Terms and conditions

Applicable forwarding conditions

All our services are performed exclusively on the basis of the German Freight Forwarders’ Standard Terms and Conditions (Allgemeine Deutsche Spediteurbedingungen).

We trade on the ADSp 2017, as stated on our certifications page. TO CONFIRM: confirm whether a later edition has since been adopted, and whether any Hansa-specific amendments apply

The ADSp limit liability for loss of or damage to goods in the forwarder’s care to €5 per kilogram of gross weight, and additionally to €1 million or €2 per kilogram (whichever is higher) per damaging event, and to €2 million or €2 per kilogram (whichever is higher) per event where several claimants are involved. Different limits apply to warehousing. We draw your attention to these limits expressly, and to the fact that cargo insurance is available and is usually the appropriate response to them.

A copy of the applicable conditions is available on request, free of charge.

Mandatory carriage regimes

Where a movement falls under an international carriage convention, that convention prevails over these conditions to the extent of any conflict. Depending on the leg, that may be:

• CMR — international carriage of goods by road.
• CIM/COTIF — international carriage of goods by rail.
• Montreal Convention — international carriage by air.
• Hague-Visby / Hamburg Rules — carriage by sea, as applicable to the bill of lading.
• German Handelsgesetzbuch (HGB), §§ 407 ff. — domestic carriage and forwarding.

Dangerous goods: your obligations

We handle Class 1 and other regulated cargo, and doing so lawfully depends on what you tell us. You must:

• Declare the full and correct nature of the goods, including UN number, proper shipping name, class, division, compatibility group, packing group and net explosive quantity where applicable, before booking.
• Ensure goods are classified, packed, marked, labelled and documented in accordance with the regime applicable to each leg (ADR, RID, IMDG, ICAO-TI/IATA-DGR or the relevant national code).
• Provide all licences, permits, end-user documentation and prior authorisations required at origin, at destination and in transit.
• Tell us immediately of any change affecting classification, quantity, routing or timing.

A misdeclaration is not a paperwork error. It endangers crews, terminals and the public, and it is a criminal offence in most of the jurisdictions we operate through. We may refuse, hold, unload, return or — where necessary for safety — render safe any consignment that is misdeclared or non-compliant, at your cost, and we will report it where we are obliged to. You indemnify us against all consequences of an incorrect or incomplete declaration.

Quotations and acceptance

Quotations are non-binding and based on the information given at the time, on the routing and mode stated, and on the rates, surcharges, exchange rates and regulatory position then applying. A contract arises only on our written confirmation of the booking. Duties, taxes, demurrage, detention, storage, escorts, permits, inspections and authority charges are for your account unless expressly quoted as included.

Payment

TO CONFIRM: state payment terms — net days, late-payment interest under § 288 BGB, and any right of retention or lien beyond the statutory forwarder’s lien under § 464 HGB

Insurance

We arrange cargo insurance only where you instruct us to do so in writing, and as agent rather than as insurer. Absent such an instruction, the goods travel uninsured beyond the liability limits described above.

Sanctions and export control

We do not accept instructions that would breach EU, German, UN, UK or US sanctions or export-control law, and we screen parties and destinations accordingly. You warrant that the movement you instruct does not breach any such measure, and that any licence required has been obtained. We may suspend or terminate performance where a sanctions concern arises, without liability.

Governing law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance and jurisdiction are as provided in the applicable forwarding conditions.

Please note

This page summarises the basis on which we trade. It does not replace the applicable conditions themselves, and in any conflict those conditions and the individual booking confirmation prevail.