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ASSTRA » AsstrA Forwarding AG

AsstrA Forwarding AG

Asstra Forwarding AG

 

GENERAL CONDITIONS

of providing transportation services to clients

(recent update – April 23, 2024)

 

TERMS AND DEFINITIONS:

 

"Client" means a person and any of his affiliated persons, to whom the Forwarder for a fee renders services in the organization of transportation of cargoes and/or their forwarding service specified in the transport order to the Forwarder, by one mode of transport or various modes of transport, including in their combination (by road, water, rail, air) or renders other Services provided by the Transport order. Reference to Client in these Terms includes Client’s employees, agents and other persons for whom Client may be legally responsible.

"Forwarder" means AsstrA Forwarding AG and any of its affiliates providing services to the Client pursuant to the Transport Order/Application.

"Affiliate" means any other entity that the Client or the Forwarder directly or indirectly controls. Any of the Client's or Forwarder's affiliates shall have the right to apply these Terms and Conditions as if they were the original party to these Terms and Conditions. AsstrA Forwarding AG has the exclusive right to confirm whether or not an entity is affiliated.

"Cargo" the object or the combination thereof in respect of which the Forwarder performs the services or works specified in the Transport Order.

"Transport Order" means any written instructions issued by the Client and accepted by the Forwarder with respect to the transportation, forwarding, collection, handling, storage, delivery of cargo or other services or work related to the cargo.

“Offer” means preliminary document proposed by the Forwarder in order to perform Services for the Client.

"Transport" means a technical device for the transportation of a particular type of cargo (including a container, wagon, gondola car). Peculiarities of freight forwarding and transportation of goods by particular modes of transport are determined by the relevant legislation, including international acts containing the rules governing the transportation by a particular mode of transport.

"Services" means a set of tasks to organize the transportation of the Client's cargo from one point to another, as well as the provision and performance of other logistical tasks of the Forwarder for a fee.

"Party" means "Client" or "Forwarder" individually and "Parties" collectively.

These Terms do not affect the relationship of the Parties in the event that a separate contract has been concluded between the Parties that does not refer to these Terms.

 

1. SCOPE OF APPLICATION:

1.1. The Client and/or its Affiliates order certain services and/or work from the Forwarder in accordance with the Transport Orders, which shall be sent separately in accordance with these Terms.

1.2. The Forwarder shall provide the Services strictly in accordance with the Transport Orders sent by the Client, as well as for the Services, which may include, but are not limited to, one or more of the following components: forwarding and customs clearance services; route safety analysis; organization of road, rail, sea, air transportation; assistance in customs transit operations; cargo consolidation; cargo insurance; cargo storage; container loading and unloading; advice on the best route, etc.

1.3. In order to perform its obligations, the Forwarder is entitled to conclude with third parties contracts for transportation, forwarding and other services related to the carriage of Cargoes and the provision of services to the Client.

1.4. Features of freight forwarding and carriage of Cargoes by particular modes of transport are determined by the relevant legislation, including international acts containing the rules governing the transportation of this type of transport.

 

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Forwarder shall:

2.1.1. At the expense of the Client, organize transportation, provide forwarding services for the Client's cargo, or provide other services agreed upon in the Transport Order.

2.1.2. To provide submission for loading of the cargo of a vehicle that meets the technical and sanitary requirements for transportation of the cargo indicated in the Transport Order to the Forwarder, in the terms agreed with the Client. The type of a vehicle shall be determined by the Client, proceeding from the nature of transportation, and shall be indicated in the Transport Order to the Forwarder.

2.1.3. Execute the instructions of the Client in accordance with the Transport Order, provided that the instructions are specific, lawful and enforceable.

2.1.4. In the case of objective reasons that do not allow to fulfill the agreed and accepted transport order, to notify the Client to take joint measures for its fulfillment.

2.1.5. In case of deviation from the instructions of the Client, immediately notify him of such deviation. If it is not possible to notify the Client immediately, the Forwarder undertakes within the next 24 (twenty-four) working hours to notify the Client of such deviations.

2.1.6. Provide acceptance of the Cargoes for the Carriage according to the conditions specified in the Transport Order. In case if according to the Transport Order the Forwarder is charged with a duty to carry out control over loading, placement, fastening of the Cargoes, the integrity of their packing, the Forwarder is obliged to inform the Client about the violations revealed in the process of control and to agree with the Client the order of further actions. In the absence of respective instructions from the Client concerning further actions within 24 (twenty-four) hours from the moment of receipt of respective information from the Forwarder by any available means of communication, the Forwarder is entitled to refuse to perform the Transport Order and to demand from the Client payment of a fine for failure to load and compensation of all incurred expenses, as well as a fine for each day the vehicle is idle.

2.1.7. Provide at the Client's request information about the process of cargo transportation, to inform the Client about all cases of forced delay of vehicles en route, accidents, other circumstances that prevent the timely delivery of cargo or threaten the safety of the cargo.

2.1.8. Immediately notify the Client of all defects detected during loading (package integrity failure, damage of containers, seals, surplus/shortage of cargoes compared to the data in the shipping documents, wetting and other damage to the cargo, arrival of cargoes without proper shipping and other documents, in case of any discrepancy between actual status of the cargoes and containers and the data contained in the documents for cargoes and containers, or the data communicated by the Client in advance to the Forwarder), and to act in accordance with his written instructions.

2.1.9. Unless otherwise stipulated in the Transport Order, provide the Client with copies of documents, certified by the Forwarder, confirming the performance of transportation (consignment notes of the established form, applicable to the relevant type of transportation) with a mark of acceptance/delivery of cargo and other documents confirming the fact of transportation and additional expenses of the Forwarder.

2.1.10. Make settlements with all persons involved in the provision of the Services under the Transport Order, with subsequent reimbursement of these costs by the Client.

2.2. Forwarder's rights:

2.2.1. In case the Client provides incomplete information, to ask the Client the necessary additional data, to check reliability of the information and documents provided by the Client for performance of the Forwarder's duties under the Transport Order. If the Client fails to provide additional information and documents at the request of the Forwarder, the Forwarder is entitled not to proceed with the execution of the Client's Transport Order.

