Terms, Conditions & Insurance Liability
July 18 2016

Cargo 3 Ivs
Axel Heides Gade 2, 2300 Copenhagen S
CVR: 37074470

1. Generally on Cargo3 IVS terms for transport customers

1.01. This document contains the terms and conditions of Cargo3 IVS for its transport customers.

1.02. These Customer Terms apply in addition to any other terms and conditions of Cargo3 which also apply to its transport customers, including Cargo3's privacy policy which is stated in the document with the title "Cargo3 IVS Privacy Policy" and Cargo3's cookies policy which is stated in the document with the title "Cargo3 IVS Cookies Policy".

1.03. These Customer Terms and Cargo3's privacy policy and its cookies policy are available on Cargo3's websites, see clause 3.01.

1.04. Cargo3 may amend these Customer Terms at any time with or without prior notice.

2. Generally on application of these Customer Terms

2.01. By visiting or using any of Cargo3's websites or online or mobile applications or the Cargo3 System, as defined in clause 41.01(d) below, you accept and consent to these Customer Terms.

2.02. If you do not accept and consent to these Customer Terms, please do not visit or use any of our websites or online or mobile applications or the Cargo3 System.

2.03. Please also see clause 42 below which contains further terms regarding the scope of application of these Customer Terms.

3. Cargo3 System and Cargo3's transport services

3.01. Cargo3 operates and manages the following websites:
  • - www.findacargo.com
  • - www.nemlevering.dk

3.02. Cargo3 also operates and manages the "Cargo3 System", as defined in clause 41.01(d) below, which is Cargo3's electronic information, communication and registration system for its transport and related services and its related mobile and online applications, websites, other online products and services and other means of communication.

3.03. Cargo3 makes transport agreements with Transport Providers (carriers) which provide transport of goods to Cargo3 which in turn provides the transport to Cargo3's Transport Customers.

4. User Account

4.01. A User shall be and remain registered as a User with a User Account in the Cargo3 System in order to use the functions of the Cargo3 System and to make a Transport Customer Agreement and be a Transport Customer.

4.02. A User shall register the required information for a User Account in the Cargo3 System and keep the said information accurate, complete and current at any time.

4.03. When a User's registration for a User Account is completed, the User is assigned an individual User Account, an individual account number and an individual account password. A User will not be assigned an individual User Account if the User does not meet the registration requirements or other applicable requirements.

4.04. The User may terminate its User Account at any time. If a transport is in progress, any such termination only becomes effective after Cargo3 has delivered the goods, as defined in clause 41.01(h), or has disposed of the goods in any other manner in accordance with the Transport Customer Agreement, and the said User has fulfilled all of its obligations in relation thereto and under the Transport Customer Agreement and these Customer Terms.

4.05. A User's registration as a User with a User Account in the Cargo3 System shall be and remain in accordance with these Customer Terms and any other applicable terms and conditions.

4.06. Cargo3 may assess the registered information in a User Account for any purpose.

4.07. Cargo3 may suspend or terminate a User Account or the User's ability to use the User Account or the functions of the User Account if the registered information in the User Account does not meet the registration requirements, or if the User does not meet any applicable requirements.

5. Request for transport of goods and conclusion of Transport Customer Agreement

5.01. In the Cargo3 System, the User may make a request for a transport of goods to be provided by Cargo3 as transport provider (carrier).

5.02. When the User makes a request for a transport of goods, the User shall register the information stated in clause 7.01 in the Cargo3 System to the extent this is relevant in relation to the transport, the Transport Customer Agreement or any Transport Document. The User may also register the information stated in clause 7.02 in the Cargo3 System to the extent this is relevant in relation to the transport, the Transport Customer Agreement or any Transport Document.

5.03. The User shall be responsible for ensuring that the information registered in the Cargo3 System in relation to any request for transport, any transport, any Transport Customer Agreement or any Transport Document is accurate, complete and current.

5.04. If the User does not register any requirement regarding means of transport or mode or modes of transport in the Cargo3 System, Cargo3 and any Transport Provider may perform the transport by use of any appropriate means of transport, including any appropriate combinations thereof, and by any appropriate means or mode or modes of transport, including any appropriate combinations thereof, (that is as any appropriate unimodal or multimodal transport).

5.05. When the User makes a request for a transport of goods, a Transport Provider which may be able to perform the transport is notified of the requested transport by Cargo3. The Transport Provider may then accept to perform the transport. If a Transport Provider does not accept a request for a transport, another Transport Provider which may be able to perform the transport is notified of the requested transport by Cargo3. The notification process is repeated more times if this is relevant.

5.06. When a Transport Provider accepts to perform a requested transport, a Transport Customer Agreement between the User and Cargo3 is concluded. Under the Transport Customer Agreement, the User is the Transport Customer, and Cargo3 is the transport provider (carrier).

5.07. When the User makes a request for a transport of goods, Cargo3 may accept to perform the transport itself. When Cargo3 accepts to perform a requested transport itself, a Transport Customer Agreement between Cargo3 and the User is then concluded. Under the Transport Customer Agreement, the User is the Transport Customer and Cargo3 is the transport provider (carrier).

6. Exclusions and limitations regarding transport of certain goods

6.01. Cargo3 does not provide transport of the following goods, and a Transport Customer may not make any request or agreement on transport of the following goods or deliver the following goods for transport:
  • (a) Explosives, fireworks, inflammable chemicals or other dangerous chemicals.
  • (b) Narcotics or other drugs.
  • (c) Weapons or ammunition.
  • (d) Gas or air under pressure, butane, methane, propane, other fluent gasses or petrochemicals.
  • (e) Goods prohibited by applicable law.
  • (f) Other goods of dangerous or damaging nature.
  • (g) Any piece of jewellery or watch (except costume jewellery and costume watches).
  • (h) Goods of unusual or extraordinary high value, for example works of art, antiques, gemstones, precious stones, stamps, unique items, gold or silver.
  • (i) Money or negotiable instruments, for example cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities.

6.02. If the User makes a request or an agreement for transport of any of the goods stated in clauses 6.01(a)-6.01(i) or delivers any such goods for transport, Cargo3 may suspend or terminate the User's User Account with immediate effect and without prior notice and may also exclude the User from accessing and using the Cargo3 System. Please also see the terms on cancellation, termination or suspension of a Transport Customer Agreement or a transport in clause 14.

6.03. Cargo3 is not obliged to provide or perform a requested or agreed transport if performance of the said transport requires the taking of particular precautions or particular security or other measures. Cargo3 will notify the User of any decision in relation thereto as soon as possible through the Cargo3 System.

7. Registration of information on Transport Customer Agreement and transport

7.01. The Transport Customer shall register the following information in the Cargo3 System or provide it in any other manner to Cargo3 to the extent this is relevant in relation to the transport, the Transport Customer Agreement or any Transport Document (some of the information may not be relevant in relation to some transports, in particular national transports within one state (country)):
  • (a) The place, date and time for Cargo3's receipt of the goods for transport.
  • (b) The place, date and time for the delivery of the goods.
  • (c) The Consignor's full name and address and contact information, including its mobile phone number and any telephone number and email address (if the Consignor is not the Transport Customer).
  • (d) The Consignee's full name and address and contact information, including its mobile phone number and any telephone number and email address (if the Consignee is not the Transport Customer).
  • (e) A description of the nature (type) of the goods and the method of packing.
  • (f) The number of packages and their special marks and numbers.
  • (g) The gross weight of the goods or their quantity otherwise expressed.
  • (h) Any requirements regarding the means of transport (if the Transport Customer has any such requirements).
  • (i) Any requirements regarding the mode(s) of transport (if the Transport Customer has any such requirements).
  • (j) Any requirements regarding Cargo3's performance of the loading of the goods at the place and time Cargo3 is to receive the goods for transport from the Consignor or the unlading of the goods at the place and time Cargo3 is to deliver the goods to the Consignee (if the Transport Customer has any such requirements). Cargo3 shall not perform the said loading or unloading of the goods unless the Transport Customer has registered a requirement for that in the Cargo3 System. See also clause 13.03.
  • (k) Any other requirements regarding the transport of the goods or treatment of the goods during the transport, including any other requirements in relation to the manner of performance of the transport, the temperature of the goods or security measures, (if the Transport Customer has any such requirements).
  • (l) Any requirements regarding the time of delivery of the goods to the Consignee (if the Transport Customer has any such requirements).
  • (m)That a Transport Document is to be issued by Cargo3 to the Transport Customer if any Transport Document is to be issued. See clause 8.
  • (n) The requisite instructions for customs and other formalities.

