Special terms and conditions for dangerous goods shipments

Special terms and conditions for dangerous goods shipments booked through ITA Shipping GmbH, hereinafter: LetMeShip

(1) These Special Conditions (hereinafter “Dangerous Goods Special Conditions”) govern the requirements for booking domestic and international dangerous goods shipments via the shipping platform (booking platform) operated by LetMeShip by road and air freight. Dangerous goods shipments by rail, sea and inland waterway are excluded.

(2) The Dangerous Goods Terms and Conditions apply to all dangerous goods transport, including the transport of dangerous goods in limited quantities (Limited Quantities, LQ) in accordance with Chapter 3.4 of the ADR and the transport of dangerous goods in excepted quantities (Excepted Quantities, EQ) in accordance with Chapter 3.5 of the ADR / Section 2.6 of the IATA DGR. This includes the transport of empty packaging that has been used to transport dangerous goods.

(3) The Dangerous Goods Terms and Conditions apply in addition to the general terms and conditions listed below, in the following order of precedence:

• these Dangerous Goods Terms and Conditions
• the General Terms and Conditions of Business and Insurance of the subcontracted transport company responsible for carrying out the dangerous goods transport (hereinafter: “Sub-carrier”), each available at the following link https://www.letmeship.com/carrier-agb/ and
• he LetMeShip Terms and Conditions (available at: https://www.letmeship.com/de/agb/)

(4) The Terms of Use for the Online Platform (available at: https://www.letmeship.com/de/agb/) also apply to the use of the LetMeShip platform.

(1) Dangerous goods within the meaning of these Dangerous Goods Terms and Conditions are all substances or objects classified as dangerous in accordance with the provisions of the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) or the IATA Dangerous Goods Regulations (IATA-DGR).

(2) Dangerous goods are permitted for national and international transport via LetMeShip, unless they

• are excluded in accordance with Clause 6 of the LetMeShip Terms and Conditions or
• in accordance with the General Terms and Conditions of Business and Insurance of the sub-carrier selected by the Client (each available via the link specified in § 1 (3)) or
• due to the general restrictions mentioned in paragraph (3) or
• due to the dangerous goods-specific restrictions

are excluded from transport.

(3) In addition to the other transport exclusions mentioned in paragraph § 2 (2), a general transport exclusion, independent of the dangerous goods class, applies to:

• Substances subject to temperature control.
• Consignments prepared in accordance with IATA DGR Special Provision A209, as well as consignments authorised by the competent aviation authority that comply with Special Provisions A2 and A183, are excluded from air transport.
• Dangerous goods transported using dry ice without specialised packaging, without labelling on the packaging (Class 9 hazard label), without marking on the outside of the packaging (UN number, correct shipping name and net weight of the dry ice in kg), without the sender’s and recipient’s addresses affixed directly to the parcel, or without additional details in the ‘Nature and Quantity of Goods’ section of the air waybill (UN number, correct shipping name and net weight of the dry ice in kg);
• Packages that are not labelled, marked and tagged in accordance with legal and contractual requirements, whereby the necessary documents, markings and labels must not be affixed to the underside of the package. This does not apply to UN markings for packaging;
• Dangerous goods packed in packaging bearing the sub-carrier’s logo;
• Dangerous goods in road transport that exceed the 1000-point limit in accordance with ADR 1.1.3.6 and
• dangerous goods with different UN numbers that are packed together in a single consignment or outer packaging (“mixed packing”, “all packed in one”) (prohibition on mixed loading). This does not apply to the packing together of lithium batteries with different UN numbers which are exempt from the labelling requirement for lithium batteries (7.1.5.5 in accordance with Packing Instruction 967 or 970, e.g. temperature measuring devices), provided the client has not selected     
  • UN 3481, PI 967 oder
  • UN 3091, PI 970     

in the booking platform.

In addition to the dangerous goods exclusions specified in paragraph 2(2) and paragraph 2(3), the following dangerous goods-specific transport exclusions apply:

