GENERAL CONDITIONS OF SHIPMENT
Art. 1 – Object of the contract of shipment
1.1. With the contract of shipment, the principal gives the forwarding agent a mandate to conclude transport contracts, on his behalf, for the delivery of the goods, as per Loading Mandate, which he will upload in his personal area within the web portal of Flight Duemila srl, using the information provided by the forwarding agent.
1.2. The Acceptance of the order by the forwarding agent may be expressed either to begin the order or for the optional operations.
1.3.Unless otherwise agreed upon in writing, the mandate is conferred without representation.
PACKAGING FOR FOOD
Here are some suggestions on how to package goods in a box.
1.4. The forwarder may, at his own discretion, when necessary and in the sole interest of the principal, proceed with his own or other means of transport pursuant to Art. 1741 of the Civil Code (forwarding carrier).
1.5. The performance of customs clearance and other operations, such as the collection of the goods, delivery to the carrier, storage at warehouses and packing, does not require the shipper’s obligation of carriage, as per Art. 1737 of the Civil Code.
Art. 2 – Loading Warrant
2.1 The Loading Mandate shall contain the name or personal data of the principal, the quantity, quality, weight, size and type of the goods, the place of loading and destination, the days scheduled for loading and the deadline for delivery, the name of the consignee, the mode of transport in accordance with the Service Information and any other information useful to the forwarder to execute the contract of carriage.
2.2. Any delivery term shall be compatible with the requested mode of transport and in compliance with traffic regulations. In any case, unless expressly agreed in writing between the parties, the delivery period shall not be considered essential.
2.3. Unless a different service option is clearly mentioned in the Air Waybill or any other transport document, contracts of carriage will be concluded by Flight Duemila srl with the Express service (if available for the selected destination) and all applicable charges will be calculated accordingly.
2.4. The forwarder may refuse the order or withdraw from it if he is unable to perform it due to inaccurate or incomplete information.
Art. 3 – Limitations of the Service
3.1. Packages shall comply with the following restrictions:
I) The value of each parcel may not exceed the amount in local currency of USD 50,000. In addition, the value of jewellery or watches in each parcel, excluding costume jewellery and costume watches, may not exceed the local currency amount of USD 500.
(II) Packages shall not contain the prohibited articles listed in the Service Information, including articles of exceptional value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities, firearms and dangerous goods.
(III) Packages may not contain goods that may endanger human or animal life, damage the means of transport, damage or contaminate other goods of the forwarder or whose carriage, import or export is prohibited by applicable law.
(IV) Packages shall not contain goods that require a temperature-controlled transport.
3.2 Forwarding perishable goods shall take place at the risk of the principal. The forwarder shall not provide any special treatment for such parcels.
3.3. If a parcel does not comply with the above requirements and restrictions, the forwarder may refuse the order or withdraw from it without penalty. If the carriage is already in progress, he may suspend the carriage and keep the package or consignment until the instructions from the principal.
3.4. The Customer shall reimburse the forwarder for any costs and cost (including storage costs), losses, taxes and customs duties incurred as a result of a package not complying with the conditions, declarations and limitations set forth in this Article.
3.5 If the shipment does not comply with the restrictions or conditions set forth in this Article, the forwarder shall not be liable for any loss of the principal in connection with the carriage by the carrier, even if the non-conformity has caused the loss and irrespective of any fault, excluding wilful misconduct, on the part of the forwarder or its employees, subcontractors or agents.
3.6 The forwarder reserves the right to open, inspect and x-ray any parcel at any time.
Art. 4 – Obligations of the Principal
4.1. The Principal warrants that all packages delivered comply with the restrictions referred to in Art. 3.1 above and have been prepared in secure locations, and that until they are taken over by the forwarder or the carrier, the packages have not been used by unauthorised third parties.
4.2. The principal, unless otherwise agreed in writing, undertakes to provide the forwarder for each individual shipment with all information necessary to fulfil the mandate as per Art. 1 and not to issue any order that may in any way result in the violation of national or international regulations.