7.02. The Transport Customer may also register the following information in the Cargo3 System or provide it in any other manner to Cargo3 to the extent this is relevant in relation to the transport, the Transport Customer Agreement or any Transport Document (some of the information may not be relevant in relation to some transports, in particular national transports within one state (country))::
  • (a) A statement that unloading and reloading or transhipment is not allowed.
  • (b) A declaration of special interest in delivery of the goods with a declared amount of the interest. The Transport Customer may do so if it requires compensation for loss or depreciation of or damage to the goods or delay in delivery of the goods up to an amount equal to the declared amount of the interest to the extent the Transport Customer has suffered loss due to the loss or depreciation of or damage to the goods or delay in delivery of the goods. See also clause 22.
  • (c) A statement that the Transport Customer requires insurance of the value of the goods (cargo insurance) if the Transport Customer would like to buy such insurance from a third party cargo insurance provider through Cargo3. In this regard, Cargo3 shall act as an agent for the Transport Customer and not as cargo insurance provider. The coverage and the insurance terms thereon will be as stated in the terms of the third party cargo insurance provider. The Cargo3 System contains information on the said third party cargo insurance provider and its terms and/or one or more links to more specific information thereon and in relation thereto.
  • (d) A list of any documents provided by the Transport Customer to Cargo3 as transport provider (carrier).

8. Issuance of a Transport Document

8.01. Where the Transport Customer requires that a Transport Document of a specific type is to be issued by Cargo3, the Transport Customer shall register the requirement in the Cargo3 System or inform Cargo3 of the requirement in another manner.

8.02. The Transport Customer may require that the Transport Document shall be issued as a non-negotiable transport document of any type, for example a CMR consignment note for road transport, a CIM consignment note for rail transport, an air waybill, a sea waybill or a multimodal transport waybill. The Transport Customer may not require that the Transport Document shall be issued as a negotiable transport document, for example a bill of lading for sea transport or a bill of lading for multimodal transport.

8.03. A Transport Document shall be issued by Cargo3 to the Transport Customer and state that the Consignor is the consignor, the Consignee is the consignee and Cargo3 is the issuing transport provider (carrier).

8.04. Where the Transport Customer has registered the said requirement or informed Cargo3 of the said requirement, Cargo3 shall issue a Transport Document of the specific type to the Transport Customer. The Transport Document shall contain the information provided by the Transport Customer and other information which is required by applicable law or customary.

8.05. Where it is required by applicable law or customary that the transport customer sign the Transport Document, the Transport Customer shall sign the Transport Document before Cargo3 shall sign the Transport Document. Cargo3 shall sign the Transport Document as agent for the Transport Customer if the Transport Customer requires that.

8.06. Cargo3 shall sign the Transport Document and issue it in the number and types of copies which are required by applicable law or customary and deliver to the Transport Customer the number and types of copies which are required by applicable law or customary.

8.07. Cargo3 confirms the following by its issuance of the Transport Document:
  • (a) The Transport Customer Agreement between Cargo3 and the Transport Customer
  • (b) That Cargo3 has received the goods for transport.
  • (c) That Cargo3 will perform the transport of the goods and deliver the goods in accordance with the Transport Customer Agreement.

8.08. Cargo3 shall send a copy of the issued Transport Document by email to the Transport Customer.

8.09. If the Transport Customer does not sign the Transport Document pursuant to clause 1.01 or signs it with delay, and Cargo3 therefore does not issue the Transport Document or issues it with delay, Cargo3 shall not be liable in any manner for any loss or damage suffered by the Transport Customer, the Consignor, the Consignee or any other party due to the non-issuance or delayed issuance of the Transport Document.

9. Transport Customer's obligations and warranties in relation to ownership, transportability, packing and particulars of goods and provisions of information and instructions etc.

9.01. The Transport Customer warrants that it is the Owner of the goods or the authorised agent of the Owner of the goods and that the Transport Customer is authorised to accept and accepts these Customer Terms and the terms of the Transport Customer Agreement and any Transport Document for itself and also as agent for and behalf of the Owner of the goods.

9.02. The Transport Customer warrants that the goods are fit, suitable, safe and ready for transport and are properly packed, sealed, labelled, classified and made ready for transport in any manner.

9.03. The Transport Customer warrants that the goods may and can be transported in any manner and by use of any means and mode or modes of transport, unless otherwise stated by the Transport Customer in its registration of information regarding the goods and the transport in the Cargo3 System.

9.04. The Transport Customer warrants that the particulars and descriptions of the goods are complete and correct at the time when Cargo3 receives the goods for transport. This warrant includes particulars and descriptions in relation to the nature (type) of the goods, their marks, number, weight and quantity as registered by the Transport Customer in the Cargo3 System or otherwise provided by the Transport Customer to Cargo3 or a Transport Provider for registration in the Cargo3 System or insertion in a Transport Document.

9.05. The Transport Customer warrants that Cargo3 may and can receive the goods for transport from the Consignor and deliver the goods to the Consignee as agreed under the Transport Customer Agreement, registered in the Cargo3 System and stated in any Transport Document.

9.06. The Transport Customer warrants that the Transport Customer, the Consignor, the Consignee and any person and party acting for or on behalf of any of them provide complete, correct, sufficient, timely, executable and lawful information and instructions to Cargo3 and any Transport Provider regarding any matter in relation to the Transport Customer Agreement, any Transport Document, the goods and the transport.

9.07. The Transport Customer shall indemnify Cargo3 and any Transport Provider and hold them harmless against any cost, expense, loss and damage resulting from any non-performance or breach of any obligation or warranty under clauses 9.01-9.06. The Transport Customer shall remain liable in this manner even if any other party has the right to dispose of the goods.

10. Right to dispose of goods and delivery of goods

10.01. Cargo3 shall be discharged from the obligation to deliver the goods when Cargo3 delivers the goods to the Consignee named in the Transport Document or to any other party to which Cargo3 may be duly instructed to deliver the goods.

10.02. The Transport Customer shall have the right to dispose of the goods, in particular by instructing Cargo3 to stop the goods in transit or to change the place of delivery or to deliver the goods to a Consignee other than the Consignee registered in the Cargo3 System or named in the Transport Document.

10.03 The right of the Transport Customer to dispose of the goods shall cease to exist when the Consignee exercises the right under clause 10.07 to claim delivery of the goods at the place of delivery or to enforce rights arising under the Transport Customer Agreement. From that time onwards, the Consignee shall have the right to dispose of the goods.

10.04. Notwithstanding clause 10.03, the Consignee shall have the right to dispose of the goods from the time when the Transport Customer Agreement is made (concluded) if the Transport Customer at that time has made a registration to that effect in the Cargo3 System or informed Cargo3 of that by sending an email message to Cargo3 or, if that is not possible, by providing the instructions in writing to Cargo3.

