, the provisions of the original transport contract apply. Clause 5.2 remains unaffected. <\/p>

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

5. Contact Person, Electronic Communication and Documents<\/h4>

5.1 Upon request of one contracting party, each contracting party shall designate one or more contact persons for receiving information, declarations, and inquiries for contract execution and shall communicate their names and contact addresses to 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 transport contract for that party shall be deemed the contact person. Information obligations beyond the law, e.g., regarding measures of the forwarder in case of disruptions, in particular an impending delay in takeover or delivery, in case of transport or delivery obstacles, in case of damage to goods or other disruptions (emergency concept), require express agreement. <\/p>

5.2 In the absence of an express agreement, contractual declarations by warehouse and driving personnel require the approval of the respective contracting party to be effective.<\/p>

5.3 The principal must ensure that the shipper or consignee makes the declarations required for the execution of the transport contract at the loading or unloading point on behalf of the principal and performs actual actions, such as the handover or takeover of the goods.<\/p>

5.4 If agreed between the principal and the forwarder, the parties will transmit or receive shipment data, including invoicing, via EDI (Electronic Data Interchange)\/remote data transmission. The transmitting party bears the risk for the loss, completeness, and accuracy of the transmitted data. <\/p>

5.5 In the case of an agreement according to Clause 5.4, the parties shall ensure that their own IT system is operational and that the usual security and control measures are carried out to protect electronic data exchange from third-party access and to prevent alteration, loss, or destruction of electronically transmitted data. Each party is obliged to inform the other party in good time of changes to its IT system that may affect electronic data exchange. <\/p>

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 only electronically or digitally and to destroy the originals in compliance with legal regulations. <\/p>

6. Principal’s Packaging and Labeling Obligations<\/h4>

6.1 The goods must be packaged by the principal and, if necessary, provided with clear and durable markings for their proper handling according to the order. Old markings must be removed or made illegible. The same applies to packages. <\/p>

6.2 Furthermore, the principal is obliged to:<\/p>

6.2.1 mark packages belonging to a single consignment as belonging together,<\/p>

6.2.2 prepare packages \u2013 if necessary \u2013 in such a way that access to the contents is not possible without leaving externally visible traces.<\/p>

7. Forwarder’s Cargo Securing and Control Obligations<\/h4>

7.1 If loading or unloading takes place at more than one loading or unloading point, the forwarder shall ensure cargo securing continuously from the completion of the transport-safe loading of goods until the last unloading point.<\/p>

7.2 The forwarder is obliged to carry out checks at each interface. They must check the goods for completeness and identity, as well as externally visible damage and integrity of labels, seals, and closures, and document any irregularities. <\/p>

8. Receipt<\/h4>

8.1 The forwarder must acknowledge receipt of the goods \u2013 possibly with reservations. With the receipt of takeover, the forwarder confirms, in case of doubt, only the number and type of packages, but not their content, value, weight, or otherwise specified quantity. <\/p>

8.2 For pre-loaded or closed loading units such as containers or swap bodies and data transmitted in advance by the principal, the correctness of a takeover receipt regarding the number and type of loaded packages is rebutted if the forwarder immediately reports (quantity) differences and damages to the principal after unloading the loading unit.<\/p>

8.3 As proof of delivery, the forwarder must request a delivery receipt from the consignee for the packages specified in the order or other accompanying documents. If the consignee refuses to issue the delivery receipt, the forwarder must obtain instructions. The principal may demand the surrender of the delivery receipt within one year after delivery of the goods. <\/p>

8.4 All signed documents proving the execution of the order, such as delivery notes, forwarder’s receipts, freight and sea waybills, bills of lading, or consignments, serve as takeover or delivery receipts.<\/p>

8.5 The takeover or delivery receipt can also be created electronically or digitally, unless the principal requests the issuance of a freight or sea waybill, bill of lading, or consignment.<\/p>

9. Instructions<\/h4>

The forwarder is obliged to observe any instructions given to them regarding the goods after the conclusion of the contract, unless the execution of the instruction threatens to cause disadvantages for the operation of their company or damage to the principals or consignees of other shipments. If the forwarder intends not to follow an instruction given to them, they must immediately notify the person who gave the instruction. <\/p>

