SHIPPING & LOGISTICS AGREEMENT

PREAMBLE

This Shipping & Logistics Agreement ("Agreement") between [Shipper / Merchant] and [Carrier / Logistics Provider] establishes terms for package delivery services effective [Date]. Legal Framework: German Carriage of Goods Act (Carriage Services Regulation), EU Carriage of Goods Regulation 2015/2120, US Interstate Commerce Act 49 USC §11901+, Carmack Amendment 49 USC §1301 (Carrier Liability).

1.1 Services Provided: Carrier agrees to transport packages per German BGB §409 (Carrier Obligations):
☑ Pickup from shipper location: [X location(s)]
☑ Ground transportation: [national / international / worldwide]
☑ Delivery to recipient address per shipping label
☑ Tracking (online visibility of shipment status)
☑ Insurance coverage: ☐ included ☐ optional (separate fee)
1.2 Shipment Eligibility: Carrier accepts packages:
• Weight: up to [X lbs/kg] per package
• Dimensions: up to [X x X x X inches/cm]
• Contents: Legal goods only (no hazardous/prohibited materials per IATA Dangerous Goods Regulations)
• Condition: Properly packaged (carrier may reject if inadequately packaged)
1.3 Prohibited Items: Carrier will NOT ship:
✗ Hazardous materials (explosives, flammables, chemicals)
✗ Illegal items (weapons, controlled substances)
✗ Perishable food (unless with temperature control)
✗ Animals (except service animals per ADA 49 USC §1382)
✗ Cash/valuables (unless insured per Section 5)

2.1 Rate Structure: Shipping charges based on:
• Service level: [Ground / 2-Day / Overnight / International]
• Weight: [dimensional weight = L × W × H / 166 or actual weight, whichever greater] per Uniform Freight Classification 49 USC §13701
• Distance: [zone-based or distance-based pricing]
• Volume discount: [X%] off published rates if [X shipments/month]
2.2 Fuel Surcharge: Carrier may adjust rates if fuel prices fluctuate >$[2.50 per gallon]:
• Surcharge: [+X%] if fuel > $[3.00] per gallon
• Notice: Shipper receives notice of surcharge change 30 days in advance
2.3 Invoice & Payment: Shipper pays within [30 days] of invoice per German Late Payment Act:
• Invoice submitted: Carrier sends via email (with tracking info)
• Late payment: Interest charged at [1.5% monthly / statutory rate]

3.1 Service Level Definitions: Carrier provides per German BGB §425 (Delivery Terms):
☐ Ground: Delivery within [5-7 business days] (domestic)
☐ 2-Day Express: Delivery within [2 business days]
☐ Overnight: Delivery within [1 business day]
☐ International: [7-14 business days] (varies by country per customs clearance)
3.2 Cutoff Times: Shipper must submit shipments by:
• Ground: [3 PM] local time (for next-day processing)
• Express: [5 PM] local time
• Overnight: [6 PM] local time
Shipments after cutoff processed next business day
3.3 Delivery Exceptions (NO PENALTY): Transit times NOT guaranteed if:
• Natural disaster, weather (snow, hurricane, flooding) per BGB §313 (Frustration)
• Force majeure (war, civil unrest, pandemic)
• Recipient unavailable / address incorrect
• Customs delay (international) / documentation missing
3.4 Delay Credits: If shipment misses guaranteed delivery by >X business days:
• Shipper receives [credit X% of shipping fee] applied to next shipment
• Claim must be filed within [30 days] of expected delivery date

4.1 Carrier Liability (LIMITED): Per Carmack Amendment 49 USC §1304, carrier liable for loss/damage BUT:
• Maximum liability: EUR/USD [100 / $0.50 per lb / actual value (capped)]
• Excludes: indirect, consequential, lost profits, business interruption damages
4.2 Loss/Damage Definition: Carrier NOT liable if damage caused by:
• Inadequate packaging (shipper responsibility per BGB §409)
• Act of God (natural disaster, weather)
• Shipper error (wrong address, missing apartment number)
• Third-party theft (after delivery to building vestibule)
• Perishable item spoilage (no temperature control)
4.3 Shipper Liability: Shipper indemnifies carrier from claims relating to:
• Package contents (quality, safety, legality)
• Inadequate packaging damage claims
• Undeclared hazardous materials

5.1 Standard Coverage (Included): Carrier provides basic coverage:
• Automatic coverage: up to EUR/USD [100] per package at no charge per German BGB §410 (Carrier Insurance)
• Claims paid for: total loss, damage/destruction with photos
5.2 Declared Value / Additional Insurance: For packages >EUR/USD [100]:
• Shipper declares value on shipping label
• Additional insurance premium: [X% of declared value] (separate charge)
• Example: $500 declared value × [3%] = $15 insurance fee
• Coverage limit: Up to declared value (capped at EUR/USD [5,000 / $10,000])
5.3 High-Value Shipments: For shipments >EUR/USD [5,000 / $10,000]:
• Requires separate arrangement (special handling, signature confirmation)
• Premium rate: [+X%] of shipping fee
• Shipper must provide: inventory list, photos, proof of value

6.1 Loss/Damage Claims: Shipper/recipient must file within per Carmack Amendment 49 USC §1306 (Claim Timeline):
• Timeline: [30 / 60 days] from delivery date (or non-delivery date)
• Method: Written claim (email or website form) with:
— Tracking number
— Photos of damage (if received)
— Proof of value (invoice, receipt)
— Declared value on shipping label
6.2 Investigation Process: Carrier investigates within [10 / 15 business days]:
• Shipper provides additional evidence (if requested)
• Carrier may request package return for inspection
• Decision issued: Approve claim, deny claim, or partial settlement
6.3 Claim Payout: If approved, payment issued within [14 / 30 days] via:
• Original payment method (check, ACH, credit)
• Payment amount: Actual claim value (up to liability limit)

7.1 Signature Confirmation: Recipient signature required upon delivery per BGB §425(2) (Delivery Requirements):
• Premium: [+EUR/USD X] per shipment
• Proof of delivery (photo + signature provided to shipper)
7.2 Address Correction / Address Change:
• If shipper notifies carrier before pickup: FREE address change
• If corrected after pickup: [EUR/USD X] surcharge (address correction fee)
7.3 Delivery Attempts: Carrier makes [3] delivery attempts at recipient address:
• If recipient not home: Attempted notice left
• Package held at facility: [5 / 10 days] before return to sender
7.4 Return Shipments: If recipient refuses delivery or undeliverable:
• Package returned to shipper at: [no charge / EUR/USD X return fee]
• Return timing: [3-5 business days] after final delivery attempt

8.1 Agreement Term: Effective [Date], continuing month-to-month until terminated per BGB §622 (Termination)
8.2 Termination Rights: Either party may terminate with [30 days] written notice
• Pending shipments completed per original terms
• Final invoice due within [30 days] of termination
8.3 Rate Adjustments: Carrier may adjust rates annually (January 1st) with [60 days] notice
• Shipper may terminate if rate increase >5%

Law: ☐ German (BGB + Carriage Act) ☐ [US (Carmack Amendment + ICC) | Disputes: Binding arbitration per carrier rules / Court jurisdiction