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4 th IRU-LAS-AULT SEMINAR SESSION IV – SECURING COMMERCIAL GOODS TRANSPORT AND INSURANCE CONTRACTS Alexandria, 5 November 2012 (c) International Road Transport.

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Presentation on theme: "4 th IRU-LAS-AULT SEMINAR SESSION IV – SECURING COMMERCIAL GOODS TRANSPORT AND INSURANCE CONTRACTS Alexandria, 5 November 2012 (c) International Road Transport."— Presentation transcript:

1 4 th IRU-LAS-AULT SEMINAR SESSION IV – SECURING COMMERCIAL GOODS TRANSPORT AND INSURANCE CONTRACTS Alexandria, 5 November 2012 (c) International Road Transport Union (IRU) 2012

2 IRU General Conditions for the International Carriage of Goods by Road Alexandria, 5 November 2012 Jean Acri IRU Special TIR Advisor Page 2 (c) International Road Transport Union (IRU) 2012

3 Why IRU General Conditions? Page 3 (c) International Road Transport Union (IRU) 2012 CMR National Legislation Contractual Sphere General Environment CustomsCustoms TransportTransport SocialSocial New TechnologyNew Technology

4 Contractual Sphere Page 4 (c) International Road Transport Union (IRU) 2012 Standard Contract (in France ‘Contrat Type’) Bilateral commercial negotiations Oral agreementOral agreement

5 External Influence of the Contractual Sphere Page 5 (c) International Road Transport Union (IRU) 2012 Transport and road safety legislation/regulation Social legislation/regulation Customs legislation/regulation Economic legislation/regulation

6 External Influence of the Contractual Sphere Page 6 (c) International Road Transport Union (IRU) 2012 Development of new technology and IT communication tools Authorised Economic Operator e.CMRe.CMR WCO advance cargo information

7 IRU reviewed its General Conditions Page 7 (c) International Road Transport Union (IRU) 2012 Better protect transport operators legitimate interests Simple approach, avoid gaps

8 IRU General conditions for the International carriage of goods by road - Main innovations Page 8 (c) International Road Transport Union (IRU) 2012 Closely follows chronology of the road transport contract from: ExecutionExecution NegotiationsNegotiations AgreementAgreement PaymentPayment Resolution of disputes

9 (c) International Road Transport Union (IRU) 2012 IRU General conditions for the International carriage of goods by road - Main innovations Prepare for the future (RR) Ensure commercial transparency Page 9 1. General Conditions and conclusion of the contract for the international carriage of goods by road1. General Conditions and conclusion of the contract for the international carriage of goods by road 1.1 Every contract (…) shall be governed by the CMR (…) even if said contract is in the framework of performing a contract for the international carriage of goods wholly or partly by sea.1.1 Every contract (…) shall be governed by the CMR (…) even if said contract is in the framework of performing a contract for the international carriage of goods wholly or partly by sea. 1.3 Services ancillary (…) shall be listed in an estimate stipulating the offer’s validity.1.3 Services ancillary (…) shall be listed in an estimate stipulating the offer’s validity.

10 (c) International Road Transport Union (IRU) 2011 COMMISSION ON LEGAL AFFAIRS Page 10

11 (c) International Road Transport Union (IRU) 2011 COMMISSION ON LEGAL AFFAIRS Page 11

12 IRU General conditions for the International carriage of goods by road - Main innovations (c) International Road Transport Union (IRU) 2012 Protect Economic interests of the carrier Page Remuneration of the Carrier and payment methods14. Remuneration of the Carrier and payment methods 14.2 (…)14.2 (…) If the actual time required to perform the contract and/or services exceeds the time and/or services agreed in the estimate, the Carrier shall be entitled to additional payment proportionate to such additional time/services.If the actual time required to perform the contract and/or services exceeds the time and/or services agreed in the estimate, the Carrier shall be entitled to additional payment proportionate to such additional time/services.

13 IRU General conditions for the International carriage of goods by road - Main innovations Page 13 (c) International Road Transport Union (IRU) 2012 Protect Economic interests of the carrier 14.4 The Carrier shall pass on to the debtor of carriage charges the financial consequences of fuel price alterations…14.4 The Carrier shall pass on to the debtor of carriage charges the financial consequences of fuel price alterations… 14.5 The Carrier shall pass on to the debtor of carriage charges the amount of road taxes and charges…14.5 The Carrier shall pass on to the debtor of carriage charges the amount of road taxes and charges… 14.6 Payment within 30 days from the invoice.14.6 Payment within 30 days from the invoice.

14 (c) International Road Transport Union (IRU) 2012 IRU General conditions for the International carriage of goods by road - Main innovations Use of IT Technology Page 14 3 Use of electronic consignment notes3 Use of electronic consignment notes 3.1 The Parties to the contract of carriage grant the possibility to issue and use the CMR consignment note by electronic communication and authenticated by a reliable electronic signature or by any other electronic authentication method permitted by the law of the country in which it was made.3.1 The Parties to the contract of carriage grant the possibility to issue and use the CMR consignment note by electronic communication and authenticated by a reliable electronic signature or by any other electronic authentication method permitted by the law of the country in which it was made. 3.2 The electronic consignment note has the same legal and commercial value, including the evidentiary value, and has the same effects as if it were in paper form.3.2 The electronic consignment note has the same legal and commercial value, including the evidentiary value, and has the same effects as if it were in paper form.

