GENERAL TERMS & CONDITIONS OF TRADE
TRIDENT FREIGHT Ltd, UIC 040095903
These General Terms and Conditions of trade governed the standard content of contracts for transportation services between TRIDENT FREIGHT LTD, UIC 103612103, with domicile and registered office at 46, Rayko Zhinzifov Str., Varna 9000 and its shippers, clients, and subcontractors.
When you order international, inland (road) transportation from TRIDENT FREIGHT LTD, you enter into a contract with your rights and obligations and those of TRIDENT FREIGHT LTD established in the internal general terms and conditions according to the type of transport, supplemented by the standard Trading Conditions of Bulgarian National Forwarders Association – NSBS (last correction), published on the Internet address: www.nsbs.bg
I. General Terms and Conditions
1. When a written quotation is received by email, the client is obliged to become acquainted with the conditions for the organization and conduct of international maritime transport and the provided general terms and conditions for all accompanying services.
2. The quoted prices are valid for the stated period of validity and only if the container operator can provide the necessary empty equipment at the place of loading specified by the client.
3. Free time for loading/unloading and customs clearance is within the working day unless other conditions are provided to the customer. In case of vehicle detention, a fee of EUR 75 for the first day and EUR 120 for each subsequent is applied.
4. The Container operator reserves its right, with and without warning, to make changes to the schedule, route, and dates of departure of the vessel, arrival at the transhipment port, as well as arrival at the final destination. The carrier does not accept commitments for delivery times and delivery on a fixed date.
5. TRIDENT FREIGHT LTD accepts cargoes as submitted by the booking party (the shipper) without verifying the truthfulness and completeness of the declared data (description, quantity, weight, type of package, tariff codes, etc.). The booking party (the shipper) is fully responsible for the incorrect or incomplete declaration of the goods indicated in the documents. In case of penalties to TRIDENT FREIGHT LTD by the Container operator, customs authorities, phytosanitary authorities, and any other institutions, the same will be referred to the booking party/consignee/shipper of the transport. Any additional costs incurred due to the above will be directed to the transport's booking party/consignee/shipper.
6. The booking party (the shipper) of the transport bears full responsibility for the stuffing and lashing of the cargo in the container provided to it. Poor stuffing of goods, as well as poor lashing, can lead to container damage, as well as charging of additional fines and fees at the transhipment and final port.
7. The transfer of the cargo to the consignee is made after payment of all amounts due for the organization of maritime transport to the port of destination, local costs as per the quote provided, as well as any additional costs for storage, demurrage, customs inspections, etc., unless otherwise agreed by an agreement signed. All bank charges are at the payer’s expense.
8. TRIDENT FREIGHT LTD recommends the conclusion of cargo insurance during sea transportation. In all other cases, compensation for damage from loss of goods and damage to the goods is limited to:
8.1. SDR 2,00 per kilogram gross weight missing/damaged goods, but not exceeding SDR 666,67 per parcel or consignment, for carriage by water, as well as for combined carriage in international shipping that involves water as part of the route, where the location of the occurrence of loss of or damage to the goods cannot be determined.
8.2. SDR 8.33 per kilogram gross weight missing/damaged goods for carriage by road, rail, and/or air in international shipping.
In both cases, the liability of the carrier does not exceed the value of the cargo. The carrier bears no responsibility in case of force majeure circumstances.
9. TRIDENT FREIGHT LTD reserves its right to make corrections to its quotations in case of changes beyond their control regarding the value of the transport service and/or delivery service.
10. In case of incorrectly declared container weight for import and export, charges for terminal operations are tripled.
11. For international maritime transport, shippers are required to become acquainted with the general terms and conditions of transport of Container operators, available on the back of each page of the Bill of Lading for maritime transport (MBL). Upon confirmation of the Bill of lading and acceptance of the container for stuffing, the said terms and conditions are deemed to have been approved and accepted by the booking party/shipper.
13. The shipping line agent TRIDENT FREIGHT LTD notifies in writing (by email) the goods’ consignees as per the Bill of lading before the ship arrives at the destination port, according to the contact forms in the Bill of lading for maritime transport. The notification of arrival is for informational purposes only, and TRIDENT FREIGHT LTD bears no responsibility for any costs incurred due to fees for delayed container release. It is the responsibility of every consignee to track and inform themselves about the movement of their goods.
14. In case the deadline for describing the goods in the Bulgarian language is not met and/or the description required for the customs authorities is provided incorrectly/incompletely, all fines and fees incurred are at the expense of the declarer/consignee of the goods or their representatives.
15. In the event that information and documents are not provided within the statutory period, and the customs clearance of the goods is hindered within 90 days, complete responsibility is borne before the Customs officials, and all expenses incurred in connection with the undertaken measures and actions of the customs officials should be reimbursed to TRIDENT FREIGHT LTD under Article 199 of the Union Customs Code (UCC) (Regulation 952/2013).
16. The shipper as per the Bill of lading is obliged to declare in writing before TRIDENT FREIGHT LTD the verified gross mass (VGM) of the container, as well as for instructions for the Bill of lading not later than 48 hours before the ship arrives at the port of loading. TRIDENT FREIGHT LTD bears no responsibility for incorrectly submitted instructions and VGM.
