Select a chapter of standard conditions:
(1) The transport of loaded and empty containers by sea and/or road and/or rail , including storage and handling at terminals, is subject exclusively to the conditions hereinafter set out , regardless of whether claims are based on contract or on tort. General conditions of the shipper are not accepted. The following conditions are deemed to be mutually agreed on handing over of the container(s) at the latest, Irrespective of whether or not the applicability of the conditions has been confirmed in writing. Any alteration or modification of the following conditions has to be in written form.
(2) Agreements between the shipper and any third party are not to be taken into account.
(3) BLL is entitled to sub-contract to other companies (sub-carriers) the whole or part of the performance of the contract. If the legal relations between BLL and such subcontractor do not conform to the following conditions then, as between BLL and the shipper, only the conditions of the contract between them are applicable, provided they are not inconsistent with any law which cannot be departed from by private contract
(4)BLL is carrier or storekeeper within the terms of the Bulgarian Commercial Law.
Orders for carriage have to be notified well in advance.
3.Routes and means of transport
(1) Within the scope of these conditions CCS undertakes properly and carefully to carry the containers to their place of destination and to offer them for delivery and/or to take them into storage.
(2) The carriage is to be performed by ship, truck or railway in accordance with what is decided by BLL in their sole discretion. BLL also determines the route for the carriage of the containers which they have accepted for transport.
(3) If it is in the interest of BLL they are, without prior notice to shippers, entitled to transship the goods from one vessel to another vessel, to lighter or to discharge the goods, to carry them on by other means of transport (truck/railway) or to store them ashore under cover or in the open.
(4) BLL is entitled but not obliged by themselves or by sub-contractors to load or to unload the containers into or from the means of transport. In such case the containers are properly to be handed over and shall be received in the same manner.
4.Obligations of shipper
(1) The shipper is obliged at the place of loading /place of handing over according to instructions by BLL to hand over the containers properly stowed and to procure that the provisions applicable for the stowage within the container are duly observed. The shipper also has to procure that at the place of discharge/place of delivery the containers are received in the sequence as determined by BLL.
(2) The containers are to be handed over properly closed.
(3) Prior to shipment the shipper has to provide all data relating to the transport, in customary and detailed manner, in particular to describe the containers as to type and number, weight, contents, order and condition and to deliver, together with the containers, all necessary documents, in particular, those related to harbor, customs, health and other regulations.
(4) Inflammable, explosive, radioactive or otherwise noxious cargoes have to be declared as hazardous in the sense of any applicable law and duly to be categorized. At the time of giving the order for carriage in each individual case the shipper is obliged, in written form, to notify the carrier of the specific kind of danger and to describe the applicable precautionary measures as well as, together with the handing over of the containers ,to pass on the certifying documents ADNR/ADR (European Convention on International Carriage of Dangerous Goods on the road or on inland waterways) or any other documents provided for by the respective law. If, relating to the carriage of goods within the meaning of the first sentence of this subparagraph, a claim is raised against BLL and if, in consequence of such claim is raised against BLL and if, in consequence of such claim, BLL takes recourse against the shipper it is up to the latter to prove that BLL has been served with the written notice as provided for by the provision contained in the second sentence of this subparagraph.
(5) The shipper is responsible for all damages and costs which may be incurred by BLL due to wrong or insufficient data in the documents accompanying the transport or to late delivery of such documents or to insufficient marking of the containers.
(6) The shipper is obliged to indemnify BLL against all damages which, in connection with the performance of the contract of carriage, may be incurred by BLL or their servants. The same applies in connection with the transport of crude oil or oil products in case of damages for which the carrier is responsible by application of strict law.
5.Measures caused by particular dangers
(1) Goods, the dangers of which have, contrary to what is provided by para.4 subparas.3 and 4,not been declared to BLL may at any time and at any place be discharged or rendered harmless without liability of BLL and without prejudice to CCS right to the agreed freight.
(2) If the goods are not declared hazardous and they are or are liable to become a danger to persons or other goods BLL is entitled to destroy them without compensation to the shipper and without prejudice to their right to the agreed freight.
(3) From the time of handing over the goods mentioned in subparas. (1) and (2) the shipper is liable to pay all costs connected with the carriage. On demand of BLL the shipper is obliged to dispose of such goods or render them harmless.
6.Liability of BLL
(1) Within the limits set by the provisions of para.8 of these conditions, BLL is liable for loss of or damage to containers and/or their contents which, during the period from loading until discharge, have been caused by the negligence of BLL or their servants or agents employed for the purposes of this contract of carriage, provided, however, that no other liability applies according to any mandatory law.
(2) If containers and their contents are stored on BLL-owned terminals BLL are liable according to within the limits of para.8 of these conditions.
7.Exceptions from liability
(1) BLL are not liable for damages which arise for the following reasons:
a. acts or omissions of the shipper,
b. insufficiency of packing or inadequacy of marks,
c. condition of the goods,
d. strikes, lockouts or other restraints of labor which BLL could not prevent,
e. carriage of nuclear or any other radioactive materials, or if
f. the goods are carried in sealed containers and, at the time of delivery, the seals are unbroken,
g. the goods have been carried in containers which were not packed by BLL and the damage has been caused by the manner in which the containers have been packed or by the unsuitability of the goods for carriage in containers or by the unsuitability or defective condition of the container.
(2) If, under the circumstances of the case, a damage could have been caused by anyone of the perils mentioned in subpara. (1) above it shall be presumed that the damage has been so caused unless proof to the contrary is being produced.
8.Scope of BLL liability
(1) In case of loss of a container or its contents the compensation which BLL have to pay shall, notwithstanding what is said in subpara.(4) of this paragraph, be calculated according to the current exchange вЂ“ or market price and, if there are no such prices, according to the normal value the container and its contents had at the time and place of receipt by the carrier. BLL are not liable for indirect or consequential damage.
