Immediate Response

1. Interest of the principal and due care
The freight forwarder shall act in the interest of his principal and fulfill his duties with
due care.
2. Area of application
2.1 The Terms & Conditions apply to all contracts for the transportation of goods, irrespective of
whether they concern freight forwarding, carriage, warehousing or other services
common to the forwarding trade; these also include logistical services commonly
provided by freight forwarders in connection with the carriage or storage of goods.
2.2 In the case of forwarding services regulated by sections 453 to 466 of the German
Commercial Law (HGB), the freight forwarder is only responsible for arranging the
necessary contracts required for the performance of these services, unless other
legal provisions take precedence
2.3 The Terms & Conditions are not applicable for contracts that deal exclusively with
- packaging,
- the carriage of removal goods and their storage,
- crane lifting, assembly jobs or heavy lift and high volume transports, except for
normal transhipment services of the freight forwarder.
- the carriage and storage of goods to be towed or salvaged.
2.4 The Terms & Conditions are not applicable for transport contracts with consumers. Consumers are
natural persons concluding the contract for reasons other than commercial or in
pursuit of their professional activities.
2.5 If trade customs or legal provisions differ from the Terms & Conditions, the Terms & Conditions take precedence
unless these legal provisions are mandatory.
For contracts of carriage by air, sea, inland waterways or for multi-modal transports
different contractual arrangements may be made in accordance with the terms of
carriage devised for these transports.
2.6 The freight forwarder is authorised to agree to normal standard terms and conditions
of third parties.
2.7 In the relationship between a principal freight forwarder and an intermediate freight
forwarder, the Terms & Conditions are deemed to be the general terms and conditions of the
intermediate freight forwarder.
3. Instructions, transmission errors, contents, special type of goods
3.1 Forwarding instructions, other instructions, directives and communications are valid
even if given informally. Subsequent modifications must be specifically identifiable as
being amendments.
The burden of proof for the correct and complete transmission lies with the party
referring to it.
3.2 If statements must be made in writing, they are deemed to having been made in
writing when using electronic data communication or any other machine readable
form for as long as the originator of the message is identifiable.
3.3 The principal must inform the freight forwarder, at the time of giving the instructions,
that the transport contract concerns:
- dangerous goods
- live animals and plants
- perishables
- valuable goods and goods with an inherent risk of theft
3.4 The principal must specify in his instructions addresses, marks, numbers, quantity,
nature and contents of the packages as well as declaring the properties of the goods,
as required by section 3.3, the goods value for insurance purposes and any other
information relevant for the proper execution of the forwarding instructions.
3.5 In the case of dangerous goods, the principal must inform the freight forwarder in
writing - at the time of giving the instructions - of the exact nature of the hazard and, if
appropriate, about precautionary measures. In the case of dangerous goods subject
to the law for the carriage of dangerous goods or other goods, the carriage of which
is subject to specific regulations regarding dangerous goods, their handling or their
disposal, the principal has to make the necessary declarations required for the proper
execution of the forwarding instruction, especially the classification in accordance
with the regulations for dangerous goods.
3.6 The principal must inform the freight forwarder about particularly valuable goods or
goods with an inherent risk of theft (e.g., cash, precious metals, jewellery, clocks and
watches, precious stones, works of art, antiquities, bank or credit cards, valid
telephone cards or other means of payment, bonds, shares and similar, foreign
currencies, documents, spirits, tobacco, entertainment electronics,
telecommunications devices and accessories) and goods with an actual value of € 50
per kg or more well in advance to allow the freight forwarder to decide about
acceptance of the goods and to take measures for a safe and secure execution of
the forwarding job.
3.7 If a forwarding instruction does not comply with the terms stated in sections 3.3 to
3.6,
the freight forwarder has the option to
- refuse acceptance of the goods
- return goods already accepted or to make them available for collection
- ship, transport or store them without the need to notify the principal and to charge
an extra, appropriate fee, if the safe and secure execution of the instruction
causes extra costs.
