TERMS AND CONDITIONS OF CARRIAGE AND OTHER SERVICES
THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of carriage and of other services is with the NF SPAIN S.L. company or the subsidiary or affiliate of NF SPAIN S.L. that accepts from you the shipment for carriage or, as the case may be, the performance of other services. You agree that we may subcontract the whole or any part of the contract of carriage or of other services on any terms and conditions we decide.
ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your shipment you accept our terms and conditions set out in the consignment note and/or the contract of carriage and/or the contract for the performance of other services on behalf of yourself and/or anyone else who has an interest in the shipment or the performance of other services irrespective of whether you have signed the front of our consignment note or not. Our terms and conditions also cover and can be invoked by anyone we use or sub-contract to collect, transport, deliver your shipment or perform other services as well as our employees, directors and agents.
SCOPE OF THE CONTRACT
Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.
By concluding any type of contract with us that involves the carriage of goods you agree that:
• the contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road;
• the contract is a contract of carriage of goods by sea or air if the carriage of the shipment actually takes place by sea or air;
DANGEROUS GOODS & SECURITY
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods), any applicable government department or other relevant organisation;
it contains counterfeit goods, animals, bullion, currency, banderols/tax stickers, bearer form negotiable instruments, precious metals and stones; real or imitation firearms, parts thereof, weapons, explosives and ammunition; human remains, pornography or illegal narcotics/drugs),
it contains any other item which NF SPAIN S.L. decides cannot be carried safely or legally, or its packaging is defective or inadequate.
You assume responsibility for and guarantee compliance with all applicable export controls laws, including but not limited to regulations and rules that prohibit unauthorised trade in military and other strategic goods and services with, as well as financial or commercial dealings with named individuals and entities in countries to, from, through or over which your shipment may be carried, or regulations and rules that impose conditions under which certain technologies, information, and commodities can be transported to, from, through or over any country which your shipment may be carried.
You also guarantee that you will not tender any shipment to us if you or any of the parties involved in the shipment are listed on any of the United Nations sanctions programmes, regional and national programmes implementing and/or supplementing those, as well as parties listed on autonomous measures regulations.
You agree to identify shipments subject to pre-export regulatory controls, and provide us with information and all necessary documentation to comply with applicable regulations.
You are responsible at your expense for determining export and import licensing or permitting requirements for a shipment, obtaining any required licenses and permits, and ensuring that the consignee is authorised by the laws of the origin, destination countries and any country(s) asserting jurisdiction over the goods.
We assume no liability to you or to any other person for your acts of non-compliance with export control laws, sanctions, restrictive measures and embargoes.
RIGHT OF INSPECTION
You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time, in that case the extra-charges that will be, will be by your account.
You appoint us as your agent solely for the purpose of clearing and entering the shipment through customs. If we subcontract this work, you certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense.
You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.
Any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver’s failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.
We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.
INCORRECT ADDRESSES OR DETAILS IN BL
You have 48 hours after vessel departure to provide any amend in the BL without penalty.
After that time we will charge you 60 euros x amended.
DELIVERY OF YOUR SHIPMENT
Your shipment will arrive at port of destination.
All expences involved at destination will be by your account.
We deeply recommend to avoid delays at destination or exactly know the expences you will have to pay contact with an agent at destination and ask for documents, and expences you have to pay at arrival of the cargo.
We can recommend you agents at your destination port.
You warrant, represent and guarantee to us that:
. the contents of the shipment (including but not limited to weight and number of items) have been properly described on our consignment note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen by us;
the consignee’s contact details have been fully, accurately and legibly entered on our consignment note and on an address label securely fixed by you to a prominent position on the outer surface of the shipment that can be clearly seen by us;
the contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
you have declared the correct weight and cbm of the shipment and you will provide any special equipment we may need to load or unload the shipment on or off our vehicles;
you have securely fixed a heavy weight label in a prominent position on the outer surface of the shipment that can clearly be seen by us for any item weighing 30 kilos or more;
the contents of the shipment are not restricted by IATA, ICAO, IMDG or ADR and are not prohibited items, and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under any applicable laws or regulations;
all applicable laws and regulations have been complied with;
you have included in the shipment the correct commercial invoice related to the shipment (mentioning correct “bill to” address with applicable VAT number, correct and clear description of the commodity, and the first 6 digits of the Harmonised System (“HS”) code;
that you have taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or misdelivery of a shipment;
EXTENT OF OUR LIABILITY
Liability for Transportation Services
Subject to Clause 14 below, we limit our liability for any loss, damage or delay of your shipment or any part of it arising from carriage as follows:
If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
If we carry your shipment by road within a country that is not party to the CMR or between two countries neither of which is a party to the CMR, our liability for loss or damage to your shipment shall be deemed to be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
If none of Clauses above apply and we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, wilful act or default, our liability to you for loss, damage, misdelivery or non-delivery of your shipment or the part affected is at all times limited to the lower of the market value of the shipment at the time of carriage or the cost of repairing the shipment or the part affected with in each case an upper limit that does not exceed 17 Euros per kilo limited to a maximum of 10,000 Euros per shipment. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
Liability for Other Services
Subject to Clause 14 below, if we have a liability relating to other services for whatever reason, including without limitation breach of contract, negligence, wilful act or default, our liability to you is at all times limited to 10,000 Euros per event or series of events with one and the same cause of damage or, in case of the loss of or damage to a shipment, to the lower of the market value of the shipment or the cost of repairing the shipment or the part affected with in every case an upper limit that does not exceed 3.40 Euros per kilo with a maximum of 10,000 Euros per event or series of connected events.
