Terms of sale
1. Introduction.
1.1 The Freight Forwarder is a transport operator whose main activities are the organization and hiring of transport and the dispatch, receipt and storage of goods, always on behalf of their applicant clients.
1.2 Depending on the order received or the contract agreed, the Freight Forwarder can assume the role of the Contractual or the Performing Carrier, Agent or Advisor. They apply to the Freight Forwarder the existing rules in Spain applicable to any signed agreement, both regarding the rights and the obligations, and the Freight Forwarder will assume the responsibility for the contract he has signed in each case.
1.3 The contract with the Freight Forwarder is not subject to any formality.
1.5 The fact that the Freight Forwarder includes in the bill included concepts such as "Freight charges", "Freight", "Fixed rate", "Clearance", "Deposit", "Delays", payment of taxes and duties etc., will not undermine the status of the signed contract, that will be deducted in any case from the order received and from these General Conditions.
1.6 The goods are transported to the responsibility of the loader or the shipper. Therefore, they will be at expense of them or the person entitled to the goods, the damage and impairments that they may suffer in transit by accident, force majeure or nature and inherent vice of things. If the Shipper wants the goods to travel insured, under insured value, or with a specified delivery time, he must explicitly inform the Freight Forwarder, bear the costs and accept these instructions.
2. The Freight Forwarder as the Contractual or Performing Carrier.
2.1 It is understood that the Freight Forwarder acts as the Contractual or Performing Carrier, provided this has been expressly agreed in the contract of carriage signed with the client, and in addition, in the following cases:
a) In the Ground Transportation, when the Freight Forwarder appears as the carrier or forwarder on the collection sheet or in the transport documents, or has subcontracted transportation.
b) In other than Ground Transportation (sea, air or multimodal), when the Freight Forwarder issues its own bill of lading, where it appears as the Carrier.
2.2 When the Freight Forwarder acts as the Contractual or Performing Carrier, and incurs to the client, shipper, consignor and consignee the responsibilities arising from the contracted transportation, he will be applied the rules of liability applicable to the Performing Carrier in both the determination of that responsibility and its quantification, effects, limitations and exemptions under the law applicable to the means of transport used.
3. The Freight Forwarder as Agent.
3.1 It is understood that Freight Forwarder acts as a mere Forwarding Agent of the shipper or the consignee, where this has been agreed in the signed contract with the client or carrier, and in addition, in the following cases:
a) When, whatever the means of transport, his involvement is limited to make the goods available to the Carrier designated by the shipper or the consignee.
b) When, whatever means of transport, the Freight Forwarder is limited and appears as the consignee / receiver of shipping designated by the carrier, shipper, or consignee, provided that previously he has not assumed or continued dispatching transport. The Freight Forwarder is free to reject the consignment. If, on account of who has the right to dispose of the goods, he decides to accept the consignment, he will act in front of the Drawer Carrier merely as a commission agent on behalf of the payer.
c) Where, in maritime or air transport, his involvement is limited to managing the transportation on behalf of the Shipper, obtaining from the shipping agent or the airline company a Bill of Lading for the Shipper, without the Freight Forwarder appearing in that document.
3.2 When the Freight Forwarder acts as a mere Freight/Commission Agent, he shall not take any responsibility for the outcome of transport nor the state of goods.
4. The Freight Forwarder as a mere adviser.
The Freight Forwarder can also act as a mere adviser to the shipper or any other party without intervention in the hiring of transport or the collateral operations.
In this case, the freight forwarder shall assume the responsibilities of his position as adviser, but not those arising from contracts of transport or other that the client held with third parties.
5. Other responsibilities of the Freight Forwarder.
5.1 In the framework of the transport agreement, or the one that has been signed, and in the conditions herein, the Freight Forwarder accounts for estoppel against the injured party for any errors or omissions that have been committed and that may be the cause of an injury. The Freight Forwarder shall assume the expenses, freight charges, fines or delays the false issue would generate. In addition, if the goods are lost or damages as a consequence of the error, the Freight Forwarder shall respond to the conditions and impacts envisaged in each of the means of transport in which the merchandise has been or would have had to be transported. No other liability shall be assumed by the Freight Forwarder, whatever the consequences of the error.
The delay, unless otherwise agreed, will be compensated with the maximum of the Freight Forwarder fees or, where appropriate, the higher freight fee.
5.2 The liability of the Freight Forwarder in case of loss of goods occurred whilst the goods are in temporary storage in the custody of the Freight Forwarder or any outsourced warehouse will be determined under the rules for the main means of transport agreed or waiting to be agreed. It will be understood that the goods are in temporary storage, whatever the duration, if the storage is for the supply, carriage, consolidation or availability for a future transport agreement or if a specific storage agreement has not been expressly agreed. When the bill of the Freight Forwarder includes the concepts paid for "storage", it will be understood that the goods are subject to such contract.
5.3 The system of attribution of responsibility to the Freight Forwarder will apply both for contractual and tort liability. The sum of the responsibilities required of the Freight Forwarder by any general concepts is as limiting as the value of the goods.
