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GENERAL CONDITIONS FOR PROVISION OF FORWARDING SERVICES APPLICABLE TO CLIENTS - PROVIDERS OF ”STM Group” EOOD
 
 
”STM GROUP” EOOD, UIC: 201915070, Sofia city, hereinafter referred to as the "Forwarder", carries out forwarding and transport transactions of goods and cargo by road for a fee under the terms of the Convention on the Contract for the International Carriage of Goods by Road (CMR), including and the accompanying services for storage, processing and documentation of goods and cargo. These General Terms and Conditions (GTC) are applicable to those concluded based on a request submitted by a customer – contractor of the company's request, referring to them, forwarding and transport transactions of goods and cargo by road. These General Terms and Conditions are applied in relations with CONTRACTORS of transport services and regulate the conditions for and the responsibility of the parties in the performance of services and related transactions. These General Terms and Conditions do not regulate the relations between the FORWARDER and its subcontractors - the carriers.
 
DEFINITIONS
 
For the purposes of these General Terms and Conditions, the following definitions are used and, in the sense, indicated here:
"FORWARDER" is „”STM GROUP” EOOD, UIC: 201915070, with headquarters and management address: Sofia city, 1592, region „ Iskar“, 64 „Hristofor Kolumb“ boulevard, building В1, office 101, electronic mail: office@stm-group.bg, represented by the manager Irina Aleksandrova Velikova. Within these General Terms and Conditions, 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.
"CLIENT" or "CONSIGNOR" means any natural or legal person on whose account or for whose benefit, or on whose assignment the FORWARDER concludes transport transactions and/or performs transport services.
"OWNER" means any natural or legal person holding the right of ownership of the GOODS/CARGO at the time of carriage.
"CARRIER" or "CONTRACTOR" means the physical contractor (Carrier, Subsequent contractor, Warehouse Operator, etc.), hired or engaged by the FORWARDER through a request to carry out the transactions and services organized by the FORWARDER.
"RECIPIENT" means the natural or legal person who should accept the GOODS delivered by the FORWARDER at the place of unloading.
"GOOD" or "CARGO" is the subject of the services and related transactions performed by the FORWARDER or its subcontractor under these GTC, which also includes any packaging, container, or facility for protecting the cargo during its transportation, handling, storage, loading or unloading.
"DANGEROUS CARGO" is the CARGO/GOOD whose storage, handling or transport is regulated as risky by the legislation of the country of the sender, of the RECEIVER or the country through which the CARGO/GOOD passes, as well as by the applicable international regulations.
"TRANSPORT UNITS" means lorries, trailers and semi-trailers, containers, wagons, tanks, and all other equipment specially constructed for the carriage of goods by land, water, or air.
"HANDLING" means the physical operations organized and/or carried out by the FORWARDER or its subcontractor with the CARGO/GOODS, including unloading, loading, stacking, strengthening, packing, counting, weighing, etc.
"INSTRUCTIONS" are all written requirements that the CLIENT has indicated to the FORWARDER and the same has accepted them for implementation.
"FORWARDING DOCUMENT" is any document issued in the name and at the expense of the FORWARDER and related to the carriage, storage, or handling of GOODS/CARGO, including a bill of lading, consignments, warehouse receipt or other transport document.
 
  1. SUBJECT AND SCOPE
 
  1. These Terms and Conditions govern the rights and obligations of the parties when performing forwarding and transport services and related transactions concluded between the CLIENT and the FORWARDER/its employees, subcontractors, proxies, and persons acting on behalf of and on behalf of the FORWARDER. The same do not apply to the relations between the FORWARDER and the CARRIERS, transshipment contractors and warehouse operators.
  2. These GTC apply regardless of whether 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 stand-alone service or as part of another service;
  • at the behest of the CUSTOMER, the sender, the RECIPIENT, the OWNER or other interested parties.
  • .   
 
