Shipping policy

  1. General conditions: for anything not provided herein, the General Conditions - Confetra practiced by Italian Couriers and Forwarders deposited with the national Chamber of Commerce on 01.07.97 are considered valid.
  2. Object: under and for Legislative Decree 286/2005, the carrier means BRT SpA, with a registered office in Milan, Foro Buonaparte 67, and an operational and administrative office in Bologna, via E. Mattei 42, registered in the Register of haulers of things on behalf of third parties, as exactly specified in the following art. 21. The carrier undertakes to transport goods according to the type and quantity provided for in the Transport Documents and any case in compliance with the indications contained in the registration document of the vehicles used for transport. The places of delivery of the goods and those of delivery of the same at the destination will be those resulting from the Transport Documents as provided for in the following art. 17.
  3. Conditions of Payment-Compensation-Penalty-Forfeiture: transport is assumed under the General Conditions - Confetra which provides for payment upon collection and/or delivery of the goods (or at the latest 30 days from the invoice date) unless otherwise agreed upon. In any case, the payment terms also constitute a time limit for any disputes regarding the amount due. Payment of invoices determines the acceptance of the applied rates. The payment term will be understood to have fully expired from the first working day following the deadline indicated on the invoice. Delayed Payment: provides for the debit of default interest in an amount of 7 points higher than the single reference rate (in effect on the date of the request for interest), in addition to the expenses for the recovery of the credit, with the application of the penalty envisaged by art. . 6, Legislative Decree 231/2002, except for the greater damage. Failure to pay even a single invoice, or splitting of it if foreseen, determines the forfeiture of the agreed benefit of the term, with all legal consequences in this regard, as well as the application of default interest to the extent indicated above with effect from the invoice date without the need of formal notice. The forfeiture of the benefit of the term will authorize BRT to issue an invoice, for any of its credits, with demand payment. The parties expressly agree that the carrier has the right to offset the credits accrued by the sender against the carrier for any reason, including the amounts of cash on delivery cashed on behalf of the sender, the credit notes issued by the carrier in favor of the sender and the compensation for ascertained damage to the transported goods, with the sums owed by the sender to the carrier as payment for the transport services performed. The sender therefore hereby authorizes the carrier to operate said compensation.
  1. Responsibility of the Carrier: Transportation to Italy is carried out in accordance with the law, specifically articles 1693, 1694, and 1696 of the Civil Code, as amended by article 10 of Legislative Decree no. 286/2005. This law establishes a compensation limit in case of loss or damage to the transported goods, which amounts to 1.00 (one) euro per kilogram of the gross weight of the lost or damaged goods. By express and mutual agreement of the parties, this limit will apply not only to cases of loss and damage to the goods but also to all other cases which directly or indirectly affect the carrier's liability.

Transportation abroad is governed by the CMR Geneva Convention (Law 1621/60 and subsequent amendments). Therefore, the compensation limit provided for in the convention will be applied, which is calculated based on Special Drawing Rights multiplied by a coefficient of 8.33, and represents the compensation per kilogram of the gross weight of lost or damaged goods. This limit also applies in case of delay.

If the purchaser has not mandated insurance coverage for all risks, they agree not to hold the Carrier liable for amounts exceeding the compensation limit established by Legislative Decree no. 286/2005, the CMR regime, or the Warsaw Convention, depending on the applicable law.

Whether or not insurance coverage is mandated, the consignee must provide specific and detailed reserves in the waybill regarding the apparent state of the goods and their packaging. The mere affixing of generic reserves has no value. In this last case, the Carrier will not be held responsible for the loss or damage of the transported goods.

Any claims related to the Carrier's liability for partial loss or damage to the transported goods, not immediately recognizable at the time of delivery, must be communicated in writing to the Carrier within 8 calendar days from the date of receipt for national shipments. For international shipments, the terms established by the Geneva Convention CMR (L. 1621/60 and subsequent amendments) will apply, also under penalty of forfeiture if the deadline is not met.

