GENERAL TERMS AND CONDITIONS
Introduction.
These general conditions (hereinafter GTC) are applicable to all services offered by PÉREZ and are available to customers and the general public at any of the offices that PÉREZ has in Spain and also on the company’s website www.perezycia.com
The contracted carriage shall be covered by a waybill, bill of lading, CMR/land waybill, air waybill, delivery note, etc. issued by PÉREZ or its agents, which shall be in accordance with and conform to the applicable national regulations and international conventions, and whose clauses shall be applicable between PÉREZ and the Client. If there is any discrepancy between such documents and these GCC or if there is any loophole not provided for in these GCC, the bill of lading, sea waybill or other transport document used shall take precedence in the following order: firstly, the bill of lading, sea waybill or other transport document used; secondly, these GCC; and thirdly, any other existing document or documentation.
As an exception to this rule, any statement in bills of lading, sea waybills, inland waybills, air waybills and any other document which in any way aggravates or imposes a liability in excess of that provided for in these GCC or any applicable national or international law shall be void.
The customer accepts that these GTC apply to any request for service provision consignee and/or freight forwarder and related activities, communicated by any means (whether verbally, by e- mail or otherwise), and are also accepted by the customer at the time of ordering the service. The acceptance of these GTC do not exclude or imply any waiver of the application of the clauses set out in the corresponding applicable transport documents (PÉREZ’s SHIPMENT NOTICE, SHIPPING LETTER, PÉREZ’s INLAND LETTER OR AIR LETTER or any other transport document used in the provision of the services), which are also accepted by the customer at the time of requesting or ordering the service and/or issuance of the document, and which is also available to the customer.
In the event of non-acceptance of these conditions, the Client must expressly, in writing and unequivocally declare their rejection to PÉREZ within five days of first receipt or notice of incorporation of the same or, failing this, within seven days of the Client finally ordering the service, provided that the contracted service has not effectively commenced, or its cancellation implies the accrual of costs that the CUSTOMER refuses to assume once informed. Once this period has elapsed, the conditions shall be deemed to have been validly incorporated.
If for any reason, any provision of these terms and conditions, or any part thereof, is declared void, invalid or unenforceable, or any omission of information by PÉREZ is deemed to exist, by a Judge or institution with sufficient competence and capacity, the remaining provisions shall remain in full force and effect and enforceable.
Definitions.
– Consignee: Natural or legal person who, as an independent agent or intermediary, acts in the name and on behalf of the shipowner and/or shipowner, taking care of the material and legal formalities necessary for the clearance and other services to the ship in port as well as, where appropriate, the transport, delivering and receiving the cargo.
– Freight forwarder: A natural or legal person who, as a freight forwarder or intermediary between the exporter or importer and the transport companies, organizes and mediates international transport operations by any means of transport, coordinating in a general way the administrative operations related to this international transport as well as the activities associated with it.
– Company: refers to the commercial entity PÉREZ, as well as its different branches, agents and representatives.
– Client: the party who has contracted PÉREZ’s services, whether on its own account and in its own name or not. As well as to whom the quotation, booking, correspondence, e-mails are addressed; the shipper, contractual shipper and actual shipper, sender, receiver, contractual consignee and actual consignee, owner of the goods or any person having any interest in the goods, or any of their intermediaries, agents or dependents. The Client is responsible for the full payment of the services rendered by PÉREZ. Likewise, the figure of the Client shall be assimilated to that of the Merchant described in the General Provisions. The figure of the Client also includes the shipowner and/or the shipper.
– Contractual Shipper: means the person who contracts in his own name for the performance of a transport and to whom the carrier undertakes to carry it out.
– Effective Shipper: means any person who has direct or indirect interest in the goods loaded, including but not limited to the seller of the goods, owner, shipper, or any person subcontracted by them to contract the transport other than PÉREZ.
– Carrier: means the Multimodal Transport Operator who has been engaged for the performance of the multimodal transport contract.
– Contractual Carrier: means the person who assumes the obligation to carry out the transport in his own name, regardless of whether he carries it out by his own means or contracts it out to other parties.
– Effective Carrier: means any person who materially executes the transport or any of its accessory phases, including any logistical operation, storage, and formalities, whether customs or otherwise.
– Contractual consignee: means the person to whom the carrier is contractually required to deliver the goods at the place of destination.
– Effective consignee: means any person having a direct or indirect interest in the receipt of the goods, including, but not limited to, purchasers of the goods, owners, banks financing the transaction and owners of the goods.
– Merchant: means and includes the Shipper, the Consignee/receiver, the ‘’Contract Holder’’, and the Owner of Goods.
– Liability of several parties: when these conditions make several parties liable for any non- fulfilment, damage, expense or similar concepts, this liability shall always be joint and several, unless there are mandatory regulations to the contrary applicable to the case.
