Terms and Conditions of Carriage
These General Conditions govern (unless otherwise expressly agreed in writing between the parties) the obligations arising from contractual relationships concluded with SIV CARGO s.r.l. and from acts or facts carried out by employees, agents, and representatives of the latter. These General Conditions also define, to the extent and in the manner provided, the liability of SIV CARGO s.r.l.
In these General Conditions, the following terms have the meanings specified below:
The Principal expressly accepts, whether acting on their own behalf or on behalf of others in the conclusion of the shipping and/or transport contract, that these General Conditions fully and unconditionally apply to all contractual relationships with the Freight Forwarder, as well as to all actions and claims, including non-contractual ones, against the latter.
The Freight Forwarder, by virtue of the mandate received, usually in writing, will arrange for the conclusion of the transport contract as well as the performance of ancillary operations, acting with the necessary discretion, with the ability to consolidate the shipment of goods with others (unless otherwise instructed in writing), always operating with the utmost diligence. Unless explicitly stated otherwise in writing, the Freight Forwarder does not accept to perform shipping and/or transport activities related to dangerous goods that may harm people, animals, other goods, or objects, or are subject to deterioration, lack packaging, or have insufficient/inadequate packaging, as well as valuables, currencies, precious goods, or works of art. Dangerous goods, by way of example and not limitation, are those classified as dangerous by IATA, IMO, ICAO, or contemplated in the ADR/RID regulations.
The Freight Forwarder, unless otherwise agreed in writing with explicit indication of stops including loading and unloading activities, does not accept to perform shipping and/or transport activities related to goods with pickup and/or delivery in remote locations or areas with restricted access (e.g., ZTL, historic centers, private residences not adequately equipped with maneuvering and/or parking space, etc.).
If such goods are entrusted to the Freight Forwarder without prior consent, or if the Freight Forwarder accepts the mandate based on incorrect, incomplete, or untruthful information regarding the nature or value of the goods, the Freight Forwarder has the right to terminate the contract or, if circumstances require, to refuse, store, or otherwise dispose of the goods, or even, in case of danger, to proceed with their destruction. In such cases, the Principal and the Shipper are jointly liable for all damages and expenses that may arise in any capacity.
The Freight Forwarder never guarantees transit times, which are always to be understood as purely indicative and subject to possible variations based on the decisions and availability of carriers, nor compliance with any delivery terms. Therefore, the Freight Forwarder cannot be held responsible for delays in shipping, regardless of the cause of such delays or requests from the Principal for specific delivery terms, even if stated in the shipping documents.
The Principal and the Shipper guarantee and declare:
– that the shipment has been correctly and accurately described in all transport documents;
– that they have acknowledged the goods or items that the Freight Forwarder has declared unacceptable for transport and that such items have not been included in the shipment;
– that the nature of the goods, the number, quantity, quality, content of the packages, gross weight (including the weight of packaging and pallets and their dimensions), and all other provided information are truthful and correct;
– that the packaging and labeling used, in relation to the goods contained and the mode of transport, are deemed suitable.
The Principal and the Shipper expressly declare to indemnify and hold the Freight Forwarder harmless from any damage, claim, charge, liability, or expense of any nature that may arise from the violation of the above warranties, as well as from the lack, insufficiency, or inadequacy of the packaging, or from the failure to indicate on the goods and packages the necessary precautions for their handling and lifting. If the Freight Forwarder is entrusted with the mandate to carry out and oversee customs operations, the Principal and/or the Shipper guarantee that the documentation accompanying the goods is authentic, complete, and free of irregularities and that the goods strictly correspond to the described type, comply with current regulations, are freely exportable/importable, and comply with marking requirements.
The Principal and/or the Shipper are also required to provide in a timely manner all information, data, customs codes, tariff headings, and classification of the goods, as well as all documents necessary to carry out customs operations.
Furthermore, the Principal and the Shipper authorize the Freight Forwarder to manage all shipment data, including any data that may be considered sensitive, to enable the Freight Forwarder to handle all administrative and/or operational procedures necessary to ensure the best assistance for the shipment.
