Terms of transport of goods Transports, moving
I. GENERAL TERMS
Article 1: Validity of General Terms.
a) These General Terms and Conditions apply to transactions with traders for all the operations of the Forwarder related to its custody transport.
b) The General Terms prevail over any different local commercials customs and business ethics, as well as different pieces of legislation provisions and provisions of international conventions, unless they are compulsory law.
Article 2: Transfer Agreement.
a) Transfer assignment is the contract by which the Forwarder undertakes for a fee the obligation towards the sender or his recipient of the goods, to transport them to the place of destination, no carrying out the transfer himself, but finding it carrier who will transport them and with whom he concludes the contract of carriage in his own name but on behalf of the consignor or of the recipient.
b) The Forwarder may enter as the carrier in the execution of the transfer.
Article 3: Execution of related tasks by the Forwarder.
a) The Forwarder undertakes, by special agreement, except transport supervision and all ancillary operations. Indicatively transhipment, storage, customs clearance, insurance and other related work.
b) The General Terms and Conditions apply to the operations of the Forwarder associated only with the transfer custody, unless agreed otherwise in writing with the principal.
Article 4: Obligations of the principal.
a) The conclusion of the contract of transport custody by the Forwarder binds the principal.
b) The principal shall bear all costs and expenses incurred during the execution of the transfer custody contract.
c) The principal must act as required for its execution contract. The Forwarder is not responsible for any consequences that may occur arise due to non-compliance or late payment of obligations of the principal.
Article 5: Instructions of the principal.
The Forwarder is obliged to follow only the instructions of the principal resulting from the contract of carriage and contained in her. In case of lack of instructions of the sender to the Forwarder the latter decides at its discretion. THE principal is responsible for any consequences that may arise from wrong or inadequate instructions.
Article 6: Mandatory elements of the mandate.
a) The order given to the Forwarder must specify the exact address of consignor and consignee, place of loading and delivery, the type of goods, the quantity, the content of boxes, their dimensions, their gross weight and everything else necessary element required for the performance of the contract transport management. Liability for damages due to incomplete or incorrect information is provided by the principal. Unless given relevant written order, the Forwarder is not obliged to check or fill in this information or other statements of the principal.
b) The Forwarder is obliged to weigh the goods only if there is a written order.
c) The Forwarder shall indicate in the receipt issued by its contents, value, quantity, weight or packaging transported goods according to the statement of the principal.
Article 7: Transported goods.
a) The Forwarder is not obliged to undertake the transport of goods which may cause damage to persons, animals, other goods or which is prone to deterioration or deterioration, unless present prior written agreement. If such goods have been given to the Forwarder without prior agreement, the Forwarder entitled, if the circumstances so require, to proceed with sell them or even, in case of imminent danger, proceed in their destruction. The principal is responsible for any damage that incurred and bears all relevant costs.
b) If due to incorrect or insufficient instructions the Forwarder undertook the care of the transport of goods which by their nature do not can be accepted, or can only be accepted under special conditions, such as e.g. explosive, flammable, corrosive, radioactive evaporating elements or substances, the order must be considered invalid. If the transfer still takes place, the Forwarder is not responsible for any damages and costs that may arise. On the contrary reserves the right to take all necessary measures for protection of other transported goods, persons and the environment, the no costs are borne by the principal.
Article 8: Burden of proof.
The Forwarder is not liable for damages due to verbal orders, instructions or notifications of the principal, unless were confirmed in writing by him.
Article 9: Address of the principal.
The principal is obliged to state to the Forwarder his address or change of address without delay. Otherwise it is valid the last address given to the Forwarder. The Forwarder does not is liable for damages due if it was given incorrectly address by the principal or inadequate or incomplete information about the change of address of the principal.
Article 10: Sending documents.
a) The Forwarder is not obliged to send the letters registered or insure the transfer of documents, unless there is a written one mandate.
b) The Forwarder is not obliged to check their authenticity signatures on statements relating to the items being transported or to others written texts or check the authority to sign them unless otherwise agreed in writing.
Article 11: Withdrawal of mandate.
