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ПОЛЕЗНАЯ ИНФОРМАЦИЯ

APPROVED:
by the resolution of AIFFU General meeting
Protocol № 9 dated April 17,2007


GENERAL CONDITIONS OF AIFFU FREIGHT FORWARDING ACTIVITIES

General conditions of AIFFU freight forwarding activities (hereinafter referred to as the Conditions) govern the activities of AIFFU members on organization of goods transportation and are applicable in case they are referred to in a contract of freight forwarding services, in instructions to a freight forwarder or in FIATA documents. By making such references the Parties agree to accept the provisions of these Conditions as obligatory additional conditions to the contract of freight forwarding services. In case some contract provisions do not correspond to these Conditions, the provisions of the contract will be valid.

Chapter 1

1. ORDER TO THE FREIGHT FORWARDER.

1.1.
Order to the freight forwarder - a document issued to the freight forwarder by a customer, containing instructions on organization and ensuring of international transportation, being either an integral annex to the contract of freight forwarding services, or another single agreement for rendering freight forwarding services.

1.2. Order to the freight forwarder can contain instructions concerning:
  • Goods transportation;
  • Route of transportation;
  • Subject of transportation, goods quantity (weight), additional requirements for transportation;
  • Goods storage;
  • Other services related to goods transportation and storage:
    • Assistance at goods customs clearance;
    • Goods processing and marking;
    • Insurance execution;
    • Consultations on transport issues;
    • Other services not prohibited by current legislation.
  • Cost of services (price agreement).
II. EXECUTION OF ORDER TO THE FREIGHT FORWARDER ACCORDING TO THE CONTRACT OF FREIGHT FORWARDING SERVICES.

2.1.
Customer passes to the freight forwarder the right to manage the cargo within the bounds of the order, provides documentation and instructions necessary for contract performance, and the freight forwarder undertakes obligations on cargo delivery in accordance with the instructions received.

2.2. Freight forwarder does not guarantee the exact date of cargo dispatch and delivery, if other hasn't been specially stipulated before.

2.3. Transfer of instructions necessary for performance of contract conditions to the freight forwarder is confirmed in the contract of freight forwarding services or in the order to the freight forwarder.

2.4. If at any time of performance of the work by the freight forwarder any hindrances or risks arise or may really arise, which are not a consequence of any fault or neglect on the part of the freight forwarder and which can not be avoided by exercise of reasonable efforts, the freight forwarder may refuse from further performing the contract and make the cargo available to the customer at a place which the freight forwarder may deem safe and convenient. In this case the customer pays to the freight forwarder for the work actually performed and compensates for any additional expenses incurred.

III. RIGHTS AND OBLIGATIONS OF FREIGHT FORWARDER

3.1.
Freight forwarder has a right to: 3.2. Freight forwarder is obliged:
  • to notify the customer about incompleteness of information or documents received and to demand their presentation;
  • in case of arising material damage for the customer - to notify him immediately thereof and to coordinate with him all steps necessary for getting the compensation,
  • to issue a claim to a third party by whose fault the damage has occurred , in the order provided for by the legislation of Ukraine,
  • to confirm all unexpected expenses connected with execution of the contract of freight forwarding services by appropriate documents.
IV. Freight forwarder's liability

4.1.
Liability of the freight forwarder applies in case of his direct fault in breaking the terms of the contract that can be manifested in non-performance or improper performance of his obligations under the contract, not taking necessary measures that caused a material damage for the customer. In such a case the freight forwarder is obliged to compensate the customer expenses and damages to the goods, as well as direct financial expenses which appeared as a result of breaking by the freight forwarder of his obligations on ensuring goods transportation.

4.2. Freight forwarder bears responsibility as a carrier when he performs transportation by himself with his own transport means (actual carrier) as well as if he had issued his own transport document or in other way assumed the responsibility for transportation and it was included in the contract (contract carrier), and performs transportation with transport means chartered by him for carriage.

