GENERAL CONDITIONS FOR THE PERFORMANING OF FORWARDING SERVICES APPLICABLE TO CLIENTS-CONSIGNORS TO
“STM GROUP” LTD, UIC: 201915070, Sofia city, referred to below 'Forwarder“, performs forwarding and carriage transactions of goods and cargo for remuneration by road under the terms of the Convention on the contract for the international carriage of goods by road (CMR), including the accompanying services for storing, processing and documenting goods and cargo. The present General conditions are applicable to the contracts, which are concluded on the basis of a request filed by a client-consignor of the company, who referred to them for forwarding and carriage of goods and cargo by road. The present GC apply to the relations with CONSIGNORS of transport services and regulate the conditions and liability of the parties in the performance of the services and related transactions. The present GC do not regulate the relationship between the FORWARDER and its subcontractors - the carriers.
“STM GROUP” LTD
For the purposes of the present GC, the following definitions are also used in the following terms:
”FORWARDER“ is “STM GROUP” LTD, UIC: 201915070, with headquarters and management address: Sofia city, 1592, region „Iskar“, 64 “Hristofor Kolumb” boulevard, building В2, office 206, e-mail: firstname.lastname@example.org, which is represented by the manager Irina Aleksandrova Velikova. Within the present GC the meaning of the term “FORWARDER“ is not limited to the definitions, which are contained in the norms of the Commercial law, with regard to governing the contract for forwarding and carriage.
“CLIENT“ or “CONSIGNOR“ means any natural or legal person, as the FORWARDER concludes carriage transactions and/or performs carriage services for the account of or for the benefit of, or the assignment of the client.
“OWNER“ is natural or legal person, who has the right of ownership on GOODS/CARGO at the time of performance of carriage.
“CARRIER“ or “CONTRACTOR“ means the physical performer (Carrier, The subsequent contractor, Warehouse Operator, etc.), which is employed or engaged by the FORWARDER through a request for the performance of the transactions and services, that are organized by the FORWARDER.
"CONSIGNEE" means the natural or legal person who should receive the delivered GOODS from the FORWARDER at the place of unloading.
"GOODS" or "CARGO shall be the subject of the services and related transactions, which are performed by the FORWARDER or his subcontractor under the present GC, which also includes any packaging, container or load protection facility for its transport, handling, storage, loading or unloading.
”DANGEROUS CARGO“ is the CARGO/GOODS, whose storage, handling or transport is regulated as a risky one by the law of the country of the consignor, the CONSIGNEE or the country, through which the CARGO/GOODS passes, as well as the applicable international regulations.
"TRANSPORT UNITS" are cargo vehicles, trailers and semi-trailers, containers, wagons, tanks and all other equipment, which are especially designed for the carriage of goods by land, water or air.
"PROCESSING" are the physical operation, which are organized and/or performed by the FORWARDER or its subcontractor with CARGO/GOODS, including: unloading, loading, tidy up, packing, counting, weighing, etc.
"INSTRUCTIONS" are all written requirements that the CLIENT has given to the FORWARDER, which they have accepted for performance.
"FORWARDING DOCUMENT" is any document, which is issued in the name and on behalf of the FORWARDER relating to the carriage, storage or handling of GOODS/CARGO, including a waybill, warehouse receipt or other transport document.
I. SUBJECT AND SCOPE
1. The present GC govern the rights and obligations of the parties in the performance of forwarding and transporting services and the related transactions, which are concluded between the CLIENT and the FORWARDER /his employees, subcontractors, proxies and persons, which are acting on behalf of and for the account of the FORWARDER. The same does not apply to the relations which exist between the FORWARDER and the CARRIERS, the overloading contractors and the warehouse operators.
2. The present GC are applicable irrespective of the fact whether the above transactions and services are performed in one of the following ways:
- For a fee or free of charge;
- By expressed or implied arrangement or assignment;
- As a separate service or as part of another service;
- by assigning from the CLIENT, the consignor, the CONSIGNEE, the OWNER or other interested parties.
