General Conditions of Carriage - Logistics Express Group
Last revision: August 24, 2024
These general conditions apply to all contracts concluded between Logistics Express Aduanas, SLU, Logistics Express Operations, SLU and/or any company belonging to its group (hereinafter referred to as Logistics Express) and its customers, and are the only general conditions applicable and in force. They are supplemented by the individual rate and service agreements, especially in the Continuous Carriage contracts. The use of Logistics Express services implies acceptance of these terms and conditions and of the rates in force.
Object of the Service
These terms of service regulate the relationship between all customers of any companies of the Logistics Express Group and all companies belonging to its group, hereinafter "the Agency", and the customer. The Agency acts as an intermediary in transport operations and as a customs agency, managing and coordinating the transport of goods and customs processing, in accordance with current Spanish legislation, including the Ley de Ordenación de los Transportes Terrestres (LOTT) and other applicable regulations.
Transportation coordination includes both domestic and international transportation, and may involve the hiring of third party subcontractors or international agents depending on the client's needs.
The use of our services implies the acceptance of these conditions and the rates in force at any time. Logistics Express reserves the right to modify its offers or the discounts on the rates in force before the expiration of their period of validity, depending on the possible variations on the data provided by the customer for the calculation of the same, as well as in case of alterations in the price of fuel or other cost items that cause significant variations in the weighting of the cost structures.
Scope of Application
Services offered by the Agency include:
- Management of customs procedures.
- Coordination and management of land, sea and air transportation.
- Logistics and warehousing services, if necessary.
Rates and Pricing
All transport rates are based on the standard Euro pallet dimensions of 0.80 m wide, 1.20 m long and up to 2.30 m high, with a maximum weight of up to 750 kgs. If any of these figures vary, a new valuation will be arranged.
- Volume: Goods shall be considered bulky, when their density is less than 333 kgs. per m3. In this case, they shall be assessed at 333 kgs/m3, unless the special conditions state another factor, in which case the latter shall apply. The shipment that does not allow the use of the volume dislodged by the product and/or its packaging, shall be calculated shipment by shipment, the volume weight, up to 2.30 m high and/or 2.40 m wide. All rates, quotations and offers per kilogram are based on gross weight per shipment. The gross weights to be invoiced will always be those determined by Logistics Express, after weighing the goods on its own scales.
- Administration fee: 3 €/albaran.
- Surcharge for stoppage40 per hour (after the first hour), with a maximum of 10 hours per day. If the stoppage exceeds one day, it will be increased by 25%, and if it exceeds two days, by 50%.
- Storage fees2 per pallet/day or fraction thereof; 1 €/m³/day or fraction thereof, if the goods cannot be delivered within 3 days of arrival at destination.
Customer Responsibility
The sender shall be obliged to pack and label all packages, also provide the delivery note or transport or service document detailing; packages, gross weight, cubic, place of origin and destination, full details of the recipient (name, full address and contact telephone), carriage paid or carriage due, tariff heading, transport temperature and any other data necessary for the proper execution of the transport. The lack of any of these data, exonerates the carrier of responsibility in case of incidence in the service, rejection or partial fulfillment of the same one. The contracting of the service includes the conditions of coverage of goods marked by the Law 16/1987 of Land Transport Management, Law 15/2009 of November 11, Royal Decree 1211/1990 of September 28, approving the Regulations of the Law of Land Transport Management and the general conditions of application in the contracting of road transport of goods, approved by Order FOM/1882/2012 of August 1, R.D. and subsequent laws.
Logistics Express will provide minimum packaging guidelines for certain types of goods. If these are not followed correctly, the Agency will be exonerated from any liability in case of damage. In case of inadequate or insufficient packaging, the Agency shall not be liable for damages, even if the transportation is carried out as stipulated.
The customer is responsible for ensuring that the stowage of the goods in the vehicle is carried out correctly. Logistics Express will not be liable for any damage resulting from improper stowage by the customer or its agents.
The customer is responsible for providing all necessary documentation for the proper handling of the transport and customs clearance of the goods, including:
- Complete data of the addressee.
- Detailed delivery note (packages, gross weight, etc.).
- Transport temperature (if necessary).
- Freight paid or due.
- Commercial invoice with breakdown and/or exclusion of taxes.
The lack of any of these data exonerates the Agency from any responsibility in case of incidents during the service.
