As of: October 18, 2014

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1. Duty to protect interests and exercise due diligence

The freight forwarder must look out for the interests of the client and carry out his activities with the care of a prudent businessman.

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2. Scope

2.1 The General Terms and Conditions (GTC) of Logisticoo GmbH (hereinafter: freight forwarder) and the General German Freight Forwarder Terms and Conditions (ADSp) apply to transport contracts for all types of activities, regardless of whether they involve forwarding, freight, warehousing or other transactions that are usually part of the forwarding industry regarding. This also includes standard freight forwarding logistical services if these are related to the transport or storage of goods.

2.2 In the case of forwarding contractual activities within the meaning of Sections 453 to 466 of the German Commercial Code (HGB), the forwarding agent only owes the conclusion of the contracts required to provide these services, unless mandatory legal provisions or legal provisions stipulating general terms and conditions provide otherwise.

2.3 The ADSp do not apply to transactions whose sole purpose is

• packaging work,

• the transport of moving goods or their storage,

• Crane or assembly work as well as heavy or large-capacity transport with the exception of the freight forwarder's handling activities,

• the transport and storage of goods to be towed or recovered.

2.4 The ADSp do not apply to transport contracts with consumers. Consumer is a natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity.

2.5 If commercial customs or legal regulations deviate from the ADSp, the ADSp takes precedence unless the legal regulations are mandatory or the general terms and conditions are fixed. In the case of transport contracts for air, sea, inland waterway or multimodal transport, different agreements can be made in accordance with the special conditions of carriage that may be established for this purpose

2.6 The freight forwarder is authorized to agree on the usual terms and conditions of third parties.

2.7 In the relationship between the primary and intermediate freight forwarder, the ADSp apply as the general terms and conditions of the intermediate freight forwarder.

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3. Order, transmission errors, content, special types of goods

3.1 Orders, instructions, declarations and notifications are valid informally. Subsequent changes must be clearly identified as such. The burden of proof for the content and correct and complete transmission lies with whoever relies on it.

3.2 If the written form is required for declarations, remote data transmission and any other readable form are equivalent to this, provided that the exhibitor can be identified.

3.3 When placing the order, the client must inform the freight forwarder that the subject of the transport contract is:

• Dangerous goods

• Living animals and plants

• Perishable goods

• Particularly valuable goods that are at risk of theft

3.4 In the order, the client must indicate addresses, symbols, numbers, number, type and contents of the packages, properties of the goods within the meaning of Section 3.3, the value of the goods for insuring the goods and all other circumstances that are clearly relevant to the proper execution of the order.

3.5 In the case of dangerous goods, the client must inform the freight forwarder in writing of the exact nature of the danger and - if necessary - the precautionary measures to be taken when placing the order. If it is dangerous goods within the meaning of the law on the transport of dangerous goods or other goods for whose transport or storage there are special dangerous goods, handling or waste regulations, the client has all the information necessary for the proper execution of the order, in particular the classification according to the relevant dangerous goods law.

3.6 The client must contact the freight forwarder for particularly valuable goods or goods at risk of theft (e.g. money, precious metals, jewelry, watches, precious stones, works of art, antiques, check cards, credit cards, valid telephone cards or other means of payment, securities, valuables, documents, spirits, tobacco products, entertainment electronics). , telecommunications equipment, IT equipment and accessories) as well as for goods with an actual value of 50 euros/kg and more, to be informed in writing in good time before acceptance by the freight forwarder that the freight forwarder has the opportunity to decide whether to accept the goods and To take measures to ensure the safe and damage-free processing of the order.

3.7 If an order placed with the freight forwarder does not correspond to the conditions stated in sections 3.3 - 3.6, the freight forwarder is free to

• to refuse to accept the goods,

• to return goods that have already been taken over or to have them available for collection

• to ship, transport or store this without notifying the client and to demand additional, appropriate remuneration if safe and damage-free execution of the order is associated with increased costs.