  1. Cargo insurance: Insurance coverage against all risks is provided only after a mandate is given in writing and accepted before the collection of shipments, with charges incurred on the values ​​indicated, fixed or variable (for shipments from abroad carriage forward, coverage is provided only with the special mandate with a fixed value). Any insurance coverage against all risks, with a specific insurance mandate or with the value of the goods shown in the DDT, called AC-PLUS, in any case, provides for the maximum refundable limit of € 100,000.00 for all shipments directed to each recipient in the same day. Any insurance coverage against all risks with a specific mandate called AC-BASE provides for a maximum compensation limit of € 6.2 per kg.
  2. Presumption of Fortuitous: without prejudice to the carrier's liability rules referred to in the previous art. 4, the parties expressly agree in recognizing that the robbery event, which involves the total or partial removal of the goods, whether it occurs during transport or the storage phase at the carrier's or third-party warehouses, will result in the carrier's exemption from liability, having to configure itself as a hypothesis of unforeseeable circumstances and force majeure.
  3. Terms of Surrender: The delivery terms, which must in any case comply with the rules on speed limits and driving and rest times, are suspended on Saturdays and Sundays, on weekdays during public holidays, during the summer and winter vacation periods specified by the Category, on days when circulation is prohibited, due to force majeure, and between 6 pm and 8 am every day. The carrier provides indicative delivery terms; any mandatory delivery commitments must be specified on the D.D.T. by the sender and accepted in writing by the manager of the carrier's branch. Any proven non-compliance may entitle the sender to a refund of only the transportation costs of the individual shipment, excluding any direct or indirect damage. Normal delivery terms cannot be guaranteed in the presence of goods that do not conform to the agreed weight and/or size standards. Delivery terms are deemed to refer to the time the goods are entrusted to the carrier. Orders for the collection of goods received in the morning are usually executed on the same day, unless otherwise agreed or in the case of difficult locations. Requests received in the afternoon or relating to difficult locations will be scheduled for the next working day. In the event that the object of transport consists of envelopes for participation in tenders, tender bids or similar procedures, the Sender must: (i) make specific written mention of it in the D.D.T.; and (ii) specify in writing the final and mandatory delivery deadline to the recipient; provided that (iii) the carrier will be free to accept or refuse the transport and that the mandatory delivery commitment must be accepted in writing by the manager of the carrier's branch. In the absence of any of the elements referred to in points (i) - (ii) - (iii) above, the carrier, even if he has carried out the transport, will be liable, in case of non-delivery or delayed delivery, for a refund of only the transportation costs of the shipment, excluding any direct and/or indirect damage. On the other hand, in the presence of all the elements referred to in the aforementioned points (i) - (ii) - (iii), the carrier, in case of non-delivery and/or delayed delivery, will be liable only for a refund of twice the transportation costs of the individual shipment, excluding any direct and indirect damage, unless the sender proves that the carrier acted with fraud or gross negligence.
  4. Stock: Occurs due to impediment to delivery due to refusal, unknown recipient, or untraceable recipient; upon return of the goods, the "stock" is opened and the sender is immediately notified. Once the agreed days have elapsed from the communication of stock to the sender, without the latter having provided precise written instructions, the goods will be returned. Storage costs will be charged as agreed.
  5. Validity of the proposal - express termination clause: The validity of the proposal is subject to the return of a copy of the tariff contract bearing the two signatures of acceptance; the same can be resolved at any time, by the cancellation to be communicated within 30 days. of notice. Failure to support the shipments in the agreed quantities will lead to the revision of the quotations of the proposal itself. Failure to pay for transport within the agreed deadlines will result in the immediate termination of this contract, this being considered as an express termination clause. The time limits for the validity of the tariffs are indicated in the item "Rate valid from/to", but the clauses of the contract remain valid in the presence of continuity of service beyond the expiry date, and lapse only upon cancellation with the aforementioned notice.
  6. Dangerous goods: it should be noted that since the carrier does not have regular authorization, nor does it have the availability of vehicles equipped for the transport of dangerous goods in compliance with the provisions of the ADR and the legislative and regulatory provisions in force, they will not be accepted for the transport of goods however classifiable as dangerous. If the carrier has to bear damage and a consequent pecuniary prejudice of any kind due to the inaccuracy of the information provided and the declarations made by the sender regarding the exact nature of the goods under art. 1683 of the Civil Code, the latter will be required to indemnify and hold harmless the carrier from any related pecuniary damage suffered by the latter.
  7. Cash on delivery: The sender must provide the cash on delivery instructions exclusively by indicating it on the DDT, alongside the essential data required by the carrier to deliver the goods (such as weight and package details). This should be done clearly and visibly with the words "cash on delivery" or "OD" for direct shipments abroad, followed by only two payment options: "check made out to the sender" or "bank draft made out to the sender", and the amount in Euros (or currency of the destination country if outside the Euro area) shown in figures and letters. The instructions must also be highlighted using the appropriate "Mark" adhesive slip provided by the carrier or the sender's "mark" stamp, which unequivocally highlights the cash on delivery mandate. Non-compliance with these formalities will result in the carrier being exempt from liability in case of failure or incorrect collection of the cash on delivery. As agreed by both parties, the carrier will not be held responsible for any irregularities, forgeries, or uncovering of current account or bank drafts that are accepted as per the sender's instructions. If legal provisions limit cash collection, the carrier is authorized to collect cashier's checks made out to the sender for amounts exceeding the permitted cash collection limits, following the above-mentioned instructions. In case of errors and/or omissions on c/cheques on shipments derived from electronic archives or data transmission provided by the sender, the carrier is exempt from liability and reserves the right to recover costs related to cancelled markings.
  1. Collection and/or delivery points (PUDO):