Insurance
The customer shall provide the actual value of the goods in case of declaring a value to insure. Any discrepancy between the declared value and the actual value of the goods shall exonerate Logistics Express from liability beyond the declared value. Logistics Express may extend the maximum legal liability limit, provided that it is explicitly stated in the contract with the customer, according to the following conditions:
Undeclared value: Application of 9% on the value of the freight and with a minimum charge of 3 € per shipment, in any case the carrier's liability is limited to a maximum amount of 10 € per kg transported.
Declared value: A premium of 0.90% of the value declared on the commercial invoice will be applied, with a minimum charge of €8.5 per shipment. In any case the carrier's liability is limited to a maximum amount of 12 € per kg transported, but never exceeding the declared value of the goods.
Total Coverage: In case the customer wants to extend the coverage and wishes to contract a specific insurance for his goods, he may do so through the intermediation of Logistics Express, who, based on the information provided by the customer, will quote and upon acceptance by the customer, will expressly invoice the amount of such insurance.
Before proceeding with the shipment, the client must explicitly accept or refuse to take out additional insurance. In case of refusal, the client assumes all risks not covered by the Agency's limited liability. If the client does not take out additional insurance, the client assumes all risks not covered by the Agency's limited liability. In any case, the additional insurance taken out shall only cover up to the commercial value of the goods, excluding consequential damages, loss of profit or loss of profit, unless otherwise expressly agreed in writing.
For sea and air transport, it is recommended that the customer takes out cargo insurance appropriate to the risks inherent in these means of transport. Should the customer decide not to purchase insurance, he/she must expressly exonerate Logistics Express from any claim arising from damage, loss or delay in the delivery of the goods.
Claims
In case of observing any incident upon receipt of the goods, affecting the number of packages or their packaging, the recipient must state it in the remarks section of our delivery note, at the time of delivery, or within 24 hours of receipt, in writing, being an essential requirement for a subsequent claim.
Logistics Express reserves the right to reject goods for transport, due to certain characteristics, anomalous content, deficiencies in packaging, breakage of the cold chain, expired products or unhealthy conditions according to current health legislation.
No claims for breakage, improper stowage or insufficient or inadequate packaging will be accepted. All services will be performed under the condition of "in accordance except for examination of content", so Logistics Express will not be liable for any damage, fault, incidence of any kind, total or partial in its contents if, at the time of sealing the delivery note at the beginning or destination of the service, it is not clearly reflected in the packaging any manipulation or sign of incidence.
In any case, Logistics Express will not accept any claim in relation to the same, once 24 hours have elapsed since the delivery. No claim will be paid if it has not been previously appraised or approved by the personnel designated by Logistics Express. The amount will not be deducted, under any conditions, from the amount of any invoices that may be due from the Customer.
For any compensation it is indispensable that the freight charges are settled. For full load, Logistics Express will not attend any claim for partial lack of content or damage, in those vehicles or containers received at destination with the original seals in perfect condition; except in those where external damage or damage is observed in the container itself, in which case the intervention of the experts or designated Logistics Express personnel must be requested immediately.
The carrier shall be exempt from all liability if, once the transport has begun, it is proven that the sender has failed to comply with any documentary obligation with respect to the goods transported. The sender is directly and exclusively responsible, and exempts the carrier from all liability, and undertakes to indemnify and hold the carrier harmless from all costs, expenses, damages, losses, expenses of legal actions and proceedings, including lawyers' and attorneys' fees, if any, that may arise directly or indirectly for the aforementioned reasons.
Any incident or complaint must be reflected in the delivery note at the time of delivery. The customer has a maximum period of 24 hours from receipt of the goods to submit a written complaint. No claims will be accepted after 24 hours or if no visible damage to the packaging is reflected on the delivery note.
Claim periods shall be limited by the applicable regulations according to the mode of transport, and shall in no case exceed the periods stipulated by the Warsaw Convention, the Brussels Convention, or national laws. Visible damage must be reported at the time of delivery and hidden damage within 7 days of receipt of the goods.
Hidden damage
In case of hidden damage that is not visible at the time of delivery, the customer may file a claim within a maximum of 7 days. The customer will be required to provide proof that the damage was not visible at the time of delivery. The customer must provide valid evidence, such as photographs of the original packaging and the damaged goods, along with third party inspection reports or any other documents that help prove that the damage was not visible at the time of delivery.
Pickup and Delivery
To avoid access or parking problems, the customer is responsible for obtaining the necessary permits for pick-up or delivery in restricted or controlled areas.
