TRANSPORT CONDITIONS
JH Ferry GmbH
We operate exclusively in accordance with the “Allgemeine Deutsche Spediteurbedingungen 2017” (ADSp 2017) – German Freight Forwarders’ General Terms and Conditions 2017 – and, in addition, in accordance with the “Allgemeine Geschäftsbedingungen für Schiffsmakler und Schiffsagenten innerhalb der Bundesrepublik Deutschland” – German
Shipbrokers’ General Terms and Conditions -, as well as the General Business Terms and Conditions of the involved carriers and shipping lines.
Note: In clause 23 the ADSp 2017 deviates from the statutory liability limitation in section 431 German Commercial Code (HGB) by limiting the liability for multimodal transportation with the involvement of sea carriage and an unknown damage location to 2 SDR/kg and, for the rest, the customary liability limitation of 8,33 SDR/kg additionally to Euro 1,25 million per damage claim and EUR 2,5 million per damage event, but not less than 2 SDR/kg.
In addition, it is agreed that (1) Section 27 ADSp does not extend the liability of the Freight Forwarder or the attribution of fault to persons and other third parties in deviation from statutory provisions such as § 507 HGB, Art. 25 MÜ, Art. 36 CIM, Art. 20, 21 CMNI in favor of the Customer, (2) the Freight Forwarder as carrier in the cases of nautical fault or fire on board listed in § 512 Para. 2 No. HGB, the forwarder as carrier is only liable for his own fault in the cases of nautical fault or fire on board, and (3) the forwarder as carrier in the sense of the CMNI is not liable for nautical fault, fire on board or defects of the vessel under the conditions specified in Art. 25 Para. 2 CMNI.
For the complete text of ADSp 2017, please refer to the following link:
https://schunck-group.de/wp-content/uploads/DSLV-RS_276-2016-c_Anlage.pdf