Sec. 601 para 1 of the Commercial Code No. 513/1991 Coll. of Laws, as
amended, defines the Contract of Forwarding as follows:
"Under the Contract of Forwarding the Freight
Forwarder undertakes towards the Client to arrange in his own name and on
Client´s account the transport of a thing from a certain place to another one
and the Client undertakes to pay a remuneration to the Freight Forwarder."
Sec. 601 to 609 and sec. 261 para 3 and sec. 399 of the Commercial Code
contain further provisions relating to the Contract of Forwarding.
The Company CZECH INTERNATIONAL, a.s. with
registered office: U Pošty 2/375, CZ-735 64 Havířov, Suchá, Czech Republic,
ID-No.: 26870142, VAT-ID-No.: CZ26870142, registered in the Commercial Register
with Regional Court in Ostrava, section B, file No. 2944 being a Freight
Forwarder has issued, in accordance with sec. 273 para 1 of the Commercial
Code, the
General Conditions of Forwarding:
1. THE
OBLIGATIONS OF A FREIGHT FORWARDER
1.1. The
Freight Forwarder shall be obliged to execute his activity with a professional
care and to see to a qualitative, economical and careful satisfaction of
Client´s interests. In the scope of these activities the Freight Forwarder:
a) shall
properly care for goods entrusted to him by the Client and for the goods
obtained for the Client,
b) shall
deposit for the Client´s needs for an adequate or agreed period documents
obtained in the course of performing the Contract of Forwarding,
c) shall
draw the Client´s attention to any apparent incorrectness of his instructions;
in case the Client insists on his instructions, the Freight Forwarder shall not
be liable. The Freight Forwarder, is further entitled to ask for a completion
of Client´s orders if insufficient instructions have been given by the Client,
d) in
case of threatening imminent danger due to delay he shall provide the transport
in manner complying to the utmost with the Client´s interests known to the
Freight Forwarder,
e) shall
provide for the insurance of the consignment if agreed with the Client,
f) The
Freight Forwarder is not entitled to consider a mere price indication for the
goods as an order to arrange the insurance. Should the insurance be agreed, the
Freight Forwarder arranges insurance in compliance with the insurance conditions
customary at the place of fulfilment. If the insured event occurs, the Freight
Forwarder shall fulfil his obligations by assigning his claims against the
insurer to the Client upon his request. This does not affect the Freight
Forwarder's decision concerning his own liability insurance,
g) shall
inform the Client of any imminent damage threatening the consignment or already
arisen thereon, as soon as the Freight Forwarder has learned thereof, such
advise shall be given without any unnecessary delay.
1.2. In
the course of fulfilment of his engagement the Freight Forwarder is bound to
provide, with a professional care, for the mode and conditions of transport
that suit best to the Client´s interests as they follow from the contract and
his instructions or are otherwise known to the Freight Forwarder.
1.3. The
Freight Forwarder shall be liable for a damage on the consignment taken over
which has arisen in the course of providing for the transport unless he could
prevent it either by exercising a professional care or its extent could be
minimized.
1.4. If
a danger of delay arises he shall proceed in the interest of the protection of
the consignment even without Client´s instruction in order to protect as much
as possible the interests of the Client in accordance with the up-to date
information known to the Freight Forwarder.
1.5. He
shall ascertain the weight of goods only when agreed with the Client. In case
of doubts the certificate issued by the Freight Forwarder is valid as far as
the indication of kind, contents, price, weight and (if need be) packing is
concerned. The Freight Forwarder is obliged to advise without delay the Client
of any new facts.
1.6. He
shall examine the authorization of the person representing Client who proves
such authorization.
1.7. Unless
anything else has been agreed in writing he shall study and look for a more
suitable procedure in transportation of goods within the scope of the
commercial custom.
1.8. He
shall follow strictly the Client´s instruction relating to the customs clearance. In case it cannot
be performed in accordance with the Client´s instructions, it is necessary to
inform the Client thereof immediately.
In such a case the Freight Forwarder is not responsible for the delay.
1.9. The
Freight Forwarder is not, however, obliged to examine or complete the
indications furnished by the Client unless it is a custom of the trade.