Fractional loading: The collection/delivery at home is understood as first floor to street door, and does not include additional means (cranes, pulleys, forklifts, etc.), nor assistant personnel. If other means are necessary for the handling of the goods, these shall be considered as an exception to the service and the agreed prices shall be increased by the amount corresponding to the work carried out in each case.
Full load: The pick-up or delivery of full loads will be carried out under the supervision of the driver and does not include loading, unloading or stowage operations, nor the handling of the goods in containers, platforms or vehicles, nor the control of the quantity, quality or condition of the goods, nor the necessary permits to position or park the vehicles. The loader/receiver shall have one hour to load/unload the vehicle. Each additional hour of stoppage will be charged at 40 € (maximum 10 hours/day).
Stoppage of the equipment: In the case of full loading, the shipper and/or receiver shall have one hour to load or unload the vehicle from the time it is made available by the carrier. In the event that this period is exceeded, the shipper and/or receiver who has contracted the transport will be charged 40 € for each hour of stoppage, without taking into account the first hour, and with a maximum of 10 hours per day. If the stoppage exceeds one day, this amount shall be increased by 25% and if it exceeds two days by 50%. In case of stoppage at the port of destination, if it is a refrigerated equipment, the stoppage of the equipment will be calculated at the rate of 105 eur / day from 48 hours of arrival. For the rest of the equipment, 30 eur / container and 80 eur / platform from , the dock space occupation fee, which will be 5 eur / day per 20' container, 10 eur / day per 40' or 45' and 15 eur / day per platform, reefer or reefer semi-trailer from the third day.
Other services
Storage: Goods that, for reasons beyond the control of Logistics Express, cannot be delivered 3 working days after arrival at destination, will accrue storage at the rate of €2/pallet/day or fraction thereof, or €1/m3/day or fraction thereof. For this purpose, Logistics Express will notify the shipper and the receiver, if possible, of the reason why delivery cannot be made. In the event of a change of recipient, the difference in freight charges, if any, will be invoiced.
Dangerous Goods: Full loads of dangerous goods will only be accepted under conditions previously agreed in writing with Logistics Express, in accordance with applicable international regulations. The customer is responsible for providing all necessary documentation well in advance, including safety certificates, Material Safety Data Sheets (MSDS) and any other relevant information to ensure compliance with dangerous goods transportation laws. Logistics Express shall have the right to refuse any shipment containing incorrectly declared or improperly packaged dangerous goods, which could result in fines and penalties for the customer. Types of dangerous goods not accepted include, but are not limited to, explosive, radioactive, toxic, corrosive, corrosive materials, and flammable gases. Any failure by the customer to classify or package these goods will render the customer fully liable for any resulting damage, fines or penalties.
Customs clearance: Unless otherwise indicated, customs clearance will be carried out at the Customs Agency chosen by Logistics Express. The amounts of the same will be established in the current rates, as well as those of those additional procedures (documentary credits, transits, etc.), plus special rates if any.
Goods of special dimensions: The carrier reserves the right to reject goods that due to their special characteristics hinder the proper stowage of the rest of the goods, or whose handling involves risks for people or for the goods themselves. All indivisible masses of more than 2 m. in length, 2.3 m. in height and 2.3 m. in width and/or greater than 2000 kg. must have a specific estimate, to be agreed upon and always before starting the service.
Request of Conforms / Return of delivery notes signed by the receiver: The justification of the service performed will be made by the telematic provision of the delivery note of the carrier duly signed by the receiver. The return of physical delivery notes signed by the receiver will be invoiced at a rate of 3 €/shipment. The non-delivery of a delivery note by the carrier does not entitle the shipper to any kind of discount on the transport invoice, nor to delay the payment of the same.
Return of containers or pallets: The pallet will be transported under the responsibility of the users as part of the packaging. If control and/or return of containers or pallets is required, it must be agreed in the transportation contract and will be billed as an additional service. Logistics Express will not be responsible for damage to returned containers or pallets if they are not in the same condition in which they were received by the customer at the beginning of the contract of carriage. Any claim for damage to containers or pallets must be presented at the time of delivery, accompanied by documentary evidence.
Refunds: Cash on delivery shipments will accrue a 5% commission, with a minimum of 10 € for each refundable shipment.
Forms: 5.5 €/issuance will be invoiced for document management.
