Standard Trading Conditions - X. DELIVERY OF GOODS BY THE FORWARDER
     

ART. 37. The FORWARDER is entitled to deliver the goods with discharge of liability to any adult person belonging to the business or household of the Consignee, whereby the provisions of Art. 27 - Cl. (1) and (2) of these STC apply.

ART. 38. Delivery the goods to the Consignee is subject to the payment of all collect charges due. If the Consignee refuse to pay part of or all collect charges due, he is deemed to refuse to take delivery of the goods.

ART. 39. If the CUSTOMER, the OWNER or the Consignee do not take delivery of the goods at the time and place when and where the FORWARDER is entitled to effect delivery, then the FORWARDER is entitled to dispose of the goods at his own discretion with or without prior notice in the following manner:

  1. To return the goods to the Consignor against payment all costs incurred thereby and of his usual remuneration.
  2. To store the goods or part thereof, whereupon the liability of the FORWARDER for the goods shall wholly cease and all costs incurred shall be on account of the CUSTOMER, even if the warehouse belongs to the FORWARDER.

ART. 40. DISPOSAL UPON IMPOSSIBILITY TO DELIVER THE GOODS: 

  1. The FORWARDER is entitled to sell or to otherwise reasonably dispose of goods which for any reason (including also the provisions of Art. 38 and Art. 39 above) cannot be delivered in accordance with the instructions of the CUSTOMER or the OWNER, under the following conditions:
    - On 30 days preliminary notice to the CUSTOMER.
    - When the CUSTOMER or the other persons having a legal interest in the goods cannot be traced - upon expiry of 90 days from the date on which the Consignee should have taken delivery.
    - Without prior notice for perishable goods, for goods which have perished/deteriorated and/or the keeping of which may cause damage to the FORWARDER or to third parties, or contradicts the applicable legislation.
  2. In the cases stated in Cl. (1) above, the FORWARDER disposes of the goods for and at the expense of the CUSTOMER/OWNER and is obliged to put at the disposal of the rightful Claimant the proceeds of the sale after deducting all costs pertaining to the goods. However if said costs exceed the proceeds of the sale, the FORWARDER is entitled to be paid the difference. 

     

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