Article 1: Scope of Application.
a) The present General Conditions shall apply to transactions between traders for all operations of the Freight Forwarder pertaining to the conduct of the carriage.
b) The General Conditions prevail over any different local commercial customs and business usage, as well as different legislative provisions and provisions of international conventions, unless the latter are ius cogens.
Article 2: Freight Forwarding Contract.
a) Assignment of Freight Forwarding Services is the contract by virtue of which the Freight Forwarder undertakes, against payment, the obligation towards the sender or the consignee of the goods to carry them to the place of delivery, not conducting the carriage himself, but finding the carrier who shall carry the goods and with whom the Freight Forwarder concludes a contract of carriage in his name but on behalf and for the account of the sender or the consignee.
b) The Freight Forwarder may act as a carrier in the performance of the carriage.
Article 3: The conduct of relevant operations by the Freight Forwarder.
a) The Freight Forwarder undertakes, following a special agreement, except for the conduct of the carriage, all the related operations such as transshipment of goods, storage, clearance, insurance and any other relevant operations what so ever.
b) The General Conditions shall apply to the businesses of the Freight Forwarder relating to the conduct of carriage only, unless there has been a different written agreement with the Customer.
Article 4: Obligations of the Customer.
a) The conclusion of the contract for the conduct of carriage by the Freight Forwarder is binding for the Customer.
b) The Customer shall bear all expenses and fees arising from the performance of the said contract.
c) The Customer is required to take all necessary steps for the performance of the contract. The Freight Forwarder shall not be held liable for any consequential loss may arise to the customer from non-performance or delayed performance of the contract.
Article 5: The Customer’s instructions.
The Freight Forwarder is obliged to follow the Customer’s instructions arising from the said contract and contained in it. In the event of any lack of instructions of the Customer’s part to the Freight Forwarder the latter shall decide at his discretion. The Customer shall be liable for any consequences that may arise from erroneous or incomplete instructions.
Article 6: The contents of the order addressed to the Freight Forwarder.
a) The order addressed to the Freight Forwarder should contain the precise address of the consignor and the consignee, the place of loading and delivery, the nature of the goods, the quantity, the contents of the boxes, their dimensions, their gross weight and any other necessary particulars required for the performance of the carriage. The Customer shall bear liability for damage resulting from incomplete or erroneous particulars. If the Freight Forwarder has not been given a relevant order in writing, he shall not be obliged to check or fill in the said particulars or other statements of the Customer.
b) The Freight Forwarder is obliged to weigh the goods provided there is an order in writing to do so.
c) The Freight Forwarder shall enter in the receipt issued by him the content, value, quantity, weight and packing of the goods in transport as provided by the Customer.
Article 7: Goods In Transport.
a) The Freight Forwarder is not obliged to undertake the carriage of goods that may be hazardous to individuals, animals or to goods or that, by their nature, are susceptible to deterioration, normal wastage unless there is prior agreement to that effect in writing. If such goods have been given to the Freight Forwarder without any prior agreement, the Freight Forwarder is entitled, if circumstances require, to selling them or even, in case of imminent danger, to destroy them. The Customer is liable for any damage that occurs and shall bear liability for all associated expenses.
b) If, due to erroneous or incomplete instructions, the Freight Forwarder undertakes the care of the carriage of goods which by nature cannot be accepted, or can only be accepted subject to special circumstances, for instance i.e. explosives, inflammable or corrosive substances, radioactive agents or fume-emitting substances, the order shall be deemed null and void. If, however, the carriage is performed, the Freight Forwarder shall not bear responsibility for any damage or expenses that may occur. On the other hand he shall be entitled to take any necessary steps to protect the rest of the goods in transport, the individuals and the environment, and the Customer shall bear liability for the expenses thereof.
Article 8: Burden of Proof.
The Freight Forwarder shall not be liable for damage caused due to indications, notifications or instructions orally furnished by the Customer unless he has confirmed the same in writing.
Article 9: Customer’s Address.
The Customer is obliged to state his address or any change of address to the Freight Forwarder without delay. If he fails to do so, the latest address provided to the Freight Forwarder shall apply. The Freight Forwarder shall not be liable for damage occurring due to any erroneous address given by the Customer or due to incomplete or insufficient information pertaining to the change of the Customer’s address.
Article 10: Dispatch of Documents.
a) The Freight Forwarder is not obliged to post registered letters or to insure the transport of documents, unless there are instructions in writing to this effect.
b) The Freight Forwarder is not obliged to examine the authenticity of the signatures placed on statements relating to the goods in transport or on other written texts or to check the authorization for signing the same, unless it has been agreed otherwise in writing.
Article 11: Revocation of Order.
The Customer is entitled to revoke the order at any time, unless the Freight Forwarder has already concluded a contract of carriage with a third party. In this case, the Consumer shall bear all expenses and fees as well as any actual or consequential loss may incur from the revocation of the order.
Article 12: Carriage of Goods with the Groupage System.
The Freight Forwarder is entitled to undertake the carriage of goods with the GROUPAGE system, namely together with other goods belonging to other Customers, provided it has not been agreed otherwise in writing.
Article 13: Assignment of Claims.
The Customer may assign to third parties claims that he has against the Freight Forwarder and file a claim against the Freight Forwarder in the name of or on behalf of a third party only in the event that such claims against the Freight Forwarder are substantiated in accordance with the terms of the present General Conditions and not in relation to any other terms that may arise from special agreements of the contract.
Article 14: Special regulations for carriage to and from a port.
a) In the event of carriage to and from a port, the loading and unloading shall be performed in accordance with the regulations and rules of operation in force at each port and the terms and conditions included in the bill of lading or the charterparties issued by marine companies or ship owning companies.
b) The agreed prices do not include extra expenses arising from loading, transshipment or unloading of cargo at night, at weekends or during an official holiday, etc.
c) When the Freight Forwarder undertakes the carriage of goods at the port of loading, he shall not be liable for possible delays of the vessel, for deficiencies in the cargo, delays on the part of the vessel, for detention of the vessel, for storage costs, for unloading or for any damage that marine companies or their agents may cause. The Customer shall bear all the said special expenses.