AGB

1. Scope

We act as a freight forwarder (Spediteur). All offers, orders and services are subject to the Allgemeine Deutsche Spediteurbedingungen 2017 (ADSp 2017), as supplemented by the terms below. Where these terms and the ADSp 2017 conflict, these terms prevail; where they are silent, the ADSp 2017 and statutory law apply.

These terms apply to entrepreneurs within the meaning of § 14 BGB. For consumers, statutory law applies without restriction and the limitations in the ADSp 2017 apply only to the extent legally permitted.

2. Notice: the ADSp 2017 depart from statutory law

The ADSp 2017 limit liability in ways that differ from the German Commercial Code. In particular, liability for loss of or damage to goods in the forwarder's care is limited by weight — the ordinary limit for carriage being 8.33 Special Drawing Rights per kilogram of gross weight — and further per-event ceilings apply, including for multimodal carriage involving sea transport.

This is a summary, not the clause. The full text of the ADSp 2017 governs and is supplied on request and free of charge before any order is placed. TODO — have this section checked against the current ADSp text and confirmed by a lawyer, and link the full text here.

3. Quotations and conclusion of contract

Quotations are based on the information you give us and are valid for the period stated on the quotation. A contract comes into being when we confirm the order in writing, in text form, or by beginning to carry it out.

Prices assume the freight or vehicle is as described. Where the actual weight, dimensions, condition or accessibility differs from what was stated, we are entitled to re-price the order before collection and you are entitled to withdraw at that point at no cost.

4. Your obligations

• Describe the goods accurately, including weight, dimensions, stackability and any special handling requirement
• Pack and label the goods so that they withstand the transport and handling normal for the service booked
• Declare dangerous goods in advance with UN number, class and packing group, and supply the required documents
• Ensure that a person authorised to hand over or receive is present at the agreed place at the agreed time
• Ensure that loading and unloading points are accessible to the vehicle type agreed

5. Vehicle transfers on their own wheels

A vehicle transfer, in which a driver moves a vehicle under its own power, is not carriage of goods. Its own terms apply and are agreed in writing before collection.

The customer warrants that the vehicle is registered and roadworthy, carries valid plates and a valid technical inspection, and is covered by motor insurance effective for the journey. The customer names the insurer and the policy before collection.

Condition is recorded photographically at collection and at delivery, together with odometer and fuel readings, and countersigned at both ends. These records are the agreed basis for assessing any dispute about condition.

Kilometres covered on the agreed route are an inherent part of the service and are not a defect. Fuel, charging, tolls, ferries and any parking are billed at cost against receipts.

6. Prices, waiting time and additional costs

Prices are quoted net of value added tax. Free loading and unloading time is stated on the order; time beyond it is charged at the rate stated there.

Additional stops, out-of-hours delivery, tail-lift or private-address delivery, failed collections and abortive journeys are charged as agreed on the order. Nothing is invoiced that was not either on the order or agreed with you in text form before it was incurred.

7. Payment

TODO — state your payment terms: net days, whether new customers pay in advance, and the default interest rate applied. Set-off and retention rights are restricted to undisputed or legally established claims.

8. Insurance

We maintain forwarder's liability insurance to the ADSp 2017 limits. Those limits are calculated by weight and are frequently below the commercial value of the goods.

Cargo insurance for the actual value of the goods can be arranged on your instruction, and must be requested before collection. Where you do not request it, the weight-based limits apply.

9. Claims

Visible loss or damage must be noted on the delivery receipt at the time of delivery. Damage that is not apparent must be notified in text form within the statutory period. Please notify us as well as the carrier, and keep the packaging until the claim is settled.

10. Governing law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is TODO — state the agreed venue, for dealings with merchants. Mandatory jurisdiction rules, including those of the CMR, remain unaffected.