Important Note: These conditions include important contract conditions applicable to all relations with any company belonging to GRUPO RAMINATRANS S.L. (hereinafter “RAMINATRANS”), some of which regulate the liability of the contracting parties and the limited liability of RAMINATRANS. It is important that you read them carefully and solve any doubts about them before contracting with RAMINATRANS.
SCOPE OF APPLICATION OF THE FOLLOWING CONDITIONS:
These general conditions apply to all logistics services offered by RAMINATRANS either acting as Contractual Carrier, Freight Forwarder, Carrier of Goods, Carrier, Customs server, Authorized Economic Operator, Warehouse, Logistic operator or while providing any other activity where these conditions may be applicable.
These general conditions are available to customers and to the general public at any of the offices that RAMINATRANS has in Spain and also at the company’s website (www.raminatrans.com/condicionesgenerales.html).
Furthermore, these General Terms and Conditions have been registered in the Registry of Movable Property of the province of Valencia; Folio 259, Asiento20190001633, Fecha 11/01/2019, número de predisponente 20190001147, folio 1.
The client agrees on the application of these terms and conditions to any request for delivery of service provided either verbally, by tetelex / fax, by email or by other means. Both in the emails and in all the documentation issued by RAMINATRANS there is an express reference to the incorporation of these terms and conditions and to the RAMINATRANS website where they can be consulted. These terms and conditions are accepted by the client at the time of ordering the service.
The client also accepts the clauses established in the BILL OF LADING, SEA WAYBILL, CMR or AIR WAYBILL issued by RAMINATRANS or any other transport document used in the provision of the services.
The client is committed to communicate to third parties with whom they may have hired about the existence, validity, applicability and acceptance of these conditions.
The limitations of the legal liability defined in these terms and conditions will also apply to any claim, whether civil, commercial, criminal, non-judicial, contractual, non-contractual or of any kind.
In case of non-acceptance of these conditions, the Client must expressly and clearly state his/her rejection to RAMINATRANS, in written form, within seven days after being informed about its applicability or, in any case, within the first seven days after the first reception or the notice of their incorporation or, otherwise, within seven days after finally ordering the service by the Client. After this term expires, the conditions will be considered validly incorporated to the contract.
a) Company: this means RAMINATRANS, S.L., as well as the different branch offices, agents and representatives of the group RAMINATRANS.
b) Client: the party that has engaged the services of RAMINATRANS, as well as whom the estimate, price, booking, correspondence, e-mails are addressed to. This includes the contractual shipper and effective shipper, the sender, the consignee, contractual consignee and effective consignee, owner of the goods or any person who has any interest in them, or any of the intermediaries, agents or dependents thereof. The Client is responsible for the full payment of the services provided by RAMINATRANS.
c) Contractual Shipper: it means the person who contracts on his own behalf the transport service and to whom the carrier is obliged to carry the service out.
d) Effective shipper: any person who has direct or indirect interest in the loaded cargo, including without being exhausted the seller of the cargo, the owner, the sender, or any third party subcontracted by them to act as intermediary in order to contract the transport service, other than RAMINATRANS.
e) Contractual Carrier: it means the person who assumes the obligation to carry out the transport service in his own behalf, regardless of whether he executes it by his own means or delegates its execution to other subjects.
f) Effective Carrier: means any person who materially executes the transport or any of its accessory phases, including, but not limited to, any logistical, storage operations, or custom formalities, or any other.
g) Contractual consignee: it means the person to whom the carrier must contractually deliver the goods at the place of destination.
h) Effective consignee: it means any person who has a direct or indirect interest in the reception of the goods, including, but not limited to, the buyers, owners, financing banks of the operation and the owner of the goods.
i) Liability of several subjects: When these Terms and Conditions hold several subjects liable of any breach of these conditions, expense or analogous concepts, this liability will always be joint, unless there are mandatory regulations applicable to the case that establish the contrary.
1. GENERAL CONDITIONS
1.1. If there are no specific instructions, RAMINATRANS may choose the itineraries, means and modes of transport and other accessory conditions and/or prior or subsequent to the transport that, in its opinion, are the most appropriate to carry out the transport and/or delivery of the goods in the best conditions and develop as many additional services that may have been contracted by the Client.
