GENERAL CONDITIONS FOR PERFORMING OF CARRIAGE SERVICES APPLICABLE TO THE CARRIERS/CONTRACTORS OF
“STM GROUP“ LTD
The present General conditions (GC) represent an inseparable part of all requests for transport, which are made by ''STM GROUP“ LTD, UIC: 201915070 (referred to below “FORWARDER“) to the carriers/subcontractors (referred to below “CARRIERS“) and they are considered to be negotiated between the parties with the acceptance of a request for transport.
The following terms and definitionsin in the sense mentioned herein are used for the purposes of the current General conditions:
is “STM GROUP” LTD, UIC: 201915070, with headquarters and management address: Sofia city, 1592, region “Iskar“, 64 “Hristofor Kolumb” boulevard, building В1, office 101, e-mail: firstname.lastname@example.org, which is represented by the manager Irina Aleksandrova Velikova. The meaning of the term “FORWARDER“ within the present GC is not limited only to the definitions, which are contained in the norms of the Commercial law, concerning the settlement of the contract for forwarding and carriage.
means the contractor/subcontractor, who is employed or engaged by the FORWARDER by means of request for the performance of transactions and services organized by the FORWARDER.
represents the subject of carriage services, which is performed by the CARRIER in accordance with the current GCs, which also includes any packaging, container or facilities for protection of the cargo during its transport, its loading or unloading.
is the CARGO/GOODS, whose storage, handling or transport is regulated as a risky one by the law of the country of the consignor, by the consignee or by the country, through which the CARGO/GOODS passes, and also by the applicable international regulations.
are trucks, trailers and semi-trailers, containers and all other facilities, which are specially designed for the carriage of goods by land, water or air.
are all written requirements, which are given to the CARRIER by the FORWARDER and which are accepted by the CARRIER.
is the natural or legal person, who assigns the organization/performance of the carriage of the GOODS/CARGO to the FORWARDER.
is the natural or legal person, who owns the GOODS/CARGO at the time of performance of carriage.
I. SUBJECT AND SCOPE
The present GCs govern the rights and obligations of the parties during the performance of carriage services and related transactions, which are concluded between the FORWARDER and the CARRIER.
The present GC shall apply, in case, when the aforementioned transactions and services are performed in one of the following ways:
- For fee or free of charge;
- By expressed or implied arrangement or assignment;
- As a separate service or as part of another service;
- By assignment from the consignor, the consignee or other interested parties.
All activities and services, which are assigned by the FORWARDER to be performed by the CARRIER, as well as the concluded contracts and the signed between them documents are subject to the present GC and to the applicable imperative legal rules, including the Convention on the contract for the international carriage of goods by road (CMR), the Customs convention on the international transport of goods under cover of TIR carnets (TIR) and the European agreement concerning the international carriage of dangerous goods by road (ADR) /whenever this is necessary/ with all the resulting rights and obligations, including claims, unless the parties have expressly agreed otherwise and in writing. The Bulgarian law is applied for unsettled cases of the abovementioned acts, unless the parties have agreed otherwise expressly and in writing. The CARRIER unconditionally assumes that in the case of any assignment of an activity from the FORWARDER, regardless of the method of assignment, they conclude a contract with the FORWARDER, which is an inseparable part of the present GC.
II. RIGHTS AND OBLIGATIONS OF THE FORWARDER
The FORWARDER performs the activities and associated with them transactions – subject to the present GC, and then he can act in his capacity as:
– REPRESENTATIVE, in this case the FORWARDER acts on behalf of and on the account of the CLIENT and/or OWNER and is responsible only for his behavior in the performance of his authority;
– COMMERCIAL REPRESENTATIVE, in this case the FORWARDER acts on his own behalf but at the expense of the CLIENT and/or OWNER;
– OPERATOR, in this case FORWARDER acts on his own behalf and at his own expense.
The FORWARDER assigns the performance of the carriage services with the care of the good traderand within a reasonable time, unless otherwise agreed between the parties.
