AB LOGISTICS GROUP GENERAL TERMS
GENERAL TERMS AND CONDITIONS
FOR TRANSPORT SERVICES APPLICABLE TO CARRIERS/SUBCONTRACTORS OF AB LOGISTICS GROUP EOOD
These terms and conditions are an integral part of each order-contract and shall apply in full, unless otherwise agreed in writing.
1. The Carrier shall be responsible for the proper and safe loading, stowage and securing of the goods, ensuring that the axles or the vehicle are not overloaded. The vehicle driver shall verify and monitor the strength of the packaging, its suitability and sufficiency for the safe carriage and the parameters of the goods that are loaded in the vehicle. In case of any damage to the packages, detection of inappropriate or insufficient packaging, absence or discrepancy in the number and/or weight, and/or other parameter of the goods compared to the one specified in the order, or in case of failure to verify/monitor/count, as well as in case of refusal of the consignor to let the driver during the loading, stowage and securing of the goods, the driver shall IMMEDIATELY notify AB LOGISTICS GROUP in writing before leaving the loading point and make a note in box 18 of the CMR. Otherwise, the Carrier shall be liable for the entire amount of the damages incurred.
2. In the event of carriage of dangerous goods, the vehicle and the driver must have the necessary equipment, including, but not limited to, an ADR training certificate of the driver transporting dangerous goods, any other documents and safety equipment in accordance with the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). The Carrier shall declare and ensure that their staff are familiar with all the requirements of the regulations for the carriage of dangerous goods and are properly trained in safe handling and emergency response procedures.
3. In the event of carriage with a temperature mode, the Carrier shall make sure that the vehicle has been properly tempered before loading, and that the goods have been properly tempered before loading. The driver shall control and maintain the temperature as required in the order at all times until its delivery to the final destination. In the event that the Carrier fails to fulfill these obligations, they shall be liable for any damages suffered by AB LOGISTICS GROUP, including, but not limited to, damages caused by malfunctions of the equipment used, regardless of the ownership, weather conditions, etc.
4.1. Every working day by 10:00 AM about the location of the vehicle, as well as the forecast of the date and time of arrival at the customs or discharge point, any deviation from the standard transport route, technical failure, need of break, any restrictions and prohibitions for driving, lack of readiness of the consignor or consignee or any other events that may delay the on time delivery of the goods according to the deadlines in the transport order or discharge and any additional costs (including overload fees).
4.2. IMMEDIATELY, in case of any DISCREPANCY between the data in this order-contract, the bill of lading and the actual characteristics of the goods (eg. markings, weight, etc.), resp. the accompanying documents. In this case the Carrier shall not be entitled to accept the goods and initiate the carriage without the express written permission of AB LOGISTICS GROUP.
4.3. IMMEDIATELY, if the Carrier intends to pass through the Republic of Serbia or another country for which special requirements have been established.
4.4. IMMEDIATELY, in the event of circumstances that could lead to a delay in loading or delivery of the goods.
In the event of violation of the conditions listed in item 4, the Carrier shall owe AB LOGISTICS GROUP a penalty in the amount of BGN 200 (two hundred Bulgarian levs) for each violation. In the cases of accrual of the penalty under the previous sentence, the term for payment of the agreed freight shall be extended by 30 (thirty) calendar days. If the Carrier has not informed AB LOGISTICS GROUP about any possible delays in loading or discharge, AB LOGISTICS GROUP shall not owe any compensation to the Carrier for any damages. If the Carrier has not informed AB LOGISTICS GROUP about possible additional costs and/or has not received approval thereof, AB LOGISTICS GROUP shall not owe compensation for the additional costs incurred by the Carrier.
5. The Carrier must have a valid CMR insurance (carrier’s liability) relating to the tractor and the trailer as a set. The insured person (carrier) must have a license for performing international carriage, valid CMR insurance to be provided with the confirmation of the order-contract. The validity of the CMR insurance is subject to verification with the Carrier’s insurer.
