Welcome at the transport conditions page
of TUEX Experts in ExportGENERAL
In tendering a shipment for carriage, the shipper agrees to these Transport Terms and Conditions of TUEX that no agent or employee or staff of third parties may alter.
The by TUEX prepared bill of lading is NON-NEGOTIABLE and has been prepared by a certified Shipper or on Shipper’s behalf by TUEX.
ARTICLE 1 – DEFINITIONS
1.1 “AGENT” means, except when the context otherwise requires, any person who has authority, express or implied, to act for or on behalf of Carrier in relation to the carriage of cargo.
1.2 “AIR WAYBILL, OCEAN BILL OF LADING, TRAIN BILL OF LADING, TRUCK BILL OF LADING, ETC.” means the documents entitled in such way and made out by or on behalf of the shipper which evidences the contract between the shipper and Carrier for carriage of cargo by or via the Carrier.
1.3 “APPLICABLE CONVENTION” means, unless the context requires otherwise, whichever of the following instruments is applicable to the contract of carriage:
1.3.1 The Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (hereinafter referred to as the Warsaw Convention;
1.3.2 The Warsaw Convention as amended at The Hague on 28 September 1955;
1.3.3 The Warsaw Convention as amended by Additional Protocol No 1 of Montreal 1975;
1.3.4 The Warsaw Convention as amended at The Hague 1955 and by Additional Protocol No 2 of Montreal 1975;
1.3.5 The Warsaw Convention as amended at The Hague 1955 and by Protocol No 4 of Montreal 1975;
1.3.6 The Montreal Convention of 1999.
1.4 “CARGO” (which is equivalent to the term “goods”) means anything carried or to be carried in an vehicle except mail or baggage carried under a passenger ticket and baggage check, but including baggage moving under a Bill of Lading or shipment record.
1.5 “CARRIAGE” (which is equivalent to the term “transportation”) means carriage of cargo by any means of transport, whether gratuitously or for reward.
1.6 “CARRIER” includes the carrier issuing the Bill of Lading or preserving the shipment record and all carriers that carry or undertake to carry the cargo or to perform any other services related to such carriage. As used in this Transport Terms and Conditions of TUEX, “CARRIER” means TUEX and its authorized agents.
1.7 “CHARGES COLLECT” means the charges entered on a Bill of Lading or shipment record for collection from the consignee against delivery of the shipment.
1.8 “CONSIGNEE” means the person whose name appears on a Bill of Lading or shipment record as the party to whom the shipment is to be delivered by Carrier.
1.9 “DAYS” means full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which the notice is dispatched shall not be counted.
1.10 “DELIVERY SERVICE” means the surface carriage of inbound shipments from the port of destination to the address of the consignee or that of his designated agent or to the custody of the appropriate government agency when required, including any incidental extra carriage between ports.
1.11 “PICK UP SERVICE” means the surface carriage of outbound shipments from the point of pick-up at the address of the shipper or that of his designated agent to the port of departure, including any incidental surface carriage between ports.
1.12 “SHIPMENT” (which is equivalent to the term “consignment”) means, except as otherwise provided herein, one or more packages, pieces or bundles of cargo accepted by Carrier from one shipper at one time and at one address, receipted for in one lot and under a single Bill of Lading or a single shipment record, for carriage to one consignee at one destination address.
1.13 “SHIPMENT RECORD” means any record of the contract of carriage preserved by Carrier, evidenced by means other than a Bill of Lading.
1.14 “SHIPPER” (which is equivalent to the term “consignor”) means the person whose name appears on a Bill of Lading or shipment record as the party contracting with Carrier for the carriage of cargo.
1.15 “SPECIAL DRAWING RIGHT” means a Special Drawing Right as defined by the International Monetary Fund.
ARTICLE 2 - APPLICABILITY
2.1 These Conditions shall apply to all carriage of cargo, including all services incidental thereto, performed by or on behalf of Carrier, provided that if such carriage is “international carriage” as defined in the applicable Convention (see Article 1.3) such carriage shall be subject to the provisions of the applicable Convention and to these Conditions to the extent that these Conditions are not inconsistent with the provisions of such Convention.
2.2 To the extent not in conflict with Article 2.1 all carriage and other services performed by Carrier are subject to:
2.2.1 Applicable laws (including national laws implementing a Convention or extending the rules of the applicable Convention to carriage which is not “international carriage” as defined in the applicable Convention) and government regulations, orders and requirements;
2.2.3 These Conditions and other applicable tariffs, rules, regulations and timetables (but not the times of departure and arrival therein specified) of Carrier, which may be inspected at any of its offices and at ports from which it operates regular services.
