The following conditions apply to each type of service performed by the Forwarding Agent. The Party that engages the Forwarding Agent for actions and activities is considered a Forwarding Agent’s Client, regardless of the agreed means and form of payment.
These conditions are applied regardless of the actions’ and activities’ complexity, as the conditions for Shipping Agents, Customs Brokers, Insurance Agents, Warehouse Companies, Packaging Officers etc.
If quotation, prepared by the Forwarding Agent, don’t bear the validity date, are considered to be only informative.
All offered prices should be based on tariffs, per diems, social insurance expenses and/or legal provisions, freight charges and foreign currency exchange rates valid at the time of the Offer or at the time of concluding the contract. If any of these factors are altered, the offered or agreed price should be appropriately and retroactively changed in the time when the alteration occurred. The Forwarding Agent should be able to prove the alteration, based on his free will and without any obligation to do so.
If not otherwise stated, the all-in or fixed tariffs should not include the following expenses: Customs, taxes and fees, expenses for bank guarantee issuance and insurance policies.
For specific work, unusual work or work that requires particular time or effort, an additional reasonable amount of money can be charged.
If the loading and/or reloading time are inadequate – regardless of the reason for it – all incurred expenses such as storage; waste of time etc. should be paid by the Client. Some specific expenses and higher per diem rates in cases when transporters (according to the existing Regulations or Contracts) are loading and reloading at night, on Saturdays, Sundays or holidays, should not be included in the agreed price, unless otherwise stated. The Client should pay any of these expenses to the Forwarding Agent.
The Forwarding Agent will make an effort to include the Against-All-Risks Insurance (AAR) or other types of insurances in the shipment only when he/she receives written instructions from the Client in a required time period prior to the shipment’s delivery from the place of departure. At the same time, the Client has to state the insurance’s type and amount. The Forwarding Agent prepares no Insurance and does not guarantee Insurance without having received a request from the Client, except in cases when the Client has a general policy directly concluded with the Insurance Company and instructs the Forwarding Agent to include the shipment in the mentioned Insurance Policy. The Insurance has to be confirmed with a Certificate or issued Insurance Policy and it will be put into effect only if accepted by the Insurance Companies. If the Insured Person has any misunderstanding regarding his/her rights and responsibilities, incurred by any reason, he/she should address it directly to the Insurer and the Forwarding Agent takes no responsibility for it, without understanding that the shipment was insured according to the issued Insurance Policy on Forwarding Agent’s name and account or that the Client – Insured should not pay the Insurance Policy’s premium to the Forwarding Agent. If, due to any reasons, the shipment is retained in a warehouse or any other place, the Insurance will not be valid unless the Forwarding Agent receives written instructions from the Client. The Client pays all insurance-related premium and expenses.
Except when the Client gives written instructions, in all other cases the Forwarding Agent is given freedom to choose the means, the route and the procedure to be followed in the handling of the shipment, the transport and the final delivery. If the Forwarding Agent advises the Client that certain individual or a company has been selected to perform the services related to the shipments’ transport, that doesn’t necessarily mean that the same individual or company will finish the specific responsibility. In shipment’s interest, as well as depending on the transporter, the Forwarding Agent has a discretionary right to change the originally selected transport roads, routes or agents.
The Client should ensure that the goods and papers are presented on the agreed place and time. The Forwarding Agent is not obliged, but is authorized to check whether what’s been submitted is correct and complete. The Forwarding Agent should be authorized, but not obliged, according to his own authority, and on Clients account and risk, to take all necessary actions that he/she believes should be taken and are in interest of the Order’s Issuer.
The Forwarding Agent should not work as an Expert. In any case, he/she should neither be held responsible for any Instruction or Regulation issued by a relevant Governmental Institution referring to the goods’ nature or quality, nor should, on any account, be held responsible to verify that the actual transported goods are the same as the samples taken.