3.8 The freight forwarder is not obliged to check or supplement the information provided in accordance with paragraphs 3.3 to 3.6

3.9 The freight forwarder is not obliged to check the authenticity of the signatures on any notices or other documents relating to the goods or the authority of the signatories, unless there are reasonable doubts about the authenticity or authority.

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4. Packaging, provision of loading aids and packaging materials, weighing and examination of the goods

4.1 The order given to the freight forwarder does not include due to a lack of agreement

4.1.1 the packaging of the goods,

4.1.2 the weighing, examination, measures to preserve or improve the goods and their packaging, unless this is customary in business,

4.1.3 the provision and exchange of pallets or other loading aids and packaging materials. If these are not exchanged step by step, collection will only take place if a new order is placed. This does not apply if the exchange is not carried out at the request of the freight forwarder.

4.2 The activities in accordance with Section 4.1 must be remunerated separately.

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5. Customs clearance

5.1 The order for shipment to a destination abroad includes the order for customs clearance if transport to the destination cannot be carried out without this.

5.2 In addition to the actual costs incurred, the freight forwarder may charge a special fee for customs clearance.

5.3 The order to deliver incoming shipments under bond or to deliver them free of charge includes the authorization for the freight forwarder to decide on the completion of the necessary customs formalities and the interpretation of the duties set by the customs authorities.

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6. Packaging and labeling obligations of the client

6.1 The client must clearly and permanently mark the packages with the markings necessary for their handling in accordance with the order, such as addresses, signs, numbers, symbols for handling and properties; Old license plates must be removed or obscured.

6.2 In addition, the client is obliged to

6.2.1 to easily identify packages belonging to a shipment as belonging together;

6.2.2 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 welded is);

6.2.3 in the case of a shipment to be handled in freight forwarding groupage that consists of several pieces or units with a girth (largest circumference plus longest edge) of less than 1 m, to combine these into larger packages;

6.2.4 in the case of a shipment to be dispatched via hanging shipment that consists of several pieces, these must be combined into handle units in closed envelopes;

6.2.5 to affix the weight designation prescribed by the law on weight designation to heavy cargo items transported on ships to packages with a gross weight of at least 1,000 kg.

6.3 Packages are individual items or units formed by the client to process the order, e.g. boxes, mesh boxes, pallets, handle units, closed loading containers, such as covered wagons or wagons with tarpaulins, semi-trailers or swap bodies, containers, igloos.

6.4 If the packages do not meet the conditions stated in Sections 6.1 and 6.2, Section 3.7 applies accordingly.

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7. Inspection obligations of the freight forwarder

7.1 The freight forwarder is obliged to interface

7.1.1 to check the packages for completeness and identity as well as for externally visible damage and integrity of seals and closures and

7.1.2 Document irregularities (e.g. in the accompanying documents or through special notification).

7.2 Interface is any transfer of packages from one legal entity to another as well as delivery at the end of each transport route.

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8. Receipt

8.1 At the request of the client, the freight forwarder will issue a receipt. In the receipt, the freight forwarder only confirms the number and type of packages, but not their contents, value or weight. In the case of bulk goods, truckloads and the like, the receipt does not contain any confirmation of the gross weight or the otherwise stated quantity of the goods.

8.2 As proof of delivery, the freight forwarder must request a receipt from the recipient for the packages specified in the order or in other accompanying documents. If the recipient refuses to issue the receipt, the freight forwarder must obtain instructions. If the goods have already been unloaded at the recipient, the freight forwarder is entitled to take them back.

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9. Instructions

9.1 An instruction given regarding the goods remains binding for the freight forwarder until revoked by the client.

9.2 In the absence of sufficient or executable instructions, the freight forwarder may act at his own discretion.

9.3 An order to keep the goods at the disposal of a third party can no longer be revoked once the third party's disposal has been received by the freight forwarder.

