GERMAN GENERAL CONDITIONS Freight Forwarders

Preamble

These conditions will apply from the 1. January 2003 recommended by the Federation of German Industries, Federation of German Wholesale- and Foreign Trade, Federal Association of Freight Forwarding and Logistics, German Industry- and Commerce, Association of German Retailers. This recommendation is not binding. There have been incurred, This recommendation to make different agreements.

1.Interessenwahrungs- and due care

The freight forwarder shall act in the interests of clients and carry out his duties with due care.

2.Scope

2.1 The ADSp are contracts for the transportation of all types of activities, whether they concern freight forwarding, Freight, Storage- or affect other services common to the forwarding industry to the forwarding trade. These also include logistical services services, if these are connected to the carriage or storage of goods in connection.

2.2 Case of forwarding services regulated by § § 453 until 466 HGB owes the freight forwarder is only the completion of the necessary contracts to provide the service, as far as binding or AGB-fixed unless other legal provisions.

2.3 The ADSp not apply to transactions, exclusively with the have-packaging work, furniture removal and their storage,-Crane lifting and heavy work- or volume transports, except for normal transhipment services of the freight forwarder, -the transportation and storage of to be towed or salvaged goods.

2.4 The ADSp are not applicable for transport contracts with consumers. Consumers are natural persons, the contract for reasons other finishes, is neither commercial nor their independent vocational activity may be attributed to.

2.5 If trade customs or legal provisions are mandatory from, take precedence, the ADSp, it should be because, that the statutory provisions are mandatory or Conditions- firmly. For contracts of carriage by air, See-, Binnenschiffs- oder multimodal Transporte können,different contractual arrangements for the compliance with special conditions of carriage shall be taken.

2.6 The freight forwarder is to agree to normal terms and conditions of third parties authorized.

2.7 In the relationship between- and an intermediate ADSp considered as the general business conditions of the intermediate.

3. Order, Übermittlungsfehler, Content, special type of goods

3.1 Orders, Instructions, Statements and communications are valid. Subsequent modifications must be identifiable as being.

The burden of the content and the correct and complete transmission lies, who relies on it.

3.2 As far as is required for the written statements, is it the data communication or any other machine readable form for as, provided that the issuer makes visible.

3.3 The principal must inform the freight forwarder when placing, that the subject of the transport contract:-Hazardous goods-live animals and plants-perishables,-Particularly valuable and theft-endangered goods

3.4 The client has commissioned addresses, Sign, Numbers, Number, The nature and contents of the packages, Properties of the goods referred to in paragraph 3.3, the goods value for insurance purposes and any other information requested for proper execution of the relevant circumstances.

3.5 The case of dangerous goods, the principal must inform the freight forwarder to the exact nature of the hazard and – if necessary – communicate the precautions to be taken. Is it dangerous in the meaning of the Law on transport of dangerous goods or other goods, for their transport or storage of specific dangerous goods, colloquial- or legislation related to waste are, then the client for the proper execution of the forwarding information, especially the classification in accordance with the regulations for dangerous, mitzuteilen.3.6 The principal must inform the freight forwarder about particularly valuable goods or risk of theft (zB. Money, Precious metals, Jewelry, Watches, Gemstones, Art objects, Antiques, Check /, Credit Cards, valid telephone cards or other payment, Securities, Value, Documents, Spirits, Tobacco, Unterhaltungselektronik, Telekommunikationsgeräte, Computer Equipment and Accessories) and of goods with an actual value 50 Euro / kg or more well in advance to allow the freight forwarder in writing, that the freight forwarder has the option, to decide on the acceptance of the goods and to take measures for a safe and secure execution of the contract.

3.7 If a forwarding order placed not in the numbers 3.3 – 3.6 conditions mentioned, it is the freight forwarder, -to refuse to accept the good,-return goods already accepted or. for collection of ready-to ship without notifying the principal, to transport or store and an additional, to demand adequate compensation, if the safe and secure execution of the contract associated with increased costs ist3.8 The freight forwarder is not obliged, regarding sections 3.3 until 3.6 verify statements made or supplement.

3.9 The freight forwarder is not obliged, the authenticity of the signatures to check on any of the goods concerned communication or other document or the authority of the signatories, unless, that the authenticity or authority exist reasonable doubts.

4. Packaging, Provision of loading- and packaging, Weighing and checking

4.1 Of the forwarding instruction include lack of agreement nicht4.1.1 the packaging of the goods,

4.1.2 the weighing, Investigation, Measures to preserve or enhance the goods and its packaging, unless, this is customary,

4.1.3the provision or exchange of pallets or other loading- and packaging.

