4. Rights and obligation of DSV 4.1. Unless otherwise agreed in writing, DSV shall be entitled, without notice to the Customer, to retain motor carriers for the carriage of Goods. 4.2. DSV shall be entitled (without incurring any additional liability), but shall be under no obligation, to depart from the Customer’s instructions in any respect if DSV reasonably considers there is a good reason to do so in the Customer’s interest. DSV may at any time comply with the orders or recommendations given by any government authority. The responsibility and liability of DSV in respect of the Goods shall cease on the delivery or other disposition of the Goods in accordance with such orders or recommendations. 4.3. Where the carrier is entitled to call upon the Customer or Owner to take delivery of the Goods at a designated time and place and delivery of the Goods, or any part thereof, is not taken by the Customer or Owner at the designated time and place; DSV (or such carrier) shall be entitled to store the Goods in the open or under cover at the sole risk and expense of the Customer. 4.4. DSV shall have the right to enforce against the Owner and the Customer jointly and severally any liability of the Customer under these Conditions or to recover from them any sums to be paid by the Customer which upon demand have not been paid. 4.5. DSV will perform all Services in accordance with the DSV Code of Conduct applicable at the time of the performance of Services. The DSV Code of Conduct is based on the values of DSV and signifies DSV’s intentions regarding ethical business behavior and applies to all DSV Group entities and employees, including managers and executive officers. The Customer shall conduct its business in an ethical and legal manner. Customer and Owner understand and accept that DSV shall not be liable for loss, damage or delay of Goods or breach of contract caused by DSV’s adherence to the DSV Code of Conduct . 5. Special instructions, goods and services 5.1. The Customer’s responsibility for correct information 5.1.1. The Customer shall be deemed to have guaranteed to DSV the accuracy, at the time the Goods were taking in charge by DSV’s selected carrier of the description of the Goods including but not limited to its marks, number, quantity, dimensions, classification, and weight as furnished by the Customer. 5.2. Customer shall comply with all laws and regulations relating to the transportation of hazardous materials. Customer shall advise DSV if any shipment contains hazardous materials. Unless agreed in writing, DSV shall not provide Services for hazardous materials. 5.3. If the Customer is in breach of either Clause 5.1 and/or 5.2, then the following shall apply at DSV’s discretion: a) the Customer shall be liable for all loss or damage whatsoever caused by or to or in connection with the Goods howsoever arising; and b) the Customer shall defend, indemnify and hold harmless DSV against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith; and/or c) DSV (or the custodian of the Goods) may destroy or otherwise dispose of the Goods, without requirement of notice of same. 5.4. Temperature regulated goods 5.4.1. The Customer undertakes not to tender for transportation of any Goods which require temperature control without previously giving written notice of their nature and the particular temperature range to be maintained. In case of a temperature controlled Container stuffed by or on behalf of the Customer, the Customer further undertakes that: a) the Container has been properly pre-cooled or pre-heated as appropriate; b) the Goods have been properly pre-cooled or pre-heated and properly stuffed in the Container; and c) the Container’s thermostatic controls have been properly set by the Customer. DSV public
Download PDF file
Cookie policy