Standard Trading Conditions - VIII. ACCEPTANCE, STORAGE AND FORWARDING OF GOODS

     

ART. 27. ACCEPTANCE:

  1. The FORWARDER accepts and delivers the goods by external appearance (by number of packages, type and condition of the packing) and by documents, without responsibility for the contents.
  2. The FORWARDER is not obliged to submit or to accept binding statements for the contents, weight, value and condition of the goods, or for any special interest in delivery; the usual acknowledgment of receipt issued by the FORWARDER is not a proof of those particulars.
  3. An exception from the provisions of Cl. (2) above may be made under special arrangement with the CUSTOMER, as well as when the latter request and pays for a verification of   the    contents, weight, condition or the declared value of the goods. The result of this check may be registered and then binds the FORWARDER , but even in this case the FORWARDER does not act as an Expert.
  4. An order to the FORWARDER to receive incoming goods authorizes him to disburse all charges due on delivery. In this case the FORWARDER is entitled to a separate remuneration for the advance payment made on behalf of the CUSTOMER.
  5. The goods are deemed to be accepted by the FORWARDER when the CUSTOMER (or any person acting on his behalf) delivers the goods to any person acting on behalf of the FORWARDER and such delivery is made in accordance with the instructions of the FORWARDER.  

ART. 28. The FORWARDER is obliged to inspect, maintain the condition of or repair the goods and their packing only under an express agreement with the CUSTOMER. If the goods reach the FORWARDER  in a visibly impaired condition, he must establish the damage, inform the CUSTOMER and maintain the latter's rights against the Carriers or the delivering person.

ART. 29. Weighing, sorting, marking labeling, packing and re-packing of the goods is undertaken by the FORWARDER only following an express order of and under special agreement with the CUSTOMER.

ART. 30. STORAGE OF GOODS

  1. When the FORWARDER acts as OPERATOR, the storage of goods, their acceptance into and delivery from a warehouse is undertaken subject to the STANDARD WAREHOUSING CONDITIONS OF THE BULGARIAN NATIONAL FORWARDING ASSOCIATION, unless otherwise agreed in writing.   
  2. Intermediate storage of goods undertaken before, after or during the course of transportation arranged by the FORWARDER is subject to the provisions of these STC and the liability of the FORWARDER for loss of or damage to the goods is limited in accordance with Art. 58, Cl.(3) below.   

ART. 31. FORWARDING OF THE GOODS

  1. Even if the CUSTOMER delivers the goods accompanied by a freight document, the FORWARDER is entitled to dispatch the goods under a new freight document showing the CUSTOMER and/or the FORWARDER as Consignor.
  2. The FORWARDER is not responsible for the dates of shipment and arrival of the goods and for their transit time.

ART. 32. The FORWARDER is not obliged to carry, store or handle the goods of the CUSTOMER separately from other goods.

ART. 33. UNSURMOUNTABLE FORCE:

  1. Events outside the control of the FORWARDER which obstruct partly or wholly the execution of his contractual duties absolve the FORWARDER from his obligations and liability under the affected forwarding order for the time-period during which such events last.
  2. Should such events occur, the FORWARDER is entitled to withdraw from the contract even if same has been partly executed, but in doing so he should exercise reasonable care to protect the interests of the CUSTOMER/OWNER. In the course of such events, the CUSTOMER is also entitled to terminate unilaterally the contract.
  3. In the circumstances stated in Cl. (1) and (2) above, the FORWARDER is entitled to receive compensation of the costs incurred up to this moment in respect of the forwarding order.

     

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