General terms and conditions
These General German Freight Forwarding Conditions apply to: dinoexpress Logistik GmbH, hereinafter referred to as “Freight Forwarder” for short.
DINOEXPRESS LOGISTIK GMBH
phone: +49 9372 9209-003
1. validity of German ADSp 2016, priority of mandatory law
1.1 The ADSp 2016 shall apply to all contracts and services of the Freight Forwarder, unless the exceptions defined in sections 2.3 and 2.4 apply. 1.1 The ADSp 2016 shall apply to all contracts and services of the Freight Forwarder, unless the exceptions defined in sections 2.3 and 2.4 apply.
1.2 Only statutory provisions which may not be deviated from by way of pre-formulated contractual conditions shall take precedence over the ADSp 2016.
2.1 The ADSp 2016 shall apply to all transport contracts of the Freight Forwarder as contractor for all types of activities, irrespective of whether they concern forwarding, (sea) freight, warehousing or other transactions usually belonging to the forwarding business (e.g. customs clearance, tracking and tracing, transshipment).
2.2 The ADSp 2016 shall also apply to logistic services customary in freight forwarding if these are connected with the transport or storage of goods, in particular for activities such as the formation of loading units, commissioning, labeling and weighing of goods and returns handling.
2.3 The ADSp 2016 do not apply to transactions whose sole purpose is to
2.3.1 Packing work
2.3.2 the transport and storage of goods to be towed or salvaged
2.3.3 the transportation of removal goods
2.3.4 the storage of removal goods if the General Storage Conditions of German Furniture Transport (ALB) have been agreed for this,
2.3.5 Crane work, heavy or large-volume transports and related assembly work, if the General Terms and Conditions of the Federal Heavy Transport and Crane Work Group (AGB-BSK Kran und Transport) have been agreed for this.
2.4 The ADSp 2016 shall not apply to transport contracts with consumers within the meaning of Section 13 BGB.
3. placing of orders, information obligations, special types of goods
3.1 The Customer is obliged to inform the Freight Forwarder in due time before placing the order about all essential circumstances affecting the execution of the order.
3.1.1 This includes all data relevant to the performance of the service such as addresses, marks, numbers, number of packages or otherwise specified quantities, type, nature and properties of the goods (such as live animals and plants, perishability), gross weight (including packaging and loading equipment), delivery times and the value of the goods (e.g. for customs purposes or insurance of the goods in accordance with Clause 20). Translated with www.DeepL.com/Translator (free version)
3.1.2 In particular, the Customer shall draw the Freight Forwarder’s attention to the following
a) all obligations under public law, e.g. customs law, foreign trade law (in particular embargoes on goods, persons or countries) and security law,
b) in the case of maritime transport, all data required by maritime safety regulations (e.g. SOLAS),
c) industrial property rights existing vis-à-vis third parties, e.g. trademark and licensing restrictions associated with the possession of the goods as well as legal or official obstacles that prevent the execution of the order,
d) special technical requirements for the means of transport and special load securing equipment to be provided by the Freight Forwarder.
3.2 In case of dangerous goods, the Customer shall inform the Freight Forwarder in the order in text form of the quantity, the exact nature of the danger and – if necessary – the precautionary measures to be taken. In addition, the Customer shall notify the classification according to the relevant dangerous goods legislation and hand over the required documents at the latest when the goods are handed over.
Dangerous goods are goods that may pose an immediate danger to persons, vehicles and legal assets of third parties even in the course of normal transport, storage or other activities. Dangerous goods are in particular those goods that fall within the scope of relevant dangerous goods laws and regulations as well as hazardous materials, water or waste regulations.
3.3 In case of valuable goods or goods at risk of theft, the Customer shall inform the Freight Forwarder in the order in text form about the nature and value of the goods and the existing risk, so that the Freight Forwarder can decide on the acceptance of the order or take appropriate measures for a safe and damage-free handling of the order.
Valuable goods are goods with an actual value at the place and time of takeover of at least 50 euros/kg or 10,000 euros/package.
Theft-endangered goods are goods that are exposed to an increased risk of robbery and theft, such as money, precious metals, jewelry, watches, precious stones, art objects, antiques, check cards, credit cards or other means of payment, securities, foreign currencies, documents, spirits, tobacco products, consumer electronics, telecommunications equipment, IT equipment and accessories.
