1) SCOPE:
1.1. These General Conditions (hereinafter, “GC”) will apply to all services contracted with RODAHMAR. (hereinafter “RM”), acting either as a freight forwarder, transport operator, logistics operator, storekeeper, ship’s consignee or customs representative.
By appointing RM as service provider for any provision of Services, the customer accepts the application of these T&Cs to the exclusion of his own T&Cs, if applicable.
In the event of non-acceptance of these T&Cs, the customer must expressly express his partial or total disagreement before the start of the provision of the Services, failing which, these T&Cs will be considered fully valid.
1.2. These T&Cs are available to customers and the general public at any of RM’s offices in Spain or at https://www.rodahmar.com.
2) DEFINITIONS:
The terms used in these T&Cs have the following meanings:
Transport: means the shipment of goods from an origin to a destination by any means of transport, air, sea, land, rail or multimodal.
Logistics services: refers to activities auxiliary and complementary to transport, such as storage, classification, assembly, packaging, value-added services, etc.
Services: means transportation, logistics, ship consignment and any other services provided by RM in the course of its business, including, but not limited to, customs clearance.
Client: designates the party contracting the provision of the Services with RM.
3) GENERAL CLAUSES:
3.1. ITINERARY AND RECEIPT OF GOODS:
In the absence of specific instructions from the Customer, RM may choose the means, routes and modes of providing the Services that it deems most appropriate to perform the Services under the best conditions. If there are instructions, RM will do what is commercially reasonable to comply with them, with Customer responding to any issues that may arise in connection with the instructions given by it.
If during the preparation of a transport, the recipient does not take charge of all or part of the goods, these will be deposited at the expense and risk of the corresponding person, subject to the provisions of the Law or, where applicable , in the trade of the uses noted on the place of delivery. The Customer shall be liable for damages caused to RM in this regard, RM being exonerated from all liability and having the right to reimburse itself for all costs occasioned by this reason, including cases where the goods should have been unloaded, destroyed, neutralized or rendered harmless, depending on the circumstances.
3.2. DATA RELATING TO THE PURPOSE OF PROVIDING THE SERVICES:
The Customer guarantees to RM the accuracy of the declaration of the goods covered by the Service with regard to their content, characteristics, description, brands, numbers, quantity, weight and volume. The Customer will be responsible for all damages, expenses and material or personal damages caused to RM or to third parties due to the inaccuracy of said data, including possible administrative sanctions.
The Customer indemnifies RM against any loss, damage or expense, resulting from defects, errors or inadequacies in the declaration of the weight or volume of the goods, the contents, the description, the marks, the numbers or the quantity. The Customer also guarantees the accuracy of the verified gross weight certification for the purposes of the SOLAS Convention (Convention for the Safety of Life at Sea). In the event that RM does not have the information sufficiently in advance and within the terms and legal deadlines determined in said agreement, RM will not be responsible for the possible refusal of shipment or for the damages, expenses, losses or delays that due to such reason might be caused.
Likewise, the Customer shall guarantee RM against any damage or claim arising from the very nature of the goods that are the subject of the supply, including for any manufacturing defects or infringements of intellectual or industrial property in the broad sense.
3.3. PACKING, LOADING, STOWAGE AND STOWAGE:
The Customer shall be responsible for all damages, expenses and material or personal damages caused to RM as a result of the inadequate or defective packaging of the goods subject to the provision of the Services.
3.4. DESIGNATION OF THIRD PARTIES:
Where Customer requires RM to work directly with third parties, including but not limited to its suppliers or customers, these T&Cs shall apply in their entirety to such dealings. In any case, the Customer is responsible vis-à-vis RM for the acts of the parties with whom it asks RM to work in the context of the provision of the Services.
4) DANGEROUS GOODS:
4.1. The handling of dangerous goods or goods subject to any special regulations will be subject to compliance with the regulations in force in the matter. The Customer will be solely responsible for compliance with current legislation regarding packaging, documentation, marks, consignment notes or any other requirements necessary for the handling of said merchandise, exonerating RM from any liability arising from its non-compliance. and bearing all costs, including cases where the goods had to be destroyed, neutralized or rendered harmless.
4.2. Orders for dangerous goods must be pre-notified by the Customer at least 24 hours before the deadlines required for conventional goods.
5) INSURANCE:
5.1. The Client may ask RM to take out insurance on behalf of the Client to cover the risks associated with the Services contracted. The confirmation of the subscription of the insurance must be made in writing and before the start of the provision of the Services.
5.2. The subscription of the insurance will entail the obligation to pay the corresponding premium, an essential condition for the recovery of any compensation that may correspond due to the insurance.
5.3. The insurance conditions will be those provided for in the insurance policy, the certificate of which will be delivered to the Customer by RM once issued.