The principal has the right to revoke the order at any time, except if the Forwarder has committed with third parties to perform the contract transport management. In this case, the principal is responsible for everything the costs and expenses incurred as well as with any positive or deposit damage that may arise from the revocation of the order.
Article 12: Group transport of goods.
The Forwarder is entitled to take care of their transportation goods with the GROUPAGE system, ie in groups with other goods, which belong to more than one principal, if not agreed writing the opposite.
Article 13: Assignment of claims.
The assignment of the principal's claims against the Forwarder to third parties as well as the raising of claims against the Forwarder in the name or for a third party account is only possible if rights are established against the Forwarder under these General Conditions and no others that may arise from separate agreements under the contract.
Article 14: Special arrangements for transport to and from port.
a) When it comes to transport from and to port the loading and unloading performed in accordance with applicable regulations and operating conditions of each port and under the terms of the consignment note or charter agreements issued by shipping or ship-owning companies.
b) The agreed prices do not include additional costs that come from the loading, transhipment or unloading of the goods by during the night, weekend or public holidays, etc.
c) When the Forwarder undertakes the care of their transport goods at the port of shipment of goods, is not responsible for possible delays of the ship, for insufficient loading, delay prohibition of departure of the ship, for storage costs, unloading or for any damage that may be caused by shipping companies or their agents. All the above special expenses are borne by the principal.
II. BENEFITS - AMOUNT PAID
Article 15: Freight Forwarder Fee, Expenses.
a) The amount of the Freight Forwarder for the execution of the assigned in this mandate is determined by agreement of the parties.
b) Except for explicit agreement to the contrary, the fee and expenses are prepaid upon receipt of the goods when the ordering party is the consignor and before delivery of the goods when the ordering party is the consignee.
c) The Forwarder invoices are paid in cash. The principal becomes overdue no later than 15 days after the invoice is issued, without the need for prior extrajudicial notice or other condition, unless it occurs earlier in accordance with the law. In case Delayer has the right to claim interest arrears.
Article 16: Price and supply agreement.
a) Offerings of the Forwarder and agreements regarding prices and benefits always concern only the explicitly mentioned benefits of the Forwarder and / or third parties and, unless otherwise agreed, only goods normal volume, normal weight and quality. These offers presuppose normal and unimpeded conditions throughout its duration transport. For ancillary fees and expenses must be made special reference. The payment of duties, taxes, royalties and expenses of third parties as well any provision of special services is the responsibility of the principal.
b) Possible price increases in carrier fares or customs customs duties, changes in foreign exchange rates, taxes, charges etc. that were impossible to have foreseen in advance justify such adjustments to his remuneration and expenses Forwarder.
Article 17: Refusal to accept.
If the consignee refuses to receive the transported goods, the The forwarder has the right to return them to the principal, at a cost of the principal. For the return of the goods the risk is borne by principal. The principal is also responsible for any expenses due to refusal of the recipient to receive.
Article 18: Offsetting.
The requirements for the remuneration and expenses of the transporter from the care of the transport are not offset.
III. DELIVERY OF GOODS
Article 19: Delivery of goods.
a) The delivery of the goods takes place with their signature shipping documents or delivery of the operative part to the consignee who referred to in the above shipping documents or any listed trustee his.
(b) if the consignee refuses to receive the goods or for a reason, for for which the Forwarder is not responsible, their delivery will not take place goods, the goods are placed at a place of his choice Forwarder risk and costs of the principal and the Forwarder does not is obliged to insure them. The Forwarder is also not responsible for auctions, confiscations, etc. which can be imposed on goods in accordance with the laws in force in the country that does not these were delivered.
Article 20: Delivery of goods by cash on delivery of their value.
The delivery of the goods with cash on delivery of their value, presupposes special and explicit order of the principal-loader. Only "C.O.D." (cash on delivery) on the commercial invoice is not an obligation delivery of goods by cash on delivery to the Forwarder.
IV. DEADLINES, OBSTACLES
Article 21: No guarantee for deadlines.
