Terms of transport of goods Transports, moving
I. GENERAL TERMS
Article 1: Validity of General Terms.
a) These General Terms and Conditions apply to transactions with traders for all
the operations of the Forwarder related to its custody
transport.
b) The General Terms prevail over any different local commercials
customs and business ethics, as well as different pieces of legislation
provisions and provisions of international conventions, unless they are
compulsory law.
Article 2: Transfer Agreement.
a) Transfer assignment is the contract by which the Forwarder
undertakes for a fee the obligation towards the sender or his
recipient of the goods, to transport them to the place of destination, no
carrying out the transfer himself, but finding it
carrier who will transport them and with whom he concludes the
contract of carriage in his own name but on behalf of the consignor or
of the recipient.
b) The Forwarder may enter as the carrier in the execution of the transfer.
Article 3: Execution of related tasks by the Forwarder.
a) The Forwarder undertakes, by special agreement, except
transport supervision and all ancillary operations. Indicatively
transhipment, storage, customs clearance, insurance and
other related work.
b) The General Terms and Conditions apply to the operations of the Forwarder
associated only with the transfer custody, unless agreed
otherwise in writing with the principal.
Article 4: Obligations of the principal.
a) The conclusion of the contract of transport custody by the Forwarder binds the principal.
b) The principal shall bear all costs and expenses incurred during the execution of the transfer custody contract.
c) The principal must act as required for its execution
contract. The Forwarder is not responsible for any consequences that may occur
arise due to non-compliance or late payment of obligations
of the principal.
Article 5: Instructions of the principal.
The Forwarder is obliged to follow only the instructions of the principal
resulting from the contract of carriage and contained in
her. In case of lack of instructions of the sender to the Forwarder
the latter decides at its discretion. THE
principal is responsible for any consequences that may arise from
wrong or inadequate instructions.
Article 6: Mandatory elements of the mandate.
a) The order given to the Forwarder must specify the
exact address of consignor and consignee, place of loading and
delivery, the type of goods, the quantity, the content of
boxes, their dimensions, their gross weight and everything else
necessary element required for the performance of the contract
transport management. Liability for damages due to incomplete or
incorrect information is provided by the principal. Unless given relevant
written order, the Forwarder is not obliged to check or
fill in this information or other statements of the principal.
b) The Forwarder is obliged to weigh the goods only if there is a written order.
c) The Forwarder shall indicate in the receipt issued by
its contents, value, quantity, weight or packaging
transported goods according to the statement of the principal.
Article 7: Transported goods.
a) The Forwarder is not obliged to undertake the transport of goods
which may cause damage to persons, animals, other goods or
which is prone to deterioration or deterioration, unless present
prior written agreement. If such goods have been given
to the Forwarder without prior agreement, the Forwarder
entitled, if the circumstances so require, to proceed with
sell them or even, in case of imminent danger, proceed
in their destruction. The principal is responsible for any damage that
incurred and bears all relevant costs.
b) If due to incorrect or insufficient instructions the Forwarder undertook the
care of the transport of goods which by their nature do not
can be accepted, or can only be accepted under special
conditions, such as e.g. explosive, flammable, corrosive, radioactive
evaporating elements or substances, the order must be considered invalid.
If the transfer still takes place, the Forwarder is not responsible
for any damages and costs that may arise. On the contrary
reserves the right to take all necessary measures for protection
of other transported goods, persons and the environment, the
no costs are borne by the principal.
Article 8: Burden of proof.
The Forwarder is not liable for damages due to
verbal orders, instructions or notifications of the principal, unless
were confirmed in writing by him.
Article 9: Address of the principal.
The principal is obliged to state to the Forwarder his address
or change of address without delay. Otherwise it is valid
the last address given to the Forwarder. The Forwarder does not
is liable for damages due if it was given incorrectly
address by the principal or inadequate or incomplete information about
the change of address of the principal.
Article 10: Sending documents.
a) The Forwarder is not obliged to send the letters
registered or insure the transfer of documents, unless there is a written one
mandate.
b) The Forwarder is not obliged to check their authenticity
signatures on statements relating to the items being transported or to others
written texts or check the authority to sign them
unless otherwise agreed in writing.
Article 11: Withdrawal of mandate.