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10. Freight transfer, cash on delivery

10.1 The client's notification that the order is to be dispatched carriage forward or that the order is to be carried out for the account of the recipient or a third party does not affect the client's obligation to the freight forwarder to bear the remuneration and other expenses.

10.2 The notification according to section 10.1 does not contain any cash on delivery instructions.

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11. Deadlines

11.1 In the absence of an agreement, loading and delivery times are not guaranteed, nor is a specific sequence in the handling of goods of the same type of transport.

11.2 The freight forwarder's legal liability for exceeding the delivery deadline remains unaffected.

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12. Obstacles

12.1 Impediments to performance that are not attributable to the freight forwarder's area of risk release him from the obligations for the duration of their duration, the fulfillment of which has become impossible. In the event of exemption according to sentence 1, the freight forwarder and the client are entitled to withdraw from the contract, even if the order has already been partially carried out. If the freight forwarder or client withdraws, the freight forwarder must be reimbursed for the costs that he considered necessary or that are of interest to the client.

12.2 The freight forwarder only has to check as part of his duty of care and point out to the client whether there are any legal or official obstacles to the shipment (e.g. import and export restrictions). However, if the freight forwarder has given the impression through public announcements or in contract negotiations that he has special knowledge of certain types of transactions, he must fulfill the above verification and information obligations accordingly.

12.3 Public law acts for which the freight forwarder is not responsible do not affect the freight forwarder's rights towards the client; the client is liable to the freight forwarder for all consequences arising from such events. This does not affect any claims the freight forwarder may have against the state or any other third party.

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13. Delivery

Delivery is made with discharging effect to every person present in the recipient's business or household, unless there are reasonable doubts about their authorization to receive.

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14. The freight forwarder's obligation to provide information and release

14.1 The freight forwarder is obliged to provide the client with the necessary information, to provide information on the status of the transaction upon request and to give an account after its execution; However, he is only obliged to disclose the costs if he is working on behalf of the client.

14.2 The freight forwarder is obliged to give the client everything that he receives for the execution of the transaction and that he obtains from the management.

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15. Storage

15.1 Storage takes place at the freight forwarder's discretion in his own or third-party storage rooms. If the freight forwarder stores with a third-party warehouse keeper, he must immediately inform the client in writing of the name and storage location or, if a warehouse receipt has been issued, note it on it.

15.2 The client is free to inspect the storage rooms or have them inspected. He must immediately raise any objections or complaints about the storage of the goods or the choice of storage space. If he does not make use of the right of inspection, he renounces all objections to the manner of storage, provided that the choice of storage space and the storage were carried out with the care of a proper freight forwarder.

15.3 The client is only permitted to enter the warehouse when accompanied by the freight forwarder during his business hours.

15.4 If the client carries out actions with the goods (e.g. taking samples), the freight forwarder can request that the number, weight and quality of the goods be determined together with the client. If the client does not comply with this request, the freight forwarder's liability for damage discovered later is excluded, unless the damage cannot be attributed to the actions taken with the goods.

15.5 The client is liable for all damage that he, his employees or agents cause to the freight forwarder, other depositors or other third parties when entering the warehouse or when entering or driving on the warehouse property, unless the client, his employees or agents are not at fault meets.

15.6 In the event of inventory differences, the freight forwarder can offset the value of the inventory in the event of simultaneous shortages and excess stocks from the same client.

15.7 If the freight forwarder has reasonable doubts as to whether his claims are secured by the value of the goods, he is entitled to set the client a reasonable period of time in which the client can either ensure that the freight forwarder's claims are secured or that the goods are stored elsewhere . If the client does not comply with this request, the freight forwarder is entitled to terminate the contract without notice.

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16. Offers and Compensation

16.1 Offers from the freight forwarder and agreements with him on prices and services always refer only to his own services or services of third parties listed by name and only to goods of normal size, weight and quality; They presuppose normal, unchanged transport conditions, unhindered connection routes, the possibility of immediate forwarding and the continued validity of the previous freight rates, currency ratios and tariffs on which the agreement was based, unless the changes were foreseeable taking into account the circumstances. A note such as “plus the usual additional charges” entitles the freight forwarder to charge additional special fees and expenses.