10.05 The exercise of the right of disposal shall generally be subject to the following conditions:
  • (a) The Transport Customer or, under the circumstances referred to in clause 10.04, the Consignee which exercises the right of disposal, shall give Cargo3 the new instructions with reasonable notice by sending an email message to Cargo3 or, if that is not possible, by providing the instructions in writing to Cargo3. The Transport Customer or, under the circumstances referred to in clause 10.04, the Consignee thereby undertakes to indemnify Cargo3 against any additional cost and expense caused thereby.
  • (b) The carrying out of such instructions must be possible at the time when the instructions reach the party which is to carry them out and must not interfere with the normal working of the undertaking of Cargo3 or any Transport Provider or prejudice the rights or interests of any other transport customer, consignor or consignee of any other consignment.
  • (c) The instructions must not result in a division of the consignment (the goods).
  • (d)The Transport Customer or, under the circumstances referred to in clause 10.04, the Consignee which exercises the right of disposal, shall present one or more specific copies of the Transport Document to Cargo3 if this is required under applicable law or custom.

10.06. If Cargo3 does not carry out instructions given under the conditions set out in clauses 10.02-10.05, or if Cargo3 carries out instructions without having received the instructions in the manner stated in clause 10.05 from the person entitled to exercise the right of disposal, Cargo3 shall be liable to the party entitled to make a claim pursuant to clause 24. However, Cargo3's liability shall be subject to and limited by the terms of clauses 24 and 25.

10.07. The Consignee shall be entitled to instruct Cargo3 to deliver the goods to the Consignee when the goods have arrived at the place of delivery. If any loss of or damage to the goods is established or if any of the goods is delivered with delay, see clause 18, the Consignee shall be entitled to enforce in its own name the right arising under the Transport Customer Agreement against Cargo3.

11. Parties entitled to enforce rights under Transport Customer Agreement

11.01. Subject to clause 11.02, the following parties are entitled to enforce in their own name their own rights arising under the Transport Customer Agreement and a Transport Document against Cargo3:
  • (a) The Transport Customer.
  • (b) The Consignor.
  • (c) The Consignee, including any party which is entitled to receive the goods from Cargo3 under the Transport Customer Agreement, a Transport Document (if a Transport Document has been issued) or an instruction given by the party which is entitled to dispose of the goods under clause 10.

11.02. If two or more parties are entitled to enforce in their own name any right arising under or in relation to the Transport Customer Agreement or a Transport Document against Cargo3 under clause 11.01 and they would like to enforce the same right or competing or conflicting rights, only the party which is entitled to dispose of the goods shall be entitled to enforce any of the said rights against Cargo3.

11.03. The terms of these Customer Terms, the Transport Customer Agreement and a Transport Document on the Transport Customer shall also apply, with any necessary adaptations being made, to the Consignor and the Consignee with respect to their obligations and rights.

12. Transport Customers obligations in relation to Cargo3's receipt of goods and delivery of goods

12.01. The Transport Customer shall ensure that Cargo3 may and can receive the goods for transport from the Consignor and deliver the goods to the Consignee as agreed under the Transport Customer Agreement, registered in the Cargo3 System and stated in any Transport Document.

13. Performance of Transport Customer Agreement and transport etc.

13.01. Cargo3 may perform a Transport Customer Agreement and its obligations under and in relation to the agreement in any reasonable manner and by use of any reasonable means and methods.

13.02. Cargo3 may perform a transport and any other service in any reasonable manner and by use of any reasonable means, methods and routes, including by any reasonable means of transport and mode or modes of transport or combinations thereof.

13.03. The Transport Customer shall perform or ensure the performance of the loading of the goods at the place and time Cargo3 is to receive the goods for transport from the Consignor and the unlading of the goods at the place and time Cargo3 is to deliver the goods to the Consignee. Cargo3 shall not perform the said loading or unloading of the goods unless the Transport Customer has registered in the Cargo3 System or informed Cargo3 in another manner that the Transport Customer requires Cargo3 to perform the said loading or unloading of the goods. See clauses 7.01(j) and 13.05.

13.04. Cargo3 shall only ensure that the goods to be transported are received for transport from the Consignor, transported (carried) and delivered to the Consignee within a reasonable time (without any undertaking or warranty regarding the time of performance of these or other acts or functions in relation to the transport).

13.05. Clauses 13.01-13.04 do not apply to the extent the following conditions are met: (1) the Transport Customer has registered in the Cargo3 System or informed Cargo3 in another manner that the Transport Customer has any specific requirements regarding the means of transport, the mode or modes of transport, the loading or unloading of the goods, the transport of the goods, the treatment of the goods during the transport, or the time of delivery of the goods to the Consignee. (2) Cargo3 has registered in the Cargo3 System or informed the Transport Customer in another manner that Cargo3 accepts to meet the said specific requirements. See clauses 5.04 and 7.01(h)-7.01(l).

13.06. A Transport Customer may perform a Transport Customer Agreement and its obligations under and in relation to the agreement in any reasonable manner and by use of any reasonable means and methods.

13.07 Cargo3 and the Transport Customer recognise the importance of and shall provide each other with information necessary for the performance or fulfilment of the Transport Customer Agreement.

13.08. Cargo3 undertakes to perform its services and receive, transport, handle and deliver the goods in accordance with the Transport Customer Agreement and these Customer Terms and in a reasonable manner for the Transport Customer.

13.09. If it becomes necessary for Cargo3 to act before seeking instructions in the performance of the Transport Customer Agreement, Cargo3 does so at the Transport Customer’s risk and for its account.

13.10. If a risk of loss or depreciation of or damage to goods already received by Cargo3 arises or increases, or if there is a danger to persons, property or the environment due to the nature of the goods, and the Transport Customer cannot be reached or does not, at the request of Cargo3, remove the goods, then Cargo3 may take any appropriate measure in respect of the goods and, if necessary, sell the goods in an appropriate manner. Cargo3 may, depending on the circumstances and without notice, sell on behalf of the Transport Customer, render harmless or destroy goods which are in danger of becoming worthless or extensively depreciated, or which give rise to imminent danger. After deduction of reasonable expenses connected with the sale, the sum received from the sale shall be immediately reported by Cargo3 to the customer. Cargo3 shall notify the Transport Customer as soon as possible of any measure taken. Cargo3 shall supply evidence of costs and expenses incurred in connection therewith, at the request of the Transport Customer. The Transport Customer shall reimburse such incurred costs and expenses, at the request of Cargo3.

14. Cancellation, termination or suspension of Transport Customer Agreement or transport

14.01. Cargo3 may without any liability immediately cancel a Transport Customer Agreement if the agreement comprises any goods which Cargo3 does not provide transport of under clause 6.01.

14.02. Cargo3 may without any liability terminate or suspend a transport and the performance of the Transport Customer Agreement in any of the following circumstances:
  • (a) If the Consignor does not hand over, surrender or deliver the goods for transport to Cargo3 or a Transport Provider.
  • (b) If the Consignee does not take over, accept or receive the goods from Cargo3 or a Transport Provider.
  • (c) If Cargo3 or a Transport Provider is unable to deliver the goods to the Consignee due to an incorrect or incomplete address of the Consignee, provided Cargo3 has used reasonable measures and means to obtain the correct and complete address of the Consignee.
  • (d) If the correct address of the Consignee is in another state (country) than stated by the Transport Customer, registered in the Cargo3 System or stated in a Transport Document.

14.03. If Cargo3 may cancel, terminate or suspend a Transport Customer Agreement, a transport or a part thereof, Cargo3 may also return the goods to the Consignor or the Transport Customer. Cargo3 may also instead at any place hand over and entrust the goods to a third party which shall keep and hold the goods for and on behalf of the Transport Customer and at its sole risk and cost. Cargo3 shall then have no obligation or liability for or in relation to the goods except for the exercise of reasonable care in the selection of the third party.