3.4 If an order placed with the Freight Forwarder does not comply with the requirements specified in the ADSp 2016, the Freight Forwarder shall be free to,
3.4.1 to refuse acceptance of the goods,
3.4.2 return goods already taken over or keep them ready for collection or
3.4.3 to execute the order without notifying the Customer and to demand additional, reasonable remuneration if safe and damage-free execution of the order is associated with increased costs.
3.5 The Freight Forwarder is not obliged to verify or supplement the information provided by the Customer.
3.6 The designations contained in the order, such as “trade fair goods” or indications such as “urgent”, do not obligate the Freight Forwarder to accelerate the execution of the order (e.g. as an express shipment) or to provide for preferential handling.
4. assumption of further performance obligations by the forwarder
4.1 In the absence of an express agreement, the order placed with the Freight Forwarder does not include
4.1.1 the packaging of the goods,
4.1.2 the weighing, examination, measures for the preservation or improvement of the goods and their packaging, unless this is customary in the business,
4.1.3 the provision and exchange of pallets or other loading and packing aids (pallets).
If the parties have reached a different agreement, the following shall apply in case of doubt:
a) Pallet and goods form an economic unit,
b) Pallets are to be returned to the unloading point train by train,
c) a pallet bill issued in case of non-exchange has only a receipt function, but does not establish any further obligations of the forwarder,
d) only serviceable pallets (medium type and quality in the sense of § 243 BGB) are to be exchanged, for Euro flat pallets this corresponds to at least quality level C (quality classification according to EPAL / GS 1 Germany, as of 2015),
e) in the event of non-exchange, collection will only take place if a new order is placed, unless the exchange is omitted at the instigation of the carrier,
4.1.4 the loading and unloading of the goods, unless circumstances or custom dictate otherwise
Drivers who assist in loading or unloading without a contractual agreement act exclusively on the instructions and under the supervision of the Client; they are vicarious agents of the Client and act at the Client’s risk, unless loading or unloading is carried out on their own authority,
4.1.5 Returns, transshipments, and concealed enclosures,
4.1.6 a ban on transhipment (§ 486 HGB does not apply),
4.1.7 the provision of a shipment tracking system.
4.2 If the Freight Forwarder arranges transactions in the interest of the Customer according to section 4.1 or if he provides these services, he shall be entitled to a remuneration customary in the locality, even without an agreement, otherwise an appropriate remuneration.
4a. Contact person, electronic communication and documents
4a.1 At the request of a Contracting Party, each Contracting Party shall designate one or more contact persons for the receipt of information, declarations and requests for the execution of the Contract and shall communicate names and contact addresses to the other Party. If a party does not designate a contact person, the person who concluded the contract for the party shall be deemed to be the contact person.
4a.2 In the absence of an express agreement, declarations by the warehouse and driving personnel require the approval of the forwarder in order to be effective.
4a.3 The Customer shall ensure that the shipper or consignee makes the declarations required at the loading or unloading point for the execution of the transport contract on behalf of the Customer and performs actual actions, such as handing over or taking over the goods.
Shipper is the person from whom the goods are to be collected according to the transport contract or on the basis of effective instructions.
4a.4 If the parties have agreed on the electronic exchange of data using electronic standards such as Edifact for the execution of orders, each party shall be entitled to create, transmit and exchange declarations and notifications by electronic means (electronic data exchange), provided that the transmitting party is identifiable. The transmitting party bears the risk for the loss and accuracy of the transmitted data. Electronic data interchange also includes electronic invoicing, insofar as this does not conflict with tax regulations.
4a.5 The parties shall ensure that their own IT system is operational, can process the supplied data accordingly and that the usual security and control measures are implemented to protect the electronic data exchange from access by third parties and to prevent the alteration, loss or destruction of electronically transmitted data. The transmitting party bears the risk for the loss, correctness and completeness of the transmitted data up to the agreed, otherwise usual interface. If a common interface is to be set up by the Freight Forwarder to connect both data systems, the Freight Forwarder shall be reimbursed by the Customer for the necessary expenses. Each party shall bear its own costs for setting up, operating and maintaining its own IT system and its own EDI/DFÜ connection. Each party is obliged to notify the other party in a timely manner of any changes to its IT system that may have an impact on the electronic data exchange.
