General terms and conditions

GTC of MPE.express DS LLC
Scope and legal basis These General Terms and Conditions, hereinafter referred to as "GTC", apply to all contracts with the company MPE.express DIGITAL SERVICES LLC for the brokerage and transport of shipments in the national and international area. (2) MPE.express DIGITAL SERVICES LLC may use a transport service provider of its choice, hereinafter referred to as "logistics service provider" or "parcel service", to carry out its obligations.

(3) As far as nothing else is determined by mandatory legal regulations, written individual agreements, expressly mentioned special conditions and these GTC, exclusively the General German Forwarders' Terms and Conditions (ADSp) in their respective valid version are applicable.

Contractual Relationship - Establishment and Exclusions

(1) The contract is concluded as follows: The customer places the order in electronic form (by filling in the electronic form and sending it) or by directly handing over or sending the printed and completed form by fax or by letter (= offer). MPE.express DIGITAL SERVICES LLC accepts the order by signing the consignment note completed by the customer on the basis of these GTC. Deviating conditions are to be agreed upon in writing.

(2) All data of the customer will be electronically stored and processed in accordance with the requirements of the German Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG). The customer agrees to the data processing. Customer data will only be passed on to third parties to the extent that this is necessary for contractual fulfilment.

(3) MPE.express DIGITAL SERVICES LLC does not conclude a contract for the brokerage and transport of the following shipments (excluded shipments), whereby employees of MPE.express DIGITAL SERVICES LLC and other vicarious agents are not authorised to conclude contracts for the brokerage and transport of such shipments: - shipments containing money, cheque cards, credit cards, valid telephone cards or other means of payment or securities for which no blocking and bidding and replacement procedures can be carried out in the event of damage; - glass or porcelain - trading cards with a value of more than € 25,000 - shipments with an actual value of more than EURO 25,000; the limitations of liability pursuant to Section 5 remain unaffected by this value limit; - shipments whose contents, external design, carriage or storage violate a statutory or official prohibition or special facilities (e.g. for temperature-controlled goods). consignments whose contents or external condition may cause injury to persons, infection or damage to property; - consignments whose carriage and/or storage is subject to dangerous goods regulations; - consignments containing animal carcasses or parts thereof.

(4) If a consignment does not comply with these GTC with regard to its nature (size, format, weight, content, etc.) or in any other way, MPE.express DIGITAL SERVICES LLC or the contracted logistics service provider is free to refuse acceptance of the consignment or to return a consignment already accepted by mistake or to hold it ready for collection or to transport it without notifying the sender and to charge a corresponding fee in accordance with the MPE.express DIGITAL SERVICES LLC price list. The same applies if, in the case of suspicion of excluded shipments or other breaches of contract, the sender refuses to provide information on this at the request of MPE.express DIGITAL SERVICES LLC or the commissioned logistics service provider.

(5) If MPE.express DIGITAL SERVICES LLC or the contracted logistics service provider becomes aware of the fact that the shipment contains excluded goods only after handover of the shipment or if the sender refuses to provide information on excluded goods at the request of MPE.express DIGITAL SERVICES LLC or the contracted logistics service provider, MPE.express DIGITAL SERVICES LLC already reserves the right to contest the contract due to deception. MPE.express DIGITAL SERVICES LLC or the contracted logistics service provider are not obliged to check transport exclusions according to paragraph 3; however, in case of suspicion of such exclusions they are entitled to open and check the consignments after consultation with the shipper.

(6) Claims arising from this contract including liability can only be asserted by the customer as a contractual partner of MPE.express DIGITAL SERVICES LLC.

Rights, duties and obligations of the shipper The customer is obliged to pay the fee invoiced to him for each transport service. The amount of the fee is determined by the current price list, which can be viewed at any time on the website of MPE.express DIGITAL SERVICES LLC or at its offices. The weight or volume weight determined by MPE.express DIGITAL SERVICES LLC or the logistics service provider (calculation formula: see price list) as well as the value of the goods are decisive for the calculation of the fee. (2) The customer has to pay the fee in advance, unless other agreements are made between MPE.express DIGITAL SERVICES LLC and the customer in individual contracts. (3) If the customer participates in the SEPA-Basislastschrifeinzugsverfahren and if a direct debit submitted by MPE.express DIGITAL SERVICES LLC is returned, e.g. due to insufficient credit, MPE.express DIGITAL SERVICES LLC is entitled to charge an additional fee of 15.00 EUR plus VAT per returned direct debit in addition to the resulting bank fees. In case of a returned direct debit, MPE.express DIGITAL SERVICES LLC is entitled to terminate all existing contracts with the customer without notice.

(4) MPE.express DIGITAL SERVICES LLC is entitled to charge default interest and default damages according to BGB §288 in case of default of payment. If MPE.express DIGITAL SERVICES LLC can prove a higher interest burden, the customer owes the higher default interest.

(5) If the customer gives wrong information about the transport goods (dimensions, weight, condition, value or content), he is obliged to pay MPE.express DIGITAL SERVICES LLC the additional costs plus an additional compensation of 15,00 EUR plus VAT.

(6) Instructions of the customer to proceed with the shipment beyond the services offered by MPE.express DIGITAL SERVICES LLC are inadmissible.

(7) The customer is responsible to choose a service of MPE.express DIGITAL SERVICES LLC according to its current price list (including insurance according to the value of the goods), which most likely covers his damage in case of loss, damage or other improper performance.

