General Conditions of DACHSER Iberia

Transcription

1 General Conditions of DACHSER Iberia 1. LEGISLATION The Law 15/2009 of 11th of November on Contract of Carriage of Goods by Land as well as other in force provisions which complement or implement it shall be applicable to the present conditions in a complementary and subsidiary way. The parties expressly agree to submit to civil/commercial jurisdiction, as stipulated by legislation in force. The use of the offered service implies the acceptance of the present General Conditions by the Customer. 2. PRICES The amount corresponding to a shipment shall be calculated according to its weight and destination, as specified in tables of fees. The amount due shall be in any case higher than the amount corresponding to the preceding section in kilograms. Those customers who do not have a billing code shall pay the amount of 1.50 euro per shipment as pick-up charges. If addressee's address is situated out of the direct destination's* municipal area, a corresponding surcharge shall be applied, as specified in the table of forwarding fees. From 1,000 kg the amount shall be the result of multiplication of weight by the corresponding amount of euros/kg, as specified in the rates. Fuel surcharge: In accordance with binding legal provisions, the prices of transport services are indexed by the official price of diesel fuel published by the European Commission for Energy, which indicates the official price of fuel in each country of the European Union. The following table, revised monthly, may be applied: Spain (except for the Canary Islands) and Portugal: 1

2 From From % % % % % % % % % % % % % % % % % The table shown below shall be applied for customers of the Canary Islands, according to the official price indicated by the Government of the Canary Islands: From From % % % % % % % % % % % % % % % % % * Direct Destination: The municipal area where Dachser Iberia Distribution Centre is located and the province capital. 3. VOLUME The volume of 250 kg/m 3 shall be applied. 4. TAXATION The prices shown in the rates do not include Value Added Tax (VAT) nor other taxes which may be charged on the service. 2

3 5. LIABILITY AND INSURANCE It is Customer's responsibility to ensure that the data concerning transported goods description, name or company name as well as sender's and addressee's address is true and accurate. The goods are carried at the customer's risk. In consequence, the customer shall bear any damage or impairment occurred to the goods during its transport resulting from acts of God, force majeure or inherent defects of the goods, and until its delivery to the addressee. CARRIER'S GENERAL LIABILITY The liability of Dachser Iberia, its employees or representatives as well as carriers, agents and personnel who intervene in rendering the contracted service, due to claims derived from damage or loss of the transported goods shall be limited to the maximum amount specified by the Law 15/2009 of 11th of November on Contract of Carriage of Goods by Land for domestic transport and to the maximum amount specified by the CMR Convention for international transport; the customer may sign a complementary insurance policy covering claims derived from damage or loss of the transported goods up to its declared value. COMPLAINT PERIOD In accordance with the provisions of legislation in force, any complaint due to loss or breakdown of transported goods shall be always raised in writing; the loss or breakdown should be described and the complaint should be made at the moment of delivery of goods to the addressee. An exception shall only be made for situations in which the loss or breakdown is not obvious or clear at the moment of delivery. In such situations complaints should be raised within a maximum time limit of 7 calendar days after the delivery in case of domestic transport, and in case of international transport within a maximum time limit of 7 days as from the date of delivery, Sundays and holidays excluded. In any case and for the purposes of appropriate checks and expert opinions, the packages should be kept available for the carrier, together with their original packaging. A delay shall only give rise to indemnity if reservations have been addressed to the carrier in writing, within the time limit of 21 days counted as from the following day after the delivery of goods to the addressee in domestic transport and as from the moment when the goods were made available for the addressee in international transport. Once the period specified for each case has passed, it shall be assumed that the goods had been delivered properly, unless proven otherwise sufficiently by the claimant. 6. EXCLUDED/RESERVED GOODS Dachser Iberia reserves the right to reject a shipment which does not meet the requirements as regards its conditioning, packaging or identification which make it suitable for carriage. If, despite the rejection, it is insisted to carry out carriage and it is done, Dachser Iberia shall be 3