II. RIGHTS AND OBLIGATIONS OF THE FORWARDER
 
  1. 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 and for account of the CLIENT and/or OWNER and is only responsible for his culpable behavior in the performance of his powers. The rights and obligations under the concluded contracts for transport, storage of GOODS and other services arise directly between the parties to the transaction - CLIENT and PROVIDER of the service;
– TRADE REPRESENTATIVE, in this case the FORWARDER acts on his own behalf, but at the expense of the CUSTOMER and/or OWNER. The FORWARDER is accountable to the CLIENT and should transfer to him the rights, obligations, and results of the concluded transactions;
– OPERATOR, in this case the FORWARDER acts on his own behalf and for his own account.
  1. The FORWARDER performs the activities and services of the transactions concluded by him with the care of a good trader and within a reasonable time, unless otherwise agreed between the parties. The CLIENT expressly agrees that the truck may be parked in an unguarded parking lot, at a roadside stop, during non-essential breaks, including overnight or weekends. If a second carrier is used for an additional fee, depending on the route and the conditions of transport, this should prevent the truck from parking or at least reduce the number of necessary breaks and thus reduce the risk of theft.
  2. The FORWARDER, regardless of the capacity in which he acts, is obliged to have the necessary organization, personnel, and skills to perform the agreed activities and services. Unless otherwise expressly confirmed, transport is carried out with one driver.
  3. The FORWARDER has the right, without the need for specific express consent of the CLIENT, to delegate the performance of the transport to its subcontractor - CARRIER.
  4. The FORWARDER is obliged to take reasonable measures to fulfill the INSTRUCTIONS of the CLIENT, and may take the following actions:
– to notify the CLIENT if he considers his INSTRUCTIONS to be incomplete, inaccurate, difficult to implement or impossible to implement or may involve additional costs;
– to deviate from the CLIENT'S INSTRUCTIONS, when it is clear from the specific circumstances that they will harm and damage his interests.
  1. The FORWARDER, in accordance with his professional experience, knowledge and skills, is obliged to notify the CLIENT in advance of obstacles that may prevent the execution of the request.
  2. If, after the conclusion of the contract, the FORWARDER became aware of circumstances that would prevent the execution of the contract, he is obliged to inform the CLIENT and request additional INSTRUCTIONS.
  3. Unless otherwise agreed in the request, the packing, loading, strengthening, and unloading of the GOODS are not the responsibility of the FORWARDER, and the latter is not responsible for damage to the GOODS during their loading or unloading, or due to lack, bad or inappropriate packaging of the GOODS. The driver is not obliged to check the method of loading and securing the cargo. The CUSTOMER is obliged to provide the CARGO for transportation in suitable and sufficient packaging to protect the CARGO from damage during its transportation. The packaging must be dry and clean, without sharp edges, protrusions, or anything else that could contaminate or damage the vehicle, its equipment or other cargo carried with the CUSTOMER.
  4. Unless otherwise agreed in the request, the FORWARDER has the right to reload the GOODS and use different transshipment points - cross-dock, to ensure timely and safe delivery to the final destination.
  5. The free time for loading/unloading the GOODS, calculated from the moment the vehicle arrives at the place of loading/unloading, but not earlier than the time and date specified in the order, is:
- 3 hours - for transport without customs formalities;
- 24 hours – for transport requiring the settlement of customs formalities.
Unless otherwise agreed in the request, if the free time described above is exceeded, the CUSTOMER owes the FORWARDER the following penalties:
- 15 euros for each hour started, but not more than 150 euros/day;
- 150 euros for each subsequent day of fun started.
The penalties stated above do not limit or exclude the right of the FORWARDER to claim /apart from the penalty itself/ also compensation up to the amount of the damages suffered.
 