2.2.2. The Forwarder is entitled to choose or change the type of transport, the route of cargo transportation, the sequence of transportation by different modes of transport, based on the interests of the Client, unless otherwise indicated by the Client in the Transport Order to the Forwarder.

2.2.3. On a separate instruction of the Client and at the expense of the Client, in its own name or on behalf of the Client, to conclude a contract of insurance of the cargo for the period of carriage on the basis of the Client's instructions. In this case, the Client is obliged to reimburse the Forwarder for the costs of insurance of the cargo. The terms of insurance shall be agreed by the parties before the beginning of the carriage.

2.2.4. Receive transportation and shipping documents.

2.2.5. Involve third parties in the performance of their duties.

2.2.6. The Forwarder has the right to withhold the cargo in his possession until full payment of the remuneration and/or reimbursement by the Client of the expenses incurred by the Forwarder, with the right to receive subsequent reimbursement from the Client for expenses in connection with the withholding of the cargo.

2.2.7. In case of changes in rates by the transport authorities and organizations engaged in the regulation of transportation, the Forwarder is entitled to immediately change the prices for the services, with mandatory notification of the Client from the date of entry into force of the relevant changes.

2.3. Client Responsibilities:

2.3.1. Send by e-mail the Transport Order to the Forwarder.

2.3.2. Provide necessary documents and information about the cargo (special properties), about the conditions of its transportation, as well as prepare and hand over for loading on the presented vehicles, cargoes prepared for transportation and all necessary shipping and customs documents - contracts, invoices, licenses, customs declarations, transit and other permits, certificates, etc. The Client shall guarantee the reliability and completeness of the documents submitted by the Client and/or the consignor, as well as information on the properties of the cargo, on the conditions of its transportation and other information necessary for the performance by the Forwarder and the carrier engaged by him of the obligations provided for by the Transport Order. The Client shall ensure full compliance of the loaded Cargo with the forwarding documents and information on the Cargo provided to the Forwarder and/or the carrier engaged by the Forwarder.

2.3.3. To ensure that the Cargoes are ready for loading at the loading point agreed with the Forwarder at the time, nomenclature and quantity indicated in the Transport Order to the Forwarder, in the transportation container and packaging ensuring the safety of the Cargoes and the rolling stock during transportation along the whole declared route. Provide proper packing of the shipped cargoes, corresponding to the requirements of the state standards and international acts. Transported cargo must be in integral factory packaging, which is marked with the name, the nature of the cargo, cargo weight and number of attachments, as well as exclude unnoticeable access (sealed, sealed, etc.).

The Client is obliged to inform the Forwarder in the Transport Order to the Forwarder about the necessity to observe certain conditions of carriage of the Cargoes, for example, temperature conditions during carriage of the Cargoes, etc.

The Forwarder shall check the integrity of the package, as well as compliance with the temperature regime, if the Client has given the Forwarder a corresponding instruction to that effect in the Transport Order.

2.3.4. Ensure that transport can be delivered to the loading and unloading points indicated in the Transport Order to the Forwarder, maintain access roads to the loading and unloading points and loading and unloading grounds in a condition that ensures free movement and maneuvering of vehicles.

2.3.5. The Client shall pay the remuneration due to the Forwarder, as well as reimburse expenses incurred by him in the interests of the Client or through the fault of the Client, as well as through the fault of third parties for whose acts or omissions the Client is responsible. In this case, the amount of expenses shall be determined in the invoice issued by the Forwarder and shall be confirmed by documents.

2.3.6. Within the term indicated by the Forwarder, issue to the Forwarder a power of attorney, if it is necessary for performance of the Transport order. If the Client fails to give a power of attorney in accordance with the Forwarder's instructions, the Forwarder is entitled to refuse to execute the Client's Transport Order with imposing on the Client responsibility for the failure to load and applying penalties in this connection.

2.3.7. Provide access of the Forwarder's representative (driver or surveyor) to the control of loading/unloading of vehicles, including counting of pieces or placement in the cargo compartment of the vehicle, checking the external condition of packaging and labeling, checking for compliance of the information stated in the Client's Transport Order, shipping documents with the actual loading.

2.3.8. If during carriage of the Cargoes by road the Forwarder's representative (a driver of a vehicle or a surveyor), in accordance with Article 8 of the Convention on the Contract for the International Carriage of Cargoes by Road (CMR), enters a reservation in the SMR-bill about the lack of sufficient opportunity to check the correctness of records of the number of cargo places, their markings, as well as the external condition of the Cargoes and their packaging, or a reasonable reservation concerning the external condition of the Cargoes and their packaging. The Client undertakes to ensure that the consignor has a record in the SMR invoice confirming the consignor's consent to the reservation made by the driver of the vehicle.

2.3.9. During loading, ensure compliance with the requirements of the Forwarder's representative (driver or surveyor) on the order of loading the cargo to the vehicle, its rational placement and fastening in order to ensure road safety, and other instructions, as well as provide at his own expense all means of cargo fastening, not provided by standard equipment of the vehicle and not specified by the Client in the Transport Order for transportation as mandatory for loading.

2.3.10. Immediately inform the Forwarder of the need to reassign the vehicle (if any), about changes in volumes, nomenclature or loading (unloading) points not later than 48 (forty-eight) hours before the relevant shipment, reimburse the Forwarder all expenses incurred in connection with such changes.

2.3.11. Ensure that cargo at the points of destination is received by persons who are duly authorized to receive the cargo specified in the shipping documents for a particular shipment.

2.4. Client's rights:

2.4.1. Receive information and documents about the status of transportation.

2.4.2. Choose the route of the Cargoes. If the route of the Cargoes is not specified by the parties in the Transport Order, it is considered that the Client has agreed in advance to carry out the Cargoes by the route chosen by the Forwarder.

2.4.3. Request from the Forwarder information about the process of cargo transportation.

2.4.4. Give instructions to the Forwarder in accordance with these Terms.

 

3. ORDER OF THE TRANSPORT ORDER TO THE FORWARDER

3.1. The Client orders the Cargo transportation or other Services by sending a Transport Order to the Forwarder. The Forwarder shall confirm acceptance of the Transport Order within 48 (forty-eight) business hours from the moment the Client sends the Transport Order to the e-mail address indicated by the Forwarder.

