DB Schenker Terms and Conditions of Transport

jointly carry out appropriate testing to ensure thatexchange of EDI messages can be exchanged in the agreedmanner even after the modifications.6.5 Exchange of EDI messagesA party receiving an EDI message in accordance with theAgreement prerequisites shall attend to and process themessage without delay.DB Schenker recommends that Party 2 transfers EDI filesimmediately following print-out of the transport documentor on an ongoing basis several times a day to ensure thatthe EDI information is available at Party 1 before theconsignment arrives at the terminal.If no other time is specified in the Agreementprerequisites, Party 2 must send the transport instructionsto Party 1 without delay and no later than immediatelyafter the goods are loaded at Party 2. This also applies inconjunction with use of a Third Party.For international consignments, the information shouldnormally be transferred in conjunction with the order.For certain transport arrangements and customsconsiderations, the consignment information must betransferred to DB Schenker in conjunction with the orderbefore the unit can be loaded.Party 2 is responsible for ensuring that the content of thetransport instructions concurs with the goods that havebeen loaded.In the event of a deviation between the content of EDImessages exchanged by the parties and correspondinginformation submitted on paper or using another medium,the EDI message applies unless it is evident that thesending party intended the information submitted usinganother medium to take precedence.Party 2 shall keep security copies/back-ups of transfersmade for at least five (5) working days, so that these canbe resent on request.Both parties must be able to show proof of sent andreceived messages for at least the past 30 calendar days,calculated from the planned transport date. Extracts mustbe readable and be provided free of charge.6.6 EDI message – exchange failure or errorIf either party finds that a message cannot be exchangedvia EDI, or if corruption is detected in an EDI message,the counter-party must be notified immediately. The partymust then send the information in accordance with theprocedure approved in advance by the counter-party.Once the fault has been rectified, the parties must jointlydecide on and perform the necessary tests before ordinaryexchange of EDI messages resumes.If transport instructions are missing prior to the arrivalof the goods at the first terminal, this may result in thegoods not being unloaded or being transferred to a storagearea where they will be subject to storage costs at currentrates. Party 1 reserves the right to charge Party 2 for alladditional costs resulting from the absence of transportinstructions. However, such costs are not debited ifParty 2, after a message from Party 1, has made use ofthe procedure approved in advance by the other party. Itis only if Party 2, despite receiving information about themissing transport instructions, has not sent a new copy orutilised the procedure approved in advance by the counterparty,that costs can be charged.In the event of a missing EDI message, Party 1 must informParty 2’s contact person according to the Agreementprerequisites. In the absence of transport instructions atthe time of the arrival of the goods at the first terminal,no timetables or guarantees apply.In the event of a computer breakdown affecting one of theparties or to/at the VAN supplier, the contact person forthe counter-party must be informed of this according tothe Agreement prerequisites. In the event of a computerbreakdown, the parties shall assist one another to the bestof their ability.6.7 Binding effect of EDI messagesWhen transport agreements, legal requirements or otherdirectives require that messages be delivered in writing,this requirement is considered to be fulfilled by EDI messagesexchanged according to Agreement prerequisites andthese General EDI Provisions.An EDI message shall, unless proven otherwise, beregarded as having been received by the receiving partyonce the transfer that includes the message has beenlogged as received in the agreed format by the receivingparty, or, if the party’s VAN supplier, according to the logkept by the VAN supplier, has received EDI messages.An EDI message shall, unless proven otherwise, beregarded as having been sent by the sending party oncethe transfer that includes the EDI message has been loggedas sent by the sending party, or, if EDI messages have beensent via the party’s VAN supplier, according to the log keptby the VAN supplier.The sending party bears the risk of the EDI messages thatform part of a transfer being lost, delayed or corruptedduring transfer until the transfer has been logged as received.An EDI message sent by either party in accordance withthe Agreement prerequisites shall be regarded as havingbeen sent with authorisation and binding on the sendingparty unless the sending party can prove that the EDI messagewas sent without authorisation and that the counterpartywas or should have been aware of this.DB Schenker reserves the right to amend details in anelectronically sent Transport Instruction to ensure that theassignment can be completed.6.8 EDI message securityThe parties shall implement and maintain proceduresand technology for protecting EDI messages and securitycopies/back-ups against unauthorised access, corruption,loss of information and other harmful actions.6.9 ConfidentialityAny information that a party obtains by means of theexchange of information in accordance with the Agreementprerequisites and these General EDI provisions shallbe handled in accordance with the confidentiality rulesstipulated in the transport agreement. If either partyengages a VAN supplier, the party in question shall ensurethat the VAN supplier is also bound by such confidentiality.10