3. All the activities and services, which are performed by the FORWARDER, as well as the signed contracts and the signed documents, represent the subject to the present GC if the filed reques from the CLIENT to the FORWARDER reffered to them, and the applicable mandatory legal rules, which are included in the Convention on the contract for the international carriage of goods by road (CMR), 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) /when necessary/ with all the resulting rights and obligations, including also claims, unless the parties have agreed otherwise expressly and in writing. For the cases, that are not covered by the aforementioned acts, the Bulgarian law applies unless the parties have agreed otherwise expressly and in writing. The CLIENT and/or the OWNER unconditionally accept that for each assignment of an activity with a request made by the CLIENT to the FORWARDER, referring to the current GC, regardless of the type of assignment, service or transaction of the FORWARDER, conclude with the FORWARDER a contract, an inseparable part of which are the present GC.
II. RIGHTS AND OBLIGATIONS OF THE FORWARDER
4. In performing of the activities and related transactions, subject to the present GC, the FORWARDER may act in the capacity of:
–In this case the FORWARDER acts in the name and on behalf of the CLIENT and/or OWNER and is liable only for his conduct in the exercise of their authority. The rights and obligations under the concluded contracts for transportation, warehousing of GOODS and for other services arise directly between the parties of the transaction - CLIENT and CONTRACTOR of the service;
–COMMERCIAL REPRESENTATIVE, in this case the FORWARDER acts in his own name but at the expense of the CLIENT 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 at his own expense.
5. The FORWARDER carries out the activities and services of the transactions concluded by him and within a reasonable time, unless otherwise agreed between the parties.
6. The FORWARDER, regardless of the quality in which he operates, is required to have the necessary organization, staff and skills to perform the agreed activities and services.
7. The FORWARDER has the right, without the need for specific explicit consent of the CLIENT, to reassign the transport to a subcontractor - CARRIER.
8. The FORWARDER is obliged to take reasonable measures to perform the INSTRUCTIONS of the CLIENT by taking the following actions:
– to notify the CLIENT if they consider his INSTRUCTIONS to be incomplete, inaccurate, or that it will be difficult or impossible to perform them, or they may be related with the involvement of additional costs;
– to deviate from the INSTRUCTIONS of the CLIENT, when it is apparent from the particular circumstances that they will damage and harm his interests.
9. The FORWARDER, in accordance with his professional experience, knowledge and skills, is required to notify the CLIENT in advance of any obstacles that may hinder the performance of the request.
10. In the event that after the conclusion of the contract, the FORWARDER has become aware of circumstances that would have impeded the performance of the contract, he shall inform the CLIENT and request additional INSTRUCTIONS.
11. Unless otherwise agreed in the application, the packing, loading, consolidation and unloading of the GOODS are not obligations of the FORWARDER, and the latter is not responsible for damaging of the GOODS during their loading or unloading or due to lack of, bad or inappropriate packed GOODS. The CLIENT is obliged to provide the CARGO for carriage in adequate and sufficient packaging, which must protect the cargo from the damage during transport. 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, which is carried along with that of the CLIENT.
12. Unless otherwise agreed in the request, the FORWARDER has the right to overload the GOODS and use different OVERLOADs - cross-doc with a purpose to ensure timely and secure delivery to the final destination.
13. The free time for loading/unloading the GOODS, calculated from the moment of arrival of the vehicle at the loading/unloading point, but not earlier than the time and date specified in the box, is:
- 3 hours - for transport without customs formalities;
- 24 hours - for transport requiring customs formalities.
Unless otherwise agreed in the request, in the event that the free time described above is exceeded, the CLIENT owes the FORWARDER the following penalties:
- EUR 15 for each hour commenced, but not more than EUR 150/day;
- EUR 150 for each subsequent commenced day of delay.
The penalties referred to above do not limit or exclude the FORWARDER's right to claim, besides the sanction itself, also compensation up to the amount of the actual harm suffered.