(8) The customer must pack the consignments in such a way that they are protected against loss and damage and that no damage occurs to third parties. Further details are determined by the shipping conditions of MPE.express DIGITAL SERVICES LLC.

(9) The customer undertakes to make the goods available for collection by the parcel service or logistics service provider ready for dispatch. The consignment has to correspond in number, weight and dimensions in packed condition to the specifications according to the order placement. In case of deviations, the customer is liable to pay MPE.express DIGITAL SERVICES LLC for any additional costs incurred (see section 3 paragraph 5). The goods are to be clearly and durably marked by the customer with the marks necessary for their handling according to the order, such as addresses, signs, numbers, symbols for handling and properties. The packages are to be prepared in such a way that access to the contents is not possible without leaving externally visible traces. The goods must always be packed by the consignor in the original transport packaging together with the transport protection provided by the manufacturer. If this is not possible, the goods must be packed correctly and securely in an equivalent manner in order to exclude damage to the goods during transport. Special requirements apply to the shipment of electronic devices or goods containing glass parts.

(10) Goods of exceptional value (in particular precious stones, jewellery, watches, bijouterie, etc.) must be shipped for reasons of security within Germany using the "Valoren-Express" product in the shipping bags (safebags) provided by MPE.express DIGITAL SERVICES LLC with a security seal and a completed consignment note. Valoren shipments that cannot be sent in the shipping bags due to their size must be packed in accordance with the provisions in the ADSp. These shipments must be sealed with special sealing labels or security tape (available from MPE.express DIGITAL SERVICES LLC for a fee). The customer shall ensure in advance of booking the order whether the shipment will fit into a safebag. If this is not the case, the customer shall request sealing labels/security tape by e-mail for a fee prior to booking the order and shall only place the order when the sealing of the consignments is ensured.

(11) MPE.express DIGITAL SERVICES LLC does not assume any responsibility for the content of the consignments. Rather, the sender bears the sole responsibility and risk for all consequences resulting from an inadmissible shipment of goods - also according to provisions other than these GTC.

Services of MPE.express DIGITAL SERVICES LLC

After the order has been placed by the customer, MPE.express DIGITAL SERVICES LLC will carry out the transport itself or arrange for it to be carried out by a logistics service provider or parcel service selected by it. After the order has been placed, the shipment will be collected from the customer. If the customer cannot be found during the previously agreed collection attempt, this shall be deemed to have been carried out. The customer is not entitled to a second collection free of charge. Instead, the customer has the option of booking a second collection at a charge via MPE.express DIGITAL SERVICES LLC. The customer as well as the recipient have the possibility to follow the route of the shipment on the website of the respective logistics company with the order or parcel number or to enquire by telephone with MPE.express DIGITAL SERVICES LLC. (2) The commissioned logistics service provider or MPE.express DIGITAL SERVICES LLC (hereinafter referred to as the logistics service provider) certifies the acceptance (delivery) of the consignments to the customer.
(3) The logistics service provider transports the shipments to the destination and delivers them to the recipient at the address specified by the sender. Compliance with a specific delivery period is not owed, unless expressly agreed otherwise for individual products.

(4) The logistics service provider makes the delivery (delivery) at the address indicated on the consignment by handing it over against confirmation of receipt to the consignee, to his spouse or to a person of full age who is authorised to receive the consignment (authorised recipient / postal receiving agent). Advance dispositions (such as storage, forwarding or delivery by deposit) are not permitted.

(5) The logistics service provider may hand over items that cannot be delivered in the manner specified in paragraph 4 to a substitute recipient. This does not apply to consignments with the booked service option "personal delivery". Substitute recipients are, firstly, relatives of the recipient and the spouse, or secondly, other persons present on the recipient's premises, as well as the recipient's household residents and neighbours, provided it can be assumed from the circumstances that they are entitled to accept the Mail Items.

(6) The logistics service provider shall keep consignments that have not been delivered in accordance with paragraphs 4 and 5 ready for collection by the consignee within a period of five working days, starting from the day on which delivery was attempted. This also applies if the logistics service provider cannot reasonably be expected to deliver the goods due to extraordinary circumstances (e.g. remote homestead, no delivery device) or special dangers at the place of delivery. The consignee will be notified of this without delay.

(7) The logistics service provider may use electronic means to confirm receipt. These means are used to document either the printed name in combination with the digitised or electronic signature or another identification of the consignee or the person authorised to receive. This form of acknowledgement of receipt is sufficient for the sender as proof of delivery.

(8) The logistics service provider will order undeliverable consignments back to the sender at the sender's expense after obtaining instructions from the customer, unless this is excluded for the respective product. Consignments are undeliverable if no person authorised to receive the consignment within the meaning of paragraphs 4 and 5 is encountered and the collection period has expired fruitlessly or acceptance is refused by the consignee, his spouse or authorised recipient / substitute recipient or the consignee cannot be identified. Refusal to accept shall also be deemed to be the prevention of delivery via an existing receiving device (e.g. taping/prohibition of posting), the refusal to pay the COD amount and the refusal to hand over the acknowledgement of receipt.

