General Terms and Conditions of JH Logistik GmbH and JH High & Heavy GmbH
§ 1 General – Field of Application
These terms and conditions apply to all our present and future business relationships with our customers. Our offers, deliveries and services shall be carried out exclusively in accordance with the following terms and conditions and with the German Forwarder’s General Terms and Conditions of Trading (ADSp 2017) or, for heavy goods transport or crane work, with the current version of the general terms and conditions of the Federal Expert Group for Heavy Goods Transports and Crane Work (BSK). Even if acknowledged, differing, conflicting or supplementary general terms and conditions will not become an integral part of the contract unless their validity is expressly agreed in writing. This applies as well to the ADSp, to the extent that they contradict the provisions contained in these conditions.
§ 2 Conclusion of Contract
Our offers are subject to change. Modifications in the rendering of performance shall remain subject to change, within the bounds of what is reasonable, provided such modifications do not detract from the essence of the contractual agreement. In particular, a change in the planned ship or modification of the ship’s departure and/or arrival time will be considered a reasonable change if the change or modification is decided by the shipping company. Acceptance is subject to the condition that the transport is carried out by the competent authorities (e.g. harbour master’s office) and the competent shipping company and its representatives (e.g. ship’s crew).
§ 3 Terms of Transport for the Shipping of Vehicles on Ro-Ro Ships/Ferries
Vessels used for sea transport must have sufficient lashing capabilities that enable vehicles to be secured on the ship’s deck in a seaworthy manner (any items loaded on the vehicle by the customer must be loaded and lashed so that the items are securely stowed, including during heavy seas or other stresses that are encountered during transport). The customer must always inform those at the loading site that the vehicle will not only be transported by land, but will be also be transported by ferry for a portion of the trip, and to make sure that the items are loaded in a seaworthy manner even upon their initial loading. In some harbours the harbour master will decide if the vehicle is acceptable for shipping or if it should be denied shipment. For example, if the weight or the design of the vehicle could possibly damage the terminal. This point also applies to the same extent regarding the ship and any decisions made by the captain/loading officer. The customer is responsible in the event a decision is made to deny loading. Shipping companies reserve the right to change the scheduled ship at any time and on short notice. Acceptance of the customer’s booking can therefore change on short notice if, for example, the ramp inclination or ramp capacity of the scheduled ship is no longer sufficient for the original ground clearance and/or weight requested. No dangerous goods, with the exception of normal quantities of fuel for the vehicle itself, may be contained in vehicles. Vehicles must be in perfect, drivable and clean condition. As a general rule, the captain of each ship always has the final decision as to whether the vehicle is permitted to be shipped or not. In all other respects, the regulations contained in the German Forwarder’s General Terms and Conditions of Trading (ADSp) shall apply.
§ 4 Terms of Transport for Handling Conventional Cargo and Breakbulk
The cargo and/or individual packages must have sufficient fastening and lashing capabilities for road, rail, inland water vessel and/or sea transport so that the cargo can be safely stowed on the vehicles when being transported by road and/or rail, when being handled by cranes and against other possible damage. As a general rule, we assume that harmless goods are being shipped. Dangerous goods must be specifically mentioned and/or announced with all necessary details. All required papers must be provided by the sender. In all other respects, the regulations contained in the German Forwarder’s General Terms and Conditions of Trading (ADSp 2017) shall apply. Vehicles must be in perfect, drivable and clean condition. Since the submitted values for dimension and weight have already been booked, changes in dimensions and weights will result in higher transport costs and possibly in a delay of the transport. During loading and unloading, the customer is responsible for ensuring all access roads and/or streets remain free and unhindered. Provided it is not confirmed in writing, no special stowing and/or handling regulations are taken into account for the shipment. Work resulting from this will be billed separately. Unless arranged elsewhere, all necessary lash work/materials and welding work/materials are generally excluded for shipments. . In some harbours the harbour master will decide if the shipment is acceptable for shipping or if it should be denied. For example, it could be denied in instances where the weight or design of the shipment could damage the terminal or its transhipment facilities. This point also applies to the same extent regarding the ship and any decisions made by the captain/loading officer. The customer is responsible in the event a decision is made to deny loading. As a general rule, the captain of each ship always has the final decision as to whether the shipment is permitted to be shipped or not. Time tables, surcharges (bunker surcharges, etc.) are subject to change without prior notice. The transport times/departure times stated are non-binding and merely informative. Departure times can by changed by the shipping company without stating a reason. In all other respects the German Forwarder’s General Terms and Conditions of Trading (ADSp 2017) shall apply.