2.2.4 The Shipper agrees that carriage and other services performed hereunder are subject to these conditions and to the rates, rules, and classifications set forth in the Carrier’s currently effective Rules Tariff, service guide or supplement which are available for inspection and incorporated into this Conditions by reference.
2.3 These Conditions do not apply to carriage between places in the United States or in Canada or between a place in the United States or in Canada and any place outside thereof to which tariffs in force in those countries apply. The tariffs applicable to such carriage are available for inspection at the offices of Carrier.
2.4 With respect to gratuitous carriage, Carrier reserves the right to exclude the application of all or any part of these Conditions.
2.5 With respect to carriage of cargo performed pursuant to a charter agreement with Carrier, such carriage shall be subject to Carrier’s charter tariffs applicable thereto (if any) and these Conditions shall not apply except to the extent provided in said charter tariff. Where Carrier has no charter tariff applicable to such Charter agreement, these Conditions shall apply to such agreement except that Carrier reserves the right to exclude the application of all or any part of these Conditions and, in case of divergence between the applicable provisions of these Conditions and the conditions contained or referred to in the charter agreement, the latter shall prevail and the shipper, by accepting carriage pursuant to a charter agreement, whether or not concluded with the shipper, agrees to be bound by the applicable terms thereof.
2.6 These Conditions and the published rates and charges are subject to change without notice except to the extent otherwise provided by applicable law or government regulations or order; provided however that no such change shall apply to a contract of carriage after the date of issuance of a Bill of Lading by Carrier or after the date the rate or charge for the carriage has been entered in the shipment record.
2.7 All carriage of cargo governed by these Conditions shall be subject to Carrier’s rules, regulations and tariffs in effect on the date of issuance of a Bill of Lading by Carrier or on the date of the shipment record, whichever is applicable, provided that in the event of inconsistency between these Conditions and Carrier’s rules, regulations and tariffs, these Conditions shall prevail.
ARTICLE 3 – ACCEPTABILITY OF GOODS FOR CARRIAGE
3.1.1 Carrier undertakes to transport, subject to the availability of suitable equipment and space, all shipments, unless otherwise excluded by Carrier’s regulations and provided:
3.1.1.1 The transportation, or the exportation or importation, thereof is not prohibited by the laws or regulations of any country to be flown from, to or over;
3.1.1.2 They are packed in a manner suitable for carriage by aircraft, boat, container, truck, courier, train;
3.1.1.3 They are accompanied by the requisite transport and shipping documents;
3.1.1.4 They are not likely to endanger aircraft, boat, container, truck, courier, train, persons or property, or cause annoyance to staff and/or passengers.
3.1.2 Carrier reserves the right without assuming any liability to refuse carriage of cargo when circumstances so require.
3.2 Carrier may refuse carriage of shipments having a declared value for carriage in excess of the amount specified in Carrier’s regulations.
3.3.1 Shipper is responsible for ensuring that the cargo is packed in an appropriate way for carriage so as to ensure that it can be carried safely with ordinary care in handling and so as to not injure or damage any persons, goods or property. Each package shall be legibly and durably marked with the name and full address of the shipper and consignee.
3.3.2 Packages containing valuables as defined in Carrier’s regulations must be sealed if so requested by Carrier, by a method approved by Carrier.
3.4 Dangerous goods, live animals, perishables, fragile goods, human remains, and other special cargo are acceptable only under the conditions set forth in Carrier’s regulations applicable to the carriage of such cargo.
3.5 Responsibility for non-observance of the conditions relating to the carriage of special cargo rests with the shipper, who shall indemnify the Carrier for any loss, damage, delay, liability or penalties Carrier may incur because of carriage of any such cargo.
3.6 Carrier reserves the right to examine the packaging and contents of all shipments and to enquire into the correctness or sufficiency of information or documents tendered in respect of any shipment but Carrier shall be under no obligation to do so, and assumes no liability with regard to such inspection or enquiry.
3.7 When shipper undertakes to load a Unit Load Device (ULD) he must comply with Carrier’s loading instructions and shall be liable for and indemnify Carrier against all consequences of any non-compliance with such instructions.
ARTICLE 4 – DOCUMENTATION
4.1 Unless Carrier agrees otherwise, the shipper shall make out, or have made out on his behalf, a bill of lading in the form, manner and number of copies prescribed by Carrier, and shall delivery such bill of lading to Carrier simultaneously with the acceptance of the cargo by Carrier for carriage. However, charges for carriage and other charges, insofar as they have been ascertained, shall be inserted in the bill of lading by Carrier. Carrier may require the shipper to make out, or have made out on his behalf, separate bills of lading when there is more than one package.