The principal has the right to revoke the order at any time, except
if the Forwarder has committed with third parties to perform the contract
transport management. In this case, the principal is responsible for everything
the costs and expenses incurred as well as with any positive
or deposit damage that may arise from the revocation of the order.
Article 12: Group transport of goods.
The Forwarder is entitled to take care of their transportation
goods with the GROUPAGE system, ie in groups with other goods,
which belong to more than one principal, if not agreed
writing the opposite.
Article 13: Assignment of claims.
The assignment of the principal's claims against the Forwarder to third parties
as well as the raising of claims against the Forwarder in the name or for
a third party account is only possible if rights are established
against the Forwarder under these General Conditions and no
others that may arise from separate agreements under the contract.
Article 14: Special arrangements for transport to and from port.
a) When it comes to transport from and to port the loading and unloading
performed in accordance with applicable regulations and operating conditions
of each port and under the terms of the consignment note or
charter agreements issued by shipping or ship-owning companies.
b) The agreed prices do not include additional costs that
come from the loading, transhipment or unloading of the goods by
during the night, weekend or public holidays, etc.
c) When the Forwarder undertakes the care of their transport
goods at the port of shipment of goods, is not responsible for
possible delays of the ship, for insufficient loading, delay
prohibition of departure of the ship, for storage costs, unloading or
for any damage that may be caused by shipping
companies or their agents. All the above special expenses
are borne by the principal.
II. BENEFITS - AMOUNT PAID
Article 15: Freight Forwarder Fee, Expenses.
a) The amount of the Freight Forwarder for the execution of the assigned
in this mandate is determined by agreement of the parties.
b) Except for explicit agreement to the contrary, the fee and expenses are prepaid
upon receipt of the goods when the ordering party is the consignor and
before delivery of the goods when the ordering party is the consignee.
c) The Forwarder invoices are paid in cash. The principal
becomes overdue no later than 15 days after the invoice is issued,
without the need for prior extrajudicial notice or other condition,
unless it occurs earlier in accordance with the law. In case
Delayer has the right to claim interest
arrears.
Article 16: Price and supply agreement.
a) Offerings of the Forwarder and agreements regarding prices and benefits
always concern only the explicitly mentioned benefits of the Forwarder and / or
third parties and, unless otherwise agreed, only goods
normal volume, normal weight and quality. These offers
presuppose normal and unimpeded conditions throughout its duration
transport. For ancillary fees and expenses must be made special
reference. The payment of duties, taxes, royalties and expenses of third parties as well
any provision of special services is the responsibility of the principal.
b) Possible price increases in carrier fares or customs
customs duties, changes in foreign exchange rates, taxes,
charges etc. that were impossible to have foreseen in advance
justify such adjustments to his remuneration and expenses
Forwarder.
Article 17: Refusal to accept.
If the consignee refuses to receive the transported goods, the
The forwarder has the right to return them to the principal, at a cost
of the principal. For the return of the goods the risk is borne by
principal. The principal is also responsible for any expenses due to
refusal of the recipient to receive.
Article 18: Offsetting.
The requirements for the remuneration and expenses of the transporter from the care of the transport are not offset.
III. DELIVERY OF GOODS
Article 19: Delivery of goods.
a) The delivery of the goods takes place with their signature
shipping documents or delivery of the operative part to the consignee who
referred to in the above shipping documents or any listed trustee
his.
(b) if the consignee refuses to receive the goods or for a reason, for
for which the Forwarder is not responsible, their delivery will not take place
goods, the goods are placed at a place of his choice
Forwarder risk and costs of the principal and the Forwarder does not
is obliged to insure them. The Forwarder is also not responsible for
auctions, confiscations, etc. which can be imposed on
goods in accordance with the laws in force in the country that does not
these were delivered.
Article 20: Delivery of goods by cash on delivery of their value.
The delivery of the goods with cash on delivery of their value, presupposes
special and explicit order of the principal-loader. Only "C.O.D."
(cash on delivery) on the commercial invoice is not an obligation
delivery of goods by cash on delivery to the Forwarder.
IV. DEADLINES, OBSTACLES
Article 21: No guarantee for deadlines.