(9) If an undeliverable consignment cannot be returned to the sender in the manner set out in paragraphs 4 to 7, the logistics service provider is entitled to open it. If the sender or another authorised person cannot be identified even after opening and delivery by other means is not reasonable, the logistics service provider is entitled to sell the consignment after a period of six weeks. The Logistics service provider may destroy unusable goods or consignments as defined in Section 2 Paragraph 3 before the expiry of this period, subject to a charge. The Logistics service provider also has the right of immediate disposal or destruction if the sender and recipient waive receipt of the consignment, e.g. by refusing to accept or take it back.

Liability

MPE.express DIGITAL SERVICES LLC is liable for destruction, loss, damage or delay of the consignments in accordance with ADSp only up to the maximum amounts stated therein. This limitation does not apply if the customer in case of shipment of valuable goods (valuables, e.g. watches, jewellery, dental gold, coins, jewels, precious and semi-precious stones, bijouterie etc.) has indicated the interest in the delivery at the place of destination in terms of amount (specific declaration of value) and has paid the freight price calculated by MPE.express DIGITAL SERVICES LLC according to the declaration of value including a transport insurance. In case of shipment of other goods, the above mentioned restriction does not apply if the customer states the value upon conclusion of the contract and has paid the surcharge for transport insurance stated by MPE.express DIGITAL SERVICES LLC in accordance with the stated value. The customer is obliged to truthfully state the value of the consignment when placing the order. It is expressly pointed out that even if the aforementioned prerequisites are met (conclusion of a transport insurance policy), there is a maximum compensation limit of € 25,000.00. A higher coverage of a transport insurance is not possible by MPE.express DIGITAL SERVICES LLC. For each recipient address a maximum of shipments with a total goods and transport insurance value of € 100,000 per day is permissible. (2) The liability of the sender remains unaffected. The sender is primarily liable for all damages incurred by MPE.express DIGITAL SERVICES LLC, the commissioned logistics service provider or third parties from the shipment of excluded goods in accordance with section 2 or the breach of its obligations in accordance with section 3. In this respect, the sender indemnifies MPE.express DIGITAL SERVICES LLC from any claims of third parties. (3) It is expressly pointed out that in the event of a false declaration of goods, in particular if a false value is stated, the liability is limited to the corresponding declaration of value by the customer.

Notification of damage

In the case of damage to the consignment or a part thereof, the recipient or the customer must report the damage to MPE.express DIGITAL SERVICES LLC immediately after discovery of the damage, but at the latest within 10 days after acceptance of the consignment. The damage must be documented with digital photos and the packaging must be retained. In the event of a delay, the notification must be made within 14 days after the consignment has been made available to the recipient. In case of loss or partial loss, the notification must be made within 21 days after the consignment has been taken over by MPE.express DIGITAL SERVICES LLC or the logistics service provider. Any complaint must be declared in writing to MPE.express DIGITAL SERVICES LLC and handed over or sent within the stated period. If the notification period is missed, any action against MPE.express DIGITAL SERVICES LLC or the logistics service provider is excluded, unless they have acted fraudulently. (2) A shipment is considered lost if it has not been delivered to the recipient within 14 days after posting and its whereabouts cannot be determined.

Goods in transit insurance

In particular, the following are not covered by the insurance: consignments excluded from carriage in accordance with Section 2, damage caused by missing or defective packaging or by the sender intentionally causing the loss. (2) The individual insurance conditions can be viewed in the respective valid price list or on the Internet pages of MPE.express DIGITAL SERVICES LLC or in its business premises. 8 Statute of Limitations Claims against MPE.express DIGITAL SERVICES LLC are subject to a limitation period of one year. The limitation period begins with the expiry of the day on which the consignment was delivered.

Other regulations, place of jurisdiction

(1) The shipping and packaging guidelines of MPE.express DIGITAL SERVICES LLC apply.

(2) The sender can neither assign nor pledge claims against MPE.express DIGITAL SERVICES LLC, except for monetary claims.

(3) The sender can only offset claims of MPE.express DIGITAL SERVICES LLC or the contracted logistics service provider against legally established or undisputed claims.

(4) The exclusive place of jurisdiction for legal disputes with merchants, legal entities under public law or special funds under public law arising from contracts subject to these terms and conditions is the registered office of MPE.express DIGITAL SERVICES LLC.

(5) Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. Rather, in place of the invalid provision, a corresponding or at least close substitute provision shall apply which the parties would have agreed to achieve the same economic result if they had known of the invalidity of the provision. This shall apply in the case of incompleteness in accordance with

ADSp. of MPE.express DS LLC
GENERAL GERMAN FORWARDING CONDITIONS
A D S p.

