CANLOGISTIC GENERAL TERMS AND CONDUTIONS
- General Provisions
The Terms and Condutions shall apply to all offers made and agreements
concluded by Can Global Proje Kargo Lojistik Hizmetleri Limited Şirketi.
(hereafter called Canlogistic).
- Definitions
Canlogistic means who organizes the transport of goods on its capacity
as forwarding agent.
Customer means the person/party who concludes the transport contract
with the Canlogistic.
Parties Canlogistic and customer jointly.
Merchant means and includes the Shipper, the Consignor, the Consignee,
the Receiver and the Owner of the Goods and transport contract parties.
Goods the cargo to which any business under these conditions relates,
SDR are Special Drawing Rights as defined by the International Monetary
Fund
Transport Unit packing case, pallets, container, trailer, tanker, or
any other device used whatsoever for and in connection with the carriage
of Goods by land, sea or air.
Taken in charge means that the goods have been handed over to and accepted
for carriage by Canlogistic at the place of receipt evidenced in way
bill signed by Canlogistic.
- Applicability
These general condutions apply to each and every transport contract
between Canlogistic and customer and to all further contracts, resulting
therefrom or connected therewith and all to quotations, offers, letters
of intent, orders, confirmations and other documents and acts made and/or
done in preparation of/and/or prior to and/or in connection with transport
contracts . Canlogistic may at any time declare applicable provisions
from the conditions stipulated by third parties with whom he has made
transport contracts for the purpose of carrying out the orders given
to him. These general condutions an integral part of each transport
contract. In case of conflict between General Condutions and the contents
of the transport contract, then the terms and condutions of the transport
contract will prevail.
- Transport Contract and Contract Price
a. The contrac price is based upon performance under normal circumtances
and under normal working condutions. Expenses of an exceptional nature
and higher wages arising whenever Canlogistic by virtue of any provision
in the shipping documents load or unload goods in the evening, at night,
on Saturdays or on Sundays or public holidays, shall not be included
in the agreed prices, unless specifically stipulated. Any such costs
shall therefore be refunded to customer by Canlogistic. The price is
exclusive of value added tax, insurance premiums and does not include
any and all taxes, charges, fines and/or penalites levied by goverment
and or other authorities in respect of /and or in connection with the
transport. Any and all taxes, charges, fines and/or penalties will be
on the account of customer.
b. All prices quoted and agreed shall be based on the rates, wages,
costs incidental to social security and/or other provisions of law,
freight and exchange rates applying at the time of quotation or contract.
Upon any change in any or more of these factors the quoted or agreed
prices shall likewise be altered in accordance therewith and retroactively
to the time such change occurred.
c. Failing an transport contract in writing between parties on the price
for amendments, additions and or extensions, Canlogistic will be entitled
to charge additionally according to its own calculations.
d. For work of a special nature, unusual job or work requiring a special
amount of time or effort, an additional reasonable amount may at all
times be charged to customer.
e. In the event of loading and/or unloading time being inadequate -
regardless of the cause thereof - all costs resulting therefrom, such
as demurrage, etc., shall be account of customer , even when Canlogistic
has accepted the bill of lading and/or charter party from which the
additional costs arise without protestation.
- Method and Route of Transportation
if the customer has not given any specific instructions with his transport
order, the mode and transport route shall be at Canlogistic's option.
Under this circumtances Canlogistic has the liberty to carry the goods
on or under deck and to choose or substitute the means, route and procedure
to be followed in the handling, stowage, storage and transportation
of the goods.
- Liability
a. The responsibility of Canlogistic for the goods under these conditions
covers the period from the time has taken the goods in his charge to
the time of their delivery. Canlogistic shall not be liable for any
damage and delay whatsoever, unless the customer shall prove that the
damage has been caused by fault or negligence on the part of Canlogistic
or his servants.
b. Canlogistc shall only be liable for loss following from delay in
delivery if the customer has made a declaration of interest in timely
delivery which has been accepted by Canlogistic and stated in transport
contract and or order.
c. Arrival times are not guaranteed by Canlogistic. However, delay in
delivery occurs when the goods have not been delivered within the time
expressly agreed upon or, in the absence of such transport contract,
within the time which would be reasonable to require of a diligent freight
forwarder, having regard to the circumtances of the case. If the goods
have not been delivered within ninety consecutive days following such
date of delivery as determinated date, the claimant may, in the absence
of evidence to the contrary, treat the goods as lost.
d. Canlogistic shall not be liable for loss, damage or delay in delivery
with respect to goods carried by sea or inland waterways when such loss,
damage or delay during such carriage has been caused by:
- act, neglect or default of the master, mariner, pilot or the servants
of the carrier in the navigation or in the management of the ship,
- fire, unless caused by the actual fault or privity of the carrier.
e. Canlogistic shall not be liable for any loss, damage or expense caused
by defective or insufficient packing of goods or by inadequate loading
or packing within containers or other transport units when such loading
or packing has been performed by customer or on his behalf by a person
other than Canlogistic, or by the defect or unsuitability of the containers
or other transport units supplied by the Merchant, or if supplied by
Canlogistic if a defect or unsuitability of the container or other transport
unit would have been apparent upon reasonable inspection by the Merchant.
