Terms and Conditions (EN)

GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF TRANSPORT SERVICES APPLICABLE TO THE CARRIERS/SUBCONTRACTORS OF "NEXT SPED" LTD

These General Terms and Conditions (GTC) are an integral part of all transport requests made by "NEXT SPED" Ltd., UIC: 201358568 (hereinafter referred to as the "FORWARDER") to carriers/subcontractors (hereinafter referred to as the "CARRIERS") and are considered agreed upon by the parties upon acceptance of the transport request for execution.

DEFINITIONS

For the purposes of these General Terms and Conditions, the following terms and definitions are used in the meaning specified herein:

"FORWARDER" refers to "NEXT SPED" Ltd., UIC: 201358568, with registered office and management address: Sofia region, Sofia Municipality, Sofia city, "Yordan Stratiev" Str. No. 2G, 3rd floor, office No. 8. Within the present GTC, the meaning of the term "FORWARDER" is not limited solely to the definitions contained in the provisions of the Commercial Law regulating freight forwarding and transport contracts.

"CARRIER" means the contractor/subcontractor hired or engaged by the FORWARDER through a transport request for the execution of transactions and services organized by the FORWARDER.

"CLIENT" or "ASSIGNOR" refers to the individual or legal entity that has assigned the FORWARDER the organization/performance of the transport of the GOODS/CARGO.

"OWNER" refers to the individual or legal entity that holds the ownership right over the GOODS/CARGO at the time of transport.

"SHIPPER" refers to the individual or legal entity responsible for loading the GOODS at the loading location.

"GOODS" or "CARGO" represent the subject of the transport services performed by the CARRIER under these GTC, including any packaging, container, or protective equipment for the cargo during transportation, loading, or unloading.

"FTL REQUEST" (Full Truck Load) refers to a transport request for goods that occupy the entire cargo space of the transport vehicle or a partial load occupying the full cargo space.

"LTL REQUEST" (Less than Truck Load) refers to a transport request for goods that do not occupy the entire cargo space of the transport vehicle.

"TRANSPORT UNITS" refer to trucks, trailers, semi-trailers, containers, wagons, tanks, and all other facilities specially designed for cargo transport by land, sea, or air.

"DANGEROUS GOODS" refer to GOODS/CARGO whose storage, handling, or transport is regulated as hazardous by the legislation of the country of the SHIPPER, the RECIPIENT, or any country through which the GOODS/CARGO transit, as well as applicable international regulations.

"HANDLING" refers to physical operations organized and/or performed by the FORWARDER or its subcontractor with the CARGO/GOODS, including unloading, loading, arranging, securing, packaging, counting, weighing, etc.

"INSTRUCTIONS" refer to all written requirements specified by the CLIENT to the FORWARDER, which the FORWARDER has accepted for execution.

"FORWARDING DOCUMENT" refers to any document issued on behalf of and at the expense of the FORWARDER related to the transport, storage, or handling of GOODS/CARGO, including waybills, bills of lading, warehouse receipts, or other transport documents.

I. SUBJECT AND SCOPE

1. These GTC regulate the rights and obligations of the parties in the performance of transport services and related transactions concluded between the FORWARDER and the CARRIER.

2. These GTC apply if the above-mentioned transactions and services are carried out in one of the following ways:

For consideration or free of charge;
By explicit or implied agreement or assignment;
As a separate service or as part of another service;
By assignment from the SHIPPER, RECIPIENT, or other interested parties.

3. All activities and services performed by the CARRIER upon assignment by the FORWARDER, the contracts concluded, and the documents signed between them are subject to these GTC and applicable mandatory legal norms, including the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR), and the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) (where applicable), along with all resulting rights and obligations, including claims, unless explicitly and in writing agreed otherwise by the parties. For cases not regulated by the aforementioned acts, Bulgarian law applies unless the parties explicitly and in writing agree otherwise. The CARRIER unconditionally accepts that with each assignment of a given activity by the FORWARDER, regardless of the method of assignment, a contract is concluded with the FORWARDER, of which these GTC form an integral part.

II. CONTRACT EXECUTION

4. The contract assigned by the FORWARDER to the CARRIER is considered executed when the GOODS to be delivered to the RECIPIENT are accepted either personally by them or by their representative.

5. If the CARGO is not delivered on the agreed date, the contract execution cannot take place unless the RECIPIENT fully or partially accepts the CARGO.

