Terms and Conditions of Service
GENERAL TERMS AND CONDITIONS OF CONTRACTING APPLICABLE TO THE ORGANIZATION OF THE CARRIAGE OF GOODS BY ICONTAINERS SOLUTIONS S.L.
Important note: These General Terms and Conditions contain important terms and conditions of engagement applicable to all dealings with iContainers Solutions S.L. (hereinafter “ICONTAINERS“), some of which regulate the liability of the contracting parties and the limited liability of ICONTAINERS. It is important that you read these General Terms and Conditions carefully and resolve any doubts arising from these General Terms and Conditions before contracting with ICONTAINERS. If you have difficulty understanding these General Terms and Conditions, you can send us any questions you may have prior to contracting with ICONTAINERS. You can also download these General Terms and Conditions in a larger font size from our website www.icontainers.com/.
The following terms have the following meanings:
a) “Freight Forwarder or Transport Operator“ means ICONTAINERS. Generally, ICONTAINERS acts in its capacity as Freight Forwarder, Transport Operator or Logistics Operator and organises the transport. To carry out the transport ICONTAINERS employs any means of transport and uses the services of agents, subagents, and/or any other subcontractors.
b) “Shipper“ means the person that, by itself or through its representative, concludes the shipping contract.
c) “Consignee“ means the person authorised to receive the goods, itself or through its representative.
d) “Customer“ means the party that has contracted the services of ICONTAINERS, as well as the party to which the quotation, quote, booking, correspondence or e-mails are addressed, the shipper, sender, receiver, consignee or any of their intermediaries, agents or dependents. The Customer is responsible for full payment for the services provided by ICONTAINERS.
e) “Goods“ means the articles that are the subject of the transport.
f) “Carrier“ means the person that undertakes the obligation to carry out the transport in its own name, regardless of whether it carries it out by its own means or contracts it out to others.
g) “Applicable Law“ means international conventions, Laws, Regulations or rules of any kind, in force and applicable to the means of transport in question. In particular, the Hague Rules/Hague-Visby Rules for maritime transport; Warsaw Convention/Hague Protocol/Montreal Convention for air transport; CMR Convention and national legislation for land transport by road; and CIM for rail transport.
h) “Special Drawing Rights (SDR)“ means the unit of account as defined by the International Monetary Fund.
Clause 1. BASES OF THE CONTRACT
All services provided by ICONTAINERS shall be governed by these general terms and conditions of contracting (and if applicable by the clauses of the ICONTAINERS bill of lading or any other transport document used in such services), which are fully accepted by the shipper at the time of ordering the service. By contracting with ICONTAINERS, the Customer agrees that these general terms and conditions shall apply to any request for the provision of services transmitted verbally, by telex/fax, e-mail or otherwise, even if no specific reference is made to these general terms and conditions. The limitations of legal liability defined in the provisions of these general terms and conditions shall also apply to any claim, whether civil, commercial, criminal, judicial, extra-judicial, contractual, extra-contractual or of any other nature. The Customer also undertakes to communicate the existence, continuance in force, validity, and acceptance of these General Terms and Conditions to third parties that may have contracted with it.
In case of non-acceptance of these General Terms and Conditions, the Customer must expressly, in writing and unequivocally notify ICONTAINERS immediately after the first receipt or notice of incorporation thereof. Seven days after their receipt or notice of incorporation or after the Customer's request for the service from ICONTAINERS, the General Terms and Conditions will be considered validly incorporated.
Clause 2. TRANSPORT DOCUMENTATION
The contracted transport shall be covered by a waybill, bill of lading, delivery note, etc. issued by ICONTAINERS or its agents, which shall be in accordance with and conform to applicable national regulations and international conventions, its clauses being applicable between ICONTAINERS and the Customer. If there is any discrepancy between those documents and these General Terms and Conditions or if there is any void, the following shall prevail, in this order: firstly, the bill of lading of ICONTAINERS and/or FIATA MULTIMODAL BL; secondly, these General Terms and Conditions; and thirdly, any other transport document where used.
Clause 3. DESCRIPTION OF THE GOODS AND PACKAGING
The Customer warrants to ICONTAINERS the accuracy of the declaration of the goods as regards their characteristics, description, marks, numbers, quantity, weight and volume and the Customer will be responsible for losses, damages, defects, and/or penalties as may arise for third persons from the inaccuracy of the aforesaid information, as well as from improper, defective or misused packaging that causes damage to the goods or handling equipment or means of transport, even if such inaccuracies or deficiencies arise from operations not directly performed by ICONTAINERS, as well as consequential expenses caused to ICONTAINERS thereby will be indemnified by the Customer to ICONTAINERS.
The Customer warrants that the goods are suitable to be transported by any means and expressly states that the packaging provided is adequate to withstand the contracted service. Unless the Customer provides express instructions to ICONTAINERS, no special action will be taken regarding the packaging, the responsibility for which rests entirely with the Customer.
The Customer must inform ICONTAINERS of the dangerous nature of goods delivered to ICONTAINERS for transport, storage or handling, and also about the precautions to be taken, if any. In any case, the Customer must deliver the safety data sheet for the goods to ICONTAINERS in advance.
Shipping orders for dangerous goods must be notified in advance by the shipper 48 hours prior to the deadlines required for conventional goods. All shipments of dangerous goods must comply with the ADR/IMDG regulations in force at any given time. The Customer and/or the shipper are solely responsible for complying with current legislation regarding packaging, documentation, markings, waybills and any other requirement that is necessary for the transport of the aforesaid goods, expressly exonerating ICONTAINERS from any liability to third parties arising from non-compliance.
The Customer understands and accepts that neither ICONTAINERS nor its agents or representatives have the capacity to verify the veracity of the information referred to in this clause, in particular the condition of the goods. In case of omission or insufficient or erroneous information, the Customer shall be liable for the damages caused, and ICONTAINERS shall be entitled to reimbursement of the expenses caused for this reason and shall be exempt from any liability if the goods must be unloaded, destroyed or neutralised, depending on the circumstances and without any indemnification to the Customer.
In the case of shipments to the USA, the Shipper is responsible for the requirements of prior information and documentation necessary for importation into that country at any time required by the authorities, and is responsible for the accuracy thereof and timeliness. Likewise, the Shipper shall be responsible for all expenses, damages and losses that may arise from any non-compliance, with ICONTAINERS not being liable for the consequences derived from the failure to inform US Customs of the nature of the shipment with the prescribed advance notice or from flawed import documentation. In case of omission or insufficient information, the Shipper shall also be liable for the damages caused.
Clause 4. LEGAL LIABILITY
The Customer agrees that ICONTAINERS shall perform the contract and other instructions and arrange for the transportation, handling, carriage and storage of the entrusted cargo, at its discretion, unless the Customer issues specific instructions sufficiently in advance, and does so expressly, by any of the aforesaid means.
As Forwarder or Logistics Operator, ICONTAINERS shall be responsible for the organisation of the transport and shall be liable for the breach of its contractual obligations, in the cases and circumstances and only during the period of liability provided for in the national legislation and in the applicable international conventions, always under the same circumstances and occupying the same position as if it were the actual carrier.
