General Conditions of Service Provision
The provision of Freight Forwarding Agent Services is carried out exclusively under the terms, conditions and limitations of liability defined in the “General Conditions for the Provision of Services by Freight Forwarding Companies”, approved by APAT – Associação dos Freight Forwarders de Portugal 22.10.2000 – Published in DR III Series No. 51 of 01/03/2001, page 4579 et seq. – applicable by virtue of the Decree. which are reproduced below. For any other service, liability in connection with damage to or loss of goods or merchandise is limited to 8.33 SDR per kilogram gross weight of the damaged or lost goods, and in connection with other types of damage, is limited to our remuneration for the specific activity or service giving rise to the damage in question. Any liability for lost profits, consequential losses or indirect damages is excluded. When requesting services from Geofrete, it is considered that the customer has fully accepted the general conditions mentioned above and all limitations of liability stated. For the purposes of article 6 of Decree-Law 446/85 of October 25, Geofrete is at the complete disposal of its customers to respond to any clarification requested in this regard.
General Conditions for the Provision of Services by Forwarding Companies
Approved by APAT – Portuguese Freight Forwarders Association 22.10.2000 – Published in DR III Series No. 51 of 01/03/2001 – Applicable by virtue of Decree.
(Communication under the terms and for the purposes of Article 5 of Decree Law No. 446/85 of 25 October)
Article 1 Definitions
(a) Customer/Contractor: any person with rights or obligations in relation to the goods under a forwarding service contract concluded with a forwarder, or as a result of the activity
of this in relation to such services.
b) Goods: any goods including live animals, as well as containers, pallets or transport or packaging equipment not supplied by the freight forwarder.
c) Dangerous Goods: goods officially classified as such, as well as goods that are or may become or assume a dangerous, flammable, radioactive, toxic or harmful nature.
d) Written: any visually expressed way of representing or reproducing words in a permanent form, namely, letters, telefax, telex, telegram, e-mail or any other record by electronic means.
e) Freight Forwarding Services: services of any kind relating to the transport, consolidation, deconsolidation, storage, handling, packaging, logistics and/or distribution of goods, as well as ancillary and consultancy services related to the shipment of goods, including the contracting of insurance and collection of refunds.
f) Freight agent: person who enters into a freight agent service provision contract with a Client.
g) Carrier: person who carries out the transport of goods by his own means of transport (actual carrier) or any person subject to the liability of carrier for having assumed this responsibility.
express or tacit liability (contracting carrier).
Article 2 Scope
Any and all provision of services by the Freight Agent, which occurs within the scope of the activity and regime defined in the respective legal statute approved by Decree.
agreement to the contrary, by these general contractual clauses.
Article 3 Applicability
The Forwarder shall provide his services in accordance with the Client's instructions as agreed. In
In the absence of written stipulation of different contractual conditions, the customer, whether he intervenes or acts as the holder of the goods or merchandise, or whether or not he does so as an agent or representative of another, is constituted before the freight forwarder in the rights and obligations established by these general conditions.
Article 4 Presentation of prices
1. Unless expressly stipulated otherwise, the prices proposed by the freight forwarder do not include duties, fees, taxes or charges that the Tax, Customs or other Administrations of an official nature
cover, and only apply to, loads whose nature, weight and dimensions are considered normal for transportation, in accordance with the respective regulations in force.
2. The prices referred to in the previous number do not include in themselves the costs and charges for downtime, storage, repair or other incidental costs, unless they are expressly included in the terms and conditions of the proposal and have not been, in a timely and formal manner, excluded by the customer.
Article 5 Price changes
The established prices may be changed, provided that circumstances arise that modify the conditions on which the proposals were based, namely:
a) Inaccuracy or subsequent alteration of the customer's information regarding the content, weights, volumes and values of the items subject to the service, or regarding the purchase and sale conditions;
b) Forwarding by means of transport other than that proposed by the freight forwarder or interruptions in traffic on the planned routes, requiring the use of more expensive means or routes;
c) Delays or delays in the execution of services resulting from natural, political or any other phenomena not attributable to the dispatcher;
d) Modification of regulations, conventions, rates, timetables or tariffs;
e) Exchange rate changes.
Article 6 Review of prices and conditions
Unforeseen expenses that the forwarder has to incur due to force majeure or unforeseeable circumstances, in compliance with and in the exercise of his/her duties, as well as to guarantee the conservation or preservation of the
goods or merchandise that are the object of the contract, make the corresponding adequate review of the stipulated conditions legitimate and enforceable.
Article 7 Validity of proposals
For the purposes of applying and executing the contractual clauses, the proposals will be valid for the period of time indicated by the broker, and it is expressly understood that, in the absence of such indication, they will expire after fifteen days from the date of their presentation to the client.
Article 8 Written instructions
1. The customer is obliged to state, in writing, in a clear, precise and complete manner, the instructions and specifications of the goods relating to the subject of each contract.
2. The freight forwarder, on the date of receipt of the instructions, must analyse them in order to verify their compliance with the services he has undertaken to provide.
Article 9 Conference of instructions
Upon receiving the documents issued by the broker, the customer must examine them carefully and immediately point out any errors or discrepancies, so that the broker can carry out the necessary actions in a timely manner.
necessary corrections.
Article 10 Inadequate or insufficient instructions
1. If there are errors, inaccuracies, insufficiencies or lack of information necessary for the proper execution of the contract in the customer's documents or declarations, especially regarding the nature, value, weight, measurement or
content of the things that are the object of the contract, the customer will be fully responsible for the consequences resulting from such anomalies.
