A Logistics Ltd

GENERAL TERMS AND CONDITIONS FOR FREIGHT FORWARDING BY ROAD OF GOODS AND CARGO

I. DEFINITIONS ART. 1. For the purposes of these General Terms and Conditions, the following definitions shall apply:

1. The "FREIGHT FORWARDER" is „A LOGISTICS“ Ltd.
2. "CLIENT" means any person on whose account and/or for whose benefit and/or upon whose instructions the FREIGHT FORWARDER performs legal and/or factual acts under these General Terms and Conditions.
3. "PARTIES" – the CLIENT and/or the FREIGHT FORWARDER and/or the OWNER.
4. "OWNER" means any person holding lawful rights over the goods and/or their packaging.
5. "CONTRACTOR” means a Carrier, Transshipment Contractor, Warehouse Operator or another person who, upon instructions from the FREIGHT FORWARDER, performs legal and/or factual acts under these General Terms and Conditions.
6. "PERSON" means any natural or legal person, as well as their legal representatives and authorised agents, and also the authorities, bodies and institutions.
7. "GOODS" or "CARGO" means an item or a collection of items whose carriage (together with the related accompanying legal and factual acts) is the subject of a contract of carriage/freight forwarding. This term also includes any packaging, container or equipment intended to protect the cargo during its transport, handling and storage.
8. "DANGEROUS CARGO" means cargo/goods whose storage, handling or transport is regulated as hazardous under the legislation of the country of dispatch, the destination country or transit countries, and/or under the applicable international regulations.
9. "TRANSPORT UNITS" means containers, goods vehicles, trailers and semi-trailers, railway wagons, tanks, pallets and all other equipment specially designed for road transport.
10. "HANDLING" means the physical operations organised
and/or carried out by the FREIGHT FORWARDER in relation to the cargo/goods, including: unloading, loading, arranging, securing, packing, counting, weighing, etc.
11. "INSTRUCTIONS" means all requirements stipulated by the CLIENT in the contract and accepted for performance by the FREIGHT FORWARDER.
12. "FREIGHT FORWARDING DOCUMENT" means any document issued in the name and on behalf of the FREIGHT FORWARDER and covering the carriage, storage or handling of goods/cargo, including a consignment note, bills of lading or another transport document and warehouse receipt.

II. SUBJECT MATTER AND SCOPE

ART. 2. These General Terms and Conditions regulate the rules under which „A LOGISTICS“ Ltd, hereinafter referred to as the "FREIGHT FORWARDER” or the „TRADER", provides freight forwarding services for remuneration and performs the related legal and/or factual acts and transactions concerning the road transport of goods and cargo.

ART. 3. These General Terms and Conditions shall take effect between the PARTIES only after they have been accepted by them and provided to them, and solely as an integral part of a written freight forwarding contract.

III. RIGHTS AND OBLIGATIONS OF THE PARTIES

ART. 4. RIGHTS AND OBLIGATIONS OF THE CLIENT

4.1. RIGHTS OF THE CLIENT UPON HANDOVER OF THE CARGO
4.1.1. The CLIENT shall have the right to issue additional instructions to the FREIGHT FORWARDER in relation to the cargo at any time during performance of the contract. For the instructions to be deemed issued in connection with the contract, they must be provided to the FREIGHT FORWARDER in the same legally valid form in which the CONTRACT was concluded.
4.1.2. The CLIENT shall have the right to receive timely information from the FREIGHT FORWARDER if any obstacles arise to the performance of the CONTRACT within the specified period.
4.1.3. The CLIENT shall have the right to agree with the FREIGHT FORWARDER the conditions under which the latter shall inspect and maintain
the condition of the goods and their packaging and carry out repairs to them.
4.1.4. At any time during performance of the CONTRACT, the CLIENT shall have the right to withdraw its instructions or any part thereof. In such circumstances, the FREIGHT FORWARDER shall be entitled to receive the remuneration agreed in the CONTRACT, as well as reimbursement of the expenses incurred in connection with performance of the CONTRACT, unless it is proven that the instructions were withdrawn due to the fault of the FREIGHT FORWARDER.
4.2. RIGHTS OF THE CLIENT UPON UNLOADING OF THE CARGO
4.2.1. If any shortages or damage are identified during unloading, the CLIENT shall have the right to make a claim. All losses arising from shortages, damage or other causes must be documented in a report signed by both a representative of the RECIPIENT and the FREIGHT FORWARDER immediately after the events giving rise to the claim become known to the affected party, but no later than:
1. acceptance of the goods by the Recipient in the event of apparent shortages and damage to the goods;
2. 5 (five) days after delivery in the event of concealed shortages and damage to the goods;
3. 20 (twenty) days after the agreed or customary delivery period in the event of delayed delivery or non-delivery of the goods;
4. 30 (thirty) days after the event in all other cases.
If the time limits and procedures described in this clause are not observed, it shall be presumed, until proven otherwise, that the shortages, damage and losses occurred after the goods were handed over by the FREIGHT FORWARDER.