14.04. If Cargo3 is unable to obtain the Transport Customer's instructions on its disposition of the goods or the performance of the transport or to identify the Consignee within a reasonable time, Cargo3 may without any liability do as stated in clause 14.03 or sell the goods or any relevant part thereof. Cargo3 and a Transport Provider may at any time and place open and inspect, or scan by use of X-ray or any other means, any goods received for transport or to be received for transport.

15. Freight and other amount to be paid by Transport Customer to Cargo3

15.01. The Transport Customer shall pay any freight, as defined in clause 41.01(j), and other amount to be paid by the Transport Customer to Cargo3 under the Transport Customer Agreement, a Transport Document or these Customer Terms at the demand of Cargo3, including any payment demand made in the Cargo3 System or by any invoice from Cargo3 to the Transport Customer. This does not apply if otherwise stated in the Transport Customer Agreement.

15.02. Freight and any other amount to be paid by the Transport Customer to Cargo3 for or in relation to the transport of the goods under the Transport Customer Agreement or a Transport Document shall be deemed fully and finally earned and due when the goods have been received by Cargo3 or a Transport Provider for transport and shall be paid and non-returnable in any event, irrespective of whether the goods are or are not lost or damaged.

15.03. Any amount due shall be paid by the Transport Customer to Cargo3 without any discount, deduction, set-off, lien, claim or counter-claim being made or exercised.

15.04. The Transport Customer shall pay interest to Cargo3 for any amount due from the due date until the overdue amount is paid. Interest shall be earned each day the overdue amount is not paid and at an interest rate of 2% per month of the overdue amount. Interest shall be paid at the demand of Cargo3.

16. Network clause - application of the law and common terms for any particular means or mode of transport

16.01. If a certain mode of transport has been expressly agreed, or if it is proved that loss or depreciation of or damage to goods or delay has occurred when the goods were being transported (carried) by a particular means of transport, Cargo3 shall be liable in accordance with the law applicable to such mode or means of transport and commonly used terms and conditions of transport (carriage) for transport by such mode or means of transport, to the extent that they are different from the liability terms of these Customer Terms.

17. Cargo3's period of responsibility, responsibility for others and performance of transport

17.01. The responsibility of Cargo3 for the goods under the Transport Customer Agreement and these Customer Terms comprises the period from the time Cargo3 receives the goods for transport from the Transport Customer or a Consignor to the time Cargo3 delivers the goods to the Transport Customer or a Consignee.

17.02. Cargo3 shall be responsible for the acts and omissions of Cargo3's employees, agents and subcontractors as if they were the acts and omissions of Cargo3 itself.

17.03. Cargo3 undertakes to perform or procure the performance of all acts necessary to ensure the proper performance of the Transport Customer Agreement, including the completion of the transport and the delivery of the goods to the Consignee.

18. Delay in receipt, transport or delivery of goods

18.01. Cago3 shall not be liable for any delay in Cargo3's receipt of the goods for transport or in Cargo3's transport (carriage) of the goods. This applies irrespective of the cause of the delay.

18.02. Delay in delivery of the goods to the Consignee occurs when the goods have not been delivered within any time expressly agreed or, in the absence of any such agreement, within the time in which it would be reasonable to require delivery from a diligent transport provider (carrier), having regard to all the circumstances of the case. A time for delivery has not been agreed unless (1) the Transport Customer in the Cargo3 System has registered its requirement that Cargo3 delivers the goods to the Consignee within a specific time, and (2) Cargo3 in the Cargo3 System has registered its acceptance to meet this requirement. See clauses 7.01(l), 13.04 and 13.05.

18.03. Cargo3 shall not be liable for any delay in delivery of the goods to the Consignee which does not exceed 24 hours. This applies irrespective of the cause of the delay in delivery.

18.04. If Cargo3 has not delivered the goods to the Consignee or the Transport Customer within 60 days after the day when the goods should have been delivered, then the Transport Customer has the same right to compensation as the Transport Customer would have where the goods had been lost.

19. Cargo3's liability for loss or depreciation of or damage to goods or delay in delivery of goods

19.01. Cargo3 shall be liable for loss resulting from loss or depreciation of or damage to the goods or delay in delivery of the goods if the event which caused the loss, depreciation, damage or delay occurred in the period from the time Cargo3 received the goods for transport from the Consignor to the time Cargo3 delivered the goods to the Consignee or the Transport Customer.

19.02. However, Cargo3 shall not be liable if and to the extent Cargo3 proves that the loss or depreciation of or damage to the goods or delay in delivery of the goods resulted from one or more of the following events:
  • (a) Fault or neglect of the Transport Customer, the Consignor, the Consignee or any of their employees, agents or subcontractors.
  • (b) Handling, loading, stowage, securing or unloading of the goods by the Transport Customer, the Consignor, the Consignee or any of their employees, agents or subcontractors.
  • (c) Inherent defect or vice of the goods or the inherent nature of the goods to be easily damaged, including by breakage, leakage, spontaneous combustion, rotting, rust, fermentation, evaporation or being susceptible to cold, heat or moisture.
  • (d) Lack of or insufficient or defective packing of the goods performed by a party other than Cargo3 and its employees, agents and subcontractors.
  • (e) Faulty or insufficient address or marking of the goods.
  • (f) Faulty or insufficient information about the goods.
  • (g) Use of open transport equipment where this is usual or has been agreed.
  • (h) Money, securities, other valuables or any other goods which Cargo3 does not provide transport of under clause 6.01.
  • (i) An act of war or an armed conflict.
  • (j) An act of public authority carried out in relation to the entry, exit or transit of the goods.
  • (k) Circumstances which Cargo3 could not avoid and the consequences of which Cargo3 was unable to prevent.

19.03. Where an event for which Cargo3 is liable pursuant to clauses 19.01 and 19.02 combines with another event to result in loss, depreciation, damage or delay, Cargo3 shall be relieved of liability to the extent Cargo3 proves that such other event for which Cargo3 is not liable contributed to the loss, depreciation, damage or delay.

20. Compensation for loss or depreciation of or damage to goods

20.01. Compensation for loss or depreciation of or damage to goods shall be calculated on the basis of the value of the goods at the place and time Cargo3 received the goods for transport, if the goods have been received for transport, or otherwise at the place and time Cargo3 should have received the goods for transport under the Transport Customer Agreement.

20.02. The value of the goods shall be determined according to the current commodity exchange price or, if there is no such price, according to the market price or, if there is no commodity exchange price or market price, by reference to the current value of goods of the same kind, nature and quality.

20.03. The invoice value of the goods shall be considered the value of the goods unless it is proved that the value of the goods, as determined under clause 20.02, is different from the invoice value taking into account that the Transport Customer must demonstrate that there is no residual value of the goods.

20.04. Compensation for loss of goods shall be paid with an amount equal to the value of the lost goods, as determined under clauses 20.01-20.03, subject to all limitations of liability and compensation under these Customer Terms and the Transport Customer Agreement, including clauses 20.06-20.08 and 27.

20.05. Compensation for depreciation of or damage to goods shall be paid with an amount equal to the depreciation in the value of the depreciated or damaged goods caused by the depreciation of or damage to the goods, subject to all limitations of liability and compensation under these Customer Terms and the Transport Customer Agreement, including clauses 20.06-20.08 and 27. The depreciation in the value of the depreciated or damaged goods shall be calculated as the percentage of depreciation in the value of the goods applied to the value of the goods without the depreciation in the value as determined under clauses 20.01-20.03. For example, if the value of the goods, without the depreciation in the value as determined under clauses 20.01-20.03, is 100 and the depreciation in the value of the damaged goods is 50%, then the compensation for the damage to the goods shall be 50% of 100, that is 50.

