General terms and conditions

This English translation is provided for information only. Only the German version is legally binding.

1. Scope

These general terms and conditions (terms) apply to all contracts of NB Spedition GmbH, Boehringerstraße 16, 68307 Mannheim (“we”), for transport, freight forwarding, courier and related logistics services.

Our services are offered exclusively to entrepreneurs within the meaning of section 14 BGB (German Civil Code), legal entities under public law and special funds under public law (“customer”). We do not conclude contracts with consumers within the meaning of section 13 BGB.

The customer’s general terms and conditions only apply if we have expressly agreed to them in text form; this also applies if we perform services in the knowledge of deviating terms. Individual agreements made in a specific case take priority over these terms and the ADSp 2017 (section 305b BGB).

2. Enquiries and conclusion of contracts

Our forms, the route planner and telephone enquiries are for non-binding contact. An automated acknowledgement of receipt is not acceptance of an order. A contract is only concluded by our order confirmation in text form or by the start of performance. Quotations, prices and binding commitments are given exclusively by our team; the AI telephone assistant takes down requests but does not make quotations or accept orders.

3. Scope of services

The mode of transport, consignment, collection and delivery locations, dates and additional services are set out in the order confirmation. We only owe loading, unloading, tail lift, storage, customs handling or special delivery services if they have been agreed. We are entitled to engage other carriers and subcontractors to perform the services; we are liable for them in accordance with the statutory provisions and the ADSp 2017. Map views and Google Maps routes on our website are planning aids, not a commitment to a particular route or delivery date.

4. Customer’s obligations

In good time before placing the order, the customer provides us with correct and complete details of the type and contents of the consignment, value, weight, dimensions, number of packages, addresses, time windows and special requirements, together with the necessary accompanying documents (clause 3 ADSp 2017). Dangerous goods, temperature-controlled, particularly valuable or theft-prone goods and other goods requiring special handling must be declared in text form before the order is placed and require our express consent. The customer packs and marks the goods so that they are safe for transport (clause 6 ADSp 2017). Loading and load securing follow the agreement and the statutory provisions (section 412 HGB, German Commercial Code).

5. Delivery periods and impediments to performance

Delivery periods and dates are only binding if expressly agreed as binding; otherwise section 423 HGB applies. Clause 12 ADSp 2017 applies to impediments to performance that do not fall within our sphere of risk. We inform the customer without delay of any foreseeable impediments and obtain any necessary instructions.

6. Charges and payment

The agreed prices apply. All prices are net plus statutory VAT. We charge tolls, waiting time and demurrage (clause 11 ADSp 2017) and other additional costs insofar as they have been agreed or result from the ADSp 2017 or the law. Invoices are payable within the agreed payment period or, if none has been agreed, immediately upon receipt without deduction (clause 18 ADSp 2017).

7. Changes and cancellation

Changes to the order require our confirmation in text form; additional work is charged separately. The sender’s right of termination under section 415 HGB remains unaffected; claims upon termination are governed by section 415(2) HGB.

8. Application of the ADSp 2017 and liability

We work exclusively on the basis of the German Freight Forwarders’ Standard Terms and Conditions 2017 (ADSp 2017). They apply to all transport-related contracts that fall within their scope under clause 2 ADSp 2017, in particular freight forwarding, carriage, warehousing and other transactions customary in the freight forwarding business. The transactions listed in clause 2.4 ADSp 2017 are not covered, in particular packaging work, the carriage of removal goods, crane and assembly work, heavy-load and oversized transport and the carriage of goods to be towed or salvaged; the statutory provisions and the agreements made in the individual case apply to these. These terms supplement the ADSp 2017; in the event of a conflict, the ADSp 2017 take priority.

We will provide the full text of the ADSp 2017 free of charge on request; it is also available from DSLV, the German Freight Forwarding and Logistics Association: ADSp 2017 – German and English versions.

Note: In clause 23, the ADSp 2017 deviate from the statutory maximum liability for damage to goods (section 431 HGB) by limiting liability for multimodal transport including carriage by sea and where the place of damage is unknown to 2 SDR/kg and, in all other cases, by limiting the standard liability of 8.33 SDR/kg additionally to EUR 1.25 million per claim and EUR 2.5 million per damaging event, but at least 2 SDR/kg.

Otherwise, our liability is governed by the ADSp 2017 and the statutory provisions, in particular sections 407 et seq. and 453 et seq. HGB. For cross-border road haulage, the Convention on the Contract for the International Carriage of Goods by Road (CMR) applies mandatorily. The limitations of liability do not apply where mandatory statutory provisions prevent this, in particular in the case of intent or recklessness under section 435 HGB and clause 27 ADSp 2017 and in the case of injury to life, body or health.

Damage must be notified upon delivery. Damage that is not externally visible must be notified in text form within seven days of delivery, and exceeding the delivery period within 21 days of delivery (section 438 HGB; for CMR transport, Art. 30 CMR).

9. Insurance

We maintain liability insurance on customary market terms that covers our transport-related liability under the ADSp 2017 and the law up to the standard liability amounts (clause 28 ADSp 2017). We provide evidence of this cover on request.

This liability insurance is not insurance of the goods. We only arrange transport or storage insurance for the goods if the customer instructs us to do so in text form before handing over the goods, stating the insured value and the risks to be covered (clause 21 ADSp 2017). The customer bears the cost of the insurance.

10. Set-off, retention and lien

Against claims arising from the transport-related contract and related non-contractual claims, set-off or retention is only permitted with counterclaims that are due and not subject to a well-founded objection (clause 19 ADSp 2017). Our statutory liens and rights of retention (sections 440, 464, 475b HGB) and the lien and right of retention under clause 20 ADSp 2017 remain unaffected.

Delivery receipts, electronic status messages and consignment notes serve as evidence of delivery; the statutory rules of evidence remain unaffected.

11. Data protection and confidentiality

We process order data to perform and invoice the order and to fulfil statutory obligations, and we transmit the necessary data to the carriers and subcontractors engaged. We treat non-public order information and trade secrets confidentially. Details can be found in our privacy information.

12. Applicable law, place of performance and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory international conventions, in particular the CMR, remain unaffected. The place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is Mannheim (clause 30 ADSp 2017); mandatory statutory places of jurisdiction, in particular under Art. 31 CMR, take priority. We are also entitled to sue the customer at its general place of jurisdiction.

Should any provision of these terms be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by the statutory provisions (section 306 BGB).