1. duty to safeguard interests and exercise due care
The freight forwarder shall safeguard the interests of the principal and perform his duties with the
and to carry out his activities with the due care and diligence of a prudent businessman.
2. scope of application
2.1 The ADSp apply to contracts of carriage for all types of activities, irrespective of whether they are
whether they concern forwarding, freight, warehousing or any other business which normally
to the forwarding trade. This also includes normal forwarding
logistical services, if these are connected with the transport or storage of goods.
storage of goods.
2.2 In the case of contractually agreed freight forwarding services as defined in §§ 453 to 466 HGB, the freight
the freight forwarder is only responsible for the conclusion of the contracts required for the
contracts necessary for the performance of these services, unless otherwise stipulated by mandatory or
stipulate otherwise.
2.3 The ADSp do not apply to transactions the exclusive subject of which is
- packaging work,
-
the transport of removal goods or their storage,
-
crane or assembly work and heavy lift or high volume transports, with the exception of
with the exception of the transhipment activities of the freight forwarder,
-
the carriage and storage of goods to be towed or recovered.
goods to be towed or salvaged.
2.4 The ADSp do not apply to transport contracts with consumers.
A consumer is a natural person who enters into the contract for a purpose which is
purpose which cannot be attributed to his commercial or self-employed professional activity.
activity.
2.5 If trade customs or legal provisions deviate from the ADSp, the ADSp shall take precedence.
the ADSp shall prevail, unless the statutory provisions are mandatory or fixed in the
or are fixed in the ADSp.
In the case of contracts of carriage by air, sea, inland waterway or multimodal transports, deviating agreements
transport contracts for air, sea, inland waterway or multimodal transports, different
special conditions of carriage.
2.6 The freight forwarder is entitled to agree to the usual terms and conditions of third parties.
of third parties.
2.7 In the relationship between the first and the intermediate Freight Forwarder, the ADSp shall apply as general terms and conditions of the intermediate Freight Forwarder.
the general terms and conditions of the intermediate freight forwarder.
3. orders, transmission errors, contents, special types of goods
3.1 Orders, instructions, declarations and notifications are valid informally. Subsequent
Subsequent amendments must be clearly marked as such.
The burden of proof for the content as well as the correct and complete transmission shall be on the person who
shall be borne by the party invoking it.
3.2 Insofar as declarations are required to be in writing, remote data transmission and any other readable
and any other legible form, provided that it makes the issuer identifiable.
recognisable.
3.3 The principal must inform the freight forwarder, at the time of giving the instruction, of the fact that
subject of the forwarding contract are
- Dangerous goods
- Live animals and plants
- Perishable goods
- Particularly valuable goods and goods at risk of theft
3.3a Weapons, parts of weapons and ammunition covered by the War Weapons Control Act are excluded from carriage.
3.4 The principal shall state in the forwarding instruction the addresses, marks, numbers, number, nature and
of the packages, the characteristics of the goods within the meaning of section 3.3, the value of the
value of the goods for the purpose of insurance and all other circumstances which are
for the proper execution of the forwarding instruction.
3.5 In the case of dangerous goods, the principal must, when giving the instruction, inform the freight forwarder in writing about
the exact nature of the risk and, if necessary, the precautionary measures to be taken.
precautionary measures to be taken. If the goods are dangerous goods within the meaning of the
of the law on the transport of dangerous goods or other goods,
the transport or storage of which is subject to special regulations on dangerous
the principal shall provide all information necessary for the proper performance of the contract.
the proper performance of the contract, in particular
classification in accordance with the relevant dangerous goods legislation.
3.6 The principal must inform the freight forwarder about particularly valuable or theft-endangered goods.
goods (e.g. money, precious metals, jewellery, clocks and watches, precious stones, works of art, antiques, jewellery).
antiques, cheque cards, credit cards, valid telephone cards or other means of
other means of payment, securities, foreign currencies, documents, spirits, tobacco, entertainment
consumer electronics, telecommunication devices, computer equipment and accessories)
accessories) as well as for goods with an actual value of 50 euros/kg and more in
in writing sufficiently in advance of acceptance by the freight forwarder for the freight forwarder to be able to
the freight forwarder has the opportunity to decide on the acceptance of the goods and to take
and to take measures for a safe and secure execution of the order.
safe and secure execution of the forwarding instruction.
3.7 If a forwarding instruction does not comply with the conditions set out in sections 3.3 - 3.6, the
3.6, the freight forwarder is at liberty to,
-
refuse to accept the goods
-
return goods already accepted or hold them ready for collection, - return goods already accepted or hold them ready for collection
for collection,
-
dispatch, transport or store the goods without notifying the principal
or store it without notifying the principal and to demand an additional, reasonable remuneration
reasonable remuneration if safe and damage-free execution of the order is associated with increased costs.
and damage-free execution of the forwarding instruction is associated with increased costs.
3.8 The freight forwarder is not obliged to check or verify the information given in sections 3.3 to 3.6.
or to supplement the information given in sections 3.3 to 3.6.
3.9 The freight forwarder is not obliged to verify the authenticity of signa
the authenticity of the signatures on any notices or other documents concerning the goods or the
authority of the signatories, unless there is reasonable doubt as to the authenticity or authority of the signatures.
the authenticity or authority of the signatories.
4. packing, provision of loading and packing aids, weighing and inspection of the goods
inspection of the goods
4.1 Unless otherwise agreed, the instruction given to the freight forwarder does not include
4.1.1 the packing of the goods,
4.1.2 the weighing, inspection, preservation or improvement of the goods and their packaging, unless
