Valid since 02.05.2018
KUEHNE + NAGEL SIA
GENERAL TERMS OF ROAD TRANSPORTATION
The General Terms have been prepared in Latvian and English. In the event of any disputes, the Latvian version of the General Terms shall be deemed superior.
1 GENERAL PROVISIONS
These General Terms of Road Transportation of Cargoes apply to all agreements entered into between the Customer and Kuehne + Nagel SIA in relation to the organisation of carriage of goods by road.
The Customer’s acceptance of Kuehne + Nagel SIA offer shall also be considered as the Customer’s acceptance of these terms of transportation.
Within the meaning of these general terms the Customer is a company who orders the transportation service and is responsible for paying the carriage charge.
Within the meaning of these general terms the cargo refers to the goods sent from one place by one sender to one destination for one recipient under a waybill.
Within the meaning of these general terms the waybill is a document certifying the acceptance of the goods from the sender and their handing over to the recipient. If the goods are carried by several vehicles, there can be more than one waybill.
Within the meaning of these general terms groupage is a service in which the goods move from the place of departure to the point of their destination through various freight terminals under several waybills. The groupage service can be used if a cargo unit is no more than 2,4 m long, 2,2 m high, 2,4 m wide and weighs no more than 1200 kg per piece and if the entire weight of the consignment does not exceed 2500 kg. The goods should be packed in a way suitable for transhipment.
Within the meaning of these general terms Less Than Truckload (LTL) refers to the type of carriage in which the goods are moved from the place of departure to the point of their destination by one vehicle under one waybill and occupy the space in the trailer only partially. The goods should be packed in a way suitable for transhipment.
Within the meaning of these general terms Full Truck Load (FTL) refers to the type of carriage in which the goods are moved from the place of departure to the point of their destination by one vehicle under one waybill occupying the entire space of the trailer.
The carriage quotation is based on the information contained in the Customer’s query and applies to ordinary goods which are not dangerous, do not require special handling, do not deteriorate and are not oversized, except when it is separately indicated in the offer.
The quotation specifies the type of service offered (FTL/LTL/groupage).
The special handling of goods and documents is offered at extra cost. If Kuehne + Nagel SIA runs into unanticipated expenses when handling the goods or documents and these Kuehne + Nagel SIA expenses have not been caused by Kuehne + Nagel SIA actions or omissions, the Customer is obliged to reimburse Kuehne + Nagel SIA for those expenses.
The making of a quotation does not guarantee the necessary space in the vehicle.
The quotation is made in euros unless otherwise specified in the offer. If the quotation is made in a currency other than euro then the amount will be converted into euros at the exchange rate of the European Central Bank in place at the time when the invoice was issued. The exchange rate will be indicated in the corresponding invoice.
The prices specified in the quotation are exclusive of VAT. It shall be added to the price given in the quotation in accordance with the legislation of the Republic of Latvia.
The quotation is valid for 7 calendar days unless otherwise specified in the offer.
The quotation is confidential and should not be disclosed to third persons.
4 TRANSPORTATION ORDER
If the quotation made by Kuehne + Nagel SIA is acceptable to the Customer, the Customer should place a transportation order in a format that can be reproduced in writing. The transportation order should contain the following information:
1. terms of delivery: in accordance with the international delivery terms in force at the time the order was placed (Incoterms in force at the time the transportation order was made);
2. loading address (the company’s name and precise address including the postal code);
3. details of the contact person at the place of loading (name, telephone and email);
4. time of readiness for loading the goods; specific aspects relating to the loading (e.g. time based restrictions for the loading);
5. quantity of the goods (weight, dimensions, number of units and other such details about the goods);
6. nature and description of the goods (incl. specific requirements for handling and transportation of the goods);
7. unloading address (the company’s name and precise address including the postal code);
8. details of the contact person at the place of unloading (name, telephone and email);
9. the person carrying out the customs procedures;
10. agreed transportation price.
11. If the Customer wishes Kuehne + Nagel SIA to act as an intermediary in securing the goods in transit insurance for the consignments, this wish should be clearly indicated in the transportation order.
The transportation order is deemed to have been accepted by Kuehne + Nagel SIA if the latter has confirmed the order in a format that can be reproduced in writing. Confirmation of the transportation order is deemed to effect the conclusion of the contract for carriage of goods between the Customer and Kuehne + Nagel SIA.
The Customer is liable for the accuracy of the details specified in the transportation order. In the event of failure to provide accurate details Kuehne + Nagel SIA has the right to require the Customer to reimburse it for the additional expenses incurred due to inaccurate information.
5 TRANSPORTATION PRICE
The calculation of the quotation for carriage by road is based on the quantity, dimensions and weight of the goods specified in the Customer’s query. The carriage charge is calculated with reference to specific or real weight, whichever is larger.
The following is taken into account in calculating the carriage charge:
1. In the case of FTL the aggregate weight of the cargo should not exceed 24 tons; the cargo should take up to 13,6 ldm of the cargo compartment.