III. RIGHTS AND OBLIGATIONS OF THE PARTIES

6. In the execution of activities and related transactions subject to these GTC, the FORWARDER may act as:

AGENT, in which case the FORWARDER acts on behalf and at the expense of the CLIENT and/or OWNER and is only liable for its own misconduct in performing its authorizations;
COMMERCIAL REPRESENTATIVE, in which case the FORWARDER acts in its own name but at the expense of the CLIENT and/or OWNER;
OPERATOR, in which case the FORWARDER acts in its own name and at its own expense.

7. The party performing the transport is obligated to accept the transport request sent to them in writing before loading the goods. In the absence of such written confirmation, the loading of the goods and the departure of the transport vehicle from the loading to the unloading address shall be considered as acceptance of the terms specified in the sent transport request.

8. If the transport request is not rejected by the CARRIER in writing with a valid reason within 1 hour after receiving it, it is considered accepted and confirmed. If the request is rejected later than 1 hour after receiving it and the transport is not carried out, the CARRIER owes a penalty in the amount of the actual damages caused according to the Obligations and Contracts Act, but not less than 400 BGN for each vehicle declared for loading. In the case of culpable behavior by the CARRIER, fraud, or failure to appear at the loading address, refusal of transport after loading, the liability for the damages caused is not limited to the conditions of the CMR Convention, but extends to the actual and proven damages suffered.

9. By accepting the request, the CARRIER undertakes to fulfill it in accordance with the terms and deadlines of the request, the instructions of the FORWARDER, and these General Terms and Conditions. After accepting the request, the CARRIER is obliged to send the same to the FORWARDER by fax or email, signed by an authorized representative of the CARRIER, and within two days of its acceptance – in original to the FORWARDER’s address. If the CARRIER fails to provide a LOADING UNIT at the loading address within the time specified in the request, this will be considered a delay and will be sanctioned according to these General Terms and Conditions. Without affecting any other rights herein, if the CARRIER fails to provide a LOADING UNIT at the loading address within the time specified in the request, the FORWARDER has the right to terminate the transport contract at any time after the delay occurs, with immediate effect, and to claim a penalty of EUR 500 (five hundred euros). The FORWARDER has the right to cancel the request at any time before loading by providing written notice to the CARRIER. If the FORWARDER cancels the request before the scheduled loading day, they are not responsible to the CARRIER for the consequences of the cancellation. In the event the request is canceled on the loading day, the FORWARDER's responsibility is limited only to paying the actual, properly documented expenses incurred by the CARRIER (lost profits will not be compensated).

10. The transport request is considered accepted, and the above-mentioned terms and obligations are considered agreed upon upon notification of the registration numbers of the transport vehicle. A change in the vehicle's registration number does not alter the validity and effect of the submitted transport request. In the case of a change in the registration number, "NEXT SPED" Ltd. must be notified and provided with a valid "Carrier's Liability Insurance for Road Cargo" (CMR), in accordance with the terms of these General Terms and Conditions.

11. The transport request may be confirmed electronically, but its terms cannot be changed unless written consent is provided by both parties.

12. The CARRIER must comply with and observe the laws and regulations of the countries through which the transport is carried out at all times.

13. The FORWARDER has the right to monitor the performance of the assigned transport service at any time, to receive up-to-date information on the geographical location of the TRANSPORT UNIT with the GOODS, any deviations from the transport completion deadlines, expected delays in loading/unloading, to alter the CARRIER’s route during transport, to give instructions to the CARRIER if necessary, and to load additional GOODS into the TRANSPORT UNITS used by the CARRIER for an additional fee.

14. The CARRIER must conduct its operations in a manner that is both lawful and in line with professional industry standards, and maintain a safe working system according to the guidelines of these laws and rules. The CARRIER is obligated to familiarize the driver and provide detailed instructions for safe and secure transport, in accordance with these General Terms and Conditions. The CARRIER is obliged to inform the specific driver of the vehicle through which the transport will be carried out that they must be present throughout the entire loading and unloading process of the goods accepted for transport. The driver must monitor the integrity of the packaging and the exact number of packages, and secure the cargo in an appropriate manner that prevents any damage.

