General Terms and Conditions of DSV XPress § 1 Area of application All shipments are carried out in accordance with the General Conditions of the Nordic Association of Freight Forwarders (NSAB 2015). Under NSAB 2015, the liability of the freight forwarder (DSV) as a contracting party under Clause 3 B for loss or deterioration of or damage to goods is limited to SDR 8.33 per kilo; liability for delays is limited up to the freight amount; and liability for all other losses is limited to SDR 100,000 for each shipment (Clause 21). The liability of the freight forwarder as an intermediary under Clause 3 C is limited to SDR 50,000 for each shipment and to SDR 500,000 in total for the same event (Clause 24). For goods in storage, the total liability for damage relating to the same event is limited to SDR 500,000 (Clause 25). Please note, in particular the network clause (Clause 2), according to which the period of limitation for claims against the freight forwarder is one year (Clause 28), and both current and former claims are subject to right of retention and lien (Clause 14). For the avoidance of doubt any reference in these Terms and Conditions to: “Consignee” shall refer to the party named “Consignee” in the Consignment Note. DSV XPress shall mean the DSV Air & Sea , DSV Road or DSV Solutions entity defined in the Carrier field in the Consignment note. “Shipper” shall refer to the party named “Shipper” in the Consignment. These Terms and Conditions apply to the transportation of consignments which are surrendered to us using the “DSV XPress” dispatch order made available by us therefore or with a consignment note issued via our DSV XPress online booking portal and is accepted by DSV XPress for transportation. The Terms and Conditions are available on www.dsv.com, on the back of the dispatch order or sent directly to you upon request. The Shipper is requested to familiarize himself with the DSV XPress Terms & Conditions prior to shipment. DSV XPress reserves the right to amend and supplement the Terms and Conditions unilaterally without informing our contractual partners separately. The current version published on the website www.dsv.com applies in each case. The application of general terms and conditions of business of the Shipper or third party is expressly excluded. Any agreements differing from these Terms and Conditions are subject to an express written agreement between the Shipper and DSV XPress. Unless otherwise stipulated in applicable statutory legislation or international conventions, these Terms and Conditions shall apply. In the case of air transport, the Montreal Convention may apply. Cross-border transport may be subject to the Convention on the Contract for the International Carriage of Goods by Road (CMR). § 2 Services I. DSV XPress service portfolio includes: - DSV XPress: Delivery of documents and consignments worldwide in the shortest time possible. - DSV XPress Economy: National and international forwarding for non-urgent consignments. - DSV XPress Special Services : National and international forwarding for top-urgent consignments. II. DSV XPress selects the mode of transport with the diligence of a prudent businessman. § 3 Fee DSV is entitled to change the prices with 30 days written notice. Prices is excluding surcharges. DSV reserves the right to change and introduce new surcharge without notice. In case of late payment, 11 per cent interest will be charged on a monthly basis from the due date. No set-off can be made against claims for freight and other services The fee is calculated according to DSV XPress current respective price list, which is available upon request. In so far as different agreements are concluded in individual cases, for example for special performances, these specifically agreed prices shall apply. State levies, such as customs duty and import turnover tax, are not included in the fee. Such levies are listed separately in the invoice. The Shipper is obligated to pay the fee as well as other costs not included in the fee, such as customs duty and import turnover tax. In the case of “charges collect” consignments, DSV XPress issues the invoice to the recipient initially. The Shipper’s obligation to pay is not affected thereby. § 4 Excluded goods I. Unless otherwise expressly agreed, the following items are excluded from transportation: 1. Consignments with insufficient packaging. 2. Dangerous goods which require special handling (e.g., those for which a DGR statement is required). 3. Valuable consignments (e.g., precious metals, jewels, etc.) and works of art. 4. Perishable goods (e.g., foodstuffs). 5. All types of weapons as well as self-igniting and explosive goods. 6. All types of removal goods. 7. All types of pharmaceuticals. 8. Plants and animals. 9. Currency and securities including stamps. 10. Alcohol, tobacco and pornographic publications and articles. 11. All goods whose import and export is prohibited according to the applicable national regulations in each case. 12. Letter of credit consignments. 13. Cash on delivery consignments. 14. Jewellery and watch consignments with a value exceeding €500. 15. Furs. 16. Computers, laptops, tablets, mobile phones above €50,000 § 5 Inspection DSV XPress is entitled, but not obligated at DSV XPress own request or by official directive, to open consignments surrendered for transportation and are not subject to any liability in this respect. § 6 Liability Subject to the limitation in this clause, DSV XPress shall be liable for loss, damage or delay of the Goods occuring from the time that the Goods are taken into DSV XPress' charge until the time of delivery caused by DSV XPress' negligence or wilful misconduct. DSV XPress' liability shall be limited in accordance with the General Conditions of the Nordic Association of Freight Forwarders - NSAB2015. DSV XPress shall under no circumstance be liable for indirect or consequential losses such as but not limited to loss of profit, loss of business arising indirictly out of a lost, damaged or delayed consignment. The shipper may declare a higher value of up to 20 SDR per kg if such declaration is made to DSV XPress prior to the shipment. The declared value shall only apply to the shipment if DSV XPress has accepted the declaration. Any claim related to loss, damage or delay of a consignment shall be made directly to DSV XPress immediately upon delivery in case of visible damage, and no later than 7 days from the date of delivery in case of non-visible damage. In case of delay the claim shall be made to DSV XPress no later than 14 days of the delivery of the delayed consignment. § 7 Insurance DSV XPress may, by special written request, take out a cargo insurance for the transport of goods in favour of the shipper and for the Shippers cost with an insured sum of maximum of €100.000. It is the obligation of the Shipper to state the value of the consignment and the nature of the consignment, to secure the insurance cover. Notwithstanding the above, in no case shall this insurance cover: Shipments of Deeds and Securities and Treasury Notes and the like, Designs, Patterns, Plans and Manuscripts, Helicopters, Livestock, Bloodstock, Living Creatures, and Money (including Bank Notes and Coins), Stamps, Duty Stamps and the like. Shipments to or from or in transit via Afghanistan, Republic of Chechnya, Gaza Strip, Iran, Iraq, Myanmar, Somalia, Sudan, West Bank, Yemen, East Timor, Liberia, North Korea, Sierra Leone, Syria, Ukraine, Russia, Belarus. § 8 Partial invalidity Should one of the provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes closest to the economic content of the invalid provision. § 9 Choice of law / Place of jurisdiction The laws of United Kingdom shall apply unless otherwise stipulated in the mandatory statutory legislation. Any disputes shall be settled by the court of law at the venue of DSV XPress or the venue of the Shipper. § 10 others Neither party has committed themselves to any volumes under this quotation. DSV will do its reasonable best to transport as requested by the Customer from time-to-time. Any lead times are estimated times only and nothing herein shall be understood as a time guarantee. All services will be performed in accordance with best industry practice. § 11 Reservations: Reservation is made for unusual and/or extraordinary price increases and for the introduction of new initiatives beyond our reasonable control and hindrances not attributable for DSV. Hindrances that cannot be attributed to DSV are but are not limited to a) congestion and closing of ports and airports, b) significant lack of capacity in the market, c) statutory initiatives, d) inspection by authorities, e) hindrances which significantly make performance more costly or significantly delayed for DSV and which cannot be attributed to DSV. Reservation is also made for government intervention, force majeure, COVID-19, changes in oil prices, changes in ferry prices, bridge and tunnel tolls, exchange rates, general wage adjustments, environmental requirements and other similar cost and charges.
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