We operate exclusively in accordance with the 2003 version of the Allgemeinen Deutschen Spediteurbedingungen - ADSp - (German Freight Forwarders' General Terms and Conditions). These limit in clause 23 ADSp the legal liability for damage to goods according to art. 431 of the German Commercial Code (HGB) in case of damage to goods whilst in the care of a forwarder to € 5/kg, in case of multimodal transports including sea transport to 2 SDR/kg and in addition to € 1 million per damage respectively to € 2 million per event or 2 SDR/kg whichever is the greater. Notwithstanding the ADSp (2.3), we shall be liable under the ADSp also for businesses that only operate in packaging and the conveying of packaging work. The parties agree subsidiary, that (1) clause 27 ADSp does neither extend the liability nor the responsibility of the forwarder for agents, servants, employees or crewmembers beyond legal regulations as Art. 507 HGB, Art. 25 MC, Art. 36 CIM, Art. 20, 21 CMNI for the benefit of the principal, (2) the freight forwarder as a sea carrier is only liable for fault of his own part in case of risks provided in Art. 512 paragraph 2 no. 1 HGB (default in navigation of the ship or fire on board) and (3) the freight forwarder as a carrier defined in CMNI is relieved of liability for default in navigation of the ship, fire on board or defects of vessel under the conditions mentioned in Art. 25 paragraph 2 CMNI. Place of performance and jurisdiction is Berlin, Germany; German law applies.
Crane work and heavy haulage is carried out based on the terms and conditions of the Bundesfachgruppe Schwertransporte und Kranarbeiten (German Expert Pool for Heavy Transport and Crane Work, AGB BSK Crane and Transport – current version).
If the ADSp are not applicable, the provisions of the HGB and CMR as well as the VBGL, for transports under our own name, still apply.
The Minimum Wage Act (Mindestlohngesetz - MiLoG) came into force in Germany on 1 January 2015. We comply fully with the statutory provisions of the Minimum Wage Act. In addition, by accepting a contract from us, every partner and subcontractor of M-B Logistik-Service Behrend & Waltmann GmbH undertakes, for his/her part, to comply fully with the provisions of the Minimum Wage Act, as amended.
Our partners and subcontractors are obliged to pay no less than the minimum wage, as determined by the Minimum Wage Act, to their employees working within the territory of the Federal Republic of Germany, to make payment at the proper time as defined by the Minimum Wage Act, to prepare the relevant documentation, to provide this to the relevant authorities and to retain it as required by the Minimum Wage Act.
Should the partner and/or contractor (subcontractor) infringe these obligations or fail to comply with them, he/she shall indemnify M-B Logistik-Service Behrend & Waltmann GmbH from any financial claims (and associated costs including fines) made by third parties.
Further information can be found through the following links:
MB Logistik Service Behrend & Waltmann GmbH accepts no responsibility for contents of third party websites, to which a link leads. The operators of linked websites are solely responsible their contents.
Anti-corruption and bribery clauses of M-B Logistik-Service Behrend & Waltmann GmbH:
ANTI-BRIBERY AND CORRUPTION CLAUSES
M-B Logistik-Service GmbH takes a zero tolerance approach to bribery and corruption within its business operations and those of third parties with whom it does business.
Accordingly, M-B Logistik-Service GmbH expects and requires that the contractual partner behaves in a professional and ethical manner at all times when doing business with M-B Logistik-Service GmbH and/or fulfilling contractual obligations towards third parties.
and/or fulfills contractual obligations towards M-B Logistik-Service GmbH or on behalf of M-B Logistik-Service GmbH or third parties.
PRIMARY DUTIES WITHIN THE FRAMEWORK OF THE PROHIBITION OF BRIBERY AND CORRUPTION.
To this end:
(1) the contractual partner shall comply with all laws, regulations or other provisions (including global as well as regional requirements) applicable to it in the fight against bribery and corruption, in particular
the US Foreign Corrupt Practices Act 1977 and the UK Bribery Act 2010 (hereinafter referred to as "Anti-Bribery and Corruption Laws");
(2) the Contractor shall establish its own policies and internal procedures to ensure proper compliance with anti-bribery and anti-corruption laws and shall maintain such policies and procedures throughout the term of the Agreement.
internal policies it shall maintain and keep current throughout the term of the Master Agreement;
(3) the Contractual Partner shall not perform any actions that result in M-B Logistik-Service GmbH violating anti-bribery and anti-corruption laws;
(4) the contractual partner shall immediately report to M-B Logistik-Service GmbH any case in which someone has forced him to make unjustified or illegal payments or other benefits of any kind which he has received in connection with the performance of this contract.
received in connection with the performance of the present contract.
This applies in particular to requests from:
Officials, political parties or party officials,
other persons, if there is knowledge of or reason to suspect that the payment or benefit is being offered, given or promised, in whole or in part, directly or indirectly, to any of the persons or entities specified above
is offered, given or promised;
(5) the Contractor shall ensure that any person associated with the Contractor who performs activities in connection with this Agreement complies with these primary obligations.
