These General Terms and Conditions (GTC) form an integral part of all transport requests made
by ABC SHIPPING TRANSPORT Ltd., VAT №: BG204480983 to carriers/subcontractors and
are deemed to be agreed upon between the parties upon acceptance for execution of the transport
request.
1. Fulfillment of the transport order
1.1. The transport order is deemed as completed when the goods, which ought to be delivered
to the consignee, are accepted by him/her, either in person or via officially authorized
personnel.
1.2. If the cargo is not delivered at the agreed date, the actual completion of the transport
order cannot take place unless the consignee accepts the cargo partly or in full.
2. Rights and Obligations of the Parties
2.1. The party which will complete the carriage must accept the transport order in writing,
prior to the loading of the cargo. If this act does not take place, the actual loading of the
cargo and the departure of the truck must be deemed as an acceptance to the terms of this
transport order.
2.2. The transport order can be confirmed via email, but its terms cannot be changed unless
the same is communicated and agreed upon by both parties.
2.3. The party which undertakes the transport of the goods should comply with the laws and
regulations of the countries through which the transport is being executed at any given moment.
2.4. The party which undertakes the transport is obliged to provide a vehicle in а good
condition, suitable for completing the assigned carriage, having all necessary documents
and a valid CMR insurance with minimum coverage 8.33 SDR/kg, but not less than
EUR 250 000 for а damage, and a valid license and all other required documents for the
international carriage of goods. If requested by ABC SHIPPING TRANSPORT Ltd., the
insurance policy must be provided immediately. If there is no valid CMR insurance, the
party which undertakes the carriage is liable for all resulting damage in full.
2.5. The truck and/ or trailer should be suitable for the specific carriage – properly protected,
clean and roadworthy, to have all the necessary conditions in order to avoid damage to
cargo received for carriage.
2.6. The driver of the truck should be present throughout the loading and unloading of the
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 the
following transport order.
2.7. The party that undertakes the transport of the goods should check the condition of the
container upon accepting and before unloading for damages or any kind of breach of
integrity. If such examinations have not been carried out, the party that undertakes the
transport bears full responsibility for damaged or missing goods.
2.8. The party which undertakes the transport must provide ABC SHIPPING TRANSPORT
Ltd. with information about the vehicle’s location and movement daily, by 10:00 local
time, as well as to notify ABC SHIPPING TRANSPORT Ltd. in writing about the
expected date of delivery no later than 24 hours before the expiry of the agreed time-
limit. In the case of providing no information or inaccurate information about the
loading, movement or unloading of the vehicle, the party which undertakes the transport
will be charged a penalty of EUR 200 for each individual violation.
2.9. The carrier is obliged to check and monitor the accuracy of the data filled in the CMR
Waybill, and in case of discrepancy, to enter a corresponding remark. In case of damage
to packaging and inability to keep track of the number of packages, the carrier shall enter
his observations in box 18 of the CMR Waybill.
2.10. In case a customs officer removes the seal from the truck and takes part of the
goods, the driver is obliged to fill the quantity taken in the CMR Waybill or to make a
report and the remarks should be certified with a customs stamp.
2.11. The party which undertakes the transport must inform ABC SHIPPING
TRANSPORT Ltd. immediately and in writing about any delays, deviations from the
standard route, and additional costs (penalties, fines, etc.). ABC SHIPPING
TRANSPORT Ltd. commits to incurring only those additional costs which it has been
informed about and has agreed to. If a fine is imposed, or additional costs are incurred
due to a reason for which the consignor/the assigning party is responsible, all costs shall
be covered in full by the responsible person as according to applicable national and
international laws.
2.12. The carrier is obliged to stop only at a secure parking lot. In case there is no such
possibility, parking at other premises is allowed as an exception, only after written
confirmation by the assigning party.
2.13. The party which undertakes the transport is obliged to hand over the goods to the
consignee indicated on the CMR Waybill and the transport order, unless ABC
SHIPPING TRANSPORT Ltd. instructs it otherwise, as well as to sign all necessary
documents, including the CMR Waybill upon delivery and handing over of the goods.
2.14. When the transport order is for a carriage of full load, negotiating with other
forwarders or shippers for the transport of additional groupage consignments shall not be
allowed unless there is written consent of ABC SHIPPING TRANSPORT Ltd. as a
forwarder. When the transport order is for groupage consignments, which in view of
their nature can obviously be transported together with other groupage cargo, the carrier
should separate appropriately the cargo regarding the following transport order and does
not receive for the carriage other groupage consignments that could harm the cargo –
the object of this transport order.
2.15. The carrier is obliged to immediately inform ABC SHIPPING TRANSPORT Ltd.
as a forwarder, the occurrence of any of the following circumstances:
a/ discrepancy between the data in the CMR Waybill and the data requested by this transport
order about cargo and /or marking and addresses;
b/ stated apparent damages of cargo and /or packages;
c/ presence/entry of any objections or comments in the CMR Waybill 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 transport order;
Notifications under this clause shall be made in writing and sent to ABC SHIPPING
TRANSPORT Ltd. as a forwarder, by fax or email immediately, but no later than 24 hours after
their occurrence, otherwise the carrier bears full liability for possible negative consequences – the
result of lack of proper notice.