3.2. The Client may cancel or change the Transport Order up to ninety-six (96) hours before the time of loading at no additional cost or penalty to the Client, provided the vehicle has not arrived at the loading location or other Terms have not been agreed upon in the Transport Order.

3.3. Each Transport Order must be signed by an authorized person of the Client and stamped (if the Client uses a seal in its activities). The Client bears full responsibility for the reliability of the information stated in the Transport Order. If necessary, the Client shall issue to the Forwarder a power of attorney to act as an attorney on behalf of the Client and in his interests.

3.4. Upon confirmation of the Forwarder's acceptance for execution, the Transport Order shall be signed by an authorized person of the latter, stamped (if the Forwarder uses a seal in its activity) and handed in writing to the Client by means of electronic communication. The Forwarder shall be deemed to have accepted the Transport Order for execution from the moment when the Client receives the signed by the Forwarder Transport Order or when the Client receives a written confirmation about the acceptance of the Transport Order for execution.

If the Forwarder cannot execute the Transport Order in full and in due time, the Forwarder shall notify the Client in writing.

3.5. The Client shall notify the Forwarder in the Transport Order about special properties and characteristics of the cargoes, which by their nature are or may become dangerous, radioactive, toxic or causing (threatening to cause) damage to the environment, third parties and the vehicle, as well as about perishable and fragile (i.e. requiring special conditions of transportation, handling and storage) cargoes. Dangerous, harmful or perishable and fragile Cargoes shall not be accepted by the Forwarder in the absence of a prior written request, instructions and data on the safety of carriage from the Client and in the absence of confirmation of the Forwarder's consent to accept such Cargoes.

3.6. The Forwarder has the right to deviate from the instructions of the Client, unless it is necessary in the interests of the Client and unless the Forwarder, due to circumstances beyond his control, was unable to request the Client's consent to such deviation in advance or to receive an answer to his request.

3.7. The terms and conditions set forth in a particular Transport Order shall take precedence over these Terms and Conditions and shall prevail over the parties in the event of a dispute.

 

4. PAYMENT PROCEDURE

4.1. The currency of settlement and the cost of the Forwarder's services shall be fixed by the Parties in the Transport Order signed by the Parties.

4.2. If the Transport Order does not specify clear terms and procedure of settlement, it is considered that the payment by the Client of the agreed cost of the Forwarder's services is made by advance payment in the amount of one hundred (100) % of the agreed cost of services before the date of loading on the basis of the Forwarder's invoice sent to the Client by e-mail. In such a case, the payment shall be made in EUR.

4.3. Unless otherwise agreed by the Parties in the Forwarding Order, payment of additional expenses, penalties and other amounts incurred by the Forwarder in rendering the Services to the Client shall be made by the Client on the basis of a separate account of the Forwarder within ten (10) calendar days from the date of the invoice and receipt from the Forwarder copies of documents confirming expenses or justifying the penalties charged, in which case payment shall be made in EUR.

4.4. Settlements for the rendered Services are made by transferring money payable from the Client's settlement account to the Forwarder's settlement account.

4.5. All bank charges and fees are at the expense of the party making the payment.

4.6. The date the money is credited to the account of the Forwarder is the date of payment.

 

5. RULES OF CARGO TRANSPORTATION BY RAIL

5.1. When rendering Services using rail transport the parties undertake to follow the Agreement on International Goods Transport by Rail (SMGS), Convention concerning International Carriage by Rail (COTIF), and also rules of cargo transportation by rail, technical conditions of cargo placing in cars and containers, rules of dangerous goods transportation by rail and other normative acts, regulating cargo transportation by rail.

5.1.1. The Forwarder accepts the container for transportation without checking the Cargo and its securing inside the container. Such control may be carried out upon a request and at the expense of the Client.

5.1.2. The weight limits apply according to the restrictions in the transport law of the transit countries.

5.1.3. The Forwarder shall carry out his Services according to the Client's instructions as agreed. If the instructions are inaccurate or incomplete or not in accordance with the Offer, the Forwarder may at the risk and expense of the Client act as he deems fit.

5.1.4. Unless otherwise expressly agreed, the Services do not include the dangerous goods of any kind.

5.2. Duties of the Forwarder:

5.2.1. Make a preliminary calculation of the cost of cargo transportation by rail in accordance with the Transport Order.

5.2.2. Accept serviceable loaded containers at the station only if they have a previously issued railroad seal.

5.2.3. Hand over the loaded container, wagon to the railway station of departure for further transportation.

5.2.4. Draw up all necessary transportation documents on the basis of documents and information provided by the Client.

5.2.5. Upon arrival of the wagon (container), immediately notify the Client by phone or e-mail.

5.2.6. To put the wagon (container) for unloading in accordance with the Transport Order to the Forwarder.

5.2.7. By order of the Client to be the shipper of cargo by rail on his own behalf.

5.2.8. Execute the instructions of the Client’s in accordance with the Transport Order, provided that the instructions are lawful, feasible and specific.

5.2.9. In case of increase in the railway tariff, tariffs of other carriers, forwarders, etc., the rate may be unilaterally increased by the Forwarder to the corresponding amount of changes in tariffs, about what the Forwarder informs the Client.

5.3. Client Responsibilities:

5.3.1. To submit the Transport Order to the Forwarder in writing by any available means of communication, indicating all necessary data at least ten (10) calendar days before the beginning of transportation of Cargoes in the direct rail service and at least fifteen (15) calendar days before the beginning of transportation of Cargoes in international traffic, in mixed traffic, as well as if the destination points are ports, liquid cargo transshipment points.

5.3.2. Send the Transport Order to the Forwarder for unloading the wagon (container) not later than 24 (twenty-four) hours before the moment of unloading.

5.3.3. To notify the Forwarder of the cancellation of previously requested transportation no later than forty-eight (48) hours before the vehicle is to be loaded.

5.3.4. Timely provide the Forwarder with the necessary documents and information (copy of the confirmation telegram from the destination station, consignment notes, certificates, etc.)