10. Freight Payment, Cash on Delivery<\/h4>

The principal’s notification that the order is to be dispatched freight collect or, for example, according to Incoterms for the account of the consignee or a third party, does not affect the principal’s obligation to the forwarder to bear the remuneration and other expenses (freight, customs duties, and other charges). Cash on delivery instructions, e.g., according to \u00a7 422 HGB, Art. 21 CMR, <\/p>

remain unaffected.<\/p>

11. Failure to Observe Loading and Unloading Times, Demurrage<\/h4>

11.1 If the principal is to load or unload the goods, they are obliged to observe the agreed, or otherwise a reasonable, loading or unloading time.<\/p>

11.2 If a specific time or time window is agreed or announced by the forwarder for the provision of a vehicle in road freight transport, without the principal, shipper, or consignee objecting, the loading or unloading time for full loads (but not for bulk goods) is a flat rate of a maximum of 2 hours for loading or unloading, respectively, regardless of the number of shipments per loading or unloading point for vehicles with a permissible gross weight of 40 tons. For vehicles with a lower gross weight, these times are reduced appropriately on a case-by-case basis. <\/p>

11.3 The loading or unloading time begins with the arrival of the road vehicle at the loading or unloading point (e.g., registration at the gate) and ends when the principal or consignee has fully complied with their obligations. If a specific service time has been agreed for the provision of the road vehicle at the loading or unloading point, the loading or unloading time does not begin before the agreed time for provision. <\/p>

11.4 If the loading or unloading time is exceeded due to contractual agreement or for reasons not attributable to the forwarder’s risk area, the principal must pay the forwarder the agreed, or otherwise a reasonable, demurrage as remuneration.<\/p>

11.5 The foregoing provisions apply mutatis mutandis if the forwarder is obliged to load or unload the goods and the principal is exclusively obliged to provide the goods for loading or to accept them after unloading.<\/p>

12. Obstacles to Performance, Force Majeure<\/h4>

12.1 If the forwarder cannot take over the goods or cannot do so in time, they must immediately notify the principal or shipper and obtain corresponding instructions. \u00a7 419 HGB applies mutatis mutandis. The principal remains entitled to terminate the transport contract without the forwarder being entitled to assert claims under \u00a7 415 para. 2 HGB. <\/p>

12.2 Obstacles to performance not attributable to the risk area of a contracting party release the contracting parties from their performance obligations for the duration of the disruption and the extent of its effect. Such obstacles to performance include force majeure, civil unrest, acts of war or terrorism, strikes and lockouts, blockade of transport routes, and other unforeseeable, unavoidable, and serious events. In the event of an obstacle to performance, each contracting party is obliged to inform the other party immediately; the forwarder is also obliged to obtain instructions from the principal. <\/p>

13. Delivery<\/h4>

13.1 If, upon arrival at the unloading point, it becomes apparent that unloading cannot be carried out within the unloading time, the forwarder must immediately notify the principal and obtain corresponding instructions. \u00a7 419 HGB applies. <\/p>

13.2 If the forwarder cannot meet the agreed service time or \u2013 in the absence of an agreement \u2013 a reasonable time for the delivery of the goods, they must obtain instructions from their principal or the consignee.<\/p>

13.3 If the consignee is not found at their home, business premises, or a communal facility where the consignee resides, the goods may be delivered, provided there are no obvious doubts about their authorization to receive them,<\/p>

13.3.1 at home to an adult family member, a person employed in the family, or an adult permanent co-resident,<\/p>

13.3.2 at business premises to a person employed there,<\/p>

13.3.3 in communal facilities to the head of the facility or an authorized representative.<\/p>

13.4 If the forwarder has made an agreement with the principal or consignee according to which delivery is to take place without physical handover to the consignee (e.g., night, garage, or conveyor belt delivery), delivery takes place with the actual provision of the goods at the agreed location.<\/p>

13.5 Delivery may only take place under the supervision of the principal, consignee, or a third party authorized to receive the goods.<\/p>

Clauses 13.3 and 13.4 remain unaffected.<\/p>

14. Forwarder’s Duty to Provide Information and Surrender<\/h4>

14.1 The forwarder is obliged to provide the principal with the necessary information, to provide information on the status of the business upon request, and to render an account after its execution; however, they are only obliged to disclose costs if they act on behalf of the principal.<\/p>

