Terms of sale
1. General Terms and Conditions: although not set out here, the Federcorrieri - Confetra General Terms used by Italian Carriers and Forwarding Agents and filed with the national Chambers of Commerce on 7.01.97 apply.2. Object: pursuant to and through the effects of Legislative Decree 286/2005, by carrier is meant BRT S.p.A. whose registered office is at 7 Piazza Diaz, Milan, and whose operating and administrative office is at 42 via E. Mattei in Bologna, registered on the Register of road hauliers of articles on behalf of third parties and having regular authorization, as specifically specified in art. 20 below. The carrier undertakes to transport goods according to the type and quantity set out in the Transport Documents and in every case in accordance with the instructions in the registration book of the vehicles used for transport.
The places where the goods will be collected from and the destinations to where they will be delivered will be those specified in the Transport Documents as set out in art. 16 below.
3. Terms of Payment and Compensation: shipments are carried in accordance with the Federcorrieri-Confetra General Terms and Conditions that require payment on collection and/or delivery of the goods (or at most within 30 days from invoice), unless different terms are agreed. In all cases, the payment terms also act as the time limit for any disputes concerning the corresponding amount due. Payment of invoices implies acceptance of the applied rates.
Direct remittance: if an invoice is not settled within 10 days of its due date, the issuing of a sight draft with expenses is authorized.
Late payment: interest on late payments will be charged at 7 points above the official discount rate (in force on the date interest is requested), in addition to debt collection charges. Failure to pay a single invoice, or an instalment of it where allowed, shall make the agreed term void, with all the related legal consequences, as well as the application of penal interest at the rate indicated above backdated to the date the invoice was issued without the need to send a default notice.
The parties expressly agree that the carrier has the right to offset debts which the carrier owes the sender, of whatever kind including cash on delivery sums collected on behalf of the sender, credit notes issued by the carrier in favour of the sender and compensation for established damage to transported goods, against sums due to the carrier by the sender for the transport services provided. Thus, the sender authorizes the carrier to operate the said offsetting as of now.
4. Carrier's liability: haulage in Italy is undertaken according to the law, arts 1693, 1694 and 1696 of the Civil Code, as amended by art. 10 of D.LGS (legislative decree) 286/2005, with the consequent provision of a compensation limit, in the event of the loss of, or damage to, the transported goods, equal to 1.00 (one) euro per kilogramme of gross weight of the lost or damaged goods. The said limit, according to the express and agreed will of the parties, will apply not only to situations involving the loss of or damage to the goods, but also in all other cases which directly or indirectly involve the carrier's liability.
Haulage abroad is regulated according to the Geneva Convention C.M.R (Law 1621/60 and amendments), so the compensation limit set in this convention will apply (S.D.R. x 8.33 = compensation per gross kg of lost or damaged goods), for the loss of or damage to goods, as well as the limit established therein in the event of late delivery.
If no order is made for all risks insurance cover, connected or not with the consignor's own insurance, the latter undertakes not to claim compensation from the carrier for amounts exceeding the compensation limit provided by D.Lgs 450/85 and the C.M.R. convention or the Warsaw Convention, according to the applicable law.
In accordance with the requirements of the law and with any insurance order, the carrier is required to take into consideration only the definite reserves set out in the waybill, and is therefore exempt from liability for generic reserves.
5. Insurance of Goods: insurance against all risks is taken out only if an order is made in writing and accepted before the goods are collected. Expenses incurred on the fixed or variable values indicated will be charged. (For carriage forward shipments from abroad, insurance will be taken out only with a special order with a pre-arranged value). If all risks cover is taken out, with a special insurance order or with the value of the goods shown in the T.D, entitled AC-PLUS, in every case the compensation limit will be € 100,000.00 per shipment. Any insurance cover against all risks with the special order entitled AC-BASE will have a maximum compensation limit of € 6.2 per kg.
6. Presumption of Exceptional Circumstances: although the rules concerning carrier's liability set out in item 4) still stand, the parties expressly agree to acknowledge that theft, involving the total or partial removal of the goods, whether it happens while being transported or in the storage stage at the carrier's or third parties' warehouses, shall exempt the carrier from liability. The latter must decide whether it is a case of exceptional circumstances or force majeure.
