Cargo Terms & Conditions

Article 1

Definitions

For the purposes of these general conditions,:

1. Customer/contractor - any person with rights or obligations under a contract for the provision of freight forwarder services, concluded with a freight forwarder, or as a result of the company's activity in relation to such services;
2. Goods - any goods, including live animals, as well as containers, palettes or transport equipment, or packaging equipment, not supplied by the shipping company;
3. Dangerous goods - goods officially classified as such, as well as goods that are or may become or take on a dangerous, flammable, radioactive, or harmful nature;
4. Writing - any visually expressed mode of representation or words permanently, including letters, fax, telex, telegram, e-mail or other registration by electronic means;
5. Freight forwarder services - services of any kind relating to the transport, consolidation, deconsolidation, storage, handling, packaging, logistics and or distribution of goods, as well as ancomumty services and advisory services related to the shipment of goods, including the contracting of insurance and collection of reimbursements;
6. Forwarder - person who carries out a contract for the provision of freight forwarder services with a customer;
7. Carrier - person who carries out the transport of the goods to his own means of transport (effective carrier) or any person subject to the responsibility of the carrier for having assumed responsibility expressly or tacitly (contracting carrier).

Article 2

Scope

Any provision of services by the freight forwarder, which takes place in the context of the activity and the regime defined in its legal status, approved by Decree-Law No. 255/99 of July 7, shall be governed, unless otherwise agreed, by present general contractual agreements.

Article 3

Applicability

The forwarder shall provide its services in accordance with the customer's instructions, as agreed. In the absence of a written stipulation of different contractual conditions, the customer, whether to intervene or act as the possessor of the goods or goods, whether the façade, or not as an agent or representative of another, is constituted the freight forwarder in the laws and obligations that as these general conditions set out.

Article 4

Presentation of prices

1. Unless expressly stipulated to the contrary, the prices proposed by the freight forwarder do not cover duties, fees, taxes or fees that, as tax, customs, or other administrations, of an official nature cover, and only apply to loads whose nature, weight and dimensions considered normal for transport, in accordance with their current regulations.
2. The prices referred to in the preceding paragraph do not include in themselves as expenses and charges of standstill, storage, repair or other persons of persons destitution, unless they are expressly included in the conditions of the proposal and have not been, timely and formally, excluded by the customer.

Article 5

Price change

The prices established may be amended, provided that circumstances which change what were conditional as proposals appear, in particular:

1. Inaccuracy or subsequent change of the customer's indications regarding the content, weights, volumes and values of the things subject to the service, or the conditions of purchase and sale;
2. Forwarding by transport in a manner other than that proposed by the freight forwarder or interruptions of traffic on the planned routes, imposing the use of more costly means or routes;
3. delays or delays in the execution of services resulting from natural, political or other phenomena not attributable to the freight forwarder;
4. Modification of regulations, conventions, fees, schedules or tariffs;
5. Exchange rate changes.

Article 6

Price and condition review

As the unforeseen taxes which the freight forwarder has to make for reasons of force greater force, or fortuitous circumstances, in the performance and exercise of its duties, as well as to ensure the preservation or preservation of the goods or goods which are the subject of the contract, become legitimate and request the revision of the appropriate conditions.

Article 7

Validity of proposals

For the purposes of application and implementation of the contractual clauses, as tenders will be valid for the period of time indicated by the freight forwarder, expressly understood that, in the absence of such an indication, as they expire after 15 days on the data of the presentation of the respective presentation to the customer.

Article 8

Written instructions

1. The customer is a statement, in writing, and clearly, accurately and completely, as instructions and as specifications of the goods relating to the subject matter of each contract.
2. The forwarder, to the data of receipt of the instructions, shall, for its analysis, in order to verify its conformity with the services which have been committed to provide.

Article 9

Conference of Instructions

Upon receipt of the documents issued by the freight forwarder, the client must examine the affection and indicate the same errors or divergences, so that the freight forwarder can make, in time, as necessary corrections.

Article 10

Inadequate or insufficient instructions

1. If the documents or statements of customer errors occur, intanations, inadequacies or lack of indications necessary for the good execution of the party, in particular as to the nature, value, weight, measure or content of the things subject to the contract, falls on the entire client by the measure of such consequences.
2. If the freight forwarder is astonieuded by any anomalies or irregularities referred to in the preceding paragraph, from which liability and or damage to contractors or third parties may result, it shall immediately inform the customer so that such anomalies or irregularities can be addressed in a timely manner.
3. If irregularities or provisions of the preceding numbers are not seized in a time that allows the freight forwarder to perform the services that integrate as its duties, it shall be entitled to terminate the contract, or to give it execution in accordance with the contents and statements of the client, in which case, on account, all damages and lida that directly or indirectly result from such anomalies or irregularities.
4. In the case of goods subject to contract and purchase sale, the non-conformity of the customer's instructions with the conditions inherent in the contract referred to shall be the responsibility of the customer.