20.06. Cargo3's liability for loss or depreciation of or damage to the goods shall be limited to an amount of 8.33 Special Drawing Rights (SDR), as defined in clause 41.01(w), for each kilogramme of gross weight of the goods lost, depreciated or damaged.

20.07. The currency rate of a Special Drawing Rights (SDR) is generally published each banking day in lists of currency rates published by national banks and other major banks and financial institutions. For example, under the official currency rate applicable on 11 July 2016, the value of 1 SDR was EUR 1.258, GBP 1.070, USD 1.390 and DKK 9.354, and the value of 8.33 SDR was EUR 10.479, GBP 8.913, USD 11.579 and DKK 77.919. The currency rate of SDR may change every day and, accordingly, may be and probably is difference from those mentioned in this example.

20.08 In case of loss or depreciation of or damage to part of the goods, or an object contained therein, the weight to be taken into consideration in determining the amount to which Cargo3's liability shall be limited shall only be the total weight of the goods or object concerned. If loss or depreciation of or damage to a part of the goods, or an object contained therein, affects the value of other goods comprised by the same Transport Customer Agreement, the total weight of such goods shall also be taken into consideration in determining the limit of liability.

21. Compensation for delay in delivery of goods

21.01. Compensation for delay in delivery of the goods to the Consignee shall be paid with an amount equal to the loss caused by the delayed delivery, subject to all limitations of liability and compensation under these Customer Terms and the Transport Customer Agreement, including clauses 21.02 and 27.

21.02. Cargo3's liability for delay in delivery of the goods shall be limited to an amount equal to the total freight amount under the Transport Customer Agreement.

22. Compensation in case of declared special interest in delivery of goods

22.01. In the Cargo3 System, the Transport Customer may register a declaration of special interest in delivery of the goods with a declared amount of the interest. See clause 7.02(b). The Transport Customer may do so if it requires compensation for loss or depreciation of or damage to the goods or delay in delivery of the goods up to an amount equal to the declared amount of the interest to the extent the Transport Customer has suffered loss due to the loss or depreciation of or damage to the goods or delay in delivery of the goods.

22.02. Where the Transport Customer makes a declaration of special interest in delivery of the goods, the Transport Customer shall pay any additional freight and any other amount to be paid therefore under these Customer Terms, the Transport Customer Agreement and any information on such additional freight and other amount provided in or through the Cargo3 System or otherwise by Cargo3 to the Transport Customer. Additional freight and other amounts shall be paid at the demand of Cargo3.

22.03. A declaration of special interest in delivery of the goods shall be without any legal or other effect in any manner unless (1) the Transport Customer has paid the additional freight and other amount to Cargo3, see clause 22.02, and (2) the declaration has been accepted by Cargo3 by a registration in the Cargo3 System or a message sent through the Cargo3 System to the Transport Customer.

22.04. Notwithstanding a declaration of special interest in delivery of the goods, Cargo3 shall only be liable to pay compensation for loss or depreciation of or damage to goods or delay in delivery of goods if and to the extent Cargo3 is liable under these Customer Terms, the Transport Customer Agreement and any Transport Document.

22.05. Subject to the conditions under clauses 22.01-22.04 being met, Cargo3 shall be liable to paid compensation for loss or depreciation of or damage to the goods or delay in delivery of the goods, in excess of the limits of liability under clauses 20.06-20.08 and 21.02, up to an amount equal to the declared amount of the special interest in delivery to the extent the Transport Customer has suffered loss due to the loss or depreciation of or damage to the goods or delay in delivery of the goods.

23. Disclaimers regarding Cargo3 System etc.

23.01. No representations or warranties, neither expressed nor implied, of merchantable quality, of fitness for a particular purpose or use or of any other nature whatsoever are made by Cargo3 with respect to the Cargo3 System, including any information, text, material, graphic, audio, video and data provided through or in relation to the Cargo3 System.

23.02. Cargo3 shall have no responsibility or liability for whether access to or use of the Cargo3 System or any content of the Cargo3 System, including any information, text, material, graphic, audio, video and data, is available, uninterrupted or error free or whether the said Cargo3 System or any content of the Cargo3 is free of infection by "viruses", "worms", "Trojan horses" or other contaminating or destructive properties. It shall be the User's sole responsibility to check the Cargo3 System and any content of the Cargo3 System before any further use.

23.03. Cargo3 shall have no responsibility or liability for the completeness, accuracy or currency of the Cargo3 System or any content of the Cargo3 System, including any information, text, material, graphic, audio, video and data.

24. Cargo3's liability for other non-performance or breach

24.01. The terms on Cargo3's liability for loss or depreciation of or damage to goods or delay in delivery of goods, including the terms on basis and exclusion of liability, limitation of liability and termination of liability, in these Customer Terms shall also apply, with any necessary adaptations being made, to Cargo3's liability for any other non-performance or breach of any of Cargo3's obligations under or in relation to these Transport Customer Terms, a Transport Customer Agreement, a Transport Document or any other agreement or matter comprised by these Customer Terms.

24.02. Subject to any other applicable terms of these Customer Terms, including clause 18.01, such other liability shall include any liability for or in relation to delay in receiving the goods for transport, delay in performing the transport, communication and registration of information regarding a transport and the Transport Customer Agreement in the Cargo3 System, issuance and contents of a Transport Document, performance of functions regarding a Transport Document or the Transport Customer's exercise of any right, the Transport Customer's dispositions regarding the goods and the delivery of the goods, change of Consignor or Consignee and delivery of the goods to the Transport Customer, the Consignor, the Consignee or any other party.

Cargo3's liability for any such other non-performance or breach of any of Cargo3's obligations shall be limited under clause 25.

25. Compensation for other loss for which Cargo3 is liable

25.01. Cargo3's liability for all other loss, than loss due to loss or depreciation of or damage to goods or delay in delivery of goods, under these Customer Terms, a Transport Customer Agreement or any other agreement shall be limited to a total amount of 100,000 Special Drawing Rights (SDR) for all loss and all claims based on or relating to the Transport Customer Agreement or other agreement or matter concerned.

25.02. The currency rate of a Special Drawing Rights (SDR) is generally published each banking day in lists of currency rates published by national banks and other major banks and financial institutions. For example, under the official currency rate applicable on 11 July 2016, the value of 1 SDR was EUR 1.258, GBP 1.070, USD 1.390 and DKK 9.354, and the value of 100,000 SDR was approximately EUR 125,800, GBP 107,000, USD 139,000 and DKK 935,400. The currency rate of SDR may change every day and, accordingly, may be and probably is difference from those mentioned in this example.

26. Currency conversion with respect to compensation

26.01. Where the amounts on which the calculation of compensation is based are not expressed in the currency of the state (country) in which payment is claimed, currency conversion shall be made at the rate of exchange applicable at the day and place of payment of compensation.

26.02. Clause 26.01 also applies, with any necessary adaptations being made, to conversion of a limitation amount expressed in Special Drawing Rights (SDR) to the currency of the state (country) in which payment is claimed.

27. Cargo3 is not liable for loss of profit or consequential or indirect loss or damage etc.

27.01. Notwithstanding any other term of these Customer Terms, a Transport Customer Agreement or a Transport Document, Cargo3 shall not in any manner be liable to pay compensation for antique value, sentimental value, other special value, loss of profit, loss of use, loss of production, loss of market or consequential or indirect loss or damage of any kind whatsoever.