If faulty CMR insurance is identified, the Carrier shall not be entitled to perform the transportation. In case of non-compliance with this condition and if transportation has started without valid CMR insurance, the Carrier shall owe AB LOGISTICS GROUP a penalty of 100% (one hundred percent) of the agreed freight. In addition, in case the Carrier does not have a valid Carrier’s Liability Insurance at the time of awarding the carriage, AB LOGISTICS GROUP shall have the right to:
– take out such at the expense of the Carrier with an insurer selected by AB LOGISTICS GROUP, in case the transportation has not started yet;
– take out cargo insurance during the transportation at the expense of the Carrier with an insurer selected by AB LOGISTICS GROUP, in case the transportation has already started.
In both cases AB LOGISTICS GROUP shall have the right to deduct the insurance premiums paid by them under the respective insurance with the amounts due to the Carrier for the specific transportation or other transportation services assigned to them by AB LOGISTICS GROUP.
6. In case the Carrier fails to deliver the vehicle to the loading point within the period specified in the order, AB LOGISTICS GROUP shall have the right to terminate the carriage contract at any time after the delay, with immediate effect, as well as to claim a penalty in the amount of BGN 1,000 /one thousand Bulgarian lev/.
7. The vehicle must be in technically good condition, with charging capacity according to the order-contract, with GPS, with a strong tarpaulin, clean, solid and dry floor and cargo space, odorless, equipped with suitable means of securing the goods, including, but not limited to a minimum of 15 belts, a minimum of 2 cargo bars, tir cable, anti-slip mats, load corner protectors, two independent anti-theft devices installed and activated: these may be an immobilizer or other electronic device/anti-theft system, the second anti-theft device can be a lock on the steering wheel, tires, etc. (door locks and engine start key shall not be referred to as anti-theft devices), personal protective equipment for the driver that meet all the requirements for the carriage of goods under this order-contract throughout the entire transportation service.
8. In the event of non-compliance with this condition, the Carrier shall owe to AB LOGISTICS GROUP a penalty in the amount of BGN 100 (one hundred Bulgarian levs) and compensation in excess of this amount for the damages resulting from this non-compliance.
9. The Carrier shall comply with all international and local laws and regulations applicable to the performance of the carriage and in their relations with their employees and shall maintain a safe working system in accordance with the guidelines of these laws and regulations. The Carrier shall acquaint the driver and give them detailed instructions on the safety and security of carriage, according to the terms and conditions of the relevant order-contract. The Carrier shall provide and maintain all necessary permits, tolls and visas required under the relevant applicable provisions in the relevant legislation for the carriage from the point of loading to the point of discharge, as well as for the passage through the countries of transit. Otherwise, the Carrier shall be liable for all damages incurred.
10. The Carrier shall be liable for all damages incurred to AB LOGISTICS GROUP or the Client of AB LOGISTICS GROUP, which have occurred as a result of loss or damage to the goods. If due to damage to the goods during carriage or due to any discrepancies in the conditions of carriage, as agreed in advance, or due to any act and/or omission of the Carrier, additional costs have been incurred or shall be incurred in connection with, but not limited to: transportation of goods back to the consignor or to another place, according to the instructions of AB LOGISTICS GROUP and at the request of the client, scrapping, destruction, additional operations with goods, manual labor, repackaging, etc., the costs incurred in this regard will be borne by the Carrier.
11. The Carrier shall be liable for any lack of the goods. They shall be obliged to park the vehicle only at a secured car park, with live security, access control, lighting, video surveillance and enclosures, and the goods should not be left unattended. The Carrier undertakes to plan the route in such a way that enables the driver to always have a break and spend the night at a secured car park as described above, not in uninhabited places without proper lighting, in a lay-by or in industrial areas in front of a discharge point. After leaving the car park, the driver shall perform a careful and thorough inspection of the tractor and the freight compartment after each break, following the instructions for safety and security regarding the subjects for loading and delivery.
