GENERAL CONTRACTUAL TERMS
The D.B. Group General Contract Conditions form part of the D.B. Group Shipping Contract and contain the general terms and conditions on which D.B. Group undertakes every transport mandate entrusted to it. D.B. Group S.p.A. is an international shipping company with its Registered Office in Biadene di Montebelluna at via Feltrina Sud 95, Treviso, Italy,. Throughout the world the D.B. Group network is made up of 35 offices and correspondents connected with each other through specific contractual arrangements.
1. General conditions governing the performance of the shipping mandate. Scope of Application
2. Limits on liability for mandates
3. The Obligations and Liability of D.B. Group
5. Validity of Prices and Conditions
6. Inspection of the Goods
7. Hazardous Goods
8. Obligations and Liability of the Mandating Party
9. Customs Operations
11. Withdrawal from Mandate
12. Payment time limits
13. Impossibility of Performance of the Shipping Mandate
14. Right of Retention
15. Limits on Liability
16. Applicable Law
17. General Transport Conditions. Applicability
18. Form of the Contract
19. Liability of D.B. Group for loss or damage to the transported goods or for delays
20. Land Transport
21. Air Transport
22. Sea Transport
23. Rail transport
24. Multi-modal or mixed transport
25. Claims Limitation period
26. No waiver
27. Jurisdiction and competence
28. Privacy Information
In the D.B. Group General Contract Conditions the following terms will have the meaning attributed to them below:
a) The " Company", "D.B. Group" , the “Shipper” or the “Shipping Carrier " will indicate D.B. Group Spa.
b) The Shipper: the party which, pursuant to Article 1737 of the Italian Civil Code concludes a transport contract in the name and on behalf of the Mandating Party, also carrying out the operations accessory thereto.
c) Mandating Party: the party granting the shipping mandate for the conclusion of the transport contract.
d) Sender: the party being the Sender or party effecting the appointment in the context of the transport contract concluded by the Shipper in the name and on behalf of the Mandating Party but in the interests of the Sender itself.
e) Carrier: the party which actually performs or accepts responsibility for the performance of the transport.
1. General conditions governing the performance of the shipping mandate. Scope of Application
1.1. These general transport conditions provide a detailed account of all the rules governing D.B. Group services. All matters not expressly provided for and governed by these general conditions will be regulated by the “General Conditions” drawn up by the National Federation of Couriers and Shipping Companies for Goods Transport and bulk haulage deposited at the Chambers of commerce, Industry, Small Business and Agriculture on 12/06/1992 and published in the Official Gazette no. 66 of 10/03/1975, including the subsequent amendments to the same of which the Mandating Party and Sender hereby declare they are aware.
1.2. The Mandating Party hereby expressly accepts, both when acting on its own account and when acting for others in the shipping and/or transport contract, that these General Conditions will apply fully and unconditionally to all contractual relationships with the Shipper as well as all actions and complaints, even of a tortious nature, as against the latter.
1.3. By the conclusion of any kind of agreement with D.B. Group involving goods transport, the Sender hereby declares that it is in agreement with the following:
• The contract will be a land goods transport contract where the shipping transport is effected over land;
• The contract will be an air transport contract where the shipping transport is effected by air;
• The contract will be a sea transport contract where the shipping transport is in fact effected by sea.
Save where expressly agreed otherwise, the most recent text of the D.B. Group General Conditions will apply, available on the internet site www.dbgroup.net and in cases of its translation into a language other than that of this document, the Italian text will be deemed to prevail and will be decisive with respect to any other translation. The Mandating Party and the Sender will be required to make themselves aware in advance of these General Conditions. They will be of full and unconditional validity as between the contracting parties when they have not been expressly excluded in writing by the latter.
2. LIMITS ON LIABILITY FOR MANDATES
Transport mandates will be deemed to have been accepted by D.B. Group under the conditions, regulations and laws applied by the navigation, maritime and airline companies, land, rail, river or multi-modal carriers and/or others in general, port bodies or businesses, depots or other enterprises, whether Italian or foreign, whose services must be sought by D.B. Group on behalf of the Mandating Party and by reason of the mandate received. Save where provided otherwise by the Mandating Party, the Shipper will be free to choose the ways and means to be operated, the transport modes to be used and the routes and the technical resources to be adopted to ensure the performance of the contract. Furthermore, the liability of the Shipper bringing action against the Mandating Party pursuant to Article 1737 of the Italian Civil Code may not be greater than that of its agents or foreign correspondents pursuant to the laws, provisions, regulations and customs in force in the country of such agents or foreign correspondents.
