ADSp 2017
1. Definitions1
(1.4) Consignee
Legal person to whom the goods shall be delivered
according to the Freight Forwarding Contract or valid
instruction of the Principal or other persons authorised to
dispose of.
(1.11) Damage Case/Damage Event
Damage Case 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;
Damage Event means, when, due to an external process,
several claimants raise claims on the basis of several
Freight Forwarding Contracts.
(1.6) Dangerous Goods
Dangerous Goods are goods that have the potential to
endanger people, Vehicles or legal interests of third parties
during the course of standard 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.
(1.1) Delivery
The term of Delivery includes also the delivery in the
warehouse business.
(1.13) Freight Forwarder
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 sea freight carrier according to sections
481, 527 HGB.
(1.14) Freight Forwarding Contracts (“Verkehrsverträge”)
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.
The German Freight Forwarders’ Standard Terms and Conditions 2017 (Allgemeine Deutsche
Spediteurbedingungen 2017 – 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 (AMÖ), 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-binding and the contract parties
are free to make agreements that deviate from the contents of this recommendation.
1 For user-friendliness, Section 1 ADSp 2017 (“Definitions”) is sorted
in alphabetical order. The numbering is according to the German version
of the ADSp 2017.
The following text is a translation of the German version of the ADSp 2017.
In case of doubts, the German version of the ADSp 2017 shall prevail.
GERMAN FREIGHT FORWARDERS‘ STANDARD TERMS AND CONDITIONS 2017
2 www.dslv.org Contracts about the presentation of manned motor Vehicles
for use on instruction by the Principal shall also be deemed
as Freight Forwarding Contracts (“Lohnfuhrverträge”).
(1.12) Interfaces
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 transhipment
from one Vehicle to another, any (temporary) storage.
1.7 Loading Means
Means for the aggregation of Packages and for the creation
of loading units, such as pallets, container, swap trailers, bins.
(1.16) Material Contractual Obligations
Material Contractual Obligations are defined as those that
initially enable the contractually agreed fulfilment of the
Freight Forwarding Contract and on which the contracting
partner is entitled to reasonably rely on.
(1.10) Packages
Single items or units formed by the Principal for the fulfilment
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).
(1.8) Place of Loading/Discharge
The postal address, if the parties have not agreed on a more
precise location.
(1.19) Point of Time
Agreed Point of Time for the arrival of the Freight Forwarder
at the Place of Loading or Place of Discharge.
(1.2) Principal
Legal person which concludes a Freight Forwarding Contract
with the Freight Forwarder.
(1.15) Shipper
Legal Person, which hands over the goods for transportation
according to the Freight Forwarding Contract or on a valid
instruction.
(1.3) Theft-Sensitive Goods
Theft-Sensitive Goods are those exposed to an increased
risk of robbery and theft, such as money, precious metals,
jewellery, 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.
(1.18) Time Frame
Agreed Time Frame for the arrival of the Freight Forwarder at
the Place of Loading or Place of Discharge.
(1.9) Time of Performance
The time (date, time of day) up to a particular performance
must be taken place, for example a Time Frame or Point of
Time.
(1.17) Valuable Goods
Good, at the time and place of taking over, with an actual
value of at least 100 Euro/kg.
(1.5) Vehicle
Means of transport for the transportation of goods on traffic
routes.
2. Scope of application
2.1 The ADSp cover all Freight Forwarding Contracts undertaken
by the Freight Forwarder as contractor.
2.2 Statutory provisions which cannot be modified by pre-formulated
standard terms and conditions take precedence over
the ADSp.
2.3 The ADSp do not apply to businesses that are exclusively
dedicated to:
2.3.1 packaging,
2.3.2 transportation and warehousing of towed or salvaged goods,
2.3.3 transportation and warehousing of removal goods according
to section 451 HGB,
2.3.4 storage and digitalisation of files; files are all types of embodied
and digitalised business papers, documents, data storage
mediums and similar objects for information collection,
2.3.5 abnormal and heavy-load transports, which require a transportation
regulation permission or exception, crane services
and associated assembly work,
2.4 The ADSp do not apply to Freight Forwarding Contracts with
consumers as defined in Section 13 German Civil Code (BGB).
3. Obligation of the Principal regarding placing of
orders, information requirements, special goods
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
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
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3 www.dslv.org
the goods (for example for customs purposes or the insurance
of goods according to clause 21 ADSp) and Delivery
times,
3.1.2 all public-legal 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
embargos) and legal safety obligations.