5.4. The purchase of this insurance is independent of any responsibility of RM and does not determine the condition of this.
6) CONTROL OF INTERNATIONAL TRADE:
6.1. El Cliente, así como cualquier tercero con el que el Cliente requiera que RM trabaje, deberá cumplir con todas las regulaciones aduaneras, relativas al control de exports, sanciones y embargoes, en adelante, “Leyes de Control de Comercio”, que sean aplicables a toilet.
6.2. The Customer agrees to provide RM, sufficiently in advance, with all information and documentation necessary to comply with trade control laws, including, among others, the origin of the product, the customs value, the correct and complete product description, tariff classification, export control number, export licenses and any information relating to any sanctions or restrictions applicable to the Services.
6.3. Under no circumstances will RM be responsible for verifying the accuracy and validity of the information and documentation provided by the Customer, RM’s responsibility being limited to verifying the completion of the documentation provided by the Customer, but not its content. or its accuracy. Statements made by RM referring to, among other things, the tariff classification of goods, taxes, export controls and embargoes are considered non-binding. The use of this information will always be at the Customer’s own risk, RM being exonerated from all liability.
6.4. Customer shall hold RM harmless from any loss, damage or expense, direct or indirect, including any administrative penalties, resulting from failure to comply with Trade Control Laws or documentation or information relating to Trade Control Laws. Trade Control which may turn out to be in error or incomplete. Any of these hypotheses will grant RM the right to abstain from commencing or completing the provision of the Services without any liability to the Customer arising therefrom.
7) RESPONSIBILITY:
7.1. RM shall not be responsible for the absence or deficiency of packaging, natural waste, inherent defects in the goods, strikes, lockouts or other labor disputes, acts of God, force majeure or any other cause that RM could not have avoided or whose consequences could not have prevented by using due diligence.
7.2. Unless expressly accepted, RM will not be responsible for the execution of the instructions given after the start of the provision of the Services, as well as for any eventuality derived from said subsequent instructions.
7.3. Where transport is by two or more different means of transport, RM’s liability shall apply to the regulations of each phase or mode of transport. When it is not possible to determine the phase of the journey in which the damage occurred, RM’s liability will be decided in accordance with the provisions of Law 15/2009, of November 11, of the land transport contract for goods .
7.4. RM shall in no event be liable for loss of profits, consequential damages, operating losses, indirect, exemplary or punitive damages to property and, in particular, there shall be no liability of RM for interruption of production, activity or of sale resulting from delays, losses, or damage to the goods.
7.5. RM’s liability in the event of loss or damage to the goods will be subject to the limitations established by the regulations in force at the time of the provision of the Services:
In land transport in Spain, the limitation provided for in Law 15/2009, of November 11, of the land transport contract for goods will be applied, equivalent to one third of the public indicator of multiple-effect income / day for each kilogram of the weight gross of lost or damaged goods.
In international land transport, the limitation provided for by the Convention of 19 May 1956 relating to the contract for the international carriage of goods by road (“CMR Convention”), equivalent to 8.33 Special Drawing Rights per kilogram of weight, will be applied gross of lost or damaged merchandise.
In domestic and international maritime transport, the limitation provided for in the Brussels Convention of 1924, for the unification of certain rules concerning the bill of lading (“Hague-Visby Rules”), will be applied, whichever is greater. Fees per package or unit of goods or 2 special drawing rights per kilogram of gross weight of lost or damaged goods.
In air transport, the limitation provided for by the Agreement of 28 May 1999 for the unification of certain rules for international air transport (“Montreal Convention”), equivalent to 19 Special Drawing Rights per kilogram of gross weight of goods lost or damaged.
In the case of logistics services, the limitation provided for in Law 16/1987, of July 30, on the regulation of land transport of 4.5 euros per kilogram of gross weight of lost or damaged goods will be applied.
7.6. If, as a result of the performance of a Carriage, RM was liable for damage resulting from the delay in the delivery of the goods, its liability shall be limited to an amount not exceeding the price of the freight or the freight or the amount that it can establish, the regulations applicable in the matter.
7.7. RM’s liability for any expense, damage or loss other than those mentioned in the preceding paragraphs, i.e. other than damage or loss of the goods, delay in delivery of the goods, loss of profit, consequential damages , etc., under no circumstances will it exceed 10,000 euros per incident.
7.8. RM’s accrued liability will not exceed the liability limit for total loss of goods.
7.9. In the case of the Ship Consignment Service, the provisions of Title V, Chapter II of Law 14/2014, of July 24, on Maritime Navigation will be followed.
7.10. These limitations will apply to all claims made against RM, whether the claim is based on contractual or non-contractual liability.
8) PRICE OF CONTRACTED SERVICES:
8.1. The Services are understood as subscribed in accordance with the rates in force at the time of subscription and within the limits provided therein.