2. If the forwarder notices the existence of any anomalies or irregularities referred to in the previous paragraph, which may result in liabilities and/or losses for any of the contractors or for
third parties, must immediately inform the customer, so that these anomalies or irregularities can be corrected in a timely manner.
3. If the anomalies or irregularities provided for in the previous numbers are not remedied in time to allow the freight forwarder to perform the services that are part of his/her duties, he/she shall be entitled to
terminate the contract, or to execute it in accordance with the content of the client's documents and statements, if
in which all damages and liabilities that directly or indirectly result from the
said anomalies or irregularities.
4. In the case of goods subject to a purchase and sale contract, non-compliance with the customer's instructions
with the conditions inherent to the aforementioned contract will be the responsibility of the client.
Article 11 Insufficient or inappropriate packaging
1. The customer is responsible for any damages resulting from insufficient or inappropriate packaging.
2. At any time during the execution of the service, it is found that the packaging is
damaged, the freight forwarder may carry out the necessary repairs at the customer's expense, giving the customer prior notice thereof, unless the urgency of the repair does not allow it.
3. This urgency must be justified as necessary.
Article 12 Dangerous goods
1. Unless expressly accepted in writing, in each case, the freight forwarder shall not handle or transport dangerous goods or goods considered as such, or any other goods that may cause harm to third parties.
2. If any customer delivers goods of this nature, without express acceptance by the forwarder, he will be responsible for all losses or damages caused to the forwarder, and/or third parties and will have to compensate all
any damages, expenses, fines or claims to which such goods give rise, and they may be destroyed or traded under the control of the competent authority, when this is deemed appropriate.
Article 13 General delivery conditions
The freight forwarder is only obliged to comply with special conditions for the delivery of goods and/or the collection of amounts if, having received express written instructions to that effect from the customer, he accepts them.
Article 14 Instructions on the movement of goods or merchandise
1. The freight forwarder may carry out other operations also on behalf of the contractor, in particular the collection or storage of goods or merchandise, either in compliance with instructions received from the latter, or during the period in which he awaits instructions from the latter, or as a result of interruptions or postponements of transport, and must, in any case, immediately inform the same contractor.
2. In the absence of special instructions from the contractor, the forwarder will use the means and means he deems convenient or possible to forward the goods or merchandise that are the object of the service that has been entrusted to him.
Article 15 Other obligations of the freight forwarder
The broker is only obliged to carry out procedures or formalities with the competent authorities that are expressly requested by the client; In any case, the forwarder will not be liable for any losses that may result from the refusal or delays of those entities or from insufficiencies in the elements that have been provided to him by the client for this purpose.
Article 16 Grouping of goods
Unless expressly stated otherwise, the forwarder may arrange for the goods to be transported in the groupage system, even together with goods from different customers, and may use the routes and means that
best suit the interests of the cargo and the customer.
Article 17 Insurance of goods
The forwarder is not responsible for concluding any insurance contract intended to cover the risk of possible damages suffered by goods or merchandise during the course of transportation, the organization and management of which have been entrusted to him.
contractually entrusted, unless expressly, timely and duly mandated to do so, especially regarding the nature of the risks and values to be insured.
Article 18 Refusal or failure to receive
If, for any reason, the recipient refuses to receive the items subject to the service or has ceased their activity, they will be the responsibility of the contractor or whoever has replaced them before
the forwarder, who will continue to be responsible for all service charges and any return of the merchandise.
Article 19 Payment of invoices
1. Failure to pay the invoice issued by the freight forwarder within a maximum period of 15 days from the date of its presentation, unless expressly agreed otherwise, constitutes the debtor in default of the obligation to pay.
interest at the legal rate.
2. In the event that no provision has been delivered and the invoices involve disbursements in foreign currency, they are subject to corrections resulting from exchange rate changes that may occur up to the date of the invoice.
payment date, as well as bank charges arising from the respective transaction.
Article 20 Complaints against the invoice
Without prejudice to the obligation to pay under the aforementioned terms, the customer is recognized the right to make complaints against the invoices or debit notes of the freight agent, provided that he does so, with justification,
within 15 days from the date of its submission.
Article 21 Provision
The freight forwarder may request provision from the client whenever there is room for payment of freight, customs duties and other duly justified disbursements, on behalf of the client.
Article 22 Limitation of liability
1. The freight forwarder is liable to his client for failure to comply with his obligations, as well as for obligations entered into by third parties with whom he has contracted.
2. The liability of the freight forwarder resulting from the contracts concluded shall be limited to the amounts established, by law or convention, for the carrier to whom the material execution of the contract is entrusted.
transportation, unless another limit is agreed by the parties.
3. In any case, the forwarder's liability will not exceed the real value of the loss or the value of the goods or merchandise, if this is lower.
Article 23 Failure to lift or remove goods
1. Without prejudice to the right to an adequate storage fee or fair compensation for damages caused, failure to collect or remove the goods in due time shall constitute grounds for termination of the contract.
time, of the merchandise entrusted to the freight forwarder.
2. For the purposes of the provisions of the previous number, the freight forwarding company shall notify the interested party in the goods, informing him of all the conditions and the deadline for collecting them.
Article 24 Right of retention
Unless expressly stipulated otherwise, freight forwarding companies may exercise the right of retention over goods entrusted to them as a result of the respective contracts, for the credits arising therefrom.
resulting.
Article 25 Prescription of the Right to Compensation
The right to compensation arising from the liability of the cargo company expires within 10 months from the date of completion of the provision of the contracted service.
Article 26 Competent court
1. In the event of recourse to the courts, the chosen forum will be that of the broker's headquarters, expressly waiving any other.
2. However, when the issue or provision of services occurs at the company's branch or delegation, the jurisdiction of the corresponding establishment will be competent.
