About us

BEST Logistics Sp. z o.o. was founded in Szczecin in 2000 on the initiative of Andreas Häfner. In his capacity as a representative of HAEGER & SCHMIDT GmbH, Andreas has realized a growing number of logistic projects in the area of inland waterway transportation.

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We work in accordance with the Polish General Forwarding Rules 2010

International Conditions of Loading and Transportation (ICLT) 2009 Version

§ 1

Definition of Terms
1. “Contract of Carriage” refers to any agreement, of whatever nature, in which a carrier undertakes to
transport goods on inland waterways against payment.
2. “Carrier” refers to any person by whom or in whose name a contract of carriage has been concluded
with a shipper.
3. “Sub‐carrier” refers to any carrier who actually performs part or all of the carriage independently.
4. “Shipper” refers to any person by whom or in whose name a contract of carriage has been concluded
with a carrier.
5. “Recipient” refers to any person entitled to take receipt of the goods.
6. “Cargo participants” refer to the shipper and the recipient.
7. “Document of carriage” refers to any document verifying the existence of a contract of carriage and
the handover or loading of goods by a carrier. Such documents are issued in the form of bills of lading
or consignment notes or any other document customarily used in commerce.
8. “Goods” do not include vessels being towed or pushed or luggage and vehicles belonging to the
persons being transported; should the goods be loaded on a container, on a pallet or in/on any other
transport device, or should they be packed, the term “goods” also covers these transport devices and
packaging insofar as they were provided by the shipper.
9. Insofar as the parties have not reached any alternative agreement, “in writing” covers cases in which
the information is dispatched using electronic, visual or similar means of communication, including but
not limited to telegrams, telecopies, telex, electronic mail or electronic data interchange (EDI),
provided the information is available in a form which can be used for future reference.
10. “Dangerous goods” refer to goods which pursuant to ADN/ADNR and/or other nationally and
internationally valid and enforceable conditions are described and/or designated as dangerous
substances, as well as all goods which due to their properties or condition could pose a threat to the
environment, to persons, to the vessel and/or to other goods being carried on the vessel.
11. “CMNI”: the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway.

§ 2

Legal Foundation
1. All carriage on inland waterways performed by the carrier is subject to the following conditions.
2. These conditions are likewise declared an integrated element of the bill of lading or consignment note.

§ 3

Consignment Note and Bill of Lading
1. The carrier is only obliged to issue a document of carriage and/or a consignment note and/or a bill of
lading if this was agreed on concluding the contract of carriage.
Consignment notes are not securities. They can be neither transferred nor pledged. In such cases, the
carrier is authorized to deliver the goods to the recipient named in the consignment note.
Bills of lading are securities made out to a certain name or order. The goods are only handed over
when the correctly transferred original bill of lading is returned to the carrier or his representative.
One original bill of lading is issued together with several copies. In exceptional cases where several
original bills of lading have been issued, the return of just one original to the carrier or his
representative renders the others null and void.
In cases where the bill of lading has been made out to order, the carrier may insist on a registration
address being given.
2. The carrier is authorised to insert provisos in the document of carriage
a) as regards the dimensions, quantity or weight of the goods if he has reason to assume that
the shipper’s instructions are incorrect, or if he has insufficient opportunity to check this
information, in particular because the goods have not been counted, measured or weighed
out, or because the dimensions or weight were ascertained by ullage report without an
agreement being expressly concluded to this effect;
b) as regards marks which are not clearly and lastingly affixed to the goods themselves or, if the
goods are packaged, to the containers or packages;
c) as regards the apparent condition of the goods.
3. Should the clause “Nature, quantity, dimension or weight unknown” or a mark with the same meaning
be entered in the document of carriage, the information concerning the goods given in the document
of carriage shall not be binding on the carrier unless it is proven that he was or must have been
cognizant of the nature, nature, dimensions or weight of the goods.
4. Should the carrier fail to note the apparent condition of the goods or to apply relevant provisos, it
shall be assumed that he made a note in the document of carriage to the effect that the goods were
apparently in good condition.
5. Should the document of carriage state that the goods were stowed in a container or in a hold on the
vessel and sealed by a person other than the carrier, his employees or representatives, and if neither
the container nor the seal were damaged by the time the goods reached the port of discharge or place
of delivery, it shall be assumed that the goods were not lost or damaged in transit.