III. OBLIGATIONS OF THE CUSTOMER
14. The CUSTOMER is obliged to give specific, clear, sufficient, timely and enforceable INSTRUCTIONS regarding the performance of the forwarding contract, by declaring that with the act of awarding an activity, transaction or service:
– has the necessary rights to dispose of the GOODS - object of the contract;
– has the necessary information about the transactions the execution of which engages 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 given to the FORWARDER;
– The GOODS are not the subject of transactions, banned in the country of the consignor, the CONSIGNEE or through which the CARGO/GOODS are passed;
– The GOODS are appropriately prepared, packaged, stacked, labeled and marked for the purposes for which they are given to the FORWARDER;
– accepts all rights and limitations on the liability of the FORWARDER and all his obligations and responsibilities under the present GC, including the obligation to indemnify, in certain circumstances, the FORWARDER against costs, damages, losses and claims of third parties;
15. The CLIENT declares when assigning the service that:
– the goods are suitable for carriage in this transport unit and under the conditions specified in the request and they are suitably packed, loaded, stacked and fortified in the TRANSPORT UNIT unless the FORWARDER has accepted to perform the loading and/or strengthening of the GOODS - the subject of the carriage;
– the requested TRANSPORT UNIT is suitable for the carriage of GOODS, which should be transported;
16. Even when the CLIENT is not liable, he shall indemnify the FORWARDER in the following cases:
– for taxes, duties, fees, fines, costs, damages and liabilities paid or incurred by the FORWARDER or his subcontractor in performance of the forwarding order;
– in the claims, brought against the FORWARDER by third parties, including state authorities, where such claims have as their object the goods of the CLIENT/OWNER and the services of the FORWARDER and their value exceeds the amount and/or scope of the FORWARDER's liability under the present GC.
17. The above obligation may be waived only if the payable compensation is expressly included in the contractual fee of the FORWARDER, or if the costs, damages and liabilities arise from the FORWARDER's guilty conduct.
18. The offers submitted by the FORWARDER are valid if they are accepted immediately for immediate performance. These may be withdrawn or changed once they are accepted unless they contain explicit arrangements for this. If they do not contain explicit withdrawal arrangements, in the event that the transfer request, which is already accepted by the FORWARDER, is canceled by the CUSTOMER no later than 14:00 h the day before the agreed loading date, the latter shall pay to the FORWARDER the following penalties: 75% of the freight agreed for the canceled transport request if the carriage is not grouped, respectively 100% of the freight, if the carriage is grouped. The penalties do not limit or exclude the right of the FORWARDER to claim, besides the sanction itself, also compensation up to the amount of the actual suffered damage.
19. The prices in the FORWARDER's offers and contracts concluded by him shall only include the explicitly listed activities and services and shall 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 part of the service that are beyond the control of the FORWARDER, the latter has the right to change the prices and conditions of the service by informing the CLIENT after knowing the specific change. The FORWARDER may request reimbursement of additional costs not included in the provided offer price, in case that he has notified the CLIENT of the existence of such costs.
21. The performance of the 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 performance: the type, weight, volume, value and packing of the CARGO, details of the loading/unloading schedule, loading/unloading places, specific requirements, if any, particular interest, if any.
22. The CLIENT is responsible for all consequences resulting from the performance 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 CARGO or any other features of the CARGO does not correspond to the information contained in the request or the CMR - the bill of lading, or if the transport documentation required for customs, veterinary, sanitary procedures, road traffic or other formalities to be carried out before the CARGO is delivered to the CONSIGNEE is missing or does not meet the mandatory requirements in the countries through whose territory the transport, the CLIENT is obliged to pay compensation to the FORWARDER in accordance with the documents provided (including decisions of the customs authorities) on the penalties imposed and on the expenses forfeited by the FORWARDER the relevant authorities (or any third party (CARRIER) hired by the FORWARDER) as well as any other costs paid by the FORWARDER that are due as a result of an action or omission of the CLIENT in connection with this clause. If the CLIENT withdraws a confirmed request, the FORWARDER is entitled to receive remuneration in accordance with the costs incurred at the time of withdrawal, whether or not it has already begun the transport operation, unless it is proved that the request has been withdrawn by the fault of the FORWARDER.
