DSV Air & Sea Terms and Conditions January 2016 accordance with the Section 11 of these Contractual Terms and Conditions, DSV encourages the Customer to take out a Cargo Insurance to cover the Goods during transport, handling and storage. 11. Liability 11.1 The liability of DSV for any loss, damage or delay in regard to the Goods occurred shall be determined in accordance with provisions contained in NSAB 2015 (General Conditions of the Nordic Association of Freight Forwarders) however excluding following paragraphs: 7.2 §, 19 § section B (time guarantee) and 25 A (request for insurance) of the said NSAB 2015 terms and conditions. 11.2 DSV shall be liable for loss, damage or delay of the Goods caused by DSV’s negligence or wilful misconduct occurring from the time that the Goods are taken into DSV’s charge until the time of delivery. 11.3 Regardless of Clause 11.2 DSV shall not be liable for loss, damage or delay arising from the special risks inherent in one or more of the following circumstances: a. the act or omission of the Customer or owner or any person acting on their behalf, b. compliance with the instructions given to DSV by the Customer, owner or any other person entitled to give them, c. insufficiency of the packing or labelling of the Goods, except where such service has been provided by DSV, d. handling, loading, stowage or unloading of the Goods by the Customer or owner or any person acting on their behalf, e. inherent vice of the Goods, f. riots, civil commotions, strikes, lockouts, stoppage or restraint of labour from whatsoever cause, g. fire, flood, storm, explosion or theft or h. any cause which DSV could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence. 11.4 DSV shall have the full benefit of all rights, limitations and exclusions of liability available to the sub-contractor in the contract between DSV and the sub-contractor and in any law, statute or regulation and the liability of DSV shall not exceed the amount recovered, if any, by DSV from the sub-contractor. 11.5 If the Services are subject to rules set out in international conventions or statutory legislation these conventions or legislation are compulsory applicable to the Services. a. For international carriage of goods by road - the Convention on the Contract for the International Carriage of Goods by Road of 19 May 1956 (the CMR Convention) shall apply. b. For international carriage of goods by sea - the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading of 1924 and as amended in 1968 and 1979 (the Hague-Visby Rules), shall apply. However specifically for transportation by sea to or from the United States of America - the Carriage of Goods by Sea Act of 1936 (COGSA) shall apply. For terms not specified in the Hague-Visby Rules or COGSA rules of DSV’s Standard Bill of Lading shall apply. In the event of General Average the Parties agree that the York-Antwerp Rules of 1994 shall apply. c. For international carriage of goods by air - the Convention for the Unification of Certain Rules for International Carriage by Air of 1999 (the Montreal Convention) shall apply. For shipments subject to only the Convention for the Unification of certain rules relating to international carriage by air as of 1929 (the Warsaw Convention) shall apply. However where both the Warsaw and the Montreal conventions apply the Montreal Convention shall prevail. d. For international carriage of goods by rail - the Uniform Rules concerning the Contract for International Carriage of Goods by Rail (the CIM convention) shall apply. 11.6 If the Services are not subject to international conventions or statutory legislation or it cannot be determined where the loss of, damage to or delay of the Goods occurred, DSV’s liability for the Services such as but not limited to Transport Services, Logistics Services, Warehousing, Customs Services or Ancillary Services to the previously mentioned services shall be limited to 2.00 (two) SDR (Special Drawing Rights) per kilogram of gross weight of the damaged or lost goods. In case of delay DSV’s liability shall be limited to the freight for the delayed Goods. DSV’s liability for loss of and damage to goods is limited to EUR 100,000 (EUR one hundred thousand) per event. DSV’s total aggregate liability for damage, loss or delay of Goods shall be limited to EUR 1,000,000 (EUR one million). 11.7 For the Consultancy Services DSV’s liability shall be limited to the total sum of the fees paid by the Customer in the respective assignment. This liability shall not include VAT or expenses incurred by DSV during performance of the Consultancy Services. 11.8 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any indirect or consequential loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the other Party; or for any loss of actual or anticipated profits, loss of revenue, loss of goodwill and/or business, loss of savings or any other pure economic loss whether direct or indirect. 12. Indemnity 12.1 DSV shall indemnify, hold harmless, and at the Customer’s request, defend the Customer, its officers, directors and employees, against claims by any Nonparty to the Agreement due to the negligence, gross negligence or wilful misconduct by DSV causing damage to the Non-party’s property or injury or death of the Non-party. If the Customer wishes to exercise this right the Customer must promptly notify DSV about the claim. 12.2 The Customer shall indemnify, hold harmless, and at DSV’s request, defend DSV, its officers, directors and employees, against claims by any Non-party to the Agreement due to the negligence, gross negligence or wilful misconduct by the Customer causing damage to the Non-party’s property or injury or death of the Nonparty. If DSV wishes to exercise this right DSV must promptly notify the Customer about the claim. 12.3 Section 12.1 and 12.2 shall not apply to damage, loss or delay of the Goods. 13. Hindrance 13.1 DSV shall use reasonable efforts to perform and complete the agreed Services. If at any time the performance of the Services is affected by any Page 4 of 5
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