Freight Forwarding. The Agent shall ensure that the carrier deploys the required transport vehicle or loading vehicle (including the required staff) for the proper performance of the order at the place and time specified in the Client’s order. The Agent declares that transport vehicles fully complying with the Client’s transport needs are at the disposal of the carriers contracted by it. The Agent shall also ensure that the condition and external appearance of the vehicles deployed and the behaviour of their personnel fit the good reputation of the Client. Unless otherwise agreed, the Client shall be obliged and responsible for loading and unloading the goods at the Client’s site while the Agent shall be obliged and responsible for loading and unloading the goods at the Agent’s site. In the case of entries, the supplier is obliged and responsible for loading the goods on the supplier’s site while in the case of removals, the addressee is obliged and responsible for unloading the goods to the side of the transport vehicle in the addressee’s site. Unless agreed otherwise, in the case of removals, the delivery time is the end of the working day after the receipt of the order by the Agent respectively, in the case of entries, the end of the second working day following receipt of the order by the Agent. The Agent shall notify the Client without delay of any problem arising in relation to any entry or removal (e.g. foreseeable delay, the addressee cannot be reached, damaged goods, etc.). The Agent shall notify the Client as soon as possible in writing of any objection raised by the addressee upon the delivery of the goods to the address (including, in particular, and quantitative or qualitative objections) and record the objection on the transport documents simultaneously with the delivery of the goods. When transporting dangerous goods, all the person involved bear full responsibility for their respective areas. The Agent shall be responsible for observing the conditions of the document concerning the shipment during the performance of the duties undertaken in the Individual Contract and, if the Agent is authorised to fill documents, the Agent shall fill such documents truthfully and accurately on the basis of the data received from the Client. The Agent shall not be responsible for the incorrect completion of the documents if the incorrect data was received from the Client. In the case of the transport of dangerous goods, the Agent shall be responsible for placing the adequate mark on the vehicle as well as placing and fastening the cargo on the vehicle. In the case of the transport of dangerous goods, the Agent may contract only with carriers holding the necessary official permits who undertake in the contract to carry out the obligations relating to the transport of dangerous goods in full. The Agent shall send the Client the signed delivery notes in proof of the completion of transport by the time and in the manner specified in the Individual Contract.
Appears in 1 contract
Sources: Individual Contract
Freight Forwarding. The Agent shall ensure that the carrier deploys the required transport vehicle or loading vehicle (including the required staff) for the proper performance of the order at the place and time specified in the Client’s order. The Agent declares that transport vehicles fully complying with the Client’s transport needs are at the disposal of the carriers contracted by it. The Agent shall also ensure that the condition and external appearance of the vehicles deployed and the behaviour of their personnel fit the good reputation of the Client. Unless otherwise agreed, the Client shall be obliged and responsible for loading and unloading the goods at the Client’s site while the Agent shall be obliged and responsible for loading and unloading the goods at the Agent’s site. In the case of entries, the supplier is obliged and responsible for loading the goods on the supplier’s site while in the case of removals, the addressee is obliged and responsible for unloading the goods to the side of the transport vehicle in the addressee’s site. Unless agreed otherwise, in the case of removals, the delivery time is the end of the working day after the receipt of the order by the Agent respectively, in the case of entries, the end of the second working day following receipt of the order by the Agent. The Agent shall notify the Client without delay of any problem arising in relation to any entry or removal (e.g. foreseeable delay, the addressee cannot be reached, damaged goods, etc.). The Agent shall notify the Client as soon as possible in writing of any objection raised by the addressee upon the delivery of the goods to the address (including, in particular, and quantitative or qualitative objections) and record the objection on the transport documents simultaneously with the delivery of the goods. When transporting dangerous goods, all the person involved bear full responsibility for their respective areas. The Agent shall be responsible for observing the conditions of the document concerning the shipment during the performance of the duties undertaken in the Individual Contract and, if the Agent is authorised to fill documents, the Agent shall fill such documents truthfully and accurately on the basis of the data received from the Client. The Agent shall not be responsible for the incorrect completion of the documents if the incorrect data was received from the Client. In the case of the transport of dangerous goods, the Agent shall be responsible for placing the adequate mark on the vehicle as well as placing and fastening the cargo on the vehicle. In the case of the transport of dangerous goods, the Agent may contract only with carriers holding the necessary official permits who undertake in the contract to carry out the obligations relating to the transport of dangerous goods in full. The Agent shall send the Client the signed delivery notes in proof of the completion of transport by the time and in the manner specified in the Individual Contract. If the Agent is acting as freight forwarder, it shall not be liable as a carrier unless it has forwarded the consignment together with other consignments by the same means of transport and the damage has arisen from that cause; or the consignment in its possession is lost or damaged. Claims of the Client against the carrier and other intermediaries used by the freight forwarder shall be asserted by the Agent at the expense and risk of the Client in the event of the Client's instructions. In the case of the transport activities of the Agent, or in the case of carrier's liability as referred to in Clause 4.10, the cases and the extent of such liability shall be governed by the provisions of Decree-Law No. 3 of 1971, promulgating the Convention concerning the International Carriage of Goods by Road, signed at Geneva on 19 May 1956.
Appears in 1 contract
Sources: Framework Service Agreement