General provisions.
1.- Instructions: The goods shall always be dispatched at the Client’s risk and expense in accordance with the instructions received from the Shipper or Consignee in writing, as the case may be. If there are no specific instructions, PÉREZ may choose the itineraries, means and modes of transport and other accessory conditions, prior or subsequent to the same, which, in its opinion, are the most appropriate to carry out the transport and/or delivery of the goods in the best conditions.
2.- Goods declaration: The Client is responsible for the accuracy of the declaration of the goods with regard to their characteristics, description, marks, numbers, quantity, weight and volume, being liable for any possible losses, damages, breakdowns and/or losses that may be caused to PÉREZ and/or third parties by the inaccuracy of the aforementioned data, even when such inaccuracies appear in operations not carried out directly by PÉREZ, who will also be indemnified for any additional costs that may be incurred for such causes.
Furthermore, the CUSTOMER assumes a special obligation to declare their IMO/dangerous cargo nature with the formalities required by current legislation.
In the case of omission or insufficient information, the contractual shipper and the client will be liable for the damage caused by the goods (IMO/non-IMO), with PÉREZ having the right to reimburse the expenses caused for this reason and being exempt from any liability if the goods have to be unloaded, destroyed, neutralized or converted into harmless goods, as required by the circumstances and without there being any right to compensation for the shipper and/or client.
3.- Packaging: The Client is responsible for possible losses, damages, breakdowns and/or damages that may be caused to PÉREZ and/or third parties as a consequence of inadequate, defective or badly used packaging that causes damage or harm to the goods or to the handling equipment or means of transport, even when such deficiencies appear in operations not carried out directly by PÉREZ, who will also be indemnified for any additional costs that may be incurred for such causes.
4.- Direct action: the transport provider subcontracted by PÉREZ declares to be aware of the policy of prohibition of subcontracting by PÉREZ with a third party and that, in the event of carrying out this second subcontracting of the transport service, the supplier directly subcontracted by PÉREZ declares to be responsible for any breach and/or damage that may arise in general and to cover the costs and possible indemnities for a “direct action” exercised against PÉREZ, in particular.
5.- Assignment of equipment: If containers or other equipment are assigned, the assignment of the equipment is granted on a personal and non-transferable basis to the ASSIGNEE, and is therefore explicitly restricted to the ASSIGNEE, without prejudice to any subcontracting that the ASSIGNEE may do in the exercise of its activity (without prejudice to the provisions on “direct action”). Likewise, the ASSIGNEE guarantees that it has the administrative authorizations required to carry out the activity, including the mandatory authorization from the Port Authority, where applicable. Likewise, the vehicles used will in all cases meet the appropriate conditions for the transport of the shipment in question.
The ASSIGNEE shall inspect the unit, including the payload of the CSC plate, and confirm that it is suitable for shipment and destination, being entitled to reject at that moment the equipment it deems unsuitable for the scheduled shipment. The LICENSOR undertakes to provide a new one at the same time. The LICENSOR shall not admit any subsequent claims or extra costs by the ASSIGNEE derived from the omission of inspection by the ASSIGNEE.
The LICENSEE agrees to indemnify and hold PÉREZ and/or the LICENSOR harmless from any liability related to delay in the return of the equipment, misuse of the equipment and/or administrative, civil, and criminal liabilities that may arise from the transport by act or omission.
Furthermore, expressly but not exclusively, the ASSIGNE undertakes to pay the price of the assignment and any delays and/or additional expenses of occupation or any other type related to the delay in the return of the assigned equipment. If PÉREZ is claimed extrajudicially or judicially to pay any amount, delay, expense, or liability derived from the use, delay in return, or non-compliance made by the ASSIGNEE, the ASSIGNEE undertakes to pay on first demand to PÉREZ the amounts that PÉREZ can accredit that have been the object of a mere extrajudicial or judicial claim by a third party, without the need for any judgement to be made. In the event that the ASSIGNEE wishes to dispute the reality or amount of these claims, it may avoid payment by issuing a guarantee on first demand, guaranteeing to the full satisfaction of PÉREZ the amounts notified or claimed and the expenses of all kinds, including but not limited to those of legal representation and experts possibly related to the incidence, reality, or amount of said notifications or claims.
6.- Extra-costs: Any additional costs arising as a result of events or circumstances after the date of contracting or, where appropriate, the date of issue of the shipping or transport documents, shall be borne by the Clients, provided that they are not due to the fault or gross negligence of any of the parties involved in the provision of the contracted services.
7.- Payment: The Client is responsible for the payment of the freight and any expenses arising from the contracted operation. Even if freight and costs are payable at destination, the shipper is liable jointly and severally with the consignee for payment.