2. THE FREIGHT FORWARDER SHALL BE ENTITLED
2.1. to
ask for the order for providing transport (forwarding order) to be given in
writing unless the contract has a written form,
2.2. to
sell in a suitable way the consignment for the Client´s account if a
substantial and immediate damage threatens to the consignment and there is no
time for asking Client´s instructions or if the Client is
in delay with passing such instructions and he himself does not take the
necessary measures,
2.3. to
demand from the Client an adequate advance payment covering the expenses
connected with the fulfilment of the contract, namely before he has begun to
fulfil it,
2.4. to
ask from the Client the agreed remuneration or if this has not been agreed,
then a remuneration is to be paid according to the Freight Forwarder's tariff.
In addition thereto the Freight Forwarder has the right to be reimbursed by the
Client for the necessary and useful expenses expended for the purpose of
fulfilment of the contract of forwarding,
2.5. to
ask from the Client the payment of a remuneration after he has concluded a
contract with a carrier and handed over the forwarded goods to him,
2.6. to
apply, upon request of the preceding forwarders, all their appropriate rights,
in particular the lien on the goods in order to enable him to satisfy their
claims unless the agreed remuneration includes all necessary and reasonable
expenses,
2.7. to
apply the statutory lien on the consignment as security for all his claims
arisen from the forwarding relations, as long as the consignment is in the
custody of someone, who holds it on the Freight Forwarder's behalf or as long
as the Freight Forwarder has the documents entitling him to dispose of the
consignment,
2.8. to
consider the instruction relating to the goods for binding upon himself until
it has been withdrawn by the Client. The order for putting the goods at the
disposal of a third person may not be withdrawn after the Freight Forwarder has
received the instruction of the third person,
2.9. to
act according to his own discretion, by observing the Client´s interests, in
particular as to the choice of the means and route of transportation, in case
he has not received a sufficient or feasible instruction,
2.10. if not contradictory to the contract
or not prohibited by the Client prior to the commencement of the performance of
the transport at the latest, the Freight Forwarder himself may effect the
transport which he has to arrange,
2.11. if
the Freight Forwarder makes use of a further Freight Forwarder (an intermediate
forwarder) for arranging the transportation, he shall be liable as if he had
provided for the transport himself,
2.12. to
organize the transport including the choice of the mode of transport unless
otherwise agreed.
3.
THE CLIENT SHALL BE OBLIGED
3.1. to
place to the Freight Forwarder in writing an order providing for the
transportation (Forwarding order), in case the contract is not in a written
form,
3.2. in
case of an imminent and substantial danger threatening to the consignment, upon
invitation of the Freight Forwarder, to transmit to him further instructions
immediately, otherwise the Freight Forwarder has the right to sell the
consignment in compliance with the point 2.2.,
3.3. to
pay to the Freight Forwarder the agreed remuneration, after the latter has
concluded a contract with a carrier, or if appropriate, to grant him an
adequate advance-payment,
3.4. to
remit to the Freight Forwarder the agreed remuneration, or if this has not been
agreed, to pay the remuneration according to the Freight Forwarder's tariff,
3.5. to
withdraw always the order if such order providing for the transportation has
not been accepted without undue delay (unless otherwise agreed between the
Freight Forwarder and Client) ,
3.6. to
put at the Freight Forwarder´s disponal the correct particulars regarding the
contents and nature of the consignment as well as other facts required for concluding
a contract of carriage, such as e.g. weight, kind, number of pieces, dimensions
and weight of individual pieces, marks and numbers, kind of packing and
information whether the goods are dangerous in the sense of the Convention ADR,
RID etc. The relevant consequences of incorrect and incomplete particulars are
for Client´s account,
3.7. to
call in-time the Freight Forwarder´s attention, in a customary way, to the
obligations under public law or customs law connected with the transportation
of goods unless these obligations are known to the Freight Forwarder. The
Client is responsible to the Freight Forwarder for all consequences of such
failure,
3.8. to
grant to the Freight Forwarder in case of cancelling the order to provide for
the transportation the agreed remuneration after deducting the expanses saved.
If the Client proves that he has cancelled the order owing to justified reasons
for which the Freight Forwarder is responsible, the Freight Forwarder has the
right to claim the compensation of his expenses only,
3.9. to
grant to the Freight Forwarder, besides the agreed remuneration, a compensation
for necessary and reasonable expenditures as well as a compensation for the
expended costs which the Freight Forwarder has reasonably expended when fulfilling
his engagement,
3.10. to pay to the Freight Forwarder a
compensation for expenses and an adequate remuneration for the return transport
of goods, in the same amount as for the transport to the consignee if the
consignee refuses to take over the delivered consignment. It is also necessary
to pay a remuneration to the Freight Forwarder in such a case if the order for
a collect delivery or other mode of reimbursement has been additionally
withdrawn or the amount has not been paid,
3.11. to pay to the Freight Forwarder the
outstanding amounts for freight, customs charges, duties and other charges
settled by the Freight Forwarder, in particular if being authorized to dispose,
or as a possessor, of another´s goods unless the Freight Forwarder is responsible
for them.
