1. We work exclusively on the basis of the German Freight Forwarders’ Standard Terms and Conditions – ADSp, latest version.
  2. In clause 23, the ADSp limit the statutory liability for damage to goods in accordance with § 431 of the German Commercial Code (HGB), for damage in the custody of a freight forwarder to € 5/KG; in the case of multimodal transports including carriage by sea to 2 SDR/KG and, in addition, per claim or event to € 1 million or 2 SDR/KG (irrespective of how many claims are made from one claim, limited to € 2 million per claim or 2 SDR/KG), whichever is higher.
  3. It is further agreed that:
    1. In accordance with Article 27 ADSp, neither the liability of the freight forwarder nor the attribution of fault to persons and other third parties is extended in favour of the principal in derogation of statutory provisions such as Sections 506, 507 HGB, Art. 25 MÜ, Art. 36 CIM, Art.20 CMR, Art. 21 CMNI,
    2. the freight forwarder as carrier is only liable for his own fault in the cases of nautical fault or fault on board listed in section 512 paragraph 2 no. 1 HGB, and
    3. the freight forwarder as carrier within the meaning of the CMNI is not liable for nautical negligence, fire on board or defects of the vessel under the conditions specified in Art. 25 (2) CMNI.