4.3. Unless otherwise agreed in writing form, packing, stowing, bundling and lashing of the goods shall be the sole responsibility of the principal.
4.4. The Customer shall ensure that all parcels contain the identification data of the place of collection of the goods and the consignee, that they are packaged, labelled, described and classified in terms of content and with the necessary documentation to make them suitable for transport, and that they comply with the requirements set out in the Service Information. He warrants that the documentation of the goods complies with the regulations in force and of free export/import, is authentic, complete and free of irregularities, corresponds to the type described and complies with the marking and labelling.
4.5. The principal shall provide the forwarder with all information, data, customs codes, heading and customs classification of the goods and all documents required for the custom operations, as well as with an advance payment of any taxes to be paid.
Art. 5 – Obligations of the Freight Forwarder
5.1. The Freight Forwarder shall undertake to perform the assignment in accordance with the instructions received from the Principal and with the “diligence of a good family man”.
5.2. Unless expressly instructed by the Principal and without prejudice to the obligation to inform, the Freight Forwarder shall be entitled to execute the assignment with the necessary discretion, and to dispatch the goods together with other goods, and as Freight Forwarder he may do all operations for the execution of the contract.
5.3. The forwarder, concluding contracts of carriage, shall not make any alteration to the liability of the carrier as established by the national and international regulations according to the type of carriage, unless otherwise agreed in writing.
5.4. The forwarder, unless otherwise agreed in writing form, shall have no obligation to insure the goods of carriage.
5.5. The forwarder shall not be obliged to weight the goods unless requested in writing form by the principal, unless the weight is compulsory under the provisions in force.
5.6. The forwarder undertakes for the whole duration of the order to keep the principal constantly informed, by means of written communication, of any significant developments or innovations in the execution of the order as referred to in Art. 1 and of the carriage. The forwarder undertakes to promptly notify the principal of any impediments to the proper continuation of the carriage by the carrier.
5.7. The forwarder has no obligation to keep the goods in safekeeping, unless otherwise agreed.
5.8. In case of international transports, the forwarder shall commission carriers in good standing with the certifications and authorisations required by law to carry out customs clearance.
Art. 6 – Remuneration
6.1. The remuneration for the order, unless otherwise agreed, is equal to what is set out in the price list sent to the principal plus the fuel surcharge and the sums referred to in Art. 6.2 and 6.3. The fuel surcharge is periodically calculated by the shipper considering the changes of the price of fuel on the market and is periodically updated on the Flight Duemila srl website on the page “info – Fuel surcharge”.
6.2. The Principal owes the forwarder reimbursement of the amounts for services necessary to perform the order, such as expenses, costs and charges for stopovers, delayed or non-delivery of the goods by the consignee, delayed or non-delivery of the goods by the Principal, delivery outside the area, special handling and any surcharges charged by the carrier. The special handling surcharge is calculated for heavy, very bulky shipments, shipments of non-standard shape, and when they exceed standard dimensions (euro pallets), unstable or improperly packed loads, which could damage persons or property during transport or handling, or when they require special handling to be delivered on time and in perfect condition.
A charge is also made for pallets that do not allow other goods to be placed on top of them (so-called pyramid pallets), which by their shape require additional work and inefficient space management, and with the words “FRAGILE”, “DO NOT OVERWRAP”.
6.3. Higher transport costs and higher remuneration due to differences in weight or dimensions found by the carrier or forwarder in comparison with the principal’s declaration are also due to the forwarder.
6.4. Estimates of the total cost of shipment are prepared on the basis of quotations received from the carriers or of the standard prices identified by the latter in their price lists. The total price thus estimated may vary in consideration of the particularities of the transport, marine weather conditions, problems relating to the import and export of the goods, or for other causes that may occur in international traffic.
