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General Conditions



                                              - in force as pe January 1st, 2013

(updated on 01.01.2016)



1.1. The general conditions hereby settle the general juridical frame of the business relationship between Senior Forwarding SRL (as freight forwarding company) and each of its partners, furthermore named either "Shipper" (Beneficiary or Principal) or "Provider" (Carrier or Commissionair), by specific case, being included by reference in the applicable contract. Senior Forwarding SRL might be either Shipper or Provider, depending on its quality in the business relationship with its contract partner. The notion „Carrier” is equivalent with „Transporter” or „Haulier” in all the documents.


1.2. Unless otherwise was agreed by contract, the expressions "working days" and "working hours", mentioned in these general conditions as well as within the specific contracts, have a limited meaning to the period between 8:00 and 16:00 hours (local time of the transport place), weekends and legal holidays excepted. In all other cases, the expression "days" has a calendar meaning and "hours" is related to the whole calendar day period. The syntagm “Services” includes supplying transport and related (handling, storage, customs formalities etc.) services, as well.


1.3. FIATA Model Rules for Freight Forwarding Services are applicable as far as they are not in conflict with these general conditions and any other terms, conditions or specific applicable provisos, on the grounds of the law or contract. The provisos of the Romanian Civil Code, those of the conventions and accords related to the road freight forwarding (CMR Convention, TIR Convention, AETR, ADR etc.) as well as those of other related regulations, prevail against any opposite action or clauses and shall apply in addition to these general conditions and on the whole contract.


2.1. The Shipper's (Beneficiary or Principal) main obligations are as follows:  

a) shall issue complete loading-orders containing clear instructions, watching effective and efficient loading of the trucks, prompt fulfilling the customs formalities as well as avoiding or reducing the waiting time at loading place, in transit and at destination;
b) shall not load goods and their packaging that are not complying with the description, nature and number of colli, weight or dimensions mentioned in the contract;
c) shall take care about the proper packaging of the goods in order to avoid their damaging during the transport or while loading and/or unloading procedure;
d) shall hand over all necessary and complete documents to the provider in order to avoid any problems during the transport as well as the export/ transit/ import customs formalities, by specific case;
e) shall pay, on basis of supporting documents, all the costs related to the cargo (customs formalities, fees etc.) that are not included in the freight rate, if these costs were prior accepted by the shipper;
f) shall pay the freight rate according to the time frame and terms of the contract.

2.2. The Provider's (Carrier or Commissionair) main obligations are as follows:

a) shall supply vehicles with sealing possibility, able to load from technical, equipment, payload and documents point of view; at the shipper’s request, he must show all the freight documents in accordance with the legislation in force;
b)when the cargo is hazardous, shall take care about the ADR equipment according to the ADR class and cipher indicated by the shipper, as well as all the other conditions required by the ADR regulation; 
c) shall comply with all the instructions mentioned in the contract regarding to the loading and unloading addresses, customs formalities, route, cargo (number of packages, gross weight, kind of commodity, packaging etc.) and the conditions of its transportation, handling or storage, as well as the loading and delivery timetable, the necessary equipment and documents required, access rules at the loading/ unloading places etc.;
d) shall oversee the loading procedure as well as the stowage and securing the cargo on the truck, shall safely transport and deliver the goods and their packaging to the destination, without loss or damage; the handling and securing the cargo inside the vehicle is the provider’s responsibility;
e) shall inform the shipper immediately, before running the transport, on any reserve or remark regarding ant contradiction between the freight documents (CMR consignment note, supporting documents etc.) and the instructions mentioned in the loading order, about handling, packaging and stowing the cargo on the truck as well as the visible shape of the cargo;
f) shall inform the shipper immediately (in the moment of happening) on any situation that may lead to delay the shipment or the delivery well as on any loss or damage of the cargo at the delivery to the consignee;
g) shall take care about the necessary freight documents as well as their proper filling in and handling: route order, CMR consignment note, documents accompanying the goods (waybill, minutes of handover etc.) TIR Carnet or T-1, road permits and valid transport license etc., by specific case, as well as valid freight insurance for the carrier's liability for the total value of the transported goods covering minimum €100000 at abroad freight and €50000 at domestic freight, for each vehicle;
h) shall reject loading or transporting the goods that are out of the contract and shall not transship the goods onto other vehicles, unless the shipper prior accepted in written;
i) shall not have quarrel neither with the shipper nor its clients, shall not ask them for money, fuel or other facilities; the provider and its drivers shall have decent clothes and behavior at the loading or unloading places, during the transport, as well as with the shipper;
j) shall issue its invoice complying with the legal regulation and with the clauses of the contract, without any deleting or modification, by correctly and completely filling in all mandatory information (including number and date of the contract and loading order);
k) shall deliver to the shipper, within the timeframe mentioned in the contract, the services invoice and supporting documents (confirmed by the consignee with singature and stamp) required by legislation in force and/or by the contract.


