1. Contractual Basis Spedhire's present general terms and conditions apply to any agreement entered into in writing or orally between Spedhire and the client concerned.
Any quotation submitted is not binding the parties until confirmed - be it orally or in writing.
Spedhire conducts as well international as national transportation in accordance with the provisions of the CMR Act, unless otherwise specifically agreed between the parties and Danish legislation does not otherwise preclude this.
The provisions of the CMR Act limit Spedhire's liability for loss, deterioration or damage to the goods to SDR 8.33 per kg gross weight of damaged / lost goods for international transport.
For domestic transport is Spedhire's liability for loss, deterioration or damage to the goods limited to SDR 8.33 per kg cargo up to the weight that the authorities have approved the vehicle to carry.
Any quotation, transit and delivery time is subject to weather and traffic conditions as well as other conditions, including national and international measures and restrictions that Spedhire could not avoid and / or whose consequences Spedhire could not prevent.
Significant exceedances of kilometers and time consumption in relation to the planned route due to closed roads, canceled ferries and the like are settled at half price. Any other additional cost will be settled at cost.
Any delay / waiting time, which can be related to any of the above, is settled per hour up to 6 hours. Any delay / waiting time exceeding 6 hours shall be settled at a day rate from commencement of the delay / waiting time.
The following circumstances shall exempt parties from liability if they prevent fulfillment of the agreement or make it unreasonably burdensome:
Labor conflicts and other circumstances beyond the control of the parties, such as recommendations from authorities on health crises, epidemics or similar outbreaks, fire, war, mobilization or unforeseen military conscription, requisition, confiscation, currency restrictions, riots, transport shortages, general shortage of goods and consumerables, fuel restrictions and deficiencies or delays in deliveries from subcontractors caused by one of the above circumstances.
Circumstances as mentioned above, which had occurred before the submission of the offer / the conclusion of the agreement, entail discharge from liability only if their influence on the fulfillment of the agreement could not be foreseen at this time.
It is the responsibility of the parties to notify each other without undue delay if circumstances as mentioned above should occur. If written notification is not possible, notification must be done orally and be followed up in writing as soon as possible.
Furthermore, it is the responsibility of the parties as far as possible to help limit the consequences, including additional financial costs of an unforeseen event.
In the event of any inconsistency between the terms of the agreement, the following hierarchy applies:
1. The written agreements of the parties 2. Spedhire's present general terms and conditions 3. The CMR Act 4. Nordic Freight Forwarders' Association's General Regulations (NSAB 2015), where the foregoing is insufficient
The hierarchy of rules in paragraphs 1-4 above exhaustively sets out the contractual basis of the parties. Special terms, conditions or specifications which are not explicitly accepted by Spedhire, as part of the agreement between the parties, can not be invoked against Spedhire.
2. Quotation / Order Quotations from Spedhire generally only apply at the time of the final order confirmation, if the task can be performed with Spedhire's own equipment and their own equipment is available when the job is scheduled to take place.
All offers include a total of 20 minutes for loading and unloading, unless otherwise agreed.
Offers are exclusive of all costs of loading and unloading as well as personnel and equipment that may be required for this, unless otherwise specifically agreed.
3. Postponement / Cancellation Postponement / cancellation of ordered assignments must take place no later than 24 hours before the assignment is to take place.
In the event of late postponement / cancellation, Spedhire reserves the right to charge up to 50% of the agreed transport price.
Spedhire reserves the right to cancel a suspended transport assignment if their own equipment is not available at the time for the postponement.
4. Advisory / Counseling The transport technical advice that Spedhire may provide in connection with a transport assignment is based solely on the experience that Spedhire has at any given time in terms of transportation. Spedhire assumes no responsibility in this context, as Spedhire's advice and transport technical service are to be considered as guidance only.
5. Payment Spedhire’s general terms of payment are "Current month +10 days" from the invoice date, unless another payment term has been agreed specifically with the individual client.
Applicable payment terms will appear on the invoice.
If payment is not made in accordance with terms, Spedhire is entitled to charge fees and default interest in accordance with the Danish Interest Act. The interest is calculated from the due date.
If prices are based on foreign currency, Spedhire reserves the right to settle at the rates and fees that applies at the time of settlement. Any cost settled in foreign currency against Spedhire is settled at current exchange rate incl. any currency charges.