1.2. The goods will always be shipped at the Client’s expense and risk and the insurance will only be included according to the instructions received from the Shipper or Contractual Consignee in written form as applicable.
1.3. If the Contractual Consignee does not take charge of the partial or total cargo upon arrival, it shall be placed at the port at the risk and expense of the Client or the corresponding party, according to the Law or, if applicable, the trading customs observed at the place of delivery. All expenses generated by these actions will be borne by the Client. From the moment in which the goods should have been taken charge of the contractual consignee, the risk of the cargo would be assumed by the Client.
Whether the Contractual Consignee would not take charge of the total or partial cargo at its arrival, it will be placed at the risk and expense of the Client o whom corresponds, according to the Law or, when applicable, in the trade customs observed in the place of delivery. Every expense generated on behalf of the Client. From when the goods should be received by the Contractual Consignee, the risk will be on behalf of the Client.
2. GOODS AND PACKAGE DESCRIPTION.
2.1. The client guarantees to RAMINATRANS the accuracy of the goods in relation to the characteristics, description, marks, numbers, quantity, weigh and volume, responding the Client of the liability of loss, damages, failures and/or penalties that may be produce on third parties the inaccurateness of data aforementioned, as well as the related to inadequate or faulty packaging, or misused that cause loss or damage to the goods or handling equipment or means of transport, even though those inaccurateness or deficiencies appears in operations not executed directly by RAMINATRANS, who will be compensated in addition for the additional expenses that for such causes cause.
2.2. Cargo orders for hazardous good shall be given prior notice by the Contractual Shipper 24 hours before the required deadlines for conventional goods. Any shipment of hazardous goods shall comply with the ADR/IMDG rules that are in force at any time. The Contractual Shipper and the Client are the only ones responsible for complying with the current legislation, both in packaging, documentation, trademarks, bill of ladings and any other requirement needed to the carriage of the mentioned cargo, exonerating RAMINATRANS from any liability arising from a breach of third parties.
In case of omission or insufficient information, the Contractual Shipper and the Client shall be liable for the damages caused by the cargo, entitled RAMINATRANS to reimburse the expenses incurred for such reason and being exonerated from any liability if the goods have to be discharge, destroyed, neutralized of rendered harmless, as circumstances require and with no right of compensation.
2.3. In the event that containers or other equipment are ceded, the assignment of the equipment is granted on a personal and non-transferable basis “inter vivos” to the ASSIGNEE, which is explicitly restricted to it, without prejudice to the outsourcing that the ASSIGNEE may make in the exercise of its activity.
In the event that containers or other equipment are ceded, the assignment of the equipment is granted on a personal and non-transferable basis “inter vivos” to the ASSIGNEE, which is explicitly restricted to it, without prejudice to the outsourcing that the ASSIGNEE may make in the exercise of its activity. The ASSIGNEE guarantees that it has the administrative licenses for the exercise of the activity, including the mandatory authorization of the Port Authority when appropriate. Also, the vehicles used will meet the suitable conditions to the transport of the shipment in question.
The ASSIGNEE shall inspect the unit, including the “payload” of the CSC plate, and confirm that it is suitable for shipping and destination, being entitled to reject at that time the equipment it deems unfit for scheduled boarding. The ASSIGNOR undertakes to provide a new one in that same act. The ASSIGNOR shall not accept subsequent claims or extra costs by the ASSIGNEE derived from the omission of inspection by itself.
The ASSIGNEE agrees to indemnify and hold RAMINATRANS and/or the ASSIGNOR harmless from any liability related to the delay in the return of the equipment, the improper use of the equipment and/or the administrative, civil and criminal responsibilities that may arise during the transport by action or omission.