4a.6 Documents created electronically or digitally, in particular proofs of delivery, 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 the statutory provisions.
5. customs clearance and other treatment of the goods required by law.
5.1 The Freight Forwarder is entitled to make customs clearance dependent on the granting of a written power of attorney enabling him to act as a direct representative.
5.2 The Customer shall provide the Freight Forwarder with all documents and other records and information (e.g. tariff classification) necessary for the proper customs or other legally required handling – including security checks e.g. for airfreight shipments – of the goods.
5.3 If the order given to the Freight Forwarder concerns the transport of a consignment to a destination abroad, the Freight Forwarder is entitled to customs, security or other legally prescribed treatment of the goods, if without it the transport to the destination is not feasible. He may here
5.3.1 act on behalf of the Client if authorized to do so.
5.3.2 Open packaging if this is required for the purpose of carrying out a legally prescribed inspection (e.g. forwarder as Regulated Agent) and then take all measures necessary for order processing, e.g. repackage the goods.
5.4 If the order placed with the Freight Forwarder concerns a consignment under customs supervision, the Freight Forwarder is entitled to perform the necessary customs formalities and to issue the customs duties, if without them the execution of the order, in particular the delivery to the consignee, is not feasible.
5.5 If the Freight Forwarder arranges the transactions described in sections 5.3 and 5.4 in the interest of the Customer or if he provides these services, he shall be entitled to a remuneration customary in the locality, even without an agreement, otherwise an appropriate remuneration.
6. Packaging and labeling obligations of the customer
6.1 The packages shall be clearly and durably marked by the principal with the marks necessary for their handling in accordance with the order, such as addresses, marks, numbers, symbols for handling and properties; old marks must be removed or made unrecognizable.
6.2 In addition, the client is obliged,
6.2.1 to mark packages belonging to one consignment as belonging together in an easily recognizable manner,
6.2.2 to prepare packages in such a way that access to the contents is not possible without leaving externally visible traces (adhesive tape, strapping or similar are only sufficient if they are individually designed or otherwise difficult to imitate; wrapping with foil only if it is firmly welded),
6.2.3 in the case of a consignment to be handled as groupage, which consists of several pieces or units with a girth (largest circumference plus longest edge) of less than 1m, to combine them into larger packages,
6.2.4 in the case of a consignment to be dispatched by hanging garment, which consists of several pieces, to combine them into handle units in closed envelopes,
6.2.5 to affix to packages of at least 1,000 kg gross weight the weight designation prescribed by the Law on Weight Designation on Heavy Cargoes Carried on Ships,
6.2.6 to pack valuable or theft-prone goods neutrally.
6.3 Packages are individual items or units formed by the Customer for the purpose of carrying out the order, e.g. boxes, pallet cages, pallets, handle units, closed loading units, such as covered wagons, trailers or swap bodies, containers, igloos, which the Freight Forwarder has to treat as a whole (package in the sense of §§ 409, 431, 504 HGB).
6.4 If the packages do not comply with the conditions specified in Sections 6.1 and 6.2, Section 3.4 shall apply accordingly.
7. Cargo securing and control obligations of the forwarder
7.1 If loading or unloading takes place at more than one point, the Freight Forwarder shall continuously ensure the securing of the load with regard to the goods already on or remaining on the vehicle.
7.2 The Freight Forwarder is obliged, after taking over the goods at interfaces
7.2.1 check the packages for completeness and identity as well as externally visible damage and integrity of seals and closures and
7.2.2 document irregularities (e.g. in the accompanying documents or by special notification).
7.3 Interface is any transfer of packages from one legal entity to another and from one liability regime to another.
8.1 The Freight Forwarder is obliged, upon request of the Customer, to acknowledge receipt of the goods – if necessary with reservation.
With the takeover receipt the carrier confirms only the number and type of packages, but not their content, value, weight or otherwise specified quantity.
8.1.1 In the case of preloaded or closed loading units such as containers or swap bodies and data provided in advance by the Principal (Clause 4a), the correctness of a take-over receipt concerning the number and type of packages loaded shall be deemed to be refuted if the Freight Forwarder immediately reports (quantity) differences and damage to the Principal after he has unloaded the loading unit. Translated with www.DeepL.com/Translator (free version)
8.1.2 In the case of bulk goods, wagonloads, containers or other preloaded loading units, the receipt shall, in case of doubt, not contain confirmation of the gross weight or otherwise stated quantity of the goods.