In the event of the client's breach of the terms of payment, Spedhire shall have the right to immediately suspend further deliveries, claim compensation for the resulting losses and claim all debts paid immediately, regardless of agreed payment terms and regardless of any other condition to the breached agreement.
If, at Spedhire's discretion, the client's ability to pay is significantly impaired after the conclusion of the agreement, Spedhire is entitled to demand immediate payment.
Complaints from the client do not fully or partially justify the client to withhold the payment.
6. Transit Time / Delivery Time If a delay at the start of the transport or during the execution of the transport is due to the client's act or omission, the transit and/or delivery time may be extended to an extent that will be reasonable according to the circumstances.
If the delivery time is postponed at the client's request, delivery will only take place to the extent that Spedhire is capable of delivery.
Spedhire can also either complete delivery before the expiry of the original contract period or in agreement with the client, return the goods or involve a third party for the execution of the delivery. Any additional costs of involving a third party will be at the client's expense.
7. Liability for defects of delivered Consignments Spedhire's liability for defects in the delivered goods only covers defects which can be attributed to fault or negligence on the part of Spedhire, and is otherwise limited by the following circumstances:
a. The provisions of the CMR Act limit Spedhire's liability for loss, deterioration or damage to the goods to SDR 8.33 per kg gross weight damaged / lost goods by international transport
b. By domestic transport, Spedhire's liability for loss, deterioration or damage to the goods will be limited to 8.33 SDR per kg of goods up to the weight that the authorities have approved the vehicle to carry
c. Reservations for complaints must be stated at time of unloading in case of visible defects / deficiencies and otherwise within seven days after the deficiency is or should have been discovered, Sundays and public holidays not included unless they are included in the recipient's normal working hours
d. Complaints must be made in writing. If a complaint is not made in accordance with these guidelines, the defect can not later be addressed to Spedhire. Spedhire's liability for defects ends regardless of whether the defect has not been discovered or should have been discovered no later than 1 year after delivery
e. In the event of deviations in quantities, Spedhire reserves a margin of plus / minus 5% regardless of the above. Thus, the discrepancy between what is picked up and what is delivered within this spectrum does not constitute a defect for which Spedhire can be held responsible
f. Spedhire is under no circumstances liable for operating losses, lost profits, lost earnings, indirect losses or consequential losses
8. Impediments to Deliveries according to paragraphs 6 and 7 Spedhire is not responsible for non-fulfillment of its obligations due to force majeure, war, riots, civil unrest, government intervention or recommendations from the authorities on health crises, epidemics or similar outbreaks, fire, strikes, lockouts, exports and / or import bans, deficiency of labor, restrictions on fuel, accidents, mobilization or unforeseen military conscription, currency restrictions, lack of transportation, lack of energy, general shortages of goods and consumables, or other causes beyond Spedhire's control.
If defective or timely delivery is temporarily prevented by one or more of the above circumstances, so that the delivery time is thus delayed for a period corresponding to the duration of the obstacle, delivery is considered timely in all respects.
Spedhire may in agreement with the client, return the goods or involve a third party for the execution of the delivery. Any additional cost for returning or involving a third party will be at the client's expense, unless otherwise agreed.
However, if the impediment to delivery may be expected to last longer than 30 days, Spedhire shall be entitled to cancel submitted offers and to terminate agreements entered into so that this does not constitute a breach of contract and so that each party bears its own costs in connection with the repeal.
It is the responsibility of Spedhire, if they wish to invoke certain circumstances set out in this paragraph, without undue delay, to notify the client in writing of the occurrence and termination of the circumstances. If written notice is not possible, the notice, also without undue delay, must be made orally and followed up in writing as soon as possible.
9. Limitation of Losses The party claiming breach of the contract is obliged to take all necessary measures to limit the loss, deterioration or damage of the goods to the extent that he can do so without unreasonable cost or inconvenience.
If the concerned party does not, the other party may be entitled to a reduction of the amount of compensation corresponding to the costs that could reasonably have been avoided if mitigating measures had been taken.
10. Insurance Spedhire is only obliged to take out statutory insurance for the transporting vehicle and equipment used. Only by special agreement does Spedhire take out other insurance for the transport, including goods insurance.
NB! With reference to Spedhire's limitation in relation to liability and compensation, it is always recommended that the contracting part or the owner of the goods take out their own insurance on the full value of the transported goods.