1、 General terms and conditions for German forwarding agents 1. Interest of the principal and due care 2 2. Area of application 2 3. Instructions, transmission errors, contents, special type of goods 3 4. Packaging, provision of loading and packaging aids, weighing and checking 4 5. Customs clearance.
2、 4 6. Packaging and marking obligation of the principal 4 7. Supervisory duties of the freight forwarder . 5 8. Receipt . 5 9. Instructions . 6 10. Freight payment, cash on delivery 6 11. Deadlines 6 12. Obstacles 6 13. Delivery 7 14. Right to information 7 15. Warehousing 7 16. Offers and Payment 8
3、 17. Disbursements of the freight forwarder, exemption from third party claims 9 18. Invoices, foreign currencies 9 19. Settlement 9 20. Lien and retention. 9 21. Insurance of the goods . 10 22. Liability of the freight forwarder, cession of claims . 11 23. Limitations of liability. 11 24. Liability
4、 limitations in the case of warehousing upon instruction. 12 25. Burden of proof. 13 26. Non-contractual claims . 13 27. Specific responsibility . 13 28. Notification of a claim . 13 29. Freight forwarding insurance 14 30. Place of fulfilment, place of jurisdiction, applicable law 14 Preamble The te
5、rms and conditions are recommended for use, starting January 1st, 2003, by the Federal Association of German Industry, the Federal Association of German Wholesalers and Exporters, the Federal Association of German Freight Forwarders and Logistics Operators, the Association of German Chambers of Indu
6、stry and Commerce, and the German Association of Retailers. This recommendation is not obligatory. Contract parties can formulate different agreements. 1. Interest of the principal and due care The freight forwarder shall act in the interest of his principal and fulfil his duties with due care. 2. A
7、rea of application 2.1 The ADSp apply to all contracts for the transportation of goods, irrespective of whether they concern freight forwarding, carriage, warehousing or other services common to the forwarding trade; these also include logistical services commonly provided by freight forwarders in c
8、onnection with the carriage or storage of goods. 2.2 In the case of forwarding services regulated by sections 453 to 466 of the German Commercial Law (HGB), the freight forwarder is only responsible for arranging the necessary contracts required for the performance of these services, unless other le
9、gal provisions take precedence. 2.3 The ADSp are not applicable for contracts that deal exclusively with - packaging, the carriage of removal goods and their storage crane lifting, assembly jobs or heavy lift and high volume transports, except for normal transhipment services of the freight forwarde
10、r, the carriage and storage of goods to be towed or salvaged. 2.4 The ADSp are not applicable for transport contracts with consumers. Consumers are natural persons concluding the contract for reasons other than commercial or in pursuit of their professional activities. 2.5 If trade customs or legal
11、provisions differ from the ADSp, the ADSp take precedence unless these legal provisions are mandatory. For contracts of carriage by air, sea, inland waterways or for multi-modal transports different contractual arrangements may be made in accordance with the terms of carriage devised for these trans
12、ports. 2.6 The freight forwarder is authorised to agree to normal standard terms and conditions of third parties. 2.7 In the relationship between a principal freight forwarder and an intermediate freight forwarder, the ADSp are deemed to be the general terms and conditions of the intermediate freigh
13、t forwarder. 3. Instructions, transmission errors, contents, special type of goods 3.1 Forwarding instructions, other instructions, directives and communications are valid even if given informally. Subsequent modifications must be specifically identifiable as being amendments. The burden of proof fo
14、r the correct and complete transmission lies with the party referring to it. 3.2 If statements must be made in writing, they are deemed to having been made in writing when using electronic data communication or any other machine readable form for as long as the originator of the message is identifia
15、ble. 3.3 The principal must inform the freight forwarder, at the time of giving the instructions, that the transport contract concerns: dangerous goods live animals and plants perishables valuable goods and goods with an inherent risk of theft 3.4 The principal must specify in his instructions addre
16、sses, marks, numbers, quantity, nature and contents of the packages as well as declaring the properties of the goods, as required by section 3.3, the goods value for insurance purposes and any other information relevant for the proper execution of the forwarding instructions. 3.5 In the case of dang
17、erous goods, the principal must inform the freight forwarder in writing - at the time of giving the instructions - of the exact nature of the hazard and, if appropriate, about precautionary measures. In the case of dangerous goods subject to the law for the carriage of dangerous goods or other goods