Article 11

Insufficient or unsuitable packaging

1. The customer's responsibility is the damage resulting from packaging or not appropriate.
2. At any time when, during the performance of the service, it is found that as packaging is damaged, it may be the shipping company to carry out necessary repairs of the customer's account, giving him prior knowledge, unless the repair of the does not permit.
3. A necessary justification should be made of this urgency.

Article 12

Dangerous goods

1. Unless accepted in writing, in each case, the forwarder shall not treat or transport dangerous goods or considered as such, or any other that may cause harm to third parties.
2. If some customers deliver goods to the company, which is not expressly accepted by the freight forwarder, it shall be liable for all losses or losses caused to the freight forwarder and or third parties and must indemnify all damages, expenses, fines or claims to which such goods give rise, and may be destroyed or traded under the control of the competent authority,   when this deemed convenient.

Article 13

Special conditions of delivery

The shipping company is only complying with special conditions of delivery of the goods and or collection of amounts if, having received from the customer express and written instructions to that effect, how to accept.

Article 14

Instructions on the movement of goods or goods

1. The freight forwarder may also promote other transactions on beplay of the contractor, in particular the collection or storage of the goods or goods, either in compliance with instructions received from this period in which his death, or as a result of interruptions or postponements of transport, and shall in any event immediately inform the same contractor.
2. In the absence of special instructions from the contractor, the freight forwarder shall use as means and means which it deems appropriate or for the forwarding of the goods or goods subject to the service which they have been entrusted with.

Article 15

Other obligations of the freight forwarder

The forwarder is obliged to promote procedures or formalities only with the competent authorities expressly expressly relying on his customer requests; in any case the freight forwarder shall not be liable for losses which may result from the rejection or desmoras of those entities or of weaknesses in the elements which, for that, have been provided to him by the customer.

Article 16

Grouping of goods

Unless expressly stated otherwise, the freight forwarder may transport as goods in the groupage system, even in conjunction with goods from different customers, and may use as rotations and means that best fit the interests of the cargo and the customer.

Article 17

Merchandise insurance

It is not for the freight forwarder to conclude any insurance contract intended to cover the risk of any damage suffered by goods or goods in the course of transport, the purpose of which and organisation against the community undertaking, unless it is expressly, timely and duly managed to do so, in particular as to the nature of the values and values to be insure.

Article 18

Refusal or lack of reception

If, for any reason, the recipient refuses to receive as the object of the service or ceases his activity, it is so beyond the account and responsibility of the contractor or of those who had enchanted the shipping company, how to continue to respond to him, for all the charges of the service and the possible merchandise of the goods.

Article 19

Payment Invoices

1. Failure to pay the invoice issued by the freight forwarder within a maximum of 15 days of the data of its presentation, unless otherwise expressed, the constitution in debit in the obligation to pay interest to the law.
2. In the event that there has been no provision and as invoices disbursements in foreign currency, it is subject to corrections resulting from exchange rate changes that may occur up to the payment data, as well as the bank charges arising from the transaction.

Article 20

Complaints against an invoice

Without prejudice to the obligation to pay in the above terms, the customer is entitled to make claims against such invoices or debit of notes of the freight forwarder, provided that the façade, reasoned, within 15 days from the data of the respective presentation.

Article 21

Provision

The freight forwarder may request provision from the customer whenever there is a place for the payment of freight, customs duties and other justified disbursements, on behest of the customer.

Article 22

Limitation of liability

1. The forwarder is liable to his client for non-compliance with his obligations, as well as for the obligations contracted by third parties with whom they have contracted.
2. The liability of the freight forwarder resulting from the contracts concluded shall be limited by amounts established, by law or convention, for the carrier to whom it is a material performance of the transport, unless it is agreed by the parties of another limit.
3. In any case the liability of the freight forwarder shall not exceed the actual value of the injury or the value of the goods or goods, if this for less.

Article 23

Lack of collection or removal of the goods

1. Without prejudice to the right to an appropriate storage fee or a fair one, it has reduced the damage caused, and the failure to withdraw or non-disposal of the goods entrusted to the freight forwarder is the basis for the resolution of the contract.
2. For the purposes of the preceding paragraph, the forwarding company shall notify the person concerned of the goods, informing him of all the conditions and the time limit for the withdrawal.

Article 24

Right of retention

Unless otherwise stipulated, as transit companies may exercise the right of retention on goods which have been entrusted as a result of their respective contracts, by the credits resulting therefrom.

Article 25

Prescription of the right desundo

The right to compensation resulting from the liability of the forwarding company expires within a period of 10 months from the date of completion of the provision of the contracted service.

Article 26

Competent forum

1. In the case of recourse to the courts, the forum chosen shall be that of the freight forwarder's place of business, with express resignation of any other.
2. Anoo, where the question or the provision of the services takes place in the delegation or subsidiary of the undertaking, the corresponding forum of the establishment shall have jurisdiction.

(Approved by APAT - Association of Freight Forwarders of Portugal, on October 22, 2000.)

(Applicable under Decree-Law No. 255/99 of July 7.)

(Communication in accordance with and for article 5 of Decree-Law No. 446/85 of 25 October.)