Terms and conditions
Terms and conditions of the offer of KS-Logistic & Services GmbH & Co. KG for land transport
1. Our offer is based on the acceptance of non-hazardous ‘merchant goods’ (in the sense of the relevant dangerous goods regulations) that are packaged and appropriately marked by the customer for safe transport in collective transport by truck. Excluded, unless otherwise agreed in writing in an individual contract, are, among others, dangerous goods, perishable goods, food, medicines, weapons and weapon parts, valuable shipments such as jewelry, art objects, antiques or other goods with a goods value of 1,000 euros/kg or more, as well as other shipments that are subject to special handling requirements/guidelines/regulations. KS-Logistic & Services GmbH & Co. KG is not obliged to check whether a transport exclusion is possible. KS-Logistic & Services GmbH & Co. KG is entitled to refuse acceptance or further transport if there is reason to believe that the shipment is excluded from forwarding treatment in accordance with this condition.
2. KS-Logistic & Services GmbH & Co. KG works exclusively on the basis of the General German Freight Forwarders’ Conditions 2017 (ADSp 2017) and – insofar as these do not apply to the provision of logistics services – in accordance with the Logistics General Terms and Conditions 2019.
The ADSp 2017 deviates from the law in Section 23 with regard to the maximum liability amount for damage to goods (Section 431 of the German Commercial Code) by limiting liability for multimodal transports, including sea transport and where the location of the damage is unknown, to 2 SDR/kg and, in addition, the standard liability of 8.33 SDR/kg to 1.25 million euros per claim and 2.5 million euros per damage event, but at least 2 SDR/kg.
Insofar as we are liable in accordance with the provisions of the Montreal Convention, Section 27 of the ADSp does not apply. Clause 27 ADSp also does not apply as an extension of our liability by attributing the fault of people or other third parties in the cases of Art. 36 CIM, Art. 21 CMNI or Section 660 HGB. Otherwise, Clause 27 ADSp remains unaffected.
For cross-border European transports, the CMR (Convention on the Contract for the International Carriage of Goods by Road) must be applied.
3. Unless otherwise stated in the offer, KS-Logistic & Services GmbH & Co. KG will only arrange transport and/or storage insurance at the client’s expense if a corresponding written/electronic order is placed.
4. For storage, the value of the storage must be insured against material risks (fire, LW, storm, hail, plane crash, etc.) as well as burglary, vandalism and theft through the client’s own policy. In this respect, KS-Logistic & Services GmbH & Co. KG is released from liability. Appropriate proof of insurance must be presented.
5. If the basis changes, we reserve the right to adjust prices in accordance with the current situation.
6. All fees stated are net amounts and are calculated with the applicable VAT. The payment terms correspond to the requirements of the General German Freight Forwarders’ Terms and Conditions (ADSp).