14.2 The forwarder is obliged to surrender to the principal everything they receive for the execution of the business and everything they obtain from the management of the business.<\/p>

15. Storage<\/h4>

15.1 The principal must package and label the goods, if necessary, provide documents, and give all information that the forwarder needs for proper storage.<\/p>

15.2 Storage takes place, at the forwarder’s discretion, in their own or, if not contractually excluded, in third-party warehouses. If the forwarder stores goods with a third-party warehouse keeper, they must immediately notify the principal in writing of the name and location of the warehouse or, if a warehouse receipt is issued, note it thereon. <\/p>

15.3 The forwarder must ensure the proper maintenance and care of warehouses and other storage areas, the access roads on the premises, and the security of the goods, in particular against theft. Further security measures, e.g., beyond statutory fire protection regulations, require express agreement. <\/p>

15.4 In the absence of a different agreement,<\/p>

15.4.1 the takeover of goods for storage begins with the start of the forwarder’s unloading of the vehicle, and the delivery of goods ends with the completion of the forwarder’s loading,<\/p>

15.4.2 inventory management is carried out by the forwarder’s warehouse management system,<\/p>

15.4.3 a physical inventory is conducted annually. Upon instruction from the principal, the forwarder conducts further physical inventories against reimbursement of expenses. <\/p>

15.5 The forwarder undertakes, upon takeover of the goods, if reasonable means of inspection are available to them, to carry out an incoming inspection regarding the type, quantity, and condition of the goods, marks, numbers, number of packages, as well as externally visible damage according to \u00a7 438 HGB.<\/p>

15.6 Regular checks must be carried out by suitable personnel of the forwarder to secure the goods.<\/p>

15.7 In case of inventory discrepancies and anticipated changes to the goods, the forwarder must immediately inform the principal and obtain instructions. \u00a7 471 para. 2 HGB remains unaffected. <\/p>

15.8 Further service and information obligations require express agreement.<\/p>

16. Remuneration<\/h4>

The agreed remuneration, which includes the costs of transport and storage, covers all services to be rendered under the transport contract. Additional claims for costs incurred in the regular course of transport or warehousing and foreseeable at the time of the offer cannot be asserted separately, unless otherwise agreed. Calculation errors are at the expense of the calculating party. \u00a7\u00a7 412, 418, 419, 491, 492, 588 to 595 HGB and comparable regulations from international agreements remain unaffected. <\/p>

17. Claims for Expenses and Indemnification<\/h4>

17.1 The forwarder is entitled to reimbursement of expenses that they could reasonably consider necessary and for which they are not responsible, in particular contributions to general average procedures, detention or demurrage costs, re-packaging for the protection of the goods.<\/p>

17.2 If the principal commissions the forwarder to receive goods and, upon delivery to the forwarder, freight charges, cash on delivery amounts, customs duties, taxes, or other charges or expenses are demanded, the forwarder is entitled, but not obliged, to advance these \u2013 insofar as they could reasonably consider them necessary \u2013 and to demand reimbursement from the principal, unless otherwise agreed.<\/p>

17.3 The principal must indemnify the forwarder upon request from expenses such as freight claims, contributions to general average procedures, customs duties, taxes, and other charges that are levied on the forwarder, in particular as an authorized party or as a possessor of third-party goods, if the forwarder is not responsible for them.<\/p>

18. Invoices, Foreign Currencies<\/h4>

18.1 Remuneration claims of the forwarder require the receipt of an invoice or payment statement that meets legal requirements. In the absence of a different agreement, the due date for undisputed delivery does not require the submission of a delivery receipt. <\/p>

18.2 The forwarder is entitled to demand payment from foreign principals or consignees, at their discretion, in their national currency or in Euros.<\/p>

18.3 If the forwarder owes foreign currency or advances foreign currency, they are entitled to demand payment either in the foreign currency or in Euros. If they demand payment in Euros, the conversion is made at the officially fixed exchange rate on the day of the forwarder’s payment, which the forwarder must prove. <\/p>

18.4 Payment processing by credit note procedure must be expressly agreed upon. In case of doubt, the principal must issue credit notes immediately after performance. Clause 18.1 sentence 1 does not apply to the credit note procedure. <\/p>