4.
GENERAL PROVISIONS
4.1. Place of fulfilment
The place of fulfilment for all participants is the
place of the Freight Forwarder´s place of business to which the order has been
addressed or instructions transmitted.
4.2. Time bar
The claims arisen due to a damage on the transported
goods .and due to a delayed delivery of goods shall be time-barred against the
Freight Forwarder after 1 year elapses.
The term of time bar as regards rights arisen from an
entire destruction or loss of the consignment shall commence as from the day on
which the consignment should have been delivered to the consignee, as regards
other rights it shall commence from the day of the delivery of the consignment.
The time bar of 4 years is valid for a damage caused
intenionally. The claims against a carrier shall be time-barred according to
the provisions valid for the contract of forwarding or the contract of
carriage.
4.3. Terms of fulfilment for a contract of
forwarding
Except for a special agreement in writing concluded
before the transportation has started, the Freight Forwarder is not responsible
for time limits of loading and discharging and for a particular turn in which
the goods are despatched by the same mode of transport. The marking such as "exhibition
goods" does not qualify for a priority expedition unless such priority
expedition has been explicitly ordered.
4.4. Responsibility according to the contract of
carriage
The Freight Forwarder shall not be responsible for the
carrier and he raises the claims, if any, in his own name and for the Clinet´s
account. When such claims against the carrier are being raised the Client shall
be obliged to co-operate, in particular in order to provide documents relating
to the consignment, its value, etc. as a basis for raising claims against the
carrier.
4.5. Restraints
Such an obstacle shall be considered as a circumstance
excluding the responsibility which occurred regardless of the will of the
liable party and which prevents it from the fulfilment of the obligation if it
cannot be reasonably presumed that the liable party would prevented or overcome
such an obstacle or its effects, and further that this party would have
anticipated such an obstacle at the time when the obligation has arisen. In
such cases, the Freight Forwarder shall be entitled but not obliged to withdraw
from the contract even if the order has been partly performed. However, the
Freight Forwarder's obligation to care about the Client´s interests shall
continue. But, in such cases, the Client has the same right if it is not
justified to ask him to persist in the contract.
If the Freight Forwarder or the Client withdraws from
the contract according to the indicated provisions, the Freight Forwarder shall
be entitled to get a compensation for the expenses expended and to receive an
adequate remuneration.
The Freight Forwarder shall be obliged to check up and
to advise the Client whether there are some legal or official obstacles for the
transportation (e.g. import or export - restrictions), in case they are known
to him.
4.6. Warehousing
If the Freight Forwarder performs the warehousing of
goods in the scope of his activities, such activity shall be governed by the
terms and conditions of a contract of warehousing.
4.7. Lien and retention
The Freight Forwarder has a statutory lien on the
consignment as a security for his claims against the Client as long as the
consignment is in the Freight forwarder's custody, or, in the custody of
someone holding it on the Freight Forwarder's behalf; or as long as the Freight
Forwarder has in his possession the documents entitling him to dispose of the
consignment.
4.8. Interest on overdue payments
The delay in payment occurs 15 days after the delivery
of the Freight Forwarder's invoices without the necessity of a dunning letter,
or after expiring of the maturity period agreed upon in the contract of
forwarding or the forwarding order.
In case of delay in payment the Freight Forwarder
shall be entitled to charge the agreed interest rate of 0,05 %
from the owing sum
for each day when in delay up to the payment in full.
4.9. The form of orders to the Freight Forwarder
An order to the Freight Forwarder is being given in
writing and it is necessary to confirm it in writing or by electronical form.
4.10.
Effectiveness and validity of the General Conditions of Forwarding
The General Conditions of Forwarding enter into force
and are effective as from 1. 12. 2007.
They form an integral part of a Contract of Forwarding
concluded between the Client and Freight Forwarder or of a Forwarding order
which was placed to the Freight Forwarder by the Client, unless otherwise
agreed upon in writing between the Client and the Freight Forwarder.
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