GENERAL CONDITIONS FOR PROVISION OF TRANSPORTATION SERVICES APPLICABLE TO THE CARRIERS/SUBCONTRACTORS OF
“STM GROUP” EOOD
These General Terms and Conditions (GTC) form an integral part of all transport requests made by ”STM GROUP” EOOD, UIC: 201915070 (hereinafter referred to as "FORWARDER") to carriers/subcontractors (hereinafter referred to as "CARRIERS") and are deemed to be agreed upon between the parties upon acceptance for execution of the transport request.
For the purposes of these General Terms and Conditions, the following concepts and definitions are used in the sense indicated here:
is ”STM GROUP” EOOD, UIC: 201915070, with headquarters and address of management: Sofia city, postal box 1528, region „Iskar“, 27 „Nedelcho Bonchev“ street, floor 3 , electronic mail: firstname.lastname@example.org, represented by the manager Irina Aleksandrova Velikova. Within the framework of these GTC, the meaning of the term "FORWARDER" is not exclusively limited to the definitions contained in the norms of the Commercial Law governing the contract for forwarding and carriage.
"CARRIER" means the contractor/subcontractor hired or engaged by the FORWARDER by means of a request to carry out the transactions and services organized by the FORWARDER.
represents the subject of the transport services provided by THE CARRIER under these GTC, which also includes any packaging, container or facility for protecting the cargo during its transport, loading or unloading.
is the CARGO /GOODS, the storage, handling or transport of which is regulated as risky by the legislation of the country of the sender, of the consignee or the country through which the CARGO /GOODS pass, as well as by the applicable international regulations.
means lorries, trailers and semi-trailers, containers and all other equipment specially designed for the carriage of goods by land, water or air.
are all written requirements that the FORWARDER has indicated to the CARRIER and the CARRIER has accepted them for implementation.
is the natural or legal person who entrusted the FORWARDER with the organization/execution of transport of the GOODS/CARGO.
is the natural or legal person holding the right of ownership of the GOODS/CARGO at the time of carriage.
I. SUBJECT AND SCOPE
These GTC govern the rights and obligations of the parties in the performance of transport services and related transactions concluded between the FORWARDER and the CARRIER.
These GTC apply in the event that the above-mentioned transactions and services are carried out in one of the following ways:
- For a fee or free of charge;
- By express or implied agreement or assignment;
- As a separate service or as part of another service;
- By assignment to the sender, recipient or other interested parties.
All activities and services performed by the CARRIER under assignment by the FORWARDER, the contracts concluded and the documents signed between them are subject to the present GTC and the applicable mandatory legal norms, including the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Customs Convention on the International Carriage of Goods under Cover of TIR Carnets (TIR) and the European Agreement for the International Carriage of Dangerous Goods by Road (ADR) /when necessary/ with all resulting rights and obligations, including complaints, unless the parties have expressly and in writing agreed otherwise. Bulgarian law applies to the cases not settled by the above-mentioned acts, unless the parties have expressly and in writing agreed otherwise. The CARRIER unconditionally accepts that with each assignment of a given activity by the FORWARDER, regardless of the method of assignment, they conclude a contract with the FORWARDER, an integral part of which are the present GTC.
II. RIGHTS AND OBLIGATIONS OF THE FORWARDER
When carrying out the activities and related transactions - subject of these GTC, the FORWARDER may act in the capacity of:
– ATTORNEY, in this case the FORWARDER acts on behalf of and at the expense of the CLIENT and/or the OWNER and is only responsible for his culpable behavior in the performance of his powers;
– TRADE REPRESENTATIVE, in this case the FORWARDER acts on his own behalf, but at the expense of the CUSTOMER and/or OWNER;
– OPERATOR, in this case the FORWARDER acts on his own behalf and for his own account.
The FORWARDER assigns the performance of the transportation services with the care of a good trader and within a reasonable time, unless otherwise agreed between the parties.
