General Terms and Conditions:
I. Contract Execution
This contract is considered fulfilled when the goods to be delivered to the recipient are received either by the recipient or by their representative.
If the cargo is not delivered on the agreed date, the contract execution cannot be completed unless the recipient accepts the cargo in full or in part.
II. Rights and Obligations of the Parties
The party responsible for the transport must accept this transport order in writing before loading the goods. In the absence of such written confirmation, loading the goods and departure of the transport vehicle should be considered as acceptance of the terms mentioned in this transport order.
If within 1 hour after receiving this order, it is not declined by the carrier with a justified reason, it is considered confirmed. In case of non-performance of the transport, the carrier owes compensation for the actual damages caused according to the Obligations and Contracts Act, but not less than 400 BGN for each vehicle requested for loading. In case of willful misconduct by the carrier, fraud, or failure to show up at the loading address, refusal of transport after loading, the responsibility for the damages caused is not limited only to the conditions of the CMR Convention but extends to the actual incurred and proven damages.
The transport order is considered accepted and the above conditions and obligations are deemed agreed upon with the notification of the vehicle’s registration numbers. Changing the vehicle’s registration numbers does not affect the validity and effect of this transport order. In case of a change of the registration number, "NEXT SPED" Ltd. must be notified, and a valid Carrier’s Liability Insurance (CMR), meeting the conditions under item 2.6, must be provided.
The transport order can also be confirmed electronically, but its conditions cannot be changed unless they are thoroughly discussed and approved by both parties.
The party conducting the transport of the goods must comply with and adhere to the laws and regulations of the countries through which the transport is carried out at all times.
The carrier is obliged to provide a technically sound vehicle, suitable for the assigned transport, equipped with all necessary documents and a valid Carrier’s Liability Insurance (CMR) for a minimum coverage of 8.33 SDR/kg, but not less than 250,000 euros per damage, as well as a valid license and all other necessary documents for carrying out international transports. Upon request from "NEXT SPED" Ltd., the insurance policy must be presented immediately. In the absence of valid Carrier’s Liability Insurance (CMR), the carrier is liable for all damages in full. If the insurance does not cover the full value of the transported cargo, the carrier must inform "NEXT SPED" Ltd. and not commence transport without written permission from "NEXT SPED" Ltd.
The carrier must provide the vehicle in good technical condition (for refrigerated transport - functional refrigeration unit and thermograph for refrigerated vehicles) with provided transport documents. The cargo vehicle and the trailer used for the transport must be suitable for the specific transport, duly protected, cleaned, and in good technical condition, and must provide the necessary conditions to prevent damage to the transported goods. If the vehicle is not equipped according to the order or is in faulty technical condition, it is considered not submitted on time. The vehicle must be equipped with 18 serviceable belts for securing, anti-slip pads, corner protectors, a helmet, glasses, metal-protected shoes, gloves, and any other equipment necessary for the safety of the cargo, driver, and third parties. The cargo compartment must be thoroughly cleaned and free from residual odors from previous loads/transports. The carrier must notify "NEXT SPED" Ltd. if equipment provided from the loading address is used. In such cases, if future charges are imposed for this, they will be re-invoiced to the carrier and deducted from payments for future transports.
The vehicle driver must be present throughout the loading and unloading of the transported goods, monitor the integrity of the packages and their exact number, secure the loads in a suitable manner to prevent damage, comply with traffic rules in all countries through which the transport passes, not make stops in unauthorized and/or unsecured places, be instructed about all requirements of this transport order, monitor the compliance of the loaded cargo and the CMR waybill, ensure the stamping of the Certificate of Origin EUR1 and the invoice for the incoming customs, as well as the presence and compliance of all other necessary documents. When the carrier does not have the necessary means to check the above data, they enter objections in the CMR waybill, which must be justified, and notify "NEXT SPED" Ltd.
When transporting goods under temperature control, if the temperature specified in this order differs from that set by the sender, the carrier must contact "NEXT SPED" Ltd. before leaving the loading address to clarify the correct values to be set on the refrigeration unit. Otherwise, in case of non-compliance with the temperature regime requirements specified in this order, "NEXT SPED" Ltd. reserves the right to direct the client’s claim to the responsible carrier.
The carrier must provide "NEXT SPED" Ltd. with information on the location and movement of the vehicle daily by no later than 10:00 AM Bulgarian time, as well as notify them in writing of the expected date of arrival at the unloading point no later than 24 hours before the unloading deadline. In case of missing or incorrect information regarding the loading, movement, or unloading of the vehicle, the carrier owes a penalty of 200 euros for each non-compliance.
