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Aanvullende Transportcondities DSV Road B.V.

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Article 6. Transit times and departure days<br />

Where the Client requests loading and unloading using a till lift or the shipment of dangerous substances or long items, this may affect normal<br />

transit times and departure days. Transit times and departure days may also change due to national or international public holidays or if <strong>DSV</strong> is<br />

required to deal with customs formalities or to take into account certain time frames. The Client must give sufficient notice of specific transit times<br />

and departure dates in order to avoid any delay or late delivery. <strong>DSV</strong> is not liable for loss suffered by the Client as a result.<br />

Article 7. Goods in transit insurance<br />

<strong>DSV</strong> has limited liability for loss in line with the CMR limit. Goods it is to ship will not, however, be insured by <strong>DSV</strong>. All prices and fees quoted in<br />

offers from <strong>DSV</strong> therefore exclude the cost of insurance. <strong>DSV</strong> will only insure the goods in transit if the Client requests this in writing before the<br />

shipment. The premium will be agreed between the parties.<br />

Article 8. Euro pallets<br />

4. Unless the Client has entered into a separate contract with <strong>DSV</strong> for the exchange of Euro pallets, <strong>DSV</strong> will only exchange Euro pallets if the<br />

Client indicates for any individual booking that the goods are to be shipped on Euro pallets and that these Euro pallets are to be exchanged<br />

by <strong>DSV</strong>. In all other cases, the Client has no right to the return or exchange of, set off against or compensation for, the Euro pallets supplied<br />

in any way whatsoever. Furthermore, Euro pallets will only be exchanged if the shipment is either within the Netherlands or to Belgium,<br />

Luxembourg, Germany or Austria.<br />

5. <strong>DSV</strong> will charge the Client 10% for the loss and write off of Euro pallets as standard. This means that <strong>DSV</strong> will only return to the Client or<br />

compensate the Client for 90% of the pallets.<br />

6. Any complaint concerning Euro pallets will only be considered by <strong>DSV</strong> if it is sent to <strong>DSV</strong> by the Client within three months following the<br />

shipment date.<br />

Article 9. Cancellation<br />

In the event of cancellation or termination for any reason of a pick-up contract, the following amounts will be charged to the Client:<br />

- In the event of cancellation or termination after 3 pm on the day before the day of loading, 70% of the agreed shipment price;<br />

- In the event of cancellation or termination after 5 pm on the day before the day of loading, 80% of the agreed shipment price;<br />

- In the event of cancellation or termination on the day of loading, 100% of the agreed shipment price.<br />

Article 10. Confidentiality<br />

The parties must not disclose any confidential information they receive from each other or from any other source in the context of their contract,<br />

irrespective of whether the information is oral or in writing and irrespective of the source. Information is deemed confidential if it is designated as<br />

such by the other party or is by its very nature confidential.<br />

Article 11. Set off<br />

Contrary to Book 6 Article 127 of the Dutch Civil Code, the Client is not entitled to set off any claim against <strong>DSV</strong> with any sum invoiced by <strong>DSV</strong>.<br />

Article 12. Scope of conditions<br />

7. These terms and conditions are supplemental to other conditions and regulations and are binding upon all contracts entered into by <strong>DSV</strong>. In<br />

the event of any conflict between these terms and conditions and the other binding conditions or regulations, the other binding conditions or<br />

regulations shall take precedence over these terms and conditions.<br />

8. All contracts for the international shipment of goods by road are governed by the terms of the CMR as well as by the terms of the latest<br />

version of the Algemene Vervoerscondities (AVC 2002).<br />

9. All contracts for the national shipment of goods by road are governed by the Algemene Vervoerscondities (AVC 2002).<br />

10. The relevant FENEX terms and conditions are binding upon all expedition work, including all customs formalities.<br />

11. All other logistical work is governed exclusively by the relevant FENEX terms and conditions.<br />

12. The versions of the above terms and conditions that are binding on any contract with <strong>DSV</strong> are always the most recently filed version. The<br />

said terms and conditions will be supplied to the Client on request and copies may be obtained from the information desk of the Courts of<br />

Rotterdam and Amsterdam. The said terms and conditions may also be downloaded, printed out and filed via the <strong>DSV</strong> website.<br />

Article 13. Translation<br />

In the event of any discrepancy between the Dutch version of these conditions and any translation thereof, the Dutch text shall be binding.

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