BRT makes use of a network of collection and/or delivery points on national and international territories.

The shipment can be delivered to a PUDO if it has the following characteristics:

- weight less than 20 kg, volume less than 0.2 m3, with the longest side less than 1 meter. - free port and unmarked.

It is mandatory to transmit to BRT: the recipient's email address and/or telephone number, to promptly notify him when the shipment is available at the PUDO to be picked up. Further details are available on the website www.brt.it.

  1. Goods not acceptable by the carrier's organization:
    1. Weight and size limits:·packages weighing more than 1,000 kg.·parcels higher than 180 cm·parcels longer than 400 cm.·parcels longer than 140 cm. if weighing more than 50 kg.·packages whose length of the longer side, added to the circumference or perimeter of the smaller sides, exceeds 700 cm.·for abroad by DPD: weight limit per package kg. 31.5 - length cm. 175 - total dimensions cm. 300. By EuroExpress: pallets larger than height 180 cm - length 120 cm - width 120 cm.; maximum weight 1000 kg. Packages larger than height 120 cm - length cm. 300 - width 150 cm - volume 2 m3; maximum weight 50kg.
    2. Unpacked parcels - plates - demijohns - boats - agricultural machinery - motor vehicles - crates or machinery that cannot be handled on pallets. For foreign countries via EuroExpress: personal effects, goods directed to trade fairs, goods directed to post office boxes, deliveries to depots, deliveries with time windows

For foreign countries via DPD: goods on pallets, goods directed to fairs, goods directed to post office boxes, and deliveries by appointment.