28. Loss, damage, delay or non-performance etc. caused wilfully or with gross negligence

28.01. Cargo3 may not invoke the terms of these Customer Terms or a Transport Customer Agreement which exclude or limit Cargo3's liability, or alter the burden of proof, if the Transport Customer proves that Cargo3 itself or its employees wilfully or with gross negligence, or Cargo3’s subcontractor wilfully, have caused the loss or depreciation of or damage to, or delay in delivery of, the goods or the other non-performance or breach which is the basis for the claim or action of the Transport Customer against Cargo3. If Cargo3 cannot prove the exact circumstances which resulted in the loss or depreciation of or damage to, or delay in delivery of, the goods when the goods were in the custody of Cargo3, or the said other non-performance or breach, respectively, then the said loss, depreciation, damage, delay, non-performance or breach shall not in itself be considered as caused wilfully or with gross negligence by Cargo3 or its employees or wilfully by Cargo3’s subcontractors.

28.02. Subject to clause 28.01, Cargo3 may invoke the terms of these Customer Terms and a Transport Customer Agreement which exclude or limit Cargo3's liability, or alter the burden of proof, even if the Transport Customer proves that Cargo3 itself or its employees with lessor negligence than gross negligence, or Cargo3’s subcontractor with gross negligence or lessor negligence, have caused the loss of or damage to, or delay in delivery of, the goods or the other non-performance or breach which is the basis for the claim or action of the Transport Customer against Cargo3.

29. Notice of claim

29.01. The Transport Customer shall give notice of any claim against Cargo3 without undue delay.

29.02. In case of apparent loss or depreciation of or damage to the goods, the Transport Customer shall give notice of the loss or depreciation of or damage to the goods, specifying the general nature of such loss, depreciation or damage, to Cargo3 immediately after Cargo's delivery of the goods to the Consignee.

29.03. In case of non-apparent loss or depreciation of or damage to the goods, the Transport Customer shall give notice of the loss or depreciation of or damage to the goods, specifying the general nature of such loss, depreciation or damage, to Cargo3 no later than seven (7) calendar days after Cargo's delivery of the goods to the Consignee.

29.04. If the Transport Customer does not give notice in accordance with clauses 29.02-29.03, the burden of proving that loss or depreciation of or damage to the goods has occurred while the goods was in the custody of Cargo3 shall rest on the Transport Customer.

29.05. The Transport Customer shall give notice to Cargo3 of a claim concerning any matters other than loss or depreciation of or damage to the goods within fourteen (14) calendar days from the day on which the Transport Customer knew or ought to have known about the circumstances which are the basis for the Transport Customer's claim against Cargo3. If the Transport Customer does not give such notice of a claim to Cargo3, the Transport Customer shall have lost its right to make the claim.

29.06. If a certain mode of transport has been expressly agreed, or if it is proved that loss or depreciation of or damage to goods or delay has occurred when the goods were being transported (carried) by a particular means of transport, the law applicable to such mode or means of transport and commonly used terms and conditions of transport (carriage) for transport by such mode or means of transport shall apply instead, to the extent that they are different from the terms of clauses 29.01-29.05.

29.07. Clauses 29.01-29.06 shall also apply, with any necessary adaptation being made, to any claim from the Consignor, the Consignee or any other party against Cargo3.

30. Time limitation of actions (time-bar) for claims

30.01. The period of limitation (time bar) shall be one (1) year for any action, including any court or arbitration proceedings, regarding any claim from the Transport Customer against Cargo3, including any claim under or relating to these Customer Terms, a Transport Customer Agreement or a Transport Document.

30.02 The right to commence any action, including any court or arbitration proceedings, regarding a claim as stated in clause 30.01 and the said claim shall be lost and extinguished if the Transport Customer has not commenced court or arbitration proceedings regarding the claim against Cargo3 within the period of limitation of one (1) year under clause 30.01.

30.03. The period of limitation under clause 30.01 shall begin to run as follows:
  • (a) In case of depreciation of or damage to goods, from the day when Cargo3 delivered the goods to the Consignee.
  • (b) In case of delay in delivery of goods to the Consignee, loss of a whole consignment of goods or other kind of loss, from the day at which the delay in delivery, total loss or other loss could at the earliest have been noticed by the Transport Customer.
  • (c) In all other cases, from the day at which the cause which is the basis of the Transport Customer's claim against Cargo3 could at the earliest have been noticed by the Transport Customer.

The day at which the period of limitation begins to run shall not be included in the period.

30.04. If a certain mode of transport has been expressly agreed, or if it is proved that loss or depreciation of or damage to goods or delay has occurred when the goods were being transported (carried) by a particular means of transport, the law applicable to such mode or means of transport and commonly used terms and conditions of transport (carriage) for transport by such mode or means of transport shall apply instead, to the extent that they are different from the terms of clauses 30.01-30.03.

30.05. Clauses 30.01-30.04 shall also apply, with any necessary adaptation being made, to any claim from the Consignor, the Consignee or any other party against Cargo3.

31. Transport Provider's liability to Transport Customer, Consignor and Consignee

31.01. The Transport Provider shall also be liable to the Transport Customer, the Consignor and the Consignee for loss of and damage to goods, delay in delivery of goods and any other non-performance and breach of any obligation under the Transport Provider Agreement or the Transport Provider Terms.

31.02. The Transport Provider's liability to the Transport Customer, the Consignor and the Consignee under clause 31.01 shall be joint and several with Cargo3's liability to them under the Transport Customer Agreement and these Customer Terms.

31.03. The Transport Customer, the Consignor and the Consignee shall only be entitled to exercise and pursue their liability claim against Cargo3 under the Transport Customer Agreement and these Customer Terms if they have exercised and pursued their liability claim against the Transport Provider under the Transport Provider Agreement and the Transport Provider Terms and obtained any compensation they can obtain thereby.

32. Application of these Customer Terms to non-contractual claims and claims against Cargo3's employees and subcontractors etc.

32.01. The defences and exclusions and limitations of liability under these Customer Terms, a Transport Customer Agreement and a Transport Document shall apply to any claim against Cargo3 in respect of loss resulting from loss of or damage to goods, delay in delivery of goods or any other loss or damage or any non-performance or breach of any obligation of Cargo3, irrespective of whether any such claim is based on or relates to contract law, tort law or any other legal basis.

32.02. The defences and exclusions and limitations of liability under these Customer Terms, a Transport Customer Agreement and a Transport Document shall also apply to any claim as stated in clause 32.01 which is made against any of Cargo3's employees, agents, subcarriers or subcontractors, irrespective of whether the claim is based on or relates to contract law, tort law or any other legal basis.

32.03. The total (aggregate) liability of Cargo3 and its employees, agents, subcarriers and subcontractors shall not exceed the limits of liability for Cargo3's liability under these Customer Terms, a Transport Customer Agreement and a Transport Document.

33. User's liability and indemnification

33.01. Notwithstanding any other terms of these Customer Terms, the User shall pay compensation to Cargo3 for any loss or damage suffered by Cargo3 due to the User's access to or use of the Cargo3 System to the extent the User is liable to pay compensation under applicable law.

33.02. The User shall indemnify and hold harmless Cargo3 and its employees, agents and subcontractors from any claim, demand, loss, liability, cost or expense arising out of or in relation to the User's non-performance or breach of any obligation under these Customer Terms, a Transport Customer Agreement or a Transport Document.

34. Links to other website or application etc.

34.01.The Cargo3 System may contain links to third party websites and applications, whether by hypertext or other links. These websites and application are not under the control of Cargo3. Cargo3 shall have no responsibility or liability for any information, material or data contained at any such website or application or for any use of or reliance on the information, material or data contained at any such website or application.