14. EXCLUSIONS OF LIABILITY
We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
We are not liable if we do not fulfil any obligations towards you at all as a result of:
circumstances beyond our control such as (but not limited to):
• acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
• force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
• national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
• latent defects or inherent vice in the contents of the shipment;
• criminal acts of third parties such as theft and arson.
Your acts or omissions or those of third parties such as:
• you being in breach of (or any other party claiming an interest in the shipment causing you to breach) your obligations under these terms and conditions and in particular those warranties set out in Clause 12;
• an act or omission of any customs, security, airline, airport or government official.
The contents of the shipment consisting of any article that is a prohibited item even though we may have ccepted the shipment by mistake.
Our refusal to make any illegal payments on your behalf.
We are not a common carrier and do not accept any liabilities of a common carrier.
Valuable goods such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or china, objects of art, antiques and important documents that include passports, tenders, share and option certificates should not be sent through our network delivery system because it involves the use of mechanical handling and automated sortation equipment together with multiple transhipments on and off vehicles which could result in loss and/or damage. If you nevertheless send, or cause us to send, such goods through our network delivery system it shall be at your own risk.
You may purchase insurance from us for the full value of your parcel and freight shipment (non document shipment) by completing the relevant box on the consignment note and paying the indicated charge to cover you against “all risks” of loss and damage during carriage up to a maximum of 25,000 Euros per shipment. Where the value of the shipment is in excess of 25,000 Euros our prior agreement is required before you can purchase such insurance from us. This insurance is not available for precious stones, precious metals, laptop computers, plasma and LCD screens, jewellery, money, glass, china, objects of art, antiques, documents (other than the reconstitution cost as provided for in Clause 17.2 below) or any films, tapes, discs, memory cards or any such other data or image carrying goods. If you do send such goods we recommend that you arrange insurance yourself.
You may purchase insurance from us for the reconstruction, reproducing, reissuing or re-printing cost (including the costs of the materials (e.g. paper) plus reasonable labor costs) of your document shipment by completing the relevant box on the consignment note and paying the indicated charge to cover you against “all risks” of loss and damage during carriage up to a maximum of 500 Euros per shipment. This insurance is only available for documents which are listed on the website of the subsidiary or affiliate or branch of NF SPAIN S.L. that accepts your shipment for carriage.
The insurance options provided by this clausule (i) do not cover losses of a consequential nature (see paragraph 13.1 above) or delays in carriage or where the loss has arisen as a result of your breach of your obligations under these terms and conditions, (ii) are not available for non-carriage services and (iii) are not available for a limited number of countries. For a list of these countries, and/or to obtain further details on the insurance conditions and coverage, please contact our customer service center or visit the website of the subsidiary or affiliate or branch of NF SPAIN S.L. that accepts your shipment for carriage.
CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
If you wish to claim for a lost, damaged or delayed shipment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
1. you must notify us in writing about the loss, damage or delay within 21 days (i) after delivery of the shipment, (ii) from the date the shipment should have been delivered or (iii) from the date you reasonably should have become aware of the loss, damage or delay in the event the claim relates to other services.
2. you must document your claim by sending us all relevant information about the shipment and/or the loss, damage or delay suffered within 21 days of notifying us of your claim.
3. we are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
4. we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
5. save as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 1 year from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 1 year from the date you ought reasonably to have become aware of the loss, damage or delay;
6. in case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;
7. the shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non delivery. We may agree with you in writing to shorten this period.
YOUR INDEMNITY IN RESPECT OF EMPLOYEES
1. You agree to indemnify us against and keep us harmless from all costs, claims, liabilities and demands of any nature arising directly or indirectly from the redundancy selective re-employment or transfer of any of:
1.1. our employees assigned or solely dedicated to the services we provide to you; or
1.1.2. employee or former employee of yours; or
1.1.3. any supplier or former supplier to you; or
1.1.4. any third party
which may in any way arise from the commercial relationship between us and you including but not limited to any liability arising under the European Community Acquired Rights Directive (77/187/EEC, as amended by Directive 2001/23/EC) or national implementing legislation thereof or under any other applicable employment legislation.
LAW AND JURISDICTION
1. In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract all of which remain in force.
2. Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of NF SPAIN S.L. that accepts your shipment for carriage or performs other services is based.