DSV ROAD CONDITIONS All our haulage activities are governed by the CMR Convention and the General Terms and Conditions for Carriage by Road (latest version), save for any clause inconsistent with the DSV Road TERMS AND CONDITIONS. Acceptance of any other orders and their performance shall be governed by the General Logistics Conditions which came into effect on 27 November 2003 and the present DSV Road TERMS AND CONDITIONS. PRICING AND PAYMENT TERMS 1. Unless otherwise specified, all our prices are exclusive of VAT. 2. DSV Road NV invoices are payable cash on receipt and without discounts. Payments shall on no account be made subject to special circumstances or the proper performance of the transactions invoiced for or any other transactions. 3. Advance fee: 3% on the amount advanced (if unsettled within 8 days of the invoice date). 4. Any complaints with regard to our invoices shall be submitted within eight days. Save in the event where the Client is invoiced twice or the creditor has made a mistake, disputes regarding an invoice shall on no account release the debtor from his obligation to pay and shall only give rise to a compensatory credit note after the invoice in question has been settled. 5. Unless otherwise agreed upon, accounts shall be settled at the place where the DSV Road NV offices are located. On no account shall the issuance of a bill of exchange or a waiver of claims result in novation. 6. The risks associated with fluctuations in foreign currency exchange rates or the legally prevailing value of the Euro shall be borne by the principal. Any changes thereto shall automatically ensue in an adjustment of our prices and offers. 7. Any debt that has not been settled by its due date shall automatically, and without prior formal notice, be increased by compensatory interests at the rate of 10% and by a fixed fee, equal to 10% of the debt, to cover any economic losses and administrative expenses, without prejudice to the right of DSV Road to sue the principal for any further losses the latter can substantiate. 8. In the event insolvency proceedings were to be filed, a seizure levied or any other concurrence of circumstances affecting the Client or in the event the latter were to file proceedings as provided for under the Business Continuity Act, DSV Road NV shall be entitled to unilaterally terminate the agreement without being obliged to issue notice. In that case, all reciprocal claims between DSV Road NV and the Client, and notwithstanding any assignment of claim on the part of the Client or DSV Road NV, shall ipso jure and without prior formal notice or court ruling be indemnified up to the smallest amount, irrespective of their due date, their object or the currency in which said claims have been expressed. For the record, the parties hereby expressly agree that the present agreement is a close-out netting agreement in the sense of art. 14 of the Financial Collateral Act of 15 December 2004. CONTRACTUAL CREDIT TERMS 9. In cases where a contract pursuant to the DSV Group policy requires credit approval (trade on credit) it must be ensured that the contract contains a clause with minimum the below content. 10. Debtor Insurance DSV Road NV and/or its affiliates reserves the right at any time during the agreement to take out a debtor insurance policy on the customer and/or its affiliates covering any debts the customer and/or its affiliates may incur pursuant to the services that DSV Road NV and/or its affiliates may render under this agreement. 11. Revocation, rejection or limitation of debtor insurance coverage It is especially agreed that in the event where (i) the debtor insurance company rejects or revokes or in any way limits the debtor insurance coverage concerning the customer and/or its subsidiaries, notwithstanding the reason, or (ii) DSV Road NV and/or its affiliates at its discretion may find that the creditworthiness of the customer and/or its subsidiaries is not satisfactory, DSV Road NV and/or its affiliates reserve the right either to: Re-negotiate the entire agreement; or Demand the customer and/or its affiliates provides appropriate security to the reasonable satisfaction of DSV Road NV and/or its affiliates, e.g. a bank guarantee from a reputable bank of an amount subject to the discretionary determination of DSV Road NV and/or its affiliates; or Terminate the agreement with immediate effect, Subject to the sole discretion of DSV Road NV and/or its affiliates. 12. Parent company liability In the event that the customer in its capacity as parent company is entering into this agreement or later becomes a parent company, the customer shall be joint and several liable with those of its affiliates which at any time may incur debts to DSV Road NV and/or its affiliates pursuant to the services that DSV Road NV and/or its affiliates may render to them under this and other agreements. This joint and several liability shall, however, not apply in so far as and as long as any debtor insurance coverage is full, unlimited and unrestricted and has not been rejected, revoked or limited by the debtor insurance company with respect to the individual affiliates. 