Our company conforms to the FEDESPEDI General Conditions of Shipping, as set out below:
These General Terms and Conditions apply (except as otherwise established by means of written agreement and expressly between the parties) to the obligations arising from contracts entered by the Freight Forwarder and by acts or facts in place by employees, agents and other representatives of the latter. These Terms and Conditions also define, to the extent and in the manner provided, the responsibilities of the Freight Forwarder.
These Conditions are published in digital format on the www.fedespedi.itwebsite.
In these General Conditions the following terms have the meanings specified below:
a) Shipper: the entity receiving the mandate for the execution of the contract of carriage and/or for carrying out one or more ancillary operations;
b) Shipper-carrier: the party which physically performs all or part of the carriage, or explicitly assumes (as a result of ad hoc agreement) its execution;
c) Principal : the party which gives the mandate for the execution of the contract of carriage and/or for carrying out one or more ancillary operations;
d) Sender: the party which is the sender or loader under the contract of carriage entered into by the shipper;
e) Carrier: the party which physically performs or undertakes the performance of the carriage.
The term Shipper is also used to refer to the shipper-carrier, unless the provision keeps the two distinct. The term Shipper-carrier then always refers specifically and exclusively to the entity referred to in point b) above.
The Principal agrees explicitly, either when acting for their own account, or for others when acting in the conclusion of the contract delivery and / or shipping, that these General Terms and have, and are fully and unconditionally applied to all contractual relations with the Freight Forwarder, and to all the actions and claims, including those of a non-contractual nature, against the same.
4. Recruitment / acceptance of charge
The Freight Forwarder, due to the mandate received, (usually in writing), will negotiate the contract of carriage as well as for performing ancillary operations, acting with the necessary discretion, with the right to ship the goods grouped with other freight (unless a written order explicitly forbids it), always operating with the utmost diligence, acting as a freight forwarder or as Freight carrier.
The Freight Forwarder, except by written agreement, does not accept the performance of activities of shipping and / or transportation related to dangerous goods, which can be detrimental to people, animals, goods or other items, or are subject to deterioration, are devoid of packaging, or provided with insufficient / inadequate packaging, as well as valuables, coins, precious commodities, or works of art. A non-exhaustive list of examples of dangerous goods includes, but is not limited to: goods classified as dangerous by IATA, IMO, ICAO, or covered by ADR / RID.
Should such goods be entrusted to the Freight Forwarder without its prior consent, or should the Freight Forwarder accept the mandate on the basis of incorrect, incomplete or false information then, depending on 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, in case of danger, to destroy them, and the Principal and / or the Shipper shall in such a case be liable to answer for any and all harmful consequences and for the expenses that may ensue in various ways.
The Freight Forwarder may request fees calculated as a flat rate in accordance with Article 1740 c.c., acting in this case as a carrier and not as Freight carrier.
5. Terms of delivery
The Freight Forwarder does not guarantee the respect of deadlines, and therefore cannot be held in any way responsible for delays in the collection and transport and / or delivery of any shipment regardless of the cause of such delays or requests from the Principal for particular yield terms even if shown in the shipping documents.
6. Representations and warranties of the Principal / Shipper
The Principal and the Shipper guarantee and therefore declare:
- that the shipment has been correctly and accurately described in all shipping documents;
- that they have taken note of the goods or assets that the Freight Forwarder has declared unacceptable for carriage, and that they are not
included in the shipment;
- that the nature of the goods, the number, the quantity, the quality, the content of the packages, the gross weight (including the weight of packaging and palette and footprint of the same), the size and any other indication given is true and correct;
- that the packaging and labelling used in relation to goods contained and mode of transport, are acceptable.
The Principal and the Shipper expressly declare to indemnify and hold the Freight Forwarder harmless from any damage, claim or expense of any kind resulting from the breach of the warranties above and the lack, insufficiency or inadequacy of packing, or of not reporting on goods and/or of the necessary precautions for their handling and lifting.
Should the Freight Forwarder be given a mandate to exercise and take care of customs operations, the Principal and / or Sender ensure that the documents accompanying the goods are authentic, complete and free of irregularities, and that the goods correspond rigorously to their description, comply with regulations, are free to export / import, and has been marked correctly.
The Principal and / or the Sender are also required to provide in due time all information, data, customs codes, declarations, and the classes of goods, and all documents necessary to the customs procedures.
In addition, the Principal and / or the Shipper authorise the Freight Forwarder to manage all the shipping data including, if necessary, any so-called sensitive data, in order to allow the Forwarder the processing of all files, including administrative and / or operational procedures, as necessary to fulfil the telematics requirements in order to ensure the best support for shipping.
7. Forwarder Quotes
The Forwarder’s quotes and the agreements on prices and conditions apply only and always to the specified performance and do not include, unless otherwise agreed, additional costs resulting from operations carried out outside normal working hours. Where not otherwise agreed, the agreement is binding only for goods volume, size, weight and quality normal, in relation to the mode of transportation provided.