In addition, expressly but not exclusively, the Assignee undertakes to pay the price of the assignment and any type of delays and /or additional expenses of occupation or any type related to the delay in the return of the assigned equipment. In the event that RAMINATRANS was extrajudicially or judicially requested to pay any amount, delay, expense, or liability derived from the use, delay in the return, or breaches made by the ASSIGNEE, the ASSIGNEE undertakes to pay RAMINATRANS on first demand the amounts that RAMINATRANS can prove that they have been the object of mere extrajudicial or judicial claim by a third party, without the need to have any judgment. In the event that the ASSIGNEE wants to discuss the reality or amount of these claims, it can avoid payment if it issues a guarantee on first demand, guaranteeing to RAMINATRANS full satisfaction of the amounts claimed or claimed and the expenses of all kinds, including without being exhaustive those of the lawyer, solicitor and experts eventually related to the discussion of the reality or number of such notices or claims.
2.4. The guarantees and obligations of the Contractual Carrier and Client included in the previous points are extended, in the case of shipments to the USA. The Contractual Carrier and the Client are responsible for the prior requirements of information and documentation necessary for importation in that country that are required by the authorities at any time, responding for its accuracy and timeliness. Likewise, the Contractual Carrier and the Client shall be responsible for any expenses, damages and losses that may arise from any breach, without RAMINATRANS being responsible for the consequences derived from not having been able to inform US Customs of the nature of the shipment with the prescribed notice or failure in the import documentation. In case of omission or insufficient information, the Carrier and the Client shall also be liable for the damages caused.
3. DOCUMENTATION OF THE CONTRACT
The transport contracted will be covered by a waybill, bill of lading, land waybill, air waybill, delivery note, etc issued by RAMINATRANS or its agents, which shall be in accordance with and comply with the applicable national laws and international conventions, and whose clauses shall apply between RAMINATRANS and the Client. If there is any discrepancy between those documents and these Terms and Conditions or if there is any gap, priority will be given, in this order: first, the bill of lading, sea waybill or other transport document used; secondly, the present Terms and Conditions; and third, any other existing document or documentation.
As an exception to this rule, any mention set out in bills of lading, sea waybills, land, air waybills and any other document that aggravates in any way or imposes a higher responsibility that the ones established by these Terms and Conditions or any applicable national or international shall be null.
4.1. Unless the applicable regulations exclude liability for all or any of these cases, RAMINATRANS shall be liable for the damages resulting from the loss, breakdown or delay in delivery if the event that caused the damage had taken place between the time it takes charge of the goods and the time in which the delivery takes place. However, it shall not be responsible:
- Fault or negligence of the Client or his authorized representative.
- Packing, labelling and defective or absence of thereof, as long as RAMINATRANS has not been in charge of executing the packaging, marking of the goods. Likewise, RAMINATRANS shall not be responsible for the packaging of the goods of which the content cannot be verified.
- War, rebellion, revolution, insurrection, usurpation of power or confiscation of nationalization or requisition by or under the orders of a government or a public or local authority.
- Strike, lockout or other labour disputes that affect work.
- Damage caused by nuclear energy.
- Natural disasters.
- Cases of force majeure.
- Circumstances that RAMINATRANS could not have avoided and whose consequences it could not foresee.
- Vices and inherent nature of the goods.
- Incorrect labeling or badge.
- Other causes of exoneration established in current agreements or legal provisions.
RAMINATRANS shall not be responsible for the loss or damage of the goods, unless this loss or damage occurs while the goods are in custody and under control of RAMINATRANS and before provide it to the Client, as of which moment RAMINATRANS shall not be responsible in any case.
RAMINATRANS shall not be responsible if the goods have been carried by the Client or its representative.
RAMINATRANS shall not be responsible for the consequences that may arise in loading or unloading operations that have not been carried out by RAMINATRANS.
RAMINATRANS shall not be responsible for loss, damage or expenses arising from insufficiency or imperfection in connection with the number, content, weight, brands or description of the goods.
In addition, RAMINATRANS may benefit from any exemptions from liability, limitations of liability, deadlines of complaint or exercise of actions, and even optionally as decided by the jurisdiction clauses that apply to contract carriers or any other subcontractor that has been used to execute the orders received.
RAMINATRANS shall only be responsible for mistakes made in the documentation or delivery of the goods if it has committed serious fault or gross negligence. And, in such cases, its liability shall be limited to 2.5 times the value of the freight.
4.2. RAMINATRANS shall not be responsible for compliance with instructions given after the issuance of the shipping or transport documents, as well as for any contingency arising from said subsequent instructions.
