GENERAL CONDITIONS OF CONTRACT
- General terms and conditions governing the execution of the mandate shipping with representation.
The Customer is required to take prior knowledge of these General Conditions.
They have full and unconditional value between the parties unless and until they are explicitly provided for in the.
In these General Conditions the following terms have the meanings specified below:
Company: Cogefrin S. p.to.
Customer: the customer of the shipment.
Carrier: a person with which the Company, in the name and for the account of the Customer enters into the contract of carriage.
- The assumption of the assignments.
The Company assumes its duties subject to the conditions, regulations and standards applied by the Companies of maritime navigation and/or air and/or by carriers by land, rail, waterway, multimodal, and/or of other nature, society, and the authorities, port deposit, Italian and foreign, whose services are required by the Company in the name and for the account of its Client and, in virtue of the mandate received.
- Obligations and liabilities of the Company.
4.1. The Company agrees to perform its duties with the diligence of a good freight forwarder, pursuant to art. 1737 – 1740 of the Civil Code.
4.2. The Customer expressly acknowledges that the role assumed by the Company in the organization of each transport, regulated by the present general conditions by the freight forwarder pure. The Company cannot be held in any way responsible for the work of the vectors as well as of the depositories of the packers, shippers, insurers, and/or the banks, the performance of which has been required in the fulfilment of their mandate. And is expressly excluded from the financial liability of the Company for any consequence that may arise from delayed or non-collection of goods at destination: the Customer undertakes, therefore, to keep the Company fully indemnified and held harmless from any claim payment to the title, should be made against the Company. Is expressly excluded, the liability of the Company for any type of incidental and/or consequential damages. In the case of the verification of any damage and/or delay to the goods and/or delay in delivery, the Company hereby agrees to sell the rights arising from the execution of the warrant to the Customer, in order to give the latter the right to directly promote each the most appropriate action against those responsible for the damaging event and/or the delay.
4.3. The Company is not required to make a declaration of interest in delivery" referred to in art. 22 of the Montreal Convention 22-5-99 (and/or art. 35 COTIF-CIM), nor to declare the value of the goods to the carrier (you want to pursuant to art. 26 CMR, 4.5 (a) Conv. Brussels, 423, 952 cod. nav. or under any other applicable national or international convention, unless this is expressly requested in writing by the Customer.
4.4. The liability of the Company to the Customer in any capacity (whether contractual or non-contractual), will not exceed the amount agreed upon as a consideration for the execution of the mandate with reference to what took place and the breach
4.5 The Company is not obliged to insure the goods entrusted to you for delivery unless the Customer expressly requests this in writing. In this case, the Customer can benefit from the guarantee insurance on the terms and conditions contained in the policy, the extract of which is attached hereto and which shall be considered accepted. In the case of insurance, the limit of liability of the Company shall not be greater than the amount of insurance compensation, as provided for in the policy.
4.6 In no event shall the Company can be considered as an insurer or coinsurer.
- Term of shipment
5.1 The Customer acknowledges that the transport is governed by the rules laid down by the vectors /owners in the respective bills of lading, in addition to the general terms applied by the terminal operators and Port Authorities. The Customer agrees and acknowledges the right to entrust the transport and ancillary services to carriers, ship owners, shipping, customs, auxiliary to the terms and conditions that Cogefrin deems appropriate in carrying out its mandate.
5.2 With the acceptance of the offer of transport, the Customer gives the order with power of representation, and instructed Cogefrin of entering into the contract of carriage with the carrier, in the name and on his own behalf. The Customer authorizes Cogefrin to make use of customs brokers for the completion of the necessary formalities with customs, both representing direct and indirect. In any case, Cogefrin will be held indemnified and held harmless by the Customer for any debenze, by way of tribute, taxes, expenses, or accessories that the competent Customs Authorities may collect in the event of the insolvency of the freight forwarder and customs, where these had been already paid by Cogefrin.
5.3. The agreed fee in the offer does not include unforeseen expenses that may arise at the start or during the execution of the warrant, or to the same conclusion, such as charges for demurrage, detention, to stop the load, to customs inspection, or other charges of any nature whatsoever to the state is not predictable.
The change of even one of the information given by the Customer (the place of loading, the final destination, number of packages, sizes and weights, and also of the container, the value of the goods, temperature maintenance), may result in the revision of the offer or our withdrawal from the contract for the occurrence of the laboriousness of the performance, with the exclusion of damages.
The offer may be subject to variations caused by adverse weather conditions, deviations of the road, or causes of force majeure.
The Customer agrees to reimburse any cost and burden anticipated by Cogefrin and this is documented for the success of the expedition.
In the event of a fire ship, will be payable by the Customer (not provided), all expenses, and the amounts provided for by law in title of the contribution and any other related expenses, including those of the experts.
5.4. The excess load is 2 hours for container 20” and 3 hours for 40 feet container; overcoming these thresholds, will be charged to the Customer for the amounts required by the carrier to the title of the costs of parking or compensation for stationary car and driver and any other charges or refund.
In the case of containers required to load with time limited to, the term of the exemption must be reduced to 1 hour; after this date will be charged to the Customer for the amounts required by the carrier to the title of the costs of parking or compensation for stationary car and driver and any other charges or refund.