The FORWARDER is obliged to send a request containing all the parameters of the transported GOODS for each carriage, which is forthcoming to be assigned to the CARRIER. The request is considered accepted, if the CARRIER has not filed an objection within 1 (one) hour after receipt or explicit refusal in writing. With its acceptance, the CARRIER is obliged to fulfill it, according to terms and conditions of the request, the instructions of the FORWARDER and the present GC. After receiving the request, the CARRIER is obliged to send it to the FORWARDER by fax or email, signed by an authorized representative of the CARRIER, and within two days of its acceptance - in the original at the address of the FORWARDER. In the event that the CARRIER fails to provide a TRANSPORT UNIT at the loading address within the time limit, specified in the request, this is considered a delay and the CARRIER will be sanctioned according to article 20 of the present GCs. Without prejudice to any other rights provided herein /including those referred to in article 21 of present GCs/, in the event that the CARRIER fails to provide a TRANSPORT UNIT at the loading address within the time limit, specified in the request, the FORWARDER has the right to terminate the contract for transport at any time after the delay has occurred, with immediate effect, as well as to claim penalty in the amount of 500 /five hundred/ euro. In the event that the CARRIER refuses the request later than 1 /one/ hour after receipt, the FORWARDER has the right to claim a penalty of 500 /five hundred/ euro.
The FORWARDER is obliged to provide the necessary assistance to the CARRIER on issues related to the performance of the carriage services.
The FORWARDER has the right to control the performance of the assigned service at any time, to receive up-to-date information about the geographical location of the TRANSPORT UNIT with the GOODS, possible deviations from the deadlines of the carriage, expected delays in loading/unloading, to change the route during carriage, to give instructions to the CARRIER if necessary, as well as to load additional GOODS in the TRANSPORT UNITS, used by the CARRIER for additional payment.
III. RIGHTS AND OBLIGATIONS OF THE CARRIER
The CARRIER should lead his activities in a way, both legally and compliant with professional standards of industry. The CARRIER must comply with all international and local laws and regulations, applicable to the performance of the carriage and its relations with its employees and to maintain a safe system of operation in accordance with the guidelines of these laws and regulations. The CARRIER is obliged to acquaint the carrier and to give him detailed instructions for ensuring of the safe and secure transport, according to the present GC.
The CARRIER is responsible under the CMR Convention. The CARRIER must have a valid insurance "Carrier's liability" (CMR insurance) for the truck and trailer, with which the transport will be performed. If they do not have such insurance, the CARRIER shall be liable for the full amount of the suffered pecuniary damages for loss, failure and damages to the transported goods, and the FORWARDER has the right to withdraw the request for transport without incurring any penalty or indemnity for that. In addition, in the event that the CARRIER has no valid "Carrier's liability" insurance at the time of assignment, the FORWARDER shall be entitled to:
- conclude such a contract at the expense of the CARRIER with an insurer selected by the FORWARDER, in case the carriage has not yet commenced;
- insure the cargo during the carriage (cargo insurance) at the expense of the CARRIER with an insurer selected by the FORWARDER, in case the carriage has already commenced.
In either case, the FORWARDER has the right to deduct the insurance premiums paid by him for the respective insurance with the sums due to the CARRIER for the performance of the particular carriage or other carriages assigned to him by the FORWARDER.
The CARRIER is obliged to provide a technically upright TRANSPORT UNIT equipped with GPS, mobile phone or similar technology to ensure reliable and regular communication on the stage of performance of the assigned carriage, with a clean, dry and sturdy floor, clean, dry and tight cargo space,a sturdy tarpaulin, with load carrying capacity, according to the cargo declared for transport + 3,5 tons /in mechanized loading with an electric motor/. While the driver is at the loading/unloading address, he is required to have personal protective equipment for his safety (the standard ones contain a safety helmet, eye protection glasses, earplugs/antiphones, hard boom protective boots, gloves, reflective jacket), and to comply with the internal rules of the corresponding site. Otherwise, the CARRIER will be liable for all suffered damages.
The CARRIER is obliged to keep the cargo in good care from its acceptance for carriage until its delivery. To do so, the CARRIER is obliged to transport the cargo in an appropriate vehicle, subject to the relevant technical and sanitary hygienic requirements for its preservation in qualitative and quantitative attitude.
The CARRIER is obliged to provide and maintain all necessary permits, tolls and visas, required under the relevant applicable provisions in the relevant legislation for the carriage from the place of loading to the place of unloading, but also for the passage through transit countries. Otherwise, the carrier will be liable for any damage suffered.
