AS Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage by road overrule all previous conditions. This document is valid for land transportation. When providing services, Estonian Logistics and Freight Forwarding Association`s general tems and conditions 2015, the Convention on the Contract for the International Carriage of Goods by Road (CMR) and other legislations apply. 1.1-2-002 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD Land transport Page Version 10 1 (18) 01.06.2018 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD Updated 01.06.2018
18
Embed
AS SCHENKER CONDITIONS FOR CARRIAGE BY … Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
AS Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage
by road overrule all previous conditions. This document is valid for land transportation. When providing services, Estonian Logistics and Freight
Forwarding Association`s general tems and conditions 2015, the Convention on the Contract for the International Carriage of Goods by Road
(CMR) and other legislations apply.
1.1-2-002 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD
Land transport Page
Version 10 1 (18)
01.06.2018
AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD
Updated 01.06.2018
AS Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage
by road overrule all previous conditions. This document is valid for land transportation. When providing services, Estonian Logistics and Freight
Forwarding Association`s general tems and conditions 2015, the Convention on the Contract for the International Carriage of Goods by Road
(CMR) and other legislations apply.
1.1-2-002 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD
Land transport Page
Version 10 2 (18)
01.06.2018
Table of Contents
1. GENERAL ........................................................................................................................................................... 3
TRANSPORT ............................................................................................................................................................. 10
4. LIABILITY AND RIGHTS OF THE CONSIGNOR ................................................................................................... 11
5. LIABILITY AND RIGHTS OF THE CARRIER ......................................................................................................... 13
6. PAYING FOR THE TRANSPORT ........................................................................................................................ 15
3.10. The transport of food and hazardous (ADR/IMDG) goods is subject to the applicable rules and
related instructions for the carriage of food and dangerous (ADR/IMDG) goods.
3.11. Outside normal working hours (on weekdays from 8:00 to 17:00) and other special services (i.e.,
removals, containers, etc.), the conditions of carriage are agreed on a case-by-case basis.
3.12. Transport with time guarantee is legally binding when the carrier has confirmed it expressly and in
writing in a format that can be reproduced.
4. LIABILITY AND RIGHTS OF THE CONSIGNOR
4.1. The consignor must establish the conditions for the delivery of the shipment to and from the carrier,
including the provision of access to the loading place, ensure the accessibility of the access road
and the loading site to the following requirements: stopping possibility for loading, loading area
must be hard, smooth with no slope and no steps, and the cargo space must remain within the
range of the carrier or must guaranteed vehicle security, etc.
AS Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage
by road overrule all previous conditions. This document is valid for land transportation. When providing services, Estonian Logistics and Freight
Forwarding Association`s general tems and conditions 2015, the Convention on the Contract for the International Carriage of Goods by Road
(CMR) and other legislations apply.
1.1-2-002 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD
Land transport Page
Version 10 12 (18)
01.06.2018
4.2. The consignor is required to reimburse all costs incurred in connection with the access to the place
of loading (paid entry, toll-free parking, delivery charges in customs warehouses, ports, railways
and airports, other taxes and official expenses).
4.3. Packaging of goods and marking (labelling)
4.4. The consignor must pack goods in a manner taking into consideration the type of transport making
sure that the cargo is protected from loss and damage and does not cause damage to the carrier.
4.5. The packaging of the consignment must allow the shipment to be transported with other
consignments, i.e. the shipment must not damage other shipments and vehicles and must allow
loading other shipments on top for the entire height of the cargo space unless it is full load or
otherwise agreed.
4.6. Each package unit of the consignment must be packaged in a transportable packaging in such a way
as to allow the consignment to be secured in the freight compartment and ensure that the goods
are retained during loading and transport. The packaging must also ensure that the load remains in
place and prevents the shift of the center of gravity of the load. Small consignments, which, due to
their properties can be installed on standard pallets, must be fitted to them.
4.7. Each package item of the consignment must be marked by the consignor and contain clearly
legible information for identification of the consignment with the following information:
- The data necessary for the identification of the consignor;
- The data and address necessary for the identification of the place of unloading (or consignee);
- Internationally recognized warning signs;
- A warning expressed in words;
- Unit weight;
- Number of unit of packaging;
- If necessary, unit dimensions.
- No marking is required for a full load from one consignor to a single point of unloading.
4.8. The responsibility of loading and securing of part and full loads lyes on the consignor, the delivery
of the shipment takes place in the freight compartment. As a rule, the carrier is required to be
present at the time of loading. The carrier may assist the consignor in the loading process, in which
case he acts on behalf of and for the customer.
