Tiếng Việt
中文Short answer: A trader providing logistics services is a trader that organises the receipt, transport, warehousing, customs procedures, etc. of goods for a client in return for remuneration. The law specifies the rights, obligations and limits on compensation liability of logistics traders in Articles 235–241 of the Commercial Law 2005.
Legal basis
- Articles 233–241 of the Commercial Law 2005 — logistics services.
Rights of logistics service traders
- Receiving service remuneration and other reasonable costs agreed with the client;
- Refusing to carry out unlawful requests from clients;
- Retaining goods (right of retention) to secure payment of remuneration and costs when the client is late in payment, as agreed and prescribed by law.
Obligations of logistics service traders
- Performing fully and correctly the operations agreed in the contract;
- Preserving goods while performing the service;
- Promptly notifying the client of issues arising that affect the goods;
- Purchasing insurance for goods when requested by the client;
- Delivering goods to the correct consignee, at the correct place and within the agreed time;
- Keeping client information confidential.
Limits on compensation liability
- The logistics trader is liable for losses caused by its own fault in relation to the goods;
- Compensation cap: as agreed by the parties; absent agreement, the limits prescribed by sectoral laws for each type of transport or service apply;
- Exempt from liability in cases of force majeure, the client’s fault, or the inherent nature of the goods.
Obligations of the client
- Providing complete, accurate information and documents about the goods;
- Paying remuneration and costs on time;
- Being responsible for the lawfulness of goods entrusted to the logistics trader.
If you need to determine the appropriate approach for your specific situation, you should discuss it with a lawyer beforehand to have your file reviewed and a suitable solution advised.
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- Logistics services and business conditions
- What to note in logistics service contracts?
- Handling goods that do not conform to the contract