The payment of the agreed freight shall be due upon full performance of the contracted transport and independently of the state in which the transported goods arrive.
Payment of any expenses and services rendered by PÉREZ will be made in cash, except for special or credit conditions previously and expressly agreed. Likewise, with regard to the deferment of payment of invoices, this will be limited to the period agreed in each case with the client and may not exceed 60 days from the date of issue of the invoice or performance of the service.
8.- Credit compensation: Under no circumstances may the client offset invoices owed to PÉREZ or refuse to pay for services rendered when invoices are due, without the express and reliable consent of PÉREZ.
9.- Late payment: In the event of late payment or failure to pay any expenses for services rendered by PÉREZ, the client will be automatically obliged, without the need for notice of due date or any intimation by PÉREZ or its principal, to pay the interest for late payment established in Law 3/2004 of 29 December on measures to combat late payment in commercial transactions, except in the event that a different interest for late payment has been established between the parties by virtue of a freely concluded contract.
Any credit payment conditions of the client/supplier (debtor) will be cancelled by default when this has one or more invoices due and unpaid with PÉREZ, even if these are in the process of judicial or extrajudicial dispute, with cash conditions being applied to the same, requiring advance payment prior to the delivery of any merchandise.
10.- Abandonment: If the contractual and/or effective consignee does not take charge of all or part of the goods on arrival, they shall be deposited at the risk and expense of the Client or whoever is responsible for them, subject to the provisions of the Law or, where applicable, the habits of commerce observed at the place of delivery. All costs incurred in these actions shall be borne by the Client. In particular, any costs incurred as a result of the delay in the collection/receipt of the container at the port of destination (delays of the container, occupation costs, etc.) shall be jointly and severally liable to PÉREZ by both the shipper and the consignee, without prejudice to other possible liability figures in its capacity as Merchant.
11.- Right of retention: PÉREZ has the right of lien and/or retention (general and particular) on the transported goods and Client documentation for all amounts due to it by virtue of the services entrusted to it by the same shipper and/or consignee or the representatives of them, whether the freight and other charges are payable at origin or at destination including but not limited to: payment of freight, charges, demurrage charges, occupation and any other charges arising from their transport and deposit until such time as they are released for sale, auction, destruction or delivery to the consignee or a legitimate third party, as well as the activities connected with and associated with their transport, etc.
PÉREZ may enforce its rights by any means it deems appropriate and admissible under the laws of the place where such rights are exercised or, failing that, the place of shipment of the goods or the place where the goods are to be delivered. If the goods are lost or destroyed, PÉREZ has the same rights as stated above in respect of compensation payable by insurance companies, transport companies or others. Unless expressly provided otherwise by law, this right shall extend to all goods shipped even if they do not correspond to the shipments for which the Client owes the invoices.
PÉREZ also reserves this right where the Client is in breach of the agreed payment terms, in which case such agreement shall be deemed invalid and unenforceable, and all unpaid amounts shall automatically become immediately due and payable, and PÉREZ shall have a lien on all goods in its possession. In addition, it may assert any other lien which is admissible under law. PÉREZ shall be entitled to institute any notary file permitted by law.
The Client shall be liable for any damage or deterioration to the goods, particularly if perishable, due to any lien or notary file PÉREZ or its agents may be required to take.
If the goods for which the lien or notary file is intended to be exercised are lost or destroyed, PÉREZ shall have the same rights as above in respect of any compensation paid by insurance companies, transport companies, etc. Unless expressly provided otherwise by law, this right shall extend to all goods shipped even if they do not correspond to the shipments for which the Client owes the invoices.
12.- Protest for loss, damage, averages, or delays: Unless imperative regulations to the contrary are applicable, actions for loss, damage, breakdown or delay of the goods transported may not be exercised if at the time of delivery of the respective shipments, the corresponding reservations have not been formalized. In the case of loss, damage, breakdown, or delay occurring in the
material execution of the transport, and when the regulations are imperative, the protests and reservations must be formulated in the terms and conditions indicated in the regulations in force and in those established in the International Agreements that regulate the mode of transport in each case.
Without prejudice to the above, the Client will be obliged to permit PÉREZ, or the person designated by PÉREZ to examine the damaged goods. The Client must likewise provide PÉREZ with all the documentation justifying the claim, without this implying in any case admission of fault or responsibility on the part of PÉREZ.
Claims that have not been previously inspected or validated by personnel designated by PÉREZ will not be accepted. In any case, they will be treated separately from the transport invoices. To evaluate any claim, it is essential that the Client is current in payment.
