Article 5 – OBLIGATIONS OR THE INSTRUCTING PARTY
5.1. Packaging and labelling :
5.1.1. Packaging : Goods shall be packed, packaged, marked or countermarked so as to withstand transportation and/or storage performed in normal conditions, as well as successive handling, that necessarily arise during such operations. Goods shall not constitute a hazard for drivers or handlers, the environment, the safety of transportation vehicles, other carried or stored goods, vehicles or third parties. The Instructing Party shall be solely liable for packaging and for its fitness to bear the transportation and handling.
5.1.2. Labelling : On each parcel, item or load unit, clear labelling shall be provided to allow immediate and clear identification of the shipper, consignee, of the place of delivery and of the nature of the goods. The information on the labels shall match those appearing on the shipping document. Labels shall also meet any applicable regulatory requirements, notably those pertaining to hazardous products.
5.1.3. Liability : The Instructing Party shall be solely liable for all consequences arising from any lack, insufficient or defective packing, packaging, marking or labelling.
5.2. Sealing :
Once loading operations are completed, lorries, semi-trailers, mobile crates, containers, shall be sealed by the loader or its representative.
5.3. Declaratory Obligations :
The Instructing Party shall be solely liable for all the consequences resulting from any failure to perform the duty of information and declaration regarding the specific nature and the specificity of the goods where the latter requires specific provisions, including their value and/or any covetousness they may cause, as well as their dangerousness or fragility. The obligation to provide information is also applicable to the declaration of the Verified Gross Mass of a container pursuant to the SOLAS Convention. Moreover, the Instructing Party formally undertakes not to provide the T.L.O. with any illegal or prohibited goods (for instance, counterfeit goods, drugs, etc.). The Instructing Party shall be solely liable, with no right of redress against the T.L.O., for any consequences resulting from erroneous, incomplete, unenforceable or delayed declarations or documents, including but not limited to information needed for the provision of any declaration required by customs regulations, notably for the transportation of goods shipped from third countries.
5.4. Reserves :
In the event of any loss or damages sustained by the goods, or of any delay, the consignee or receiver shall be responsible for making regular and adequate inspections, for expressing motivated reserves and generally for carrying out any action needed to protect their claims and to confirm the said reserves, in legal forms and within timeframes, failing which no claim may be brought against the T.L.O. or its substituted parties.
5.5. Refusal or default by the consignee :
In the event of the consignee refuses the goods, and where the later defaults for any reason whatsoever, the Instructing Party shall be liable for any initial and additional costs owed and incurred in connection with the goods.
5.6. Customs formalities :
If customs procedures need to be completed, the Instructing Party shall hold the customs representative harmless against any financial consequences arising from erroneous instructions, unenforceable documents, etc., generally leading to the payment of additional duties and/or taxes, freezing or seizure of the goods, and fines etc., to/by the relevant public authority. If the goods are customs cleared under a preferential status that was entered into or granted by the European Union, the Instructing Party guarantees that it has taken all the steps pursuant to customs regulations, to ensure that all conditions for the preferential status process have been fulfilled. The Instructing Party shall provide the T.L.O., at the T.L.O.’s request and within the prescribed timeframe, with any information requested in relation to customs regulations requirements. The Instructing Party shall be liable for any harmful consequences arising from the failure to provide the relevant information within the prescribed timeframe, such as delays, extra costs, damages, etc. However, the Instructing Party shall be solely liable for meeting goods quality and/or technical standardisation rules. The Instructing Party shall provide the T.L.O. with any documents (tests, certificates, etc.) required by regulations for the circulation of the goods. The T.L.O. shall not liable for any goods failure to comply with the said quality or technical standardisation rules. The customs representative clears the goods in direct representation mode, in accordance with Article18 of the Union Customs Code.
5.7. Payment on delivery :
The stipulation of a payment on delivery shall not be equivalent to a statement of value and shall thus not modify the rules of compensation for loss or damages defined under Article 6 hereunder.