The bill of lading is not tradable and the shipper acknowledges that it was prepared by him or by Alfares company on behalf of him. The shipper ensures that he still the owner of the goods that being transported in accordance with this document or that he is the authorized broker by any other person who has an interest in this shipment.
Shipper obligations and acknowledgments/the shipper acknowledge and agree
- That each article in the shipments is described in details and properly in the bill of lading
- That the shipment doesn’t contain any non-transferrable materials
- That the shipment data is being mentioned and described properly and in details and the shipment has been packaged and shipped in a safe way that ensure safe transporting and safe handling.
The shipper acknowledges that Alfares Lojistik has the right to waive or abandon any shipment or any part of it which sent by the shipper or his broker if Alfares Lojistik company had decided and declared that the shipment not acceptable or that the Shipper has reduced the value of the customs purposes or misdescribed whether intentionally or otherwise, without incurring any liability and the Shipper will save and defend and keep Alfares Lojistik free from all claims or damages caused by that.
The shipper shall be solely responsible of all costs and expenses including but not limited to income tax, customs duties or any other taxes or charges related to the shipment and for costs incurred because of returning the shipment to the shipper and that includes storing or dealing with it with any other manner
The shipper acknowledges that Alfares Lojistik reserves its right at its discretion to send the shipment by via its agents or via a third party contracted by Alfares Lojistik to perform the required service.
The right to preview and inspect the shipment: Alfares Lojistik reserves its right in inspecting and previewing the shipment but it’s not obligated to do so, it has the right to open the shipment and examine any object or material inside it. In this case Alfares Lojistik will exercise reasonable care but will not be liable for any damage to the shipment and not responsible for any delay caused by this inspection.
Lien on transported goods: Alfares Lojistik has the right to lien on any shipped goods in exchange for all shipping charges according to this document and may refuse to deliver the goods until the charges are paid.
Limits of liability concerning direct loss:
Direct loss means the permanent damage or disappearance of the shipment or any part of it when it is under the guarantee / custody of Alfares Lojistik or its agents, the shipment includes the goods delivered to Alfares Lojistik Company as provided by the bill of lading
Alfares Lojistik is not responsible for any subsequent loss or damage which means any loss or damage other than the direct loss incurred or alleged to be incurred by the shipper or by any other person as a result of transporting the shipment via Alfares Lojistik Company or its employees or agents or as a result of the violation of shipping transporting agreement by Alfares Lojistik company or its agents.
Exceptional liability for delay: Alfares Lojistik will not be liable for delay which means any delay in receiving, transporting or delivery of any shipment or mis-delivery or non-delivery of any shipment because:
- Negligence or misconduct by Alfares Lojistik employees or its agents
- Act of god
- force majeure including but not limited to industrial or political disputes, kidnapping, war or threat of war, acts of foreign governments or any other cause beyond the control of f Alfares Lojistik company.
- Negligence or omission by the shipper or the receiver or any other party who claims an interest in the shipment including violation of any terms or conditions of this document or of any person at Alfares Lojistik or any customs employee, government employee, or of any postal service, shipping broker or any other person to whom a shipment is delivered by Alfares Lojistik to be transported to any location not regularly served by Alfares Lojistik, regardless of whether it’s upon the shipper request or his knowledge of such third party delivery arrangements
- The nature of the shipment or any defect, characteristic, or flaw.
Claims: Alfares Lojistik has to be informed in writing about any claim within 15 days after the delivery date provided within the agreement and Alfares Lojistik reserves its right to decline any claims that not being informed for, in any case Alfares Lojistik will not be liable for the acceptance of any claim unless the shipper has paid all charges due to Alfares Lojistik upon this agreement and the shipper shall not set-off with any amount of his claim in exchange for those charges.
Prohibited items to transport: except for the explicit written approval of the employee approved by Alfares Lojistik Company, the following materials are prohibited to transport (currency, stamps, artwork, jewelry, valuable metals, precious stones, gold or silver alloys, weapons and explosives, bank checks, payment orders, traveler’s checks, antiques, plants, animals, medicines and drugs, foodstuffs, liquid materials, tobacco, perishable goods, tradable commercial papers in the form of a bondholder, inappropriate materials, industrial funds, diamonds, prohibited materials by the International Transport Union including hazardous and flammable materials prohibited by any official or local federal government to any country or region through the shipment that will be transferred, or any other materials reported for by Alfares Lojistik that it’s prohibited materials)
Insurance: the shipment insurance is the shipper responsibility and he has to inform Alfares Lojistik in writing with of his desire to insure the shipment against the shipping hazards before delivering the shipment to Alfares Lojistik, and about the nature and the value of the goods and the required coverage, and he shall provide the required documents to the insurance companies and in case of any damage caused to the shipment during the shipping process, the liability shall be exclusively the responsibility of the insurance company.
Contracting law: the shipper and Alfares Lojistik company both should have irrevocable agreement to apply the laws of the Republic of Turkey to each article of the agreement and submit it exclusively to the jurisdiction in the Republic of Turkey.