5.3.5. To provide with its own forces or by its agent the loading/unloading of the railway car and customs clearance within 2 (two) calendar days from the moment of submission to the relevant points of departure/destination, if not stipulated otherwise in the Transport Order; to load/unload and clear the container: 20 (twenty) feet - within 3 (three) hours; 40 feet - within 4 (four) hours from submission to the relevant points of departure/destination, if not stipulated otherwise in the Transport Order.

When loading a container/wagon, take measures to ensure that the cargo cannot move inside the container/wagon.

5.3.6. Provide for the carriage of Cargoes in proper (ensuring the safety of Cargoes and rolling stock during the entire route) containers and packaging in accordance with state standards and the rules of transportation of Cargoes by rail.

5.3.7. Compensate all expenses of the Forwarder related to storage, return or reassignment of containers, cars in case of absence of the consignee at the station of destination.

5.3.8. After delivery of the Cargoes to the Consignee by rail (i.e. delivery of the Cargoes to the destination station) the Client shall provide the Forwarder within 7 (seven) calendar days with the railway consignment note with all stamps of the railroads on departure, arrival, border crossing, as well as stamps of customs authorities at the border crossing and destination station. All stamps must be clear and legible.

5.3.9. To provide the Forwarder with all necessary documents and information. The Forwarder is under no obligation to check the accuracy or adequacy of such documents and information. The Client is liable to the Forwarder for any damage caused by the lack, inadequacy or incorrectness of these documents and information.

The Client shall be liable to the Forwarder for all loss or damage, costs, expenses and official charges resulting from the Client's inaccurate or incomplete information or instructions or the handing over by the Client or any person acting on his behalf to the Forwarder, or to any other person to whom the Forwarder may become liable, of Cargo having caused death or personal injury, damage to property, environmental damage or any other type of loss.

5.3.10. The Client shall prepare and make the Cargoes available for the Services correctly packaged, classified, sealed, labelled and/or addressed. The Client shall notify the Forwarder about the necessity of the adherence to specific Cargo transportation conditions, for example, temperature conditions for Cargo transportation and other. The Client ensure that the Cargoes can be legally exported or imported to or from the origin or destination in respect of the applicable export and/or import control legislation.

5.3.11. Unless otherwise agreed by the Parties, the Client shall perform the loading, lashing, securing and unloading of the Cargoes in the facility of the Client or at a designated site for the delivery/collection of the Cargoes. If the Forwarder is requested to assist with the loading, lashing, securing or unloading of the Cargoes, this assistance will be carried out at the cost, liability and risk of the Client.

5.3.12. The Client is responsible for the loss of the container or damage thereto and shall compensate all costs incurred by the Forwarder in connection with the abovementioned event.

5.3.13. In the event of failure to collect the container/Cargoes by the recipient indicated on the bill of lading/consignment note, all local costs at the delivery port/terminal (including demurrage, storage, customs costs), any costs of disposal or returning the Cargoes to the port of loading shall be borne by the Client and are re-invoiced to him by the Forwarder.

5.3.14. The Client shall indemnify the Forwarder in respect of any claims of a General Average nature which may be made on him and shall provide such security as may be required by the Forwarder in this connection.

5.3.15. The Client shall inform the Forwarder in advance (before the start of transportation) regarding the necessity to file information about transportation of his Cargoes in any monitoring system, as well as submit all information that should be entered in the monitoring system and instructions. In case of failure to notify the Forwarder in advance, the Client shall bear full liability and compensate all losses incurred by the Forwarder in this regard.

5.4. Applicable Rates and Additional Expenses.

5.4.1. The Offer includes only those activities that are specified in it, and the rates for the Services listed therein remain valid only during the period of its validity, unless otherwise stated in its content.

5.4.2. The validity period of the rates indicated in the Offer is limited and noted in the Offer.

5.4.3. The rates indicated in the Offer do not include:

a) VAT;

b) Cargo lashing, reinforcement, if needed;

c) Inspection and other unexpected charges if occur;

d) Multistop in EU;

e) Export license fee cost, if needed.

5.4.4. The Forwarder reserves the right to unilaterally amend any charges with 5 (five) days written notice to the Client in the following cases:

a) Price change by the carrier;

b) Occurrence of significant changes in costs beyond the control of the Forwarder.

5.4.5. The Forwarder shall in no event be liable for:

a) Valuables or dangerous goods unless declared by the Client and accepted by the Forwarder at the time of the acceptance of the Offer;

b) Loss following from delay;

c) Indirect or consequential loss such as, but not limited to, loss of profit and loss of market;

d) Loss of or damage to the Cargoes due to inherent defect of the Cargoes;

e) Acts or omissions of Client, its agents or any third party that the Client employs, including failure to seal the container in the presence of the carrier, missing consignment note, etc.;

f) Insufficiency of packing where such packing has been performed or provided by or on behalf of the Client;

g) Improper performance of loading and stowing procedures where such loading and stowing have been performed or provided by or on behalf of the Client;

h) Circumstances outside the control of the Forwarder, the consequences of which the Forwarder could not avoid even when exercising the utmost of care.

5.4.6. The Client acknowledges that the Offer specifies only those costs that are related to the uninterrupted performance of the transportation.

5.5. The Forwarder’s liability as a principal.

5.5.1. The Forwarder is subject to liability as principal if, by issuing his own transport document, he has made an express undertaking to assume carrier liability (contracting carrier).However, the Forwarder shall not be deemed liable as carrier if the Client has received a transport document issued by a person other than the Forwarder and does not within a reasonable time maintain that the Forwarder is nevertheless liable as carrier.

5.5.2. With respect to Services other than carriage of Cargoes such as, but not limited to, storage, handling, packing or distribution of the foods, as well as ancillary services in connection therewith, the Forwarder shall be liable as principal:

a) When such services have been performed by himself using his own facilities or employees, or

b) If he has made an express undertaking to assume liability as principal.

5.5.3. The Forwarder is not liable for acts and omissions by third parties, such as, but not limited to, Carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless he has failed to exercise due diligence in selecting, instructing or supervising such third parties.

5.5.4. The Forwarder declares that he does not have his own transport and that he provides the Services using of subcontractors. The Forwarder does not perform transportations directly and cannot be treated as the performing carrier.

5.5.5. The Forwarder declares that all dates specified in an Offer are of estimated nature. The Forwarder is not liable for their breach.