12. In connection with the avoidance of smuggling and/or theft of the GOODS, it is the obligation of the CARRIER to take any reasonably required preventive measures, such as, but not limited to: provision of locking devices of the FREIGHT UNITS, parking at secured car parks with video surveillance and lighting, located at a considerable distance (at least 150 km) from places with an increased risk of theft and access of emigrants, such as ports and terminals, careful and thorough inspection of tractor and freight compartment after each break, compliance with safety and security instructions regarding the subjects for loading and delivery.
13. The driver undertakes not to smuggle people and goods, such as cigarettes, alcohol, etc., into the cab or the freight compartment of the vehicle. In the event of smuggling, the Carrier shall bear full responsibility for any consequences thereof and shall pay any administrative and contractual sanctions imposed on them or AB LOGISTICS GROUP, as well as a penalty of EUR 50,000 (fifty thousand euro), where AB LOGISTICS GROUP shall be entitled to deduct such penalty from the amounts due to the Carrier.
14. In case of a traffic accident, fire, theft or discovery of emigrants in the trailer, the Carrier shall be obliged to immediately notify AB LOGISTICS GROUP and the local police authorities.
15. The driver shall be personally obliged to keep all customs, commercial and other documents of the transported goods and to carry them at all times during transport, including when leaving the parked vehicle. The driver shall provide these documents only to persons they strongly believe have the right to receive the documents and can provide and/or process them properly.
16. All claims for non-compliance with the terms in the order-contract shall be at the expense of the Carrier. In case of non-compliance with the terms for loading, discharge and delivery, charges in the amount of BGN 400 (four hundred Bulgarian levs) shall be due per day for each started day. In case of unspecified delivery time, an average daily mileage of 480 km (four hundred and eighty kilometers) shall be accepted per day. In case of delay or anticipated delay of the vehicle for loading or discharge, which is not acceptable for AB LOGISTICS GROUP, the latter shall reserve the right to withdraw the order and award its execution to another subcontractor in order to meet the agreed deadlines. All additional costs arising from such withdrawal, such as, but not limited to: higher transport costs, overload and handling costs, shall be directly invoiced to the Carrier and deducted from their invoices. If there are no invoices due to the Carrier, the latter shall be obliged to pay the invoiced additional costs within 5 /five/ days from the date of receipt of the relevant invoice by email.
17. The term for loading, resp. discharge without compensation for the Carrier shall be up to 24 (twenty-four) hours for each of the operations. It is not allowed for the truck to leave the loading/discharge point without written instructions and confirmation from AB LOGISTICS GROUP, otherwise the Carrier will be sanctioned with a penalty of BGN 500 /five hundred Bulgarian lev/. Any claims for stay costs by the Carrier after the expiration of the free stay shall be accepted by AB LOGISTICS GROUP only in case of providing a record in the bill of lading /or other similar document such as Standing card, confirmed by an employee at the loading/discharge point, indicating the date and time of arrival/departure of the vehicle from the loading/discharge point. The Carrier shall not be entitled to claim costs for stay in case of delay or earlier arrival for loading/discharge other than the date and time provided in the order.
18. The Carrier shall be obliged to provide to AB LOGISTICS GROUP:
18.1. Scanned copy or image of CMR (with no notes) within 48 (forty-eight) hours after discharge of the goods.
18.2. Within 10 (ten) days following discharge the original documents listed below:
а) CMR - 2 (two) originals of CMR (with no notes) duly stamped and signed by the consignee;
b) original invoice with duly entered number of the order;
c) thermal wrap (upon applicable temperature mode), a copy of the TIR carnet with a T2L marking thereon (or another T-document), bearing the stamp of the customs authorities at the place of destination, other documents, provided to the Carrier in connection with the carriage to a loading /discharge or intermediate point;
d) original order-contract stamped and signed by the Carrier.
The agreed freight shall be paid to the Carrier only after receiving the mailing address indicated in the respective order-contract, of the full set of the required original documents.
In case of delay under item 18.1. and 18.2. by the Carrier, the payment term shall be extended by an additional 30 (thirty) calendar days.