Class	Scope of transport exclusion	Permitted exceptions
1 Explosive substances	This dangerous goods class is completely excluded from air and road transport, with the exception listed on the right	Class 1.4. S – Substances and articles with a low risk of explosion are permitted for air and road transport
2.1 Flammable gases	The following UN number is excluded from air and road transport: UN 1001 – Acetylene, dissolved The following are excluded from road transport: Lighters not shipped in accordance with 1.1.3.6 ADR.
2.2 Non-flammable, non-toxic gases	The following UN numbers are excluded from air transport: UN 1072 – Oxygen, compressed UN 1070 – Nitrous oxide UN 2451 – Nitrogen trifluoride UN 3156 – Compressed gas, oxidising, n.o.s. and UN 3157 – Liquefied gas, oxidising, n.o.s.
2.3 Toxic gases	This class of dangerous goods is completely excluded from air and road transport
3 Flammable liquids	The following are excluded from air and road transport: the UN numbers UN 1162 – Dimethyldichlorosilane UN 1308 – Zirconium suspended in a flammable liquid and substances that must be transported at elevated temperatures (UN 3256, UN 3257)
4.1 Flammable solids, self-reactive substances, polymerising substances and desensitised explosive substances	The following are excluded from air and road transport: Substances in the molten state (UN 2304, UN 3176, UN 2448) Substances with a Class 1 subsidiary risk (explosive substances) (UN 3221, UN 3222, UN 3231, UN 3232) are subject to
4.2 Self-reactive substances	The following are excluded from air and road transport Substances in a molten state (UN 2447)
4.3 Substances which, in contact with water, emit flammable gases	Substances which, in contact with water, emit flammable gases The following are excluded from air transport Consignments originating outside the USA and destined for a destination within the USA
5.1 Substances with an oxidising effect	Excluded from air and road transport is UN number: UN 1873 – Perchloric acid ) Excluded from air transport is UN number: UN 3356 (Oxygen generator, chemical)
5.2 Organic peroxides	Excluded from air and road transport are: Substances with a secondary risk of Class 1 (Explosive substances (UN 3101, UN 3102, UN 3111, UN 3112).
6.1 Toxic substances	This class of dangerous goods is completely excluded from air and road transport
6.2 Infectious substances	This class of dangerous goods is completely excluded from air and road transport, with the exception listed on the right	UN 3373 – Biological substance is permitted for air and road transport
7 Radioactive substances	This class of dangerous goods is completely excluded from air and road transport
8 Corrosive substances	The following are excluded from air and road transport: UN 2215 in molten form UN 2576 in molten form UN 1796 – Nitrous acid mixture UN 1826 – Waste nitrous acid mixture and UN 2031 – Nitric acid Excluded from road transport are the UN numbers: UN 2794 – Batteries (accumulators), wet, filled with acid and UN 2795 – Batteries (accumulators), wet, filled with alkali unless they fully comply with the requirements of ADR Special Provision 598 and are therefore exempt from the provisions of the ADR; and the transport route does not include any ferry crossings; and the consignment note and the packaging bear the notation “UN 2794/UN 2795 – Not restricted in accordance with ADR Special Provision 598”.
9 Miscellaneous dangerous substances or articles	The following are excluded from air and road transport: UN 2315 – Polychlorinated biphenyls, liquid UN 3077 – Environmentally hazardous substances, solid, n.o.s. UN 3082 – Environmentally hazardous substances, liquid, n.o.s. UN 3432 — Polychlorinated biphenyls, solid
9a Lithium batteries	Excluded from air transport are: Lithium-ion cells or batteries and lithium metal cells or batteries that have been identified as defective for safety reasons and pose a risk of dangerous heat generation, fire or short-circuit; including consignments in accordance with ADR Special Provision 376 Data loggers and data monitors (except FedEx SenseAware®)    Small battery-powered vehicles (e.g. hoverboards, self-balancing scooters, unicycles and single-wheeled personal transport vehicles), unless they are new and in their original, unopened packaging

(5) Where dangerous goods are excluded from transport in accordance with these Dangerous Goods Special Conditions, this shall also apply if such goods are permitted for transport under the General Terms and Conditions of Business and Insurance of the Sub-Carrier. These Dangerous Goods Special Conditions take precedence over the General Terms and Conditions of Business and Insurance of the Sub-Carrier.

(1) The shipment of dangerous goods approved for transport in accordance with § 2 is governed – depending on the mode of transport and type of shipment (domestic / international) – in particular by

• the German Act on the Transport of Dangerous Goods (GGBefG),
• the German Ordinance on the Transport of Dangerous Goods by Road, Rail and Inland Waterways (GGVSEB),
• the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and
• the IATA Dangerous Goods Regulations (IATA-DGR),

apply. These must be observed and complied with by the Client. The validity of other relevant national or international dangerous goods regulations remains unaffected. These must also be observed and complied with by the Client on their own responsibility.

(1) In the case of dangerous goods transport, stated transit times or delivery deadlines are not binding. This also applies if the Client chooses a mode of dispatch that normally provides for a binding delivery deadline.

(2) The shipping options for dangerous goods authorised in accordance with § 2 depend on the respective shipping method, the mode of transport, the country of origin and destination, as well as the General Terms and Conditions of Business and Insurance of the sub-carrier carrying out the transport.

There is no guarantee of the general availability of shipping options for dangerous goods. The final assessment and approval of the transport always rests with LetMeShip and the respective sub-carrier. The selection and availability of suitable sub-carriers and shipping options are displayed to the client via the LetMeShip booking platform and are based on the specific characteristics of the dangerous goods to be shipped as specified by the client (e.g. substance class, quantity, packaging, mode of transport). The available options and restrictions can be viewed on the booking platform or obtained on request from the LetMeShip team.

