GENERAL CONTRACT CONDITIONS FOR THE TRANSPORTATION OF MERCHANDISE ORGANIZED BY
Claus: BASES OF THE CONTRACT:
All services invoiced by GO FORWARDING, S.L. will be exclusively regulated by the general conditions of the contract.
These conditions are fully accepted by the client at the moment he/she confirms the service order.
The client accepts as well, that these general conditions of contract apply to any order transmitted verbally, by fax or any other system of communication including
when there is no specific reference made to the general conditions of the contract.
The economic limitations of legal responsibility defined in the clauses of these general conditions apply to all claims (extrajudicial &/or judicial-civil, penal, administrative
or of any other order) that could be filed against GO FOWARDING, S.L.. The client agrees as well to communicate to all third parties of which may have contracted
services by way of the client sub-contracted with GO FORWARDING, S.L. the existence, effective validity and acceptation of the present conditions.
2nd Claus: DESCRIPTION OF THE INTERVEINING PARTS:
2.1 – GO FORWARDING, S.L. – Is a commissioned or freight forwarding transport company. As such, and in virtue of the expressed mandate received by a third party
(client) and in conformance to the instructions received, the organization of merchandise transportation will assume in conformance to the instructions received by their
The transportation of merchandise will be organized by means of contracting other means of transportation and not by employing their own means of transportation.
As well as GO FORWARDING, S.L. will offer their services of storage, logistics, etc… As mutual benefit of these services, GO FORWARDING, S.L. will turn in the
corresponding invoice to their client.
2.2 – Claus: Client/Consignee/Shipper – Physical or legal person that contracts the services of GO FORWARDING, S.L. for the organization of the transportation of
merchandise from one place to storage etc… As mutual benefit of the services received, is the person directly responsible for the payment of invoices that are in turn
invoiced by GO FORWARDING, S.L., independent and without discrimination of the rights that GO FORWARDING, S.L. could demonstrate against all benefited by their
3rd Claus: TRANSPORT DOCUMENTATION:
The transportation contracted will remain protected by a bill of lading that will be in accordance with the national norms and international agreements applicable.
4th Claus: DESCRIPTION OF THE MERCHANDISE AND PACKAGING:
The exactness of the declaration of the merchandise must be guaranteed to GO FORWARDING, S.L. in respect to characteristics, description, brand, number, quantity,
weight and volume. Corresponding to consignee/shipper and/or addressee the responsibility of loss, damage or discrimination that could occur to third parties or directly
to GO FORWARDING, S.L. caused by the inaccuracy of the data above mentioned. The client guarantees as well, that the packaging used is correct, being held
responsible for that of which is inadequate, defective or poorly done, causing damage to the merchandise and to the handling equipment or means of transportation
and/or any other goods or persons.
The guarantees and responsibilities in reference to the anterior paragraph will be effective even when inadequacies or deficiencies appear in operations not executed
directly by GO FORWARDING, S.L., and of who will be compensated in addition to any other costs incurred by said damage caused.
The Consignee will be obligated to inform GO FORWARDING, S.L. in the exact moment of the request for service in reference to the dangerous character of the
merchandise given for transport and if required, of the precautions necessary.
In the case of omission or insufficient information, the consignee is responsible for the damages caused by the merchandise. GO FORWARDING, S.L. has the right to
invoice the costs for damages that for the given motive were caused and remain exempt of any responsibility if the merchandise is to be unloaded, destroyed or
neutralized as circumstances require and without the need for compensation.
5th Claus: LEGAL RESPONSABILITY:
GO FORWARDING, S.L. will organize the transportation, carriage and storage according to each case entrusted by their own discretion and by any of the before
mentioned means except for when the clients instructions are different.
As a commissioned or freight forwarding transport company, GO FORWARDING, S.L. will be responsible for the organization of the transportation and will respond for
the breach of their contractual obligations in the case or circumstance previewed in the national legislation y the international agreements applicable and always under
the same circumstances and occupying the same position as if dealing with the same transporters.
