amount of 0.3 % of the respective order total, limited to max. 5 % of the order total, and/or to withdraw from the contract. 8.4. The aforementioned provision on liquidated damages does not release AN from fulfilling his delivery and performance obligations. 8.5. Further legal claims and rights remain unaffected. 9. Right of use; property rights of third parties 9.1. The results of the services shall become ownership of DSV upon their creation. DSV shall have the exclusive, transferable, sublicens- able, worldwide, temporal und contentswise unlimited right to use, reproduce, change and, also in a modified or processed state, make accessible to the public, disclose or utilize in any possible form the results itself or through third parties in any possible known or un- known way. 9.2. AN warrants that DSV does not violate copyrights, patents or other intellectual property rights of third parties due to the contractual use of the services performed by AN. If claims for damages or injunctive relief of third parties are brought against DSV due to violation of the aforementioned rights, AN is obliged to make all reasonable efforts to assist DSV in repelling such claims. If thereupon DSV is held liable towards a third party, AN shall indemnify DSV for all claims of the third party and all incurred costs of DSV. 10. Assignment of claim Assignment of claim of AN against DSV shall only be permissible, if such assignment indicated by AN to DSV in advance and in writing and DSV approves such assignment in writing. 11. Compliance with the Minimum-Wage-Act 11.1. AN warrant’s that he and his vicarious agents comply with the provi- sions of the Minimum-Wage-Act (MiLoG), in particular the obligation to pay the minimum wage. 11.2. AN shall hold DSV harmless upon first demand against any and all claims by third parties arising out of or in connection with the violation of the MiLoG by AN or by AN’s vicarious agents. Third parties in the meaning of this clause are in particular employees of AN or his sub- contractors. The hold-harmless obligation also applies for any sanc- tions, 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 the MiLoG by AN or by AN’s vicarious agents as well as for any legal defence costs. 12. Termination 12.1. If not otherwise agreed upon, DSV is entitled to terminate the con- tract observing a notice period of 4 weeks to the end of a month. 12.2. In the event of premature termination, DSV remunerates provided services up to the date of termination of the contract as well as fur- ther provably arising and directly resulting costs, deducting spared expenses. AN is not entitled to further claims for performance or damages due to the termination of the contract. 12.3. The right to extraordinary termination remains unaffected. A reason for extraordinary termination for DSV is in particular given, if AN vio- lates his obligations pursuant to the contract or insolvency proceed- ings are instituted with respect to AN's assets or if the institution of such proceedings has been rejected due a lack of insolvency assets. In this event DSV is entitled to make use of the existing installation or up to this point performed service in order to continue the service, in exchange for adequate compensation. 13. Confidentiality 13.1. 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 ful- fillment of the contract, such information shall neither be u sed in AN’s own business interest against DSV nor be forwarded to third parties. 13.2. The confidentiality obligations shall remain in force for a period of two years after termination of all contracts governed by this terms and conditions. 14. Code of Conduct; safeguarding the delivery chain 14.1. AN is obliged to comply with all applicable laws. In particular AN shall not participate in corruption, violation of civil rights or child labor in any way. Furthermore AN shall take necessary organizational measures to warrant the health and security of his employees at their place of work, to comply with environmental laws and to comply with 14.2. 14.3. 14.4. 14.5. 14.6. and support further provisions of the Code of Conduct (“CoC”) (avail- able at www.de.dsv.com). AN obliges any subcontractors equally. Within two weeks upon conclusion of contract AN shall without request present DSV a signed copy of the CoC and the sustainability agreement. AN shall perform all necessary organizational 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 pursuant to the requirements of internationally acknowledged initiatives on the basis of the WCO SAFE Framework of Standards (in particular AEO). He shall protect deliveries and services to or on behalf of DSV or to a third party spec- ified by DSV from unauthorized access and manipulation. For any of the aforementioned obligations AN ensures to only use reliable and trustworthy personal and he shall legally bind subcontractors to these obligations. AN is obliged to immediately present, without request, an original of the “Security Declaration for Authorized Economic Opera- tors AEO” (available at: www.de.dsv.com), as long as AN is not certi- fied according to AEO-S or AEO-F. This obligation does not apply if such declaration has already been presented to DSV. In the event services of AN are associated with secure air freight, AN acknowledges his awareness of the applicable rules with regard to secure handling of air freight (Regulation (EC) No 300/2008 as of 11.03.2008, Regulation (EC) No 185/2010 as of 04.03.2010 as well as corrections and supplementary/additional regulations) and AN is obliged to comply with these rules. AN obliges any subcontractors equally. DSV shall be entitled to check the AN for compliance with regard to the aforementioned obligations pursuant to no. 13.3. and 13.4. at any time. DSV is entitled to terminate the cooperation with immediate effect if AN violates the aforementioned obligations pursuant to no. 13.1., 13.3. and 13.4. 15. Written form clause Deviations from provisions of this General Terms and Conditions, alterations or amendments of the offer or order of DSV as well as verbal side agree- ments shall require written form in order to be effective. This also applies to deviations from or cancellation of this written form requirement. 16. Severability clause 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, unenforceable or missing provision shall be replaced by a proper and legally valid provision which comes closest to the economic intend 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. 17. Governing law, venue 17.1. The law of the federal republic of Germany shall apply. 17.2. Exclusive jurisdiction for any dispute arising is Bremen. The English translation of the General Terms and Con- ditions of Purchase for Woks and Services of DSV Group Germany 09/2020 is provided for information purposes only. The legally binding text is only the German Version of the General Terms and Conditions of Purchase for Woks and Services of DSV Group Germany 09/2020 (available at: www.de.dsv.com). General Terms and Conditions of Purchase for Woks and Services of DSV Group Germany Version: 09/2020 Page 2 of 2
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