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General Terms and Conditions for Freight Forwarding
These General Terms and Conditions apply to all Freight Forwarding Services performed by A.R.T. Business Group (A.R.T. Logistics) – hereinafter the Freight-Forwarder, its sister, holding or associated companies. Freight Forwarding Services means services of any kind relating to the carriage, consolidation, storage, handling, packing or distribution of the goods as well as ancillary and advisory services in connection therewith, including but not limited to customs and fiscal matters, declaring the goods for official purposes, procuring insurance of the goods and collecting or procuring payment or documents relating to the goods.
In the absence of specific terms and conditions that may be issued by local A.R.T. Business Group (A.R.T. Logistics), locations (“Regional Terms and Conditions”) the present General Terms and Conditions are the governing terms and conditions of services that override any conflicting provisions. In the event that any A.R.T. Business Group (A.R.T. Logistics), office issues Regional Terms and Conditions, those will take precedence in their entirety.
2. Conclusion of the contract
These General Terms and Conditions are an integral part of the ORDER. Acceptance of the ORDER entails that the Customer surrenders its General Sales Conditions of A.R.T. Business Group (A.R.T. Logistics). Any provision included in Customers’ documentation subsequent to the ORDER, which modifies the present General Terms and Conditions shall be considered null and void.
The order must be given to A.R.T. Business Group (A.R.T. Logistics), in writing and contain full information as following, but not limited: kind of merchandise and descriptions or classification; value of the goods; type of packing with contents, numbers, quantity and weight (gross/net) of packages; addresses of shipper/consignee; place of receipt/delivery; general instructions and conditions in respect of shipment, mode of transportation; special instructions in respect of customs clearance, issue of documents, etc.
It is the responsibility of the Customer to transmit the above required information correct and complete. The Freight Forwarder shall carry out his services according to the Customer's instructions as agreed. If the instructions are inaccurate or incomplete or not according to contract, the Freight Forwarder may at the risk and expense of the Customer act as he deems fit. Unless otherwise agreed, the Freight Forwarder may without notice to the Customer arrange to carry the Goods on or under deck and choose or substitute the means, route and procedure to be followed in the handling, stowage, storage and transportation of the Goods.
No insurance will be effected by the Freight Forwarder, except upon express instructions given in writing by the Customer. All insurances effected are subject to the usual exceptions and conditions of the Policies of the Insurance Company or Underwriters taking the risk. Unless otherwise agreed in writing the Freight Forwarder shall not be under any obligation to effect a separate insurance on each consignment, but may declare it on any open or general Policy held by the Freight Forwarder.
If at any time the Freight Forwarder's performance is or is likely to be affected by any hindrance or risk of any kind (including the conditions of the Goods) not arising from any fault or neglect of the Freight Forwarder and which cannot be avoided by the exercise of reasonable endeavour, the Freight Forwarder may abandon the carriage of the Goods under the respective contract and, where reasonably possible, make the Goods or any part of them available to the Customer at a place which the Freight Forwarder may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of the Freight Forwarder in respect of such Goods shall cease. In any event, the Freight Forwarder shall be entitled to the agreed remuneration under the contract and the Customer shall pay any additional costs resulting from the above-mentioned circumstances.
5. The Freight Forwarder`s liability
The Freight Forwarder is not liable for acts and omissions by third parties, such as, but not limited to, Carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless he has failed to exercise due diligence in selecting, instructing or supervising such third parties.
The Freight Forwarder is subject to liability as principal not only when he actually performs the carriage himself by his own means of transport (performing Carrier), but also if, by issuing his own transport document or otherwise, he has made an express or implied undertaking to assume Carrier liability (contracting Carrier). However, the Freight Forwarder shall not be deemed liable as Carrier if the Customer has received a transport document issued by a person other than the Freight Forwarder and does not within a reasonable time maintain that the Freight Forwarder is nevertheless liable as Carrier.
The Freight Forwarder's liability as principal for other services
With respect to services other than carriage of Goods such as, but not limited to, storage, handling, packing or distribution of the Goods, as well as ancillary services in connection therewith, the Freight Forwarder shall be liable as principal:
1. when such services have been performed by himself using his own facilities or employees or
2. if he has made an express or implied undertaking to assume liability as principal.
6. Exclusions, assessment, and monetary limits of liability
The Freight Forwarder shall in no event be liable for:
1. Valuables or Dangerous Goods unless declared as such to the Freight Forwarder at the time of the conclusion of the contract,
2. loss following from delay unless expressly agreed in writing,
3. indirect or consequential loss such as, but not limited to, loss of profit and loss of market.
4. loss or damage to goods, which occurs whilst the goods are not in actual custody and control of the freight-Forwarder,
5. inherent vice and nature of the goods,
6. consequences of loading and unloading operations which the Freight Forwarder has not performed,
7. lack of, or defective packing, markings or stowage insofar as the Freight Forwarder has not executed the packing, markings or stowage,
8. War, revolution, rebellion, insurrection, usurped power or confiscation, nationalization or requisition by or under orders of any government or public or local authority,
9. natural disasters, acts of god, acts of robbery and other circumstances which the Freight Forwarder could not avoid and the consequence of which it was unable to prevent.