23. Even if a request is already accepted, the FORWARDER has the right to refuse to commence the carriage and even cancel the order at any time without being liable to the CUSTOMER for the damages resulting from this in the following cases:
- If loaded or intended for load CARGO does not correspond to that specified in the transport request and/or the CMR-the bill of lading, consignment note, including in the case of DANGEROUS GOODS which are from prohibited or restricted ADR items or similar international or domestic acts/;
- If, at the discretion of the FORWARDER, GOODS can not be transported safely and legally;
- If the package of the CARGO is damaged, inadequate or inappropriate for the nature of the GOODS, their weight, volume and mode of transport, and the CLIENT refuses to replace them;
- If there are reasonable reason to believe that the payment of the costs and the remuneration is not secured.
In the event that the breach of the first three hypotheses listed above is removed and the FORWARDER initiates or continues to perform the transport, the FORWARDER shall not be liable for delays or any damage.
24. In the event that the CLIENT requests a change of the place of loading before 14:00 on the day before the date of loading or change of the place of unloading after the truck is loaded, the FORWARDER shall have the right to claim a payment of EUR 1,5 for each additional kilometer of standard CARGO and EUR 2.30 for an additional kilometer for CARGOS that are transported at a controlled temperature in the cargo compartment. Any additional costs that may arise due to the aforementioned changes, such as bridge/tunnel ferry tickets, etc., are also at the expense of the CLIENT. If a change of place of loading is requested later than the deadline mentioned above, the FORWARDER has the right to refuse the application without being responsible for the damages resulting from this.
25. The parties are not responsible for losses and damages resulting from the execution of oral instructions that have not been confirmed in writing. Instructions handed over to persons who are not competent or not authorized to accept them shall be deemed null and void. Each party shall be required to demonstrate the duly and timely delivery of the instructions it relies on in order to release and/or engage the responsibility of the other party.
26. The INSTRUCTIONS received by the FORWARDER are treated as final authority until they are revoked, except for INSTRUCTIONS of the GOODS to be handed over to a third party which can not be canceled after the GOODS have already been handed over to that third party.
27. Parties are required to notify immediately of any changes to their address; otherwise, all messages are sent to the last known address.
VII. ADMISSION OF GOODS BY THE FORWARDER
28. The FORWARDER, respectively a subcontractor, accepts and conveys the GOODS according to external features /quantity, type, state/ and on documents, without being responsible for the contents of the packaging. Unless explicitly requested in the CLIENT's request, the FORWARDER has no obligation to inspect the CARGO inside the package.
29. The FORWARDER does not give or accept binding statements about the contents, weight, value and condition of the GOODS, and the usual acknowledgment of acceptance of the GOODS is not evidence of such data. Unless otherwise specified in the request, the FORWARDER may, at his sole discretion, open and verify the CARGO for safety and security reasons.
30. GOODS are deemed to have been accepted by the FORWARDER when the CLIENT submits them to any person acting on behalf of the FORWARDER and the transfer is made in accordance with the instructions of the FORWARDER.
31. The FORWARDER is obliged to inspect, maintain and repair the GOODS and their packaging only upon explicit agreement with the CLIENT. In the event that the GOODS/CARGO arrive at the FORWARDER or its subcontractor in a visibly damaged state, he must identify the damage, inform the CLIENT and retain the rights of the CLIENT of a claim against the consignor of the goods.
32. (1) The FORWARDER accepts, upon explicit written agreement based on the CLIENT's declaration, GOODS which: are oversized, heavy or easily corruptible cargo and/or pose a danger to human health and life, to any property or the environment; and/or require special mode and equipment for transport, storage or handling. If the GOODS are handed over to the FORWARDER without the above declaration and/or if it is not complete and accurate, the CLIENT shall be liable for all costs incurred, even if there is no guilty conduct on his part.
(2) When transporting DANGEROUS GOODS, in addition to the above obligations, the CLIENT shall be obliged:
- To declare the hazard class and classification number and to 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 for DANGEROUS CARGO and/or the necessary TREM cards) for:
If the FORWARDER does not fulfill any of the above obligations, the CLIENT shall be liable for all costs incurred, even if there is no guilty conduct on his part.