As warehouseman and bailee, ICONTAINERS shall be liable only for damage to the goods resulting from a breach of its contractual obligations in the cases and circumstances provided for in the applicable regulations. Its liability shall commence at the time the goods are delivered to ICONTAINERS’ employees, and shall end at the time the goods leave ICONTAINERS’ warehouses for transportation.
As a customs broker, ICONTAINERS shall be liable only for the damage caused by its own fault or negligence, but shall not be liable in any event in cases in which it has followed the instructions of the Customer. Likewise, the Customer accepts that it is liable for any duties and taxes and that ICONTAINERS only acts on its instructions.
ICONTAINERS legal liability is defined as follows:
4.1. ICONTAINERS shall be liable only for physical damage caused to the goods, and in no case shall such liability extend to consequential damages, pecuniary damages or loss of profit.
4.2. Any legal action directed against employees and/or dependents of ICONTAINERS, whether permanent or temporary, shall only be possible within the limits and in the circumstances contemplated in clauses 5 and 6.
4.3. Said limits may not be exceeded even if legal actions are brought against ICONTAINERS and its employees and/or dependents, whether permanent or temporary, and whether said actions are brought jointly or separately, the aforesaid limit being understood as an overall maximum for all those involved.
4.4. ICONTAINERS shall be liable for the choice of and instructions to subcontracted agents such as carriers, freight forwarders, warehouse operators, etc., but shall be released from any liability if the choice of the agent has been made on the instructions of the Customer, shipper or any of the parties interested in the goods, as well as when the instructions have been transmitted to the subcontracted agents in accordance with the orders received from the Customer or shipper. In this case, ICONTAINERS may waive its rights against subcontracted agents, assigning them to the Customer/shipper.
4.5. In any case, the liability of ICONTAINERS shall not exceed the liability applicable to those it employs for the performance of the services.
Clause 5. LIMITED LIABILITY
5.1. Subject to the maximum limit of the value of the goods, ICONTAINERS shall be liable only in the cases and according to the economic limits detailed below:
- National land transport of goods and any other activity not mentioned in the following paragraphs (such as, for example, warehousing or logistics) shall be subject to the provisions of the Land Transport Act (Ley de Ordenación del Transporte Terrestre, or “LOTT“) and regulations that develop or replace it and ICONTAINERS liability shall amount, where appropriate and as a maximum, to the amount of 4.5 euros per kilogramme of gross weight of the damaged or lost goods.
- International land transportation of goods shall be subject to the Convention on the Contract for the International Carriage of Goods by Road (CMR), and ICONTAINERS liability shall amount, where applicable and as a maximum, to 8.33 SDR per kilogramme gross weight of damaged or lost goods.
- International carriage of goods by sea shall be subject to the Convention for the Unification of Certain Rules of Law Relating to Bills of Lading – Hague-Visby Rules, and ICONTAINERS liability, if any, shall amount to a maximum of 666.67 SDR per container or 2 SDR per kilogramme gross weight of goods damaged or lost.
- Domestic carriage of goods by sea shall be subject to Act 14/2014 of 24 July 2014 on Maritime Navigation, and ICONTAINERS liability shall amount, where applicable and as a maximum, to 666.67 SDR per container, or 2 SDR per kilogramme gross weight of damaged or lost goods.
- International carriage of goods by air shall be subject to the Montreal Convention and its successive amendments (in accordance with the protocols in force in Spain), and ICONTAINERS liability shall amount, where applicable and as a maximum, to 17 SDR per kilogramme of gross weight of the goods damaged or lost.
- Domestic transportation of goods by air shall be subject to Spanish law, and ICONTAINERS liability shall amount to a maximum of 17 SDR per kilogramme of gross weight of damaged or lost goods.
In no event shall the declaration of the value of the goods in a bill of lading, waybill or any other document issued by ICONTAINERS or its agents be deemed to be a declaration of actual value that would prevent ICONTAINERS from limiting its liability. These declarations of value are mere manifestations without content, relevance, or value since ICONTAINERS cannot verify the veracity or reality of the value declared by the Customer.
5.2. ICONTAINERS shall only be liable for delay in delivery in cases where this is expressly established in the applicable legal regulations, in which case it shall be liable on the terms determined by such regulations, without in any case exceeding the equivalent of the remuneration to be paid under the contract concluded with ICONTAINERS. In any case the delivery times indicated to the Customer will always be understood to be approximate, and will be subject to the vicissitudes of the means of transport used. If the Customer wants to be guaranteed delivery of goods within a specific period of time, this must be expressly indicated by the Customer when contracting the transport service and must be expressly accepted in writing by ICONTAINERS in order to be binding. The Customer understands and agrees that if the Hague Rules, and/or the Hague-Visby Rules are applicable, they do not provide for any liability for delay on the part of the carrier. Therefore ICONTAINERS will not be liable in any case for such delay. If ICONTAINERS is held liable for delay, the liability shall be limited to 2.5 times the freight proportional to the goods delayed and proportional to the transport leg affected by such delay.
5.3. When the liability arises from facts or acts occurring during the transport, if the Forwarder is to be subrogated to such liability, in no case may such liability exceed that assumed by the railroad, shipping, air, road transport or warehousing companies, or any intermediary intervening in the course of the transport, in accordance with the applicable national regulations and international conventions.
5.4. These limitations shall apply to all claims against ICONTAINERS, regardless of whether the claim is based on contractual liability or tort liability, and whether in the form of a claim, counterclaim, arbitration, amicable claim or otherwise.
Clause 6. EXEMPTION FROM LIABILITY IN THE ORGANIZATION OF THE TRANSPORTATION OF GOODS BY THIRD PARTIES
ICONTAINERS shall not be liable in respect of any loss, damage or expense, such as loss of profit, loss of customers, fines, penalties, claims for losses due to depreciation or penalty clauses, fluctuations in currency exchange or value of goods, duties or taxes increased by the authorities howsoever caused. The various exemption clauses described below are applicable:
6.1. ICONTAINERS shall not be liable if any of the following circumstances occur:
- Fault or negligence of the Customer or its authorised representative
- Defective packing, labelling and stowage or the absence thereof, provided that ICONTAINERS has not been responsible for the packing, marking and stowage of the goods. Likewise, ICONTAINERS will not be responsible for the packaging of goods whose contents cannot be verified
- War, rebellion, revolution, insurrection, usurpation of power or confiscation, nationalisation or requisition by or under the orders of a government or a public or local authority
- Strikes, lockouts or other labour disputes affecting the work
- Damage caused by nuclear energy
- Natural disasters
- Force majeure
- Circumstances that ICONTAINERS could not have avoided and whose consequences it could not have foreseen
- Inherent defects and nature of the goods
- Incorrect labelling or marking
- Other grounds for exemption established in the conventions or legal provisions in force.
6.2. ICONTAINERS shall not be liable for loss of or damage to the goods, unless such loss or damage occurs while the goods are in the custody and control of ICONTAINERS prior to being made available to the customer, after which time ICONTAINERS shall not be liable in any event.