  1. OBLIGATIONS OF THE CUSTOMER
 
  1. The CLIENT is obliged to give specific, clear, sufficient, timely and enforceable INSTRUCTIONS regarding the execution of the forwarding contract, as with the act of assigning a given activity, transaction, or service, declares that:
– has the necessary rights to dispose of the GOODS - subject of the contract;
– has the necessary information about the transactions for the execution of which he engaged the services of the FORWARDER, including the terms of delivery of the GOODS;
– is familiar with the type, exact quantity, properties and specifics of the GOODS and the given description of the GOODS and their properties is complete and accurate for the purposes for which the GOODS are handed over to the FORWARDER;
– THE GOODS are not subject to transactions prohibited in the country of the sender, the RECEIVER or through which the CARGO/GOOD passes;
– GOODS are properly prepared, packed, arranged, labeled, and marked for the purposes for which they are handed over to the FORWARDER;
– accepts all rights and limitations of the FORWARDER's liability and all its obligations and responsibilities under these GTC, including the obligation to indemnify the FORWARDER under certain circumstances against costs, damages, losses and claims of third parties;
  1. The CLIENT declares when assigning the service that:
– the goods are suitable for transport in this transport unit and under the conditions specified in the request and are suitably packed, loaded, arranged, and strengthened in the TRANSPORT UNIT, unless the FORWARDER has agreed to carry out the loading and/or strengthening of the GOODS - subject of transport;
– the requested TRANSPORT UNIT is suitable for the carriage of the GOODS to be transported;
16.  Even when the CLIENT is not responsible, the same is obliged to indemnify the FORWARDER, in the following cases:
– for all taxes, duties, fees, fines, costs, damages, and liabilities paid or incurred by the FORWARDER or its subcontractor in the fulfillment of the forwarding order;
– on the claims brought against the FORWARDER by third parties, including state authorities, when these claims have as their subject the goods of the CUSTOMER/OWNER and the services of the FORWARDER and their value exceeds the amount and/or scope of the FORWARDER's liability under these GTC.
17.  The above obligation can only be waived if the compensation due is expressly included in the agreed remuneration of the FORWARDER, or if the costs, damages, and liabilities arise from the culpable conduct of the FORWARDER.
18.  The CUSTOMER should ensure that the GOODS are loaded at the appointed time, considering the traffic conditions and the planned transport, considering the transport time and the necessary breaks, it allows the carrier to arrive at the unloading address during the consignee's working hours, and the latter must quickly to unload and accept the GOODS upon arrival.
19. The CLIENT must agree that the FORWARDER does not check the documentation, nor the quantity of goods loaded.
 
IV. OFFERS
 
18. Offers given by the FORWARDER are valid if accepted immediately for immediate performance. They can be withdrawn or changed after they have been accepted, only if they contain express stipulations to this effect. If they do not contain express provisions for withdrawal, if the transport request already accepted by the FORWARDER is canceled by the CLIENT later than 2:00 p.m. on the day before the agreed loading date, the latter shall pay the FORWARDER the following penalties: 75% of the freight, agreed for the canceled transport request, if the transport is not groupage, respectively 100% of the freight, if the transport is groupage. Penalties do not limit or exclude the right of the FORWARDER to claim /apart from the sanction itself/ also compensation up to the amount of the damages suffered.
19. The prices in the offers given by the FORWARDER and the contracts concluded by him include only the activities and services expressly listed and refer to standard GOODS, of normal size, weight and condition and not requiring special conditions for transport, storage, and handling, unless otherwise agreed.
20. In case of changes in the cost of a given part of the service, which are beyond the control of the FORWARDER, the last has the right to change the prices and conditions of the service, notifying the CLIENT after learning of the specific change. The FORWARDER may request reimbursement of additional costs incurred that are not included in the offer price, if he has notified the CLIENT of the existence of such costs.
 