4.3. When the responsibility arises from events or acts occurred during the execution of the transport, if RAMINATRANS should be subrogated, in no case shall exceed the responsibility assumed by the railway, navigation, air, road transport companies, of warehouses of deposit, or of any intermediate that intervenes in the carriage, in accordance with the regulations and international conventions in force.
4.4. When the transport is carried out by two or more different means of transport, the responsibility of RAMINATRANS shall be the applicable to the regulations of each phase or mode of transport. When it is not possible to determine the phase of the journey in which the damage occurred, the responsibility of RAMINATRANS shall be decided in accordance with the provisions of Law 15/2009 on land transport of goods contract. Likewise the protest for losses, faults or delays in the goods shall be governed by the rules applicable to the mode of transport in which the delivery of the goods is made or should be made.
4.5. In no case RAMINATRANS shall be liable for loss of profits, consequential, indirect, exemplary or punitive damages and in particular there will be no liability of RAMINATRANS for interruption of production, business or sale resulting from the delay, loss, theft or damage to the goods or fines, penalties, claims for losses due to depreciation or penalty clauses, fluctuations in currency exchange or the value of the goods, taxes or fees increased by the Authorities, whatever the cause.
4.6. As Freight Forwarder, Commission merchant or Logistic Operator, RAMINATRANS shall be responsible for the organization of the transport and shall respond for the breach of its contractual obligations, in the cases and circumstances and only during the period of responsibility foreseen in the national legislation and in the International Conventions applicable, and always under the same circumstances and occupying the same position as if it were the Effective Carrier.
4.7. As warehouse keeper and depositary, RAMINATRANS shall be responsible only for the damages to the goods that are produced as a result of a breach of its contractual obligations in the cases and circumstances foreseen in the applicable regulations. RAMINATRANS responsibility will begin at the moment the goods are delivered to its employees, and it will end at the moment in which it leaves its stores for its transport. If the Client does not require counting and / or weighing of the goods prior to the storage of the same, the Client waives the right to claim the losses that may occur when they are delivered, unless he can prove that this cause is due to a theft case.
4.7. As a customs broker, RAMINATRANS shall be liable only for the damage caused by its own fault or negligence, but will not respond in any case in situations where it has followed the instructions of the Client. Likewise, the Client accepts that he is the taxpayer and that RAMINATRANS only acts following his instructions.
5. LIMITATION OF LIABILITY
5.1 The liability of RAMINATRANS regarding loss or damage of the goods, if there is no mandatory regulation, is limited to a maximum of the price paid for the transport or service provided. As an exception:
5.1.1. For land transport within Spain, it shall apply the limitation provided in the Article 57 of the Law 15/2009, about one third of the IPREM per kilogram of gross weight of damaged goods.
5.1.2. For international land transport, the limitation provided in the CMR Agreement shall apply, the amount of 8´33 Special Drawing Rights per kilogram of gross weight of damaged merchandise.
5.1.3. For international maritime transport, it shall apply the limitation provided in the Hague-Visby Rules or regulations that develop them, that is, the value of the goods expressly declared in the bill of lading or, in the absence of such declaration, the amount that is greater than 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 goods.
5.1.4. For national maritime transport, it shall apply the same limitation of liability as that provided in the previous one for the reference included therein in the Shipping Act.
5.1.5. In air transport, it shall apply the limitation provided in the Montreal Convention, the amount of 19 Special Drawing Rights per kilogram of gross weight of damaged goods.
5.1.6. Any clause that exists in any other document different than these Terms and Conditions that directly or indirectly implies the increase of the quantitative limits established in this section shall be null and void.
5.2. Unless peremptory rule otherwise, if RAMINATRANS would be 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 equivalent to the price of transport under the contract with RAMINATRANS. In any case, the delivery times indicated to the Client will always be considered approximate, and will be subject to the whims of the means of transport used. In the event that the Client wishes to be guaranteed the delivery of the goods in a specific time frame, it must be expressly indicated by the Client when contracting the transport service and, in order to be binding, it must be expressly in writing accepted by RAMINATRANS.