- the nature of the hazard and the precautionary measures for its prevention in the storage, manipulation and transport of the GOODS;
- the measures to be taken in the event of an accident affecting the DANGEROUS GOODS, including the assistance to be provided to people who have come into contact with the GOODS or the substances that have been removed.
VIII. DISPATCH OF THE GOODS FROM THE FORWARDER
33. Even if the CLIENT handed over the GOODS accompanied by a transport document, the FORWARDER may dispatch it with a new transport document indicating the CLIENT and/or the FORWARDER as a Consignor. Except as expressly agreed in writing, the FORWARDER shall not be liable for the dates of dispatch and the arrival of the GOODS and the delivery period.
34. The FORWARDER is not obliged to transport, store or process the CLIENT'S GOODS separately from the goods provided to it by other customers, unless otherwise expressly stated in the order.
IX. FORCE MAJEURE
35. Events beyond the control of the FORWARDER and which partially or fully obstruct the fulfillment of his contractual obligations shall exempt him from obligations and liability under the respective forwarding order for the duration of such events. In the above-mentioned case, the FORWARDER has the right to terminate the contract, even when he is partially performed, by exercising reasonable care to preserve the interests of the CLIENT/OWNER.
X. CUSTOMS CLEARANCE
36. The CLIENT is obliged to declare in advance the customs regime in which he submits the GOODS to the FORWARDER, as well as to submit all necessary data and documents for the customs manifestation and the customs clearance of the GOODS. The FORWARDER is not responsible for any errors or mistakes of the CLIENT regarding these public obligations. The consequences arising from omissions and mistakes of the CLIENT/OWNER in this respect are entirely at their expense. Unless otherwise agreed, the FORWARDER is entitled to require from the CLIENT/OWNER the advance payment or payment of the due duties, taxes and fees.
37. The CLIENT and/or the OWNER must promptly notify the FORWARDER of any public obligations that exist in connection with the GOODS delivered to the FORWARDER. The FORWARDER is not responsible for the omissions and errors of the CLIENT/OWNER regarding these public obligations. The consequences arising from omissions and mistakes of the CLIENT/OWNER in this respect are entirely at their expense.
38. The FORWARDER complies with the legal customs regimes insofar as it is given correct and accurate information about them according to the type of the GOODS and is not obliged to perform INSTRUCTIONS of CLIENT/OWNER leading to customs violations.
XI. TRANSMISSION AND PROVISION OF THE GOODS BY THE FORWARDER
39. The FORWARDER has the right to surrender the GOODS to any adult person belonging to the household or company of the CONSIGNEE or to a person entitled to receive it, according to the documents submitted to the FORWARDER. The transfer of a person referred to in the preceding sentence relieves the FORWARDER of liability. In the case of the transmission, the provisions of article 29 to article 31 mentioned above are applied.
40. Transmission of the GOODS to the CONSIGNEE is conditional upon the payment of all due expenses (unless otherwise agreed) and in case of refusal of payment it is considered as if there is a refusal to accept the GOODS. Upon refusal of the CONSIGNEE to pay part or all of the payments due with
cash on delivery, it is considered that there is a refusal to accept the GOODS.
41. If the CUSTOMER, OWNER or CONSIGNEE does not accept the GOODS at the place and/or at the time the FORWARDER may, with or without prior notice, dispose of the GOODS by choosing one of the below mentioned ways of their choice:
– Return the GOODS to the Consignor and demand payment of all costs incurred and of his usual remuneration.
– To place the GOODS in stock, and the responsibility of the FORWARDER for the GOODS is terminated and all costs are charged to the CLIENT, even when the warehouse belongs to the FORWARDER.
42. The FORWARDER has the right to sell or otherwise dispose of the GOODS that can not be transmitted in accordance with the CLIENT/OWNER'S INSTRUCTIONS under the following conditions:
– with a 30-day prior notice to the CLIENT.