16.2 All offers from the freight forwarder are only valid if accepted immediately for the immediate execution of the order in question, unless the offer states otherwise, and only if reference is made to the offer when the order is placed.

16.3 If an order is terminated or withdrawn, the freight forwarder is entitled to claims in accordance with Sections 415 and 417 of the German Commercial Code (HGB).

16.4 If a cash on delivery or other collection order is subsequently withdrawn or the amount is not received, the freight forwarder can still charge commission.

16.5 If the recipient refuses to accept a shipment that has been rolled up to him or if delivery is not possible for reasons for which the freight forwarder is not responsible, the freight forwarder is entitled to the same amount of cartage for the return transport as for the outward transport.

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17. Freight forwarder's expenses, claim for exemption

17.1 The freight forwarder is entitled to reimbursement of expenses that he considers necessary under the circumstances.

17.2 The order to receive incoming goods authorizes the freight forwarder, but does not oblige him, to declare freight, cash on delivery, customs duties, taxes and other charges as well as expenses resting on the goods.

17.3 The client must immediately release the freight forwarder upon request from freight claims, average margins or contributions, customs duties, taxes and other charges that are imposed on the freight forwarder, in particular as the person entitled to dispose of or as the owner of third-party goods, if the freight forwarder is not responsible for them has. The freight forwarder is entitled, at his due discretion, to take appropriate measures to secure or release him. Unless immediate action is necessary, the freight forwarder must obtain instructions.

17.4 The client must, in a customary manner, inform the freight forwarder in a timely manner of all existing obligations under public law, e.g. customs law or third parties, e.g. trademark law, which are associated with the possession of the goods, unless this can be assumed based on the freight forwarder's offer is that he is aware of these obligations.

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18. Invoices, foreign currencies

18.1 Invoices from the freight forwarder must be paid immediately.

18.2 The freight forwarder is entitled to demand payment from foreign clients or recipients in their local currency or in German currency, at his discretion.

18.3 If the freight forwarder owes foreign currency or issues foreign currency, he is entitled to demand payment either in the foreign currency or in German currency. If he requests German currency, the conversion will take place at the rate officially set on the day of payment, unless it can be proven that a different rate is to be paid or has been paid.

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19. Offsetting, retention

Against claims arising from the transport contract and related non-contractual claims, offsetting or retention is only permitted with due counterclaims that are not opposed by an objection.

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20. Lien and right of retention

20.1 The freight forwarder has a lien and a right of retention on the goods or other values in his control for all due and non-due claims to which he is entitled to the client from the activities mentioned in section 2.1. The right of lien and retention does not go beyond the statutory right of lien and retention.

20.2 The freight forwarder may only exercise a right of lien or retention due to claims arising from other transport contracts concluded with the client if they are undisputed or if the debtor's financial situation endangers the freight forwarder's claim.

20.3 The period of one month specified in Section 1234 of the German Civil Code (BGB) is replaced in all cases by a period of two weeks.

20.4 If the client is in default, the freight forwarder, after threatening to sell the goods and values in his possession, can freely sell such a quantity as is necessary for satisfaction at his dutiful discretion.

20.5 For pledge or self-help sales, the freight forwarder can in all cases charge a sales commission from the net proceeds at the usual local rates.

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21. Insurance of the goods

21.1 The freight forwarder will insure the goods (e.g. transport or storage insurance) with an insurer of his choice if the client commissions him before handing over the goods. If the freight forwarder is unable to provide insurance cover due to the type of goods to be insured or for another reason, The freight forwarder must inform the client of this immediately.