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).
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.
3.1.5 specific technical requirements for the means of transport
and particular cargo securing means to be supplied by the
Freight Forwarder.
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 – if
required – the necessary safety measures. If Dangerous Goods
fall into scope of the law on the transport of dangerous goods
(Gesetz über die Beförderung gefährlicher Güter [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.
3.3 In case of Valuable or Theft-Sensitive 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 damagefree
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.
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.
4. Rights and duties of the Freight Forwarder
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 fulfilment of the order.
If required, the Freight Forwarder shall ask for instructions.
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 safety
means. Vehicles shall have low emissions and noise as well as
low energy consumption.
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.
4.4 On foreign premises, the Freight Forwarder shall comply
with the house rules, plant or construction site regulations
in force, if they were announced to the Freight Forwarder.
Section 419 HGB remains unaffected.
4.5 The Freight Forwarder is entitled to make customs clearance
dependent on issuance of a written power of attorney that
enables direct representation.
4.6 If the Freight Forwarder is assigned with the cross-border
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
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.
4.6.2 to advance payments required by customs.
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.
4.8 In the absence of a separate agreement in the order supplied
to the Freight Forwarder, the service does not include:
4.8.1 the supply or replacement of pallets or other Loading Means,
4.8.2 the loading and unloading of goods, unless otherwise indicated
by circumstances or common practice.
GERMAN FREIGHT FORWARDERS‘ STANDARD TERMS AND CONDITIONS 2017
4 www.dslv.org 4.8.3 a transhipment ban (section 486 HGB does not apply),
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.
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.
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.
5. Contact person, electronic communication and
documents
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 fulfilment 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.
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.
5.3 The Principal takes care of the required declarations to be
supplied by the Principal’s Shipper or Consignee during the
fulfilment 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.
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.
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.
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.
6. Packaging and labelling duties of the Principal
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.
6.2 Furthermore, the Principal is responsible for:
6.2.1 identifying all Packages belonging to the same shipment,
to ensure easy recognition,
6.2.2 ensuring that Packages, if required, cannot be accessed without
leaving external traces.
7. Securing cargo and supervisory duties of the
Freight Forwarder
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.
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.
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5 www.dslv.org
8. Receipt
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.
8.2 Previously loaded or sealed loading units, such as containers
or swap bodies and previously transmitted data, the accuracy
of the certificate of receipt regarding quantity and type of
loaded Packages is vitiated, if the Freight Forwarder notifies
the Principal on differences (in quantity) or damages, immediately
after unloading the loading unit.
8.3 The Freight Forwarder must request proof of Delivery from the
Consignee in 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.
8.4 As receipt for takeover or Delivery of the goods counts any
signed document which gives evidence for fulfilment of the
order, such as Delivery notes, forwarders certificate of receipt,
consignment note, sea way bill, consignment bill or a bill of
lading.
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.
9. Instructions
Upon conclusion of the contract, the Freight Forwarder must
follow all instructions regarding the cargo, unless carrying
out such instructions poses disadvantages to his business or
damages to consignments of other Principals or Consignees.
If the Freight Forwarder intends not to follow an instruction,
then the Freight Forwarder shall inform the instructor immediately.
10. Freight payment, cash on Delivery
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 his obligation to pay the
Freight Forwarder its remuneration and outlays, including
freights, customs charges and other expenses. Freight collect
instructions, for example according to section 422 HGB,
Article 21 CMR, remain unaffected.
11. Default of loading and Delivery times,
demurrage
11.1 In cases where the Principal must load or unload the Vehicle,
the Principal has the obligation to do so within the agreed,
otherwise within a reasonable loading and unloading time.
11.2 If, in case of carriage of goods by road, the parties agree on a
Time Frame or Point of Time or is such notified by the Freight
Forwarder without objection by the Principal, Shipper or Consignee,
the loading and unloading time – irrespective of the
number of shipments per Place of Loading and Discharge –
for full truck loads, but with the exception for bulk goods, for
Vehicles with 40 tons maximum permissible weight shall be
maximum 2 hours per loading and per unloading in general.
The times shall be reduced appropriately for Vehicles with a
lower maximum permissible weight in the individual case.
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.
11.4 In cases where the contractually agreed loading and unloading
time are not maintained due to reasons beyond the
Freight Forwarder’s scope of responsibility, the Principal must
pay the Freight Forwarder the agreed, otherwise commonly
accepted, demurrage fees.
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.