4.2 Carrier, with the express or implied consent of the shipper, may substitute for the delivery of a bill of lading a shipment record to preserve a record of the carriage to be performed. If such shipment record is used Carrier shall, if so requested by the shipper, deliver to the shipper in accordance with Carrier’s regulations a receipt for the cargo permitting identification of the shipment and access, in accordance with Carrier’s regulations, to the information contained in the shipment record.
4.3 If the apparent order and condition of the cargo and/or packing is in any way defective the shipper shall, if a Bill of Lading is delivered, include on a Bill of Lading written statement of such apparent order and condition. If no Bill of Lading is delivered the shipper shall advise Carrier of the apparent order and condition of the cargo, to enable Carrier to insert an appropriate reference thereto in the shipment record. However, if the shipper fails to include such statement in a Bill of Lading or to advise Carrier of the apparent order and condition of the cargo, or if such statement or advice is incorrect, Carrier may include in a Bill of Lading or insert in the shipment record a statement of the apparent order and condition of the cargo, or note a correction thereto, but Carrier is under no obligation to do so.
4.4 Carrier may at the request of the shipper, expressed or implied, make out the Bill of Lading, in which event, subject to proof to the contrary, Carrier shall be deemed to have done so on behalf of the shipper. If the Bill of Lading handed over with the cargo or if the particulars or statements relating to the cargo furnished by or on behalf of the shipper to Carrier for insertion in the shipment record do not contain all the required particulars, or if the Bill of Lading or such particulars or statements contain any error, Carrier is authorized to complete or correct the Bill of Lading or particulars or statements to the best of Carrier’s ability without being under any obligation to do so.
4.5 The shipper is responsible for the correctness of the particulars and statements relating to the cargo inserted by him or on his behalf in the Bill of Lading or furnished by him or on his behalf to Carrier for insertion in the shipment record. Where such information is provided by means of Electronic Data Interchange, it is the responsibility of the shipper or the shipper’s agent to verify contents, accuracy and completeness of the EDI messages and subsequent messages according to the agreed standards and specifications. The shipper shall indemnify Carrier against all damage suffered by him, or by any other person to whom Carrier may be liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the shipper or on his behalf.
4.6 Bills of Lading are writings on which has been altered or erased need not be accepted by Carrier. If accepted by the Carrier, Carrier will be under no liability arising from, or in respect of, such alterations or erasures.
ARTICLE 5 – RATES AND CHARGES
5.1 Rates and charges for carriage governed by these Conditions are those duly published by Carrier and in effect on the date of the issuance of the Bill of Lading by Carrier, or on the date the rate or charge for the carriage has been entered in the shipment record.
5.2 Rates and charges will be based on the units of measurement and subject to the rules and conditions published in Carrier’s regulations and rate tariffs.
5.3 Except as otherwise provided in Carrier’s regulations, rates and charges apply only in respect of carriage from port to port and do not include any ancillary service given by Carrier in connection with the carriage.
5.4 1 Rates and charges are published in the currency shown in the applicable rate tariffs, and may be paid in any currency acceptable to Carrier. When payment is made in a currency other than the currency in which the rate or charge is published, such payment will be made at the rate of exchange established for such purpose by Carrier, the current statement of which is available for inspection at Carrier’s office where payment is made. The provisions of this paragraph are subject to applicable exchange laws and government regulations.
5.4.2 Full applicable charges, whether prepaid or collect, fees, duties, taxes, charges, advances and payments made or incurred or to be incurred by Carrier, and any other sums payable to Carrier, will be deemed fully earned, whether or not the cargo is lost or damaged, or fails to arrive at the destination specified in the contract of carriage. All such charges, sums and advances will be due and payable on receipt of the cargo by Carrier, except that they may be collected by Carrier at any stage of the service performed under the contract of carriage.
5.2.3 The shipper guarantees payment of all unpaid charges, unpaid charges collect, advances and disbursements of Carrier. The shipper also guarantees payment of all costs, expenditures, fines, penalties, loss of time, damage and other sums which Carrier may incur or suffer by reason of the inclusion in the shipment of articles the carriage of which is prohibited by law, or the illegal, incorrect or insufficient marking, numbering, addr4essing or packing of packages or descriptions of the cargo, or the absence, delay or incorrectness of any export or import licence or any required certificate or document, or any improper customs valuation, or incorrect statement of weight or volume. Carrier shall have a lien on the cargo for each of the foregoing and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale, (provided that prior to such sale Carrier shall have mailed notice thereof to the shipper, or to the consignee at the address stated in the Bill of Lading or in the shipment record) and to pay itself out of the proceeds of such sale any and all such amounts. No such sale shall, however, discharge any liability to pay any deficiencies, for which the shipper and the consignee shall remain jointly and severally liable. By taking delivery or exercising any other right arising from the contract of carriage, the consignee agrees to pay such charges, sums and advances, except prepaid charges.
