Chapter 41. Transport Expedition.
Article 801. Transport Expedition Contract.
1. Under a freight forwarding contract, one party (freight forwarder) undertakes, for remuneration and at the expense of the other party (the customer - the shipper or consignee) to perform or organize the fulfillment of the freight forwarding services specified in the forwarding contract.
The freight forwarding contract may stipulate the obligations of the freight forwarder to arrange transportation of goods by transport and along the route chosen by the freight forwarder or customer, the freight forwarder’s obligation to conclude a freight forwarding agreement (contracts) on behalf of the customer or on its own behalf, to ensure the shipment and receipt of cargo, as well as other duties related with the carriage.
As an additional service, a freight forwarding contract may envisage the implementation of such operations necessary for cargo delivery, such as obtaining documents required for exporting or importing, performing customs and other formalities, checking the quantity and condition of cargo, loading and unloading it, paying duties, fees and other expenses incurred by the client, storage of cargo, its receipt at the destination, as well as the performance of other operations and services provided for by the contract.
2. The rules of this chapter also apply to cases where, in accordance with the contract, the obligations of the freight forwarder are performed by the carrier.
3. The conditions for the performance of a freight forwarding contract are determined by agreement of the parties, unless otherwise provided by the law on freight forwarding activities, other laws or other legal acts.
Article 802. The form of the contract of transport expedition.
1. The contract of transport expedition is in writing.
2. The client must issue a power of attorney to the freight forwarder if it is necessary for the performance of his duties.
Article 803. Responsibility of the freight forwarder under a freight forwarding contract.
For non-fulfillment or improper fulfillment of obligations under the agreement of the expedition, the freight forwarder shall be liable on the grounds and in the amount determined in accordance with the rules of Chapter 25 of this Code.
If the freight forwarder proves that the breach of obligation is caused by improper execution of the contracts of carriage, the freight forwarder’s liability to the customer is determined according to the same rules that the carrier is responsible to the freight forwarder.
Article 804. Documents and other information provided to the freight forwarder.
1. The client is obliged to provide the freight forwarder with documents and other information about the properties of the cargo, about the conditions of its transportation, as well as other information necessary for the freight forwarder to fulfill the obligations stipulated in the freight forwarding contract.
2. The forwarding agent is obliged to inform the client about the discovered deficiencies of the received information, and in case of incomplete information, request the necessary additional data from the client.
3. In the event that the client fails to provide the necessary information, the freight forwarder has the right not to take up the relevant duties until such information is provided.
4. The client shall be liable for damages caused to the freight forwarder in connection with the violation of the obligation to provide information specified in paragraph 1 of this article.
Article 805. The performance of the duties of a forwarder by a third party.
If it does not follow from the freight forwarding contract that the forwarder should perform his duties personally, the forwarder has the right to involve other persons in the performance of his duties.
The imposition of the performance of an obligation on a third party does not relieve the forwarder from liability to the client for the performance of the contract.
Article 806. Unilateral refusal to execute the contract of transport expedition.
Either of the parties has the right to refuse to perform the contract of transport expedition, warning about it to the other party within a reasonable time.
In the event of a unilateral refusal to perform the contract, the party that declared the refusal shall indemnify the other party for losses caused by the termination of the contract.
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