4.9. With a tent trailer, the carrier is required to open tir-wire, side and tailgate of cargo spaces and, if
necessary, lift from the sides and/or the rear of the tent. If the consignment can not be retrieved
without removing the carrier's tent, the sender is required to remove and reinstall the roof, frame
and tent of the trailer, in accordance with the instructions of the carrier.
4.10. The consignor must carry out the loading within the maximum load time calculated for the load on
one vehicle in accordance with the following (based on the taxable weight):
Package with taxable weight of 35 kg, containing 1 package up to 10 minutes
Consignment with taxable weight of 36 - 2499 kg up to 20 minutes
Consignment with taxable weight of 2500 - 5000 kg up to 30 minutes
AS Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage
by road overrule all previous conditions. This document is valid for land transportation. When providing services, Estonian Logistics and Freight
Forwarding Association`s general tems and conditions 2015, the Convention on the Contract for the International Carriage of Goods by Road
(CMR) and other legislations apply.
1.1-2-002 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD
Land transport Page
Version 10 13 (18)
01.06.2018
Consignment with taxable weight of 5000 - 10000 kg up to 45 minutes
Consignment with taxable weight of 10001 - 24000 kg up to 60 minutes
4.11. If loading takes more time, it will be registered in the waybill, and each subsequent 30 minute will
be separately paid for.
4.12. When loading more than one shipment from one place of loading, the estimated time of loading is
calculated based on the total taxable weight.
4.13. The consignor may refuse to deliver the shipment to the carrier:
- If the vehicle fitted by the carrier does not meet the deadweight, technical condition, capacity of
the cargo space and/or equipment ordered on the vehicle, thereby excluding the possibility of
meeting the conditions agreed in the contract of carriage;
- If the vehicle was not ready at the agreed date, time and place.
4.14. The consignor who terminates the transportation contract for the reasons indicated is entitled to
get compensation for proven material damage caused to him but not more than the agreed amount
of freight if the carrier's failure to fulfill his obligations was caused by circumstances beyond the
control of the consignor.
4.15. The consignor has the right to cancel the order until the moment, when the carrier has not started
the order fulfillment. If the carrier has begun to fulfill the order and the order is canceled, the carrier
has the right to receive compensation that covers his reasonable expenses, but no more than the
agreed delivery charge (freight).
5. LIABILITY AND RIGHTS OF THE CARRIER
5.1. Carrier's liability in the loading process:
The carrier checks the external condition of the consignment, the marking, the number of packing
units and compares them with the data provided in the waybill. In case it is not possible to verify
or the data does not correspond to the one presented in the waybill, the carrier makes a reasoned
remark on all copies of the waybill.
5.2. The loading of the small package and the small parcel is carried out by the carrier, these
consignments are delivered from hand to hand to the ground floor of the building indicated by the
consignor.
5.3. The loading of a small consignment is carried out by the carrier whenever possible. The carrier is
responsible for his activities in the cargo area and on the tail lift. In case the carrier participates in
the loading process outside the cargo space, he acts on behalf of the consignor.
5.4. The carrier must ensure the presence of load straps according to standard equipment, taking into
account 1 load strap on each pallet row plus the last pallet row 2 load strap. In case the nature of
the consignment requires special fasteners or an additional load strap, the consignor is responsible
AS Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage
by road overrule all previous conditions. This document is valid for land transportation. When providing services, Estonian Logistics and Freight
Forwarding Association`s general tems and conditions 2015, the Convention on the Contract for the International Carriage of Goods by Road
(CMR) and other legislations apply.
1.1-2-002 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD
Land transport Page
Version 10 14 (18)
01.06.2018
for their presence, by agreement, the carrier may assist in obtaining additional fasteners or an
additional load straps.
5.5. The carrier has the right to choose the vehicle, cargo space and route to use for the consignment,
and transport the consignment, either by direct transport or by using reloadings in terminals.
5.6. The carrier may refuse a transport task:
- If the consignor is not able to deliver the item at the time, place and conditions agreed upon and
the carrier's refusal is justified by other tasks which do not allow to postpone receipt of the given
consignment or if it is no longer possible to comply with the delivery deadline specified in the
contract of carriage;
- If the consignor does not confirm the comments made by the carrier on the waybill.
5.7. The carrier who terminates the contract of carriage for the reasons given is entitled to
reimbursement of the expenses incurred but not more than the agreed amount of the carriage if
the failure of the carrier was due to circumstances beyond the control of the carrier.
5.8. If the consignee refuses to accept the shipment at the place of unloading, the carrier has the right
to demand reimbursement of additional expenses incurred by the consignor.
