DSV Air & Sea Terms and Conditions January 2016 commenced, Customer shall pay as per separate agreement. 7.2 The Prices do not include VAT, customs duties, and other government taxes related to the Goods. These costs and taxes shall be the sole responsibility of the Customer. 7.3 Unless otherwise agreed the Customer shall pay the invoiced amount 7 (seven) days from the date of DSV’s issuance of the invoice. 7.4 DSV will charge interests in case of late payment. The interests charged will be in accordance with applicable legislation. Interests will be levied from the due date of the overdue invoice until payment is made in full. If no legislation applies regarding interests for late payment DSV may charge 11% (eleven percent) per month from the due date of the overdue invoice. DSV shall furthermore be allowed to charge the Customer a dunning fee for payment reminders on overdue payments. 7.5 Unless otherwise agreed the Prices shall be valid for 1 (one) month from the date of the quotation. DSV may review the Prices and notify the Customer of any changes. If the Customer does not accept the changes in the pricing the Customer shall be entitled to terminate the Agreement in accordance with Clause 6 of these Contractual Terms and Conditions. 7.6 If any outlay is made by DSV on behalf of the Customer related to VAT, duties or taxes then these outlays shall be paid by the Customer on Net Cash terms. 7.7 DSV may charge the Customer for additional costs such as but not limited to waiting time, demurrage, additional or unexpected storage or handling redirection of the Goods during transit or failed attempts of pick-up or delivery of the Goods not attributable to DSV. 7.8 Unless otherwise agreed DSV shall have a right of lien in the Customers Goods. The Customer shall not pledge rights of surety, lien or any other type of security related to the Goods to a Non-party without DSV’s prior written consent. 7.9 Unless otherwise agreed the Customer may terminate a confirmed Services Order without payment of compensation to DSV if the Services Order is terminated no less than 48 (forty eight) hours before the scheduled performance of the Services. If the Customer terminates a Services Order less than 48 (forty eight) hours before the scheduled performance of the Services, DSV may invoice the Customer an amount up to 75% (seventy five percent) of the agreed Price. The Customer will reimburse the cost incurred by DSV in good faith regardless the time of termination of the confirmed Services Order. 7.10 In the event of early termination of the Agreement for any reason all outstanding invoices issued by DSV shall automatically become due and payable at the time when the termination notice is served. 7.11 DSV and/or its Affiliates reserves the right at any time during the Agreement to take out a debtor insurance policy (“Debtor Insurance”) on the Customer and/or its Affiliates covering any debts that the Customer and/or its Affiliates may incur pursuant to the Services that DSV and/or its Affiliates may render under the Agreement. If the Debtor Insurance is rejected or revoked due to conditions on the part of the Customer and the Customer is in default payment of legitimate invoices DSV shall have the right of lien over the Goods. DSV may waive its right of lien in the Goods if the Customer provides DSV with an adequate surety of payment. 8. Customs clearance 8.1 The Customer accepts that all charges, duties or taxes will be levied on the Customer by any customs or governmental agency or authority. 8.2 DSV will only act as an Indirect Representative for the Customer if the Customer has signed customs agreement on Indirect Representation. DSV requires the Customer's receivables to be credit insured. If DSV cannot make credit insurance available to the Customer or if this insurance is withdrawn by the credit insurer, the Customer is obliged to put in place an irrevocable bank guarantee for the benefit and in the name of DSV with a reputable bank. If the credit insurance or bank guarantee is annulled/cancelled, the Customer is obliged and warrants to discharge DSV from any liability in relation to the Customs Services performed. 8.3 The Customer shall indemnify DSV for all outlays and/or expenses in relation to the Customs Services within 7 (seven) days. 9. Export/Import Controls 9.1 The Customer shall ensure that the Goods may be legally exported or imported to or from the origin or destination in respect of the applicable export and/or import control legislation. 9.2 The Customer shall furthermore perform all necessary denied party screenings of the commercial parties involved and ensure that the Goods are not subject to restrictions, embargoes or other legal limitations. It is the obligation of the Customer to obtain all necessary licenses related to the Goods. DSV may reject to perform Services due to issues of export control if DSV reasonably deems (i) the origin, destination or country of transit to be a restricted or embargoed country, (ii) the Goods to be a restricted commodity or any of the involved parties to the trade to be a denied or excluded party. 9.3 DSV will adhere to all applicable laws and licenses in relation to export and/or import controls when performing Services which may involve restricted or embargoed countries, restricted or embargoed commodities or denied parties. 9.4 The Customer shall indemnify DSV for all export/import control costs, charges, fines, penalties and legal fees arising from the Services due to the Customer’s negligent or wilful misconduct. This obligation of indemnification will not apply if DSV has acted negligently in respect of export control requirements in relation to the specific Services. 9.5 DSV will not be liable for delays or additional costs caused by inspections conducted by DSV or external authorities with the aim of finding out possible violations of export or import control rules. 10. Insurance 10.1 DSV will take out liability insurances, as may be required by law or as is the common practice in DSV’s trade or business. 10.2 Unless specifically agreed in writing DSV will not take out Cargo Insurance on the transported, handled or stored Goods. As DSV’s liability is limited in Page 3 of 5
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