General Terms and Conditions – Business Unit DSV XPress § 1 Scope of application I. These terms and conditions apply to the carriage of consignments which are handed over to us using the shipping order made available by us for this purpose or using a bill of lading generated by means of our shipping software and that have been accepted by us for transport. II. The terms and conditions are published on the website www.dsv.com/en-ch/ under “Standard terms and conditions” and are attached to the respective offer. We reserve the right to unilaterally amend and supplement the terms and conditions without informing our contractual partners separately. The currently valid version published on the website shall apply in each case. III. The application of general terms and conditions of the sender or third parties is expressly excluded. Agreements deviating from these terms and conditions require an express written agreement between the sender and us. Unless otherwise stated in these terms and conditions, the provisions of the latest version of the GC SPEDLOGSWISS shall apply in addition. International transport agreements may apply to transport by air (Warsaw Convention, Montreal Convention). 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: • DSV XPress Air: delivery of document and goods shipments worldwide in the shortest possible time • DSV XPress Economy: national and international shipping for non-time-critical consignments • DSV XPress Special Services: worldwide shipping for particularly urgent shipments II. We select the means of transport with the care of a prudent businessman. § 3 Remuneration I. The remuneration shall be calculated in accordance with our currently valid price list, unless otherwise agreed individually. If, in individual instances, e.g. for special services, divergent agreements are entered into, then these shall have priority. II. The term of payment for freight, tariffs and any other expenses is 14 days from the invoice date unless a different term of payment is agreed in the offer. Our expenses for customs duties and import sales tax are due immediately. The agreed payment term is only valid if we obtain insurance cover from DSV´s credit insurer, Atradius Kreditversicherung, Opladener Str. 14, D-50679 Köln. We reserve the right to provide services only against advance payment. III. Governmental charges, such as custom duties and a turnover tax on imports, are not included in the remuneration. They will be put forth separately in the invoice. IV. We reserve the right to adjust existing surcharges or introduce new surcharges at any time. The currently valid surcharges are always available under DSV XPress Surcharges. V. In all cases the sender is also the debtor. This applies to the remuneration itself as well as to other costs such as customs, duties and turnover taxes on imports that are not included in remuneration. In the case of “freight collect” shipments we initially issue the invoice to the consignee. However, the obligation of the sender to pay remains unaffected hereby. VI. Furthermore, agreements on prices and services are based on the unchanged continued validity of the following calculation bases on which the agreement/offer was previously based: 1. agreed goods, order volume or quantity structure; 2. underlying freight rates, exchange rates and tariffs with third parties used (e.g. airlines and other subcontractors); 3. unchanged transport conditions, unimpeded connecting routes, unchanged data processing requirements, procedural instructions and unchanged public charges, unless the changes were foreseeable taking into account the circumstances at the time the contract was concluded. The contract shall not continue to apply unchanged if the aforementioned parameters according to 1. to 3. deviate from the calculation basis at the time of conclusion of the contract by an average of more than 15% for a period of more than 14 days; this then constitutes a significant change. VII. In the event of significant changes to the calculation bases, DSV is entitled to make an appropriate price adjustment, even during the specified period of validity, by providing appropriate evidence. Price adjustments must be communicated by DSV to the sender with a lead time of two weeks. If the sender does not agree with the price adjustment, it shall be entitled to object to the price adjustment without delay, whereby in the event of an objection both parties shall be entitled to terminate the agreement subject to a period of notice that is reasonable in the circumstances of the individual case, but not exceeding four weeks. § 4 Prohibited Goods I. Unless expressly agreed to otherwise, the following types of shipments are prohibited: 1. shipments with inadequate labelling or packaging, 2. dangerous goods that require special handling (e.g. those for which a declaration of dangerous goods is required), 3. valuable consignments (e.g. precious metals, jewellery, etc.) and works of art, 4. perishable goods (e.g. foodstuffs), 5. weapons of all kinds as well as self-igniting and explosive goods, 6. removal goods of all kinds, 7. medicines of all kinds, 8. plants, seeds and animals, including animal products such as hides and skins of wild animals and ivory products, 9. means of payment and securities including stamps, 10. liquids and gels of any kind in connection with electronic devices, 11. alcohol, tobacco products and pornographic material, 12. all goods whose import and export is prohibited under applicable national regulations, 13. letter of credit shipments, 14. cash on delivery of any kind, 15. jewellery and watch shipments with a value of more than USD 500 per parcel or the corresponding amount in the local currency as well as 16. goods exceeding a value of USD 50,000 per parcel or the corresponding amount in the local currency. II. If the sender violates his obligation to refrain from the shipment of prohibited items, then the sender bears unlimited liability for the results thereof. III. If goods or shipments, the shipping of which is prohibited under No. I, are nonetheless shipped in derogation thereof, this requires an express written agreement between the sender and us. § 5 Inspection We are entitled but not obliged to open shipments consigned to us for transport, either upon our own choosing or subject to an administrative order, and we are not subject to any liability in this regard. § 6 Liability I. Unless mandatory statutory provisions or international conventions take precedence, our liability shall be governed by the latest version of the GC SPEDLOGSWISS. Express reference is made to the provisions on liability in accordance with Art. 19 - 26 GC SPEDLOGSWISS. The GC SPEDLOGSWISS are available under www.dsv.com/en-ch/ under “Standard terms and conditions”. II. Information concerning an amount or a special declaration of interests in delivery by the sender (Art. 22 of the WC, Art. 22 of the MC) is to be separately provided by the sender in writing in the form of a special notification. Specifying a value in the field “value" under “5. Commodities” by the sender is not to be considered a declaration of value in accordance with Art. 22 WC/MC. III. Should the limitations of liability as stipulated in the GC SPEDLOGSWISS, in international air transport conventions, or in the CMR prove inapplicable or invalid, then we are only liable in cases involving intent or gross negligence on the part of our legal representatives or vicarious agents. Our liability is limited to normally expected damages, unless the damages consist of loss of life, bodily injury, or impairment to health, or the violation is one of material contractual obligations, i.e. those obligations, the observance of which are a condition for implementing the contract and/or the violation of which endanger the attainment of the contractual purpose. IV. When shipping goods that are particularly valuable or subject to theft (see also section 11 GC SPEDLOGSWISS) as well as in the case of goods with an actual value of CH 100.00 per kilogram or more the sender is to enter the value and content of the shipment in the fields provided therefor. Entry of the value in this fashion shall not be considered as a declaration of value in accordance with Art. 22 WC/MC. § 4 of these terms and conditions shall remain unaffected thereby. § 7 Insurance I. Upon special written application it is possible to take out transport insurance for goods in favour of the sender with an adequate insured amount. If the sender wishes to do this then the value of the shipment and the nature of the goods must be disclosed. II. Transport insurance for the goods may only be taken out for the benefit of the sender and assignment is excluded. § 8 Termination Both parties are entitled to terminate the co-operation at any time with a notice period of 30 days. § 9 Severability Should a provision of these conditions be or prove to be invalid, then the validity of the remaining provisions shall remain unaffected thereby. The invalid provision is to be replaced by a valid provision that comes closest to the economic content of the invalid provision. The same applies in the case of an unintended loophole. § 10 Choice of Law/Venue I. The law of Switzerland applies. II. Insofar as legally permissible, the court of Basel shall have jurisdiction for all legal disputes. Art. 31 CMR remains unaffected. General Terms and Conditions – Business Unit DSV XPress Version: 11/2024 DSV public
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