19. The Carrier shall not be entitled to a subcontractor without the explicit prior written permission of AB LOGISTICS GROUP. In case the Carrier violates their obligation under the previous sentence, they shall owe a penalty in the amount of 100% (one hundred percent) of the agreed freight and shall be responsible for the acts of the other carriers as if they were their own.
20. The Carrier shall have no right to replace the vehicle specified in the order-contract, without the explicit prior written approval of AB LOGISTICS GROUP. In case the Carrier violates their obligation under the previous sentence, they shall owe a penalty in the amount of BGN 200 (two hundred Bulgarian levs) for each violation. The requirements to the replaced vehicle of the relevant contract- order shall apply to the new vehicle.
21. Any direct contact with the client of AB LOGISTICS GROUP shall be prohibited. Upon establishing such contact, the Carrier shall owe AB LOGISTICS GROUP a penalty in the amount of BGN 10,000 (ten thousand Bulgarian levs). In case of damages in excess of the above-mentioned penalty, AB LOGISTICS GROUP shall be entitled to claim compensation in the amount of the actual damages.
22. The Carrier shall owe to AB LOGISTICS GROUP a penalty in the amount of BGN 1,000 (one thousand Bulgarian levs), in case they cancel/refuse an already confirmed order-contract, within less than 24 (twenty-four) hours before the planned loading/ date of loading specified in the respective order-contract, including in the cases when there is a period shorter than 24 (twenty-four) hours from the acceptance of the order to the term of loading.
23. In the cases when the engagement of the whole vehicle has been agreed, the reloading of the vehicle with any other goods, except the ones described in the order, shall be prohibited, unless AB LOGISTICS GROUP has subsequently given written instructions for reloading. In case of non-compliance with this agreement, the Carrier shall owe a penalty in the amount of the agreed freight for each individual violation, as well as the value of the damages above this amount, if any.
24. All penalties provided in these GTC to the order-contract shall not limit or prevent the right of AB LOGISTICS GROUP to claim compensation for the difference up to the amount of the actual damages, if they are greater than the relevant penalty. The payment of the penalties can be made by offsetting with the due freight and shall not limit the right of AB LOGISTICS GROUP to seek actual performance and/or compensation for damages and lost profits in a larger amount.
25. By signing the order for carriage, or by starting the carriage, the Carrier gives their consent in case of notification or complaint for lack and/or damage, or delay in delivery or any other type of discrepancy in the conditions of carriage, as well as for damage to the property of AB LOGISTICS GROUP, the client or third parties, for AB LOGISTICS GROUP to withhold the payment of any or all amounts due to them under the same and other signed contracts until clarification of the circumstances of the case and its resolution.
26. Under no circumstances shall the Carrier have the right to retain the transported goods or other property of AB LOGISTICS GROUP or property of their customers, otherwise the Carrier shall owe a penalty of EUR 5,000 (five thousand euro) and shall be liable for all damages in excess of this amount.
27. Any outstanding issues in the order-contract and in these General Terms and Conditions shall be subject to the Bulgarian law and the applicable conventions for international transport and carriage of goods and cargo, including CMR Convention, TIR Convention, ADR Convention, with all rights and obligations arising thereof, including in respect of liability, claims for non-performance, claims, etc.
28. The Parties declare herein that they agree that all disputes arising under or relating to the contract of carriage, including disputes concerning its interpretation, invalidity, performance or termination, shall be settled through negotiation in good faith between them and through mediation. If no agreement is reached, each Party shall be entitled to refer the dispute to the competent court. The Parties agree that in resolving the dispute, the court shall apply the Bulgarian law and the applicable conventions on international transport and carriage of goods and cargo, including the CMR Convention, the TIR and ADR conventions, etc.
29. By signing the relevant order-contract, you confirm that you are familiar with and shall comply with: Milog, Macron, Lohn- und Sozialdumping-Bekämpfungsgesetz or abbreviated as LSD or LSD-BG and any other laws related to the minimum wage of the respective parties as well as the SENT Regulation.