§ 4

Point of loading, loading and stowage, deck weight
1. The shipper shall designate the point of loading. If the vessel cannot dock at the point of loading for
reasons beyond the carrier’s control, if the vessel can only dock at extra expense, or if the vessel has
to leave its berth for any of these reasons, the carrier may request another loading point and loading
process. The costs and extra expenses thus incurred by the vessel and loading process shall be borne
by the cargo participants, who shall be held jointly and severally liable. This shall not affect any
demurrage claims. Should the shipper fail to fulfil his obligation to designate a suitable point of
loading, the carrier may rescind the contract of carriage and demand payment of all carriage costs and
the reimbursement of additional expenses including demurrage.
2. The shipper is obliged to ensure that the vessel can reach the designated port of loading safely, lie
there safely and depart from there safely.
3. The carrier is obliged to ensure that the vessel is docked at the point of loading and is made ready for
loading.
4. The shipper shall undertake to load the goods on board the vessel and to stow, trim and secure the
goods so that they can be transported safely. The carrier is entitled to issue instructions to guarantee
the seaworthiness of the vessel and to prevent damage. The shipper is obliged to follow these
instructions.
5. As is customary in domestic shipping, the carrier is entitled to load all or part of the goods on the
ship’s deck or on an open vessel.
6. The shipper shall be liable for any damage to the vessel inflicted during loading insofar as the damage
was not the carrier’s fault.

§ 5

Description and handover of goods
1. On placing the order, and under no circumstances later than the beginning of loading, the shipper
shall supply all information required for carriage, provide exact descriptions of the goods and their
packaging, nature, condition and quality in the usual manner, and hand over all necessary
accompanying papers, in particular those required as per port, customs, health and other regulations.
2. When transporting dangerous goods (§ 1 clause 10), the shipper is obliged to indicate the nature of
the hazard and the preventive measures to be taken clearly and in writing in each instance on placing
the order. These written instructions and other documents required as per the applicable regulations
must be handed over to the carrier and his representatives together with the goods. Standard
commercial descriptions of these substances or other documents are insufficient.
3. The shipper shall guarantee the correctness of the goods description pursuant to par. 2 and par. 3 and
of the information concerning marks, numbers, quantities, weights and/or volumes pursuant to par. 1
at the time of handover. He shall be liable for all direct and indirect loss, damage and other
disadvantages resulting from any errors in this information and for all costs thus incurred. In the case
of dangerous goods, the carrier may discharge, land, return or in urgent cases even destroy the goods
at the expense of the cargo participants without himself becoming liable for compensation.
4. The carrier is not obliged but nevertheless entitled to check whether the information provided is
complete and correct.
5. Should the vessel be detained or prevented from entering or leaving a port due to missing, inaccurate
or incorrect information or accompanying documents or due to the disregard of any regulations by the
cargo participants, or should the goods be confiscated, the fallible cargo participants shall be liable to
the carrier for all resulting delays, damages, costs, fines, disadvantages and for demurrage.
6. Should the carrier have to submit declarations and/or issue, handle or sign documents relating to the
cargo for authorities, customs, public officials, rail administration offices and/or public or private
companies, he shall act solely on behalf and at the risk and expense of the cargo participants. In this
context, he shall only be held liable in cases of gross neglect, even in the event of omission, loss or
non‐delivery. Should third parties be contracted, e.g. cross‐border carriers, he shall only be liable for
the selection thereof.