4.1.2 the weighing, inspection, preservation or improvement of the goods and their packaging, unless this is customary in the trade,
4.1.3 the provision and exchange of pallets or other loading and packaging
packing materials.
If these are not exchanged step by step, collection shall only take place if a new order is placed.
new order is placed. This does not apply if the exchange is omitted at the instigation of the
at the instigation of the freight forwarder.
4.2 The services under section 4.1 are to be paid for separately.
5. customs clearance
5.1 The instruction for forwarding to a destination abroad includes
customs clearance if, without it, carriage to the place of destination cannot be effected.
to the place of destination is not possible.
5.2 For customs clearance the freight forwarder is entitled to charge, in addition to the actual
costs actually incurred.
5.3 The instruction to forward bonded goods or to deliver them free house
includes the authorisation for the freight forwarder to arrange for the necessary customs
customs formalities and the interpretation of the duties and taxes imposed by customs.
customs duties.
6. packing and labelling obligations of the principal
6.1 The packages shall be clearly and durably marked by the principal with the marks required for their proper handling.
the contract, such as addresses, marks, numbers, symbols, etc.
handling and properties; old marks must be removed or rendered unrecognisable.
old marks must be removed or made unrecognisable.
6.2 In addition, the principal is obliged,
6.2.1 to mark packages belonging to a consignment as belonging together in an easily identifiable way; the
easily identifiable as belonging together;
6.2.2 to prepare the packages in such a way that the contents cannot be accessed without leaving visible
without leaving externally visible traces (adhesive tape, strapping or similar).
are only sufficient if they are individually designed or otherwise difficult to imitate.
otherwise difficult to imitate; wrapping with film only if it is welded);
6.2.3 in the case of a consignment to be forwarded as consolidated goods, which consists of
pieces or units with a girth (largest circumference plus longest edge) of less than
edge) of less than 1 m, these must be grouped together to form larger packages.
to be grouped together;
6.2.4 in the case of a consignment to be dispatched by hanging garment and consisting of several pieces
6.2.5 on packages to be dispatched by hanging garment, to be grouped together to form handle units in closed sleeves;
6.2.5 on packages of 1 000 kg gross weight or more, the weight markings required by the
the law on the weight marking of heavy cargo carried on ships.
6.2.3 Packages shall be individual items.
6.3 Packages are individual items or units formed by the principal for the execution of the order.
the order, e.g. boxes, pallet cages, pallets, handle units, closed loading
closed loading units, such as covered wagons or wagons with tarpaulins, semi-trailers or swap bodies.
or covered wagons, trailers or swap bodies, containers, igloos.
6.4 If the packages do not comply with the conditions mentioned in 6.1 and 6.2, section 3.7 shall apply.
3.7 shall apply mutatis mutandis.
7. control duties of the freight forwarder
7.1 The freight forwarder is obliged to check at interfaces
7.1.1 check packages for completeness and identity as well as for apparent damage and integrity of packages
and integrity of seals and fastenings; and
7.1.2 to document irregularities (e.g. in the accompanying documents or by
special notification).
7.2 The interface is each transfer of packages from one legal entity to another and the
and the delivery at the end of each leg of the journey.
8. receipt
8.1 At the request of the principal, the freight forwarder will issue a receipt.
receipt.
In the receipt the freight forwarder confirms only the number and nature of the packages, but not their contents.
of the packages, but not their contents, value or weight. In the case of bulk
In the case of bulk goods, wagonloads and the like, the acknowledgement of receipt
the gross weight or the otherwise stated quantity of the goods.
quantity of the goods.
8.2 As proof of delivery, the freight forwarder must request from the consignee a receipt of the goods.
of the packages named in the forwarding instruction or in other accompanying
or other accompanying documents. If the consignee refuses to issue the receipt, the
If the consignee refuses to provide the receipt, the freight forwarder must ask for instructions. If the goods have
If the goods have already been unloaded at the consignee's premises, the freight forwarder is
take it back.
9. instructions
9.1 Instructions given with regard to the goods remain binding on the freight forwarder until they are revoked by the principal.
until revoked by the principal.
9.2 In the absence of sufficient or feasible instructions, the freight forwarder may, at his own
his own best judgement.
9.3 An instruction to place goods at the disposal of a third party can no longer be revoked as soon as the third party's
once the instructions of the third party have been received by the freight forwarder.
has been received by the freight forwarder.
10. freight remittance, cash on delivery
10.1 The principal's advice that the instruction is to be forwarded freight collect or the
for the account of the consignee or of a third party does not affect the principal's
does not affect the principal's obligation towards the freight forwarder to pay the freight
remuneration and other expenses.
10.2 The notification according to section 10.1 does not include a forwarding instruction.
11. deadlines
11.1 In the absence of an agreement, loading and delivery deadlines are not guaranteed,
nor a specific sequence in the handling of goods of the same type of transport.
mode of transport.
11.2 The legal liability of the freight forwarder for exceeding the delivery time remains unaffected.
the delivery time.
12. hindrances
12.1 Obstacles beyond the freight forwarder's control release him from liability for the time
the freight forwarder's sphere of risk, relieve him, for their duration, of his
fulfilment of which has become impossible.
In the case of an exemption according to sentence 1, the freight forwarder and the principal are entitled to withdraw from the contract.
the contract, even if the contract has already been partially performed.
has already been partly performed.
If the freight forwarder or the principal withdraws from the contract, the freight forwarder shall be
costs which he may reasonably have considered necessary or which are of interest to the principal.
of interest to the principal.
12.2 The freight forwarder is only obliged to check and advise the principal within the scope of his duty of care.