35. Confidentiality, security and observance of applicable laws, regulations and terms

35.01. The User shall ensure that its User Account information and related password are kept and treated as confidential and that the confidentiality is maintained at any time. The User may not share any User Account information or the related password with any other person or party.

35.02. The User shall ensure that information regarding terms of business and cooperation between the User and Cargo3 is kept and treated as confidential and that the confidentiality is maintained at any time. The User may not share any such information with any other person or party.

35.03. The User shall be responsible and liable for any act performed with the use of its User Account or the related password.

35.04. The User shall inform Cargo3 immediately if the User has any reason to believe that its password is known to any other person or party, or if the password is being, or is likely to be, used in an unauthorised manner.

35.05. The User may not use the Cargo3 System or any content in it in any manner which causes or is likely to cause the Cargo3 System or any part of it to be interrupted, damaged or impaired in any manner.

35.06. The User may not use the Cargo3 System or any content in it for any criminal or fraudulent purpose or in relation to a criminal offence or other unlawful activity.

35.07. Cargo3 may terminate the User's User Account if the User is in breach of or does not observe or comply with any applicable law or regulation or these Customer Terms. Cargo3 may also claim compensation for any loss or damage caused thereby.

36. Name, logos and devices

36.01. The name, graphics and logos of Cargo3, including those mentioned or depicted in relation to the Cargo3 System, are the sole property of Cargo3 and may not be used or reproduced without the prior written consent of Cargo3.

36.02. Use of the Cargo3 System or any content of the Cargo3 System does not created any right or licence for the User in relation to the Cargo3 System or any content of the Cargo3 System.

37. Amendments of these Customer Terms

37.01. Cargo3 may amend these Customer Terms at any time with or without prior notice. Any such amendment will be incorporated in these Customer Terms and published by a notice on the websites stated in clause 3.01.

37.02. The User's continued access to and use of the Cargo3 System shall be deemed to be the User's acceptance of any amendment.

37.03. The current version of these Customer Terms is available on the websites stated in clause 3.01.

38. Parties must act in accordance with good faith and fair dealing

38.01. Any party comprised by these Customer Terms, including Cargo3, any User, any Transport Customer, any Consignor and any Consignee, must act in accordance with good faith and fair dealing in national and international trade and transport and with the applicable law as stated in clause 39. National trade and transport means trade and transport under the law, practice and customs of the state (country) of the applicable law as stated in clause 39 at any time.

38.02. Any such party must do so in its performance of its obligations and its exercise of its rights under and in relation to these Customer Terms, the Cargo3 System, any Transport Customer Agreement, any Transport Document, any transport and any other transaction, act or matter comprised by these Customer Terms.

39. Applicable law

39.01. These Customer Terms and any Transport Customer Agreement, Transport Document, transport and other transaction, act or matter governed by these Customer Terms shall be subject to and governed by Danish law and international law applicable in Denmark at any time.

40. Dispute settlement by court or arbitration proceedings

40.01. Any dispute arising out of or in relation to any access to or use of the Cargo3 System or any Transport Customer Agreement, Transport Documents, transport or other transaction, act or matter under or governed by these Customer Terms shall be decided in accordance with Danish law and international law applicable in Denmark at any time.

40.02. Any dispute as stated in clause 40.01 shall be brought before and decided by the District Court of Copenhagen if the dispute is between Cargo3 and another party, including a User or a Transport Customer, which is domiciled or has its registered office in Denmark (national dispute). The said court shall have exclusive jurisdiction. A decision by the said court may be appealed according to the rules thereon.

40.03. Any dispute as stated in clause 40.01 shall be brought before and decided by the Maritime and Commercial High Court in Copenhagen, Denmark, if the dispute is between Cargo3 and another party, including a User or a Transport Customer, which is domiciled or has its registered office outside Denmark (international dispute). The said court shall have exclusive jurisdiction. A decision by the said court may be appealed according to the rules thereon.

40.04. Notwithstanding clauses 40.01-40.03, Cargo3 and another party, including a User or a Transport Customer, may make a specific agreement to the effect that any dispute as stated in clause 40.01 shall be decided finally and conclusively by an arbitration tribunal. The arbitration shall be administrated by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by the Danish Institute of Arbitration and in force at the time when the arbitration proceedings are commenced. Subject to that, the arbitration tribunal shall apply the procedural law for arbitration of the applicable law under clause 39 to decide any procedural matter relating to the arbitration proceedings.