5.2.4 If the gross weight, measurement, quantity or declared value of the cargo exceeds the gross weight, measurement, quantity or declared value on which charges for carriage have been previously computed, Carrier shall be entitled to require payment of the charge on such excess.
5.2.5 Charges collect shipments will be accepted only to countries listed in Carrier’s regulations and subject to the conditions contained therein. In any event Carrier reserves the right to refuse shipments on a charges collect basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries. Information on countries to which charges collect service is available may be obtained from offices and representatives of Carrier.
5.2.6 All charges applicable to a shipment are payable in cash at the time of acceptance thereof by Carrier in the case of a prepaid shipment (ie, a shipment on which the charges are to be paid by the shipper) or at the time of delivery thereof by the Carrier in the case of a collect shipment (ie, a shipment on which the charges are to be paid by the consignee).
5.2.7 Carrier may cancel the carriage of the shipment upon refusal by the shipper, after demand by Carrier, to pay the charges or portion thereof demanded, without Carrier being subject to any liability therefore.
ARTICLE 6 – SHIPMENTS IN COURSE OF CARRIAGE
6.1 1 The shipper shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the cargo may be carried, including those relating to the packing, carriage or delivery of the cargo, and shall, together with the shipment, furnish such information and deliver such documents as may be necessary to comply with such laws and regulations. Carrier shall not be obliged to enquire into the correctness or sufficiency of such information or documents. Carrier shall not be liable to the shipper or any other person for loss or expense due to shipper’s failure to comply with this provision. The shipper shall be liable to Carrier for any damage occasioned by the failure of the shipper to comply with this provision.
6.1.2 Carrier shall not be liable for refusing to carry any shipment if Carrier reasonably determines in good faith that such refusal is required by any applicable law, government regulation, demand, order or requirement.
6.2 Carrier is authorized (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursement with respect to the cargo and the shipper and consignee shall be jointly and severally liable for the reimbursement thereof. No carrier shall be under obligation to incur any expense or make any advance in connection with the forwarding or re-forwarding of cargo except against prepayment by the shipper. If it is necessary to make customs entry of the cargo at any stopping place, and no customs clearance agent has been named on the face of the Bill of Lading or in the shipment record, the cargo shall be deemed to be consigned to the Carrier carrying the cargo to such place. For any such purpose a copy of the Bill of Lading, or shipment record, certified by Carrier shall be deemed original.
6.3.1 Times shown in Carrier’s timetables or elsewhere are approximate and not guaranteed and form no part of the contract of carriage. No time is fixed for commencement or completion of carriage or delivery of cargo. Unless specifically agreed otherwise and so indicated in the Bill of Lading or shipment record, Carrier undertakes to carry the cargo with reasonable dispatch but assumes no obligation to carry the cargo by any specified vehicle or over any particular route or routes, or to make connections at any point according to any particular schedule. Carrier is hereby authorized to select or deviate from the route or routes of the shipment, notwithstanding that the same may be stated on the face of the Bill of Lading or in the shipment record. Carrier is not responsible for errors or omissions either in timetables or in other representations of schedules. No employee, agent or representative of Carrier is authorized to bind Carrier by any statements or representations of the dates or times of departure or arrival, or of operation of any transportation
6.3.2 Carrier may without notice substitute alternate carriers, or surface transportation, wholly or partly.
6.3.3 Carrier reserves the right, without notice, to cancel, terminate, divert, postpone, delay or advance any transportation, or the further carriage of any cargo, or to proceed with any transportation without all or any part of the cargo, if it considers that it would be advisable to do so because of any fact beyond its control or not reasonably to be foreseen, anticipated or predicted at the time the cargo was accepted, or if it considers that any other circumstances so require.
6.3.4 In the event any transportation is so cancelled, diverted, postponed, delayed or advanced, or is terminated at a place other than the place of destination, or in the event the carriage of any shipment is so cancelled, diverted, postponed, delayed, advanced or terminated, Carrier shall not be under any liability with respect thereto. In the event the carriage of the shipment or any part thereof is so terminated, delivery thereof by Carrier to any transfer agent for transfer or delivery or the placing of such shipment in storage shall be deemed complete delivery under the contract of carriage, and Carrier shall be without any further liability with respect thereto, except to give notice of the disposition of the shipment to the shipper or to the consignee, at the address stated in the Bill of Lading or shipment record. Carrier may, but shall not be obliged to, forward the shipment for carriage by any other route or forward the shipment as agent for the shipper or the consignee for onward carriage by any transportation service on behalf of the shipper or the consignee. The cost of doing so attaches to the cargo.
