- In international trade, how is the transfer of ownership and the risk of transport managed, and up to what point must the seller pay the costs of transport, when should the buyer take over, and what are their respective obligations?
The answer to this is offered by the “typical contracts”, which are reference contracts that define the conventions to be referred to during the negotiations and during performance of the contract. They contain generic clauses and have common terminology (expressed often in short form) called “terms of delivery” to which are attached, very precisely, the time and place when the transfer of the transport risk is transferred from the seller to the buyer, along with transport costs, auxiliary operations and the related obligations. The best known and universally popular are Incoterms 2000, developed by the International Chamber of Commerce (www.iccwbo.org).
- Are there any typical / generic transport contracts?
Yes, these are the terms of delivery of the transport. They are based on uses and have not yet reached a level of formalisation equal to that given by the International Chamber of Commerce in business terms.
- What are the general conditions governing the relationship between clients and ST2 S.r.l.?
For international shipments, those developed by Fedespedi (National Federation of International Shipping Companies); these were delivered to all the Chambers of Commerce on 03/10/1975. These General Terms and Conditions were published on the same date, in Issue 66 of the Official Gazette. Updated in November 2008, these govern all aspects of execution of the mandate for international shipments. For domestic shipments, there are similar General Terms and Conditions developed by Federcorrieri.
- What is the limit of the carrier’s liability in transport by national roads?
Legislative Decree 286/2005 repealed Article 1 of Law 450/1985 regarding the transportation limits of liability and introduced, with effect from 24.01.2006, a new liability limit equal to 1 euro per kg. gross weight of lost or damaged goods. This new limit is the only one for both carriage by full load and for transport in groupage.
- What is the limit of the carrier’s liability in international transport by road?
The responsibility of the carrier by road is governed by the “Convention on the Contract for the International Carriage of Goods by Road” (C.M.R.) The Convention shall apply, irrespective of the domicile or nationality of the parties, when the pick-up and delivery of goods takes place in different countries, provided that at least one of them has ratified the Convention. (If a carrier makes an Italian freight delivery earmarked for France on behalf of an Italian buyer, the relationship that occurs between the two is governed by CMR). Transport carried out under the CMR liability limit is 8.33 SDRs (Special Drawing Rights – the equivalent of approximately € 10.00) for each kilogram of gross weight of lost or damaged goods, whatever the nature and the value of the property carried.
- How do you select a shipper?
Shippers are subject to enrollment in the respective registries required by law and kept by the Chambers of Commerce. For registration, the company must demonstrate their capacities for professionalism (with the presence of a technical manager for each business unit recorded), business (with delivery to the Chamber of Commerce, which keeps a register, of a guarantee), and morality ( by checking that the legal representative has no charges pending). In addition to enrollment, the law requires a license for public safety. A further element in the assessment is the association to Fedespedi (National Federation of International Shipping Companies) (www.vetrina.com/fedespedi). For every corporate office, Fedespedi issues a certificate, of which a copy may be requested.
- How is the relationship between customer and shipper regulated?
Fedespedi (National Federation of International Shipping Companies) has developed, and filed with all the Chamber of Commerce on 10/03/1975, their General Terms and Conditions, making them available on the same date in Issue 66 of the Official Gazette. Updated in November 2008, these govern all aspects of execution of the mandate for international shipments. For domestic shipments, there are similar General Terms and Conditions developed by Federcorrieri.
- What are the requirements for a proper booking of a shipment?
Each type of service requires the date of collection, the type of forwarding, the pick-up location if different from the applicant, the address of the destination, the quantity of goods (gross weight, volume, or dimensions if bulky packaging is being used), and any commitments and constraints on delivery.