Revised version of German Freight Forwarders´ Standard Terms and Conditions (ADSp 2017)

This time numerous interest groups took part in the negotiations for the amendment of the German Freight Forwarders' Standard Terms and Conditions (ADSp), in order to compile a sustainable, inter-sectoral revised version of the ADSp. All participants point out that with the agreement on the German Freight Forwarders' Standard Terms and Conditions 2017 (ADSp 2017) a reconciliation of interests between all parties involved could be achieved, which was transferred into inter-sectoral rules and standards. With the ADSp 2017 the companies of the freight forwarding industry, the freight forwarders and carriers, now have a revised version available, which participating associations recommend applying. From the 1st of December 2016 EgeTrans Internationale Spedition GmbH works on basis of the new ADSp 2017. We hereby present you the main changes of the revised version.

Increase of limits of liability in comparison to the ADSp 2016:
The ADSp 2017 contains fundamental alterations of the limits of liability, which above all imply a reconciliation of interests of forwarders.
- For each damage case the limit for freight forwarding contracts increases from 1 Mio. Euro to 1.25 Mio. Euro.
- The maximum liability for ''other than damage to property'' is increased by 25% to 125.000 Euro.
- The limit of liability for each damage event is increased from 2 Mio. Euro to 2.5 Mio. Euro.
- For ordered warehousing the limit of liability is increased for each damage case from 25.000 Euro to 35.000 Euro.
- In case of differences between calculated and actual stock the maximum liability for each depositor and year is increased from 50.000 Euro to 70.000 Euro.

Regulation for the liability of the principal (new in the ADSp 2017):
The liability of the principal (e.g. for incorrect specifications of the goods or insufficient packaging) is limited to 200.000 Euro per damage event, excluding a qualified fault of the principal.

Modification of the liability for multimodal transports:
In the ADSp 2017 §§407 et seq. of the German Commercial Code (freight contract) will no longer be continuously applied.
- If the place of damage is unknown the liability is 2 SDR/kg
- If the place of damage is unknown also §§512 et seq. of the German Commercial Code apply. This means that the carrier can invoke exemption from liability in case of damage due to nautical fault or fire on board.

Maximum liability amount for the damage of goods:
The maximum liability amount for the damage of goods (§ 504 German Commercial Code) applies again. The maximum liability amount is 666.67 SDR per piece or unit, or 2 SDR per kg of the raw weight of the good, depending on whichever amount is higher. The ADSp 2017 also contain changes regarding the regulation for a non-compliance of loading and unloading times.

You find the German Freight Forwarders' Standard Terms and Conditions 2017 (ADSp 2017) here on our website or on the website of the DSLV.