Perishable and Temperature Controlled Merchandise
Logistics Express will not be responsible for damage, loss, deterioration or any other affectation of perishable goods or goods that require controlled temperature conditions, such as refrigeration or freezing, if the customer does not provide in a clear, complete and precise manner the necessary specifications for its adequate transportation. This information should include, among others, the exact temperature to be maintained, acceptable tolerances, maximum transit times, and any other special conditions that may influence the conservation of the goods. In the event that the specifications are not correctly provided or are omitted, the Agency will be exonerated from any responsibility derived from the loss of quality, safety or viability of the products.
Nor will the Agency assume responsibility for technical failures in refrigeration equipment, mechanical failures, interruptions in power supply, or any other technology or infrastructure designed to maintain specific temperature conditions, provided that such failures are caused by factors beyond the reasonable control of Logistics Express, such as extreme weather incidents, customs delays, strikes, acts of God or any other unforeseen circumstances affecting the normal operation of the transportation service.
In addition, Logistics Express will not be responsible for delays in delivery that may compromise the integrity of perishable goods, unless such delays are directly attributable to gross negligence on the part of the Agency. The customer is responsible for ensuring that the goods are properly packed and labeled to withstand temperature changes that may occur during transit, as well as for reporting in advance any additional risks associated with the cargo.
Therefore, the customer is recommended to take out additional insurance to cover the specific risks related to the transportation of perishable or temperature controlled goods. Any failure to take out such insurance shall be assumed as an express waiver by the customer of any future claim for damage or loss, and the liability of Logistics Express shall be limited to the general terms previously agreed upon.
Subcontracting
Taxes
Form of payment
Unless otherwise agreed, as described in the contract of carriage, invoices shall be payable in cash. The party obliged to pay shall be in default within thirty days, in accordance with the terms set forth in Law 3/2004 of December 29th.
In the event of non-compliance with the agreed payment terms, Logistics Express reserves the right to automatically suspend the provision of its services, upon formal written notice to the customer with a minimum of 5 working days. The suspension will be maintained until the outstanding obligations are fully satisfied. In addition, resumption of service may be subject to a reactivation fee, which will be calculated based on the duration of the suspension and associated administrative costs.
Any delay in payment will generate a default interest of 8% per annum on the balance due, in accordance with the provisions of Law 3/2004 of December 29th. In the event that the additional costs generated by the suspension of the service exceed the value of the outstanding debt, the customer will be responsible for covering such costs prior to the reactivation of the services.
In the event that payment of the transport price and costs has been agreed upon by the consignee, the shipper shall be vicariously liable if the consignee fails to pay. All supplements, including taxes collected on behalf of third parties, must always be settled in advance and/or in cash, regardless of the form of payment agreed for the services rendered to the customer.
Delay in Delivery Clause for Non-Payment
In the event that the customer is in default of payment of the amounts due, including all supplements due, the Agency reserves the right to suspend the transport service, including the delay in delivery of the goods. Any damage, loss, deterioration or consequence arising from delay in delivery due to non-payment shall be borne in full by the customer. Customer expressly waives any future claim against Logistics Express for the effects of such suspension or delay.
Likewise, any additional expenses incurred by the reactivation of the service, including storage costs, custody, or any other expenses associated with the conservation of the goods, shall be borne by the customer until the outstanding payments are regularized.
Regulation and prescription
The transport contract is of a commercial nature and shall be governed by its own clauses and, as far as not provided for therein, by Law 16/1987 on Land Transport Management, Law 15/2009 of November 11, Royal Decree 1211/1990 of September 28, which approves the Regulations of the Law on Land Transport Management and by the general conditions of application in the contracting of road transport of goods, approved by Order FOM/1882/2012 of August 1, R.D. and subsequent laws. Actions arising from the transport contract are generally subject to the statute of limitations within one year.
Disclaimer of Liability
The Agency shall not be liable for non-delivery or incorrect delivery if the customer fails to provide complete and correct information. Delivery times provided by Logistics Express are estimates and do not constitute firm commitments. The Agency does not guarantee exact delivery times, especially in international transport operations subject to external factors such as customs controls, port delays or government restrictions.
In case of force majeure events, such as pandemics, terrorist attacks, road blockades, strikes or natural disasters, the Agency shall be exonerated from any liability for delays or non-delivery of goods. The customer shall assume all risks arising from such events.
Jurisdiction
For claims, the parties submit to the jurisdiction of the courts of Malaga. Any dispute shall be governed by the Spanish law in force. Before resorting to the courts, the parties may choose to resolve disputes through an arbitration or mediation process, under the alternative dispute resolution rules of the Malaga Chamber of Commerce. Should the parties opt for mediation or arbitration to resolve disputes, they will be subject to a procedure managed by the Malaga Chamber of Commerce. The resolution shall be issued within a period not exceeding 90 days from the acceptance of mediation or arbitration, unless otherwise agreed.