3. THE OBLIGATIONS AND LIABILITY OF D.B. GROUP
3.1. D.B. Group hereby undertakes to perform the mandate granted to it with the diligence of a good head of household.
3.2. D.B. Group will have the power to effect the shipping of the goods by transporting them in combination with others save where there is a written order to the contrary by the Mandating Party.
3.3. D.B. Group will not accept any liability for the precise interpretation of instructions transmitted verbally or by phone by the Mandating Party when not confirmed in writing.
3.4. D.B. Group will have the power to substitute itself with others for the performance of the mandate pursuant to, and by effect of, Article 1717 of the Italian Civil Code.
3.5. D.B. Group may not be held liable in any way for the actions of the carriers, storage companies, packagers, shippers, insurers and/or banks whose services have been requested for the performance of its mandate. D.B. Group will only and exclusively be liable for negligence in the choice of, or in the sending of instructions to, the same.
3.6. D.B. Group will not be required to confirm that the carriers and/or other parties indicated in the previous point and/or the means used by them possess adequate insurance cover or whether or not they are certified.
3.7. The Mandating Party will be required to ensure that the Shipper receives the documents necessary for the taking of delivery and the shipment of the goods together with the related instructions in good time. If instructions relating to the performance of the mandate are inadequate or impossible to implement the Shipper may act as it thinks fit in the interests of the Mandating Party. If, rather than providing the Shipper with precise instructions, the Mandating Party does no more than sending a copy of the letter of credit, the Shipper will operate in accordance with the conditions set out in the letter of credit without however, accepting liability for the interpretation of the same. The Mandating Party will be responsible for all consequences which may arise from the sending of incorrect, unclear or insufficient documents and/or instructions or when the same are not supplied or supplied late.
3.8. D.B. Group will not be required to check for, or draw the Mandating Party’s attention to, the existence of impediments imposed by law or the Authorities relating to the shipment such as, purely by way of non-exhaustive example, import, export or transit limits.
3.9. D.B. Group will not be required to check the integrity and adequacy of the packaging of the goods entrusted to it for the shipping/transport and will not be liable for loss and damage of any kind suffered by goods which have not been packaged or which have been packaged insufficiently or inadequately.
3.10. D.B. Group will not guarantee compliance with delivery time limits and hence may not be held liable in any circumstances for delays in the collection and transport and/or delivery of any shipment irrespective of the cause of such delays or of requests by the Mandating Party for specific delivery time limits even if appearing on shipping documentation.
3.11. D.B. Group will not guarantee delivery time limits or any order of precedence in the performance of the shipping even if such time limits and/or order of precedence are mentioned in the shipping documents. Equally it will not guarantee the accuracy of indications received from carriers relating to the dates of loading, unloading or delivery of the goods or indeed relating to the arrival of the means of transport at the destination.
3.12. D.B. Group will not be required to make the “interest in delivery at destination” declaration pursuant to Article 22 of the Warsaw Convention of 12 October 1929 (and/or Article 46 COTIF-CIM) or to declare the value of the goods to the carrier (either pursuant to Articles 26 of the CMR, 4.5 (a) of the Brussels Convention, or 423 and 952 of the Italian Navigation Code, or pursuant to any other national legislation or international convention), unless this is expressly requested in writing by the Mandating Party and the relative surcharge has been paid.
D.B. Group will not be required to insure the goods entrusted to it for shipping unless expressly requested in writing by the Mandating Party and the request is accepted by D.B. Group. The costs for such cover will in such circumstances be specified in the Shipper’s quotation.
If the Mandating Party makes a request of the type described above, D.B. Group will take out the insurance on the basis of the general and special policy conditions applied by the insurance companies chosen by it. In the absence of express instructions given by the Mandating Party, any cover, providing it has been requested, will only be taken out for ordinary risks. In no case will the Shipper be considered as insurer or co-insurer.
If the insurance is taken out by the Sender or the recipient, the Mandating Party undertakes to ensure that the right of enforcement by the insurer against D.B. Group is excluded.
The Shipper has no obligation to obtain an insurance indemnity, to interrupt time-bar limitation periods or to direct expert activities save where charged with such activities by the Mandating Party in consideration for payments to be agreed on a case-by-case basis.