6.5. Remuneration, if not paid prior to dispatch, shall be paid to the forwarding agent by the agreed due date and, failing an agreement, by bank receipt 30 days at the end of the month.
6.6. The established rates are calculated only for the shipment of parcels whose value, in local currency, does not exceed 50,000 USD per parcel.
6.7. The principal authorises the forwarder to retain any sums collected on behalf of the principal as compensation until the balance of the claims against the principal.
6.8. If the consignee refuses the delivery, the carrier suspends or interrupts carriage, returns a parcel or shipment, the principal shall nevertheless be liable to pay remuneration.
6.9. The principal shall reimburse the forwarder for any taxes, customs duties or other fees and taxes that the forwarder has to pay on behalf of the principal, the consignee or third parties (third-party billing), if the forwarder fails to recover these amounts from the respective party by a simple notice of default.
Art. 7 – Right of Retention
7.1. The forwarder may retain the goods at the principal’s premises until full payment is made by the principal or a third party. The forwarder may store the goods in any location, even in the open and in an unprotected place, with all risks being borne by the principal.
7.2. The forwarder may sell the goods at the debtor’s expense in accordance with the law, retaining from the proceeds the amount due to him and without prejudice to his right of action against the debtor for any difference.
Art. 8 – Solve et repete clause
Payment of remuneration and all supplements as provided for in Art. 6 shall not be suspended or delayed by claims or exceptions of the principal.
Art. 9 – Liability
9.1. The forwarder shall not be liable for incomplete, incorrect or inaccurate information and declarations provided by the principal.
9.2. The Principal is responsible for the correctness and accuracy of the data entered in the Waybill and the Loading Manifest.
9.3. The forwarder is not liable for damages to the goods due to lack of, insufficient or inadequate packaging.
9.4. The principal shall be liable for all damages of the forwarder due to lack of, insufficient or inadequate packaging, incomplete, incorrect or inaccurate information, and shall hold the forwarder harmless from all claims of third parties.
9.5. If circumstances so require, the forwarder is hereby authorised by the principal to refuse, deposit or otherwise dispose of the goods, or even, in the event of danger or abandonment, to destroy them at the risk, cost and expense of the principal.
9.6. The forwarder is not liable for the performance of the carriage, but only for the performance of the forwarding mandate received. In particular, he shall not be liable for damage to or loss of the goods carried by the carrier or for any other obligation arising out of the contract of carriage concluded on behalf of the principal.
9.7. Damages due to loss, wrong delivery, or damage shall be reported to the forwarder in writing immediately, but no later than three days after delivery, so that the forwarder can take appropriate action.
9.8. The forwarder shall be entitled to assign to the principal all rights arising out of contracts made on its behalf, and the principal shall act on its own behalf towards the carrier.
Art. 10 – Limits of liability and calculation of damages
10.1. If the forwarder makes contracts of carriage referred to in Art. 1 in breach of the instructions set out in the Loading Mandate, he shall be liable to the principal for negligence, and compensation for damages shall be determined by agreement between the parties within the following limits:
– € 1.00 per kg gross weight of goods for national shipments;
– 8.33 D.S.P. (Special Drawing Rights) per gross Kg of the goods for international shipments.
10.2. Pursuant to Art. 1.4, the liability of the forwarder is governed and limited by the rules laid down in the Warsaw Convention as amended by the Montreal Convention for international carriage by air, the CMR Convention for international carriage by road and Art. 1696 para. 2 of the Civil Code for domestic carriage.
If these regulations are not applicable, Flight Duemila srl will be liable solely and exclusively for gross negligence and compensation for damages will be payable, depending on the country in which the shipment is delivered to Flight Duemila srl for carriage, subject to the following limits:
– € 1.00 per kg gross weight of goods for national shipments;
– 8.33 D.S.P. (Special Drawing Rights) per gross Kg of the goods for international shipments.
10.3 Higher limits of liability in favour of the principal may be agreed in writing form between the parties with the price supplements set out in the Service Information. However, the value of the goods shall not exceed the limits specified in Section 3.1(i).