If they are not train-to-train exchanged, is a pickup only, when a new contract is awarded. This does not apply, if the exchange at the instance of the freight forwarder.

4.2 The services under section 4.1 are charged for separately.

5. Customs clearance

5.1 The instruction for shipment to a destination in another country includes instructions for customs clearance, if this is the transport to the place of destination.

5.2 For the customs clearance, the forwarder is in addition to the actual charges incurred due to an extra fee charge.

5.3 The job, under bond incoming shipments supplied to or to deliver them free house, includes an authorization for the carrier, on the execution of the necessary formalities and the interpretation of the customs duties applied to decide.

6. Packaging- and labeling of the principal

6.1 The packages are clearly marked and preserved by the client with the proper handling of their identifier, such as addresses, Sign, Numbers, Symbols for handling and properties; old marks must be removed or made illegible.

6.2 In addition, the client is obliged,

6.2.1to a mission packages belonging easily identifiable as belonging to identify;

6.2.2Pack pieces so prepare, that an access to the contents without leaving traces äußerlicsichtbarer is not possible (Tape, Bands, etc. are only permissible, if the individually designed or otherwise difficult to imitate; a wrapping film only, if that is welded);

6.2.3at a forwarders consolidation to a consignment, the individual packages or units with a combined length and girth (largest circumference plus longest edge) consists of less than 1m, these into larger packages

6.2.4at a hanging garments to be handled in the broadcast, which consists of several pieces, these units for easier handling in closed envelopes;6.2.5to packages of at least 1 000 kg gross weight of the law on term weight for heavy loads to be transported by ship name specified weight.

6.3Packages are single packages or by the principal for the contract formed units, zB. Boxes, Skeleton, Pallets, Griffeinheiten, enclosed loading, units such as covered wagons with tarpaulin covers, Trailers, swap bodies, Container, Iglus

6.4If the packages not in the numbers 6.1 and 6.2 conditions mentioned, then Section 3.7 mutatis mutandis.

7.Supervisory duties of the freight forwarder

7.1The freight forwarder is obliged, to check on Schnittstellen7.1.1 The packages regarding their quantity, identity and apparent good and integrity of seals and closures and to document 7.1.2Unregelmäßigkeiten (zB. in the accompanying document or by special notification).

7.2Interface is any point of the packages from one entity to another, and the delivery at the end of each stage.

8. Receipt

8.1At the request of the contracting authority shall provide the forwarder EmpfangsbescheinigungIn this certificate, the freight forwarder confirms the quantity and kind of packages, but not their contents, Value or weight. Case of bulk goods, Full loads and such like the certificate of receipt does not state the gross weight or any other description of the amount of Gutes.8.2 As proof of the charge carrier from the consignee a receipt of the contract, or other accompanying transport documents. Should the consignee refuse, the receipt must be given, then the freight forwarder must request instructions. If the goods have been unloaded at the consignee, the freight forwarder is entitled, take it back to itself.

9.Instructions

9.1An authority on the instruction remains valid for the freight forwarder until revoked by the principal.

9.2 Of insufficient or impractical instructions the freight forwarder may use his professional discretion.

9.3 An Order, to keep the property available to a third party, can not be mehrwiderrufen, once the injunction is beimSpediteureingegangen the Third.

10.Frachtüberweisung, Cash on delivery

10.1The statement by the principal, the instruction is executed freight unpaid or the instruction is to execute on behalf of the recipient or a third, not affect the obligation of the customer to the freight forwarder, the payment of all expenses to tragen.10.2Mitteilung after paragraph 10.1 There is no cash on delivery instructions.

11. The deadline

11.1Lack of agreement are loading- and delivery time not guaranteed, nor the sequence of the handling of goods of the same transport.

11.2This does not affect the legal liability of the carrier for delay in delivery.

12.Obstacles

12.1Leistungshindernisse, not attributable to the risk of the freight forwarder, free him for the time duration of the obligations, their performance has become impossible.

In the case of such sentence 1 are the carrier and the contracting authority, withdraw from the contract, even if the contract has been already partially.

If the freight forwarder or the principal withdraws, so are the freight costs to report, He was allowed to consider necessary or which are of interest for the client.

