Transport Trading Terms

The following terms and conditions (hereinafter “Terms and Conditions”) are the legal basis for the relationship between syncreon and its contracting parties. syncreon does not accept any terms and conditions other than those expressly set forth below. No other terms and conditions shall modify or contradict the Terms and Conditions set forth below unless otherwise explicitly confirmed in writing by syncreon.

I.

Transport by Road

International Transport: 
syncreon liability for cargo loss or damage occurring in connection with international transportation of goods by road is subject to the Convention of the International Carriage of Goods by Road, May 19, 1956 (“CMR”)
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Ireland domestic distribution: 
syncreon liability for loss or damage occurring in connection with domestic distribution within Republic of Ireland is subject to IRISH ROAD HAULAGE ASSOCIATION CONDITIONS OF CARRIAGE 2008  (“IRHA Conditions”)
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UK domestic distribution: 
syncreon liability for loss or damage occurring in connection with domestic distribution within the UK is subject to ROAD HAULAGE ASSOCIATION LIMITED CONDITIONS OF CARRIAGE 2009 (“RHA Conditions”)
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Germany domestic distribution: 
syncreon liability for loss or damage occurring in connection with domestic distribution within Germany  is subject to German Freight Forwarders Terms and Conditions (“ADSp”)
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The Netherlands domestic distribution: syncreon liability for loss or damage occurring in connection with domestic distribution within the Netherlands is subject to Fenex Forwarding Conditions
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Transport by Air

syncreon liability for cargo loss or damage occurring in connection with international transportation of goods by air is subject to the Convention for the Unification of Certain Rules for International Carriage by Air (the “Montreal Convention of 1999”)
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Transport by Sea

syncreon liability for cargo loss or damage occurring in connection with international transportation of goods by sea is subject to the Hague-Visby Rules
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Warehousing/Storage

The Netherlands: syncreon liability for loss or damage occurring in connection with warehousing within the Netherlands is subject to Fenex Warehousing 1995
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UK: syncreon liability for loss or damage occurring in connection with warehousing within the UK is subject to UNITED KINGDOM WAREHOUSING ASSOCIATION CONTRACT CONDITIONS FOR LOGISTICS (the “UKWA conditions”)
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Ireland: syncreon liability for loss or damage occurring in connection with warehousing within Ireland is subject to IRISH INTERNATIONAL FREIGHT ASSOCIATION (IIFA) WAREHOUSING CONDITIONS 1998 (the “IIFA conditions”)
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Germany: syncreon liability for loss or damage occurring in connection with warehousing within Germany  is subject to German Freight Forwarders Terms and Conditions (“ADSp”)
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NOTE:  

Should none of the above listed conditions  apply to your business, please contact Karen Hamilton (karen.hamiltonsyncreon.com) for obtaining further details. Should you not contact syncreon to obtain further details and agree on conditions to apply to your business, the below shall apply:

  1. syncreon liability for damage or loss occurring in connection with transport of goods shall be subject to the Convention of the International Carriage of Goods by Road, May 19, 1956 (“CMR”)
  2. syncreon liability for damage or loss occurring in connection with warehousing activities shall be subject to UNITED KINGDOM WAREHOUSING ASSOCIATION CONTRACT CONDITIONS FOR LOGISTICS (the “UKWA conditions”)

II.

Regardless of its legal ground and to the extent permitted by applicable laws, syncreon liability for any other damages or losses not governed by any of the Terms and Conditions referred to in section I. above shall be explicitly excluded.

III.

syncreon shall not be liable for indirect, special, consequential or liquidated damages, including, but not limited to, loss of profit, loss of or interruption of business loss of use, loss of interest.

IV.

syncreon shall not be liable for any failure to perform solely caused by a Force Majeure Event. A “Force Majeure Event” shall mean an Act of God, breakdown or failure of plant or equipment including transportation or storage facilities, strikes, lockouts, labor disputes of any kind, riot, war, embargo, fire, flood, severe weather conditions, compliance with any order or request of any national, regional or local authority, port authority or other public authority, or any other cause or event unforeseeable and beyond the reasonable control of syncreon.