Transport Terms and Conditions
Overview
Transport terms and conditions outline the rights and responsibilities of both the carrier and the customer, covering aspects like liability, payment, and delivery procedures. Key clauses often include rules for loading/unloading, handling of delays, and procedures for handling claims for damages or shortages, which typically require timely written notification. The terms also specify what is covered by the agreed-upon freight charges, and the customer's liability for additional costs like penalties or extra weight.
Key Clauses in Transport Terms and Conditions
Liability
This section defines the carrier's responsibility for loss or damage and may limit their liability under certain conditions. It also covers the customer's liability for incorrect declarations or failure to meet obligations.
Claims
Outlines the procedure for filing a claim for damages or shortages. This often requires notification in writing within a specific timeframe after delivery, such as 24 hours.
Delays
Specifies what constitutes a delay and what happens in such cases. This can include the carrier being exempted from liability for delays caused by events like government seizure of the vehicle.
Loading and Unloading
Details the rules for loading and unloading, including who is responsible, time limits, and potential charges (like demurrage) for exceeding those limits.
Payment
Covers the agreed-upon freight charges and what they include. It also addresses liability for additional costs, such as those incurred due to exceeding weight limits or penalties at checkpoints.
Prohibited Goods
Specifies which goods are prohibited and the conditions under which they might be accepted, such as requiring necessary permissions and compliance with regulations.
Contract Details
Includes the subject of the transport, such as the carrier's undertaking to deliver goods to a consignee for an agreed price. It also covers how the contract is concluded and communication between the parties.
Legal and Jurisdiction
Defines the applicable law and the jurisdiction for resolving disputes.
Important Considerations for Both Parties
Read Carefully
Both the carrier and the customer should carefully review and understand the terms before the transport service begins.
Clarity and Written Communication
Ensure all agreed-upon terms are in writing. Make sure to follow the required procedures for filing claims and resolving disputes.
Inherent Dangers
The consignor is responsible for declaring any inherent dangers of the goods. Failure to do so can result in the consignor being fully liable for any consequences.