GERMAN FREIGHT FORWARDERS‘ STANDARD TERMS AND CONDITIONS 2017
6 www.dslv.org 12. Performance hindrances and force majeure
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 ask for
compensation according to section 415 (2) HGB.
12.2 Performance hindrances that do not fall within the scope of
responsibility of either contracting party, free said parties of
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-outs,
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.
13. Delivery
13.1 If, after arrival at the Place of Discharge, it becomes apparent
that the unloading cannot take place within the time of
unloading, the Freight Forwarder must immediately notify
the Principal and request for relevant instructions. Section
419 HGB applies accordingly.
13.2 If the Freight Forwarder cannot adhere to the agreed Time
of Performance or – in the absence of an agreement – to a
reasonable time for Delivery, the Freight Forwarder shall
request instructions from the Principal or the Consignee.
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, always assuming there are no obvious doubts
regarding the entitlement to receive the goods of the person
in question, may be delivered to:
13.3.1 at the residence: on an adult family member, a person
employed by the family or an adult resident permanently
sharing the accommodations,
13.3.2 at business premises: on a person employed there,
13.3.3 in institutions: on the head of the institution or a correspondingly
authorised attorney-in-fact.
13.4 In cases where the Freight Forwarder and Principal have
agreed on Delivery without the presentation to an actual person
(for example, night, garage or assembly line deliveries),
Delivery is deemed to have taken place on the actual physical
deposit of the goods at the agreed location.
13.5 The Delivery can only take place under supervision of the
Principal, Consignee or a third party authorised for reception.
Clauses 13.3 and 13.4 ADSp remain unaffected.
14. Information and restitution duties of the
Freight Forwarder
14.1 The Freight Forwarder is obliged to provide the Principal with
the required reports and, on demand, to provide information
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 Principal’s account.
14.2 The Freight Forwarder has the duty to give anything to the
Principal what he has received by carrying out and managing
the business.
15. Warehousing
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 an appropriate storage.
15.2 The Freight Forwarder decides in its sole discretion if warehousing
takes place in its own facilities or, if not otherwise
agreed, those of third parties. Whenever warehousing takes
place at third party warehouses, the Freight Forwarder must
supply timely information regarding its name and location
to the Principal or, whenever a warehouse warrant has been
issued, to make a note of the information on the same.
15.3 The Freight Forwarder takes care for the duly maintenance
and care of the warehouse and storage space, the drives on
the premises and for securing the goods, in particular theft
protection. Additional security measures, for example measures
exceeding the statutory fire protection laws, must be
expressly agreed.
15.4 Unless otherwise agreed:
15.4.1 takeover of the goods for warehousing begins with the
unloading of the goods from the Vehicle by the Freight
Forwarder and the Delivery ends with the completion of
the loading of the goods by the Freight Forwarder.
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15.4.2 inventory management is via the Freight Forwarder’s inventory
accounting,
15.4.3 there is one physical inventory inspection per year. On instruction
of the Principal, the Freight Forwarder shall conduct
further physical inventories against compensation.
15.5 With 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 as well as outer visible
damages according to section 438 HGB.
15.6 The Freight Forwarder shall conduct regular inspections with
appropriate personnel for securing the goods.
15.7 In case of stock shortfall and imminent changes at the goods,
the Freight Forwarder shall immediately inform the Principal
and ask for instructions. Section 471 (2) HGB remains unaffected.
15.8 Additional service and information obligations require an
explicit agreement.
16. Remuneration
16.1 The services according to the Freight Forwarding Contract are
compensated with the agreed remuneration, if this remuneration
includes the costs for transportation and warehousing.
Supplemental claims for costs 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 calculator.
Sections 412, 418, 419, 491, 492, 588 until 595 HGB
and comparable provisions of international conventions
remain unaffected.
17. Compensation claims and right of recourse
17.1 The Freight Forwarder is, if not caused by his fault, entitled
to ask for refund of expenses properly incurred, in particular
those relating to average contributions, detention or demurrage
charges, including additional packaging for protecting
the goods.
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 – but not obliged – to pay these costs
according to the circumstances he has properly assessed, and
to claim reimbursement from the Principal, unless otherwise
agreed.
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 acting as a person
authorised to dispose or as possessor of goods belonging to
third parties, unless the Freight Forwarder is responsible for
their accrual.
18. Invoices, foreign currencies
18.1 Remuneration claims of the Freight Forwarder require the
reception of an invoice or payment schedule in accordance to
statutory requirements. If not otherwise agreed, the maturity
is not dependent on presenting a delivery receipt in case of
an uncontested Delivery.