V. REQUESTS
 
21.  The execution of the FORWARDER's offers accepted by the CLIENT begins within a reasonable time after receipt and confirmation of the specific request. The CLIENT is obliged to provide the FORWARDER in writing /at the latest before the confirmation of the request/ all details related to its execution: type, weight, volume, value and packaging of the CARGO, details of the loading/unloading schedule, determining the appropriate loading/unloading locations, specific requirements, if any, special interest, if any.
22.  The CLIENT is responsible for all consequences arising from the execution of an incomplete or inaccurate request. The CLIENT is responsible for the accuracy and completeness of the information provided to the FORWARDER, including the accuracy and completeness of the documents accompanying the GOODS. In the event that the weight, quantity, volume, type of the CARGO or any other characteristics of the CARGO do not correspond to the information contained in the request or in the CMR - waybill, or if the transport documentation necessary to carry out customs, veterinary, sanitary procedures, for road traffic or other formalities that should be carried out before handing over the CARGO to the RECEIVER, is missing or does not meet the mandatory requirements in the countries through whose territory the transport is carried out, then the CLIENT is obliged to pay compensation to the FORWARDER according to the documents provided (including decisions of the customs authorities) for the sanctions imposed and for the costs compulsorily paid by the FORWARDER to the relevant authorities (or from any third party (CARRIER) employed by the FORWARDER), as well as for all other costs paid by the FORWARDER, which are due as a result of an act or omission of the CLIENT in relation to this clause. If the CLIENT withdraws a confirmed request, the FORWARDER has the right to receive remuneration in accordance with the costs incurred at the time of withdrawal, regardless of whether the transport has already started or not, unless it is proven that the request was withdrawn due to the FORWARDER's fault.
23.   Even with an already accepted request, the FORWARDER has the right to refuse to start the execution of the transport and even to cancel the request, at any time, without being liable to the CLIENT for the resulting damages, in the following cases:
- If the CARGO loaded or intended for loading does not correspond to that specified in the transport request and/or in the CMR-bill of lading, including in the case of DANGEROUS GOODS, which are of prohibited or restricted items under ADR or similar international or domestic acts;
- If in the opinion of the FORWARDER the GOODS cannot be transported safely and lawfully;
- If the packaging of the CARGO is damaged, insufficient, or unsuitable for the nature of the GOODS, their weight, volume and method of transportation, and the CLIENT refuses to replace them;
- if he has reasonable grounds to believe that the payment of his expenses and remuneration is not secured.
If the violation in the first three hypotheses listed above is removed and the FORWARDER begins or continues the performance of the transport, the FORWARDER will not be liable for delays or any damages.
24. In case the CLIENT requests a change of loading place before 14:00 on the day before the loading date or a change of unloading place after the truck has been loaded, the FORWARDER has the right to request payment of 1,5 euros for each additional kilometer of transport of standard CARGO and 2.30 euros per additional kilometer for CARGO transported at a controlled temperature in the freight facility. Any additional costs that may arise due to the changes, such as costs for ferry tickets, bridge/tunnel crossings, etc., are also the responsibility of the CLIENT. If a change of the place of loading is requested later than the period specified above, the FORWARDER has the right to refuse the request without being responsible for the resulting damages.
 
VI. INSTRUCTIONS
 
25. The parties shall not be liable for any loss or damage arising from the execution of oral instructions that have not been confirmed in writing. Instructions given to persons not competent or authorized to receive them shall be considered void and of no effect. Each party is required to prove the proper and timely delivery of the instructions it relies on to release itself from liability and/or to bind the liability of the other party.
26. Written INSTRUCTIONS received by the FORWARDER shall be treated as final authority until revoked, except for INSTRUCTIONS to deliver the GOODS to a third party, which cannot be revoked once the GOODS have already been delivered to that third party.
27.  The parties are obliged to notify each other immediately of any changes in their address; otherwise, all messages are sent to the last known address.
 
VII. ACCEPTANCE OF THE GOODS BY THE FORWARDER
 
  1. The FORWARDER, respectively his subcontractor, accepts and delivers the GOODS according to external signs /quantity, type, condition/ and according to documents, without being responsible for the contents placed in the packages. Unless expressly requested in the CUSTOMER's request, the FORWARDER has no obligation to inspect the CARGO inside the package.
  2. THE FORWARDER does not give or accept binding declarations about the content, weight, value and condition of the GOODS, and the given usual confirmation of acceptance of the GOODS is not proof of these data. Unless otherwise agreed in the request, at its sole discretion, the FORWARDER has the right to open and inspect the CARGO for safety and security reasons.
  3. The GOODS are considered accepted by the FORWARDER when the CLIENT hands them over to any person acting on behalf of the FORWARDER and the handover is carried out in accordance with the FORWARDER's instructions.
  4. The FORWARDER is obliged to inspect, maintain the condition, and repair the GOODS and their packaging only by express agreement with the CUSTOMER. If the GOODS/CARGO reach the FORWARDER or its subcontractor in a visibly damaged condition, he is obliged to identify the damage, notify the CLIENT, and reserve the latter's rights of claim against the sender of the goods.
  5. (1) The FORWARDER accepts only by express written agreement, based on the CLIENT's declaration, GOODS which: are oversized, heavy or perishable cargo, and/or pose a danger to human health and life, to any property or to the environment, and/or require special mode and arrangements for transport, storage, or handling. If the GOODS are handed over to the FORWARDER without the above declaration and/or if the same is not complete and accurate, the CLIENT is responsible for all resulting costs, damages, even when there is no culpable behavior on his part.
(2) When handing over DANGEROUS GOODS, in addition to the obligations above, the CLIENT is obliged:
- To declare the hazard class and classification number and deliver the GOODS packaged and marked in accordance with applicable domestic and international legislation;
- To give the FORWARDER written INSTRUCTIONS (including the shipper's declaration of DANGEROUS GOODS and/or the necessary TREM-cards) for:
  • the nature of the danger and the security measures for its prevention during the storage, handling, and transport of the GOODS;
  • the measures that should be taken in the event of an accident involving the DANGEROUS GOODS, including the assistance that should be provided to the people who encountered the GOODS, or the substances released from them.
If the FORWARDER fails to fulfill any of the above obligations, the CLIENT is responsible for all resulting costs and damages, even when there is no culpable behavior on his part.
 
