GENERAL CONDITIONS OF LOGISTIC SERVICES.
These General Conditions of Logistic Services constitute a binding part of the service agreement concluded between the customer and the company, with which the parties undertake to comply.
SCOPE OF APPLICATION OF THESE CONDITIONS:
These general conditions apply to all the logistic services offered by the companies belonging to the group PROMOCIÓN, EXPORTACIÓN Y SERVICIOS, S.A. (hereinafter LeoProex) in the activities of Shipping Operator, Carrier, Customs, Authorised Economic Operator, Storage, Logistics or any other activity that the companies may provide and to which they may apply
These general conditions are available to customers and the general public at any of the offices that LeoProex has in Spain and also on the company’s website (www.leoproex.com).
Likewise, they are registered in the Record Book of the Register of General Conditions of Procurement of Barcelona.
- Company: Means PROMOCIÓN, EXPORTACIÓN Y SERVICIOS, S.A. along with the various branches, agents and representatives of the group.
- Customer: Means the person to whom the company provides its services.
- Shipper/Sender: Means the person who engages the shipping service and for which the carrier is obliged to perform that service.
- Carrier: Means the person who assumes the obligation to perform the transport service in its own name, regardless of whether it executes the service by his own means or by outsourcing to another operator.
- Recipient/Consignee: Means the person to whom the carrier has to deliver the goods at the place of destination.
- GENERAL PROVISIONS.
1.1. In the absence of specific instructions, LeoProex may choose the itineraries and transport means and modes that, in its opinion, are the most appropriate for carrying out the transport and/or delivery of the goods in the best conditions.
1.2. The goods will always be issued at the risk and expense of the sender and/or recipient and the insurance will only be covered according to the instructions received from those parties in writing.
1.3. If the consignee or recipient does not take charge of all or part of the goods upon arrival, they will be deposited at the risk and expense of the sender or the corresponding party, subject to the provisions of the law or, where applicable, standard commercial practice at the place of delivery.
- DESCRIPTION OF GOODS AND PACKAGING.
2.1. LeoProex is guaranteed the accuracy of the declaration of the goods in regard to their characteristics, description, labelling, numbers, quantity, weight and volume, with the sender and/or recipient answering for any liabilities for losses, damages, breakdowns and/or penalties that may be caused to third parties by the inaccuracy of the aforementioned data, as well as losses derived from improper, defective, or badly deployed packaging that may cause damages or harm to the merchandise or handling equipment or means of transport, even when such faults or deficiencies appear in operations not directly executed by LeoProex, who must also be compensated for any additional expenses that may arise from such causes.
2.2 Orders for shipment of dangerous goods must be pre-inspected by the shipper 24 hours before the required time limits for conventional goods. All shipments of dangerous goods must comply with the ADR/IMDG norms that are in force at all times. The sender is solely responsible for complying with current legislation with regard to packaging, documentation, labelling, consignment notes and any other requirement that may be necessary for transporting those goods, exempting LeoProex from any liability before third parties arising from breaches.
In cases of missing or incomplete information, the sender will answer for any damages caused by the goods, with LeoProex having the right to reimbursement for costs caused on those grounds, and remaining exempt from any liability if the goods must be unloaded, destroyed, neutralised or rendered harmless, as require by the circumstances and without giving right to any compensation.
2.3 In the case of shipments to the USA, the warranties and obligations of the shipper included in the above points are extended. The shipper will be responsible for the requirements for prior information and documentation necessary for importation to the USA that may be required at any time by the authorities, and the shipper will also answer for the accuracy and timeliness of that information. Likewise, the shipper will be responsible for any expenses, damages and losses that may arise from any breach, holding LeoProex harmless from the consequences derived from not having been able to inform the US Customs of the nature of the shipment within the statutory deadlines or of errors in the import documents. In case of missing or insufficient information, the shipper will also answer for damages caused.
3.1 LeoProex will be responsible for the damages resulting from the loss, breakdown or delay in delivery if the cause of the incident occurs place between the time LeoProex takes charge of the goods and the time of delivery. However, LeoProex will not be responsible for the actions or events that result or derive from the fault or negligence of the sender or the recipient; natural loss and/or inherent defects; strikes, lock-outs or other labour conflicts that affect work; natural disasters, force majeure, theft or any other cause that LeoProex could not avoid or the consequences of which could not have been prevented with reasonable diligence.
3.2. LeoProex will not be responsible for compliance with instructions given after the issuance of the shipping or transport documents, nor for any contingency derived from said subsequent instructions.