18.2 Regarding foreign Principals or Consignees, the Freight Forwarder
is entitled to ask whether to receive payment in the
relevant foreign currency or in Euro (EUR).
18.3 If the Freight Forwarder owes foreign currency or has
advanced foreign currency amounts, the Freight Forwarder
is entitled to ask for payment in either the relevant foreign
currency or in Euro (EUR). In case of Euro (EUR), currency
conversion is made according to the official exchange rate on
the day of payment, which shall be evidenced by the Freight
Forwarder.
18.4 Payment according to a credit memo procedure must be
expressly agreed. In case of doubt, all credit memos are to
be issued immediately, upon completion of services. Clause
18.1 first sentence ADSp is not applicable for credit memo
procedures.
19. Set-off, Retention
In the face of claims arising from the Freight Forwarding
Contract and associated non-contractual claims, set-off or
retention is only permitted when the claim is due, uncontested,
ready for decision or legally established.
20. Lien and retention rights
20.1 The Freight Forwarder is entitled to secure its demands arising
from freight forwarding services according to the legally
permitted regulations regarding lien and retention rights.
20.2 Lien rights can be exercised according to the legally established
provisions, providing:
20.2.1 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,
GERMAN FREIGHT FORWARDERS‘ STANDARD TERMS AND CONDITIONS 2017
8 www.dslv.org 20.2.2 the time limit of one month as specified in section 1234 BGB
is superseded by a time limit of one week.
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.
21. Insurance of goods
21.1 The Freight Forwarder arranges the insurance of the goods
(e.g. goods in transit or warehousing insurance) with an
insurer of its choice, when the Principal assigns the Freight
Forwarder to do so prior to handing over the goods.
21.2 The Freight Forwarder shall arrange insurance for the goods,
if this is in the interest of the Principal. The Freight Forwarder
can assume that insurance is in the interest of the Principal,
in particular when:
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,
21.2.2 the Principal has declared a value of the goods for the purpose
of insurance.
21.3 The assumption that insurance is in the interest of the Principal
according to clause 21.2 ADSp is discounted, in particular
when:
21.3.1 the Principal has prohibited the purchase,
21.3.2 the Principal is a Freight Forwarder, carrier or warehouse
keeper.
21.4 In case of purchasing insurance cover, the Freight Forwarder
shall observe instructions of the Principal, in particular 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 in its sole discretion and purchase
insurance cover at the usual market conditions.
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 cover, the Freight Forwarder will notify the Principal
immediately.
21.6 If the Freight Forwarder purchases an 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 carrying out insurance claims
or averages, the Freight Forwarder is entitled to a reasonable
remuneration according to local standards, otherwise, an
appropriate remuneration, in addition to the compensation
of its expenses, even in the absence of a prior agreement.
22. Liability of the Freight Forwarder, Subrogation
of claims of reimbursement
22.1 The Freight Forwarder is liable for damages according to the
statutory provisions. However, the following provisions shall
apply, in as much as they do not contradict mandatory regulations,
in particular the law of pre-formulated terms and
conditions.
22.2 In all cases, where the Freight Forwarder is fault-based liable
for losses or damages to the goods (“Güterschaden”) according
to clause 23.3 and 24, the Freight Forwarder must only
pay the value and reimburse the costs according to sections
429, 430, 432 HGB instead of damage compensation.
22.3 In case of inventory divergences, the Freight Forwarder is
entitled to balance the inventory with positive stock balance
differences and stock shortfall of the same Principal for value
evaluation in cases as set out in clause 24 ADSp.
22.5 If the Freight Forwarder has claims, for which the Freight
Forwarder is not liable for, 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.
23. Liability limitations
23.1 Except in case of damages during carriage of goods by sea
or ordered warehousing, the Freight Forwarder’s liability for
damages to goods is limited according to section 431 (1), (2)
and (4) HGB, to:
23.1.1 8.33 Special Drawing Rights (SDR) for every kg, whenever the
Freight Forwarder is:
– a carrier, as defined by section 407 HGB,
– acting as principal (“Spediteur im Selbsteintritt”), fixed costs
freight forwarder (Fixkostenspediteur) or consolidator
(“Sammelladungsspediteur”), according to sections 458 to
460 HGB or
– care, custody and control Freight Forwarder (“Obhutsspediteur”)
according to Section 461 (1) HGB.