  1. Valuables - paintings - antique furniture - household goods - live plants and/or animals - controlled temperature or easily perishable products - securities - securities - coins - lottery tickets or various vouchers - non-reproducible articles and documents - collections - goods whose transport is prohibited by law (e.g.: weapons, drugs, monopoly tobacco, revenue stamps, etc.) - dangerous goods - waste of medicines or materials for medical and/or biological research - flammable or dangerous goods (ADR) - goods subject to UTIF and/or legitimation bills (mineral oils). For group C goods, if erroneously entrusted and accepted, the carrier assumes no responsibility and they cannot be insurable by carrier policies.
  1. Transportation of food and/or medicines: only non-perishable foodstuffs and/or medicines duly packaged and packaged by the law are accepted, except those that can be transported and/or stored at a controlled temperature.
  2. Expertise for exceptional performance and/or particular services: collections and deliveries of goods are understood to be carried out at the sender's or recipient's street number or in the different place indicated in the transport documents (DDT). For loading and unloading, collections and deliveries carried out in ways that make exceptional and ancillary services indispensable, a fee will be due, respectively by the sender or the recipient, to cover the higher costs incurred (e.g.: deliveries to floors, both superior or inferior or other causes that characterize an inconvenient delivery, to supermarkets or equivalent, to international shippers or deliveries to be carried out in time slots agreed with the sender or recipient, goods to be packaged, coded goods, goods to be placed on shelves, etc. and any other case of excessive use of operational time, for example, diversion for reasons not due to the carrier). Specific surcharges may be applied for particular traffic or particular operating conditions. Furthermore, responsibilities will be applied due to collection and/or delivery operations in urban areas, historic centers, pedestrian areas, and extra-urban areas with particular traffic restrictions or with traffic in any case difficult, in addition to the recovery of costs for collections attempted but not carried out due to of the customer.
  3. Weighing law: an agreed charge is foreseen for the detection of the real weight, through automatic sorting machines.
  4. Transport documents: The transport documents must contain all the essential data for the execution of the transport:
    • Address of the consignee, complete with exact zip code and initials of the province of destination, VAT number, or tax code of the consignee, if the transport is assigned.
    • Recipient's mobile phone number and/or email address
    • Sender's address complete with postal code and province, VAT number, or tax code
    • Number of packages and nature of the goods
    • The exact volume of goods is expressed in cubic meters. - Gross weight expressed in Kg.

In case of incorrect indications, the shipments will be invoiced based on the weights and volumes detected by the carrier, even after the acceptance of the shipment and in the absence of the customer. The outcome of the check carried out with systems certified by third parties, will be authentic in the relationship between the carrier and the customer.

  1. Right of Retention: as per article 23 of the Confetra General Conditions, to cover all credits in any case deriving from the assignments entrusted, even if already performed, also relating to periodic or continuous services, the right of retention will be exercised on what is in the possession of the carrier, both goods and marks.
  2. Archival research and documentation: there is a charge for viewing/sending copies of documents for which there is no statute of limitations. After 1 year from the assignment of the shipment, BRT may destroy the proofs of delivery of the shipment itself.
  1. Jurisdiction: for any dispute (in any case relating to transport relations between the parties), the Court of Bologna is exclusively competent, with the express exclusion of those provided for by law as an alternative.
  2. Ministerial Authorization for Freight Transport: National Register of Road Hauliers MI/0884680/C/BO, Global Authorization GA6N3S/BO000580 dated 24/08/1999.
  3. Personal Data Processing: the sender declares to have received and read the information provided under art. 13 of EU Regulation 679/2016 - General Data Protection Regulation - RGPD, attached to the tariff contract.
  4. Additional covenants: any additional or amending agreement to the above clauses must result from a written deed signed by the manager of the carrier's branch. Otherwise, said agreements cannot be considered valid and will not bind the carrier in any way. Any request for ancillary services, such as delivery methods, terms or conditions, or specific times, must result from a written deed signed by the manager of the carrier's branch.
  5. Applicable law: without prejudice to the applicability of the CMR provided for in the article "Liability of the Carrier", for any dispute (in any case relating to the transport relationship between the parties), upon the express and mutual agreement of the parties, Italian law is applied.
  6. Transportation of shipments subject to law 136/2010 – “Traceability of financial flows”: it should be noted that, due to the particular methods of carrying out the service, the carrier is not able to ensure compliance with the provisions of law 136/2010 and its subsequent amendments and additions. For these reasons, shipments that fall within the scope of the law are not accepted. If the carrier has to bear damage and consequent pecuniary damage, of any kind, due to the sender's failure to comply with this contractual clause, the latter will indemnify and hold harmless the carrier from any related pecuniary damage from this 'last immediately.
  7. Legislative Decree 8 June 2001 n. 231 and code of ethics: BRT has adopted its own Organizational, Management, and Control Model (MOG) and its own Code of Ethics. These documents are available on the company website at www.brt.it. The adoption of the OMM and the Code of Ethics intends to express BRT's commitments and ethical responsibilities in conducting its business and responding to the need to ensure conditions of correctness and transparency in the performance of corporate activities. By signing the contract, you declare that you know and are obliged, also on behalf of your employees and/or collaborators, to comply with the provisions of the OMM and the Code of Ethics adopted by BRT, abstaining from behaviors that could constitute the hypotheses of crime referred to in the aforementioned decree and aligning the performance of your activity with the provisions contained therein, under penalty of early termination under art. 1456 of the Civil Code. In any case, BRT's rights to obtain compensation for any damages suffered remain unaffected.
  8. Anti-Corruption / Embargoes / Liability: The Sender declares, guarantees and acknowledges that he has operated and will continue to operate in compliance with any applicable anti-corruption legislation. In particular, the Sender declares and guarantees that he will not make, offer, promise, or authorize any donation of money or other valuables to obtain or maintain a business, or to ensure the conclusion of a business a particular subject, or to obtain an illegal advantage, in violation of the applicable rules.

