General Terms and Conditions
We operate exclusively in accordance with the Allgemeine Deutsche Spediteurbedingungen 2017 (ADSp 2017) (German Freight Forwarder´s General Terms and Conditions 2017).
Note: In Clause 23 the ADSp 2017 deviates from the statutory liability limitation in section 431 German Comercial Code (HGB) by limiting the liability for multimodal transportation with the involvement of sea carriage and an unknown damage location to 2 SDR7kg and, for the rest, the customary liability limitation of 8,33 SDR/kg additionally to EUR 1,25 million per damage claim and EUR 2,5 million per damage event, but not less than 2 SDR/kg
The parties agree subsidiary, that clause 27 ADSp does neither extend the liability nor the responsibility of the forwarder for agents, servants, employees or crewmembers beyond legal regulations as Art. 507 HGB, Art. 25 MC, Art. 36 CIM, Art 20, 21 CMNI for the benefit of the principal, the freight forwarder as a sea carrier is only liable for fault of his own part in case of risks provided in Art. 512 paragraph 2 no. 1 HGB such as default in navigation of the ship ore fire on board and the freiht forwarder as a carrier defined in CMNI is relieved of liability in compliance with the requirements provided in Art. 25 pragraph 2 CMNI such as default in navigation of the ship, fire on board or defects of vessel. § 27 ADSP DOES NOT APPLY TO TRANSPORTS WHICH ARE SUBJECT TO MONTREAL CONVENTION.
In extension the BSK regulations apply. Area of jurisdiction for both parts is Biberach (Germany).