5.6. Performance of the Services

5.6.1. After departure of a container from a station, Forwarder will send copy of the forwarding bill of lading or CMR or SMGS to the Client.

5.6.2. Containers, which are returned after unloading, must be clean and in the same condition as before transportation. All possible costs for cleaning or repairing of the containers incurred by the Forwarder must be compensated by the Client within 5 (five) days after the receipt of the corresponding written request.

5.6.3. If the Forwarder provides empty containers ("shippers load, stow and count"), they must be immediately checked by the Client to determine whether they are in good condition and suitable for loading, especially with regard to the foreign odors. Any reservations as to the condition of the containers shall be reported by the Client to the Forwarder in writing (including electronic form). In the absence of objections, it is considered that the container was delivered in good condition and can be used for transportation. In this case, the Forwarder is not liable for possible damage to the Cargoes resulting from the container defects existing at the time of loading.

5.7. Insurance

5.7.1. The Forwarder will take out liability insurances, as may be required by law or as is the common practice in the Forwarder’s business.

5.7.2. Unless specifically agreed in writing, the Forwarder will not take out cargo insurance on the transported, handled or stored Cargoes. The Forwarder encourages the Client to take out cargo insurance to cover the Cargoes during transportation, handling and storage.

5.8. Notice

5.8.1. Unless notice of loss of or damage to the Cargoes, specifying the general nature of such loss or damage, is given in writing to the Forwarder by the person entitled to receive the Cargoes when they are handed over to him, such handing over is prima facie evidence of the delivery of the Cargoes in good order and condition. Where such loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within 6 consecutive days after the day when the Cargoes were handed over to the person entitled to receive them.

5.8.2. With respect to all other loss or damage, any claim by the Client against the Forwarder arising in respect of any service provided for the Client or which the Forwarder has undertaken to provide shall be made in writing and notified to the Forwarder within 14 days of the date upon which the Client became or should have become aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Client can show that it was impossible for him to comply with this time limit and that he has made the claim as soon as it was reasonably possible for him to do so.

5.8.3. The claim shall be accompanied by documents, which confirm the condition and value of the shipment and the circumstances of the damage/shortages, as well as the calculation of the damage.

 

6. RULES OF CARGO TRANSPORTATION BY ROAD

6.1. When rendering Services involving road transport, the Parties shall be governed by the Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention), the Convention on the Contract for the International Carriage of Goods by Road (CMR Convention), the European Agreement concerning the Transport of Dangerous Goods by Road (ADR) and other regulations governing the carriage of goods by road.

6.2. Duties of the Forwarder:

6.2.1. Organize in its own name, but at the expense of the Client, transportation of the Client’s cargoes by its own efforts and/or by engaging third parties and perform forwarding services.

6.2.2. Conclude contracts of carriage with the carrier in his own name, but at the expense of the Client.

6.2.3. Inform the Client about the violation of the terms of delivery of cargo to the destination point and take all measures to eliminate the violation.

6.2.4. Organize, by agreement with the Client, escort, cargo insurance and other instructions of the Client with reimbursement of costs.

6.3. Client Responsibilities:

6.3.1. Submit the Transport Order to the Forwarder 3 (three) business days prior to the beginning of the transportation. For carriage of cargoes involving oversized and heavy equipment, the Transport Order shall be submitted to the Forwarder not less than 21 (twenty-one) days prior to the beginning of the carriage. The Client may refuse the previously applied for carriage by road not later than forty eight (48) hours before the vehicle is to be loaded, and in case of carriage by oversized and heavy vehicles not later than seven (7) days before the vehicle is to be loaded. If the Client refuses the Transport Order less than 48 (forty-eight) hours in advance, he/she shall pay a penalty for failure to load.

6.3.2. Agree with the Forwarder the specific scope, nature and cost of services by providing the Forwarder with the Transport Order.

6.3.3. Provide cargo at the point of shipment in the nomenclature and in the quantity specified in the Transport Order to the Forwarder, in containers and packaging ensuring its safety during transportation and loading and unloading, as well as the documents necessary for transportation (Cargoes transport, customs documents, certificates, import permits, etc.), be fully responsible for the completeness of the provided documents and information and for compliance of the cargo with the provided documents and information on the cargo.

6.3.4. Provide loading/unloading and customs clearance of cargo within the normative period (the period during which the Client is not charged an additional fee for the use of the vehicle). Herewith the standard term for loading / unloading and customs clearance is: in the EU countries - 24 (twenty four) hours from the moment of arrival of the vehicle; in the CIS countries - 48 (forty eight) hours from the moment of arrival of the vehicle. For the transportation of Cargoes within one country in the EU countries the normative time is four (4) hours from the moment of arrival of the vehicle. When calculating the standard downtime of vehicles, weekends and public holidays of the country of residence are taken into account. Idle time of vehicles on weekends and public holidays in excess of the agreed normative downtime shall be paid by the Client.

6.3.5. Strictly adhere to the rules and instructions of the customs authorities, where customs clearance for export and customs clearance of imported cargo is performed. When en route to the consignee, the road train with the imported cargo initially arrives at the customs post specified in the CMR or TIR-Carnet.

 

7. RULES OF MARITIME TRANSPORT

7.1. When rendering Services using maritime transport the Parties shall be guided by the UN Convention on the Carriage of Goods by Sea, 1978, the International Convention for the Unification of Certain Rules of the Bill of Lading (the Hague-Visby Rules), the bill of lading under which the cargo is carried and which are binding upon the Parties, and other normative acts governing the carriage of goods in maritime traffic.

7.2 Duties of the Forwarder:

7.2.1. If the Client has all necessary documents, organize the reception and shipment of the Client's cargo by sea transport.

7.2.2. If it is specified in the Transport Order to the Forwarder, organize timely payment of sea freight and payment of all other charges, fees, duties necessary for the transportation of the cargo.

7.2.3. Issue a bill of lading for cargo sent for export, as well as for cargo received for import, only if the Client has transferred payment for the Transport Order to the Forwarder's account.

