GENERAL TERMS AND CONDITIONS OF THE DISPATCH CONTRACT
FIRST – GENERAL RULES
1.1 With the issuing of the dispatch documents the Forwarding agent certifies they have the goods which appear detailed within to arrange the shipping and transportation of the goods to the Receiver via third parties and which will be carried out according to the means and instructions received previously or in writing by the Forwarding agent.
1.2 If no explicit instruction exist, the Forwarding agent may select the itinerary, means and modes of transport as it deems convenient in order to carry out the transportation and delivery of the goods in good condition.
1.3 The goods are always dispatched at the expense and risk of the Shipper and /or Receiver . The Forwarding agent is not obliged to insure the goods against any type of risk, unless it has received written instruction to do so previously.
1.4 If the Forwarding agent has received instructions to insure the transportation of goods, with no specifications on the risks to cover, it will only be obliged to take out an insurance policy that the Forwarding agent deems sufficient.
SECOND - GOODS AND PACKING DESCRIPTION
2.1 The cargo shipper/ Receiver guarantees the Forwarding agent the accuracy in goods statement with regard to its characteristics, descriptions, trades, numbers, quantities, weight and volume, answering the cargo shipper / Receiver for any loss or damage caused to a third part due to an inaccuracy in the data previously mentioned, as well as those caused by inappropriate, faulty packing causing damages to manipulation equipments and means of transport even such inaccuracies or failures no being executed directly by the Forwarding agent, who will be compensated for extra expenses originated by such reasons. The cargo shipper/Receiver will answer in front of the Forwarding agent for any subject derived from excess load in the goods finally mounted, especially in consignments through containers, authorizing the forwarding agent to give the proper instructions to lighten the containers transport with excess load and its consequences, for instance the containers keeping or extra containers for such purpose.
2.2. The cargo shipper is compelled to inform in writing to the Forwarding agent about dangerous goods delivered and about precautions that, if the case, should be taken following the international regulations of ADR. In case of omission or insufficient information, it will answer in front of the cargo shipper for any prejudice caused due to goods, having the Forwarding agent the right to refund the expenses incurred, holding Forwarding agent harmless from and against any liability whether the goods had to be unloaded, destroyed or neutralised, depending on the circumstances. Moreover any money compensation should be asked as a result of such subjects.
2.3. The Forwarding agent keeps the right to admit goods which as a result of a lacking of packing or it being dangerous do not follow usual rules according to the forwarding agent.
THIRD - SERVICES AND EXPENSES PAYMENT TO THE FORWARDING AGENT
3.1. The services will be paid to the forwarding agent in cash, unless special payment conditions were agreed previously.
3.2. Any kind of expense related to the goods will be met by the consignment contractor.
3.3. Any circumstance following to contracting time or, if the case, to the data of the expedition of the issue of documents incurring in a surcharge to the hired service, such amount will be met by the consignment contractor.
3.4. The consignment Contractor will have to compensate to the forwarding agent with regard to any kind of claim for gross damage committed by the Contractor and will have to present any guarantee required by the Forwarding agent.
3.5. In the event that service expenses have been previously agreed, they will be charged according to the market price and operations involved.
3.6. Any amount no being paid at the time agreed earns the legal interest in favour of the Forwarding agent.
3.7. The Forwarding agent has the right to withhold the goods entrusted in order to get his own back for any expense incurred because of the consignment entrusted including remuneration, transport, carriage and any other receipt by virtue of instructions given by the consignment contractor.
FOURTH – EXECUTION OF THE CONSIGNMENT ORDER
4.1. In the event that after the arrival of the goods at the destination point any problem appeared at the time of delivering such goods, the Forwarding agent will ask for instructions to the consignment Contractor.
4.2. The Forwarding agent shall sell the goods without waiting for the recipient instructions in the event that such goods were perishable or their value requires such action. In any other case, the Forwarding agent shall sell the goods in the event that after a reasonable period of time the recipient does not expresses his opposition to the sell.
FITH – FORWARDING AGENT RESPONSABILITY
5.1. The forwarding agent shall hire third party transportation, in their name or in the name of the consignment Contractor. In the event that the consignment Contractor gives no instructions to the forwarding agent on how to contract third party transportation, a freedom to contract transportation on behalf of the Contractor is deduced.
5.2. In the event that the Forwarding agent had contracted the third party transportation in the name of the consignment Contractor, any action involving damages, lacks or delay should be taken against such third part whom the Forwarding agent had hired for transport on behalf of the dispatch Contractor.
5.3. – In the event that the Forwarding agent has hired third party transportation in their name, the Forwarding agents responsibility for any incident which occurs as a result of the transportation, will not exceed, under any circumstance, the responsibility taken on by the transportation Entities that intervened.
5.4. –In the previous case, the Shipper / Receiver of the consignment is obliged to initiate any action related to the transportation, be it severally against the Forwarding agent and against the Entity which intervened in the transportation causing damages, errors or delays, or directly against the third party, which was contracted for the transportation work by the Forwarding agent.
5.5. – In any case, the Forwarding agent may take advantage of the may limitations and exceptions on the degree of responsibility , established in the Spanish Regulations and the International Agreements applicable in Spain.
5.6. – In cases of happenings where it is impossible to define the point of dispatch at which the damages or errors occurred , the responsibility as well as the Forwarding agents limitations and exceptions on the degree of responsibility, will be decided according to the regulation that applies to the main dispatch stage.
5.7. – The Forwarding agent will not be held responsible for the fulfilment of instructions given after the issuing of the dispatch documents , nor any eventuality which may occur as a result of these subsequent instructions.
5.8. – If the Forwarding agent has abided by the instructions received from the dispatch Contractor to carry-out the job, it will be exempt from all responsibility relating to it.
5.9. – The Forwarding agent will not be held liable for the events and wrongful acts which take place as a result of faults or negligence by the Shipper or Receiver, for personal errors in the deliveries, for strikes, closures or any other industrial conflict which may affect the job. Nor will it be held liable for any other event which the Forwarding agents could not have prevented or avoided with the necessary procedures taken.
5.10. - The Forwarding agent will not looking into any complaint which upon receipt of goods is not submitted within the adequate period of time to do so according to the relevant regulation.
SIXTH – JURISDCITION
For any matter which may result from the interpretation of this contract or the execution of what is stipulated in the current document, the parties are lay open expressly to the jurisdiction of the Courts of Vigo, wavering the jurisdiction they may be entitled to.