DELIVERY OF GOODS AT THE PORT OF KOPER TERMINALS – DELIVERY TIMES
SUBJECT: DELIVERY OF GOODS AT THE PORT OF KOPER TERMINALS – DELIVERY TIMES
considering the fact that we are constantly subject to complaints regarding delays concerning the delivery of goods and consequentially to the Port of Koper terminals we would like to use this opportunity (in order to prevent any future uncertainties and misunderstandings) to address the limitations which in this respect apply to our company.
The contract between the client of the dispatch by rail and our company (which is a company for combined transport, an UIRR "International Union for Road-Rail Combined Transport" member) is a contract having as its integral part the General Conditions of the International Union for Road-Rail Combined Transport (UIRR), see (http://www.adriakombi.si/assets/UIRR_general_conditions.pdf; http://www.adriakombi.si/assets/UIRR_splosni_pogoji.pdf).
Pursuant to these conditions the liability of our company for any not adhering to the delivery deadline is limited, first of all by the stipulation of the CIM COTIF convention (see article 8.3 of the UIRR Terms and Conditions). If a transportation within Slovenia is concerned such limitations are governed by the Railway Transport Contracts Act. Apart from this the liability is also limited by the UIRR General Terms and Conditions. These for example limit the liability for not adhering to the delivery deadline in article 8.5 to twice the amount of the price of the dispatch of the freight carrying unit in question (twice the amount of the compensation we as a company for combined traffic are entitled to). In this respect the following also needs to be considered:
- that our company in no case is liable for indirect or consequential damage which is defined in article 8.7 of the UIRR Terms and Conditions (this applies in particularly for damage due to demurrage for containers, cost of storage at the terminals waiting for loading on a vessel, idle time or production holdups.
»Any liability for indirect or consequential damage is hereby excluded. This is to be understood as referring to the following circumstances in particular: the cost of idle time and loss of benefit in connection with the freight carrying unit and the delivering vehicle or collecting vehicle, the cost of substitute transport arrangements, and damages resulting from loss of profit or from non-use or delayed use of the goods carried, from production holdups or standstills, or from damage to the customer’s image or loss of market share.«
- for the damage due to the failure of adhering to the delivery deadline which our company is not liable any claim by the injured party has to be made within five days from the arrival of the freight carrying unit at the latest, otherwise the enforcement of such a claim is not possible (article 9.6 of the UIRR General Terms and Conditions) – the reason for such a stipulation is of course that we must be able to forward this claim on time to the railway operator.
Considering the fact that in the everyday fast pace of operations the above mentioned can be overlooked, this information is sent with the aim to avoid any such omission. We are of course ready to provide you at any time with any required additional detailed explanations.
Adria kombi d.o.o.