General Conditions

Art. 1 – Application of general provisions governing the execution of mandates for international shipments.

The following general conditions apply to all assignments entrusted to a freight forwarder even if they have not been preceded by an offer from the forwarder, except in case of written contrary provisions by the shipper. An exception is made for assignments entrusted to freight forwarders operating in the Port of Trieste by foreign clients or for shipments destined abroad, to which the different general conditions applied for such cases by the aforementioned freight forwarders apply.

Art. 2 Limits of assignment acceptance.

Assignments are understood to be accepted by the freight forwarder under the conditions, regulations and rules of railways, shipping companies, maritime and air carriers in general, port or storage companies and entities or other enterprises, both Italian and foreign, whose services must be requested by the freight forwarder on behalf of their principal and by virtue of the mandate received. Shipments up to 20 kg are accepted based on the rules and conditions of the Postal Code.

Unless otherwise instructed by the principal, the freight forwarder has the freedom to choose the routes and means to be employed, the modes of transport to be used, the itineraries, the technical devices to be adopted, to ensure the execution of the contract.

The liability of the freight forwarder or freight forwarder-carrier towards the principal cannot furthermore exceed that of their foreign agents or correspondents and this based on the laws, provisions, regulations and customs in force in the country of the aforementioned foreign agents or correspondents.

Art. 3. The execution of the mandate

The freight forwarder is required to execute the mandate entrusted to them with the diligence of a good family father, in the interest of the principal. All expenses arising from the execution of the mandate are in any case borne by the principal

Art. 4. Liability of the freight forwarder

The freight forwarder assumes no liability for the exact interpretation of instructions transmitted verbally or by telephone that have not been confirmed in writing by one of the parties, nor for the observance of provisions or communications given to drivers or other employees of the mandatary or third parties. Shipments of goods having a value exceeding 8.33 special drawing rights (SDR) per gross kg, shipments of money, coins, documents, works of art, jewelry or similar items, are considered accepted by the freight forwarder only if they have given express and prior consent and are in any case covered by insurance with exclusion of the insurer’s right of recourse against the freight forwarder. The delivery of goods and correspondence of any kind executed directly to workers of the freight forwarder occurs at the exclusive risk of the principal, if it has not been previously agreed with the freight forwarder or with one of their authorized employees

Art. 5. Dangerous, harmful or rapidly deteriorating goods.

Unless otherwise agreed in writing in advance, the freight forwarder is not required to take delivery of and ship goods that may cause harm to persons, animals, other goods or property, or that are subject to rapid deterioration or decomposition.

Should such goods be entrusted or addressed to the freight forwarder without the agreement referred to in the previous paragraph, the freight forwarder has the right to reject them, or, should circumstances require it, to sell them or even, in case of imminent danger, to proceed with their destruction and the principal is required to answer for all harmful consequences and expenses that may arise therefrom.

Art. 6 Indications suitable for identifying the objects of transport.

In the assignment given to the freight forwarder, the principal must specify the nature of the goods, the number, quantity, quality. The contents of the packages.

the gross weight, dimensions and any other indication useful for the regular execution of the mandate.

Without express order, the freight forwarder is not required to verify such indications.

Goods must be packaged according to commercial practices.

the principal is liable to the freight forwarder for all harmful consequences arising from the omission, inaccuracy or imprecision of the statement of the above data, as well as from the lack, insufficiency or impropriety of packaging, or from the failure to indicate on the packages the precautions necessary for their handling and lifting.

The freight forwarder is not required to weigh the goods except following a precise written order from the principal, unless weighing is made mandatory by current provisions.

The written order given to the freight forwarder to have the weight of the goods officially recognized by the carrier shall be binding on the freight forwarder only when the carrier admits such recognition.

Art. 7. Receipts issued by the freight forwarder.

Goods receipts issued by the freight forwarder do not imply any guarantee regarding the quality of the goods, the contents of packages, value, weight and packaging.

Furthermore, such receipts do not imply any recognition of quantity for bulk goods, wagon loads and similar, whose weight is not usually subject to control.

Art. 8 Incorrect indications and consequent liability limits.

Should the freight forwarder, following incorrect or inaccurate indications, have undertaken to ship goods that by their nature cannot be accepted or can only be accepted under special conditions by transport companies, namely goods of exceptional weight and volume, or whose traffic is subject to control prescriptions such as, for example, narcotic, explosive, flammable, corrosive, radioactive or melitic substances, the mandate is to be considered null and void. If however the shipment takes place anyway, the principal is liable to the freight forwarder for all harmful consequences and expenses that may arise therefrom.