6.3. ICONTAINERS shall not be liable if the goods have been transported by the Customer or its representative.
6.4. ICONTAINERS shall not be liable for any consequences arising from loading or unloading operations that have not been carried out by ICONTAINERS.
6.5. ICONTAINERS shall not be liable for loss, damage or expenses arising from insufficiency or imperfection in connection with the number, content, weight, markings or description of the goods.
6.6. ICONTAINERS shall not be liable in respect of any consequential loss or damages, such as loss of profits, loss of customers, depreciation or penalty clauses.
Clause 7. CUSTOMER RESPONSIBILITIES
7.1. The Customer shall be liable for any damages that may be suffered by the Forwarder and/or carriers, caused by fault or negligence of the former, or of its employees and agents in the performance of their duties.
7.2. The Shipper shall deliver the goods at the place and time agreed, in packaging appropriate for transport, at all times guaranteeing the accuracy of the declaration of the goods, with respect to their characteristics, description, marks, numbers, quantity, weight and volume, and being liable for the responsibilities for losses, damages, faults and/or penalties that may be caused to third parties by the inaccuracy or omission of the aforesaid data, as well as those derived from defective, inadequate or misused packaging that may cause damage to the goods, handling equipment or means of transport, even when such inaccuracies or deficiencies appear in operations not directly performed by the Forwarder.
7.3. The Shipper is required to inform the Forwarder in writing about the dangerous nature of the goods, as well as the precautions, if any, to be taken according to international ADR regulations. If this obligation is not fulfilled, the Shipper shall be liable to the operator and to third parties for all damages resulting from the shipment of the goods, which may be unloaded, destroyed or rendered harmless, as circumstances may require, without the shipper being entitled to claim any compensation for this reason, and without prejudice to contributing for the value of the goods to the general average, if applicable.
The Forwarder reserves the right to refuse to transport goods that have been declared to be dangerous. Likewise, the Forwarder reserves the right to admit, in its discretion, goods that, due to insufficient packaging, do not conform to the usual standards.
7.4. The Shipper shall be liable for loss and damage to the goods caused by insufficient or improper stowage inside the container, platforms, trailers, pallets or other means, if the loading has been carried out by it or on its behalf.
7.5. The Shipper shall declare on the bill of lading:
a) The general nature of the goods, as well as the main marks necessary for their identification
b) If applicable, their character as dangerous goods
Clause 8. BILLS OF LADING AND WAYBILLS
8.1. Bills of lading may be bearer, to order or nominative. Bearer bills of lading shall be transferred by delivery, those issued to order by endorsement, and nominative bills of lading by assignment in accordance with the rules governing the assignment of non-endorsable credits.
8.2. Unless otherwise stated, the bill of lading is negotiable, and in such case, it shall be made out to order or to bearer. If it is made out to order, it will be transferable by endorsement, and if it is to bearer, by simple transfer of the document.
8.3. Delivery of the goods may only be obtained from the transport operator, or the person on whose behalf it is acting, upon return of the corresponding bill of lading, duly endorsed if necessary.
8.4. If, at the Shipper’s request, a set of several originals is issued, the number of copies of which the set consists, shall be indicated, and the transport operator shall be released from its obligation to deliver the goods if it delivered them in good faith against return of one of the originals.
8.5. If the bill of lading is not negotiable, the operator shall be relieved of its responsibility by simply delivering the goods to the consignee whose name appears on the non-negotiable bill of lading or to any other person in accordance with the instructions received to that effect, which must necessarily be in writing.
Clause 9. INSURANCE OF THE GOODS
9.1. Goods shall always be shipped at the risk and expense of the Sender/Shipper and/or Consignee and/or Customer. Goods carried are not insured by ICONTAINERS, unless expressly instructed to do so in writing by the Customer. The insurance shall be covered only in accordance with written instructions received therefrom.
9.2. ICONTAINERS does not insure against loss or damage during carriage, storage or transportation of the goods, unless specifically instructed in writing by the Customer. To this end, it is noted that the Customer may take out an insurance contract covering the value of the goods transported upon declaration of their value and payment of the corresponding premium.
9.3. When ICONTAINERS is expressly instructed by the Customer to arrange insurance of goods, ICONTAINERS shall always contract on behalf of the Customer, acting as agent.
9.4. The terms and conditions of the insurance shall be those set forth in the insurance policy contracted, which shall be available to the Customer at its express request.
9.5. ICONTAINERS shall not be liable for any possible disputes or claims that may arise between the Customer and the insurance company contracted, as a consequence of the insurance of the goods.
9.6. To calculate the value to be insured, the Shipper shall take into account all costs affecting the goods, including those not yet accrued (e.g. freight, internal transport, duties, etc.). The insurance cost shall be a minimum of 50 euros. For shipments of used goods, including personal effects, there is a deductible of 1200 euros.
The company and the insurer are NOT responsible for any shipments to countries that are on the list of countries sanctioned by the USA or the EU.
Clause 10. PRICE OF CONTRACTED SERVICES
10.1. The transports and other services of ICONTAINERS will be understood to be contracted in accordance with the tariffs in effect at the time of contracting and within the limits provided therein. If there are no tariffs or the quotations of ICONTAINERS or its agents do not contain prices for all disbursements or services effectively carried out and/or rendered, the contracting shall be made at the usual or market prices corresponding to the place where it is carried out. Any additional expenses incurred as a result of events or circumstances occurring after the date of contracting or, if applicable, after the date of issue of the shipping documents, shall be borne by the Customers, provided that they are duly justified and are not due to the fault or negligence of any of the parties involved in the provision of the contracted services. The payment for any expenses incurred and services rendered by ICONTAINERS will be made in advance, absent special conditions previously agreed.
10.2. Any statement that expenses of any kind, tariffs or freight are payable at origin, at destination, prepaid or to be paid, or any other such indication, shall be included at the Customer’s request and shall not alter the Customer’s obligation to pay the tariffs for all services rendered by ICONTAINERS in cash and prior to the performance of the service. In the event of late payment, the Customer shall further be liable to pay ICONTAINERS any default interest, currency exchange losses, bank charges and any other financial loss suffered by ICONTAINERS or its agents due to late payment. The Customer agrees that it does not have any right of retention or setoff on any amounts due to ICONTAINERS.
10.3. If the cargo is abandoned, both the Shipper and the Customer and/or the Consignee shall be responsible for all expenses incurred, such as destruction, return of the container to origin, demurrage, etc. ICONTAINERS shall have an action against any of them for the satisfaction thereof.
Clause 10 bis. OTHER CONDITIONS AND SPECIAL PROVISIONS FOR SHIPMENTS TO AND/OR FROM THE USA OR THE DOMINICAN REPUBLIC.
10.1. ICONTAINERS reserves the right to use an agent at destination from its or the Carrier's network of agents without prior notice, to ensure maximum flexibility and lowest cost.
10.1.2. ICONTAINERS does not handle “DOOR TO DOOR“ shipments except when expressly confirmed by its principals or when the destination charges are available on our website, as in the case of door to door to the United States or the Dominican Republic. In both cases, the terms and conditions will be those stipulated on the ICONTAINERS website, available at the following link: ICONTAINERS INC USA Terms and Conditions (PDF) for USA and ICONTAINERS INC DOMINICAN REPUBLIC Terms and Conditions for Dominican Republic, respectively.