The carrier is obliged to check and monitor the accuracy of the data entered in the CMR waybill, and in case of discrepancies, to enter the corresponding remark at the time of loading and to notify "NEXT SPED" Ltd. of this. In case of damage to the packages and the inability to monitor their number, the carrier must enter their remarks in section 18 of the CMR waybill before the sender (at the loading address) or the recipient (at the unloading address) has stamped the CMR waybill.
If a customs officer removes the seal of the cargo compartment and takes part of the goods, the driver must record the quantity taken in the CMR waybill or make a protocol, with the remarks certified by a customs stamp.
The carrier is obliged to comply with customs formalities in the country and abroad. The carrier is fully responsible for errors and damages resulting from ignorance or non-compliance with customs regulations in the Republic of Bulgaria and all other countries through which the transport passes.
The carrier is obliged to inform "NEXT SPED" Ltd. in writing and immediately of all transport delays, any deviations from the normal route, as well as possible additional costs (penalties, fines, etc.). "NEXT SPED" Ltd. undertakes to pay only additional costs for which it has been notified in advance and has given its explicit written consent. In case a fine or additional costs arise due to a reason for which the sender/assignor is responsible, all costs are fully covered by the responsible party, according to applicable national and/or international law.
The carrier must park only and exclusively in a secured parking lot. If this is not possible, parking in an unsecured parking lot is allowed as an exception and only after written confirmation from "NEXT SPED" Ltd.
The free time for loading and unloading is 48 hours for EU countries and 72 hours for non-EU countries (excluding Saturdays, Sundays, and official holidays), not including possible stays for customs formalities. Claims regarding penalties for extraordinary stays must be submitted in writing within 24 hours of releasing the vehicle, amounting to the actual damages caused, but not more than 10 euros per hour and 100 euros per day. Claims will not be processed if not accompanied by the original CMR waybill, certified by the recipient with a name, signature, and arrival and release time stamps.
The carrier must follow the sequence of the indicated loading/unloading points specified in the order.
The carrier is obliged to deliver the cargo to the recipient specified in the order and in the CMR waybill, unless "NEXT SPED" Ltd. orders otherwise, and to sign all necessary documents, including the CMR waybill, upon receipt and delivery of the cargo.
When the entire trailer (entire cargo compartment) is ordered for loading, negotiating with other forwarders or shippers for the transport of additional groupage shipments is not allowed, except with the explicit written consent of "NEXT SPED" Ltd. as the forwarder. When the order is for groupage shipments that can obviously be transported together with other groupage shipments, the carrier must appropriately separate the cargo under this transport order of "NEXT SPED" Ltd. as the forwarder, and not accept for transport other groupage shipments that could damage the shipment under this transport order.
The carrier must immediately notify "NEXT SPED" Ltd. as the forwarder in the event of any of the following circumstances:
a) discrepancies between the data on the CMR waybill and the goods ordered with this transport order, addresses, and/or markings;
b) detection of obvious damages to the transported goods and/or their packaging;
c) the presence/entry of any objections or remarks in the CMR waybill by the shipper, recipient, or the carrier themselves;
d) the occurrence of any circumstances or changes in circumstances that could directly or indirectly affect the precise and timely execution of this order-contract;
Notifications under this clause must be made in writing and sent to "NEXT SPED" Ltd. as the forwarder by email immediately, but no later than 24 hours after their occurrence. Otherwise, the carrier bears full financial responsibility for any adverse consequences resulting from the lack of proper notification.
21. The carrier is obliged to familiarize each of their employees and/or vehicle drivers with the requirements necessary for the execution of this transport order.
III. Payment Regulations
"NEXT SPED" Ltd. undertakes to pay the carrier remuneration for the performed transport according to the terms of this transport order. In the absence of written objections upon receipt of this transport order electronically, the carrier explicitly agrees that in the event of a claim for damage, "NEXT SPED" Ltd. will not make payments until the circumstances of the claim are clarified. After determining liability for the claim, "NEXT SPED" Ltd. undertakes to pay the due amounts to the carrier within 14 days.
The payment term is calculated from the date of receipt of the original invoice and the original CMR waybill, confirming the receipt of the cargo by the final recipient without remarks.
The original invoice with two original CMR waybills and all transport documents must be sent within 14 days from the date of unloading. If the invoice for the transport arrives after 30 days, it will be subject to a 60-day payment term from the date of receipt.