Except for a prior written agreement, the Forwarder does not guarantee either specific delivery date nor a specified order priority for the execution of the transfer. The simple indication of time delivery by the principal, does not constitute an obligation for the Forwarder. THE Forwarder is not responsible for the consequences that result from incorrect information given by carriers or agents on the dates or conditions of loading, unloading or delivery of goods.
Article 22: Failure to comply, defective performance.
Facts that are not due to the fault of the Forwarder, due to who is unable to fulfill in full or in part the obligations release him for the duration of the stay obligations under orders which have been affected by above facts. Also in these cases, he has the right Forwarder to withdraw from the contract, even in the case who has partially fulfilled the mandate. In this case, the Forwarder has the right to claim the costs incurred.
V. INSURANCE OF GOODS.
Article 23: Goods insurance.
a) The Forwarder is obliged to insure on behalf of the principal the goods only if he has been given an express written order, in which the insurance value and the risks covered.
b) The fact of insurance of previous shipments of the same principal does not implies the obligation of the Forwarder to insure the subsequent transfers of the same principal. The simple reference of their values goods can also not be considered as an order for insurance.
c) Upon receipt of the insurance policy, the Forwarder does not undertake them obligations of the insured. However, he is obliged to take everything necessary measures to maintain the insurance claim.
d) If the covered are not specified in writing by the principal risks, the insurance of the goods is done for the ordinary risks and exceptions as determined by the contracting party insurance company.
e) The Forwarder can never be considered a co-insurer.
VI. TEMPORARY STORAGE
Article 24: Temporary Storage in private or foreign warehouses.
a) The temporary storage is done at the choice of the Forwarder in his own or foreign warehouses (private or public).
b) If the Forwarder has temporarily stored the goods in a foreign one warehouse apply to the relationship between him and his principal themselves terms, which apply between him and the foreign store. THE Forwarder must send the storage conditions to principal, if requested.
c) Obligation of the Forwarder for security or safekeeping of the warehouses spaces exist only if they are his own or rented by him places and only if this is required in good faith and transactional morals or claimed by the principal.
Article 25: Entrance to the warehouse.
Any inspection or sampling of the goods that must take place during which they are temporarily stored, it must have previously agreed and executed only with his accompaniment Forwarder or his employee to whom he gave a similar order.
Article 26: Right of sale of temporarily stored goods.
a) In case of temporary storage that the holder of the goods refuses to receive them, the Forwarder is entitled to proceed to sale of them, after the lapse of six (6) months, if it sends to this registered letter at least one month before its expiration semester.
b) The consideration of the sale of the goods will be attributed to beneficiary thereof, after deducting his rights and expenses Forwarder.
Article 27: Securing the requirements of the Forwarder.
The Forwarder has for each overdue claim that arises against the execution of the contract of custody, legal pledge and right of retention on the principal's goods. The above privileges ensure not only requirements of any kind related to the goods which the Forwarder has in his possession, but also those that concern the goods already delivered. In case of loss or damage of the goods, the claims of the Forwarder are satisfied and from any insurance compensation paid.
VIII. LIABILITY OF THE TRANSPORT
Article 28: Extent of responsibility.
a) The Liability of the Forwarder is limited or exempted accordingly with the previous provisions or the provisions that follow. THE Forwarder is liable when the damage is due to deceit or gross negligence of himself or his employees.
(b) The provisions of the international transport conventions governing limitation or release from the carrier's liability, have immediate application and on the responsibility of the Forwarder.
Article 29: Limitation of the Forwarder's Liability.
a) If the instructions of the principal contained in the Transfer agreement restrict the Freedom of action of the Forwarder, then it occurs corresponding reduction in the extent of his liability. In case of occurrence damage to goods that are causally related to its instructions the Forwarder is released from his responsibility.
b) The liability of the Forwarder or the carrier towards the principal, no may exceed that of their agents or foreign correspondents in in relation to the laws, regulations, rules and customs which apply in the country of the aforementioned agents and foreign correspondents.
Article 30: Limits of liability.
