9.2. AN’s liability in connection with the transport contract, which is not within the scope of the CMR, shall be governed by the provisions on freight forwarding of the HGB. Indemnification payable due to loss of or damage to goods shall, pursu- ant to sec. 449 subsec. 2 sentence 2 no. 1 HGB in dero- gation from sec. 431 subsec. 1 and 2 HGB, be agreed upon 40 units of account (special drawing rights of the International Monetary Fund – SDR) per kilogram of gross weight of the consignment, unless DSV has agreed upon a lower liability in relation to the respective customer of DSV. This shall apply without prejudice to a possible higher statutory liability of AN. 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 omissions 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 subcontractors and vicarious agents. This shall in particu- lar apply to any sanctions, fines or other measures or claims, which are filed against DSV by authorities or other organisa- tions arising out of or in connection with the violation of clauses 3.17, 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 lia- bility limitation does not apply in case of personal injuries, such as injury of life, body and health, if the damage was caused by gross negligence or wilful intent of DSV or its vicar- ious agents, or infringement of material contractual obliga- tions, whereas the latter is limited to predictable and typical damages. 10. Insurance 10.1. AN is obliged to insure his liability risk and to maintain such insurance during the period of cooperation with DSV. The ter- mination of insurance and / or commencement of dunning pro- ceedings according to sec. 37, 38 Insurance Contract Act (VVG) shall be indicated to DSV immediately. 10.2. AN is obliged to have and maintain the following limits on in- surance: (i) freight forwarders liability insurance under stand- ard market conditions and with standard limits of liability, which, apart from statutory minimum liability pursuant to sec. 7a GükG, covers maximum liability of up to 40 SDR/kg ac- cording to HGB and liability according to CMR including Art. 29 CMR. Furthermore, insurance coverage of liability accord- ing to HGB shall include transport services not within the scope of the GüKG. If a sublimit for qualified fault is agreed upon, the insurance coverage shall amount to minimum of € 1 Mio. per damage event. (ii) third-party vehicle insurance with minimum insurance coverage of € 50 Mio. f or damage to goods and € 7.5 Mio. for damage to persons. (iii) Public liabil- ity insurance with minimum insurance coverage of € 2.5 Mio. all- in and € 100000 for processing and operational damages, respectively per damage event. 10.3. In connection with truck-trailer-liability incidences, AN war- rants 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 insurance 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 pro- vides information 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 General Terms and Conditions for freight transport order by DSV Group Germany Version: 03/2022 freight forwarders liability insurance while carrying freight for DSV. 11. Miscellaneous 11.1. AN confirms his acceptance and unconditional observance of the Supplier Code of Conduct (“CoC”) (available at www.dsv.com/de-de). Any breach of the CoC entitles DSV to extraordinary termination of contract. 11.2. AN shall strictly meet the code of behaviour on the premises of DSV and actively contribute to compliance with the follow- ing certifications 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, subcon- tractors, vicarious agents etc. for services that are not men- tioned 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-Warning List, the US-Entity List, the US- Specially Designated Nationals List, the US-Specially Desig- nated 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 organi- sations that measures to fight terrorism or any other foreign trade sanction have been imposed upon. 11.4. In addition to clause 5.2. the AN confirms to proactively striv- ing the protection of the environment and always improving his energy management, reducing his greenhouse gas emis- sions, dealing with natural resources in a sustainable manner and implementing the additional specifications from DSV. 11.5. Amendments, changes or oral supplements to the signed con- tract of carriage shall require written form. This also applies for deviations from the written form requirement. 11.6. Exclusive jurisdiction for any dispute arising is Bremen, Art. 31 CMR remains unaffected. The law of the federal republic of Germany shall apply. 11.7. In the event of individual provisions of the integral parts of contract are or become invalid or are or become unenforcea- ble, or in the event that any integral part of contract has a loophole, this shall not affect the validity of the remaining pro- visions. The invalid, unenforceable 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 incomplete- ness of the certain provision. DSV and AN are obliged to con- firm 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 03/2022 is provided for information purposes only. The legally binding text is only the German Version of the General Terms and Con- ditions for freight transport orders by DSV Group Germany 03/2022 (available at: www.dsv.com/de-de). Page 3 of 3
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