General terms and conditions

General conditions:

(a) These General Conditions shall apply to the services which, related to the transport of goods, are provided by INTERMODAL FORWARDING S.L., (hereinafter, IF) regardless of the condition in which it acts: freight forwarder, carrier, warehouseman, agent, logistics operator, ship consignee and freight broker. Expressly excluded from the application of these General Conditions are the services provided by IF as a customs agent or to consumers, which shall be governed by the agreement between the parties and the mandatory regulations that may be applicable.

(b) The mere use of the services of IF, implies acceptance by the user of these General Conditions.

(c) The conditions for the provision of the service agreed by the parties in the corresponding offer shall prevail over these General Conditions. In any case, all conditions which differ from these and from those contained in the offers, and which have not been expressly accepted in writing, shall not be binding on IF, even if IF has not expressly objected to them.

(d) Except for mandatory rules that may be applicable (such as, but not limited to, the Hague-Visby Rules, the Warsaw Convention, the Montreal Convention and the CMR) and supplementary to these conditions, both in matters not provided for herein and in case of conflict, the services provided by IF shall be governed by Spanish Law. Prices / Terms of payment and others:

(e) The services provided by IF hereunder shall be invoiced, and the price charged, as agreed by the parties in their corresponding offer. Regardless of what the parties may have agreed in this regard, the term of payment of the price of such services may never exceed the deadlines established by current regulations on measures to combat late payment in commercial transactions.

(f) In the event that the user is in default in the payment of the service, IF. shall be entitled to declare due all payment obligations that the user has contracted with it. Also, the delay in payment of the price of services shall accrue in favor of IF, the legal interest referred to in the current legislation on measures to combat late payment in commercial transactions.

(g) The prices of the aforementioned services shall not include taxes, fees or other charges which, where applicable, may be applicable.

(h) Extra services, such as porters, flatbed trucks, cranes, customs clearance, insurance, special equipment, etc., shall be subject to specific agreements and invoiced separately. Extraordinary actions required by the regulations of the country of destination of the goods, such as fumigation, marking, inspections, shall be at the user’s risk, and IF shall not be liable for any penalties, extra costs, actions and/or damages resulting from non-compliance with such regulations.

(i) Cancellation of a service by the user, without prior agreement, shall entitle IF to demand compensation up to the price of the agreed service, as well as to demand damages caused by such cancellation.
Insurance:

(j) IF shall not insure the goods against damage, breakdown or loss which they may suffer during the transport which it concludes, arranges or performs, which shall always travel at the user’s risk and expense, unless otherwise agreed, in writing, between the parties and/or specified in the relevant quotation. The insurance, if any, shall be contracted based on the value of the goods, which the user shall be obliged to notify to IF. Documentation, Instructions and Deadlines:

(k) For the provision of the service in question, the user shall provide IF with all instructions and documentation necessary for its proper execution. The instructions must be in writing.

(l) The instructions given by the user to IF shall specify the characteristics and description of the goods to which such service refers and, in any case, whether they are dangerous goods, live animals or plants, perishable goods, or goods of special value and/or requiring specific treatment, with express indications on such treatment. The marks, numbers, quantity, weight and volume of such goods shall also be specified. The user shall guarantee the accuracy of such declarations, indemnifying IF against liabilities, expenses and costs arising from their inaccuracy.

(m) Such instructions shall clearly state, if applicable, the name and address of the consignee or receiver of the goods, means of contact and place of delivery.

(n) The packaging of the goods subject of the service to be provided by IF shall be at the risk and expense of the user. Therefore, under no circumstances shall IF be liable for any loss, damage, damage, loss and penalties arising from defective, inadequate or improper packaging.

(o) The documentation to be issued in accreditation of the performance of the service contracted with IF (waybills, bills of lading, receipts, etc.) must comply with the formalities and requirements of the regulations applicable to the activity of the service in question.

(p) Deadlines for the actual performance of the service by IF shall be understood as an estimate, unless expressly agreed otherwise.

(q) Reservations for damages and/or faults, if apparent, must be detailed in the corresponding documentation and notified to IF immediately; reservations of a general nature are not valid. Reservations for damages and/or non-apparent faults must comply with the deadlines and forms of the current regulations. In any case the claim must be properly documented and substantiated. Liability:

(r) IF shall be liable for circumstances attributable to it and in accordance with the applicable legal and regulatory provisions.

(s) In the event of force majeure and other circumstances which prevent IF, through no fault of its own (e.g. war, strikes, lockouts, weather or traffic disruptions, delays in the delivery of goods, or administrative regulations), from providing the service in question on the agreed date or within the agreed period, IF shall be entitled to postpone the performance for a period equal to the duration of the impediment plus an appropriate restart period. IF shall promptly inform the user of the occurrence of such circumstances. If the disruption caused by the aforementioned circumstances is such that the user is entitled to terminate the contract, such termination shall take place, where appropriate, without being able to exempt the user from the right to terminate the contract.

(t) IF’s liability shall in any case comply with the conditions and limits of the regulations applicable to the service in question, unless otherwise expressly agreed in writing.

(u) In no event shall IF be liable for loss of profits or consequential damages. Alteration of the user’s situation:

(v) In the event that the User’s financial situation worsens substantially, dissolves its business or activity and/or applies for or is involved in liquidation or bankruptcy proceedings, IF shall be entitled to declare all payment obligations owed to it by the User to be due, as well as to make the continued provision of the service conditional upon advance payment or the provision of a guarantee.

(w) In such cases, IF may, at its option, demand performance of the rights referred to in the preceding paragraph or terminate the contract in accordance with the applicable legal provisions. Protection of Personal Data:

(x) In compliance with the provisions of the current legislation on Protection of Personal Data, we inform the owner of the data that will be incorporated into a file owned by INTERMODAL FORWARDING S.L. duly registered with the Spanish Agency for Data Protection. These data may be used for the purpose of providing the services that our legal business relationship requires, and will not be disclosed to third parties, except those data related to our company and only for strictly labor, commercial and tax purposes. The user may exercise the rights of access, rectification, cancellation and opposition legally established before IF, by written communication to C. Iparraguirre 59, 3º, 48980 Santurtzi, Bizkaia or in the email info@intermodalforwarding.com.
Jurisdiction:

(y) Any litigation between the parties shall be subject to the jurisdiction and competence of the Courts and Tribunals of the Spanish city of Bilbao.