(2) In case of damage to a container and its contents the compensation which BLL have to pay shall not exceed the difference between the value as calculated according to subpara. (1) of this paragraph and the proceeds of sale of the container and its contents in damaged condition , but shall be limited by the amount of compensation payable for total loss.
(3) The amounts payable according to subparas. (1) and (2) are to be reduced by any savings of duties ,particularly, customs duties which are the consequence of any loss of or damage to containers.
(4) BLL liability according to subparas.(1)and(2) howsoever arising shall be limited as follows:
a. with respect to any container transported to a maximum of carriers liability contracted for transportation,
b. with respect to goods transported to 8.33 Units of Account (Special Drawing Rights of the international Monetary Fund) for each kilogram of gross weight lost or damaged
c. with respect to each accident to a maximum of carriers liability contracted for transportation which amount is to be apportioned pro rata of damage suffered in case more than one shipper is effected by the accident
(5) BLL shall be entitled to any further limitations of liability if provided for by the applicable law.
9.Damage by delay
BLL are responsible for damage caused by delay in the delivery of containers only if certain dates for carriage or delivery have been agreed upon in writing. In such cases the liability of BLL is subject to the same conditions , exceptions and limitations as in the case of physical loss or damage. However ,if damage by delay occurs the liability of BLL shall be limited to the amount of freight which had to be paid for the container effected by the delay.
10.Exclusion of claims
(1) The shipper undertakes that claims will not be raised against BLL by anyone else but by himself.
(2) The shipper, further ,undertake that no claim shall be made against any servant of BLL or against any person by whom the carriage or any part thereof is performed which imposes or attempts to impose on any such person or any vessel owned by such person any liability whether or not arising out of negligence on the part of such person. Without prejudice to the foregoing ,every such person shall have the benefit of all rights, exceptions and limitations benefiting BLL as if such provisions were expressly for his benefit and, in entering into this contract, BLL, to the extent of this provisions, do so not only on their own behalf but also on behalf of such person.
(3) If, despite what is said in subparas .(1) and (2) above, a claim should nevertheless be raised the shipper will indemnify BLL against all consequences thereof.
11.Liability in tort
All provisions containing exceptions, modifications or limitations of BLLвЂ™ liability shall extend to claims in tort.
12.Notification of claims
(1) After removal of the container into the custody of the receiver a claim for damages can be raised against BLL only if ,in case the damage is apparent, written notice of such damage is given immediately upon removal into the custody of the receiver and, if the damage is not apparent ,such notice is given seven days upon such removal. Substance and form of the notice of damage and of any survey are subject to the laws and customs of the port at the place of destination.
(2) If loss of or damage to a container or its contents has not been notified and surveyed in time and form prescribed above the removal into the custody of the receiver shall be prima facie evidence of the delivery of the container and its contents by BLL in such condition as they had been when handed over to BLL and if it should be proved that loss or damage had actually occurred it shall be presumed that BLL is not responsible for such loss or damage.
(1) Claims against BLL shall be time-barred as follows: -in case of a partial loss one year after delivery of the container, -in case of total loss and an agreed date of delivery one year and thirty days after such date of delivery one year and sixty days after handing over of the container to BLL, -in all other cases one year and three months after conclusion of the contract of carriage, unless the damage resulted from an act or omission of BLL done with intent to cause damage or recklessly and with knowledge that damage would probably result, in which case claims shall be time-barred after three years.
(2) The time of the prescription period commences -in case of partial loss on termination of the day at which the container has been delivered, -in case of total loss on termination of the day at which the loss occurred, -in case of total loss in which the date of the occurrence is unknown on termination of the day at which the container has been handed over to BLL.
(3) Claims which are time-barred cannot be set off against any other claims.
General average is subject to the Rhine Rules Antwerp-Rotterdam,1979,as amended from time to time. Depending on the discretion of BLL appointed adjuster at a place to be determined by BLL. In each and every case in which the liability of BLL is either excluded or limited BLL is liable to render contributions due from cargo even if the danger has been caused by the act neglect or default of BLL servants or agents .Cargo is not entitled to withhold payment of any such contributions or to set off against them any claims for damages or recourse. In all such cases the right of BLL to compensation for any sacrifices, losses or expenses of a general average nature remains unaffected.
15.Right of set-off within groups
(1) The shipper agrees that claims against him to which either BLL or companies of the BLL group (enterprises of a group according to and enterprises at home and abroad with which BLL is linked by at least 50 per cent) are entitled do do belong to BLL and said companies severally and jointly.
(2) If the shipper holds claims against BLL or any of the companies belonging to the BLL group, then BLL and the companies belonging to the BLL group are entitled to set off against such claims any counterclaim held by CCS or by any of the companies belonging to the BLL group. The shipper expressly waives his rights under belonging to the BLL group. The shipper expressly waives his rights.
(3) The provisions as to(1) and (2) above are applicable even if ,on the one side, payment in cash and on the other, payment by bills of exchange have been agreed upon, or if the mutual claims are due at different dates, for which the date of value is essential. In case of current accounts this rights refers to the balance as from time to time existing.
16.Place of jurisdiction/Final provisions
(1) For all disputes place of jurisdiction is Sofia. However, BLL has the option to bring an action against the shipper or the receiver also in the courts of the locality where the shipper or the receiver have their principal place of business.
(2) All contracts are subject to Bulgarian law.
(3) If it is found that one of the above provisions is ineffective such provision shall, to the extent of such ineffectiveness but no further, be null and void.
(4) These conditions are issued in a English version and an Bulgarian translation of which only the English version shall govern.