GENERAL TRADING TERMS AND CONDITIONS TRANSTERRA LOGISTICS (BULGARIA) LTD (V20200601)
I. General Terms and Conditions
These General Trading Terms and Conditions govern the standard content of contracts for transportation services between TRANSTERRA LOGISTICS (BULGARIA) LTD, UIC 1131188409, (here below named as TTLBG) with domicile and registered management office at 21, Tvardishki Prohod Str., Sofia 1424, Bulgaria and its shippers, consignees, clients and subcontractors.
When you order international, inland (road) transportation from TTLBG, you enter into a contract with your rights and obligations and those of TTLBG established in the internal general terms and conditions according to the type of transport.
1. When a written quotation is received by email, the client is obliged to become acquainted with the conditions specified thereto for the organization and conduct of international maritime transport, as well as with the provided general terms and conditions for all accompanying services.
2. The quoted prices are valid for the stated period of validity and only in the case that the container operator is able to provide the necessary empty equipment at the place of loading specified by the client.
3. The Container operator reserves its right, with and without warning, to make changes to the schedule, route and dates of departure of the vessel, arrival at the transshipment port, as well as arrival at the final destination. The carrier does not accept commitments for delivery times and delivery on a fixed date.
4. The delivery of the consignee’s cargo at the final destination is subject to presentation of a complete set of duly endorsed original bills of lading unless there are written instructions for cargo release without the original bill of lading (telex release) or an issued waybill (a bill of lading without the original hard copy).
5. TTLBG, as agent of OCEAN NETWORK EXPRESS PTE. LTD. (here below named as ONE LNE), accept the cargo as submitted by the booking party (the shipper) without verifying the truthfulness and completeness of the declared data for description, quantity, weight, type of package, tariff codes, etc. The booking party (the shipper) is fully responsible for the incorrect or incomplete declaration of the goods indicated in the documents. In case of penalties to TTLBG by the VOCC Vessel Operating Container Carrier – ONE LINE, customs authorities, phytosanitary authorities, as well as any other institutions, the same will be referred to the booking party/consignee/shipper of the transport. Any additional costs incurred as a result of the above will be referred to the booking party/consignee/shipper of the transport.
6. The booking party (the shipper) of the transport bears full responsibility for the stuffing and lashing of the cargo in the container provided to it. Poor arrangement of goods, as well as poor lashing, can lead to container damage, as well as charging of additional fines and fees at the transshipment and final port.
7. The transfer of the cargo to the consignee is made after payment of all amounts due for the organization of maritime transport to the port of destination, local costs as per the quote provided, as well as any additional costs for storage, demurrage, customs inspections, etc., unless otherwise agreed by an agreement signed. All bank charges are at the payer’s expense.
8. TTLBG recommends conclusion of cargo insurance during sea transportation. Where the responsibility of the Forwarder arises from the mandatory provisions of laws and conventions that cannot be amended or cancelled by a contract, the compensation due is determined in accordance with the provisions of those laws and conventions.
In all other cases, compensation for damage from loss of goods and damage to the goods is limited to the stated in the Terms and Conditions of Bill of Lading -Notice of Limitation of Liability/ clause 3.Carrier’s Responsibility, 4. Limitation of Liability and 20. Nuclear Incident and Valuable Goods/.
9. TTLBG reserves its right to make corrections to its quotations in case of occurrence of changes beyond their control regarding the value of the transport service and/or delivery service.
10. In case of incorrectly declared weight of a container for import and export, charges for terminal operations are tripled.
11. For international maritime transport, shippers are required to become acquainted with the general terms and conditions of transport of ONE LINE in accordance to Bill of lading, available on the back of each page of the Bill of Lading for maritime transport . Upon confirmation of the Bill of Lading and acceptance of the container for stuffing, the said terms and conditions are deemed to have been approved and accepted by the booking party/shipper.
12. TTLBG acts as an agent of ONE LINE for all bill of lading’s services provided. For all provided services that are not under bill of lading terms – TTLBG acts as an agent (on behalf ) of sender / recipient.