4.3. OBLIGATIONS OF THE CLIENT

4.3.1. The CLIENT shall pay all its financial obligations to the FREIGHT FORWARDER in good faith, accurately and on time, regardless of whether these constitute remuneration, compensation or a contractual penalty. The PARTIES agree that every financial obligation of the CLIENT under the contract shall become due within three days from the date on which the FREIGHT FORWARDER issues an invoice, without prejudice to the CLIENT’s right to raise objections or claims in respect of a breach of contract by the FREIGHT FORWARDER.
4.3.2. The CLIENT shall ensure that the cargo is handed over to the FREIGHT FORWARDER or its representative in suitable packaging and with detailed instructions, which shall include at least an indication that the goods are dangerous, where applicable; the special requirements for carriage of the goods (temperature, fragility, etc.); the contents of the cargo; an indication of any special customs procedures to which the cargo is subject when passing through the territory of particular countries along the planned route; and any other special instructions and requirements. If the absence of suitable packaging and/or instructions makes it impossible for the FREIGHT FORWARDER to perform the contract, whether in whole or in part, the latter shall have the right to terminate the CONTRACT unilaterally and without notice and to receive the full amount of its remuneration, including the right to dispose of the cargo as it sees fit.

ART. 5 RIGHTS AND OBLIGATIONS OF THE FREIGHT FORWARDER

5.1. RIGHTS OF THE FREIGHT FORWARDER UPON RECEIPT OF THE CARGO
5.1.1. The FREIGHT FORWARDER shall have the right to receive the cargo packaged and accompanied by instructions in accordance with Art. 4, clause 4.3.2. above.
5.1.2. In the event of changes in the cost price of the cargo that are beyond its control, the FREIGHT FORWARDER, by virtue of the other party’s acceptance of these General Terms and Conditions, shall be deemed authorised by that party to enter into transactions related to performance of the contract between them at such prices and on such terms as it considers appropriate, without the CLIENT having to be notified in advance. The FREIGHT FORWARDER shall also be entitled to claim reimbursement of additional expenses incurred that are not included in the price under the contract.
5.1.3. The FREIGHT FORWARDER shall accept the cargo by inspecting only its packaging. Any document signed in connection with the handover of the goods by the CLIENT shall constitute solely a declaration by the CLIENT concerning the contents and distinguishing characteristics of the cargo and shall not bind the FREIGHT FORWARDER in any way. If there is any discrepancy between the contents declared by the CLIENT and the actual contents of the cargo and this causes loss to the FREIGHT FORWARDER, the latter shall be entitled to compensation for all direct and immediate losses
arising from that circumstance, and shall also have the right to terminate the CONTRACT unilaterally and without notice and to receive the full amount of its remuneration, including the right to dispose of the cargo as it sees fit.
5.1.4. At any time during performance of the contract, the FREIGHT FORWARDER shall have the right to request instructions from the CLIENT if particular unforeseen events arise. If these instructions are not provided within three days of being requested, the PARTIES shall deem that the CLIENT has abandoned the cargo, and the FREIGHT FORWARDER shall have the right to terminate the CONTRACT unilaterally and without notice and to receive the full amount of its remuneration, including the right to dispose of the cargo as it sees fit.

5.2. RIGHTS OF THE FREIGHT FORWARDER UPON UNLOADING OF THE CARGO

5.2.1. The FREIGHT FORWARDER shall have the right to hand over the cargo to any employee and/or authorised representative of the CLIENT/RECIPIENT whom it finds at the address specified by the CLIENT for unloading the cargo. If no employee and/or authorised representative of the CLIENT/RECIPIENT is found at the unloading address, the FREIGHT FORWARDER shall have the right to terminate the CONTRACT unilaterally and without notice and to receive the full amount of its remuneration, including the right to dispose of the cargo as it sees fit.
5.2.2. If the CLIENT/RECIPIENT refuses to accept the cargo without valid reason, the PARTIES shall deem that the CLIENT has abandoned the cargo, and the FREIGHT FORWARDER shall have the right to terminate the CONTRACT unilaterally and without notice, including the right to receive the full amount of its remuneration and the right to dispose of the cargo as it sees fit.

