GENERAL CONDITIONS OF THE COMPANY “With LOGISTICS” LTD TO CARRIERS
These general conditions are an integral part of all requests for transport by a Logistics (hereinafter consignor) to carriers / subcontractors (hereinafter referred to as carrier) and are considered to be agreed between the parties to take to implement the request for transport.
1.1 This carriage is subject to the terms of the CMR Convention and TIR / where
necessary / with all the attendant rights and obligations,including the claims.
1.2 The carrier is liable according to the CMR Convention. The carrier must have a valid insurance “Carrier’s Liability” (CMR insurance) vehicle / trailer which will carry out transport. If no one answers to full howsoever damage to goods carried.
1.3 The vehicle must be technically correct, with a clean and healthy in pure cargo space, rugged canvas, with capacity according requested to transport cargo + 3.5 t / under mechanical loading with forklift /.
1.4 The carrier must provide the necessary permits, tolls and visas necessary for the shipment from the place of loading to the unloading site and also for passing through transit countries.
1.5 The carrier must complete the application with your own car. Subcontracting is permissible only after our prior written permission. Failure to comply with this condition Carrier Cancellation fee of 1000 euros for each violation.
1.6 It is forbidden dotovarvaneto car without our written agreement with any other load than described in this application. Failure to comply with this condition Cancellation fee of 5000 euros for each violation.
1.7 By accepting this application carrier agrees in case of any claim for loss and / or damage or any other discrepancies in terms of transport, withhold payment on any or all amounts due to him to clarify the circumstances of the case. After clarification of the case and the signing of a bilateral protocol that governs entirely our financial relationships we have within 5 working days will pay all sums due to the Carrier, as they will deduct the amount of The complaint claims.
1.8 The carrier must inform us in writing about the location of vehicles daily no later than 10:00 local time. In the absence or submission of false information for loading, unloading or movement of the car will be charged a penalty equal to 150 euros for each failure.
1.9 The carrier must inform us in writing of all delays in transport, any deviations from the normal route, as well as possible additional costs / incl overload soon as the information about it. We pay only additional costs that previously have been informed and we agreed with them.
1.10 carrier must inform us in writing about the expected date of arrival of the vehicle at the latest one day before the day of landing, 12: 00h. local time.
1.11 Free time for loading and unloading, in t.chislo clearance – 24 hours to EU countries; 48 hours to countries outside the EU (except Saturday, Sunday and public holidays).
1.12 Claims for a penalty will be accepted only on production of CMR and Standing Card with the remark on them for date and time of arrival / departure of the car.
1.13 Claims for a penalty will not be accepted if the vehicle has not complied with the terms of loading and unloading listed in the application.
1.14 In case of delay by the carrier to load and / or unload cargo will be charged a penalty of 150 euros for each additional day of delay start will be charged 150 euros. This amount does not limit us to claim the additional costs arising from the delay to the carrier.
1.15 to 1 hour after receiving the request, do not send an objection or refusal of execution in writing, it will be deemed accepted by all of the terms and conditions herein. If you refuse transport request by fax or e-mail later than one hour of receiving it whether the implementation of Transport has started or not, we reserve the right to claim liquidated damages in the amount of 500 euros.
1.16 carrier on a particular transport has no right to offer the customer the recipient, the consignor or any other forwarders or carriers involved in the transport, direct / personal, by phone, fax, by email or through a third party transportation or shipping services under conditions similar to those in our request for a minimum period of 1 year from the date of the last such transport for a Logistics. Failing condition will owe a penalty amounting to 10,000 euros for each violation. in the event.
1.17 carrier is liable for the proper and safe loading of the vehicle overload axle overload the car and all damages caused by unsafe loading and / or lack of insurance of cargo. When loading and unloading, the driver must check that the condition and quantity of the cargo corresponds to that described in shipping documents and zayavkata.Toy must note on the transport document all discrepancies according to the CMR and TIR. For any discrepancy noticed by the driver should inform us in writing immediately and wait for our written response before the driver to leave the place of loading / unloading, otherwise exclude liability and will not accept damages claimed by you.
1.18 carrier undertakes to transport goods / feed, waste and other non-exhaustively listed here goods / whose transport is subject to authorization or registration and is subject to ongoing and / or further control than those specified in the legislation competent authorities to conduct proper documentation required according to legal requirements and promptly sent it to us, strictly following the instructions nashtite as a LOGISTICS reserves the right at any time to carry out the checks on compliance tov but an obligation. If the carrier fails to fulfill the above obligations in the outturn item on which to C Logistics has begun proceedings to establish the infringement committed and punishing him or LOGISTICS already been sanctioned by the relevant kopmpetentni bodies carrier owes C LOGISTICS a penalty equal to the maximum provided by law, in the amount of the penalty imposed.
1.19 The Parties recognize exchanged by fax or e-mail correspondence deystvitvlen contract in writing. Any dispute arising from this agreement or related to it, including disputes arising from or concerning its interpretation, invalidity, performance or termination, as well as disputes about filling gaps in the contract or its adaptation to new circumstances shall be resolved by arbitration Court at the Association of arbitrators in Bulgaria, c. Sofia accordance with its Rules of cases based on arbitration agreements.
1.20 The applicable law will be Bulgarian, a language in which the proceeding-Bulgarian.
1.21 These terms and conditions are binding and without explicit confirmation by the other party and have under contract and in cases where the carrier refers to conditions other than those objects to them or declare them null and void. Corresponding counter conditions of the carrier may acquire legal force only after written confirmation from the shipper.
1.22 The validity of this Agreement shall remain intact until the negotiation of change. In order to have legal effect any amendments must be in writing and may affect only some points, but not the entire content of these terms and conditions.