10.4. In any case, compensation payable by Flight Duemila srl under this Article shall in no way include damages for loss of profit, costs due to the use of alternative means of transport, loss of profits or business opportunities.
Art. 11 – Unforeseeable Events and Force Majeure
The Freight Forwarder shall not be liable for breach of contract due to fire, flood, strike, labour unrest, insurrection, state of war or similar acts, natural elements, embargo, impossible climatic conditions, acts of the Administration of a State or of the Customs, or any cause beyond its reasonable control and not attributable to it.
Art. 12 – Customs clearance
12.1. In case of international transport, customs clearance will be carried out by the carrier appointed by the forwarder.
12.2. The carrier commissioned by the forwarder shall comply with the certifications and authorisations required by law to perform customs clearance operations.
12.3. In case of a DDP (Delivery Duty Paid) shipment, the forwarder for the purpose of clearing incoming goods may advance freight, taxes or penalties in accordance with the applicable rules and laws (Customs Charges) to the principal, without prejudice to the right of reimbursement in accordance with Art. 6.9.
Art. 13 – Cash on Delivery (C.O.D.)
13.1. In case of a C.O.D. shipment, the forwarder shall collect the C.O.D. amounts indicated in the cargo order and the waybill on behalf of the principal.
13.2. The C.O.D. amounts must be indicated in EUR or in the currency of the country of destination. Otherwise, conversion shall be made at a rate reasonably determined by the forwarder. The principal releases the forwarder from any liability for exchange rate risk.
13.3. If the principal authorises the forwarder to collect cash, the forwarder shall collect cash only in the currency of the country of destination. If no indication is given, the forwarder may accept payment in cash or by cheque on behalf of the principal.
13.4. Cheques shall be in EUR or in the currency of the country of destination. The forwarder is not obliged to verify either the coverage or the regularity or validity of the cheque and is not liable for dishonest or fraudulent acts of the consignee including the presentation of false cheques.
13.5. In case of cash, the forwarder shall pay the principal the sum in EUR by transfer to the bank account communicated by the principal.
13.6. Any cheques of the principal, issued by the forwarder or the consignee and collected by the forwarder, may be sent to the principal by regular mail at his or her risk or delivered by hand to the principal or to any person who appears to be authorised to do so.
13.7. In the event of non-receipt of the cashed amounts, the principal shall notify the forwarder in writing form no later than 45 days after the date of payment.
13.8. The forwarder shall not be liable for any damage suffered by the principal due to non-delivery of the goods as a result of the consignee’s refusal to pay the cash-on-delivery sum. The Principal undertakes to indemnify the forwarder against any compensation claimed by the consignee or third parties for non-delivery.
13.9. The Customer shall be liable for damages suffered by the forwarder and for the costs incurred due to non-delivery of the goods due to the refusal of the recipient to pay the cash-on-delivery sum.
13.10. The C.O.D. amount shall not be considered as the declared value of the goods and shall not affect the calculation of the compensation due by the forwarder as regulated in Art. 10.
13.11. The forwarder shall not be liable for the loss of the C.O.D. payment in the event of theft or robbery, but shall notify the competent authorities and provide a copy to the principal and the consignee for cancellation of the title.
Art. 14 – Delivery to the Consignee
14.1. If the forwarder is also a carrier within the meaning of Art. 1741 of the Civil Code, he will deliver the goods to the Air Waybill address or to a person indicated by the addressee (e.g. persons residing in the same building or neighbours).
14.2. Receipts in electronic form are valid proof of delivery, except where mandatory national provisions provide otherwise.
15 – Amendments
Amendments to these general conditions must be agreed in writing form between the parties on penalty of nullity.
16 – Applicable Law
The Italian law shall applied to the contract.
17 – Jurisdiction
Any dispute concerning the validity, interpretation, execution and termination of the contract shall be the exclusive competence of the Court of Verona.