19. Set-off, Right of Retention<\/h4>

Against claims arising from the transport contract and related non-contractual claims, set-off or retention is only permissible if the counterclaim is due, undisputed, ready for decision, or legally established.<\/p>

20. Lien and Right of Retention<\/h4>

20.1 To secure their claims arising from transport contract services, the forwarder may invoke the statutory liens and rights of retention to which they are entitled.<\/p>

20.2 The realization of the lien takes place according to statutory provisions, with the proviso that:<\/p>

20.2.1 when exercising the statutory lien of the carrier or ocean carrier, the threat of sale of the lien and the necessary notifications must be addressed to the consignee,<\/p>

20.2.2 the period of one week replaces the period of one month specified in \u00a7 1234 BGB.<\/p>

20.3 The principal is entitled to prohibit the exercise of the lien if they provide the forwarder with security of equivalent value (e.g., a self-guarantee bank guarantee) for their claims.<\/p>

21. Insurance of Goods<\/h4>

21.1 The forwarder arranges for the insurance of the goods (e.g., transport or storage insurance) with an insurer of their choice if the principal commissions them to do so before handing over the goods.<\/p>

21.2 The forwarder must arrange for the insurance of the goods if this is in the interest of the principal. The forwarder may particularly assume this if: <\/p>

21.2.1 the forwarder arranged insurance in a previous transport contract within the scope of an ongoing business relationship,<\/p>

21.2.2 the principal specified a “value of goods for insurance” in the order.<\/p>

21.3 The presumption of interest in taking out insurance according to Clause 21.2 does not exist, in particular, if:<\/p>

21.3.1 the principal prohibits the coverage,<\/p>

21.3.2 the principal is a forwarder, carrier, or warehouse keeper.<\/p>

21.4 When arranging insurance,<\/p>

the forwarder must follow the principal’s instructions, particularly regarding the sum insured and the risks to be covered. If they receive no instructions, the forwarder must decide on the type and scope of insurance at their dutiful discretion and conclude it under market-standard conditions. <\/p>

21.5 If the forwarder cannot obtain insurance coverage due to the nature of the goods to be insured or for any other reason, the forwarder must immediately notify the principal.<\/p>

21.6 If the forwarder arranges insurance after the conclusion of the contract at the principal’s instruction, collects an indemnity amount, or performs other activities in the settlement of insurance claims and general averages, they are entitled to a customary, or otherwise reasonable, remuneration in addition to the reimbursement of their expenses, even without an agreement.<\/p>

22. Forwarder’s Liability, Assignment of Claims for Compensation<\/h4>

22.1 The forwarder is liable for damages in accordance with statutory provisions. However, the following regulations apply, unless mandatory or AGB-proof legal provisions stipulate otherwise. <\/p>

22.2 In all cases where the forwarder is liable for loss or damage to goods (goods damage) based on fault according to Clauses 23.3 and 24, they must pay compensation for value and costs in accordance with \u00a7\u00a7 429, 430, 432 HGB instead of damages.<\/p>

22.3 In the event of inventory discrepancies, the forwarder may, in cases covered by Clause 24, carry out a value-based netting of the inventory for the same principal with simultaneous shortages and surpluses to determine the value compensation.<\/p>

22.4 If the forwarder has claims against a third party arising from a damage event for which they are not liable, or if the forwarder has claims for compensation against a third party exceeding their own liability, they must assign these claims to the principal upon request, unless the forwarder undertakes to pursue the claims for the account and risk of the principal based on a special agreement. \u00a7\u00a7 437, 509 HGB remain unaffected. <\/p>

23. Limitations of Liability<\/h4>

23.1 The forwarder’s liability for goods damage in their custody according to \u00a7 431 paras. 1, 2 and 4 HGB is limited in amount as follows, with the exception of damages from sea transport and arranged storage: <\/p>

23.1.1 to 8.33 Special Drawing Rights for each kilogram if the forwarder is – a carrier within the meaning of \u00a7 407 HGB, – a forwarder acting as carrier, a fixed-cost or groupage forwarder within the meaning of \u00a7\u00a7 458 to 460 HGB, or – a custody forwarder within the meaning of \u00a7 461 para. 1 HGB; <\/p>