– when the CLIENT and/or the other eligible parties can not be found and/or do not provide executable INSTRUCTIONS and/or do not pay legally owed amounts - after the expiration of 90 days from the date on which the GOODS should have been accepted by the CONSIGNEE.
– without prior notice of easily perishable GOODS, for GOODS that have been lost/destroyed and/or whose storage may cause damage to the FORWARDER or third parties or is contrary to applicable law.
43. In the cases mentioned 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 person the amount of the sale after deduction of the expenses. If these costs exceed the amount of the sale, the FORWARDER has the right to receive the difference.
XII. INSURANCE OF THE GOODS
44. The insurance of the GOODS is performed on behalf of the CLIENT and only at his explicit written request indicating the insurance value and the covered risks and the FORWARDER can not use the rights of the Insured goods and is not liable 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 insurance except for gross negligence in the course of the insurance. The FORWARDER is entitled to remuneration for insurance of the goods, for the processing of insurance claims and for the collection of the insurance indemnity for assignment by the CLIENT/OWNER.
45. Upon occurrence of an insured event, it is considered that the FORWARDER has fulfilled his obligations when he has taken reasonable measures to preserve the interests of the CUSTOMER and his rights in the insurance and has transferred their rights (if concluded on behalf of the FORWARDER) to the CUSTOMER, OWNER and/or INSURER.
46. In the case of damage covered by insurance on behalf of the FORWARDER at the expense of the CLIENT, the FORWARDER shall be liable to the CUSTOMER/OWNER for the part of the damage covered by the insurance indemnity.
XIII. RESPONSIBILITY OF THE FORWARDER
47. The liability of the FORWARDER is determined, excluded and terminated in the manner and to the extent defined in the present GC.
48. If there is a provision in the present GC which limits or excludes the liability of the FORWARDER, the CLIENT or other persons may not oppose objections for unauthorized damage.
49. The liability of the FORWARDER in performance of services in his capacity as an Attorney or a Sales representative of the CLIENT, shall only be liable for his fault or guilty conduct. As an Attorney or Sales representative, the FORWARDER is not liable for damages caused to the CLIENT by the CONTRACTOR for transportation, storage and handling of the GOODS unless he has not taken good care in choosing an CONTRACTOR. The FORWARDER should report the transaction and transfer all their rights and actions against third parties to the CLIENT/OWNER.
50. When acting as an OPERATOR, the FORWARDER is responsible for the proven damage caused by failures and damages arising from the receipt of the GOODS under his control until their delivery to the CONSIGNEE.
51. In any case, the FORWARDER is responsible only for the direct failure and damage to the GOODS and accepts no responsibility for any indirect damages, losses and lost profits. In the event of loss of a part or damage to a part of the GOODS which makes the remainder unusable as intended, the FORWARDER shall be liable only for the damage of the particular part.
52. The FORWARDER shall be relieved of liability for damages caused by losing of GOODS and damage to GOODS if they originate from:
– performance of the INSTRUCTIONS of the CLIENT and actions or omissions thereof;
– the lack of documented NSTRUCTIONS of the CLIENT regarding the nature of the GOODS and/or the service requires such INSTRUCTIONS;
– internal and hidden defects of the GOODS and its packaging and/or inadequate or missing packaging;
– the properties inherent in the GOODS and/or the materials from which they are made;
– normal aging, biological and physico-chemical processes commonly occurring in the GOODS;
– the action of rodents, moths, molds and other pests;
– low and high temperatures, drying, moisture or condensation in a warehouse or transport means without special temperature and humidity regulation (except by express agreement with the CLIENT to use a special vehicle);
– other atmospheric influences and their consequences when storing or transporting the GOODS in an unprotected warehouse or vehicle with the consent of the CLIENT;
– military actions; strikes; burglary thieves; robbery; acts of armed gangs; actions by refugees and refugee groups, action by the authorities and their authorized bodies and institutions; nuclear incidents and their consequences; fire, earthquake and other natural disasters; circumstances that are force majeure, and other circumstances that the FORWARDER cannot foresee and/or the consequences of which cannot prevent with reasonable care and diligence.