8.2 As proof of delivery, the Freight Forwarder shall request from the consignee a delivery receipt for the packages specified in the order or in other accompanying documents. If the consignee refuses to issue the delivery receipt, the forwarder shall request instructions. If the goods have already been unloaded at the consignee’s, the forwarder is entitled to take them back.
The Customer may demand the surrender of the delivery receipt only within six months after delivery of the goods.
8.3 If a bill of lading, sea waybill, consignment bill or bill of lading is used, it shall be deemed to be a receipt of acceptance or delivery. Clauses 8.1 and 8.2 apply accordingly.
8.4 The takeover or delivery receipt may also be issued electronically or digitally, unless the Customer requires the issuance of a bill of lading, sea waybill, consignment bill or bill of lading.
9.1 The Freight Forwarder is obliged to comply with any instruction given to him after the conclusion of the contract concerning the goods, unless the execution of the instruction threatens to cause disadvantages for the operation of his company or damage to the Customer or recipients of other consignments.
10. Freight transfer, cash on delivery
10.1 The Customer’s notification that the order is to be executed freight collect or that the order is to be executed for the account of the consignee or a third party, e.g. in accordance with the Incoterms, does not affect the Customer’s obligation towards the Freight Forwarder to pay the remuneration and other expenses (freight, customs duties and other charges).
10.2 The notification pursuant to Clause 10.1 shall not contain any follow-up instruction.
11. Non-compliance with loading and unloading times, stall fee
11.1 If the Customer has to load or unload the vehicle, it shall be obliged to comply with the agreed loading or unloading time, otherwise a reasonable loading or unloading time.
11.2 In the absence of an agreement, the loading or unloading time for road vehicles shall be 15 minutes per loading or unloading point, regardless of the number of shipments.
11.3 The loading or unloading time begins with the arrival of the road vehicle at the loading or unloading point (e.g. notification to the gatekeeper) and ends when the Client has fully complied with its obligations and it has released the departure of the road vehicle.
However, if the use of a time window management system has been agreed for the arrival of the road vehicle at the place of loading or unloading, the loading or unloading time shall not start before the time agreed for the provision.
11.4 If the loading or unloading time is exceeded due to contractual agreement or due to reasons beyond the Freight Forwarder’s control, the Customer shall pay the Freight Forwarder the agreed demurrage, otherwise an appropriate demurrage.
11.5 The above provisions shall apply accordingly,
11.5.1 if the Customer is obliged to make the goods available for loading or to accept them after unloading,
11.5.2 in case of interruptions of the transport, which are not within the scope of risk of the Freight Forwarder, with the proviso that, in deviation from section 11.2, in the absence of an agreement, a waiting time of 30 minutes shall be deemed agreed.
12. Impediments to performance, force majeure
12.1 If the Freight Forwarder is unable to take over the goods or is unable to take them over in time, he shall notify the Principal without delay and obtain appropriate instructions. § Section 419 HGB shall apply mutatis mutandis.
12.2 Impediments to performance which are not attributable to the sphere of risk of a contracting party shall release the contracting parties from their performance obligations for the duration of the disruption and the extent of its effect. § 412 para. 3 of the German Commercial Code (HGB) remains unaffected.
Such obstacles to performance are force majeure, riots, acts of war or terrorism, strikes and lockouts, official measures, blocking of transport routes and other unforeseeable, unavoidable and serious events.
In the event of an impediment to performance, each contracting party is obliged to inform the other party without delay.
13.1 If unloading is not started within the unloading time (section 11), the Freight Forwarder is entitled to consider this as an obstacle to delivery. In this case, the forwarder must notify the principal immediately and obtain appropriate instructions. § Section 419 HGB shall apply mutatis mutandis.
13.2 If the Recipient is not found in his home, business premises or in a common facility where the Recipient resides, the goods may be delivered
(a) in the home to an adult family member, a person employed by the family, or an adult permanent resident,
b) on business premises to a person employed there,
(c) in community facilities, the head of the facility or an authorized representative,
unless there are obvious doubts about their right to receive.
13.3 If the Freight Forwarder has made an agreement with the Principal or the Consignee according to which delivery is to take place without physical handover to the Consignee (e.g. overnight, garage or belt delivery), delivery shall take place when the goods are actually made available at the agreed location.