10.1.2.1 For shipments to the United States, ICONTAINERS will provide general destination costs, but these are subject to variation by third parties or ICONTAINERS USA for shipments to the USA.
10.1.2.2 For shipments to the Dominican Republic, ICONTAINERS will provide general destination costs, but these are subject to variation by third parties or INTERWORLD FREIGHT SRL.
10.1.2.2.1 For shipments destined for the Dominican Republic, the following clauses shall apply:
- HHG removals shipments will be accepted only if the shipment is DOOR TO DOOR.
- With the exception of HHG, shipments of used goods will not be accepted.
- Vehicles more than 5 years old since their manufacture are not allowed to enter the country.
10.1.3. In no case are duties, taxes or other expenses derived from customs clearance at destination included in the quotation.
10.1.4. Costs may vary depending on measures taken, final weight and final shipping date. All extra costs such as inspections, demurrage, detention or any other extra charges derived from logistics or customs management are not included in the ordinary quotation and will be invoiced when they are accrued and/or the supplier of such service informs ICONTAINERS. These costs shall be for the account of the Customer and shall be immediately paid to ICONTAINERS or its designated agent as a condition for the completion of the service.
Final additional costs may be invoiced directly by the supplier, otherwise through ICONTAINERS.
Clause 11. SOLAS REQUIREMENT (VGM)
On 1 July 2016 the Amendments to the International Convention for the Safety of Life at Sea (SOLAS), adopted by the International Maritime Organisation (IMO), came into force, requiring the weight (gross mass) of each full container being exported to be verified as a precondition for loading on board a vessel. The responsibility for obtaining, documenting and transmitting the verified gross mass (VGM) of a full container to the shipping line rests with the Shipper and/or Customer.
All containers to which CSC (International Convention for Safe Containers) applies, stowed on a vessel that according to the Administration is subject to SOLAS Convention Chapter VI, must be weighed.
When such VGM is obtained by the Shipper using its own means and is provided to the shipping company directly by the Shipper or through ICONTAINERS, ICONTAINERS shall not be responsible for verifying such VGM weight.
When by virtue of the agreement with the Shipper, ICONTAINERS must be the one responsible for providing the shipping company with the VGM obtained by the Customer, the Customer must provide ICONTAINERS with the VGM of each container, at least 5 hours prior to the arrival of the container at the port terminal. If it does not communicate it in advance, ICONTAINERS will not be responsible for the container not being loaded on the vessel, nor for any possible cost overrun, delay in the delivery of the goods at destination and/or any other claims that may arise, which will be the sole and exclusive responsibility of the Customer. Likewise, any claim or liability asserted against ICONTAINERS regarding the declared weight shall be borne solely and exclusively by the Customer.
The Customer may request ICONTAINERS to verify the gross weight of the container (VGM) on request at the time of booking on the website, and shall pay the price for the provision of such service. ICONTAINERS may verify the weight of the container (VGM), using its own means or through subcontracted companies or, if applicable, through the Terminal that provides such services. The Customer knows and understands that if a container arrives at the port without the verified weight, it cannot be loaded on a vessel.
Clause 12. PAYMENT TO ICONTAINERS FOR TRANSPORTATION SERVICES AND EXPENSES
12.1. Unless special conditions are agreed upon, payment for contracted services, supplies and expenses inherent to transportation shall always be made in advance.
12.2. All expenses related to the goods are always for the account of the party contracting for the shipment and/or the Customer.
12.3. Should circumstances arise after the date of contracting or, as the case may be, after the date of issuance of the shipping documents, which give rise to additional expenses for the provision of the contracted service, such expenses shall be for the account of the party contracting the shipment.
12.4. The standard full container load (FCL) rate includes a maximum of 3 hours free loading time for 20′, 40′ and HC containers. The standard groupage (LCL) rate includes a maximum of 1 hour free loading time. Additional hours will be charged at a rate of 50 euros per hour of delay.
12.5. Customs clearance does not include veterinary, health, pharmacy, SOIVRE, EUR1, etc. certificates, which will be subject to a surcharge of up to 85 euros.
12.6. If the price of the shipping services has not been previously agreed upon, the prices resulting from all categories, for each of the services and operations performed, will apply at the market rates of the place they are performed.
12.7. For the printing of BL’s at destination, the pertinent surcharge applied by the selected shipping company will be applied.
12.8. If it is necessary to send original international documentation by courier, this must be selected on the website under additional services at the time of booking and will incur a surcharge.
12.9. In case of cancellation / modification of booking:
a) If it is a company, 3 days before, 15 euros. 1 day before, 50 euros.
b) In case of individuals, 50 euros if 3 days before. 1 day before, 150 euros.
c) If the cancellation is made on the same day, the costs incurred will be charged together with a surcharge of 100 euros.
12.10. Errors or omissions of information. The validity of the weight and volume in case of groupage will always use as a reference the measurements indicated by the warehouse to which the goods have been taken. If the declared amount is higher, the difference will be credited to the Customer. If the declared amount is lower than the actual amount, the difference plus a 50 euros penalty will be charged.
12.11. B/L modifications: If one calendar day following receipt of the notification, no omission or error is indicated, it will be understood that the B/L is correct and the confirmation operation will be carried out at the shipping company or consolidator. If the shipment is to be sent with a letter of credit, a draft with a copy of the document must be sent to the bank so that it gives its approval. For this type of process, it is understood that there are 48 free hours. In the case of acceptance either by omission or acceptance, an additional 60 euros will be invoiced, and couriers will be freight collect.
12.12. All sums not paid on the due date shall accrue legal interest in favour of ICONTAINERS.
12.13. The shipping contractor, as well as the Shipper and the Consignee in their capacity as parties having interests in the shipment, shall indemnify the Forwarder or the Carrier against any claim for General Average that may affect their goods, and shall provide such security or bond as may be required by ICONTAINERS for this purpose.
12.14. The Forwarder has the right of retention on the goods in their custody, to recoup any type of expense incurred as a consequence of the shipment thereof, including its remuneration, freight, carriage and any other payments to which it is entitled by virtue of the instructions received from the party contracting the shipment.
Clause 15. LIMITATION PERIOD.
Under penalty of forfeiture, the maximum period during which actions may be brought against ICONTAINERS, its dependents and/or employees shall be 1 year from the date of delivery of the goods or, in the case of total loss, from the date on which the goods hypothetically should have been delivered.
Notwithstanding the foregoing, the time limit for the actions derived from the effective performance of the different transport operations shall be in accordance with international conventions that regulate the different means of transportation, and the time limit shall begin to run according to what is established in such documents or conventions.
ICONTAINERS billing for transportation and warehousing services, including costs and expenses, cannot under any circumstances be added to other claims. In absolutely no case, unless otherwise provided by law, may the Customer retain amounts owed to ICONTAINERS, or make payment or set-off possible or alleged outstanding compensation.
Clause 16. LIMITATION OF LIABILITY OF THIRD PARTIES.