8. Forwarder advances and receivables
If, by reason of existing agreements, the Freight Forwarder pays for freight, transport fees, rental of containers, duties and charges and other payments in advance, for whatever reason, the Principal and / or the Shipper shall pay the amount due for the advance, interest for any delays, and any losses due to changes in the exchange rate between currencies.
The Principal and / or the Shipper shall fully indemnify the Freight Forwarder from payment requests for freight, duties, taxes, damages, fines or other sums in any capacity required the Forwarder. If the amounts and equiv
alents due to the Forwarder are billed to the customer or third parties, the Principal and / or the Sender remain bound to the immediate payment of the same if for any reason the Forwarder does not receive the timely and spontaneous payment of the amounts owed them.
Unless otherwise agreed, any amount due to the Freight Forwarder may be offset by other amounts claimed from the Sender and / or the Principal, for whatever reason.
9. Right of retention
The Freight Forwarder has the privilege and right of retention on goods and other assets in its possession relating to overdue or due payments against the Principal, the Sender and any other entity with which they have contracted, and can exercise that right even against the Recipient and / or Owner of the goods.
10. Operational exceptions: delay or refusal to load or receive the goods
The Sender and / or the Principal must reimburse and indemnify the Freight Forwarder in respect of any sum due or cost, including stops for transport, including containers, swap bodies and similar, for the return of goods to warehousing, for storage, and subsequent re-delivery.
In case of refusal or unavailability of the recipient, the Forwarder, if promptly informed of the stock and the right to intervene, may take any measures necessary or appropriate for the custody of the goods and their return, acting in the name and on behalf of the Principal and / or the Sender, that is subject to the risk of any loss, damage or subtractions.
11.1 The Freight Forwarder is not responsible for the transport itself, but only for the execution of the mandate, as well as any contingent obligations.
11.2 The responsibility of the Shipper-carrier, when planned and on his part, in relation to any damage and claims emerging from shipping operations and / or transport entrusted, including any technical stops, may not exceed the compensation limit invoked by the main consignor and / or carrier, and due to the uniform rules applicable to each individual shipment or national law applicable to the individual transport and / or delivery, including the Italian law, or the compensation limit applicable and invoked by the carrier who actually performs the transport.
By Technical Stop, we refer to the temporary storing of the goods in an area of ??shelter, for reasons related to the execution or to continue the carriage, or otherwise related to the need to keep the goods during transport or while waiting to make delivery to the carrier or the recipient.
12. Damages incurred in unknown location
In the event that it is impossible to identify the section of the transport process in which the damage or loss occurred, including situations where the damage or loss occurred during a period of storage and / or storage that cannot be configured as a Technican Stop (including therefore free of charge or courtesy warehousing) performed by the Shipper using its own facilities or by its agents, or even to the possibility that the custodian or their auxiliary during the storage and / or handling cannot invoke compensation limits, the maximum limit will be applied of 8.33 SDR (Special Drawing Rights per kilogram of goods lost or damaged.)
13. Indirect damages
These are excluded in every case, and is deemed so also in derogation of Articles. 1223 (and subsequent amendments). Any compensation due from the Shipper for consequential damages (including, but in no way limited to: loss of profit, loss of interest or damage resulting from delays in transport).
In particular, shipments of samples and goods or freight that the client or the sender have expressly indicated for use in trade fairs, exhibitions, events and the like, the compensation (where applicable) is limited to the amount of the freight agreed.
Any claim for loss, misdelivery, failure or damage must be made in writing and sent to the Forwarder strictly within the applicable time limits set out in the uniform regulation or law in Article 11.
If the Principal is going to insure against the risk of damage or loss to the goods, they may instruct the Forwarder to provide insurance coverage on behalf of those responsible. The costs of the aforementioned coverage will then specified in the Shipper’s quote.
In the absence of express instructions from the Principal, any coverage, provided that it was requested, is stipulated only for ordinary risks, in the usual forms of insurance on behalf of those responsible, or on behalf of others, or by subscription. In no case can the Freight Forwarder be regarded as an insurer or co-insurer.
Alternatively, the Principal can make their own provisions to insure the shipment and / or transport, it being understood that in such a case, its policy will contain express renunciation of the right of recourse against the Freight Forwarder by the insurer.
The Freight Forwarder is not obliged to act to provide insurance indemnity, interrupt the limitation period, or perform expert duties, unless appointed to that effect by the Principal in respect of the consideration of an ad hoc agreement.
16. Force majeure
The Freight Forwarder is in no way responsible for any loss, damage, delay, incorrect or non-delivery caused by accident, causes of exemption provided for in the uniform regulation or law referred to in Article 11, or in any event by circumstances outside their control. These include, but are not limited to: a) natural disasters b) cases of force majeure such as war, accidents / breakdowns in transportation or embargoes, riots or civil unrest; c) defects, intrinsic or characteristic of the goods; d) acts, failures or omissions of the Sender, the Recipient, or anyone else with an interest in the shipment, the State Administration, customs, or post office or other competent authority; e) strikes, lockouts or labour disputes.