The Sender declares and guarantees to comply with all applicable national and international regulations regarding embargoes. In this regard, the Sender declares and guarantees to comply with (i) national and international regulations relating to dual-use products, (ii) any restrictive measure or embargo imposed under the sanction plans of the United Nations or any other national or international program, (iii) with national and international regulations on the fight against terrorism and money laundering, or any other similar activity.

The Sender declares and guarantees that he is not included among the subjects or companies listed in the SDN list (list drawn up under Executive Order 13224 to identify subjects suspected of terrorism, or any other more recent text of the Office of Foreign Assets Control (OFAC) published on the official website http://www.treasury.gov/resource-

center/sanctions/SDN-List/Pages/default.aspx, on any successor site or any other official publication of such list) or in any other United Nations list or similar national or international lists.

Furthermore, the Sender has been suitably informed and therefore expressly accepts that his data, the data of his Customers and Recipients relating to the performance of the Services are loaded into the BRT SDN control device, to verify that the Sender himself, its Customers, and Recipients are not included in the SDN list or any other list of the United Nations or in similar national or international lists. The Sender undertakes to inform its Customers and Recipients about the use of their data by BRT. The Sender also undertakes to communicate to BRT any information if he becomes aware or suspects that his employees, Customers,

Otherwise, the Sender's behavior will be considered in violation of these Conditions and BRT will have the right, at its total discretion, to (i) interrupt or suspend the Services, (ii) transfer any necessary information to the competent authorities, and/or ( iii) apply the procedure required by the competent authority, including the return or destruction of the Parcel, at the expense of the Sender. The Sender is required to inform its Customers and Recipients in advance about the methods of providing the Services, as well as the aforementioned rights of BRT to obtain their complete consent.

BRT will never be held responsible for the interruption or suspension of the Services, nor for the transmission of Customer or Recipient data following a request from the competent authorities, nor for the destruction of the Parcel nor for any other similar measure taken by BRT in the application of this Clause.

Furthermore, the Sender undertakes to indemnify and indemnify BRT for any loss and/or damage that may derive from the violation, by the Sender itself, its employees, customers, and/or recipients, of all national and international regulations on the subject anti-corruption and embargo.

  1. Customs Code of the European Union – Liability: The Sender declares that the goods, before being entrusted to the Carrier: - have been cleared for importation into the European Union. In this case, the Sender declares and guarantees that the aforementioned goods have been definitively cleared for import (released for free circulation and consumption) by the requirements of the Union Customs Code (Regulation (EU) No. 952/2013, and subsequent amendments, which establishes the Customs Code of the Union); or - it was produced in the European Union.

The Carrier may in no case be considered the consignee of the goods, according to the definition provided by the Union Customs Code, nor its EORI number nor its VAT number may under any circumstances be used for import customs declarations or export without your prior written consent.

The Sender also declares and guarantees that the aforementioned goods comply with European product regulations.

Any violation of the aforementioned declarations and guarantees will result in the full and unconditional liability of the Sender, without the need for any communication to this effect from the Carrier. The Sender will be liable for all the economic consequences of such violation and will be required to compensate the Carrier for all damages suffered by the same.