Each party is responsible for that its employees and advisers comply with the obligations of the party as set forth in the freight forwarding contract. The parties shall take appropriate technical and organizational measures to safeguard the information security of its services and the storage and use of information processed in its information system having regard to the security of the functions, telecommunication, hardware and software as well as the confidentiality and integrity of the data content. All access to the information systems of the freight forwarder or the customer must be conducted in a manner which safeguards the security of the accessed information system. The parties shall exercise reasonable care in observing the obligations above taking into account technology available and the risks and costs involved. The obligations set forth above in this § 13 shall survive termination of the contract between the freight forwarder and the customer. RIGHT OF RETENTION AND LIEN § 14 The freight forwarder has a right of retention and a lien on the goods under his control, for fees and expenses in respect of such goods – remuneration and warehousing charges included – as well as for all other amounts due from the customer under contracts according to § 3 above. Should the goods be lost or destroyed, the freight forwarder has similar rights in respect of compensation payable by insurance companies, carriers or others. Should the amount due to the freight forwarder not be paid, he has the right to arrange the sale, in a satisfactory manner, of as much of the goods as is required to cover the total amount due to him, including expenses incurred. The freight forwarder shall, if possible, inform the customer well in advance what he intends to do with regard to the sale of the goods. SPECIAL CONDITIONS THE FREIGHT FORWARDER’S LIABILITY AS A CONTRACTING PARTY § 15 The freight forwarder is liable as contracting party in accordance with §§ 2 and 16 – 21 for loss, depreciation of or damage to goods, occurring between the moment when the goods have been taken over until the moment the goods have been delivered, as well as for delay in pick-up or delivery. If for any reason outside the control of the freight forwarder it is or becomes impossible for the freight forwarder to carry out the contract in accordance with the terms agreed, or where circumstances prevent the freight forwarder from making delivery of the goods after their arrival at the place designated for delivery, then the freight forwarder has a liability for the goods in accordance with § 6, section 1, unless other agreement is entered into with the customer. § 16 There is no liability if loss, depreciation, damage or delay is caused by: a) fault or neglect of the customer; b) handling, loading, stowage, securing or unloading of the goods by the customer or anyone acting on his behalf; c) the inherent nature of the goods to be easily damaged, i.e. by breakage, leakage, spontaneous combustion, rotting, rust, fermentation, evaporation or being susceptible to cold, heat or moisture; d) lack of or insufficient packing; e) faulty or insufficient address or marking of the goods; f) faulty or insufficient information about the goods; g) the use of open transport equipment, where this is usual or has been agreed; h) circumstances which the freight forwarder could not avoid and the consequences of which he was unable to prevent. Unless specifically agreed, the freight forwarder is not liable for money, securities and other valuables. § 17 Compensation for loss or depreciation of goods shall be calculated on the basis of their invoice value, unless it is proved that their market value, or the current value of goods of the same kind and nature at the time and place the freight forwarder took over the goods was different from the invoice value taking into account that the customer must demonstrate that there is no residual value of the
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