(1) The shipment of dangerous goods must be carried out in accordance with the sub-carrier’s General Terms and Conditions of Business and Insurance, in particular with regard to additional transport exclusions as well as additional labelling, packaging and documentation requirements. The sub-carrier’s General Terms and Conditions of Business and Insurance are available via the link specified in § 1(3).

(2) The Client is responsible for ensuring that they and their vicarious agents (e.g. other parties involved within the meaning of the ADR, such as shippers and packers) comply with the relevant international treaties, laws and regulations governing dangerous goods in their currently valid versions.

(3) The Client shall ensure that only dangerous goods approved in accordance with § 2 are handed over for transport and that the chosen mode of transport is permissible.

(4) The Client guarantees the correct classification of the dangerous goods.

(5) The Client shall ensure that the booking of dangerous goods consignments is carried out only by trained employees of the Client who possess the appropriate qualification for the respective mode of transport (road/air) and a valid training certificate. The Client is obliged, at LetMeShip’s request, to demonstrate compliance with the training requirements by presenting valid training certificates for themselves and their agents and vicarious agents (ADR 1.3, IATA-DGR/ICAO-TI).

(6) The Client shall ensure that LetMeShip and the selected sub-carrier are provided with accurate and complete information during the booking process via the booking platform and that the consignment is declared in accordance with legal requirements. This includes, in particular, the correct specification of the dangerous goods class, the name of the dangerous goods, the UN number, the packing group, (where applicable) the tunnel restriction code, the quantity per consignment, the total quantity and the gross weight, as well as the provision of additional dangerous goods-specific details and information (e.g. indication of whether the consignment is LQ or EQ).

(7) The Client shall ensure that all packages are properly and permanently labelled and marked.

(8) The Client is obliged to provide the consignment with all details, information, transport and accompanying documents required by law and contract for the transport (in particular dangerous goods declarations, current safety data sheets in the required language, emergency information, (where necessary) instructions for handling the dangerous goods, consignment notes, customs documents and evidence of compliance with quantity limits (for LQ/EQ)) to the consignment in full, legibly and in the prescribed form. Handwritten shipper’s declarations (or equivalent documents for road or multimodal transport) will not be accepted. The following fields in the shipper’s declaration must be completed in typewritten or computerised form:

• UN or ID number, including prefix
• Proper shipping name
• Hazard class or subclass
• Supplementary hazard or subclass(es)
• Packing group
• Packing type
• Packing instruction
• Authorisation
• Emergency contact number

All other details – including the technical name – may be entered by hand.

(9) Where a shipper’s declaration (or a comparable document for road or multimodal transport) is required,

• in the case of air freight consignments, three (3) copies must be submitted with each consignment at the point of departure. At least two of the copies must feature the diagonal hatching vertically along the left and right margins and be printed in red. If a consignment (or transport order) consists of more than one outer packaging or overpack, an additional black-and-white copy of the shipper’s declaration must be enclosed.
• in the case of road transport, two (2) copies must be provided with each consignment at the point of origin.

(10) The dangerous goods approved for transport in accordance with § 2 must be packed by the client in a manner that ensures safe transport. Unpackaged shipments – for example, in open containers such as canisters – are not permitted. The client must ensure that only UN-compliant packaging is used, which is undamaged and suitable and approved for the carriage of the dangerous goods to be transported. Where reuse of the packaging is permitted, it must be cleared of old dangerous goods labels and information prior to reuse.

The packaging used must be able to withstand the mechanical stresses to be expected during transport. In particular, it must not tear, burst or become damaged, nor must it cause any disruptions in the automated or manual handling process.

Consignments containing liquid dangerous goods that may only be transported in a specific orientation (e.g. machines, equipment, containers) must be declared as bulky goods and dispatched accordingly.

The client is obliged, prior to each booking, to check the safety data sheet (in particular Section 14) for completeness and accuracy, to select the appropriate shipping option in the LetMeShip portal, to upload all required documents to their account, and to observe the warnings and validations in the portal. The Client is also obliged to enclose the Safety Data Sheet (SDS or MSDS: Material Safety Data Sheet) with the dangerous goods in accordance with the sub-carrier’s specifications.

(1) The client’s liability – including liability for breach of the provisions of these Dangerous Goods Terms and Conditions or applicable dangerous goods regulations – is governed by Clause 17 of the LetMeShip Terms and Conditions.

(2) LetMeShip is entitled to permanently or temporarily exclude clients who breach these Dangerous Goods Terms and Conditions from shipping dangerous goods via the platform. (3) For clients with a “LetMeShip SaaS” contract, Clause 25 of the LetMeShip Terms and Conditions applies.

If you have any questions regarding the availability of services, or in the event of any ambiguities or special cases, the LetMeShip Dangerous Goods Support Team is available at https://www.letmeship.com/de/kontakt/. It is hereby clarified that the LetMeShip Support Team does not provide any (legal) advice regarding the transport of dangerous goods.