GTC

The abbreviation AGB stands for “General Terms and Conditions” and refers to standardized contractual terms and conditions that companies define for their customers or business partners. These terms and conditions serve to regulate the legal framework of a collaboration and clarify aspects such as delivery terms, payment modalities, liability issues and other contractual details.

For freight forwarders, the German Freight Forwarders’ Standard Terms and Conditions (ADSp) are used instead of conventional General Terms and Conditions (AGB) because the ADSp are specifically tailored to the complex requirements and legal circumstances in the freight forwarding and logistics sector. Here are some of the main reasons why the ADSp are preferred:

1. specialization in the logistics sector:

The ADSp were developed by the German Freight Forwarding and Logistics Association (DSLV) specifically for the logistics and freight forwarding industry. They cover all relevant aspects that play a role in typical forwarding contracts, such as:

• Liability issues for loss of or damage to transported goods
• Packaging and loading of the goods
• Obligations and rights of freight forwarders and consignors
• Insurance conditions and exclusions of liability. Since freight forwarders often provide complex services that go beyond pure transportation (e.g. storage, customs clearance, handling), the ADSp offer more specific regulations that meet the special requirements of this industry.

2. standardization and acceptance in the industry:

The ADSp are a standardized set of contracts that are widely accepted and recognized in the logistics industry. Both forwarders and shippers are familiar with the contents, which reduces misunderstandings or uncertainties when drafting contracts. This provides both parties with a common legal basis.

In contrast, general terms and conditions are usually more general and often not specific enough to cover the numerous special cases that can arise in freight forwarding. In addition, GTCs can vary from company to company, which can lead to uncertainties.

3. liability regulations:

A key point in favor of applying the ADSp is the clearly defined liability regulations. The ADSp precisely define the extent to which a freight forwarder is liable for loss or damage during transportation. These liability limits are precisely specified in the ADSp, e.g. in relation to the weight of the shipment. Such regulations are often not regulated sufficiently or specifically enough in typical general terms and conditions to do justice to the complex logistical processes.

4. consideration of international regulations:

There are special regulations for international transportation, such as the CMR agreement (for international road freight transport). The ADSp are designed to be compatible with these international regulations and take their requirements into account. GTCs, on the other hand, are often not designed for the international movement of goods and therefore do not offer the same legal certainty.

5. flexibility and adaptability:

The ADSp offer a certain degree of flexibility by leaving room for individual agreements between the contracting parties. Companies can deviate from certain ADSp regulations if this is stipulated in the contract. This flexibility combined with the specialization in the logistics industry makes the ADSp a more suitable framework than general terms and conditions.

Conclusion:

The ADSp are tailored to the specific needs of the logistics and freight forwarding industry and provide clear regulations regarding liability, obligations and rights that are not covered as comprehensively in the general terms and conditions. The acceptance and standardization of the ADSp in the industry make them the preferred choice for freight forwarders, as they provide both legal certainty and transparency and cover the specific requirements of the freight forwarding industry.