15. The CARRIER is obligated to provide a technically operational vehicle suitable for performing the assigned transport (for refrigerated transport – a working refrigeration unit and thermograph for refrigerated vehicles), equipped with all necessary documents, GPS, mobile phone, or similar technology to ensure reliable and regular communication regarding the status of the transport. The vehicle must have a clean, dry, and sound floor, clean, dry, and secure cargo space, a sturdy tarpaulin, load capacity according to the declared cargo + 3.5 tons (in case of mechanized loading with a forklift), 15 secure straps, at least 2 loading boards, sealant ropes, anti-slip mats, corner pads, and everything else necessary for the safety of the CARGO. The CARRIER must ensure the equipment requested in the transport request. If there is no such special request, the CARRIER must provide appropriate equipment, considering all other conditions of the request. The CARRIER guarantees that all transport and technical means, auxiliary, warning, protective, and securing materials, equipment, control and recording devices used for carrying out the agreed transport services are in perfect technical condition and comply with the requirements in the loading, unloading, and transit countries. Upon arrival at the loading address, if the vehicle is not equipped with appropriate cargo securing equipment as specified in the request (straps, corner pads, securing boards, tires, etc.), the CARRIER must immediately inform the FORWARDER and quickly procure the necessary equipment at their own expense from the nearest supplier. If the equipment is provided by the loading address, the cost will be borne by the CARRIER, and the amount paid by the FORWARDER will be deducted from the CARRIER’s due amount, and the CARRIER must compensate the FORWARDER if no amounts are due. Any compensation amounts for expenses made, etc., will be deducted from amounts due to the CARRIER, if applicable. The CARRIER is obligated to notify "NEXT SPED" Ltd. if equipment provided by the loading address was used. If the request contains a request for pallet exchange, the CARRIER is obligated to return the empty pallets; otherwise, they are responsible for all damages incurred by the FORWARDER. In such a case, if any specific charges are incurred in the future, they will be re-billed to the CARRIER and deducted from payments for other transports. While at the loading/unloading address, the driver is obligated to have personal protective equipment for their own safety (standard items include a safety helmet, eye protection glasses, earplugs/anti-noise devices, protective boots with steel toes, gloves, reflective jacket) and to comply with the internal rules of the respective location. Otherwise, the CARRIER will be responsible for all incurred damages. If the vehicle is not equipped according to the request or is in poor technical condition, it is considered not submitted on time.

16. The CARRIER is obligated to perform the request with their own CARGO UNITS. Hiring a subcontractor is only allowed with the prior explicit written approval of the FORWARDER. If this condition is not met, the CARRIER owes a penalty of EUR 1,000 (one thousand euros) for each individual violation.

17. Loading and/or overloading of goods into a truck/trailer, other than those initially declared, is not permitted without explicit prior written confirmation from the FORWARDER. Otherwise, the CARRIER owes a penalty of EUR 500 (five hundred euros) for each specific violation of this obligation.

18. The CARRIER is obligated to provide a vehicle with valid "Carrier's Liability Insurance for Road Cargo" (CMR) for the tractor and trailer used for transport, with 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 performing international transport. Upon request from "NEXT SPED" Ltd., the insurance policy must be presented immediately. If the CARRIER lacks valid "Carrier's Liability Insurance for Road Cargo" (CMR), the CARRIER is responsible for all damages in full, and the FORWARDER has the right to withdraw the transport request at any time without owing any penalties or compensation for that. Additionally, if the CARRIER does not have valid "Carrier’s Liability Insurance" at the time the transport is assigned, the FORWARDER has the right:

19. To take out such insurance at the CARRIER’s expense with an insurer chosen by the FORWARDER, if the transport has not yet started:

Or to take out cargo insurance during the transport (cargo insurance) at the CARRIER’s expense with an insurer chosen by the FORWARDER, if the transport has already started.
In both cases, the FORWARDER has the right to offset the insurance premiums paid by them with the amounts owed to the CARRIER for the specific transport or other transports assigned by the FORWARDER.
If the insurance does not cover the full value of the transported goods, the CARRIER is obligated to inform "NEXT SPED" Ltd. and not start the transport without written permission from "NEXT SPED" Ltd.
The CARRIER is obligated to safeguard the CARGO with the care of a good merchant from the moment of acceptance for transport until delivery. For this purpose, the CARRIER is obligated to transport the CARGO in an appropriate vehicle, meeting the relevant technical and sanitary requirements to preserve it in terms of both quantity and quality.

20. The CARRIER is obligated to ensure and maintain all necessary permits, road tolls, and visas required by the applicable regulations in the relevant legislation for performing the transport from the loading place to the unloading place, as well as for passing through transit countries, including all labor and social legislative acts related to the driver, applicable foreign laws, or mandatory provisions such as the minimum wage, etc. The CARRIER is responsible for fulfilling this obligation, including by all their subcontractors. Otherwise, the CARRIER will be responsible for all damages incurred, but at a minimum, for each violation, the CARRIER will pay a penalty to the FORWARDER in the amount of EUR 5,000 (five thousand euros), which is due for immediate payment. The CARRIER is obligated to provide, upon request from the FORWARDER, all required documents regarding the payment of labor wages to each of its workers/employees performing work or labor within the territory of the Federal Republic of Germany, for each working hour. Such documents may include payment orders, a declaration from the worker/employee stating that they have received wages equal to or greater than the minimum wage as per MILOG, or an explicit confirmation from the CARRIER’s accountant proving compliance with MILOG requirements.

