Article 12. Obligations and rights of cargo loader
1. Follow the correct loading and unloading process for each type of goods; ensure the safety of people, vehicles, goods and equipment during the process of loading and unloading goods.
2. Responsible for loading and unloading cargo according to the cargo plan or the captain's instructions.
3. Guaranteed time for loading and unloading goods as agreed, unless otherwise agreed.
4. The loader and unloader has the right to refuse to load or unload the bags and packages containing goods that do not meet the conditions specified in Article 4 of this Circular.
Article 13. Obligations and rights of the lessee
1. Prepare the goods in accordance with the contract agreed with the person loading and unloading.
2. Provide information about goods to the person loading and unloading the goods before loading and unloading the goods according to the agreement.
3. Claim compensation when the person loading and unloading the goods fails to comply with the contract signed with the person loading and unloading the goods.
Article 14. Time of loading and unloading of goods
Unless otherwise agreed between the transport dealer and the transport hirer, the time for loading and unloading goods is calculated as follows:
1. The time for loading goods is counted from the time when the vehicle arrives at the port or terminal and the transport charterer has received the notice from the transport dealer until the goods are loaded onto the vehicle, the transport charterer has Sign the shipping document.
2. The time for unloading the goods is counted from the time the vehicle arrives at the port or terminal and the transport dealer has informed the charterer to the time when the freight hirer has finished unloading the goods from the vehicle and the transport charterer has signed. Confirm on shipping paper.
Article 15. Methods of delivery and receipt of goods
1. Based on the contract and the transport document, the delivery and receipt of goods shall be carried out on the principle that according to the method of receiving goods, the goods shall be returned according to that method.
2. Methods of delivery and receipt of goods include:
a) Deliver and receive according to the number of bags and bales;
b) Deliver and receive according to the original lead pair;
c) Delivery and receipt by weight (whole weight or inspection balance in proportion), by volume (measured in cubic meters or measured in liters);
d) Delivery and receipt according to draft, the parties agree to determine the density of water at the place of loading and unloading of goods.
Article 16. Responsibilities when delivering and receiving goods
1. The delivery and receipt of goods is done through the side of the vehicle. The side of the vehicle is the boundary to determine whether the goods are the responsibility of the transport charterer or the responsibility of the transport dealer, unless otherwise agreed.
2. Stipulate responsibilities in cases delivery and receipt of goods.
a) In the case of cargo loading, if the goods are within the range from the side of the vehicle to the vehicle, then the goods are considered to have been delivered to the transportation dealer and under the responsibility of the transportation dealer; if the goods are outside the side of the vehicle, such goods are considered to have not been delivered to the transport dealer and are the responsibility of the transport hirer;
b) In the case of unloading, if the goods are within the range from the side of the vehicle into the vehicle, such goods are considered to have not been delivered to the consignee and are under the responsibility of the transportation dealer; if the goods are outside the side of the vehicle, such goods are considered to have been delivered to the consignee and are the responsibility of the carrier;
c) In case the goods are torn, spilled or broken during the loading and unloading process, if it is the fault of any party, that party shall be solely responsible;
d) In case the loading and unloading must be stopped to settle a dispute over the delivery and receipt of goods, the party at fault must pay the arising costs.
Article 17. Settlement of arising in the delivery and receipt of goods
1. When delivering goods according to the number of bags or bales, if the bags are intact or the bags and bales still have lead clips, the transport dealer is not responsible for the weight, volume and condition of the goods on the side. in.
2. When delivering goods in their original lead-capsule or bags, if the seals and lead clamps are intact, the transport dealer is not responsible for the goods. If the seals, lead clamps are not intact, the transport dealer must be responsible when the goods are damaged, missing or lost, except for force majeure.
Article 18. Handling of damaged or overdue goods in storage or yard
1. When detecting that goods stored at warehouses or yards of ports or wharves have self-damage or force majeure, the conservator must promptly take measures to handle and immediately notify the lessee. know. If, after 06 hours, from the time of receiving the information (according to the signature of the conservator' or according to the date and time of the confirmed post office) the conservator has no opinion, the conservator has the right to request the preservation agency. has authority to make records and handle them; The tenant must bear the costs incurred.
2. During the process of loading and unloading, if the packaging is torn or broken below the specified or agreed level, the the lessee is responsible for collecting, packing it and bear the costs incurred. If the broken part exceeds the limit specified or agreed, the party at fault must bear the costs incurred.
3. If the goods are in the warehouse or yard of the port or wharf, the time limit specified in the contract has expired, if the person preserving the goods wants to move or collect them, he/she must notify the lessee in advance of the preservation of the goods. Within 15 days from the date of receipt of information (according to the signature of the conservator or the date and time of the post office confirmation), if the conservator does not respond, the conservator has the right to move, collect The consignee and the lessee who preserves the goods must bear the costs incurred.