The Freight Forwarder’s quotations and agreements regarding prices and conditions refer only and always to specified services and do not include, unless otherwise specifically agreed in writing, additional costs, including those resulting from operations performed outside normal working hours. Unless otherwise agreed, they are binding only for goods of normal volume, size, weight, and quality, in relation to the planned mode of transport.
Any delayed payment of even a single invoice issued by the Freight Forwarder authorizes the latter to automatically revoke any benefits of terms and demand immediate and on-sight payment of all issued invoices.
The dimensions and related calculations provided, if any, are to be considered purely indicative, as weights and dimensions (volumes) recorded on the waybill/transport document (e.g., AWB, HBL) or measurements taken by the Carriers in their warehouses or by the Freight Forwarder in their warehouses will prevail.
Goods not fully enclosed in external packaging or where the latter is made of materials other than corrugated cardboard, including but not limited to metal, wood, fabric, leather, plastic, or expanded polystyrene, may incur additional costs according to the Carriers’ transport conditions.
Goods enclosed in circular or cylindrical packaging, including but not limited to tubes, cans, buckets, drums, tires, barrels, or polystyrene cylinders, may incur additional costs according to the couriers’ transport conditions.
The quotations include the following allowances:
LAND TRANSPORT ALLOWANCES
Allowance:
Full truckload/groupage: 1 hour loading + 1 hour unloading
Partial truckload/groupage: 30 minutes loading + 30 minutes unloading
MARITIME TRANSPORT ALLOWANCES
Standard containers 20’ box / 40’ box / 40’ hc / 20’ otig / 40’ otig: 2 hours loading
Special containers 20’ ot over gauge / 40’ ot over gauge / flat rack in or out of gauge: 1 hour loading
Any stops beyond the allowance: to be agreed upon.
All quotations may be subject to changes at any time, which will be promptly communicated, in relation to fuel cost trends, exchange rates, changes in trucking, rail, maritime, air, customs, and insurance tariffs, pandemic and epidemic management costs, as well as other unforeseeable cost variations. In these cases, the established offers will be subject to modifications, which will be promptly communicated. For the months of July, August, and December, the offer is subject to confirmation for availability.
If, as a result of existing agreements, the Freight Forwarder advances freight charges, transport fees, container rentals, duties, and expenses, or other sums for any reason, the Principal and/or the Shipper are required to pay the corresponding amount for such advance, interest for any delays, and any losses due to exchange rate fluctuations between currencies.
The Principal and/or the Shipper are required to fully indemnify the Freight Forwarder from payment requests for freight charges, duties, taxes, contributions for general average, fines/penalties, or other sums requested from the Freight Forwarder by private entities or Authorities. If the sums and fees owed to the Freight Forwarder are charged to the consignee or third parties, the Principal and/or the Shipper remain liable for immediate payment if, for any reason, the Freight Forwarder does not receive timely and spontaneous payment of the sums owed.
Unless otherwise agreed, no amount owed to the Freight Forwarder may be offset against other amounts claimed by the Shipper and/or Principal for any reason.
The Freight Forwarder has, against the Principal, the Shipper, and any other contracting party, a lien and right of retention on goods and other items in its possession in relation to overdue or due credits and may assert this right also against the consignee and/or owner of the goods.
The Shipper and/or the Principal are required to reimburse and indemnify the Freight Forwarder for any sum or cost arising from the assignment, including costs for transport vehicle stops, storage of containers, mobile boxes, and similar items, costs for returning goods to the warehouse, for storage, and subsequent redelivery. In the absence of a different agreement, the above-mentioned stop and/or storage costs will be charged based on what is charged to the Freight Forwarder by the respective transporters/shipping companies, etc.
In case of refusal or unavailability of the consignee, the Freight Forwarder, if promptly informed of the storage and authorized to intervene, has the right, but not the obligation, to take appropriate measures for the custody of the goods and their return, acting at the expense and in the name and on behalf of the Principal and/or the Shipper, who bear entirely the risk of any losses, damages, or thefts, as well as all accruing costs.
