about Transport Contracts, Concluded between Act Logistics AD and Transporters
These General Conditions regulate relations, arising between Act Logistics AD as forwarder and transporters, regarding conclusion, implementation and termination of transport contracts within the meaning of Art. 367 and following of the Commercial Code (CC).
These General Conditions shall become obligatory for transporter when it:
1.2.1. declares in writing that they are accepted;
1.2.2. is a trader within the meaning of CC and it has known or has been obliged to know them.
In case of inconsistency between the agreed in the transport application-contract and the General Conditions, the agreed has priority.
2. Transport Contract
2.1.1. Forwarder initiates conclusion of transport contract by sending to transporter transport application-contract via fax, e-mail or regular delivery by hand. This action serves as a proposal within the meaning of CC.
2.1.2. Transport contract shall be considered concluded with the fact of exchanging transport application-contract by fax or e-mail – sent by transporter and signed by its representative/employee.
2.1.3. In case transporter does not refuse the proposal within the meaning of art. 2.1.1 within 1 (one) hour after receiving, then transporter silently accepts it and the transport contract is considered concluded from this moment.
2.1.4.Upon confirmation of transport application-contract transporter shall provide to forwarder information about name, last name, mobile phone number of the driver/drivers, who are to perform the transport.
2.1.5. Transport application-contract is not necessary to be in writing, but it is recommended form of proof for the transport contract and it is approved as such in the usual commercial practice.
2.2.1. Transport application-contract may include details of: type/register number of vehicles, transport performers; date and address of loading; customs of departure; weight/volume/loading meters of cargo; ADR class; term of delivery; delivery address; import duty; size/payer/payment rules of agreed freight price; transporter’s obligations; and additional requirements.
2.2.2. Details according to art. 2.2.1 are not exhaustive and forwarder can include or exclude data whenever it is considered necessary.
2.2.3. It is forbidden for transporter to provide or show in any way the content of the transport application to the driver/drivers, engaged with the transport, while loading, unloading or performing transport.
3. Obligations of Transporter
3.1. Providing Transport
3.1.1. Transporter shall provide vehicle (truck/trailer) in good technical condition with undamaged floor and canvas, equipped for the particular needs of the transport with enough belts for better reinforcement, with anti-slip pads, backing corners, helmet, glasses, shoes with metal protection, gloves and everything usually needed for safety of cargo, driver and third parties.
3.1.2. Transporter shall provide undamaged canvas/cover and clean loading places of the vehicle.
3.1.3. Transporter shall provide vehicle with all necessary transport documents, valid insurance “Transporters Cargo Liability” for the term of the contract with limit of liability not less than 8.33 Special Drawing Rights (SDR) per kilogram gross weight of cargo according the requirements of CMR Convention and shall provide copy of the insurance policy to forwarder.
3.1.4. In case transporter has not provided vehicle according to the requirements of art. 3.1.1, art. 3.1.2 and according to the additional requirements of forwarder, then it is considered that the vehicle has not been provided in time.
3.1.5. Upon confirmation of the application-contract, transporter shall explicitly confirm registration number of the vehicle with which the transport shall be performed, and if there is any change in registration number, it shall immediately inform forwarder in writing.
3.2. Loading Obligations
Transporter shall do trough its drivers the performance of the following obligations:
3.2.1. Watch for the strength of packages and number of parcels loaded.
3.2.2. Give instructions for load arrangement inside the loading compartment, and is responsible for the loading of goods to be carried out so the goods are safely strengthened and are to remain undamaged during transportation.
3.2.3. In case of damaged packaging, impossibility for counting or discrepancy between the number of actually placed parcels and those listed in CMR-consignment note, as well as in case the driver is denied access to the loading compartment or his instructions for loading are not followed, the driver shall put his remarks in column 18 of the CMR – consignment note.
3.2.4. Inform forwarder immediately in case of discrepancy between requested and really loaded quantity.
3.2.5. It is not permitted reloading in other vehicles without forwarder’s approval.
3.2.6. It is forbidden additional loading when transporting complex cargos.
3.3. Notification Obligations
Transporter shall notify forwarder immediately and in writing in following cases:
3.3.1. Every working day until 10:00 am about vehicle location and estimated time of arrival at customs or unloading point.
3.3.2. About detected inconsistencies between provisions of transport contract, consignment note and accompanying cargo documents, markings and weight and in this case transporter shall not start transport without explicit written permission of forwarder.
3.3.3. About any arising circumstances which may hamper or delay loading or delivery.
3.3.4. About any additional costs, regarding transport. Forwarder shall bear additional costs only if they are justified and agreed explicitly to be born.
3.3.5. In case of actual violation of agreed term for loading or delivery.
3.3.6. About expected date and hour of arrival of the vehicle and at least 1 (one) day prior to unloading day till 12:00 am local time.
3.3.7. In case of any problems that impede or could impede complete, accurate or timely performance of the transport.
3.4. Duties during Transport
Transporter has the following duties during transport:
3.4.1. Shall provide every day till 10.00 am local time and immediately upon forwarder’s request complete and accurate information about vehicle location, cargo condition and forecast about date and time of arrival at customs or unloading point.
