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The General Terms of Trade - SCHENKER spol. s r.o.

I. THE INTRODUCTORY PROVISIONS, THE DEFINITION OF FREIGHT FORWARDING SERVICES

1.      consigner or the consignee) during the provision of the transportation of the consignment in international or domestic carriage. The conclusion of a forwarding contract is based on the agreement of the contractual parties to the wording of the Terms of Trade as they are stated hereafter. The mandator acquainted himself with the content and wording of the Terms of Trade prior to concluding the forwarding contract and accepts these Terms of Trade without reservation. SCHENKER spol. s r.o. provides its services further in accordance with the current conditions for transportation, transhipment, storage of consignments and pursuant to the provisions of shipping documents Bills of Lading/Airway bills issued by the sea and air carriers as well as regulations of shipping companies and harbour companies hired or contracted by the freight forwarder.

2.      In the event that the services or parts thereof to be provided are prohibited under any laws or regulations, including but not limited to US law, law of the European Union or national laws, including but not limited to laws and regulations relating to the fight against terrorism and embargos, SCHENKER spol. s r.o. at its sole discretion is entitled to partially or fully cancel the service to be provided at any time, without prior notice and without incurring any liability to the mandators whatsoever.

Furthermore, SCHENKER spol. s r.o. reserves the right not to provide a cover and will not be obliged to provide any insurance or similar indemnification at such an extent at which such cover, indemnification or payment could expose the insurer to an international sanction, limitation or restriction, which were declared by a UN resolution, or are based on business or economic sanctions, legislation or regulations of the European Union, Great Britain, the USA or the legislation of the CR. It concerns particularly the insurance cover for the following countries: Iraq, Iran, Afghanistan, Syria, Cuba, Democratic Republic of the Congo, North Korea, Zimbabwe, Burma, Somalia, Libya and Sudan.

3.     Price quotations of the freight forwarder are subject to confirmation pursuant to the current General Terms of Trade of SCHENKER spol. s.r.o. and a

1.      conditions with the exception of the changes of current, tariffs and rates of exchange. The company is registered in the Commercial Register of the Municipal Court in Prague under No. 61500780 Section C, Inset No. 30706.

2.      The provision of the transportation of the consignment is understood to especially mean the following activities of the freight forwarder:

a)      taking delivery of the consignment to be transported

b)      the provision of the transportation of the consignment from the place of receipt to the place of delivery

c)      the provision of the consignment to the specified consignee

d)      the repeated delivery of the consignment, if the initial attempt is unsuccessful

e)      the possible return of the undeliverable consignment to the mandator and paid by mandator

3.      Specific provision of the transportation of consignments takes place from the designated starting point to the place of delivery as negotiated in the forwarding contract.

4.      To secure its claims arising from the forwarding contract, the freight forwarder has a statutory right of lien to the consignment as long as the consignment is with the freight forwarder or someone who has it in its possession on the freight forwarder's behalf or as long as the freight forwarder has possession of the documents that allow it to dispose of the consignment. The freight forwarder may also, in its own discretion, withhold someone else's movable item (consignment), which it holds to guarantee a due or even an undue debt of a person, to whom it should otherwise release the item (consignment). In exercising the lien, the freight forwarder shall proceed in accordance with the provisions of Section 1359 et seq. Act. no. 89/2012, Civil Code. However, the freight forwarder is not obliged to sell the consignment in a public auction within the meaning of Section 1360. When using its right to sell it in any other way, it may use the services of a certified auctioneer while the sale of the consignment must be published at least twice in a national newspaper in an interval of at least 14 calendar days prior to the date of sale of the security.

 

II. THE COMPULSORY PROPERTIES OF THE TRANSPORTED CONSIGNMENTS AS STIPULATED BY THE FREIGHT FORWARDER

1.      The freight forwarder stipulates that on no account can the consignments contain the following items:

gold, silver, works of art, precious metals, bank notes, coins, live animals and organisms, plants, perishable goods, milk products, meat or meat products, spirits = distillates, tobacco products, military weaponry, munitions, explosives, rockets, bombs, grenades, army transporters, and damaged, refurbished or used goods. These goods may only be transported after a special agreement has been reached. If the mandator fails to notify the freight forwarder when placing the order that those are items excluded from transportation, the freight forwarder shall bear the liability for any damage or loss of these goods.

