12.1 If the freight forwarder is unable to take over the goods or is unable to do so on time, he must notify the client or shipper immediately and obtain appropriate instructions. Section 419 of the German Commercial Code (HGB) applies accordingly. The client remains entitled to terminate the transport contract without the freight forwarder being entitled to assert claims under Section 415 (2) of the German Commercial Code (HGB).
12.2 Impediments to performance that are not attributable to the risk area of a contracting party shall release the contracting parties from their performance obligations for the duration of the disruption and the extent of its effect.
Such impediments to performance include force majeure, riots, acts of war or terrorism, strikes and lockouts, blockades of transport routes and other unforeseeable, unavoidable and serious events.
In the event of an impediment to performance, each contracting party is obliged to inform the other party immediately; the freight forwarder is also obliged to obtain instructions from the client.
Editor of the ADSp : German Freight Forwarders and Logistics Association (DSLV), Weberstraße 77, 53113 Bonn | Berlin office: Platz vor dem Neues Tor 5, 10115 Berlin | www.dslv.org