5.9. In the event that the sender wishes to re-address the consignment without unloading the truck, this
will mean the start of a new transport contract. The carrier has the right to refuse to conclude a
new agreement and may require the unloading of the consignment.
5.10. If the carrier notices at any stage of the transport operation that the total weight of the shipment
exceeds the total weight declared by the shipper, he is entitled to unload the excess load at the
expense and risk of the consignor.
5.11. If the total weight of the goods does not exceed the maximum authorized gross weight limits
permitted by normative acts, the consignment exceeding the estimated gross weight declared by
the consignor in the bill of lading shall be taxed at twice the tariff.
5.12. The consignor is obligated to compensate the carrier for all fines and fees collected from the carrier
in connection with the incorrect display of the total weight of the consignment by the consignor or
any other incorrect information provided on the consignment.
5.13. The carrier is entitled to immediately unload and store, collect or destroy the consignment at the
expense of the consignor, with the carrier also bearing all costs incurred, in the following cases:
- If the load process reveals hazardous substances or hazardous waste in the load, of which the
carrier was not properly informed before the load was received from the consignor;
- The cosnignor has not provided the carrier with the documents required for the carriage of all
dangerous goods, including - if the truck or container is transported in a certain part along the
sea
- Also with the shipping documents required by the shipping companies;
AS Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage
by road overrule all previous conditions. This document is valid for land transportation. When providing services, Estonian Logistics and Freight
Forwarding Association`s general tems and conditions 2015, the Convention on the Contract for the International Carriage of Goods by Road
(CMR) and other legislations apply.
1.1-2-002 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD
Land transport Page
Version 10 15 (18)
01.06.2018
- Classification, packaging and/or marking of dangerous goods has been found to be inadequate in
their transportation with regulatory standards.
5.14. The carrier refuses any instructions from the consignor that would result in violations of the rules
governing driving time and speed and the driver`s resting time.
5.15. The parties have agreed that AS Schenker is entitled to refuse to provide services in whole or in part
or to discontinue the provision of the service if the provision of the service in question is wholly or
partially prohibited, including, but not limited to, United States, European Union or national law.
Also, if the provision of the service is totally or partially prohibited, including, but not limited to, the
legislation on the fight against terrorism and the fight against embargo. AS Schenker may exercise
this right unannounced and AS Schenker shall not bear any liability towards the client in exercising
such rights.
6. PAYING FOR THE TRANSPORT
6.1. Unless otherwise agreed, the services and expenses incurred for the carriage and connected
expenses shall be paid by the time of delivery.
6.2. The consignor, as the one giving the task for the carrier, is obligated to pay the carriage charge,
irrespective of the carriage payment agreement, and other taxes, if the consignee has not
redeemed the delivery or has refused to pay the carriage charge or if he is not able to pay for the
carriage. The transport costs of the goods that spoil fast or that have very low value need to be paid
in advance.
6.3. In the event that the work performed by the carrier is interrupted by circumstances beyond the
control of the carrier (eg strike, work stoppage, etc.), the carrier is entitled to compensation for
work and expenses incurred by him.
6.4. The freight cost is calculated separately for each consignment according to the taxable weight.
6.5. For a consignment which is difficult to load due to their special shape or poor quality of packaging,
and which can not be loaded normally together with other consignments, the freight cost shall be
calculated according to the loading meter of the loading space.
6.6. Additional fees and other payments:
- In addition to the actual transportation costs, transport related additional costs will be charged
separately according to the current price lists or actual costs (including additional charges for
securing costs and returning the signed bill of lading);
- In the case of carriage of goods containing, in whole or in part, hazardous substances, an
additional charge is required;
- An extra fee is charged for exceeding the loading time;
- The sending of a written payment notice may be subject to a fee in accordance with the carrier's
price list;
AS Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage
by road overrule all previous conditions. This document is valid for land transportation. When providing services, Estonian Logistics and Freight
Forwarding Association`s general tems and conditions 2015, the Convention on the Contract for the International Carriage of Goods by Road
(CMR) and other legislations apply.
1.1-2-002 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD
Land transport Page
Version 10 16 (18)
01.06.2018
- It is prohibited for the consignor to postpone or not pay even if the cosnignor has claims against
the carrier;
- All extra fees, due to not paying the charges on time, are borne by the debtor;
- In the event that the due date has come to an end, the creditor has the right to encumber the
movables of the debtor who is in possession of it.
7. COMPLAINTS
7.1. Submissions and claims are based on the provisions of the Law of Obligations Act and the CMR
Convention. Claims must be submitted in writing with supporting documents.