§ 5 Transport Terms for Heavy Loads and Crane Operations
All of our crane and heavy goods transport services are based on the die Federal Expert Group for General Business Terms of the Heavy Goods Transports and Crane Work (BSK) , as long as they do not conflict with any binding statutory regulations.
§ 6 Liability
Pursuant to clause 23 of ADSp 2017, liability for loss and damage of goods, which is limited under Section 431 of the German Commercial Code (HGB) to 8,33 Special Drawing Right per kilogram (SDR/kg), is further limited to the higher of Euro 1 million and 2 SDR/kg per claim provided that all claims per event are limited to the higher of Euro 2 million and 2 SDR/kg; and where multimodal transport with sea carriage is involved to 2 SDR/kg.
The parties agree subsidiary, that (1) clause 27 ADSp does neither extend the liability nor the responsibility of the forwarder for agents, servants, employees or crewmembers beyond legal regulations as Art. 507 HGB, Art. 25 MC, Art. 36 CIM, Art. 20, 21 CMNI for the benefit of the principal, (2) the freight forwarder as a sea carrier is only liable for fault of his own part in case of risks provided in Art. 512 paragraph 2 no. 1 HGB such as default in navigation of the ship or fire on board and the freight forwarder as a carrier defined in CMNI is relieved of liability in compliance with the requirements provided in Art. 25 paragraph 2 CMNI such as default in navigation of the ship, fire on board or defects of vessel.
Pursuant to clause 23 of ADSp 2017, our liability is limited as follows.
23. Limitations of Liability
23.1 The Liability of the Freight Forwarder for loss and damage of goods, with the exception of warehousing on reuqest, is limited under Section 431 of the German Commercial Code (HGB)
23.1.1 to € 8,33 Special Drawing Right per kilogram (SDR/kg);
23.1.2 in case of damage occurring to goods whilst being carried, the damage is limited – contrary to section 23.1.1 – to the legally limited maximum amount specified for this type of carriage;
23.1.3 for a transportation contract of multi-modal carriage – including sea transport – to 2 SDR per kg,contrary to section 23.1.1;
23.1.4 to € 1,25 million or 2 SDR per kg per claim, whichever is the higher
23.2 If only individual packages or parts of the consignment were damaged or lost, the maximum liability is calculated on the basis of the gross weight- – of the whole consignment if it is rendered valueless- – of that part of the consignment that is rendered valueless
23.3 The liability of the freight forwarder for damage other than to goods, excepting personal injury and damage to goods that are not subject of the contract of transportation, is limited to three times the amount payable for the loss of the goods, but not more than € 100,000 per eventSections 431 paragraph 3 and 433 HGB (German Commercial Code) remain unaffected.
23.4 The liability of the freight forwarder, regardless of the number of claims per event is limited to € 2,5 Millions per event or 2 SDR per kg of lost or damaged goods, whichever is greater; in the case of more than one claimant the freight forwarder’s liability is proportionate to their individual claims
23.5 The SDR is calculated in accordance with Section 431, paragraph 4 of the German Commercial Law.
§ 7 Final Conclusions
German law applies exclusively. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded. Jurisdiction for all mutual rights and obligations as well as the place of fulfilment is Bremen, provided the customer is a merchant as defined by the commercial code. However, we are still entitled to bring suit against the customer at his residence or at his general place of jurisdiction.
If the provisions of this contract and/or these General Terms and Conditions are or become wholly or partially inoperative, the validity of the remaining provisions shall remain unaffected. The inoperative regulation shall be replaced by a revision that corresponds as much as possible to the purpose of the pursued regulation.