14. The CARRIER has the obligation to fulfill the request with its own TRANSPORT UNITS. Hiring of a subcontractor is allowed only upon prior written permission from the FORWARDER. In the event of non-compliance with this condition, the CARRIER owes a penalty of 1 000 /thousand/ euro for each individual offense.
In cases where it is agreed to engage the entire vehicle, the loading of the vehicle with any other cargo than that specified in the application is prohibited unless the FORWARDER has given loading instructions later. In the event of non-compliance with this agreement, the CARRIER owes a penalty in the amount of the agreed freight for each individual offense.
Upon acceptance of the request for a carriage, the CARRIER agrees in the event of a claim for lack and/or damage of the cargo or delay in delivery or any other incompatibility with the conditions of transportation, as well as for damage to the FORWARDER's property, the CLIENT or third parties, that the FORWARDER keeps the payout, of any or all of the due amounts, owed to him under the same and other concluded contracts until the circumstances of the case have been clarified and resolved . Upon clarifying the case and signing a bilateral protocol that fully regulates the financial relationship between the FORWARDER and the CARRIER, the FORWARDER shall pay all sums due to the CARRIER within 5 (five) working days, deducing the amount of the claim for reclamation.
The CARRIER is obliged to inform the FORWARDER in writing about the location of the automobile daily at latest by 10:00 local time. In the absence of, or upon submission of incorrect information about the loading, movement or unloading of the vehicle, the CARRIER owes a penalty of 150 /one hundred and fifty/ euro for each non-fulfillment.
The CARRIER is obliged to inform the FORWARDER in writing, if possible in advance, of all expected delays in loading (any delays in a previous delivery; technical issue; need from rest; change of planned route; any restrictions and driving bans; lack of preparedness of the consignor or other events, which may delay the arrival of the TRANSPORT UNIT on time according to the deadlines in a transport request) or unloading, any deviations from the normal route and the agreed deadlines for performance of the transport, as well as possible additional costs, related to the transport that the FORWARDER should approve. If the CARRIER has not informed the FORWARDER for possible delays in loading or unloading, the FORWARDER owes no liability to the CARRIER for eventually suffered damages. If the CARRIER has not informed the FORWARDER of possible additional costs and/or has not received approval of the same, the FORWARDER owes no compensation for the additional costs incurred by the CARRIER.
The CARRIER is obliged to inform the FORWARDER in writing about the expected date of arrival of the automobile, at latest 1 /one/ day before the day of unloading, until 12:00 local time.
In the event of a delay from the side of the CARRIER to load and/or unload the cargo, the same is due to the FORWARDER penalty amounting to 150 /one hundred and fifty/ euro, for each commenced day of delay he will be additionally charged with 150 /one hundred and fifty/ euro. This penalty shall not restrict the FORWARDER to claim additional compensation for the costs incurred as a result of the delay of the CARRIER.
In the event of delay or foreseeable delay in the loading or unloading TRANSPORT UNIT, which is not acceptable for THE FORWARDER, the latter reserves the right to withdraw the request and to provide its performance to another subcontractor, in order to meet the agreed deadlines. Any additional costs resulting from this withdrawal, such as, but not limited to: higher transport costs, cargo overload and handling costs, will be invoiced directly to the CARRIER and deducted from the due invoices. If there are no invoices due to the CARRIER, the latter is obliged to pay the invoiced additional costs within 5 /five/ days of receipt of the relevant invoice by email.
The CARRIER declares and agrees that there is free time for loading/unloading, including customs clearance: 48 hours for non-EU countries; 24 hours for EU countries (weekends and public holidays are not included). In the event that loading/unloading or customs clearance has not begun or has begun but has not been completed within the free time, the CARRIER shall immediately notify the FORWARDER and request instructions. It is not allowed for the TRANSPORT UNIT to leave the loading/unloading address without written instructions and confirmation by the FORWARDER, otherwise the CARRIER will be penalized with a penalty of 500 /five hundred/ euro. Claims for the cost of staying by the CARRIER after the free time will be accepted by the FORWARDER only in the case of a clear entry in the bill of lading/or other similar document as a Standing card, confirmed by an employee at a loading/unloading address, stating the date and time of arrival/departure of the vehicle from the place of loading/unloading. The CARRIER is not entitled to claim subsistence costs in case of delay or earlier arrival for loading/unloading from the date and time provided in the application.