21. In cases where it has been agreed to engage the entire vehicle, loading the vehicle with any other goods, other than those described in the request, is prohibited, unless the CARRIER has received subsequent instructions for additional loading from the forwarder. If this agreement is violated, the CARRIER owes a penalty equal to the agreed freight for each individual violation.

22. The CARRIER is obligated not to accept for transport used goods, goods for exhibitions and fairs, goods in unconventional packaging, non-palletized cartons, or goods under customs control, without prior explicit written permission from the FORWARDER.

23. The driver of the vehicle must be present during the entire loading and unloading of the accepted goods, ensure the integrity of the packaging and its exact count, secure the goods in an appropriate manner to prevent damage, comply with traffic regulations in all countries through which the vehicle passes, avoid unauthorized, unlit, unguarded, and/or unregulated areas, be instructed on all requirements of the transport request, and verify the accuracy of the loaded goods and the CMR consignment note. If the CARRIER does not have the necessary means to check these details, they must include objections in the CMR consignment note, which should be justified and the forwarder, "NEXT SPED" Ltd, must be informed.

24. During the transport, the driver with the truck is not allowed to leave the European Union without the prior explicit written consent of the FORWARDER. The CARRIER is responsible for any events that may lead to loss or damage to the goods, delays, or sanctions imposed on the FORWARDER.

25. If the CARRIER accepts pallets, packaging, and/or any equipment for securing and arranging the goods provided by the loading site, it will be at their expense, and they must organize its return at their expense. If the amounts are invoiced to the FORWARDER for any reason, the CARRIER must reimburse the FORWARDER within 3 days of the request. The FORWARDER has the right to offset these amounts against the CARRIER's due freight. When replacing pallets, this must be recorded in the consignment note with a signature and seal from both the loading and unloading addresses or reflected in a separate document which the CARRIER must provide to the FORWARDER.

26. When transporting goods under a temperature regime, if the temperature specified in the request differs from that set by the sender, the CARRIER must immediately contact "NEXT SPED" Ltd before leaving the loading address to clarify the correct temperature values for the refrigeration unit. Otherwise, if there is a discrepancy between the required and the set temperature, "NEXT SPED" Ltd reserves the right to direct the claim from the customer to the responsible CARRIER.

27. The CARRIER is required to provide "NEXT SPED" Ltd with information about the vehicle's location and movement daily, no later than 10:00 AM Bulgarian time, and to notify the forwarder in writing of the expected arrival date at the unloading point no later than 24 hours before the unloading deadline. Additionally, they must provide information upon any request from the FORWARDER. If there is a lack of or incorrect information regarding loading, movement, or unloading, the CARRIER owes a penalty of 200 euros for each failure.

28. The CARRIER is required to immediately notify the FORWARDER in the following cases:

28.1. In case of discrepancy between the data in the request, consignment note, and the corresponding goods, accompanying documents, markings, weight, and others. In this case, the CARRIER must record the relevant remarks in the CMR consignment note at the time of loading and is not allowed to start the transport without prior explicit written permission from the FORWARDER. In case of packaging damage and inability to check the count, the CARRIER must enter their remarks in section 18 of the CMR consignment note before the SENDER (at the loading address) or the RECEIVER (at the unloading address) signs the consignment note.

28.2. When remarks are entered in the consignment note by the SENDER, CARRIER, RECEIVER, controlling authorities, and others.

28.3. In case of damage or shortage of the goods.

28.4. In case of circumstances that may lead to loading delays (any delays from previous deliveries; technical failure; need for rest; route changes; driving restrictions or bans; lack of readiness from the SENDER or other events that could delay the arrival of the goods according to the transport request’s deadlines) or delivery, any deviations from the normal route, and potential additional costs (penalties, fines, etc.).

28.5. In case of failure to meet the agreed loading or delivery deadline.

28.6. If information is requested about the location of the goods and an accurate forecast of the upcoming schedule and route.

28.7. After accepting the goods, provide information on the number and type of packages, their weight, accompanying documents, and all other details. Notifications under this clause should be made in writing and sent to "NEXT SPED" Ltd via 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 failure to notify properly. The CARRIER is also obligated to notify the local police authorities and the FORWARDER in case of road accidents, fires, theft, or signs of unauthorized access by third parties to the trailer.