5.3. OBLIGATIONS OF THE FREIGHT FORWARDER

5.3.1. The FREIGHT FORWARDER shall perform the activities and services under the transactions it has concluded with the care of a prudent trader and within a reasonable period.
5.3.2. The FREIGHT FORWARDER shall take reasonable measures to comply with the CLIENT’s instructions, shall notify the CLIENT if it considers those instructions insufficient or impossible to perform, and may deviate from the CLIENT’s instructions where necessary to protect the CLIENT’s interests.
5.3.3. Acting within the scope of its professional knowledge and with due regard for the CLIENT’s interests, the FREIGHT FORWARDER shall notify the CLIENT in advance of any obstacles to performance of the freight forwarding order.
5.3.4. If the FREIGHT FORWARDER becomes aware of any circumstances preventing performance of the agreed obligations, it shall inform the CLIENT and request additional instructions.
5.3.5. The FREIGHT FORWARDER shall comply with all instructions from the CLIENT of which it has been duly notified. If such instructions result in additional costs under the contract and are issued by the CLIENT after the cargo has been handed over to the FREIGHT FORWARDER, the latter shall be required to comply with them provided that the additional costs have been paid in advance.

ART. 6 FORCE MAJEURE. FORTUITOUS EVENT.

6.1. Events beyond the control of the FREIGHT FORWARDER that partially or wholly prevent performance of its contractual obligations shall release it from its obligations and liability under the relevant freight forwarding contract for the duration of those events. In all circumstances, the FREIGHT FORWARDER shall notify the CLIENT of the occurrence of such events no later than one week from the date on which they became known to it.
6.2. In the circumstances described above, the FREIGHT FORWARDER shall have the right to terminate the contract, even where it has been partially performed, while taking reasonable care to protect the interests of the CLIENT/OWNER.

IV. LIABILITIES AND CONTRACTUAL PENALTIES

ART. 7 In the event of delay in performance of the CONTRACT due to the fault of the FREIGHT FORWARDER, the latter shall owe the CLIENT a contractual penalty of
200 leva for each day of delay, but no more than 50 % of the freight charge.

ART. 8 In the event of delay in the payment of any fixed and due financial obligation of the CLIENT to the FREIGHT FORWARDER, the former shall owe a contractual penalty of 200 leva for each day of delay. This right shall not be excluded where the FREIGHT FORWARDER has exercised its right to terminate the CONTRACT unilaterally and without notice and to receive the full amount of its remuneration, including the right to dispose of the cargo as it sees fit.

ART. 9 Apart from the circumstances set out above, each party shall compensate the other for all direct and immediate losses suffered as a result of a breach of contract.

V. SECURITY

ART. 10 By signing the CONTRACT, the natural person who has signed it on behalf of the CLIENT provides a personal guarantee for the proper performance of all the CLIENT’s obligations arising from the CONTRACT.

VI. SPECIAL AUTHORISATIONS

ART. 11 When performing the legal and factual acts that are the subject of these General Terms and Conditions, and where applicable, the FREIGHT FORWARDER may act in the capacity of:
11.1. AUTHORISED AGENT – in the name and on behalf of the CLIENT and/or OWNER
11.2. COMMERCIAL REPRESENTATIVE – in its own name, but on behalf of the CLIENT and/or OWNER.
11.3. OPERATOR – in its own name and on its own behalf.

ART. 12. For the purposes of the CONTRACT, upon signing the CONTRACT, the CLIENT/OWNER shall provide the FREIGHT FORWARDER with all authorisations necessary for its performance. In the event of failure to fulfil this obligation, the FREIGHT FORWARDER shall have the right to
terminate the CONTRACT unilaterally and without notice and to receive the full amount of its remuneration, including the right to dispose of the cargo as it sees fit.

VII. APPLICABLE LAW

ART. 13. By accepting these General Terms and Conditions, the PARTIES agree that their relations concerning the conclusion, performance, non-performance and termination of this CONTRACT, as well as all other matters relating to non-contractual compensation, shall be governed exclusively by Bulgarian law.

ART. 14. All disputes arising from or relating to this contract, including disputes arising from or relating to its interpretation, cancellation, performance or termination, which cannot be resolved through negotiation, as well as disputes concerning the supplementation of or omissions in the contract or its adaptation in light of newly arising circumstances, shall be resolved by arbitrator Lyubomir Kirilov Chakalov, Personal Identification Number 8611215780, with address: Sofia, „Krastyo Sarafov“ Street, No. 40, floor 2, flat 4