General terms and conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts between United CarAgent & Logistics Inh. Dipl.-Ing.Brice TAGAKAM, Vogelsanger Str. 3770, 50827 Cologne, Germany - hereinafter referred to as the provider - and the customer, via the online shop of the provider getting closed. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) A consumer within the meaning of the following rules is any natural person who concludes a legal transaction for a purpose which can not be attributed to their commercial or independent professional activity. Entrepreneur is a natural or legal person or a legal partnership which, upon conclusion of the contract, acts in the course of its commercial or independent professional activity.
(3) Contract language is German. The contract text is not stored by the provider and is no longer accessible to the customer after sending the order. The customer can print the contract text before submitting the order via the print function of the browser or electronically secure.
The order data and the general terms and conditions are sent to the customer independently by email.
§ 2 Subject of the contract
The subject of the contract is the sale of goods and / or the provision of services. The details, in particular the essential features of the goods or the service offered can be found in the item description or service description and the additional information on the provider's website and in the individual offer.
§ 3 Conclusion of the contract
(1) Upon request, the provider will provide the customer with an individual offer, which will be sent to the customer in text form and to which the provider is bound for 7 days. The customer accepts the offer with confirmation in text form.
(2) The processing of the order and transmission of all in connection with the conclusion of the contract
required information is partially automated by email.
The customer must therefore ensure that the email address he has provided to the provider is correct.
the reception of the emails is technically ensured and in particular not prevented by SPAM filters.
§ 4 prices, shipping costs
(1) The prices quoted in the individual offers are final prices. They include all price components including all applicable taxes.
(2) The resulting shipping costs are not included in the purchase price, they are shown separately in the individual offer and are to be borne by the customer in addition, unless the free shipping delivery is promised.
§ 5 Payment and shipping conditions
(1) Delivery takes place worldwide.
If the delivery is made to non-EU countries, additional duties, taxes or fees may be payable by the customer, but not to the provider, but to the latter
competent customs or tax authorities. The customer is advised to check the details before ordering with the customs or tax authorities.
Insofar as no other period is specified in the item description, the delivery of the goods takes place in Germany within 3 - 5 days, in the case of foreign deliveries within 5 - 7 days.
Please note that on Sundays and public holidays delivery is not possible.
(2) The customer has the following payment options: cash on collection, advance payment by bank transfer, payment by invoice. The provider reserves the right to exclude certain payment methods in individual cases.
Invoices submitted by the supplier are due for payment immediately.
When paying by invoice, the invoice amount is due within 14 days.For overdue payments of more than 14 days, we are entitled to charge a reminder fee of 15% of the invoice amount and in case of cancellation of an order we charge at least 15% of the invoice amount depending on the cancellation effort.
(3) If, contrary to expectations, a product ordered by the customer is not available despite timely completion of an adequate cover transaction for reasons beyond the Provider's control, the Customer shall be informed immediately of the unavailability and any payments already made will be reimbursed immediately in the event of withdrawal.
(4) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report complaints to the provider and the carrier as soon as possible. The warranty claims of the customer remain unaffected.
For consumers it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only with the transfer of the goods to the customer, regardless of whether the shipment is insured or uninsured. If the customer is not a consumer, the delivery and dispatch takes place at his own risk.
§ 6 Parking of vehicles
1) All vehicles that have been stored on the company premises of United CarAgent & Logistics Inh. Dipl.-Ing Tagakam and that are not to be shipped by us, will charge a stand fee for vehicles from the first day of 5.00 € daily.
2) For vehicles operated by UnitedCarAgent & Logistics Inh.Dipl.-Ing. Tagakam Shipping, a maximum of two weeks can be stored for the purpose of preparation on our premises free of charge and then will charge a daily fee of 3.50 €.
§ 7 Return costs upon exercise of the right of withdrawal
In the case of the exercise of the statutory right of withdrawal for distance contracts, it is agreed that the customer has to bear the regular costs of the return, if the price of the item to be returned does not exceed 40 euros or if at a higher price of the thing Customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation, unless the delivered goods do not correspond to the ordered goods. In all other cases, the provider bears the cost of the return.
