General Conditions of Sea Transportation

These General Terms of Sea Transportation of Cargoes apply to all agreements entered into between the Customer and Kuehne+Nagel SIA in relation to the organization of carriage of goods in part or in full by sea.

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 one Bill of Lading (B/L, BAL, BAAL).

Within the meaning of these general terms the sea waybill is a document certifying the acceptance of the goods from the sender and their handing over to the recipient.

Within the meaning of these general terms special labeling refers to labels and marks signifying the need for special handling (e.g. Fragile).

The carriage quotation is based on the information contained in the Customer’s query and applies to general cargo only and exclude dangerous goods, perishables, valuables, temperature controlled, oversized, over-length, out-of-gauge cargo, or any other special cargo, unless explicitly mentioned in the offer and accepted by Kuehne+Nagel SIA.

Special handling of goods and documents is offered at extra cost. The Client undertakes to reimburse Kuehne+Nagel SIA for any unavoidable additional expenses arising from the circumstances precluding normal handling (incl. provision of inaccurate information as mentioned in section 4 hereof).

The quotation does not guarantee the necessary space in the cargo compartment of 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.

The quotation does not contain the expenses relating to customs and veterinary checks, storage, detention, demurrage at port of origin and destination.

The quotation is subject to space and equipment availability.

The transportation order shall be placed in a format that can be reproduced in writing and shall contain the following information:

• Terms of delivery: in accordance with the international delivery terms in force at the time when the order was placed (Incoterms in force at the time when the transportation order was made).

• loading address (the company’s name and precise address including the postal code);

• details of the contact person at the place of loading (name, telephone and email);

• time of readiness of the goods (incl. specific aspects relating to the loading, e.g. time based restrictions for the loading);

• quantity of the goods (weight, dimensions, number of units and other such details about the goods);

• nature and description of the goods (incl. specific requirements for handling and transportation of the goods);

• unloading address (the company’s name and precise address including the postal code);

• details of the contact person at the place of unloading (name, telephone and email);

• person carrying out the customs procedures;

• agreed transportation price;

• If the sender wishes the carrier 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 accepted if the freight forwarder has confirmed the order in a format that can be reproduced in writing.

The Customer is liable for the accuracy of the details specified in the transportation order. If the Customer fails to provide accurate details Kuehne+Nagel SIA has the right to issue the sender an invoice for additional expenses incurred due to inaccurate information.

The placing of a transportation order based on Kuehne+Nagel SIA offer is viewed as the entry into the contract for carriage of goods between the Customer and Kuehne+Nagel SIA.

The calculation of the carriage charge is based on the quantity, dimensions and weight of the goods specified in the Customer’s query for LCL shipments , assuming that 1 m3= 1000 kg. The carriage charge is calculated with reference to either specific or real weight, whichever is greater. For FCL shipments calculation is based on requested unit size/ equipment.

The calculation of the final price 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 is adjusted in accordance with the actual transportation expenses.
The carriage charge is given in euros. If the quotation is made in a currency other than Euro, the amount will be converted into Euros at the exchange rate of the European Central Bank in force at the time when the invoice was issued. The exchange rate will be indicated in the corresponding invoice.

The cancellation fee is applied when the Customer has placed an order and cancels it for reasons not depending on Kuehne+Nagel SIA. The cancellation fee shall be determined on the basis of the expenses incurred by Kuehne+Nagel SIA.

The cancellation fee shall not be applied if the cancellation order reaches the freight forwarder fulfilling Kuehne+Nagel SIA order 3 days before the scheduled Cut Off date.

In the case of a shorter notice period Kuehne+Nagel SIA has the right to request a cancellation fee of up to 50% of the transportation price in case of LCL cargo and up to USD 125 per unit/ container.

Any transit time shown in the quotation is estimated only and non-binding; it is derived from historical shipment data based on, inter alia, the respective trade lane and/or product parameter chosen and covering a standard course of transportation. The real transit time can differ. No additional time period is factored in, e.g. for extraordinary events or due to circumstances beyond Kuehne+Nagel SIA control. This includes, without limitation, waiting times for customs inspections, or any other act or omission by authorities

As of July 1st, 2016, the enforcement of the Safety of Life at Sea Convention (SOLAS) requirements regarding the verification of the gross mass of packed containers is applicable. A packed container is not allowed to be loaded on board vessels to which the SOLAS Convention applies unless the Verified Gross Mass (VGM) of the container has been provided before loading on the vessel.

Cargo must properly blocked and braced and the weight evenly distributed throughout the container. Any fines or expenses incurred due to the fact that the cargo was not stowed correctly will be for the account of the cargo including penalties for exceeding axle weights.
Loading, lashing, securing, blocking and bracing of cargo is for shipper’s account.

Its merchants duty and responsibility to check and ensure that the cargo shipped  in the container from the origin, is permitted to be imported at destination, as per the local legislation in force at country/port of destination.

Kuehne+Nagel SIA  has no liability or responsibility whatsoever for thermal loss or damage to the goods by reason of natural variations in atmospheric temperatures during the winter period, and / or caused by inadequate packing of the Goods for carriage in dry-van containers, and / or inherent vice of the Goods, in such temperatures.

All cargo is subject to carrier approval.

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 the event of late payment the Customer undertakes to pay 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. (That would be contrary to the law).

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 info.riga(at)kuehne-nagel.com

If the goods have been damaged or partly lost 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 info.riga(at)kuehne-nagel.com

Kuehne+Nagel SIA liability for damaged or lost goods is limited in accordance with national and international legislation and amounts to a maximum of 2 SDR per kilo of the gross weight. If reimbursement for the damaged goods is provided, the right of ownership is transferred to Kuehne+Nagel SIA.

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.