13. In case that the provided quotation for maritime transport is accepted and the transport is organized, all the above terms and conditions are deemed to have been accepted without question.
II. Additional conditions for organizing international maritime transport for IMPORT
14. The shipping line agent TTLBG notifies in writing (by email) the goods’ consignees as per the bill of lading before the ship arrives at the port of destination, according to the contact forms in the Bill of Lading for maritime transport. The notification of arrival is for informational purposes only and TTLBG bears no responsibility for any costs incurred due to fees for delayed container release. It is the responsibility of every consignee to track and inform themselves about the movement of their goods.
Payment of the import transport and related cost for the offered in international currencies are due according to Invoice issued at rate of exchange ASK of the servicing bank UBB (UNITED BULGARIAN BANK) in the date of vessel arrival at the port of discharge.
15. In case the deadline for providing a description of the goods in Bulgarian language is not met and/or the description required for the customs authorities is provided incorrectly/incompletely, all fines and fees incurred are at the expense of the declarer/consignee of the goods or their representatives.
16. In the event that information and documents are not provided within the statutory period and the customs clearance of the goods is not processed within 90 days, full responsibility is borne before the Customs officials and all expenses incurred in connection with the undertaken measures and actions of the customs officials should be reimbursed to TTLBG under Article 199 of the Union Customs Code (UCC) (Regulation 952/2013).
III. Additional conditions for organizing international maritime transport for EXPORT
17. The shipper as per the bill of lading is obliged to declare in writing before TTLBG the verified gross mass (VGM) of the container, as well as instructions for the bill of lading before discharging of full container at the port of loading and not later than 48 hours before the ship arrival . TTLBG bears no responsibility for incorrectly submitted instructions and VGM.
18. Customs clearance of goods is a responsibility of the shipper unless otherwise agreed.
19. ESD (Exit Summary Declaration) is a commitment of the exporter of the goods unless otherwise agreed. In case of omission, the ESD is submitted by TTLBG, for which a fee of AMS EUR 35/declaration is charged.
20. When using wooden parts and/or packaging, compliance with the international standards for phytosanitary measures ISPM No.15 is the responsibility of the shipper/exporter of the goods.
21. In case of a letter of credit, the requirements for issuing a bill of lading should be negotiated with TTLBG before providing the Booking order and stuffing the container. Otherwise, TTLBG, as well as ONE LINE, are not responsible for any delays in the vessel’s departure or container release.
22. Original Bills of Lading are issued after the vessel’s departure from the port of destination.
23. All payments on the quotation for maritime transport, local fees and other services provided are due prior to the delivery of the original Bill of Lading for maritime transport unless otherwise agreed.
Payment of the export transport and related cost for the offered in international currencies are due according to Invoice issued at rate of exchange ASK of the servicing bank UBB (UNITED BULGARIAN BANK) at the date of vessel departure at the port of loading.
IV. Additional conditions for organizing international maritime transport with specialized equipment – Open top, Flat rack, Reefer containers
24. Rate quotation is valid and applies only to the specified weights and dimensions – L x W x H. The price is subject to update in case of any difference from the dimensions initially stated.
25. Repositioning of empty special equipment by land or sea is performed only upon prior order. In case the booking party cancels its order, all costs for repositioning at the port of loading or the place of loading specified are payable.
26. In case of road transportation of a reefer container, a quotation for transport is drawn up without the use of the GENSET generator to maintain the temperature regime in the container. In case a GENSET is required, this should be requested and paid additionally.
V. Additional conditions for organizing land road transport
27. The quoted prices do not include VAT, which is charged when issuing an invoice according to the requirements of the Bulgarian legislation.
28. The quote for road transport does not include the fees listed below:
28.1. Parking fee on the territory of the customs offices
28.2. Costs for loading and unloading activities
28.3. Services of customs clearance of goods
28.4. A fee for keeping the vehicle outside the hours provided for loading and unloading and customs clearance of goods
28.5. Fees for customs inspections at border crossing points, starting or ending points of loading/unloading operations, as well as any other additional fees incurred during the inspection of the goods by customs and/or border officials
28.6. Cargo insurance during carriage by road
29. Payment for road transport is made when issuing an invoice, prior to the carriage unless otherwise agreed.
30. All bank charges are at the payer’s expense.
31. The maximum permissible gross weight of the freight is indicated in the road freight transport quote. In case of exceeding it, an increase shall be charged in accordance with the regulation concerning the charges for exceeding the maximum permissible laden weight of vehicles.