13. Credit terms and lien Repeated failure (understood as more than two (2) incidents within a period of six (6) consecutive months) of the customer and/or any payment agency which acts on behalf of the customer to timely release or execute payment for the services rendered by DSV Road NV and/or its affiliates within the aforementioned credit terms could at the discretion of DSV result in the immediate revocation of the credit and any subsequent provision of services will be subject to COD terms (Cash On Delivery). Any objection of the customer to an invoice submitted by DSV Road NV and/or its affiliates shall not relieve the customer and/or any payment agency which acts on behalf of the customer of fulfilling the obligation to timely release or execute payment for the services rendered and shall not limit DSV Road NV and/or its affiliates’ ability to immediately revoke the credit resulting in that subsequent provision of services will be subject to COD terms (Cash On Delivery). and/or its affiliates will within 14 days of receipt of an objection to an invoice revert to the customer with either a full explanation of the charges and fees billed or with the issuance of a credit note. DSV Road NV and/or its affiliates shall be entitled to exercise a lien on the goods and any documents relating thereto, for any amount due to it/them, at any time from the customer, including the costs of recovering the same and may enforce such lien in any reasonable manner, including sale or disposal of the goods. This right of lien is extended to cover not only the specific transportation or service related to the lack of payment, but also to any and all obligations/accounts receivables towards DSV Road NV and/or its affiliates existing at any time. JURISDICTION 14. Unless otherwise provided under an arbitration clause or agreement, any disputes, whatever their nature, or any disagreements with regard to the services to which an invoice relates, even by way of third-party proceedings, whether or not several defendants are involved, shall be submitted to the courts of the place where the registered office of DSV Road NV is located, i.e. to the Commercial Court in Antwerp. However, DSV Road NV shall invariably be entitled to submit disputes to any other competent court. OFFERS - VALIDITY 15. All our offers are valid for every country (unless otherwise specified), up to and including 31 December of the current year, with the exception of any offers for Full Trailer Loads which shall remain valid for three (3) months. All offers issued are subject to DSV’s final acceptance of the order. BBOOKINGS – FREIGHT ORDERS 16. Bookings shall be made before 2 p.m. on day A for loading on day B. To be quoted at the time of booking: - Full address where the goods are to be loaded and unloaded - Details of the goods (number of packages, type of packaging, weight and dimensions, volume or number of loading metres) - Delivery terms (EXW, DDU.) - Invoice address + VAT number - ADR goods: UN number, name and description of the substance, label number of the primary hazard and, if relevant, of any secondary hazards, packaging group, tunnel code and, where applicable, Limited Quantities or Excepted Quantities. - Specifications involving the physical and legal condition of the loading and unloading site that may have an influence to the execution of the order, including, but not limited to weight restrictions, restrictions in height or width of the entrance road, maneuvering space etc… 17. Transport to/from non-EU countries: all the necessary documentation needs to be supplied. 18. DSV Road NV is not in a position to accept goods exceeding a specific value (CMR, art. 24) or with a special interest in delivery (CMR, art. 26). CUSTOMS FORMALITIES AND THERETO RELATED ACTIVITIES 19. In case DSV Road NV is instructed by the principal to export or import clear the cargo or any other customs related actions, following conditions are applicable: 20. The principal hereby instructs DSV Road NV, i.e. a recognized and licensed customs clearance agent, to, in the name and on behalf of the principal in Belgium, and, in accordance with the prevailing European and Belgian customs regulations, act as the principal's indirect representative. 21. The present mandate comprises all the relevant formalities (customs, VAT, etc.) DSV Road NV shall fulfill within the framework of indirect representation. 22. Unless otherwise agreed, the contractual relationship between the parties shall be governed by the Belgian Freight Forwarding Standard Trading Conditions 2005. 23. The principal is obliged to, on request and per individual declaration, furnish DSV Road NV with all the necessary documents and information that may be required on foot of the present agreement, the prevailing regulations respectively. 24. DSV Road NV shall, on the basis of the documents and information it has received, perform all the formalities that need to be fulfilled. In that respect, DSV Road NV shall only be bound by a best endeavours obligation. 