17. Customs clearance of goods is a responsibility of the shipper unless otherwise agreed.
18. ESD (Exit Summary Declaration) is a commitment of the exporter of the goods unless otherwise agreed. In case of omission, the ESD is submitted by TRIDENT FREIGHT LTD, for which a fee of EUR 25/declaration is charged.
19. When using wooden parts and/or packaging, compliance with the international standards for phytosanitary measures ISPM No.15 is the responsibility of the shipper/exporter of the goods.
20. In the case of a Letter of Credit, the requirements for issuing a bill of lading should be negotiated with TRIDENT FREIGHT LTD before stuffing the container. Otherwise, TRIDENT FREIGHT LTD is not responsible for any delays in the vessel’s departure or container release.
21. Original bills of lading (MBL) are issued after the vessel’s departure from the port of destination.
22. All payments on the quotation for maritime transport, local fees, and other services provided are due prior to the delivery of the original Bill of lading for maritime transport unless otherwise agreed.
II. Additional conditions for organizing international maritime transport with specialized equipment - Open top, Flat rack, Reefer containers
23. Rate quotation is valid and applies only to the specified weights and dimensions – L x W x H. The price is subject to update in case of any difference from the dimensions initially stated.
24. Repositioning of empty special equipment by land or sea is performed only upon prior order. In case the booking party cancels its order, all costs for repositioning at the port of loading or the place of loading specified are payable.
25. In the case of road transportation of a reefer container, a quotation for transport is drawn up without the use of the GENSET diesel generator to maintain the temperature regime in the container. In case a GENSET is required, this should be requested and paid additionally.
III. Additional conditions for organizing land road transport
26. The quoted prices do not include VAT, which is charged when issuing an invoice according to the requirements of the Bulgarian legislation.
27. The quote for road transport does not include the fees listed below:
27.1. parking fee on the territory of the customs offices,
27.2. costs for loading and unloading activities,
27.3. services of customs clearance of goods,
27.4. a fee for keeping the vehicle outside the hours provided for loading and unloading and customs clearance of goods,
27.5. fees for customs inspections at border crossing points, starting or ending points of loading/unloading operations, as well as any other additional fees incurred during the inspection of the goods by customs and/or border officials,
27.6. cargo insurance during carriage by road.
28. Payment for road transport is made when issuing an invoice, prior to the carriage unless otherwise agreed.
29. All bank charges are at the payer’s expense.
30. The maximum permissible gross weight of the freight is indicated in the road freight transport quote. In case of exceeding it, an increase shall be charged in accordance with the regulation concerning the charges for exceeding the maximum permissible laden weight of vehicles.
31. The quotation implies free access and normal accessibility of heavy goods vehicles at the loading and delivery addresses. In the cases of restricted access and specific location features that impede access and require additional transport arrangements, the quotation is subject to update according to the conditions of the loading and delivery locations.
32. When using wooden parts and/or packaging, compliance with international standards for phytosanitary measures ISPM No.15 is the responsibility of the shipper/exporter of the goods.
33. The deadlines provided for stuffing and stripping stated in the Trucking order for carriage by road, which serves as a written contract between TRIDENT FREIGHT LTD and the TRANSPORT BOOKING PARTY (consignee/shipper and/or its representatives). Signing the Trucking order is considered as acceptance of the terms and conditions and the prices mentioned therein, and it is not subject to contest afterwards.
34. The general terms and conditions of TRIDENT FREIGHT LTD., as well as the terms of NSBS are an integral part of the proposed offer for services and are stated by a direct link in the email of each employee of TRIDENT FREIGHT LTD.
35. All goods that are considered and transported as hazardous under the ADR Convention must be appropriately packed, labelled, marked, and with the necessary documents under the requirements of the current international and national regulations. Furthermore, the shipper/sender is obliged to provide complete and correct information on hazardous goods according to Chapter 220.127.116.11 of the ADR Convention. In case of non-compliance with the regulatory requirements concerning the processing and transportation of dangerous goods, TRIDENT FREIGHT LTD reserves its right to refuse transport and claim reimbursement of additional costs incurred and/or financial penalties received.
IV. Settlement of Disputes
36. All disputes will be dealt with in a spirit of understanding and goodwill. In cases where this is not possible, they will be referred for settlement under the Bulgarian legislation. The booking party/consignee/shipper and/or their authorized representatives, being acquainted with these General Terms and Conditions, hereby declare their explicit consent for disputes arising to be under local jurisdiction and the provisions of Art. 117, par. 2 in conjunction with Art. 105 of the Civil Procedure Code, namely in case of a dispute arising, the parties explicitly declare that there is contractual local jurisdiction and competency with the court in the territory of Varna, at the domicile of TRIDENT FREIGHT LTD, regardless of its capacity in the proceedings – as a plaintiff or defendant.
When ordering transportation by TRIDENT FREIGHT LTD, the customer or its representative hereby declares that it has read these General Terms and Conditions of Trade (GTCOT) and agrees to comply with them.