The Merchant shall indemnifyCanlogistic against all loss,damage, liability
and expense so caused.
- Title to the Goods .
The information in the transport contract or order and or on the waybill
of Canlogistic shall be prima facie evidence of taking in charge by
Canlogistic of the goods as described by such information unless a contrary
indication, such as "shipper's weight, load and count", "shipper-packed
container" or similar expressions, has been made in the printed
text or superimposed . However, proof to the contrary shall not be admissible
when the waybill has been transferred to the consignee for valuable
consideration who in good faith has relied and acted thereon.
- Dangerous Good and Indemnity
a. The customer shall comply with rules which are mandatory according
to the national law or by reason of International Convention, relating
to the carriage of goods of a dangerous nature, and shall in any case
inform to Canlogistic in writing of the exact nature of the danger,
before goods of a dangerous nature are taken in charge by Canlogistic
and indicate to him, if need be, the precautions to be taken.
b. If the customer fails to provide such information and Canlogistic
is unaware of the dangerous nature of the goods and the necessary precautions
to be taken and if, at any time, they are deemed to be a hazard to life
or property, they may at any place be unloaded, destroyed or rendered
harmless, as circumstances may require, without compensation. The customer
shall indemnify Canlogistic against all loss, damage, liability, or
expense arising out of their being taken in charge, or their carriage,
or of any service incidental thereto.
c. if any goods shall become a danger to life or property, they may
in like manner be unloaded or landed at any place or destroyed or rendered
harmless. If such danger was not caused by the fault and neglect of
Canlogistic, he shall have no liability and the customer shall indemnify
him against all loss, damage, liability and expense arising therefrom.
- Description of Goods and Merchant's Packing and Inspection
The Customer shall be deemed to have guaranteed to Canlogistic the accuracy,
at the time the goods were taken in charge by Canlogistic, of all particulars
relating to the general nature of the goods, their marks, number, weight,volume
and quantity and, if applicable, to the dangerous character of the goods,
as furnished by him or on his behalf for insertion on the transport
contract and or bill of lading or transport order.The customer shall
indemnify Canlogistic against all loss, damage and expense resulting
from any inaccuracy or inadequacy of such particulars. The customer
shall remain liable even transport documents and or bill of lading has
transfered him. The right of Canlogistic to such an indemnity shall
in no way limit his liability to any person other than customer.
- Paramount Clauses
a. These conditions shall only take effect to the extent that they are
not contrary to the mandatory provisions of International Conventions
or national law applicable to the transport contract and or evidenced
transport waybill.
b. The Hague Rules contained in the International Convention for the
unification of certain rules dated Brussels 25th August 1924, or in
those countries where there are already in force the Hague-Visby Rules
contained in the Protocol of Brussels, dated 23rd February 1968, as
enacted in the Country of Shipment, shall apply to all carriage of goods
by sea and also to the carriage of goods by inland waterways, and such
provisions shall apply to all goods whether carried on deck or under
deck.
c. The Carriage of Goods by Sea Act of the United States of America
(COGSA) shall apply to the carriage of goods by sea, whether on deck
or under deck, if compulsorily applicable to transport contract and
/ or would be applicable but for the goods being carried on deck in
accordance with a statement .
- Limitation of Canlogistic's Liability
a. Assessment of compensation for loss of or damage to the goods shall
be made by reference to the value of such goods at the place and time
they are delivered to the customer or at the place and time when, in
accordance with transport contract, they should been so delivered.
b. The value of the goods shall be determined according to the current
commodity exchange price or, if there is no such price, according to
the current market price or, if there are no such prices, by reference
to the normal value of goods of the same name and quality.
c. Canlogistic shall in no event be or become liable for any loss of
or damage to the goods in an amount exceeding the equivalent of 666.67
SDR per package or unit or 2 SDR per kilogramme of gross weight of the
goods lost or damaged, whichever is the higher, unless the nature and
value of the goods shall have been declared by customer and accepted
by Canlogistic before the goods have been taken in his charge, or the
ad valorem freight rate paid, and such value is stated in thecontract
or waybill by him, then such declared value shall be the limit.
d. Where a container, pallet or similar article of transport is loaded
with more than one package or unit, the packages or other shipping units
enumerated as packed in such article of transport are deemed packages
or shipping units. Except as aforesaid, such article of transport shall
be considered the package or unit.
e. Notwithstanding the above mentioned provisions, if the transport
does not, according to the contract, include carriage of goods by sea
or by inland waterways, the liability of Canlogistic shall be limited
to an amount not exceeding 8.33 SDR per kilogramme of gross weight of
the goods lost or damaged.
f. When the loss of or damage to the goods occurred during one particular
stage of the transport, in respect of which an applicable international
convention or mandatory national law would have provided another limit
of liability if a separate contract of carriage had been made for that
particular stage of transport, then the limit of the Canlogistic's liability
for such loss or damage shall be determined by reference to the provisions
of such convention or mandatory national law.
g. Unless the nature and value of the goods shall have been declared
by customer and inserted in transport contract, and the ad valorem freight
rate paid, the liability of Canlogistic under COGSA, where applicable,
shall not exceed US$ 500 per package or, in the case of goods not shipped
in packages, per customary freight unit.
h. The aggregate liability of Canlogistic shall not exceed the limits
of liability for total loss of the goods.