2.3. In order to carry out the subject and obligations stipulated by contract, both parties are allowed to use subcontractors, unless otherwise is stipulated in the contract, but without transferring their mutual liability. Within the contractual relationship between the shipper and the provider, the rights, the obligations and the liability of the consignee are assumed by the shipper and within the relationship between the principal/shipper and the commissionair/freight forwarding agent, the last one is responsible in front of the first one for the fulfilling of its subcontractor’s obligations.


3.1. The agreed price mentioned in the contract is for the whole rated capacity (pay-load) of the truck, unless otherwise was agreed within the contract. Loading or transporting by the carrier of some goods not mentioned within the contract and without prior written acceptance of the shipper, shall entail the reduction of the freight price proportional to the quantity of the unaccepted goods. This doesn't exclude penalties for breaking the carrier's obligations.


3.2. The invoices containing the freight price and/or other debts (damages, penalties etc.) generated by carrying out the contract must be paid according to the contract terms provided that they comply with the legal and contract provisos and if their issuer fulfilled the contract without breaking any clause. The damages and penalties of any kind, including the value of the lost or damaged goods and its packaging, shall be paid before the due limit of the freight price or within 5 days after receiving the invoice/notification. The debtor shall be late by law when the agreed due time to fulfil the contract duties passed.


3.3. The replacement value of the lost or damaged goods and its packaging is, depending the case, the market price or the value mentioned in the accompanying documents plus minimum 10% loss of benefit. The replacement value of the lost or damaged pallets is 30 RON/piece, at least.


3.4. If the price of services and/or other amounts are agreed in foreign currency by contract, the applicable exchange rate when issuing the invoice, as well as for the payment, shall be according to the Romanian fiscal legislation, i.e. the BNR (National Bank of Romania) exchange rate valid for the date of delivery the goods at destination. The payment of debts may be done in foreign or local currency, depending on the payer's possibility.


4.1. Unless otherwise was agreed by contract, the provider shall not be penalized for the late arrival at loading place or destination (either customs office or warehouse) as well as for delay in transit by its own fault, providing he fulfilled cumulatively the following conditions: the shipper shall be beforehand notified on the late arrival at loading place/ destination or immediately when waiting time occur in transit, and the duration of the delay shall not exceed the free of charge waiting time agreed by contract. 


4.2. If the shipper is responsible for the waiting time of the vehicle, he shall not be penalized if he acted to solve the problem immediately after he was informed by the provider about the existence and reason of the waiting time having the same free of penalty conditions and terms like the provider, counted as per the moment when the shipper took notice of the waiting time but not before the date and time mentioned in the contract.


4.3.The vehicle is considered fit for loading only if it is able from technical, equipment, payload and documents point of view. If the vehicle is not fit to load, the shipper has the right to refuse its loading and, in this case, it is considered provider's unilateral cancellation without notification incurring its liability for compensation to the shipper.


4.4. The provider is responsible for any damage caused by its fault to the loading/unloading places.


4.5. Force majeure, in its law meaning, exonerates the parties of liability if it shall be invoked within 24 hours from the time of happening. The party who invokes the force majeure must provide the necessary proofs within 7 days from the invoking date.


5.1. Unless otherwise was agreed by contract, both the contract and the loading-order, as well as their further ammendments and/or addendum, can be sent by all means (post, fax or e-mail) being considered valid contract if they include all necessary information for carrying out the service and if they are accepted in written.


5.2.The contract or the loading-order shall be valid after the final ammendment was accepted providing a valid transport or forwarding licence (as the case, under a legal prerequisite) and the active tax payer nature of the parties was proved. The contracting party that is registered in the List of the inactive tax payers published by ANAF (National Agency for Fiscal Administration) or that cannot prove the existence of valid transport/ forwarding license for the period that accepted the loading-order, owes compensation to the other party at least the same amount as the price of the service.


5.3. The termination of the contract without any notice can be done when the contract validity expired or in any moment when both parties agree with. The contract can also cease 30 days after any of the contracting parties notified its cancellation. The parties must pay all the debts to each other, no matter the way of the termination.