General Terms
Cermesoni International S.r.l. - General Terms and Conditions of Service
- Foreword
These General Conditions govern (unless otherwise expressly agreed in writing between the parties) the obligations arising out of the contractual relationships entered into by Cermesoni International S.r.l. (for short “Cermesoni” and/or “Operator”) and by acts or facts performed by employees, agents and proxies of the latter. These General Conditions also define, to the extent and in the manner provided for, the Operator’s liability and form an integral part of any contract concluded between the same and the Client, of any spot offer and/or verbal offer. They also apply to those assignments given to the Operator that are not preceded by a tender. By entrusting the assignment, the Client accepts our terms and conditions at the end of the quotation regardless of their signature. These Conditions are published in digital format (also in English) on the website at the following link https://www.cermesonigroup.com/it/condizioni-generali/
- Definitions
In these General Terms and Conditions the following terms have the meanings specified below:
- a) Freight forwarder: the party receiving the forwarding mandate for the conclusion, organisation and management of the contract of carriage and/or for the performance of one or more ancillary operations
- b) Freight forwarder-carrier: the party who materially performs all or part of the carriage, or expressly assumes (by ad hoc agreement) the performance thereof;
- c) Client: the person who gives the shipping mandate for the conclusion of the contract of carriage and/or the performance of one or more ancillary operations
- d) Sender: the party who is the sender or shipper under the contract of carriage concluded by the freight forwarder
- e) Carrier: the party that physically performs or assumes performance of the carriage. The term Freight forwarder shall also be understood to refer to the Freight forwarder-carrier, unless the provision distinguishes between the two. On the other hand, the term Freight forwarder-carrier shall always be understood as referring specifically and exclusively to the case of (b) above.
- Scope of application
The Client expressly accepts, both when acting on their own behalf and when acting for others in the conclusion of the contract of shipment and/or carriage, that these General Terms and Conditions have and shall have full and unconditional application to all contractual relationships with the Operator as well as to all actions and claims, also of an extra-contractual nature, against the latter.
- Assumption/acceptance of assignments
The Operator, by virtue of the mandate received, as a rule in writing, shall enter into the contract of carriage as well as carry out the ancillary operations, acting with the necessary discretion, with the right to carry out, unless otherwise expressly accepted in writing, the shipment of the goods by grouping them with other goods, always acting with the utmost diligence, being able to act, in relation to the specific assignment, as freight forwarder or Carrier or even as Freight forwarder-carrier. The Operator shall not, without prior written agreement, accept the carrying out of shipping and/or transport activities relating to dangerous goods, which may cause harm to persons, animals, other goods or things, or are subject to deterioration, are unpacked or have insufficient/inadequate packaging, as well as valuables, coins, precious goods, works of art. By way of non-exhaustive example, dangerous goods are defined as goods classified as hazardous by IATA, IMO, ICAO, or covered by ADR/RID regulations. If such goods are entrusted to the Operator without the Operator’s prior consent, or if the Operator accepts the order on the basis of incorrect, incomplete or untrue information about the nature or value of the goods, the Operator has the right to terminate the contract or, if circumstances so require, to refuse, deposit or otherwise dispose of the goods, or even, in the event of danger, to destroy them, and the Client and/or the Shipper shall then be liable for all consequent damages and expenses of any kind that may arise.
- Delivery terms
Unless otherwise agreed upon in writing, delivery terms are to be understood as indicative, and therefore, the Operator cannot be held liable under any circumstances for delays in pick-up and transport and/or delivery irrespective of the cause of such delays or of the Client’s requests for particular delivery terms even if they result from the documents enclosed with the shipment.
