General terms and conditions

1 Scope of terms and conditions and deviation from these

1.1 These general terms and conditions shall apply to all services provided by Link Logistics.

1.2 Any deviation from the general terms and conditions shall only apply if the deviation is agreed upon in writing.

2 Link Logistics’ services

2.1 Link Logistics is able to provide a number of different logistics services through the products Link Courier, Link Special Service, Link Freight, Link Pharma and Link Warehousing. Link Logistics shall not be obligated to provide other services than those stated in the descriptions for each product, unless this is agreed upon in writing in a Service Level Agreement (SLA).

2.2 Link Logistics does not handle: Antiques, cash, bearer securities, precious metals or other goods of a particularly high value; goods categorized as dangerous goods irrespective of volume; living/dead animals, urns; goods with fragile or liquid contents; medicinal products, narcotics, euphoriants; weapons, ammunition, explosive elements; perishable foods; materials that encourage or incites illegal acts or the like. Link Logistics reserves the right, based on specific judgment, to refuse to handle the customer’s goods.

2.3 However, Link Logistics may, in individual cases, offer to handle certain types of goods comprised by clause Fejl! Henvisningskilde ikke fundet.. However, in such a case, special procedures shall be agreed and adapted to the specific goods and the requested handling. It is not sufficient that the customer only states the type of the goods.

2.4 The product Link Special Service offers transport of dangerous goods, oversize goods, air freight, security-cleared transport, bonded warehouse, On Board Courier (OBC), here-and-now transport and service tasks. For these tasks, the transportation may be adapted to the customer’s needs. The customer shall notify Link Logistics in writing of how the goods should be handled and treated. If the customer has not given Link Logistics the necessary information on handling and treatment of the goods, Link Logistics shall not be responsible for any damage occurring in connection with the transport.

2.5 Link Logistics may assist the customer in taking out transport insurance, but only if this has been agreed in writing. The customer shall be responsible for ensuring that the insurance covers the existing risk.

3 Customer’s guarantees

3.1 The customer guarantees the following to Link:

3.1.1 that Link Logistics receives the agreed goods at the agreed time;

3.1.2 that the goods fulfil the agreed requirements and Link Logistics’ guidelines with respect to size, weight, marking and contents. Goods consisting of several consignment parts must be packaged separately, and the individual parts must not be taped / strapped together;

3.1.3 that the goods are adequately packaged so that the packaging protects the goods from the ordinary impact during transport, including pressure, wear and weather conditions and ensures that the goods are handled without any risk of injury or damage to other goods or means of transport. The packaging shall be capable of protecting the goods in a free fall from a height of 1 metre;

3.1.4 that Link Logistics will receive all relevant information in order to be able to deliver the agreed product, including name, telephone number and e-mail to the contact person with the recipient and that all of the provided information is correct.

3.1.5 that the customer indemnifies Link Logistics for any damage/loss caused by the customer, the goods or the customer’s staff.

3.1.6 that the customer will not dispatch goods with a value of more the DKK 5 million unless the customer has obtained prior specific consent from Link Logistics.

3.1.7 that all information is sent to Link Logistics in accordance with the agreement and Link Logistics’ guidelines for data exchange.

4 The customer’s requests of change

4.1 Link Logistics plans delivery of the agreed services well in advance, and transport often takes place in connection with transport of other goods. If the customer wants to make any changes, notification of this must be given as soon as possible and in writing to Link Logistics.

4.2 A request for complete or partial suspension, return or redirection of goods by Link Logistics or changes in general by Link Logistics to transport routes or other services than agreed upon, shall be fulfilled to the extent that this is feasible and against payment for Link Logistics’ additional work in this connection, for example warehouse rent, new customs clearance, handling of import and/or export etc.

4.3 Link Logistics may refuse change requests:

4.3.1 if it is not feasible to follow the instruction; or

4.3.2 if it will be to the detriment of other customers/recipients to change a service; or

4.3.3 if a change will involve significant expenses for Link Logistics or otherwise cause difficulties for Link Logistics.

5 Transport and handling

5.1 This clause shall apply when one or more of the following products have been chosen: Link Freight, Link Courier and Link Special Service.

5.2 Link Logistics shall plan and choose transport routes and means of transport and shall be entitled to make changes to these without obtaining consent from the customer.

