The Allgemeine Deutsche Spediteurbedingungen (ADSp) is a collection of terms and conditions used by German freight forwarders. They serve as a basis for the business relationships between the forwarders and their customers and regulate, among other things, the transportation of goods, the liability of the forwarder, insurance coverage, and freight settlement.
In the logistics industry, the ADSp is of great importance as they create uniform terms and standards for the cooperation between forwarders and their customers. The ADSp applies to all types of transportation, including road, rail, sea, and air freight.
The ADSp also contains provisions regarding the liability of the forwarder. They specify that the forwarder is liable for damages that may occur during transport. However, the liability of the forwarder can be restricted by the agreement of liability limits.
General Principles of Liability: The ADSp define the general principles of liability under which a forwarder is liable for damages that occur during the performance of their services. This includes liability for loss or damage to goods as well as for delay damages.
Liability Limits: The ADSp set limits on liability. These limits restrict the maximum amount of liability that a forwarder must cover in the event of damage. These limits are often defined per kilogram of the damaged or lost goods or as a maximum amount per claim.
Exclusions and Limitations of Liability: The ADSp contain provisions on certain circumstances under which the forwarder's liability is excluded or limited. This includes cases of force majeure, unavoidable events, or damages caused by the specific nature of the goods.
Duties of the Client: The ADSp also regulate the duties of the client, such as proper packaging and labeling of goods. Failure to meet these duties can lead to a restriction or exclusion of the forwarder's liability.
Statute of Limitations: The ADSp set deadlines for asserting claims against the forwarder. These limitation periods are important, as claims cannot be asserted after these periods have expired.
Insurance: The ADSp often contain provisions on the extent to which the forwarder is obliged to take out insurance for the transported goods.
Another important aspect of the ADSp in the logistics industry is the regulation of freight settlement. The ADSp stipulates how freight costs are calculated and how they should be divided among the parties involved.
Overall, the ADSp is an important tool in the logistics industry as they establish clear and uniform rules and standards for the cooperation between forwarders and their customers. They provide transparency and help to avoid disputes and misunderstandings.
Please note that the ADSp are regularly updated, so the exact provisions depend on the current version of the ADSp. It is advisable to consult the latest version of the ADSp or seek legal advice to obtain accurate information about the liability regulations.
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