In addition to the primary obligations:
(1) the contractual partner confirms the compliance with the main obligations - as part of the Terms and Conditions of M-B Logistik-Service GmbH - by accepting our order;
(2) the contractual partner shall keep accurate and up-to-date records at its usual place of business showing all payments made to third parties in connection with the activities of the contractual partner on the basis of this contract, and
of this Agreement to third parties, thereby evidencing compliance with the primary obligations;
(3) the contractual partner shall provide M-B Logistik-Service GmbH with all information including documents proving compliance with these primary obligations, provided that M-B Logistik-Service GmbH
and the scope of the documents requested by M-B Logistik-Service GmbH is not unreasonable.
(4) the contractual partner shall support M-B Logistik-Service GmbH in all measures requested by an authority in a relevant jurisdiction for the purpose of compliance with anti-bribery and anti-corruption laws; M-B Logistik-Service GmbH shall not be held liable for any damages resulting from such measures.
(5) the contractual partner shall notify M-B Logistik-Service GmbH without delay of any official or supervisory control, audit or investigation of the activities of the contractual partner which are in
connection with this anti-corruption clause.
(1) If the contractual partner is aware of or has a reasonable suspicion of a violation of the aforementioned main obligations, whether by its own employees or by affiliated third parties, the contractual partner shall report the
the contractual partner shall notify M-B Logistik-Service GmbH of the violation or the suspected violation as soon as possible.
(2) If the contractual partner only suspects an infringement, the contractual partner shall take all necessary steps to determine whether an infringement has occurred.
(3) If the contractual partner reports a violation of the aforementioned main obligations (whether by employees of the contractual partner or by affiliated third parties) or if M-B Logistik-Service GmbH has knowledge
of or has reasonable suspicion of such a breach, the contractual partner shall provide M-B Logistik-Service GmbH with all relevant information and documents requested by M-B Logistik-Service GmbH,
which substantiate the infringement or the suspicion of infringement (the provision of documents pursuant to this subparagraph shall only take place to the extent that the exchange of information is compatible with applicable law (e.g. data protection laws or competition law provisions)).
or competition law provisions); if the contractual partner allows M-B Logistik-Service GmbH to question employees of the contractual partner whose questioning M-B Logistik-Service GmbH deems
(4) Unless otherwise determined by M-B Logistik-Service GmbH, all communication with M-B Logistik-Service GmbH, including documents from due diligence, investigations and reports,
shall be kept confidential.
(5) Any violation of anti-bribery and anti-corruption laws and/or violations of the primary obligations set forth in this anti-corruption clause shall constitute a material breach of contract.
Such a breach entitles M-B Logistik-Service GmbH to terminate the framework agreement without notice and to refuse payments to which the contractual partner would otherwise be entitled at the time of termination.
The contractual partner shall indemnify and hold harmless M-B Logistik-Service GmbH and the to the extent permitted by law with respect to all damages and costs caused by and/or related to such violations,
indemnify and hold harmless.
NO FAMILY TIES OF THE CONTRACTUAL PARTNER TO CIVIL SERVANTS
The CONTRACTOR represents and warrants that neither a public official nor any close family member of a public official directly or indirectly owns any stock/shares or other
beneficial ownership interest in the Contractor (except through ownership of publicly traded securities insufficient in amount to constitute a controlling interest), nor are they:
Directors, officers or agents of the Contractor, except with respect to any ownership, interest or position that the Contractor has disclosed in writing to the Buyer.
This also applies to any existing subsidiaries and parent companies. The foregoing representation and covenant shall remain in effect as long as this Agreement remains in effect. The contracting party agrees to inform the purchaser without delay
in writing of any developments that may affect the accuracy of the foregoing statement or undertaking.
In any event, if a public official or an immediate family member of a public official directly or indirectly owns or acquires stock/shares or other beneficial ownership interest in the contractor
owns or acquires, the contractor shall take appropriate steps to ensure that such public official or close family member of a public official avoids any
conflict of interest, complies with the legislation applicable to the performance of the contract, which prohibits conflicts of interest on the part of public officials, and complies with the anti-corruption provisions set out in this Annex.
and complies with the anti-corruption provisions set forth in this Annex. In the event of a violation of the aforementioned regulations, M-B Logistik-Service GmbH reserves the right to claim all damages incurred directly from the contractual partner.
M-B Logistik-Service GmbH is entitled to stop all payments immediately and if necessary to withdraw from the contract without compensation.
CODE OF CONDUCT
1. be a role model: show by your behavior that you neither tolerate nor support corruption.
2. Immediately repel attempts at corruption and inform your supervisor without delay.
3. If you suspect that someone is trying to ask you for preferential treatment in breach of your duties, ask a colleague to act as a witness.
4. work in such a way that your work can be checked at any time.
5. separate your work and private life. Check whether your private interests lead to a collision with your official duties.
6. assist your employer in detecting and investigating corruption. Inform your supervisor in the event of specific indications of corrupt behavior.
7. support your employer in recognizing faulty organizational structures that promote corruption.
8. And what should you do if you have already become entangled?
Free yourself from the constant fear of discovery! Come clean! Disclose on your own initiative!
If your statements lead to a complete clarification of the facts, this can be taken into account as a mitigating factor in legal reactions.
Translated with www.DeepL.com/Translator (free version)