The goods should be packed, packaged, marked or countermarked so as to withstand transport and/or storage performed in normal conditions, as well as successive handling, which necessarily occur during the sequence of such operations. They should not constitute a hazard to driving or handling personnel, the environment, transport vehicle safety, other carried or stored goods, vehicles or third parties.
Should the instructing party entrust the T.L.O with goods in breach of the above provisions, it shall be solely responsible, with no claim against the T.L.O for any damage they may cause.
On each parcel, item or load support, clear labelling should be provided to allow immediate and clear identification of the sender, of the consignee, of the place of delivery and of the nature of the goods. The statements on the labels should match those shown on the shipping document.
The instructing party shall be responsible for all consequences of any failure, insufficiency or defect of packing, marking or labelling, as well as any failure to perform the duty of information and declaration regarding the specific nature and the specificity of the goods, for example when hazardous goods are concerned.
The instructing party shall bear alone, with no claim against the T.L.O, any consequences of erroneous, incomplete, unenforceable or belated declarations or documents.
In the event of any loss or damage sustained by the goods, or of any delay, the consignee or receiver is responsible for making regular and adequate inspections, expressing motivated reserves and generally carrying out any action useful for the protection of claims and for confirming said reserves in legal forms and timeframes, failing which no claim may be exercised against the T.L.O or its substituted parties.
Refusal or failure by the consignee:
In the event the goods are refused by the consignee, and in the event of the latter’s failure for any reason, all initial and additional costs owed and incurred in connection with the goods shall be borne by the instructing party.
If customs transactions need to be completed, the instructing party shall hold the customs agent harmless against any financial consequences arising from erroneous instructions, unusable documents, etc. generally leading to the payment of additional duties and/or taxes, fines, etc. to the respective public authorities.
Posted in: CGV-EN