German Freight Forwarders’ Standard Terms and Conditions
Polzug Intermodal operates exclusively subject to the most recent version of the German Freight Forwarders’ Standard Terms and Conditions (Allgemeine Deutsche Spediteurbedingungen, ADSp), which therefore serve as our terms and conditions of business.
In particular we would like to point out the limitation of liability detailed in Section 23 ADSp, which deviates from § 461 I 2 of the German Commercial Code (HGB) as compared with § 431 I and II of the German Commercial Code:
In Section 23, the ADSp limits the liability of the freight forwarder for loss of or damage to goods to € 5 per kilogram of gross weight of the consignment. In case of a contract of multi-modal carriage - including sea transport - to 2 SDR per kg; and beyond this to € 1 million or 2 SDR per kg per claim, whichever is the higher. The parties agree subsidiary, that paragraph 27 ADSp does neither extend the liability nor the responsibility of the forwarder for agents, servants, employees or crewmembers beyond legal regulations as Art. 25 MC, Art. 36 CIM, Art. 21 CMNI, § 660 HGB for the benefit of the principal.
The place of fulfilment is Hamburg. The place of jurisdiction for all disputes is Hamburg, however we are also entitled to sue the contractor before the appropriate court in Warsaw. The laws of the Federal Republic of Germany shall apply.
* The Special Drawing Right (SDR) is an artificial currency unit which is not traded on the currency markets. It was introduced by the International Monetary Fund (IMF) in 1969. The current value of the SDR is determined on a daily basis and published by the IMF.