14. The forwarder’s duty to provide information and to surrender goods
14.1 The Freight Forwarder is obliged to give the Principal the necessary information, to provide information about the status of the transaction upon request and to render account after its execution; however, he is only obliged to disclose the costs if he acts on behalf of the Principal.
14.2 The Freight Forwarder is obliged to hand over to the Customer everything he receives for the execution of the transaction and everything he obtains from the management of the business.
15. Offers and remuneration
15.1 Offers made by the Freight Forwarder and agreements with him concerning prices and services always refer only to the named services, goods of normal size, weight and nature and an essentially unchanged volume of goods, orders or quantities.
They presuppose normal, unchanged transport conditions, unimpeded connecting routes, the possibility of immediate onward shipment, the continued validity of the previous freight rates, exchange rates and tariffs on which the agreement was based, unchanged data processing requirements, quality agreements and procedural instructions, as well as unchanged public charges, energy and personnel costs, unless the changes were foreseeable taking into account the circumstances at the time the agreement was concluded. Translated with www.DeepL.com/Translator (free version)
15.2 If a COD or other collection order is withdrawn after the start of transportation, or if the amount to be collected from the consignee is not received, the Freight Forwarder may still charge commission.
16. Expenses of the forwarder, claim for indemnification
16.1 The Freight Forwarder is entitled to reimbursement of expenses which he could reasonably consider necessary under the circumstances, in particular contributions to average procedures, detention or demurrage costs, repackaging for the protection of the goods.
16.2 If the Customer instructs the Freight Forwarder to take delivery of goods and, upon delivery to the Freight Forwarder, freight, COD, customs duties, taxes or other duties or charges are demanded, the Freight Forwarder is entitled, but not obliged, to interpret them – to the extent he could reasonably consider them necessary – and to claim reimbursement from the Customer.
16.3 The Customer shall, upon request, immediately indemnify the Freight Forwarder against expenses such as freight claims, contributions to average procedures, customs duties, taxes and other dues payable by the Freight Forwarder, in particular as the party entitled to dispose of or as the owner of third party goods, unless the Freight Forwarder is responsible for such expenses due to his negligent behaviour.
16.4 The Customer shall also indemnify the Freight Forwarder and its agents against all claims of third parties, if and to the extent that such claims are attributable to the Customer or its agents.
17. Invoices, foreign currencies
17.1 Invoices of the Freight Forwarder for due claims shall be settled immediately. The due date of the remuneration does not depend on the presentation of a proof of delivery.
17.2 The Freight Forwarder is entitled to demand payment from foreign principals or consignees in their national currency or in German currency at his discretion.
17.3 If the Freight Forwarder owes foreign currency or interprets foreign currency, he is entitled to demand payment either in the foreign or in German currency. If he demands German currency, the conversion shall be made at the rate officially fixed on the day of payment, unless it can be proved that a different rate is to be paid or has been paid.
17.4 Payment processing by credit note procedure shall be expressly agreed. Irrespective of this, credit notes are to be issued and paid immediately after the service has been rendered.
18. Set-off, retention
18.1 With respect to claims arising from the transport contract and related non-contractual claims, set-off or retention shall only be permitted if the counterclaim due is undisputed, ready for decision or has been finally determined by a court of law.
19. Right of lien and retention
19.1 In order to secure his claims arising from services under the Freight Forwarding Contract, the Freight Forwarder may invoke his statutory rights of lien and retention.
19.2 The pledge shall be realized in accordance with the statutory provisions with the proviso that
19.2.1 in the event of exercise of the carrier’s or shipper’s statutory lien, the threat of sale of the lien and the necessary notifications are to be addressed to the consignee,
19.2.2 the period of one month specified in Section 1234 of the German Civil Code shall be replaced by one week.
19.3 The Customer is entitled to prohibit the exercise of the lien if he grants the Freight Forwarder an equivalent means of security with regard to his claims (e.g. directly enforceable bank guarantee).
20. Insurance of the goods
20.1 The Freight Forwarder arranges for the insurance of the goods (e.g. transport or storage insurance) with an insurer of his choice, if the Customer instructs him to do so before handing over the goods.
