1. Premise
1. The general conditions better described below are an integral part of every structured offer, of every spot offer and / or verbal offer, all and always issued for agreed prices.
2. The same general conditions are also applicable to services rendered without prior to an offer.
3. The following conditions are also available on the company’s website www.givisped.it
2. Definitions
1. In these General Conditions the following terms have the meaning specified below:
a. Freight forwarder: the person who receives the dispatch warrant for the stipulation in his own name and on behalf of others of the transport contract and / or for the performance of one or more ancillary operations;
b. Shipper-carrier: the person who physically performs all or part of the transport, or assumes (as a result of ad hoc agreement) in an express way the execution of the same;
c. Principal / customer: the person who gives the shipping mandate for the stipulation of the transport contract and / or for the completion of one or more ancillary operations;
d. Sender: the person who is the sender or shipper within the scope of the transport contract stipulated by the shipper;
e. Carrier: the person who physically performs or assumes the execution of the transport.
2. The term Freight Forwarder does not also refer to the Freight Forwarder-carrier.
3. Scope of application
1. The principal expressly accepts, both if he acts on his own behalf, and if he acts for others in the stipulation of the shipping contract, that these General Conditions have and are fully and unconditionally applicable to all contractual relations with the Forwarder, as well as to all actions and claims, even of a non-contractual nature, against the latter.
4. Recruitment/acceptance of assignments
1. The Freight Forwarder, as a result of the mandate received, usually in writing, assumes the tasks and will stipulate in the interest of the Principal the contract of carriage as well as to carry out the ancillary operations to the conditions, regulations and rules applied by the land, air, sea, multi-modal, Italian and foreign carriers, whose services are requested by the Forwarder, acting with the necessary discretion, with the right to ship the goods by grouping it with another (unless otherwise ordered in writing) always operating with the utmost diligence and always and only acting as a Freight Forwarder.
2. The Forwarder has the right to replace others in the execution of the mandate pursuant to and for the purposes of art. 1717 cod. civ. and may not be held liable in any way for the work of carriers, as well as depositories, packers, shippers, insurers and/or banks, whose services it has requested in the fulfillment of its mandate.
3. The Freight Forwarder has the right and not the obligation, to inspect the goods entrusted to him at any time. It also has the right to verify the weight and measurements of individual packages and shipment in general. Unless previously agreed in writing, he does not accept the performance of shipping and / or transport activities relating to pericolous goods, which may cause prejudice to people, animals, other goods or things, or are subject to deterioration, are without packaging or equipped with insufficient / inadequate packaging, as well as values, coins, precious goods, works of art. By way of example and not exhaustively, dangerous goods are goods classified as dangerous by IATA, IMO, ICAO, or covered by the ADR/RID regulations.
4. If such goods are entrusted to the Freight Forwarder without his prior consent, or the Freight Forwarder accepts the mandate on the basis of incorrect, incomplete or untruthful information in relation to the nature or value of the goods, the Freight Forwarder has the right to terminate the contract, or, if circumstances so require, to refuse, deposit or otherwise dispose of the goods, or even, in case of danger, to proceed with their destruction, and the Principal and / or the Sender are required in this case to respond for all the harmful consequences and for the expenses that may derive from them in various ways.
5. The Forwarder may request fees calculated on a flat-rate basis pursuant to Article 1740 of. C.c., always and exclusively as a Freight Forwarder.
6. The agreement of a total price for the shipping activity, for the ancillary operations to the transport and for the transport itself excludes the possibility of qualifying Givisped S.r.l. as a carrier forwarder, as this hypothesis responds to the specific needs of the principal and sees the Freight Forwarder burdened with the execution of technical operations that go beyond the ordinary professional skills of the carrier.
7. The agreement on an all-inclusive price is solely responsible for the requirement to ensure better and more cost-effective management of shipping activities and activities auxiliary to the provision of transport in the strict sense, solely carried out by the carrier in charge.
8. In the context of national transport, at the end of the transport operation, the Freight Forwarder has no management obligation and is not required to return the packaging, or the handling units used. The company is not responsible for the refusal of return by the recipient of handling units of lower number or quality than those with which the transport was carried out and is in any case entitled to a fee for each ancillary service performed.
9. Unless otherwise provided by the principal which must be in writing and accepted by the forwarder, the same has the free choice of routes and means to be implemented, the modes of transport to be used, the routes of the technical devices to be adopted to ensure the execution of the contract.
