24.1 The liability of the freight forwarder for damage to goods is limited in the case of ordered storage
24.1.1 in accordance with Section 431 paragraphs 1, 2 and 4 of the German Commercial Code (HGB) to 8.33 Special Drawing Rights for each kilogram,
24.1.2 a maximum of 35,000 euros per claim.
24.1.3 If the loss suffered by a client consists in a difference between the target and actual inventory levels, the freight forwarder's liability shall, in derogation from clause 24.1.2, be limited to EUR 70,000 per year, regardless of the number and form of inventories carried out and the number of claims causing the inventory discrepancy.
24.2 The Client may, against payment of a surcharge to be agreed, specify in writing before storage a value to increase the liability that exceeds the maximum amounts specified in clause 24.1. In this case, the value specified in each case shall replace the relevant maximum amount.
24.3 The liability of the freight forwarder for damages other than to goods, with the exception of personal injury and material damage to third-party goods, is limited to EUR 35,000 per claim in the case of ordered storage.
24.4 The liability of the freight forwarder – with the exception of personal injury and damage to third party goods – is in any case, regardless of how many claims are made from a single damage event, in the case of ordered storage on
2.5 million euros per loss event; if there are several injured parties, the freight forwarder is liable in proportion to their claims. Clause 24.2 remains unaffected.
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