2. In the case of LTL, 1 EUR-pallet = 740 kg, 1 FIN-pallet = 925 kg, 1 ldm = 1850 kg, 1 m³ = 333 kg.
3. In the case of groupage, 1 m ³ = 250 kg, 1 ldm = 1 250 kg.
The calculation of the final carriage charge is based on the actual details of the consignment. The price given in the quotation is valid only for the quantities specified in the query. In the case of changes, the price will increase in proportion to Kuehne + Nagel SIA increased expenses.
In the case of a smaller consignment Kuehne + Nagel SIA has the right to charge the Customer for the entire cargo compartment space ordered in accordance with the quotation.
6 CANCELLATION OF ORDER
After the contract for carriage of goods has been concluded between the Customer and Kuehne + Nagel SIA, the Customer can cancel the contract (cancel the order) by sending in a format that can be reproduced in writing a notice of cancellation to Kuehne + Nagel SIA no later than 24 hours before the scheduled loading of the goods.
If the Customer sends the order cancellation notice at least 48 hours before the scheduled loading of the goods, Kuehne + Nagel SIA has the right to require the Customer to pay a contractual penalty in the amount of 10% of the carriage charge specified in the quotation.
If the Customer sends the order cancellation notice at least 24 hours before the scheduled loading of the goods, Kuehne + Nagel SIA has the right to require the Customer to pay a contractual penalty in the amount of 20% of the carriage charge specified in the quotation.
The payment of the above-mentioned contractual penalties shall be deemed to cover the expenses incurred by Kuehne + Nagel SIA in preparing to fulfil the order. °
It is not possible to cancel the order less than 24 hours before the scheduled loading of the goods. When the order cancellation notice is sent less than 24 hours before the scheduled loading of the goods, the Customer has to pay 100% of the price given in the quotation.
7 DELIVERY PERIOD
The delivery period specified in the quotation is provisional and does not include the time needed for customs clearance and additional handling of the goods.
If the goods have not been delivered within the time limit agreed or if, in the case where no time limited was agreed, the actual duration of the transportation taking into account the specific circumstances (in particular, the partial loading or the time normally needed to fully fill the cargo compartment) exceeds any reasonable time frame, the delivery of the goods is deemed to have been delayed.
A claim for delayed delivery is only justified if the claimant proves that he has incurred loses as a result of the delay. The carrier is obliged to provide reimbursement for the proven loses in an amount not exceeding the transportation price.
The Customer is obliged to ensure that the cargo is properly packed and labelled.
The Customer is responsible for loading, proper fastening and unloading of the goods. The Customer shall also pay all the loading-related expenses and reimburse for any damage caused. The cargo shall be handed over in the cargo compartment (trailer, container, etc).
Transportation price includes the following cargo loading / unloading time spent at the client:
- if the transportation weight is up to 2499 kg 30 min
- if the transportation weight is from 2500 kg up to 9999kg 1 hour
- if the transportation weight is exceeding 10000 kg 2 hours
The transportation price includes the time for customs clearances by export (if necessary):
If the above mentioned terms are exceeded a compensation of transport demurrage is calculated.
The payment shall be made in accordance with the quotation, the actual volume, weight, etc. of the cargo and the cooperation agreement entered into between Kuehne + Nagel SIA and the Customer. In the absence of a cooperation agreement the transportation invoice shall be paid in advance or in compliance with the credit conditions agreed.
Kuehne + Nagel SIA has the right to place a lien on the cargo if the Customer has failed to pay the invoices issued for the services provided by Kuehne + Nagel SIA. If a lien is placed the Customer has to reimburse the corresponding expenses.
Any complaints relating to the fulfilment of orders and the invoices issued should be made to Kuehne + Nagel SIA in a format that can be reproduced in writing no later than within 7 calendar days of the day on which the invoice was issued. Subsequent complaints will not be considered.
The making of a claim within the time limit stipulated provides no exemption from the obligation to pay the invoice on time.
In case of delayed payments, it will be requested to pay the statutory delay interest and debt collection costs in the amount of 40.00 euros based on the requirements of Directive 2011/7/EU of the EP and the Council of 16.02.2011 on combating late payment in commercial transactions and the Civil Law of the Republic of Latvia.
The Customer does not have the right to offset its claims against Kuehne + Nagel SIA or to refuse to fulfil any of its obligations on any grounds.
11 NOTIFICATION OF DAMAGE AND LIABILITY
The damage caused to the goods in the course of fulfilling the transportation order should be specified by the Customer in the accompanying document or in a separate report. The accompanying document or the report should be immediately sent by the Customer to Kuehne + Nagel SIA via email at email@example.com
If the goods have hidden damages or loses and the Customer fails to notice that when accepting them, the Customer should within 7 days send a corresponding report to Kuehne + Nagel SIA email address at firstname.lastname@example.org . In this case Customer has to prove that damage or loss has accured during transportation.
Kuehne + Nagel SIA liability for damaged or lost goods is limited in accordance with the Convention on the Contract for the International Carriage of Goods by Road (CMR). If reimbursement for the damaged goods is provided, the right of ownership is transferred to Kuehne + Nagel SIA.
12 IMPLEMENTING PROVISIONS
In issues not covered by these general terms the parties shall be guided by the General Terms and Conditions of the Latvian Logistics and Freight Forwarding Association. http://www.laff.lv/en/general-conditions-of-laff/