Terms & Conditions

I. GENERAL PROVISIONS

1. Applicability This section delineates the scope of the contract, encompassing unimodal and Multimodal Transport Contracts involving one or several modes of transport.

2. Definitions This part provides essential definitions of terms such as Multimodal Transport Contract, Totallotrade Waybill, Totallotrade Shipping and Transport Ltd., Carrier, Merchant, Consignor, Consignee, Taken in charge, Delivery, Special Drawing Rights (SDR), and Goods.

3. Time Bar Under this clause, it is stated that Totallotrade’s liability under this Waybill expires if a suit is not initiated within nine months after either the Delivery of the Goods or the designated delivery date.

4. Law and Jurisdiction This section establishes the governing law as Polish law and outlines the jurisdiction for dispute resolution, including exclusive jurisdiction for disputes exceeding €50,000 and arbitration for disputes up to €50,000.

II. PERFORMANCE OF THE CONTRACT

5. Methods and Routes of Transportation Here, Totallotrade’s flexibility in carrying out transportation, encompassing various methods, means, and routes, is emphasized.

6. Optional Stowage This clause covers the stowage of Goods, highlighting that Totallotrade may stow Goods using various transport articles without prior notice.

7. Delivery of the Goods to the Consignee Totallotrade’s commitment to ensuring the Delivery of Goods to the Consignee is detailed in this section.

8. Hindrances Affecting Performance This section outlines how Totallotrade will respond to hindrances, risks, delays, and difficulties that may affect the Contract’s performance.

III. LIABILITY OF TOTALLOTRADE

9. Basis of Liability This clause establishes the foundation of Totallotrade’s liability for Goods, from taking them into its charge to Delivery, and outlines exceptions.

10. Defenses for Carriage by Sea or Inland Waterways Under this point, Totallotrade’s non-responsibility for certain losses, damages, or delays during sea or inland waterway transport is clarified.

11. Limitation of Liability This section defines the limits of Totallotrade’s liability based on factors such as declared value or weight of the Goods, subject to international conventions or national laws.

12. Notice of Loss of or Damage to the Goods The notification requirements for reporting loss or damage to Goods are detailed here.

13. Defenses and Limits for Totallotrade, Servants, etc. This clause extends Totallotrade’s liability provisions to its servants, agents, and other persons involved in performance, granting them access to Totallotrade’s defenses and liability limits.

IV. DESCRIPTION OF GOODS

14. Description of the Goods This section underscores the Consignor’s responsibility for providing accurate particulars of the Goods and their compliance with regulations.

15. Return of Containers Rules regarding the return of containers supplied by Totallotrade and liability for loss, damage, or delay are specified.

16. Dangerous Goods Procedures and responsibilities for transporting dangerous Goods are outlined in this segment.

17. Packing and Stowing of Containers, etc. This clause defines liability for damage due to inadequate packing, packing by Totallotrade, or unsuitability of the container.

V. FREIGHT AND LIEN

18. Freight This section states when freight is earned and must be paid, emphasizing that it should be paid in full without counterclaim or deduction.

19. Lien Totallotrade’s right to a lien on the Goods to enforce payment is detailed, encompassing various actions, including sale or disposal of Goods.

VI. MISCELLANEOUS PROVISIONS

20. General Average This clause outlines rules for General Average adjustments and security requirements.

21. Both-to-Blame Collision Clause The incorporation of the Both-to-Blame Collision Clause adopted by BIMCO is specified in this part of the Contract.