5.3 If the customer has special requests in connection with the transport, these must be expressed in writing. It is not enough that the information is included in the ordinary documentation regarding the goods (delivery notes, invoice etc.) or stated on the packaging of the goods.

5.4 Goods that may suffer damage from ordinary handling during transport or due to external conditions such as temperature fluctuations shall be secured by the customer with proper packaging unless otherwise agreed in writing.

5.5 In connection with transport of fragile or temperature-sensitive goods, the party placing the order shall notify Link Logistics in writing about the type, treatment, handling and storage of the goods and other relevant measures. If Link Logistics has not received adequate information about the requirements for handling the goods, Link Logistics shall not be liable for damage resulting therefrom.

6 Reception and collection of goods

6.1 This clause shall apply when the product Link Warehousing has been chosen.

6.2 The goods may be collected from or delivered to the warehouse on weekdays between 9.00 am and 4.00 pm or another agreed time. The goods shall be accompanied by the documents required by law and any other agreed and relevant documents.

6.3 Link Logistics shall check and sign for the number of the consignment parts and the visible condition of the consignment parts received, but without any liability for contents and non-visible damage.

6.4 Link Logistics may arrange for picking, marking, packaging, unpacking and repacking of the goods in accordance with instructions from the customer. The customer shall be responsible for the chosen methods and procedures.

6.5 If the customer has not given special instructions, Link Logistics may use the procedures and methods that Link Logistics finds most appropriate. Link Logistics shall not be responsible for this assessment and handling in general, as long as goods have been handled with due care.

6.6 Link Logistics shall not be liable for faults by the unloader in connection with collection and loading of the goods or for faults by the recipient in connection with unloading and handing over the goods.

6.7 Link Logistics reserves the right to refuse to store and otherwise handle the goods.

6.8 With respect to picking and packing as well as other special tasks to be carried out by Link Logistics for the customer, Link Logistics shall act solely on instruction from the customer.

7 Packaging and marking

7.1 Unless otherwise agreed in writing, the customer shall be responsible for preparing and packaging the goods in an adequate manner. The goods shall be packaged so that they do not suffer damage during ordinary handling, including, pressure, impact, fall, temperature fluctuations and automatic sorting where handling labels and symbols are not taken into consideration.

7.2 The customer shall also be obliged to fill in all relevant transport documents. The goods shall be marked in a legible and durable manner. The customer shall state a legible name, street, postal code, city and country of both the recipient and the sender (i.e. the customer).

7.3 In case of damage due to lack of packaging or the customer’s failure to display care in the preparation of the goods, Link Logistics shall not be liable for such damage.

7.4 Link Logistics shall be entitled to return damaged or leaky goods to the customer or to destroy the goods if return is not possible. Even if the customer refuses to take back the goods, the customer shall incur the expenses sustained by Link Logistics in connection with disposal.

8 Transport time

8.1 The transport time stated in the product description shall be regarded as indicative. Without prejudice to clause 8.2, Link Logistics may, for the sake of its internal planning, deliver earlier or later than stated in the product description.

8.2 The Link Special Service product may – if agreed in writing – be a time-guaranteed product. Transport time and other terms for the time guarantee shall be agreed separately.

8.3 Link Logistics shall not be liable if transport time is exceeded unless otherwise stated in any applicable network terms, see clause 12. In any case, the customer shall bear the risk of delay arising due to circumstances outside Link Logistics’ control.

9 Delivery

9.1 Link Logistics delivers the goods at the address stated by the customer. The customer is responsible for ensuring that the address is stated correctly at the time of booking. Delivery may take place to any person at the address, unless otherwise agreed in writing.

9.2 The customer expressly accepts that delivery can be made to a third party, parcel box addresses or post offices (including gas stations, kiosks etc.). Once delivery has taken place to a third party, parcel box addresses or post offices, Link Logistics shall be free from liability thereafter.

9.3 If agreed, Link Logistics may affect delivery by placing the goods as stated by the customer/recipient.

9.4 Link Logistics shall be exempt from liability for all matters occurring after delivery.

10 Delivery impediments

10.1 The customer shall pay for the entire agreed service even if delivery impediments should occur that are outside Link Logistics’ control. In case of partial delivery, the customer shall always – irrespective of the nature and cause of the delivery impediment – pay for the part of the agreed services that has been delivered.

