Version 21/06/10

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.   The price of the service takes into account the weight, dimensions and number of packages indicated by the customer. Any consequences which may arise from incorrect communication of such data will be charged to the customer.

1.4. 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 worker, in which case payment must be made in advance, before the start of the service.

1.5. Invoice and transport documents are sent by email. If required by post, the extra cost will be 25€.

1.6. The process of rendering the transport service shall be considered to have begun once the vehicle carrying out the contracted transport begins its journey to the place of loading where it must collect the contracted transport goods.

1.7. In case of a cancellation of the transport service that is attributable to the Customer and that is not the result of a force majeure event, the Customer shall pay the expenses that HIRUTRANS GARRAIOAK S.L. had incurred in order to organise this service. If the vehicle is in or near to the place of loading or has already started its journey to the place of delivery, the Customer may be asked to pay the cost of all of the service.

 2.1. The gross weight of the goods must match that provided by the Customer prior to the commencement of service provision (according to clause 1.5) and must match that indicated in the CMR (or consignment note).

FLEX Service: In the event of excess loading that is attributable to the Customer (with regard to what has been declared and/or mentioned in the CMR consignment note), if, according to the regulations in force, the goods can be loaded, the Customer shall pay an additional charge that takes the excess weight into account; if only some of the goods can be loaded, they shall pay the total agreed price; if nothing can be loaded, they shall pay the expenses that may have been generated in order to organise the service, and may be asked to pay all of the costs.

PREMIUM Service: In the event of excess loading that is attributable to the Customer and that makes it impossible to provide the service, the Customer shall pay the expenses that may have been generated in order to organise the service, and may be asked to pay all of the costs.

2.2.   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.  

HIRUTRANS GARRAIOAK, S.L. shall not be liable for damages and consequences arising from operations that it is not obliged to perform in accordance with the regulations in force.

2.3. The Customer accepts that (i) transhipments and warehousing may be made in the contracted transport, if necessary and that (ii) the transport may be subcontracted.

3.1. Estimated transit time under normal road conditions and based on vehicle load. Loading and delivery times are also estimated, unless otherwise agreed.

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

3.3.   In general, HIRUTRANS GARRAIOAK, S.L. 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 General Conditions of Contract available on our website and subsidiarily to the following transport regulations (CMR Convention: international transport, Spanish legislation LCTT and LOTT: national transports, that is, those in which the point of loading and delivery are within the same country).

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. The applicable Law shall be the following: The CMR Convention regarding international transport and the Spanish LCTT and LOTT legislation regarding national transport. (According to the definition contained in clause 4.1)

5. Nature and value of the goods

5.1.  The goods transported must be duly packaged, stowed and conditioned in accordance with their nature. They must be safe for shipment. The shipper is exclusively responsible for adequately performing said operations.

5.2. The Customer’s indication of the value of the goods shall not entail an increase in the transport company’s limit of liability, which is set by the regulations in force, except if the parties expressly and in writing agree otherwise. Similarly, nor can it be considered a special declaration of value, only considering as such those that strictly comply with the provisions of the aforementioned regulations.

5.3. As a general rule, transport of the following goods, in accordance with the list of EXCLUDED items, are EXCLUDED:

Armaments, military materials, spare parts and/or equipment; Goods that may be subject to illegal, prohibited or clandestine sale or transport; Gold, silver or other precious metals; bank notes, bearer papers, documents and negotiable instruments; Jewels or items of jewellery and premium metals; Precious stones and real pearls; Goldsmith premium metalwork; works of art, antiques or rarities of an agreed value; Lace thread, embroidery or fabrics with premium metals or real silk lace; Collections of any kind; Animals, trees, plants and flowers; Dangerous goods (IMO) except ADR exemptions; Explosive goods (except division 1.4S); Radioactive items; House removals or personal effects; Vehicles or any other form of transport (this category includes motorcycles except if the Customer indicates, expressly and BEFORE accepting the price of the transport service, the model, type of packing material and type of cargo); Tobacco, wine and liquor; Lottery or betting prizes; Goods that contain combustible substances. Blood, plasma, body fluids and biological material.

If the Customer wishes to transport one or more of the EXCLUDED items from the list above, they must communicate this expressly and in writing BEFORE the provision of services begins (according to clause 1.5). In such cases, HIRUTRANS GARRAIOAK S.L. shall investigate the possibility of rendering the service, but may reject the request without having to pay any expense or compensation to the Customer.

If the Customer does not make this communication within the timeframe and in the manner described, it will be presumed that the transported goods do not contain any of the EXCLUDED goods in the previous list.

If this communication from the Customer is made once the provision of services has begun (according to clause 1.5), the Customer shall be solely liable for any damages, loss and/or delays relating to these goods, which may affect them, HIRUTRANS GARRAIOAK S.L. and/or third parties. HIRUTRANS GARRAIOAK S.L. remains totally exempt from any liability in relation to these goods.

5.4. The following shall be considered SPECIAL goods: Metal coils and sheets; pharmaceutical products; fruit and perishable temperature-controlled goods; used or damaged goods; goods returned to origin.

If the goods to be transported are considered SPECIAL according to the previous list, the Customer must communicate this expressly to HIRUTRANS GARRAIOAK S.L. BEFORE the start of the provision of services (according to clause 1.5). The Customer shall assume any potential costs that may derive from non-compliance with this.

5.5. Goods that meet the preceding requirements shall be considered “OK to transport”. HIRUTRANS GARRAIOAK S.L. 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”.

5.6.  Upon contracting the transport service with HIRUTRANS GARRAIOAK S.L., unless otherwise expressed in writing and in an irrefutable manner by the Customer PRIOR to the START of the said transport service, (according to clause 1.5) it is presumed that the goods transported in the contracted shipment are “OK to transport”.

This document summarises the terms and conditions under which the transports contracted by the Customer with HIRUTRANS GARRAIOAK, S.L. will be carried out. Except when otherwise expressly stated in writing sufficiently prior to the commencement of the transport services (according to clause 1.5), the Customer shall be deemed to accept in full the present Terms of Service and the Standard Terms and Conditions of Engagement of HIRUTRANS GARRAIOAK S.L. published in its website, and any previous agreement that could contradict any of them shall be void. As a result, there is a substitution of the main conditions previously agreed upon.