ART. 1 – PREMISES
1.1. This text incorporates the general terms and conditions governing and regulating the terms and conditions applicable to all dispatch assignments entrusted to NAC Expeditions S.r.l. (hereinafter “Freight Forwarder”), except for any written exception, pursuant to articles 1737 et seq.cc
1.2. No derogation from the text of the below Shipping Terms will be effective unless expressly accepted and approved in writing by the Forwarder.
ART.2 – OBJECT
2.1. The Mandator entrusts to NAC, which accepts without any obligation of exclusivity, expressed mandate to conclude on behalf of it, even in its own name, the transport contracts and to carry out all the operations necessary for forwarding to the destination of the goods that will be indicated through the Assignment of business that the Mandator will send to the Forwarder with adequate notice by e-mail and / or fax, in which the place of loading and the exact company name and full address of the place of destination of the goods will be indicated. The same address must be clearly indicated on the transport documents that accompany the goods together with the description of the goods, number of packages.
ART.3 – OBBLIGHI DELLA MANDANTE
ART.3 – OBLIGATIONS OF THE MANDANT
3.1. The Mandator, unless otherwise written agreed, undertakes to instruct the Freight Forwarder in the manner and within the limits set forth in these Conditions, to conclude transport contracts relating to all goods indicated in the Assignment of business, of which the Mandator has the
availability legal.
3.2. The Mandator undertakes to provide to Freight Forwarder all the information necessary to complete the task as per art. 2 for each single shipment entrusted to him.
3.3. With the Assignment of business the Mandator agrees not to give to Freight Forwarder any order that may in any way lead to violation of the law (including but not limited to the safety of transport), expressly relieving him of any and every prejudicial consequence derived from violation
of this obligation.
3.4. The Mandator, unless otherwise written agreed, cannot give to Freight Forwarder an order for transport relating to dangerous goods or with risk of contamination, which could harm people or other goods or things. If goods belonging to the above mentioned cases are entrusted to NAC without its prior consent or NAC accepts the order on the basis of incorrect, incomplete or untrue statements in elation of the nature or value of the goods, NAC has the right to terminate the contract under the articles that follow.
3.5. The Freight Forwarder in no case can be called to answer for any reason for incorrect or inaccurate information and insufficient declarations provided by the Mandator. In the case that the Freight Forwarder has to bear any pecuniary or non-pecuniary damage of any nature due to incorrect, incomplete and / or inaccurate information and statements provided by the Mandator, this will be held to hold harmless and relieve the Freight Forwarder from the injury suffered.
3.6. The Freight Forwarder, if circumstances require it, or even only to minimize the damage to which it should be exposed, is now authorized by the Mandator to refuse, deposit or otherwise dispose of the goods, or even, in case of danger or abandonment, to proceed to their destruction at risk and costs charged to Mandator.
3.7. If the Mandator, by written notice in the forms referred to Article 13, orders to Freight Forwarder to suspend the delivery, the Freight Forwarder will have the right to claim a penalty equal to 25% of the freight in case the communication arrives within 15 days of loading date and equal to 50% of the freight in case the communication arrives within 7 days of loading date.
3.8. If the Mandator, by written notice in the forms referred to Article 13, orders to Freight Forwarder to deliver to a different consignee than the one originally indicated, he has the obligation to reimburse the Freight Forwarder and to compensate for damages resulting from the counter- order.
ART. 4 – OBLIGATIONS OF FREIGHT FORWARDER
4.1. The Freight Forwarder, once confirmed the acceptance of the Mandate that can be expressed even only with the execution of the same, undertakes to perform it in accordance with the instructions received from the Mandator as indicated in the Assignment of businee, acting as a freight forwarder and not as carrier shipper in the exclusive interest of the Mandator with the average diligence of the good father of family.
4.2. Unless otherwise written agreed, the packaging of the goods will be under the total responsibility of the Mandator.
4.3. The Mandator exonerates from now the Freight Forwarder from any and all liability related to the lack and / or insufficiency and / or inadequacy of the packaging of the goods, unless the packaging is not carried out by the Freight Forwarder under Mandator's written assignment.