2.      Dangerous goods, i.e. any of the goods listed in ADR/RID/IATA-DGR or IMDG must be declared by the mandator to the freight forwarder in accordance with international conventions. If the mandator fails to properly declare these goods, the freight forwarder is authorised to refuse to transport the consignment.

3.      The freight forwarder is not obliged to examine the package in terms of suitability or quality. The mandator is obliged to properly pack the consignment in undamaged packaging, while taking into consideration the character of the consignment so that:

a)      the contents of the consignment are protected from damage or loss during the regular or special handling of the consignment as stipulated by the mandator

b)      the consignment packaging allows the safe and proper handling of the consignment during transportation

c)      the packaging includes the address of the consignee and, if the character of the consignment so requires, it will be attached with clear markings with regard to the handling of the consignment or warning labels for the special handling of the consignment as stipulated by the mandator.

4.      The mandator shall provide the freight forwarder with correct information about the content of the consignment and its nature, as well as all the facts required for concluding a forwarding contract, such as its weight, type, quantity, size, brand and designation, method of packaging as well as notification of the freight forwarder of a high value of the consignment, especially if the mandator requires the adoption of special measures during transport or if additional insurance should be arranged for the consignment due to its higher value. Regarding the naval transport is the mandatory (Shipper mentioned in B/L) obliged after loading up the container by goods to hand over to the freight forwarder a document or a binding information about the total weight of the transported goods, including the weight of the container (VGM). When loading is completed, the mandator is further obliged to secure containers with security seals and properly document the particular security seal numbers in the shipping instructions to the freight forwarder. Otherwise, the mandator is required to pay damages incurred by the freight forwarder due to a breach of the violation of these obligations.

5.      The freight forwarder shall reserve the right to claim the contractual penalty for the order rescinded by the Sending Participant on the day of loading. The amount of the contractual penalty shall be compliant with the nature of the freight and can be applied to the amount of the freight. In such case it shall be charged in the amount of CZK 3 000,- or eventually in the amount of its equivalent in EUR according to the current valid exchange rate announced by the Czech National Bank.

 

III. DELIVERY OF CONSIGNMENTS

1.      of transportation or within a deadline agreed with the mandator. A standard delivery period is understood as being that period in which the freight forwarder usually delivers the consignment to the consignee provided no special or unexpected situations occur during the provision of the transportation of the consignment.

2.      If the delivery period is due to end during a weekend or on a public holiday, it will end at the same time on the following work day, unless agreed in the contract otherwise.

3.      The provisions of the previous two paragraphs do not apply in the case of the consignment being undeliverable after the first attempt at delivery. An undeliverable consignment is understood as being a consignment which cannot be delivered despite the exertion of all needed care, because:

a)      the consignee was not available at the designated place at the time of delivery

b)      the consignee refused to confirm receipt of the consignment in writing

c)      the consignee is not to be found at the designated place or has moved

d)      the consignee does not pass the documents necessary to release / receipt of the consignment

4.      If the consignment will not be properly and in time taken by consignee, the mandator bears all costs (e.g. storage, demurrage, charges etc.) related to the storage of the consignment and its delivery back without this affecting the freight forwarder’s right to compensation for the transportation charges.

5.      The consignee’s failure to accept the consignment shall not establish the entitlement of the consigner to compensation for costs arisen subsequently as a consequence of the non-acceptance of the consignment. The freight forwarder shall not be liable for the costs incurred in this way, unless the consigner substantiates the validity of such a claim of his on the grounds of the freight forwarder’s liability.

 

IV. RESPONSIBILITIES OF THE FREIGHT FORWARDER FOR DAMAGES OCCURING TO THE ACCEPTED CONSIGNMENT

1.      The freight forwarder is responsible to the mandator for damage to the accepted consignment unless the freight forwarder proves that it was not able to avert or reduce the extent of the damage even though needed care was exerted and the failure to comply with obligations was caused by the circumstances excluding responsibility. The freight forwarder will be responsible as a carrier:

       a)    in case of self-entrance, i.e. if the transport supposed to be carried out is realized on their own (§ 2474, Act no.89/ 2012 Coll., the Civil Code)

              b)    if the freight forwarder does not writing inform the Sending Participant on its request about the name of the carrier whom the Transport Contract was concluded with

The lost profit or indirect/subsequent damages are not to be compensated for. Real damage is understood as being that damage, which reduces the value of the mandator’s property as a result of an occurrence of loss, which happens during the provision of the transportation of the consignment. The freight forwarder cannot claim limited responsibility in the instance of damages caused by him deliberately or by gross negligence.

