Protect terms and conditions
Definitions: For the avoidance of doubt any reference in these Terms and Conditions to:
“DSV” shall mean the contracting DSV entity which performs the Services to the Customer as requested in any given order.
“The Customer” shall mean the contracting party to whom DSV provides service under this agreement.
“Services” shall mean DSV Protect Service and Transport Services provided in accordance with DSV’s Standard Terms and Conditions, which generally limit liability in accordance with applicable conventions.
“Goods” shall mean any item handled by DSV during provision of Transport Services for the customer or on behalf of the customer.
DSV Protect Service:
DSV will indemnify the customer for physical damage to / or loss of the goods, whilst in the care, custody or control of DSV.
The maximum amount that DSV will indemnify will be in accordance with the DSV Protect Service for the specific country and mode of transport, to where the service is booked and where DSV Protect Service is offered. The compensation limits are the maximum amount that can be indemnified per shipment, and any claimed original freight charges in addition to the claimed value of the goods cannot exceed the limit.
The DSV Protect Service is an optional add-on service and does not in itself create or imply any rights to claim liability beyond what is stipulated in DSV’s Standard Terms and Conditions. In no event shall any indemnity under the DSV Protect Service be construed as an admission of liability by DSV.
DSV Protect Service Exclusions:
In no event shall below exclusions be indemnified by DSV.
- Loss, damage or expense attributable to your wilful misconduct.
- Ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the cargo.
- Loss, damage or expense caused by:
- insufficiency or unsuitability of packing or preparation of the cargo to withstand the ordinary incidents of the transit.
- inherent vice or nature of the cargo.
- delay.
- insolvency or financial default of carrier and the owners, managers, charterers, or operators of the vessel.
- war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power.
- capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat.
- derelict mines, torpedoes, bombs or other derelict weapons of war.
- any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether legally constituted.
- any person acting from a political, ideological, or religious motive.
- Loss, damage or expense resulting from strikes, lockouts, labour disturbances, riots or civil commotions.
- Loss, damage or expense directly or indirectly caused by or arising from:
- the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
- any chemical, biological, bio-chemical, or electromagnetic weapon.
- the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus or process or any other electronic system.
- Any loss, damage or expense resulting from temperature variation.
- Loss, damage or expense arising from:
- unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the cargo, where you are privy to such unseaworthiness or unfitness, at the time the cargo is loaded.
- unfitness of container or conveyance for the safe carriage of the cargo, where you are privy to such unfitness at the time of loading.
- errors and omissions by DSV.
- Any loss, damage or expense resulting from General average or Salvage charges.
- Other pure financial loss or expense.
This Service does not include the reimbursement of forwarding charges and other costs for goods discharged by the carrier at a port of distress.
Excluded Countries:
This Service is not available for shipments to/from Afghanistan, Ukraine (including the non-Ukrainian Government controlled regions of Ukraine: Regions of Crimea including Sevastopol, Donetsk, Luhansk, Zaporizhzhia and Kherson), Belarus, Cuba, Iran, Myanmar, North Korea, Russian Federation, Syria, Venezuela.
Sanction Exclusion:
The Customer is not protected against any claim to the extent that the provision of such protection would expose DSV to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America, or any other country or international body imposing trade or economic sanctions.
Duties of the customer:
- Notice of claim must be given to DSV with no undue delay.
- Upon delivery, any visible damage and / or loss must be noted in writing on the delivery document i.e. POD (Consignment note, Bill of lading, Airwaybill, CMR document or the like).
- Visible damage and loss - Must be reported immediately, and no than 5 days (excluding Saturdays, Sundays and Public Holidays) after delivery.
- Non-visible damage and loss – Must be reported immediately, and no later than 7 days (excluding Saturdays, Sundays and Public Holidays) after delivery.
- In case of late reporting the claim will be rejected, and it will be the obligation of the Customer to prove that damage happened while cargo was in DSV’s custody.
Law and Jurisdiction:
Any dispute regarding DSV Protect Service is subject to Danish Law and subject to jurisdiction in Copenhagen, Denmark.
Version: 2.4, 16 January 2025