If the Freight Forwarder is unable to provide insurance cover due to the nature of the goods to be insured or for any other reason, the Freight Forwarder shall inform the Customer thereof without delay.
20.2 The Freight Forwarder is entitled, but not obliged, to arrange insurance for the goods if this is in the interest of the Customer. The Freight Forwarder may presume that the taking out of insurance is in the interest of the Customer, in particular if
a) the forwarder has procured insurance in a previous transport contract,
b) the Customer has specified in the order a value of goods for insurance of the goods.
The presumption of interest in the coverage of an insurance policy does not exist, in particular, if
a) the client prohibits the covering in writing,
b) the Customer is a forwarding agent, carrier or warehouse keeper.
20.3 The Freight Forwarder shall decide on the type and scope of insurance at his own discretion and take out insurance at market rates, unless the Customer instructs the Freight Forwarder otherwise, specifying the insured sum and the risks to be covered, in writing.
20.4 If the Freight Forwarder arranges insurance, the collection of compensation on behalf of the Customer or if he undertakes other activities in connection with the handling of insurance claims and averages, the Freight Forwarder is entitled, even without prior agreement, to a local, otherwise reasonable remuneration in addition to the reimbursement of his out-of-pocket expenses.
21. Liability of the Freight Forwarder, Assignment of Claims for Compensation
21.1 The Freight Forwarder shall be liable for damage in accordance with the statutory provisions. However, the following provisions shall apply unless mandatory or GTC-specific legal provisions provide otherwise.
21.2 In all cases where the freight forwarder is liable for loss of or damage to goods (damage to goods) according to sections 22.3 and 23, he is obliged to pay compensation for value and costs in accordance with §§ 429, 430, 432 S. 1 HGB.
21.3 In the case of inventory discrepancies, the Freight Forwarder may balance the value of the stock in the event of simultaneous shortages and surpluses of the same Customer in order to determine the value compensation in the cases covered by Section 23.
21.4 Sections 425 to 439 of the German Commercial Code (HGB) shall always apply to a contract of carriage for carriage by various means of transport, including carriage by sea, irrespective of the leg of the journey on which damage occurs.
21.5 If the Freight Forwarder has claims against a third party for damage for which he is not liable, or if the Freight Forwarder has claims for damages against a third party exceeding his own liability, he has to cede these claims to the Principal upon his request, unless the Freight Forwarder, due to a special agreement, takes over the prosecution of the claims for account and risk of the Principal.
22. Limitation of liability
22.1 The Freight Forwarder’s liability for damage to goods pursuant to § 431 par. 1, 2 and 4 HGB is limited in amount as follows, with the exception of damage from pure sea transport and ordered storage:
22.1.1 to min. 8.33 and max. 40 special drawing rights for each kilogram, if the forwarder
a) Carrier within the meaning of § 407 HGB,
b) self-employed forwarder, fixed cost forwarder or consolidated forwarder in the sense of §§ 458 to 460 HGB or
c) custody forwarder within the meaning of § 461 para. 1 HGB
22.1.2 to 2 instead of 8.33 or 40 special drawing rights for each kilogram, if the Customer has concluded a contract of carriage with the Freight Forwarder for carriage by different means of transport including carriage by sea in accordance with section 21.4.
22.1.3 If the liability of the freight forwarder under section 22.1.1. an amount of 1 million euros per claim, its liability shall also be limited from each claim to a maximum of an amount of 1 million euros or 2 special drawing rights for each kilogram, whichever is higher.
22.2 The Freight Forwarder’s liability for damage to goods shall be limited, in the case of a contract of carriage for carriage by sea only and in the case of cross-border carriage, to the maximum amount of liability laid down by law for such carriage.
22.3 In cases not covered by sections 22.1 and 22.2 (such as § 461 Abs. 2 HGB, §§ 280 ff BGB) the liability of the freight forwarder for damage to goods is limited according to § 431 Abs. 1, 2 and 4 HGB limited in amount
22.3.1 in the case of a contract of carriage for carriage by sea only or carriage by different means of transport including carriage by sea, to 2 special drawing rights for each kilogram,
22.3.2 for all other transport contracts, to 40 special drawing rights for each kilogram.
22.3.3 Furthermore, the liability of the Freight Forwarder arising from any damage event shall be limited to a maximum amount of 1 million Euros.