23.1.2 2 instead of 8.33 SDR for every kg, whenever the Principal
has agreed to a Freight Forwarding Contract which is subject
to a variety of transport means and includes carriage of
goods by sea and an unknown damage place.
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In case of a known damage place, the liability according to
section 452a HGB is subject to the liability exclusion and
liability limitation of the ADSp.
23.1.3 Whenever Freight Forwarder’s liability according to clause
23.1.1 ADSp exceeds an amount of EUR 1.25 million per
Damage Case, this liability is furthermore limited to EUR 1.25
million per Damage Case, or to 2 SDR for every kg, whichever
amount is higher.
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-border
transportation is limited to the maximum statutory liability
amount. Clause 25 ADSp remains unaffected.
23.3 For all cases out of scope of clauses 23.1 and 23.2, such as
section 461 (2) HGB, 280 ff BGB, the liability of the Freight
Forwarder for damages to goods is limited according to
section 431 (1), (2) und (4) HGB to a maximum of:
23.3.1 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,
23.3.2 8.33 SDR per kg for all other Freight Forwarding Contracts.
23.3.3 Furthermore, the Freight Forwarder’s liability is limited to
the maximum amount of EUR 1.25 million for each case of
damage.
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 23.3.1 or 23.3.2 ADSp. Furthermore, the Freight
Forwarder’s liability is limited for each case of damage to
the maximum amount of EUR 125,000.
23.4.1 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.
23.4.2 Clause 23.4 ADSp is not applicable on statutory provisions,
such as Article 25 Montreal Convention (MC), Article 5 Règles
uniformes concernant le Contrat de transport international
ferroviaire des marchandises (CIM) or Article 20 Convention
de Budapest relative au contract de transport de marchandises
en navigation intérieure (CMNI), which extend Freight
Forwarder’s liability or permit to extend.
23.5 If Freight Forwarder’s liability according to Articles 23.1, 23.3
and 23.4 ADSp exceeds the amount of EUR 2.5 million per
Damage Event, then Freight Forwarder’s liability is, irrespective
of how many claims arise from a single Damage Event,
further limited to a maximum amount of EUR 2.5 million
per Damage Event or to 2 SDR per kg for lost or damaged
goods, whichever amount is the higher. When there is more
than one claimant, the Freight Forwarder’s liability shall be
proportionate to individual claims.
24. Liability limitations for ordered warehousing,
inventories and declaration of value
24.1 In the case of ordered warehousing, the liability of the
Freight Forwarder for damages to goods is limited to:
24.1.1 8.33 SDR for every kg corresponding to sections 431 (1), (2)
and (4) HGB,
24.1.2 a maximum of EUR 35,000 per Damage Case.
24.1.3 EUR 70,000 per year, in cases where the damage claimed
by the Principal bases, 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.
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.
24.3 In case of warehousing upon instruction, the Freight Forwarder’s
liability for other damages, excluding damages to
personal injury or goods of third parties, is limited to EUR
35,000 per case of damage.
24.4 In case of warehousing upon instruction, but excluding personal
injury or damages to goods of third parties, the Freight
Forwarder’s liability is always limited to EUR 2.5 million per
Damage Event, irrespective of how many claims arise from a
single Damage Event. When there is more than one claimant,
the Freight Forwarder’s liability shall be proportionate to
individual claims. Clause 24.2 ADSp remains unaffected.
25. Exclusion of liability for carriage of goods by
sea and inland waterway transportation
25.1 In accordance with section 512 (2) No. 1 HGB, it is agreed
that:
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’s company, insofar as the corresponding damage was
GERMAN FREIGHT FORWARDERS‘ STANDARD TERMS AND CONDITIONS 2017
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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.
25.2 According to Article 25 (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:
25.2.1 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 the act or omission results from an intention
to cause damage or from reckless conduct with the knowledge
that such damage would probably result,
25.2.2 fire or an explosion on board 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,
25.2.3 the 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.
25.3 Clause 22.4 ADSp remains unaffected.
26. Non-contractual liability
In accordance with sections 434, 436 HGB, the above
mentioned liability exclusions and limitations also apply to
non-contractual claims. Clause 23.4.1 ADSp applies accordingly.
27. Qualified fault
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:
27.1.1 intent or gross negligence of the Freight Forwarder or vicarious
agents or
27.1.2 infringement of Material Contractual Obligations, whereby
such claims are limited to predictable and typical damages.
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 gross negligent or intentional infringements of Material
Contractual Obligations only.
27.3 Sections 435, 507 HGB remain applicable within their scope
of application.