7.2.4. Upon separate instructions and at the expense of the Client, within the period specified in the Transport Order, organize at seaports the repacking, relabeling, repair of containers, weighing of cargo, determining the quality of Cargoes, sampling, registration of documentation, delivery of cargo on site and other operations related to transshipment of foreign trade cargo, issuing in the prescribed manner requests to the relevant organizations for the performance of the specified work.

7.2.5. Monitor the transfer of heavy and oversized cargo sketches to ports by railroad departments, as well as the production by the latter of loading drawings, calculations of cargo fastening and approval of transportation conditions in the prescribed manner.

In the case of arrival at seaports of imported oversized, heavy and long-length equipment without sketches to ensure their drawing up at the expense of the Client.

7.2.6. At the direction of the Client and on its own behalf or on behalf of the Client, concludes contracts with shipping companies for carriage of Cargoes by sea, with container lines.

7.2.7. At the direction of the Client and on its own behalf or on behalf of the Client, concludes contracts with surveyor organizations.

7.3. Client Responsibilities:

7.3.1. Provide the Forwarder with the Transport Order to the Forwarder to organize the transportation of Cargoes with an indication of the list of ordered services no later than 7 (seven) days before transportation, and no later than 30 (thirty) calendar days in case of oversized, heavy and long equipment transportation.

7.3.2. Ensure that cargo is presented for transportation in a proper container and packaging that protects it from deterioration and damage en route, during transshipment in the port.

7.3.3. Ensure that all shipping documents required for shipment of cargo from the port or receipt of cargo in the port are prepared and sent to the Forwarder in a timely manner, within a period not exceeding five (5) calendar days before the arrival of cargo at the port of discharge.

7.3.4. Ensure that 20 (twenty) calendar days before the arrival of the vessel at the port of destination, the dimensional drawings (sketches) for imported oversized, heavyweight and long-length equipment in scale 1:50 with all measurement data of protruding parts of structures, as well as with the application of "center of gravity" markings on the cargo areas.

7.3.5. Provide loading of the container by himself or by his agent and carry out its customs clearance within 24 (twenty-four) hours, unless otherwise agreed in the Transport Order. When loading the container to take measures to ensure that the cargo cannot move within the container. To provide customs clearance and unloading of the container by own efforts or by own agent within 24 (twenty-four) hours from the moment of its submission to the point of delivery, if other term has not been agreed in the Transport Order.

7.3.6. In case of changes in tariffs and/or penalties by third parties (contractors: port, terminals, local authorities, agents of sea and ocean lines, feeder lines, etc.) engaged by the Forwarder to execute the instructions of the Client, the Forwarder is entitled to unilaterally change the previously agreed with the Client tariffs and/or the amount of penalties by sending to the Client an information letter indicating new tariffs and/or penalties immediately after receiving relevant information about the change.

 

8. RULES OF AIR CARGO TRANSPORTATION

8.1. When rendering Services using air transport, the parties shall be governed by the Warsaw Convention, the Montreal Convention, bilateral intergovernmental agreements, as well as other regulations governing the carriage of goods by air transport.

8.2. When transporting cargo by air, the Forwarder shall not be liable for a delay in shipment if the airline changes the schedule (delays, cancellations) of the flight for which the Client's cargo was booked, as well as in other cases caused by the airline; for untimely delivery if the Client himself chooses the transportation scheme, which may result in failure of delivery time; for untimely transportation if it cannot be performed due to weather conditions that prevent the aircraft to fly to the place).

8.3. Duties of the Forwarder:

8.3.1. Organizes transportation on the routes specified in the Client's written transportation orders. If necessary, makes reservations for airline flights for the Client's cargo.

8.3.2. Informs the Client of the date and time of the beginning of transportation, the number of the waybill, and the estimated time of cargo arrival at the destination specified in the Client's transportation order.

8.3.3. On its own behalf settles accounts with transport organizations and transshipment points (airports, warehouses) engaged for transportation, handling and storage of cargo.

8.3.4. Calculates the cost of services and confirms to the Client in writing the acceptance of the Transport Order for the organization of air transportation of cargo within three working days after receipt of the Transport Order.

8.3.5. Issue air waybills and other documents necessary in the performance of its obligations, the execution of which under applicable law is the responsibility of the Forwarder or of third parties engaged by the Forwarder.

8.3.6. Экспедитор принимает груз от Клиента по количеству мест и не несет ответственности за внутритарную недостачу содержимого грузовых мест, принятых (переданных) в исправной таре.

8.4. Forwarder rights:

8.4.1. If the delivered cargo or part thereof is not accepted by the Client's recipient or his authorized representative at the place and time designated by the air carrier or the airport of cargo arrival, all expenses for storage, return transportation or destruction of the cargo shall be borne by the Client.

8.4.2. If the Client provides the cargo in poor quality packaging and with insufficient labeling, the Forwarder has the right to unilaterally refuse to perform the carriage, and if the Contractor had to repack the cargo by its own efforts, the Client must reimburse the Forwarder for the costs incurred.

8.5. Client Responsibilities:

8.5.1. Issue a Transport Order for air transportation of export-import and transit cargo in Russia and abroad only after the Forwarder confirms by telephone or e-mail the possibility of providing such services.

8.5.2. To issue the Transport Order and send them to the Forwarder by e-mail with all the necessary information.

8.5.3. Provide the Forwarder with the necessary documents, including customs declarations, commercial invoices, certificates, licenses, import and export permits, etc., required for proper performance by the Forwarder of its obligations on the organization of the air carriage of cargoes, in order to fulfill its obligations under the Transport Order. The Client shall be fully responsible for the accuracy of the documents and information on the cargo provided to the Forwarder, for the compliance of the cargo loaded with the documents and information provided. To compensate the Forwarder for the damage (including fines) caused by the provision to the Forwarder of incorrectly executed documents or other incorrect information on the cargo, failure to provide the Forwarder with the necessary documents and information for the transportation of the cargo, untimely shipment of cargo lots for shipment.

8.5.4. Deliver the cargo to the consolidation warehouse by agreement with the Forwarder, unload the cargo at the consolidation warehouse unless otherwise agreed upon in the Transport Order.

8.5.5. To submit the cargo for transportation properly labeled, edged, in appropriate containers and packaging that protects the cargo from damage, opening and damage on the way and during transshipment.

