General Conditions of Carriage
- Subject and contents
1.1. Herewith we refer to ALBERTI GERMANO E SANTI ROMANO S.R.L. trading conditions that, unless otherwise agreed in writing, apply and discipline all shipments and transports commissioned by the client and ALBERTI GERMANO E SANTI ROMANO S.R.L., registered in Cortemaggiore (PC), via Salvo d’Acquisto, 7/9, fiscal code & VAT number 00840400337 (AES from now on).
1.2. AES T&C are available in full on the website http://www.albertiesanti.it/termini-e-condizioni/ and integrate the agreement between AES and the client.
1.3. AES, as part of its activity, cooperates with hauliers that are all regularly registered and licenced and that qualify to standard quality levels. AES are committed to ensure that above is satisfied through collecting and checking of documents and certificates.
- Terms and conditions: acceptance
2.1. AES terms & conditions will always apply unless any of the terms are deemed to be void by law or other competent authority. In case of any of the terms were deemed to be void, all others will remain valid, applicable, and in force.
2.2. AES reserves the right at any time to add, modify, change any of the existing terms and conditions, by notifying to the customer, thereof considered acknowledged and accepted.
2.3. Any unilateral attempt to alter terms and conditions by the commitment will be deemed invalid and ineffective unless AES has agreed and accepted it in writing.
2.4. In the event of any contrast between AES terms and conditions and those of their commitment that may be added to their orders or included in the transport documents, the first will prevail over the second ones.
2.5. Should the customer when sending an order add verbally or in writing instructions that are in conflict with AES T&C, said instruction shall not be valid unless AES have agreed to them in writing.
- Bookings, general rules, procedures
3.1. All orders must be sent by e-mail to respective sales representative by service, at least 48 working hours before the day of departure of the transport.
3.2. Any order cancellation must be notified by email sent to respective sales representative by service no later than 1200hrs day before requested collection date.
3.3. Any cancellations and/or order change sent beyond deadline will be subject to slot/kit charges/any other consequent loss.
3.4. Should deliveries need booking in, customer will be responsible to advise AES in writing providing relevant telephone number/e-mail address.
3.5. Orders must include any relevant instruction relative to loading/unloading i.e. special kit/unit sizes/access restrictions. Additional tariffs will apply.
3.6. No requests of compensations will be accepted for ‘part load’ delivery delays as these may be caused by delays at previous delivery points.
3.7. 30 minutes windows are granted to unload part load goods after which AES unit are entitled to leave premises. Delivery will be rescheduled at additional costs.
3.8. All goods, pallets or bundles, must be clearly marked with consignee’s full details (company name/address) as per shown on shipping documents. Shipping documents must also include goods description, no. of pallets/bundles, weights, any others. Only all the above can ensure that goods are shipped correctly.
3.9. AeS standard services consists of goods collecting, shipping, customs clearing (if needed and required), returning. Any other service type is ‘additional’ and would need to be discussed and agreed.
- Liability and insurance cover
4.1. The Convention on the Contract for the International Carriage of Goods by Road (CMR) signed in Geneva on 19 May 1956 (and successive amendments) establish and determines AeS liability for those services entrusted that refer to international road transport.
4.2. Based on the above, AeS may be held liable for any losses and/or damages within the limit of 8.33 SDR (Special Drawing Rights) for each gross kg of goods lost or damaged, without prejudice to the Customer’s right to expressly request to obtain, at cost, an increase of above limit (so-called special interest in redelivery), and/or to require the activation of an insurance cover, at cost, that provides for higher cover. In such cases it is understood – and the Customer accepts this clause and fully agrees with its scope – that AeS shall be entitled to increase the previously estimated costs of the shipment by showing separate charges.
4.3. With reference to ‘national’ transports AES limits of responsibility, in the event of goods loss and/or damage, are set at Euro 1,00 for each gross kg of goods transported as per article 1696 of the Italian Civil Code, without prejudice to the Customer’s right to require AES so to obtain, (at cost?), an increase of above limit and/or the activation of insurance cover which provides for a higher cover.
4.4. With regard to transports ‘by sea’, AeS will be obliged, in the event of ascertained liability, to reimburse the damage within the limits established by the Convention for the unification of certain rules relating to the bill of lading, signed in Brussels on 24 August 1924, as amended by the protocol signed in Brussels on 23 February 1968 and by the protocol signed in Brussels on 21 December 1979 (Hague Rules – Visby), in its most recent version.
4.5. In case of goods carried ‘by air’, AeS will, in the event of liability, be liable for compensation within the limits of the Montreal Convention 1999 in its most recent version.
4.6. In case of ‘multimodal’ transport, AES shall be liable within the limits of the CMR Convention.
4.7. Under no circumstances may AeS be held responsible, for any reason or title, for any damage suffered by goods shipped when goods weight and volumes differ from declared ones.
4.8. AeS shall be responsible for goods entrusted only from the moment they are collected and until they are delivered to consignee.
4.9. AeS cannot in any way be held responsible for losses, damages, delays or missed-deliveries due to fortuitous events, force majeure or circumstances beyond its control (natural disasters, wars, epidemies, accidents/damage to kit, strikes, robbery, authorities measures).
4.10. Under no circumstances shall AeS be liable for consequential losses (such as earnings, sales, customers, loss of turnover, interest or damages due to delays, etc…).
4.11. Goods entrusted to AeS will benefit of carrier’s liability cover. Should customer consider relative cover insufficient it will be his responsibility to request AeS to add extra cover, by value criteria, (so-called all risks), at their own cost.
