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:

ADSp 2003 engl. version

CMR engl. version

http://www.zoll.de/EN/Businesses/Work/Foreign-domiciled-employers-posting/Minimum-conditions-of-employment/Minimum-pay-pursuant-Minimum-Wage-Act/minimum-pay-pursuant-minimum-wage-act_node.html

 

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.