- Interest of the principal and due care
PAX Transport shall act in the interest of his principal and fulfill his duties with due care.
- Area of application
PAX Transport Standard Terms and Conditions apply to all contracts for the transportation of goods, irrespective of whether they concern freight forwarding, carriage, warehousing or other services common to the forwarding trade; these also include logistical services commonly provided by PAX Transport in connection with the carriage or storage of goods.
In the case of forwarding services PAX Transport is only responsible for arranging the necessary contracts required for the performance of these services, unless other legal provisions take precedence.
PAX Transport Standard Terms and Conditions are not applicable for contracts that deal exclusively with
- The carriage of removal goods and their storage;
- Crane lifting, assembly jobs or heavy lift and high volume transports, except for normal transshipment services of PAX Transport;
- The carriage and storage of goods to be towed or salvaged.
PAX Transport Standard Terms and Conditions are not applicable for transport contracts with consumers. Consumers are natural persons concluding the contract for reasons other than commercial or in pursuit of their professional activities.
If trade customs or legal provisions differ from PAX Transport Standard Terms and Conditions, PAX Transport Standard Terms and Conditions take precedence unless these legal provisions are mandatory. For contracts of carriage by air, sea, inland waterways or for multi-modal transports different contractual arrangements may be made in accordance with the terms of carriage devised for these transports.
PAX Transport and its authorized agents are authorized to agree to normal standard terms and conditions of third parties.
In the relationship between a principal PAX Transport and an intermediate PAX Transport, PAX Transport Standard Terms and Conditions are deemed to be the general terms and conditions of the intermediate PAX Transport.
- Instructions, transmission errors, contents, special type of goods
Forwarding instructions, other instructions, directives and communications are valid even if given informally. Subsequent modifications must be specifically identifiable as being amendments.
The burden of proof for the correct and complete transmission lies with the party referring to it.
If statements must be made in writing, they are deemed to having been made in writing when using electronic data communication or any other machine readable form for as long as the originator of the message is identifiable.
The principal must inform PAX Transport, at the time of giving the instructions that the transport contract concerns:
- Dangerous goods
- Live animals and plants
- Valuable goods and goods with an inherent risk of theft
The principal must specify in his instructions addresses, marks, numbers, quantity, nature and contents of the packages as well as declaring the properties of the goods, as required in the previous paragraph, the goods value for insurance purposes and any other information relevant for the proper execution of the forwarding instructions.
In the case of dangerous goods, the principal must inform PAX Transport in writing -at the time of giving the instructions -of the exact nature of the hazard and, if appropriate, about precautionary measures. In the case of dangerous goods subject to the law for the carriage of dangerous goods or other goods, the carriage of which is subject to specific regulations regarding dangerous goods, their handling or their disposal, the principal has to make the necessary declarations required for the proper execution of the forwarding instruction, especially the classification in accordance with the regulations for dangerous goods. PAX Transport reserves the right to refuse dangerous goods shipments without assigning any reasons thereof.
The principal must inform PAX Transport about particularly valuable goods or goods with an inherent risk of theft (e.g., cash, precious metals, jewellery, clocks and watches, precious stones, works of art, antiquities, bank or credit cards, valid telephone cards or other means of payment, bonds, shares and similar, foreign currencies, documents, spirits, tobacco, entertainment electronics, telecommunications devices and accessories) and goods with an actual value of $ 50 per kg or more well in advance to allow PAX Transport to decide about acceptance of the goods and to take measures for a safe and secure execution of the forwarding job.
If a forwarding instruction does not comply with the terms stated in this section, PAX Transport has the option to
- Refuse acceptance of the goods
- Return goods already accepted or to make them available for collection
- Ship, transport or store them without the need to notify the principal and to charge an extra, appropriate fee, if the safe and secure execution of the instruction causes extra costs.
PAX Transport is not obliged to check or supplement the statements made regarding this section.
PAX Transport is not obliged to check the authenticity of signatures on any messages or documents relating to goods, nor to check the authority of the signatories, unless there exist reasonable doubts concerning the authenticity or authority.
- Packaging, provision of loading and packaging aids, weighing and checking
Unless specifically stated, the forwarding instruction does not cover
- the packaging of the goods;
- the weighing, checking, measures to preserve or enhance the goods and its packaging, unless this is customary for this kind of transaction;
- the provision or exchange of pallets or other loading or packaging aids. If they are not swapped one-for-one, they are only picked up as part of a new forwarding instruction.
This does not apply if the exchange is intentionally not carried out by PAX Transport.
These services are charged for separately.
- Customs clearance
The instruction for shipment to a destination in another country includes instructions for customs clearance, if this is necessary for arranging the transport to the place of destination.
PAX Transport is not responsible for the custom clearance of the goods, unless instructed and paid for by the principle.
PAX Transport is entitled to an extra fee for the customs clearance, over and above the actual costs incurred.
The instruction to forward bond goods or to deliver them free house, authorizes PAX Transport to affect the customs clearance and to advance customs and excise duties and fees.