ICONTAINERS is authorised to select and contract freight forwarders, agents, carriers, warehouse operators, customs brokers, shipowners, shipping lines, airlines, charter brokers and any other agents as required for the transportation, storage, handling and delivery of goods, all of which shall be considered independent agents of ICONTAINERS.
The goods shall be entrusted to them subject to all conditions (such as limitations of liability for loss, damage, expense or delay in delivery), rules, regulations, stipulations and applicable conditions whether written, printed or stamped, appearing on waybills, bills of lading and receipts issued by such forwarders, carriers, warehouse operators etc. or contained in applicable national regulations or international conventions.
Clause 17. RESPONSIBILITY OF EMPLOYEES/DEPENDENTS.
Any direct legal action against employees and/or dependents of ICONTAINERS, whether permanent or temporary, for loss or damage to the goods shall only be possible within the limits contemplated in clauses 5 and 6. In the event of joint legal action against ICONTAINERS and its employees, whether permanent or temporary, the maximum indemnity shall not exceed the limits stipulated in clause 5.
Clause 18. RIGHT OF RETENTION.
ICONTAINERS has in any case the right in general and in particular to retain the transported goods and documentation of Customers that have not paid the amounts owed by them by virtue of the services entrusted to it as well as when the Customer fails to comply with the terms of payment agreed with ICONTAINERS, in which case such agreement shall be considered invalid and unenforceable and all unpaid amounts shall be considered immediately and automatically due, ICONTAINERS having a right of retention on all goods in its possession. It may assert its rights by any means it deems appropriate that is admissible under the law.
The Customer shall be liable for any damage or deterioration suffered by the goods, especially if they are perishable, due to the right of retention that ICONTAINERS or its agents have had to carry out.
If the goods on which the right of retention is intended to be exercised are lost or destroyed, ICONTAINERS shall have the same rights as mentioned above with respect to the indemnities to be paid by insurance companies, transport companies, etc.
Clause 19 – SURVIVORSHIP CLAUSE
If for any reason any provision of these General Terms and Conditions, or any part thereof, is declared void, invalid or unenforceable by a judge or institution of sufficient competence and capacity, the remaining provisions of these General Terms and Conditions shall remain in full force and effect.
Clause 20. GOVERNING LAW AND JURISDICTION.
These conditions as well as any contract entered into with ICONTAINERS and any dispute arising therefrom shall be governed by and construed in accordance with the laws of Spain.
Any dispute or action that may arise or be exercised against ICONTAINERS, its employees and/or dependents shall be subject to Spanish jurisdiction, and within it, to the courts and tribunals of the city of Barcelona, the Customer expressly waiving any other jurisdiction.
General Terms and Conditions applicable to the provision of removals services carried out by ICONTAINERS SOLUTIONS S.L.
Important note: These General Terms and Conditions contain important terms and conditions of contract applicable to the provision of removals services performed by iContainers Solutions S.L. (hereinafter “ICONTAINERS“). It is important that you read them carefully and resolve any doubts about them before contracting a removals service with ICONTAINERS. If you have difficulty understanding these General Terms and Conditions, you can send us any questions you may have before contracting with ICONTAINERS.
Clause 1. SCOPE OF APPLICATION
The purpose of these General Terms and Conditions (hereinafter, “GTC“) is to regulate the use of removals services, and if applicable, other services related to such removals provided by ICONTAINERS.
These GT&Cs shall apply to all contracts relating to the provision of removals services. The acceptance, without reservation, of these GT&Cs is essential for the provision of services by ICONTAINERS. The Customer declares, in this sense, that it has read, understood and accepted these GT&Cs, made available to it.
The contractual relationship between the Customer and ICONTAINERS is governed by these General Terms and Conditions and the special conditions and shall be subject to the rules applicable to the mode of transport used insofar as they do not conflict with the special rules established for removals contracts. The General Terms and Conditions shall prevail in case of dispute, over any other proposal or exchange of correspondence or the like, as well as over any other agreement of the parties in relation to the subject matter of the contract.
Clause 2. APPLICABLE RULES
These General Terms and Conditions are subject to the provisions of Act 7/1998 of 13 April 1998 on General Conditions of Contracting, Act 15/2009 on the contract for land transport of goods, Act 16/1987 of 30 July 1987 on Land Transport, Act 26/1984 of 19 July 1984, the General Act for the Protection of Consumers and Users, Organic Act 15/1999 of 13 December 1999 on the Protection of Personal Data, Act 7/1996 of January 15 1996 on Retail Trade, Act 44/2006 for the improvement of the protection of Consumers and Users, Royal Legislative Decree 1/2007 approving the restated text of the General Act for the Defence of Consumers and Users and other complementary laws and the Commercial Code and Civil Code.
The removals contract shall be subject to the rules applicable to the mode of transport used insofar as they do not conflict with the special rules established for the removals contracts.
Clause 3. THE CONTRACTING PARTIES
The CUSTOMER means the person, natural or legal, that has contracted the removals services of ICONTAINERS, as well as the party to which the quotation, quote, correspondence or e-mails are addressed, the shipper, sender, receiver, consignee or any of their intermediaries, agents or dependents. The Customer is responsible for full payment for the services provided by ICONTAINERS.
ICONTAINERS is defined as the company that provides removals services for its Customers, as well as other additional and/or associated services, upon express request by the Customer and against payment of the corresponding additional charge.
ICONTAINERS may entrust the performance of the services covered by the contract, in whole or in part, to another company, on a collaborative basis.
Clause 4. PURPOSE OF THE CONTRACT
By virtue of the removals contract ICONTAINERS undertakes to transport furniture, household furnishings, household goods and their complements originating or destined to households, business premises or work centres, from where they are located to the place specifically agreed between the parties, whether in the household, business premises or work centre of destination. The remaining operations, such as preparation, assembly or disassembly, packing, unpacking and other complementary operations, shall be left to the contractual will of the contracting parties.
Removals service is defined as the collection, transportation and delivery of furniture, objects and household goods between two or more locations.
The furniture and/or objects will be placed only once, following the Customer’s instructions or according to a plan provided by the Customer.
Any additional movements or delays not attributable to the removals company shall be for the account of the Customer, which shall pay the costs incurred. The removal will be carried out in accordance with the information supplied by the Customer in sufficient time to allow for the normal organisation of the work to be done. This information is as follows:
- Nature, number and importance of the objects to be loaded (Declaration of objects/inventory).
- Designation of loading and unloading locations, as well as the conditions and study of access to the premises and dwellings for personnel and vehicles (parking lots, corridors, stairways, service elevators and other work in progress in the respective premises).
- Definition of objects the transport of which are subject to special regulations (e.g. works of art, etc.). Any administrative formalities shall be the responsibility of the Customer and ICONTAINERS is not required to verify the correctness of the documents supplied.
In no event shall the declaration of objects and/or the declaration of value of the goods in any document be deemed to be a declaration of actual value that would prevent ICONTAINERS from limiting its liability. These declarations of value are mere manifestations without content, relevance, or value since ICONTAINERS cannot verify the veracity or reality of the value declared by the Customer.
