General Terms and Conditions of Logistics
These General Terms and Conditions of logistics services constitute a binding part of the contract agreed between the Client and the Company, and the parties commit to fulfill it.
SCOPE OF APPLICATION OF THESE CONDITIONS:
These general conditions apply to all logistic services offered by SPACE CARGO and its branches in its capacity as Logistics Operator of Goods for any of the following activities: transport, customs, AEO, warehousing, logistics, distribution or any other activity that the company can provide and can be applicable.
These terms are available to clients and general public in any office of SPACE CARGO in Spain and also on the website of the company (www.space-cargo.com).
In addition, they are registered in the Book of the Register of General Contract Conditions of Barcelona.
a) Company: It means SPACE CARGO, as well as the different branches, agents and representatives of the group.
b) Client: It means the person whom the company provides services.
c) Shipper/Sender: It means the person who contracts the performance of a transport on its own behalf and in front of which the carrier agrees to provide it.
d) Carrier: it means the person who assumes the obligation to perform transport on its own behalf irrespective of whether he provides the service on his behalf or contracts its performance with other parties.
e) Recipient/consignee: It means the person to whom the carrier must deliver the goods at the place of destination.
1. GENERAL PROVISIONS
1. GENERAL PROVISIONS
1.1. If there were no specific instructions, SPACE CARGO can choose itineraries, ways and means of transport which, in its opinion, are the most appropriate to perform carriage and/or delivery of the goods in the best conditions.
1.2. Goods will always travel at the risk of the sender and/or recipient and insurance will only be taken out under instructions in writing.
1.3. If the consignor or consignee don't take charge on arrival of all or part of the goods, they shall be left at the risk of shipper or person concerned, subject to the provisions of Law or, where appropriate, in the uses of trade observed in the place of delivery.
2. DESCRIPTION OF GOODS AND PACKING
2.1. SPACE CARGO is guaranteed accuracy of the declaration of goods in terms of their characteristics, description, marks, numbers, quantity, weight and volume, and the sender and/or recipient is responsible for loss, destruction, damage and/or penalties that inaccuracy of the data above mentioned may cause to third parties, as well as the inaccuracies resulting from inadequate, defective, or misused packing which cause harm or damage to the goods or handling equipment or means of transport, even if such inaccuracies or deficiencies appear in operations not directly executed by CARGO SPACE whom any additional costs incurred by such causes will be well compensated.
2.2 Orders of loading of dangerous goods must be pre-alerted by the shipper 24 hours before the time required for conventional goods. Each consignment of dangerous goods must be within the ADR/IMDG regulations that are currently valid. The shipper is the only responsible for compliance with applicable law, in packaging, documentation, trademarks, waybills and other requirements necessary for the transport of those goods, especially exempting SPACE CARGO from any liability arising from failure with third parties.
In case of failure or insufficient information, the shipper shall be responsible for damages caused by the goods, and SPACE CARGO is entitled to be reimbursed for expenses caused for that reason and will be relieved of any liability if the goods should be downloaded, destroyed, neutralized or rendered harmless, as circumstances require, and without payment of compensation.
2.3 The warranties and obligations of the shipper included in the above points are extended in the shipments to the US. The shipper will be responsible for the requirements of prior information and documentation necessary to import in that country that at any given time the authorities request, and he shall answer for its accuracy and timeliness. In addition, the shipper will be liable for all costs and damages arising from any breach and SPACE CARGO will be discharged for the consequences of failing to inform the US Customs of the consignment with the required prior notice or faults in the import documentation. In case of failure or insufficient information, the shipper will also be liable for losses incurred.
3.1. SPACE CARGO is responsible for detriments resulting from loss, damage or delay in delivery if the occurrence took place between the time they took over the goods and the time when the delivery occurs. However, it is not liable for the facts or acts resulting or arising from fault or negligence of the shipper or consignee; natural wastage and/or vice of things; strikes, lockout or other labor conflicts affecting the work; natural disasters, acts of God, thefts or any other cause SPACE CARGO hasn't been able to prevent or whose consequences can't be prevented by SPACE CARGO using reasonable diligence.
3.2. SPACE CARGO shall not be responsible for compliance with instructions given after the issuance of the shipping or transportation documents, and any contingency arising from such further instructions.
3.3. In the event SPACE CARGO had to subrogate liability aroused from facts or acts occurred during the execution of transport, it shall never exceed the responsibility taken over by railroad, shipping or road transport companies, airlines, warehouses, or any other intermediary involved in the course of transportation, according to the regulations and international conventions in force.
3.4. When the transport is carried by two or more different forms of transport, SPACE CARGO's responsibility will be applicable to the regulations of each phase or means of transport. When unable to determine the stage of the journey that ensued damage, the responsibility of SPACE CARGO will be determined by the provisions of Law 15/2009 on contracting land transport of goods. Also, the protest for loss, damage or delay in delivery of goods shall be governed by the regulations applicable to the transport means in which the delivery of the goods is or must be made.
3.5 In no event SPACE CARGO shall be liable for profit losses, consequential, indirect, exemplary or punitive damages and especially SPACE CARGO shall not be liable for any interruption in production, business or sale resulting from the delay, loss, theft or damage of the goods.
