GENERAL BUSINESS CONDITIONS (GBC)
- in force as pe January 1st, 2013
(updated on 01.01.2016)
1. GENERAL TERMS
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. OBLIGATIONS OF THE PARTIES
2.1. The Shipper's (Beneficiary or Principal) main obligations are as follows:
2.2. The Provider's (Carrier or Commissionair) main obligations are as follows:
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. FREIGHT PRICE AND PAYMENT CONDITIONS
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. LIABILITY
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. CONTRACT - VALIDITY AND TERMINATION
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.
