Forwarding at fixed costs
When forwarding to fixed costs is referred to the transport of goods in a pre-determined budget . Most forwarding contracts are fixed-cost contracts, with a fixed rate per kilogram of goods being negotiated. Freight forwarders enter into these agreements with their larger customers to ensure long-term cooperation. The customer as the sender usually still has a legal interest in these agreements, because the freight forwarder has the rights and obligations of a carrier / shipper during the transport . These rights and obligations are based - in Germany - on the German Commercial Code (HGB), the General German Forwarding Conditions (ADSp), but also - in a broad sense - on the long-distance freight transport tariff (GFT).
Definitions
Amount of money per unit of weight (e.g .: euros per kilogram)
According to the legal interpretation this means: The price agreement covers the area from the house of the sender (mostly manufacturer or dealer) to the house of the recipient; consequently, for the entire power range , the freight law apply - ie also for all activities of the forwarder.
Liability provisions
The ADSp (corridor regulation: 2-40 SDR / kg) follows a different understanding: the localization of the damage location is decisive, i.e. H. Depending on where the damage occurred, the following compensation applies:
- For damage to the transhipment facility (freight hall, yard, etc.), the freight forwarder is liable for € 5 per kg of goods. It is also crucial here that the goods are not on a moving vehicle.
- For damage that occurs during transport, the maximum liability (for Germany) is 8.33 SDR per kg of goods. A maximum liability is contractually customary and possible with up to 40 SDR / kg.
When using a third-party carrier, the freight forwarder should then always bear the higher liability according to the HGB if he can assert this higher liability in recourse to the subcontractor.
The different systematics of the legal works also become clear in their formulation:
The HGB speaks here of: "... with regard to the transport of goods ...", ie in general. Whereby the ADSp expresses itself more precisely: "... the damage to the goods occurred during transport with a means of transport" (whereby working machines such as forklifts or pallet trucks are not means of transport in the sense of the ADSp). Entitlement to commission only if agreed; Reimbursement of his expenses only as far as usual.
Individual evidence
- ↑ §431 Paragraph 1. In: dejure.org. Retrieved August 28, 2019 .