Approved by the Ministry of Transport and Communications of the Republic of Moldova of December 9, 1999 No. 9/12

Rules of provision of forwarding services

I. General provisions

1. These rules are developed by the Ministry of Transport and Communications according to Article 2 and article 54 of the Code of road transport (The organic law N116-XIV of 29.07.98, the Official monitor, 1998, Art. N90-91, 581) and determine procedure for provision of forwarding services in the Republic of Moldova.

2. Provision of forwarding services is understood as forwarding servicing as productive activity which consists in the organization of cargo hauling, ensuring its sending and obtaining, accomplishment or the organization of accomplishment of other transactions connected with all stages of transportation.

3. Determinations:

the freight forwarder - the legal entity or physical person which signed the contract for rendering forwarding services to the customer;

the customer - the legal entity or physical person which signed the contract for rendering forwarding services with the freight forwarder;

carrier - any physical person or legal entity performing carriage of goods by own vehicles (the actual or valid carrier), or any physical person or legal entity which is carrying out carriage of goods by means of assignment on itself obligations of carrier on cargo delivery to the receiver (contractual carrier). The freight forwarder can act as contracting carrier;

load - any property shown to transportation;

the order - the document issued by the customer to the freight forwarder on the organization of transportation and forwarding service of the customer.

II. Organization of forwarding servicing

4. Forwarding servicing is performed based on the prisoner between the customer and the freight forwarder of the forwarding agreement.

The agreement is signed in writing according to the legislation of the Republic of Moldova.

5. Types of forwarding services:

- packaging (unpacking), marking, packaging, sorting and storage of loads;

- weighing of loads (or) vehicles;

- accomplishment of handling works;

- fixing, shelter and coordination of loads, provision of devices and materials, necessary for these purposes;

- the choice of the optimum scheme of carriage of goods under the terms of the customer;

- cargo reception from warehouse (terminal) of the customer, from carrier, delivery and delivery of load to warehouse (terminal), to carrier for delivery to destination;

- the organization of cargo hauling from the place of departure to the destination;

- execution of carriage documents;

- maintenance and protection of load in transit;

- implementation of settlings with carrier for cargo hauling accomplishment;

- cargo insurance;

- in case of international carriages accomplishment of customs procedures, ensuring putting down of the visa in the passport;

- accounting in transit load;

- calculation of rational loading of vehicles, schemes of placement and cargo lashing;

- notification on departure, location and arrival of load in destinations (disposition of promotion of load);

- information on types of service, rates and operational modes of other freight forwarders and other operational data;

- consultation on the questions connected with forwarding servicing;

- other services connected with cargo hauling.

6. When implementing forwarding servicing of property within the signed agreement by the customer issues the order on forwarding.

7. Along with the contract or the order for forwarding the carrier and the freight forwarder process transport documents according to the legislation of the Republic of Moldova and international treaties or agreements (commodity-transport delivery notes, the international way bills (CMR), bills of lading, etc.).

8. Calculations between the freight forwarder and the customer for rendering services are made based on the forwarding agreement.

9. The method and route are transported on the basis of the order of the customer on forwarding. If the order incomplete, or does not correspond to the agreement, the freight forwarder has the right to risk and for customer account to be effective as he considers suitable in the developed situation.

10. Cargo insurance can be performed by the freight forwarder only according to the written order of the customer. At the same time insurance is made taking into account exceptions and insurance policies of the insurance companies or guarantors assuming risks.

11. Loads which can cause damage to other loads (dangerous goods) and also perishable loads are accepted by the freight forwarder only according to the written order.

If such loads are transferred to the freight forwarder without special instructions, the customer assumes responsibility for all losses which can arise in connection with transportation and transfer of these loads.

12. The forwarding services rendered to the population in the territory of the Republic of Moldova are performed order-based which is confirmed by the recharge note.

The forwarding services rendered to the population include any actions for loading, unloading, forwarding, packaging and transportation of property (household objects, baggage and other property).

The receipt is the document of primary accounting, the special mode with protective marks, series and number established on a centralized basis.

III. Forwarding agreement

13. Under the agreement the freight forwarder shall for payment from name and for customer account to execute or organize accomplishment of the services connected with cargo hauling.

14. The agreement shall contain the following conditions:

- name and addresses of the parties;

- subject of the agreement;

- rights and obligations of the freight forwarder;

- rights and obligations of the customer;

- calculations for transportation;

- responsibility of the parties.

The agreement by agreement of the parties can join also other conditions.

The approximate version of the agreement is applied to these rules (Appendix 1) and has advisory nature.

IV. The order on forwarding

15. The order on forwarding is the document issued by the customer to the freight forwarder on the organization of transportation and forwarding service of the customer. The forwarding order is issued as within the signed agreement, and can be one-time.

16. If the order on forwarding is issued by the customer within signed between the customer and the freight forwarder of the agreement and availability of the approved rates, the freight forwarder accepts such order to execution immediately after its obtaining.

17. If the order on forwarding is issued by the customer as separate task, confirmation of the freight forwarder on execution of such order is necessary. The order confirmed with the freight forwarder is considered as the signed contract for rendering forwarding services.

18. The order on forwarding is issued in writing.

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