If the Mandating Party requests coverage for damage on behalf of third parties and D.B. Group agrees to manage, in the name and on behalf of the Mandating Party, the damage with its insurers, the Mandating Party will be obliged to assign, in writing, all its rights to act against the insurer for the refund of the loss and damage to D.B. Group.
5. VALIDITY OF PRICES AND CONDITIONS
5.1. The prices and conditions offered by the Shipper will only be valid if accepted by the Mandating Party for the immediate performance of the related mandate save nonetheless, in the case of any variations subsequently introduced in the rates and conditions applied by the businesses, carriers and bodies whose services have to be used by the Shipper in the interests of its Mandating Party, as also in labour costs and exchange rates.
The Shipper will not be required to give notice of subsequently introduced changes while the shipping is ongoing. Bonuses, credit notes, brokerage fees, freight commission and the like obtained by the Shipper in relation to the carrier’s charges will be the exclusive entitlement of the Shipper.
Save where agreed otherwise, quotations will be deemed binding only for goods whose volume, dimensions, weight and quality is normal in relation to the planned manner of transport.
5.2. If the Shipper is charged with releasing restrictions on goods on their arrival, this will authorise but not oblige the latter to make advance payment of freight charges burdening the Sender’s goods, refunds and cheques, or customs duties and other costs. The Shipper may not be held liable by those entitled to the same for stop-over costs, loss and damage etc. deriving from the failure to make advance payment of freight charges and other costs.
5.3. If, under existing agreements, D.B. Group makes advance payment of freight charges, transport payments, container hire, duties, costs and other monies of any kind, the Mandating Party and /or the Sender will be required to make payment of the amount due for such advance, as also for interest due for possible delays and any losses deriving from changes in the exchange rate between currencies. The Mandating Party and/or the Sender will be required to hold D.B. Group entirely indemnified from requests for the payment of freight charges, duties, taxes, damage contributions, fines or other monies requested on any basis. If the monies or payments due to D.B. Group are the liability of the recipient or third parties, the Mandating Party and/or the Sender will still be bound to make immediate payment of the same if D.B. Group does not receive immediate and spontaneous payment of the monies due to it for any reason. Save where agreed otherwise, no sum due to the Shipper may be set off against other sums claimed by the Sender and/or the Mandating Party on any grounds.
5.4. The recipient of such offer undertakes not to divulge the tariff conditions granted (which, moreover, are not transferable to third parties) and shall be liable for any damage and economic loss suffered by D.B. Group due to such infringement.
5.5. It remains understood that the offer formulated shall be valid only for the recipient of the same and for the product category requested in the negotiation phase. In case of discrepancies, D.B. Group shall be authorized to apply the higher tariff due.
6. INSPECTION OF THE GOODS
D.B. Group will be entitled, but not obliged, to inspect the goods entrusted to it at any time.
7. HAZARDOUS GOODS
7.1. D.B. Group will not accept delivery of hazardous goods for shipping which might harm people, animals or things. Goods considered, at its exclusive discretion, to be hazardous by D.B. Group will include, but are not limited to, goods so specified:
• In the technical instructions of the International Civil Aviation Organisation (ICAO),
• In the Hazardous Goods Regulations of the International Air Transport Association (IATA),
• In the International Maritime Dangerous Goods (IMGD) Code,
• In the European Agreement on the International transport of Hazardous Goods by Road (ADR),
• in all other national and international legislation applicable to transport and the performance of various services inherent to hazardous goods.
7.2. D.B. Group will not accept delivery of goods for shipping which are subject to rapid deterioration or decomposition, valuables, currency, precious goods or works of art, save as may be agreed in advance in writing in which in any case, the Mandating Party will hold D.B. Group indemnified from liability of any kind.
If such goods are entrusted to D.B. Group without the agreements referred to above, without its prior consent or on the basis of incorrect, incomplete or untruthful indications in relation to the nature or value of the goods, D.B. Group will have the right to reject them or, if so required by the circumstances, to sell them or have them destroyed and the Mandating Party and/or the Sender will be held liable for all damaging consequences and make payment of all costs of any kind deriving from the same.
The Shipper may request payments calculated on a presumed basis pursuant to Article 1740 of the Italian Civil Code, acting in such circumstances as Shipper and not as Shipper-Carrier.