§ 8 Provision of services
As far as services are subject of the contract, the provider owes the individual services resulting from the item description. This provides the provider to the best of his knowledge and belief personally or through third parties. A certain result is not owed.
The customer is obliged to cooperate as far as the provider for the provision of the service further information must be provided. Insofar as the article description does not specify a different deadline, the provision of services will take place within 3 days after the conclusion of the contract (in case of advance payment, only after receipt of the complete fee).
§ 9 Warranty
(1) The statutory regulations apply.
(2) For used goods the warranty period deviates from the legal regulation one year from delivery of the goods. The one-year warranty period does not apply to culpably attributable damages attributable to the provider from injury to life, body or health and grossly negligent or intentionally caused damage or malice of the provider, as well as recourse claims in accordance with §§ 478, 479 BGB.
(3) Insofar as the customer is an entrepreneur, deviating from para.
a) As a condition of the goods only the own data of the offerer and the product description of the manufacturer apply as agreed, not however other advertisement, public promises and expressions of the manufacturer.
b) The customer is obliged to inspect the goods immediately and with due diligence on quality and quantity deviations and obvious defects within 7 days from receipt of the goods to the seller in writing, the deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
c) In the case of defects, the supplier shall, at his discretion, warrant repair or replacement. If the defect elimination fails twice, the customer can request reduction or withdraw from the contract. In the case of rectification, the supplier does not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
d) The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply to culpably attributable damages attributable to injury to life, body or health and gross negligence or intentional damage or malice of the provider, as well as recourse claims in accordance with §§ 478, 479 BGB.
§ 10 Right of retention, retention of title
(1) The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until full payment of the purchase price.
(3) If the customer is an entrepreneur, the following also applies:
a) The provider retains ownership of the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
b) The customer can resell the goods in the ordinary course of business. In this case, he hereby assigns all claims in the amount of the invoice amount that accrue to him from the resale to the provider accepting the assignment. The customer is also authorized to collect the debt. Insofar as he does not duly fulfill his payment obligations, the provider reserves the right to collect the claim himself.
c) In the case of combination and mixing of the reserved goods, the Provider acquires co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
d) The provider undertakes to release the securities to which he is entitled on request of the customer to the extent that the realizable value of the securities of the provider exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the provider.
§ 11 Liability
(1) The provider shall be liable without limitation for damage resulting from injury to life, limb or health, in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the nature of the object of purchase, in case of damage the Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations are affected, the liability of the provider in case of slight negligence shall be limited to the contractually typical, foreseeable damage. Significant contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations that the contract imposes on the provider according to its content for the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible and on whose compliance the customer may regularly rely.
(3) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(4) According to the current state of the art, data communication via the Internet can not be guaranteed error-free and / or available at all times. The provider is not liable for the continuous or uninterrupted availability of the website and the services offered there.
§ 12 Choice of law, place of performance, place of jurisdiction
(1) German law applies, excluding UN sales law. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
(2) The place of fulfillment for all services from the existing business relationships with the provider as well as the place of jurisdiction is the registered office of the provider, insofar as it is not a consumer but a merchant, legal entity under public law or special fund under public law.
The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.
General German Forwarding Conditions (ADSp)
These conditions are recommended for use from 1 January 2003 by the Federation of German Industry, Federation of German Wholesale and Foreign Trade, Federal Association of Forwarding and Logistics, German Chamber of Commerce and Industry, German Retail Trade Association. This recommendation is not binding. It is at the discretion of the parties to make arrangements derogating from the content of this recommendation.
1. Duty of interest and due diligence
The freight forwarder has to take care of the client and carry out his activities with the care of a proper businessman.
The ADSPs apply to transport contracts covering all types of activities, whether they concern freight forwarding, freight, warehousing or other business normally associated with the freight forwarding business. This also includes logistical services customary in terms of forwarding, if these are connected with the transport or storage of goods.
In the case of forwarding contract activities within the meaning of Sections 453 to 466 HGB, the freight forwarder owes only the conclusion of the contracts required to provide these services, unless otherwise stipulated by mandatory or standard terms and conditions.
