Terms and Conditions DSV XPress § 11 Area of application I. These Terms and Conditions apply to the transportation of consignments which are surrendered to us using the “DSV XPress” dispatch order made available by us therefore or with a consignment note issued via our “Easyshipper” forwarding software and are accepted by us for transportation. II. The Terms and Conditions are published on the www.dsv.com/nl website, printed on the back of the dispatch order and sent by us on request. III. We reserve the right to amend and supplement the Terms and Conditions unilaterally without informing our contractual partners separately. The current version published on the website www.dsv.com/nl applies in each case. IV. The application of general terms and conditions of business of the sender or third party is expressly excluded. Any agreements differing from these Terms and Conditions are subject to an express written agreement between the sender and us. Unless otherwise stipulated in these Terms and Conditions, the provisions of the Dutch Forwarding Conditions of the Fenex additionally apply. In the case of air transport, the Montreal Convention may apply. Cross-border transport may be subject to the Convention on the Contract for the International Carriage of Goods by Road (CMR). § 2 Services I. Our service portfolio includes: - XPress Air: Delivery of documents and consignments worldwide in the shortest time possible. In case shipments are subject to additional handling, the guaranteed delivery times and the possibility to reclaim transport costs will fall due. - XPress Economy: National and international forwarding for non-urgent consignments. This service has no guaranteed delivery times and may differ from the specified duration. II. We select the mode of transport with the diligence of a prudent businessman. § 3 Fee DSV is entitled to change the prices within 30 days written notice. Prices are excluding surcharges. Surcharges will be charged in addition to the prices at the applicable rate of the day of shipment. Applicable surcharge rates are found here. DSV reserves the right to change and introduce new surcharges without prior notice. In case of late payment, 1.5 per cent interest will be charged on a monthly basis from the due date. No set-off can be made against claims for freight and other services. The fee is calculated according to DSV XPress current respec- tive price list, which is available upon request. In so far as different agreements are concluded in individual cases, for example for special performances, these specifically agreed prices shall apply. State levies, such as customs duty and import turnover tax, are not included in the fee. Such levies are listed separately on the invoice. The Shipper is obligated to pay the fee as well as other costs not included in the fee, such as customs duty and import turnover tax. In case of “ex-works” consignments, DSV XPress issues the invoice to the initial recipient. The Shipper’s obligation to pay is not affected thereby. § 4 Excluded goods I. Unless otherwise expressly agreed, the following are excluded from transportation: 1. Consignments with insufficient packaging 2. Dangerous goods which require special handling (e.g., those for which a DGR statement is required) 3. Valuable consignments (e.g., precious metals, jewels, etc.) and works of art 4. Perishable goods (e.g., foodstuffs) 5. All types of weapons as well as self-igniting and explosive goods 6. All types of removal goods 7. All types of pharmaceuticals 8. Plants and animals 9. Currency and securities including stamps 10. Alcohol, tobacco and pornographic publications and articles 11. All goods whose import and export is prohibited according to the applicable national regulations in each case. 12. Letter of credit consignments 13. Cash on delivery consignments 14. Jewellery and watch consignments with a value exceeding 500 EURO II. If the sender contravenes the obligation to hand over consignments excluded from transportation, he shall be liable for the resultant consequences without restriction. III. Should goods or consignments which are excluded from transportation pursuant to Clause I. be transported contrary thereto, this is subject to an express written agreement between us and the sender. § 5 Inspection We are entitled, but not obliged, at our own request or by official directive, to open consignments surrendered for transportation and are not subject to any liability in this respect. § 6 Liability I. Unless mandatory statutory regulations or international conventions take priority, our liability is based on the latest version of the Dutch Forwarding Conditions of the Fenex. They limit in Section 11 the liability for goods damage in forwarder’s custody to 4 SDR per kilogram with a maximum of 4,000 SDR per consignment. The forwarder shall not be liable for lost profit, consequential loss, and pain and suffering. II. Should the limitations of liability dealt with in the Dutch Forwarding Conditions, the Montreal Convention or the CMR not apply or be invalid, we are only liable in the event of intent or gross negligence by our legal representatives or agents. Our liability is limited to the damage typically expected unless the damage entails loss of life or personal injury. IV. When forwarding particularly valuable goods or goods at risk of being stolen and in the case of goods with an actual value of € 50.00/kg or more the sender must enter the value and the contents of the consignment in the boxes provided. Entry of the value is not deemed a declaration of value according to Art. 22 of the Montreal Convention or Art. 24 of the CMR. § 4 of these Terms and Conditions is not affected thereby. § 7 Insurance I. By special written request, it is possible to provide insurance for the transport of goods in favour of the sender with an insured sum of a maximum of € 50,000.00. If this is desired by the sender, he must state the value of the consignment and the goods type. II. The insurance for the transport of goods is only in favour of the sender. Assignment is excluded. § 8 Partial invalidity Should one of the provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes closest to the economic content of the invalid provision. § 9 Choice of law / Place of jurisdiction The laws of The Netherlands apply. Should the arbitration procedure of the Dutch Forwarding Conditions (section 23) not apply or be invalid, Amsterdam is deemed agreed as the place of jurisdiction. § 10 Invoicing In each case, the sender has the possibility to object invoices within 14 days of the invoice date.
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