29. In case of delay by the CARRIER in loading and/or unloading the goods, the CARRIER owes the FORWARDER a penalty as per these general conditions.

30. In case of delay or expected delay in the goods’ arrival for loading or unloading, which is unacceptable to the FORWARDER, the latter reserves the right to withdraw the request and assign its execution to another subcontractor to meet the agreed deadlines. All additional costs arising from this withdrawal, such as but not limited to: higher transportation costs, transshipment, and handling fees, will be directly invoiced to the CARRIER and deducted from any amounts due to them. If there are no amounts due to the CARRIER, the latter is required to pay the invoiced additional costs within 5 (five) days from the date of receipt of the relevant invoice via email.

31. If a customs officer removes the seal from the cargo compartment and takes part of the goods, the driver is obliged to record the taken quantity in the CMR consignment note or create a protocol, and the remarks should be certified with the customs stamp.

32. The CARRIER is obligated to comply with customs formalities in the countries they pass through. The CARRIER bears full responsibility for any errors and damages resulting from ignorance of or failure to comply with the customs regulations of the Republic of Bulgaria and any other countries the transport passes through.

33. "NEXT SPED" Ltd. is obligated to pay only for additional costs for which it has been notified in advance and has given explicit written consent. If a fine is imposed or additional costs arise due to a reason for which the SENDER / PRINCIPAL is responsible, all costs will be fully covered by the responsible party according to applicable national and/or international law.

34. In order to prevent smuggling and/or theft of the goods, the CARRIER must take all reasonably necessary preventive measures, such as but not limited to: providing locking devices on the cargo units, parking only in guarded parking lots with live security, well-lit, fenced, with video surveillance and controlled access, located at a significant distance (at least 150 km) from areas with a high risk of theft and immigrant access, such as ports and terminals; careful and thorough inspection of tractors and cargo compartments after every break or stop; adherence to safety and security instructions at loading and delivery sites. If such a possibility does not exist, parking in an unguarded, but well-lit, fenced, and monitored parking lot with controlled access is allowed exceptionally and only after written confirmation from "NEXT SPED" Ltd. In all cases, when parking, the driver must not leave the truck with the loaded goods unattended.

35. 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 any potential waiting time for customs formalities. If loading/unloading or customs processing has not started or has started but not completed within the free time, the CARRIER is obligated to immediately notify the FORWARDER and request instructions. It is not allowed for the cargo unit to leave the loading/unloading address without written instructions and confirmation from the FORWARDER. Otherwise, the CARRIER will be penalized with a fine of EUR 500 (five hundred euros). Claims regarding fines for extra waiting time should be submitted in writing within 24 hours of the vehicle’s release, in the amount of actual damage caused, but not more than 10 euros per hour and 100 euros per day. Claims will not be processed unless accompanied by the original CMR consignment note, certified by the RECEIVER with their name, signature, and time of arrival and release of the vehicle. Claims for waiting costs from the CARRIER after the expiration of free time will only be accepted by the FORWARDER if a clear record is provided in the consignment note (or other similar document like a Standing card, confirmed by a loading/unloading site employee), indicating the date and time of arrival/departure of the vehicle from the loading/unloading location. The CARRIER has no right to claim waiting costs if there is a delay or early arrival for loading/unloading than specified in the request.

36. The CARRIER is obligated to follow the sequence of loading/unloading points indicated in the request.

37. The CARRIER is obligated to deliver the goods to the RECEIVER specified in the request and in the CMR consignment note, unless "NEXT SPED" Ltd. has ordered otherwise, and to sign all necessary documents, including the CMR consignment note, when receiving and delivering the goods.

38. When the entire trailer (the entire cargo compartment) is requested for loading, arranging with other forwarders or shippers for additional consolidated shipments is not allowed, unless explicit prior written consent is provided by "NEXT SPED" Ltd. as the forwarder. When the request is for consolidated goods that, due to their nature, can clearly be transported together with other consolidated shipments, the CARRIER must appropriately separate the goods based on the transport request from "NEXT SPED" Ltd. as the forwarder and not accept other consolidated shipments that could damage the shipment in the transport request.

39. The CARRIER is responsible for the proper and safe loading, arrangement, securing, and safeguarding of the goods in the vehicle, for the correct distribution of the goods across the axles, and for avoiding overloading the axles, for overall overloading of the vehicle, and for all damages caused by improper loading and/or failure to secure the goods. The CARRIER must ensure that during loading and unloading, the driver checks whether the condition and quantity of the goods, as well as the packaging, correspond to what is described in the transport documents and the request. They are obliged to note any discrepancies in the transport document in accordance with the CMR and TIR conventions. If the SENDER refuses to allow the CARRIER to record a remark in the consignment note, the CARRIER must immediately notify the FORWARDER. For any discrepancy noticed by the driver, the CARRIER must immediately inform the FORWARDER in writing and wait for instructions before the driver leaves the loading/unloading site. Otherwise, the FORWARDER will be released from responsibility and will not accept penalties from the CARRIER regarding the noted discrepancy.