6.3.5 Subject to applicable government laws, regulations and orders, Carrier is authorized to determine the priority of carriage as between shipments, and as between cargo and mail or passengers. Carrier may likewise decide to remove any articles from a shipment, at any time or place whatsoever, and to proceed with the shipping without them. If as a result of determining such priority, cargo is not carried or carriage thereof is postponed or delayed or if any articles are removed from a shipment, Carrier will not be liable to shipper or any other party for any consequence thereof.
6.4 If in the opinion of Carrier it is necessary to hold the shipment at any place for any purpose, either before, during or after carriage, Carrier may, upon giving notice thereof to the shipper, store the shipment for the account and at the risk and expense of the shipper, in any warehouse or other available place, or with the customs authorities, or Carrier may deliver the shipment to another transportation service for onward carriage to the consignee. The shipper shall indemnify Carrier against any expense or risk so incurred.
ARTICLE 7 – SHIPPER’S RIGHT OF DISPOSITION
7.1 Every exercise of the right of disposition must be made by the shipper or his designated agent, if any, and must be applicable to the whole shipment under a singe Bill of Lading, or under a single shipment record. The right of disposition over the cargo may only be exercised if the shipper or such agent produces the part of the Bill of Lading which was delivered to him, or communicates such other form of authority as may be prescribed by Carrier’s regulations. Instructions as to disposition must be given (in writing) in the form prescribed by Carrier. In the event that the exercise of the right of disposition results in a change of consignee, such new consignee shall be deemed to be the consignee appearing on the Bill of Lading or in the shipment record.
7.1 1 Subject to his liability to carry out all his obligations under the contract of carriage and provided that this right of disposition is not exercised in such way as to prejudice Carrier or other shippers, the shipper may at his own expense dispose of the cargo either:
7.1.2 By withdrawing it at the port of departure or of destination; or
7.1.3 By stopping it in the course of the journey on any landing; or
7.1.4 By calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the Bill of Lading or shipment record; or
7.1.5 By requiring it to be returned to the port of departure;
7.1.6 Provided that, if in the opinion of Carrier, it is not reasonably practicable to carry out the order of the shipper, Carrier shall so inform him promptly.
7.2 The shipper shall be liable for and shall indemnify Carrier for all loss or damage suffered or incurred by Carrier as a result of the exercise of his right of disposition. The shipper shall reimburse Carrier for any expenses occasioned by the exercise of his right of disposition.
7.3 The shipper’s right of disposition shall cease at the moment when, after arrival of the cargo at the destination, the consignee takes possession or requests delivery of the cargo or Bill of Lading, or otherwise shows his acceptance of the cargo. Nevertheless, if the consignee declines to accept the Bill of Lading or the cargo, or if he cannot be communicated with, such right of disposition shall continue to vest in the shipper.
ARTICLE 8 – DELIVERY
8.1 Notice of arrival of the shipment will, in the absence of other instructions, be sent to the consignee and any other person whom Carrier has agreed to notify as evidenced in the Bill of Lading or shipment record: such notice will be sent by ordinary methods. Carrier is not liable for non-receipt or delay in receipt of such notice.
8.2.1 Except as otherwise specifically provided in the Bill of Lading or shipment record, delivery of the shipment will be made only to the consignee named therein, or his agent. Delivery to the consignee shall be deemed to have been effected:
8.2.2 When Carrier has delivered to the consignee or his agent any authorization from Carrier required to enable the consignee to obtain release of the shipment; and
8.2.3 When the shipment has been delivered to customs or other government authorities as required by applicable law or customs regulations.
8.3 Except as provided in Article 9.3, the consignee must accept delivery of and collect the shipment at the port of destination.
8.4.1 Subject to the provisions of Article 8.5, if the consignee refuses or fails to take delivery of the shipment after its arrival at the port of destination, Carrier will endeavour to comply with any instructions of the shipper set forth on the face of the Bill of Lading, or in the shipment record. If such instructions are not so set forth or cannot reasonably be complied with, Carrier shall notify the shipper of the consignee’s failure to take delivery and request his instructions. If no such instructions are received within thirty days, Carrier may sell the shipment in one or more lots at public or private sale, or destroy or abandon such shipment.
