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DSV STANDARD TERMS AND CONDITIONS ENG

DSV STANDARD TERMS & CONDITIONS 1. Interpretation Below definitions shall apply
to Services provided by or on behalf of DSV to the Customer: 'Agent' shall mean
a person or entity acting on behalf of and for the account of any third party.
'Agreement' shall mean the mutual understanding between the Customer and DSV
regarding the provision of Services, including these Conditions and, to the
extent applicable, the documents issued by or on behalf of DSV referenced in
clause 2.2 and any negotiated and signed agreements between the Customer and DSV
referenced in clause 2.3 below. 'Ancillary Services' shall mean services which
are secondary to the primary Consultancy, Transport or Logistics Services.
'Authority' shall mean a duly constituted legal or administrative person or
entity, acting within its legal powers and exercising jurisdiction within any
nation, state, municipality, port or airport. ‘Brexit Trigger Event’ shall mean
any of the following events occurring in respect of Services relating to
shipments to or from the United Kingdom at any time after the United Kingdom
ceases to be a Member State of the European Union: a. a substantial adverse
impact on DSV’s ability to perform the Services in accordance with the Agreement
and the law; b. an increase in the costs incurred by DSV in performing any part
of the Services of at least 5% (five percent) since the Prices were last agreed;
c. the Prices of any part of the Services are at least 5% lower than the market
value for such Services. Save as expressly provided herein, a Brexit Trigger
Event shall not terminate or alter (or give any party a right to terminate or
alter) this Agreement, or invalidate any of its terms or discharge or excuse
performance under it. 'Cargo Insurance' shall mean all risk insurance coverage
of transported or stored items. 'Conditions’ shall mean these DSV Standard Terms
& Conditions. 'Container' shall mean any container, flexi tank, trailer,
transportable tank, flat, pallet or any article of transport used to carry or
consolidate goods and any equipment of or connected thereto. 'Consultancy
Services' shall mean consulting or advisory services related to transport or
logistics without engaging in or arranging of the physical movement or handling
of Goods. Such services can be related, but are not limited to, cost analysis of
supply chains, optimization of transport or logistics setups. 'Customer' shall
mean the person or entity at whose request or on whose behalf DSV provides
Services. 'Customs Services' shall mean any aspect related to provision of
customs services in respect of the transported, stored or handled Goods such as,
but not limited to, clearance, storage in bonded warehouses, issuance of
documents etc. performed on behalf of the Customer. 'Dangerous Goods' shall mean
items or goods which are or may become of a dangerous, inflammable, radio-active
or damaging nature and items or goods likely to harbour or encourage vermin or
other pests. 'Direct Representative' shall mean a representative for customs
purposes acting on behalf and in the name of the importer/exporter, such that
the representative (DSV) shall not in any way be liable for any customs duties,
excises, taxes, fines penalties and interest due in connection with the imported
or exported goods. 'DSV' shall mean the contracting DSV entity (including, as
applicable, any affiliate and/or subsidiary of DSV Panalpina A/S) which performs
or arranges the performance of the Services for the Customer as requested in any
given order/service request. 'Goods' shall mean any item(s) and/or property
handled by DSV during provision of Services for or on behalf of the Customer.
‘Indirect Representative’ shall mean a representative for customs purposes
acting in a capacity such that the representative (DSV) becomes jointly and/or
severally liable for any customs duties, excises, taxes, fines penalties and/or
interest due in connection with the imported or exported goods. 'Instructions'
shall mean a statement of the Customer’s specific requirements. 'Owner' if
different from the Customer, shall mean the owner, shipper and consignee of the
Goods and any other person who is or may become interested in the Goods and
anyone acting on their behalf. 'Person' shall mean persons or any corporate body
or bodies. 'Prices' shall mean the remuneration for the Services rendered by DSV
as agreed between the Parties, including by acceptance by the Customer of a
quotation issued by DSV and/or as set out in a pricing schedule, rate card or
similar document annexed or attached to, or referenced within the Agreement.
'Principal' shall mean a person or entity acting in own name and for own
account. 'Registered office' shall mean the address where DSV is incorporated
and registered. 'Services' shall mean the Ancillary Services, Consultancy
Services, Customs Services, Transport Services and/or Warehousing Services
provided by DSV to the Customer and all matters necessarily related to the
provision of the Services as well as those ancillary to the provision of the
Services. ‘SDR’ means a Special Drawing Right as defined by the International
Monetary Fund. 'Transport Services' shall mean freight forwarding and/or
carriage services rendered by DSV in connection with the physical movement of
Goods by air, sea, rail or road or any combination thereof, including temporary
storage during transport such as hubbing, cross docking etc. where such
temporary storage is an integrated part of the movement of Goods ‘Warehousing
Services’ shall mean all activities such as but not limited to unloading,
acceptance, storage, delivery, stock control, order handling, order picking,
preparing for shipment, loading, invoicing, assembling, labelling, exchange,
control of information and ancillary services with regard to Goods, that have
been agreed between the Customer and DSV separate from any Transport Services.