23.1.2 to 2 instead of 8.33 Special Drawing Rights for each kilogram if the principal has concluded a transport contract with the forwarder for carriage by various means of transport including sea transport and the place of damage is unknown. If the place of damage is known, liability is determined according to \u00a7 452a HGB, taking into account the exclusions and limitations of liability of the ADSp. <\/p>

23.1.3 If the forwarder’s liability under Clause 23.1.1 exceeds an amount of 1.25 million Euros per damage event, their liability is also limited to a maximum of 1.25 million Euros or 2 Special Drawing Rights for each kilogram per damage event, whichever amount is higher. <\/p>

23.2 The forwarder’s liability for goods damage in their custody under a transport contract for sea transport and for cross-border transport is limited to the maximum liability amount legally stipulated for such transport. Clause 25 remains unaffected. <\/p>

23.3 In cases not covered by Clauses 23.1 and 23.2 (such as \u00a7 461 para. 2 HGB, \u00a7\u00a7 280 ff BGB), the forwarder’s liability for goods damage is limited in amount according to \u00a7 431 paras. 1, 2 and 4 HGB: <\/p>

23.3.1 for a transport contract for sea transport or carriage by various means of transport including sea transport, to 2 Special Drawing Rights for each kilogram,<\/p>

23.3.2 for all other transport contracts, to 8.33 Special Drawing Rights for each kilogram.<\/p>

23.3.3 In addition, the forwarder’s liability is limited to a maximum of 1.25 million Euros per damage event.<\/p>

23.4 The forwarder’s liability for damages other than goods damage, with the exception of damages in arranged storage, personal injury, and property damage to third-party goods, is limited to three times the amount that would be payable for loss of goods according to Clause 23.3.1 or 23.3.2. In addition, the forwarder’s liability is limited to a maximum of 125,000 Euros per damage event. <\/p>

23.4.1 \u00a7\u00a7 413 para. 2, 418 para. 6, 422 para. 3, 431 para. 3, 433, 445 para. 3, 446 para. 2, 487 para. 2, 491 para. 5, 520 para. 2, 521 para. 4, 523 HGB, as well as corresponding liability provisions in international agreements from which no deviation is permitted by means of pre-formulated contractual conditions, remain unaffected. <\/p>

23.4.2 Clause 23.4 does not apply to legal provisions such as Art. 25 M\u00dc, Art. 5 CIM or Art. 20 CMNI, which<\/p>

extend the liability of the freight forwarder or permit such extension.<\/p>

23.5 If the liability of the freight forwarder under Sections 23.1, 23.3, and 23.4 exceeds an amount of 2.5 million euros per loss event, its liability is further limited, regardless of how many claims arise from a loss event, to a maximum of 2.5 million euros per loss event or 2 Special Drawing Rights for each kilogram of lost and damaged goods, whichever<\/p>

amount is higher; in the case of multiple injured parties, the freight forwarder shall be liable proportionally in relation to their claims.<\/p>

24. Liability Limitations for Ordered Storage, Inventories, and Value Declaration<\/h4>

24.1 The liability of the freight forwarder for damage to goods is limited in amount in the case of ordered storage<\/p>

24.1.1 in accordance with Section 431 (1), (2), and (4) HGB to 8.33 Special Drawing Rights for each kilogram, <\/p>

24.1.2 to a maximum of 35,000 euros per loss event.<\/p>

24.1.3 If the damage to a client consists of a discrepancy between the target and actual inventory stock, the liability of the freight forwarder is limited, notwithstanding Section 24.1.2, to 70,000 euros per year, regardless of the number and form of inventories conducted and the number of loss events causing the inventory discrepancy.<\/p>

24.2 The client may, upon payment of a surcharge to be agreed upon, declare in text form a value to increase liability prior to storage that exceeds the maximum amounts specified in Section 24.1. In this case, the declared value shall replace the respective maximum amount. <\/p>

