22.1 The freight forwarder is liable for damages in accordance with the statutory provisions. However, the following regulations apply unless mandatory legal provisions or those contained in the general terms and conditions stipulate otherwise.
22.2 In all cases where the freight forwarder is liable for loss of or damage to the goods (damage to goods) according to clauses 23.3 and 24, depending on fault, he shall, instead of compensation, pay compensation for the value and costs in accordance with sections 429, 430 and 432 of the German Commercial Code (HGB).
22.3 In the event of inventory discrepancies and simultaneous shortages and surpluses of the same client, the freight forwarder may balance the inventory in value terms in order to determine the replacement value in the cases covered by clause 24.
22.4 If the freight forwarder has claims against a third party arising from a claim for which he is not liable, or if the freight forwarder has claims for compensation against a third party that exceed his own liability, he must assign these claims to the client at the client's request, unless the freight forwarder has agreed to pursue the claims for the client's account and risk based on a special agreement. Sections 437 and 509 of the German Commercial Code remain unaffected.
Editor of the ADSp : German Freight Forwarders and Logistics Association (DSLV), Weberstraße 77, 53113 Bonn | Berlin office: Platz vor dem Neues Tor 5, 10115 Berlin | www.dslv.org