3.3. When the responsibility derives from events or acts that occurred during the execution of the transport, if LeoProex has outsourced such services, in no case shall the liability exceed that assumed by the rail, sea, air or road transport companies, by warehouse operators, or by any intermediate intervening in the course of the transport, in accordance with the international regulations and conventions in force.
3.4. When transportation is carried out by two or more different means of transport, LeoProex’s total liability will be that applicable to the regulations of each phase or mode of transport. When the phase of the journey in which the damage occurred cannot be determined, the LeoProex’s liability will be decided in accordance with the provisions of Spanish Law 15/2009 on contracts for the land transport of goods. Likewise, claims for losses, faults or delays in the goods will be governed by the rules applicable to the mode of transport in which the delivery of the merchandise is made or should be made.
3.5 Under no circumstances shall LeoProex be liable for loss of profits, consequential or indirect loss, exemplary or punitive damages and, in particular, LeoProex will not be responsible for interruption of production, business or sale derived from the delay, loss, theft or damage to the merchandise.
- LIMITATION OF LIABILITY.
4.1 The maximum liability that LeoProex may incur for the loss or damage of the goods is limited by the amounts established in the current regulations:
4.1.1. For land transport within Spain, the limitation provided for in Article 57 of Law 15/2009, of one third of the IPREM (public income index) per kilogram of gross weight of the damaged goods.
4.1.2. For international land transport, the limitation provided in the CMR Convention will apply in the amount of 8.33 Special Drawing Rights per kilogram of gross weight of damaged goods.
4.1.3. For international maritime transport, the limitation established in the Hague-Visby Rules or their implementing regulations shall be applied, i.e., the amount that is greater when applying 666.67 Special Drawing Rights per unit of lost or damaged cargo or 2 Special Drawing Rights per kilogram of gross weight of the damaged merchandise.
4.1.4. For national maritime transport, the same limitation of liability shall apply as that provided in the previous section for international maritime transport.
4.1.5. For international air transport, the limitation provided in the CMR Convention will apply in the amount of 19 Special Drawing Rights per kilogram of gross weight of damaged goods.
4.2. If LeoProex is liable for the damages resulting from the delay in delivery, or for any indirect loss or damage other than the loss or damage of the goods, its liability shall be limited to an amount not exceeding the equivalent of the transport price established contractually with LeoProex.
4.3. The accumulated liability of LeoProex shall not exceed the liability limits for the total loss of the goods.
4.4. These limits will apply to all claims that are directed against LeoProex, regardless of whether the claim is based on contractual liability or non-contractual liability.
4.5. In the case of a warehousing and storage services, LeoProex will limit its liability in accordance with the provisions of the Spanish Land Transport Act (Chapter 1 of RD 1211/90 applicable to auxiliary and complementary activities of transport) at EUR 4.5 per kilogram of gross weight of damaged goods.
5.1. It is stated that the party engaging the service may sign a supplementary insurance contract that covers the value of the transported goods upon declaring their value and payment of the corresponding premium.
- PRICE OF THE SERVICES.
6.1. The transport and other services carried out by LeoProex are understood to be engaged in accordance with the rates in force at the time of contracting and within the limits set forth therein. If no tariffs are published, the services will be performed at the usual or market prices corresponding to the place where the service is provided. Additional expenses that occur as a result of events or circumstances subsequent to the date of contracting or, as the case may be, the date of issuance of the shipping or transport documents, shall be borne by the customers, provided they are duly justified. and not due to the fault or negligence of any parties involved in the provision of contracted services.
6.2. Payment of any expenses and services provided by LeoProex, will be cash, except for special previously agreed conditions.
6.3. LeoProex will hold a right of pledge and/or withholding over the goods for any amounts due to it for the services entrusted by the same shipper and/or recipient or their respective representatives. LeoProex may enforce its right by any means it deems appropriate and that is admissible under the laws of the place where the rights are exercised or, failing that, the place of dispatch of the goods or the place where they must be delivered. If the goods are lost or destroyed, LeoProex is entitled to the same rights mentioned above regarding the compensation to be paid by insurance companies, transport companies or other parties.
6.4. In the event of delay in the payment of any expenses and services provided by LeoProex, the debtor will be obliged to pay the late payment interest established in Spanish Law 3/2004 of 29 December on measures to combat late payment in commercial transactions.
6.5 Likewise regarding the postponement of the payment of the invoices, this will be limited to the term agreed in each case with the customer, and in no case shall exceed the deadline of 60 days from the date of the invoice or performance of the service.
6.5. [sic] The customer must not offset or refuse to pay for the services rendered at the maturity of the invoices without the consent of LeoProex.