1.23 application is strictly confidential and should not be shown and disclosed to third parties.
2. International treaties and conventions
2.1. This carriage is subject to the terms of the CMR Convention and TIR / when necessary /, with all the attendant rights and obligations, including the claims.
2.2. The carrier is liable for CMR Convention, the car has a valid CMR
2.3. The carrier is required before the beginning of each transport send us a valid CMR
insurance. If you do not have any, is required before the beginning of each transport let us know about it, so we can insure it at his expense. If not complied with this arrangement, the carrier shall in unlimited amounts, according to general legal norms.
2.4. In the carriage of dangerous goods seldva be implemented all the provisions laid down in ADR Convention.
3. Obligations of the carrier
3.1. The vehicle must be technically correct, with a clean and healthy in pure cargo space, healthy brizent and load according requested to transport load / + 3.5 tons in mechanized loading with forklift /.
3.2. The carrier must provide the necessary permits, tolls and visas necessary for the shipment from the place of loading to the unloading site.
3.3. The carrier must complete the application with your own car. Subcontracting is permissible only after our prior written permission.
3.4. You are responsible to us as the first carrier. Engaged your sub after our express written permission, is your carrier and you are responsible for them.
3.5. Transhipment another vehicle is allowed after our prior written confirmation. Without our consent carrier shall pay all occurred howsoever damage to the load if no such transport
3.6. In cases where the agreed commitment of the entire vehicle, dotovarvaneto car with any other cargo except as described in this order is prohibited. Failure to comply with this dogovarka owe penalty of agreed freight for each violation.
3.7. The carrier must inform us in writing about the location of the car on a daily basis not later than 10.00 am. Local time. In the absence or submission of false information for loading, unloading or movement of the vehicle will be charged a penalty equal to 150 euros for each failure.
3.8. The carrier must inform us in writing of all delays in transport, any deviations from the normal route, as well as possible additional costs / incl Overload / soon as the information about it. We pay only additional costs for which it was notified, and we agreed with them.
3.9. The carrier must inform us in writing about the expected date of arrival of the vehicle at the latest one day before the day of landing, 12: 00h. local time.
3.10. Leisure in favor of the shipper for loading and unloading operations, including
clearance – 48 hours.
3.11. Claims for a penalty will not be accepted if the vehicle has not complied with the terms of the appearance of the loading and unloading station.
3.12. In case of delay by the carrier to appear on freight and / or unloading will be charged a penalty of 150 euros for each day of delay. This amount does not limit us to claim the additional costs arising delay carrier.
3.13. The carrier is obliged to ensure that all transport and technical resources, support, warning, protective and fortification materials, equipment, control and the recording equipment used to perform the contracted transport are in proper working condition and meet the requirements in the countries of crossing.
3.14. The carrier is obliged to provide all permits and licenses required for the performance of transport.
3.15. The transport of dangerous goods carrier shall ensure that drivers are trained and licensed under the law, and vehicles are equipped with the necessary transport for the full set of basic and personal protective equipment with a valid expiration date under the Convention ADR.
3.16. The carrier is responsible for the security of cargo throughout transport and is required to control and doukrepva load according to safety standards.
3.17. The carrier is responsible for proper stowage of cargo load with tselnedopuskane axle overload.
3.18. It is not allowed to load trucks to be parked or left unattended on unguarded parking.
3.19. Traffic accidents, theft, damage of any species differences in the amount of loading, inability to supply, respectively. late delivery and any ostoyatelstva that could lead to breach of contract conditions of carriage, the carrier must notify us immediately by phone and then in writing.
3.20. In accident, fire or theft carrier shall notify the local police restrictive.
3. 21. According to Article 8 of the Convention CMR, the carrier is required when adopting the load to verify the correctness of the loading data on the number of packages and see the external condition of the goods and their packaging. If you do not have the means to check the condition of the cargo carrier fits the bill of lading observations which must justify.
3.22. Compensation for stay will be recognized by us only on the grounds of a prior written agreement. Asserted compensate for the stay will by agreement. Compensation for stays are paid only for working days (Monday-Friday). For Saturdays, Sundays and holidays are not paid compensation.
3.23. If you fail to comply with the term for loading, we have right on your behalf to file for loading another vehicle.
3.24. Unreserved defense of the interests of the customer and compliance with commercial neutrality are an integral part of every request for transport. Carrier is prohibited to enter into direct or mediated contact with the client or the sender, respectively. consignee to conclude future trade or transport-forwarding contracts and cooperation. The ban comes into force from the moment of acceptance of the application and is valid one year after the completion of transport. If the carrier violates this provision of the contract and enter into direct or mediated contact with the client or the sender, respectively. consignee, shipper is entitled to seek compensation amounting to 10,000 euros for each violation. In case damages in a larger size to you can be brought for the remainder of the amount.
4. Measures for predotvartyavane smuggling
4.1. The driver must be present during the loading of the car to its sealing and should have scored on the transport document all discrepancies according to the CMR and TIR.
4.2. If sealed under customs seal, it can be removed only by a customs officer at the office.
4.3. In any case, the seal can be removed only by the customs authorities and / or the consignee of the place of unloading.
4.4. The driver must not allow contraband / cigarettes, alcohol, etc. / Or persons in the cabin or cargo compartment of the car.
4.5. Upon suspicion of smuggling must immediately inform us in writing.
4.6. In the cargo space must be located only in the descriptions in transport documents load. In discrepancy load as specified in the transport documents and / or transport order must inform us in writing immediately.
4.7. The carrier is responsible for all actions of the driver.
4.8. In the case of smuggling carrier is liable for all fines and consequences under the law, moreover we reserve the right to lodge claims in the amount of 50,000 euros and withhold payment of any or all amounts due made to currently transport.