the principal as to whether there are legal or official obstacles to the
(e.g. import and export restrictions) exist. Insofar as the
the Freight Forwarder has given the impression through public announcements or in contract
the impression that he has special knowledge for certain types of business, he must
of certain types of business, he must fulfil his duties of inspection and advice accordingly.
duties accordingly.
12.3 Public law acts beyond the freight forwarder's control affect the rights of the freight forwarder towards his customers.
the rights of the freight forwarder towards his principal; the principal is liable to the freight
the freight forwarder for all consequences arising out of such events. Any
claims of the freight forwarder against the State or any other third party are
third party shall not be affected thereby.
13. delivery
Delivery shall be made with discharging effect to any person present in the
or house of the consignee, unless there are reasonable doubts as to their
of their entitlement to receive the goods.
14. duty of the freight forwarder to provide information and to surrender goods
14.1 The freight forwarder is obliged to provide the principal with all necessary information, to inform him, upon request, about the
information about the status of the transaction upon request, and to account for the
account after the execution of the transaction; he is only obliged to disclose the costs
only if he is acting on behalf of the principal.
14.2 The Freight Forwarder is obliged to disclose to the Principal everything he
the business and what he obtains in the course of the business.
15.
15. warehousing
15.1 The freight forwarder may choose to store the goods in his own or third party warehouses.
storage facilities. If the freight forwarder stores goods at a third party warehouse, he must inform the principal of the name and location of the third party.
the name and location of the third party warehouse keeper to the principal in writing.
or, if a warehouse warrant has been issued, to make a note of it on the warehouse warrant.
note on it.
15.2 The principal is free to inspect the storage premises or have them inspected.
have them inspected. Objections or complaints against the storage of the goods or against the choice
or against the choice of the storage place. If
If he does not make use of the right of inspection, he shall be released from all objections to the manner of storage.
the manner of storage, provided that the choice of the storage place and the
the choice of the storage room and the accommodation has been made with the care of a prudent
diteur.
15.3 The principal is only allowed to enter the warehouse if accompanied by the freight forwarder during his
during the Freight Forwarder's business hours.
15.4 If the principal handles the goods (e.g., taking samples), the freight forwarder
demand that the number, weight and nature of the goods be ascertained together with the principal.
weight and nature of the goods together with the principal. If the principal does not
If the principal does not comply with this request, the freight forwarder is not liable for damage
later ascertained, unless the damage was not caused by the handling of the goods.
damage is not due to the handling of the goods.
15.5 The principal is liable for all damage caused by him, his employees or agents when entering the warehouse.
or agents enter the warehouse or enter or drive upon the warehouse premises.
the freight forwarder, other warehouse staff or third parties when entering the warehouse or entering or driving on the warehouse premises.
third parties, unless the principal, his employees or agents are not at fault.
is not at fault.
15.6 In the case of inventory discrepancies, the freight forwarder is entitled, in the case of simultan
the same principal, the freight forwarder is entitled to balance the value of the
inventory.
15.7 If the freight forwarder has reasonable doubt as to whether his claims are covered by the value of the goods, he may
value of the goods, he is entitled to set a reasonable time limit for the principal to
reasonable period of time within which either the claims of the freight forwarder or his
the claims of the freight forwarder or to arrange for alternative storage of the goods.
the goods. If the principal does not comply with this request, the freight forwarder shall be
freight forwarder is entitled to terminate the contract without notice.
16. quotations and remuneration
16.1 Quotations from the freight forwarder and agreements with him regarding prices and services
and services relate only to the named services provided by the freight forwarder or third
services of third parties and only to goods of normal size, weight and nature.
weight and normal condition; they presuppose normal, unchanged transport
unimpeded connecting routes, the possibility of immediate re-dispatch and continued validity.
onward carriage as well as the continuation of the previous freight rates, value
and tariffs on which the agreement was based shall continue to apply, unless the changes are not
the changes were foreseeable in the light of the circumstances.
circumstances. A remark such as "plus the usual ancillary charges",
entitles the freight forwarder to charge extra fees and expenses.
charge.
16.2 All quotations made by the freight forwarder are subject to immediate acceptance and immediate execution of the relevant instruction.
execution of the relevant instruction, unless otherwise stated in the quotation, and only if
and only if reference is made to the quotation when the instruction is given.
reference is made to the offer when the order is placed.
16.3 If a forwarding instruction is cancelled or withdrawn, the freight forwarder is entitled to the claims
according to §§ 415, 417 of the German Commercial Law.
16.4 If a cash on delivery order or other collection order is subsequently withdrawn, or if the
or if the sum is not received, the freight forwarder may nevertheless charge commission.
charge.
16.5 If the consignee refuses to accept a consignment sent to him, or if the delivery is not
delivery is not possible for reasons beyond the freight forwarder's control, the freight
for reasons beyond the freight forwarder's control, the freight forwarder is entitled to the same cartage
the same amount as for the outward carriage.
17. expenses of the freight forwarder, claim for exemption
17.1 The freight forwarder is entitled to claim reimbursement of all reasonable
circumstances.
17.2 The instruction to take delivery of incoming goods authorises the freight forwarder to
the Freight Forwarder, but does not oblige him to pay freight, COD, duties, taxes and
duties, taxes and other charges as well as expenses.
17.3 The Freight Forwarder is not obliged to pay freight claims, average contributions, duties, taxes and other dues payable to the Freight Forwarder.