13.- Liability: In no case will PÉREZ be liable for loss of profit, consequential, indirect, exemplary or punitive damages and especially there will be no liability of PÉREZ for interruption of production, business or sale derived from delay, loss, theft, robbery or damage to merchandise nor for fines, sanctions, claims for losses due to depreciation or penalty clauses, fluctuations in currency exchange or the value of the merchandise, taxes or duties increased by the Authorities whatever the cause may be.
Any clause in any document other than these general conditions which directly or indirectly increases the objective/quantitative limits of liability set out in these conditions, such as for example: declaration of value and/or special interest in delivery, shall be null and void and shall be declared unwritten.
In the event that the Client expressly manifests its intention or interest in elevating the objective limits of responsibility, PÉREZ will inform the effective or principal carrier, who may or may not accept said proposal. If it is accepted, the Client must make the effective payment of the corresponding supplement on the cost of the freight for said agreement to be perfected. In no case will PÉREZ be bound in any way by this possible agreement, limiting itself to mediating between the Client and/or contractual shipper and the effective or principal Carrier.
These limitations will apply to all claims against PÉREZ, even if the claim is based on contractual liability or non-contractual liability. They shall also apply to any claim, whether civil, commercial, criminal, judicial, extrajudicial, or of any other nature. They shall also apply to any direct legal action against employees and/or dependents of PEREZ, whether permanent or temporary, for loss or damage to goods, as well as in the event of joint legal action against PEREZ and its employees, whether permanent or temporary.
14.- Prescription: All actions related to the services provided by PÉREZ prescribe / expire in the period indicated in the current regulations and, if applicable, the international agreements that regulate the different modes of transport, starting to run the period of prescription or expiry depending on what is established in each regulation or agreement. In any case and without prejudice to the previous no liability action shall be admitted against PEREZ if the action is not brought before the competent jurisdiction within a maximum period of one year from the delivery of the goods or from the time they should have been delivered.
15.- Basic information on data protection: Be informed that your personal data will be processed by PEREZ for the purpose of enabling the development, fulfilment and control of the agreed service provision relationship, the basis of the processing being the fulfilment of the contractual relationship.
The identification of the Parties is a necessary requisite for the formalization of the present Agreement, and therefore the same cannot be carried out without the requisite being met. The data shall be kept for as long as this Agreement subsists and even afterwards, until the eventual liabilities deriving from it expire. The data of the Parties may be communicated to banks and financial institutions for the management of collections and payments and to Public Administrations in the cases provided for in the Law, for the purposes defined therein.
They may request access to the personal data, its rectification, its deletion, opposition, data portability and limitation of its processing, at the address of the other party set out in the heading of this Agreement, as well as make a complaint to the Spanish Data Protection Agency. You may contact the Data Protection Delegate by means of the following e-mail address or by sending a communication to the address set out in the heading of the Agreement for the attention of the Data Protection Delegate: dpo@grupoperezycia.com
16.- Jurisdiction: Unless otherwise stipulated, the Client expressly submits to Spanish Law and to the jurisdiction and competence of the Courts of Madrid, renouncing any other jurisdiction if any.
Special conditions.
17. Representation: The subscription of bills of lading of the shipowner or the shipping company agent represented by PEREZ and the contracting of complementary services to maritime transport is always carried out on behalf of and in the name of the shipowner or shipping agent identified in the bill of lading or in the previous correspondence.
The invoicing of freight, import expenses and complementary transport services by PEREZ is done in its capacity as consignee agent, not being attributed in this case the status of effective or contractual Carrier.
The client has at his disposal the full clauses of the shipping company’s bill of lading, the conditions of which are fully applicable to the contracted transport and, by extension, to the consignee. Thus, in the event of liability action, whether contractual or extra-contractual, against PÉREZ for loss or damage of any kind to the goods transported (including commercial damage and delay), PÉREZ may make use of the conditions of the shipping company’s bill of lading covering said goods, and may use to its benefit all the limitations, benefits and exonerations provided for in the bill of lading, including the applicable law and jurisdiction clause, in international conventions, laws and regulations applicable to transport as if it were the effective Carrier.
18.- Liability as consignee: PÉREZ has no liability whatsoever for the execution of the transport contracted as agent on behalf of its principal.
In the event of extension of the responsibility of the carrier to its consignee agent or assimilation of the figure of the Consignee Agent to that of the Contractual Carrier, the liability of PÉREZ may in no case exceed that which would correspond to the effective carrier in accordance with the legislation in vigor, this liability may be limited in accordance with the applicable regulations in force (Law 14/2014 on Maritime Navigation, the Hague-Visby Rules, or other regulations that may be applicable as indicated in the bill of lading), with PÉREZ being able to make use of the contractual liability limits foreseen in the shipper’s bill of lading.
