with its obligation according to specifications, DSV is entitled to assign a third party with their fulfilment. Ensuing extra costs shall be reimbursed by AN. The provision pursuant to no. 9.3. shall remain unaffected. 3.15. AN shall ensure that vehicles used are in technically and op- tical perfect and roadworthy condition, that vehicles shall com- ply in minimum with the Euro emission standard 5 and that they are suitable and properly equipped for the freight trans- ported. Duly functional load-securing material and personal safety equipment ( “ PSA ” ), if necessary according to the spe- cific need of the freight, must be available to AN in sufficient quantity at all times 3.16. When transporting foods and medical products the AN war- rants that the actual driver adheres to hygiene rules and sep- arates various foods from one another. Contamination of freight, particular by emission, contaminant, exhaust fumes, packing materials shall be avoided. A documented mainte- nance system for used vehicles and transportation units shall be kept available and must be presented to DSV on demand at all times. AN has implemented an effective system for the return and recall of all products. The system will be audited at least once per year. In the event of any possible endanger- ment of product-safety, AN shall inform DSV by calling the DSV emergency number without undue delay. 3.17. AN warrants that the trailer surcharge as per § 10 KraftStG is paid for all trucks used for transportation on behalf of DSV. AN is obliged to provide corresponding evidence once a year. 3.18. AN shall inspect the vehicle used with regard to roadworthi- ness and completeness of equipment before each transport. The mandatory or by individual order specified necessary equipment shall be on-hand until completion of transport or- der. 3.19. Vehicle failure of the intended vehicle does not release AN from its obligation to fulfil the transport order agreed upon. In the event of vehicle failure AN is obliged to provide a suitable replacement vehicle, even if AN is not accountable for vehicle failure. Deadlines for loading and accepting freight shall be adhered by AN at all times. After expiration of a deadline set by DSV, DSV is entitled to provide a suitable replacement ve- hicle. Ensuing extra costs shall be reimbursed by AN. 3.20. Until completion of transport order, the vehicle driver has to be contactable by mobile phone at all times. 3.21. The AN is obliged to immediately set the IOC ("collection sta- tus") and the IOD ("delivery status") in the system for each shipment via the provided web link or the driver app and to update this ongoing as well as immediately after delivery up- load the respective proof of delivery (“POD”) / bill of lading . 4. Ex-works and cash on delivery shipments Cash on delivery shipments shall only be delivered versus cash payment. 5. Compliance with legal provisions 5.1. For the duration of the cooperation, AN warrants that he holds the necessary permissions and authorizations, in particular pursuant to sec. 3, 6 of the Law on Road Haulage of Goods (GüKG) and other legal provision. In the event of loss, revo- cation or refusal of any authorization, DSV shall be informed without undue delay giving the reasons therefor. 5.2. AN further warrants that the contractual services shall be pro- vided in accordance with the legal requirements, in particular regulations on drivers engaged in road haulage, environmen- tal and occupational safety regulations and regulations on the haulage of hazardous materials. He warrants that the require- ments pursuant to sec. 7b GüKG are met and grants DSV the right to perform checks with regard to compliance of AN and any third party inserted by the AN to the aforementioned pro- vision at any time. Shipments of hazardous materials shall only be conducted by specially trained personal with valid ADR-certificates and duly equipment pursuant to ADR in con- nection with the Regulations for the Conveyance of Hazard- ous Goods by Road, Rail and Inland Navigation (GGVSEB). 5.3. AN warrants that he and his vicarious agents at any time com- ply with the provisions of the Act on Corporate Due Diligence Obligations for the Prevention of Human Rights Violations in Supply Chains (“LkSG”) and the Minimum-Wage-Act (Mi- LoG), in particular the obligation to pay the minimum wage. General Terms and Conditions for freight transport order by DSV Group Germany Version: 03/2022 5.4. At all times DSV is entitled to audit AN’s compliance with legal regulations either itself or via third parties. AN is obliged to provide relevant documentation and licenses in this regard on request. 5.5. AN is obliged to compensate DSV for any damage DSV suf- fers due to breach of any legal regulations on the part of AN. 5.6. The hold-harmless obligation also applies for any sanctions, fines or other measures or claims, which are filed against DSV by authorities or other organisations arising out of or in con- nection with the violation of the MiLoG by AN or by AN’s vi- carious agents as well as for any legal defence costs. 6. Remuneration 6.1. The payment of remuneration according to the pricing agree- ment shall be made following the submission of all freight doc- uments (proof of delivery, if applicable proof of exchange of loading equipment and if applicable other freight documents) and at the latest within 60 days from date of invoice. The freight documents shall be transmitted to DSV in original and without undue delay following the completion of transport. 6.2. In case the parties agree on self-billing, DSV issues a credit note immediately upon receipt of all freight documents. Pay- ments shall be due within 60 days from the date of issuance of the credit note. 6.3. Demurrage shall be remunerated pursuant to legal regula- tions. 2 hours of standing time for loading and unloading are free of charge when arriving on time. DSV shall be notified by AN about reimbursable standing times immediately upon AN’s knowledge of possible upcoming delays in excess of the aforementioned standing time free of charge. In the event that notification is not made accordingly, AN is not entitled to de- murrage. Standing times shall be proven to DSV within 3 days following end of transportation in writing. Demurrage will be remunerated in accordance with the agreed price arrange- ments. 7. Right of lien, retention, assignment 7.1. The right to exercise a lien or the assertion of the right of re- tention with regard to the goods in possession by AN shall be waived with the exception that due counterclaim of AN is un- disputed or has been finally determined by a court. 7.2. Claims against DSV shall not be entitled for pawning by AN. The assignment of a claim against DSV by AN is only admis- sible in the event of prior written notification and written con- sent of DSV to the envisaged assignment. 8. Confidentiality, customer protection 8.1. AN is obliged to keep all information received from DSV in the course of cooperation confidential, the same applies for his subcontractors or other vicarious agents. If such information is unnecessary for the fulfilment of the contract, such infor- matio n shall neither be used in AN’s own business interest against DSV nor be forwarded to third parties. 8.2. AN is obliged to customer protection. AN shall not perform, neither directly nor indirectly, any freight transport orders on behalf of a customer he came to know during the course of performing business for DSV, in his own name or on his ac- count nor is he entitled to pass such freight transport orders onto a third party. Contractual relations between DSV’s cus- tomers and the AN already in place at the time of conclusion of the contract with DSV remain unaffected from this obliga- tion. 8.3. The confidentiality and customer protection obligations shall remain in force for a period of two years after termination of all contracts governed by this terms and conditions. If DSV terminates the cooperation with its customer, the obligations shall remain in force for a period of two years after the termi- nation. 8.4. The confidentiality and customer protection obligations shall apply equally for A N’s subcontractors and their v icarious agents. By means of according agreements with such third parties, the AN is obliged to ensure that these obligations are adhered to. 9. Liability 9.1. For cross-border transports the provisions pursuant to CMR shall apply. Supplementary the provisions on freight forward- ing of the HGB shall apply. Page 2 of 3
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