24.3 The liability of the freight forwarder for damages other than damage to goods, with the exception of personal injury and damage to third-party property,<\/p>

is limited to 35,000 euros per loss event in the case of ordered storage.<\/p>

24.4 The liability of the freight forwarder\u2014with the exception of personal injury and damage to third-party property\u2014is in any case, regardless of how many claims arise from a loss event, limited in the case of ordered storage<\/p>

to 2.5 million euros per loss event; in the case of multiple injured parties, the freight forwarder shall be liable proportionally in relation to their claims. Section 24.2 remains unaffected. <\/p>

25. Exclusion of Liability for Sea and Inland Waterway Transport<\/h4>

25.1 In accordance with Section 512 (2) No. 1 HGB, it is agreed that the freight forwarder, in its capacity as carrier, shall not be liable for fault of its personnel and the ship’s crew if the damage arose from conduct in the navigation or other operation of the ship, but not from the implementation of measures taken predominantly in the interest of the cargo, or from fire or explosion on board a ship. <\/p>

25.2 In accordance with Article 25 (2) CMNI, it is agreed that the freight forwarder, in its capacity as carrier or performing carrier, shall not be liable for damage that <\/p>

25.2.1 is caused by an act or omission of the master, pilot, or other persons in the service of the ship or of a pusher or tug in the navigation or in the assembly or dissolution of a pushed or towed convoy, provided that the freight forwarder has fulfilled its obligations under Article 3 (3) CMNI with respect to the crew, unless the act or omission is committed with intent to cause the damage or recklessly and with knowledge that such damage would probably result, <\/p>

25.2.2 was caused by fire or explosion on board the ship, without proof that the fire or explosion was caused by fault of the freight forwarder, the performing carrier, or their servants or agents, or by a defect in the ship,<\/p>

25.2.3 is attributable to defects in its ship or a rented or chartered ship existing before the commencement of the voyage, if it proves that the defects could not be discovered before the commencement of the voyage despite the exercise of due diligence.<\/p>

25.3 Section 22.4 remains unaffected.<\/p>

26. Non-Contractual Claims<\/h4>

The above exclusions and limitations of liability also apply to non-contractual claims in accordance with Sections 434, 436 HGB. Section 23.4.1 applies accordingly. <\/p>

27. Qualified Fault<\/h4>

27.1 The exclusions and limitations of liability specified in Sections 22.2, 22.3, 23.3 and 23.4 in conjunction with 23.5, 24, and 26 do not apply if the damage was caused<\/p>

27.1.1 by intent or gross negligence of the freight forwarder or its vicarious agents, or<\/p>

27.1.2 by breach of essential contractual obligations, whereby claims for damages in the latter case are limited to foreseeable, typical damage.<\/p>

27.2 Notwithstanding Section 27.1.2, the liability limitations in Sections 24.1 and 24.2 shall only be waived in the event of a grossly negligent or intentional breach of essential contractual obligations.<\/p>

27.3 Sections 435, 507 HGB remain unaffected in their respective scope of application.<\/p>

27.4 Section 27.1 does not apply to statutory provisions such as Article 25 M\u00dc, Article 36 CIM, or Articles 20, 21 CMNI that extend the liability of the freight forwarder or permit such extension, or that expand the attribution of fault of personnel or other third parties.<\/p>

28. Liability Insurance of the Freight Forwarder<\/h4>

28.1 The freight forwarder is obligated to conclude and maintain liability insurance with an insurer of its choice under market-standard conditions that covers at least its contractual liability under the ADSp and under the law to the extent of the standard liability amounts. The agreement of a maximum compensation per loss event, loss occurrence, and year is permissible; likewise, the agreement of a reasonable deductible for the freight forwarder. <\/p>

28.2 The freight forwarder must, upon request, provide evidence to the client of the existence of valid liability insurance coverage by presenting an insurance confirmation. If it fails to provide this evidence within a reasonable period, the client may terminate the transport contract extraordinarily. <\/p>

28.3 The freight forwarder may only invoke the liability provisions of the ADSp against the client if it maintains adequate insurance coverage at the time the order is placed.<\/p>

29. Client Liability<\/h4>

29.1 The liability of the client under Sections 414, 455, 468, and 488 HGB is limited to 200,000 euros per loss event.<\/p>

29.2 The above limitation of liability does not apply to personal injury, i.e., injury to life, body, or health, or if the damage was caused by intent or gross negligence of the client or its vicarious agents, or by breach of essential contractual obligations, whereby claims for damages in the latter case are limited to foreseeable, typical damage.<\/p>