Data protection
In compliance with the General Data Protection Regulation (RGPD) and the applicable development regulations, Customers are informed that their personal data necessary for the provision of transport services will be incorporated into our files. Logistics Express undertakes not to apply, use, retain, transfer or communicate to third parties the personal data provided by the Customer, unless it is necessary for the fulfillment of the contract of carriage. Customers have the right to access, rectify and delete their data, as well as to object to the processing of their data when they wish to do so.
Logistics Express shall not be liable for the interception, loss or misuse of personal or business data transmitted electronically, except in case of gross negligence on the part of the Agency. The customer assumes the risks inherent in the electronic transmission of documents and sensitive information.
Service Modifications
Any modification, addendum or change in the terms of the contract must be made in writing and with the express consent of both parties, without which it shall have no legal validity. Verbal communications shall not constitute binding contractual agreements. The Agency reserves the right to modify or update these general terms at any time by giving reasonable notice to the client.
Specific Disclaimers
Limits of Liability: In the event that conditions other than those set forth in the LOTT are agreed upon, the Agency's liability shall be limited to the market value of the goods affected, or to a lesser amount agreed upon by the parties. Logistics Express shall not be liable for consequential damages, loss of profits, loss of profit or any other economic loss arising from delay, damage or loss of goods, unless otherwise expressly agreed in writing.
Exceptional Conditions: Exceptional conditions that exonerate the Agency from liability include, in addition to natural disasters and strikes, the imposition of new customs regulations, unforeseen government restrictions, and the confiscation of goods by competent authorities. Service interruptions caused by cyber-attacks, technological infrastructure failures, or any other incident related to information systems, shall be considered force majeure and shall exonerate the Agency from any liability.
Air transportation: Logistics Express' liability shall be governed by the provisions of the Warsaw Convention or the Montreal Convention, as applicable.
Ocean transportation: The limitations of liability set forth in the Hague-Visby Rules or any other applicable regulations will apply depending on the sea route in question. For sea or air routes considered high risk due to acts of piracy, political instability or any other reason, Logistics Express will require additional insurance to cover these risks. In the event that the customer does not take out such insurance, the customer shall expressly exonerate Logistics Express from any liability arising from such risks.
International Transportation: Logistics Express will not assume responsibility for delays or losses arising from risks inherent in international transportation, such as customs delays, governmental detentions, acts of piracy on maritime routes, loss of air connectivity, or any other cause beyond the reasonable control of the Agency.
Prohibited or dangerous goods: Logistics Express will not assume any responsibility for the transportation of prohibited or dangerous goods not declared by the customer in accordance with international dangerous goods regulations. The Agency shall have the right to refuse or stop the carriage of such goods and shall not be liable for any damage or delay resulting from the presence of such goods. Logistics Express will only transport dangerous goods under conditions previously agreed in writing with the customer. In any case, the customer will be fully responsible for any damage, fine, or penalty resulting from incorrect classification or insufficient packaging of dangerous goods. The Agency shall not be liable for any consequences resulting from lack of information or non-compliance with international regulations regarding the transport of dangerous goods.
Multimodal Transport: For multimodal transport operations, Logistics Express' responsibility will be governed by the regulations applicable to each transport leg. In the case of land transportation, the provisions of the Land Transportation Law (LOTT) shall apply. In the case of sea or air transport, the corresponding international regulations, such as the Warsaw Convention or the Brussels Convention, shall apply.
Perishable goods: Logistics Express shall not be liable for damage to perishable goods or goods requiring special transport conditions, such as refrigeration, if the customer fails to provide accurate or complete information about the requirements of such goods. Further, the Agency will not assume liability for failure of refrigeration equipment or any other technology used if such failure is caused by forces beyond the reasonable control of Logistics Express.
High value goods: No liability will be accepted for loss or damage to high value goods (including but not limited to jewelry, works of art, cash, and high value electronics) unless such goods have been expressly notified to and accepted by Logistics Express prior to the execution of the contract of carriage. In such cases, the customer must provide valid documentation supporting the value of the goods, such as invoices, appraisals or certificates of authenticity, prior to the commencement of transportation. Any failure to provide such documentation will exonerate Logistics Express from liability. In addition, it will be mandatory to extend insurance coverages according to the value of the goods, with additional costs to be borne by the customer.