2.      The freight forwarder is exempt from the responsibility for damages occurring to the accepted consignment, if:

a)      even by applying needed care, which is usual in the commercial branch of forwarding services, the freight forwarder could not have prevented the damage from occurring

b)      the damage results from a breach of the mandator’s responsibilities as they arise from legal regulations, the forwarding contract and these Terms of Trade

c)      the damage is caused by a defect, by the natural character of the contents of the consignment or by defective packaging. The freight forwarder may draw attention to the unsuitable or defective packaging, however thereby the mandator will not be relieved of the responsibility for the final suitability of the packaging, should the mandator not respond to the notification of the freight forwarder.

d)      the mandator does not claim damages from the freight forwarder within the deadline set in Article V, Paragraph 3 of the Terms of Trade or if the mandator claims damages without submitting the necessary documentation for the complaints proceedings, which the freight forwarder has been authorised to conduct by the mandator and which he conducts in the mandator’s name and on his account

e)      the damage occurred during handling, loading, storage, unloading of the consignment by the consigner, consignee or persons acting on behalf of the consigner or consignee

f)       the goods are of a natural character due to which they are subject to whole or partial loss or damage, i.e. particularly caused by breakage, rust, inner decay, dehydration, leakage, normal loss or insect/rodent activity

3.      If the confirmed delivery period is exceeded and the mandator proves he has sustained damages due to this reason, the compensation for damages in international carriage by road concerning the freight forwarder’s responsibility is limited only up to the amount of the transportation charges subject to the CMR Convention No.11/1975 Coll.

4.      If the confirmed delivery period is exceeded and the mandator proves he has sustained damages due to this reason, the compensation for damages in international carriage by air concerning the freight forwarder’s responsibility is limited only up to the amount of 19 SDR per kilogram in accordance with the “Convention for the Unification of Certain Rules for International Carriage by Air” No. 123/2003 of the Collection of International Conventions (= Montreal Convention).

5.      The freight forwarder is not responsible for damages caused as a result of failure to meet the estimated delivery periods in the carriage of goods by sea. The arrangement of the delivery period is not possible with respect to the carriage of goods by sea.

6.      The freight forwarder's liability for damage caused by the forwarding contract and its obligation to pay damages is in all cases limited to the amount of SDR 20,000 per insured event or multiple insured events having the same cause of damage.

7.      The mandator may not offset damages incurred at the provision of transportation against the freight forwarder´s claim for payment of fees for the provided services.

8.      If the freight forwarder performs warehousing and logistics operations within its activities, these operations and its responsibility shall be governed by the terms and conditions of the storage contract (Section 2415 et seq. of Act No. 89/2012 Coll., Civil Code).

 

V. COMPLAINTS PROCEEDINGS, LEGAL DEADLINE 

1.      The consignee is obliged to draw up a written record of damage to the consignment immediately after taking delivery of the consignment in cases where it is clear at first sight that the consignment is damaged. The incompleteness of the consignment or any other breakage of it is also considered to constitute damage. The freight forwarder must be given the opportunity to inspect the extent of the damage in person and the further handling of the damaged consignment must be undertaken according to the freight forwarder’s instructions.

2.      The freight forwarder is not responsible for the carrier and he makes possible claims against the carriers in his own name and on the account of the mandator. When these claims against the carrier are being made, the mandator is obliged to cooperate, particularly in the provision of documents relating to the consignment, its value and so forth, as the basis for the making of the claim against the carrier.

3.      The legal deadlines for the written notification of any damage and claims for these as well as the maximum compensation in individual transportation sectors subject to international carriage conventions and for domestic freight to Act No. 89/2012 Coll., Civil Code are always as follows:


Valid
guarantee
provisions

Complaint deadline –
damages not clearly
detectable during
the acceptance

Time limit for
legal
negotiations

The amount
of
compensation

1. Ocean Freight

The Hague – Visby Rules

3 days
1 year
666.7 SDR per
package or 2
SDR per kg
Hamburg Rules
15 days
2 years
835 SDR per
package or 2.5
SDR per kg

2. Air Freight

The Montreal Convention

14 days 

(in the case of a delay 21 days)

2 years
19 SDR per kilogram

3. Rail Freight

COTIF

7 days
1 year
17 SDR per kilogram

4. Road Freight

CMR – international freight

7 days 

(in the case of a delay 21 days)

1 year
8.33 SDR per kilogram

5. Road Freight

Domestic freight


1 year according
 to § 630, art. 1,
Act No. 89/2012 Coll.
Real damage


4.      The relevant deadlines for written notification and exercise the right to compensation for damages for international freight as well as domestic freight (see the table above) starts on the day of taking delivery of the consignment. Sundays and public holidays are excluded.