Art. 9. Address of the principal or shipper.

The principal is required to promptly notify the freight forwarder of their complete address and any changes thereof.

The freight forwarder is not liable for consequences that may arise from the failure to notify or untimely notification of address changes.

Art. 10 Communications between freight forwarder and principal.

Without explicit written order, the freight forwarder is not required to send communications, documents or other items by registered or insured mail.

The freight forwarder is not required to verify the authenticity of the signature of communications or documents relating in any way to the goods or the powers of the signatory, except in cases where it has been otherwise agreed with the principal or where the lack of authenticity or powers is clearly recognizable.

Art.11 Validity of the mandate.

An instruction from the principal to the freight forwarder regarding the goods is considered valid until revocation, unless the instruction has already been implemented by the freight forwarder.

The mandate to the freight forwarder can be revoked only if they have not yet concluded the transport contract with the carrier.

The freight forwarder must, in any case, be reimbursed for all expenses incurred up to the moment of revocation and paid adequate compensation for the activity performed according to the tariffs deposited with the Chambers of Commerce or, in their absence, according to market prices.

An order to hold goods at the disposal of a third party can no longer be revoked from the moment the freight forwarder has notified the third party that the goods are at their disposal.

Art. 12 Obligations of the principal in reference to the shipment.

The communication from the principal that the assignment is to be executed on behalf of a third party does not exempt the principal from their obligations towards the freight forwarder.

Art. 13- Powers and responsibilities of the freight forwarder in the absence of instructions regarding the fulfillment of the assignment.

the principal is required to provide the freight forwarder in due time with the documents necessary for taking delivery and shipping the goods, together with the relative instructions.

In the absence of adequate or feasible instructions, the freight forwarder may operate according to their own discretion in the interest of the principal.

When the principal, instead of giving the freight forwarder precise instructions, limits themselves to sending a copy of the letter of credit, the freight forwarder operates in accordance with the conditions expressed in the letter of credit, without however assuming responsibility for their interpretation.

The principal is responsible for all consequences that could occur following the sending of incorrect, unclear, insufficient, not provided or late-provided documents and/or instructions.

Art. 14 – Consular invoices.

Consular invoices are prepared by the freight forwarder or their representative at the maritime port only following express request from the principal, accompanied by the necessary documents and based on the data resulting from the documents themselves.

Art. 15- Grouping of shipments.

The freight forwarder has the right to ship goods by grouping them with others, unless otherwise ordered in writing.

Art. 16- Packaging: declarations of exemption from liability.

The freight forwarder is exempt from any liability relating to losses, shortages, damage and deterioration caused to packages and goods by insufficient packaging or packaging in used packaging or in packaging that deteriorates over time, through handling or due to the products contained.

The freight forwarder is authorized, in this case, to receive from carriers, depositaries and receivers in general, reservations regarding the packaging conditions of the goods.

Art. 17 – Letters of guarantee relating to the condition of goods or packaging.

The freight forwarder is not required to issue letters of guarantee in order to obtain the omission from transport documents of observations relating to the condition of the goods or their packaging.

Should, however, the freight forwarder deem it appropriate, in the interest of their principal, to issue such letters of guarantee, they have the right to demand from the same, in turn, a similar guarantee and, pending receipt thereof, to retain the goods or related documents, as well as to be reimbursed for all exceptional expenses that may arise therefrom.

Art. 18 – Sampling of goods.

The sampling of goods entrusted to the freight forwarder is carried out without their liability even when this operation does not require particular technical knowledge or special equipment.

Art. 19 – Delivery terms.

Unless special written agreements, delivery terms are not guaranteed by the freight forwarder nor a specific order of precedence in the execution of the shipment. The simple indication of delivery time by the principal does not constitute an obligation for the freight forwarder.

In no case can the freight forwarder be held liable for consequences due to incorrect information provided by transport companies or their agents regarding loading, unloading or delivery dates or terms.

Art. 20 – Validity of prices and conditions.

Prices and conditions offered by the freight forwarder are valid only if promptly accepted by the principal and for the immediate execution of the relative mandate, subject, however, to any changes that may occur in the conditions and tariffs of companies, carriers and entities whose services must be used by the freight forwarder in the interest of their principal, as well as in the cost of labor or exchange rates.

The freight forwarder is not required to report changes that occur during the shipment.

Premiums, rebates, brokerages, commissions on freight and similar obtained by the freight forwarder on carrier tariffs are the exclusive property of the freight forwarder.