3.4.2. Shall care and protect the cargo with the care of the good transporter, doing all normal and possible efforts for ensuring security and integrity of the cargo.
3.4.3. Shall execute legitimate orders of forwarder, regarding transport and cargo security.
3.4.4. Shall use for night stay, whenever possibleq security parking lots, certified according to the standards of the European Secure Parking Organization unless forwarder has given different order. Driver must provide explicit entry of loading composition in parking book/register and must not leave the vehicle without reliable permanent control.
3.4.5. Shall not give the cargo to other transporters without explicit forwarder’s permission, otherwise transporter shall be responsible for other transporters’ actions as for its own until completion of the transport.
3.4.6. Shall prevent vehicle overloading during transport without explicit forwarder’s instructions.
3.4.7. Shall follow sequence of loading-unloading points, specified in the application-contract.
3.4.8. Shall not deliver the cargo to address different from the specified in the application-contract, without having received preliminary, explicit forwarder’s instructions.
3.4.9. When unloading, in case of objections in the consignment note about any cargo loss or damage, the driver shall not leave unloading point or place of accident without protocol of emergency commissioner/agent or without explicit forwarder’s order.
3.4.10. Shall ensure that the driver hands over correctly the documents from loading to unloading address.
3.4.11. Shall ensure that the driver keeps personally all customs, commercial and other documents of transported goods and carries them with himslef throughout transport duration, including necessary cases of leaving the vehicle in a parking. The driver can hand over these documents only to such persons, who he has understood precisely about that they are entitled to receive the documents and can perfom and/or perform their accurate processing.
3.4.12. Shall ensure that the driver follows all applicable legal requirements about working hours, driving hours, breaks and stay. Transporter does declare complete understanding and strict compliance with all legal acts in force, regarding that matter and particularly: Regulation/EC/561/2006 and Regulation/EC/3281/1985.
3.4.13. Shall ensure that the driver follows strictly all applicable legal requirements and forwarder’s written instructions about transportation of dangerous cargos (ADR).
3.4.14. Transporter has no right under any circumstances to hold, pledge and/or dispose with the cargo.
3.5. Obligations Regarding Smuggling
Transporter has the following obligations, regarding prevention of smuggling attempts:
3.5.1. If the vehicle is sealed with customs seal, it can be removed only by customs officer in receiving customs bureau and/or by cargo receiver at unloading place.
3.5.2. Driver must not allow contraband goods (cigarettes, alcohol, etc.) or unauthorized persons in the driver’s cabin or vehicle loading compartment.
3.5.3. In case of suspicion of smuggling, transporter shall notify immediately forwarder and in writing.
3.5.4. Only described in transport documents cargo must be in the loading compartment.
3.6. Obligations Regarding Customs Rules
3.6.1. Transporter is obliged to follow all customs requirements in force in the country and abroad, and shall bear complete responsibility for any errors and damages, occurred for reason of lack of knowledge or violation of applicable customs rules.
3.6.2. Upon import/export of goods from/out of customs territory of European Union, transporter must apply electronically correct summary declaration for import/export (SDI/SDE) to customs authorities. Deadline for application of SDI/SDE is at least 1 hour before arrival of the goods at particular customs office of entry/exit of the Community.
3.6.3. In case that forwarder is claimed for failure/delay or other claims, caused by the fact that transporter has not applied or has applied wrong, incomplete or incorrect SDI/SDE, then these claims shall be transferred in retrogression to transporter and latter shall bear responsibility for relevant damages, subject of the claims.
3.7. Additional Obligations
3.7.1. Transporter shall not negotiate and establish contractual relations about transportation or other similar business deals with forwarder’s customers. In case of violation of this rule, transporter shall pay penalties under art. 4.2.5 and 4.2.6.
3.7.2. All information about the transport contract is strictly confidential and transporter must not disclose it for third parties, unless it is required by imperative rules of Law.
4. Transporter Responsibility
4.1. Basic Responsibility
4.1.1. Transporter is responsible for total or partial loss or damage of cargo from the moment of its acceptance for transportation until the moment of delivery, as well as for delivery delay.
4.1.2. All damages and costs (sanctions, fees, taxes, penalties and compensations due to private persons or state), arisen for forwarder or third person as a result of violation of obligations by transporter or by other transporters, engaged by it, shall be immediately paid/reimbursed by transporter upon forwarder’s request.
4.2. Special Responsibility
Transporter shall pay to forwarder the following punitive penalties for violation of obligations by virtue of this contract:
4.2.1. In case of failure to provide vehicle on time according to the rules under art. 3, transporter shall pay penalty in the amount of BGN 400 (four hundred levs) per day for each vehicle.
4.2.2. In case of unreasonable cancellation of started transport, transporter shall pay penalty in the amount of the agreed freight.
4.2.3. In case that at loading/unloading address has shown up vehicle, or later is realized that the cargo has been loaded to vehicle, with register number different from the originally requested, transporter shall pay penalty in the amount of BGN 100 (one hundred levs), and forwarder has right to burden transporter with all financial claims of forwarder’s clients, arisen from wrongly filed registration number.