In order to release themselves from responsibility, the FORWARDER is required to prove that the damage caused by the failure of the goods resulted from the factors above.
XIV. DETERMINATION OF COMPENSATION
53. Without prejudice to the definitions in article 56 limitations, the compensation payable by the FORWARDER for damages and/or lack of the GOODS may not exceed the value of the damaged or missing GOODS at the time and place where the GOODS were accepted by the FORWARDER.
54. This value shall be determined on the basis of the invoice declared value of the goods and, if there is one, the price shall be determined taking into account first the current exchange price, if such is not determined on the basis of the wholesale market price, and if the GOODS has no stock exchange or market price, account shall be taken of the normal value of GOODS of the same type and quality.
55. The indemnity to be paid by the FORWARDER shall be paid in BGN, calculated, if necessary, at the central rate of the Bulgarian national bank on the date on which the damage occurred and, if that date is unknown, at the rate for the date on which the damage occurred established the damage. Where indemnity is due to a non-resident, the benefit may be repaid in accordance with the amount set out in the preceding article and at the exchange rate indicated in the preceding sentence.
56. Where the liability of the FORWARDER arises from the mandatory provisions of a law and/or an international act which can not be amended or canceled by contract, the compensation due shall be determined in accordance with the provisions of this Act and/or an international act, but in any case , compensation for damages due to shortages and damages to the GOODS is limited to:
– Special drawing rights (SDR) 2,00 per kilogram gross weight missing/damaged GOODS, but not more than Special drawing rights (SDR) 666,67 of a parcel or carriage in the case of waterborne transport and combined transport operations in an international communication involving a watercourse where the location of occurrence can not be established regarding the failure/damage.
– Special drawing rights (SDR) 8,33 per kilogram of gross weight missing/damaged GOODS for road and/or rail carriage in international traffic.
– in the case of air carriage, the liability of the FORWARDER is limited to the limits laid down in the Convention for the unification of certain rules for international carriage by air, signed at Montreal on 28 May 1999 or the International convention for the unification of certain rules relating to International carriage by air on 12 October 1929, whichever is applicable in the present case.
57. In the event of a delay in delivery due to the fault of the FORWARDER, if the entitled party proves that such damage has occurred, the FORWARDER shall pay compensation up to the amount of the damage but not more than his remuneration for the transaction/service.
58. In all other claims, the compensation payable by the FORWARDER is limited to the lesser of the following amounts:
– the value of the GOODS, subject of the particular transaction between the FORWARDER and the CLIENT, but not more than Special drawing rights (SDR) 2,00 per kilogram of gross weight with a maximum of Special drawing rights (SDR) 666,67 a parcel or shipment,
– Special drawing rights (SDR) 50.000 for each individual deal.
59. If the compensation that the FORWARDER pays is equal to the full value of the GOODS, determined in accordance with article 54-55 above, the CLIENT or OWNER shall transfer to the FORWARDER the ownership of the GOODS and any rights they have against third parties in connection with the GOODS.
XV. CLAIMS. DEADLINES AND PROCEDURES
60. All damages from failure, breaks and other reasons should be documented and sent in writing to the FORWARDER immediately after the events giving rise to the claim become known to the injured party but not later than:
– the acceptance of the GOODS by the CONSIGNEE in the case of obvious shortages and damages of the GOODS;
– 5 (five) days after delivery for deficient and damaged GOODS;
– 20 (twenty) days after the agreed or custom delivery time for delayed delivery or failure to deliver the GOODS;
– 30 (thirty) days after the event in all other cases.
61. Failure to abide by the terms and procedures described in the preceding paragraph shall be deemed, unless proven to the contrary, to occur, that the deficiencies, failures and damages have occurred after handing over the GOODS by the FORWARDER.
62. The term for submitting a proven claim against the FORWARDER is 3 (three) months and runs according to the provisions of article 65 of the present GC.
