Transitainer SA is a transport company or commissioner that, in accordance with the instructions it receives from third parties, assumes the organization of the transport of goods without using its own vehicles or means of transport. Transitainer SA also offers other transport-related services, such as warehousing, logistics consulting or ship consignment. The Customer, on the other hand, is the natural or legal person who contracts the services of Transitainer SA, and assumes, as the case may be, the status of sender, shipper, shipper, depositary, representative and / or agent of the owner of the goods.
All services of Transitainer SA are regulated by these general conditions of contract, which are considered accepted by the Customer at the time of contracting them. In cases where the Customer, in turn, has offered such services to third parties, undertakes to transfer to them these general conditions of contract.
The Customer must faithfully describe the goods specifying, among others, their nature, marks, weight, number of units or packages, and volume, and ensure that they meet all legal requirements. The Customer shall be liable for any loss, damage, damage, breakdown and/or sanctions that the possible inaccuracy of the description of the goods may originate third parties and /or Transitainer SA.
The Customer guarantees that the packaging used is correct and suitable to protect the goods during transport, and will be liable for the damage that it may cause to the persons, the own and third-party goods, the handling equipment, the means of transport, and/or any other goods.
5. Ad valorem.
The Customer may add a declaration of value of the goods in the bill of lading and in the transport letter against the payment of the corresponding surcharge which, in each case, will be applied in a timely manner. Such declaration is subject to acceptance, in each case, by the carrier.
The Customer may take out insurance that covers the damage that the goods may suffer during transport up to the value limit thereof. At the request, the Customer may request in writing transit a company of such insurance, in which case it must pay the corresponding amount.
7. Fractional load
In fractional cargo transports, the carrier and/or the maritime line may review and, where appropriate, recalculate the volume and weight when receiving the goods. The Customer undertakes to pay any expense, penalty or liability resulting from the difference in volume and weight.
8. Transit time.
In cases where Transitainer SA communicates to the Customer an estimate of the duration of transit time of the goods, such estimate is merely indicative and does not imply commitment or obligation on the part of Transitainer SA, except in cases where it is guaranteed, expressly and explicitly, at the time of contracting the service.
All our services are subject to the availability of space, vehicles, trailers and containers, as well as the approval of the goods by the carrier, warehousekeeper and/ or the shipping company.
The Customer authorizes Transitainer SA to select and subcontract to third parties the realization (in all its phases and modalities) of transport, administrative procedures, handling and storage of goods. Where the subcontracting has been carried out to carriers, shipping companies and/or operators that have been expressly designated by the Customer, Transitainer SA shall not be responsible for the performance thereof. Transitainer SA shall not be liable for any instructions that the Customer gives directly to the subcontractors.
11. Charges destination.
All shipments are subject to a number of destination charges that are not included in our Offer, such as delays, occupations, storage, fees, and administrative or customs penalties.
All customs formalities and formalities not included in the Offer will be at the Customer's expense and risk, which is required to indemnify Transitainer SA for any sanction, fine or liability resulting therefrom.
The Customer acknowledges and abides by the prohibition on sending live animals and plants, explosives, armaments, corpses and, in general, any goods whose transport and/or traffic is or may be illegal. In addition, goods consisting of vehicles and motorcycles must be delivered with the gas tank empty or drained up to a maximum of 1/8 of their capacity, and with the battery disconnected.
14. Dangerous goods.
The loading and shipping of dangerous and/or flammable goods are subject to authorization by the carrier, It is the customer's responsibility to inform Transitainer SA of the dangerous nature of the goods, of the precautions to be taken, to provide all regulatory documentation, and, in general, to comply with the current regulations on dangerous goods.
Payment may be agreed in advance prior to the performance of the contracted services. In the absence of a pact, the payment will be accrued with the issuance of the corresponding invoice by Transitainer SA, in which case the Customer will incur arrears the Customer who does not pay the invoice within 30 days from the receipt of the same. In any event, the Client who incurs arrears shall pay the statutory default interest rate which shall be the sum of the interest rate applied by the European Central Bank plus eight percentage points, together with a fixed amount of EUR 40, which, by law and without the need for an express request, shall in any case be added to the main debt.
16. Right of retention.
16. Right of retention. Without prejudice to the right of retention by law, transit ingest transiting transit to Transitainer SA, the Customer authorizes Transitainer SA to retain the goods when it owes liquid, overdue and enforceable invoices that are relating to such goods, or to other goods whose transport was carried out simultaneously or earlier. If the goods on which the right of retention is exercised are lost or destroyed, Transitainer SA will have the right to withhold the corresponding amount of compensation to be paid by insurers, carriers, etc.
17. Disposition and/or destruction of goods.
When the Customer does not withdraw the goods from the place of delivery after a reasonable and reasonable period of time has elapsed, Transitainer SA may, upon notice to the Customer, dispose of the goods, dispose of or destroy them, in order to further mitigate expenses and/or to compensate for the already incurred.
Transitainer SA may, in those cases provided for in the law, be responsible only for material damage caused to the goods, excluding those damages that are consequential, indirect and / or economic. Any legal action that the Customer may direct against the employees and/or dependents of Transitainer SA, whether fixed or temporary, will only be possible within the limits and in the circumstances contemplated in these General Conditions of Contract.
19. Limitation of Liability.
Except in cases of wilful misconduct or serious guilt, Transitainer SA may not incur liability that exceeds the following legal limits: (1) In land transport, storage and/or handling within the national territory, the sum of 4.5 euros per kilogram of gross weight of the damaged or lost goods. (2) In international land transport, the amount of 8.33 SDRs per kilogram of gross weight of goods damaged or lost. (3) In international transport of goods by sea, the quantity of 666.67 SDRs per package or 2 SDRs per kilogram of gross weight of damaged or lost goods. (4) In transport of goods by air, the quantity of 17 SDRs per kilogram of gross weight of damaged or lost goods. Special Drawing Rights (SDRs) are a unit of account defined by the International Monetary Fund.
20. Jurisdiction and applicable law.
The parties agree to submit to the arbitration of the Barcelona Arbitration Board all disputes whose amount does not exceed 15,000 euros, and to the jurisdiction of the courts and tribunals of Barcelona of all disputes whose amount exceeds 15,000 euros. The applicable law shall, in any case, be Spanish.
The Customer must address any claim by email to email@example.com or by mail at the offices of Transitainer SA on Avda. Drassanes 6-8, floor 13, 08001 Barcelona, indicating the number of Offer, Invoice and / or Container.