TURING GLOBAL LOGISTICS
BILL OF LADING & CARRIAGE TERMS AND CONDITIONS
Effective Date: [DD/MM/YYYY]
Company: Turing Global Logistics [Legal Entity Name]
This document is a Turing Global Logistics-specific commercial terms draft based on the structure of the supplied Nora Logistics standard conditions, but updated to reflect current multimodal, digital-document and mode-specific liability principles. It is intended for legal review before publication or contractual use.
1. Scope and Application
These Terms and Conditions (“Terms”) apply to bills of lading, sea waybills, house bills of lading, house waybills, multimodal transport documents, road consignment notes, air waybills and other transport documents issued by Turing Global Logistics (“Turing”).
They may apply to sea, road, air, rail or multimodal transportation, subject always to mandatory provisions of applicable national law and international conventions.
Where a mandatory convention or law applies to a particular leg of transport, its mandatory provisions prevail over any inconsistent provision of these Terms.
2. Definitions
“Turing” means Turing Global Logistics.
“Merchant” means the Shipper, Consignor, Consignee, holder of the transport document, Receiver and/or Owner of the Goods, as applicable.
“Shipper/Consignor” means the person concluding the transport contract with Turing or providing the transport instructions.
“Consignee” means the person entitled to receive the Goods.
“Goods” means all property tendered for carriage, including packaging, pallets, containers and similar transport units, unless supplied by Turing.
“Taken in Charge” means that the Goods have been handed over to and accepted for carriage by Turing or on its behalf.
3. Contract and Issuance of Transport Documents
By issuing a transport document, Turing may undertake the transport in its own name or procure all or part of the transport through third-party carriers and service providers.
Turing may use agents, subcontractors, carriers, terminals, warehouses, customs service providers and other logistics providers for performance of the transport contract, subject to applicable law.
The face of the transport document and any specifically agreed written terms form part of the transport contract.
4. Accuracy of Cargo Information
The Merchant warrants that all particulars supplied to Turing, including description, marks, number, weight, volume, quantity, dimensions, value, customs information and dangerous-goods status, are accurate and complete.
The Merchant shall bear responsibility, to the extent permitted by law, for additional freight, customs penalties, storage, demurrage, detention, handling, inspection, return or disposal costs caused by inaccurate or incomplete information.
5. Dangerous and Special Goods
The Merchant must notify Turing in writing before acceptance of any dangerous, hazardous, flammable, explosive, toxic, corrosive, radioactive, biological or otherwise specially regulated Goods.
Applicable requirements, including ADR, IMDG Code, IATA Dangerous Goods Regulations, RID and other mandatory rules relevant to the transport mode, must be complied with.
If improperly declared Goods present a risk to persons or property, Turing may, subject to applicable law and competent-authority instructions, stop the transport, isolate, unload, return, render harmless or dispose of the Goods. Reasonable resulting costs shall be for the account of the responsible Merchant to the extent permitted by law.
6. Packing, Loading, Securing and Inspection
Unless otherwise agreed in writing, the Merchant is responsible for suitable packing, marking, labelling, loading, securing and preparation of the Goods for transport.
Turing is not responsible for loss, damage or expense caused by defective or insufficient packing, loading or securing performed by or for the Merchant, or by containers or transport units supplied by the Merchant, except to the extent caused by Turing’s own fault or where mandatory law provides otherwise.
Turing may inspect or arrange inspection of weight, dimensions, packaging or apparent condition where reasonably necessary.
7. Turing’s Liability
Turing’s responsibility for the Goods generally begins when the Goods are Taken in Charge and ends upon delivery in accordance with the applicable transport contract and law.
Turing is liable for loss of or damage to the Goods, and for delay where applicable, only to the extent established under the governing transport contract, mandatory law and applicable international convention.
Transit times are estimates unless Turing has expressly guaranteed a delivery time in writing.
8. Mode-Specific Liability and Limitation
Liability shall be determined by the mandatory regime applicable to the transport leg in which the loss, damage or delay occurred, where that leg can be identified.
For international road carriage governed by the CMR Convention, the applicable CMR liability regime applies, including the limitation stated in Article 23(3), as amended by the Protocol, currently 8.33 units of account (SDR) per kilogram of gross weight lost or damaged, subject to the Convention’s provisions and exceptions.
For air carriage, the applicable international air carriage convention and mandatory national law shall apply.
For sea or inland-waterway carriage, the mandatory maritime regime applicable to the contract shall apply, including any applicable Hague-Visby, Hague, national carriage-of-goods legislation or other mandatory rules.
For multimodal carriage, where the stage at which loss or damage occurred can be identified, the mandatory liability regime applicable to that stage shall be taken into account. Where the stage cannot be identified, liability shall be determined under the governing multimodal contract and applicable law.
Any declared value or ad valorem arrangement must be expressly accepted by Turing before the Goods are Taken in Charge and recorded in the relevant transport document.
9. Delay and Consequential Loss
Unless expressly guaranteed in writing, arrival and delivery times are not guaranteed.