4.3. Scope of liability.

4.3.1. It is freight forwarder's liability to deliver the goods and ensure its safety. The scope of liability, according to the quantity (weight) of lost or damaged goods, is determined by the norms of international law, Ukrainian legislation, contract of freight forwarding services and may not exceed total market value of the goods as at the time when the freight forwarder assumed responsibility.

4.3.2. Freight forwarder is liable for acts and omissions of third parties, hired by him for performance of the contract of transportation or rendering other services, in the same way as for his own improper acts.

4.3.3. Freight forwarder is not liable for:
  • any delay in delivery during performance of the contract, if other is not expressly agreed;
  • acts of state control bodies (border, customs, veterinary, phyto-quarantine, ecological, sanitary) if freight forwarder asked for and customer has submitted all documents necessary and sufficient for these bodies to perform their duties;
  • any fault or neglect of the customer concerning instructions on a specific transportation, as per the provision in paragraph 1 of Article 5.2. of General Conditions;
  • handling, loading-discharge of the goods or stevedoring done by the customer himself or by anyone acting on his behalf and in his interests;
  • lack or non-correspondence of the packing to the standards unless it is the obligation of the freight forwarder according to the contract of freight forwarding services;
  • valuables or dangerous goods if freight forwarder hadn't been informed thereof at the time of conclusion of the contract of freight forwarding or the order to the freight forwarder;
  • increased vulnerability of the goods and its susceptibility to deterioration, namely rotting, evaporation, high sensitivity to cold, heat, moisture, etc., unless the freight forwarder had been informed by the customer about these properties of the goods in the instructions according to the contract of freight forwarding services;
  • circumstances which freight forwarder could not avoid and consequences of which he could not foresee (force majeure circumstances);
  • indirect losses such as lost profit, loss of market, etc.
4.4. Freight forwarder shall be discharged of any liability under the contract of freight forwarding services and these Conditions unless a claim is asserted to him within 6 months after delivery of the goods or after the date when the goods should have been delivered.

V. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

5.1.
Customer has all the rights provided for by legislation and by norms of international law regulating freight forwarding activities as well as specified in the contract of freight forwarding services.

5.2. Customer is obliged: 5.3. Customer shall transfer any information or instructions to the freight forwarder in written only.

5.4. At freight forwarder's request, customer pays him for freight forwarding services if the freight forwarder is able to prove that not his fault entailed goods delay, damage to or loss of the goods.

5.5. Customer has no right to require from the freight forwarder to perform actions not provided for in the contract of freight forwarding services and instructions attached thereto.

5.6. In case of any change in the nomenclature of goods, destination or dispatch country or other terms and conditions, customer shall promptly notify the freight forwarder thereof. Otherwise, all losses related to absence of such information are chargeable to customer's account.

VI. CUSTOMER'S LIABILITY

6.1.
Customer shall be liable towards freight forwarder for any loss or additional expenses resulting from inaccurate or incomplete information or instructions given by the customer, as well as for transfer to freight forwarder or any other person for whom the freight forwarder may be liable, of dangerous goods that caused death or physical injury, property damages, caused a harm to the environment or any other loss.

6.2. Customer is obliged to prevent any losses for the freight forwarder due to consequences that may be caused by:
  • inaccurate, unclear or insufficient data concerning goods characteristics, packing and marking defects unless this is the responsibility of freight forwarder as per the contract;
  • non-fulfilment of requirements of quarantine, sanitary or customs procedures, etc.;
  • inaccurate carrying out of technical conditions and rules of loading, storage, strapping the goods on the certain transport means unless this is responsibility of freight forwarder;
  • untimely payments for services provided by the freight forwarder;
  • the fact that the freight forwarder is forced, without the proof of his fault, to pay customs or official duties, pay in a deposit, or if any third party claims connected with the execution of obligations of contract with the customer are laid towards the freight forwarder;
  • other reasons which entailed losses that the freight forwarder hadn't been able to foresee.
6.3. If the customer revokes his instructions after the freight forwarder has started their performance, then losses and expenses, caused for the freight forwarder hereupon, shall be covered by the customer.



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