32. The quotation implies free access and normal accessibility of heavy goods vehicles at the loading and delivery addresses. In the cases of restricted access and specific location features that impede access and require additional transport arrangements, the quotation is subject to update, according to the conditions of the loading and delivery locations.
33. The deadlines provided for stuffing and stripping containers are stated in the Transport (Haulage) Order for carriage by road, which serves as a written contract between TTLBG and the TRANSPORT BOOKING PARTY (consignee/shipper and/or its representatives). Signing the Trucking order is considered as acceptance of the terms and conditions and the prices mentioned therein and it is not subject to contest afterwards.
34. All available import and export free periods and fees for standard and special equipment are valid according to the current tariff of ONE LINE , Information on the current tariffs and conditions is available online and is sent to each client along with an arrival notice.
35. All goods that are considered and transported as hazardous under the ADR Convention must be properly packed, labelled, marked and with the necessary documents in accordance with the requirements of the current international and national regulations. The shipper/sender is obliged to provide complete and correct information on hazardous goods according to Chapter 126.96.36.199 of the ADR Convention. In case of non-compliance with the regulatory requirements concerning the processing and transportation of hazardous goods, TTLBG reserves its right to refuse transport and to claim reimbursement of additional costs incurred and/or financial penalties received.
36. The General Trading Terms and Conditions of TTLBG are an integral part of the provided quotation for organizing international transport and are provided by a direct link in the e-mail of each employee of TTLBG, as well as published online at www.bg.ttlog.eu
VI. Additional conditions for the provision of container equipment for merchant transport / Merchant Haulage /
37. The provision of container equipment to ONE LINE for transportation is made against payment of an administrative fee and a Letter of Warranty for the provided equipment, signed and stamped by an authorized representative of the trader-consignor / consignee under the Bill of Lading.
38. The liability of the carrier ONE LINE for the cargo shall end at the time of taking the order for dispatch upon import.
39. Empty container equipment shall be returned in the same condition in which it was received at the designated port / depot. In case of damage, absence or total loss, the terms of the Letter of Guarantee apply and the provided deposit, if any, is retained.
40. Empty equipment after the provision of transport for importation must be returned in a clean form, free from residual odors, packaging, reinforcing materials and property stickers. Failure to follow the instructions may result in the following additional fees such as a Fee for a heavily soiled / greasy container requiring dry cleaning in the amount of EUR 35.00 / container and / or a fee for removing IMO stickers EUR 35.00 / container.
41. Empty equipment when providing transport for export is accepted at the specified point – port depot. If damage is found, you should notify us immediately and do not accept the provided equipment.
42. All costs of retaining the container equipment shall be paid in accordance with the demurrage / denunciation clause of the carrier ONE LINE.
VII. Settlement of Disputes
43. All disputes will be dealt with in a spirit of understanding and goodwill. In cases where this is not possible, they will be referred for settlement in accordance with the Bulgarian legislation. The booking party/consignee/shipper and/or their authorized representatives, being acquainted with these General Trading Terms and Conditions, hereby declare their explicit consent for disputes arising to be under local jurisdiction and the provisions of Art. 117, par. 2 in conjunction with Art. 105 of the Civil Procedure Code, namely in case of a dispute arising, the parties explicitly declare that there is contractual local jurisdiction and competency with the court in the territory of Sofia, at the domicile of TTLBG, regardless of its capacity in the proceedings – as a plaintiff or defendant.
When ordering transportation by TRANSTERRA LOGISTICS (BULGARIA) LTD, as an agent of OCEAN NETWORK EXPRESS for Bulgaria, the shipper, the consignee or its representative, hereby declares that it has read these General Trading Terms and Conditions and agrees to comply with them.