8.4.2 The shipper is liable for all charges and expenses resulting from or in connection with the failure to take delivery of the shipment, including, but not limited to, storage charges, and carriage charges incurred in returning the shipment if so required by the shipper’s instructions. If the shipment is returned to the port of departure and the shipper refuses or neglects to make such payments within fifteen days after such return, Carrier may dispose of the shipment or any part thereof at public or private sale after giving the shipper ten days notice of its intention to do so.
8.5.1 When a shipment containing perishable articles as defined in Carrier’s regulations is delayed in the possession of Carrier, is unclaimed or refused at place of delivery, or for other reasons is threatened with deterioration, Carrier may immediately take such steps as it sees fit for the protection of itself and other parties in interest, including but not limited to the destruction or abandonment of all or any part of the shipment, the sending of communications for instructions at the cost of the shipper, the storage of the shipment or any part thereof at the risk and cost of the shipper, or the disposition of the shipment or any part thereof at public or private sale without notice.
8.5.2 In the event of the sale of the shipment as provided for above, either at the place of destination or at the place to which the shipment has been returned, Carrier is authorized to pay to itself and other transportation services out of the proceeds of such sale all charges, advances and expenses of Carrier and other transportation services plus costs of sale, holding any surplus subject to the order of the shipper. A sale of any shipment shall, however, not discharge the shipper and/or owner of any liability hereunder to pay any deficiencies.
8.6 By accepting delivery of the Bill of Lading and/or the shipment, the consignee shall become liable for payment of all costs and charges in connection with carriage. Unless otherwise agreed the shipper shall not be released from his own liability for these costs and charges and will remain jointly and severally liable with the consignee. Carrier may make delivery of the shipment or the Bill of Lading conditional upon payment of these costs and charges.
9.1 Shipments are accepted for carriage from their receipt at Carrier’s cargo terminal or port office at the place of departure to the port at the place of destination.
9.2 Pick-up service and delivery service will be available at the points, to the extent and subject to the rates and charges established for such services in accordance with the applicable regulations of Carrier.
9.3 Pick-up service, if available, will be provided when requested by the shipper. Except when otherwise provided by Carrier’s tariffs, delivery service may be provided unless contrary instructions are given by the shipper or by the consignee. Such contrary instructions must be received by Carrier prior to removal of the shipment from Carrier’s port terminal at destination. Where Carrier arranges at the request of the shipper or consignee for pick-up or delivery services to be provided by third parties, it does so as the agent of whichever of the shipper or consignee has requested the provision of such services.
9.4 Pick-up service and delivery will not be provided by Carrier without special arrangement for any shipment which, in the opinion of the Carrier, because of its volume, nature, value or weight is impractical for Carrier to handle in normal course.
9.5 If pick-up service or delivery service is performed by or on behalf of Carrier, such surface transportation shall be upon the same terms as to liability as set forth in Article 11 hereof. In any other circumstance, Carrier shall arrange pick-up and delivery service only as the agent of the shipper or consignee respectively.
9.6 All shipments may, at carrier’s option, be opened and inspected. However, Carrier is not obligated to perform such inspection.
9.7 Carrier reserves the right to reweigh and dimensionalize any shipment and charge accordingly. A dimensional factor of 1,94 shall be used on domestic shipments and 1,66 on international shipments.
9.8 The Carrier is not responsible for any charges incurred by the shipper or consignee because of a delay in arrival.
9.9 The Shipper and the Consignee shall be liable, jointly and severally, (a) for all unpaid charges payable on account of a shipment pursuant to this Contract, and, (b) to pay or indemnity Carrier for all claims, fines, penalties, costs or other sums which may be incurred by Carrier by reason of any violation of this Contract or any other default of the Shipper or Consignee or their agents.
9.10 Carrier shall have a lien on this shipment for all sums due and payable to Carrier.
9.11 In the event or failure or inability of the Consignee to take delivery of the shipment, Carrier will notify Shipper in writing at the address shown on the Bill of Lading and request disposition instructions within thirty (30) days after the date of Carrier’s notice. Carrier will return the shipment to the Shipper at the Shipper’s expenses.
9.12 If the Shipper fails for accept delivery of a shipment thus returned, Carrier may, upon the thirty (30) days of written notice to the shipper, dispose of the shipment at public or private sale and pay itself out of the proceeds to satisfy the transportation charges owing on the shipment. Any sums collected by the Carrier in excess of transportation charges will be paid to the Shipper.
9.13 No sale or disposal pursuant to this rule will discharge any liability or lien to any greater extent than the proceeds thereof. The Shipper and the Consignee shall remain liable, jointly and severally for any deficiency.
