Texto de Condiciones de Prestación de Servicios Terrestres - PL | HTG Express

Version 30/01/19

ROAD SERVICE PROVISION TERMS AND CONDITIONS

1.1. Prices do not include VAT.

1.2. The price includes a maximum of 2 hours for the first loading and 2 hours for the first delivery operations. Additional waiting costs are invoiced 30€ per hour for small vans and 60€ per hour for heavy goods vehicles.

1.3. Payment terms: bank transfer within 30 days of the invoice date, except in the case of the first transport with us and its price exceeds €2000 or that of a self-employed driver, in which case payment must be made in advance, before the start of the service.

1.4. In the event of a cancellation of the transport service attributable to the Customer, the Customer shall duly pay the costs incurred by the Supplier in travelling to the loading point to perform the service. Such costs shall never exceed the transport price agreed with the Supplier.

If the transport service has already started, the Customer shall pay, in addition to the duly justified expenses incurred by the Supplier, the transport price in proportion to the part executed, provided that the latter is of any benefit to the Customer, or may be required to pay the full amount when the non performance is attributable to him.

2.1. Nature and value of the goods: Only goods considered “OK to transport” may be transported, as specified above (clause nº5).

2.2. The gross weight of the goods must match that provided by the Customer prior to the commencement of service provision and must match that indicated in the CMR.

FLEX service: In the case of excess weight (in relation to that announced and/or stated in the CMR): if, taking into account current regulations, the goods can be loaded, a supplement will be paid taking into account the excess weight; if only part of the consignment can be loaded, the total agreed price will be paid, if nothing can be loaded, a percentage of the total agreed price will be paid.

PREMIUM service: In the case of excess weight (in the terms indicated above) an amount will be paid that is proportional to the costs generated by the part of the service already performed.

2.3. In their request for shipment, customers must mention all requirements relevant to the load. It is expressly established that loading, stowage, fastening and unloading must be carried out in all cases by the sender and the consignee, respectively.

2.4. The Customer accepts that transhipments may be made in the contracted transport, if necessary and that the transport may be subcontracted.

3.1. Estimated transit under normal road conditions and based on vehicle load.

3.2. Pallets shall not be exchanged unless round-trip transport is contracted.

3.3. In general, HTG Express will inform the customer of a vehicle’s arrival at the loading point, commencement of transit, arrival at the delivery point, completion of unloading and, to the extent possible, of any events that may arise during the contracted transport service.

4.1. Transport subject to our Standard Terms and Conditions of Engagement available on our web site and alternatively to applicable transport regulations (CMR international transports, LCTT and LOTT national transports). HTG Express reserves the right to exercise all the actions contemplated by current regulations, without renouncing any.

4.2. Dispute resolution and applicable Law: For the purpose of resolving any controversy that may arise in relation to this freight contract, the parties agree to subject themselves to the authority of the Transportation Arbitration Board of the Basque Country. Spanish law and international treaties that form part of the Spanish legal system will be applicable.

5. Nature and value of the goods

5.1. The goods transported in the shipment commissioned to HTG Express must be trade goods in general and their value must not exceed €300 000 [1]. Or they must be samples or mobile telephone products and their value must not exceed €30 000 or €90 000 respectively [2]. ADR: we only transport the “exempt” type.

5.2. The goods transported must be duly packaged, stowed and conditioned in accordance with their nature. They must be safe for shipment and in compliance with the current legislation. The shipper is exclusively responsible for adequately performing said operations. Likewise, the shipper must ensure sufficient protection of the goods during the normal stages of transit.

5.3. In all cases, the following goods are excluded:

Explosive goods (except for 1.4S), radioactive goods, collections, works of art, silk, pool coupons, lottery tickets, stamps, coupons, coins, securities and any document or object with face or payment value, vehicles, removals, personal belongings, tobacco [3] and any goods whose sale is illegal.

5.4. Goods that meet the preceding requirements shall be considered “OK to transport”. HTG Express requests that the goods transported be “OK to transport” and shall only be liable for damage to goods and the damages caused by these to third parties when they are “OK to transport”.

5.5. Upon contracting the transport service with HTG Express, unless otherwise expressed in writing and in an irrefutable manner by the Customer prior to the start of the said transport service, it is presumed that the goods transported in the contracted shipment are “OK to transport”. In the event of a breach of this clause, i.e. the shipment of goods on the Customer’s behalf that are not “OK to transport” without any prior declaration whatsoever from the Customer, made in the aforementioned manner, HTG Express shall be completely exonerated from any type of liability related to the goods in those cases where the Customer has been given prior express warning that said goods cannot be transported and that the Customer has not made any declaration in this regard, although obliged to do so. Thus the Customer shall be solely liable for any damages, loss and/or delay that the goods may suffer and/or cause to HTG Express and/or third parties.

[1][2][3] Unless otherwise insured with HTG Express

This document summarises the terms and conditions under which the transports contracted by the Client with HTG Express will be carried out. Except when otherwise expressly stated in writing sufficiently prior to the commencement of the transport services, the Client shall be deemed to accept in full the present Terms of Service and the Standard Terms and Conditions of Engagement of HTG Express published in its website, and any previous agreement that could contradict any of them shall be void. As a result, there is a novation of the main conditions previously agreed upon.