and other duties payable to the freight forwarder, in particular as the party entitled to dispose of or
as the party entitled to dispose of the goods or as the owner of third party goods, the principal must
the freight forwarder immediately upon request, if the freight forwarder is not responsible for such
the freight forwarder is not responsible. The freight forwarder is entitled, at his own discretion, to take appropriate
to take appropriate measures to secure or release him.
Unless immediate action is necessary, the freight forwarder shall ask for instructions.
the Freight Forwarder shall seek instructions.
17.4 The Principal must inform the Freight Forwarder in due time and in a manner customary in the trade about all
all public law, e.g. customs law, or third party rights, e.g. trade mark rights
third parties, e.g. trademark obligations, connected with the possession of the goods.
of the goods, unless it can be assumed, on the basis of the quotation of the
the freight forwarder's offer that he is aware of such obligations. 18.
18. invoices, foreign currencies
18.1 Invoices from the freight forwarder are to be settled immediately.
18.2 The freight forwarder is entitled, at his discretion, to demand payment from foreign principals or consignees in their national currencies.
in their national currency or in German currency, at his discretion.
German currency.
18.3 If the freight forwarder owes foreign currency or uses foreign currency, he is entitled to either
currency, he is entitled to demand payment either in the foreign or in German
German currency. If he demands payment in German currency, the conversion will be effected at the rate
rate officially fixed on the day of payment, unless it can be proved that a different rate of
another rate is to be paid or has been paid.
19. set-off, retention
Claims arising from the transport contract and related non-contractual claims may not be offset.
and related non-contractual claims, offsetting or retention is only
only with counterclaims which are due and for which there is no objection.
objection.
20. lien and right of retention
20.1 The freight forwarder has a lien on all claims, whether due or not, which he has
from the principal arising out of the services mentioned in section 2.1.
lien and a right of retention over the goods or other valuables in his possession.
goods or other assets at his disposal. The right of lien and retention
right of lien and retention does not exceed the statutory right of lien and retention.
20.2 The freight forwarder may not exercise a lien or right of retention for claims
from other contracts concluded with the principal only if they are undisputed.
only if the claims are undisputed or if the financial situation of the debtor does not
ner jeopardises the claims of the freight forwarder.
20.3 The time limit of one month specified in section 1234 of the German Civil Code (BGB) is replaced in all cases by two weeks.
two weeks in all cases.
20.4 If the principal is in arrears, the freight forwarder is entitled, after due notice of
goods and valuables in his possession such a quantity as, in his opinion, is reasonable.
goods and valuables in his possession to the extent that, in his reasonable opinion, is
satisfaction.
20.5 In all cases the freight forwarder may deduct a sales commission from the net proceeds.
20.5 For pawn sales or self-help sales the freight forwarder may in all cases charge a sales commission on the net proceeds at the usual local rates.
21. insurance of the goods
21.1 The freight forwarder arranges for the insurance of the goods (e.g., transport or warehouse insurance) with an insurer of his choice.
insurance) with an insurer of his choice, if instructed to do so by the principal before
prior to the handing over of the goods.
If, due to the nature of the goods to be insured or for any other reason, the freight forwarder cannot
insurance cover due to the nature of the goods to be insured or for any other reason, the freight forwarder shall
the principal without delay.
21.2 The freight forwarder is entitled, but not obliged, to arrange insurance for the goods, if this is in the interest of the principal.
if this is in the interest of the principal. The freight forwarder may
assume that arranging insurance is in the interest of the principal, especially if the
is in the interest of the principal, in particular if
-
the freight forwarder has arranged insurance for a previous contract of carriage, - the freight forwarder has arranged insurance for a previous contract of carriage, and
has
-
the principal has stated a value for the goods in the forwarding instruction (section 3.4).
The presumption of interest in obtaining insurance cover does not exist
in particular, there is no presumption of interest if
-
the principal prohibits the insurance cover in writing,
-
the principal is a freight forwarder, carrier or warehouse keeper.
21.3 The freight forwarder must decide on the type and scope of the insurance and
and to take out such insurance at the usual market rates, unless the principal
unless the principal instructs the freight forwarder, stating the sum insured and the
the sum insured and the risks to be covered, unless the principal instructs the freight
instruction.
21.4 If the freight forwarder is the policy holder and has acted for the account of the principal, the freight forwarder is
principal's account, the freight forwarder is obliged, upon request, to provide an
to submit an invoice. In this case the freight forwarder has to pay the premium for each individual
individual transport contract, document it and pay it in full exclusively for this insurance cover.
the full amount to the insurer exclusively for this insurance cover.
insurer exclusively for this insurance cover.
21.5 The Freight Forwarder is responsible for arranging the insurance, collecting the indemnity and other
other activities in connection with the handling of insurance claims and averages, the
the freight forwarder is entitled to a special fee in addition to his
22.
22. liability of the freight forwarder, cession of claims for compensation
22.1 The freight forwarder is liable for all his services (section 2.1) in accordance with the law.
statutory provisions. However, the following provisions apply, unless mandatory o-
of the GTC do not provide otherwise.
22.2 If the freight forwarder is only responsible for arranging the contracts necessary for the performance of the contractual services, the following provisions apply.
contracts necessary for the performance of the services, he is only liable for the careful
selection of the third parties engaged by him.
22.3 In all cases where the freight forwarder is liable for loss of or damage to the goods, he shall be