VIII. SHIPPING OF THE GOODS BY THE FORWARDER
 
  1. Even if the CLIENT hands over the GOODS accompanied by a transport document, the FORWARDER may ship it with a new transport document showing the CLIENT and/or the FORWARDER as the Sender. Unless expressly agreed in writing, the FORWARDER is not responsible for the dates of dispatch and arrival of the GOODS and for the delivery period.
  2. The FORWARDER is not obliged to transport, store, or process the CLIENT 'S GOODS separately from the goods provided to him by other clients, unless the request expressly states otherwise.
 
IX. FORCE MAJEURE
 
35. Events beyond the control of the FORWARDER and which partially or fully prevent the fulfillment of its contractual obligations, release it from obligations and responsibility under the relevant forwarding request for the duration of these events. In the above-described case, the FORWARDER has the right to cancel the contract, even when it is partially fulfilled, taking reasonable care to preserve the interests of the CLIENT/OWNER.
 
X. CUSTOMS CLEARANCE
 
36. The CLIENT is obliged to announce in advance the customs regime under which he hands over the GOODS to the FORWARDER, as well as to hand over all the necessary data and documents for the customs declaration and customs clearance of the GOODS. The FORWARDER bears no responsibility for omissions and errors of the CLIENT regarding these public obligations. The consequences arising from omissions and errors of the CLIENT/OWNER in this respect are entirely at their expense. Unless otherwise agreed, the FORWARDER has the right to demand from the CLIENT/GOOD OWNER advance payment or security of the customs and tax duties and fees due.
37. The CLIENT and/or the OWNER are obliged to promptly notify the FORWARDER of all public obligations that exist in connection with the GOODS handed over to the FORWARDER. The FORWARDER bears no responsibility for omissions and errors of the CLIENT/OWNER regarding these public obligations. Consequences arising from omissions and errors of the CLIENT/OWNER in this respect are entirely at their expense.
  1. The FORWARDER complies with the legal customs regimes, insofar as he is given correct and accurate information about them according to the type of GOODS and is not obliged to carry out INSTRUCTIONS of the CLIENT/OWNER, leading to customs violations.
 
XI. DELIVERY AND DISPOSAL OF THE GOODS BY THE FORWARDER
 
39. The FORWARDER has the right to hand over the GOODS to any adult person belonging to the RECEIVER's household or enterprise or to a person who has the right to receive the same, according to the documents presented to the FORWARDER. Handing over to a person specified in the previous sentence relieves the FORWARDER of liability. The provisions of Art. 29 to Art. 31 mentioned above.
  1. The handing over of the GOODS to the RECIPIENT is subject to payment of all due costs (unless otherwise agreed), and in case of refusal to pay, it is considered that there is a refusal to accept the GOODS. If the RECIPIENT refuses to pay part or all the cost’s payable by cash on delivery, it is considered that there is a refusal to accept the GOODS.
  2. If the CLIENT, OWNER, or RECEIVER does not accept the GOODS at the place where and/or at the time when the FORWARDER has the right to demand acceptance, the FORWARDER may, with or without prior notice, dispose of the GOODS at its option, choosing one of the specified below ways:
– To return the GOODS to the Sender, demanding payment of all costs incurred in doing so and his usual remuneration.
– To place the GOODS in storage, whereby the FORWARDER's responsibility for the GOODS is terminated and all costs are borne by the CLIENT, even when the warehouse belongs to the FORWARDER.
42. The FORWARDER has the right to sell or otherwise reasonably dispose of GOODS that cannot be delivered in accordance with the CLIENT/OWNER'S INSTRUCTIONS, subject to the following conditions:
– with 30 days prior notice to the CLIENT.
– when the CLIENT and/or other entitled parties cannot be located and/or fail to provide enforceable INSTRUCTIONS and/or fail to pay amounts legally due - after the expiration of a 90-day period from the date on which the GOODS should have been accepted by the RECIPIENT.
– without prior warning for perishable GOODS, for GOODS that have perished/damaged and/or the storage of which may cause damage to the FORWARDER or third parties, or contravenes applicable legal norms.
43. In the cases specified in the previous article, the FORWARDER disposes of the GOODS at the expense of the OWNER and is obliged to make available to the entitled party the amount of the sale after deducting the expenses. If these expenses exceed the amount of the sale, the FORWARDER is entitled to receive the difference.
 