5. Delivery terms
1. The Forwarder does not guarantee compliance with delivery terms, and therefore can not be held responsible in any case for delays in the collection and transport and / or delivery of any shipment regardless of the cause of such delays or requests of the principal for terms of return even if resulting from the shipping documents.
6. Declarations and warranties of the Principal/Sender
1. The principal is required to send to the Freight Forwarder, in good time, clear and precise instructions regarding transport as well as the documents necessary for the taking over and shipment of the goods.
2. In the absence of instructions or in case of obscure and / or unworkable instructions, the Forwarder will operate according to his own discernment, according to the best interest of the principal.
3. The principal guarantees and therefore declares:
• whereas the consignment has been correctly and accurately described in all transport documents;
• who have taken note of the goods or goods which the Freight Forwarder has declared unacceptable for carriage, and which have not been included in the shipment;
• that the nature of the goods, the number, quantity, quality, contents of the packages, gross weight (including the weight of packaging and pallets and their overall dimensions), dimensions and any other information provided are true and correct;
• that the packaging and labelling used, in relation to the goods contained and the mode of transport, are considered suitable.
4. The principal expressly declares to indemnify and hold the Shipper harmless from any damage, claim or expense of any nature that may arise from the violation of the guarantees indicated above, as well as from the lack, insufficiency or inadequacy of the packaging, or from the failure to report on the goods and packages the precautions necessary for their handling and lifting.
5. If it is entrusted to the Freight Forwarder mandated to carry out and take care of customs operations, the principal guarantees that the documentation accompanying the goods is authentic, complete and free of irregularities and that the goods strictly correspond to the type described, comply with current regulations, are free export / import and follow the marking.
6. The principal is also required to provide in good time all the information, data, customs codes, the customs entry and classification of the goods and all the documents necessary to carry out customs operations.
7. The principal authorizes the Forwarder to manage all the data of the shipment, possibly also of those data that could have the nature of sensitive data, in order to allow the Shipper to process all the practices, of an administrative and / or operational nature, that it is necessary to fulfill electronically in order to guarantee the shipment the best assistance.
8. Under no circumstances may the forwarder be held liable for the consequences of incorrect information received from the principal and offered to transport undertakings or their agents concerning the dates or deadlines for loading, unloading or delivery.
7. Validity of prices and conditions
1. The prices and conditions offered by the Forwarder are valid only if accepted by the principal, with the timely signing of the letter of assignment, for the immediate execution of the relative mandate, except, however, for any changes in the conditions and rates of the companies, carriers and entities whose services must be used by the Shipper in the interest of its principal.
2. The Forwarder is not required to report any changes in the shipment during the shipment.
3. The prizes, rebates, senserie, commissions on freight and the like obtained by the Freight Forwarder on the carriers’ rates are the exclusive responsibility of the Shipper himself.
4. The company’s offers are considered free until the date of their acceptance or until the assignment of the first assignment and have a natural expiry of twelve months from the date of issue
5. The Forwarder’s quotations and the agreements relating to prices and conditions refer only and always to specified services and do not include, unless otherwise agreed, additional costs resulting from operations carried out outside normal working hours. Unless otherwise agreed, they are binding only for goods of normal volume, size, weight and quality, in relation to the intended mode of transport.
8. Advances, fees and receivables of the Freight Forwarder
1. The principal, unless otherwise agreed, is required to provide the shipper with the means necessary for the execution of the mandate and for the fulfillment of the obligations that the shipper has contracted for this purpose in his own name and on behalf of the principal.
2. There is no obligation for the forwarder to advance sums on behalf of the principal.
3. If, by prior agreement, the Forwarder advances freight, transport fees, rental of containers, duties and expenses and other sums, for any reason, the principal and / or the Sender are required to pay the consideration due for this advance, interest for any delays and any losses due to changes in the exchange ratio between currencies.
4. Principal and/or Sender are required to fully indemnify the Shipper from payment requests for freight, duties, taxes, damage contributions, fines or other sums for any reason requested from the Shipper.
5. If the sums and fees due to the Forwarder are charged to the recipient or third parties, the principal and / or the Sender remain required to immediately pay the same if for any reason the Shipper does not receive the timely and spontaneous payment of the sums due to him.
6. Unless otherwise agreed, no sum due to the Shipper may be offset against other sums claimed by the Sender and / or Principal, for any reason.