- Declarations and guarantees of the Client/Sender
The Client and the Sender guarantee and therefore declare:
- that the individual service requested has been correctly and accurately described in all transport documents;
- that the nature of the goods, the number, quantity, quality, content of the packages, gross weight (including the weight of packages and pallets and the overall sizes of the same), dimensions and any other information provided are true and correct;
- that the packaging and labelling used, in relation to the goods contained and the mode of transport, are deemed suitable. The Client and the Sender expressly declare to indemnify and hold the Operator harmless from any damage, claim or expense of any kind that may arise from the breach of the aforementioned guarantees, as well as from the lack, insufficiency or inadequacy of packaging, or from the failure to indicate on the goods and packages the necessary precautions for their handling and lifting. If the Operator is mandated to carry out and take care of customs operations, the Client and/or the Sender guarantee that the documentation accompanying the goods is authentic, complete and free of irregularities and that the goods strictly correspond to the described type, comply with the applicable regulations, are of free export/import and are in conformity with the marking. The Client and/or Sender shall also be obliged to provide in a timely manner all information, data, customs codes, headings and customs classification of the goods and all documents necessary to carry out customs operations. Furthermore, the Client and/or the Sender authorise the Operator to manage all the shipment data, including any data that may be of a sensitive nature, in order to allow the Operator to carry out all the administrative and/or operational procedures that may have to be fulfilled electronically in order to ensure that the service is provided with the best possible assistance.
- Operator quotations and payment terms
The Operator’s quotations and agreements on prices and conditions, which shall be formalised from time to time, refer only and always to specified services and do not include, unless otherwise agreed, any additional costs resulting from operations performed outside normal working hours or not previously foreseeable. Unless otherwise agreed, they shall only be binding for goods of normal volume, size, weight and quality in relation to the intended mode of transport.
The transport fees shall be paid against presentation of a regular tax document within 60 days from the date of issue of the invoice to the account that the Operator shall indicate. All customs duties must be paid in advance.
The granting of the assignment by the Client and/or Sender shall be deemed irrevocable from the moment of confirmation and consequently entails:
- Payment of the agreed fee even if the Client and/or Sender intend to withdraw the order from the Operator within the following 24 hours; in this case, if the Operator proves its obligation to pay the airline company, the Client and/or Sender will be required to reimburse the Operator for the equivalent amount paid;
- The reimbursement in favour of the Operator of further sums resulting from any price fluctuations with respect to the original quotation communicated by the Operator to the Client and/or Sender, and accepted by the latter, deriving from any determination by the airline; regardless of the conduct of the Client and/or Sender regardless of the behaviour of the Client and/or Sender, and notwithstanding any exception, any additional price charged for any reason by the airline shall be paid by the Client and/or Sender in favour of the Operator.
- Operator Advances and Credits
If, as a result of the existing agreements, the Operator makes an advance payment for freight, carriage charges, container hire, duties and expenses and other sums, for any reason whatsoever, the Client and/or the Sender are obliged to pay the amount due for such advance payment, interest for any delays and any losses due to changes in the exchange rate between currencies. The Client and/or the Sender shall be bound to fully indemnify the Operator against claims for freight, duties, taxes, breakage fees, fines or other sums howsoever claimed from the same. If the sums and fees due to the Operator are charged to the consignee or to third parties, the Client and/or the Sender remain obliged to pay them immediately if for any reason the Operator does not receive prompt and spontaneous payment of the sums due to it. Unless otherwise agreed, no sum due to the Operator may be set off against any other sum claimed by the Sender and/or Client for any reason whatsoever.
- Right of retention
The Operator has, vis-à-vis the Client, the Sender and any other party with whom it contracts, a lien and a right of retention on the goods and other assets in its possession in connection with past due or overdue debts, and may also claim this right vis-à-vis the consignee and/or owner of the goods.
- Operational exceptions: delay or refusal to load or receive goods
The Sender and/or the Client are obliged to reimburse and hold the Operator harmless in respect of any sum or cost due, including those for demurrages of the means of transport, including containers, swap bodies and the like, for the return of the goods to the warehouse, for storage and subsequent redelivery. In the event of the consignee’s refusal or unavailability, the Operator, if promptly informed of the consignment and entitled to intervene, may take the necessary or appropriate measures for the safekeeping of the goods and their return, acting in the name and on behalf of the Client and/or the Sender, on whom the risk of any loss, damage or misappropriation shall be borne.