18、, the carriage of which is subject to specific regulations regarding dangerous goods, their handling or their disposal, the principal has to make the necessary declarations required for the proper execution of the forwarding instruction, especially the classification in accordance with the regulatio
19、ns for dangerous goods. 3.6 The principal must inform the freight forwarder about particularly valuable goods or goods with an inherent risk of theft (e.g., cash, precious metals, jewellery, clocks and watches, precious stones, works of art, antiquities, bank or credit cards, valid telephone cards o
20、r other means of payment, bonds, shares and similar, foreign currencies, documents, spirits, tobacco, entertainment electronics, telecommunications devices and accessories) and goods with an actual value of 50 per kg or more well in advance to allow the freight forwarder to decide about acceptance o
21、f the goods and to take measures for a safe and secure execution of the forwarding job. 3.7 If a forwarding instruction does not comply with the terms stated in sections 3.3 to 3.6 the freight forwarder has the option to refuse acceptance of the goods return goods already accepted or to make them av
22、ailable for collection ship, transport or store them without the need to notify the principal and to charge an extra, appropriate fee, if the safe and secure execution of the instruction causes extra costs. 3.8 The freight forwarder is not obliged to check or supplement the statements made regarding
23、 sections 3.3 to 3.6. 3.9 The freight forwarder is not obliged to check the authenticity of signatures on any messages or documents relating to goods, nor to check the authority of the signatories, unless there exist reasonable doubts concerning the authenticity or authority. 4. Packaging, provision
24、 of loading and packaging aids, weighing and checking 4.1 Unless specifically stated, the forwarding instruction does not cover 4.1.1 the packaging of the goods, 4.1.2 the weighing, checking, measures to preserve or enhance the goods and its packaging, unless this is customary for this kind of trans
25、action, 4.1.3 the provision or exchange of pallets or other loading or packaging aids. If they are not swapped one-for-one, they are only picked up as part of a new forwarding instruction. This does not apply if the exchange is intentionally not carried out by the freight forwarder. 4.2 The services
26、 under section 4.1 are charged for separately. 5. Customs clearance 5.1 The instruction for shipment to a destination in another country includes instructions for customs clearance, if this is necessary for arranging the transport to the place of destination. 5.2 The freight forwarder is entitled to
27、 an extra fee for the customs clearance, over and above the actual costs incurred. 5.3 The instruction to forward bonded goods or to deliver them free house, authorises the freight forwarder to effect the customs clearance and to advance customs and excise duties and fees. 6. Packaging and marking o
28、bligation of the principal 6.1 The packages have to be clearly and durably marked by the principal to facilitate their proper handling, e.g. addresses, marks, numbers, symbols for handling and properties; old marks must be removed or made illegible. 6.2 In addition, the principal is under obligation
29、: 6.2.1 to mark all packages belonging to the same consignment in such a way that they are easily recognised as forming one consignment, 6.2.2 to prepare packages in such a way that they may not be accessed without leaving visible trace (adhesive tape, bands, etc. are only permissible when they are
30、individually designed or otherwise difficult to imitate; foil wrapping must be thermally sealed); 6.2.3 in case of a consignment being part of a forwarders consolidation, to group the individual packages or units of this consignment into larger units if their strap length (largest circumference plus
31、 longest side) is less than 1 metre; 6.2.4 to combine a consignment of hanging garments consisting of several individual units into wrapped units for easier handling; 6.2.5 to mark packing units with a gross weight of at least 1,000 kilograms with the weight specification as prescribed for heavy loa
32、ds to be transported by ship. 6.3 Packages are single packages or units of packages, formed by the principal for the purpose of being carried according to the forwarding instruction, e.g., boxes, wireboxes, pallets, handling units, enclosed loading units such as covered wagons, wagons with tarpaulin
33、 covers, semi-trailers, swap bodies, containers or igloos. 6.4 If the packages do not comply with the terms under 6.1 and 6.2, section 3.7 shall apply. 7. Supervisory duties of the freight forwarder 7.1 At specific interfaces the freight forwarder is under the obligation to: 7.1.1 check packages reg