4.2.4. In case of failure to comply with delivery term, transporter shall pay penalty in the amount of BGN 400 (four hundred levs) for each started day of delay.
4.2.5. If case of violation of the ban for negotiation with forwarder’s customers according to art. 3.6.1 within 12 (twelve) months from the date of signing of the transport contract, transporter shall pay penalty in the amount of the agreed freight for each separate violation, plus the cost of the direct damages and missed profits for forwarder.
4.2.6. In case of violation of the confidentiality clause under art. 3.6.2, transporter shall pay penalty in the amount of the agreed freight.
4.2.8. In case of non-compliance with specified unloading place under art. 3.4.7, transporter shall bear full responsibility for eventual damages or harmings, caused to the cargo, as well as pay penalty in the amount of the agreed freight.
4.2.9. In case of failure of delivering in time of obligatory documents under art. 6.2., transporter shall pay penalty in the amount of BGN 50 (fifty levs) for each delayed document.
4.2.10. In case of violation of the under art. 2.2.3 not to present or show the application-contract to the driver/drivers, transporter shall pay penalty in amount of BGN 500 (five hundred levs) for each single violation.
4.3. Penalty Payment
4.3.1. All penalties regulated here have punitive character and are due separately from compensation for actual damages, incurred by forwarder as a result of transporter’s delay/violation.
4.3.2. Transporter is obligated to pay due penalties for invoice, report or payment notification by forwarder, and forwarder can also deduct them from its own duties to transporter.
4.4. Right to Withhold Payment
With acceptance of the particular application-contract transporter agrees that in case of claim for losses and/or damages or any other discrepancies in terms of the transport, forwarder can withhold payment of any or all due sums to transporter until clarifying circumstances of the case. After clarification of the case and signing of bilateral protocol/report, which governs all financial relationships, forwarder shall pay all due sums to transporter within 5 (five) working days, and the claim sum shall be deducted.
5. Obligations of Forwarder
5.1. Basic Obligations
5.1.1. Pay the agreed freight for performed transport, according to the rules, regulated in these general conditions and relevant application-contract.
5.1.2. Provide to transporter timely and correctly all necessary instructions, regarding performance of application-contract.
5.2. Additional Obligations
All information about transport contract is strictly confidential and forwarder shall not distribute it to third parties, unless required by imperative rules of Law.
6. Payment Rules
6.1.1. For each transport, transporter shall send to forwarder 2 invoices (1 original and 1 copy).
6.1.2. The invoice shall comprise: number of application-contract; CIdN and VAT number of forwarder and transporter; bank account.
6.2. Obligatory Documents
Forwarder shall pay the agreed freight upon receiving of certain documents depending on the type of assigned transport:
6.2.1. For transport between countries – members of the European Union: 1 original invoice, 1 copy of the invoice, 1 original СМR, 1 copy of the СМR (signed and stamped by the recipient).
6.2.2. For transport between countries from which at least one is not a member of the European Union: 1 original invoice, 1 copy of the invoice, 2 originals of the СМR, copy of TIR CARNET (or another Т-document – signed and stamped by receiving customs).
6.2.3. For transport between countries – members of the European union – with transit through country which is not a member of the European Union: 1 original invoice, 1 copy of invoice + 1 original СМR, 1 copy of СМR + copy of TIR CARNET with signed in it number of T2L (or another T-document, stamped from the receiving customs).
Obligatory documents must be sent to forwarder not later than 20 (twenty) days since delivery date.
6.3. Agreed Freight
6.3.1. Forwarder shall pay to transporter price for transport /agreed freight/, whose amount shall be negotiated for each particular case.
6.3.2. Forwarder has right to require and receive from transporter discount in amount of 4% (four percent) of the agreed freight, but not less than BGN 30 (thirty levs), only if forwarder has paid the agreed freight not later than 10 (ten) working days, counted from the later of the two dates – of receiving of the original invoice and of signed original and clean international consignment note CMR (clear means without notes).
6.4. Payment Term
Payment term shall be agreed for each transport in application-contract and it is usually 45 (forty five days), counted from receiving date of all required documents under art. 6.2.
6.5. Manner of payment
Forwarder shall pay to transporter the agreed freight via bank transfer to bank account, provided by transporter.
7. Final Rules
These rules are approved by the Executive Director of Act Logistics AD and can be amended in any time in accordance with Law and usual commercial practice.
7.2. Applicable Law
For all issues not regulated by these general conditions there shall be applied the provisions of application-contract, Convention about Contract for International Transport of Goods by Road (CMR Convention), Convention about International Transport of Goods under Cover of TIR Carnets (TIR Convention), European Agreement about International Transport of Dangerous Goods by Road (ADR Convention), Commercial Law, Road Transport Act, General Trading Conditions of Bulgarian National Forwarders Association.
All disputes, regarding transport contract shall be referred by forwarder’s choice to the Arbitration Court at the European Judicial Chamber in Sofia in accordance with its Rules or to the competent court in Sofia, Republic of Bulgaria.
Approved by: ……………………………………….