22.4 The liability of the freight forwarder for damage other than to goods, excepting damage in case of warehousing upon instruction, personal injury and damage to goods that are not subject of the contract of transportation, is limited to three times the amount payable for the loss of the goods according to section 22.3.1 or 22.3.2.
22.4.1 Furthermore, the liability of the Freight Forwarder arising from any damage event shall be limited to a maximum amount of 100,000 Euros.
22.4.2 Sections 413 para. 2, 418 para. 6, 422 para. 3, 431 para. 3, 433, 466, 487 para. 2, 491 para. 5, 520 para. 2, 521 para. 4, 523 HGB (German Commercial Code) as well as corresponding liability provisions in international conventions, which may not be deviated from by way of pre-formulated contractual conditions, shall remain unaffected.
22.5 If the liability of the Freight Forwarder arising from sections 22.1, 22.3 and 22.4 exceeds an amount of 2 million Euros per Damage Event, its liability, irrespective of the number of claims arising from one Damage Event, is further limited to a maximum of 2 million Euros per Damage Event or 2 Special Drawing Rights for each kilogram of lost and damaged goods, whichever is the greater; in the case of more than one claimant the Freight Forwarder’s liability shall be proportionate to their claims.
23. Limitation of liability for ordered storage, inventories and declaration of value
23.1 The liability of the freight forwarder for damage to goods in the case of warehousing upon instruction is limited to the following amounts
23.1.1 according to § 431 par. 1, 2 and 4 HGB to 8.33 special drawing rights for each kilogram,
23.1.2 a maximum of 25,000 euros per claim.
23.1.3 If the damage suffered by a Customer consists of a difference between the target and actual stock levels, the Freight Forwarder’s liability shall be limited, notwithstanding section 23.1.2, to 50,000 Euros per year, irrespective of the number and type of stocktaking carried out and of the number of damage events causing the inventory difference.
23.2 The Customer may, against payment of a surcharge to be agreed upon, specify in text form prior to storage a value for increasing the liability which exceeds the maximum amounts determined in Clause 23.1. In this case, the value indicated in each case shall take the place of the maximum amount in question.
23.3 The liability of the freight forwarder for damage other than to goods, excepting personal injury and damage to goods that are not subject of the contract of transportation, is limited to 25,000 Euros per event.
23.4 The liability of the freight forwarder – with the exception of personal injury and damage to goods that are not subject of the contract of transportation – is in any case, irrespective of the number of claims arising out of one event, limited to 2 million Euros per event in case of warehousing upon instruction; in case of more than one claimant the freight forwarder’s liability is proportionate to their claims. Clause 23.2 remains unaffected.
24. Exclusion of liability for sea and inland waterway transports
24.1 According to § 512 para. 2 No. 1 HGB it is agreed that the forwarder in his position as carrier is not responsible for a fault of his men and the ship’s crew if the damage was caused by conduct in the management or other operation of the ship, but not in the performance of measures taken predominantly in the interest of the cargo, or by fire or explosion on board a ship.
24.2 According to Art 25 par. 2 CMNI it is agreed that the forwarder in his position as carrier or performing carrier shall not be liable for damage caused to
24.2.1 caused by an act or omission of the master of the vessel, pilot or other persons in the service of the vessel or of a push or tow boat in the nautical management or in the formation or breaking up of a push or tow convoy, provided that the Freight Forwarder has fulfilled his obligations under Art. 3 par. 3 CMNI is satisfied 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,
24.2.2 caused by fire or explosion on board the ship without it being proved that the fire or explosion was caused by the fault of the freight forwarder, the actual carrier or their servants or agents or by a defect in the ship,
24.2.3 are due to defects of his or a rented or chartered vessel existing before the start of the voyage, if he proves that the defects could not have been discovered before the start of the voyage despite exercising due care.
25. Non-contractual claims
25.1 The above exclusions and limitations of liability shall also apply to non-contractual claims in accordance with Sections 434, 436 HGB.
Sec. 413 para. 2, 418 para. 6, 422 para. 3, 431 para. 3, 433, 466, 487 para. 2, 491 para. 5, 520 para. 2, 521 para. 4, 523 HGB (German Commercial Code) as well as corresponding liability provisions in international conventions, which may not be deviated from by way of pre-formulated contractual conditions, shall remain unaffected.