15 (c) International Road Transport Union (IRU) 2012 IRU General conditions for the International carriage of goods by road - Main innovations Use of IT Technology 4 Declaration obligations of the Carrier and Sender and electronic data transmission4 Declaration obligations of the Carrier and Sender and electronic data transmission 4.1 (…) the Sender undertakes to provide any data pertaining to security or safety which the carrier…4.1 (…) the Sender undertakes to provide any data pertaining to security or safety which the carrier… (…)(…) Page 15

16 (c) International Road Transport Union (IRU) 2012 IRU General conditions for the International carriage of goods by road - Main innovations Use of IT Technology The procedure used for supplementing or amending the consignment note or customs declaration shall enable any supplement or amendment to the electronic consignment note or customs declaration to be detected and shall preserve the original particulars.The procedure used for supplementing or amending the consignment note or customs declaration shall enable any supplement or amendment to the electronic consignment note or customs declaration to be detected and shall preserve the original particulars. If the Sender has undertaken to transmit data direct to any customs authorities the number of the relevant customs declaration is to be provided to the Carrier.If the Sender has undertaken to transmit data direct to any customs authorities the number of the relevant customs declaration is to be provided to the Carrier. Page 16

17 (c) International Road Transport Union (IRU) 2012 IRU General conditions for the International carriage of goods by road - Main innovations Protect carrier’s situation Page 17 Clause related to counterfeited/falsified goodsClause related to counterfeited/falsified goods 4.5 The Sender shall be liable to the Carrier for all expenses, loss and damage (penalties, fines, delay, vehicle immobilisation, etc.) resulting from the handing over of falsified or counterfeit goods to the Carrier, regardless of their nature.4.5 The Sender shall be liable to the Carrier for all expenses, loss and damage (penalties, fines, delay, vehicle immobilisation, etc.) resulting from the handing over of falsified or counterfeit goods to the Carrier, regardless of their nature.

18 (c) International Road Transport Union (IRU) 2012 IRU General conditions for the International carriage of goods by road - Main innovations Protect carrier’s situation Page 18 5 Insurance5 Insurance 5.2 If the Sender so requires, the Carrier must insure, at the Sender’s expense, the goods entrusted to him for carriage. In that event, it is presumed that the Sender himself has not taken out insurance on the same goods.5.2 If the Sender so requires, the Carrier must insure, at the Sender’s expense, the goods entrusted to him for carriage. In that event, it is presumed that the Sender himself has not taken out insurance on the same goods.

19 IRU General conditions for the International carriage of goods by road - Main innovations Page 19 (c) International Road Transport Union (IRU) 2012 Differentiate between ancillary and logistic services Ancillary Provision of vehicle and driver for agreed carriageProvision of vehicle and driver for agreed carriage Loading by the driverLoading by the driver Load stowing and securing servicesLoad stowing and securing services Unloading by the driverUnloading by the driver Warehousing by the driverWarehousing by the driver Declaration of a special interest in delivery (if required by the sender)Declaration of a special interest in delivery (if required by the sender) Declared value, insurance premium if insurance requestedDeclared value, insurance premium if insurance requested Idle time during loading and unloading (2 hours included)Idle time during loading and unloading (2 hours included) Customs export, import or transit formalities including security safetyCustoms export, import or transit formalities including security safety Return of supports of loads and palletsReturn of supports of loads and palletsLogistic Freight forwarding (organising the movement of goods with a view to delivering these to the consignee(s) designated by the Client/SenderFreight forwarding (organising the movement of goods with a view to delivering these to the consignee(s) designated by the Client/Sender Preparation for transport/preparation for deliveryPreparation for transport/preparation for delivery Customs formalities/procedures (customs store, bonded warehouse, suspensive procedure, etc.)Customs formalities/procedures (customs store, bonded warehouse, suspensive procedure, etc.) Warehousing, storage, stock management, sorting, supervision and controlWarehousing, storage, stock management, sorting, supervision and control Buffer stock managementBuffer stock management Order assemblingOrder assembling Handling (preparation and movement of shipments)Handling (preparation and movement of shipments) Assembly/packaging/repackaging of goods (packing, marking, labelling with a view to preparing an order or shipment)Assembly/packaging/repackaging of goods (packing, marking, labelling with a view to preparing an order or shipment) Supplying the customers of the Client/Sender as per the latter’s instructionsSupplying the customers of the Client/Sender as per the latter’s instructions Distribution of the goods to the customers of the Client/Sender according to the latter’s instructionsDistribution of the goods to the customers of the Client/Sender according to the latter’s instructions Transport Law Presumed liability Presumed liability Obligation of results Obligation of results Commercial Law Strict liability Strict liability Fault must be proven Fault must be proven

20 Page 20 (c) International Road Transport Union (IRU) 2012


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