We work as a freight forwarder and shipbroker. As a freight forwarder, we conclude our contracts exclusively on the basis of the German Freight Forwarders’ Standard Terms and Conditions 2016 (ADSp 2016). We provide our logistics services, insofar as these are not subject to the ADSp 2016, on the basis of the Logistics General Terms and Conditions as of July 2019. In clause 23, the ADSp 2016 further limit the statutory liability for damage to goods , which is  8.33 SDR/kg in accordance with the statutory regulation in section 431 of the German Commercial Code (HGB), to € 1 million per case of damage or € 2 million per damage event or to 2 SDR/kg, whichever is higher. In the case of multimodal transports including carriage by sea, the limit of liability is generally 2 SDR/kg. Insofar as we act as Ship Broker, the bill of lading conditions and/or standard conditions of the shipping company represented shall apply to the contracts of carriage. Our brokerage contracts we conclude  on the basis of the General Terms and Conditions for Ship Brokers and Ship Agents in Germany, latest version. Arbitration agreements do not apply.

Important information on the situation surrounding the COVID-19 virus and/or other pandemics:

Our offers and agreements always refer only to our own named services or services of third parties and are subject to normal, unchanged transport conditions and unrestricted transport routes. Delays and additional costs of any kind are to be expected in the current situation regarding the spread of the COVID-19 virus and/or other pandemics. These costs shall be borne exclusively by the customer and the shipment and will be invoiced separately.

The ADSp 2016, the  Logistics General Terms and Conditions as of July 2019 , as well as the General Business Conditions for Ship Brokers And Shipping Agents In the Federal Republic of Germany  can be read on our webpage  and downloaded. “We only accept orders on the basis of our compliance clause, which you can download here on our website.

Download der Allgemeinen Deutschen Spediteurbedingungen (PDF, deutsch)

Download der Allgemeinen Deutschen Spediteurbedingungen (PDF, english)

Download der Logistik-AGB (PDF, deutsch)

Download Logistics terms and conditions (PDF, english)

Download AGB Schiffsmakler Schiffsagenten (PDF, deutsch)

Download General Business Conditions for ship brokers and shipping agents (PDF, english)

Download Compliance Klausel (PDF, deutsch)

Download Compliance Claus (PDF, english)

INCOTERMS® 2020

The INCOTERMS 2020 (International Commercial Terms) are globally recognized trade rules developed by the International Chamber of Commerce (ICC). They define the responsibilities of buyers and sellers in international trade, particularly regarding the delivery of goods, cost allocation, and risk transfer.

Key Aspects of INCOTERMS 2020:

1. Duties and Obligations: Clear allocation of responsibilities for transportation, insurance, duties, and other costs.
2. Risk Transfer: Defines the point where the risk of loss or damage to the goods shifts from the seller to the buyer.
3. Transportation Modes: Applicable to various transport methods (e.g., sea, air, or road).

Changes in INCOTERMS 2020:

1. DAT Renamed to DPU: “Delivered at Terminal” (DAT) was renamed to “Delivered at Place Unloaded” (DPU) to reflect broader applicability.
2. Insurance for CIP: The required insurance coverage for “Carriage and Insurance Paid To” (CIP) was raised to a higher level, while “Cost, Insurance and Freight” (CIF) retains the minimum standard.
3. Flexible Transportation Options: More clarity for using the buyer’s or seller’s own transport, especially in FCA, DAP, DPU, and DDP.
4. Enhanced Guidance: Each term includes expanded explanatory notes for practical use.

The 11 INCOTERMS 2020:

They are categorized into two groups:

Applicable to All Transport Modes:

1. EXW (Ex Works): Goods are made available at the seller’s premises, with the buyer bearing all costs and risks from there.
2. FCA (Free Carrier): Seller delivers the goods to a carrier or location chosen by the buyer; risk transfers at that point.
3. CPT (Carriage Paid To): Seller pays for transportation to the destination, but the risk transfers earlier.
4. CIP (Carriage and Insurance Paid To): Similar to CPT, but the seller also provides insurance.
5. DAP (Delivered at Place): Seller delivers to a named destination; the buyer assumes risks and costs from unloading.
6. DPU (Delivered at Place Unloaded): Like DAP but includes unloading by the seller.
7. DDP (Delivered Duty Paid): Seller delivers to the destination and covers all costs, including customs duties.

Applicable to Sea and Inland Waterway Transport:

1. FAS (Free Alongside Ship): Goods are placed alongside the ship; the buyer assumes costs and risks from that point.
2. FOB (Free On Board): Seller delivers the goods onto the ship; risk transfers once the goods cross the ship’s rail.
3. CFR (Cost and Freight): Seller pays for transportation to the destination port; risk transfers at loading.
4. CIF (Cost, Insurance and Freight): Like CFR, but the seller also provides insurance.

INCOTERMS 2020 aim to reduce misunderstandings in global trade by providing a common framework. Businesses should carefully select the appropriate term and specify it clearly in their contracts.