5.3. The accumulated liability of RAMINATRANS will not exceed the limits of liability for the total loss of the goods.
5.4. These limitations shall apply to all claims that are adressed against RAMINATRANS, regardless of whether the claim is based on contractual liability or non-contractual liability.
5.5. In the event of a warehousing and depot service, RAMINATRANS shall limit its liability in accordance with the provisions of the LOTT (Chapter I of Royal Decree 1211/90 applicable to auxiliary and complementary activities of transport) at 4´5 Euros per Kilogram of gross weight of damaged goods.
5.6. RAMINATRANS shall only be responsible for mistakes made in the documentation or delivery of the goods involving serious fault or gross negligence. And, in such cases, its liability shall be limited to 2´5 times the value of the freight.
6. LIMITATION OF THIRD PARTY LIABILITY
RAMINATRANS is authorized to select and contract forwarders, carriers, warehouse operators, customs agents, shipowners, shipping companies, airlines, charter brokers and any other agents if the transport, storage, handling and delivery of goods if required, all of which will be considered independent agents of RAMINATRANS.
The goods will be entrusted to them under all these conditions (such as limitations of liability for loss, damages, expenses or delay in delivery), rules, regulations, stipulations and applicable conditions whether written, printed or stamped, appearing in road maps, delivery letters, bills of lading and receipts issued by freight forwarders, carriers, warehouse operators, etc. or those contained in the applicable national laws or international conventions.
7. RESPONSIBILITY OF EMPLOYEES/DEPENDENTS
Any direct legal action against employees and/or dependents of RAMINATRANS, whether they are fixed or temporary, for loss or damage of the goods, will only be possible within the limits contemplated in clauses 5 and 6. In case of joint legal action against RAMINATRANS and its employees, whether they are fixed or temporary, the maximum compensation will not exceed the limits stipulated in clause 5.
8.1. RAMINATRANS does not assure the loss or damage during the hauling, storage or transport of the goods or provision of any other service, unless the Client specifically instructs it in writing, in which case you must pay the corresponding amount.
8.2. When RAMINATRANS is specifically instructed by the Client to arrange the insurance of the goods, it will always contract on behalf of the Client, acting as uninsured policyholder. The Client expressly accepts that RAMINATRANS is authorized to introduce a clause of non-subrogation against RAMINATRANS of the potential claims that the insurer may start once the casualty has been paid.
8.3. The terms and conditions of the insurance will be those fixed in the insurance policy contracted, which will be at the disposal of the Client upon express request.
8.4. RAMINATRANS shall not be responsible for any disputes or claims that may arise between the Client and the insurance company hired, as a result of the insurance of the goods.
8.5. When the Customer insures the goods, he expressly undertakes to introduce a non-subrogation clause against RAMINATRANS. In case of not doing so, the Client expressly assumes the obligation to hold RAMINATRANS harmless from any claim arising from the breach of this clause.
9. PRICE OF CONTRACTED SERVICES
9.1. The transports and other services that are the object of the RAMINATRANS activity are understood to be contracted according to the rates in force at the time of contracting and within the limits set forth therein. If there are no tariffs, the contracting will take place at the usual or market prices corresponding to the place where the same is made. The additional expenses that occur as a result of events or circumstances after the date of the contract or, as the case may be, to the date of issuance of the shipping or transport documents, shall be borne by the clients, as long as they are duly justified and not due to fault or negligence of any of those who have intervened in the provision of contracted services.
9.2. The payment of any expenses and services provided by RAMINATRANS will be made in cash, unless special conditions previously agreed.
9.3. In relation to the goods, RAMINATRANS has the right of pledge and /or retention for all the amounts owed in relation to the services ordered by the same Shipper and /or Consignee or the Agents of one or the other. RAMINATRANS may enforce its right by any means considered as appropriate admissible under the laws of the place where the rights are exercised or, failing that, the place of delivery of the goods or the place where they must be delivered. If the goods are lost or destroyed, RAMINATRANS shall have the same rights mentioned above regarding indemnities that are paid by insurance companies, transport companies or others.
Unless express legal provision otherwise, this right shall be extended to all shipped goods even if they do not correspond to the shipments for which the Customer owes the invoices.
