9.3. AN shall be liable for any damage caused by him, his drivers or vehicles deployed by him. This shall also apply to damages caused to ceded DSV trailers and third-party damages caused by combination of truck and DSV trailer during transport (“truck - trailer- liability”) . In addition, he shall be liable for acts and omis- sions of his subcontractors and any other vicarious agents. 9.4. AN shall indemnify DSV against any and all claims of third parties filed against DSV due to acts and omissions of the AN, his sub- contractors and vicarious agents. This shall in particular apply to any sanctions, fines or other measures or claims, which are filed against DSV by authorities or other organisations arising out of or in connection with the violation of clauses 3.18, 5.1, 5.2 and 5.3. 9.5. The liability of DSV pursuant to sections 414 and 455 is limited to EUR 200,000 per damage event. The aforementioned liability lim- itation does not apply in case of personal injuries, such as injury of life, body and health, if the damage was caused by gross neg- ligence or wilful intent of DSV or its vicarious agents, or infringe- ment of material contractual obligations, whereas the latter is lim- ited to predictable and typical damages. 10. Insurance 10.1. AN is obliged to insure his liability risk and to maintain such insur- ance during the period of cooperation with DSV. The termination of insurance and / or commencement of dunning proceedings ac- cording to sec. 37, 38 Insurance Contract Act (VVG) shall be indi- cated to DSV immediately. 10.2. AN is obliged to have and maintain the following limits on insur- ance: (i) freight forwarders liability insurance under standard mar- ket conditions and with standard limits of liability, which, apart from statutory minimum liability pursuant to sec. 7a GükG, covers max- imum liability of up to 40 SDR/kg according to HGB and liability according to CMR including Art. 29 CMR; this shall apply even if there is recklessness or intent on the part of persons attributable to AN or his subcontractors, including, for example, drivers, dis- patchers, etc. Furthermore, insurance coverage of liability accord- ing to HGB shall include transport services not within the scope of the GüKG. Potential sublimits for qualified fault must have an in- surance coverage that shall amount to minimum of € 1 Mio. per damage event; (ii) third-party vehicle insurance with minimum in- surance coverage of € 50 Mio. for damage to goods and € 7.5 Mio. for damage to persons; (iii) public liability insurance with minimum insurance coverage of € 2.5 Mio. all - in and € 100 .000,00 for pro- cessing and operational damages, respectively per damage event. 10.3. In connection with truck-trailer-liability incidences, AN warrants that his insurance company waives any possible claims against the insurance company of DSV following a claims settlement with third parties. AN proves the waiver by written statement of the in- surance company. 10.4. AN is obliged to prove the conclusion and perpetuation of the aforementioned minimum cover to DSV without prior request by submission of up to date confirmation of insurance issued by the insurance company or the insurance agent which provides infor- mation on coverage, exclusions, insurance- and coverage sums, sublimits (e.g. for qualified actual fault) and deductible. 10.5. DSV is entitled to check the insurance cover at any time. Upon request AN shall provide DSV with proof of on time payment of insurance fees as well as the extend of use of coverage as well as the deductible agreed upon. 10.6. AN is, pursuant to sec. 7a subsec. 4 GüKG, obliged to carry along and also to provide to authorities a proof of a valid freight forward- ers liability insurance while carrying freight for DSV. 11. Miscellaneous 11.1. AN confirms his acceptance and unconditional observance of the DSV Supplier Code of Conduct (“ S CoC”) (available at www.dsv.com/de-de). Any breach of the SCoC entitles DSV to ex- traordinary termination of contract. AN warrants to oblige his sub- contractors and suppliers, which he uses to fulfil its obligations to DSV, to comply with the ethical standards set out in the SCoC. 11.2. AN shall strictly meet the code of behaviour on the premises of DSV and actively contribute to compliance with the following cer- tifications in their current version: ISO 9001, ISO 14001, ISO 50000 and ISO 45001. AN also warrants, that all drivers deployed by him, as well as drivers of subcontractors and their vicarious agents are subject to a complete ban of alcohol. 11.3. AN warrants that he will only use such employees, subcontrac- tors, vicarious agents etc. for services that are not mentioned in any German, European and/or American foreign trade sanction lists. This refers in particular but not limited to the terrorist lists of the EU as well as the US Denied Persons List (“DPL”) , the US- General Terms and Conditions for freight transport order by DSV Group Germany Version: 09/2024 11.4. 11.5. 11.6. 11.7. Warning List, the US-Entity List, the US-Specially Designated Na- tionals List, the US-Specially Designated Terrorist List, the US Foreign Terrorist Organizations List, the US-Specially Designated Global Terrorist List. The AN further warrants, that he has no link to persons or organisations that measures to fight terrorism or any other foreign trade sanction have been imposed upon. In addition to clause 5.2. the AN confirms to proactively striving the protection of the environment and always improving his en- ergy management, reducing his greenhouse gas emissions, deal- ing with natural resources in a sustainable manner and imple- menting the additional specifications from DSV. Amendments, changes or oral supplements to the signed contract of carriage shall require written form. This also applies for devia- tions from the written form requirement. Exclusive jurisdiction for any dispute arising is Hamburg, Art. 31 CMR remains unaffected. The law of the federal republic of Ger- many shall apply. In the event of individual provisions of the integral parts of contract are or become invalid or are or become unenforceable, or in the event that any integral part of contract has a loophole, this shall not affect the validity of the remaining provisions. The invalid, un- enforceable or missing provision shall be replaced by a proper and legally valid provision which comes closest to the economic intent of the particular integral part of contract and which DSV and AN would have agreed upon knowing the invalidity, unenforceability or incompleteness of the certain provision. DSV and AN are obliged to confirm such provision in due form, at least in writing. This English translation of the General Terms and Conditions for freight transport orders by DSV Group Germany 09/2024 is pro- vided for information purposes only. The legally binding text is only the German Version of the General Terms and Conditions for freight transport orders by DSV Group Germany 09/2024 (available at: www.dsv.com/de-de). Page 3 of 3
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