30. Applicable Law, Place of Performance, Jurisdiction<\/h4>

30.1 German law applies to the legal relationship between the freight forwarder and the client.<\/p>

30.2 The place of performance for all parties is the location of the freight forwarder’s branch to which the order or inquiry is directed.<\/p>

30.3 The place of jurisdiction for all legal disputes arising from the transport contract, its initiation, or in connection therewith is, for all parties insofar as they are merchants, either the location of the client’s branch or the freight forwarder’s branch to which the order or inquiry is directed. The above jurisdiction agreement is deemed an additional jurisdiction agreement in the case of Articles 31 CMR and 46 Section 1 CIM, but not in the case of Articles 39 CMR, 33 M\u00dc, 28 WA. <\/p>

31. Confidentiality<\/h4>

The parties are obligated to treat all non-publicly accessible information that becomes known to them during the performance of the transport contract as confidential. The information may be used exclusively for the purpose of service provision. The parties must impose this confidentiality obligation on other legal entities they engage in fulfilling their contractual transport obligations. <\/p>

32. Compliance<\/h4>

32.1 The freight forwarder undertakes to comply with minimum wage regulations and regulations on minimum working conditions and confirms this in text form upon request by the client. The freight forwarder indemnifies the client from its liability for the minimum wage if the freight forwarder or a subcontractor or hirer engaged under the transport contract with the client fails to pay employees the statutory minimum wage and the client is held liable. <\/p>

32.2 In the case of transport operations, the freight forwarder must ensure that it or the company performing the transport<\/p>

32.2.1 within the scope of application of the G\u00fcKG holds a permit under Section 3 G\u00fcKG or an authorization under Section 6 G\u00fcKG or a Community license, or does not unlawfully use such a permit, authorization, or license,<\/p>

32.2.2 within the scope of application of the G\u00fcKG employs driving personnel during transport that meets the requirements of Section 7b (1) Sentence 1 G\u00fcKG, <\/p>

32.2.3 upon request presents all documents legally required to be carried during transport, insofar as the client or third parties must comply with statutory control obligations.<\/p>

32.3 The freight forwarder or the company performing the transport is obligated to organize the activities of its driving personnel in such a way that the prescribed working, driving, and rest periods can be observed. There is a general prohibition on alcohol and drugs when operating the vehicle. <\/p>

32.4 Both parties undertake to comply with the statutory provisions applicable to their company. They support and respect the principles of the Global Compact (“UNGC”), the Universal Declaration of Human Rights of the United Nations, and the International Labor Organization’s Declaration on Fundamental Principles and Rights at Work of 1998 (“Declaration on Fundamental Principles and Rights at Work”) in accordance with national laws and practices. In particular, both parties shall in their companies <\/p>

32.4.1 not employ children or use forced labor,<\/p>

32.4.2 comply with the respective national laws and regulations on working hours, wages and salaries, and other employer obligations,<\/p>

32.4.3 comply with applicable labor and health regulations and provide a safe and health-promoting work environment to maintain the health of employees and prevent accidents, injuries, and work-related illnesses,<\/p>

32.4.4 refrain from any discrimination based on race, religion, disability, age, sexual orientation, or gender,<\/p>

32.4.5 observe the international anti-corruption standards as set forth in the UNGC and local anti-corruption and anti-bribery laws,<\/p>

32.4.6 comply with all applicable environmental laws and regulations,<\/p>

32.4.7 propose to their business partners and subcontractors that they also base their actions on the aforementioned principles.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

ForwarderConditions Forwarder Conditions General German Forwarding Conditions ADSp \/ Valid from 2017-01-01 The General German Forwarding Conditions 2017 (ADSp 2017) are recommended for application by the German Freight Forwarding and Logistics Association (DSLV) from January 1, 2017. 1. Definitions 1.1 Delivery The term delivery also includes the handover in warehousing transactions. 1.2 Principal The legal […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-783","page","type-page","status-publish","hentry"],"yoast_head":"\nGeneral German Forwarding Conditions | Detraco<\/title>\n<meta name=\"description\" content=\"Information on the General German Forwarding Conditions. 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