XII. INSURANCE OF THE GOODS
 
44. The insurance of the GOODS is carried out at the expense of the CLIENT and only upon his express written request, indicating the insurance value and the risks covered, while the FORWARDER does not enjoy the rights of the Insured and bears no responsibility as an Insurer when the insurance is concluded on behalf of and at the expense of the CLIENT. The CLIENT has no right to claim against the FORWARDER under the concluded insurance, except for gross negligence in carrying out the insurance. The FORWARDER has the right to remuneration for carrying out insurance for the goods, for processing insurance claims and for collecting the insurance compensation as assigned by the CLIENT/OWNER.
  1. Upon the occurrence of an insurance event, the FORWARDER shall be deemed to have fulfilled its obligations when it has taken reasonable measures to preserve the CLIENT's interests and his rights under the insurance and has transferred his rights under the insurance (if the same was concluded on behalf of the FORWARDER ) of the CLIENT, the OWNER and/or the INSURER.
  2. In the event of damage covered by insurance carried out on behalf of the FORWARDER at the expense of the CLIENT, the FORWARDER shall be released from liability to the CLIENT/OWNER for the part of the damage covered by the insurance indemnity.
 
XIII. LIABILITY OF FORWARDER
 
47. The FORWARDER's liability is determined, excluded, and terminated in the manner and to the extent defined in these GTC.
  1. If the present GTC contains a provision that limits or excludes the FORWARDER's liability, the CLIENT or other persons cannot object to it for tort.
  2. The responsibility of the FORWARDER when performing services, in the capacity of Attorney or Commercial Representative of the CLIENT, is engaged only in case of his mistake or culpable behavior. As an Attorney or Commercial Representative, the FORWARDER is not liable for damages caused to the CLIENT by the CONTRACTOR for the services of transportation, storage, and handling of the Goods, unless he has exercised the care of a good trader in the selection of the CONTRACTOR. The FORWARDER shall account for the transaction and transfer to the CLIENT/OWNER all its rights on the claims it has against third parties.
  3. When acting as an OPERATOR, the FORWARDER is liable for proven damages from shortages and damages arising from the period from the receipt of the GOODS under his control until their delivery to the RECEIVER.
  4. In all cases, the FORWARDER is solely responsible for the direct shortages and damages of the GOODS accepted by him and is not responsible for any indirect damages, losses, and lost profits. In case of loss or damage to a part of the GOODS, which makes the remaining part unusable for its intended purpose, the FORWARDER is only responsible for the damage to the specific part.
  5. The FORWARDER shall be released from liability for damages from shortages and damage to the GOODS, if the same arose from:
– execution of INSTRUCTIONS of the CLIENT and actions or inactions of the same;
– lack of documented CLIENT INSTRUCTIONS when the nature of the GOODS and/or service requires such INSTRUCTIONS;
– internal and hidden defects of the GOOD and its packaging and/or inappropriate, insufficient, or missing packaging;
– the properties inherent in the GOODS and/or the materials from which it is made;
– normal ageing, biological and physical-chemical processes normally occurring in the GOODS;
– action of rodents, moths, molds, and other pests;
– low and high temperatures, drying, moistening or condensation of moisture in a warehouse or means of transport without special regulation of temperature and humidity (unless by express agreement with the CLIENT to use a special means of transport);
– other atmospheric influences and their consequences when storing or transporting the GOODS in a warehouse or means of transport unprotected from these influences with the consent of the CLIENT;
– military actions; strikes; burglary; robbery; actions of armed gangs; actions of refugees and refugee groups, actions of the authorities and of bodies and institutions authorized by them; nuclear accidents and their consequences; fire, earthquake and other natural disasters; circumstances that have the nature of force majeure and other circumstances that the FORWARDER cannot foresee and/or the consequences of which he cannot prevent with reasonable care and diligence.
To be released from responsibility, the FORWARDER is obliged to prove that the damage caused by shortages and damage to the GOODS resulted from the action of the above factors.
 