34、arding their quantity, identity and apparent good order and whether seals and fastenings are intact; 7.1.2 document irregularities (e.g. in the accompanying document or by special notification) 7.2 An interface is any point at which the responsibility for the packages is passed on to another operato
35、r/agent or the handing over point at the end of each stage of the transportation process. 8. Receipt 8.1 Upon request by the principal, the freight forwarder shall issue a certificate of receipt. With this certificate the freight forwarder confirms the quantity and type of packages, but not their co
36、ntents, value or weight. In the case of bulk goods, full loads and such like the certificate of receipt does not state the gross weight or any other description of the quantity of the goods. 8.2 As proof of delivery the freight forwarder requests from the consignee a receipt of the packages as named
37、 in the forwarding instruction or other accompanying transport documents. Should the consignee refuse to sign for the receipt of the goods, the freight forwarder must request further instructions. If the goods have already been unloaded at the consignee, the freight forwarder is entitled to regain p
38、ossession. 9. Instructions 9.1 An instruction remains valid for the freight forwarder until revoked by the principal. 9.2 In the case of insufficient or impractical instructions the freight forwarder may use his professional judgement. 9.3 An instruction to hold goods at the disposal of a third part
39、y can no longer be revoked after instructions from the third party have been received by the freight forwarder. 10. Freight payment, cash on delivery 10.1 The statement by the principal that the instruction is to be executed freight unpaid or that the costs are to be paid by the consignee or a third
40、 party does not affect his liability for payment of all charges. 10.2 The statement in section 10.1 does not concern cash on delivery instructions. 11. Deadlines 11.1 In the absence of specific agreements, neither loading or delivery deadlines are guaranteed, nor the sequence of the handling of good
41、s of the same means of transport. 11.2 This does not affect the freight forwarders statutory liability with regard to missing deadlines. 12. Obstacles 12.1 Obstacles beyond the freight forwarders control relieve him, for their duration, from the duties that are affected by these obstacles. In the ca
42、se of such obstacles, the freight forwarder or the principal have the right to withdraw from the contract even if it has already been partially performed. If the freight forwarder or the principal withdraws from the contract, the freight forwarder is entitled to the costs which he deemed to be neces
43、sary to be incurred or which were incurred in the interest of the principal. 12.2 The freight forwarder is only obliged within the framework of his ordinary professional care to advise the principal about legal or official restrictions concerning the shipment (e.g., import/export restrictions). If,
44、however, the freight forwarder, through public statements or in the course of negotiations, created the impression that he has expert knowledge about specific circumstances, he has to act appropriately to this knowledge and expertise. 12.3 Governmental and/or official acts beyond the freight forward
45、ers control do not affect the rights of the freight forwarder towards his principal; the principal is liable towards the freight forwarder for all claims arising out of such acts. Claims of the freight forwarder against the state or third parties are not affected. 13. Delivery Delivery is deemed to
46、have been affected when the goods are handed over to any person present on the premises of the consignee, unless there are apparent reasonable doubts about their authority to receive goods on behalf of the consignee. 14. Right to information 14.1 The freight forwarder is obliged to provide the princ
47、ipal with all necessary information, to inform him, upon request, about the status of the transaction and to provide information about all transactions so far, however, he is only obliged to reveal the costs incurred if he acted in the name of the principal. 14.2 The freight forwarder is obliged to
48、pass everything he receives/obtains while acting for him to the principal. 15. Warehousing 15.1 The choice of warehousing location (own or third party) lies with the freight forwarder. In case of a third party warehouse the freight forwarder must notify the principal in writing and immediately of th
49、e warehouse company and its address, or, in case of a warehouse warrant, to mark these on the warrant. 15.2 The principal is at liberty to inspect the warehouse. Objections or complaints about the storage of the goods must be made immediately. If he does not exercise the right of inspection, he waves all rights to objections against the storage and warehousing, for as long as the choice and type of storage complies with the usual professional care of a freight forwarder. 15.3 Access to the warehouse is only granted to the principal during the normal working hours of the frei