The agreed rates will be based on normal and unchanged conditions which may be revised when there are objective causes which represent a reasonable variation in circumstances or in the market.
In the absence of fees, the procurement will be executed at the usual prices or at the market corresponding to the place where it is executed. Additional costs that arise as a result of events or circumstances after the date of the contract, will be paid by the Customer, provided that they are duly justified and that they are not due to fault or negligence. from RM.
8.2. In accordance with the provisions of the legislation in force on the subject, RM has a right of pledge or retention on the goods for all the sums which are due to it under the Services entrusted to it.
In the event of loss or destruction of the goods, RM has the same rights mentioned above with regard to compensation paid by insurance companies, transport companies or others.
8.3. Payment for the Services provided by RM will be made in cash, unless specific conditions have been agreed. In the event of special conditions agreed, payment will be made within the agreed period.
In the event of breach of the payment obligation by the Customer, RM reserves the right to suspend the agreed conditions, respecting in any case the payment deadline for the Services accepted before the suspension, and may also suspend the supply of the Customer services resulting therefrom or any other contract.
8.4. The Customer may not offset or refuse to pay for the Services provided when the invoices are due without the prior agreement of RM. Under no circumstances may the Client withhold or indemnify payments for any complaints that he may address to RM.
8.5. The Customer is obliged to pay not only for the Services contracted with RM, but also for all duly substantiated additional expenses incurred during the provision of the Services. In particular, expenses caused by the delay in receipt or collection of the goods at destination.
8.6. In case of delay in the payment of any service provided by RM, the customer will be obliged to pay the default interest established by Law 3/2004, of December 29, on measures against late payment in commercial operations, without either notice or grace period is required.
- NOTIFICATION AND PRESCRIPTION:
9.1. Actions for losses, breakdowns or delays cannot be exercised if, beforehand, the corresponding reservations have not been formalized in the terms and conditions indicated in the regulations in force at the time of the provision of the Services.
9.2. All actions related to the Services provided by RM prescribe or expire within the period indicated by the regulations in force at the time of the provision of the services, beginning to run the limitation period depending on what is established in each regulation.
9.3. In the event that a legal, administrative or judicial provision requires modification of the content of these T&Cs, the parties agree that they will be considered sufficiently informed of the changes introduced, when the new content of the document is published on the website of the company https: //www.zimar-shipping.com.
- JURISDICTION:
10.1. RM clearly and categorically expresses its desire not to submit any dispute to the Transport Arbitration Commissions.
10.2. The Customer expressly submits to Spanish Jurisdiction and within it to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction, if any.
10.3. If some of the clauses or part of them are invalid or ineffective, the rest of the GC will not be affected by the invalidity or ineffectiveness.
- DATA PROTECTION:
11.1. In accordance with the provisions of the data protection regulations, we inform you that the personal data of the participants will be processed by RM for the administrative, accounting and tax management of the contractual relationship (including the formalization of the contractualization, the management of payments and performance of contractual obligations). The processing carried out is necessary for the execution of the provision of the Services, and consent is not required. Likewise, the data provided may be communicated, for strict compliance with legal obligations, to Public Administrations, Courts and Tribunals; to financial entities, for the execution of the contractual relationship; and to third party companies that are part of the RM group for the proper administrative management of procurement.
11.2. In the same way, the data of the recipient of the service will be processed by RM and by the companies to which RM could subcontract all or part of the services, exclusively, for the execution of the same, without it being understood in any cases who are responsible for this data.
The data will be processed during the contractual relationship and, after it, until the limitation of the legal actions arising therefrom (which will amount to five years from the end of the contract, unless the regulations establish longer duration).
11.3. The interested party can exercise the rights recognized by the applicable regulations (access, rectification, opposition, deletion, portability of data and limitation of treatment), by justifying their identity, by writing to the contact address indicated in the head or by sending an email to @zimar-shipping.com In any case, RM guarantees the management of your request, which will be treated in the terms established by the data protection legislation in force at the time of your request. The interested party may contact the Spanish Data Protection Agency at any time.
- CONFIDENTIALITY:
12.1 The Client and RM assume a duty of confidentiality with respect to any confidential information relating to the Services and regardless of the means by which it was provided, including verbally, and they undertake not to disclose it, in in whole or in part, to third parties without the prior written permission of the other party, excluding information in the public domain. The Client and RM may, if necessary, disclose this information to any company in the same group of companies, or to any appointed independent consultant or auditor, providing the information with the same degree of confidentiality; They may also reveal the information at the request of any Authority. This clause will remain in force after the end of the provision of the Services.
12.2 Notwithstanding the foregoing, Customer agrees that RM may use information relating to the Services for purposes other than providing the Services. Such disclosure will be purely anonymous and non-identifiable, where applicable, as aggregated data and will be identified as “RM Data”.