As storage suppliers, GO FORWARDING, S.L. will be responsible only for the damage to merchandise produced as a consequence of breach of their contractual obligations in
the case or circumstance and applicable norms. Their responsibility begins in the moment that the merchandise is delivered to the employees of GO FORWARDING, S.L.
and finished when the merchandise abandons the warehouse for transport. Their legal responsibility is as follows:
5.1 – GO FORWARDING, S.L. will be responsible only for the material damage to merchandise, and will not be held responsible under any circumstances for any
consequential damages or patrimonies.
5.2 – Any legal action filed against employees of GO FORWARDING, S.L., be full- time or temporary will only be possible within the limits and circumstances contemplated in
the 5th and 6th clauses.
5.3 – Said limits can not be superseded even in the case in which legal action is taken against GO FORWARDING, S.L. and their employees; full- time or temporary and
Whether actions are taken together or separately and with the understanding that the cited limit is a maximum set for all involved.
5.4 – GO FORWARDING, S.L. will respond only by the election and instruction of the agents subcontracted as transporters, freight forwarders or commissions transporters,
warehouse operators etc., but will be free of any responsibility if the election of the agent was done following the instructions of the client/shipper or anyone who has
interest in the merchandise, as well as when the instructions of transport were transmitted to the subcontracted agents in accordance with the transport order received
by the shipper. In this case, GO FORWARDING, S.L. can resign their rights against the subcontracted agents yielding to the client/shipper.
5.5 – In any case, the responsibility of GO FORWARDING, S.L. will not be superior of that of those who they entrust for the execution of the services.
6th Claus: LIMITATION OF RESPONSABILITY:
6.1 – Always with the maximum value limit on merchandise, GO FORWARDING, S.L. will respond only in the cases and in agreement to the economical limits in the details
– The national terrestrial transportation of merchandise and any other activity not mentioned in the following paragraphs (for example; storage or logistic) are subject to
that arranged by the Law of Ordination of Terrestrial Transportation (LOTT) and the responsibility of GO FORWARDING, S.L will ascend, in its case and as a maximum, to the
amount of 4.5 € per kilogram of gross weight of the lost or damaged merchandise.
– The International Terrestrial Transportation of merchandise is subject to the agreement relative to the International Transportation Contract of Merchandise by Highway
(CMR) and the responsibility of GO FORWARDING, S.L. will ascend, in its case and as a maximum, to the amount of 8.33 DEG per kilogram of gross weight of the lost or
– The international transportation of merchandise by Sea is subject to the agreement of the Unification of Certain Rules in Material of Knowledge of Shipments – Rules of
the Haya-Visby, and the responsibility of GO FORWARDING, S.L. will ascend, in its case and as a maximum, to the amount of 666.67 DEG per bulk or to 2 DEG per kilogram
of gross weight of the lost or damaged merchandise.
– The international transportation of merchandise by Air is subject to the agreement of Warsaw (in agreement to the protocol effective in Spain), and the responsibility of
GO FORWARDING, S.L. will ascend, in its case and as a maximum, to the amount of 17 DEG per kilogram of gross weight of the lost or damaged merchandise.
6.2 – GO FORWARDING, S.L will only respond to the delay in delivery where it is clearly established in the applicable legal norms, and in which case GO FORWARDING,
S.L. will respond in the terms determined by said norms and in which case can not exceed the equivalent of the retribution that they should pay in virtue of the contract
as a freight forwarder.
In any case the delivery times indicated to the client are understood as approximate and are subject to the ups and downs of the means of transportation employed.
If the case the client wants guaranteed delivery time, this should be expressly indicated when contracting the service.
6.3 – When the responsibility is derived from facts or acts that occurred during the execution of the transportation, and if it were necessary to subrogate the freight
forwarder, in no case can this amount for the train, shipping, air land transportation, storage or and intermediary that intervenes in the course of transportation
exceed the amount of the national norms and international agreements applicable.