The ADSp does not apply to transactions that are exclusively related to the item
- packaging work,
- the transport of goods or their storage,
- Crane or assembly work and heavy or large-capacity transports with the exception of the transhipment activity of the freight forwarder,
- the transport and storage of goods to be towed or salvaged.
The ADSp do not apply to traffic contracts with consumers. A consumer is a natural person who concludes the contract for a purpose which can not be attributed to his commercial or independent professional activity.
If commercial customs or legal provisions deviate from the ADSp, then the ADSp will proceed unless the legal provisions are mandatory or standard terms and conditions.
In the case of transport contracts for air, sea, inland waterway or multimodal transports, deviating agreements may be made according to the special conditions of carriage set out for this purpose
The freight forwarder is authorized to agree to the usual terms and conditions of third parties.
In the relationship between the first and intermediate forwarding agents, the ADSp shall apply as general terms and conditions of the intermediate forwarding agent.
3. Order, delivery error, content, special goods
Orders, instructions, declarations and communications are informally valid. Subsequent changes are to be clearly identified as such.
The burden of proof for the content as well as the correct and complete transmission is borne by who is relying on it.
As far as the written form is required for declarations, the remote data transfer and any other readable form is the same, provided that it makes the exhibitor recognizable.
The client must inform the freight forwarder when placing the order that the subject of the transport contract is:
- Dangerous goods
- Live animals and plants
- perishable goods
- Particularly valuable and theft-endangered goods
The client has on behalf of addresses, characters, numbers, number, type and content of the packages, characteristics of the goods within the meaning of Section 3.3, the value of goods for insurance of the goods and any other significant for the proper execution of the contract significant circumstances specify.
In the case of a dangerous good, the client must notify the forwarding agent in writing of the exact nature of the hazard and, if necessary, of the precautionary measures to be taken. In the case of dangerous goods within the meaning of the Act on the Transportation of Dangerous Goods or other goods for the transport or storage of which special regulations on dangerous goods, handling or waste regulations exist, the customer must provide all information necessary for the proper execution of the order, in particular the classification according to the relevant dangerous goods law, notify.
The customer shall have the freight forwarder for valuable or theft-endangered goods (eg money, precious metals, jewelry, watches, precious stones, works of art, antiques, checks, credit cards, valid calling cards or other means of payment, securities, securities, documents, spirits, tobacco, consumer electronics, Telecommunications equipment, computer equipment and accessories) as well as for goods with an actual value of 50 Euro / kg and more in writing before the takeover by the freight forwarder in writing to inform that the freight forwarder has the opportunity to decide on the acceptance of the goods and measures for a secure and damage-free execution of the order.
If an order placed with the carrier does not meet the conditions set out in points 3.3 - 3.6, the freight forwarder is free to
- refuse to accept the goods,
- to return already taken over goods or to keep ready for collection
- to ship, transport or store it without notifying the Principal and to request additional, equitable remuneration if the secure and harmless execution of the contract entails increased costs.
The freight forwarder is not obliged to review or supplement the information provided in accordance with points 3.3 to 3.6
The Freight Forwarder is under no obligation to check the authenticity of the signatures on any communications or other documents relating to the Goods or the power of the Signatories unless there are reasonable doubts as to the authenticity or the authority.
4. Packaging, provision of loading equipment and packaging, weighing and inspection of the goods
The order given to the carrier does not include a lack of agreement
the packaging of the goods,
the weighing, inspection, measures to maintain or repair the goods and their packaging, unless this is customary in the trade,
the presentation and exchange of pallets or other loading equipment and packaging.
If these are not exchanged train-by-train, they will only be picked up when a new order is placed. This does not apply if the exchange is omitted at the request of the freight forwarder.
The activities according to section 4.1 must be remunerated separately
5. Customs clearance
The order for shipment to a destination abroad includes the order for customs clearance, if without it the transport to the destination is not executable.
For customs clearance, the freight forwarder can charge a special fee in addition to the actual costs incurred.
The order to deliver under duty or to deliver free domestically includes the authorization for the forwarder to decide on the completion of the necessary customs formalities and the interpretation of the duties determined by the customs authorities.
