ADSp

We work exclusively on the basis of the latest version of the German Freight Forwarders' Standard Terms and Conditions. We would like to point out that the ADSp 2017 contain liability provisions in sections 22 to 27, some of which deviate from the statutory provisions. Section 23 of the ADSp 2017 limits the statutory liability for damage to goods in accordance with Section 431 of the German Commercial Code (HGB) to 8.33 SDR/kg for damage in forwarding custody and to 2 SDR/kg for multimodal transports including sea transportation, as well as to 1.25 million euros or 2 SDR/kg per claim, whichever is higher. In the area of warehousing, Section 24 ADSp 2017 limits the liability of the freight forwarder for damage to goods to 8.33 SDR/kg, up to a maximum of 35,000 euros per claim. If the damage of a principal consists of a difference between target and actual stock levels, the liability of the freight forwarder is limited to EUR 70,000 per year. The liability of the freight forwarder for damage other than to goods, with the exception of personal injury and damage to goods of third parties, is limited to EUR 35,000 per claim. In any case, the liability of the freight forwarder, with the exception of personal injury and damage to third party goods, is limited to EUR 2.5 million per damage event, irrespective of the number of claims arising from one damage event; in the case of several claimants, the freight forwarder is liable in proportion to their claims.

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