6.4 – The present limitations will apply to all claims directed against GO FORWARDING, S.L. independent of which the claims is based on the contractual or
extra-contractual responsibility or in the form of a suit or any other form.
6.4 – For special rights of GIRO (DEG) it is understood the unit of account just as it has been defined by the International Monetary Fund.
7th Claus: EXONERATION OF RESPONSABILITY:
7.1 – GO FORWARDING, S.L. will not be held responsible in respect to any loss, damage or expense such as loss of profit, loss of client, fines, lawsuits for losses due
to depreciation or penalization clauses, consequential damages, fluctuations of exchange taxes, tax increases by Authorities, claims due to price increase or quote of
lost or damaged merchandise or any charge for whatever reason or similarity the cause may be.
7.2 – GO FORWARDING, S.L. will remain equally exonerated of any responsibility when any of the following circumstances occur during production:
– Negligence or fault of the client or their authorized representative.
– Packaging, labelling and marking defects or the absence of, if and when GO FORWARDING, S.L has not been ordered to package, mark &/or label merchandise. Also,
GO FORWARDING, S.Lwill not be held responsible for the packaging of the merchandise of which they cannot verify its content.
– War, revolution, insurrection and usurpation of power or confiscation, nationalization, requisition or similar acts that under the orders of the government or a public or
– Strike, lock-out or other labour conflicts that affect work.
– Natural disasters
– Causes of greater force
– Circumstances that GO FORWARDING, S.L. would not have been able to prevent and of which circumstances could not have been foreseen.
– Own vices
7.3 – GO FORWARDING, S.L. will not be held responsible if the merchandise is transported by the client or their representative.
7.4 – GO FORWARDING, S.L. will not be held responsible for the circumstances derived in the operations of loading and unloading that has not been done and/or
organized by them.
7.5 – GO FORWARDING, S.L. will not be held responsible for the loss, damage or expenses derived or that are connected with inexact or defective information given by
the client/shipper in reference to the number, content, weight, brand or description of the merchandise.
8th Claus: INSURING THE MERCHANDISE:
8.1 – GO FORWARDING, S.L. does not insure loss or damage during transportation, storage or handling of the merchandise, unless the client specifically requests
Insurance by written request, and in which case the client must pay the corresponding amount.
8.2 – When GO FORWARDING, S.L. is instructed by written request by the client/ shipper to insure merchandise, this insurance will be contracted always in the name
of the client/shipper and GO FORWARDING, S.L. as the acting agent.
8.3 – The terms and conditions of the insurance will be fixed in the insurance policy contracted, of which will remain available for the client/shipper upon request.
8.4 – GO FORWARDING, S.L. will not be held responsible for the possible disputes or claims that may arise between the client/shipper and the insurance company
contracted, as a result of the merchandise insured.
9th Claus: PRICES OF THE SERVICES CONTRACTED:
Transportation and the other services offered by GO FORWARDING, S.L. will be considered contracted once the effective rates are agreed and the services contracted
And within the expected limits. In the case the rates are not stipulated, the contract will be made on the regular rates and market
corresponding to the area where it is carried out.
The additional costs that are produced as a consequence of the posterior events or circumstances of the date of contract or in that case of the date the expedition
documents were issued, will be of the clients account if and always when they are properly justified and not because of fault or negligence of any of those who intervened
in the services offered and contracted.
The payment of any expenses or service contracted by GO FORWARDING, S.L. will be paid in full, except when special conditions have been previously agreed.
10th Claus: COMPLAINT OF DAMAGES TO MERCHANDISE:
10.1 – Upon delivery of the merchandise transported or stored, the receiver should verify the condition in which the merchandise is delivered, as well as the amount,
number and weight of the bulks delivered. If it appears that the merchandise is defective, or lost be it part or all of the shipment, the receiver should put on record
and/or document at the time of delivery of the merchandise on the Bill of Lading of the defect or loss discovered.
