Standard Trading Conditions - V. GENERAL OBLIGATIONS OF THE CUSTOMER

     

ART. 16. The CUSTOMER shall give sufficient and implementable instructions for the execution of the forwarding order.

ART. 17. By agreeing to accept any service or business from the FORWARDER, the CUSTOMER warrants the following:

  1. That he is legally entitled to dispose of the goods and that he accepts these STC also for and on behalf of the OWNER of the goods;
  2. That he has the necessary information of the transactions in respect of which he employs the services of the FORWARDER, including the terms of delivery of the goods;
  3. That he knows the goods and their properties and written description of the goods and their properties is complete and accurate for the purposes, for which the goods are delivered to the FORWARDER;
  4. That the goods are not the object of transactions prohibited in any of the countries of origin, destination or transit of the goods;
  5. That the goods are properly prepared, packed and marked for the purposes, for which they are delivered to the FORWARDER (unless the preparation, packing and making of the goods is the responsibility of the FORWARDER);
  6. That he accepts all rights and immunities of the FORWARDER and all his own obligations and liabilities under these STC, including also the obligation to indemnify in certain circumstances the FORWARDER against expenses, losses, damages and claims of third parties.

ART. 18. Where the goods are carried in or on any transport unit then, save when the FORWARDER has accepted to perform loading of the unit as Principal-OPERATOR, the CUSTOMER warrants the following:

  1. That the goods are suitable for carriage in or on this transport unit;
  2. That the goods are suitably packed, stowed and secured in or on transport unit;
  3. That the transport unit is in a suitable condition to carry the goods loaded therein.

ART. 19. INDEMNITIES DUE BY THE CUSTOMER:

  1. Even if there is no negligence or fault of the CUSTOMER, the CUSTOMER undertakes to   indemnify the FORWARDER as follows:  
    - For all taxes, duties, levies, fines, expenses, losses, damages and liabilities sustained or incurred by the FORWARDER in the course of execution of the Forwarding Order;
    - Against claims by third parties and by any Authority, when such claims concern the goods of the CUSTOMER and the services of the FORWARDER and the liability which such claims seek to impose on the FORWARDER exceeds the extent or scope of his liability under these STC.
  2. The obligation defined in Cl. (1) above shall be revoked only when the indemnity due by the CUSTOMER is expressly included in the remuneration of the FORWARDER or when the expenses, damages, losses and liabilities result from the fault or misconduct of the FORWARDER.

ART. 20. A notice from the CUSTOMER that the forwarding order is made by or execute for the account of a third party does not revoke the obligations and the liabilities of the CUSTOMER towards the FORWARDER.

ART. 21. Any claims involving the liabilities of the FORWARDER under these STC shall be directed solely and exclusively against the FORWARDER and the CUSTOMER shall under no circumstances raise any such claims against the Directors, Employees and Agents of the FORWARDER, unless expressly authorized to do so by the FORWARDER.

     

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