General terms and conditions for haulers

1. The freight will be paid by Cargo Transporter as a forwarder, acting on behalf of the shipper and at the shipper’s expense.

2. The payment term starts since the date of the receipt of 2 /two/ copies of the original invoice and the original copy of the CMR consignment note, proving the receipt of the cargo by the receiver at the discharging place.

The Order – contract must be confirmed, signed and stamped by yourself and it must be returned back to us by fax or email before the carriage. If you will accept the cargo without confirmation of the Order – contract we has the right to delay the payment of the freight in your favor within 90 /ninety/ days.

3. Your invoice should contain the following:

3.1. The date of the carriage, written in the invoice should be the date of  discharging, indicated in CMR consignment note.

3.2. You must issue the invoice no later than 5 days since the date of the carriage (date of discharging).

3.3. You must send the invoice to the address of our office in written form dully signed and stamped or you must send to us electronic invoice, contained the identification code of the accounting officer.

3.4. The registration number of the truck, written in the invoice must be the same as this one indicated in the CMR consignment note.

3.5.You must write the exact destination of the carriage in the invoice.

3.6.You must write the number of  the carriage, indicated in the Order – contract.

Upon your request, our company, as a forwarder is able to make the discount payment within 5 calendar days after receipt of the above documents against discount of 5% of the freight, but not less than 30 BGN, and within 14 calendar days against discount of 3% of the freight.

4. For the whole period of the carriage, you as a carrier must have a valid insurance “Carrier’s responsibility for the cargo under international carriage” / CMR insurance / minimum coverage of 200,000 Euro, and a valid license and all other required documents for the international carriage of goods, which should be sent to us before the loading of the cargo. The driver of the truck should be qualified to carry out international carriage under the laws of the Republic of  Bulgaria and all other countries where cargo is loaded, discharged or transit.

5. The truck and / or trailer, which were carried should be fit for the specific carriage properly protected, clean and roadworthy, and to have the required number of lateral and partial boards, belts, and side angles Rubber mats against slipping of the pallets, so to avoid damage to cargoes received for carriage.

6. The driver of the truck should be present throughout the loading and discharging of cargo, received for carriage, to check the strength of the packaging and the exact number, strengthen cargo appropriately, that does not allow their disability to comply with rules movement in all countries through which it passes, not to make stay of unauthorized and / or unguarded places to be instructed on all the requirements of this Order – contract, and has all phone numbers of our company as a forwarder. In establishing any apparent damage to cargo and / or packaging, failure to count these packages discrepancy in the number of loaded cargo / packaging than those indicated in this Order – contract as well as any other discrepancy, the driver must indicate a note in Count 18 of CMR consignment note, and if this is not done in adopting the goods carried, all lost and damages, including the costs of recovery are borne by the carrier.

7. This Order – contract is considered to be validly concluded, if the parties’ agreement on the conditions of transport were agreed by correspondence, including correspondence when certifying this agreement was exchanged by fax or by e-mail or certified by implication of the Parties, Release of CMR consignment note, receipt of goods and the like.

8. Where the Order – contract is for a carriage of  complete cargo, negotiating with other forwarders or shippers for the transport of additional groupage consignments shall not be allowed unless there is written consent of the “Cargo Transporter” Ltd., as a forwarder. When the Order – contract for groupage consignments, which in view of their nature can obviously be transported together with other groupage cargo, the carrier should be separated appropriately cargo in this Order – contract, sent by “Cargo Transporter” Ltd., as a forwarder, as and does not receive for the carriage  other groupage consignments  that could harm the cargo – the object of this Order – Contract.

9. After loading the cargo, the truck and / or trailer should immediately move to the discharging place, indicated in the Order – contract by “Cargo Transporter” Ltd. as a forwarder in the fastest possible route, the discharging of the goods at a discharging place different than this one, “Cargo Transporter” Ltd., as a forwarder.

