1. Scope of Application
All logistics, transport and storage services provided by Newblock, S.L, in the field of transportation by air, sea and/or by land, both national and/or international are governed by these general conditions. All activities are subject to the national and international agreements safe guarded by the Warsaw and Montreal Conventions, the Hamburg and Hague Rules and, in relation to national and international transportation by land by the rulings of the Spanish Land Transport Management Act (LOTT) and the CMR Convention, respectively, always in their most updated and current form. The use of services offered by Newblock, S.L. automatically implies the customer’s acceptance of these general conditions and of the rates in force at the time those services are provided.
The application of any other general conditions in use by the client is expressly excluded regardless of whether or not Newblock, S.L. has explicitly objected to them.
2.1 Content and nature
Newblock, S.L. does not know the actual content of the packages but refers to the sender’s declaration, for which the sender has sole responsibility, and does therefore not accept any liability whatsoever with regard to the actual content of the packages. Any expenses, damages and/or penalties arising from incorrect or deficient data provided by the shipper is the sole responsibility of the shipper and will be passed on by Newblock, S.L.
2.2 Unpackaged goods or non stackable goods
Newblock, S.L. must be informed in writing previous to transportation of such goods, and it reserves the right to accept or reject the transportation of such goods and to dictate the applicable price if accepted.
In any case and in accordance with the conventions and rules referred to in section 1, Newblock, S.L. is released from all liability in relation to inherent risks of groupage or full load air, sea and land transportation of unpackaged goods and inappropriately or insufficiently packaged goods.
2.3 Dangerous goods
Newblock, S.L. does normally not accept IMO/IMDG/ADR, unless expressively agreed by Newblock, S.L and the shipper. The goods must be accompanied by all the necessary documents, which are to be provided by the sender. The absence of the sender providing such declaration Newblock, S.L. is released from all liability. The liability shall instead fully lie with the sender.
2.4 Goods with special characteristics, weights and dimensions
The sender must inform Newblock, S.L. in writing and prior to shipment about any special features, oversized or overweight goods intended for transport. In the absence of such a written declaration from the sender Newblock, S.L. is released from all liability.
3.1 The transportation and related services provided by Newblock, S.L. covered under these conditions will be charged in accordance with the specific rates in effect at the time of provision of the services.
3.2 Prices stated do not include any taxes that may apply.
3.3 Prices are always based on generic ratios:
Air: 1m³ = 167kg
Sea: 1m³ = 1000kg
Land: 1m³ = 333kg
For air transport prices are rounded up to the nearest kg; for sea transport to the nearest m³; and for land transport to the nearest hundredth of m³.
3.4 The rates express the international journey and the inherent transportation costs, such as departure costs, arrival costs, BAF, CAF, Fuel Surcharge and other supplement to the transporters, as well as customs clearance fees, taxes and duties separately. Newblock, S.L. can also provide all-inclusive or lump sum rates.
3.5 Storage at origin/destination for more than 1 day will be billed separately, at the rates in force. The same applies for costs of unloading/loading, storage and subsequent delivery of shipment that are to be unloaded for a later delivery.
3.6 Extra service costs such as warehouse personnel, platform trucks, cranes etc. will be invoiced separately.
3.7 These rates are applicable to regular, non-urgent services only. Prices for urgent services must be agreed upon and be confirmed in writing in all cases.
4. Documentation and labelling
4.1 General rules
4.1.1 Each consignment must be accompanied by the necessary documentation. Shipments to non-EU countries must include the invoices for clearance at origin/destination, even in the case of samples with no commercial value.
4.1.2 All documents including shipping instructions and delivery notes as well package labels must clearly state the consignee’s name and address, the delivery place and telephone number.