4.4. The Freight Forwarder in the execution of the order and if this is necessary for the correct execution of the same, it is intended from now on authorized by the Mandator to the appointment of a customs officer for the execution of customs operations, then charging the related costs. In any case, the Mandator guarantees that the documentation accompanying the goods is authentic, complete and free of irregularities and that the goods strictly correspond to the type described therein, complies with current regulations, is free to export / import and is in compliance with the marking and labeling. The Mandator is also required to provide to Freight Forwarder , in safe time, all the information, data, customs codes, the item and the customs classification of the goods and all the documents necessary to carry out the customs operations in addition to the advance of any taxes to be paid.
4.5. The Mandator authorizes the Freight Forwarder to manage all shipment data, possibly also those data that could be sensitive data, in order to allow the freight forwarding to handle all the administrative and / or operational procedures that may be necessary to fulfill on electronic mode in order to guarantee the best assistance to the shipment.
4.6. The Freight Forwarder will do everything in its ability to verify that the carriers responsible for the delivery of the goods indicated by the Mandator in the Assignment of business are respected (which must in any case be compatible with compliance with the rules on limits speed and driving times and rest periods and traffic safety).
4.7. The Freight Forwarder undertakes for the entire duration of the single order to keep the Mandator constantly informed, through written communication, of any relevant development or updates as per art. 2.
4.8. The Freight Forwarder is obliged to promptly notify to Mandator any eventual impediments to the regular continuation of the transport by the carrier.
4.9. Unless expressly indicated by the Mandator provided in the Assignment of business and without prejudice to the obligation of information, the Freight Forwarder, as a result of the Mandator received, may act and execute it with the necessary discretion and autonomy, with the faculty to dispatch the goods also grouping it with another and in any case carrying out as freight forwarder all the necessary, connected and presupposed operations for the execution of the contract.
4.10.The Freight Forwarder does not assume any obligation of storage of the goods, unless the goods are deposited in warehouses, premises and / or squares owned by the Freight Forwarder or in the case referred to art. 3.6.
ART.5 – RESPONSIBILITY OF FREIGHT FORWARDER
5.1 The Freight Forwarder is not responsible for the execution of the transport but only for the execution of the mandate received, as well as for any additional obligations.
5.2. The Freight Forwarder cannot be held responsible for damage or loss of the transported goods or for any other obligation arising from the transport contract or for the obligations assumed by third parties with whom the Freight Forwarder has concluded a contract on behalf of the Mandator.
5.3. The Freight Forwarder cannot guarantee the respect of delivery terms by the carrier, and therefore cannot be held responsible in any case for delays in picking and transport and / or delivery of any shipment regardless of the cause of such delays or requests of the mandator for particular terms of surrender even if resulting from shipping documents.
5.4. The responsibility of the Freight Forwarder, when foreseen and to him concretely imputable, in relation to any damage and request for compensation arising from the shipping operations entrusted, including any technical stops, cannot exceed the compensation limit required by the carrier on the basis and due to the law uniform applicable to each individual shipment or national or international law applicable to the individual transport and / or shipment, and in any case the applicable compensation limit required by the carrier actually carrying out the transport. Technical stop means the stop of goods in a storage area, or in a warehouse or terminal or in another shelter area, for needs connected with the execution or continuation of transport, or in any case related to the need to keep the goods during transport or waiting for delivery to the carrier or to the consignee. In any case it is excluded any transfer to Freight Forwarder of activities that can be configured as a warehouse or logistics activity.
5.5. For the eventuality that it is impossible to identify the section of the transport in which the damage or loss occurred, as well as for the eventuality that the damage or loss occurs in a storage and / or deposit phase that cannot be configured as technical stop (including the deposit free of charge or courtesy) performed by the Freight Forwarder using its facilities or its auxiliaries, or again for the eventuality that the depositary or the auxiliary in the deposit and / or handling phase can not to invoke compensation limits, if the Freight Forwarder is recognized and ascertained, the maximum limit of 10 (ten) Euros for each gross kilogram of lost or damaged goods will apply.