§ 6

Choice of Vehicle and Transport Route, Transhipment and Lightening Rights
1. Carriage shall be performed using the vehicles designated by the carrier. The carrier may contract
other carriers to perform carriage.
2. The carrier is not obliged to load goods in a specific order or to transport them along a specific route
or on a specific vessel. The goods shall be transported within the period which can be reasonably
expected of a careful carrier acting according to the circumstances of the voyage and assuming that
the vessel is not delayed.
3. The carrier is entitled to lighten, discharge or transfer part or all of the goods to another vessel and/or
to store them in warehouses or on land should circumstances appear to render this necessary or in the
interest of the vessel or goods. The cargo participants shall be jointly and severally liable to the carrier
for the extra costs thus incurred, insofar as the measures taken did not become necessary due to any
culpability on the carrier’s part.
4. The lightening, discharge or transhipment of goods to other vessels or to warehouses along with the
storage thereof shall be effected on behalf of and at the risk of the cargo participants.
5. In the cases described in par. 3 and 4, the cargo participants shall be responsible for maintaining
continuous insurance cover.

§ 7

Point of Discharge, Discharging
1. The cargo participants shall designate a suitable point of discharge. The conditions governing changes
to and the safety of the loading point given in § 4 par. 1 and par. 2 also apply to changes to and the
safety of the discharge point.
2. The cargo participants shall undertake to issue instructions concerning discharge and customs
formalities to the carrier before the ship reaches the port of discharge; otherwise, the carrier shall be
entitled to take all measures which appear to him to be necessary in the name, on behalf and at the
risk of the cargo participants.
3. In the cases of optional batches, the carrier or shipper must receive written notification of the port of
destination at least twelve hours before the vessel arrives at the first optional port. The consigner and
recipient shall be jointly and severally liable to the carrier for any extra costs incurred if no punctual
notification of the port of destination is received.
4. The vessel’s readiness for discharge may be reported to the port of discharge at any time.
5. The cargo participants are obliged to discharge the goods from the vessel.
6. The cargo participants shall be jointly and severally liable for any damage to the vessel inflicted while
discharging the goods. The cargo participants shall not be held liable if the damage is the carrier’s
fault.
7. All traces of the cargo must be discharged from the vessel. Should this obligation not be fulfilled at the
point of discharge, the carrier shall be entitled after due request to remove all traces of the cargo or
have them removed at the cargo participants’ expense.

§ 8

Loading and Discharge Times, Demurrage
1. Unless otherwise agreed, the regulations concerning loading and discharge times shall apply at the
ports of loading and discharge.
2. Should the loading and discharge times agreed or applicable at the points of loading and discharge not
be adhered to, the carrier shall be entitled to claim for demurrage and loss of profit.
This shall not exert any influence on other compensation entitlements.

§ 9

Termination of the Contract of Carriage, Loading Delays
1. The shipper has the right to rescind the contract of carriage before the goods are loaded onto the
vessel or placed at the carrier’s disposal.
2. Should no goods have been loaded onto the vessel or placed at the carrier’s disposal by the end of the
time within which the shipper should have loaded the goods into the vessel or placed them at the
carrier’s disposal, for whatever reason, the carrier shall be entitled to rescind the contract of carriage
without the necessity of issuing a reminder.
3. Should only part of the goods have been loaded into the vessel or placed at the carrier’s disposal by
the end of the time stipulated in clause 2, for whatever reason, the carrier shall be entitled to rescind
the contract or depart on the voyage without the necessity of issuing a reminder. In the event of
rescission, the shipper shall be obliged to discharge the goods already loaded at the carrier’s request;
if the voyage has already commenced and the vessel cannot depart without re‐stowing the goods
already stowed, the shipper shall be obliged to re‐stow the goods.
4. The rescissions mentioned in clauses 2 and 3 must be declared orally, in writing or using any other
form of message for which receipt is can be clearly verified. The contract shall end at the time the
declaration of withdrawal is received, but not before the goods have been discharged.
5. Should the shipper pay all carriage costs before the end of the time specified on clause 2, the carrier
shall be obliged to depart on the voyage with part of the goods as agreed at the shipper’s request. The
carrier shall be entitled to accept other goods in place of the missing goods without being obliged to
offset the carriage costs received for the transportation of these goods against the carriage to be paid
by the shipper. Should the vessel be unable to depart without re‐stowing the additional cargo and the
goods already stowed, she shipper shall undertake to re‐stow the goods at the carrier’s request.
6. This paragraph does not apply to time charters.

