GERMAN FREIGHT FORWARDERS‘ STANDARD TERMS AND CONDITIONS 2017 2 www.dslv.org Contracts about the presentation of manned motor Vehicles 1.9 Time of Performance for use on instruction by the Principal shall also be deemed The time (date, time of day) up to a particular performance as Freight Forwarding Contracts (“Lohnfuhrverträge”). must be taken place, for example a Time Frame or Point of Time. 1.12 Interfaces After acceptance and before Delivery of the goods by the 1.17 Valuable Goods Freight Forwarder, Interfaces are defined as any transition of Good, at the time and place of taking over, with an actual the goods from one legal person to another an y tranship- value of at least 100 Euro/kg. ment from one Vehicle to another, any (temporary) storage. 1.5 Vehicle 1.7 Loading Means Means of transport for the transportation of goods on traffic Means for the aggregation of Packages and for the creation routes. of loading units, such as pallets, container, swap trailers, bins. 1.16 Material Contractual Obligations 2. Scope of application Material Contractual Obligations are defined as those that initially enable the contractually agreed fulfilment of the 2.1 The ADSp cover all Freight Forwarding Contracts undertaken Freight Forwarding Contract and on which the contracting by the Freight Forwarder as contractor. partner is entitled to reasonably rely on. 2.2 Statutory provisions which cannot be modified by pre-for- 1.10 Packages mulated standard terms and conditions take precedence over Single items or units formed by the Principal for the fulfil- the ADSp. ment of the order with or without Loading Means, which the Freight Forwarder must handle as one ensemble (freight item 2.3 The ADSp do not apply to businesses that are exclusively as defined by sections 409, 431, 504 German Commercial dedicated to: Code (HGB). 2.3.1 packaging, 1.8 Place of Loading/Discharge The postal address, if the parties have not agreed on a more precise location. 2.3.2 transportation and warehousing of towed or salvaged goods, 2.3.3 transportation and warehousing of removal goods according to section 451 HGB, 1.19 Point of Time Agreed Point of Time for the arrival of the Freight Forwarder at the Place of Loading or Place of Discharge. 2.3.4 storage and digitalisation of files; files are all types of embodied and digitalised business papers, documents, data storage mediums and similar objects for information collection, 1.2 Principal 2.3.5 abnormal and heavy-load transports, which require a trans- Legal person which concludes a Freight Forwarding Contract portation regulation permission or exception, crane services with the Freight Forwarder. and associated assembly work, 1.15 Shipper Legal Person, which hands over the goods for transportation according to the Freight Forwarding Contract or on a valid instruction. 1.3 Theft-Sensitive Goods Theft-Sensitive Goods are those exposed to an increased risk of robbery and theft, such as money, precious metals, jewellery, watches, precious minerals, art, antiques, check books, credit cards and/or other payment means, stocks and security papers, documents, spirits, tobacco, entertainment electronic goods, telecommunications goods, IT equipment and accessories as well as smart cards. 1.18 Time Frame Agreed Time Frame for the arrival of the Freight Forwarder at the Place of Loading or Place of Discharge. 2.4 The ADSp do not apply to Freight Forwarding Contracts with consumers as defined in Section 13 German Civil Code (BGB). 3. Obligation of the Principal regarding placing of orders, information requirements, special goods 3.1 The Principal shall inform the Freight Forwarder about all relevant parameters affecting the carrying out of the order. These include 3.1.1 addresses, type and quality of the goods, the gross weight (including packaging and Loading Means) or otherwise specified quantities, marks, numbering, quantities and type of Packages, specific characteristics of the goods (such as live animals and plants, perishability), the value of the goods (for example for customs purposes or the insurance of goods according to clause 21 ADSp) and Delivery times,
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