for loss of or damage to the goods, he must compensate the value of the goods and the costs
HGB.
22.4 If sections 425 et seq. and 461 paragraph 1 of the German Commercial Law do not apply, the freight forwarder is liable for
damage arising out of
22.4.1
-
insufficient packaging or labelling of the goods by the principal or third
principal or third parties;
22.4.2
-
agreed or customary storage in the open air;
22.4.3
-
aggravated theft or robbery (§§ 243, 244, 249 StGB);
22.4.4
-
force majeure, effects of the weather, damage to equipment or pipelines
damage to equipment or pipes, influence of other goods, damage by animals,
natural alteration of the goods
only insofar as he is proven to have culpably caused the damage.
is proved. If damage could have arisen from one of the circumstances listed above, it shall be
circumstances listed above, it shall be presumed to have arisen therefrom.
22.5 If the freight forwarder has a claim against a third party for damage for which he is not liable, or if the
third party for which he is not liable, or if the freight forwarder has a claim against a third party that
liability, he must, upon request, cede such claims to the principal.
the principal at his request, unless the freight forwarder, by special agreement, does not
claims for the account and at the risk of the principal by special agreement.
and risk of the principal.
The principal may also demand that the freight forwarder cedes to him all claims against third parties.
claims against third parties on account of performance. § Section 437 HGB remains unaffected.
remain unaffected.
Insofar as the claims of the principal have been met by the freight forwarder or by his
insurance, the claim to assignment shall only extend to the amount of the
the claim against the third party which exceeds the amount paid by the freight forwarder or the insurance.
of the claim against the third party.
23. limitations of liability
23.1 The liability of the freight forwarder for loss of or damage to goods (goods in transit) is limited to the amount
damage to goods (damage to goods) is, with the exception of warehousing upon
limited
23.1.1 to € 5 per kg gross weight of the consignment;
23.1.2 in the case of damage to the goods occurring during carriage by a means of
means of transport, notwithstanding sub-clause 23.1.1, to the maximum liability
the maximum amount of liability laid down by law for such carriage;
23.1.3 in the case of a contract of carriage for carriage by various means of
means of transport, including carriage by sea, by way of derogation from
23.1.1. to 2 SDRs for each kilogram.
23.1.4 in each case of loss or damage, to a maximum of € 1 million or 2 SDRs
for each kilogramme, whichever is the greater.
23.2 If only individual packages or parts of the consignment have been lost or damaged, the maximum
the maximum amount of liability is calculated on the basis of the gross weight
-
of the whole consignment, if the whole consignment has been cancelled
-
the invalidated part of the consignment, if only part of the consignment has been
of the consignment is invalidated.
23.3 The liability of the Freight Forwarder for damage other than to goods, with the exception of
damage to goods other than personal injury and damage to goods that are not
limited to three times the amount payable for the loss of the goods, up to a maximum of
maximum of € 100,000 per claim. Sections 431
par. 3, 433 HGB remain unaffected.
23.4 The liability of the freight forwarder is limited in all cases, irrespective of the number of claims arising out of an event of damage.
claims arising out of one event are made, is limited to € 2
2 Millions per event or 2 SDR's for each kg of lost or damaged goods
and damaged goods, whichever is the greater, in the case of multiple
In the case of more than one claimant, the freight forwarder's liability shall be proportionate to their claims.
claims.
23.5 For the calculation of the SDR § 431 Abs. 4 HGB applies.
24. limitations of liability for warehousing upon instruction
24.1 The liability of the freight forwarder for loss of or damage to goods (damage to goods) is limited in the case of warehousing upon
damage to goods) in the case of warehousing upon instruction is limited to
24.1.1 to € 5
for each kilogram of gross weight of the consignment,
24.1.2 a maximum of € 5,000
per event of damage; if the damage suffered by a principal consists in
a difference between the target stock and the actual stock (section 15.6),
the amount of liability shall be limited to € 25.000
irrespective of the number of items
the inventory difference. In both cases para.
24.1.1 shall remain unaffected.
24.2 Clause 23.2 shall apply mutatis mutandis.
24.3 The liability of the freight forwarder for damage other than to goods with the exception of
damage to goods other than personal injury and damage to goods that are not subject of the
limited to € 5,000
per event.
24.4 The liability of the freight forwarder is limited in all cases, irrespective of the number of claims arising out of an event.
claims arising out of any one event shall be limited to € 2
million per event of
event; in the case of more than one claimant the freight forwarder's liability is
proportion of their claims.
25. burden of proof
25.1 In the event of damage, the principal must prove that the freight forwarder was in possession of goods of a
quantity and quality of the goods without apparent damage (§ 438 HGB).
(§ 438 German Commercial Law). The freight forwarder must prove that he handed over the goods as
goods as he received them.
25.2 It is not possible to prove that damage to the goods occurred during transport by
means of transport (section 23.1.2) shall lie with the party claiming such damage.
alleges this. If the place of damage is unknown, the freight forwarder must, at the request of the
the principal or consignee, the freight forwarder shall, upon request of the principal or consignee
documentation (section 7). It shall be presumed that the
damage is presumed to have occurred on the route for which the freight forwarder has
the freight forwarder fails to produce an unreserved receipt.
25.3 The freight forwarder is obliged to ascertain, by obtaining information and evidence, where the damage occurred.
and evidence to ascertain where the damage claimed occurred.
occurred.
26. non-contractual claims
The above exemptions from and limitations of liability apply mutatis mutandis.
434, 436 of the German Commercial Code (HGB) also apply to non-contractual claims.
(27) Qualified fault
The above exemptions from and limitations of liability do not apply if
the damage has been caused
27.1 caused by intent or gross negligence of the freight forwarder or his management
or by a breach of a condition which goes to the root of the contract.
in the latter case being limited to foreseeable, typical damage.