27.3 Clause 27.1 ADSp is not applicable on statutory provisions,
such as Article 25 MC, Article 36 CIM or Article 20, 21 CMNI,
which extend Freight Forwarder’s liability, allow extending or
expanding the imputation of fault of servants or third parties.
28. Liability insurance of the Freight Forwarder
28.1 The Freight Forwarder is obliged to purchase and maintain
liability insurance at the usual market conditions with an
insurer of his choice that, as a minimum, covers the ordinary
liability amounts of its freight forwarding liability according
to ADSp and statutory provisions. The agreement of maximum
insurance amounts per Damage Case, Damage Event and year
is permitted as well as the agreement of reasonable deductibles
for the Freight Forwarder.
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. In absence of such a presentation, the Principal
is entitled to terminate the Freight Forwarding Contract
extraordinarily.
28.3 The Freight Forwarder is only entitled to rely on the liability
limitations of the ADSp, when the Freight Forwarder provides
an appropriate insurance cover at the time of order.
29. Liability of the Principal
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.
29.2 The aforementioned liability limitation does not apply in case
of personal injuries, such as injury of life, body and health, if
the damage was caused by gross negligence or wilful intent
of the Principal or its vicarious agents, or infringement of
Material Contractual Obligations, whereas the latter is limited
to predictable and typical damages.
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30. Applicable law, place of fulfilment, place of
jurisdiction
30.1 The legal relationship between the Freight Forwarder and
Principal is governed by German law.
30.2 The place of fulfilment for all involved parties is the location
of the Freight Forwarder’s branch office dealing with the
order or the enquiry.
30.3 The place of jurisdiction for all disputes arising from the
Freight Forwarding Contract, an enquiry or in relation to it,
is and all involved parties the location of the Principal or
Freight Forwarder’s branch office dealing with the order or
enquiry, as far as all these parties are merchants. The aforementioned
place of jurisdiction shall be deemed as an additional
place of jurisdiction pursuant to Article 31 CMR and
Article 46 § 1 CIM, but not in case of Article 39 CMR, Article
33 MC, Article 28 Convention for the Unification of certain
rules relating to international carriage by air (WC).
31. Confidentiality
31.1 Contractual parties are obliged to maintain confidentiality
regarding all unpublished information received during the
execution of the Freight Forwarding Contract. This information
can only be used for the exclusive purpose of contract
fulfilment. The parties shall commit other legal persons with
an equivalent confidentiality obligation, if these legal persons
are deployed for contract fulfilment.
32. Compliance
32.1 The Freight Forwarder shall comply with minimum wage provisions
and minimum conditions for workplaces and confirms
the compliance in text form upon request of the Principal.
The Freight Forwarder indemnifies the Principal for its liability
for minimum wages, if the Freight Forwarder, its subcontractor
or hirer during the course of fulfilment of the Freight Forwarding
Contract, does not pay the minimum wages and the
Principal is demanded to pay.
32.2 The Freight Forwarder shall ensure in case of transportation
services, that himself or its executing subcontractor
32.2.1 possesses, within the scope of application of the Güterkraftverkehrsgesetz
(GüKG), a permission according to section 3
GüKG, an entitlement according to section 6 GüKG or a community
license or does not use such a permission, entitlement
or license unlawfully.
32.2.2 deploys, within the scope of application of the GüKG driving
personnel, which comply with the requirements of section 7b
(1) sentence 1 GüKG, if applicable,
32.2.3 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,
32.3 In case of transportation, the Freight Forwarder or its executing
subcontractor is obliged to organise the activities of
its driving personnel according to the compulsory working,
driving and recreation times. During the driving of Vehicles,
alcohol and drugs are generally prohibited.
32.4 Both contracting parties commit to carrying out their contractual
duties and to act according to the legal regulations
covering their business 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:
32.4.1 no child or forced labour,
32.4.2 comply with the relevant national laws and regulations
regarding working hours, wages, salaries and to comply with
any other obligations for employers,
32.4.3 comply with the current regulations on health and safety at
work, and to provide a safe and healthy workplace to ensure
the health of employees and to avoid accidents, injuries and
work-related illness,
32.4.4 omit all discrimination based on race, religion, disability, age,
sexual orientation or sex,
32.4.5 comply with international standards on corruption, such as
those published in UNGC and to adhere to local anti-corruption
and bribery laws,
32.4.6 adhere to all current environmental protection laws and
regulations,
32.4.7 engage its business partners and subcontractors according to
the aforementioned principles.

Date: May 15, 2017