Standard Trading Conditions - XIII. LIABILITY OF THE FORWARDER
     

ART. 50. The liability of the FORWARDER is applied, limited, excluded or terminated as defined in these STC.

ART. 51. If the FORWARDER may invoke a provision in these STC which limits or excludes his liability, then it is not an admissible counter - plea that a tortious act has been committed.

ART. 52. LIMITATIONS OF THE LIABILITY OF THE FORWARDER AS PROXY AND AS AGENT:

  1. In principle, the liability of the FORWARDER when acting in the role of Proxy or Agent for and on behalf of the CUSTOMER is engaged only through mistakes or faults of the FORWARDER
  2. Acting as Proxy or Agent the FORWARDER is not liable for the loss or damage caused to the CUSTOMER by the Provider of the services of carriage, storage or handling of the goods, unless the FORWARDER has not exercised due diligence in the choice of such Provider.
  3. In the circumstances defined in Cl. (1) and (2) above, the FORWARDER is obliged to render account of the transaction and to transfer to the CUSTOMER/OWNER all rights which the FORWARDER has against third parties in respect of the claim. Thereby the liability of the FORWARDER is terminated, unless the loss or damage is due to fault of the FORWARDER.
  4. At the request of the CUSTOMER, the FORWARDER will collect information and evidence concerning the loss or damage which is the subject of the claim.
  5. Under a special agreement with the CUSTOMER, the FORWARDER may raise a claim and/or pursue legal proceedings against liable third parties.

ART. 53. While rendering services in the role of OPERATOR, the FORWARDER is liable for the proved loss or damage which has occurred between the time he has taken the goods in his charge and the time of delivery of same, subject to the provisions of Art. 50 and 51 above.

ART. 54. In any case the FORWARDER is liable solely and exclusively for the direct loss of or damage to the goods taken in his charge and bears no liability for any consequential losses and damages and for the loss of revenue, profit or market. In particular, in the event of loss or damage to a part of the goods which renders the other parts unusable, the FORWARDER is liable only for the loss of or damage to the directly affected part.

ART. 55. EXCLUDED RISKS:

I. The FORWARDER is relieved of liability for loss of or damage to the goods if same is due to one of the following causes:

  1. Implementation of the instructions of the CUSTOMER and acts or omissions of same;
  2. The absence of documented instructions of the CUSTOMER when the nature of the goods and/or services requires such instructions;
  3. Internal or hidden defect of the goods or their packing;
  4. Inadequate or insufficient packing;
  5. Inherent vice and properties of the goods and/or the materials of which the goods are manufactured;
  6. Action of rodents, worms, moth, fungi, mold and of other pests and vermin;
  7. Normal aging, biological and physicochemical processes usually taking place in the goods;
  8. High and low temperatures, desiccation, humidity or condensation of vapours in a warehouse or a transport unit not designed to maintain a constant temperature or humidity;
  9. Other atmospheric influences and the consequences thereof during the storage in a warehouse or the carriage in or on a transport unit not protected from such influences, provided the use of such facilities has been authorized by the CUSTOMER.
  10. Hostilities and military action; civil disturbances; strikes and lockouts; robbery; action of armed gangs; acts of any Authority; nuclear accidents and the consequences thereof; fire, earthquake and other natural disasters; events which are of a Force-Majeure nature and other causes or events which the FORWARDER cannot reasonably avoid and/or the consequences thereof he is unable to prevent by the exercise of reasonable diligence.

II. The burden of proof that the loss or damage was due to one or more of the causes specified above rests on the FORWARDER.

ART. 56. In any case where according to these STC the FORWARDER is liable to pay compensation in respect of loss or damage to the goods and it is known where such loss or damage occurred, the extent and the amount of his liability shall shall be determined by the provisions of the applicable law or convention, which provisions:

  1. Cannot be departed from by private contract;
  2. Would have applied if the Claimant had made a separate and direct contract with the actual Provider of the service where the loss or damage occurred and had received the particular document, which must be issued in order to make such law or convention applicable.

ART. 57. CALCULATION OF COMPENSATION:

  1. Without prejudice to the limitations defined in Art. 58, the compensation due by the FORWARDER cannot exceed the value of the lost or damaged goods at the time and place where the FORWARDER has taken same in his charge.
  2. This value is determined by reference to the declared invoice price of the goods or in the absence of such price - in a descending order according to: the current commodity exchange price, the current wholesale price, or by reference to the usual value of goods of the same kind and quality.
  3. Compensation due from the FORWARDER is paid in Bulgarian currency and is recalculated (wherever necessary) according to the central rate of exchange of the Bulgarian National Bank on the date when the loss/damage was established.
  4. Where the Claimant is a foreign person, the compensation may be paid in foreign currency according to the value and the rate of exchange established by applying the provisions of Cl. (2) and (3) above.  

ART. 58. LIMIT OF COMPENSATION:

  1. In any case, compensation due for loss of or damage to the goods is limited to the equivalent of:
    - SDR 2,00 per kilo of gross weight of the goods lost or damaged, but not exceeding SDR 666,67 per package or unit, for goods carried by sea or inland waterways and for goods carried by international combined transport in case the place where the loss or damage has occurred cannot be established.
    - SDR 8,33 per kilo of gross weight of the goods lost or damaged during international carriage by road or by rail.
  2. In case of delay of delivery if the rightful Claimant proves that thereby he has sustained a loss, the FORWARDER is liable to pay a compensation to the value of such loss, but not exceeding his remuneration due as Agent or as Operator for the respective service.
  3. In the case of any other claims the compensation due by the FORWARDER is limited to whichever shall be the least of the following amounts:
    - The value of the goods the subject of the relevant transaction between the FORWARDER and the CUSTOMER, but not exceeding SDR 2,00 per kilo of gross weight of those goods with a maximum of SDR 666,67 per package or unit, or
    - SDR 50.000 in respect of any one transaction.

ART. 59. If the FORWARDER acts as Principal-OPERATOR in respect of the international carriage of goods by air, then his liability is governed on a contractual basis by the provisions of the Warsaw Convention.

ART. 60. By special agreement and against additional remuneration the FORWARDER may accept liability in excess of the limits set out in these STC.

ART. 61. The limits of liability, defined in CHAPTER XIII of these STC shall be waived only for loss or damage caused by criminal acts of the FORWARDER or where the FORWARDER has expressly accepted a liability covering declared value and/or declared interest in delivery of the goods.

ART. 62. When the compensation which the FORWARDER has to pay covers the full value of the goods determined according to Art. 57 above, the CUSTOMER or OWNER is obliged to transfer to the FORWARDER the title over the goods and all rights, which he may have against third parties in respect of the goods.

     

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