The CARRIER must provide the equipment required in the request. In the absence of such special requirement, the CARRIER must provide suitable equipment, taking into account all other terms of the request. The CARRIER shall ensure that all transport and technical means, auxiliary, warning, protective and fastening materials, facilities and equipment, control and recording equipment used for the performance of the agreed services of carriage are in impeccable technical condition and meet the requirements in the countries of loading, unloading and passing. On arrival of the loading address, if the vehicle is not equipped with the appropriate securing equipment for the cargo according to the request (belts, corners, safety boards, tires, etc.), the CARRIER is obliged to inform the FORWARDER immediately and obtain at his own expense with the necessary equipment as quickly as possible from the nearest supplier. In the event that the equipment is provided from the object of the loading, it shall be at the expense of the CARRIER and the amount paid to the FORWARDER shall be deducted from the amount owed to the CARRIER, the latter should indemnify the FORWARDER if there are no amounts due. If the request contains a request for a pallet change, the CARRIER is obliged to return the empty pallets back, otherwise he shall be liable for any damage suffered by the FORWARDER. Amounts of compensation for the incurried costs and etc. will be deducted from amounts due to the carrier if they are available.
In the transport of dangerous goods the CARRIER ensures, that drivers are trained and have the necessary equipment and a valid license/certificate under the law of ADR freight trainings, issued by an authorized institution and the vehicles are equipped with the necessary for the respective transport complete set of basic and individual resources for protection with a valid shelf life, in accordance with the European agreement concerning the international carriage of dangerous goods by road (ADR).The CARRIER is obliged to perform the carriage in accordance with all requirements, provided in the European agreement concerning the international carriage of dangerous goods by road (ADR). The CARRIER declares and ensures that his employees are aware of all requirements of the carriage regulations of dangerous goods and they are properly trained for safe handling and emergency response procedures.
The CARRIER on a particular transport is not entitled to offer to the CLIENT, the consignee, the consignor of the GOODS or other intermediaries, forwarders or carriers involved in this transport, directly/personally, by telephone, fax, email or third party, transport or forwarding services under conditions similar to those in the FORWARDER's request, for a period of at least 1 /one/ year from the date of the last transport for the FORWARDER. In case of non-fulfillment of the condition, the CARRIER owes a penalty of 10,000 /ten thousand/ euro for each violation. In case of damage in excess of the above mentioned penalty, the FORWARDER has the right to claim damages in the amount of the actual damage suffered.
The CARRIER is responsible for the correct and safe loading and securing of the CARGO on the automobile, to avoid overloading of the axle, for overloading the automobile and all damages, caused by unsafe loading and/or lack of provision of cargo.The CARRIER must ensure that during loading and unloading, the driver must check whether the condition and quantity of the cargo, and its packaging are as described in the transport documents and the request. He is obliged to note on the transport document all nonconformities under the conventions CMR and TIR, in the case of a refusal by the consignor to allow the entering of a note on the bill of lading from the side of CARRIER, the latter is obliged immediately to notify the FORWARDER. For each discrepancy noted by the driver, the CARRIER must immediately inform the FORWARDER in writing and wait for his instructions before the driver leaves the place of loading/unloading, otherwise the FORWARDER shall be relieved of liability and shall refrain from accepting any damages filed by the CARRIER with respect to the non-compliance found.
The CARRIER has no right to overload the GOODS in a truck/trailer other than the pre-ordered, nor change the delivery address without express prior written confirmation from the FORWARDER. Otherwise, the CARRIER owes a penalty of 500 /five hundred/ euro for any particular breach of this obligation.
The CARRIER is obliged to transport GOODS /feed, waste and other non-exhaustively listed GOODS/, the carriage of which is subject to authorization or registration and is subject to ongoing and/or ex-post control of the competent authorities designated by the legislation, to keep the necessary documentation /archives/, in accordance with the legal requirements, and promptly send it to the FORWARDER, strictly following his instructions. The FORWARDER reserves the right at any time to carry out self-checks on compliance with this obligation. In the event that the CARRIER fails to fulfill the above obligations, resulting in against the FORWARDER has begun proceedings to establish the infringement committed and the sanction of him or the FORWARDER has already been sanctioned by the competent authorities, the CARRIER owes to the FORWARDER a penalty amounting to the penalty provided by the law for the case, if it can be determined in advance or the amount of the maximum penalty, provided that the amount of the sanction can not be determined in advance, respectively the amount of the sanction imposed.