9.4. In case of delay in the payment of any expenses and services provided by RAMINATRANS, the debtor will be obliged to pay the late payment interest established in Law 3/2004 of December 29 about measures to combat late payment in business operations.
9.5. Likewise, with regard to the deferral of the payment of the invoices, it will be limited to the term agreed in each case with the client, not being able to exceed the expiration of the invoice of 60 days from the date of the invoice or execution of the service.
9.6. The Client could not legally or judicially offset, or refuse to pay for the services rendered at the expiration of the invoices without the consent of RAMINATRANS.
9.7. The Client is obliged to pay not only the price of the services contracted with RAMINATRANS, but also any additional duly justified expenses incurred during the transport. In particular, expenses incurred due to the delay in collecting/receiving the container at the port of destination (container delays, occupancy costs …) shall be jointly and severally liable both the Shipper and the Consignee against RAMINATRANS.
10. RIGHT OF RETENTION AND NOTARIAL PROCEEDINGS
RAMINATRANS has the right in any case in general and in particular to retain the carried goods and documentation of Clients who have not paid the owed amounts due to the services entrusted to them, as well as when the Client fails to comply with the payment terms agreed with RAMINATRANS, in which case such agreement shall be considered invalid or opposable and all unpaid amounts will be considered immediately and automatically due, having RAMINATRANS a right of retention over all the goods that are under its power. Additionally, it may enforce any other right of retention admissible according to the law.
RAMINATRANS shall have the right to urge any notarial file that the law allows.
The Client shall be responsible for the damage or loss suffered in the goods, especially if they are perishable, due to the right of retention or notarial file that RAMINATRANS or its agents have had to carry out.
If the goods on which the right of retention or notarial file was intended to be lost or destroyed, RAMINATRANS shall have the same aforementioned rights regarding compensations that are paid by insurance companies, transport companies, etc.
Unless express legal provision otherwise, this right shall be extended to all shipped goods even if they do not correspond to the shipments for which the Client owes the invoices.
11. NOTIFICATION Y PRESCRIPCTION
11.1. Unless peremptory rule otherwise applicable, actions for losses, breakdowns or delays may not be exercised if at the time of delivery of the respective shipments, the corresponding reserves had not been formalized. In the case of losses, breakdowns or delays in the effective execution of the transport, and the regulations are mandatory, protests and reservations must be formulated in the terms and conditions indicated in the current regulations and those established in the international agreements that regulate the mean of transport in question.
11.2. All the actions related to the services provided by RAMINATRANS prescribe/expire in the period of time indicated in the current regulations and, where appropriate, the international agreements that regulate the different means of transport, beginning to run the term of prescription or expiration depending on what is established in each regulation or Agreements.
12. SURVIVAL CLAUSE
If, for any reason, any clause of these terms and conditions, or part of them, is declared void, invalid or unenforceable, or if there is any omission of information by RAMINATRANS by a Judge of institution with sufficient competence and capacity, the rest of the clauses will remain fully valid and applicable.
Unless peremptory rule otherwise, the Client expressly submits to the Spanish Law and to the jurisdiction and competence of the Courts of Valencia, waiving any other jurisdiction if any.
14: BASIC DATA PROTECTION INFORMATION.
Responsibility of: Raminatrans, S.L.
Purpose: The purpose of is for the provision of contracted services and billing.
Legitimation: Execution of a contract.
Recipients: No data will be transferred to third parties outside the contracted service.
Conservation periods: Personal data will be maintained for the duration of the provision of service. At the end of it, they will be maintained for a period not exceeding thirty-six months or during the legally stipulated periods. The justification for the maintenance of your data is the legitimate interest of being able to maintain a new contractual relationship with you in the future and the agility provided by the possession of your data for the execution of the contract.
Rights: You can exercise your rights of access, rectification, deletion, portability, limitation or opposition to the processing of your data, through an instance that you can request. You can file a claim with the Data Protection Agency in case you have not been able to exercise your rights.
Additional information: You can consult detailed information on data protection at www.raminatrans.com.
Updating your data: As long as you do not tell us otherwise, we will understand that your data has not been modified, committing you to notify RAMINATRANS of any variation in them. If there is a change in your data, please contact us in order to update them.