8.5.6. Not to provide the Forwarder for shipment of dangerous goods (poisons, corrosive acids, explosive, flammable, poisonous, radioactive substances, medicines containing narcotic and infectious substances) except when the Client has previously agreed on the shipment of dangerous goods.

8.5.7. The Client is responsible for the quality of packing of the Cargoes. All costs incurred by the Forwarder in connection with the need to strengthen the packaging or repack the cargo at the request of the carrier, airfield services, shall be paid by the Client.

 

9. PARTY LIABILITY

9.1. For failure to perform or improper performance of their obligations, the parties shall be liable in accordance with applicable law applicable to the relations of the parties in the performance of a particular Transport Order.

9.2. In case of loss, shortage or damage to the Cargoes during carriage by road, the Forwarder's liability may not exceed the amount of the liability of the actual carrier engaged by the Forwarder for the performance of the carriage. Liability for the Cargoes during carriage by rail, sea and air shall be borne by the relevant carrier in accordance with the established rules of international law governing such carriage.

9.3. The Forwarder is not liable for internal shortage or damage to the contents of packages accepted from the shipper and handed over to the consignee in good packing (or behind a good seal of the loading compartment), as well as for loss, shortage or damage to the cargo, if they occurred as a result of natural loss.

9.4. If the Forwarder accepts dangerous goods for service, and in the course of carriage a danger to other Cargoes or to life and health of people arises, such Cargoes may be destroyed without warning to the Client. The Client shall pay all expenses for destruction of the cargo, as well as compensate the third parties for the damage incurred by them through the fault of the Client.

9.5. The Client guarantees reliability and completeness of the documents presented by the Client and/or the consignor, and also the information on properties of the Cargoes, about conditions of its transportation and other information necessary for performance by the Forwarder and the carrier engaged by it of the duties provided by these Conditions or the Transport order. The Client is obliged to ensure full compliance of the loaded Cargoes with the forwarding documents and information on the Cargoes provided to the Forwarder and/or the carrier engaged by the Forwarder. In case the Client fails to comply with these conditions and if both the Forwarder (carrier) and the controlling bodies discover inconsistency, incompleteness, unreliability of the documents and information about the Cargoes actually loaded in the vehicle provided by the Forwarder, the Client shall compensate to the Forwarder the fines imposed (paid) on the Forwarder or the third person (carrier) engaged by the Forwarder in accordance with the legislation of the country of liability in connection with violation of customs regulations. in addition, the Client shall reimburse other expenses of the Forwarder arising in connection with identified inconsistencies (incompleteness or unreliability of the submitted documents), including payment for the penalty for demurrage arising in connection with provision of unreliable documents or information about the cargo, and also shall pay to the Forwarder a penalty in the amount of 20% of the Forwarder's services agreed upon in the Transport Order.

9.6. Penalties charged by the Carrier to the Forwarder for idle vehicles, failure of the Client or the Shipper to provide the Cargoes for carriage, refusal of the Client or the Shipper to perform the carriage, as well as for other reasons, shall be paid by the Client if the Forwarder is not at fault.

9.7. The Client shall compensate the Forwarder for the cost of damage caused by the fault of the Client to the vehicle, container equipment, involved in the provision of the Services, during loading and unloading operations, as well as in the process of cargo transportation.

9.8. In case of additional mileage of vehicles when transporting full and combined cargo in case of reassignment of the cargo or change of the route by the Client, the Client shall pay the Forwarder 2 (two) euros for each additional kilometer of mileage, unless otherwise agreed by the Parties in the Transport Order.

9.9. In case of failure to load (failure to provide cargo or refusal to load less than 48 (forty-eight) hours before loading), the Client shall reimburse the Forwarder for penalties imposed by the carrier on the Forwarder.

9.10. For excessive demurrage of the vehicle, the Forwarder is entitled to charge a fine from the Client in the amount of:

- 250 (two hundred and fifty) euros for each commenced day of excessive downtime in international road transport;

- 150 (one hundred and fifty) euros for each commenced day of excessive downtime in transportation within one country in the CIS;

- 30 (thirty) euros for each subsequent hour of downtime and 350 (three hundred and fifty) euros for each commenced day of excessive downtime in transportation within one country in the EU.

9.11. If due to the provision by the Client to the Forwarder of unreliable and inaccurate information about the cargo it became necessary to reissue documents for the cargo, draw up new, missing documents for the cargo, to carry out other formalities, the Client shall be financially responsible in the amount of costs, fees associated with the reissue of documents, as well as reimburse the Forwarder fines imposed by third parties, in connection with the detection of such inaccuracies or inaccuracies.

9.12. Claims in connection with violation of the cargo delivery time, which arose during the performance of marine, railway, air transportation of cargo, the Client or a person in whose interests the Client acts (consignor, consignee), presents directly to the carriers of cargo in accordance with applicable law.

9.13. If it has not been agreed in writing in advance in the transport order that the Cargoes must be sent or delivered on a certain date, the Forwarder is not responsible for the start and end dates of organizing the transportation of the Cargoes.

9.14. The Forwarder has the right to charge a penalty in the amount of 0.5 (zero five) % of the overdue amount for each day of delay for the entire period of the delay.

9.15. The Forwarder is not liable for any loss of income, lost profits or other consequential losses of the Client.

 

10. GENERAL CONDITIONS FOR INTERMODAL TRANSPORTATION

10.1. Due to the specific nature of intermodal/multimodal shipments the pre-aviso time should constitute at least 10 (ten) days prior to the actual start of shipments. The pre-aviso time may be changed to the lesser period only if agreed on, accepted and confirmed by the Forwarder

10.2. The Forwarder declares that he does not have his own transport and that he provides the Services with the use of subcontractors. The Forwarder does not perform transportations directly and cannot be treated as the performing carrier. The Forwarder shall in no way be liable for any delay in delivering the Client’s Cargo or damage caused by the actions of performing carrier. The Forwarder provides the Client with daily information about the actual location of the cargo and the expected dates of arrival and departure received from the carrier.

10.3. The Forwarder declares that all dates specified in the General Conditions and the Transport Order are of estimated nature. The Forwarder is not liable for their breach.