6. Packaging and labeling obligations of the client
The packages shall be provided by the client in a clear and durable manner with the markings required for their order, such as addresses, signs, numbers, symbols for handling and characteristics; old marks must be removed or made illegible.
In addition, the client is required to
to identify packages belonging to a consignment as easily recognizable;
Make packages so that access to the contents is not possible without leaving out externally visible traces (tape, strapping or the like are only sufficient if they are individually designed or otherwise difficult to imitate, a wrapping with foil only if this is welded);
in the case of a consignment to be dispatched in the freight forwarder, which consists of several pieces or units with a girth (maximum circumference plus longest edge) of less than 1 m, to combine them into larger packages;
in the case of a consignment to be dispatched by hanging, which consists of several pieces, to combine them into units of handles in closed cases;
on packages of a gross weight of at least 1 000 kg, affix the weight designation required by the Weight Labeling Act for heavy loads carried on ships.
Packages are individual pieces or units formed by the client to complete the order, e.g. Crates, lattice boxes, pallets, handle units, closed load containers, such as covered or planed wagons, semi-trailers or swap bodies, containers, igloos.
If the packages do not meet the conditions specified in paragraphs 6.1 and 6.2, section 3.7 shall apply mutatis mutandis.
7. Inspection obligations of the freight forwarder
The freight forwarder is obliged to interface
Check the packages for completeness and identity, as well as externally visible damage and integrity of seals and closures
Irregularities (for example in the accompanying documents or by special notification).
The interface is every transfer of the packages from one legal entity to another and the delivery at the end of each transport route.
At the request of the client, the freight forwarder issues a receipt.
In the receipt, the forwarder only confirms the number and type of packages but not their contents, value or weight. For bulk goods, wagonloads and the like, the receipt does not contain a confirmation of the gross weight or the otherwise indicated quantity of the goods in case of doubt.
As a proof of delivery, the freight forwarder has to request a receipt from the consignee 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 consignee, the freight forwarder is entitled to take it back.
An instruction issued via the goods shall remain binding for the freight forwarder until the customer revokes the order.
In the absence of sufficient or executable instructions, the freight forwarder may act in accordance with his reasonable discretion.
An order to keep the goods at the disposal of a third party can not be revoked as soon as the third party's order has been received by the freight forwarder.
Freight transfer, cash on delivery
The notification of the client that the order is unfree to process or the order is to be executed on behalf of the recipient or a third party does not affect the obligation of the client to the forwarder, to pay the compensation and other expenses.
The notification in accordance with section 10.1 does not contain any proof of delivery.
In the absence of agreement, loading and delivery times are not guaranteed, nor is any particular order in the processing of goods of the same type of transport.
The legal liability of the freight forwarder for exceeding the delivery period remains unaffected.
Obstacles that are not attributable to the risk area of the freight forwarder exempt him from the obligations for the duration of which he has not been able to perform.
In case 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 executed.
If the freight forwarder or principal backs, the freight forwarder must be reimbursed for the costs which he was entitled to consider necessary or which are of interest to the customer.
The freight forwarder has to check only within the framework of his duty of care and to inform the client as to whether there are legal or official obstacles to the shipment (for example, import and export restrictions). However, if the freight forwarder appears to have special knowledge of certain types of business through public notices or in contract negotiations, he must comply with the above test and notification obligations.
Public law acts not to be represented by the freight forwarder do not affect the rights of the freight forwarder to the principal; the client is liable to the freight forwarder for all consequences arising from such events. Any claims of the freight forwarder against the state or any other third party shall not be affected thereby.
The delivery takes place with liberating effect to each person present in the business or household of the recipient, unless there are reasonable doubts about their right to receive.
14. Information and surrender obligation of the freight forwarder
The freight forwarder is obliged to provide the client with the necessary information, to provide information about the status of the business upon request and to give an account of its performance; however, he is only obliged to disclose the costs if he acts for the account of the client.
The freight forwarder is obliged to give the client everything he receives for the execution of the business and what he obtains from the management.
The storage takes place according to choice of the forwarder in its own or other storage rooms. If the freight forwarder is to be stored at a third-party warehouse keeper, he must immediately notify his name and the storage location to the customer in writing or, if a warehouse receipt is issued, record this on the warehouse.