Except for a prior written agreement, the Forwarder does not guarantee either
specific delivery date nor a specified order
priority for the execution of the transfer. The simple indication of time
delivery by the principal, does not constitute an obligation for the Forwarder. THE
Forwarder is not responsible for the consequences that result from
incorrect information given by carriers or agents
on the dates or conditions of loading, unloading or
delivery of goods.
Article 22: Failure to comply, defective performance.
Facts that are not due to the fault of the Forwarder, due to
who is unable to fulfill in full or in part the obligations
release him for the duration of the stay
obligations under orders which have been affected by
above facts. Also in these cases, he has the right
Forwarder to withdraw from the contract, even in the case
who has partially fulfilled the mandate. In this case, the
Forwarder has the right to claim the costs incurred.
V. INSURANCE OF GOODS.
Article 23: Goods insurance.
a) The Forwarder is obliged to insure on behalf of the principal
the goods only if he has been given an express written order, in which
the insurance value and the risks covered.
b) The fact of insurance of previous shipments of the same principal does not
implies the obligation of the Forwarder to insure the
subsequent transfers of the same principal. The simple reference of their values
goods can also not be considered as an order for insurance.
c) Upon receipt of the insurance policy, the Forwarder does not undertake them
obligations of the insured. However, he is obliged to take everything
necessary measures to maintain the insurance claim.
d) If the covered are not specified in writing by the principal
risks, the insurance of the goods is done for the ordinary
risks and exceptions as determined by the contracting party
insurance company.
e) The Forwarder can never be considered a co-insurer.
VI. TEMPORARY STORAGE
Article 24: Temporary Storage in private or foreign warehouses.
a) The temporary storage is done at the choice of the Forwarder in his own or foreign warehouses (private or public).
b) If the Forwarder has temporarily stored the goods in a foreign one
warehouse apply to the relationship between him and his principal themselves
terms, which apply between him and the foreign store. THE
Forwarder must send the storage conditions to
principal, if requested.
c) Obligation of the Forwarder for security or safekeeping of the warehouses
spaces exist only if they are his own or rented by him
places and only if this is required in good faith and
transactional morals or claimed by the principal.
Article 25: Entrance to the warehouse.
Any inspection or sampling of the goods that must take place
during which they are temporarily stored, it must have
previously agreed and executed only with his accompaniment
Forwarder or his employee to whom he gave a similar order.
Article 26: Right of sale of temporarily stored goods.
a) In case of temporary storage that the holder of the goods
refuses to receive them, the Forwarder is entitled to proceed to
sale of them, after the lapse of six (6) months, if it sends to
this registered letter at least one month before its expiration
semester.
b) The consideration of the sale of the goods will be attributed to
beneficiary thereof, after deducting his rights and expenses
Forwarder.
VII. PRIVILEGE
Article 27: Securing the requirements of the Forwarder.
The Forwarder has for each overdue claim that arises against
the execution of the contract of custody, legal pledge and
right of retention on the principal's goods. The above privileges
ensure not only requirements of any kind related to the goods
which the Forwarder has in his possession, but also those that
concern the goods already delivered. In case of loss or
damage of the goods, the claims of the Forwarder are satisfied and
from any insurance compensation paid.
VIII. LIABILITY OF THE TRANSPORT
Article 28: Extent of responsibility.
a) The Liability of the Forwarder is limited or exempted accordingly
with the previous provisions or the provisions that follow. THE
Forwarder is liable when the damage is due to deceit or gross negligence
of himself or his employees.
(b) The provisions of the international transport conventions governing
limitation or release from the carrier's liability, have immediate
application and on the responsibility of the Forwarder.
Article 29: Limitation of the Forwarder's Liability.
a) If the instructions of the principal contained in the Transfer agreement
restrict the Freedom of action of the Forwarder, then it occurs
corresponding reduction in the extent of his liability. In case of occurrence
damage to goods that are causally related to its instructions
the Forwarder is released from his responsibility.
b) The liability of the Forwarder or the carrier towards the principal, no
may exceed that of their agents or foreign correspondents in
in relation to the laws, regulations, rules and customs which
apply in the country of the aforementioned agents and foreign correspondents.
Article 30: Limits of liability.