5.6. E’ n any case excluded, and so much is also provided in derogation of Articles. 1223 et seq. cc, any compensation due by the Freight Forwarder for indirect damages (such as, with an indication that is purely exemplary and is in no way exhaustive: loss of income, loss of interest or damage resulting from delays in the execution of the transport, failure to sell, production, plant shutdown, damage from commercial image, etc …).
ART.6 – COMPLAINTS
6.1. Any claim for loss, incorrect delivery, breakdown or damage must be made by the Mandator in writing and sent to the Freight Forwarder within the applicable time limits in compliance of the uniform or law discipline.
Art. 7 – INSURANCE
7.1. If the Mandator intends to insure the risk of damage or loss of the goods, he can send to the Freight Forwarder written mandatory so that he can take out insurance coverage on behalf of Mandator. The charges of the insurance coverage will in this case be specified in the single quotation of the Freight Forwarder.
7.2. In the absence of instructions from the Mandator, any coverage is stipulated only for ordinary risks, in the usual forms of insurance on behalf of . In no case the Freight Forwarder can be considered as an insurer or a co-insurer.
7.3. Alternatively, the Mandator may arrange insurance coverage for the shipment and / or transport. In this case, the insurance policy must contain express renunciation of the right of recourse against the Freight Forwarder by the insurance.
7.4. The Freight Forwarder is not obliged to take action to obtain insurance compensation, to interrupt the limitation period, to take care of the performance of the appraisal activity, unless the Mandator has written a mandate to do so in exchange for consideration from time to time.
ART.8 – CORRESPECTIVE
8.1. The rates of the service for the activities rendered is agreed from time to time between the parties following a specific quotation.
8.2. The payment methods and daedline will be agreed between the Parties from time to time.
8.3. In the case referred to in Article 4.4. the customs duties must always be anticipated and paid by the Mandator to the Freight Forwarder before the goods arrive at customs.
8.4. The Forwarder is always authorized, but not obliged, to anticipate the rates, duties, costs and expenses on behalf of the mandator even when he has acted in the name and on behalf of the same, also in consideration of the assignment to release the goods arriving at their destination.
8.5. If due to the existing agreements the Freight Forwarder provides to anticipate freight charges, transportation fees, rental of containers, duties and expenses and other amount, for whatever reason, the Mandator is obliged to pay to the Freight Forwarder the amount due for this advance, interest for any delays and possible losses due to exchange currencies rates. The Mandator is obliged to fully indemnify the Freight Forwarder from payment requests for freight, duties, taxes, damage contributions, fines or other amount requested by the Forwarder. If the amount and fees due to the Forwarder are charged to the recipient or third parties, the Mandator has to give immediate payment of the same if for any reason the Freight Forwarder does not receive the
prompt payment of the amount due to him.
8.6. The Mandator undertakes to reimburse the Freight Forward in relation to any expenses, costs and charges that may be incurred in connection with the transportation of vehicles, including containers, cases and similar, in case of delayed or non-collection of goods by the consignee or delayed or non-delivery of the goods by the shipper.
8.7. Unless otherwise agreed, no amount due to the Forwarder may be offset by other amount claimed by the Mandator, in any capacity.
8.8. The Freight Forwarder in case of non-compliance with the payment deadline referred to in this article, may terminate the contract by simple written communication without prior notice, and will have the right to request any further damage, as well as to retain the goods as per articles 2761 and 2756 c.c. and to pledge on it, up to the payment of everything due by the Mandator and with the right, by communication, to store the goods in any position, even outdoors and in an unprotected place, with all risks charged to Mandator.
Art. 9 – ACCIDENTAL CASE AND FORCE MAJEURE
9.1. The Freight Forwarder in no case could be responsible for breaches of contract due to accidental circumstances, due to causes set forth in the uniform or law, and in any case to circumstances beyond its control. These include, for example: fire, flooding, strike, union agitation, insurrections, state of war or similar acts, natural elements, embargo, impossible climatic conditions, acts of the Administration of a State or Customs, accidental case and force majeure or any other cause beyond its reasonable control and not attributable to it.
The Freight Forwarder cannot under any circumstances be held responsible for losses, damages, delays, incorrect or missed deliveries.