In case of liability of the Forwarder due to damage, loss or delayed arrival of the transported goods both when this due to the personal responsibility of the Forwarder as well as to the responsibility of third parties carriers entrusted with the execution of the transfer, h The compensation due is limited to the limits set by the international conventions ratified by Greece by law and regulate the relevant transport contract.
Article 31: Goods of high value.
For goods whose value exceeds the maximum liability limits of the carrier provided for in the international conventions they have ratified by Greece by law, as well as for money, documents, Securities, works of art and jewelry are the responsibility of the Forwarder only if he was given in time by the principal a written indication of their value transported goods so that it was able to decide on acceptance or rejection of the order, in writing.
Article 32: Exemption of the Forwarder from his responsibility.
1) The liability of the Forwarder is excluded:
a) For damages due either to theft in the sense of art. 374 items c PK or in robbery in the sense of art. 380 PK.
b) For damages due to the existence of legal or administrative obstacles and difficulties in executing the contract (lack or delay receipt of documents, customs clearance documents, import or export approvals etc). Also, the Forwarder is not responsible for transport costs, expenses customs clearance, fees, taxes and other costs wrongly imposed from the beginning.
c) For loss or damage of things due to his fault consignor at loading or defective or defective or defective packing. The Forwarder is authorized in such cases to accepted by carriers, warehousers and consignees in general, reservations about the packaging of goods.
d) For damage that would not be prevented, even if the Forwarder had paid the ceiling of diligence and attention, even if had taken the necessary measures to prevent damage or was objectively impossible to obtain.
e) For damages due to outdoor storage, if such storage had been agreed, or if another custody was impossible due to the type of goods or due to circumstances.
f) For damages due to force majeure, effects of bad weather, damage to machinery, wiring, impact of other goods, damage to animals or physical deterioration of the goods. In these cases the Forwarder is only liable if it is proven that he caused the damage. g) For damages due to slight negligence of the Forwarder or added to it.
h) For damages that took place inside port, customs or other public warehouses.
2) If according to the circumstances it was possible to cause damage by them above risks, it is presumed that the risk occurred from them above risks.
Article 33: Termination of the Forwarder's Liability.
The Forwarder's liability terminates with the actual and unreserved receipt of the goods by the consignee as defined in Article 19 hereof.
Article 34: Immediate, written notice of damage.
a) All damages, even those that cannot be ascertained externally, must be notified in writing to the Forwarder immediately upon delivery of the goods. If the delivery of the goods took place from the Forwarder, the notification of the occurrence of the damage must done to him in a period not exceeding six (6) days.
b) In case of non-compliance with the above obligation, it is presumed that the damage occurred after the delivery of the goods.
c) If the notification of the occurrence of the damage is made in a periodical point at which the Forwarder can no longer turn against third parties, the Forwarder bears no responsibility for the consequences.
Article 35: Inclusion of benefits.
In cases where the compensation to be paid by Transporter for the damage amounts to its full value the Forwarder is obliged to pay it only if his transfer of ownership of the goods and assignment of claims, including insurance in relation to the goods, of principal or consignee against third parties.
Article 36: Transporter Liability in combined transport.
On a transfer performed under a single contract (combined transport) the Forwarder is responsible for damage or loss of in accordance with the law governing his responsibility carrier during the last stage of transport.
Article 37: Limitation period.
a) Claims against the Forwarder are barred in accordance with the deadlines set by law or international conventions.
b) The limitation period begins, in case of total loss from the day on which the goods were to be delivered, to any other case from the day on which the goods delivered or offered to the recipient.
X. PLACE OF FULFILLMENT, JURISDICTION, APPLICABLE LAW
Article 38: Place of performance, jurisdiction, validity of Greek law.
a) Place of fulfillment of the Transit contract is for all parties h seat or branch of the Forwarder to which the transfer order.
b) Court competent for disputes arising from the contract Forwarding or being related to it is, for all parties, the court at the place of residence of the Forwarder, with the without prejudice to the exclusive jurisdiction clause of the issued consignment notes. For claims against the Forwarder is solely responsible this court.
c) Greek law applies to the legal relations between the Forwarder and the principal or his successors.