§ 10

Obstacles Precluding Delivery, Deposition and Distress Sale
1. Should the designated recipient refuse to accept the goods or to pay the receivables secured by the
goods, or should any other obstacle precluding delivery arise or the recipient fail to get in touch, the
carrier shall inform the shipper and request his instructions. Should circumstances render this
impossible, should the shipper fail to issue instructions or can the performance of the instructions not
be reasonably requested of the carrier, the carrier shall be entitled to deposit the goods in a public or
private warehouse, discharge them into lighters, put them ashore or hand them over to a freight
forwarder on behalf and at the risk and expense of the cargo participants.
2. If the agreed discharge time or, in default of such an agreement, the regulations governing discharge
time in force at the port of discharge are not adhered to, the carrier shall be entitled to discharge the
goods himself or have them discharged, to deposit them pursuant to clause 1 or to hand them over at
the risk and expense of the cargo participants notwithstanding the demurrage claims incurred. The
carrier reserves the right to assert other compensation claims arising as a result of unpunctual
discharge.
3. The deposition of goods, discharge of goods into lighters, discharge of goods ashore or the handover
of goods to a freight forwarder shall be deemed to constitute correct delivery. The carrier reserves the
right to retain or pledge the goods.
4. If the goods are not accepted within two months of deposition, the carrier shall be entitled to sell the
goods at his own discretion, sell them publicly or auction them without giving prior notice or threat or
obtaining approval from the authorities or court. If the goods are subject to rapid decay or to
maintenance or considerable storage costs, or if the value thereof as assessed by the carrier fails to
cover the associated costs, the carrier shall be entitled to sell or auction them without observing the
two‐month deadline.

§ 11

Freightage
1. In default of a special agreement, freightage shall be calculated ex free stowed inland waterway vessel
(port of loading) to free arrival inland waterway vessel (port of discharge). It shall be calculated at no
less than the gross weights, quantities or dimensions of the goods entered in the ship’s papers. Should
other papers cite higher weights or quantities, or should higher weights or quantities be determined
during weight checks or tests, these shall be definitive for the freightage calculations. Freightage must
be paid on delivery of the goods.
2. The costs of loading, stowage, securing and discharge together with all other costs, outlay and
expenditure shall be reimbursed in addition to the freightage costs insofar as they are not expressly
included in the agreed freightage or handover rate.
3. The freightage agreement presupposes open and unimpeded navigation. All extra costs and
expenditure incurred above and beyond those to be expected on a voyage shall be borne by the cargo
participants unless the carrier is culpable for the incurrence thereof.
4. The freightage rates are based on the operating costs, exchange rates, fees and public contributions in
force at the time the contract of carriage was concluded. Any exceptional increases, especially in fuel
costs, crew wages and public contributions made while the contract of carriage is being fulfilled shall
entitle the carrier to adjust the freightage rate in line with the change in conditions or, in the event of
batches not yet being loaded, to withdraw from the contract.
5. The shipper shall be liable to the carrier for freight, dead freight, freight surcharges, costs, outlay , fees
and other receivables secured on the goods as well as for demurrage and loss of profit. Delivering the
goods without payment or refraining from exercising an existing pledge shall not exempt the shipper
from liability. The recipient shall assume joint and several liability by requesting delivery of the goods
or having them at his disposal in any other way. Should a bill of lading be marked “freight prepaid” or
similar, the recipient shall not be liable for freight.

§ 12

Full Freight, Dead Freight
1. The carrier shall be entitled to full freight even if
a) only part of the consignment is delivered;
b) the shipper or recipient request discharge of the goods at the port of loading or any
intermediate port;
c) continuation of the voyage is temporarily or permanently prevented for reasons beyond the
carrier’s control, or if the voyage is only made in part;
d) the goods have been destroyed, lost, confiscated, seized, damaged, reduced or otherwise
rendered worthless.
2. The shipper and recipient may not withdraw from the contract after the voyage has commenced.
However, the carrier shall be obliged to discharge the goods at the port of loading or at any other port
on the route, the cargo participants being bound to pay full freightage and other costs and extra
expenditure associated with the discharge.
3. The carrier shall also be entitled to half of the freightage if a) the shipper rescinds the contract of
carriage as per § 9 paragraph 1 or b) the carrier rescinds the contract of carriage as per § 9 paragraph
2.
4. Along with payment of all or half of the freightage, the carrier shall also be compensated for
demurrage, damage suffered by the carrier as a result of the rescission and for general average
contributions.
5. The assertion of these claims does not depend on the shipper or recipient being culpable for the
inadequate fulfilment of the contract or on the vessel scheduled for the transport being available and
ready for loading. These claim entitlements shall also exist if the obstacle arose from one of the causes
named in § 13 par. 1.

