Clause 4. Liability, complaints, compensation, limitation of claims and insurance 4.1 Liability Danske Fragtmænd is liable for errors or omissions in accordance with Section 27 C, no. 3, of NSAB 2000. Danske Fragtmænd does not take out fire, water damage and burglary insurance. For liability that is not covered by NSAB 2000, an express agreement, Danske Fragtmænd’s terms and conditions or mandatory statutory provisions, Danske Fragtmænd is liable in accordance with the general rules of Danish law. Such liability cannot in any case exceed SDR 50,000.00. If Danske Fragtmænd or any party for whom Danske Fragtmænd is liable has shown negligence, Danske Fragtmænd cannot, however, claim this limitation of liability. 4.2 Complaints Complaints to Danske Fragtmænd must be submitted without undue delay. Complaints must always be submitted in writing to the warehouse hotel and contain a description of the damage. In the event of visible deterioration of or damage to the goods, the Customer should complain immediately on receipt of the goods. Complaints concerning damage, deterioration or loss of goods (full or partial deficiency) must be submitted within seven days from receipt of the goods. If a complaint is submitted later than seven days from receipt of the goods, the complainant submitting the complaint against Danske Fragtmænd is obliged to prove that the damage, deterioration or deficiency occurred prior to the complainant’s receipt of the goods. If the complainant cannot prove this, the goods will be regarded as having been surrendered without damage, deterioration or deficiency. Complaints which concern other matters than damage, deterioration or loss of goods as well as full or partial loss must be submitted within 14 days after the day on which the Customer acquired or should have acquired knowledge of the circumstances which justify liability for Danske Fragtmænd. If such a complaint has not been submitted, the Customer has forfeited his rights. The Customer must make damaged goods available to Danske Fragtmænd for inspection thereof. 4.3 Compensation For loss, deterioration or damage of goods, Danske Fragtmænd’s liability is limited to SDR 8.33 per kilo gross weight of the lost, deteriorated or damaged part of the goods. No compensation is paid for loss of profit, loss of market share, consequential loss or any other type of loss. Compensation of loss or deterioration of the goods is calculated in accordance with the invoice value of the goods if it is not substantiated that the market price or current value of goods of the same type and quality has been another at the place and time at which the goods were taken over for storage. Compensation is not paid for antique value, sentimental value or other special value of the goods. Danske Fragtmænd’s total liability for damage in relation to all claimants in one and the same event is limited to max. SDR 500,000.00. A claim for compensation must be brought in writing, be documented and be sent to the warehouse hotel. Liability, complaints, compensation, limitation of claims and insurance | 8 If Danske Fragtmænd has paid full compensation, the title will pass to Danske Fragtmænd. If the Customer refuses to surrender the goods, the right to compensation will be forfeited. 4.4 Limitation of claims Unless this is contrary to Section 26(2) of the Danish Limitation Act (Forældelsesloven) regarding consumer affairs, a claim against Danske Fragtmænd must be brought within one year as the claim will otherwise be barred by limitation. In the event of deterioration of or damage to goods, the limitation period will run from the day on which the goods were surrendered from the warehouse hotel or on which the warehouse hotel was notified of the damage. In the event of delay, loss of a whole consignment or other damage, the limitation period will run from the time at which the delay, loss or other damage could be ascertained at the earliest. 4.5 Insurance The Customer is obliged to take out insurance for fire, burglary, water damage, possibly business interruption loss and other consequential damage. The Customer must inform Danske Fragtmænd about the insurance company’s name and policy number. 9 | Liability, complaints, compensation, limitation of claims and insurance
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