We work with
inland shipping transport exclusively on the basis of the Internationale
Verlade-und Transportbedingungen (IVTB), with freight forwarding companies
exclusively on the basis of the Allgemeine Deutsche Spediteurbedingungen (ADSp
2017) in the current valid version. The IVTB and ADSp 2017 can be requested
from us or viewed/downloaded here.
In Section 17(2) IVTB, the IVTB restrict the compensation to be paid by the
freight carrier due to loss or damage of the goods to 2 XDR/kg. The ADSp 2017
differ significantly from the law in clause 23 with regard to the maximum
liability amount for goods damage (Section 431 HGB), in that they limit the
liability in the case of multi-modal transport including carriage by sea and
where the site the damage occurred is known to 2 XDR/kg and in other cases, the
standard liability of 8.33 XDR/kg in addition to 1.25 million euros per damage
claim, and 2.5 million euros per damage occurrence, however a minimum of 2
XDR/kg.
In addition, it is agreed that (1) clause 27 ADSp expands neither the liability
of the freight forwarder nor the imputation of fault of people and other third
parties, deviating from the legal requirements such as Section 507 HGB, Art 25
MÜ, Art. 36 CIM, Art. 20, 21 CMNI in favour of the client, (2) the freight
forwarder as shipper is only liable for their own fault in the nautical fault
cases listed in Section 512(2) no. 1 HGB or in case of fire on board and (3)
the freight forwarder as carrier within the meaning of CMNI under the
requirements listed in Art. 25(2) CMNI is not liable for nautical fault, fire
on board or vessel deficiencies.
All bookings from us are made subject to the correct information provided by
the sender with regard to quantity, dimensions, weight, condition and contents
and the issue of any required transport permits. We expressly do not assume any
liability for delays or cancellations in the transport process of any kind for
which we are not responsible. German law shall apply. The place of fulfilment
and jurisdiction for both sides is the shipping court of Duisburg-Ruhrort.