9.14 Damage or loss discovered by the Consignee after delivery and after a clear receipt has been given to the Carrier must be reported in writing to the Carrier within 72 hours after delivery of the shipment with privilege to the Carrier to inspect the shipment and its container(s) and packing material within 15 days after receipt of such notice.
9.15 No claims with respect to a shipment, any part of which is received by the consignee, will be entertained until all transportation charges have been paid.
9.16 Claims for overcharges must be made in writing within 180 days of the original invoice date.
9.17 For International shipments only, TUEX may use the information on delivered documents as a shipper’s letter of instruction, and will prepare, sign, and issue an international bill of lading from the information shown hereon. TUEX may also use the same information on this document as its authority to prepare in the Shipper’s name any export documentation needed.
9.18 To the extent that Law, this Contract and the currently effective Carrier Rules Tariff do not govern it, service guide or supplement that is incorporated by reference shall be construed and the performance of the transportation hereunder shall be determined in accordance with the laws of The Netherlands.
9.19 All charges are due and payable seven (7) days from the date of shipment.
9.20 Any payment which is past due by thirty (30) days shall be subject to an additional charge at a rate of 1½% per month of the outstanding balance due, or the highest rate of interest permitted by applicable law, whichever is less.
9.21 In the event that TUEX has to retain an attorney or commence legal proceedings to enforce any portion of, or all of, this contract the Shipper or Consignee shall be liable for all costs and reasonable attorney fees. It is further stipulated that the court venue, in the event of litigation, will be the City of Dordrecht in The Netherlands and the language of all legal document will be Dutch.
9.22 Shipper certifies that the particulars on the face thereof are correct and that insofar as any part of the consignment contains Dangerous Goods, such party is properly classified and described by name and is in proper condition for carriage by surface or air according to the applicable Dangerous Goods Regulations.
9.23 To expedite movement, shipment may be diverted to other carrier as per tariff rules unless shipper gives other instructions hereon.
ARTICLE 10 – SUCCESSIVE CARRIERS
10.1 Carriage to be performed under one contract of carriage by several successive carriers is regarded as a single operation.
ARTICLE 11 – CARRIER’S LIABILITY
11.1 Carrier is liable to the shipper, consignee or any other person for damage sustained in the event of destruction or loss of, or damage to, or delay in the carriage of cargo only if the occurrence which caused the damage so sustained took place during the carriage, which for such purposes shall comprise the period during which the cargo is in the charge of Carrier, or in the charge of its agent pursuant to the performance of the contract of carriage.
11.2 Except as may be otherwise provided in any applicable Convention, Carrier is not liable to the shipper, consignee or any other person for any damage, delay or loss of whatsoever nature arising out of, or in connection with, the carriage of cargo or other services performed by Carrier, unless such damage, delay or loss is proved to have been caused by the negligence or willful default of Carrier and there has been no contributory negligence on the part of the shipper, consignee or other claimant.
11.3 Carrier is not liable if the destruction, loss of or damage to cargo is proved to have resulted solely from the inherent defect, quality, nature or vice of that cargo.
11.4 Carrier will not be liable for any loss, damage or expense arising from death due to natural causes or death or injury of any animal caused by the conduct or acts of the animal itself or of other animals such as biting, kicking, goring or smothering, nor for that caused or contributed to by the condition, nature or propensities of that animal, or by defective packing of the animal, or by the inability of the animal to withstand unavoidable changes in its physical environment inherent in the carriage by air or other ways of transport.
11.4.1 Carrier will not be liable for any loss, damage, delay, misdelivery, nondelivery or other results caused by (a) the act, default, or omission of the Shipper, Consignee, or other party who claims interest in the shipment including any breech of the warranty set in paragraph 4 above; (b) the nature of the shipment or any defect, characteristic or inherent vice thereof; violation by the Shipper or consignee of any of these terms conditions of contract; (d) acts of God, public enemies, public authorities acting with actual or apparent authority, authority of law, quarantine, riots, strikes, and commotion, or hazards or dangers incident to a state of war; (e) compliance or noncompliance with delivery of special instructions; (f) weather conditions or mechanical delay of transport vehicles or other equipment.
11.4.2 Carrier shall not be liable in any event for any special, incidental, or consequential, damages, including but not limited to loss of profits, income, utility, interest, or loss of market whether or not carrier had knowledge that such damage might be incurred.
11.5 Carrier shall not be liable in any event for consequential loss or damage arising from carriage subject to these Conditions, whether or not Carrier had knowledge that such loss or damage might be incurred.
11.6 If the damage was caused or contributed to by the negligence or other wrongful act or omission of the person claiming compensation, or the person from whom he derives his rights, Carrier shall be wholly or partly exonerated from liability to the claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.