10.2 A delivery impediment shall be outside Link Logistics’ control if it relates to the customer’s circumstances. Examples of this include the following: if the goods are lost without this being attributable to Link Logistics; if the customer has delivered the goods to Link Logistics too late; if the customer has not addressed, marked or sorted the products in accordance with the agreement; or if the customer has given Link Logistics incorrect or inadequate information.

10.3 A delivery obstacle shall also be outside Link Logistics’ control if it is caused by external circumstances. This could for example be industrial disputes, accidents, natural disasters, terror, rough weather conditions or other incidents that are in the nature of force majeure in accordance with Danish law. The same applies to lack of access and delivery options. Link Logistics cannot guarantee access to all addresses. For example, Link Logistics does not have access to post office boxes.

11 Storage

11.1 Storage of the goods is not included in the products Link Freight, Link Courier and Link Special Service, except for the brief storage that forms a natural part of the transport process.

11.2 If the transport is interrupted, Link Logistics will contact the customer and request instructions to the extent that this is relevant and feasible. If the customer does not respond within the stated time, Link Logistics shall be entitled to store the goods at the customer’s expense on the terms applicable to the Link Warehousing product.

12 Network clause

12.1 Under the products Link Freight, Link Courier and Link Special Service, transport is, as a main rule, carried out as multimodal transports, and the conditions for Link Logistics’ liability is stated in the general terms and conditions.

12.2 If, however:

- a certain form of transport has been agreed (i.e. sea transport, road transport or air transport), or
- it can be documented that loss, deterioration, damage or delay has occurred while the goods were transported by means of a certain form of transport,
Link Logistics shall be liable in accordance with the statutory provisions and ordinary transport terms applicable to such a form of transport (hereinafter jointly referred to as ”network terms”) to the extent these deviate from what has been agreed. Furthermore, any rules for submission of complaints and time-barring in the network terms shall apply to the extent these deviate from what has been agreed.

13 Prices and invoicing

13.1 Link Logistics’ prices are stated in the price sheets for the agreement. If no price has been agreed upon for a given service, Link Logistics is entitled to invoice as per account rendered as long as the invoice amount is not clearly unreasonable, cf. the general rules of Danish law.

13.2 All amounts are stated exclusive of VAT and other taxes. Taxes, customs and other fees and charges are not included in the price unless specifically stated.

13.3 Link Logistics reserves the right to post-invoicing of completed services in excess of the agreement, including fees, charges etc.

13.4 Link Logistics’ terms of payment are 14 days net unless otherwise agreed in writing.

14 Link Logistics’ liability in damages

14.1 Link Logistics shall only be liable to the customer if the customer can document a financial loss as a result of Link Logistics’ gross negligence and only if the customer has taken reasonable measures to limit the loss.

14.2 The customer shall bear the burden of proof, including documentation of its loss. However, in the event of a claim related to transportation of goods where the customer has submitted a timely complaint, see clause 21, Link Logistics shall be obliged to document that Link Logistics has not engaged in negligent conduct.

15 Exemption from liability

15.1 Link Logistics shall not be liable for:

a) loss of profit, loss of market share, deprivation, indirect loss or consequential damage or other similar losses;
b) conditions owing to the customer’s non-fulfilment of guarantees issued, see clause 3, or any other breach by the customer;
c) loss, market disturbance or any other consequence of cases where a third party via hacking, wiretapping, decoding, monitoring, break-in, phishing or other unlawful way obtains access to the Link Logistics’ IT systems, and this results in loss, erasure, copying and/or change of data;
d) loss due to obstacles to delivery that are outside Link Logistics’ control, see clause 10, or incidents defined as force majeure as generally defined by Danish law.

16 Limitation of liability

16.1 All services are carried out under limited liability. Link Logistics shall not be liable in damages for indirect losses or consequential losses such as lost profit, lost market shares or other similar damage or loss. Link Logistics’ liability shall also be limited in accordance with the maximum limits stated in clauses 16.2 - Fejl! Henvisningskilde ikke fundet..

16.2 Requirements related to transport of the goods:

16.2.1 In case of loss, deterioration or damage, Link Logistics’ liability in damages shall be limited to SDR 8.33 per kg gross weight of the part of the goods that is damaged, deteriorated or lost.

16.2.2 In connection with delay, the customer shall in any case pay freight, but if Link Logistics has engaged in actionable conduct, the customer may claim compensation for demonstrable and non-preventable costs as a result of the delay. However, such compensation shall never exceed the total freight amount.