3.8 The freight forwarder is not obliged to check or supplement the statements made
regarding sections 3.3 to 3.6.
3.9 The freight forwarder is not obliged to check the authenticity of signatures on any
messages or documents relating to goods, nor to check the authority of the
signatories, unless there exist reasonable doubts concerning the authenticity or
authority.
4. Packaging, provision of loading and packaging aids, weighing and checking
4.1 Unless specifically stated, the forwarding instruction does not cover
4.1.1 the packaging of the goods,
4.1.2 the weighing, checking, measures to preserve or enhance the goods and its
packaging, unless this is customary for this kind of transaction,
4.1.3 the provision or exchange of pallets or other loading or packaging aids. If they are not
swapped one-for-one, they are only picked up as part of a new forwarding instruction.
This does not apply if the exchange is intentionally not carried out by the freight
forwarder.
4.2 The services under section 4.1 are charged for separately.
5. Customs clearance
5.1 The instruction for shipment to a destination in another country includes instructions
for customs clearance, if this is necessary for arranging the transport to the place of
destination.
5.2 The freight forwarder is entitled to an extra fee for the customs clearance, over and
above the actual costs incurred.
5.3 The instruction to forward bonded goods or to deliver them free house, authorises the
freight forwarder to effect the customs clearance and to advance customs and excise
duties and fees.
6. Packaging and marking obligation of the principal
6.1 The packages have to be clearly and durably marked by the principal to facilitate their
proper handling, e.g. addresses, marks, numbers, symbols for handling and
properties; old marks must be removed or made illegible.
6.2 In addition, the principal is under obligation:
6.2.1 to mark all packages belonging to the same consignment in such a way that they are
easily recognised as forming one consignment,
6.2.2 to prepare packages in such a way that they may not be accessed without leaving
visible trace (adhesive tape, bands, etc. are only permissible when they are
individually designed or otherwise difficult to imitate; foil wrapping must be thermally
sealed);
6.2.3 in case of a consignment being part of a forwarders consolidation, to group the
individual packages or units of this consignment into larger units if their strap length
(largest circumference plus longest side) is less than 1 metre;
6.2.4 to combine a consignment of hanging garments consisting of several individual units
into wrapped units for easier handling;
6.2.5 to mark packing units with a gross weight of at least 1,000 kilograms with the weight
specification as prescribed for heavy loads to be transported by ship.
6.3 Packages are single packages or units of packages, formed by the principal for the
purpose of being carried according to the forwarding instruction, e.g., boxes,
wireboxes, pallets, handling units, enclosed loading units such as covered wagons,
wagons with tarpaulin covers, semi-trailers, swap bodies, containers or igloos.
6.4 If the packages do not comply with the terms under 6.1 and 6.2, section 3.7 shall
apply.
7. Supervisory duties of the freight forwarder
7.1. At specific interfaces the freight forwarder is under the obligation to:
7.1.1 check packages regarding their quantity, identity and apparent good order and
whether seals and fastenings are intact;
7.1.2 document irregularities (e.g. in the accompanying document or by special notification
7.2 An interface is any point at which the responsibility for the packages is passed on to
another operator/agent or the handing over point at the end of each stage of the
transportation process.
8. Receipt
8.1 Upon request by the principal, the freight forwarder shall issue a certificate of receipt.
With this certificate the freight forwarder confirms the quantity and type of packages,
but not their contents, value or weight. In the case of bulk goods, full loads and such
like the certificate of receipt does not state the gross weight or any other description
of the quantity of the goods.
8.2 As proof of delivery the freight forwarder requests from the consignee a receipt of the
packages as named in the forwarding instruction or other accompanying transport
documents. Should the consignee refuse to sign for the receipt of the goods, the
freight forwarder must request further instructions. If the goods have already been
unloaded at the consignee, the freight forwarder is entitled to regain possession.