25. DSV Road NV hereby expressly reserves the right to decline any order to perform any activities and formalities within the framework of the present agreement if it has valid reasons to do so. 26. The principal recognizes and accepts that he shall bear sole liability for the accuracy, completeness and timeliness of the documents and information to be provided and for the declarations made on the basis of these documents and that information. 27. Liability on the part of DSV Road NV shall be governed by and limited to the provisions of the Belgian Freight Forwarding Standard Trading Conditions 2005. 28. Any liability claims against DSV Road NV shall become prescribed if they have not been filed with the competent court within 6 months. 29. The principal hereby unconditionally and irrevocably undertakes to, on request, furnish DSV Road NV with a bank guarantee from a first class bank to cover any liabilities ensuing from the activities DSV Road NV has performed in the capacity of indirect representative. 30. The principal also unconditionally and irrevocably undertakes to, on request, safeguard DSV Road NV against and settle any liabilities DSV Road NV may incur, including, though not exhaustively so, any duties (customs duties, excise duties, VAT, etc.) and fines ensuing from its activities as an indirect representative. 31. The Customer shall hold DSV Road NV harmless of fines, penalties or charges resulting from violation of applicable trade compliance, sanctions, export controls, embargoes etc. The Customer is obliged to verify and guarantee that none of the Customer’s customers are designated as a denied party by relevant and applicable regulations. ONLINE BOOKING 32. Freight orders shall preferably be booked online via DSV Road NV e-services (for your login code or further information kindly contact: eservices.info@be.DSV.com or dial our free-phone number 0800-99645). GOODS 33. Packaging, markings, labels 34. Goods shall be safely and properly packaged, marked and labelled. If the primary packaging of a particular item is not sound enough to ensure its safe transportation, the packer and/or the consignor shall also package the goods in extra transport packaging that is resilient enough to ensure that the goods are secure. 35. Dimensions and weights 35.1. Dimensions and weights shall be submitted correctly. We reserve the right to check the weight and the dimensions of the goods and, in the event of any deviations, to correct the CMR consignment note on the basis of approved and calibrated equipment. 35.2. Palletized goods shall not exceed the pallet dimensions, this to avoid any damage to the goods. 36. Palletized goods shall not exceed the pallet dimensions, this to avoid any damage to the goods. In accordance with art. 45bis. 3. of the RD on cargo security of 27 April 2007, the following shall be deemed to have been agreed upon between the parties, unless the consignor has forwarded different specifications in writing beforehand: 1. The terminology used in any communications shall be consistent with EN12195-1 to 4. 2. The centre of gravity of every load unit shall be transversally and longitudinally symmetrical. 3. The centre of gravity of each load unit shall be located no higher than 10cm above half of the height of the load unit. 4. Each load unit shall be able to withstand the forces of a lashing in the form of a top-over lashing of 50 mm wide with a standard tension force of 500daN without the use of corner guards. 5. Each load unit shall remain stable in the event of a lateral and backward acceleration of up to 0.5 g and a forward deceleration of up to 0.8 g. If requested by the inspection authorities, proof to that effect may be provided. 6. The bottom of the load unit shall be composed of rough wood. 36.1. The consigner shall provide the following information in writing beforehand: 1. The mass per load unit and the total mass of the cargo 2. The external dimensions (length, width and height) per load unit 3. The load unit orientation to be observed during transport (which measurement in the direction of the traffic flow) 4. Restrictions with regard to the use of direct lashing methods 5. Any divergences from the aforementioned provisions 1 up to and including 6: - Specific terminology - Asymmetry of the centre of gravity transversally and/or longitudinally per load unit - The centre of gravity being positioned higher than 10 cm above half of the height of the load unit - Maximum tension in a 50 mm lashing in the event of top-over lashings without corner guards or specifications for corner guards in the event of a tension of 500daN or an adapted securing system - Maximum forward, lateral and backward stability per load unit - The material on the bottom of the cargo as required so as to determine the friction 36.2. When the cargo is secured by the consignor, the consignor shall also be required to furnish written proof of reliability of the cargo securing provisions. 37. Hazardous, theft-prone and high-value goods
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