19.- PÉREZ shall not be liable for loss or damage to the goods, unless such loss or damage occurs while the goods are in the custody and control of PÉREZ and before they have been made available to the customer, after which time PÉREZ shall not be liable in any case.
20.- PÉREZ shall not be liable for: 1) Fault or negligence of the Client or its authorized representative; 2) Fault or defective packaging, labelling, or the absence thereof, provided that PÉREZ was not responsible for the packaging and marking of the goods. 3) War, rebellion, revolution, insurrection, usurpation of power or confiscation, nationalization or requisition by or under the orders of a Government or Public or Local Authority; 4) Strike, lockout or other industrial disputes affecting labor; 5) Damage caused by nuclear energy; 6) Natural disasters; 7) Force majeure; 8) Theft and/or robbery; 9) Circumstances which PÉREZ could not have avoided and the consequences of which it could not foresee. 10) Inherent defects and nature of the goods; 11) Piracy; 12) Incorrect labelling; 13) Other causes of exoneration established in the agreements or legal dispositions in force.
21.- PÉREZ shall not be liable for:
– In no case, if the goods have been transported by the Client or its representative.
– For the consequences resulting from cargo loading or cargo unloading operations that have not been carried out by him.
– Will not be responsible for the fulfilment of instructions given after the issue of the shipping or transport documents, as well as for any contingency derived from these subsequent instructions.
22.- PÉREZ may avail of itself of any disclaimers of liability, limitations of liability, time limits for complaints or actions, and optionally as it chooses from any jurisdiction clauses that may apply to the contractual/ effective Carriers or any other sub-contractors it has employed to perform the orders received.
23.- PÉREZ will only be responsible for errors made in the documentation or delivery of the goods if it has committed gross negligence or fraud. And, in such cases, its liability will be limited to 2.5 times the value of the freight.
24.- When the responsibility derives from facts or acts occurred during the execution of the transport, if PÉREZ should be subrogated in it, in no case can it exceed that assumed by the railway, shipping, air, road transport companies, warehouses, or any intermediary that intervenes during the transport, in accordance with the regulations and international agreements in force.
25.- When the transport is carried out by two or more different modes of transport, the liability of PÉREZ will be that applicable to the regulations of each phase or mode of transport. When it is not possible to determine the phase of the journey in which the damage occurred, the liability of PÉREZ will be decided in accordance with that established in Law 15/2009 on the contract of land transport of goods. Likewise, the protest for loss, damage or delay in the goods will be governed by the regulations applicable to the mode of transport in which the delivery of the goods is carried out or should be carried out.
26.- As warehouseman and/or depository, PÉREZ will only be liable for damage to the goods that occurs because of a breach of its contractual obligations in the cases and circumstances foreseen in the applicable regulations. Its liability shall commence at the time the goods are handed over to PÉREZ’s employees and shall end at the time the goods leave its warehouses for transport.
If the Client does not require the goods to be counted and/or weighed prior to their storage, he/she waives the right to claim for any losses that may occur when they are delivered, unless he/she can prove that this is due to a case of theft.
27.- In the event of a deposit and storage of goods, PÉREZ will limit its liability. The compensation for loss or damage shall not exceed 1/3 of the Public Indicator of Multiple Effects Income (IPREM) per day for each kilogram of gross weight of goods lost or damaged. Compensation for damages resulting from delay shall not exceed the price of transport. In the event of concurrence of compensation for several of these concepts, the total amount to be paid by the carrier shall not exceed the sum due in the event of total loss of the goods.
28.- PÉREZ’s liability for loss or damage to the goods, in the absence of mandatory regulations, is limited, at most, to the price paid for the transport or service provided. As an exception, the objective limits of liability provided in 1) Law 15/2009 of the CTT; 2) CMR Convention; 3) Hague- Visby Rules; 4) Montreal Convention will be applied.
29.- PÉREZ’s aggregate liability shall not exceed the limits of liability for total loss of the goods.
30.- Unless otherwise required by law, if PÉREZ is liable for damages resulting from delay in delivery, or for any indirect loss or damage other than loss of or damage to the goods, its liability will be limited to a sum not exceeding the equivalent of the carriage charge under the contract with PÉREZ. In any case the delivery times indicated to the Client will always be understood to be estimated and will be subject to the vicissitudes of the means of transport used. If the Client wishes to be guaranteed delivery of goods within a specific period, this must be expressly indicated by the Client when contracting the transport service and, in order to be binding, must be expressly accepted in writing by PÉREZ’s Management.
31.- PÉREZ is authorized to select and contract freight forwarders, carriers, warehouse operators, customs agents, shipowners, shipping lines, airlines, charter brokers and any other agents as required for the transport, storage, handling, and delivery of goods, all of whom shall be considered independent agents of PÉREZ. Goods shall be entrusted to them subject to all these conditions (such as limitations of liability for loss, damage, expense, or delay in delivery).