12.2The freight forwarder is only part of its due diligence and care to advise, whether legal or official restrictions concerning the shipment (zB. A- and export restrictions) exist. If the freight forwarder has, however, through public statements or in the contract negotiations, created, to have special knowledge of certain transactions Arte, he has this knowledge- and to meet obligations, according to Note.

12.3The freight forwarder is not responsible public acts affect the rights of the freight forwarder towards his principal; the principal is liable to the carrier for all consequences arising from such events. Claims of the freight forwarder against the state or other third parties are not affected.

13.Delivery.

The delivery is done with discharging effect to any in the business of the consignee person present, unless, there are reasonable doubts about their authority to receive.

14.To information- and behalf of the consignee

14.1The freight forwarder is obliged, to provide the client with all necessary information, upon request, on the status of the transaction and after the execution of which give an account; disclosure of the costs it is only obliged, if he acted in the name of the principal.

14.2The freight forwarder is obliged, the client all, what he gets to run the business and what he gained from the management, herauszug

15.Storage

15.1The storage at the discretion of the carrier in its own or other storage areas. Stores the freight forwarder is a third party warehouse, he shall announce his name and the warehouse company in writing or, if a warehouse warrant, to mark these on.

15.2The client is free to, to visit the store, or visit to let. Objection or objections against the storage of the goods or against the storage of the goods must be made immediately. If he does not exercise the right of inspection, he waves all rights to objections against the way of accommodation, long as the choice of the storage room and storage complies with the care of a freight forwarder is ist.15.3Das Access to the warehouse is the only authority in the company of the freight forwarder to allow its business hours.

15.4If the principal handles the goods before (zB. Probeentnahme), the freight forwarder may demand, that the number, Weight and condition of the goods be inspected together with the client. If the customer does not comply with this request, is the freight forwarder for damage discovered later excluded, unless, the damage is not liable for the acts performed by the estate zurückzuführen.15.5Der client for all damages, who, its employees or agents to camp or when entering or traveling on the camp property to the carrier, Add other warehouse or other third parties, unless, that the client, its employees or agents are not at fault trifft.15.6Bei inventory discrepancies, the freight forwarder is entitled to balance- and surpluses of the same principal terms of value of the stock netting.

15.7The freight forwarder has reasonable doubt, whether his claims are secured by the value of the goods, he is entitled to share customer a reasonable period, unable to pay the principal to either secure the claims of the freight forwarder or storage of the goods concerned. If the customer does not comply with this request, the freight forwarder is entitled to terminate without notice.

16.Offers and Payment

16.1Deals of the freight forwarder and agreements with him regarding price and services always refer to specified own services or those of third parties, and to goods of normal size, normal weight and nature; they presume normal unfettered transport, unimpeded access, Possibility of immediate on continuation of the underlying lay, ahead, unless, The changes could be foreseen under the circumstances. A note, such as “plus the usual ancillary” entitles the freight forwarder, Special charges and special supplements and surcharges.

16.2All offers of freight forwarder are valid only for immediate acceptance and immediate execution of that order, unless otherwise specified in the offer, and only, when referred to the instructions refer to the quotation.

16.3If a contract is terminated or withdrawn, the instruction the freight forwarder is under § § 415, 417 HGB.

16.4Of a COD- or other collection instruction being withdrawn retrospectively, money is not the amount, The freight forwarder is nevertheless raise commission.

16.5If the consignee refuses to accept a consignment destined for him, or if the delivery for reasons , the freight forwarder is not responsible, not possible, be available to the carrier for the return of money rolling in the same level as from third party.

17.Aufwendungen of Spediteure, Freistellungsanspruch

17.1The freight forwarder is entitled to reimbursement of expenses, which he could reasonably consider necessary.

17.2The job, to make and receive incoming, authorizes the forwarding agent, obliged him not, on the sums rates, Wertnachnahmen, Duties, be interpreted as un-tax charges and expenses.

17.3Of cargo claims,Haverieeinschüssen or contributions, Duties, Taxes and other charges, the to the carrier, in particular be made as or possessor possessor, the principal has to relieve the freight forwarder immediately of demands, if it is not responsible for the freight forwarder. The freight forwarder, its sole discretion to take appropriate measures protect himself. Circumstances do not require immediate action, the freight forwarder must request instructions.

17.4The principal must inform the freight forwarder in an appropriate way about all public, zB. customs regulations or trademark obligations, zB. Trademark obligations to draw attention, associated with the possession of the goods, unless reasonably be deduced from the quotation of the freight forwarder is, that these obligations are known to him.

