1. Recitals Unless it is explicitly agreed in writing between the parties, these General Conditions shall govern obligations arising from contracts entered into by the Freight Forwarder as well as obligations arising from acts or facts of employees or agents of the Freight Forwarder. The responsibility of the Freight Forwarder shall also be defined by these General Conditions. These General Conditions shall be published online on the web site www.fedespedi.it. 2. Definitions For the purposes of the present General Conditions the term: a) “Freight Forwarder” means the party entrusted with the conclusion of the contract of carriage, and/or with the performance of one or more ancillary operations; b) “Freight Forwarder acting as carrier” means the party entrusted with the forwarding of the goods who also acts as performing carrier or explicitly undertakes obligations as performing carrier; c) “Principal” means the party who entrusts the Freight Forwarder with the conclusion of a contract of carriage and/or with the performing of one or more ancillary operations; d) “Shipper” means the party appearing as such, or as Consignor, in the contract of carriage entered into by the Freight Forwarder; e) “Carrier” means the party actually performing or undertaking the performance of the contract of carriage. The term “Freight Forwarder” is meant to include also the “Freight Forwarder acting as carrier”, unless any provision should keep the two cases apart. The term “Freight Forwarder acting as carrier” shall only pertain to the meaning specified in the aforementioned letter b) . 3. Scope of application Either when acting on his own or when acting on behalf of third parties in the conclusion of the contract of freight forwarding and/or carriage, the Principal explicitly agrees that these General Conditions shall apply to all the contractual and non-contractual relationships with the Freight Forwarder and to all the actions and claims against him. 4. Duties of the Freight Forwarder By virtue of the mandate received, which shall normally be issued in writing, the Freight Forwarder shall provide for entering into the contract of carriage and for performing the relevant ancillary operations, reserving to himself full liberty of action where necessary and shall be at faculty to consolidate cargo as groupage (unless otherwise explicitly agreed in writing between the parties), always performing with utmost diligence and acting as Freight Forwarder and never as Freight Forwarder acting as carrier. The Freight Forwarder, unless otherwise explicitly agreed in writing between the parties, will not accept to perform the contract of shipment and/or carriage related to: ‐ dangerous goods potentially liable to cause prejudice to persons, animals, other cargo or things; ‐ perishable goods; ‐ goods not packed or non-properly/insufficiently packed; ‐ valuables, coins, precious goods, works of art. Dangerous goods will include but will not be limited to, the goods classified as dangerous by the IATA, IMO, ICAO regulations or provided by the ADR/RID regulations. In case the aforementioned goods should be entrusted to the Freight Forwarder without previous agreement, or in case the Freight Forwarder accepts instructions on the basis of wrong, incomplete or false information about the nature or value of the goods, the Freight Forwarder shall have the right to terminate the contract or, where necessary, to refuse, deposit or dispose of the goods or even destroy them in case of danger. If any of the above mentioned events shall occur, the Principal and/or the Shipper shall be held liable for any consequent damage and cost occurred. The Freight Forwarder may ask for a lumpsum payment under art. 1740 of the Italian Civil Code and in this case the Freight Forwarder will operate as such and not as Freight forwarder acting as carrier. 5. Time of delivery The Freight Forwarder does not guarantee the delivery of the goods on an agreed time, and therefore cannot be held in any event liable for delay in collecting, carrying and/or delivering of any shipment irrespective of the cause of such delays or irrespective of any request by the Principal for particular terms and time of delivery even if indicated in the documents of transport. 6. Declarations and warranties by the Principal/Shipper The Principal and the Shipper warrant and declare: • that the shipment has been correctly and accurately described in every document of carriage; • that the goods declared by the Freight Forwarder as non-acceptable have been acknowledged as such by the Shipper and that they have not been included into the shipment; • that the nature of the goods, number, quantity, quality and the contents of the packages, the gross weight (including the weight of packages and pallets), volume and dimension of the packages and any other information given is true and correct; • that packing and labe l ling related to the goods and to the conditions of carriage, are considered as appropriate. The Principal and the Shipper further explicitly declare to hold the Freight Forwarder harmless from any damage, claim or cost at any title arising from: ‐ the breach of the warranties above mentioned; ‐ the lack, insufficiency or inadequacy of packing; ‐ the lack of information on cargo and on packages about the necessary cautions to be used in handling and lifting the goods. In case the Freight Forwarder undertakes to perform customs operations, the Principal and/or the Shipper, warrant that the documentation related to the goods is authentic, complete and fully regular and that the goods strictly correspond to the description provided, comply with the relevant applicable law, are importable/exportable and are regularly labelled. In addition, the Principal and/or the Shipper shall give in due time all the information, dates, customs codes, customs entries and classification of the goods, and all the necessary documentation in order to proceed with the customs operations and formalities. The Principal and/or the Shipper authorize the Freight Forwarder to handle all the data relevant to the shipment, even including personal data if necessary, in order to allow the Freight forwarder to handle the necessary online administrative and operating issues so to provide the shipment with the best assistance. 7. Quotation by the Freight forwarder Quotations by the Freight Forwarder and agreements on prices and conditions are always and solely related to specified services and do not include, unless otherwise provided by the parties, additional costs arising from operations carried out of the ordinary working hours. Unless otherwise provided, quotations are binding solely for goods with normal volume, dimension and quality, under the relevant mode of transport. Standard Trading Conditions Fedespedi 2009
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