The value of the goods shall be determined according to the sales price as indicated in the sales invoice or, if there is no such invoice, the current market price at the time and place of taking over the goods or if there is no current market price, by reference to the normal value of the goods of the same kind and quality.
6.3. Monetary limits
6.3.1. Loss of or damage to the Goods
The provisions of Art. 5 notwithstanding, the Freight Forwarder shall not be or become liable for any loss of or damage to the Goods in an amount exceeding the equivalent of 2 SDR per kilogram of gross weight of the Goods lost or damaged unless a larger amount is recovered from a person for whom the Freight Forwarder is responsible. If the Goods have not been delivered within ninety consecutive days after the date, when the goods ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.
6.3.2. Limitation of liability for delay
If the Freight Forwarder is liable in respect of loss following from delay, such liability shall be limited to an amount not exceeding the remuneration relating to the service giving rise to the delay.
6.3.3. Other type of loss
The provisions of Art. 5. notwithstanding, the Freight Forwarder's liability for any type of loss not mentioned in 6.3.1. and 6.3.2. shall not exceed the total amount of 10 000 SDR for each incident unless a larger amount is received from a person for whom the Freight Forwarders is responsible.
Unless notice of loss of or damage to the Goods, specifying the general nature of such loss or damage, is given in writing to the Freight Forwarder by the person entitled to receive the Goods when they are handed over to him, such handing over is prima facie evidence of the delivery of the Goods in good order and condition. Where such loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within 6 consecutive days after the day when the Goods were handed over to the person entitled to receive them.
With respect to all other loss or damage, any claim by the Customer against the Freight Forwarder arising in respect of any service provided for the Customer or which the Freight Forwarder has undertaken to provide shall be made in writing and notified to the Freight Forwarder within 14 days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for him to comply with this time limit and that he has made the claim as soon as it was reasonably possible for him to do so.
8. Conditions of payment/lien
All monies due shall be paid without any reduction or deferment on account of any claim, counter-claim or set-off. This does not restrict the right of set-off with undisputed or legally decided claims.
The Freight Forwarder shall, to the extent permitted by the applicable law, have a general lien on the Goods and any documents relating thereto for any amount due at any time to the Freight Forwarder from the Customer including storage fees and the cost of recovering same, and may enforce such lien in any reasonable manner which he may think fit.
9. Time bar
The Freight Forwarder shall, unless otherwise expressly agreed, be discharged of all liability unless suit is brought within 9 months after the delivery of the Goods, or the date when the Goods should have been delivered, or the date when failure to deliver the Goods would give the consignee the right to treat the Goods as lost. With respect to other loss than loss of or damage to the Goods the 9 months period should be counted from the time when the failure of the Freight Forwarder giving right to the claim occurred.
10. Applicability to actions in tort
These Rules apply to all claims against the Freight Forwarder whether the claim be founded in contract or in tort.
11. Liability of servants and other persons
These Rules apply whenever any claim is made against a servant, agent or other person the Freight Forwarder engaged for the performance of the service (including any independent contractor) whether such claims are founded in contract or in tort, and the aggregate liability of the Freight Forwarder and such servants, agents or other persons shall not exceed the limit applicable to the service concerned as expressly agreed between the Freight Forwarder and the Customer or following from these Rules.
The terms of these General Terms and Conditions shall be severable, and, if any part or term thereof shall be held invalid, such holding shall not affect the validity or enforceability of any other part or term thereof.
12. Consolidated Cargo.
To realize consolidated cargo transportation the Freight Forwarder has the right to use the truck, railway, sea or multimodal mode of transport. Depending on terms of each transportation, the Freight Forwarder assemblage the cargo for transportation in consolidated warehouse. The cargo will be loaded into the vehicle, while general consignment is formed. Terms of assembly aren't guaranteed.
In case of delay in departure or delivery of the cargo, as well as cargo return to the departure point through no fault of the Freight Forwarder`s own, the Freight Forwarder is exempted from any liability. In this case, the Client has the right to cancel transportation by informing the Forwarding agent 5 days before, and compensate to the Freight Forwarder all the expenses.
13. Unforeseen Circumstances
In the event that the Freight Forwarder, in case of unforeseen circumstances, acts in the best interest of the Customer, extra costs and charges have to be borne by the Customer.
The Customer shall be deemed to have guaranteed to the Freight Forwarder the accuracy, at the time the Goods were taken in charge by the Freight Forwarder, of all particulars relating to the general nature of the Goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the Goods, as furnished by him or on his behalf.
15. The Customer's liability
The Customer shall be liable to the Freight Forwarder for all loss or damage, costs, expenses and official charges resulting from the Customer's inaccurate or incomplete information or instructions or the handing over by the Customer or any person acting on his behalf to the Freight Forwarder, or to any other person to whom the Freight Forwarder may become liable, of Goods having caused death or personal injury, damage to property, environmental damage or any other type of loss.
16. Disputes and mandatory law
Unless otherwise agreed, actions against the Freight Forwarder may be instituted only in the place where the Freight Forwarder has his principal place of business and shall be decided according to the law of the country of that place.