Standard Trading Conditions - XIV. CLAIMS
     

ART. 63. TIME-LIMITS AND PROCEDURES:

  1. Any claim howsoever caused must be documented and notified in writing to the FORWARDER immediately after the events alleged to give rise to such claim become known to the Claimant, but in any case not later than:
    - Upon taking delivery of the goods by the Consignee in the case of apparent loss or damage to the goods;
    - 5 days of taking delivery in the case of loss or damage which is not apparent;
    - 20 days after the agreed or the usual time-limit for delivery for delay in delivery or for non-delivery of the goods;
    - 30 days after the event in all other occurrences.
  2. If the time-limits and procedures stated in Cl. (1) above are not complied with, then it is presumed that the loss or damage has occurred after the FORWARDER has effected delivery of the goods.
  3. The time-limit for the presentation of a proved claim against the FORWARDER is 3 (three) month, which start to run according to the provisions of Art. 64 below.
  4. When the carriage is subject to the provisions of an international convention, the time-limits and claim procedures provided for in this convention shall apply.
  5. The claim is deemed to be legally tendered only after the CUSTOMER has paid all sums due to the FORWARDER without deferment, reduction or set-off.
  6. When the provisions of this Article have not not been complied with or when the Claimant with his actions or omissions has prejudiced a counterclaim against liable third parties, the FORWARDER may reject the claim on this basis alone.

ART. 64. PERIOD OF LIMITATION:

  1. The period of limitation for any legal action arising in respect of the services of the FORWARDER is determined in accordance with the Bulgarian law and the applicable international conventions.
  2. This period of limitation starts to run as follows:
    - In the case of partial loss, damage or delay in delivery - from the date of delivery;
    - In the case of total loss - from the thirtieth day after the expiry of the agreed time-limit for delivery, or where there is no agreed time-limit - from the sixtieth day following the date on which the goods were taken by the FORWARDER or by the Provider of the contractual services;
    - In all other cases - from the ninetieth day after the confirmation of the forwarding Order.

     

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