7.3 Articles which are prohibited or not accepted without prior authorisation:
1. plants and animals, dead or alive;
2. securities, credit securities and negotiable certificates (bills of lading);
3. Currency (paper money, coins, credit cards and travellers’ cheques);
4. Other valuables, whether or not negotiable;
5. Material which can be defined as pornographic or offensive;
6. weaponry materials, fire arms and imitation arms;
7. Software containing high-value information;
9. Political material;
10. hazardous materials;
11. food products and pharmaceuticals;
12. narcotic or psychotropic substances;
13. cigarettes and alcoholic drinks;
14. Artistic works;
15. antique items;
16. metals (gold or silver in any form) and precious stones;
17. voluminous goods at the discretion of the Shipper;
18. documents, bids for participation in public or private Competitive Award Procedures, paper valuables, meal, fuel etc. vouchers;
19. Fragile objects such as glass, bottles, etc.
20. Architectural models;
21. Goods subject to customs duties;
22. Biological tissues and anatomical pieces;
The Sender hereby acknowledges that the transport of the above goods is subject to specific sector legislation. The delivery of the goods must thus be effected pursuant to law and in compliance with possible operational instructions given by D.B. Group. Such instructions may change at any time. Furthermore, the instructions and restrictions may vary from country to country.
It is understood between the Parties that if such goods are entrusted to D.B. Group without prior information this will mean the Mandating Party will lose any right whatsoever to compensation for loss and damage and/or failed delivery in relation to the transported goods.
8. OBLIGATIONS AND LIABILITY OF THE MANDATING PARTY
8.1. The Mandating Party must describe the nature of the goods correctly and accurately in all transport documents, specifying the number, the quantity, the quality and the contents of the packages, their gross weight, their dimensions and all other information of use for the performance of the mandate.
8.1.1 The Mandating Party hereby declares that it has noted the goods or articles that the Shipper has stated as not being acceptable for transport and that no such goods have been included in the shipment.
8.2. The Mandating Party must deliver goods to D.B. Group which have been adequately packaged and addressed and in any case made ready in accordance with commercial practice. In particular the Mandating Party will be required to label the goods in an appropriate manner allowing easy and unequivocal identification of the nature and characteristics of the goods and related requirements during the transport stage.
8.3. The Mandating Party will be liable for all the damaging consequences deriving from omission, inaccuracy or imprecision of the indications described above as also the absence, insufficiency or inadequacy of the packaging or the failure to indicate on the packages the precautions necessary for the handling and lifting of the same. It hereby expressly declares that it will hold the Shipper secured and indemnified from all loss and damage, claim or cost of any kind which may arise from the breach of the undertakings indicated above.
9. CUSTOMS OPERATIONS
9.1. The Mandating Party will be required to provide D.B. Group with clear and precise instructions in good time relating to the transport and the documents necessary for the taking delivery and shipping of the goods. In default of instructions, or in the case of instructions which are unclear or not possible to implement, D.B. Group will operate on the basis of its own judgement according to the best interests of the Mandating Party. The Mandating Party will be required, save as agreed otherwise in writing, to make payment in advance to D.B. Group of the funds required for the performance of the mandate and for the performance of the obligations which D.B. Group has accepted and/or will be required to accept in its own name on behalf of the Mandating Party to such end. If D.B. Group makes advance payment of the monies necessary and the monies requested are not received in good time, it will then become entitled not only to the normal payments but also to commission for the advance of funds and interest of 5% together with any losses on exchange rates.
9.2. if the mandate for the conduct of customs formalities is entrusted to D.B. Group the Mandating Party and/or the Sender must guarantee that the documentation accompanying the goods is authentic, complete and properly drawn up and that the goods correspond strictly with the type described, comply with the legislation in force, are free to be exported/imported and have been labelled with the correct markings.
The Mandating Party and/or the Sender will also be required to provide all information, data and customs codes, headings and goods classifications together with all documents necessary to process customs operations.
Furthermore, the Mandating Party and/or the Sender hereby authorise the Shipper to manage all data relating to the shipment including data which might be in the nature of so-called sensitive data, in order to allow the Shipper to perform all administrative and operational procedures which are necessary to carry out online in order to guarantee the shipment the best possible assistance.
9.3. If the correct customs heading is not provided, D.B. Group, its staff or agents, will be able to go ahead with the customs declaration on the basis of the data and documents supplied and the Mandating Party declares that it will undertake to hold D.B. Group, its staff and agents, indemnified from any objection that may be made by the control offices or any other competent office.