63. When the carriage is performed under the terms of an international act, the notification and return periods provided for therein shall apply. The claim is lawfully filed only when the CLIENT has paid all amounts owed to the FORWARDER without delay, rebate or set-off.
64. Failure to abide by the above provisions and when the claimant, through his actions/inaction, has failed the possibility of filing a recourse against the guilty third parties, the FORWARDER may reject the claim without justification.
XVI. LIMITATION PERIOD
65. The limitation period for legal claims arising out of the services and transactions of the FORWARDER is determined in accordance with Bulgarian law and/or applicable international acts.
XVII. REMUNERATION OF FORWARDER. COMPENSATIONS
66. THE CLIENT is obliged to pay to the FORWARDER all outstanding amounts at maturity, without delay, rebate or set-off, whether these amounts represent a due remuneration for the services rendered or incurred by the FORWARDER costs and damages.
67. Unless otherwise agreed, any amount owed shall be due and the CLIENT shall be in arrear after 10 (ten) days from the date of dispatch and/or transmission of the FORWARDER's invoice for CLIENT in the country and 14 (fourteen) days from the date of sending and/or transmitting the invoice to CLIENTS abroad.
68. For overdue payments with maturity, the payer on the invoice owes a penalty amounting to a (Basic interest rate) BIR + 20 percent for each day of delay, but not more than the value of the respective payment.
69. Even when the FORWARDER has accepted INSTRUCTIONS to collect only part or all of the due amounts and fees from a third party, the CLIENT always remains jointly liable for the payment of these amounts at maturity.
70. The FORWARDER has the right to claim all amounts owed, both against the CUSTOMER and against the Consignor, THE CONSIGNEE and/or the OWNER of the GOODS.
71. The FORWARDER has the right to require partial or full prepayment or collateral for all costs of performance of the contract and for his remuneration.
72. The FORWARDER has the right to take all reasonable measures, including to dispose of GOODS at his own discretion, in order to ensure reimbursement of the costs and damages incurred in the execution of the forwarding order, unless they are caused by the fault of the FORWARDER.
73. The FORWARDER is a creditor with a right of detention/legal pledge exercising by virtue of the Commercial law and the Law on the obligations and contracts and all other applicable legal norms related to the right of detention in the Republic of Bulgaria as collateral for the payment of the remuneration and/or any other amount due to it under the application and the present GC, including the cost of its recovery. This right of detention/pledge may be exercised not only in the absence of 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 right of retention/pledge in any reasonable manner, including by selling or disposing of GOODS. The FORWARDER is not liable for any delay in the supply of GOODS as well as for any additional costs of the CONSIGNEE for which the CLIENT has already claimed or can claim to the CLIENT or for any damages suffered by him. In addition to the GOODS, this right extends to all other goods in the order of the FORWARDER, securities and cash that are owned by the defaulted debtor or transmitted by him in the course of execution of the transaction.
74. The CLIENT has no right under any circumstances to withhold or offset amounts owed to the FORWARDER without the express consent of the latter expressed in writing.
XVIII. FINAL PROVISIONS
75. If a FORWARDER in Bulgaria subcontracts the execution of part or all of the forwarding contract of an intermediate FORWARDER abroad, the terms of the Bulgarian FORWARDER shall apply in the relations between the Bulgarian and foreign FORWARDER, unless otherwise agreed.
76. Upon reassignment of part or all of the forwarding contract of a Bulgarian intermediate FORWARDER, the relations between the original and the intermediate FORWARDER shall apply to the present GC where the original FORWARDER shall act as CLIENT in the present GC.
77. For any issues not covered by the present GC, the provisions of the particular forwarding contract, the applicable international conventions and the legislation of the Republic of Bulgaria shall apply.
78. Any disputes arising out of or relating to the present GC, including disputes arising out of or relating to its interpretation, cancellation, execution or termination, and cannot be settled through negotiation, as well as disputes concerning the completion or omissions in them or bringing them into compliance with new circumstances, will be resolved by the competent Bulgarian court in the city of Sofia. Applicable law is the applicable Bulgarian legislation.
The present GCs are accepted at 20.02.2019