- Packaging and marking obligation of the principal
The packages have to be clearly and durably marked by the principal to facilitate their proper handling, e.g. addresses, marks, numbers, symbols for handling and properties; old marks must be removed or made illegible.
In addition, the principal is under obligation:
- to mark all packages belonging to the same consignment in such a way that they are easily recognized as forming one consignment;
- to prepare packages in such a way that they may not be accessed without leaving visible trace (adhesive tape, bands, etc. are only permissible when they are individually designed or otherwise difficult to imitate; foil wrapping must be thermally sealed);
- in case of a consignment being part of a forwarders consolidation, to group the individual packages or units of this consignment into larger units if their strap length (largest circumference plus longest side) is less than 1 meter;
- to combine a consignment of hanging garments consisting of several individual units into wrapped units for easier handling;
- to mark packing units with a gross weight of at least 1,000 kilograms with the weight specification as prescribed for heavy loads to be transported by ship. If possible in the area of operation.
Packages are single packages or units of packages, formed by the principal for the purpose of being carried according to the forwarding instruction, e.g., boxes, wire boxes, pallets, handling units, enclosed loading units such as covered wagons, wagons with tarpaulin covers, semi-trailers, swap bodies, containers or igloos.
If the packages do not comply with the terms above, section 3 shall apply.
- Supervisory duties of PAX Transport
At specific interfaces PAX Transport is under the obligation to:
- Check packages regarding their quantity, identity and apparent good order and whether seals and fastenings are intact;
- Document irregularities (e.g. in the accompanying document or by special notification
An interface is any point at which the responsibility for the packages is passed on to another operator/agent or the handing over point at the end of each stage of the transportation process.
Upon request by the principal, PAX Transport shall issue a certificate of receipt. With this certificate PAX Transport confirms the quantity and type of packages, but not their contents, value or weight. In the case of bulk goods, full loads and such like the certificate of receipt does not state the gross weight or any other description of the quantity of the goods.
As proof of delivery PAX Transport requests from the consignee a receipt of the packages as named in the forwarding instruction or other accompanying transport documents. Should the consignee refuse to sign for the receipt of the goods, PAX Transport must request further instructions. If the goods have already been unloaded at the consignee, PAX Transport is entitled to regain possession.
An instruction remains valid for PAX Transport until revoked by the principal.
In the case of insufficient or impractical instructions PAX Transport may use his professional judgment.
An instruction to hold goods at the disposal of a third party can no longer be revoked after instructions from the third party have been received by PAX Transport.
- Freight payment, cash on delivery
The statement by the principal that the instruction is to be executed freight unpaid or that the costs are to be paid by the consignee or a third party does not affect his liability for payment of all charges.
The previous statement does not concern cash on delivery instructions.
In the absence of specific agreements, neither loading or delivery deadlines are guaranteed, nor the sequence of the handling of goods of the same means of transport.
This does not affect PAX Transport statutory liability with regard to missing deadlines.
Obstacles beyond PAX Transport control relieve him, for their duration, from the duties that are affected by these obstacles. In the case of such obstacles, PAX Transport or the principal have the right to withdraw from the contract even if it has already been partially performed. If PAX Transport or the principal withdraws from the contract, PAX Transport is entitled to the costs which he deemed to be necessary to be incurred or which were incurred in the interest of the principal.
PAX Transport is only obliged within the framework of his ordinary professional care to advise the principal about legal or official restrictions concerning the shipment (e.g., import/export restrictions). If, however, PAX Transport, through public statements or in the course of negotiations, created the impression that he has expert knowledge about specific circumstances, he has to act appropriately to this knowledge and expertise.
Governmental and/or official acts beyond PAX Transport control do not affect the rights of PAX Transport towards his principal; the principal is liable towards PAX Transport for all claims arising out of such acts. Claims of PAX Transport against the state or third parties are not affected.
Delivery is deemed to have been affected when the goods are handed over to any person present on the premises of the consignee, unless there are apparent reasonable doubts about their authority to receive goods on behalf of the consignee.
- Right to information
PAX Transport is obliged to provide the principal with all necessary information, to inform him, upon request, about the status of the transaction and to provide information about all transactions so far, however, he is only obliged to reveal the costs incurred if he acted in the name of the principal.
PAX Transport is obliged to pass everything he receives/obtains while acting for him to the principal.
The choice of warehousing location (own or third party) is with PAX Transport.
Access to the warehouse is only granted to the principal during the normal working hours of PAX Transport and in his company. However, access can be denied without assigning any reasons thereof.
If the principal handles the goods (e.g. sample taking) PAX Transport may demand that the number, the weight and the status of the goods be inspected together with the principal. If the principal does not agree to this, PAX Transport is not liable for damage discovered later, unless the damage was clearly not caused by such handling of the goods. The principal is liable for all damage caused by him or his staff or agents to PAX Transport, other warehouse clients or third parties whilst on the premises of the warehouse, unless he, his staff or agents are not responsible for such damage.
In case of inventory discrepancies, PAX Transport is entitled to balance shortages and surpluses of the same principal.
If PAX Transport has reasonable doubt about the security of his claim upon the value of the goods he is entitled to set a reasonable time limit for the principal to either secure the claims of PAX Transport or to make alternative provisions for the storage of the goods. If the principal does not comply with this, PAX Transport is entitled to terminate the contract without further notice.