7. Delivery terms: delivery terms, which must in every case be compatible with compliance with the law in terms of speed and driving and rest periods, are suspended on Saturdays and Sundays, on midweek holidays, during the summer and winter holiday closures set for the category of carrier, on days when traffic is forbidden for reasons of force majeure, and between 6 p.m. and 8 a.m each day. The carrier provides his approximate delivery terms; any specific delivery times must be specified on the sender's T.D. and accepted in writing by the carrier's branch manager. Proof of non-fulfilment of such specifications may give rise to the reimbursement only of the transport costs for the shipment concerned: all direct or indirect damage whatsoever is excluded.
The normal delivery terms cannot be guaranteed for goods which do not fall within the agreed standards concerning weight and/or size.
The delivery terms are understood to refer to the time when the goods are handed over. Goods collection orders received during the morning are usually fulfilled during that day, unless a different agreement is made or in the case of out-of-the way locations. Requests received in the afternoon or concerning out-of-the-way locations will be planned for the next working day.
8. Undelivered Goods: goods are held if there is a problem with delivery because of rejection, an unknown consignee or because the consignee cannot be found; when the goods are returned to the branch an "undelivered goods" process is opened and the sender immediately informed. After the sender has been informed of the undelivered goods, an agreed number of days will pass, and if the sender has not provided precise instructions in writing by then, the goods will be returned to the sender. Expenses related to the undelivered goods process will be charged as agreed.
9. Validity of the Offer - Explicit cancellation clause: the validity of the offer is subject to a copy of the tariff contract being returned bearing the two acceptance signatures; the contract may be cancelled at any time giving 30 days' notice.
Failure to make the agreed number of shipments will lead to the quotation being revised. Failure to pay for the shipments on the agreed due dates will lead to the immediate cancellation of this agreement. This clause should be accepted as an explicit cancellation clause.
The terms concerning the length of validity of the tariffs are given on the first page under "Tariff valid from / to", but the clauses of the contract remain valid if the service is continued beyond the due date, and will lapse only following notice being given as explained above .
10. Dangerous goods: as the carrier does not have official authorisation, or appropriate vehicles available to transport dangerous goods in accordance with ADR provisions and current laws and regulations, goods that may be classed as dangerous in any way will not be accepted.
If the carrier should incur damages and a resulting financial loss of any kind as a result of inaccurate information given and declarations made by the sender concerning the exact nature of the goods according to art. 1683 of the Civil Code, the latter will be required to hold the carrier not liable and to compensate the carrier for the resulting financial damage incurred to the latter.
11. Cash on delivery: a cash on delivery collection order shall be made by the sender exclusively by indicating it on the transport document (T.D.) close to the essential information needed by the carrier for the delivery of the goods (no. of parcels - weight), and marked clearly and visibly with the words Cash on delivery , or C.O.D. for shipments sent abroad, followed by the amount in Euros (or the currency of the destination country if outside the EU), written in figures and letters. It must also be shown by affixing the special "Contrassegno" (Cash on delivery) sticker provided by the carrier or, alternatively, by stamping "contrassegno" using the sender's own stamp, in an unequivocal manner.
If the above formalities are not complied with, the carrier will be exempt from all liability regarding the missing cash on delivery payment. By the express desire of the parties, the carrier will be exempt from all liability for any irregular, falsified or uncovered current account cheques or bank drafts, accepted in accordance with the sender's instructions.
The carrier is exempt from liability in the event of errors and/or omissions concerning cash on delivery on shipments whose data comes from magnetic files supplied by the sender, and will recover costs related to cancelled cash on delivery orders.
12. Goods not accepted by our Company:
A) WEIGHT AND SIZE LIMITS: parcels exceeding 1,000 kg - parcels exceeding 180 cm in height - parcels exceeding 400 cm in length - parcels exceeding 140 cm in length if their weight exceeds 50 kg - parcels whose longest side, added to the circumference or perimeter of the shorter sides, exceeds 700 cm - For foreign countries served by DPD: weight limit per parcel 31.5 kg - length 175 cm - total size 300 cm. Using EuroExpress: pallets with dimensions greater than height 180 cm - length 120 cm - width 120 cm; maximum weight 1,000 kg. Parcels with dimensions greater than: height 120 cm - length 300 cm - width 150 cm - volume 2 cubic metres; maximum weight 50 kg and any goods for which the consignee does not have suitable unloading equipment.
B) Unpacked parcels - sheet metal - demijohns - boats - farm machinery - motor vehicles - goods difficult to stack or handle - crates or machinery which cannot be palletised. For foreign countries served by EuroExpress and DPD: personal effects, goods for private individuals and fairs.