21.2 The freight forwarder is entitled, but not obliged, to insure the goods if this is in the interests of the client. The freight forwarder may assume that taking out insurance is in the client's interest, especially if

• the freight forwarder has taken out insurance for a previous transport contract,

• the client has stated a value of the goods in the order (section 3.4). The presumption of interest in insurance coverage

in particular does not exist if

• the client prohibits the coverage in writing,

• the client is a freight forwarder, freight forwarder or warehouse keeper.

 

21.3 The freight forwarder must decide at its best discretion on the type and extent of the insurance and take it out at standard market conditions, unless the client gives the freight forwarder other instructions in writing, stating the sum insured and the risks to be covered.

21.4 If the freight forwarder is the policy holder and has acted on behalf of the client, the freight forwarder is obliged to provide an invoice upon request in accordance with Section 14.1. In this case, the freight forwarder must collect the premium for each individual transport contract on a per-order basis, document it and pay the full amount to the insurer exclusively for this insurance cover.

21.5 The freight forwarder is entitled to special remuneration in addition to reimbursement of his expenses for the provision of insurance, collection of the compensation amount and other activities in the settlement of insurance claims and accidents.

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22. Liability of the freight forwarder, assignment of claims for compensation

22.1 The freight forwarder is liable for all of his activities (Section 2.1) in accordance with the statutory provisions. However, the following regulations apply, unless mandatory legal provisions or general terms and conditions stipulate otherwise.

22.2 If the freight forwarder only owes the conclusion of the contracts required to provide the contractual services, he is only liable for the careful selection of the third parties commissioned by him.

22.3 In all cases in which the freight forwarder is liable for loss or damage to the goods, he must pay compensation for the value and costs in accordance with Sections 429 and 430 of the German Commercial Code (HGB).

22.4 To the extent that Sections 425 ff and 461 Paragraph 1 of the German Commercial Code (HGB) do not apply, the freight forwarder is liable for damages that have arisen

22.4.1 - insufficient packaging or labeling of the goods by the client or third parties;

22.4.2 - Agreed or practiced outdoor storage

22.4.3 - serious theft or robbery (§§ 243, 244, 249 StGB);

22.4.4 - force majeure, weather influences, damage to devices or lines, influence of other goods, damage caused by animals, natural changes to the goods only to the extent that it is proven that they were culpable in causing the damage. If damage could arise from one of the circumstances listed above, it is presumed that it arose from this.

22.5 If the freight forwarder has claims against a third party as a result of a claim for which he is not liable, or if the freight forwarder has claims for compensation against a third party that exceed his own liability, he must assign these claims to the client at the client's request, unless the freight forwarder Due to a special agreement, the prosecution of the claims is taken over for the account and risk of the client. The client can also demand that the freight forwarder assign all claims against the third party to him on account of performance. § 437 HGB remains unaffected. To the extent that the client's claims have been satisfied by the freight forwarder or from the freight forwarder's insurance, the assignment claim only extends to the part of the claim against the third party that exceeds the service provided by the freight forwarder or the insurance company.

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23. Limitations of Liability

23.1 The freight forwarder's liability in the event of loss of or damage to the goods (goods damage) is limited in amount, with the exception of the ordered storage

23.1.1 to €5 for each kilogram of gross weight of the shipment;

23.1.2 in the event of damage occurring to the goods during transport by means of transport, in deviation from Section 23.1.1, to the maximum liability amount set by law for this transport;

23.1.3 in the case of a transport contract for transport using various means of transport, including sea transport, deviating from section 23.1.1. to 2 SDR for each kilogram.

23.1.4 in each case of damage to a maximum of €1 million or 2 SDR for each kilogram, whichever is greater.

23.2 If only individual packages or parts of the shipment were lost or damaged, the maximum liability amount is calculated based on the gross weight

• the entire shipment if the entire shipment is canceled,

• the canceled part of the shipment if only part of the shipment is canceled.

 

23.3 The freight forwarder's liability for damage other than damage to goods, with the exception of personal injury and material damage to third-party goods, is limited to three times the amount that would have to be paid if the goods were lost, up to a maximum of 100,000 euros per claim. Sections 431 Paragraph 3 and 433 HGB remain unaffected.