18.Invoices, foreign currencies

18.1Freight forwarders' invoices are immediately begleichen.18.2Der freight forwarder can, to demand from foreign customers or recipients of its payment either in local or German currency.

18.3The freight forwarder owes foreign currency or if he advances sums in foreign currency, he is entitled, either to demand payment in the German or in foreign currency. If he demands German currency, so the exchange rate will be at the rate of exchange must set, unless, be proven that a different rate or was used.

19.Off, Zurückbehaltung.Gegenüber claims under the forwarding contract and other related claims is a set-off or retention may only be counter-claims, which an objection does not preclude.

20.Pledge- and retention

20.1The freight forwarder for all claims due and owing, to him in from the point 2.1 any services for the client is entitled, a lien and a lien on the goods in his possession or other valuables. The deposit- and retention addition

20.2.The freight forwarder may exercise his lien- or of retention for claims from other transport contracts with the principal only, if they are undisputed or if the financial situation of the debtor puts the claims of the freight forwarder.

20.3In place in § 1234 BGB specified period of one month shall in all cases a limit of two weeks.

20.4If the customer is in default, the freight forwarder after the sale of the threat may in his possession goods and such a portion, as necessary, in its reasonable discretion for the satisfaction is, private treaty sale.

20.5For the mortgage- or sale when the carrier is entitled to the usual sales commission on the net proceeds of local rate.

21.Insurance purposes

21.1The freight forwarder arranges for the insurance of the goods (zB. Transport- or storage insurance) with an insurer of his choice, if the client instructed him before handing over the goods.

21.2The freight forwarder stock up because of the nature of the insured goods or for any other reason not covered by insurance, , the carrier must inform the client immediately.

The freight forwarder, but not required, to effect the insurance of the goods, if this is in the interest of the principal. The freight forwarder may assume, that the insurance cover is in the interest of the principal, especially if:-the freight forwarder with previous freight forwarding insurance, -the principal value of the goods on behalf (Digit 3.4) has indicated.

This assumption for the arrangement of insurance is not particularly, if:-the principal expressly forbids such insurance cover,-the principal is a freight forwarder, Carrier or warehousing company

21.3The carrier has decided, after due consideration of the nature and extent of the insurance and arranges to market conditions, unless, the principal instructs the freight forwarder differently, specifying the insured sum and the risks to be covered, in writing.

21.4If the freight forwarder policyholders and he has acted on behalf of the client, the freight forwarder is obliged, upon request, pursuant to Paragraph 14.1 accounts to the. In this case, the carrier the premium for each market contract to invoice, documented and paid in full exclusively for this insurance coverage to the insurer.

21.5The freight, Recovery of compensation amount and other administrative tasks in processing of claims and averages the freight forwarder is a special remuneration in addition to reimbursement of expenses to.

22.Forwarder's Liability, Cession of claims

22.1The carrier is responsible for all his services (Digit 2.1) according to the laws. There are however the following rules, otherwise by applicable law or AGB-solid otherwise bestimmen.22.2Soweit the freight forwarder is only responsible for arranging the contractual services requested, party shall be liable only for the careful choice of such third party.

22.3In all cases, liable in those of the carrier for loss or damage of goods has, He has value- and accordance with § § 429, 430 to provide HGB.

22.4As far as the § § 425 ff and 461 Abs. 1 Commercial Code do not apply, The freight forwarder is liable for damages, arising from

22.4.1-insufficient packaging or marking by denAuftraggeber or third parties;

22.4.2-agreed or customary outdoor storage

22.4.3-theft or robbery (§§243, 244, 249 StGB);

22.4.4 force majeure, Weather, Pests of appliances or wiring, Action of other goods, Damage by animals, inherent vice only to the extent, than him culpable causation of the damage is detected. Damage could have arisen from one of the above circumstances, it is presumed, that he has emerged from this.

22.5If the freight forwarder has a claim against a third party, he is not liable for the, or if the freight forwarder has claims in excess of its own liability for damages, he shall cede such claim to the Client upon request, unless, that the freight forwarder, by special agreement, the prosecution of claims for cost and risk of contracting.

The principal may also demand, that the freight forwarder cedes all claims against him third parties to. § 437 Commercial Code remain unaffected.

23.Haftungsbegrenzungen

23.1The liability of the freight forwarder for loss or damage of goods (Güterschaden) with the exception of warehousing on request, is limited

23.1.1.on 5 for each kg gross weight of the consignment;

23.1.2.at a loss, is occurring to goods whilst being carried by a transport means, contrary to section 23.1.1 for such transport to the statutory limit of liability;

23.1.3.in a traffic contract of carriage with a variety of means of transport, including sea, contrary to section 23.1.1 on 2 SDR per kilogram.