C) Jewels - paintings - antique furniture - household goods - plants and/or live animals - goods to be stored at a controlled temperature or that are easily perishable - securities - stamped paper - cash - lottery tickets or other valuables - non-reproducible items and documents - collections - goods that may not be transported by law (e.g. weapons, drugs, tobacco goods, revenue stamps, etc.) - dangerous goods - medical waste or materials for medical and/or biological research - inflammable or dangerous goods (ADR) - goods subject to UTIF and/or legitimisation notes (mineral oils - sugars weighing over 25 kg). In the event that goods classified as C) are wrongly consigned and accepted, no liability is undertaken and they may not be insured by the carrier's policies.
13. Transport of food products and/or medicines: only imperishable foods and/or medicines properly wrapped and packed according to law are accepted, excluding those that need to be transported and/or stored at a controlled temperature.
14. Charges for exceptional and/or special services: goods collections and deliveries are considered to be made from and to the address of the sender or the consignee or a different place indicated on the transport document (D.T.). For loading and unloading, collections and deliveries carried out in ways which require exceptional and additional services, the sender or the consignee respectively will owe a sum to cover the extra costs incurred (e.g. deliveries to higher or lower floors, or other causes of awkward deliveries, to supermarkets or equivalents, to international carriers or deliveries to be made at times agreed with the sender or consignee, goods to be depalletised, coded goods, goods to be shelved, etc. and any other cases using an excessive amount of working hours such as re-routing for reasons not due to the carrier). Additional specifications may apply to special traffic or operating conditions. Charges will also be applied to collections and/or deliveries in urban areas, historical town centres, pedestrian areas and suburban areas with specific traffic restrictions or difficult road conditions, as well as for recovering the cost of attempted collections which failed for reasons related to the customer.
15. Weighing fee: an agreed fee is charged for finding the real weight using automatic sorting machines.
16. Transport documents. Transport documents must show very clearly all the essential information needed to transport the goods:
- Consignee's address complete with correct post code and initials of the destination province plus the consignee's VAT or tax code for carriage forward shipments.
- Consignee's telephone number.
- Sender's complete address with post code and province.
- Number of parcels and nature of goods.
- Exact volume of goods in cubic metres.
- Gross weight in kg.
If the wrong information is given, shipments will be invoiced on the basis of the correct weight and volume measured on the carrier's sorting machines and using the agreed weight/volume ratio.
17. Lien: in accordance with art. 23 of the Federcorrieri General Terms and Conditions, a lien shall apply to any goods or cash on delivery that is held by the carrier to cover all claims connected to any commissions entrusted, even if already completed, and concerning regular or continuous services provided.
18. Archive searches and documentation: a charge will be made for viewing/sending copies of documents for which there is no prescription.
19. Competent courts: the only competent courts in the event of a dispute (related to transport matters intervening between the parties) are the Courts of Bologna, Milan and Modena, as alternatives for each other, with the express exclusion of those established as an alternative by law.
20. Ministerial Authorization for Goods Transport: registered on the National Road Hauliers Register under no. MI/0884680/C/BO, global authorisation no. GA6N3S/BO000580 of 24/08/1999.
21. General Authorisation of the Ministry of Communications for the transport of packages and parcels: No. AUG/000156/2000.
22. Personal data processing: the sender declares that he has received and read the information issued according to art. 13 of legislative decree 196/2003, enclosed with the tariff contract.
23. Additional conditions: any additional conditions or conditions modifying the above clauses must be written and signed by the manager of the carrier's branch. Otherwise, these conditions will not be considered valid and will not be binding in any way on the carrier.
24. Applicable law: although the C.M.R. provided for in the "Carrier's Liability" article remains applicable, Italian Law is applied to every dispute (related in any way to transport relations between the parties), on the expressly stated will of the parties.
25. Fuel Adjustment - Law 133: the requirement in article 83 bis of law 133/2008 to indicate on the invoice the amount corresponding to the fuel cost is not applicable to this contract as the vehicles in which the transport operations will be carried out cannot be identified and neither can the proportion of these vehicles' load capacity used for the sender's goods.
26. Transport of shipments subject to law 136/2010 – “Traceability of financial transactions": It is hereby specified that, for the special terms and conditions for carrying out the service, the carrier does not accept shipments which fall within the scope of law 136/2010 and its subsequent modifications and additions, unless specifically agreed in advance and in writing by the parties.
If the carrier were to suffer damage, and resulting financial loss, of any kind, due to the sender's failure to comply with this clause of the contract, the latter will indemnify and hold the carrier harmless of any financial loss incurred as a result."
MOD. 017 - SEPTEMBER 2011