32.- As a customs broker or as an intermediary in customs operations, PÉREZ will only be liable for damage caused by its own fault or negligence but will in no case be liable in cases where it has followed the instructions of the Client or, where applicable, of the customs agent or representative. Similarly, the Client accepts that he/she is the person liable for payment of taxes and that PÉREZ is only acting on his/her instructions.
Insurance.
33.- PÉREZ does not insure against loss or damage during the carriage, storage or transport of goods or the provision of any other service, unless specifically instructed in writing by the Client, in which case the Client must pay the corresponding amount, subject to confirmation and insurance quote. The cost of insurance includes premium, taxes, administrative and issuing costs.
34.- When PÉREZ is expressly instructed by the Client to arrange insurance for goods, PÉREZ will always contract on behalf of the Client, acting as the uninsured policyholder. The Client expressly accepts that PÉREZ is empowered to insert a non-subrogation clause against PÉREZ for any claims that may be made by the insurer once the claim has been paid, especially in those cases in which there is insurance of the goods in which PÉREZ is not the policyholder.
35.- The terms and conditions of the insurance will be those set out in the insurance policy contracted, which will be available to the Client at their express request.
36.- PÉREZ shall not be liable for any disputes or claims that may arise between the Client and the insurance company contracted as a result of the insurance of the goods.
37.- When insuring the goods, the Client expressly undertakes to insert a non-subrogation clause against PÉREZ. In the event of failure to do so, the Client expressly assumes the obligation to hold PÉREZ harmless from any claim arising from the breach of this clause.
Conditions of the Offer.
38.- The offers do not include in any case: VAT, surcharges, Tariffs and / or Surety.
39.- Freight and surcharges subject to variations by the shipping companies. Notwithstanding the above, BAF, CAF, GRI, WAR RISC, PPS, BUC, PCS, PSS, etc. surcharges are subject to periodically and/or eventually revision. Those in force at the time of shipment (VATOS) will be applied.
40.- PÉREZ may require at any time the Incoterm or “terms of sale” of the goods agreed by the Merchant, reserving the right to reject or vary the conditions of the quotation or booking issued or confirmed by virtue of such information. Any damage or misunderstanding caused by the non-proper transmission of this information shall be for the Customer’s account.
41.- It does not include delays, occupations, detentions, port storages, inspections, X-rays, radiometry, etc. These expenses that may be generated will be borne by the parties interested in the cargo.
42.- Customs. If the receiver has its own customs agent at destination, independently of whether it is configured as the Client, PÉREZ reserves the right to invoice the corresponding commission for the concept of ” handling the cession of documentation” to the order.
The Client undertakes to carry out, where appropriate, the corresponding tax claim before the Canary Islands Government, within a maximum period of 20 natural days from the date of presentation of the dispatch.
The Client will be liable for the cost generated by the modification of any dispatch once it has been presented, PÉREZ reserving the right to pass it on to the ordering. Likewise, the Client and/or his customs representative will be jointly and severally liable for any administrative penalties that may result from such late modifications.
The prices offered do not include the positioning of the container in the inspection area (PIF) if this is requested by customs. They also do not include possible revisions requested by customs. If any, they will be charged at cost. These are only generated in case of request by the competent authority.
43.- There shall be two free hours for loading/unloading the container. Unless the parties expressly agree otherwise in advance, in the event of exceeding the mentioned period, the Client and/or ordering party shall be liable for the extra costs generated and for any damage directly or indirectly related to the overstay.
44.- Services with more than one pick-up address will be subject to a surcharge according to the rate €/hour. Please consult your sales representative. Home collection/delivery is understood to be on the ground floor at street level and does not include additional means and/or services (cranes, pulleys, forklifts, placement in warehouse/shop, etc.) or assisting personnel. If other means are necessary for the handling of the goods, these will be considered as an exception to the service and the cost and invoicing will be increased by the amounts corresponding to the work carried out.
45.- If the cargo does not coincide with the measurements and weight declared by the Client, its collaborators or dependents, the Carrier reserves the right to cancel the booking. If, despite discrepancies, it is accepted, this may result in a change in the applicable price quoted and other charges or fees, which will be applied without prior notice. Goods will be priced at their gross weight in kilograms, including their carriers or packaging. Bulky goods will be charged at the rate of 333 kg per cubic metrer or at the specific volume rate if any. For goods of special dimensions, indivisible, the extra cost for the loss of stowage will be applied, those of more than 3 metres in length or 2000 kg an increase of 30% (for extra-measures) on the current rate with a minimum stipulated directly with your commercial agent.