Art. 21 – Freight forwarder offers.

The freight forwarder’s offers and agreements with them on prices and services refer only and always to specified services; unless otherwise agreed, they are understood to be valid only for goods of normal volume, weight and quality, within the following limits:

– rail shipments: according to the tables of transport conditions of railway administrations.

– truck shipments: 300 kg per cubic meter.

– maritime shipments: according to the tables of transport conditions of maritime companies.

– air shipments: according to I.A.T.A. prescriptions.

Prices given in lump sum form are understood to be issued solely for the purpose of facilitating the principal in their commercial calculations and administrative practices without this being able to modify the role of the freight forwarder.

Art. 22- Special rules for shipments to and from ports.

A) Loading and unloading operations are carried out according to local port regulations and customs and according to the rules established by carriers by virtue of clauses appearing in bills of lading or charter contracts.

B) Unless otherwise agreed, the agreed prices do not include additional expenses resulting from loading, transshipment or unloading of goods during the night, Saturday, Sunday or legal holidays, rainy days, etc.

C) Should the freight forwarder handle the forwarding and routing to embarkation ports of goods entrusted to them for shipment, they are not responsible for delays that could, for any reason, occur nor consequently for missed embarkations, stops, storage and detention charges, unloading ashore, damages or “empty for full” charges required by shipping companies and/or their agents, etc.

The aforementioned special expenses arising from the operations referred to in points A), B) and C) are borne by the principal.

Art. 23- Failed clearance of goods at the consignee’s address.

The assignment and responsibility of the freight forwarder end, for goods to be delivered to the consignee’s address, with the presentation of the goods on the vehicle in front of the consignee’s address or in front of a normal unloading place that the consignee will have indicated in advance.

The consignee must take care of unloading without delay at their own expense, risk and peril.

Should the consignee delay or refuse acceptance of goods delivered to their address, the freight forwarder has the right to charge the goods with additional expenses for vehicle standby, for return of goods to warehouse, for warehousing and subsequent redelivery to the address.

Art. 24- Refused shipments or those that cannot be delivered.

Unless otherwise instructed in writing, the freight forwarder may return to the shipper all goods refused by the consignee or that, for any reason, cannot be delivered. The above at the risk and on behalf of the principal.

During storage for any impediment to redelivery, goods remain in storage at the risk and peril of the principal without the freight forwarder being required to insure them. The freight forwarder furthermore assumes no responsibility for shortages, damage, etc., as well as for confiscations, auction sales, destructions or other events that may occur to the goods and this based on the laws in force in the country where the goods are stored.

Art. 25 – Freight and other expenses charged on goods.

The assignment to clear incoming goods authorizes, but does not oblige, the freight forwarder to advance freight charges on the goods, shipper’s charges and assignments, customs duties and other expenses. The freight forwarder cannot be held liable by the entitled party for standby expenses, damages, etc. arising from the failure to advance freight and other expenses.

Art. 26 – Principal’s obligations regarding shipment expenses.

The principal, unless otherwise agreed, is required to provide the mandatary with the means necessary for the execution of the mandate and for the fulfillment of the obligations that the freight forwarder has contracted in their own name for this purpose, on behalf of the principal: the freight forwarder has no obligation to advance sums on behalf of the principal. Should, by prior agreement, the principal not advance the funds, or should the sums requested from them by the freight forwarder not arrive promptly, the latter must be recognized, in addition to normal fees, commission for fund advancement, and interest for delay, also any losses on exchange rates, should, at the time of collection of the currency in which the accounting was established, this have suffered a decline.

The freight forwarder’s acceptance to charge their expenses and credits on the goods under any title, or the principal’s order to the freight forwarder to charge certain expenses to the consignee or third parties, does not exempt the principal from the obligation of payment if, due to the consignee’s failure to clear the goods or for any other reason, the freight forwarder cannot realize their credit. The principal is required to reimburse, upon simple request from the freight forwarder, any debit differences for freight, duties and other expenses collected in lesser amounts or relating to debit assessments issued by state administrations, carriers, etc., within the limitation periods established for each of them.

Art. 27 – Payment of amounts due to the freight forwarder.

The freight forwarder’s invoices are to be settled on sight. In case of delayed payment, without the need for formal notice, interest shall be applied at the rate of current passive rates on the financial market, without affecting the enforceability of the credit.

Art. 28 – Principal’s obligations regarding payment demands made to the freight forwarder in consequence of goods held.