The FORWARDER undertakes, for each shipment to be assigned to the CARRIER, to send a request containing all the parameters of the GOODS transported. The request is considered accepted if, within 1 /one/ hour after its receipt, the CARRIER has not sent an objection or express refusal to fulfill it in writing. By accepting it, the CARRIER undertakes to fulfill it, in accordance with the conditions and terms of the request, the instructions of the FORWARDER and the present GTC. After accepting the request, the CARRIER undertakes to send the same to the FORWARDER by fax or e-mail, signed by a proper representative of the CARRIER or confirmed by e-mail, but necessarily before loading the GOODS. In the event that the CARRIER fails to provide a FREIGHT UNIT to the loading address within the time specified in the request, this is considered a delay and will be sanctioned according to Art. 25 of the current GTC. Without prejudice to all other rights provided for herein /including those specified in Art. 21 of these GTC/, in the event that the CARRIER fails to provide a FREIGHT UNIT to the loading address within the time specified in the request, the FORWARDER has the right to terminate the transport contract at any time after the delay has occurred, with immediate effect, as well as to claim a penalty in the amount of 500 /five hundred/ euros. In the event that the CARRIER refuses the request later than 1 /one/ hour after receiving it, the FORWARDER has the right to file a penalty in the amount of 500 /five hundred/ euros.
THE FORWARDER undertakes to provide the necessary assistance to the CARRIER in matters related to the performance of transport services.
THE FORWARDER has the right to control at any time the execution of the assigned transport service, to receive up-to-date information on the geographical location of the TRANSPORT UNIT with the GOODS, on possible deviations from the terms of execution of the transport, anticipated delays during loading/unloading, to change during the transport the CARRIER's route, if necessary, to give instructions to the CARRIER, as well as to load the GOODS in the TRANSPORT UNITS used by the CARRIER for an additional fee.
III. RIGHTS AND OBLIGATIONS OF THE CARRIER
The CARRIER shall conduct its business in a manner that is both legal and consistent with the professional standards of the industry. The CARRIER must comply with all international and local laws and regulations applicable to the performance of the carriage and to its relations with its employees and maintain a safe system of work in accordance with the guidelines of such laws and regulations. The CARRIER undertakes to introduce the driver and give him detailed instructions for safe and secure transport, according to the current GTC.
The CARRIER is responsible according to the CMR convention. The CARRIER must have a valid "Carrier's Liability" insurance (CMR insurance) for the tractor and the trailer with which he will carry out the transport, for the duration of the transport, which meets the limits according to Art. 23 of the CMR-Convention, but also under Art. 29, § 2 and Art. 23, § 4 of the CMR-Convention. If there is none, the CARRIER is liable up to the full amount of property damages suffered for shortages, failure and damage to the GOODS transported, and the FORWARDER has the right to withdraw the transport request without owing any penalties or compensation for this. In addition, in the event that the CARRIER does not have a valid
Carrier's Liability insurance at the time of assigning the carriage, the FORWARDER has the right to:
– to conclude one at the expense of the CARRIER with an insurer chosen by the FORWARDER, in case the transport has not yet started;
– to take out cargo insurance during transportation (cargo insurance) at the expense of the CARRIER with an insurer selected by the FORWARDER, in case the transportation has already begun.
In both cases, the FORWARDER has the right to deduct the insurance premiums paid by him under the relevant insurance with the amounts he owes to the CARRIER for carrying out the specific transport or other transport assigned to him by the FORWARDER.
The CARRIER is obliged to provide a technically sound TRANSPORTATION UNIT, equipped with GPS, mobile phone or similar technology to ensure reliable and regular communication regarding the stage of performance of the assigned carriage, with a clean, dry and sound floor, a clean, dry and sound cargo compartment, strong tarpaulin, with load capacity, according to the requested load + 3.5 tons /in case of mechanized loading with an electric truck/, aluminum boards, minimum 16 suitable belts for reinforcement, minimum 2 grouping boards, sealing rope, sufficient number of pads, anti-slip pads, strong posts and grouping boards, supporting corners and everything else necessary for the safety of the cargo, the driver and third parties and everything else necessary for the safety of the CARGO. The cargo compartment must fulfill the requirements of the XL certificate, and the cargo must also be reinforced according to the requirements of EN 12642-XL. While at the loading/unloading address, the driver is required to have personal protective equipment for his safety (standards include a safety helmet, eye protection, earplugs/earmuffs, hard-soled safety boots, gloves, reflective jacket) , as well as to comply with the internal rules of the respective site. Otherwise, the CARRIER will be responsible for all damages incurred.