6.6. The customer is obliged to pay not only the price of the services contracted with LeoProex, but also any additional duly justified expenses incurred during the transport. In particular, both the shipper and the recipient will be jointly and severally liable towards LeoProex for the expenses incurred in delaying the reception/removal of the container at the port of destination.
- NOTIFICATION AND EXPIRY.
7.1. Claims for losses, breakdowns or delays cannot be brought if at the time of delivery of the respective shipments, the corresponding reserves had not been formalised. In the case of losses, breakdowns or delays in the material execution of the transport, the protests and reserves will be formulated in the terms and conditions indicated in the current regulations and in the terms established in the International Agreements that regulate the mode of transportation in question.
7.2. All claims regarding the services provided by LeoProex expire in the deadlines marked by prevailing legislation and, if appropriate, the international Conventions regulating the different transport modes, whereby the period of expiry begins to run according to the provisions of each regulation or Convention.
8.1. The sender and/or recipient expressly submit to the jurisdiction and competence of the Courts of Barcelona, waiving any other jurisdiction that may apply to them.
- DATA PROTECTION.
LeoProex informs that your data will be treated with the utmost confidentiality in accordance with LeoProex’s privacy and security policy, as established by Spanish Organic Law 15/1999, of 13 December on the Protection of Personal Data and Spanish Royal Decree 1720/2007 of 21 December.
1LeoProex informs you that it is the owner of the CUSTOMERS file, registered with the Spanish Data Protection Agency. The purpose of this processing is none other than the provision of services and the management of information requests.
If there are any changes in your data, please contact us in order to update them.
We also inform you that you have the power to exercise the rights of access, rectification, cancellation and opposition, as recognised by the Spanish Organic Law 15/1999 of 13 December. To exercise these rights, and for any clarification, you can contact us by email or post at PROMOCIÓN, EXPORTACIÓN Y SERVICIOS, S.A. with address at Carretera de Circunvalación, Tramo VI, Edificio Blau Port, 4th floor, to the attention of the Quality Department, marking the envelope with the word DATA PROTECTION.
[Letterhead of the Property Registry of Barcelona – Number M834381] REGISTRY OF MOVABLE PROPERTY OF BARCELONA Dispatch Note
Incoming: 20140007364 Journal: 16 Page: 964 Entry: 20140005871 Date: 03/02/2014 9:58:53
Doc. Date/Place: 03/02/2014, BARCELONA Document No.
Deed type: Deposit of General Contracting Terms
Presenter: PROMOCION EXPORTACION Y SERVICIOS SA
Applicant: Applicant PROMOCIÓN EXPORTACIÓN Y SERVICIOS SA TAX ID A08921363 General Conditions: GENERAL CONDITIONS OF LOGISTICS SERVICES CNAE Transport of goods by road Address CARRETERA
CIRCUNVALACION TRAMO VI EDIFICIO BLAU PORT 08040 BARCELONA, BARCELONA
Intervening: PROMOCION EXPORTACION Y SERVICIOS SA REPRESENTATIVE
The undersigned Property Registrar, having examined and qualified the document submitted, pursuant to the Registry Regulations and General Procurement Conditions, has resolved to make the entry applied for, at:
Page Application No. Applicant
1 20140005558 Applicant: PROMOCIÓN EXPORTACIÓN Y SERVICIOS SA TAX ID A08921363 General
Conditions: GENERAL CONDITIONS OF LOGISTICS SERVICES CNAE Transport of goods by road Address CARRETERA CIRCUNVALACION TRAMO VI EDIFICIO BLAU PORT 08040 BARCELONA, BARCELONA
Signed with a digital signature recognised in Barcelona on 18 February 2014 by FCO JAVIER GONZALEZ DEL VALLE GARCIA. Property Registrar, Barcelona.
Web Verification Service: https://www.registradores.org/csv
(*) CSV: 3080050KD12380D
(*) Security Verification Code: this code allows authenticity to be checked via electronic access to the records of the public institution or agency issuing this document. Paper copies of public documents issued by digital means and signed electronically shall be considered genuine copies provided they contain an electronically generated coded or other systems that allow their authenticity to be checked by accessing the electronic records of the issuing authority, body or agency. (Articles 30.5 of Law 11/2007 and 45b of Royal Decree 1671/09)
For the purposes of Spanish Organic Law 15/1999 of 13 December, on Data Protection, you are informed that:
- -The personal data contained in this document has been added to the Registry file and the files kept on the basis thereof, which are held by the Registrar for the uses and processing purposes expressly laid down in the registry regulations.
2- Insofar as they are compatible with specific Registry regulations, interested parties are granted the right to access, rectify, cancel and oppose the data as established by the Data Protection Act, exercising such right by addressing the Registry in writing.