The client is free to visit or visit the storage rooms. Objections or complaints against the accommodation of the goods or against the choice of the storage room, he must bring forward immediately. If he does not make use of the right to inspect, he objects to all objections to the manner of accommodation, insofar as the choice of storage space and accommodation was made with the due care of a proper freight forwarder.
The customer is only allowed to enter the warehouse when accompanied by the freight forwarder during his business hours.
If the client takes action on the goods (for example, taking samples), the freight forwarder may request that the number, weight and quality of the goods be determined together with the client. If the customer does not comply with this request, the liability of the freight forwarder for damage subsequently discovered is excluded, unless the damage is not attributable to the actions taken with the goods.
The client shall be liable for all damages which he, his employees or representatives inflict upon entering the warehouse or upon entering or driving on the storage property to the freight forwarder, other depositors or other third parties, unless the client, his employees or agents are not at fault ,
In the event of inventory differences, the freight forwarder may carry out a value-based offsetting of the stock in the case of simultaneous shortages and duplicates of the same principal.
If the freight forwarder has reasonable doubts as to whether his claims are secured by the value of the good, he is entitled to set a reasonable deadline for the principal in which he can ensure either the securing of the claims of the freight forwarder or other accommodation of the goods. If the client does not comply with this request, the freight forwarder is entitled to terminate the contract without notice.
16. Offers and compensation
Offers by the freight forwarder and agreements with him on prices and services always refer only to the own services or services of third parties named by name and only to goods of normal size, normal weight and normal condition; they presuppose normal unchanged carriage conditions, unhindered routes of communication, the possibility of immediate immediate forwarding as well as continuity of the previous freights, value conditions 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 additionally charge special charges and special expenses.
All offers of the freight forwarder are only valid for immediate execution of the order in case of immediate acceptance, unless otherwise stated in the offer, and only if reference is made to the offer when the order is placed.
If an order is terminated or withdrawn, the freight forwarder is entitled to the claims under §§ 415, 417 HGB.
If a COD or other collection order is subsequently withdrawn, or if the amount is not received, the freight forwarder can still collect commission.
If the consignee refuses to accept a consignment that has been forwarded to him, or if delivery is not possible for reasons for which the freight forwarder is not responsible, the forwarding agent shall be entitled to the same amount of freight as to the forwarding agent.
17. Expenses of the freight forwarder, indemnification
The freight forwarder is entitled to reimbursement of the expenses which he was allowed to consider necessary in the circumstances.
The order to receive incoming goods authorizes the freight forwarder, but does not oblige him to carry freight, valuations, customs duties, taxes and other charges as well as expenses on the goods.
Freight claims, loss deposits or contributions, customs duties, taxes and other charges that are made to the freight forwarder, in particular as persons entitled to dispose of or as the owner, must be immediately released by the customer upon request if the freight forwarder is not responsible for the freight forwarder , The Freight Forwarder is entitled, at its reasonable discretion, to take the appropriate measures to secure or release it. Unless the need for immediate action is required, the freight forwarder must obtain instructions.
The Principal shall notify the Freight Forwarder in a customary manner in due time to all public law, e.g. customs or third party, e.g. of the goods, unless the offer of the freight forwarder indicates that they are known to him.
18. Invoices, foreign currencies
Invoices of the freight forwarder must be paid immediately.
The freight forwarder is entitled to demand payment from its foreign currency or in German currency from foreign customers or consignees at its own discretion.
If the freight forwarder is to pay foreign currency or if he lends out foreign currency, he is entitled to demand either payment in foreign or in German currency. If he requests German currency, the conversion shall take place at the rate officially fixed on the day of payment, unless a different rate has been demonstrably paid or paid.
19. Offsetting, retention
Against claims from the transport contract and related non-contractual claims a set-off or retention is only possible with due counterclaims, which does not conflict with an objection.
20. Lien and lien
The freight forwarder has a right of lien and a right of retention on the goods or other assets in his power of disposition because of all due and unpaid claims which he is entitled to from the activities specified in Section 2.1. The right of lien and retention does not go beyond the statutory right of lien and retention.
