3.17. 3.18. 3.19. 3.20. 3.21. 3.22. When transporting foods and medical products the AN warrants that the actual driver adheres to hygiene rules and separates var- ious foods from one another. Contamination of freight, particular by emission, contaminant, exhaust fumes, packing materials shall be avoided. A documented maintenance system for used vehicles and transportation units shall be kept available and must be pre- sented to DSV on demand at all times. AN has implemented an effective system for the return and recall of all products. The sys- tem will be audited at least once per year by AN and shall be doc- umented accordingly. In the event of any possible endangerment of product-safety, AN shall inform DSV by calling the DSV emer- gency number without undue delay. 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. AN shall inspect the vehicle used with regard to roadworthiness and completeness of equipment before each transport. The man- datory or by individual order specified necessary equipment shall be on-hand until completion of transport order. 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 vehicle. Ensuing extra costs shall be reimbursed by AN. Until completion of transport order, the vehicle driver has to be contactable by mobile phone at all times. The AN is obliged to immediately set the IOC ("collection status") and the IOD ("delivery status") in the system for each shipment via the provided web link or the driver app and to update this on- going as well as immediately after delivery upload 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 provisions. In the event of loss, revocation or refusal of any authorization, DSV shall be informed without undue delay giv- ing the reasons therefor. 5.2. AN further warrants that the contractual services shall be provided in accordance with the legal requirements, in particular regula- tions on drivers engaged in road haulage, environmental and oc- cupational safety regulations and regulations on the haulage of hazardous materials. He warrants that the requirements 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 in- serted by the AN to the aforementioned provision 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 connection with the Regulations for the Conveyance of Hazardous Goods by Road, Rail and Inland Navigation (GGVSEB). 5.3. AN warrants that he at any time comply with the provisions of the Act on Corporate Due Diligence Obligations for the Prevention of Human Rights Violations in Supply Chains (“LkSG”) , in particular with regard to the resulting human rights and environmental obli- gations and requirements. AN shall oblige any subcontractors and suppliers in the same way and shall implement the human rights and environmental obligations arising from the LkSG appropri- ately in his own supply chain. AN shall also ensure that he and his subcontractors comply with the provisions of the Minimum-Wage- Act (MiLoG), in particular the obligation to pay the minimum wage. AN shall also ensure that his employees have unhindered access to the ‘Integrity Line’ complaints procedure set up at DSV (https://dsv.whistleblowernetwork.net/frontpage). In particular, AN shall not take any action that hinders, blocks or impedes access to the complaints procedure. This also applies to reports of viola- tions of human rights or environmental obligations caused by the actions of an indirect supplier. 5.4. At all times DSV is entitled to audit AN’s compliance with legal regulations either itself or via third parties. This also applies in par- ticular to compliance with human rights and environmental due diligence obligations. AN is obliged to provide relevant documen- tation and licenses in this regard on request. General Terms and Conditions for freight transport order by DSV Group Germany Version: 09/2024 5.5. AN is obliged to compensate DSV for any damage DSV suffers 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 au- thorities or other organisations arising out of or in connection with the violation of the MiLoG by AN or by AN’s vicarious agents as well as for any legal defence costs. 6. Remuneration 6.1. The payment of remuneration according to the pricing agreement shall be made following the submission of all freight documents (proof of delivery, if applicable proof of exchange of loading equip- ment 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 follow- ing 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. Payments shall be due within 60 days from the date of issuance of the credit note. 6.3. Demurrage shall be remunerated pursuant to legal regulations. 2 hours of standing time for loading and unloading are free of charge when arriving on time. DSV shall be notified by AN about reim- bursable standing times immediately upon AN’s knowledge of possible upcoming delays in excess of the aforementioned stand- ing time free of charge. In the event that notification is not made accordingly, AN is not entitled to demurrage. 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 arrangements. 7. Right of lien, retention, assignment 7.1. The right to exercise a lien or the assertion of the right of retention with regard to the goods in possession by AN shall be waived with the exception that due counterclaim of AN is undisputed 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 admissible in the event of prior written notification and written consent 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 sub- contractors or other vicarious agents. If such information is unnec- essary for the fulfilment of the contract, such information shall nei- ther 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 busi- ness for DSV, in his own name or on his account nor is he entitled to pass such freight transport orders onto a third party. Contrac- tual re lations between DSV’s customers and the AN already in place at the time of conclusion of the contract with DSV remain unaffected from this obligation. 8.3. The confidentiality and customer protection obligations shall re- main in force for a period of two years after termination of all con- tracts 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 termination. 8.4. The confidentiality and customer protection obligations shall apply equally for A N’s subcontractors and their vi carious 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 forwarding of the HGB shall apply. 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, pursuant to sec. 449 sub- sec. 2 sentence 2 no. 1 HGB in derogation from sec. 431 sub- sec. 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 cus- tomer of DSV. This shall apply without prejudice to a possible higher statutory liability of AN. Page 2 of 3
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