Version 0.13 – November 2019 2. Application 2.1. Save as specified in the below
clauses 2.2 – 2.3, all Services whether gratuitous or not are performed by DSV
subject to these Conditions. 2.2. Where a document is issued by or on behalf of
DSV and bears the title of, or includes the words, 'bill of lading' (whether or
not negotiable), or sea or air 'waybill' and provides that DSV contracts as
carrier, the provisions set out in that document, if inconsistent with these
Conditions, shall be paramount and prevail over these Conditions to the extent
that such provisions are inconsistent, but no further. 2.3. If DSV and the
Customer have both signed a specially negotiated agreement including but not
limited to generally accepted freight forwarding terms and conditions as are
customarily applicable to the Service, then these Conditions shall continue to
apply, but such negotiated agreement shall be paramount and prevail in so far as
its terms are inconsistent with these Conditions. 3. Obligations and warranties
of Customer 3.1. The Customer warrants that it is either the Owner or the
authorized Agent of the Owner of the Goods and that it is authorized to accept
and accepts these Conditions, not only for itself, but also as Agent for and on
behalf of the Owner. 3.2. The Customer and any Person acting on the Customer's
behalf shall give DSV lawful, sufficient and executable Instructions, as well as
all necessary details and documentation for DSV to perform the Services
including, but not limited to licenses, description and particulars of the Goods
and their nature and classification, stock keeping unit information,
transhipment method, storage and transport conditions in respect of temperature
and humidity, etc. The Customer guarantees the correctness and completeness of
such details and documentation. 3.3. The Customer warrants that the Goods are
properly packed, classified, sealed, labelled, addressed and overall air-, road-
and sea-worthy condition, except where DSV has accepted, in writing,
responsibility in respect of packaging and/or labelling. 3.4. The Customer
warrants that it shall adhere to applicable legislation in relation to its
performance of the Agreement and conduct its business in an ethical and legal
manner at all times. 4. Rights and obligations of DSV 4.1. Unless otherwise
agreed in writing, DSV shall be entitled to enter into contracts on behalf of
itself and without notice to the Customer: a) for the carriage of Goods by any
route, means or person, b) for the carriage of Goods of any description, whether
containerized or not, on or under the deck of any vessel, c) for the storage,
packing, transshipment, loading, unloading or handling of Goods by any person at
any place whether on shore or afloat and for any length of time, d) for the
carriage or storage of Goods in containers or with other goods of whatever
nature, e) for the performance of its own obligations, and to do such acts as
DSV reasonably considers may be necessary or incidental to the performance of
DSV’s obligations. 4.2. DSV shall be entitled (without incurring any additional
liability), but shall be under no obligation, to depart from the Customer’s
instructions in any respect if DSV reasonably considers there is a good reason
to do so in the Customer’s interest. 4.3. DSV may at any time comply with the
orders or recommendations given by any Authority. The responsibility and
liability of DSV in respect of the Goods shall cease on the delivery or other
disposition of the Goods in accordance with such orders or recommendations. 4.4.
If at any time DSV reasonably considers that the carriage of the Goods should
not be undertaken or continued or only continued after effecting any necessary
incidental measures or incurring additional expense or risk, in case of
including but limited to applicable export controls regulations, DSV shall be
entitled to: a) abandon the carriage of such Goods or to effect such additional
incidental measures and/or incur such additional expense, as may be reasonably
necessary in order to enable the carriage to be effected or further effected;
and b) be reimbursed by the Customer for the cost of all such additional
incidental measures and/or all such additional expense incurred. 4.5. Where DSV
(or any person whose services DSV makes use of) is entitled to call upon the
Customer or Owner to take delivery of the Goods at a designated time and place
and delivery of the Goods, or any part thereof, is not taken by the Customer or
Owner at the designated time and place; DSV (or such other person) shall be
entitled to store the Goods in the open or under cover at the sole risk and
expense of the Customer. 4.6. DSV shall have the right to enforce against the
Owner and the Customer jointly and severally any liability of the Customer under
these Conditions or to recover from them any sums to be paid by the Customer
which upon demand have not been paid. 4.7. DSV will perform all Services in
accordance with the DSV Code of Conduct applicable at the time of the
performance of Services. The DSV Code of Conduct is based on the values of DSV
and signifies DSV’s intentions regarding ethical business behavior and applies
to all DSV Group entities and employees, including managers and executive
officers. The Customer shall conduct its business in an ethical and legal
manner. Customer and Owner understand and accept that DSV shall not be liable
for loss, damage or delay of Goods or breach of contract caused by DSV’s
adherence to the DSV Code of Conduct. 5. Special instructions, goods and
services 5.1. The Customer’s responsibility for correct information 5.1.1. The
Customer shall be deemed to have guaranteed to DSV the accuracy, at the time the
Goods were taking in charge by DSV, of the description of the Goods including
but not limited to its marks, number, quantity and weight as furnished by the
Customer, and the Customer shall defend, indemnify and hold harmless DSV against
all loss, damage and expenses arising or resulting from inaccuracies in or
inadequacy of such particulars. For Goods shipped in Containers the weight
furnished by the Customer must comply with the Safety Of Life At Sea (SOLAS)
Verified Gross Mass regulations, unless otherwise agreed in writing with DSV.
5.2. Dangerous goods 5.2.1. Unless agreed in writing, the Customer shall not
deliver to DSV, or cause DSV to deal with or handle Dangerous Goods.

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