In the case of transport of GOODS under temperature regime, before loading, the CARRIER must ensure that the temperature inside the load compartment of the vehicle matches that required in the request, and that the temperature of the GOODS prior to its loading corresponds to the requirements of the request. The temperature should be checked during loading, controlled and maintained as required the whole way/all the time until the delivery to the final destination. In the event that the CARRIER fails to fulfill these obligations, he is responsible for all damages suffered by the FORWARDER, including, but not limited to, damage caused by malfunctions of the used equipment, irrespective of their ownership, meteorological conditions, etc.
With regard to avoidance of smuggling and/or theft of the CARGO, the CARRIER is obliged to take all reasonably necessary preventive measures, such as but not limited to: providing locking devices to the TRANSPORT UNITS, parking in a parking lot with video surveillance and lighting located at a considerable distance (at least 150 km) from areas with increased risk of theft and access by emigrants, for example: ports and terminals, careful and complete inspection of the tugs and load compartments after each break, observance of the safety and security instructions of the objects of loading and delivery.
The CARRIER is obliged in the event of a road accident, theft, damage to CARGO of any kind, as well as any circumstances that would result in the non-fulfillment of the agreed transportation conditions, immediately notify the FORWARDER by phone and then within 24 /twenty-four/ hours and in writing.
The CARRIER is obliged to notify local police authorities in the event of a road accident, fire or theft.
Under no circumstances the CARRIER has no right to withhold the carriage of GOODS or other ownership of the FORWARDER or the ownership of his CLIENTS, otherwise the CARRIER will be liable for any damage suffered.
IV. RESPONSIBILITY OF THE CARRIER
The CARRIER is responsible for the loss and damage of the CARGO, unless they prove that the damage is due to force majeure or deficiencies in the packaging for which the CARRIER warned the FORWARDER or which could not be noticed.
The CARRIER is responsible for the loss or damage (in whole or in part) of the CARGO from the moment it is handed over for carriage to unloading of the recipient designated by the FORWARDER, to an amount specified in the present GC, unless the damage is due to force majeure that the CARRIER must prove in an appropriate manner.
THE CARRIER is responsible for all direct and immediate damages to the FORWARDER due to the total or partial loss or damage of the CARGO, its delay or inability to deliver the CARGO within the time limit and at the destination, listed in the request,as well as in the case of delivery of the CARGO to a person other than the one specified in the request, to the extent or in the manner defined in the present GC.
In the event of total lack or loss of the CARGO, the CARRIER undertakes to pay to the FORWARDER compensation in the amount of the full value of the missing or perished GOODS based on the declared value of the GOODS in the invoice, but not more than 8,33 SDR (Special drawing rights) per kilogram of gross weight missing or lost GOOD.
In case of partial failure or damage to the CARGO, the compensation is calculated in accordance with the amount of the failure/damage of the CARGO, the same may not exceed 8.33 SDR (Special drawing rights) per kilogram gross weight missing or lost GOODS.
If, due to damage to the GOODS during transportation or due to any inconsistencies in the conditions for carrying out the transport as agreed in advance or due to any action and/or failure of the CARRIER, additional costs are incurred or should be incurred in connection with but not limited to: transporting the goods back to the consignor or to another location according to the instructions of the FORWARDER and at the request of the CLIENT, scrap, destruction, additional operations with GOODS, manual labor, repackaging, etc., the costs incurred in this connection will be at the expense of the CARRIER.
All penalties provided in the present GC, do not limit or waive the right of the FORWARDER to claim compensation for the difference up to the amount of the actual damage suffered if they are greater than the corresponding penalty.
The CARRIER is liable to the FORWARDER for all actions and/or omissions of its employees and subcontractors. It is the duty of the CARRIER to ensure that:
- The driver does not smuggle people or GOODS such as but not just cigarettes, alcohol, etc.
- The driver must not load or allow in the cabin and TRANSPORT UNIT any other GOODS than those already mentioned in the transport documents, taking all necessary preventive measures.
- The driver must be present during the loading operations and make sure that the vehicle and the CARGO are under his supervision until the load unit is sealed.