26. Qualified fault
26.1 The exclusions and limitations of liability set out in Clauses 21.2, 21.3, 22.3 and 22.4 in conjunction with 22.5, as well as 23 shall not apply if the damage was caused by
26.1.1 by intent or gross negligence of the freight forwarder or his management staff or
26.1.2 by breach of material contractual obligations, whereby claims for compensation in the latter case shall be limited to the foreseeable, typical damage.
Material contractual obligations are obligations the fulfillment of which is a prerequisite for the proper performance of the transportation contract and compliance with which the contractual partner may regularly rely on.
26.1.3 Notwithstanding Section 26.1.2, the limitations of liability in Sections 23.1 and 23.2 shall only apply in the event of a grossly negligent or intentional breach of material contractual obligations.
26.2 Section 435 of the German Commercial Code (HGB) remains applicable in the cases covered by section 22.1 in conjunction with 22.5 and section 507 of the German Commercial Code (HGB) in the case of a transport contract for carriage by sea only in the cases covered by section 22.2.
26.3 Section 26.1 does not apply to legal provisions such as Art. 25 MÜ, Art. 36 CIM or Art. 21 CMNI, which extend the liability of the Freight Forwarder or the attribution of fault to persons or other third parties.
27. Liability insurance of the forwarder
Liability Insurance of the Freight Forwarder27.1 The Freight Forwarder is obliged to take out and maintain a liability insurance with an insurer of his choice, covering his transport contractual liability according to the ADSp and the law at least to the extent of the standard liability sums.
27.2 The agreement of a maximum compensation per claim, event and year is permissible; likewise the agreement of an appropriate deductible of the Freight Forwarder.
27.3 Upon request, the Freight Forwarder shall provide the Principal with evidence of the existence of a valid liability insurance cover. The presentation of an insurance confirmation is sufficient for this purpose. If he does not provide this proof within a reasonable period of time and does not have valid insurance cover, the Freight Forwarder may not invoke the liability provisions of the ADSp against the Customer.
28. Secrecy, Compliance
28.1 The parties shall be obliged to treat as confidential all information of which they become aware during the performance of the transportation contract and which is marked as confidential. The information may only be used for the purpose of providing the service. This does not include information which is publicly accessible or which, when viewed objectively, does not require protection for the other party to the contract.
28.2 In performing their contractual obligations, both parties undertake to comply with the legal requirements applicable to their business and support and respect the principles of the Global Compact (“UNGC”), the United Nations Universal Declaration of Human Rights and the International Labor Organization’s 1998 Declaration on Fundamental Principles and Rights at Work (“Declaration”) in accordance with national laws and practices. In particular, both parties in their companies will
(a) not employ children or use forced labor,
b) comply with the respective national laws and regulations on working hours, wages and salaries, in particular on payment of the statutory minimum wage, and other employer obligations,
c) comply with applicable occupational health and safety regulations and provide a safe and health-promoting work environment to maintain the health of employees and prevent accidents, injuries and work-related illnesses,
d) refrain from any discrimination based on race, religion, disability, age, sexual orientation or gender,
(e) comply with international anti-corruption standards as set forth in the UNGC and local anti-corruption and bribery laws,
(f) comply with all applicable environmental laws and regulations.
29. Place of performance, place of jurisdiction, applicable law
29.1 The legal relationship between the Freight Forwarder and the Customer shall be governed by German law.
29.1 The legal relationship between the Freight Forwarder and the Customer shall be governed by German law.
29.3 The place of jurisdiction for all legal disputes arising from the contract of carriage, its attempted initiation or in connection therewith, for all parties involved, insofar as they are merchants, is the district court Obernburg a. M./branch Miltenberg a. M.; for claims against the freight forwarder, this place of jurisdiction is exclusive. The above exclusive jurisdiction provision shall apply as an additional jurisdiction provision in the case of Art. 31 CMR and 46 § 1 CIM, but not in the case of Art. 39 CMR, 33 MÜ, 28 WA.
29.4 Amendments or supplements to these Terms and Conditions must be made in writing. If they do not satisfy this, they are null and void. This shall also apply to amendments to this written form clause.
29.5 Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these Terms and Conditions. In such a case, the Freight Forwarder and the Customer shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall also apply to the closure of contractual loopholes.
DINOEXPRESS LOGISTIK GMBH • (c) Copyright 2021