The Customer is responsible for the handling and packing of the goods to be transported, so ICONTAINERS is exonerated from any kind of responsibility arising from the inadequate packing of the objects to be transported, as long as the Customer has not hired our packing service.
ICONTAINERS will provide the customer with packaging material to protect the objects to the extent desired by the Customer, the cost of this material not being contemplated in this contract.
The removals service does not include the transportation of non-permitted or prohibited products, corrosive acids, flammable or explosive materials, nor, unless otherwise agreed, the transportation of cash, jewellery, precious stones, bearer securities, silver objects, works of art, antique or collectible items, etc.
The removals service does not include, except by special agreement, the transportation and handling of safes, pianos and objects of large volume or weight.
ICONTAINERS also reserves the right not to offer removals in certain countries, either in general or in particular cases. ICONTAINERS will in no case assume any import or transit fees, taxes that may be applied by some States for importation or transit of moving objects, or similar charges. These shall always be borne by the Customer.
We are not responsible for any import or transit tariffs or taxes that countries impose for the importation or transit of goods that need to be relocated. The Customer shall be responsible for any import tax.
When the Customer signs a contract for a removal with ICONTAINERS, the following services will always be included:
- Provision of sufficient personnel to carry out the removal
- Movement of the transport vehicle(s) and personnel assigned to the removal to the place of departure
- Loading of the container aboard the transport vehicles by the personnel assigned to the removal
- Transportation of the items for removal to the agreed destination
- Unloading of the items for removal by the personnel assigned to the removal at the place of destination, transfer and storage of the items for removal to or at the place indicated
- Fuel for the transport vehicle(s), materials for proper loading
- All those measures necessary for the correct planning and coordination of the services to be provided
The Customer may contract additional services or other more extensive services, provided that ICONTAINERS offers them and they are accepted. The provision of such additional services will be subject to the payment of an additional amount. By way of example but not limitation, ICONTAINERS offers the following additional services:
- Disassembly and assembly of furniture, kitchens and toilets
- Packing and unpacking of items for removal
- Provision and installation of furniture elevators
- Provision of packaging material
- Storage of items for removal
- Additional insurance
- Import and export customs management
Some of these additional services, if not contracted by the Customer, must be provided by the Customer as collaboration services.
Clause 5. TRANSPORT PROHIBITIONS FOR CERTAIN OBJECTS
ICONTAINERS does not transport any hazardous materials.
In this regard, hazardous materials are substances, preparations (mixtures, solutions) and objects containing substances whose nature, physical or chemical characteristics, or which, due to their condition during transport, may pose a danger to public safety or public order, in particular to the community, to important common assets, and/or to the life and health of people or animals. The regulations may also classify certain goods as hazardous material. Typical examples of hazardous materials are chemicals, liquefied gas, fireworks, gasoline, heating oil, certain fertilisers and/or other easily flammable objects or liquids, certain waste, radioactive substances of any kind (e.g. for medical and technical applications), as well as substances which in small quantities do not pose a hazard, but which in large quantities could be hazardous, e.g. aerosol cans.
Absolute transport prohibitions
Absolutely forbidden is the removal of all those goods that, in general, may endanger the health or safety of persons or things, among which are:
- Trade goods prohibited by laws and regulations (stagnant goods, stolen goods or goods resulting from any unlawful act against private property).
- Chemical products, explosive, toxic, flammable gases.
- Live or dead animals.
- Any perishable product.
Relative transport prohibitions
Forbidden is the removal of high value goods, such as jewellery, money, precious stones, securities, shares or bonds, contracts or important/significant documents, art objects quoted in the art market (paintings, furniture...), objects of incalculable value or other similar objects, among others.
In any case, the Customer releases ICONTAINERS and their insurance company from any liability arising from any incident, claim or dispute that may arise due to the transport and removal of such goods, identified in this section, and therefore waives any claim arising therefrom, the transfer of such goods being at its risk.
In this case, the Customer will be unable to transfer the aforesaid goods, unless there is an express request prior to the contracting of the service and the Customer secures additional insurance cover under the established conditions.
Clause 6. EXTENSION OF SERVICES TO BE PROVIDED BY ICONTAINERS
If the Customer wishes to extend or change any of the contracted services and to the extent possible for ICONTAINERS, the Customer must inform ICONTAINERS at least two days prior to the actual date of the removal by contracting additional services, adding objects to be moved or making other changes. To do so, the Customer must contact ICONTAINERS. The ICONTAINERS team will establish the details with the Customer and guide the Customer through the order modification process as long as the desired change is reasonable and achievable by ICONTAINERS. ICONTAINERS reserves the right to accept or reject such change.
Should the Customer wish to expand the contracted services in a short period of time, or even during the removals process, such request shall be subject to ICONTAINERS consent. Any extension of services shall, in principle, be assumed by the Customer immediately.
Clause 7. CONCLUSION OF THE REMOVALS CONTRACT WITH ICONTAINERS.
The services to be provided by ICONTAINERS to the Customer will be specified prior to the signing of the contract, as follows:
Initially, the Customer provides ICONTAINERS, through its website, by email or telephone, with certain information about the removal, including the date or a range of dates, information about the objects to be moved that enables the categorisation of the volume to be transported, the place of pick-up and the place of destination, and additional services, if any. All specifications made by the Customer must be accurate at the conclusion, taking into account that they will be the basis for the quotation by ICONTAINERS and, if applicable, for the subsequent performance of the removal services within the scope of the quotation. Any incorrect, inaccurate or omitted information will be to the detriment of the Customer and may result in a variation of the cost of transport or early termination of the contract.
Based on the information provided by the Customer, ICONTAINERS will prepare a specific cost proposal and send it to the Customer by email. If the Customer accepts the proposal, ICONTAINERS will make available to the Customer a form/document where the Customer can review all the details of the service and correct them if necessary, or even add information that may have been omitted. Alternatively, the Customer will have the opportunity to contact ICONTAINERS by telephone to discuss the cost estimate, request information about the details of pending orders and, if necessary, review and correct the data and add any information that may be missing.
If the Customer manages the data for the removal on the ICONTAINERS website, the costs of the removal will be calculated and displayed to the Customer in real time. Therefore, in this case the cost estimate will not be communicated to the Customer by e-mail.
The Customer is also required to inform ICONTAINERS about those objects included in the removals service the handling or transport of which are subject to special regulations or to the regime of prior administrative authorisation. In this case, the Customer shall be responsible for the fulfilment, payment and verification of the necessary administrative formalities and the delivery to ICONTAINERS of the documents required for such transport.
Failure by the Customer to comply with the obligations of information and verification of special authorisations indicated in the preceding paragraphs shall exonerate ICONTAINERS from any liability arising from non-compliance or non-observance.
Once all data has been entered and once all necessary details, without limitation including the services to be provided by ICONTAINERS, the time or period of performance and the price to be paid by the Customer, have been determined, ICONTAINERS will make a binding offer to provide the stated services at a specified time or within an agreed period of time, at the stipulated price.
ICONTAINERS shall confirm the order to the customer by email within three (3) business days after receipt of payment. ICONTAINERS shall also have the right to decline orders without giving any reason.