46.- Special equipment. In the case of FR / OT equipment with or without extra-measurements, the Client declares that the goods have been loaded, stowed, and lashed on his own account and under his responsibility, the costs associated with these operations not having been contemplated in the offer issued by default. Likewise, both PÉREZ and the Terminal reserve the right to accept the entry into the terminal/dock of the goods if the lashing is considered insufficient and / or poses a danger due to lack of stability and / or safety. In the event that the goods enter the terminal and at the time of loading the ship’s captain considers the lashing / stowage of the goods to be insufficient, inappropriate and/or unsafe, and does not accept the cargo on board, the client will be responsible for removing the goods from the terminal (with the consequent costs – among others – of demurrages and occupancy if any) and carrying out a reinforcement of the lashing and / or better stowage of the loaded goods outside the terminal.
For the reservation of special equipment, we require a boarding commitment and a space reservation request by the same means, as soon as possible and as far in advance as possible. In the event of cancellation by the Client, he/she declares that he/she is aware of and assumes the possible related costs that may arise in his/her case.
47.- REEFER EQUIPMENT. Minimum notice for equipment requests of 5 working days. The Client is obliged to check the settings configured in the Reefer equipment at the time of loading/unloading as well as at the time of checking the corresponding transport documentation, paying special attention to the values of ventilation, humidity, and temperature.
48.- The goods must be properly packed for transport in any mode (air, sea, land, multimodal or combined). If the packaging is in wooden boxes, these must have “windows” to be able to correctly lash the goods to the equipment. PÉREZ will not assume any responsibility in case of any damage caused to the goods because of poor packing, stowage and/or lashing.
49.- The customer will be responsible for the due and proper compliance of the ISPM Nº15 legislation or another applicable in the pallets or boxes in shipments to the Canary Islands. Said pallets or boxes must bear the distinctive (black spike), visible, which confirms that they have been subjected to an approved phytosanitary treatment. Failure to use the same will result in the customer assuming full responsibility for any penalties, possible confiscation, and destruction of the goods.
50.- The packages that make up each consignment must be clearly identified and marked with the appropriate markings or inscriptions that warn of the risk that their handling may entail for people or the goods themselves, coinciding with the description of the same contained in the consignment note.
51.- Offer valid for NON-IMO goods. Regarding Dangerous Goods, PÉREZ will only accept for shipment the goods previously authorized by the shipping company. For this purpose, the shipper will provide in due time and form the necessary documentation for its declaration. In these cases, a minimum of 25% surcharge will be applied on the freight charges. Reservations and loading orders will not be accepted for ADR goods below group 3. Loading orders for dangerous goods must be pre-notified by the contract/effective shipper 24 hours before the deadlines required for conventional goods. All shipments of dangerous goods must comply with the ADR/IMDG regulations in force at the time. The contractual/ effective shipper and the client are solely responsible for complying with current legislation, both in terms of packaging, documentation, markings, consignment notes and any other requirement that may be necessary for the transport of the goods, exonerating PÉREZ in particular from any liability that may arise from non-compliance with third parties.
52.- Goods: Compacted plastic (scrap) must be in big bags and palletized, bulk cargo is NOT allowed. Scrap goods subject to shipping conditions and final approval for shipment.
53.- Offer subject to availability of equipment and available space on board the vessel.
54.- Extra-weight land transport subject to weight limitations by the carriers up to the legal maximum permitted unless expressly authorized by the competent authorities. In case the gross weight of the goods exceeds 23.999 kg, there will be a surcharge of 25% on the road transport in accordance with the established restrictions.
55.- PÉREZ reserves the right to revise and re-quote, if we do not receive any booking or confirmation of acceptance of the offer, before the above-mentioned expiry date or validity of the offer.
56.- The Transit Time (TT) provided is for information and guidance only. The transit time and departure and arrival dates published are estimates. Such schedules may be brought forward, postponed, or cancelled without notice. In no event shall the PÉREZ be liable for consequential damages, loss of profit or delays in the scheduled departures or entries of any vessel or other means used for the carriage of the goods by sea or otherwise. The transit time applied at the time of booking may not be extended except with the express authorization of the Carrier or actual carrier and PÉREZ shall in no event be liable for any loss or damage caused because of such non-extension.
57.- All additional costs that are not reflected in the above offer, such as telex release, manifest corrector, certificate issuance, etc., are excluded.
58.- VGM: In the event that the VGM weighing is provided by the Client, if there is any discrepancy, the Client shall be responsible for any possible applicable penalties.
59.- If the customer receives damaged or incomplete goods (shortages), this must be reflected in the corresponding delivery note, leaving in any case a written record at the time of receiving the goods. If it is impossible to check the condition of the goods upon receipt, the customer is obliged to make the corresponding reservation and report the damage within the legally stipulated timeframe after delivery of the goods.
