DSV Air & Sea Terms and Conditions January 2016 3. Rights and obligations of the Customer 3.1 The Customer shall provide DSV with all necessary details for DSV to perform the Services such as including, but not limited to certificates, information on the nature and classification of the Goods, stock keeping unit information, transhipment method, storage and transport conditions in respect of temperature and humidity, etc. The Customer guarantees and warrants the correctness and completeness of such details. 3.2 The Customer shall prepare and make the Goods available for the Services correctly packaged, classified, sealed, labelled and/or addressed. 3.3 The Customer/Shipper shall inspect the condition of the transport unit and by loading the Goods the Customer/Shipper accepts that the tranport unit meets the required conditions. 3.4 Unless otherwise agreed by the Parties, the Customer shall perform the loading, lashing and unloading of the Goods in the facility of the Customer or at a designated site for the delivery/collection of the Goods. If DSV is requested to assist with the loading, lashing or unloading of the Goods this assistance will be carried out at the cost, liability and risk of the Customer. 3.5 The Customer bears ultimate responsibility for payment of all taxes, customs duties and other statutory charges for the Goods, including fees and additional costs in case of discrepancies between the inventory balance and the quantity and value declared by the Customer. In a situation where DSV is called to account by competent national or regional/supranational authorities with respect to payment of customs duty, VAT and excise duty and related interest due (hereinafter referred to as 'Liabilities') for Customs Services provided hereunder, the Customer ensures all necessary cooperation to pay and remunerate such Liabilities in line with this section or, if applicable, makes all reasonable efforts to adopt measures to prevent such Liabilities being imposed on DSV by such authorities. The Customer shall indemnify and hold DSV harmless against any financial consequences of customs declarations made by DSV on behalf of the Customer based on information provided to DSV by the Customer wherever DSV, based on the provisions of national or regional/supranational law or regulation, is subject to individual and/or joint and several liability for the payment of fines and liabilities for the Customs Services in line with the provisions hereof; all this provided that such Liability cannot be attributed solely to DSV. 4. Rights and obligations of DSV 4.1 DSV will obtain the necessary commercial licences and permits for DSV to perform the Services. Any licences and permits related to the nature of the Goods are on the account of the Customer. 4.2 DSV will provide suitable equipment to perform the Services as requested in the Services Order and to perform the Services in accordance with applicable legislation and industry standards. 4.3 DSV will evaluate the Goods intended for transport or handling for visual damages and fitness for transport and/or handling. DSV will check whether the quantity of the Goods received match the shipping documents and will notify of any discrepancies. DSV is not obliged to open any packages or containers for the purpose of verifying whether their content is consistent with the quantity and/or quality indicated in the specification, unless the Customer and DSV agree otherwise in writing. The Customer/Consignee shall always bear the ultimate responsibility for inspection of the Goods. 4.4 In the event of visible damage to the Goods, DSV will inform the Customer as soon as it will be reasonably possible. 4.5 DSV is entitled to and without prior notice, to refuse to transport, store or otherwise handle dangerous and/or improperly packed Goods. If, in the reasonable opinion of DSV, the Customer’s Goods constitute a danger to other goods, property, life or health, DSV will whenever possible, inform the Customer of such a problem, but DSV reserves the right to remove or otherwise dispose of the Goods in such circumstances, at the expense of the Customer, in order to minimise losses. 5. Business ethics 5.1 DSV will conduct the Services in accordance with the DSV’s Code of Conduct. The DSV’s Code of Conduct is based on the values of DSV and signifies DSV’s intentions regarding ethical business behaviour and applies to all DSV Group entities and employees. 5.2 The Customer shall conduct its business in an ethical and legal manner. 5.3 DSV shall not be liable for loss, damage or delay of the Goods due to DSV’s adherence to the principles of the DSV’s Code of Conduct. 6. Termination of the Agreement 6.1 If no termination notice is agreed between the Parties either Party may terminate the Agreement for convenience with 1 (one) month's written notice from the expiry of the month in which the notice has been served. The Parties shall perform their obligations in the termination period. 6.2 Either Party may terminate the Agreement with cause with immediate effect if the other Party is declared bankrupt, is deemed to be insolvent, is put into liquidation or receivership. 6.3 In case of material breach of the Agreement the Parties shall be entitled to the following remedies: a) If the breach is remediable, the Party shall be entitled to require the defaulting Party to remedy the breach, at its own account and risk, within a stated reasonable period of time from receipt of a written notification. b) If the breach is not remediable or if the defaulting Party has not remedied the breach within a period of thirty (30) working days, the Party shall be entitled to terminate the relevant order form and this Agreement by providing thirty (30) calendar days’ prior notice in writing to the defaulting Party. 6.4 Upon termination of the Agreement neither Party will be under any further obligations to the other Party, except that such termination will not relieve the other Party of any obligation incurred prior to termination. 7. Prices and payment terms 7.1 The Customer shall pay the agreed Prices. In case Prices have not been agreed before the Services have Page 2 of 5
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