4 exempt from any liability and this reservation shall be stated in the document accrediting the receipt of goods for transport. Goods longer than 2.40 meters shall be charged a minimum surcharge of 30% of its sale price according to the rates. Machinery and special goods: negotiable surcharge. 7. PICK-UP AND DROP-OFF CONDITIONS The pick-up and/or drop-off of goods shall be carried out at sender's/addressee's address, on ground floor. Any additional means shall be customer's responsibility. A non-delivery due to addressee's absence, their incorrect or incomplete address (the lack of postal code included), rejection of goods, failure to accept payment for service by the addressee in case of postage due or other circumstances beyond Dachser Iberia control shall be the responsibility of the sender and the incurred costs shall be borne by the sender. 8. CASH ON DELIVERY For the Cash On Delivery service a commission of 5% of the amount due shall be collected, being the minimum payment 5.00 euros and the maximum payment euros per shipment. 9. ADDITIONAL SERVICES - Domestic shipments to private residences shall be charged with an additional surcharge of 7.00 euros per shipment. - Should a delivery require an assistant, the zero zone corresponding to a local delivery shall be added to the applicable rate, according to the general rates, with a minimum value of euros. - Additional handling services required by the customer shall be billed at the rate of euros per each created pallet. - Should warehousing be required by any reason not attributable to Dachser Iberia, it shall be billed at the rate of euros per cubic meter as delivery charge, starting from the third day. - Return of hard copy of original customer's delivery note shall be charged 2.00 euros per delivery note. - Digitalisation of customer's delivery note at the destination shall be charged 1.00 euro per delivery note. 10. SHIPMENTS TO THE CANARY ISLANDS All carriage conditions specified as "General Conditions" in the present rates are applicable. In addition the following conditions shall apply: 4

5 1. The amounts of Customs Clearance, General Indirect Canary Islands Tax (IGIC) and other island taxes are not included in the rates. 2. The Canary Islands Customs Clearance as well as the Taxes of the Island Council and other island taxes shall be borne by the addressee and should be paid at the delivery of goods. 3. The costs of Customs Clearance in the Iberian Peninsula shall be borne by the sender, who shall make the following corresponding payment: euros/clearance. 4. Shipments to the Canary Islands shall be insured up to the value declared in the goods invoice. The amount of premium applicable shall be 0.90% of the aforesaid value. 11. SPECIAL CONDITIONS FOR DACHSER IBERIA PREMIUM CANARY ISLANDS SERVICE (BY AIR) 1. Applicable volume 165 kg/m The following goods shall not be accepted: dry ice, radioactive products, gases, liquids, combustible substances, infectious substances, poisons, magnetic or corrosive products, live animals, wild animals furs (CITES), weapons or parts of weapons. 3. The rate for issuing an air waybill is 8.00 euros per shipment. 4. Maximum package dimensions allowed are: 114 x 86 x 160 cm. (length x width x height). 12. DOCUMENTS REQUIRED FOR DESTINATIONS WITH CUSTOMS PROCESSING In order to carry out shipment to the Canary Islands, Andorra, Ceuta, Melilla, Switzerland and Norway the goods need to be accompanied with an export invoice meeting the following terms: COMMERCIAL SHIPMENTS Original commercial invoice and 3 copies (without VAT for shipments to the Canary Islands), signed and stamped, provided with invoice number and the following data: 1. Exporter's data, name, address, TIN and telephone number. 2. Addressee's data, name, address, TIN and telephone number. 3. Detailed description of goods, indicating their unit value and total value; all these shall be expressed in euros. 4. In the case of mixed products their composition should be specified, (for example, in the case of clothing: 50% cotton, 50% polyamide). 5. Terms of sale and method of payment should be specified, for example: confirmed sale and 30-day bill of exchange, etc. 6. Statistical units of goods should be indicated, for example: pairs of shoes, 5

6 number of trousers, etc. 7. Number of packages, net weight and gross weight as well as dimensions of packages. 8. Delivery terms: CIF or FOB. NON-COMMERCIAL SHIPMENTS (NOT FOR SALE) For these shipments it is necessary to attach a signed and stamped document with 3 copies including the same data mentioned in preceding sections and, additionally, the value for statistical or customs purposes. PRIVATE SHIPMENTS A signed declaration indicating the following: 1. Sender's name, address and National Identification Card with a photocopy of National Identification Card attached. 2. Addressee's name, address, National Identification Card and telephone number, with a photocopy of National Identification Card attached. 3. Detailed description of goods and their approximate value for statistical or customs purposes. 6