The CARRIER is obliged to guard the cargo with the care of a good merchant from its acceptance for carriage until its delivery. For this purpose, the CARRIER undertakes to transport the cargo in a suitable vehicle, in compliance with the relevant technical and sanitary-hygienic requirements for its preservation in terms of quantity and quality.
The CARRIER is obliged to secure and maintain all necessary permits, tolls and visas required under the relevant applicable provisions in the respective legislations for carrying out the carriage from the place of loading to the place of unloading and also for the passage through the transit countries. Otherwise, the carrier will be responsible for any damages incurred.
The CARRIER is obliged to fulfill the request with its own CARGO UNITS. The hiring of a subcontractor is permissible only after prior express written permission from the FORWARDER. In case of non-compliance with this condition, the CARRIER owes a penalty in the amount of 1,000 /thousand/ euros for each individual violation.
In cases where the engagement of the entire vehicle has been agreed upon, additional loading of the vehicle with any other cargo than described in the request is prohibited, unless the FORWARDER has subsequently given instructions for additional loading. In the event of non-compliance with this agreement, the CARRIER owes a penalty in the amount of the agreed freight for each individual violation.
The CARRIER undertakes not to accept for carriage second-hand goods, goods for exhibitions and fairs, goods in non-conventional packaging, non-palletized boxes and goods under customs control, without prior express written permission of the FORWARDER.
In cases where a consignor, consignee or other person enters notes on the CMR waybill or other document related to the CARGO, as well as in the event of an emergency, the cargo composition should not leave the loading/unloading point/place of the emergency without a report from the emergency commissioner and prior express written permission from the FORWARDER.
During the transport, the driver with the cargo composition has no right to leave the European Union without the prior express written consent of the FORWARDER, and the CARRIER is responsible for all events that may cause the absence or damage of the cargo, delay or sanctions imposed on the FORWARDER.
In the event that the CARRIER accepts the pallet, packaging and/or any equipment for securing and arranging the cargo provided by the loading facility, it will be at its expense. If the amount is invoiced to the FORWARDER, the CARRIER undertakes to refund the same to the FORWARDER within 3 days of the request, and the latter has the right to offset it with the freight owed to the CARRIER. When replacing pallets, this circumstance should be entered in the bill of lading with a signature and stamp from the loading and unloading address or it should be reflected in a separate document that the CARRIER is obliged to provide to the FORWARDER.
The CARRIER is obliged to immediately notify the FORWARDER in the following cases:
In the event of a discrepancy between the data on the request, the bill of lading and the corresponding cargo, its accompanying documents, markings, weight and others, in which case the CARRIER has no right to start the transport without the express prior written permission of the FORWARDER;
When comments are entered in the bill of lading by the consignor, CARRIER, consignee, control authorities and others;
In the event of damage and lack of cargo;
In the event of circumstances that could lead to a delay in loading or delivery.
In case of actual and ascertained non-fulfilment of the agreed term for loading or delivery;
Upon request, information on the location of the cargo composition and an accurate forecast of the upcoming schedule and route of movement.
After receiving the cargo, provide information on the number and type of packages, their weight, accompanying documents and all other details.
By accepting the transport request, the CARRIER gives its consent in the event of a claim for shortages and/or damage or delay in delivery or any other type of inconsistency with the terms of transport, as well as for damage to the property of the FORWARDER, the CUSTOMER or third parties, FORWARDER to withhold payment of any or all sums owed to him under the same and other concluded contracts until clarification of the circumstances of the case and its resolution. After clarifying the case and signing a bilateral protocol, which fully regulates the financial relationship between the FORWARDER and the CARRIER, the FORWARDER shall, within 5 /five/ working days, pay all amounts owed to the CARRIER, deducting the amount of the claim from them.
The CARRIER is obliged to inform the FORWARDER in writing about the location of the vehicle daily no later than 10:00 a.m. local time. If there is no or wrong information is provided about the loading, movement or unloading of the vehicle, the CARRIER owes a penalty in the amount of 150 /one hundred and fifty/ euros for each default.
The CARRIER is obliged to inform the FORWARDER in writing, if possible in advance, of any expected loading delays (any delays in previous delivery; technical breakdown; need for rest; change of planned route; any driving restrictions and prohibitions; lack of readiness of the shipper or other events that may delay the arrival of the FREIGHT UNIT on time according to the terms in the transport request) or unloading, any deviations from the normal route and the agreed terms for carrying out the transport, as well as possible additional costs related to the transport, which the FORWARDER should approve. If the CARRIER has not informed the FORWARDER about possible delays in loading or unloading, the FORWARDER does not owe any compensation to the CARRIER for any damages suffered. If the CARRIER has not informed the FORWARDER about possible additional costs and/or has not received approval for the same, the FORWARDER does not owe compensation for the additional costs incurred by the CARRIER.
