If principal buoys the instructions despite warning, forwarder may desist from the contract, respectively it can denounce it or can attend to it after providing of a security given by the principal, to principal’s risk. The consequences arising from the time elapsing concerning providing of insurance charge principal. 4. (Differing from the instruction) Forwarder can differ from principal’s instruction if the interest of principal – basing on the data staying at the disposal of forwarder – indisputably requires it and there is no way to inform principal forehand. In such a case principal must be informed without delay. 5. (Refusal of fulfilment of instruction) Forwarder has to refuse the fulfilment of the instruction if its execution leaded to breach of law or regulation of authorities or it endangered the person or property of others. 6. (Costs of instruction) Principal is obliged to refund forwarder’s costs arising due to fulfilment of the instruction, resp. it has, on requirement of forwarder, to effect advance payment in due time. 7. (Instruction and security) Forwarder can connect the fulfilment of the instruction to providing of according securities. If no appropriating security from principal will be provided, forwarder can refuse the fulfilment of the instruction. Non- according security is, which does not reach the amount of costs increased by 10% to be occurred at the participants of the executing chain, and which is not appropriate to be claimed by the forwarder immediately, without any procedure of assertion against principal or third persons. Forwarder has to settle accounts with the security immediately after having claimed it or after payment by the principal. 8. (Modifying instruction) Should principal change its forwarding commission so that forwarder cannot fulfil same, forwarder can desist or can terminate the contract, and claim payment of its costs and fee. 9. (No instruction provided by principal) Should forwarder not have received instruction in due time from principal although having asked for those, it is entitled to act on his own judgement. When acting so, forwarder must consider avoiding and minimising its own damages and costs and easing principal’s damage, and observe points of rationality. Damages arose to forwarder this way, will be borne by principal. 10. (Instruction of third persons) Any instruction of principal as per which the shipment is to be held to the disposal of third person cannot be withdrawn if the third person is already entitled to dispose about the shipment. All consequences of the disposal of third person, so especially damages and costs shall be borne by the principal. 3
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