40. Under no circumstances shall the CARRIER have the right to retain the transported GOODS or any other property of the FORWARDER or its CLIENTS, the SHIPPER or the CONSIGNEE. If this occurs, the CARRIER will be responsible for any damages incurred.

41. The CARRIER shall not harm or tarnish the good name and/or reputation of the FORWARDER in any way in relation to third parties. If this occurs, the CARRIER shall pay a penalty of EUR 10,000 (ten thousand euros) for each individual case.

42. The CARRIER for a specific transport shall not offer transport or forwarding services to the CLIENT, CONSIGNEE, SHIPPER of the GOODS, or other intermediaries, forwarders, or carriers involved in this transport, directly/personalized, via phone, fax, email, or through a third party, under terms similar to those in the FORWARDER's request, for a period of at least 1 (one) year, starting from the date of the last transport performed for the FORWARDER. If this condition is violated, the CARRIER shall pay a penalty of EUR 10,000 (ten thousand euros) for each violation. If the damages exceed this penalty, the FORWARDER is entitled to claim compensation for the actual damages suffered.

43. The CARRIER shall ensure that when transporting GOODS (such as feed, waste, and other non-exhaustively listed GOODS), whose transport is subject to a licensing or registration regime and is subject to ongoing and/or subsequent control by the relevant authorities under the legislation, the necessary documentation (records) is properly maintained in accordance with the legal requirements and promptly sent to the FORWARDER, strictly following their instructions. The FORWARDER reserves the right to carry out independent checks at any time to verify compliance with this obligation. If the CARRIER fails to fulfill the above obligations, resulting in the FORWARDER being subject to proceedings to determine the violation and its sanctioning, or if the FORWARDER has already been sanctioned by the competent authorities, the CARRIER shall owe the FORWARDER a penalty equivalent to the legally prescribed sanction for the specific case if the amount can be predetermined or the maximum penalty as specified by law if the amount cannot be determined in advance, or the amount of the imposed sanction.

44. In the case of transporting GOODS under temperature-controlled conditions, before loading, the CARRIER must ensure that the temperature inside the cargo space of the vehicle complies with the requested conditions in the request, and that the temperature of the GOODS before loading meets the request’s requirements. The temperature should be checked during loading, controlled, and maintained in accordance with the requested conditions throughout the journey until delivery to the final destination. If the CARRIER fails to meet these obligations, they will be responsible for any damages suffered by the FORWARDER, including, but not limited to, damages caused by faulty equipment, regardless of ownership, meteorological conditions, etc.

45. When transporting dangerous goods, the CARRIER guarantees that the vehicle drivers are trained and possess and carry the necessary equipment and valid licenses/certificates in accordance with the law for ADR goods transport, issued by an authorized institution. The TRANSPORT UNITS must be equipped with the necessary set of basic and individual protective equipment, with valid expiry dates, in accordance with the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). The CARRIER is obliged to perform the transport in accordance with all requirements set out in the ADR. The CARRIER declares and guarantees that its employees are familiar with all the requirements of the regulations for the transport of dangerous goods and are duly trained in safe handling and emergency response procedures.

46. The CARRIER is obliged to inform in writing every subcontractor, employee, and/or driver of the vehicle about the requirements of these general conditions necessary to execute the transport request.

IV. PAYMENT REGULATIONS

47. "NEXT SPED" Ltd. is obliged to pay the CARRIER remuneration for the performed transport according to the terms in the relevant transport request. By accepting the transport request, the CARRIER expressly agrees that in the case of a claim for shortages and/or damages or delays in delivery or any other discrepancies related to the transport conditions, as well as for damage to the property of the FORWARDER, CLIENT, SHIPPER, CONSIGNEE, or third parties, "NEXT SPED" Ltd. shall not make any payments to the CARRIER under this and/or other contracts with the CARRIER until the circumstances of the claim are clarified and the case is resolved, without the need for a signed bilateral document. The parties agree that the mentioning of the counterpart invoices issued by both parties in the payment order constitutes valid notification of offsetting by the FORWARDER. After clarifying the case and determining the liability for the potential claim and signing a bilateral protocol that settles the financial relationship between the FORWARDER and the CARRIER, "NEXT SPED" Ltd. is obliged to pay the CARRIER the amounts due, deducting the amount of the claim in case of established responsibility of the CARRIER for the respective matter.