The CARRIER is obliged to inform the FORWARDER in writing of the expected date of arrival of the vehicle, no later than 1 /one/ day before the day of unloading, by 12:00 p.m. local time.
In case of delay on the part of the CARRIER to load and/or unload the cargo, the same owes the FORWARDER a penalty in the amount of 150 /one hundred and fifty/ euros, and for each day of delay it will be additionally charged 150 /one hundred and fifty/ euro. This penalty does not limit the FORWARDER from claiming additional compensation for the costs incurred as a result of the CARRIER's delay, including additional costs for a replacement truck. If the date and time for loading or unloading specified in the request are accompanied by the terms FIX, FIX or FIXED, then the non-appearance of the cargo composition on the fixed day and time for loading/unloading is considered a complete failure to fulfill the APPLICATION-CONTRACT, and the CARRIER owes penalty in the amount of BGN 200 per day.
In the event of a delay or anticipated delay of the CARGO UNIT for loading or unloading, which is not acceptable to the FORWARDER, the latter reserves the right to withdraw the request and entrust its execution to another subcontractor in order to meet the agreed deadlines. Any additional costs resulting from this withdrawal, such as, but not limited to: higher transportation costs, transshipment and cargo handling costs, will be directly invoiced to the CARRIER and deducted from its invoices due. If there are no invoices due to the CARRIER, the latter is obliged to pay the invoiced additional costs within 5 /five/ days from the date of receipt of the relevant invoice by e-mail.
CARRIER declares and agrees that there is free time for loading/unloading, including customs clearance: 48 hours (weekends and public holidays are not included). In the event that loading/unloading or customs clearance has not started or started but not completed within the free time, the CARRIER shall immediately notify the FORWARDER and request instructions. It is not allowed for the CARGO UNIT to leave the loading/unloading address without written instructions and confirmation from the FORWARDER, otherwise the CARRIER will be penalized with a fine of 500 /five hundred/ euros. Claims for costs of demurrage by the CARRIER after the expiration of the free time will be accepted by the FORWARDER only in case of provision of a clear entry in the bill of lading /or other similar document such as Standing card, confirmed by an employee at the loading/unloading address/ indicating the date and the time of arrival/departure of the vehicle from the loading/unloading location. The CARRIER has no right to claim demurrage costs in case of delay or earlier arrival for loading/unloading than the date and time provided in the request.
The CARRIER must provide the equipment required in the request. In the event that there is no such special requirement, the CARRIER shall provide suitable equipment, taking into account all other conditions of the request. The CARRIER guarantees that all transport and technical means, auxiliary, warning, protective and strengthening materials, facilities and equipment, control and recording devices used for the performance of the agreed transport services are in impeccable technical condition and meet the requirements in the countries of loading, unloading and passing. Upon arrival at the loading address, in the event that the vehicle is not equipped with appropriate equipment to secure the cargo according to the request /belts, corners, safety boards, tires, etc./, the CARRIER is obliged to inform the FORWARDER immediately and to procure at his expense the necessary equipment as quickly as possible from the nearest supplier. In the event that the equipment is provided by the loading facility, it will be at the expense of the CARRIER and the amount paid to the FORWARDER will be deducted from the amount due to the CARRIER, accordingly the latter should compensate the FORWARDER if there are no amounts due. In case the request contains a request to change pallets, the CARRIER is obliged to return the empty pallets and PROVE WITH DOCUMENT, otherwise he is responsible for all damages suffered by the FORWARDER. Amounts of benefits for expenses incurred, etc. will be deducted from amounts due to the carrier, if any.
When transporting dangerous goods, the CARRIER ensures that the drivers of the vehicles are trained and possess and carry the necessary equipment and a valid license/certificate according to the law of completed training for the carriage of ADR goods issued by an authorized institution and the means of transport are equipped with the necessary transport a complete set of basic and personal protective equipment with a valid expiration date, according to the European Agreement for the International Carriage of Dangerous Goods by Road (ADR). The CARRIER is obliged to carry out the transport in accordance with all the requirements stipulated in the European Agreement for the International Carriage of Dangerous Goods by Road (ADR). CARRIER represents and warrants that its employees are familiar with all requirements of the Dangerous Goods Regulations and are properly trained in safe handling and emergency response procedures.