41. Definitions and interpretations

41.01. In these Customer Terms, the following terms and expressions shall have the meanings stated below, unless otherwise stated or apparent from the context:
  • (a) "Cargo3" means Cargo3 IVS, a limited liability company registered in Denmark with the registered number 37074470.
  • (b) "Cargo3 IVS Cookies Policy" means Cargo3's cookies policy which is stated in the document with the title "Cargo3 IVS Cookies Policy" and available at our websites.
  • (c) "Cargo3 IVS Privacy Policy" means Cargo3's privacy policy which is stated in the document with the title "Cargo3 IVS Privacy Policy" and available at our websites.
  • (d) "Cargo3 System" means Cargo3's electronic information, communication and registration system for its transport and related services and its related mobile and online applications, websites, other online products and services and other means of communication.
  • (e) "Consignee" means any party which receives or is entitled to receive goods from Cargo3 as carrier as part of a transport under a Transport Customer Agreement. The Consignee may be the Transport Customer or another party which receives or is entitled to receive the goods from Cargo3 under a Transport Customer Agreement. Under a Transport Customer Agreement, Cargo3 shall deliver the goods to the Consignee.
  • (f) "Consignor" means any party which delivers or shall deliver goods to Cargo3 as carrier for transport under a Transport Customer Agreement. The Consignor may be the Transport Customer or another party which hands over or surrenders or shall hand over or surrender the goods to Cargo3 for transport under a Transport Customer Agreement. Under a Transport Customer Agreement, the Consignor shall hand over or surrender the goods to Cargo3 for transport and Cargo3 shall receive the goods for transport from the Consignor.
  • (g) "Customer Terms" means these Customer Terms, including any appendices and amendments to these Customer Terms.
  • (h) "Delivery" of goods means that Cargo3 hands over or delivers the goods to the Consignee or a person acting for and on behalf of the Consignee or places the goods at the disposal of the Consignee at the agreed place of delivery and in the agreed manner (if any manner is agreed). The word "deliver", its derivatives and the terms "deliver the goods" and "has delivered the goods" shall be interpreted accordingly.
  • (i) "DKK" means Danish kroner, the lawful currency of the Kingdom of Denmark.
  • (j) "freight" means the main consideration (remuneration) to be paid by a transport customer to a transport provider (carrier) for the performance a transport (carriage) of goods.
  • (k) "goods" means any goods or other matter which may be transported (carried) physically, including any document, letter, envelope, package, pallet or container, if not supplied by Cargo3 or a Transport Provider as defined in clause 41.01.
  • (l) "including" means including without limitation or prejudice to the generality of any description, definition, term or expression preceding that word. The term "including" also means including but not limited to. The word "include" and its derivatives shall be interpreted accordingly.
  • (m) "means of transport" means any means of transport, including transport by personal carriage, bicycle, moped, scooter, motorcycle, car, lorry, truck, any other vehicle, train, airplane, helicopter, drone, any other aircraft, ship or any other vessel.
  • (n) "mode of transport" means any mode of transport, including transport by road, rail, air or sea (unimodal transport) or any combination thereof (multimodal transport).
  • (o) "Owner" means the owner of the goods and shall include and be deemed to include the Transport Customer, the Consignor, the Consignee and any other party which is or becomes the owner of or interested in the goods or act for or on behalf of any of the other parties mentioned.
  • (p) "Parties" means the Transport Customer and Cargo3.
  • (k) "Party" means any person, company, enterprise or other legal entity.
  • (r) "Party" means the Transport Customer or Cargo3.
  • (s) "place of delivery" means the agreed place where Cargo3 shall hand over or deliver the goods to the Consignee or a person acting for and on behalf of the Consignee or the agreed place where Cargo3 shall place the goods at the disposal of the Consignee.
  • (t) "place of receipt" means the agreed place where Cargo3 shall take over or receive the goods for transport from the Consignor or a person acting for and on behalf of the Consignor or the agreed place where the Consignor shall place the goods at the disposal of Cargo3 for transport.
  • (u) "readable" means readable for persons (individuals) without the use of any other information or communication technology software or hardware.
  • (v) "receipt" of goods means that Cargo3 takes over or receives the goods and accepts it for transport from the Consignor or a person acting for and on behalf of the Consignor or any authority or other third party to which the goods must be handed over for transport under the law or regulation at the place of the receipt of the goods. The word "receive", its derivatives and the terms "receive the goods" and "has received the goods" shall be interpreted accordingly.
  • (w) "Special Drawing Right" and "SDR" mean Special Drawing Right as defined by the International Monetary Fund (IMF). Special Drawing Right or SDR is a monetary unit of account used by the International Monetary Fund (IMF). The currency rate of a Special Drawing Right or SDR is set by the International Monetary Fund (IMF). The currency rate of a SDR is generally published each banking day in lists of currency rates published by national banks and other major banks and financial institutions.
  • (x) "SMS message" means a readable electronic mobile phone (cell phone) message.
  • (y) "transport" means any transport (carriage) of goods by any mode of transport, including transport by road, rail, air or sea (unimodal transport) or any combination thereof (multimodal transport), and by any means of transport, including transport by personal carriage, bicycle, moped, scooter, motorcycle, car, lorry, truck, any other vehicle, rail, airplane, helicopter, drone, any other aircraft, ship or any other vessel.
  • (z) "Transport Customer" means any party which is a transport customer under a Transport Customer Agreement, as defined in clause 41.01(aa), with Cargo3 as transport provider (carrier).
  • (aa) "Transport Customer Agreement" means an agreement between Cargo3 as transport provider (carrier) and another party as transport customer on transport (carriage) of goods to be performed by Cargo3 as transport provider (carrier) under these Customer Terms. Under a Transport Customer Agreement, Cargo3 may perform the transport in any reasonable manner, including by use of any reasonable mode or modes of transport and any reasonable means of transport. See also clauses 13.01 and 13.02.
  • (bb) "Transport Document" means any electronic non-negotiable transport document which confirms and evidences: (1) a Transport Customer Agreement between Cargo3 and a Transport Customer, (2) that Cargo3 has received the goods for transport, (3) that Cargo3 will perform the transport of the goods and deliver the goods in accordance with the Transport Customer Agreement, and (4) that Cargo3 has issued the Transport Document. A Transport Document may be issued in any appropriate manner and form and as any appropriate electronic document which is readable for persons (individuals) and contains the information required under these Customer Terms. A Transport Document may for example be issued as a portable document format (PDF) document or a similar electronic document.
  • (cc) "Transport Provider" means any party which is a transport provider (carrier) under a Transport Provider Agreement, as defined in clause 41.01(dd), with Cargo3 as transport customer.
  • (dd) "Transport Provider Agreement" means any agreement between Cargo3 as transport customer and a transport provider as transport provider (carrier) on transport (carriage) of goods to be performed by the transport provider as transport provider (carrier) under Cargo3's terms and conditions for its transport providers.
  • (ee) "Transport Provider Terms" means terms and conditions of Cargo3 for its transport providers which are contained in a document with the title "Cargo3 IVS Terms for Transport Providers", including any appendices and amendments to the Transport Provider Terms.
  • (ff) "User" means any party which in any manner uses, views or performs any function or act in or in relation to the Cargo3 System as defined in clause 41.01(d). "User" includes any party which is Cargo3's Transport Customer. "User" also includes any party which is a Consignor or a Consignee under a transport agreement between Cargo3 and a Transport Customer where the Consignor or the Consignee, respectively, has confirmed in the Cargo3 System or in any other manner that it agrees or accepts to be a Consignor or a Consignee, respectively. "User" does not include any party which is Cargo3's Transport. For terms applicable to any such party, please see the document with the title "Cargo3 IVS Terms for Transport Providers" which is available on our websites.
  • (gg) "User Account" means an account of a User in the Cargo3 System.
  • (hh) "you" means you as a Transport Customer or User. This applies irrespective of whether you are a person, a company, an enterprise or another legal entity, and irrespective of how and why you visit or use any of our websites or online or mobile applications or other services and products. In these Customer Terms, "your" refers to you.

41.02. In these Customer Terms, "we" and "us" means Cargo3, and "our" refers to Cargo3, unless otherwise stated or apparent from the context.

41.03. In these Customer Terms, any reference to the singular number shall include a reference to the plural number and any reference to the plural number shall include a reference to the singular number, unless otherwise stated or apparent from the context.

41.04. If any part of these Customer Terms is held to be invalid by a final judgment or an arbitral award of a competent court of law or arbitral tribunal, the said part of these Customer Terms shall to the extent possible be interpreted and applied in a manner which is not invalid and is in accordance with the other terms of these Customer Terms and Danish law and international law applicable in Denmark at any time. See clause 39. Any other part of these Customer Terms shall remain in full force.

41.05. In case of any conflict or inconsistency between these Customer Terms and Cargo3's Privacy Policy, Cargo3's Cookies Policy or any other applicable term or condition, these Customer Terms shall take precedence.

42. Scope of application of these Customer Terms

42.01. These Customer Terms shall apply to any User and its access to and use of the Cargo3 System if the application of these Customer Terms has been agreed or accepted by the User in any manner, including by use of any electronic information, communication or registration function in the Cargo3 System.

42.02. The User shall be deemed to have agreed to or accepted the application of these Customer Terms to the User, the User's relation to Cargo3 and use of the Cargo3 System and any Transport Customer Agreement and any Transport Document to which the User is a party as Transport Customer, Consignor or Consignee in any of the following instances:
  • (a) If the User has registered for a User Account and in relation thereto has ticked a box with a text, or in any other manner has registered the User's acceptance of a text, which includes the word "agree" or "accept", or any other word, term or text which indicates the User's agreement or acceptance, as regards the application of these Customer Terms to the User.
  • (b) If the User in any manner has made an agreement with Cargo3 on the User's access to or use of the Cargo3 System, and these Customer Terms are referred to or mentioned in any manner in the said agreement.
  • (c) If the User in any manner views, accesses or uses the Cargo3 System, including by visiting or using one of Cargo3's websites or using one of Cargo3's online or mobile applications or any part or function of the Cargo3 System.
42.03. These Customer Terms shall apply to any and all access to and/or use of the Cargo3 System in relation to any party which has any such access or makes any such use as a User. Any such party shall, by its access to or use of Cargo3 System, be deemed to have agreed and accepted that the said access or use is subject to and governed by these Customer Terms.

42.04. These Customer Terms shall apply to any Transport Customer, Consignor or Consignee and its access to and use of the Cargo3 System if the application of these Customer Terms has been agreed or accepted by the Transport Customer, the Consignor or the Consignee, respectively, in any manner, including by use of any electronic information, communication or registration function in the Cargo3 System. Clauses 42.01-42.03 shall also apply, with any necessary adaptations being made, to any such Transport Customer, Consignor or Consignee. These Customer Terms shall also apply to any Transport Customer Agreement and any Transport Document to which any such Transport Customer, Consignor or Consignee is a party.