The terms and conditions governing the contractual relationship between ICONTAINERS and the Customer shall be those detailed in the proposal of services accepted by the Customer, these GT&Cs and the rules applicable to the mode of transport used insofar as they do not conflict with the special rules established for the removal contract.
Clause 8. SPECIAL FEATURES OF THE REMOVAL INDUSTRY.
The removals personnel have no authority to make clarifications or changes to the contract.
Please note that the personnel performing the removal on site do not necessarily represent ICONTAINERS, and therefore if the Customer wishes to modify and/or contract additional services during the move and such additional services may be performed, or when it is foreseeable that cost overruns will arise, such cost overruns and additional services must be documented and confirmed by ICONTAINERS in writing.
Mandatory presence of the Customer on site
The Customer is required to be present both on the day of the removal and on the day of unloading at the agreed unloading address, either personally or through another person duly empowered to do so. In case of delays caused by the absence of the Customer or by the absence of a representative of the Customer, ICONTAINERS shall be entitled to an indemnity for stoppage corresponding to €20 for each half hour exceeding the agreed time for carrying out the removal and for each removals employee present on site. After 2 hours of waiting, ICONTAINERS shall be entitled to invoice the customer for the full contractually agreed amount by way of lump sum compensation, with ICONTAINERS not having to carry out the contracted moving service. The Customer shall be allowed in both cases to prove that no damage has occurred or that the damage is considerably less than this lump-sum compensation.
Clause 9. TERMINATION OF THE CONTRACT
The grounds for termination of the Contract are:
- That ICONTAINERS does not have the necessary means to carry out the removal or cannot comply with the agreed dates, for reasons not attributable to ICONTAINERS, without the need for express justification in each case.
- Failure to comply with the agreed payments.
ICONTAINERS may also terminate the Contract when there are hidden circumstances unknown at the signing of the Contract that justify termination considering an acceptable interest of ICONTAINERS, for example in cases of force majeure, strikes and natural catastrophes.
If ICONTAINERS decides to exercise its right of termination, the Customer shall indemnify ICONTAINERS for any damages caused to ICONTAINERS in connection with the order and the termination. This shall include, without prejudice to other amounts to be considered, compensation for any expenses incurred or other expenses that may accrue according to the cause that gave rise to the termination.
In the event of termination, ICONTAINERS shall notify the Customer in writing.
Clause 10. CANCELLATION OF THE CONTRACT
Once the removals service has been contracted, the contract will be binding. However, if the Customer gives notice of termination of the contract, such notice must be given in writing (e-mail will suffice). Notwithstanding the foregoing, ICONTAINERS cannot grant the Customer a right to cancel the contract free of charge, and therefore, should the Customer wish to cancel the contract once it has been concluded, the Customer will be required to pay the following indemnities:
- ICONTAINERS may at any time demand payment of one third of the agreed cost of the removal.
- In cases where the cancellation takes place with very short notice prior to the provision of the services, the indemnity payable by ICONTAINERS may be higher than that established in the previous point. In these cases, ICONTAINERS may demand one third of the agreed remuneration, the corresponding amount for waiting time and those other expenses to be reimbursed, deducting the expenses that ICONTAINERS has not incurred due to the cancellation of the contract.
- In cases where ICONTAINERS is unable to use the transportation vehicles and/or personnel assigned to the removal to perform its services at another location or other costs associated with the removal, the applicable compensation will be 100% of the agreed remuneration.
Any declaration of contract cancellation must be made in writing.
Clause 11. OBLIGATIONS OF THE CUSTOMER
The Customer shall provide, inter alia, the necessary, complete and truthful information regarding the place of loading and unloading of the items for removal, the walking distance from the truck to the door of the house, apartment or premises, the availability and size of elevators and the number of floors, if any, the square metres, the number of rooms, the persons living in the home, the contents of the list of items for removal and any other information requested together with an explanation of the circumstances relevant to the correct performance of the removal.
The Customer shall submit to ICONTAINERS a complete and accurate inventory of the items to be transported.
The Customer shall cooperate with ICONTAINERS by carrying out all actions necessary for the proper performance of the services, such as disassembly and assembly of furniture, toilets and kitchens, packing and unpacking of the items for removal and marking of the parking area reserved for the removal, provided that such services have not been contracted to ICONTAINERS as additional services.
The Customer shall thus ensure that on the day of the removal no obstruction or delay is caused by the Customer’s fault.
The Customer shall obtain the necessary official permits to reserve parking areas during the period of the removal at the loading and unloading site.
The Customer is required to inform ICONTAINERS immediately of any changes in its data, affecting the loading or unloading locations or the items for removal and other relevant aspects for the correct provision of the service, including, but not limited to, construction work started after the acceptance of the proposal, work in the street, closed streets or other obstacles that may occur. These modifications may require the Customer to contract additional services from ICONTAINERS, and for this the Customer will have to pay the corresponding additional amounts.
The Customer must be reachable on the day of the removal at the telephone number provided at the time of signing the contract, even in the hours prior to the scheduled start of the removal.
In the case of removals with origin or destination abroad, the Customer is required to provide ICONTAINERS with all the necessary information regarding the legal or regulatory requirements for the transport of the goods to be transported, as well as the documents that must accompany them. These requirements may result in certain customs charges as well as the issuance of documents such as import, export and health certificates, and exchange of documentation. In this case, the original documents that must accompany the goods during their journey must be delivered completely and correctly completed at least 7 days before the agreed removal date, with as many copies as necessary.
In case the documents are not available at least 7 days before the start of the removal, ICONTAINERS cannot guarantee the service and therefore reserves the right to cancel it. If the Customer is responsible for the delay in delivery of the documents, ICONTAINERS reserves the right to claim compensation for damages incurred. ICONTAINERS is not required to check the accuracy or completeness of the documents submitted.
Clause 12. PRICE OF CONTRACTED SERVICES AND METHOD OF PAYMENT
The Customer shall pay for the service in advance, unless the specific conditions indicate otherwise, at the time of signing this contract. Payment may be made by bank transfer, direct debit, bank card or in cash.
In the event of failure to pay under the agreed conditions, ICONTAINERS reserves the right to exercise all actions within its power to enforce the collection of the amounts due for the contracted service, including the disposal of the goods transported.
Clause 12.bis. OTHER CONDITIONS AND SPECIAL PROVISIONS FOR SHIPMENTS TO AND/OR FROM THE USA OR THE DOMINICAN REPUBLIC.
12.1. ICONTAINERS reserves the right to use an agent at destination from its or the Carrier's network of agents without prior notice, to ensure maximum flexibility and lowest cost.
12.1.2 ICONTAINERS does not handle “DOOR TO DOOR“ shipments except when expressly confirmed by its principals or when the destination charges are available on our website, as in the case of door to door to the United States or the Dominican Republic. In both cases, the terms and conditions will be those stipulated on the ICONTAINERS website, available at the following link: ICONTAINERS INC USA Terms and Conditions (PDF) for USA and ICONTAINERS INC DOMINICAN REPUBLIC Terms and Conditions for Dominican Republic, respectively.