5.4 The Freight Forwarder has its liability covered by appropriate insurance.
6. Freight Forwarder Rights
6.1 Freight Forwarder’s intervention fees are subject to free market rules, which may be implemented through the budget, offer or other form of agreement, without any formalities.
6.2 The payment of invoices issued by the Freight Forwarder must be due on the date fixed for its maturity. If it does not exist, it must be understood as a demand draft.
6.3 The goods carried or received by the freight forwarder are liable for the payment of postage, freight and costs that their transport or manipulation had generated, regardless of where they are located and who is entitled to them. This responsibility is reflected in a lien, deposit and pledge that the Freight Forwarder can draft in the required legal form, until the payment of their bills.
6.4 In the execution of the contract of transport is understood that there is an impediment to the delivery if the goods are seized or blocked by port authorities or by the customs authorities at the place of destination or transit, or any of scale. It will also be understood that there is an impediment to the delivery when the consignee or the consignee of the goods cannot be located, or refuses in whole or in part, or does not submit the relevant document to take care of them, or refuses to pay the freight or the shipping, and should. In these cases, the Freight Forwarder will immediately notify the client for instructions. The Freight Forwarder may set deposit of the goods at the risk of the client, in accordance with the laws or customs of the place designated for delivery or any other place which in his opinion, the deposit proves safer or more effective, and then he meets with the obligation to deliver. In the absence of specific instructions, the Freight Forwarder shall act in accordance with his best judgement; proceeding even abandonment, destruction or forwarding goods at origin and bearing the associated costs to the client.
6.5 The Freight Forwarder may refuse the reception of goods if, in his opinion, goods come with unauthorized packaging or if he suspects of the shipper's declarations on its content, weight and features. The mention of these deficiencies in the consignment note or bill of lading, exempts him from liability to the shipper and consignee.
7. Client Responsibilities.
7.1 The Client means the person or entity requesting the intervention of the Freight Forwarder, and against whom he assumes the obligations under the contract. The client can therefore act on behalf of him or others, and act and even build the character of the depositor, charger, consignor or consignee. In the event of freight due, the client will pay the bills of the Freight Forwarder.
7.2 The client agrees and is responsible for the accuracy of the descriptive data of the goods, weight, volume, quantity and package marks. Specifically, he assumes the responsibility for declaring the classification of dangerous goods, incompatibilities, limitations or features. Any damage caused by failure or irregularities in these statements are the responsibility of the client. Likewise, he is liable for costs and damages resulting from the testing or inspection of declared data and/or goods by Authorities and/or carriers of different countries and means in which the goods are transported. The sole responsibility of the client will also apply to the other figures with which they can act, if they are different people.
7.3 In the event of impediments in the delivery of goods -in the form set out in 6.4-, any expenses that become due for a possible change of consignment, delay, storage, return, destruction or any measures that should taken over the goods shall be assumed by the client.
7.4 The rights, responsibilities and obligations of the client jointly extend the consignor or shipper appearing on the transport agreement with such character.
7.5 The terms of sale agreed between seller and buyer shall not distort at all the obligations assumed by the client in the transport agreement.
8. Prescriptions
8.1 Unless the law applicable to the contract indicated expressly, or within a computer system or different deadlines, the limitation period for actions under the transport agreement shall be one year and it runs from three months of the date of the agreement or from the date specified in the invoice as the date of payment.
8.2 Any action against the Freight Forwarder based on own errors or omissions, or improper performance of the agreement which he was charged or delivery of goods, shall also prescribe a year later. In these cases, the period shall run from the day the goods are delivered to its destination or should have been delivered, whichever was the later date.
8.3 The Freight Forwarder shall not be liable for damages if the recipient has not fulfilled the way of the delivery of goods, conditions and legal terms, the corresponding reservations, or has not met with the conditions that make possible the exercise of the route of return or repetition.
9. Jurisdiction.
Any action against the Freight Forwarder may be brought before the courts of his domicile, resigning the client on its own behalf and on behalf of whom it may concern, any jurisdiction which is not directed. In the case of an own action or a repeated one to be brought by the Freight Forwarder, the Spanish procedural or substantive rules, whether national or international, shall be applied.
When the dispute does not exceed 6,000€ - it will be u8nderstooid that there is agreement submitting to arbitration of the Arbitration Boards of the domicile of Freight Forwarder, provided that either party has not indicated to the other his will to exclude the implementation of the transport before it begins or should begin.
In disputes with a value exceeding 6,000€ - the contracting parties may expressly agree the submission to the mentioned arbitration, or other arbitration institutions.
10. Applicable law.
The law applicable to contracts entered into by the Freight Forwarder will always be the Spanish.
The Freight Forwarder shall be applied, first, the rules and references included in the transport document (Airway Bill, Bill of lading, custom form, etc). Secondly, the present General Conditions, and finally, national or international law in force in Spain for the means of transport actually used or agreed. The domestic shipping or coastal shipping will be governed in any case as international shipping was involved. In any case, the Freight Forwarder shall be subject to foreign laws.