11.7 Shipments tendered for transportation between or within the boundaries of the European Union, Switzerland and other with the E.U. associated countries shall be valued as domestic transportation.
11.7.1 Declared value for domestic transportation is agreed and understood to be not more than € 0,50 per kilogram or € 50,00, whichever is highest, unless a higher value is declared at time of tender, and applicable charges paid thereon.
11.7.2 For shipments outside the in Article 11.7.1 described area, declared value shall be limited to € 9,00 per kilogram of cargo damaged or lost, unless a higher value is declared at time of tender and applicable charges paid thereon.
11.8 In the case of loss, damage or delay of part of the shipment, or of any object contained therein, the weight to be taken into consideration in determining the amount to which Carrier’s liability is limited shall only be the weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of part of the shipment, or of an object contained therein, affects the value of other packages covered by the same Bill of Lading, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability. In the absence of proof to the contrary, the value of any such part of the shipment lost, damaged or delayed as the case may be shall be determined by reducing the total value of the shipment in the proportion that the weight of that part of the shipment lost, damaged or delayed has to the total weight of the shipment.
11.9 The shipper, owner and consignee whose property causes damage to or destruction of another shipment or the property of Carrier, or death or bodily injury of any person, shall indemnify Carrier for all losses and expenses incurred by Carrier as a result thereof. Cargo which, because of inherent defect, quality or vice or because of defective packing, is likely to endanger aircraft, persons or property may be abandoned or destroyed by Carrier at any time without notice and without liability therefore attaching to Carrier.
11.10 A carrier issuing a Bill of Lading for carriage over the transport lines of another carrier does so only as agent for such other carrier. Any reference in a shipment record to carriage to be performed by another carrier shall be deemed to refer to carriage to be provided as principal by such other carrier. No carrier shall be liable for the loss, damage or delay of cargo not occurring on its own line except that the shipper shall have a right of action for such loss, damage or delay on the terms herein provided against the first carrier and the consignee or other person entitled to delivery shall have such a right of action against the last carrier under the contract of carriage.
11.11 Whenever the liability of Carrier is excluded or limited under these Conditions, such exclusion or limitation shall apply to agents, servants and representatives of Carrier and also to any Carrier whose vehicle is used for carriage.
11.12 Declared Value is agreed and understood to be not more than the value stated in the governing tariffs for each kilogram on which charges are assessed, unless a high value is declared herein and applicable charged paid thereon. Declared Value Fee will be € 0,50 per € 100 declared, and is subject to change.
ARTICLE 12 – LIMITATIONS ON CLAIMS AND ACTIONS
12.1 Receipt by the person entitled to delivery of the cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the contract of carriage.
12.2 No action shall be maintained in the case of loss of or damage to goods unless a complaint is made to Carrier in writing by the person entitled to delivery. Such complaint shall be made:
12.2.1 in the case of visible damage to or partial loss of the goods, immediately after its discovery and at the latest within 14 days from the date of receipt of the goods;
12.2.2 in the case of other damage to the goods, within 14 days from the date of receipt of the goods;
12.2.3 in the case of delay, within 21 days from the date on which the goods were placed at the disposal of the person entitled to delivery within the meaning of Article 8.2;
12.2.4 in the case of non-delivery of the goods, within 120 days of the date of issue of the Bill of Lading or the date of the shipment record, whichever is applicable.
12.3 Any right to damages against Carrier shall be extinguished unless an action is brought within two years after the occurrence of the events giving rise to the claim.
ARTICLE 13 – OVERRIDING LAW
13.1 Insofar as any provision contained or referred to in the Bill of Lading or shipment record or these Transport Terms and Conditions of TUEX may be contrary to mandatory law, government regulations, orders or requirements, such provision shall remain applicable to the extent that it is not overridden thereby. The invalidity of any such provision shall not affect any other part.
13.2 No agent, servant or representative of Carrier has authority to alter, modify or waive any provision of the contract of carriage or of these Transport Terms and Conditions of TUEX.
13.3 To the extent of Laws; if these Conditions and the currently effective Carrier Rules Tariff do not govern it, service guide or supplement that is incorporated by reference shall be construed and the performance of the transportation hereunder shall be determined in accordance with the laws of The Netherlands.
13.4 In the event that TUEX has to retain an attorney or commence legal proceedings to enforce any portion of, or all of, this contract the Shipper or Consignee shall be liable for all costs and reasonable attorney fees. It is further stipulated that the court venue, in the event of litigation, will be the City of Dordrecht in The Netherlands and the language of all legal document will be Dutch.
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