9.4. By the mandating of the shipment the Customer hereby constitutes D.B. Group as its agent solely for the purpose of customs clearance and the passage of the goods through customs, hereby certifying that D.B. Group is the recipient for the purposes of appointing an customs agent which will carry out customs formalities and passage through the same if D.B .Group decides to sub-contract such activity. If some customs authority should request additional documentation in order to confirm the import/export declaration or the customs clearance status, the Sender will be required to provide the requested documentation at its own expense.
9.5. Any customs fees, tax (including but not limited to VAT where applicable), penalty, warehousing cost or other cost which D.B. Group may or does incur because of actions by the customs or other government authorities or consequential to the Sender’s and/or the recipients failure to provide appropriate documentation and/or to obtain the licence or permit required, will be charged to the Sender or to the recipient of the shipment. If D.B. Group decides to charge such costs to the recipient and the latter refuses to make payment of the amount, the Sender hereby accepts its obligation to pay such sum together with the amount due to D.B. Group for the activities carried out, just as with any extra cost that D.B. Group may incur. The sender undertakes to provide appropriate security for all fees, taxes, penalties, warehouse storage costs or any other expected costs on request by D.B. Group.
Any storage of the goods entrusted to D.B. Group for shipping will be effected, at the choice of the Company, in its own premises or in those of public or private third parties.
10.1. If D.B. Group stores the goods in third party storage, the same conditions will be applied to relations between it and the Mandating Party (including any limitation of liability) as those in force between D.B. Group and the third party storage company.
10.2. If D.B. Group stores the goods in its own warehouses it will be understood between the Parties that it will not be required to adopt special precautions for the surveillance of the warehouses concerned.
10.3. D.B. Group may grant exclusive use to separate storage premises for the storage of particular goods. The payment for the grant of the above type of premises will be agreed on a case-by-case basis relating to the duration of the arrangement concerned.
10.4. If goods are entrusted by the Mandating Party to the D.B. Group in order for them to be stored for a lengthy period in a warehouse (to be understood as over 60 days) without prejudice to the above conditions, it is understood between the Parties that the D.B. Group will be entitled to withdraw at any time from the storage contract with advance notice of 15 days by means of registered letter sent to the address of the Mandating Party. The withdrawal may be without advance notice if the stored goods cause prejudice to other goods, persons or things. In both cases it is understood between the Parties that the Mandating Party will be required to refund D.B. Group all costs incurred by the latter up to the date on which the goods leave its warehouses.
10.5. Any checks, processing, sample taking or manipulation of the goods to be effected during the time stored in the warehouse must be agreed in advance and effected by staff of D.B. Group or where authorised, by staff of the Mandating Party but always with the assistance and presence of a D.B. Group representative.
10.6. Whenever D.B. Group has well-founded reasons for concern that its rights might not be covered by the value of the goods, it will be authorised to set a time limit for the Mandating Party by which it must ensure cover for such entitlement. If the Mandating Party fails to take such steps D.B. Group will be entitled to sell the goods and deduct its entitlement from the monies so raised or to destroy the goods at the expense of the Mandating Party, without the requirement to apply to the Court.
10.7. D.B. Group’s liability as the party effecting the storage will be limited to cases of gross negligence and/or fraud by itself or its staff or managers.
10.8. The Customer will be liable for loss and damage suffered by D.B. Group caused by parties appointed by the Customer and its staff. Any person visiting land or premises owned by D.B. Group or the places where the latter carries out its operations will be required to act in strict conformity with the security rules in force whether issued by the competent authorities or by D.B. Group, to guarantee order and safety.
11. WITHDRAWAL FROM MANDATE
In exclusion of the provisions of Article 1727 of the Italian Civil Code, D.B. Group will have the power to withdraw from the mandate granted to it at any time including where there is no just cause. It will in any case be necessary to refund D.B. Group for all costs incurred up to the withdrawal.
12. PAYMENT TIME LIMITS
D.B. Group will issue invoices at the end of each individual shipment and/or service. The payment must be made by means of direct bank transfer on the invoice date save where different time limits are agreed (except in the case of advance paid on behalf of the Mandating Party and duties which must be settled on the presentation of the related invoice or equivalent documentation). In the event of dispute the invoice must be returned immediately to D.B. Group’s offices by the Mandating Party, accompanied by the related objections. If the payment terms described above are not complied with for any reason not depending on D.B. Group, the latter will apply interest at the rate calculated pursuant to Legislative Decree no. 231 of 9/10/2002 on the balance outstanding.