The invoice must contain the following details:
The date of the tax event must be the date of unloading the vehicle, as stated in the CMR waybill;
The invoice must be issued no later than 5 days from the date of the tax event (date of unloading);
The invoice must arrive at the office of "NEXT SPED" Ltd. with a signature and stamp, or for electronic invoices, the identification code of the accountant, replacing the signature and stamp;
The vehicle number on the invoice must match that on the CMR waybill;
Correctly spelled relation of the performed transport;
The transport order number from "NEXT SPED" Ltd.
Any change in the carrier's bank account must be explicitly communicated in advance. If the change occurs but is not explicitly mentioned, payment to the previous account constitutes valid payment under this transport order.
The freight charge includes all taxes and transport costs that can be attributed to the normal execution of international road freight transport.
All details related to the transport of the cargo, remuneration, and any other commercial arrangements are strictly confidential and must not be disclosed to third parties.
IV. Responsibilities and Penalties
In case of incorrectly provided registration numbers of the composition or subsequently changed without valid reasons and timely notification of "NEXT SPED" Ltd. as the assignor, "NEXT SPED" Ltd. reserves the right to impose a one-time penalty of 200 euros on the carrier.
Unless "NEXT SPED" Ltd. provides its written consent, the cargo cannot be transferred to another vehicle. If this action is carried out, a one-time penalty of 1000 euros will be imposed on the performing party.
For refusal to execute this transport order made on the agreed loading date or in the previous 5 days, without the explicit written consent of "NEXT SPED" Ltd. as the forwarder, "NEXT SPED" Ltd. reserves the right to impose a penalty of 100 euros.
Loading the vehicle with any other goods not included in the transport order of "NEXT SPED" Ltd. is allowed only with the explicit prior written consent of "NEXT SPED" Ltd. In case of non-compliance with this condition, "NEXT SPED" Ltd. reserves the right to impose a penalty of 200 euros for each separate violation.
The carrier must deliver the cargo on the agreed delivery date. If it fails to do so, "NEXT SPED" Ltd. reserves the right to impose a penalty of 100 euros for each day of delay. If the transport cannot be completed on time, the performing party must inform about this event in writing no later than 24 hours before the delivery date. Failure to do so will result in a one-time penalty of 100 euros. In the event of a delay claim made by the client, "NEXT SPED" Ltd. reserves the right to direct it to the carrier in full amount, along with the incurred losses and missed benefits associated with the non-performance under this transport order.
Upon assigning or subcontracting the entire transport order or any of its provisions to a third party, "NEXT SPED" Ltd. reserves the right to impose a penalty of 200 euros. Effective assignment of subcontractors can occur only if "NEXT SPED" Ltd. provides explicit written consent for this action. If the carrier performs the transport wholly or partially with the involvement of other carriers/subcontractors and/or subsequent carriers, it is liable for their actions as if they were its own.
In case of direct contact with a client of "NEXT SPED" Ltd. without its explicit consent before, during, or after the transport, the carrier owes "NEXT SPED" Ltd. a penalty of 100 euros for each violation.
If the carrier has explicitly accepted the order without objections but fails to show up on the agreed day and time to load the goods, "NEXT SPED" Ltd. reserves the right to impose a penalty of 100 euros for each non-compliance.
"NEXT SPED" Ltd. is not responsible for arrangements and commitments made by the carrier in direct contact with the sender or recipient. Any additional instructions given by the recipient or sender must be communicated and accordingly confirmed by "NEXT SPED" Ltd.
The carrier has no right to withhold the goods under this transport order and must satisfy all claims for damages and/or shortages under the conditions of the Automobile Transport Act and the Convention on the Contract for the International Carriage of Goods by Road (CMR) within 5 working days after receiving the relevant claim and invoice for the damage.
V. Additional Provisions
The provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the Automobile Transport Act are applicable and considered included in this transport order.
All special conditions regarding the execution of the assigned transport are considered incorporated in this transport order. The carrier declares that it is explicitly familiar with them and accepts them.
All disputes arising from this transport order or related to it or to additional agreements to it, including disputes arising from or related to interpretation, invalidity, non-performance, or termination, will be resolved by mutual agreement, with the possibility of initiating a mediation procedure. If no agreement is reached between the parties, the dispute is referred to the Arbitration Court at the Bulgarian Chamber of Commerce and Industry in accordance with its rules.
The assigning party reserves the right to make changes to the conditions of this transport order in writing.
The performing party is obliged to comply with the rights and obligations of the carrier according to the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the local legislation of the country through which the transport will be carried out.
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Published on: 01.01.2021