Imperative law Clause Samples
The 'Imperative law' clause establishes that certain legal provisions are mandatory and cannot be altered or excluded by agreement between the parties. In practice, this means that even if a contract attempts to override or waive these statutory requirements, such attempts will be invalid and the imperative legal rules will still apply. This clause ensures that fundamental legal protections or obligations, often related to public policy or consumer rights, are upheld regardless of the parties' intentions, thereby maintaining legal certainty and protecting weaker parties from unfair contractual terms.
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Imperative law. 12.1. The Forwarder shall inform the Principal forthwith which contracts of transport he has entered into to fulfil his obligation if the goods are not delivered without delay at the place of destination in the state in which they were tendered. He shall put at the disposal of the Principal all documents in his possession or which he can reasonably supply, at any rate in as far as they may be used to claim damages sustained.
12.2. If the Forwarder fails to comply with an obligation as referred to in paragraph 12.1, he shall, in addition to payment of the further damage sustained by the Principal as a result thereof, pay compensation equal to the damages which the Principal would have received from him if he himself had carried out the contract concluded by him, less the damages which the Principal may have received from the carrier.
12.3. If - and only if - the Forwarder carried out a contract of transport himself, he is obliged to notify this forthwith to the Principal if the goods are not delivered without delay at the place of destination in the state in which they were tendered.
12.4. If the Forwarder fails to make notification as referred to in paragraph 12.3 and if as a result thereof he has not been called upon as a carrier in time, he shall, in addition to being liable for payment of the further damage sustained by the Principal as a result thereof, be liable to pay compensation equal to the damages he would have had to pay, if he had been called upon as a carrier in time.
Imperative law. If the goods are not delivered without delay at the place of destination in the state in which they were tendered, the forwarder, in so far as he has carried out a contract of transport himself which he was to conclude with a third party, is obliged to notify this forthwith to the principal who has notified him of the damage.
Imperative law. 15.1 These Conditions shall not affect articles 8:61 paragraph 1, 8:62 paragraphs 1 and 2 and 8:63 paragraphs 1, 2 and 3 of the DCC.