13. IMPOSSIBILITY OF PERFORMANCE OF THE SHIPPING MANDATE
All events not caused by D.B. Group and/or by its staff or managers, impeding the latter from the performance of its obligations (including, purely by way of non-exhaustive example, wars, earthquakes, floods, insurrection, popular uprising, fires, strikes or lock-outs together with all causes of force majeure and/or releasing events provided for under international conventions) will release D.B. Group from liability with regard to its mandates prejudiced by such events for the period of their duration. In such cases, D.B. Group will have the power to withdraw from the contract even if it has been partially performed with the Mandating Party having an analogous right. In the event of withdrawal it is understood between the Parties that the Mandating Party will be required to refund D.B. Group for all costs incurred by the latter (including, purely by way of non-exhaustive example, for transport, warehouse storage, hire, deposit, stop-over, insurance and/or delivery) as well as if made necessary by events of force majeure.
13.1. The appointment and liability of the Shipper will come to an end, for goods to be delivered to the recipient’s domicile, on the presentation of the goods on the vehicle at the recipient’s domicile address or at a normal place for unloading indicated by the recipient in advance. The recipient will be required to effect the unloading at its own expense, risk and danger. If the recipient delays in the acceptance of, or refuses to accept, goods delivered to its domicile address, D.B. Group will be entitled to charge the goods with the additional costs for the stop-over of the vehicle, the return of the goods to the warehouse, the warehouse storage and subsequent re-delivery to the domicile address.
13.2. Save in the event of written instructions to the contrary, D.B. Group may have all goods refused by the recipient or which cannot be delivered for any reason, returned to the Sender. The above is at the risk/cost, and on the behalf, of the Mandating Party. During the period of delay resulting from any impediment to re-delivery, the goods will remain in storage at the risk and danger of the Mandating Party without the Shipper being required to insure them. Furthermore, the Shipper will not accept liability for missing items, damage etc. nor for confiscation, sale by auction, destruction or anything else to which the goods may be subjected pursuant to the law in force in the country where the goods are being stored.
The Sender and/or the Mandating Party will be required to refund the Shipper and hold it indemnified in relation to any amount or cost due including charges for parking transport vehicles, for containers, packing crates and the like, for the return of the goods to the warehouse, storage and subsequent re-delivery.
If the recipient refuses the goods or cannot be traced, D.B. Group, if informed in time of the storage requirement and given authority to intervene, may adopt the necessary and appropriate measures for the safe-keeping of the goods and its return, acting in the name and on behalf of the Mandating Party and/or the Sender which will bear the risk of possible losses, damage or theft.
14. RIGHT OF RETENTION
D.B. Group will have the privilege and right of retention of the goods entrusted to it as against the Mandating Party, the Sender and any other party with which it contracts by reason of its receivables whether due and owing or in the process of so becoming. The above rights may also be enforced against others with title over the goods (Sender and/or recipient and/or owner of the goods if different from the Mandating Party).
15. LIMITS ON LIABILITY
The Shipper will not be liable for the completion of the transport but solely for the performance of the mandate received together with any accessory obligations.
15.1. When provision is made for the liability of the Shipper-Carrier in relation to any damage or claim on grounds attributable to the latter for compensation deriving from the shipping and/or transport entrusted to it, including any technical stop-overs, this may not exceed the compensation limits which may be relied on by the carrier based on, and by effect of, the uniform law applicable to each individual shipment or the national law applicable to each individual transport and/or shipment, including Italian law, and in any case the compensation limit applicable, and which may be relied on, by the Carrier actually effecting the transport.
“technical stop-over” will mean the storage of the goods in a storage area, depot, terminal or other area of safe-keeping consequential to requirements connected with the performance or continuation of the transport or in any case connected with the need to safeguard the goods during the transport while waiting for the delivery to the carrier or recipient.
15.2. If it is impossible to identify that stage of the transport when the damage or loss has occurred, just as when the loss or damage occurs during a period of storage or deposit which does not come within the definition of technical stop-over, (thus including courtesy storage or storage without charge) effected by the Shipper using its own premises or those of its auxiliaries, or if compensation limits are not available for the party effecting the storage or its auxiliaries during the storage and/or handling, the limit defined under Article 1696 of the Italian Civil Code will apply.