3. Payment Regulations
3.1. ABC SHIPPING TRANSPORT Ltd. commits to paying the carrier a remuneration for
completing the carriage according to the terms and conditions of the transport order.
Unless remarks to the contrary have been made in writing upon the receipt of this
transport order by email, the carrier agrees that in case a claim is raised, ABC
SHIPPING TRANSPORT Ltd. has the right to withhold the payment of the freight until
the circumstances of the claim have been clarified. After finalizing the claim procedure,
ABC SHIPPING TRANSPORT Ltd. commits to paying the remuneration owed to the
carrier within 14 days.
3.2. The payment term starts since the date of the receipt of the original invoice and the
original of the CMR Waybill, proving the receipt of the cargo by the receiver at the
discharging place.
3.3. The original documents must be provided to ABC SHIPPING TRANSPORT Ltd. no
later than 20 days from the date of unloading of the goods. Otherwise, the payment term
is extended by 30 days from the expiration of the agreed term.
3.4. The freight invoice should contain the following:
- The date written in the invoice should be the unloading date, indicated in CMR Waybill.
- You must issue the invoice no later than 5 days since the date of the carriage (unloading
date). - The invoice must be sent to the address of the ABC SHIPPING TRANSPORT Ltd. in
written form dully signed and stamped, it could be sent via email, contained the
identification code of the accounting officer. - The registration number of the truck, written in the invoice must be the same as the one
indicated in the CMR Waybill. - The exact destination of the carriage must be written in the invoice.
- The number of the carriage, indicated in the transport order must be written in the
invoice.
3.5. A change of the carrier’s bank account must be communicated in advance. If the change
has occurred, but not mentioned – payment to the old account constitutes a valid
payment according to this transport order.
3.6. The freight includes all taxes and transport costs which can be attributed to the normal
conduct of an international carriage of goods by road.
3.7. All the details related to the freight, the remuneration and any other related commercial
arrangements are strongly confidential, hence should not be communicated with third
parties.
4. Liabilities and Penalties
4.1. Unless the assigning party provides its written consent, the cargo cannot be transshipped.
If the latter act is performed, the executing party will be charged an one-time penalty in
the amount of EUR 100.
4.2. For refusal of the execution of the transport order made on the stipulated date of loading
or in the previous 5 days, without the written consent of ABC SHIPPING TRANSPORT
Ltd. as a forwarder, ABC SHIPPING TRANSPORT Ltd. reserves the right to impose a
penalty in the amount of EUR 100.
4.3. Loading the vehicle with other goods than agreed upon in this transport order is allowed
only if ABC SHIPPING TRANSPORT Ltd. has agreed beforehand in writing. Failure to
follow this regulation will result in a EUR 200 penalty for each individual violation.
4.4. The party which executes the carriage must deliver the cargo on the agreed delivery date.
Failure to do so, ABC SHIPPING TRANSPORT Ltd. reserves the right to impose a
penalty of EUR 100 per every day of delay. If the carriage cannot be completed on time,
the executing party must inform about this occurrence in writing, not less than 24 hours
before the delivery date. Failure to do so will result in a one-time penalty of EUR 100.
4.5. In the event of subcontracting of the entire transport order or any of its provisions to a
third party, ABC SHIPPING TRANSPORT Ltd. reserves the right to impose a penalty
of EUR 200. Assigning the following transport to a third party – subcontractor can only
happen if ABC SHIPPING TRANSPORT Ltd. provides written consent for that act.
4.6. Direct contact with the assigning party’s clients without the latter’s explicit consent is
strongly prohibited. A violation of this condition will result in EUR 100 for each
individual violation.
4.7. If the carrier has accepted the transport order without any remarks but does not arrive on
the date and time agreed upon to load the goods, ABC SHIPPING TRANSPORT Ltd.
reserves the right to impose a penalty of EUR 100 for each individual violation.
4.8. The carrier is not entitled to withhold the cargo, transported on the base of the transport
order and should satisfy all claims for lost and damages under the Road Transport Act
and the CMR Convention, within 5 working days after receipt of the claim and the claim
invoice.
5. Additional Provisions
5.1. The regulations from the CMR Convention and the Standard Trading Conditions of
the Bulgarian National Forwarders Association shall be deemed as incorporated in
the transport order.
5.2. Any special conditions in relation to the performance of the assigned transport shall
be deemed to be incorporated in the transport order. The Carrier declares that he is
acquainted with the special conditions and accepts them.
5.3. All disputes which can arise from the performance of the transport order shall be
resolved through mutual agreement between the parties and it is also possible to initiate
a mediation procedure. If mutual agreement cannot be attained, all disputes shall be
resolved by the Court of Arbitration at the Bulgarian Chamber of Commerce and
Industry in compliance with its Rules for Litigations, based on arbitration agreements.
5.4. The assigning party retains the right to make changes to the conditions of the transport
order in writing.
5.5. The executing party is bound to adhere to the rights and liabilities of the carrier as per
the CMR Convention and the local legislation of the country through which the carriage
will take place.