- Responsibility
11.1 The Operator acting as freight forwarder is not liable for the performance of the carriage but only for the performance of the mandate received, as well as for any ancillary obligations.
11.2 The Operator’s liability, when acting as Freight forwarder-carrier or Carrier, when accepted and attributable to it, in relation to any damage and claim arising from the shipping and/or transport operations entrusted, including any technical stoppages shall not exceed the limit of indemnity that can be invoked by the Freight forwarder and/or carrier under and by effect of the uniform legislation applicable to each individual shipment or of the national law applicable to the individual transport and/or shipment, including Italian law, and in any case the limit of indemnity applicable and invocable by the carrier that actually performs the carriage. Technical stoppage means the stopping of the goods in a depot, or in a warehouse or terminal or in another storage area, for reasons connected with the performance or continuation of the carriage, or in any case connected with the need to keep the goods in storage during the carriage or pending delivery to the carrier or consignee.
- Damage occurring on an unknown route
In the event that it is impossible to identify the part of the transport in which the damage or loss occurred, as well as in the event that the damage or loss occurs during a storage and/or warehousing phase that is not a technical stopover (therefore including free or courtesy warehousing) carried out by the Operator using its own facilities or by its auxiliaries, or if the warehouse keeper or auxiliary in the storage and/or handling phase cannot invoke compensation limits, the maximum limit of Art. 1696 of the Civil Code shall apply.
- Indirect damage
It is in any case excluded, and this is also provided in derogation of Articles 1223 et seq. of the Civil Code, any compensation due by the Operator for indirect damages (such as, by way of example only and in no way exhaustive: loss of profit, loss of interest or damages deriving from delays in the execution of the transport). In particular, for shipments of samples and of goods or merchandise that the client or sender has expressly indicated as being intended for trade fairs, exhibitions, events and the like, the compensation (if any) is limited to the agreed freight amount.
- Claims
Any claim for loss, wrong delivery, breakdown or damage must be made in writing and sent to the Operator peremptorily within the deadlines applicable by virtue of the uniform or statutory regulations referred to in Article 11.
- Insurance
If the Client intends to insure the risk of damage to or loss of the goods, they shall mandate the Freight forwarder to take out insurance coverage on their behalf. The costs of the aforementioned cover will in that case be specified in the Freight forwarder’s quotation. In the absence of express instructions from the Client, any cover, if required, shall be taken out only for ordinary risks, in the usual forms of insurance for the account of others or by subscription. Under no circumstances may the Operator be regarded as an insurer or co-insurer. Alternatively, the Client may arrange for the shipment and/or transport to be insured directly. The Operator is not obliged to act to obtain insurance indemnity, to interrupt the statute of limitations, to take care of the performance of the expert’s activities, unless the Client so instructs in return for a fee to be agreed ad hoc.
- Force majeure
The Operator shall under no circumstances be liable for losses, damages, delays, incorrect or non-deliveries caused by fortuitous events, by cases of exemption provided for in the uniform or statutory regulations referred to in Article 11, and in any case by circumstances beyond its control. These include, but are not limited to: a) natural disasters b) force majeure such as wars, accidents/damage to means of transport or embargoes, riots or civil unrest; c) defects, inherent characteristics or flaws in the goods; d) acts, defaults or omissions of the Sender, the Consignee or any other party with an interest in the shipment, the State, Customs or Postal Administration or other competent Authority; e) strikes, lockouts or labour conflicts; f) epidemics and pandemics.
- Place of jurisdiction
Any disputes that may arise between the parties in connection with this contract shall be subject to Italian jurisdiction and the exclusive competence of the court of Busto Arsizio (Italy).
CERMESONI GROUP S.R.L.
Centro Operativo e Direzionale:
Via per Busto Arsizio, 70
21054 Fagnano Olona (Varese) Italy
Tel. +39 0331 616911
info@cermesonigroup.com
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