- Liability of Servants and other Persons
a. These conditions apply whenever claims relating to the performance
of the contract are made against any servant, agent or other person
(including any independent contractor) whose services have been used
in order to perform the contract, whether such claims are founded in
contract or in tort, and the aggregate liability of Canlogistic and
of such servants, agents or other persons shall not exceed the limits
in clause 11.
b. In entering into transport contract, Canlogistic, to the extent of
these provisions, does not only act on his own behalf, but also as agent
or persons shall to this extent be or be deemed to be parties to this
contract. The aggregate of the amounts recoverable from Canlogistic
and the persons referred to in Clause 11 and shall not exceed the limits
provided for in these conditions.
- Delivery
a. Upon delivery, the consignees shall check the condition of the goods,
the quantity, the number and weight of packages and shall immediately
report any apparent defects and missing items. Should any irregularity
or missing item not be immediately apparent, the consignee shall send
due reservations in writing within 48 hours after delivery. Otherwise,
any claims directed against Canlogistic shall be forfeited.
b. Goods shall be deemed to be delivered when they have been handed
over or placed at the disposal of the customer or his agent in accordance
to contract or when the goods have been handed over to any authority
or other party to whom, pursuant to the law or regulation applicable
at the place of delivery, the goods must be handed over, or such other
place at which Canlogistic is entitled to call upon the Merchant to
take delivery.
c. Canlogistic shall also be entitled to store the goods at the sole
risk of the customer and the cost of such storage shall be paid, upon
demand by customer to Canlogistic.
d. If at any time the carriage under the transport contract and or waybill
is or is likely to be affected by any hindrance or risk of any kind
(including the condition of the goods) not arising from any fault or
neglect of Canlogistic or his persons and which cannot be avoided by
the exercise of reasonable endeavours, Canlogistic may abandon the carriage
of the goods under the transport contract where reasonably possible,
place the goods or any part of them at the customer disposal at any
place which Canlogistic may deem safe and convenient, whereupon delivery
shall be deemed to have been made, and the responsibility of Canlogistic
in respect of such goods shall cease.In any event, Canlogistic shall
be entitled to full freight under the transport contract and the customer
shall pay any additional costs resulting from the above mentioned circumstances.
- Payment and Other charges
a. Freight shall be paid in cash, without any reduction or deferment
on account of any claim, counter claim or set-off, whether prepaid or
payable at destination. Freight shall be considered as earned by Canlogistic
at the moment when the goods have been taken in his charge, and not
to be returned in any event.
b. Freight and all other amounts mentioned in the transport contract
and or order are to be paid in the named currency or Canlogistic's option,
in the currency of the country of dispatch or destination at the highest
rate of exchange for bankers sight bills current for prepaid freight
on the day of dispatch and for freight payable at destination on the
day when the customer is notified on arrival of the goods there or on
the date of withdrawal of the delivery order, whichever rate is the
higher, or at the option of Canlogistic.
c. The customer shall reimburse Canlogistic in proportion to the amount
of freight for any costs for deviation or delay or any other increase
of costs of whatever nature caused by war, warlike operations, epidemics,
strikes, government directions or force majeure.
d. The customer warrants the correctness of the declaration of contents,
insurance, weight, measurements or value of the goods but, Canlogistic
has the liberty to have the contents inspected and the weight, measurements
or value verified. If on such inspection it is found that the declaration
is not correct iit is agreed that the difference between the correct
figure and the freight charged, or to double the correct freight less
the freight charged, whichever sum is the smaller, shall be payable
as liquidated damages to the Canlogistic for his inspection costs and
losses of freight on other goods notwithstanding any other sum having
been stated .
e. Despite the acceptance by Canlogistic of instructions to collect
freight,charges or other expenses from any other person in respect of
the transport , thecustomer shall remain responsible for such monies
on receipt of evidence of demand and the absence of payment for whatever
reason.
- Lien
Canlogistic shall have a lien on the goods and any documents relating
thereto for any amount due at any time from the customer including storage
fees and the cost of recovering same, and may enforce such lien in any
reasonable manner which he may think fit.
- General Average
The customer shall indemnify Canlogistic in respect of any claims of
a General Average nature which may be made on him and shall provide
such security as may be required by third parties in this connection.
- Time bar
The Freight Forwarder shall, unless otherwise expressly agreed, be discharged
of all liability under these conditions unless suit is brought within
9 months after the delivery of the goods, or the date when the goods
should have been delivered.
- Jurisdiction and applicable law
Actions against Canlogisitic may be instituted only in the place where
Canlogisitic has his place of business as stated on the transport contract
or waybill.
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