4. LIMITATION OF LIABILITY
4.1 SPACE CARGO's responsibility regarding loss or damage of the goods is limited at most to the amounts set out in the current legislation:
4.1.1. For land transport within Spain, the limitation provided in Article 57 of Law 15/2009, of a third of the IPREM per kilogram of gross weight of damaged goods will apply.
4.1.2. For international land transport, the limitation in the CMR Convention will apply, i.e., the amount of 8.33 Special Drawing Rights per kilogram of gross weight of damaged goods.
4.1.3. For international shipping, the limitation applied will be the Hague-Visby Rules or the regulations that develop them, i.e., the amount resulting greater after applying 666.67 Special Drawing Rights per unit of cargo lost or damaged declared in the B/L + 2 SDRs per kilogram of gross weight of distressed goods.
4.1.4. For domestic shipping, the same limitation of liability provided in the preceding paragraph for international shipping will apply.
4.1.5. In air transport, the limitation in the Montreal Convention will apply i.e., the amount of 19 SDRs per kilogram of gross weight of damaged goods.
4.2. If SPACE CARGO is responsible for damages resulting from delay in delivery, or any indirect loss or damage other than loss or damage of the goods, its liability is limited to an amount not exceeding the equivalent of the price of transport according to the agreement signed with SPACE CARGO.
4.3. The cumulative liability of SPACE CARGO shall not exceed the limits of liability for total loss of the goods.
4.4. These limitations apply to all claims directed against SPACE CARGO, whether the claim is based in contract or in tort.
4.5. In the event of a service of deposit and storage of goods, SPACE CARGO will limit its liability under the provisions of the Transport Planning and Coordination Act (Chapter I of RD 1211/90 applicable to auxiliary and complementary transport activities) to 4,5 Euros per kilogram of gross weight of damaged goods.
4.6. Verification of Gross Mass - VGM (SOLAS Convention), for which the shipper (defined as the loader, exporter, importer, holder of the bill of lading, owner and/or holder of the goods) guarantees the correctness of the declaration of content, weight and, especially, verification of mass according to SOLAS regulations. The shipper shall indemnify and hold SPACE CARGO harmless against any losses, damages or expenses, including attorneys' fees that arise or may arise from defects, errors or inadequacies in the loader’s declaration of the container weight.
5.1. It is noted that the contractor of the service may arrange a contract of supplementary insurance to cover the value of goods transported, and the value must be declared and the corresponding premium must be paid.
6. PRICE OF SERVICES CONTRACTED
6.1. Transport and other services covered by the SPACE CARGO activity are hired under current fees at the time of hiring and within the limits provided. In case no fees exist, the hiring will be done at usual charges or market prices corresponding to the place where it is made. The additional costs incurred as a result of events or circumstances occurred after the date or, where applicable, the date of issuance of shipping or transport documents shall be borne by clients, provided that they are duly justified and not due to the fault or negligence of any of those who have been involved in the provision of contracted services.
6.2. The payment of all expenses and services provided by SPACE CARGO shall be made in cash, unless special conditions are previously agreed.
6.3. SPACE CARGO has rights of pledge and/or retention on goods for all amounts that are due in accordance with the services assigned by the same shipper and/or consignee or the representatives of either. It may assert its right by any means it deems appropriate and admissible under the laws of the place where it exercises those rights or, alternatively, the place of expedition of the goods or the place where they should be delivered. If the goods are lost or destroyed, SPACE CARGO has the same rights above mentioned regarding the compensations paid by insurance companies, transport companies or others.
6.4. In case of delay in payment of any expenses and services provided by SPACE CARGO, the debtor shall pay default interest set by Law 3/2004 of 29 December on combating late payment in commercial transactions.
6.5A In addition, the deferral of payment of invoices shall be limited to the period agreed in each case with the client and may not exceed 60 days from the invoice due date or performance of service.6.5B The client may not compensate or refuse to pay for services provided to the expiration of invoices without the consent of SPACE CARGO.
6.6. The client shall pay not only the price of the services contracted with SPACE CARGO but also any additional costs duly justified occurred during transport. In particular, both the shipper and consignee shall be collectively responsible for the expenses incurred in delay of reception/retirement of container in the port of destination regardless of the terms agreed in the transaction with SPACE CARGO.
7. NOTIFICATION AND PRESCRIPTION
7.1. The actions for loss, damage or delay may not be exercised if at the time for presenting the respective expeditions the corresponding bookings had not been formalized. In the case of loss, damage or delay occurred in the practical conduct of transport, protests and bookings must be made in the terms and conditions set forth in the regulations and provisions of international conventions governing the transport means hired.
7.2. All actions relating to the services provided by SPACE CARGO prescribe/expire in the time lapse stipulated by regulations and, where appropriate, international conventions governing different means of transport, starting to run the limitation period depending on which rules or conventions are established.
8.1. The shipper and/or consignee expressly submit to the jurisdiction of the Courts of Barcelona, waiving other jurisdiction if any.
SPACE CARGO informs that data will be treated with the utmost confidentiality in accordance with SPACE CARGO's privacy and security policy, according to the Organic Law 15/1999 of 13 December, on Protection of Personal Data, and Royal Decree 1720/2007 of 21 December.