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Obligaciones de cliente y transportista

 

 

CLIENT‘S AND CARRIER‘S OBLIGATIONS

(Shipping is performed in accordance with CMR convention agreement of 1956)

 

1.1 The Client must provide accurate information about the loading, unloading position, load dimensions, volume and weight.

1.2 The Client has the right to cancel the order or to be adjusted at the time of loading up to 24h.

2.1 The Carrier provides technically orderly and clean vehicle indicated in the Agreement and suitable for shipping intended freight. The vehicle must be provided with valid insurances, technical certificates and permits, cargo-fastening devices are included.

2.2 When carrying ADR freight the driver must have all necessary safety means and an ADR certificate. The vehicle must be fitted for such carriage.

2.3 When carrying a freight with an indicate temperature, the required temperature must be ensured during the whole carriage period. The fridge must arrive to the loading place already with a pre-set required temperature. The thermo strip shall be printed proving the temperature throughout the whole carriage period and posted to the Client with all accompanying delivery documents.

2.4 Any additional expenses incurred on the state boarder that were not coordinated with the Client beforehand, shall not be reimbursed.

2.5 The truck loading/unloading in EU countries takes 24 hours. Unloading and customs clearances in third countries takes 72 hours (holidays and weekends are not included).

2.6 If the vehicle is not presented for loading, the Carrier pays a fine equal to 20% from the agreed amount, which shall be no less than 200 EUR. The Client undertakes the obligation to provide the freight.

2.7 The Carrier must arrive for loading/unloading in due time, or at 9 AM locally if it is not otherwise stated in the Agreement. If not arrived on time at the loading or unloading place, the Client does not guarantee loading/unloading within 24 hours. If not arrived on time at the loading place, the Client, after 2 hours since the agreed fixed loading time, has the right to cancel the order, look for another vehicle and charge the Carrier with the costs equal to the difference of freights.

2.8 The Driver is responsible for loading and unloading. In cases when loading/unloading shall handle by the sender / recipient, the Driver must participate during the loading/unloading of the vehicle and ensure that the amount and quality of the freight corresponds with documents data. In case of any violations or improper loading/amount of discrepancy/in cases of an improper loading or an improper fastening, the Driver must immediately notify the Client/Contact person and make appropriate entries in a CMR waybill and follow Client indications only.

2.9 During the loading, Driver must check all documents (invoice, EX1, CMR, certificates), their expiration dates and correspondence with the loaded freight.

2.10 The Carrier is responsible for any damage of the freight due to its improper arrangement, fastening, transportation, overloading on axles if the total weight is within permitted limits.

2.11 The Carrier must immediately notify the Client about any problems (notes on the CMR bill of lading, shortage of freight, its damage, late delivery, demurrage, improper loading, accidents, etc.).

2.12 The transhipment of goods and (or) trailer exchange without Client’s knowledge, adding extraneous freight is strictly prohibited. The terms and conditions of this Agreement are confidential. The Carrier is prohibited to transfer this order to any third party. In a case of transferring this order to a third party without a written consent of the Client and (or) any other p.

2.13 terms are violated, up to a freight size fine can be applied.

2.14 The original CMR bill of lading shall be sent within 7 days. If not sent in time, the Client has right to postpone paymeny of invoice for 30 days.

2.15 The CMR bill of lading must be properly filled-in and contain signatures and seals of the Consignor, Carrier and Consignee. If the CMR bill of lading does not contain a seal of the Consignee or a signature of an authorized person, the payment for the shipment may be suspended until this problem is resolved.

2.16 When there is a note in a CMR on any external cargo /or a package damage, a late delivery note with a relevant claim, the payment for the shipment may be suspended for a period of up to one year, that is a period for the claim on these irregularities to be provided and accordingly compensated by offsetting, when the damage case resolved.

2.17 The Carrier is responsible for unimpeachable evidence of tare exchange at the loading and unloading places. Regardless of pallets were exchanged or not, Carrier is obliged to obtain clear and definite evidence on the CMR bill of lading or pallet note from both loading and unloading places. This term is required when carrying goods on Euro-pallets (EU-PAL), Dusseldorf pallets (DD-PAL), H1

pallets or Gitter Boxes (Gi-Box). If accordingly filled in documents are not provided by the carrier to the Client, the former will be made out a bill at the rate of 15EUR for EU-PAL, 10EUR for DD-PAL and 100EUR for H1 or Gi-Box including processing fees.

2.18 If cargo is transported on Euro-pallets (EU-PAL), Dusseldorf pallets (DD-PAL), H1 pallets or Gitter Boxes (Gi-Box) and there is a requirement of empties to be taken back from loading, the driver must require for these empties to be suitable for replacement (it should be bright and unbroken). If there is any problem in changing pallets/empties (or) the driver does not understand notes made on any document (or) any problem have occurred with an unknown note or a stamp on any of those transport documents, the Carrier is obliged to immediately inform the Client by phone (or) email. If the Client is not informed, the Carrier takes a full risk and responsibility for the resulting consequences on his own.

2.19 In carrying out cargo transportation in accordance with this order and ensuring safety of the freight, Carrier drivers must only use a guarded and safe parking lots during a period of a longer than 45 minutes rest.

2.20 All of this contract changes should have appropriately been documented and approved in writing. Unilateral contract deletions also as any other additions made by hand are illegal.

2.21 Direct contact with the Customer is penalized in an amount of 10 000 EUR.

3.1 All above-mentioned fines also as penalties, both parties considered here as a minimum loss of size agreed in advance, are not required in further proving.

3.2 All disputes are solved by negotiation and if that fails, they all to be solved at Leon Court according to Spanish  procedural and substantive law.

3.4 Terms of payment: 60 days after receipt of an invoice, the original CMR bill of lading together with all enclosed documents, confirming the delivery of goods.

4. The terms of this contract were agreed in an electronic correspondence and are clear and fully understandable to the Parties of this contract.

5. The Minimum Wage Act (MiLoG) of the German Federative Republic enters into force on 1 January 2015 and introduces more stringent liability rules with regard to the deployment of service and contractual partners (e.g. sub-contractors in the transportation sector) also as a Loi Macron law in France which have entered into force on 1 of July, 2016 introducing a minimum wage salary for the truck drivers working in France. In particular, but not exclusively, this shall be also applicable to Austrian minimum wage requirements (actual from the 1st of April 2017) also as all relevant minimum wage requirements in Italy, Norway and any other EU /or non EU countries. Carrier must immediately contact Client if such information is unknown to the Carrier, though as the Carrier is fully obliged to ensure that all of these minimum wage standards are met in every other country (- ies), while transporting cargo to/or transiting it through those countries accordingly.

 

 

Last modified at 2017.09.11 19:00:20

 
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