- If the mandatory customs activities at the place of loading are not fulfilled, the driver may not leave the place of loading without instructions from the FORWARDER and before placing a seal with the registration number on the TRANSPORT UNIT. This seal can be removed only by the competent customs authorities and after customs control and release.
- In the event of an inspection during carriage, the CARRIER should obtain appropriate documents from the relevant authorities explaining why the seal has been removed. If possible, the TRANSPORT UNIT must be sealed again until reaching the customs office and/or the final destination. The CARRIER is obliged to immediately notify the FORWARDER of the removal of the seal.
V. SPECIAL OBLIGATIONS AND RESPONSIBILITY OF THE CARRIER
The CARRIER is obliged and must ensure compliance with all labor and social regulations related to the driver, applicable foreign laws or mandatory regulations, such as minimum wages, etc. The CARRIER is also responsible for the fulfillment of this obligation by all of its subcontractors. For any breach of these obligations, the CARRIER will pay to the FORWARDER a penalty of 5,000 /five thousand/ euro, which is payable immediately.
The CARRIER is obliged to provide, upon request by the FORWARDER, all requested documents relating to the payment by the CARRIER of each of his workers/employees performing or carrying out work in the territory of the Federal Republic of Germany, wages per hour worked. Such documents may be payment orders, a declaration by the worker/employee that he has received a salary, which is at least equal to the minimum wage according to MILOG, or an explicit confirmation from the CARRIER's accountant, proving that the CARRIER has complied with the MILOG requirements.
The CARRIER is obliged to indemnify the FORWARDER in full on claims from third parties and administrative or criminal sanctions imposed by state authorities in relation to the obligations in this section. The CARRIER is obliged to immediately inform the FORWARDER in bringing such claims and counterclaim, including also the started administrative penal and/or criminal proceedings initiated against the CARRIER, FORWARDER or subcontractors. In the event of breach of these clauses, the CARRIER is fully liable to the FORWARDER.
VI. CONDITIONS OF PAYMENT AND INVOICING
The CARRIER must issue and send to the FORWARDER two copies of each invoice (one original and one copy) for each completed request for transport, as well as the rest of the documents described below.
Except as expressly stated in the transport request, the CARRIER must send to the FORWARDER the following documents in order to be able to receive payment of the agreed remuneration:- In the case of carriage performed within the territory of the EU: original and copy of the invoice, original and copy of the CMR consignment note, stamped and signed by the consignee.
- In the case of a carriage performed between countries where at least one of them is a member of the EU: original invoice + 2 originals of the CMR consignment note, stamped and signed by the consignee without remarks + copy of the TIR carnet (or other T-document) stamped by the customs authorities of destination.
- In the case of carriage between EU countries but passing through a non-EU country: original invoice + 2 originals of the CMR consignment note, duly stamped and signed by the consignee without reminders + copy of the TIR carnet with T2L note (or other T-document) stamped by the customs authorities of destination.
The documents described in the previous article of the present GC should receive the postal address of the FORWARDER mentioned in the request. Otherwise, the CARRIER owes a penalty of 0.1% /zero and one tenth percent/ of the due amount for each commenced day of delay.
In order to be paid, the invoice should contain: the transport numbe of the request; VAT number of the FORWARDER; VAT number of the CARRIER; Bank details: bank name, SWIFT address of the bank, IBAN - currency/account - currency. In the event of a change in bank details, the CARRIER must send a written notice of the change in writing. The FORWARDER is not liable in the case of outstanding, delayed or past due payments due to lack of or provision of incomplete, old or incorrect bank details by the CARRIER.
The CARRIER has no right through cession or otherwise to transfer his claims to the FORWARDER of third parties.
VII. FINAL PROVISIONS
For all questions not dealt with in the present GC, the provisions of the specific contract for carriage (application), the applicable international conventions and the legislation of the Republic of Bulgaria shall apply.
All disputes, that arise out of or relate to the present GC, which include disputes arising out of or relating to its interpretation, cancellation, performance or termination, and which can not be settled through negotiation, as well as disputes concerning completion or omissions in the contract or its bringing into compliance with new circumstances will be settled by the competent Bulgarian court in Sofia. Applicable procedural law in resolving the dispute before the court is the effective Bulgarian legislation.
The present GC are accepted at 20.02.19 year.