§ 13

Lapse of Acceptance and Transport Obligations
1. Regardless of whether the goods have already been accepted or loaded and whether or not the
voyage has already commenced, the carrier’s obligation to accept and transport the goods on any
waterway shall immediately lapse should the following events or circumstances occur or exist,
whether in general or only affecting the specific vessel transporting the goods:
a) force majeure, war, civil war, mobilisation, military undertakings, riots, sabotage, strikes,
lockouts, blockades, civil unrest;
b) official measures and interventions, import, export or transit restrictions or prohibitions,
seizures or requisitions, insofar as the carrier is not culpable for these circumstances;
c) any kind of barrier to navigation, shipping accidents, disruptions or shutdowns in locks,
canals, ports or other shipping facilities, traffic disruptions, traffic obstructions in sea ports or
closure of navigation, insofar as the carrier is not culpable for these circumstances;
d) natural phenomena, high water, floods, ice and ice hazards.
2. For the entire duration of any such event and for max. 14 days thereafter, the carrier shall be entitled
to claim compensation for loss of use plus additional expenses for all delays in shipping turnaround.
He may also choose one of the following options:
a) either to perform the transport and to levy a freight surcharge for the whole of the route
agreed, and to encumber the goods with the expenses incurred over and above those
incurred when the contract is fulfilled in the usual manner, in which case the shipper and
recipient shall be jointly and severally liable for the extra expenses;
b) or to withdraw from the contract entirely, to invoice dead freight as per § 12 and to discharge
the goods already loaded or have them discharged at a place which appears to him to be
suitable on behalf of and at the risk and expense of the shipper and recipient, and to store
them or have them transported further by other means. All extra costs, freightage and outlay
incurred by discharge in intermediate ports, storage or further transportation shall be borne
by the cargo participants.
The carrier shall also have the right to take the action described above even if he omits to
inform the shipper and recipient that such an event has occurred.
3. The shipper and recipient shall be jointly and severally liable to the carrier for all additional day
freightage, freight surcharges, loss of use and other additional expenses.

§ 14

Carrier’s Right of Retention and Lien
1. The carrier shall have a right of retention and lien on the goods for all receivables arising from the
contract of carriage and for undisputed receivables from other carriage, forwarding or storage
contracts concluded with the shipper. The right of retention and lien shall also extend to the
accompanying documents,
2. The right of retention and lien shall exist for as long as the carrier has the goods in his possession, in
particular for as long as he has them at his disposal by means of bill of lading or warehouse bond.
3. When exercising his right of retention or lien, the carrier shall be entitled to discharge goods on behalf
of and at the risk and expense of the shipper and recipient and to store them at a suitable place or to
demand security for his claims.
4. Third parties laying claim to the goods by means of the bill of lading or consignment note shall
acknowledge the carrier’s right of retention or lien on receipt of the bill of lading or consignment note
or on these papers being placed at their disposal only on the grounds of the receivables associated
with the contract of carriage.
5. Sale of the goods on account of the right of retention or lien is admissible after one week.
6. The carrier may in any case request payment of sales commission at the standard local rate on the
gross earnings from any sale made on account of the right of retention or lien.