4.1.3 Newblock, S.L. is not liable for damages caused by erroneous information, documentation or incorrect labelling.
4.2 Cash-on-delivery (COD)
If the delivery of a shipment is subject to the issuing of a check, accepted bill, voucher of transfer or similar document by the consignee, the consignee must inform Newblock, S.L. prior to transport and in writing of such conditions and specify such conditions clearly and explicitly in the shipping instructions. Newblock, S.L. reserves the right to accept or reject such shipments. For such operations Newblock, S.L. will charge the customer an agreed percentage of the weight/value of the shipment as an A.C.O.D commission. Goods from COD import shipments will not be released until the required conditions have been met. In all cases, Newblock, S.L. is released from any responsibility arising from a lack of authenticity or sufficiency of funds in regards to the required documents, unless bad faith or inexcusable negligence on the part of Newblock, S.L. can be proven.
5. Delivery terms
The delivery serve as orientation only and will not apply if administrative or customs formalities are involved, or if necessary documentation for shipments is missing.
6. Liability of Newblock, S.L.
The liability of Newblock, S.L. will always conform with the conditions and limits of international conventions: In the case of international transport by air with the Warsaw and Montreal Conventions; in the case of international transport by sea with the International Convention of the Hague and the Hamburg Rules; in the case of international transport by land with the CMR Convention; and in the case of national transport and storage with the LOTT. All of these are always used according to the latest versions.
Newblock, S.L. will not be liable for circumstances, in which the shipping companies or airlines are unable to provide on time any normal and special services duly requested by Newblock, S.L.
Newblock, S.L. will not be liable for delays in transportation caused by congestion at ports and airports, route diversions or alterations of the vessel’s itineraries or delays due to acts of war, terrorism and other event of force majeure.
Furthermore, the maximum liability of Newblock, S.L. for delay of an agreed delivery time will not exceed in any case the amount paid for the transportation with a maximum of USD 2000. Similarly, Newblock, S.L. will not be liable in any case for loss of profit and consequential damages such as loss of orders, travel, stoppages in the production chain etc.
7. Cargo insurance
The goods travel at the risk of the sender, and Newblock, S.L. will not insure them unless the sender has previously given express written instructions to do so. Newblock, S.L. reserves the right to accept or reject the formalization of insurance and must be informed that such insurance is being taken out.
8. Claiming for damages and faults
Claims for damages and/or faults, if apparent, must be recorded with as much detail as possible on the delivery note of the shipment and immediately reported by fax or email to Newblock, S.L. General complaints, such as “crushed packages”, “ok pending review” etc are not acceptable.
Claims for damages and/or faults that are not apparent must conform with the terms and forms required by the latest version of the Law and Conventions to which Newblock, S.L. refers. In any case, whenever the claim exceeds Euro 900 it must be properly documented with the appropriate official appraisal made at the proper time and in the proper manner.
Each service will be billed separately. No offset of accounts or balances deriving from claims for damages against Newblock, S.L. will be admitted until such claims or items are supported where appropriate with an enforceable document.
The transported goods remain particularly affected by liability for payment of the price of the transport, storage and other expenses incurred during the service, and Newblock, S.L. is entitled to withhold delivery until such expenses have been paid in relation to the shipment or other shipments made earlier for the same user.
10. Maturity and payment of invoice
The issue date of the invoice establishes the maturity and the start of the obligation for the user to proceed with the payment. Generally, and unless otherwise agreed, this period shall be 30 days from the invoice date, in accordance with the Act 3/2004 of December 29, 2004.
Delay in payment will incur interest payments of 12% p.a. on the outstanding debit as a form of damage payment. In the case that the use doesn’t give rise to the obligation to pay interest at 12% p.a. on the as damages. In the event that the user is late with his payment he shall be obliged to compensate Newblock, S.L. for all collection charges it may have incurred through as a result of the user’s late payment.
The non-payment of any amount entitles Newblock, S.L. to cancel all existing agreements and demand payment of the total balance owed, whether or not due, and to deliver the new shipments only upon receipt of funds.
For any discrepancies that might arise in the interpretation of the contracts and agreements to be concluded on the basis of the General Conditions, the contracting parties, expressly waiving their own jurisdiction and domicile, if any, shall submit to the Jurisdiction of the judges and courts of Barcelona. These contracts and agreements shall be governed by Spanish Law.