7. Unless otherwise expressly agreed, the payment of the service must take place immediately, at invoice view.
8. Any disputes must be made in writing within 10 days from the date of receipt of the invoice. Failing this, the invoice and the related service will be considered tacitly accepted.
9. If, for any reason, the payment terms are not respected, the Forwarder will apply the interest rate pursuant to art. 5 of Legislative Decree no. 9 October 2002 231.
9. Right of retention
1. The Forwarder has, about the Principal, the Sender and any other person with whom he contracts, privilege and right of retention on the goods and other goods in his possession in relation to expired or expiring claims and can also claim this right against the recipient and / or owner of the goods.
10. Operational exceptions: delay or refusal to load or receive the goods
1. The Sender and/ or the principal are required to reimburse and hold the Forwarder harmless in relation to any sum or cost due, including those for stops of means of transport, including containers, swap bodies and the like, for the return of the goods to the warehouse, for storage and subsequent return.
2. In case of refusal or unavailability of the recipient, the Forwarder, if promptly informed of the stock and entitled to intervene, may take the necessary or appropriate measures for the custody of the goods and its return, acting in the name and on behalf of the principal and / or the Sender, on which the risk of any losses weighs, damage or subtraction.
11. Liability and forfeiture
1. The Freight Forwarder is not responsible for the execution of the transport but exclusively for the execution of the mandate received, as well as any ancillary obligations.
12. Damage occurred in unknown section
1. In the event that it is impossible to identify the section of transport in which the damage or loss occurred, as well as for the possibility that the damage or loss occurs in a storage and/ or storage phase not configurable as a technical stop (including therefore the free or courtesy deposit) performed by the Forwarder using its own facilities or by its auxiliaries, or for the event that the depositary or auxiliary at the stage of storage and / or handling can not invoke compensation limits, the maximum limit of 8.33 special drawing rights per kilo of lost or damaged goods will apply.
13. Indirect damage
1. It is in any case excluded, and so much is also provided for in derogation of Articles. 1223 et seq. c.c., any compensation due by the Freight Forwarder for indirect damages (such as, with an indication that is purely illustrative and is in no way exhaustive: loss of profit, loss of interest or damages resulting from delays in the execution of transport).
2. For shipments of samples and of goods or goods that the principal or sender has expressly indicated as intended for fairs, exhibitions, events and the like, compensation (if due) is limited to the amount of the agreed freight.
14. Complaints
1. Any claim for loss, incorrect delivery, damage or damage must be made in writing and sent to the Forwarder strictly within the terms applicable because of uniform discipline or law.
15. Insurance
1. Under no circumstances may the Freight Forwarder be considered as an insurer or co-insurer.
2. Alternatively, the Principal may directly ensure the shipment and / or transport, it being understood that, in this case, the relative policy must contain express waiver of the right of recourse against the Shipper by the insurer.
3. The Forwarder is not obliged to act to obtain insurance compensation, interrupt limitation periods, take care of the performance of the expert activity, unless instructed in this regard by the principal against a fee to be agreed ad hoc.
16. Force majeure
1. The Forwarder is in no case responsible for losses, damages, delays, incorrect or non-deliveries caused by unforeseeable circumstances, by causes provided for in the uniform or legal discipline referred to in Article 11, and in any case by circumstances beyond its control. These include but are not limited to: a) natural disasters b) cases of force majeure such as wars, accidents/breakdowns in means of transport or embargoes, riots or civil unrest; (c) defects, intrinsic characteristics or defects of the goods; d) acts, non-fulfilments or omissions of the Sender, the consignee or any other person with an interest in the shipment, the State Administration, customs or postal or other competent Authority e) strikes, lockouts or labor conflicts.
17. Applicable Law and Jurisdiction
1. Any dispute that may arise between the parties regarding the interpretation, execution or termination of this contract will be submitted exclusively to the Italian jurisdiction and exclusive jurisdiction of the Court of Milan in express derogation from the General and / alternative Forums referred to in articles 18, 19 ss. Civil Code.
18. Privacy
1. The sensitive data received and processed by the contractors will be processed in full compliance with current legislation (EU Reg. 679/16), that is, exclusively for the purposes related to the exact execution of the services deduced in the letters of assignment and in these General Conditions of Contract and for the entire duration of the same , having to consider implemented all the security, technical and organizational measures deemed suitable for the protection of the rights and interests of the parties.