The freight forwarder may only exercise a lien or right of retention for claims arising from other transport contracts concluded with the principal, provided they are undisputed or if the financial situation of the debtor jeopardizes the claim of the freight forwarder.
The period of one month specified in § 1234 BGB will be replaced by a period of two weeks in all cases.
If the customer is in default, then the freight forwarder can, after the sale has been threatened, sell by freehold the goods and assets in his possession that are deemed necessary for his satisfaction.
For the sale of a pledge or self-help, the freight forwarder can in all cases charge a sales commission of the net proceeds in the amount of local rates.
21. Insurance of the goods
The forwarder will arrange the insurance of the goods (for example, transport or storage insurance) with an insurer of his choice, if the client commissions him before handing over the goods.
If the freight forwarder can not cover the insurance due to the nature of the goods to be insured or for any other reason, the freight forwarder shall notify the principal immediately.
The freight forwarder is entitled but not obliged to procure the insurance of the goods, if this is in the interest of the customer. The freight forwarder may assume that the insurance coverage is in the interest of the client, especially if
- the freight forwarder has provided insurance for an earlier transport contract,
- the client has specified a value of goods (section 3.4) on behalf.
In particular, the presumption of interest in insurance coverage does not exist if
- the client prohibits the covering in writing,
- the client is a freight forwarder, carrier or warehouseman.
The freight forwarder has to decide on the type and extent of the insurance at its best discretion and conclude it on customary market terms, unless the principal gives the freight forwarder another written instruction stating the insurance number and the dangers to be covered.
If the freight forwarder is the policyholder and has acted for the account of the principal, the freight forwarder is obliged to invoice on request in accordance with section 14.1. In this case, the freight forwarder has to collect the premium for each individual transport contract on an order-specific basis, to document it and to transfer it in full exclusively to the insurer for this insurance cover.
For the insurance, collection of the compensation amount and other activities in the settlement of insurance claims and accidents, the freight forwarder is entitled to a special compensation in addition to the reimbursement of his expenses.
22. Liability of the freight forwarder, assignment of compensation claims
The freight forwarder is liable in all his activities (Section 2.1) in accordance with the statutory provisions. However, the following regulations apply, unless otherwise stipulated by mandatory or standard terms and conditions.
Insofar as the freight forwarder owes only the conclusion of the contracts required for the performance of the contractual services, he is only liable for the careful selection of the third parties commissioned by him.
In all cases in which the freight forwarder has to be liable for loss or damage to the goods, he has to reimburse value and costs according to §§ 429, 430 HGB.
Insofar as §§ 425 ff and 461 Abs. 1 HGB do not apply, the freight forwarder is liable for damages that have arisen
- inadequate packaging or marking of the goods by the client or third parties, -
- agreed or practicable outdoor storage -
- heavy theft or robbery (§§ 243, 244, 249 StGB), -
- Force majeure, weather conditions, damage liability of equipment or lines, influence of other goods, damage by animals, natural change of the goods
only in so far as it is proved a culpable causation of the damage. If damage has been caused by any of the above circumstances, it is presumed that it arose from it.
If the freight forwarder has claims against a third party for which he is not liable, or if the freight forwarder has claims for compensation that exceed his own liability, he must assign these claims to the customer at his request, unless the freight forwarder is responsible special agreement assumes the pursuit of claims for the account and risk of the client.
The client may also request that the freight forwarder assigns to him all claims against the third party on account of performance. Section 437 HGB remains unaffected.
Insofar as the claims of the client have been satisfied by the freight forwarder or the forwarding insurance, the claim for assignment extends only to the part of the claim against the third party which exceeds the performance of the freight forwarder or the insurance company.
23. Limitation of Liability
The liability of the freight forwarder in the event of loss or damage to the goods (damage to goods) is limited, except for the storage provided
on - 5 for each kilogram of gross weight of the consignment;
in the event of damage to the goods during transport by means of transport, by way of derogation from section 23.1.1, to the maximum amount of liability stipulated by law for this transport;
in the case of a transport contract for carriage by various modes of transport, including sea transport, by derogation from section 23.1.1. on 2 SDR for each kilogram.
in each case, no more than - 1 million or 2 SDR for each kilogram, whichever is greater.