The CARRIER for a specific transport has no right to offer the CUSTOMER, the recipient, the consignor of the GOODS or other intermediaries, forwarders or carriers involved in this transport, directly/in person, by telephone, fax, by e-mail or through a 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, counted from the date of the last transport carried out for the FORWARDER. In case of non-fulfilment of the condition, the CARRIER owes a penalty in the amount of 10,000 /ten thousand/ euros for each violation. In case of damages in a larger amount than the above-mentioned penalty, the FORWARDER has the right to claim compensation in the amount of the damages actually suffered.
The CARRIER is responsible for the correct and safe loading, arrangement, strengthening and securing of the LOAD of the vehicle, for the correct distribution of the load on axles and for avoiding axle overloading, for overall overloading of the vehicle and for all damages caused by unsecured loading and/or the lack of securing the cargo. The CARRIER must ensure that during loading and unloading, the driver must check whether the condition and quantity of the cargo, as well as its packaging, correspond to what is described in the transport documents and the request. He is obliged to note on the transport document all inconsistencies according to the CMR and TIR conventions, and if the sender refuses to allow the CARRIER to enter a note in the bill of lading, the latter is obliged to immediately notify the FORWARDER. For any discrepancy noticed by the driver, the CARRIER is obliged to immediately inform the FORWARDER in writing and wait for his instructions before the driver leaves the loading/unloading place, otherwise the FORWARDER is released from responsibility and will not accept any fines brought by the CARRIER, in connection with the discrepancy found.
The CARRIER has no right to load or reload the GOODS in a truck/trailer other than those previously requested, nor to change the delivery address without express prior written confirmation from the FORWARDER. Otherwise, the CARRIER owes a penalty in the amount of 500 /five hundred/ euros for each specific violation of this obligation.
The CARRIER undertakes, when transporting GOODS /feed, waste and other non-exhaustively listed GOODS/, the transport of which is subject to a permit or registration regime and is subject to ongoing and/or subsequent control by the competent authorities defined in the legislation, to keep the necessary documentation /archives/, according to the legal requirements, and promptly send it to the FORWARDER, strictly following his instructions. THE FORWARDER reserves the right at any time to independently carry out checks regarding compliance with this obligation. In the event that the CARRIER fails to fulfill the above-mentioned obligations, as a result of which proceedings have been initiated against the FORWARDER to establish the violation committed and sanction it, or the FORWARDER has already been sanctioned by the relevant competent authorities, the CARRIER owes the FORWARDER a fine in the amount provided by the law sanction for the relevant case, if the same can be determined in advance or in the amount of the maximum sanction provided by the law, if the amount of the sanction cannot be determined in advance, respectively in the amount of the imposed sanction.
In case of transportation of GOODS under a temperature regime, before loading, the CARRIER is obliged to ensure that the temperature inside the cargo compartment of the vehicle corresponds to that required in the request, as well as that the temperature of the GOODS before loading corresponds to the requirements of the request. The temperature in the cargo area and on the GOODS itself should be checked during loading, controlled and maintained as required in the request all the way/all the time until delivery to the final destination. The temperature during transport must be recorded on a thermograph and should be regularly checked, and upon request by the FORWARDER, the CARRIER should immediately provide the records from the thermograph. In the event that the CARRIER fails to fulfill these obligations, it is responsible for all damages suffered by the FORWARDER, including, but not limited to, damages caused by malfunctions of the equipment used, regardless of whose ownership it is, by weather conditions, etc.