5.      Claims for damage to the consignment must be made with the freight forwarder without unnecessary delay after this having been ascertained, for domestic freight, no later however than within six months of the date of acceptance of the consignment for transportation. Only the mandatory is entitled to make claims with the freight forwarder.

6.      The mandator is obliged to exercise his right to compensation for damages arising during the provided transportation by a written notification and subject to the above specified periods from the handover of the consignment to the consignee.

7.      When exercising the right to compensation for damages from the freight forwarder, the mandator is obliged to unequivocally submit plausible and credible written evidence as to the extent of the caused damage. If the Sending Participant does not provide these documents, the freight forwarder has the right to reject the complaint due to the lack of the submitted evidence about the loss incurred.

8.      The freight forwarder is obliged to provide a statement to an applied claim for damages to the mandator latest within 30 days from the application of such claim. This period will be extended by the period during which the mandator failed to submit material documents required for settlement of the complaint. The 30 days´ period for the freight forwarder´s statement will be extended also in case when opinion of experts or average adjusters, or other documents from criminal justice bodies or other state bodies or institutions must be obtained.

VI. INSURANCE OF THE CONSIGNMENT

1.    The freight forwarder declares that he has all the necessary permissions and licences according to the Czech Republic’s current regulations and as a member of The Association of Forwarding & Logistics of the Czech Republic has valid insurance cover for his liability for damages occurred in connection with his activities as a freight forwarder or a carrier (pursuant to the valid CMR Convention) and possibly other permissions that entitle him to carry out activities under this contract. The freight forwarder is obliged to submit documents supporting these facts for inspection to the mandator at his request.

2.    On the basis of a written request from the mandator, the freight forwarder is bound to arrange the insurance of the consignment during the transportation (“cargo insurance”) above and beyond the scope of the carrier’s liability required by law. The mandator’s request must specify the insured value of the goods, insured risks and the period for which the insurance of the goods is to be arranged. Mere information about the price of the goods and delivery conditions cannot be considered to be a request for the arrangement of insurance.

3.    The rates for the cargo insurance for individual types of transportation are dependent on the type of goods and individual territories.

4.    Additional consignment insurance (“cargo insurance”) does not in particular apply to faulty or unsuitable packaging of goods, to damage to the packaging, to the risk of fraud, to damage caused by internal decay or the natural nature of/a natural defect in the goods, to damage caused by design, production or material defects, to damage caused by scratches and scrapes, to damage caused by late delivery of goods (just-in-time transportation), to damage caused by humidity and/or temperature fluctuations, to damage caused by breach of customs or other official regulations, to war and political risks as well as to indirect damage of all types.

VII. PERSONAL DATA PROCESSING

1.      If the shipper processes personal data, this processing is governed by the Personal Data Processing Policy of SCHENKER spol. s.r.o., the text of which is annexed to these terms and conditions and is also available here or on request at the shipper's office.

2. Personal data of third parties, which means the personal data of employees and customers of the shipper's business partners and other natural persons involved in cooperation with the shipper, or other information that the shipper receives from a business partner in connection with the conclusion or performance of the contract, will be processed in accordance with the applicable data protection legislation. Such personal data will be used by the shipper to perform contracts with business partners


VIII. FINAL PROVISIONS

1.      The freight forwarder reserves the right to issue invoices for the provided services in electronic form. His e-mail address for this purpose is efakturace@schenker.cz. An electronic signature will be affixed to each invoice sent in electronic form.

2.    Those relations between the freight forwarder and the mandator, which are not regulated by these Terms of Trade or in the provisions of the forwarding contract, are subject to the relevant provisions of the international and Czech legal regulations.

3.    The definitions of the relations between the mandator and the freight forwarder relating to the DB SCHENKERsystem products are contained in the SCHENKER spol. s r.o. Business Terms and Conditions for DB SCHENKERsystem product and DB SCHENKERparcel Business Terms and Conditions.

4.    In the case of a dispute, the contracting parties have agreed to try to reach an amicable agreement. If during negotiations it is not possible to arrive at an agreement, the dispute will be filed with the court of territorial jurisdiction or possibly after a mutual agreement with the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic.

25th May 2018