23.1.4.In each claim with a maximum amount of 1 My. or 2 SDR per kilogram, depending on, whichever is higher.

23.2If only individual packages or parts of the consignment were damaged or lost, calculated the maximum liability of the gross weight:-the entire program, if the entire consignment has,

-of the part of the consignment, if only part of the show canceled ist.23.3Die liability of the freight forwarder for damage other than to goods, excepting personal injury and damage to goods that is to be limited to three times the amount, would have been payable for the loss of, with a maximum amount of 100.000 EUR per event.

The § § 431 Abs. 3, 433 Commercial Code remain unaffected.

23.4The liability of the carrier is in any case, regardless, be the number of claims from one event raised, limited to 2 My. per event or 2 SDR per kg of lost goods and besschädigten, depending on, whichever is higher, one claimant the freight forwarder hafftet proportionate to their Ansprüche.23.5Für the calculation of the SDR is § 431 Abs. 4 HGB.

24.Liability limitations in the case storage

24.1The liability of the freight forwarder for loss or damage of goods (Property damage is limited in the case of warehousing

24.1.1on 5 for each kg gross weight of the consignment,

24.1.2than 5.000 per claim; if the claim of a principal difference between the nominal- and actual stock of inventories (Digit 15.6), it is the liability to 25.000 limited, regardless of the number of the discrepancy cases. In both cases point 24.1.1 unberührt.24.2 point 23.2 shall apply mutatis mutandis.

24.3 The liability of a freight for other than damage to goods, excepting personal injury and damage to goods is limited to the case of warehousing 5.000 per claim.

24.4The liability of the carrier is in any case, regardless, be the number of claims from one event raised, on 2 My. per occurrence limit; at the freight forwarder's liability is proportionate to their claims.

25.Burden of proof

25.1The client has to prove in case of damage, that goods of a specified quantity and quality in apparent good (§ 438 HGB) has been passed. The freight forwarder must provide evidence, that he delivered the goods, as he received it, has delivered.

25.2The proof, that goods were damaged during transport with a transport (Digit 23.1.2) occurred is, lies on the person, claims this. Damage occurred is unknown, the freight demand of the customer or recipient of the sequence of transportation by documenting the interfaces (Digit 7) explain. It is believed, that the damage occurred during that stage of the transportation, not apply to the carrier a clean receipt.

25.3The freight forwarder is obliged, to ensure, through gathering information and evidence used to establish, where the damage occurred ist.26.Außervertragliche claims

The above liability exemptions and restrictions apply accordance with § § 434,436 HGB and non-contractual claims.

27.Qualified

VerschuldenDie above liability exemptions and limitations do not apply, if the

Damage was caused

27.1by intent or gross negligence of the freight forwarder or his management staff or by violation of contractual obligations, where damages are limited in the latter case, to the predictable, typical damage;

27.2in the cases of § § 425 ff, 461 Abs. 1 HGB by the carrier or in § § 428, 462 Law acting intentionally or recklessly and with knowledge, that damage would probably result.

28.Schadenanzeige

For the display of a loss, § 438 HGB application.

29.Haftungsversicherung of Spediteure

29.1The freight forwarder is obliged, with an insurer of his choice, a liability insurance on commercial terms to complete and maintain, covering his transport-related liability according to ADSp and according to the law to the extent insurer of.

29.2DieVereinbarungeiner Höchstersatzleistung your Fall Injury,Schadenereignis

and year are permitted; The agreement also contributions from the

Spediteurs.29.3Der forwarder may only refer to the client to the ADSp only,if,he has arranged with order sufficient insurance cover.

29.4At the request of the customer, the freight forwarder that liability insurance coverage by providing a certificate of the insurer to prove.

30.Of performance, Jurisdiction, Applicable Law

30.1The performance for all stakeholders in the branch office of the freight forwarder, addressed to the Order.

30.2The jurisdiction for all disputes, arising out the instruction or in connection with, for all parties, if they are business, the location of that branch of the freight forwarder, addressed to the Order; for claims against the carrier of this jurisdiction is exclusive.

30.3 The legal relationship between the forwarder and the principal or his legal successors is governed by German law.

Lehnert & CO Forwarding – Eastern Europe

95030 Court