In connection with the avoidance of smuggling and/or theft of the CARGO, it is the CARRIER's duty to take any reasonably necessary preventive measures, such as, but not limited to: providing locking devices on the CARGO UNITS, parking in secured parking lots with live security, video surveillance, permeable mode and lighting, located at a significant distance (at least 150 km) from places with an increased risk of theft and access by emigrants, for example: ports and terminals, a careful and complete inspection of tugs and the cargo hold after each break, compliance with the instructions for safety and security of loading and delivery sites. A list of secured truck parks can be found at www.iru.org
and for Italy additionally at www.ania.it
. The route must be planned in such a way that, in compliance with the statutory requirements for work periods and rest periods, there are no breaks, overnight stays and stays on weekends or public holidays in unguarded parking places
In case of detection of smuggling of people or goods, the CARRIER shall bear full criminal responsibility under the law for all consequences thereof and shall pay all possible penalties imposed. In addition, STM Group EOOD reserves the right to claim a penalty of 50 000 euros and, if necessary, deduct this penalty from the sums owed to the CARRIER.
The CARRIER is obliged to immediately notify the FORWARDER by telephone in the event of a road-transportation accident, theft, damage to the CARGO of any kind, as well as any circumstances that would lead to non-fulfillment of the agreed transport conditions, and then, within a period of 24 /twenty-four/ hours and in writing.
In the event of a road-transport accident, fire or theft, the CARRIER is obliged to notify the local police authorities as well as the FORWARDER.
Under no circumstances shall the CARRIER have the right to detain the transported GOODS or any other property of the FORWARDER or the property of its CUSTOMERS, otherwise the CARRIER will be liable for all damages suffered.
. The CARRIER has no right to harm or damage the good name and/or reputation of the FORWARDER for any reason in front of third parties, otherwise the same owes payment of a penalty in the amount of EUR 10,000.
IV. RESPONSIBILITY OF THE CARRIER
The CARRIER is responsible for the loss, destruction and damage of the CARGO, unless it proves that the damage is due to force majeure or defects in the packaging of which the CARRIER has warned the FORWARDER or which could not have been noticed.
The CARRIER is responsible for the loss, destruction or damage (in whole or in part) of the CARGO transported from the moment of its delivery for transport until its unloading at the consignee specified by the FORWARDER, up to the amount specified in these GTC, unless the damage is due to force majeure which the CARRIER must prove in the proper manner.
The CARRIER is responsible for all direct and immediate damages of the FORWARDER, which are due to the total or partial destruction or damage of the CARGO, its loss and the delay or inability to deliver the CARGO within the time and at the destination specified in the request, as well as in the case of delivery to FREIGHT to a person other than the one specified in the request, up to the amount or in the manner specified in these GTC.
In case of complete absence or destruction of the CARGO, the CARRIER undertakes to pay the FORWARDER compensation in the amount of the full value of the missing or perished GOODS based on the invoiced value of the GOODS, but not more than 8.33 SCR (special circulation rights) of kilogram gross weight missing or perished GOODS.
In case of partial loss or damage to the CARGO, the compensation is calculated in accordance with the amount of the lack/damage of the CARGO, and the same cannot exceed 8.33 SCR (special circulation rights) per kilogram of gross weight of the missing or dead GOODS.
If due to damage to the GOODS during transport or due to any inconsistencies in the conditions for carrying out the transport as previously agreed, or due to any action and/or inaction of the CARRIER, additional costs are incurred or should be made in connection with, but not limited to: transportation of the goods back to the sender or to another place according to the instructions of the FORWARDER and at the request of the CUSTOMER, scrapping, destruction, additional operations with the GOODS, manual labor, repacking, etc., the costs incurred in this connection will be borne by the CARRIER.
All penalties provided for in these GTC do not limit or extinguish the FORWARDER's right to claim compensation for the difference up to the amount of the damages actually suffered, if they are in a larger amount than the corresponding penalty.
The CARRIER is responsible to the FORWARDER for all actions and/or inactions of its employees and subcontractors. It is the CARRIER's duty to ensure that:
- The driver does not smuggle people or GOODS such as but not only cigarettes, alcohol, etc.
- The driver must not load or allow into the cabin and CARGO UNIT any GOODS other than those already mentioned in the transport documents, taking all necessary preventive measures.
- The driver must be present during loading operations and ensure that the vehicle and the LOAD are under his supervision until the load unit is sealed.
- In the event that the mandatory customs activities at the place of loading are not completed, the driver has no right to leave the place of loading without receiving instructions from the FORWARDER and before a seal with a registration number is placed on the CARGO UNIT. This seal can only be removed by the competent customs authorities and after customs control and release.
- In the event of an inspection during transport, the CARRIER should obtain proper documents from the relevant authorities explaining why the seal was removed. If possible, the CARGO UNIT should be resealed before reaching the customs point and/or final destination. The CARRIER is obliged to immediately notify the FORWARDER of the removal of the seal.