16.2.3 For all other types of losses, Link Logistics’ liability in damages shall be limited to SDR 100,000 per task.

16.3 Requirements in connection with storage of the goods:

16.3.1 In case of loss, deterioration or damage, Link Logistics’ liability in damages shall be limited to SDR 8.33 per kg gross weight of the part of the goods that is damaged, deteriorated or lost.

16.3.2 In case of delay, Link Logistics’ liability for damages shall be limited to the agreed price for storage of the goods affected. The customer shall in any case pay the agreed price, but if Link Logistics has engaged in actionable conduct the customer may claim compensation for proven and non-preventable costs as a result of the delay. However, such compensation shall never exceed the total price agreed.

16.3.3 For all other types of losses, Link Logistics’ liability in damages shall be limited to SDR 100,000 per task.

16.3.4 Link Logistics’ total liability in damages to the costumer and Link Logistics’ other costumers that suffer losses due to the same incident, shall be limited to SDR 500,000.

16.4 For services other than transport and storage:

16.4.1 In case of loss, deterioration or damage, Link Logistics’ liability in damages shall be limited to SDR 8.33 per kg gross weight of the part of the goods that has been damaged, deteriorated or lost.

16.4.2 In case of a delay, Link Logistics’ liability in damages shall be limited to the price already agreed upon for the goods in question. The customer shall in any case pay the amount previously agreed upon, but if Link Logistics has engaged in actionable conduct, the customer may claim compensation for demonstrable and non-preventable costs as a result of the delay. However, such compensation shall never exceed the total amount that was previously agreed upon.

16.4.3 For all other types of losses, Link Logistics’ liability in damages shall be limited to SDR 100,000 per task.

16.5 Link Logistics’ total liability to the customer for every single incident – not limited to the limitations expressed in point 16.2 to 16.4 – may never exceed more that 5% of the remuneration for the distribution of the goods in question and the customer’s total claim for compensation to Link in a given year may not exceed more that 500,000.00 DKK in total.

17 Customer’s breach and liability

17.1 The customer shall indemnify Link Logistics for any loss suffered by Link Logistics as a result of breach by the customer.

17.2 The following are examples of actionable conduct:

a) The customer delivers goods in conflict with the agreement;
b) The customer provides incorrect or inadequate information;
c) The customer delivers the goods earlier or later than agreed;
d) Damage, loss, delay or other loss caused by the customer, the customer’s staff, the goods themselves or a third party;
e) Non-performance by the customer of one or more of its obligations under this agreement, including the obligations mentioned in clause 3.

17.3 If an error or omission caused by circumstances for which the customer is responsible results in additional expenses or loss for Link Logistics, Link Logistics shall be entitled to charge the customer for such additional expenses and losses. In addition, Link Logistics shall invoice the customer for non-compliance with its obligations in accordance with the fixed amounts stated in Link Logistics’ price sheet.

17.4 If the customer delivers goods earlier or later than agreed, Link Logistics shall reserve the right to charge the resulting additional expenses, including warehouse rent, idling charge etc.

17.5 In case of violation of the agreement, Link Logistics can choose to request the customer to collect the goods within a specific time. If the customer does not meet this request, Link Logistics may return or destroy the goods at the customer’s expense.

18 Breach

18.1 If a party is in material breach of its obligations under the agreement, the other party may terminate the agreement with immediate effect.

18.2 If a party is in breach of the agreement without this constituting material breach, and the party in breach has not remedied the breach within 14 days despite a written warning, this shall in itself be regarded as a material breach.

18.3 The parties may apply the general remedies for breach in Danish law to the extent no limitations of these have been agreed.

19 Subcontractors

19.1 Link Logistics shall be entitled to use subcontractors.

19.2 Subcontractors are used for the products Link Freight, Link Courier and Link Special Service. Link Logistics is the contracting carrier, and the transport is carried out by subcontractors at Link Logistics’ own choice.

20 Pledging, lien and set-off

20.1 Link Logistics has a lien on and a right to pledge all goods under Link Logistics’ control as security for new as well as old claims against the customer. In case of loss or complete/partial damage to the goods for which Link Logistics is responsible, Link Logistics will be entitled to receive compensation from insurance companies and the like.