§ 15

Carrier Liability as per CMNI
1. Those transports to be effected by the carrier which are subject to CMNI shall be governed by the
CMNI liability regulations.
2. The carrier or sub‐carrier shall not be liable for damage
a) caused by any action or omission on the part of the skipper, navigators or other persons in
the service of the vessel or any pusher or tug responsible for navigation or by the
arrangement or disbanding of groups of pushers or tugs, provided the carrier fulfilled his
obligations pursuant to Article 3 par. 3 CMNI pertaining to the crew and insofar as the action
or omission was not performed or made with the intention of causing damage and was not
performed or made carelessly and in the knowledge that such damage would probably be
inflicted;
b) caused by fire or explosion on board the vessel insofar as no evidence is available that the fire
or explosion was the fault of the carrier, the sub‐carrier or their employees or
representatives, and the fire or explosion was not caused by a defect on board the vessel;
c) resulting from defects in his own or any leased or chartered vessel existing before the voyage
commenced, insofar as he can prove that the defects could not have been discovered before
the voyage began even though all due care was exercised.

§ 16

Carrier Liability Outside the Scope of CMNI
1. If the CMNI is not applicable, the liability regulations of the national legislation applicable as per § 27
of these conditions shall apply.
2. The carrier shall not be held liable
a) insofar as the goods to be transported have not yet been loaded/stowed on board the vessel;
b) for damages of any kind arising during the loading or discharge of the goods;
c) for damage of any kind arising after discharge;
d) for any consequential damages, including damages due to delay, regardless of the cause
thereof.
3. Moreover, the carrier shall not be liable for damage caused by any of the following circumstances or
hazards:
a) actions or omissions on the part of the shipper, recipient or cargo participants;
b) handling, loading, stowing or discharging the goods;
c) transport of the goods on deck or in open vessels, insofar as this type of transport was agreed
with the shipper or conforms to the customs of the relevant trading class or was rendered
necessary by applicable legislation;
d) natural properties of the goods, due to which they are at risk of whole or partial loss or
damage, in particular through breakage, rust, internal decay, dehydration, leakage, normal
volume or weight shrinkage, vermin and rodents;
e) the effects of heat, cold or melting, ignition or corrosion of the goods;
f) fire or explosion;
g) missing or defective packaging, if the natural properties of the goods render them subject to
loss or damage is the packaging is missing or defective;
h) insufficient or inadequate labelling of the goods;
i) assistance or rescue rendered or attempted on navigable waters;
j) transport of livestock, unless the carrier disregarded the measures or denials agreed in the
contract of carriage;
k) errors in navigating or handling the vessel, including errors caused by the arrangement of
group of tugs or pushers;
l) behaviour of any obligatory pilot;
m) delays or tardiness.
Should any damage arise which depending on the circumstances of the case could arise from any of
the circumstances or hazards described above, it shall be assumed that the damage arose from this
circumstance or hazard and that a careful carrier would not have been able to prevent the damage.
4. Insofar as the applicable national law contains exclusions of liability additional to those contained in
paragraphs 2 and 3, the carrier may also draw on these additional exclusions of liability.

§ 17

Scope of Liability
1. Insofar as the CMNI is not applicable, the compensation to be paid by the carrier in the event of loss or
damage of the goods, damage caused by delay or pecuniary loss shall be determined by the
international or national legislation applicable to the contract of carriage, insofar as no alternative
arrangements have been made as part of a legally admissible right of disposition.
2. Insofar as national law does not stipulate lower limitations of liability, the compensation to be paid by
the carrier for loss or damage of goods shall be limited to two accounting units per kg. The
accounting unit per kg is the special drawing right determined by the International Monetary Fund.
Should the delivery deadline be exceeded, the carrier’s liability shall be limited to triple the freightage.
3. Subject to alternative trading practice, no liability is accepted for deficits, short weight or short
dimensions not more than 2% below the total weight or dimensions of the batch concerned.
4. If bulk products of the same type are stowed together in the same vessel or hold, the individual load
owners, shippers and recipients shall divide any short weight, damage, average, excess weight or
excess dimensions among themselves proportionally.
5. The conditions governing the exclusion, limitation and definition of the carrier’s liability shall apply to
all contractual and extra‐contractual claims regardless of the legal grounds.
6. All exclusions and limitations of liability in the carrier’s favour stipulated in these conditions and in the
applicable statutes shall likewise apply to his employees and all other assistants.
7. Should the carrier’s liability be excluded or limited on the basis of these conditions, the shipper shall
also undertake to exempt him from third‐party claims.