10.2 – In the case of irregularity, damage or loss of merchandise not found upon delivery, the receiver should document hiss/her qualms in writing within the following
24 hours of the time of delivery of the merchandise, or in the terms and conditions indicated on the Bill of Lading, transport documents or legislation applicable.
10.3 – In reference to the exposed in sections 10.1 and 10.2, it is understood as a requisite of process in which if not fulfilled, it will be considered that the right to file
a complaint will have expired.
11th Claus: EXPIRATION:
The maximum time during which one can file complaint against GO FORWARDING, S.L and their employees is up to 1 year from the date of delivery of the merchandise
or in the case of total loss, from the date in which hypothetically the merchandise should have been delivered.
Nevertheless, the deadline for completing the distinct operations of transportation will be in agreement with the time periods indicated in the Bill of Lading or in which
case the national norms and international agreements that regulate the different means of transportation; said deadline being that set according to the documents or
The invoices of GO FORWARDING, S.L. for services of transportation and storage including costs and expenses can not be accumulated under any circumstances on other
suits filed. With the exception of legal disposition, the client can not retain amounts due to GO FORWARDING, S.L. nor make a payment to them of possible or presumed
compensation pending under any circumstances.
12th Claus: LIMITATION OF RESPONSIBILITY OF THIRD PARTIES:
GO FORWARDING, S.L. is authorized to select and contract freight forwarders, transporters, warehouse operators, customs agents, and any other agent necessary for
transportation, storage, handling and delivery of merchandise, all of which will be considered agents independent of GO FORWARDING, S.L..
The merchandise will be entrusted to said agencies subject to all the conditions (as well as limitations of responsibility for loss, damage, expense or delay in delivery)
rules, regulations, stipulations and conditions applicable be they written, printed or stamped that appear on route sheets, bill of ladings and receipts extended by said
freight forwarders, transporters, warehouse operators etc. as well as the content within the national norms and international agreements applicable.
13th Claus: RESPONSIBILITY OF EMPLOYEES AND STAFF:
Any direct legal action against employees and/or staff of GO FORWARDING, S.L., permanent or temporary, for loss or damage of merchandise, will only be possible
within the limits contemplated en the 5th and 6th clauses.
In the case of legal action in conjunction against GO FORWARDING, S.L and their permanent or temporary employees, the maximum compensation will not exceed the
limits stipulated in clause 5.
14th Claus: RIGHT OF RETENTION:
Independent of any motive, GO FORWARDING, S.L. has the right in general and individually to retain the merchandise transported of clients that have not paid the
amount owed in virtue of the services that were entrusted. They can exercise their rights by any means they esteem proceed accordingly and that is admissible
and in agreement with the laws.
If the merchandise in which they intend to exercise the right of retention is lost or destroyed, GO FORWARDING, S.L. will have the same rights mentioned earlier in
respect to the compensation that are satisfied by the insurance companies, transportation companies etc.
15th Claus: APPLICABLE LAW AND JURISDICTION:
All agreements will be prevailed and interpreted in agreement with Spanish law.
The possible disputes that could arise derived form the organization of transportation (such as claims for damage or loss of merchandise, delays etc ..) are subject to
the law and jurisdiction expressed in the reverse of the bill of lading issued by the transportation companies contracted by GO FORWARDING, S.L..
Despite the anterior and in cases not anticipated before, any dispute or action that could arise or file against GO FORWARDING, S.L, their employees remains subject to
Spanish jurisdiction. And, within that law, courts of Madrid, expressible resigning the client/shipper of their own existing law if applicable.
16th Claus: INDEPENDENCE:
The general contract terms and conditions are independent of each other and if part of these conditions is declared invalid or null, it will not affect the validity or
execution of the fulfilment of any of the other parts of the conditions.
This document is a translated copy from the original GENERAL CONTRACT CONONDITIONS FOR THE TRANSPORTATION OF MERCHANDISE ORGANIZED BY GO
FORWARDING, S.L.. in its original Spanish language and hence any legal question or doubt on the legal terms translated can not be held responsible by law but
only the legal terms stated in the original Spanish language document.