- Compensation settlement
5.1. In case of AES proven responsibility within circumstances described in title4 (above), it will be client’s responsibility to report the findings within, and no later than, 2 working days from goods being delivered.
5.2. Reports must be sent to addresses indicated in sub)3.1. together with documentation in support of the claim.
5.3. Original goods invoice must be presented before claim payments can be settled – always within the rules specified in chapter/title4 – together with relevant documents showing goods descriptions weights, quantities, value, goods nature, so to properly assess damage value.
- Claims
6.1. In the event of ascertained goods damaged or missing, consignee must apply remarks on relevant paperwork (cmr/pod) presented by driver, and shall be responsible to inform shipper with full details of alleged damage/shortage. Client must then make formal detailed claim to AES by sending email to relevant sales representative (sub 3.1.).
6.2. Furthermore, in above event, consignee/customer will be responsible to collect a photographic report of the alleged damaged/missing goods to be sent to AeS in support of the claim which, without it, cannot be accepted.
6.3. In the event of any claim, all steps of the procedure described at previous points must be adhered to. No claim will be accepted in case of non-compliance of aforesaid procedure, fact which will exempt AES from any liability whatsoever.
6.4. Should a claim be accepted and a refund becoming due, Client shall not be entitled at any times to offset or deduct, not even partially, such sums neither from freight account, nor from any other receivables due to AeS from the Client.
6.5. AeS may not, in any case, be held responsible for the packages ‘content’ shipped, of which AES has no knowledge. AeS, when possible, shall verify that the number of packages received coincide with the number shown on relevant documents. Any difference will be notified to the Customer before goods are shipped.
6.6. AeS shall be entitled to reject claims not accompanied by remarks added on CMR at the time of unloading the goods countersigned by the driver. Remarks must indicate damage extent and type
6.7. If and when goods are declared allegedly damaged when presented for delivery, consignee must in all cases accept them. Goods will then be unloaded at consignee’s depot, and there they will remain at AES/their surveyor’s disposal for further checks.
- Service conditions and restrictions, carriage refusal and suspension
7.1. As not covered by carrier’s policy none of the following categories of goods can be entrusted to AES without prior written agreement: valuables, bonds, antiques including paintings, weapons, revenues stamps, tobaccos and alcohol, and any other products not listed above that would be subject to be declared as listed or controlled goods. Should AeS be unknowingly entrusted with cargoes containing any of the above-mentioned products, AeS will not be held liable, under any circumstances, for any damages suffered by the transported goods. AeS will also be entitled to claim for any damages, costs, disbursements, fines, or any taxes whatsoever, howsoever arising or imposed.
7.2. Perishable and dangerous goods can only be carried after that all specific conditions under which the transportation has to be carried out, and the transits required, are agreed in writing before the transportation itself starts.
7.3. Demurrages, free times at ports and railheads, vehicle & kit detentions apply by agreed terms or in their absence as per existing rules generally applied. The client shall be required to pay AES all charges and costs incurred by them whilst carrying the goods.
7.4. Any shipment entrusted to AES that does not comply with all the requirements and limitations which are listed at the above points may not be carried, or held pending instructions from the client, without any right for the client to compensated in a way or measure.
7.5. In case of wars or riots break out in either the countries of origin, transit or destination of any shipment, the latter may be cancelled or held even when it has already begun. Neither compensation to client shall be granted, nor insurance cover shall be in place.
- Rates & tariffs and the right of retention
8.1. AeS offers and quotations are based on rates and tariffs in Euros, and exclude VAT. At any times the carrier may decide to change any existing offer or quotation, with the only obligation to give adequate notice to the Customer.
8.2. All payments due to AES for their services shall be made in accordance to the agreed terms between parties at the time of the offer being made and accepted.
8.3. Any payment delay beyond the agreed terms may result in the loss of credit facilities and will give AES the right to require the payment of all and any sums due at the time as well as the right to interrupt any service, including those that may be already scheduled, until all payments are made.
8.4. Any payment delay over the agreed terms of any sum, shall entitle AeS to request all and any accrued interest pursuant to DL231/2002 and successive amendments, as well as any possible additional amount for consequent damages.
8.5. Should a payment due to AES fail to be made, AES will have the right of privilege and retention over all and any goods belonging to the Client at that time are in their or their subcontractors possess.
- Applicable low and jurisdiction
9.1. AES terms and conditions, which apply to all services offered to their clients, and any possible subsequent or additional term or agreement that may follow, are understood to be governed by the Italian law and by the international conventions to which above article 4 refers to, with specific reference to the carrier liability regime that applies, to all types of transport entrusted.
9.2. All disputes in relation to any contractual execution and termination, validity, conclusion, and interpretation between the parties, shall be of the Italian judicial authorities and of the Court of Piacenza exclusive jurisdiction.
- Data processing and confidentiality
10.1 All data exchanged between the parties at any time through their contractual agreement shall be treated with confidentiality. Any other party’s document or material received from the other party and that may contain sensitive data, that may be necessary to acquire to complete any agreement between the parties, shall be returned once contracts or agreements terminate.
10.2 With the completion of the contract, parties consent to process, circulate, communicate, all respective company data. In this respect they also declare that they have fully understood the content and purpose of the EU Regulation 679/2016, and of the Articles 15-16-17-18-20-21 of the same that discipline their rights to protect the confidentiality of their personal data, undertaking to follow base previsions.
All above described General terms and conditions are understood and accepted by the client at the time of when they entrust AeS in any of their services
The English text version is purely for your ease of reference, the Original text in Italian will be the only approved version in case of controversy.