V. SPECIAL OBLIGATIONS AND RESPONSIBILITIES 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, for example on the minimum wage, etc. The CARRIER is also responsible for the fulfillment of this obligation by all its subcontractors. For any violation of these obligations, the CARRIER will pay the FORWARDER a penalty in the amount of 5 000 /five thousand/ euros, which is due for payment immediately.
The CARRIER undertakes to provide, at the request of the FORWARDER, all required documents in connection with the remuneration paid by the CARRIER to each of its workers/employees carrying out activities or doing work on the territory of the Federal Republic of Germany, labor remuneration per hour worked. Such documents can be payment orders, a declaration by the worker/employee that he/she has received labor remuneration that is at least equal to the amount of the minimum labor remuneration according to MILOG or an express confirmation from the CARRIER's accountant proving that the CARRIER has complied with the MILOG requirements.
The CARRIER undertakes to indemnify the FORWARDER in full in the event of claims by third parties and administrative or criminal sanctions imposed by state authorities in connection with the obligations in this section. The CARRIER undertakes to immediately inform the FORWARDER when presenting such claims and pretensions, including and initiated administrative and/or criminal proceedings against the CARRIER, FORWARDER or subcontractors. In case of violations of these clauses, the CARRIER is fully responsible to the FORWARDER.
VI. PAYMENT AND BILLING TERMS
The CARRIER must issue and send to the FORWARDER two copies of each invoice / / for each completed transport request, as well as the rest of the documents described below.
In addition to those expressly mentioned in the transportation request, the CARRIER must send the FORWARDER the following documents in order to receive payment of the agreed remuneration:
- In the case of transport carried out on the territory of the EU: original invoice, 2 originals and a copy of the bill of lading, duly stamped and signed by the consignee.
- In the case of transport carried out between countries, when at least one of them is a member of the EU: original invoice + 2 originals of the CMR-bill of lading, duly stamped and signed by the recipient without remarks + a copy of the TIR carnet /or other T-document/, stamped by the customs authorities of the destination.
- In the case of transport between EU countries, but with transit through a non-EU country: original invoice + 2 originals of the CMR-bill of lading, duly stamped and signed by the consignee without remarks + a copy of the TIR carnet with T2L remark on it /or another T-document/, stamped by the customs authorities of the destination.
The documents described in the previous article of these GTC should be received at the FORWARDER's postal address, specified in the request, within 7 days of completion of the shipment. Otherwise, the CARRIER owes a penalty of 0.5% /zero whole and one percent/ of the amount due for each day of delay started.
In connection with the compliance with Value Added Tax Law, Regulations for the implementation of the Value Added Tax Law and the legislation in force in the country, the CARRIER is obliged to promptly declare to the National Revenue Agency in the legally established form and term the issued invoices related to the performance of this contract. In case of non-fulfilment of this obligation, the CARRIER owes STM Group EOOD the payment of a penalty in the amount of the full amount of the freight and the corresponding VAT.
The CARRIER has no right to transfer its claims to the FORWARDER to third parties by assignment or in any other way. In the event that the CARRIER violates the provisions of this point, STM Group EOOD has the right: To claim a penalty in the amount of 1 000 euros for each invoice on which the claim has been transferred to third parties and/or to retain all and any is amounts owed to the CARRIER /including, but not limited to, transferred/ until confirmation by the new creditor in writing that these GTC will apply in the relationship between the latter and STIM Group EOOD without any exceptions.
The CARRIER has no right to transfer its claims to the FORWARDER to third parties by assignment or in any other way.
VII. FINAL PROVISIONS
The provisions of the specific contract of carriage /request/, the applicable international conventions and the legislation of the Republic of Bulgaria shall apply to all matters not settled by these GTC.
All disputes arising out of or relating to these GTC, including disputes arising out of or relating to its interpretation, annulment, performance or termination, and which cannot be resolved by negotiation, as well as disputes over completion or omissions in the contract or in bringing it into conformity, in accordance with newly arising circumstances, will be resolved by the competent Bulgarian court in the city of Sofia. Applicable procedural law when resolving the dispute before the court is the current Bulgarian legislation.
These General Terms and Conditions were adopted on 20.10.2022.