General Terms and Conditions for freight transport orders of DSV Group Germany 03/2022 1. Scope 1.1. These General Terms and Conditions for freight transport or- ders of DSV Group Germany shall apply to all orders of DSV Road GmbH, DSV Solutions GmbH, DSV Air & Sea Germany GmbH, DSV Air & Sea Deutschland GmbH and DSV Stuttgart GmbH & Co. KG (hereinafter referred to as “ DSV ”) for national and international carriage of goods by road haulage. 1.2. Any deviating General Terms and Conditions of the contractor (hereinafter referred to as “ AN ”) shall not apply. Unless stipu- lated otherwise, sec. 407 et seq. German Commercial Code (HGB) shall apply for national carriage and the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) shall apply in addition for interna- tional carriage. 2. Integral part of contract 2.1. Integral part of contract between DSV and AN are: (i) the freight transport order, (ii) the price agreement, (iii) if applica- ble additional agreements, (iv) these General Terms and Con- ditions. 2.2. In the event of any contradictions/discrepancies between these General Terms and Conditions and any of the afore- mentioned (2.1.) integral parts of contract, the particular inte- gral part of contract shall prevail in the aforementioned (2.1.) order. 3. Specification of services 3.1. Subject matter of the freight transport order is the compen- sated transport of freight by road haulage. The AN is obliged to accept, handle and deliver the freight on time without any loss or damage as described/specified in the freight transport order to the consignee at the designated destination. 3.2. AN fully and correctly documents, in particular giving date, time, name in block letters and genuine signature, the ac- ceptance and the delivery of freight in writing on a designated freight document or, if applicable, by available electronic sys- tems. 3.3. AN shall check the freight at time of acceptance and at any other interface with regard to identity, completeness, and ex- ternal integrity. The aforementioned obligation is also ex- tended to the check of integrity of anti-tamper seals and lock- ing devices, if applicable. Possible irregularities shall be doc- umented by AN in writing and shall be reported to DSV, with- out undue delay, by explicitly identifying the pertained freight and the place, date and time of detection of the irregularity. An interface within the meaning of these General Terms and Conditions is any point at which the responsibility for the freight is passed on to another operator/agent or the place of delivery at the end of each stage of the transportation pro- cess. 3.4. When accepting anti-tamper sealed freight, the checking-ob- ligation of AN is limited to the examination of the external in- tegrity of loading unit and integrity of anti-tamper seal. When accepting empty loading units, the checking-obligation is lim- ited to the examination of external and internal integrity. 3.5. Any irregularity of packaging, locking devices, anti-tamper seals or documents shall be documented in writing by AN and confirmed by the individual handing over as well as the indi- vidual accepting the freight. 3.6. Unless stipulated otherwise in the transport order, AN is in deviation from sec. 412 HGB obliged to load and unload the freight. Apart from that, his obligation includes the stowage in a way safe for transportation or operation as well as the ob- servation of freight in his custody. 3.7. AN informs DSV without undue delay about any impediment to transport and/or delivery, threatening or existing delay, de- viations from the original plan as well as any other disturb- ances and impairments, even in the event of force majeure or unavoidable events. In any of the aforementioned events, AN is obliged to contact DSV for instructions. In the event of fire, theft or other criminal offence which could affect the freight transportation order as well as accidents, with the exclusion of bagatelle-accidents, AN is also obliged to inform the local police. General Terms and Conditions for freight transport order by DSV Group Germany Version: 03/2022 3.8. 3.9. 3.10. 3.11. 3.12. 3.13. 3.14. With regard to loading time, the provisions of the individual freight transportation order shall apply. Loading equipment such as euro pallet and skeleton contain- ers is to be exchanged concurrently by AN in equal type, qual- ity and quantity at the loading and unloading place. The ex- changed loading equipment shall at least comply with cate- gory C as per UIC-Standard 435-2/-4. Expenses for loading equipment exchange are included in the freight rate. In the event that exchange of loading equipment with the consignee is not possible, this has to be confirmed accordingly by con- signee in writing. AN is entitled to catch up with the exchange within 10 days from the time of unloading. The proof of ex- change of loading equipment shall be in writing and shall be transmitted to DSV along with the original freight documents. AN is entitled to prove the exchange of loading equipment was denied at place of loading or unloading. Loading equip- ment which has not been exchanged can be charged to AN by DSV upon unsuccessful expiry of the aforementioned catch-up period with the current replacement value; offset against freight claims is permissible. If a loading equipment account is agreed upon, the accounting is performed on a quarterly basis by confirmation of balance. AN shall bear the proof of a lower recovery value of loading equipment. DSV is entitled to randomly check the freight after loading. While car- rying freight for DSV, AN is not entitled to approach any load- ing-equipment retailer. For all freight transportation which AN conducts for DSV from the customs territory of the Community to a third country, AN is obliged to duly perform the export procedure. The perfor- mance of the export procedure has to be according to the Un- ions Customs Code, Unions-Customs-Code-executive order, German Foreign Trade and Payment Act, German Foreign Trade Regulations in its current version, as well as operating instruction for the IT-process for ATLAS-export. Included is in particular the adherence of the two stage export procedure with presentation to customs at customs office of exit and (if applicable) customs office of export, to achieve a duly clearing of the export-procedure and duly completion of export-docu- ments. AN shall perform all necessary organisational instructions and measures, particular in relation to security service, business partner-, personal- and information security, packaging and transport in order to ensure the safety of supply chain pursu- ant to the requirements of internationally acknowledged initi- atives on the basis of the WCO SAFE Framework of Stand- ards (in particular AEO). He shall protect deliveries and ser- vices to or on behalf of DSV or to a third party specified by DSV from unauthorized access and manipulation. For any of the aforementioned obligations AN ensures to only use relia- ble and trustworthy personal and he shall legally bind subcon- tractors to these obligations. AN is obliged to immediately pre- sent, without request, an original of the “Security Declaration for Authorised Economic Operator s AEO” (available at: www.dsv.com/de-de), as long as AN is not certified according to AEO-S or AEO-F. This obligation does not apply if such declaration has already been presented to DSV. If secure air freight is being transported, AN acknowledges his awareness of the applicable rules with regard to secure han- dling of air freight (LuftSiG, Regulation (EC) No 300/2008 as of 11.03.2008, Regulation (EC) No 185/2010 as of 04.03.2010, by-law (EC) No. 2015/1998 as well as corrections and supplementary/additional regulations) and AN is obliged to comply with these rules. On request AN shall be obliged to provide relevant documentation and evidence in this regard. DSV shall be entitled to check the AN for compliance with re- gard to the aforementioned obligations pursuant to no. 3.11. and 3.12. at any time. If the agreed service is not performed by the AN himself but contracted out to a third party, AN shall inform DSV in ad- vance. DSV is entitled to reject the third party. AN has to en- sure that the third party as well as all other vicarious agent comply with legal requirements and these General Terms and Conditions for freight transport orders. AN shall compensate DSV for any damage resulting from any breach of the afore- mentioned obligations. In the event that AN does not comply Page 1 of 3
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