Terms and Conditions – Freight Forwarder
This is a courtesy translation, provided for your convenience only. Please note that only the German version of these terms and conditions shall be part of the contract and be therefore legally binding.
We work exclusively on the basis of the German Freight Forwarders’ Standard Terms and Conditions 2017 (Allgemeine Deutsche Spediteurbedingungen 2017 – ADSp 2017). The ADSp limit the legal liability in accordance with § 449 HGB in number 23. You will find the complete ADSp 2017 here..
For our logistical services the Logistics Terms and Conditions (Logistik-AGB) shall apply additionally, in their newest version.
Our Standard Terms and Conditions (AGB) shall apply to all our services and shall prevail any other conditions:
Standard Terms and Conditions (AGB)
(as per 31.01.2018)
1. Exclusion of transportation / prohibited goods
From transportation are excluded:
1.1. All goods listed in number 1.3. ADSp 2017,
1.2. Furthermore, all means of payment, especially cash, securities, credit, bank or debit cards, phonecards or similar certificates of value;
1.3. Precious metals, jewellery, gems, real pearls, furs, carpets, clocks and watches, antiques, sculptures, exhibits and any other objects of art;
1.4. Firearms as well as parts of firearms and ammunition according to the definitions of the German weapons act (WaffG), except sporting arms;
1.5. Fragile goods (e.g. glass);
1.6. Inflammable and explosive goods;
1.7. Living or dead animals, medical or biological probes, medical waste, human or animal remains, body parts or organs;
1.8. Household goods;
1.10. All kinds of motor vehicles, especially motorbikes, motor scooters, motorboats, quad bikes, forklifts;
1.11. Dangerous goods within the meaning of the law;
1.12. Pharmaceuticals within the meaning of the law;
1.13. For cross-border transportation: Goods whose in- or export is prohibited by the laws of the shipping, transit or receiving country or which require special permits;
1.14. All shipments, if the consignee is listed in the attachments I to the EC Anti-Terror Regulations 2580/2001 and 881/2002 or any other sanctions list, each in its current version;
1.15. Non-hazardous and hazardous waste within the meaning of the German waste management act (KrWG) for domestic and international shipping;
1.16. Any radiation-sensitive goods, for which there is a risk of damage due to fluoroscopy, in particular X-rays, during security checks.
2. Legal consequences in case of infringements
2.1. Reimler is not obligated to check the existence of an exclusion of transportation. The consignor is obligated to check in advance and to inform Reimler at the time of the handover whether goods excluded from transportation within the meaning of number 1 are involved. In cases of doubt, the consignor must inform Reimler about this and seek his decision. If the consignor fails to do so, this is considered a declaration that the parcel does not contain any excluded goods.
2.2. The acceptance of goods excluded according to number 1 does not constitute a waiver of the exclusion of transportation.
2.3. If Reimler acquires positive knowledge of an exclusion of transportation according to number 1 after receiving the goods or if there are any specific indications for the existence of same, Reimler is entitled to refuse further transportation.
2.4. In addition to the cases governed by law, the consignor is liable for all direct or indirect damage incurred due to the shipment of goods excluded according to number 1.
2.5. In the event of a violation of the exclusions of transportation according to number 1, Reimler shall not be liable for any loss or damage.
3. Minimum Wage Act (MiLoG)
3.1. With regard to the Minimum Wage Act (MiLoG) in Germany, which came into force on 01.01.2015, we declare that we comply with the statutory provisions of the MiLoG, in particular in the area of minimum wages.
3.2. In addition, each subcontractor commits to accepting the MiLoG in its currently valid version.
3.3. In case of breach of the aforementioned obligations, the contractor (subcontractor) exempts Th. Reimler & Co. Nfl. GmbH from any financial claims of third parties and all costs including fines.
We have underwritten our liability insurance at Gothaer Allgemeine Versicherung AG, Gothaer Allee 1, 50969 Köln.
Exclusive place of jurisdiction, as far as permissible, for all mutual contractual claims is Hamburg. If we are liable as shipper, the liability according to § 414 HGB is limited to three times the amount of the freight.
District Court: Hamburg HRB 143923
Place of jurisdiction: Hamburg (District Court Hamburg-Mitte)
Managing director: Dieter Christiansen
VAT ID number: DE 118542003, tax number: 46/763/03559