5.5. The transit time stated in the offer is based on what is provided by the carrier/owner have chosen.
The weekend days and public holidays and national character (together with the various delays by Customs or other events beyond the control of Cogefrin) are not included in the calculation and in the estimated delivery times we communicated in the indication of the transit time. The way and the means through which runs the transport remain at our sole discretion.
Cogefrin is not in any way responsible for delays due to causes not employees of the company from its work, such as, but not limited to, congestion, shortshipment, damages the ship, bad weather, inspections/customs controls, measures of the Authorities.
5.6. The load may be subject to safety inspections by the competent Authorities - and local - with the consequence that the Customer agrees that the load can be opened from the packaging all the time, so determining a possible alteration about its integrity
5.7. You guarantee that you have prepared the shipment for transportation to safe places by using reliable staff, responding directly to any harmful consequence due time at the moment immediately prior to the acceptance of the goods for transportation by our part or that of the charge carrier.
5.8 shall exclude the liability of Cogefrin to the Customer or third parties due to acts, omissions or commissivi attributable to the Customer or its agents or advisors which are not in compliance with export control laws, sanctions, to the restrictive measures and embargoes.
- Inspection of the goods.
The Company has the right and not the obligation to inspect the goods entrusted to it at any time.
- Dangerous goods.
The Company will not delivery to the shipping dangerous goods that may cause harm to persons, animals or things, goods classified as such by national, european or international, the goods which are subject to restrictions on the part of the IATA or ICAO, or goods that are subject to rapid deterioration or decay, except with previous written agreement, in which the order of the customer, the Customer shall indemnify the Company from any form of liability. Where such goods are entrusted to the Company, without the agreement referred to above, the Company shall have the right to reject them, or, if the circumstances require, to sell or even to proceed to their destruction and the Customer will be held liable for all the consequences, and to bear all of the expenses that may result from it.
- Perishable goods
In the case of the load consists of perishable goods, the Customer will be required to provide Cogefrin any information is useful and necessary for the success of the expedition, in relation to the peculiar nature of the goods and their state-of-custody (for example, temperature sensitivity, and the need to travel in the cargo hold below deck to the lower exposure to temperature changes or direct solar radiation), their merchantability, (for example, for use within a final deadline by the estimated date of delivery), as well as their shelf life .
In no event Cogefrin will be held responsible for indirect damages (asset and non-asset) unclaimed by the Customer or third parties damages, lost profits, or damages.
For the transport of perishable goods, Cogefrin, though acting with maximum diligence, can not be held responsible for any delays of the activities of the shipping Company, such as those related to the operators in the entry and/or exit from the ports.
In the event that the Customer requests to Cogefrin an express assurance on perishable goods, and it does not, you expressly agree to insure them, the value of the goods, in case of damage, will be charged to the Customer.
9.1 The eventual storage of goods entrusted to the Company for the shipment is made, at the option of the Company, in its own premises or those of third parties (public or private).
9.2 The Company is not obliged to insure the goods entrusted to it for the deposit unless the Customer expressly requests this in writing and the Society to accept the audit engagement.
9.3 in The event that the Client requests with the methods mentioned above, the Company will sign the insurance to the general and special conditions of the policies issued by Insurance Companies from the same platform. In the absence of exact specification of the Customer of the risks to insure, it is understood that will be covered only ordinary risks. Where the insurance was turned on by the Company, the policy must include a waiver of the right of recourse of the insurer against the Company.
- Waiver of the mandate
In derogation of, the provisions of art. 1727 cod. civ., the Company has the right to waive, at any time of the mandate, even if in absence of a just cause. The Company shall be, in each case, reimbursed all expenses incurred up to the time of the surrender.
- Payment terms
The payment of the invoices issued by the Company will be deemed to be with direct remittance to 30 days from the date of invoice, unless agreed upon different terms (except advances for the account of the Client), and the rights and duties that must be paid to presentation of the corresponding invoice or equivalent document.
- Applicable law
To the extent not expressly provided for in these general conditions, it is understood that will apply Italian law, and in particular art. 1737 – 1740 of the Civil Code.
Air transport will be governed by the terms and conditions IATA.
Any complaints, requests, demands and/or claims that the Customer wants to propose to the Company in order to fulfil the contract and/or to its performance, also with respect to loss, damage and/or delay, must be brought to the attention of the Company by registered letter R. R. within the period of six months from the date of the event, or from the different dates at which the complaining party demonstrates that being come to knowledge.
The expiry of the said period without the above-mentioned communication has been forwarded in the manner specified above, will result in the forfeiture of any right about this, even if it was not prescribed.
- No Waiver
The failure to exercise, as well as the renunciation on the part of the Company to enforce any of the rights to this due and payable on the basis of these general terms and conditions, do not osteranno to the next exercise of the rights, or other rights of the Company, for the same or a subsequent or threatened breach.
- The exclusive jurisdiction and competence.
The parties expressly agree that any and all disputes which may arise between them concerning the interpretation or termination of this agreement will be subject exclusively to Italian jurisdiction and the competence of the court of Bologna.