XIV. DETERMINATION OF INDEMNIFICATION
 
53. Without contradicting those defined in Art. 56 limitations, the compensation payable by the FORWARDER for damage and/or missing GOODS cannot exceed the value of the damaged or missing GOODS at the time and place where the GOODS were received by the FORWARDER.
  1. This value is determined based on the invoiced value of the GOODS, and when there is none, the same is determined by first considering the current exchange price, if there is none, it is determined based on the wholesale market price, and if the GOODS do not have exchange or market price, the usual value of the GOODS of the same kind and quality is considered.
  2. The compensation owed by the FORWARDER is paid in Bulgarian leva, calculated, if necessary, at the central exchange rate of the Bulgarian National Bank on the date on which the damage occurred, and if this date is unknown - at the exchange rate for the date on which damage found. When compensation is owed to a foreign person, the compensation can be paid in accordance with the value determined in the previous article and according to the exchange rate specified in the previous sentence.
  3. When the FORWARDER's liability arises from the mandatory provisions of a law and/or international act, which cannot be amended or canceled by contract, the compensation due is determined in accordance with the provisions of this law and/or international act, but in all cases, compensation for damages from shortages and damage to the GOODS is limited to:
– SDR 2,00 per kilogram gross weight of missing/damaged GOODS, but not more than SDR 666,67 per parcel or consignment for carriage by water and for combined carriage in an international message involving a water leg, at which the place of occurrence of the lack/damage cannot be established.
– SDR 8,33 per kilogram of gross weight of missing/damaged GOODS when transported by road and/or rail in an international message.
– in the case of air transport, the FORWARDER's liability is limited to the limits established in the Convention for the Unification of Certain Rules for International Carriage by Air, signed in Montreal on 28 May 1999, or the International Convention for the Unification of Certain Rules for International Carriage by Air, signed in Warsaw on 12.10.1929, depending on the circumstances, which of the two is applicable in the case.
  1. In the event of a delay in delivery due to the fault of the FORWARDER, if the entitled person proves that damage has arisen as a result, the FORWARDER shall pay compensation up to the amount of the damage, but not more than his remuneration for the given transaction/service.
  2. For all other claims, the compensation payable by the FORWARDER is limited to the lesser of the following amounts:
– the value of the GOODS subject to the specific transaction between the FORWARDER and the CLIENT, but not more than SDR 2,00 per kilogram of gross weight with a maximum of SDR 666,67 per parcel or consignment,
or
– SDR 50,000 for each individual transaction.
59. When the compensation that the FORWARDER pays is equal to the full value of the GOODS, determined according to Art. 54-55 above, the CLIENT or the OWNER shall transfer in favor of the FORWARDER the right of ownership of the GOODS and any rights they have against third parties in relation to the GOODS.
 
XV. COMPLAINTS. TERMS AND PROCEDURES
 
60. All damages due to shortages, damages and for other reasons should be documented and reported in writing to the FORWARDER immediately after the events giving rise to the claim become known to the damaged party, but no later than:
– acceptance of the GOODS by the RECIPIENT in the event of obvious shortages and damage to the GOODS;
– 5 (five) days after delivery in case of hidden shortages and damage to the GOODS;
– 20 (twenty) days after the agreed or usual delivery period in case of delayed delivery or non-delivery of the GOODS;
– 30 (thirty) days after the event in all other cases.
61. In the event of non-compliance with the terms and procedures described in the previous point, it is considered until proven otherwise that the shortages, damages, and injury occurred after the GOODS were handed over by the FORWARDER.
  1. The term for presenting a proven claim against the FORWARDER is 3 (three) months and runs according to the provisions of Art. 65 of these General Terms and Conditions.
  2. When the carriage is carried out under the terms of an international act, the notification and complaint terms provided for in the same shall apply. The complaint is legally filed only when the CLIENT has paid all amounts owed to the FORWARDER without delay, deduction or set-off.
  3. In the event of non-compliance with the above provisions and when the injured party, through his actions/inaction, has thwarted the possibility of filing a recourse claim against the guilty third parties, the FORWARDER may reject the claim without giving reasons.
 