184.108.40.206 For shipments to the United States, ICONTAINERS will provide general destination costs, but these are subject to variation by third parties or ICONTAINERS USA for shipments to the USA.
220.127.116.11 For shipments to the Dominican Republic, ICONTAINERS will provide general destination costs, but these are subject to variation by third parties or INTERWORLD FREIGHT SRL.
18.104.22.168.1 For shipments destined for the Dominican Republic, the following clauses shall apply:
- HHG removals shipments will be accepted only if the shipment is DOOR TO DOOR.
- With the exception to the removals, shipments of used goods will not be accepted.
- Vehicles more than 5 years old since their manufacture are not allowed to enter the country.
12.1.3. In no case are duties, taxes or other expenses derived from customs clearance at destination included in the quotation.
12.1.4. Costs may vary depending on measurements, final weight and final shipping date. All extra costs such as inspections, demurrage, detention or any other extra charges derived from logistics or customs management are not included in the ordinary quotation and will be invoiced when they are accrued and/or the supplier of such service informs ICONTAINERS. These costs shall be for the account of the Customer and shall be immediately paid to ICONTAINERS or its designated agent as a condition for the completion of the service.
Final additional costs may be invoiced directly by the provider, otherwise through ICONTAINERS.
Clause 13. RIGHT OF RETENTION
In accordance with current legislation, in the event of delivery impediments, if the Customer is not at the place indicated for due acceptance of the items for removal or refuses to accept them and/or to pay what is owed, ICONTAINERS or, if applicable, the corresponding collaborator may request the constitution of a deposit of the items before the competent judicial body. This deposit shall have the effect of delivery for ICONTAINERS or the corresponding collaborator, and the transport shall be considered to have been completed.
In any case, ICONTAINERS or the corresponding collaborator may request of the competent judicial body the sale of the items, without waiting for instructions from the person entitled to them, if their nature or the state in which they are found justifies said action or if the custody costs are excessive in relation to their value. In the absence of such circumstances, ICONTAINERS or the corresponding collaborator may only request the sale of the objects if within 48 hours ICONTAINERS has not received instructions from the person that has the power of disposition thereof to do otherwise, the implementation of which is proportionate to the circumstances of the case.
The Customer is fully aware that the objects transported are specially encumbered, and therefore serve as a collateral for the price and expenses due.
Without prejudice to ICONTAINERS’ right to initiate the procedures and actions described above, in such cases of non-compliance, the Customer gives its consent and expressly authorises ICONTAINERS to make any other use of the objects transported, and in particular to retain them, return them to their origin, store them in its facilities, deposit them outside the destination address or take any other measure, all in order to ensure the collection and fulfilment of the obligations contracted. To this end, the Customer declares that it has been informed of the circumstances in advance, that it is aware of their scope and that it has freely and voluntarily given its consent, expressly renouncing claim of any indemnity or liability that may arise from its non-compliance.
Clause 14. ICONTAINERS LIABILITY
The furniture and other items for removal are transported at the risk and peril of the Customer. Consequently, the latter shall be liable for all damages and losses that may occur during transport due to unforeseeable circumstances, force majeure, nature or inherent defects of the goods, in accordance with the regulations in force.
Presumptions of exoneration
ICONTAINERS shall be exonerated from liability where it proves that the loss of or damage to the goods subject to the removal could have been the plausible result of any of the following risks:
a) Deficiencies in the packaging or marking of the goods made by the shipper and/or Customer
b) Handling by the shipper and/or Customer
c) Loading or unloading of goods whose size or weight is not suitable for the agreed means of transport, provided that the carrier has warned the shipper of the risk of damage and the shipper has insisted on the performance of the service.
d) Falsity or incorrectness of the information provided by the shipper and/or Customer.
e) Transport of live animals or plants.
f) The nature of the goods being moved.
ICONTAINERS liability for damage to or loss of transported goods shall not exceed twenty times the Public Multiple Purpose Index/day for each cubic metre of cargo space necessary for the performance of the contract.
The right of action for loss of or damage to the items for removal shall be extinguished if the consignee does not express its reservations in writing to the carrier or its assistants at the time of delivery or, in the case of loss or damage that is not apparent, within seven days after delivery, Sundays and holidays being excluded.
The Customer declares that it has been informed by ICONTAINERS of the consequences of the absence of the aforesaid reservations.
ICONTAINERS is not be liable for damages, delays or losses caused by force majeure or acts of God, such as fire, lightning, floods, etc.; by political or social causes such as sabotage, strikes, riots, military forces or measures, even in times of peace, wars, etc. damage to furniture, objects raised or lowered using difficult balconies or stairways, those caused by the narrowness of doors or corridors and in furniture or objects that prior to the service were glued or restored, damage caused by spills of liquids, substances or acids contained in containers, spontaneous combustion, influence of temperature, fermentation, etc., breakage of coloured marble, glass and mirrors without frames, those due to the nature or defect of things or to any other similar cause.
Local taxes, customs duties, certificates of origin or transfer of residence, consular expenses, transhipments, etc. are not included in the price of the service unless otherwise stipulated.
Any delays that may occur in the service shall not entitle the Customer to any claims, and no time limit can be provided other than for information purposes.
In order to cover the risks of transport, the objects transported shall be insured by the Customer, upon declaration of the total value of the objects transported and payment of the corresponding insurance premium.
Other grounds for exclusion and limitation of liability
ICONTAINERS shall be exonerated from any liability if the loss, damage or failure to meet the delivery date is due to circumstances which ICONTAINERS could not have avoided even with the utmost diligence and the consequences of which could not have been avoided by ICONTAINERS.
Clause 15. INSURANCE CONTRACT
The furniture and other items for removal are transported at the risk and peril of the Customer. Therefore the goods do not travel insured unless the Customer contracts the insurance coverage offered by ICONTAINERS.
The Customer is aware that ICONTAINERS offers the possibility of contracting broader liability or insuring the objects of the removal.
The cost of the insurance shall be a minimum of 50 euros. For shipments of used goods, including personal effects, there is a deductible of 1200 euros.
The company and the insurer are NOT responsible for any shipments to countries that are on the list of countries sanctioned by the USA or the EU.
Clause 16. NOTIFICATIONS AND CLAIMS.
All notifications, claims, demands, requests and other communications to be made by the parties in connection with these General Terms and Conditions must be in writing.
Clause 17. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
If any clause included in these General Terms and Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Terms and Conditions shall subsist in all other respects, and such provision, or the part thereof that is affected, shall be deemed not to have been included.
Clause 18. SUBCONTRACTING
ICONTAINERS may entrust the performance of the services covered by the contract, in whole or in part, to another company, on a collaborative basis.
Clause 19. GOVERNING LAW AND JURISDICTION
These conditions as well as any contract entered into with ICONTAINERS and any dispute arising therefrom shall be governed by and construed in accordance with the laws of Spain.
Any dispute or action that may arise or be exercised against ICONTAINERS, its employees and/or dependents shall be subject to Spanish jurisdiction, and within it, to the courts and tribunals of the city of Barcelona, the Customer expressly waives any other jurisdiction.