GENERAL TERMS AND CONDITIONS FOR FREIGHT FORWARDING
The object of these General Terms and Conditions is to define procedures for execution of all Freight Forwarding Services performed by Icarus logistics. Freight Forwarding Services means services of any kind relating to the carriage, consolidation, storage, handling, packing or distribution of the goods as well as advisory services in connection therewith, including but not limited to customs matters, procuring insurance of the goods and collecting or procuring payment or documents relating to the goods.
For all commitments, shipping and operations, ordering customer must accept the terms and conditions defined hereinafter, unless governed by special agreement between the parties.
The ordering customer is the entity that orders execution of the service.
2. Conclusion of contract
The order must be given to Icarus logistics in writing and contain the following instructions:
kind of merchandise and descriptions or classification (e.g. dangerous goods)
value of the goods
type of packing with contents, numbers, quantity and weight (gross/net) of packages
addresses of shipper/consignee
place of delivery/receipt and place of customs clearance of destination (if applicable)
general instructions and conditions in respect of shipment, method of transportation (sea/air/road/express/groupage/breakbulk/containerized cargo, etc.)
special instructions in respect of customs clearance, issue of documents, etc.
In case of verbally given orders these must be confirmed by letter, fax or email. It is the responsibility of the customer to transmit the above required information correct and complete.
All international contracts for the carriage of goods by road are governed by The Convention on the Contract for International Carriage of Goods by Road (CMR).
Icarus logistics organizes the freight forwarding services as agent for the Customer at its own discretion and shall devote its best attention to the organization of the transport, carriage and storage of the entrusted goods. Icarus logistics shall select the appropriate means and mode of transport, as well as storage locations.
Icarus logistics is authorized to carry out the shipment of the goods by substituting himself for the third party. In such case Icarus logistics has the rights and obligations of a carrier pertaining to the shipment and is liable for damages to and loss of the goods in its care and custody.
3.1 Customer’s obligations
Customer is responsible for providing clear, truthful and exact information in the order.
Packaging, wrapping and labelling are the sender's responsibility. Ordering customer shall answer for all consequences of missing, inadequate or defective packaging, wrapping or labelling, as well as for any failure to meet an obligation for disclosure and declaration on the nature and the particularities of goods (perishable or dangerous goods, etc.).
3.2 The liability of Icarus logistics for any loss of or damage to the goods is limited to an amount equivalent of 8.33 SDR per kilogram of gross weight of the goods lost or damaged.
If Icarus logistics is liable in respect of loss following from delay, such liability shall be limited to an amount not exceeding the remuneration relating to the service giving rise to the delay.
Icarus logistics arranges for the insurance of the goods with an insurer of his choice only if instructed to do so in writing at the conclusion of the contract. All insurances effected are subject to the usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. Unless otherwise agreed in writing Icarus logistics shall not be under any obligation to effect a separate insurance on each consignment.
Icarus logistics is obliged to cover its liabilities resulting from these terms with an insurer of his choice and will provide proof of his liability insurance cover upon the customer’s written request.
5. Conditions of payment
5.1 All sums due shall be paid without any reduction or deferment on account of any claim, counter-claim or set-off. This does not restrict the right of set-off with undisputed or legally decided claims.
5.2 All sums due, paid after the due date on the invoice, will automatically result in the payment of penalties. Penalty for late payment shall make up 2% of the sum for each 30 days of payment delay.
6. Claims in tort
Filing of complaints and claims will be pursuant to the procedures laid down in the CMR Convention. Claims shall be filed in writing with documents giving reasonable grounds of the claim.
Settlement of claims will be pursuant to the legislation of the Republic of Latvia and international agreements ratified by the Republic of Latvia.