The consequences of breach of obligations by carrier or beneficiary

  1. KonEX Company shall be responsible for the loss resulting from the damage or loss of the parcels as well as for the delay in delivery, if the incident that caused the damage, loss or delay in delivery occurred at the time when the parcels were in the custody of KonEX, unless it is proved that no error or negligence has been caused by KonEX or any of its employees or agents caused or contributed to the delay in delivery, loss or damage of the parcels. KonEX may be exempted from liability if it is proved that the delay in delivery or damage of the goods in whole or in part is due to an error caused by the consignor or consignee or their agents or representatives, or due to force majeure, or to an underlying or hidden defect in the goods. KonEX shall also be exempted from liability if there is a lack of volume or weight due to the nature of the goods such as drought or maturity, or for any other reason beyond the KonEX’ control which prevents it from implementing the terms of the contract of carriage.
  2. KonEX shall not be liable for the delay in delivery, damage or loss of the goods if this results from the consignor submitting false data or information about the nature of the goods in the contract of carriage or the waybill and the consignor shall bear all losses and damages if he/she does not submit sufficient documents, data or information or non-conformity with reality.
  3. KonEX shall not be responsible for any loss of volume or weight caused by the nature of the goods during carriage, provided that such loss shall not exceed the percentage prescribed in accordance with the general rules adopted in the carriage of such goods. If the goods are divided into groups or packages and the weight of each is indicated in the document, the allowable deficiency is determined on the basis of the weight of each group or the individual package
  4. KonEX shall be responsible to collect the amounts stipulated by the parties (KonEX and the consignor) under the contract of carriage from the consignee for the consignor’s account upon delivery. If the goods are delivered and payment has not been made, KonEX shall commit to pay such amounts to the consignor without prejudice to its right to go back on the consignee.
  5. KonEX shall be fully liable for the parcels contents and shall be responsible for any consequences arising therefrom.
  6. If it is necessary for KonEX to examine the parcels upon receipt and in the presence of the consignor or his representative in order to verify the contents and require the unpacking or opening of containers, KonEX must return the casings and containers to its original condition, and KonEX has the right to account the consignor or consignee for the value of what was spent as appropriate and in accordance with prevailing costs.
  7. The consignor shall be liable for any damage caused to KonEX if it is proved that such damage was caused by error, negligence or default by the consignor, his employees or agents.
  8. If the nature of the goods to be carried requires special preparation for carriage, the consignor shall do so in a manner that protects them from destruction or damage and does not expose the persons or objects carried with them to damage. The consignor shall be liable for damages arising as a result of breach of this obligation. KonEX shall be liable for the breach of this obligation if it was aware that the consignor has not fulfilled or has neglected the special preparation and has carried out the carriage.
  9. The consignor may request from KonEX after receiving the goods to seize the carriage and return it to him, or to forward it to another person other than the consignee or to a place other than the place agreed upon in the waybill, or any other instructions as long as the goods are in the possession of the company and provided that the consignor pays for what has been carried, the resulting expenses and compensate for the damage caused to KonEX due to the implementation of the new instructions in the following cases:
    • If the original copy of the consignor’s waybill is not delivered stating such instructions with his warranty and signature to pay the additional expenses incurred and to compensate for the damages that may result from its implementation.
    • If it contradicts with other KonEX obligations and adversely affects the conduct of its business, KonEX shall notify the consignor or consignee immediately after receiving the instructions and record such abstention on the copy of the waybill, otherwise it shall be liable for the losses and damages resulting therefrom.
  10. Upon arrival of the parcels and goods at its destination, the consignee must accept the receipt of the goods and has the right to verify the safety of the goods. If the company refuses to allow him to do so, he may refuse to accept the goods.
  11. When the consignee receives the parcels without reservation, his right of recourse against the company due to partial damage or destruction shall be forfeited, unless the consignee proves the status of the goods within thirty days from the date of delivery and the status of the goods shall be proved by specialists from the concerned government authority or by an expert appointed by the competent court.
  12. When the consignee receives the goods or the packages without reservation, the right of recourse against the company due to delay in arrival shall be forfeited unless the reservation is sent to the company within (21) days from the date of delivery.
  13. Notwithstanding any contrary agreement, if the consignee is responsible for payment of the carriage, the company shall have the right to seize the goods until payment of the carriage, storage of the goods, delay penalty, seizure compensation and all other costs incurred by the company in respect of the goods and any compensation due to the carrier under the waybill.