7.2. Compliance with the requirements is based on the legislation of the Republic of Estonia and
international agreements ratified by the Republic of Estonia.
8. LAND TRANSPORT PRICE LIST AND PRICE OFFER CONDITIONS
8.1. General pricing and pricing conditions
At the calculation of price it is proceeded from the weight of the consignment and upon more
sizeable consignments from the chargeable weight proceeding from the need of space in the
cargo room:
- 1 m³ (cbm) = 333 kg;
- 1 Ldm (load meter for freight space) = 1850 kg;
- 1 Euro pallet = 0,4 ldm;
- 1 Fin-pallet = 0,5 ldm;
Long goods are goods which are longer than 2,4 meter and weight is bigger than 30 kg, volume ratio
is 400 kg = 1m. In case long goods use floor space in vehicle, loading meter (ldm), volume ratio 1 ldm
= 1850 kg will be used. In case real weight exceed volume ratio, real weight will be used. Creater
value is always used.
Long Goods: L1 L2 Max.longest side 3,00 m 6,00 m Max.second longest side 1,20 m 0,40 m Max.height 2,20 m 0,40 m Max.gross weight per item 1500 kg 30 kg Max.items per shipment No limitation 10 Goods which does not fit to given parameters will be transported only on special agreement as DB Schenker Dirtect
8.2. If the prices are offered per 100 kg, then the weight of the consignment, on the basis of which
haulage is calculated, shall always be rounded upwards:
- Consignment with chargeable weight under 1000 kg - with a precision of 10 kg;
- Consignment with chargeable weight over 1000 kg - with a precision of 100 kg.
8.3. If the prices are offered per consignment (except part loads), then the weight of the cosnignment,
on the basis of which haulage is calculated, shall always be rounded upwards with a precision of 1
kg.
AS Schenker reserves the right to change the AS Schenker conditions for carriage by road without further notice. These conditions for carriage
by road overrule all previous conditions. This document is valid for land transportation. When providing services, Estonian Logistics and Freight
Forwarding Association`s general tems and conditions 2015, the Convention on the Contract for the International Carriage of Goods by Road
(CMR) and other legislations apply.
1.1-2-002 AS SCHENKER CONDITIONS FOR CARRIAGE BY ROAD
Land transport Page
Version 10 17 (18)
01.06.2018
8.4. Part load cargo is a consignment the chargeable weight of which is 2500 kg or more and in
addition to which there is also room for other cosnignments in the vehicle. The transport of part
load cargo is performed without reloading, unlessvthe traffic, customs technical reasons or
delivery terms request otherwise.
8.5. The price includes:
- The procedures and expenses established in the terms of delivery of Incoterms/Combiterms
2000, (AS Schenker interpretation, applicable also for Incoterms®2010) which incur after the
delivery of the shipment to AS Schenker, unless it has been prior agreed otherwise by the parties;
- Depending on the amount of the shipment, loading and unloading time in accordance with ELFA's
General conditions for Carriage of Goods by Road (available: www.elea.ee);
- Shipments delivery according to schedule with estimated time unless agreed otherwise by the
parties; Freight forwarder's and carrier's liability insurance.
8.6. The price does not include:
- The loading and unloading service of the part and full load cargo;
- Packaging of the consignment;
- Fastening of the part and full load cargo;
- Expenses incurred in relation to the transport of dangerous goods (ADR/IMDG);
- State taxes, duties and fees in country of departure and destination;
- Also expenses incurred due to the shipments transfer expenses in customs warehouses, ports
and/or airports;
- Other taxes or official expenses, which have incurred prior to the delivery of the shipment to AS
Schenker;
- Additional services provided in AS Schenker additional pricelist.
8.7. Additional services
The providing of the ordered additional services (such as packaging, loading service, storage,
monitoring the collecting cash on delivery (CAD/COD), transport with time guarantee, transport of
dangerous goods, etc.) shall be agreed separately. Additional services and prices of such services
are provided in additional pricelist. AS Schenker has the right to provide additional services in case
of need without any prior agreement and charge the Client based on the additional pricelist.
8.8. Storage fee
In case the shipment becomes the object to the right of security or delaying the acceptance of the
shipment appears, then a storage fee shall be added in accordance with the additional pricelist.
8.9. Fuel Surcharge
Fuel surcharge will be added to transport charge according to the tariff on
Schenker AS homepage. When calculating the fuel surcharge AS Schenker will issue from the
diesel fuel wholesale price in Neste terminal on prior month's day before the last office day and it
will be valid during the following month. Fuel surcharge will be calculated according to the goods