The principal is obligated to immediately indemnify the freight forwarder from payment demands for assessments, freight, duties, taxes, general average contributions, fines and/or other disbursements that may be requested from them as the party disposing of or holding goods on behalf of third parties. In default, the freight forwarder is authorized to take measures deemed appropriate for their protection and to proceed, if necessary, with the sale or even destruction of the goods in accordance with the laws in force in the country where the goods are located or applicable international conventions.

The principal is required to promptly inform the freight forwarder of all legal, customs, etc. obligations arising from holding the goods, and is liable to the freight forwarder for all consequences of such omission.

Art. 29 – Limits of freight forwarder’s liability for incorrect application of freight and duties

In the absence of specific contrary agreements, the freight forwarder assumes no responsibility for information relating to freight rates, duties, taxes, charges, tariffs, etc.

The freight forwarder is not responsible for incorrect application of freight and duties and is also not liable for consequences inherent to sudden increases in duties or other provisions by the Authority.

Art. 30 – Principal’s charges and withholdings

Charges or withholdings by the principal on amounts due to the freight forwarder are admissible only if relating to overdue credits recognized by the latter.

Art. 31 – Insurance value.

The freight forwarder is not required to insure the goods except following a written and express order from the principal. They arrange insurance as a simple intermediary under the conditions of policies and special clauses of insurance companies chosen by them and without any liability of their own, even if they have not communicated the insurer’s name to the principal. In the absence of exact specification by the principal of the risks to be insured, only ordinary risks are covered.

The simple indication of the goods’ value does not constitute an insurance mandate.

For all purposes, insurance shall be considered operative as soon as the freight forwarder is able to conclude it.

If the freight forwarder has arranged insurance in their name but on behalf of the principal, they are only required, upon request, to assign their rights against the insurer to the principal. If the insurer should in any way question the applicability of the policy, the principal shall have recourse only against the insurer and the freight forwarder shall have no liability in this regard. In no case can the freight forwarder be considered as a co-insurer. Should insurance be covered by the sender or consignee, the principal undertakes to ensure that the insurance conditions exclude the insurer’s right of recourse against the freight forwarder.

Art. 32 – Scope of insurance: compensation to the freight forwarder.

In case of damage, the principal is entitled as compensation only to what the freight forwarder has received from the insurer.

The freight forwarder fulfills their obligations by assigning to the principal, upon request, the rights against the insurer and therefore, in case of loss or damage or other damage provided for by the policy, it is up to the principal to act against the insurers or responsible third parties. The principal may instruct the freight forwarder to proceed, on their behalf and risk, with practices relating to the realization of rights.

For handling practices relating to damages and average in relation to the insurer, for assistance in damage or average assessment performed by experts appointed by insurance companies or carriers, for exercising recourse against responsible third parties and other similar practices, the freight forwarder is entitled to special compensation in addition to that normally derived from the forwarding mandate.

Art. 33 – Storage: conditions.

Any storage of goods is carried out at the freight forwarder’s choice in their own premises or those of third parties (private or public).

If the freight forwarder has stored the goods in a third party’s warehouse, the same conditions existing between the freight forwarder and the third party depositary apply in relations between the freight forwarder and their principal.

If the freight forwarder has stored the goods in their own warehouses, they are not required to adopt special measures for the security and surveillance of the warehouses and fulfill their obligations if they have dedicated the necessary care within the limits of local customs.

In the case where consignments of goods are entrusted by the principal to the freight forwarder with the task of storing them for long-term warehouse storage, without prejudice to what is established above, the principal is free to visit the storage premises or have them visited, subject to agreement with the freight forwarder and depositary.

Exceptions or observations must be made immediately.

Art. 34 – Controls and handling of stored goods.

Any verification, processing, sampling or handling of goods to be performed during warehouse storage must be previously agreed upon and executed by the freight forwarder’s appointees, or, where nothing prevents it, also by the principal’s personnel, always, however, with the paid assistance of the freight forwarder.

Art. 35 – Duration of storage.

The freight forwarder may withdraw from the storage contract at any time with one month’s notice by registered letter to the last address communicated to them.

Withdrawal without notice is permitted in cases where the goods may cause damage to other goods.

The freight forwarder, when having reason to doubt that their rights are not covered by the value of the goods, is authorized to set a deadline for the principal within which they must provide coverage for their dues: failing which, the freight forwarder is authorized to sell the goods and recover their dues from the proceeds.

Art. 36 – Storage receipt – return of goods.