48. The payment term is calculated from the date of receiving the original invoice and an original copy of the CMR consignment note, certifying the receipt of the GOODS by the final CONSIGNEE without remarks.

49. The original invoice with 2 original CMR consignment notes and all transport documents must be sent within 14 days from the date of unloading. In the case of transport between countries, where at least one of them is an EU member state, the CARRIER must also submit a copy of the TIR carnet (or other T-document), stamped by the customs authorities of the destination. In the case of transport between EU countries, but with transit through a non-EU country, the CARRIER must submit a copy of the TIR carnet with a T2L annotation (or other T-document), stamped by the customs authorities of the destination. If the transport invoice arrives after 30 days, it will be subject to a payment term of 60 days from the date of receipt.

50. The invoice must include the following details:

The tax event date must be the date of unloading of the vehicle as stated in the CMR consignment note;
The invoice must be issued no later than 5 days from the tax event date (the date of unloading);
The invoice must arrive at the office of "NEXT SPED" Ltd with a signature and stamp, or in the case of electronic invoices, the accountant’s identification code should replace the signature and stamp;
The vehicle number on the invoice must match the one on the CMR consignment note;
Correctly stated route of the performed transport;
The position number of the transport in the "NEXT SPED" Ltd. request.

51. Any change in the carrier’s bank account must be explicitly communicated in writing beforehand. If the change has occurred but was not explicitly mentioned, payment to the previous account will be considered valid according to the transport request.

52. The freight includes all taxes and transportation costs that can be attributed to the normal execution of international road transport of goods.

53. All details related to the transport of the goods, remuneration, and any other commercial arrangements are strictly confidential and should not be disclosed to third parties.

V. LIABILITY AND PENALTIES

54. In the case of incorrect registration numbers for the transport composition or changes made without valid reasons and failure to notify "NEXT SPED" Ltd in time, "NEXT SPED" Ltd reserves the right to impose a one-time penalty of 200 euros on the carrier.

55. Unless "NEXT SPED" Ltd provides written consent, the goods cannot be reloaded onto another vehicle. If this action is carried out, a one-time penalty of 1000 euros will be imposed on the responsible party.

56. For refusal to execute the transport request on the agreed date of loading or in the preceding 5 days, without written consent from "NEXT SPED" Ltd as the forwarder, "NEXT SPED" Ltd reserves the right to impose a penalty of 100 euros.

57. Loading the vehicle with any goods not included in the transport request of "NEXT SPED" Ltd is only allowed with explicit prior written consent from "NEXT SPED" Ltd. If this condition is violated, "NEXT SPED" Ltd reserves the right to impose a penalty of 200 euros for each individual violation.

58. The carrier must deliver the goods on the agreed delivery date. If they fail to do so, "NEXT SPED" Ltd reserves the right to impose a penalty of 100 euros for each day of delay. Additionally, for each day the delay continues, another 100 euros will be added. This penalty does not limit the forwarder’s right to claim further damages for costs incurred as a result of the carrier’s delay. If the loading or unloading dates and times stated in the request are accompanied by the terms FIX, FIXED, or FIXED DATE, failure to appear for loading/unloading on the specified day and time is considered complete non-performance of the request. If the transport cannot be completed on time, the executing party must inform "NEXT SPED" Ltd in writing no later than 24 hours before the delivery date. Failure to comply will result in a one-time penalty of 100 euros. In case of a delay claim from the client, "NEXT SPED" Ltd reserves the right to direct the claim to the carrier in full, along with any losses and missed profits resulting from the non-performance of this transport request.

59. When subcontracting the entire transport order or any provisions to a third party, "NEXT SPED" Ltd reserves the right to impose a penalty of 200 euros. The effective subcontracting can only take place if "NEXT SPED" Ltd provides prior written consent. If the carrier performs the transport in whole or in part with the involvement of other carriers (subcontractors or subsequent carriers), they are responsible for their actions as if they were their own.

60. "NEXT SPED" Ltd is not responsible for any arrangements or commitments made by the carrier directly with the shipper or recipient. Any additional instruction given by the recipient or shipper must be communicated and confirmed by "NEXT SPED" Ltd.

61. The carrier is responsible for the loss, destruction, or damage of the transported goods unless they prove that the damage was due to force majeure or packaging defects that the carrier had warned the forwarder about or that could not have been noticed.

