1. Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all forwarding, logistics, transport, customs clearance, warehousing, and related services provided by GSI Cargo GmbH, registered in Frankfurt, Germany.
1.2 These terms form an integral part of all offers, quotations, and contracts concluded with customers, unless otherwise expressly agreed in writing.
1.3 Deviating terms and conditions of the customer shall not apply, even if not expressly objected to by GSI Cargo GmbH.

2. Legal Framework

2.1 The forwarding activities of GSI Cargo GmbH are governed by the provisions of the German Commercial Code (Handelsgesetzbuch – HGB), in particular §§ 407 – 475h HGB, and the German Freight Forwarders’ Standard Terms and Conditions (ADSp 2023), as amended.
2.2 In case of conflict between these GTC and the ADSp 2023, these GTC shall prevail.

3. Offers and Prices

3.1 All offers are non-binding and subject to confirmation.
3.2 Prices are based on current freight rates, exchange rates, and surcharges valid at the time of quotation. Any variation in rates, customs duties, taxes, or fuel costs may be adjusted accordingly.
3.3 Quotations are exclusive of VAT and any government charges unless otherwise stated.

4. Payment Terms

4.1 Unless otherwise agreed in writing, all invoices are payable within 14 days from the date of invoice, without deduction.
4.2 In case of delay in payment, GSI Cargo GmbH shall be entitled to charge interest at 9 % p.a. above the base rate of the European Central Bank, as well as all reasonable collection and legal costs.
4.3 The customer is not entitled to set-off or withhold payments unless the counter-claim is undisputed or legally established.

5. Performance of Services

5.1 GSI Cargo GmbH acts as freight forwarder unless explicitly acting as carrier.
5.2 Transit times are estimates only and not guaranteed unless expressly confirmed in writing.
5.3 The customer shall provide all necessary documentation (commercial invoice, packing list, permits, etc.) and ensure compliance with export/import regulations.
5.4 Dangerous goods, perishable cargo, or high-value shipments must be declared in advance and accepted only under written approval.

6. Liability and Limitation

6.1 Forwarder Role
GSI Cargo GmbH acts solely as a freight forwarding agent and logistics coordinator (“Spediteur” as defined under §§ 453–466 HGB) and not as the actual carrier, unless explicitly stated in writing. The company’s responsibility is limited to the proper selection and instruction of carriers, subcontractors, and service providers.
6.2 Transfer of Risk
Once goods are handed over to the contracted carrier, airline, shipping line, or other transport operator, all risk and liability for loss, delay, or damage passes to that carrier or operator. The customer acknowledges that the carrier’s terms and liability limitations shall apply from that point onward.
6.3 Exclusion of Liability
GSI Cargo GmbH shall not be liable for loss, damage, or delay arising from:

• Acts or omissions of third-party carriers, customs, or government authorities;

• Force majeure, strikes, or disruptions in global logistics;

• Inadequate or misleading information provided by the customer;

• Hidden defects, improper packaging, or inaccurate declarations by the shipper.

6.4 Liability Limitation (as per HGB and ADSp 2023)
In the event GSI Cargo GmbH is held liable as a forwarder, such liability shall be limited in accordance with § 431 HGBand the German Freight Forwarders’ Standard Terms (ADSp 2023), whichever is lower:

• For loss or damage: €5.00 per kg gross weight, or

• Maximum €1 million per incident, whichever is lower.

For delay, the liability is limited to the amount of the freight charge for the affected shipment.
6.5 Customer’s Insurance Obligation
The customer is strongly advised and deemed responsible to maintain adequate cargo insurance covering loss, theft, damage, or delay. GSI Cargo GmbH shall not arrange such insurance unless specifically requested in writing prior to shipment and confirmed by written acceptance.
6.6 Indirect or Consequential Losses
GSI Cargo GmbH shall not be liable for indirect, special, or consequential losses including but not limited to loss of profit, business interruption, or reputational damage, regardless of cause.
6.7 Claim Notice Period
All claims must be notified in writing within 7 days of delivery (or expected delivery date). Failure to do so shall release GSI Cargo GmbH from any liability.
 
7. Insurance

7.1 Transport insurance will only be arranged upon the customer’s express written request and at customer’s cost.
7.2 The insurance coverage and claim procedure shall follow the insurer’s terms and conditions.

8. Customs Clearance

8.1 GSI Cargo GmbH may perform or subcontract customs clearance under the name and responsibility of the customer.
8.2 The customer is responsible for the accuracy and completeness of customs documents and declarations.

9. Force Majeure

9.1 GSI Cargo GmbH shall not be liable for any failure or delay caused by events beyond its reasonable control, including but not limited to war, strikes, embargoes, pandemics, natural disasters, or governmental restrictions.

10. Arbitration and Jurisdiction

10.1 All disputes arising out of or in connection with this Agreement shall first be settled amicably between the parties.
10.2 Failing amicable settlement, disputes shall be finally resolved by arbitration in Frankfurt, Germany, in accordance with the rules of the German Institution of Arbitration (DIS).
10.3 The place of jurisdiction and performance shall be Frankfurt am Main, Germany.
10.4 The governing law shall be the laws of the Federal Republic of Germany, excluding its conflict-of-laws principles and the UN Convention on Contracts for the International Sale of Goods (CISG).

11. Data Protection

11.1 GSI Cargo GmbH complies with the EU General Data Protection Regulation (GDPR).
11.2 Customer data shall only be collected, stored, and processed for business purposes and not shared with unauthorized third parties.

12. Severability

12.1 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one reflecting the same economic intent.

13. Final Provisions

13.1 The English version of these GTC is provided for convenience. In case of conflict, the German version shall prevail.
13.2 These GTC shall take effect as of 01 November 2025 and remain valid until further revision.

Company Details:
GSI Cargo GmbH
Registered Office: Frankfurt am Main, Germany
Email: operations@gsicargo.com | Website: www.gsicargo.de