Notwithstanding article 3 B.1 above, the freight forwarder can in accordance with §§ 22 – 24 below, undertake services – or parts of services – as intermediary, if the freight forwarder does not undertake such services in his own name or on his own account and on the condition that the freight forwarder specifies to the customer that the services are undertaken solely as intermediary. As intermediary, the freight forwarder is not responsible for parties other than his own employees. D. Warehousing The responsibility of the freight forwarder with regards to warehousing or storing is governed by and in accordance with § 25 below. E. General practice etc. In addition to what has been expressly agreed upon, general practice and commonly used terms shall be applicable in so far as they do not deviate from these conditions. THE CUSTOMER § 4 Under the present conditions, the customer is the party that has concluded a contract with the freight forwarder, or that has acquired the rights of that party. The liability of the customer is governed by § 26 of these conditions. GENERAL CONDITIONS THE PERFORMANCE OF THE CONTRACT § 5 The parties recognize the importance of and shall provide each other with information necessary for the performance or fulfilment of the contract. The freight forwarder undertakes to perform services, to pick up, take care of or procure the handling of the goods in accordance with the contract terms and in a suitable way for the customer with generally used means and routes of transport. A contract between the freight forwarder and the customer (for carriage or other services) evidenced by electronic transport documents shall be deemed to have been concluded only when the freight forwarder issues an electronic receipt which includes an acceptance thereof. Instructions to the freight forwarder concerning the scope of the contract shall be given directly to him. Information contained in the invoice stating that goods have been sold cash on delivery or against a declaration of value specified in the dispatch instructions does not therefore mean that the freight forwarder has undertaken to collect the invoice amount or to take out an insurance. Unless otherwise agreed it is the customer’s obligation to arrange for loading and unloading of the goods and it is the freight forwarder’s obligation to arrange for stowing and securing of the goods. § 6 It is the duty of the freight forwarder to prove that, according to the contract, he has protected the customer’s interests in a diligent manner. The freight forwarder may not invoke the rules in these conditions which exonerate him from or limit his liability, or alter the burden of proof, if it is proven that the freight forwarder’s subcontractor has wilfully, or the freight forwarder himself or his own employees have wilfully or grossly negligent, caused the damage, delay or other loss, unless otherwise stated in § 2. If the exact circumstances that resulted in loss, depreciation of, damage to or delay of goods which occurred when the goods was in the custody of the freight forwarder cannot be demonstrated, this shall not in itself be considered as gross negligence on part of the freight forwarder. § 7 The freight forwarder shall be responsible for ensuring that the goods are picked up, carried and delivered within a reasonable time (without a time guarantee). When assessing such reasonable time, information as to the expected time of pick up, carriage and arrival stated by the freight forwarder in his marketing or in connection with the signing of the contract, shall be taken into account. The freight forwarder is responsible (with a time guarantee) for the goods being picked up, carried and delivered within the time that: – has been agreed upon in writing as a special, time- guaranteed transport, or – has been submitted in writing as a condition of an offer expressly accepted by the freight forwarder, or – has been presented by the freight forwarder in a written quotation that was accepted by the customer.
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