15.3. Any compensation potentially due by the Shipper for indirect damage (such as, purely by way of non-exhaustive example: loss of profit, loss of interest or damage deriving from delay to, or failure to effect, the transport, emerging damage/loss of profits or damage from failure to effect the transport) will hereby be excluded in derogation of Articles 1223 et seq. of the Italian Civil Code.
In particular, for the shipment of samples or goods which the Mandating Party or the Sender have expressly identified as for delivery to trade fairs, exhibitions, events and the like, the maximum compensation (in the event of delay and if due and owing) will be limited to the amount of the agreed freight charge.
In any case, no damages will be payable by the Shipper for delays in the exhibition, or non-exhibition, of goods at trade fairs of any kind.
16. APPLICABLE LAW
Save where stated otherwise in these General Conditions, It is understood between the Parties that Italian law will be applicable with reference in particular to Articles 1737 et seq. of the Italian Civil Code.
17. GENERAL TRANSPORT CONDITIONS. APPLICABILITY
If it is agreed by the Parties that D.B. Group will undertake to effect the transport of the goods with its own means or those of others, in full autonomy and under its exclusive liability, the following General Transport Conditions will apply.
18. FORM OF THE CONTRACT
The transport contract must be concluded in writing. In the case of tariffs linked to tenders any discrepancies of volumes and product categories shall be subject to tariff renegotiation.
19. LIABILITY OF D.B. GROUP FOR LOSS OR DAMAGE TO THE TRANSPORTED GOODS OR FOR DELAYS
D.B. Group’s liability will be governed exclusively by the following provisions with the exclusion of any other agreement. The transit-time will be that notified by the carrier effecting the transport and it is merely indicative and not binding in nature since it will be subject to the variables affecting each individual journey together with the general insurance policy conditions applied by the carrier concerned. As a consequence D.B. Group will not accept any responsibility if the actual transit time is longer than that indicated.
20. LAND TRANSPORT.
20.1. National transport. Limit of Liability
Where the transport is to be effected by land within Italian territory, it is hereby agreed that D.B. Group’s liability for loss or damage to the transported goods on any basis, whether contractual or tortious in nature, will be governed by Article 1696 of the Italian Civil Code as amended by Legislative Decree no. 286 of 21.11.2005 and hence limited to €1 (one Euro) for each kilogram of goods lost or damage. The liability limit referred to under Article 1696 of the Italian Civil Code will also be applied in the case of delay by ourselves in the delivery of the goods at their destination, but only for loss and damage which is duly and fully proved and is the direct and foreseeable consequence of the delay.
20.2. International Transport. Limit to liability
In the case of the land transport of goods in which the place for the receipt of the goods and that identified by contract for the delivery are located in different countries of which at least one is a party to the 1956 Geneva Convention (CMR), D.B. Group’s liability will be governed by the said Convention. D.B. Group’s liability for loss or damage of the transported goods, whether contractual or tortious in nature, may not exceed the amount of 8.33 SDRs for each kilogram of goods lost or damaged. In the case of delay in delivery, where it is possible to prove that a loss has been suffered, D.B. Group’s liability will be limited to the refund of the cost of the transport relating to the shipment, or that part of the shipment arriving late pursuant to the provisions of Article 23.5 of the CMR Convention.
21. AIR TRANSPORT
21.1. National Transport. Limit to Liability.
Where the air transport is effected within Italian territory and in any case in circumstances where the Warsaw Convention does not apply, D.B. Group’s liability will be governed by the Italian Code of Navigation and may not in any case exceed the amount of 22 SDRs/ Kg in gross weight of lost or damaged goods
21.2. International Transport. Limit to Liability.
In the case of international air transport, D.B. Group’s liability will be governed by the 1929 Warsaw Convention or the 1999 Montreal Convention according to the law applicable on a compulsory basis. D.B. Group’s liability, whether contractual or tortious in nature) for loss or damage to the transported goods may thus not exceed the amount of 22 SDRs for each kilogram of goods lost or damaged.
22. SEA TRANSPORT
22.1. National Transport. Limit to Liability.
Where sea transport is to be effected within Italian territory, D.B. Group’s liability will be governed by the Italian Code of Navigation. Any compensation due on any basis, whether contractual or tortious in nature, from D.B. Group for loss or damage of the transported goods, may not exceed the amount of €100 for each package.