In case of changes in the quantity of goods that make it impossible to carry out the transport order as requested and scheduled, or in case of cancellation or suspension of the order, the Freight Forwarder reserves the right to withdraw from the contract at any time with the following cost charges:
Standard non-exceptional goods:
100% of the transport cost within 72 hours of loading
80% of the transport cost on the fourth and fifth calendar day before loading
50% of the transport cost in all other cases
Exceptional goods:
70% of the transport cost at the time of confirmation
85% of the transport cost from the eighth calendar day before the loading date
100% of the transport cost up to 7 calendar days before the loading date
(valid for all types of transport)
12.1 The Freight Forwarder is not responsible for the execution of the transport but solely for the execution of the mandate received, as well as any ancillary obligations.
12.2 The Freight Forwarder’s liability, if agreed upon and attributable to them, in relation to any damage and compensation claims arising from the shipping and/or transport operations entrusted, including any technical stops, cannot exceed the compensation limit that can be invoked by the carrier under and by effect of the applicable regulations for the type of transport during which the damage and/or disruption occurred.
A technical stop refers to the stop of goods in a storage area, warehouse, terminal, or other shelter area, for reasons related to the execution or continuation of the transport, or in any case linked to the need to store the goods during transport or while waiting for delivery to the carrier or consignee.
In the event that it is impossible to identify the leg of the transport during which the damage or loss occurred, as well as in the event that the damage or loss occurs during a storage and/or deposit phase not classifiable as a technical stop (including, therefore, storage free of charge or as a courtesy) carried out by the Freight Forwarder using its own facilities or by its auxiliaries, or in the event that the depositary or auxiliary during the storage and/or handling phase cannot invoke compensation limits, the maximum limit of 1 Euro per kilogram of gross weight of lost or damaged goods will apply, except in cases of willful misconduct or gross negligence.
14. Indirect Damages
In any case, compensation for indirect damages (such as, by way of example and not limitation: loss of profit, loss of interest, or damages/penalties resulting from delays in the execution of the transport) is excluded, and this is also provided in derogation of Articles 1223 et seq. of the Italian Civil Code.
In particular, for shipments of samples and goods or merchandise that the Principal or Shipper has expressly indicated as intended for fairs, exhibitions, events, and the like, compensation (if due) is limited to the amount of the agreed freight.
If the Principal intends to insure the risk of damage or loss to the goods, they may mandate the Freight Forwarder to arrange insurance coverage on behalf of the entitled party. The costs of such coverage will, in this case, be specified in the Freight Forwarder’s quotation. In the absence of explicit instructions on the type of coverage from the Principal, any coverage, if requested, will be arranged only for ordinary risks, in the usual forms of insurance on behalf of the entitled party or on behalf of others or under subscription. In no case can the Freight Forwarder be considered as an insurer or co-insurer.
Alternatively, the Principal may directly insure the shipment and/or transport, provided that, in such a case, the related policy must contain an express waiver of subrogation rights against the Freight Forwarder by the insurer.
The Freight Forwarder is not obliged to act to obtain the insurance indemnity, interrupt prescription terms, or handle the survey activity, unless specifically instructed to do so by the Principal against a fee to be agreed upon ad hoc.
The Freight Forwarder is in no case responsible for losses, damages, delays, incorrect or failed deliveries caused by fortuitous events or acts of third parties, including the Carrier, exempting causes provided in uniform or statutory regulations under Article 12, and in any case by circumstances beyond its control. These include, by way of example and not limitation: a) natural disasters; b) force majeure events such as wars, accidents/damages to transport means or embargoes, unplanned or uncommunicated route or destination changes to the Freight Forwarder at the time of the transport commission, riots, or civil unrest; c) defects, intrinsic characteristics, or flaws of the goods; d) acts, omissions, or failures of the Shipper, the appointed Carrier, the consignee, or anyone else with an interest in the shipment, the State Administration, customs or postal authorities, or other competent Authorities; e) strikes, lockouts, or labor disputes, thefts, or robberies.
Any dispute relating to this contract will be under the exclusive jurisdiction of the Court of Vicenza.