XVI. LIMITATION PERIOD
 
65. The limitation period for legal claims arising from the services and transactions of the FORWARDER is determined according to Bulgarian legislation and/or applicable international acts.
 
XVII. FORWARDER'S REMUNERATION. SECURITIES
 
66. The CLIENT is obliged to pay the FORWARDER all amounts due on their due date, without delay, deduction or set-off, regardless of whether these amounts represent due remuneration for services rendered, or expenses and damages incurred by the FORWARDER. The agreed remuneration is in this amount under normal transport conditions, as well as in case of correctness and completeness of the information given by the CLIENT, about the transported goods and the places of loading and unloading. THE FORWARDER has the right to be compensated for additional costs in the event of unforeseeable changes in fuel prices or increases in dues, tolls or travel charges, exchange rates or legal regulations.
  1. Unless otherwise agreed, any sum due shall be due and payable by the CLIENT after 10 (ten) days from the date of dispatch and/or delivery of the invoice to the FORWARDER for CLIENTS in the country and 14 (fourteen) days from the date of dispatch and/or delivery of the invoice for CLIENTS abroad.
  2. In case of overdue payments with due date, the payer of the invoice owes a penalty in the number of OLP + 20 points for each day of delay, but not more than the value of the corresponding payment.
  3. Even when the FORWARDER has accepted INSTRUCTIONS to collect only part or all the sums and fees due to him from a third party, the CLIENT always remains jointly and severally liable for the payment of these sums when due.
  4. The FORWARDER has the right to file a claim for all amounts due, both against the CLIENT and against the Sender, RECEIVER and/or OWNER of the GOODS.
  5. The FORWARDER has the right to demand partial or full prepayment or security for all costs of the execution of the order and for his remuneration.
  6. The FORWARDER has the right to take all reasonable measures, including disposing of the GOODS at its discretion, to ensure reimbursement of costs and damages incurred in the fulfillment of the forwarding order, unless the same is caused by the fault of the FORWARDER.
  7. The FORWARDER is a creditor with a right of lien/legal lien, which he exercises in accordance with the Commercial Law and the Law on Obligations and Contracts, and all other applicable legal norms related to the right of lien in the Republic of Bulgaria, as security for the payment of the remuneration and/ or any other amount due to him under the application and these GTC, including the costs of its recovery. This lien/lien may be exercised not only for non-payment in respect of a particular transaction or service, but also against any obligations existing at any time, including under other contracts. The FORWARDER may exercise a lien/lien in any reasonable manner, including by sale or disposition of the GOODS. The FORWARDER shall not be liable for any delay in the delivery of GOODS, nor for any additional costs of the RECEIVER, for which the latter has already claimed or may claim against the CLIENT, or for any damages suffered by him. In addition to the GOODS, this right also extends to all other goods, securities, and sums of money at the disposal of the FORWARDER, which are owned by the defaulting debtor or handed over by him during the execution of the transaction.
  8. Under no circumstances is the CLIENT entitled to withhold or deduct sums owed to the FORWARDER without the latter's express written consent.
 
XVIII. FINAL PROVISIONS
 
75. When a FORWARDER in Bulgaria subcontracts the execution of part or all the forwarding contract to an intermediate FORWARDER abroad, the general conditions of the Bulgarian FORWARDER shall apply in the relations between the Bulgarian and the foreign FORWARDER, unless otherwise agreed.
  1. When part or all the freight forwarder contract is subcontracted to a Bulgarian intermediate FORWARDER, in the relations between the initial and intermediate FORWARDER, the present General Terms and Conditions apply, whereby the original FORWARDER appears in the role of CLIENT under these General Terms and Conditions.
  2. The provisions of the specific forwarding contract, the applicable international conventions and the legislation of the Republic of Bulgaria apply to all issues not settled by these General Terms and Conditions.
  3. All disputes arising out of or relating to these GTC, including disputes arising out of or relating to its interpretation, cancellation, performance, or termination and which cannot be resolved by negotiation, as well as disputes over completion or gaps in them or in bringing them into conformity, in accordance with new circumstances, will be resolved by the competent Bulgarian court in the city of Sofia. Applicable law is the current Bulgarian legislation.
 
These General Terms and Conditions were adopted on 20.10.2022.