Upon completion of goods storage, the freight forwarder shall issue, upon request, confirmation of receipt and respectively of storage.

Return of goods will be carried out only upon written instruction, signed by the principal or the entitled party, according to the principal’s instructions; confirmations of receipt or storage of goods have no value for return purposes and do not constitute proof of ownership of the goods.

Art. 37 – Privilege and right of retention.

The freight forwarder has, in relation to the principal, for any overdue and maturing credits arising from their services, privilege and right of retention on goods and other values in their possession.

The freight forwarder may claim such right also in relation to the consignee, sender and owner of the goods.

Art. 38 – Limits of liability depending on third parties’ actions.

The freight forwarder is not liable for the actions of transport companies, as well as other freight forwarders, depositaries, insurers, banks, whose services they have requested in fulfilling their mandate: they are responsible only for fault committed in their selection or in transmitting instructions, and not for the actions of individual selected or appointed parties. Lacking fault in selection or transmission of instructions, the freight forwarder is only required to safeguard recourse rights in favor of their principal, as well as to assign to the latter the action due to them under the relevant contracts against potentially responsible third parties.

Art. 39 – Impossibility of fulfilling tasks due to force majeure.

Events not caused by the freight forwarder but which prevent them wholly or partially from fulfilling their obligations, including strikes and lockouts, as well as all force majeure causes provided for by international conventions, exempt the freight forwarder, for the duration of their occurrence, from liability regarding assignments prejudiced by such events. In such cases, the freight forwarder is authorized, but not obligated, to withdraw from the contract, even if the assignment has already been partially executed. Similarly, the principal has the same right in these cases, when continuity of order execution is not guaranteed. In case of withdrawal by the freight forwarder or principal, the latter must reimburse the freight forwarder for all transport, warehousing, rental, storage, stopover, insurance, delivery, etc. expenses incurred, including those caused by force majeure.

Art. 40 – Transport impediments and limitations.

The freight forwarder is not required to monitor or draw the principal’s attention to the existence of legal or authority impediments regarding shipment, such as import, export, or transit limitations.

Art. 41 – Maximum damage compensation.

Considering what is indicated in articles 2 and 4 of these General Conditions, in cases of freight forwarder liability, it is in any case limited to the gross kilogram of the value specified in the article. 4.

When the declared value exceeds the current commercial value and in any other case of value discrepancy, the current commercial value at the place and time when the forwarding contract is stipulated is taken as the basis for all purposes.

In case of shortages, damage or delays for shipments of samples and goods destined for fairs, exhibitions, etc., the freight forwarder’s liability is limited to the goods’ value declared at the time of shipment and in any case within the limits of the first paragraph of this article.

Art. 42 – Damage resulting from insufficient packaging.

The freight forwarder is not liable for damage of any kind relating to goods that are not packaged or insufficiently packaged.

Goods that, based on conditions or customs inherent to the relevant transport contract, are considered not packaged or insufficiently packaged, are also considered as such in relation to the freight forwarder.

Damage to packaging that is externally recognizable immediately or manifests subsequently may be repaired by the freight forwarder at the principal’s expense, without thereby assuming any consequent liability.

Art. 43 – Place and methods (damage assessment)

The freight forwarder is not liable for damage found after delivery of packages in regular external conditions.

Art. 44 – Reporting damage to the freight forwarder.

In order to enable the freight forwarder to assert any rights against third parties, any damage, even if not externally recognizable, must be promptly reported in writing to the carrier to whom transport was entrusted by the freight forwarder in execution of the received assignment, ascertained in legal forms and immediately brought to the freight forwarder’s attention.

If the freight forwarder receives damage notification when they are no longer able to assert their rights against third parties, the freight forwarder is not responsible for the consequences.

Art. 45 – Settlement of third party interference in shipments.

If a third party, who is directly or indirectly interested in the mandate conferred to the freight forwarder or its execution, raises claims against the freight forwarder in consequence thereof, the principal is required to immediately free the freight forwarder from such claims which must be settled directly between the principal and the third party.

Art. 46 – Extension of liability.

The freight forwarder is free to assume greater liability than that provided for by the preceding provisions with an express prior agreement and in exchange for special compensation.

Art. 47 – Limitation period.

Without prejudice to the provision of article 2951 of the Civil Code regarding the limitation period for rights arising from the forwarding contract, the freight forwarder has the right to obtain at any time from their principal the equivalent of amounts that, in consequence of executing assignments entrusted to them, they are required to pay to public or private entities in favor of whom limitation periods longer than the above apply.