- Offers and Payment
Offers from PAX Transport and agreements with him regarding price and services always refer to specified own services or those of third parties, and to goods of normal size, weight and nature; they presume normal unfettered transport situations, unimpeded access, the possibility of immediate on-shipment and that freight rates, exchange rates and tariffs upon which the quotation was based remain valid, unless changes could be foreseen under the current circumstances. The note "plus the usual ancillary charges" entitles PAX Transport to charge for supplements and surcharges.
All quotations made by PAX Transport are valid only for immediate acceptance and immediate execution of the relevant task, unless otherwise specified in the quotation, and when the instructions refer to the quotation.
In case of a COD-or other collection instruction being withdrawn retrospectively or if the money is not paid, the forwarder is still entitled to his collection fee.
If the consignee refuses to accept a consignment destined for him or, if the delivery is impossible for reasons beyond the control of PAX Transport, PAX Transport is entitled to the cartage charges for the return of the consignment. For COD (if accepted) the shipper must expressly declare in writing that in the event of non receipt of payment, goods will not be delivered until and unless payment is received. The responsibility of the payment is of the shipper only. If there are any losses or damages due to the delay in delivery due to non payment, PAX Transport will not be responsible under any circumstances.
- Disbursements of PAX Transport, exemption from third party claims
PAX Transport is entitled to reimbursement for outlays which he could reasonably consider appropriate.
The instruction to accept incoming consignments entitles PAX Transport – but does not oblige him – to advance freight, COD-sums, duties, taxes and other dues in connection with such consignments.
The principal has to relieve PAX Transport immediately of demands regarding freight, average demands, customs duties, taxes or other dues directed against PAX Transport as being agent for or possessor of the goods owned by third parties, when PAX Transport is not responsible for such payments. PAX Transport is entitled to take reasonable measures appropriate to protect him. If the circumstances do not require immediate action, PAX Transport must request instructions from his principal.
The principal must inform PAX Transport in an appropriate way about all public/legal obligations, e.g. regarding customs regulations or trademark obligations, arising from the possession of the goods, unless it may reasonably be deduced from the quotation of PAX Transport that he is aware of such obligations.
- Invoices, foreign currencies
PAX Transport' invoices are due immediately or otherwise if agreed per quotation submitted.
The payment is accepted in local currency unless either parties agree to another currency or it is agreeable to pay in a 3rd currency i.e. US$.
If he demands payment in Afghan currency, the current exchange rate will be used; unless it can be proven that a different rate of exchange must be used or was used.
Claims arising out of the forwarding contract and other related claims may only be set off against counter claims, if these are undisputed. For claims that are not classified, the maximum liability of PAX Transport is US$100/- (US$ One Hundred Only)
- Lien and retention
PAX Transport has a lien on all goods in his possession or other valuables in connection with any claim, whether due or not for any services for his principal in accordance with section 2.This lien does not exceed the general legal lien which applies.
PAX Transport may exercise his lien for claims arising out of other contracts with the principal only if they are undisputed or if the financial situation of the debtor puts the claims of PAX Transport at risk without time limit.
If the principal is in arrears, PAX Transport is entitled, after due notice, to sell such a portion of the principal's goods in his possession as is necessary, after appropriate consideration, to meet his claims.
PAX Transport is entitled to the usual sales commission on the net proceeds of the sale when exercising his lien.
- Insurance of the goods
It is the prime responsibility of the shipper to take insurance for his goods. PAX Transport is only liable to provide a detailed report on an incident, if occurred.
If insurance is available and possible within the territories of PAX Transport arranges for the insurance of the goods (e.g., transit or warehousing insurance) with an insurer of his choice if instructed to do so by the principal before the goods are handed over. If PAX Transport cannot affect insurance cover, either due to the nature of the goods or for any other reason, he must inform the principal without delay.
PAX Transport is entitled, but not obliged, to affect the insurance of the goods if this is in the interest of the principal. PAX Transport may assume that the insurance cover is in the interest of the principal, especially when,
- PAX Transport effected insurance cover for previous freight forwarding instructions
- The principal declared the value of the goods in his freight forwarding instructions (3).
This assumption for the arrangement of insurance cover may not be made if
- The principal expressly forbids such insurance cover
- The principal is a PAX Transport, carrier or warehousing company.
PAX Transport, after due consideration decides the type and scope of the insurance and arranges the cover at the usual market rates, unless the principal instructs PAX Transport differently, specifying the insured sum and the risks to be covered, in writing.
If PAX Transport is the insurance policy holder and if he acted for the account of the principal he is obliged, if requested to do so, he is obliged to provide information about this in accordance with 14. In such a case PAX Transport is obliged to invoice the premium each freight forwarding instruction individually, to document it and to pay it to the insurer exclusively for this insurance cover.
PAX Transport is entitled to a special fee, apart from his reimbursements, for arranging the insurance, handling claims and other administrative tasks in connection with claims and averages.
- Place of fulfillment, place of jurisdiction, applicable law