10. The carrier is obliged to immediately inform “Cargo Transporter” Ltd., as a forwarder, the occurrence of any of the following circumstances:

a / discrepancy between the data in the consignment note and the data requested by this Order – contract about cargo and / or marking ;

b / stated apparent damages of cargo and / or packages ;

c / presence / entry of any objections or comments in the CMR consignment note by the consignor, consignee or the carrier himself;

d/ in case of any circumstances or changes in circumstances that could affect, directly or indirectly, to the precise and timely implementation of this Oder – contract ;

f / notifications under this clause shall be made in writing and sent to “Cargo Transporter Ltd.., as a forwarder, by fax or email within 24 hours after their occurrence, otherwise the carrier bears full liability for possible negative consequences – the result of lack of proper notice.

11. The carrier is obliged to carry out the carriage personally, the carrier has the right to carry out the carriage or part of it through subsequent carrier or subcontractor only on the base of a written consent of the “Cargo Transporter” Ltd., as a forwarder. In all cases, regardless of the circumstances, if the carrier has hired subsequent carrier or a subcontractor, he bears full liability as if he had carried out  the carriage alone.

12. Upon breaking the terms of this Order – contract, separately and independently from responsibility under the Treaty for the international carriage of goods (CMR convention), the carrier due to “Cargo Transporter” Ltd., a freight forwarder, the following penalties:

a / For non-appearance of the truck at the loading or discharging place, carrier owe a penalty of 150 Euro per day for every started calendar day

b / refusal of the execution of this Order – contract made on the stipulated date of loading or in the previous day, without the written consent of “Cargo Transporter” Ltd., as a forwarder, carrier owe a penalty of  200 Euro.

13. Penalty in the clause 12 is not due in the following periodsq called free of penalty times :

a/ free of penalty time for loading or discharging is 24 hours, and for the countries of the former USSR – 48 hours.

b/ free of penalty time for carrying out customs formalities is 24 hours and for the countries of the former USSR – 48 hours.

14. The clauses of this Order – contract are strictly confidential, as none of the parties shall not disclose these conditions to any third parties, and the carrier has no right to enter into direct contact with the shipper /sender of the cargo/ and the consignee and / or enter to conclude direct follow transport contracts with them, ignoring the “Cargo Transporter” Ltd., as a forwarder. In the case of the failure to this clause, the defaulting party shall owe a penalty in the amount of 5,000 Euro /five thousand euro/.

15. The carrier is not entitled to hold the cargo, transported on the base of this Order – contract and should satisfy all claims for lost and damages under the Road Transport Act and the CMR Convention, within 3 working days after receipt of the claim and invoice.

16.During the carriages from or to Germany the carrier is obliged to pay in favor of all his employs workers in the territory of  Germany the minimum wage under the terms and conditions stipulated in German law on minimum wages.

17.According to the requirements stipulated by German law on minimum wages, the carrier shall record the beginning, end and duration of the daily working hours of their employees in the territory of Germany within the terms set by German law on minimum wages and save entries within the terms set by German law on minimum wages .

18.According to the requirements established by German law on minimum wages, the carrier is obliged to submit before the German Authorities all necessary documents in connection with the working hours of its employees in the territory of Germany, acting for the fulfillment of this Order – contract.

19.In case of the failure to the clauses 16, 17 and 18 of this Order – contract carrier bears the liability for any sanctions. In the event that the sanction shall be imposed for the failure to comply by the carrier under clauses 16, 17 and 18 of this Order – contract, the carrier is obliged to release the forwarder from liability by paying the fine in favor of  German Authorities within set terms, moreover if due to failure by the carrier under clauses 16, 17 and 18 of this Order – contract be imposed on the forwarder, carrier owe in favor of the forwarder a penalty in amount of  50%  of  the value of the sanction imposed.

20. Data for invoicing and correspondence:

By courier:

“Cargo Transporter” Ltd.

59, Kostenski Vodopad str., fl.3, ap.5, Sofia 1404, Bulgaria

21. For all relationships, arising on the base of this Order – contract Bulgarian law will be applied, as any disputes concerning to this Order – contract will be referred to the competent court under the provisions of the Civil Procedural Code of the Republic of Bulgaria.

This Order – contract consists of 21 clauses and 4 pages.

 CARRIER: