GENERAL HIRING CONDITIONS
FIRST – As regards the provisions set forth in the waybill or in the bill of lading, this contract of carriage shall be regulated by the provisions of the CMR Convention.
SECOND – The carrier acknowledges understanding of the provisions of the aforementioned convention, and in particular:
– The obligation to be present during LOADING and UNLOADING and to verify the amount of goods loaded in the vehicle and their apparent condition. If said verification cannot be provided, the carrier’s reservations must be entered on the CMR waybill. Goods that have not been properly prepared for shipping should not be accepted for transport.
– Unless expressly agreed otherwise, the carrier must not perform loading or unloading procedures. The carrier will be held fully responsible for any damage done to the goods as a result of improper handling in loading or unloading.
– The carrier will be held responsible for damage or wear to or loss of goods, except when such damage or loss is the result of force majeure, unforeseeable circumstances or any of the exonerating circumstances provided for in the Convention. The carrier must, in such cases, prove the concurrency of the circumstances. In general, force majeure does not include accidents, theft or the breakdown of the vehicle being used for carriage.
– The maximum liability of the carrier for loss of or damage to goods will be 8.33 u.c./kg, except when a declared value for the goods being shipped has been included in the bill of lading.
– In the event of problems with goods delivery, new instructions should be requested from ALL SCANDCARGO, S.L. Such instructions may include delivery to a different destination, including a different city, following the adjustment of freight charges for the new destination (the proportional amount per km traveled will be paid).
THIRD – The carrier must hold the corresponding valid transportation clearance, a copy of which must be provided to ALL SCANDCARGO, S.L. before carriage begins. The carrier likewise undertakes to comply with all applicable administrative transport regulations, in all respects, during the execution of this contract.
FOURTH – The carrier must provide ALL SCANDCARGO, S.L. with the supporting declaration showing that he is up to date on his tax obligations as provided for in article 43 of the General Tax Law. He must also provide a similar declaration from the Social Security office, as provided for in article 42 of the Redrafted Text of the Law on the Workers’ Statute.
FIFTH – For payment of the freight charges agreed upon in this contract of carriage, the carrier must attach to his invoice THE ORIGINAL bill of lading or CMR, duly completed, signed and sealed by both the consignor and the consignee as acknowledgment of the receipt of goods. Terms of payment are 60 days f.r.f., payable on the 25th of the month (starting upon receipt of ALL of the documents relating to the carriage in question: CMR, delivery note, pallet voucher, attestation of the Gayssot Act and supplier’s invoice…).
SIXTH – ALL SCANDCARGO, S.L. and the carrier agree to submit all disputes to the arbitration of the Valencia Transport Court of Arbitration, waiving any objection to venue or jurisdiction.
SEVENTH – This document is a binding contract and shall thus serve as evidence in any dispute that may arise from the performance of carriage, without prejudice to the specific conditions provided for in the CMR bill of lading.
EIGHTH – Any attempt by the carrier or the carrier’s company to do business directly with our clients-consignors-consignees in relation to this shipping order shall be grounds for ALL SCANDCARGO to take legal action. We therefore understand, for the above mentioned reasons, that the present collaboration will be carried out within the framework of neutrality with regard to our clients-consignors-consignees. ALL SCANDCARGO is covered by the Spanish Data Protection Agency, in strict compliance with the Data Protection Act. The self-employed carrier, as well as the company and the company’s administrator hiring this carriage of goods, therefore take responsibility for the full confidentiality of our clients, and understand that they may receive penalties of between €900 and € 4.000 for minor offenses, €4,001 and €30,000 for serious offenses, and € 30.001 and €60,000 for very serious offenses, in addition to any damages payable for the carrier’s actions.
NINTH – The carrier accepts responsibility for any penalty that may be imposed for overweight, tachograph, missing documentation or violation of national or international regulations; for the total value of the goods if the client files a notice of claim because carriage has not been fulfilled under the agreed conditions; or for the immobilization of the vehicle by the competent authorities of each country. The carrier will be held liable in a court of law for non-compliance with the clauses signed in this contract. The carrier, with his cargo policy, assumes the total value of any damage to the goods or to third parties as the result of theft, stolen goods, accident, moisture damage, damaged packaging, poor load packing due to improper stowage, damage to perishable items, etc.
TENTH – The Gayssot Act: For carriage in the territory of France, the carrier must sign the “ATTESTATION OF THE GAYSSOT ACT” in order to collect payment from our French clients. He must also enter “ALL SCANDCARGO” as the carrier in boxes 16 and 23 of the CMR. The carrier must include this document with the original travel documentation (signing this document ONLY implies that our carrier will not seek redress from our French client).
ELEVENTH – In the event of cancellation by the carrier, a penalty of 50% of the agreed rate will be imposed, with a minimum penalty of €500. Consent for carriage by the carrier will be implied if the carrier does not refuse the waybill within thirty minutes of receipt.
TWELFTH – If the carrier does not return the pallets within fifteen days of the date of carriage (date justified in writing and signed by the consignee), he will be automatically billed €12 per pallet.
THIRTEENTH – We reserve the right to settle all costs we charge you with against outstanding transportation invoices
FOURTEENTH – The carrier has read and understood all of the clauses contained herein, and consents to provide the carriage authorized in this contract.
ALL SCANDCARGO S.L. C/Don Juan de Austria 38-4º, puerta 6. 46002 Valencia (España)
Tel. 902 91 00 18 / 96 206 22 85 Fax. 96 206 25 36