ART.10 – WITHDRAWAL AND TERMINATION OF THE CONTRACT
10.1. These conditions of Shipment will apply to all the Mandates given to the Forwarder by the Mandator in their validity and will remain valid and effective until the eventual exercise by the Forwarder of the faculty mentioned in the following point 10.2.
10.2. The Freight Forwarder may withdraw from this agreement at any time by giving 30 days notice in writing, without any specific charge. Nothing will be due as consideration for the withdrawal for any reason or title.
10.3. The present conditions will be considered resolved and deprived of effectiveness of law, without the need for cancellation and / or notice, in the cases in which:
I. one of the parties is subject to any bankruptcy procedure required by law;
II. the formal requirements that must be possessed by law by one of the parties, as a matter of course, for the performance of the activities envisaged by the present contract, are no longer valid;
III. in the countries where the logistical / distributive activities covered by the contract take place, situations of conflict, belligerency and widespread unrest occur, even if not officially ascertained and declared, such as to prevent or make objectively difficult the carrying out of such activities for a period of more than 30 days;
IV. occurrence of natural events of any kind likely to prevent or delay the performance of the services covered by the contract, such as floods, earthquakes, fires and the like.
ART.10 – WITHDRAWAL AND TERMINATION OF THE CONTRACT
10.1. These conditions will apply to all the shipments given to the Freight Forwarder by the Mandators in their validity and will remain valid and effective until the eventual exercise by the Freight Forwarder of the faculty mentioned in the following point 10.2.
10.2. The Freight Forwarder may withdraw from this agreement at any time by giving written communication 30 days in advance, without any specific charge. Nothing will be due as consideration for the withdrawal for any reason or title.
10.3. The present conditions will be considered resolved and deprived of effectiveness of law, without the need for cancellation and / or notice, in the cases in which:
I. one of the parties is subject to any legal procedure required by law;
II. There is the missing of the formal requirements that must be possessed by law by one of the parties, for the performance of the activities by the present contract,
III. In Countries where the logistics activities take place, there are situations of conflict, belligerency and widespread unrest occur, even if not officially ascertained and declared, such as to prevent or make objectively difficult the carrying out of such activities for a period of more than 30 days;
IV. It occurs natural events of any kind to prevent or delay the performance of the services covered by the contract, such as floods, earthquakes, fires and similar.
ART.11 – CONFIDENTIALITY AND CONSENT TO DATA PROCESSING.
11.1. The parties undertake to maintain the most confidentiality regarding all data and information that they may have in possession of or become aware during the current contractual relationship, with particular reference to the content of the activities requested and undertake to reciprocally return to the expiry term of this agreement and according to the times and methods communicated, all the material and documentation received (also from third parties) in relation to the execution of the agreement.
11.2. Each Party acknowledges receipt of information from the other on the processing of personal data pursuant to Article 13 of EU Regulation No. 679/2016 and subsequent amendments and additions (GDPR), and to have explicitly adhered. For anything not expressly agreed upon, the parties expressly refer to the provisions of the law on the subject, as well as to the uses in force and not incompatible with the intentions expressed herein, as well as to the good faith both in the interpretation and in the execution of the contract.
Art. 12 – COMMUNICATIONS
12.1. Any communication addressed to the Freight Forwarder will be considered valid only if carried out at the addresses indicated below: NAC Expeditions Srl. Via V.Monti 39,20851 Lissone (MB)
Art. 13 – APPLICABLE LAW AND JURISDICTION
13.1. The law to be applied to the present general conditions and to the agreements deriving from them is exclusively Italian law.
13.2. Any dispute concerning the validity, interpretation, execution and termination of the contract will be devolved to the Italian Judicial Authority and to the exclusive jurisdiction of the Milan court, since the parties have agreed to the exclusion of other competing holes.
Art. 14 – CONCLUSIVE DISPOSITIONS
14.1. Any changes or additions to the Assignment of business, or exceptions to these General Conditions, under penalty of nullity and ineffectiveness, must be agreed between the Parties.
14.2. For anything not expressly provided for in these Conditions, reference is made to the regulations established by the Italian legislation in force concerning shipping.
14.3. The repeated violation or disuse of one or more of the provisions contained in these Terms shall not be construed as tacit acceptance of violations or non-application of the same.