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*This service is now available for Suflenorsa Transitarios, S.L. We’re working on providing access to the other companies of the group.

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Suflenorsa

General Terms & Conditions

FIRST – GENERAL PROVISIONS

  • 1.1 When issuing shipping documents, the Freight Forwarder certifies on having received the goods and at the same time keeping track of the their shipping or transport to the Consignee by third parties. This will be carried out as stipulated within due time by The Freight Forwarder.
  • 1.2 Unless stated otherwise, the Freight Forwarder will choose the most convenient routes, ways and means of transport to properly transport and deliver the merchandise in good condition.
  • 1.3 The goods will be shipped under the responsibility and risk of the Shipper and/or Consignee. The Freight Forwarder is not liable to insure the goods against any risk if no previous written instructions have been given.
  • 1.4 If the Freight Forwarder has received instructions to insure the transport without specifying what insurance risk to cover, it will decide on the adequate insurance for the goods.

SECOND - GOODS AND PACKING DESCRIPTION 

  • 2.1 The Shipper/Consignee will guarantee to the Freight Forwarder the accuracy of the goods declaration, according to their characteristics description, marks, numbers, quantity, weight and volume, as well as assume responsibility for losses, damages, breakdowns and/or penalties which may result from third parties due to inaccuracies of the aforementioned data, such as liabilities for inadequate, defective or misused packing that causes damage to the goods or to the handling equipment or means of transport, even when such inaccuracies or deficiencies arise from operations not directly done by the Freight Forwarder, who will reimburse, also, the additional costs incurred. Furthermore, the Shipper/Consignee is obliged to answer to the Freight Forwarder for any query arising from excess weight of goods loaded, mostly from container shipments, authorising the Freight Forwarder to proceed with instructions for lightening the excess weight containers and the consequences arising from this, among others, booking a container or more containers to distribute the excess weight.
  • 2.2The Shipper must inform in writing to the Freight Forwarder about dangerous goods to be delivered and the precautions to be taken according to the international law (ADR Convention) . If this information is insuffiecient or not given, the Shipper will be responsible for damages to the cargo. The Freight Forwarder will be reimbursed for the expenses incurred, moreover the Freight Forwarder will be exempt from any responsibility if the goods have to be discharged, destroyed or impounded, according to the circumstances. The Freight Forwarder will also be exempt from paying any compensation which may be generated.
  • 2.3 The forwarder,, has the right of admission of any goods that, due to inadequate packing or considered dangerous, are in their judgement, outwith the stipulated norms.

THIRD - FREIGHT FORWARDERS SERVICES AND EXPENSES

  • 3.1 The Freight Forwarder’s services will be paid upfront, except under special conditions previously agreed by both parts.
  • 3.2 Any additional expenses generated by the goods will be at the Contracting Party’s expense.
  • 3.3 The Contracting Party is responsible for additional expenses incurred after the contract date or after the shipping documents were emitted.
  • 3.4 The Freight Forwarder will be compensated by the Contracting Party for any general average claimed which may take place. The Contracting Party, in this respect, must give all the guarantees that the forwarder requests.
  • 3.5 Should they be previously agreed, the final expenses for the Freight Forwarder’s services will be the sum of all the concepts of any given operation and service carried out at the local market price of the country.
  • 3.6 The sums which are not paid at the due date will incur interest in favour of the Freight Forwarder.
  • 3.7 The forwarder will have the right to retain any commissioned goods to recoup any expenses for forwarding services, including their fees, carriage, freights and any other payments that correspond to the instructions received from the Contracting Party.

FOURTH – CARRYING OUT A SHIPPING ORDER

  • 4.1 Should any problems arise after arrival of the goods at their destination, the Freight Forwarder will ask the Contracting Party for instructions.
  • 4.2 The Freight Forwarder will have the right to sell the goods without waiting for instructions from the Contracting party if the goods are of a perishable nature or may deteriorate, or if the custody expenses are too high in relation to the goods value. In other cases, the forwarder has the option to sell the goods if, within a reasonable period of time, they have not received contrary instructions from whoever is responsible for disposing of the merchandise.

FIFTH – FREIGHT FORWARDER´S RESPONSIBILITY

  • 5.1 The forwarder will be entitled to contract the transport with a third party, under their own name or under the contracting party’s name. If the forwarder has not received any instructions about how to contract the transport with a third party then it will be understood that the Freight Forwarder will proceed to contract it on behalf of the Contracting Party.
  • 5.2 If the Freight Forwarder were to contract the transport with a third party under the Contracting Party’s name, any claim for damages, failures or delays resulting from the transport must be held directly with the third party that the Freight Forwarder contracted on behalf of the Contracting Party.
  • 5.3 If the Freight Forwarder were to contract the transport with a third party under their own name, their responsibility for any transport related claims will never exceed those faced by the aforementioned third parties involved in the transportation in relation to the Freight Forwarder, in accordance with the current international regulations and agreements. This responsibility will apply to both contractual and extra-contractual actions.
  • 5.4 Carrying on from the above point, the Shipper/Consignee of the process agrees to take action caused by transport problems, either jointly against the Freight Forwarder and the contracted transport firm which has caused damage, failure or delays, or directly against the third party contracted by the Fast Forwarder.
  • 5.5 In any case, the Freight Forwarder may take advantage of any exceptions and limits to the responsibility quantum established by Spanish regulations and International Agreements applied in Spain.
  • 5.6 Should it be impossible to determine in which phase of an operation damage or failure has been caused, the responsibility, the exceptions and limits to the Freight Forwarder’s responsibility quantum will be decided according to the regulation applied at the main operation stage.
  • 5.7 The forwarder will not be responsible for fulfilling instructions which have been given after the shipped documents were issued, nor for any problem resulting from these instructions.
  • 5.8 If the forwarder has carried out all the instructions given by the contracting partly, they will be exempted from any responsibility.
  • 5.9 The forwarder will not be responsible of any acts of negligence by Shipper/Consignee, nor cargo defects, nor strikes, close downs or any labour dispute which affects the work, nor any other event which may take place that the Freight Forwarder could not forsee or avoid with due diligence.
  • 5.10 The forwarder will not accept any claims that have not been filed at the delivery time of the goods, according to the regulations.

SIXTH  – APPLICABLE LAW AND JURISDICTION

  • Any claims or disputes related to damage of goods, faults or delays arising out of the transport contracted through the Forwarder shall be governed by the Courts and applicable law as provided by the bill of landing or transport document issued by the relevant effective carrier. The Shipper/Consignee expressly agrees to this jurisdiction and applicable law provision, to the exclusion of any other claimed jurisdiction or applicable law.
  • By receiving these general conditions, the Shipper/Consignee expressly accepts their submission to the Court and applicable law stated in this clause.