60.- Return of containers or pallets. The return of containers or pallets will be considered as an independent transport and invoiced as such.
61.- Refunds. Cash on delivery shipments will accrue a 5% commission with a minimum of 6,00€.
62.- Refunds. The shipments in which a disbursement must be invoiced will accrue a commission of 10% with a minimum of 11.00€.
63.- Epidemic / Pandemic/ Coronavirus: without prejudice to the provisions of the Force Majeure clause, PÉREZ does not guarantee the compliance with the route and schedule of the vessel and its cargo nor is it responsible for the delivery time, especially with respect to the main ports and other countries affected by the virus; this provision also includes and refers to shipments and cargo already in transit to the mentioned destination ports. This situation is beyond the control of PÉREZ, limiting itself to transmit the instructions and decisions taken by the Shipping Companies and/or the corresponding authorities of the affected countries and other international organisms. Similarly, the rates offered may be subject to other applicable surcharges, including but not limited to local charges, contingency charges, congestion charges and/or related/similar charges.
64.- The Merchant shall be jointly and severally liable to the Carrier for payment of all freight, Bunker Adjustment Factor (BAF), Currency Adjustment Factor (CAF), Terminal Handling Charge (THC), demurrage, detention, General Average, salvage and other charges, including but not limited to court costs, expenses and attorney’s fees incurred in the collection of sums due to the Carrier. Payment of ocean freight and related charges to another freight forwarder (e.g. origin/destination cargo agent), broker or any person other than the Carrier shall not be deemed payment to the Carrier and shall be made at the payer’s risk and expense. For the purposes of this clause, “Merchant” means and includes the Shipper, the Consignee/receiver, the “Contract Holder”, and the Owner of the Goods; and “Carrier” means the Multimodal Transport
Operator who has been engaged for the performance of the multimodal transport contract (as Carrier). However, it may be agreed that the freight is payable by the consignee of the goods by so stating in the bill of lading or waybill. In this case, the consignee is obliged to pay the freight if he accepts or collects the goods at destination. If the consignee refuses or does not collect the goods, the contracting party must pay the freight and other expenses related to the carriage. The latter must also pay the part of the freight that the Carrier has not received from the consignee despite having exercised the rights of retention or deposit.
65.- Due to the obligatory regulations focused on avoiding illegal practices related to the transport of dangerous goods, being the incorrect declaration of this type of goods or their lack of declaration a serious infringement for violation of laws, international regulations and IMDG code; PÉREZ will charge, pass on and repeat any sanction that is motivated or that may have any direct or indirect relation with the incorrect declaration or lack of declaration of dangerous goods and IMDG cargo when the merchant or any third party has not truthfully, accurately and sufficiently described the merchandise or its nature (or any other aspect related to it) in compliance with the IMDG code and/or any applicable law or regulation, whether intentionally or not.
Special conditions for shipments of personal effects.
(These apply without prejudice to the general terms and conditions)
66.- The customer declares to have carried out the packing and stowage of the container on his own account, PÉREZ not being responsible for any damage or loss that may occur to his goods because of poor packing or stowage.
67.- If PÉREZ must appear on the MBL as Shipper or Consignee, the customer (with address in Spain) must complete, sign, and stamp a LOI addressed to them in order to be able to manage the shipment of their goods.
68.- In any case, the client will be obliged to insure the goods by means of a floating policy.
Special Conditions for Bulk Cargo / Bulk Cargo.
(These apply without prejudice to the general terms and conditions)
69.- Corners / lifting points must be always accessible.
70.- The quotation is subject to stowage and lashing of cargo that complies with below or above deck stowage requirements.
71.- Wide span loads extending their full length and exceeding 555/1170 cm (20′ / 40′) cannot be stowed below deck due to cell guide restrictions.
72.- At least 25 cm clearance from end walls is required to allow for under-floor storage.
73.- Please note that if your cargo must be moved from the truck chassis to a piece of equipment (FR/OT), or vice versa, the terminal will apply the prevailing rates not included in the above quotation.
74.- Extra-weight land transport subject to weight limitations by carriers up to the legal maximum permitted unless expressly authorized by the competent authorities.
Special conditions for import cargoes.
(These apply without prejudice to the general terms and conditions)
75.- The prices offered do not include the positioning of the container in the inspection area (PIF) in case it is requested by customs office.
76.- It does not include possible revisions requested by customs office. If there were, they would be charged at cost.
77.- Quotation subject to container cleaning charge if there is dirt, if any, container cleaning will be charged according to the carrier’s tariff.
78.- If the Client wishes to carry out its own cleaning, it shall do so at its own risk and shall bear, where applicable, any additional charges levied by the Carrier for this purpose.