If only individual packages or parts of the consignment have been lost or damaged, the maximum liability is calculated according to the gross weight
- the entire consignment, if the entire consignment is canceled,
- the depreciated part of the consignment, if only part of the consignment is canceled.
The liability of the freight forwarder for damage other than damage to property, with the exception of personal injury and property damage to third-party goods, is limited to three times the amount that would be payable on loss of the goods, up to a maximum of EUR 100,000 per claim. Sections 431 (3), 433 HGB remain unaffected.
The Liability of the Freight Forwarder is in any case limited to - 2 million per loss event or 2 SDR for each kilogram of lost and damaged goods, whichever is greater, regardless of how many claims are made from a loss event The freight forwarder is liable to a number of victims in proportion to their claims.
The calculation of the SZR is governed by § 431 (4) HGB.
24. Limitation of liability for stored storage
The liability of the freight forwarder in the event of loss or damage to the goods (damage to goods) is limited in the case of an ordered storage
on - 5 for each kilogram of gross weight of the consignment,
at most - 5,000 per claim; if the damage of a principal is a difference between the target stock and the actual stock of the stock (paragraph 15.6), the liability amount is limited to - 25,000, irrespective of the number of loss events caused by the inventory difference. In both cases, section 24.1.1 remains unaffected.
Section 23.2 shall apply accordingly.
The liability of the freight forwarder for damage other than damage to property, with the exception of personal injury and property damage to third-party goods, is limited to - 5,000 per claim in the event of warehousing.
The liability of the freight forwarder is in any case limited to - 2 million per loss event, irrespective of how many claims are made from a loss event; in the case of several injured parties, the freight forwarder is liable pro rata in proportion to their claims.
25. Burden of proof
In the event of a claim, the client must prove that the freight forwarder has been given a good of a certain quantity and quality without any externally visible damage (§ 438 HGB). The forwarder has to prove that he has delivered the good as received.
Proof that damage to goods occurred during transport by means of transport (paragraph 23.1.2) is incumbent on the person who claims this. If the location of the damage is unknown, the freight forwarder must, at the request of the principal or the consignee, explain the procedure of transport by means of an interface documentation (Section 7). It is presumed that the damage occurred on the journey for which the freight forwarder does not provide unconditional receipt.
The freight forwarder is obliged to provide information and evidence to determine where the alleged damage occurred.
26. Non-contractual claims
The above exemptions from liability and restrictions apply according to §§ 434, 436 HGB also for non-contractual claims.
27. Qualified fault
The above exemptions from liability and limitations do not apply if the damage has been caused
by intent or gross negligence on the part of the freight forwarder or its officers or by breach of essential contractual obligations, in which case compensation claims are limited to foreseeable, typical damage;
in the cases of Sections 425 et seq., 461 Sect. 1 HGB by the forwarding agent or the persons named in Sections 428, 462 HGB intentionally or recklessly and in the knowledge that damage will occur with probability.
28. Claims notice
For the announcement of a damage § 438 HGB applies.
Liability insurance of the freight forwarder
The freight forwarder is obligated to conclude and maintain liability insurance with an insurer of his choice at standard market conditions, which covers his contractual liability according to the ADSp and according to the law to the extent of the standard liability sums.
The agreement of a maximum rate per claim, loss event and year is permissible; as well as the agreement of a claim by the freight forwarder.
The freight forwarder may only invoke the ADSp vis-à-vis the customer if he holds sufficient liability insurance protection when placing the order.
At the request of the client, the freight forwarder has to prove this liability insurance cover by a confirmation of the insurer.
30. Place of Performance, Jurisdiction, Applicable Law
The place of performance for all participants is the location of the branch of the freight forwarder to whom the order is addressed.
The place of jurisdiction for all disputes arising out of or in connection with the contract is, for all involved parties, insofar as they are merchants, the place of the branch of the freight forwarder to which the order is directed; For claims against the freight forwarder this jurisdiction is exclusive.
German law applies to the legal relationship between the freight forwarder and the client or his legal successors.