22.2. International Transport. Limit to Liability.
In the case of international sea transport, D.B. Group’s liability will be governed by the 1924 Brussels Convention . D.B. Group’s liability, whether contractual or tortious in nature, for loss or damage to the transported goods, may not exceed the amount of 666.67 SDRs for each package or unit lost or damaged or 2 SDRs for each kg of goods lost or damaged, which ever is the higher.
23. RAIL TRANSPORT
23.1. National Transport. Limit to liability.
Where rail transport is to be effected within Italian territory, D.B. Group’s liability will be governed by Presidential Decree no. 98 of 10 April 1961 as subsequently amended. D.B. Group will not be liable for the payment of any compensation on any grounds whether contractual or tortious in nature, above the amount of €7.5 kg of the net weight lost or damaged.
23.2. International Transport. Limit to liability.
In the case of international rail transport, D.B. Group’s liability will be governed by the 1980 Berne Convention. D.B. Group’s liability, whether contractual or tortious in nature, for loss or damage to the transported goods, may not exceed the amount of 17 SDRs per every Kg of goods lost or damaged.
24. MULTI-MODAL OR MIXED TRANSPORT
If the transport is effected using different means of transport, D.B. Group’s liability will be governed by Fiata conditions, Multi - modal Transport Bill of Lading.
24.1. D.B. Group’s liability, whether contractual or tortious in nature, for loss or damage to the transported goods may not exceed the amount of 666.67 SDRs for each package or unit lost or damaged or 2 SDRs for each Kg in gross weight of goods lost or damaged, whichever is the higher. If the Sender declares the nature and value of the goods before the Company has taken delivery of the same, the latter has expressly accepted such declaration, the instalment of the ad valorem freight has been paid and the value has been set out in the transport document, such value will represent D.B. Group’s maximum liability.
24.2. if a container, pallet or like method of transport has been loaded with more than one package or loading unit, the packages or other loading units expressly declared in the transport document will be deemed to have been loaded individually in such transport method. Apart from the above exclusion, the transport method will be deemed to be a single package or a single loading unit.
24.3. If the multi-modal transport does not include stretches of sea or river transport, D.B. Group’s liability may not exceed the amount of 8.33 SDRs per Kg of goods lost or damaged.
24.4. if the loss or damage to the goods occurs in a part of the multi-modal transport for which a contract has been concluded providing for the application of conventions or national laws with different limits on liability, D.B. Group’s liability will be governed by the conditions of such conventions or national laws.
24.5. The above limitations will apply to all claims made against D.B. Group whether they are contractual or tortious in nature.
25. CLAIMS LIMITATION PERIOD
Any disputes, demands, claims, and/or applications which the Mandating Party wishes to bring against D.B. Group in relation to the fulfilment of the contract and/or its performance including with regard to losses, damage and/or delay, must be notified to D.B. Group by means of registered letter with notice of receipt within the time limit of 7 (seven) days from the date of the event. If the above time-limit passes without the related communication having been sent in the manner indicated above, this will result in the failure of any right to make a claim even if not time-barred in law.
26. NO WAIVER
The non-exercise, as also the waiver, by D.B. Group of rights of enforcement of any rights to which it is entitled pursuant to these General Conditions, will not represent an impediment to the subsequent exercise of such rights or other rights by D.B. Group for the same or a future or threatened breach.
27. JURISDICTION AND COMPETENCE
The Parties expressly agree that any dispute which may arise between them in relation to the interpretation, performance or termination of this contract will be exclusively subject to Italian jurisdiction and the competence of the Court of Treviso, at the separate division in Montebelluna.
Customer’s signature obligatory
The following clauses are expressly approved in writing pursuant to Articles 1341 and 1342 of the Italian Civil Code:
2. Limits on liability for mandates
3. D.B. Group’s Obligations and liabilities
5. Validity of prices and conditions
7. Hazardous goods
8. The Mandating Party’s obligations and liabilities
9. Customs Operations
11. Withdrawal from the Mandate
12. Payment terms
13. Impossibility of performance of the Shipping Mandate
14. Right of Retention
15. Limits on liability
19. D.B. Group’s liability for loss or damage to the transported goods or for delays
20. Land transport
21. Air transport
22. Sea transport
23. Rail transport
24. Multi-modal or mixed transport
25. Limitation for claims
27. Jurisdiction and competence
Customer’s signature obligatory