20.2 All invoices shall be paid when due – the customer shall not be entitled to offset amounts due to Link Logistics.

21 Complaint

21.1 The customer shall be obliged to immediately – either itself or through the recipient – submit a written complaint to Link Logistics as soon as the customer/recipient has or should have obtained knowledge of the actionable conduct. The complaint shall be submitted immediately and must be to the point and reasoned, including a description of the subject of the complaint. The customer is responsible for inspecting the goods thoroughly. In case of hidden damage, the customer shall submit a complaint no later than seven calendar days after receipt. In case of visible damage, the customer shall submit a complaint no later than 24 hours after receipt. In case of complete loss, the customer shall submit a complaint no later than seven calendar days after the customer became or should have become aware of the loss. The customer shall thus forfeit any claim – regardless of whether this would have been justified or not – if Link Logistics has not received a complaint within the stated deadline for submission of complaint.

21.2 After the submission of a complaint, the goods, including transport packaging, shall remain with the recipient for the purpose of possible inspection and may only be removed from the site by Link Logistics. Otherwise, Link Logistics shall be exempt from liability.

21.3 Complaints shall be submitted to Link Logistics via e-mail.

22 Time-barring

22.1 Claims against Link Logistics shall become time-barred after one year if legal action has not been brought before that time. The limitation period starts:

22.1.1 In case of deterioration of or damage to the goods, from the day on which the goods were delivered to the recipient or made available to the recipient;

22.1.2 In case of delay, loss of an entire consignment or other damage, from the time when the delay, loss or other damage could be identified at the earliest;

22.1.3 In all other cases, from the time when the customer could have obtained knowledge of the reason for the claim at the earliest.

22.2 The products Link Freight, Link Courier and Link Special Service include a network clause that could cause other rules on time-barring than those stated in clause 22.1 to be applicable.

23 Assignment

23.1 Link Logistics shall be entitled to assign its rights and obligations under this agreement in connection with mergers, group transfers or the like.

23.2 The customer may only assign its rights and/or obligations under this agreement to a third party if Link Logistics has given prior, written consent to this.

24 Data and data processing agreement

24.1 Link Logistics is an independent controller under the current data protection legislation with respect to the processing of personal data taking place in connection with the specific distribution service purchased by the customer. Questions about Link Logistics’ processing of personal data may be addressed to info@linklog.dk or telephone number +45 7010 4500.

24.2 The categories of personal data received and processed by Link Logistics include the sender’s name, address, e-mail address, telephone number and recipient information from the sender of a product in order to be able to fulfil its legal and contractual obligations for correct delivery. Link Logistics agrees to receive other data that are necessary in relation to the customer’s internal process.

24.3 The exchange of personal data with Link Logistics shall:

24.3.1 take place via secured channels such as our import function via the booking page or encrypted e-mail. Personal data shall be stored in Link Logistics’ systems for up to three years after termination of distribution, after which these data will be erased or anonymised;

24.3.2 be limited to a minimum and shall only include data that serve a purpose for the customer;

24.3.3 in case of a technical breakdown/failure that prevents the exchange of personal data, take place via an appropriate and secure emergency procedure agreed in the specific situation.

24.4 Link Logistics is the processor when we process personal data on behalf of others. We are therefore not controller but processor when, for example, you use our address book, after which you have access to administering recipient information via our bookingsite.

24.5 When Link Logistics is the processor, we process the information on direct instructions from the controller in accordance with separate data processing agreement.

25 Confidentiality

25.1 The parties shall at any time observe secrecy with respect to the information obtained by the party in connection with the co-operation.

25.2 The parties shall not be entitled to use or disclose information to a third party without written approval from the other party unless such disclosure follows from an order from the authorities.

26 Applicable law and venue

26.1 The agreement between the parties shall be subject to the substantive rules of Danish law.

26.2 Any dispute between the parties shall be settled by the District Court of Copenhagen with a right of appeal in accordance with the Danish Administration of Justice Act.

26.3 If an action should be brought against Link Logistics in another venue (also abroad and by arbitration), the customer may, however, always be given third-party notice in the same case even if this has been brought before another court, including the District Court of Copenhagen.

27 Acceptance

27.1 These terms and conditions shall apply as part of the agreement between the parties. The customer has accepted the conditions by its signature on the agreement between the parties, by using the bookingsite or by ordering by telephone or e-mail, and the terms and conditions are therefore not signed separately.