23.4 The freight forwarder's liability is in any case, regardless of how many claims are made from a damaging event, limited to €2 million per damaging event or 2 SDR for each kilogram of lost and damaged goods, whichever is the case If the amount is higher, if there are several injured parties, the freight forwarder is liable in proportion to their claims.

23.5 Section 431 Paragraph 4 of the German Commercial Code (HGB) applies to the calculation of the SDR.

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24. Limitations of liability for ordered storage

24.1 The freight forwarder's liability in the event of loss or damage to the goods (goods damage) is limited if storage is ordered

24.1.1 to €5 for each kilogram of the gross weight of the shipment,

24.1.2 a maximum of €5,000 per claim; If the damage suffered by a client results from a difference between the target and actual inventory levels (Section 15.6), the amount of liability is limited to €25,000, regardless of the number of damage events causing the inventory difference. In both cases, Section 24.1.1 remains unaffected.

24.2 Section 23.2 applies accordingly.

24.3 The freight forwarder's liability for damage other than damage to goods, with the exception of personal injury and material damage to third-party goods, is limited to €5,000 per case of damage if storage is ordered.

24.4 The freight forwarder's liability is in any case limited to €2 million per damage event, regardless of how many claims are made from a damage event; If there are several injured parties, the freight forwarder is liable in proportion to their claims.

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25. Burden of Proof

25.1 In the event of damage, the client must prove that an item of a certain quantity and quality was handed over to the freight forwarder without any externally visible damage (§ 438 HGB). The freight forwarder must prove that he delivered the goods as he received them.

25.2 Proof that damage to goods occurred during transport by means of transport (Section 23.1.2) is the responsibility of the person claiming this. If the location of the damage is unknown, the freight forwarder must, at the request of the client or recipient, explain the transport process using interface documentation (section 7). It is presumed that the damage occurred on the transport route for which the freight forwarder does not provide an unconditional receipt.

25.3 The freight forwarder is obliged to obtain information and evidence to determine where the claimed damage occurred.

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26. Non-contractual claims

The above liability exemptions and limitations also apply to non-contractual claims in accordance with Sections 434 and 436 of the German Commercial Code (HGB).

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27. Qualified Fault

The above exemptions and limitations of liability do not apply if the damage has been caused

27.1 due to intent or gross negligence on the part of the freight forwarder or its executives or due to breach of essential contractual obligations, whereby claims for compensation in the latter case are limited to foreseeable, typical damage;

27.2 in the cases of §§ 425 ff, 461 Para. 1 HGB by the freight forwarder or the persons named in §§ 428, 462 HGB intentionally or carelessly and with the knowledge that damage is likely to occur.

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28. Notice of Damage

Section 438 of the German Commercial Code (HGB) applies to reporting damage.

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29. Carrier's liability insurance

29.1 The freight forwarder is obliged to take out and maintain liability insurance at standard market conditions with an insurer of his choice, which covers his liability under the transport contract in accordance with the ADSp and the law to the extent of the standard liability amounts.

29.2 It is permissible to agree on a maximum compensation payment per claim, event and year; as well as the agreement to share the damages with the freight forwarder.

29.3 The freight forwarder may only refer to the ADSp against the client if he has sufficient liability insurance cover when placing the order.

29.4 At the request of the client, the freight forwarder must provide proof of this liability insurance coverage by confirming this from the insurer.

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30. Place of performance, place of jurisdiction, applicable law

30.1 The place of performance for all parties involved is the location of the freight forwarder's branch to which the order is addressed.

30.2 The place of jurisdiction for all legal disputes arising from or in connection with the contractual relationship for all parties involved, provided they are merchants, is the location of the freight forwarder's branch to which the order is addressed; This place of jurisdiction is exclusive for claims against the freight forwarder.

30.3 German law applies to the legal relationships between the freight forwarder and the client or his legal successors.

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