The Customs Broker Agent is obliged to continually follow all legal and sub-legal acts and regulations related to the right of import and export of goods and services. In compliance with the Contract Law and The General Operating Conditions of International Forwarding Agents in Macedonia, the Customs Broker offers his/her services in mediation of import-export customs clearance on basis of an oral or written Contract with his/her clients. The Client is obliged to timely submit all necessary information related to the shipment’s type, its value and origin needed in order to perform the customs clearance procedure.
In any case, the Customs Broker bears no responsibility to the Customs Authorities on behalf of his/her Client regarding the correctness of the declared data referring to the type and quantity of each shipment presented, according to the received documents. The Client is responsible for all expenses incurred as a result of shipment’s detention from the Customs Authorities due to irregularities in the declaration process. Furthermore, the Client will be held responsible for all consequences related to an irregular shipment’s declaration. If, according to the existing Regulations, the Customs mediator should bear a material-criminal responsibility for any irregularities related to the shipment incurred without his/her awareness and influence, the Client pays all Court expenses and eventual sentences. In such cases, in order to protect the Customs broker’s reputation and honesty, the Client is responsible to publicly announce that it was his/her fault that said Customs broker was involved in such illegal activities without Agent’s awareness and intention for it.
Unless otherwise regulated with a Contract, the Customs Broker is never responsible for payment of customs or other duties on behalf of his Client. The payment of all duties related to shipment’s import or export are a sole responsibility of the Client. The Customs Broker can pay the duties only in cases when the Client has made an advance payment.
The Forwarding Agent is authorized to select and engage Transporters, Sub-Forwarders, Customs Mediators, Warehouse Companies and everything else needed in order to execute the Client’s Order. The Forwarding Agent can allow the above-mentioned engaged parties to handle the shipment under the conditions for limiting the liability in cases of a loss, damage or late delivery of the shipment, regardless of the fact that a liability limitation has been written, typed or printed on waybills or other issued transport documents. The Forwarding Agent never bears responsibility for eventual damage, loss or late shipment arrival, in cases when the shipment is under surveillance, affiliation or control by a third party selected to handle the shipment.
The Issuer of the Order should pay the Forwarding Agent the agreed amount of money and all incurred expenses such as transport expenses, customs duties and other expenses resulting from the contract and/or the conditions, at the arrival time but prior to the final delivery of the received or sent goods.
The Issuer of the Order bears the risk related to changes in currency exchange rates. The agreed amount of money and the other incurred expenses such as freight charges etc. regulated with the Contract and/or these conditions will also be paid if a damage occurs while executing the Contract. If, contrary to Paragraph 1 from this Article, the Forwarding Agent allows deferred payment, the Forwarder is authorized to ask for additional expenses for the credit limit.
If the Client doesn’t immediately pay the due amount in the agreed time period, the Forwarding Agent is authorized to ask for legal interest. In case of a Contract cancellation, all Forwarder’s claims, including the future claims, should be fully paid. The Client should be always obliged to pay the Forwarding Agent the Order-related amount additionally requested by Authorities, as well as any relative penalties against the Forwarding Agent. The Client is also responsible to pay the Forwarding Agent all amounts if the third party, engaged by the Forwarder, asks for payment within the Forwarding Contract. The Client should always reimburse the Forwarding Agent for any Order-related amount as well as any additional expenses that may be asked by the Forwarding Agent as a result of misapplied freight charges or expenses.
If the Client continues to avoid payment of his/her responsibilities, the Forwarding Agent maintains his/her right for retention – keeping certain shipment until all overdue claims are paid.
Some circumstances (including strikes or blockades) that the Forwarding Agent is not responsible for, but fully or partially prevent the execution of responsibilities will release the Agent from his/her responsibilities related to the Order whose execution is prevented by such circumstances for the time period while those circumstances last. In such cases, the Forwarding Agent may, but does not have to, cancel the contract (even if a fixed date for shipment’s delivery has been agreed), and even if part of the Order has been partially realized. In such cases, the Client has the same rights considering the fact that the contract cannot be executed. If the Forwarding Agent or the Client withdraw i.e. cancel the contract due to the above-mentioned reasons, the Forwarding Agent has to be compensated for all incurred expenses.