10.4. Containers, which are returned after unloading, must be clean and in the same condition as before shipment. All possible costs for cleaning or repairing of the containers incurred by the Forwarder must be compensated by the Client within 5 (five) days after the receipt of the corresponding written request.

10.5. The Client shall be liable to the Forwarder for all loss or damage, costs, expenses and official charges resulting from the Client's inaccurate or incomplete information or instructions or the handing over by the Client or any person acting on his behalf to the Forwarder, or to any other person to whom the Forwarder may become liable, of Cargo having caused death or personal injury, damage to property, environmental damage or any other type of loss.

 

11. FORCE MAJOR

11.1. "Force Majeure" means an event or circumstance that makes it impossible or extremely difficult (so much so that it is unreasonable to require the debtor to attempt to overcome such obstacle in view of its capabilities, costs and risks) for a party to perform one or more of its obligations under the Transport Order. In this case, the party for which it has become impossible or extremely difficult to fulfil its obligations under the Transport Order must prove:

a) that such an obstacle is beyond her reasonable control; and

b) that it could not have been reasonably foreseen at the time the Transport Order was entered into for execution; and

c) that the party could not reasonably have avoided or overcome the effects of the obstacle.

11.2. If a party fails to perform one or more obligations due to the failure of a third party engaged by it to perform all or part of the Transport Order, that party may invoke force majeure only to the extent that the requirements of paragraph 11.1. of these Terms and Conditions apply to both the party to the Transport Order and the third party.

11.3. In the absence of evidence to the contrary, the following events affecting a party are presumed to be consistent with conditions (a) and (b) of paragraph 11.1. of these Terms and Conditions:

a) war (declared or not), hostilities, invasion, act of foreign enemies, extensive military mobilization;

b) civil war, riot, insurrection and revolution, military or other illegal seizure of power, rebellion, act of terrorism, sabotage or piracy;

c) currency and trade restrictions, embargoes, sanctions;

d) lawful or unlawful act of authority, compliance with any law or state decree, expropriation, confiscation, requisition, nationalization;

e) epizootic, epidemic, pandemic, natural disaster or extreme natural phenomenon;

f) explosion, fire, destruction of equipment, long-term failure of transport, telecommunications, information system or energy resources;

g) general breaches of the employment relationship, such as boycotts, strikes and lockouts, deliberate work stoppages (go-slow, Italian strike), seizure of factories and premises.

The party for whom the impossibility or extreme difficulty of performance has arisen only has to prove that condition (c) of clause 11.1. of these conditions has been met.

11.4. The party for which it is impossible or extremely difficult to perform the obligations must immediately notify the other party of this event. In the event of late notification, the party must compensate the other party for any losses incurred as a result of the late notification, unless the obstacle is a matter of common knowledge.

11.5. The party that has successfully enforced this Article of the Terms shall be released from liability for violation of these Terms or the Transport Order from the moment the impediment has made it impossible or extremely difficult to perform.

11.6. If the impediment is permanent, the Transport Order shall automatically terminate as soon as the permanent impediment occurs. If the impediment is temporary, the obligation shall not be terminated. However, the creditor shall be entitled to withdraw from the transport order if he loses interest in the performance due to a delay caused by the occurrence of an obstacle or if such a delay will obviously occur in the future. The debtor is entitled to withdraw from the transport order, if the impediment lasts for more than 30 days.

 

12. PERSONAL DATA

12.1. In the course of performance of the Transport order the Forwarder collects, uses and processes the personal data of employees of the Client and other representatives of the Client. The Forwarder may transfer this personal data to third parties, including those outside the European Union, provided that these third parties comply with the rules of security and confidentiality in the processing of such data. For more information, see the relevant policies available at https://asstra.com/privacy-policy and https://asstra.com/privacy-policy-asstra-tracktrace-visibility/.

12.2. By submitting the Transport Order, the Client gives their consent to the collection, use, processing and transfer of personal data of their employees and other representatives. The Client confirms that he has received written consent from his employees and other representatives for the collection, use, processing and transfer of their personal data.

 

13. APPLICABLE LAW

13.1. The terms and conditions and related documents shall be interpreted and governed in accordance with the substantive international instruments applicable to the parties' relations, and, to the extent not governed by such instruments, in accordance with Swiss law.

 

14. VALIDITY

14.1. In the event that one or more of the provisions contained in these Terms is declared invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained in these Terms shall not be affected or impaired, and in such event the Parties undertake to achieve replacement of the invalid provision by a new, valid and legal provision.

 

15. VIOLATION AND TERMINATION

15.1. In case of violation by the Client of any guarantee or obligation established by these Conditions, if the violation can be eliminated without prejudice to other rights and remedies of the Forwarder, the Client shall immediately re-perform the affected part of the Services without any additional charges from the Forwarder and immediately eliminate the violation. The time for elimination of the breach may not exceed seven (7) calendar days from the date of receipt of notice of the breach from the Forwarder. If the breach cannot be remedied within the seven (7) day period, the Client shall be liable for all resulting defects, losses or damages and shall indemnify the Forwarder in accordance with the provisions of these Conditions.

15.2. The Client is liable for violation of the provisions of these Terms and Conditions. In the event of any such breach, the Forwarder shall be entitled to terminate the Transport Order by notice in writing to the Client with immediate effect, and/or the Forwarder reserves the right to provide any Services until such breach or non-compliance is remedied or remedied by the Client.

15.3. Any additional expenses incurred by the Forwarder as a result of failure or inability of the Client to perform the Transport Order or these Conditions shall be reimbursed by the Client in accordance with the provisions of these Conditions.

 

16. DISPUTE RESOLUTION

16.1. All disputes, disagreements or claims arising out of or in connection with the performance of the Transport Order shall be settled by negotiation and/or claim procedure. If the parties fail to reach an agreement, the dispute shall be resolved in the court at the location of the defendant.

16.2. The parties shall establish a mandatory pre-trial dispute resolution procedure. The deadline for responding to a written claim is 30 (thirty) calendar days from the date of its receipt. If the claimant fails to receive a response within the specified period, the claim shall be deemed to be accepted by the recipient in full without reservation. The deadline for payment of the claim amounts is not more than seven (7) calendar days from the date of recognition of the claim.