General Terms and Conditions of Logistics- Services Providers 2019 (Logistics GTC) The following text is a translation of the German version of the Logistic GTC. In case of doubts, the German version of the Logistic GTC shall prevail. Preamble The General Terms and Conditions of Logistics-Services Providers 2019 (Logistics GTC) were created with the participation of the Institute for Logistics Law and Risk Management (ILRM) and are recommended for use as of July 1, 2019 by the Federal Association of Road Haulage, Logistics and Disposal (BGL), the Federal Association of Furniture Forwarders and Logistics (AMÖ) and the German Association for Freight Forwarding and Logistics (DSLV). This recommendation is non-binding and the contract parties are free to make agree- ments that deviate from the contents of this recommendation. 1. Scope of application, priority of ADSp 2017 1.3 Service Provider is that party that has been instructed to provide logistics services. 1.1 These Logistics GTC apply to all (supplementary) logistics services that are not subject to 1.4 If the ADSp have been agreed in addition to these Logistics GTC, the terms and conditions of the ADSp — a Freight Forwarding Contract (“Verkehrsvertrag”) shall take precedence, insofar as individual clauses according to the German Freight Forwarders’ contradict each other. Standard Terms and Conditions 2017 (ADSp 2017) or 1.5 A reference to the ADSp in these Logistics GTC — a transport, freight forwarding or warehousing contract always includes a reference to the current version in force at the time of conclusion of the contract, unless the parties have agreed to another version of but that are provided by the Service Provider and the ADSp. are commercially connected to such a contract, in particular to services within a supply chain. 1.6 These Logistics GTC do not apply to freight forward- Such logistics services may be activities for the Principal or third parties named by him, like, for ing contracts with consumers within the meaning of Section 13 German Civil Code (BGB). example, order acceptance (call center), goods handling, goods inspection, goods preparation, country and customer-specific adaptation of goods, assembly, repair, quality control, price labeling, shelf service, installation or the placing into operation of goods and commodities or activities in connec- tion with the planning, implementation, steering or 1.7 These Logistics GTC do not apply to business trans- actions, which have as their sole object: 1.7.1 storag e and digitalization of files; files are all types of embodied and digitalized business papers, docu- ments, data carriers as well as similar items serving the purpose of gathering information ; control of the order, process, sales, recycling and 1.7.2 heavy or oversized transports, the execution of which information management. requires a permit or exception under applicable 1.2 Principal is that party that instructs his contracting partner with the provision of logistics services. transportation regulation, crane services or related assembly work. Federal Association for Freight Forwarding and Logistics
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