§ 18

Shipper’s Liability for Carrier Damage
The shipper is obliged to compensate the carrier for damage caused by the material provided by the shipper or
through the transport of his consignment. The shipper shall not be obliged to pay compensation if the carrier is
culpable for the damage. Should both the shipper and the carrier be culpable for the damage, both parties shall
bear the liability proportionately.

§ 19

Insurance
The carrier is not obliged to insure the goods against specific hazards and risks unless he has been expressly
requested to do so in writing.

§ 20

General Average
The currently valid version of IVR’s general average regulations (published under www.ivr.nl) shall apply in
cases of general average. The text is available on request.
The cargo interests shall be obliged to pay contributions and/or advancements immediately, notwithstanding
and irrespective of any right to reclamation of the payable amounts which may be stipulated in the contract of
carriage. They shall be jointly and severally liable to the carrier for all general average contributions charged
due to any average adjustment on their goods. The carrier is entitled to request the reversal of these amounts
along with the submission of a quotation. Any right of retention on general average contributions is herewith
excluded.
Any right to reclamation of general average contributions already paid is excluded in cases where CMNI is
applicable and the general average was caused by nautical culpability as per Article 25 par. 2a CMNI, by fire or
explosion or by a defect in the vessel which was not recognisable when the voyage commenced. The right to
reclaim general average contributions in the cases mentioned above shall not be waived where specific
responsibility exists in cases of nautical culpability, or if the carrier is culpable in cases of fire, explosion or
defects in the vessel when the voyage commences.

§ 21

Offsetting / Prohibition of Assignment
The shipper and recipient are not entitled to offset receivables due to the carrier against receivables disputed
by the carrier, irrespective of the legal grounds, and/or to assert any right to retention of receivables due to the
carrier.
The shipper and recipient are not entitled to cede claims associated with the contract of carriage due to the
carrier, his auxiliaries or vicarious agents as per § 2 par. 2 to third parties without the carrier’s written
agreement – with the exception of transport insurers.

§ 22

Temporal Limitation
All claims against the carrier or sub‐carrier, their auxiliaries and vicarious agents shall lapse one year after the
day on which the goods were delivered or should have been delivered to the recipient. The day on which this
period begins is not taken into consideration when calculating this deadline.

§ 23

Liability Regulations in the Carrier’s Favour
The carrier may claim all exclusions or limitations of liability, shortened deadlines or waivers of recourse agreed
between the shipper and recipient for himself.

§ 24

Legal Venue
The legal venue for all disputes arising from or in connection with the contract of carriage is the carrier’s
headquarter. This legal venue is exclusive for all lawsuits filed against the carrier. The carrier is entitled to
resort to another court which is declared by statutory legislation to be competent.

§ 25

Severability Clause
Should any of the conditions above be ineffective, this shall exert no influence on the validity of the other
conditions.
In such cases, the parties shall undertake to replace the ineffective condition with an effective condition
serving the commercial purpose of the invalid condition as closely as possible.

§ 26

Exceptions to the Application of Specific National Legislation
Should the contract of carriage be subject to German legislation, the conditions given below shall not apply or
shall only apply subject to the provisos mentioned:
§ 12 par. 1 is subject to the proviso that the constellations described are not the carrier’s responsibility.
Pursuant to par. 2, the contract may be rescinded under the conditions mentioned in this paragraph.
The carrier’s rights described in § 13 par. 2 are subject to the proviso that he is not responsible for the events
described in paragraph 1.
The limitations of liability as per § 13 par. 3 letter k do not apply.

§ 27

Applicable Law
The contract is subject to the law chosen by the parties. If the parties have not stipulated any contractual
legislation, the law of the country in which the carrier is domiciled shall apply, including the locally relevant and
applicable international agreements, in particular the CMNI.
*****
The conditions given above were drawn up in collaboration with the committee on inland shipping legislation
of the VBW (European Inland Shipping and Waterways Association) and the juristic commission of IVR.

www.ivr.nl