Turing shall not be liable for consequential, indirect or special loss to the extent permitted by applicable law.
Where liability for delay is mandatorily imposed, the applicable convention or national law determines the extent and limitation of such liability.
10. Delivery and Undelivered Goods
Goods shall be delivered to the Consignee or another person entitled to receive them under the transport document and applicable law.
If the Consignee refuses or fails to take delivery, fails to provide required documents, or customs clearance or another delivery condition cannot be completed, Turing may, subject to applicable law, place the Goods in storage or take other reasonable measures.
Reasonable storage, demurrage, detention, handling, return, disposal and related costs may be charged to the responsible party in accordance with the transport contract and applicable law.
11. Freight, Charges and Payment
Freight and charges are payable in accordance with the quotation, booking confirmation, transport document or other agreed payment terms.
Customs duties, taxes, port and terminal charges, storage, demurrage, detention, inspection, handling and other additional costs shall be allocated according to the agreed Incoterms rule and the applicable transport contract.
Incoterms® regulate the allocation of responsibilities, costs and risks between buyer and seller in the sale contract; they do not by themselves replace or modify Turing’s transport contract or mandatory carrier liability rules.
12. Route, Carrier and Means of Transport
Turing may, where reasonably necessary and subject to applicable law and the transport contract, change the carrier, route, mode, vessel, aircraft, vehicle, terminal, transshipment point or other operational arrangements.
Such changes may be required by carrier schedules, port or border congestion, weather, safety, security, customs restrictions, cancellations or other operational circumstances.
13. Lien and Right of Retention
To the extent permitted by applicable law, Turing shall have a lien or right of retention over Goods and related documents for sums due and payable to Turing under the transport contract or related services.
Reasonable costs of storage, preservation and enforcement may be recovered to the extent permitted by law.
14. Force Majeure
Turing shall not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, epidemics, strikes, lockouts, port or border closures, government measures, embargoes, infrastructure failures, severe weather and similar events.
Turing may take reasonable measures to protect the Goods and continue, suspend, reroute or reorganize the transport as circumstances require.
15. General Average
For sea carriage where applicable, General Average shall be handled in accordance with the governing transport contract and applicable maritime law and rules.
The Merchant shall provide any security reasonably required under the applicable General Average process.
16. Notice of Loss or Damage
Visible loss or damage should be recorded on the delivery receipt or transport document at the time of delivery and notified to Turing promptly.
For concealed loss or damage, the applicable convention or mandatory law determines the required notice period.
Claims should be supported by the transport document, delivery record, photographs, invoices, packing information, valuation evidence and any survey or expert report reasonably required.
17. Claims and Limitation Periods
Claims must be brought within the mandatory limitation or time-bar periods applicable to the relevant transport contract and convention.
Nothing in these Terms extends or reduces a mandatory statutory limitation period unless legally permissible.
18. Subcontractors and Service Providers
Turing may perform all or part of the transport through subcontracted carriers, agents, terminals, warehouses, ports, airports, customs providers and other logistics service providers.
Mandatory liability provisions applicable to the relevant service provider or transport leg remain unaffected.
19. Electronic Transport Documents
Where legally and operationally permitted, Turing may use electronic bills of lading, electronic waybills and other digital transport records.
Digital FIATA FBLs may be used where Turing is duly authorized and the relevant FIATA requirements are satisfied. FIATA currently supports secured digital FBLs and interoperability standards for electronic trade documents.
Where an electronic bill of lading is intended to have negotiable or title-transfer functionality, the parties shall use a system and contractual framework recognized under applicable law. Electronic records shall be handled in accordance with the applicable platform rules and governing law.
20. Insurance
Unless expressly agreed otherwise, cargo insurance is not automatically included in Turing’s freight forwarding or transport service.
Where Turing arranges cargo insurance, the scope, premium, exclusions, deductibles and insurer terms shall be separately agreed.
Carrier liability and cargo insurance are distinct concepts; the existence of carrier liability does not mean that the full commercial value of the Goods is insured.
21. Merchant’s Undertakings
The Merchant confirms that all information provided to Turing is accurate and complete; the Goods are properly packed and prepared; all required permits and documents are available; dangerous or special Goods have been properly declared; customs and trade-control requirements will be complied with; and all instructions required for the transport will be supplied in due time.
22. Applicable Law and Jurisdiction
These Terms are subject to the mandatory provisions of applicable international conventions and national law.
Unless otherwise expressly agreed in writing, the governing law and competent courts shall be those stated in Turing’s transport document or commercial agreement.
Where a mandatory convention provides its own rules on jurisdiction, applicable law, liability or limitation periods, those mandatory provisions prevail.
23. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force to the extent permitted by law.
24. Acceptance
Acceptance of Turing’s quotation, booking confirmation, transport document or commencement of the transport shall constitute acceptance of these Terms, subject to any separately agreed written terms and mandatory law.
These Terms are intended to form part of Turing Global Logistics’ standard contractual framework for international freight forwarding and transport services.
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