62. The carrier is responsible for the loss, destruction, or damage (fully or partially) of the goods from the moment of handing them over for transport until unloading them at the recipient designated by the forwarder, up to the amount specified in these terms and conditions, unless the damage is due to force majeure, which the carrier must prove in the proper manner.

63. The carrier is responsible for all direct and immediate damages to the forwarder due to complete or partial loss, destruction, or damage to the goods, loss of goods, and delay or inability to deliver the goods within the time frame and destination specified in the request, as well as in case of handing over the goods to a person other than the one specified in the request, up to the amount or in the manner determined in these terms and conditions.

64. In case of complete loss or destruction of the goods, the carrier must compensate the forwarder for the full value of the missing or destroyed goods based on the declared value in the invoice, but not more than 8.33 SDR (Special Drawing Rights) per kilogram of gross weight of the missing or destroyed goods.

65. In the case of partial loss or damage to the goods, compensation will be calculated based on the extent of the loss/damage to the goods, but it cannot exceed 8.33 SDR (Special Drawing Rights) per kilogram of gross weight of the missing or destroyed goods.

66. If additional expenses arise due to damage to the goods during transport, or due to any discrepancies in the conditions of the transport as previously agreed, or due to any action and/or inaction of the CARRIER, including but not limited to: transporting the goods back to the SENDER or another place according to the instructions of the FORWARDER and at the CLIENT's request, destruction, disposal, additional handling of the goods, manual labor, repackaging, etc., the incurred expenses will be borne by the CARRIER.

67. The CARRIER has no right to assign or otherwise transfer its claims to the FORWARDER to third parties. If the CARRIER breaches this obligation, the FORWARDER has the right:

To claim a penalty of EUR 1,000 (one thousand euros) for each invoice where the claim has been transferred and/or to withhold any sums owed to the CARRIER (including but not limited to the transferred sums) until the new creditor confirms in writing that the current Terms and Conditions will apply in their relationship with the FORWARDER without any exceptions.
The CARRIER must notify the new creditor/factor in writing about the non-application of the specified Convention. Otherwise, in addition to the rights mentioned above, the FORWARDER has the right to claim a penalty of EUR 1,000 (one thousand euros). The UNIDROIT Convention on International Factoring does not apply to these Terms and Conditions, and if the CARRIER violates this obligation.

68. All penalties provided in these Terms and Conditions do not limit or extinguish the FORWARDER's right to claim compensation for the difference up to the amount of actual damages if the damages are greater than the respective penalty.

69. The CARRIER is responsible to the FORWARDER for all actions and/or inactions of its employees and subcontractors. The CARRIER is obligated to ensure that:

The driver does not smuggle people or goods, such as but not limited to cigarettes, alcohol, etc.
The driver must not load or allow any goods other than those specified in the transport documents into the cabin and the transport unit, taking all necessary preventive measures.
The driver must be present during loading operations and ensure that the vehicle and the goods are under his supervision until the transport unit is sealed.
If mandatory customs procedures are not carried out at the loading site, the driver has no right to leave the loading site without instructions from the FORWARDER and before a seal with the registration number is placed on the transport unit. This seal may only be removed by the competent customs authorities after customs control and release.
In case of inspection during transport, the CARRIER should obtain proper documents from the relevant authorities explaining why the seal was removed. If possible, the transport unit must be resealed until reaching the customs point and/or the final destination. The CARRIER is obligated to immediately inform the FORWARDER about the removal of the seal.

70. The CARRIER is obligated to indemnify the FORWARDER in full for claims from third parties and any administrative or criminal sanctions imposed by state authorities related to the obligations in these Terms and Conditions. The CARRIER must immediately inform the FORWARDER of any such claims and lawsuits, including administrative, penal, or criminal proceedings against the CARRIER, the FORWARDER, or subcontractors. In case of violations of these clauses, the CARRIER is fully responsible to the FORWARDER.

VI. ADDITIONAL PROVISIONS

71. For all issues not covered by these Terms and Conditions, the provisions of the specific transport contract/request, applicable international conventions, and the legislation of the Republic of Bulgaria apply.

72. Any disputes arising from the transport request or related to it or to additional agreements to it or these general terms and conditions, including disputes related to interpretation, invalidity, non-performance, or termination, as well as disputes related to supplementing or correcting the contract to comply with newly arising circumstances, will be resolved by mutual agreement, and a mediation procedure can be initiated. If the parties do not reach an agreement, the dispute will be resolved by the competent Bulgarian court. The applicable procedural law for resolving the dispute in court is the current Bulgarian legislation.

73. The contracting party reserves the right to make changes to the terms of the transport request in writing.

These Terms and Conditions were adopted on February 17, 2025, and replace all previous versions of them.

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