In case of liability of the Forwarder due to damage, loss or
delayed arrival of the transported goods both when this
due to the personal responsibility of the Forwarder as well as to the responsibility of third parties
carriers entrusted with the execution of the transfer, h
The compensation due is limited to the limits set by the
international conventions ratified by Greece by law and
regulate the relevant transport contract.
Article 31: Goods of high value.
For goods whose value exceeds the maximum liability limits
of the carrier provided for in the international conventions they have
ratified by Greece by law, as well as for money, documents,
Securities, works of art and jewelry are the responsibility of the Forwarder only if
he was given in time by the principal a written indication of their value
transported goods so that it was able to decide on
acceptance or rejection of the order, in writing.
Article 32: Exemption of the Forwarder from his responsibility.
1) The liability of the Forwarder is excluded:
a) For damages due either to theft in the sense of art. 374 items c PK or in robbery in the sense of art. 380 PK.
b) For damages due to the existence of legal or administrative obstacles and
difficulties in executing the contract (lack or delay
receipt of documents, customs clearance documents, import or export approvals
etc). Also, the Forwarder is not responsible for transport costs, expenses
customs clearance, fees, taxes and other costs wrongly imposed
from the beginning.
c) For loss or damage of things due to his fault
consignor at loading or defective or defective or defective
packing. The Forwarder is authorized in such cases to
accepted by carriers, warehousers and consignees in general,
reservations about the packaging of goods.
d) For damage that would not be prevented, even if the Forwarder
had paid the ceiling of diligence and attention, even if
had taken the necessary measures to prevent damage or was
objectively impossible to obtain.
e) For damages due to outdoor storage, if such storage
had been agreed, or if another custody was impossible due to the type of
goods or due to circumstances.
f) For damages due to force majeure, effects of bad weather,
damage to machinery, wiring, impact of other goods, damage to animals
or physical deterioration of the goods. In these cases the Forwarder
is only liable if it is proven that he caused the damage. g) For
damages due to slight negligence of the Forwarder or
added to it.
h) For damages that took place inside port, customs or other public warehouses.
2) If according to the circumstances it was possible to cause damage by them
above risks, it is presumed that the risk occurred from them
above risks.
Article 33: Termination of the Forwarder's Liability.
The Forwarder's liability terminates with the actual and unreserved
receipt of the goods by the consignee as defined in
Article 19 hereof.
Article 34: Immediate, written notice of damage.
a) All damages, even those that cannot be ascertained
externally, must be notified in writing to the Forwarder immediately
upon delivery of the goods. If the delivery of the goods took place
from the Forwarder, the notification of the occurrence of the damage must
done to him in a period not exceeding six (6) days.
b) In case of non-compliance with the above obligation, it is presumed that the damage occurred after the delivery of the goods.
c) If the notification of the occurrence of the damage is made in a periodical
point at which the Forwarder can no longer turn
against third parties, the Forwarder bears no responsibility for the consequences.
Article 35: Inclusion of benefits.
In cases where the compensation to be paid by
Transporter for the damage amounts to its full value
the Forwarder is obliged to pay it only if his
transfer of ownership of the goods and assignment of claims,
including insurance in relation to the goods, of
principal or consignee against third parties.
Article 36: Transporter Liability in combined transport.
On a transfer performed under a single contract (combined
transport) the Forwarder is responsible for damage or loss of
in accordance with the law governing his responsibility
carrier during the last stage of transport.
IX. LIMITATION
Article 37: Limitation period.
a) Claims against the Forwarder are barred in accordance with the deadlines set by law or international conventions.
b) The limitation period begins, in case of total loss
from the day on which the goods were to be delivered, to
any other case from the day on which the goods
delivered or offered to the recipient.
X. PLACE OF FULFILLMENT, JURISDICTION, APPLICABLE LAW
Article 38: Place of performance, jurisdiction, validity of Greek law.
a) Place of fulfillment of the Transit contract is for all parties h
seat or branch of the Forwarder to which the
transfer order.
b) Court competent for disputes arising from the contract
Forwarding or being related to it is, for all parties, the
court at the place of residence of the Forwarder, with the
without prejudice to the exclusive jurisdiction clause of the issued consignment notes.
For claims against the Forwarder is solely responsible this
court.
c) Greek law applies to the legal relations between the Forwarder and the principal or his successors.