I. The legal relations
II. The storage contract
III. The commencement and completion of the storage contract
IV. The storage of the goods
V. Ordering the storage of goods
VI. Responsibility for the goods
VII. The entitlement to compensation for damages during storage and claiming entitlement
VIII. The right of lien
IX. The protocol of non-conformity
The legal relations
- The storage conditions of Czech Ports plc (České přístavy, a.s.) apply for all covered and uncovered stores and storage areas in the Czech Republic and abroad and for the vessels operated by this company (hereafter simply referred to as the storage provider) in the Czech Republic or abroad.
- The legal relations between the storage provider and the party ordering the storage (hereafter simply referred to as the consigner) are subject to the storage contract, provided it is not decided otherwise, to these storage conditions and to the provisions of Act no. 513/91 Coll. (the Commercial Code) as amended.
The storage contract
- By concluding the storage contract (or the bilaterally confirmed order), the storage provider pledges to take delivery of the goods for storage and care and the consigner pledges to pay the storage provider the storage fee in return for doing so.
- The storage provider is obliged to take delivery of the goods when they are submitted by the consigner and to confirm the receipt of the goods in writing.
- The consigner will pay the storage fee from the day of the receipt of the goods and will do so at the amount and in the manner agreed to in the storage contract.
- If the consigner fails to remove the goods by the date of the expiry of the contract, the storage provider will be entitled to the payment of the storage fee throughout the entire period during which it provides storage for the goods.
- The consigner is obliged to pay default interest for any late payment of the storage fee in accordance with the provisions of section 369 of the Commercial Code upon being called to do so by the storage provider.
- The storage fee covers all of the costs associated with the storage. It does not cover the cost of unloading the goods for storage from the means of transport, loading the goods after the completion of the storage or the insurance of the goods.
- The storage provider is not obliged to have the goods insured, even if requested to do so by the consigner. The consigner may insure its goods at its own expense.
The commencement and completion of the storage contract
- The storage contract commences upon being signed by the consigner and the storage provider and as of the date which is contained within it.
- The storage contract expires on the date which is designated within it or in accordance with its wording. The completion of the loading is considered to be:
- the handover of the loaded railway wagon(s) to the railway transporter, if the goods are transported from the storage point by rail;
- the acceptance of the load by the driver, if the goods are transported from the storage point by road;
- the acceptance of the load by the vessel captain, if the goods are transported from the storage point by water.
The storage of the goods
- The storage provider will decide on whether the goods are suitable for storage and under what conditions. The storage provider is not obliged to conclude a storage contract or to store the goods. The storage provider does not have to give a reason for refusing to store the goods.
- The storage of the goods according to these storage conditions especially means the period between the following acts:
- the receipt of the goods for storage at the stores, on the covered loading ramps, at the storage areas or on the vessels and the storage according to the consigner’s written instructions in accordance with the storage contract;
- the issuance of the goods from the store, the covered loading ramp, the storage area or the vessel according to the consigner’s written instructions in accordance with the storage contract;
- The storage provider may undertake the following acts upon the basis of a special order and for a payment over and above the storage fee:
- the unloading of the goods from the incoming means of transport and their transfer to the storage point or the transfer of the goods from the place of storage to the loading point for the outgoing means of transport and the loading of the goods;
- the weighing of the goods;
- the counting of the goods;
- the sorting of the goods;
- the labelling of the goods;
- the bagging of the goods, bundling, loading on pallets, the securing of the goods with straps;
- the taking of samples from the stored goods;
- the securing of the goods against climatic influences according to the consigner’s instructions.
These acts may also be agreed to in the storage contract.
- The storage provider is obliged to store the goods of each consigner separately from the other stored items with labelling showing which consigner the goods belong to. The consigner is entitled to check the state of the stored goods and to take samples from them.
- The storage provider is entitled to transfer the goods to another place in the store or to another store without any order from the consigner. However, the storage provider will only be entitled to remuneration, if it undertakes such a transfer at the order of the consigner or if the consigner has not removed the goods within the agreed deadline.
- The storage provider usually accepts goods according to the brands, number, amounts of items or according to the dimensions or weight included in the accompanying documents and their annexes as submitted by the consigner. The goods are usually stored and issued according to the brands, number, amounts of items or according to the dimensions or weight included in the accompanying documents and their annexes as submitted by the consigner. The thus designated amounts are binding for the consigner and the storage provider. If the goods are not weighed upon receipt, the storage provider will not be liable for the weight, but only for the number of items or for the dimensions.
- The goods may be issued from the store all at once, in batches or one by one, but always upon the basis of a written order from the consigner.
- If the storage contract has been concluded for a specific period, the consigner may retrieve the goods prior to the expiry of the contract, but must pay the storage fee for the entire contracted period before doing so.
- The storage provider may withdraw from the storage contract for the storage of the goods:
- if the consigner has withheld the dangerous nature of the goods and if the storage provider is subject to the threat of significant damage caused by said goods;
- if the consigner is more than 1 month in default with the payment of the storage fee;
- if there is the threat of the occurrence of significant damage to the stored goods and the storage provider is unable to prevent it;
- if the consigner fails to remove the goods after the expiry of the period, during which the storage provider was obliged to store the goods;
- at any time due to urgent public interest (if the bodies of the state administration so designate or if they issue a decision ordering this). After withdrawing from the contract, the storage provider will designate a reasonable deadline for the removal of the goods and will inform the consigner of this deadline in writing along with notification of the fact that it will otherwise sell the goods in accordance with section 534 of the Commercial Code, as amended.
- If the consigner does not clear the store within the designated deadline (does not give an order to clear the store or does not enable the clearance of the goods from the store) and does not reach an agreement with the storage provider on the extension of the storage contract, the storage provider will be entitled to charge the consigner a contractual penalty amounting to 25% of the agreed storage fee for the first week (including the commenced week) over the deadline, 50% of the agreed storage fee for the second week (including the commenced week) over the deadline and 100% of the agreed storage fee for the third and every other week (including the commenced week) over the deadline.
- Once the deadline set by the storage provider for the clearance of the goods in the case of the withdrawal from or the termination of the storage contract has expired without effect, the storage provider may sell the goods at the expense of the consigner, having first informed the consigner of this. The storage provider may deduct the storage fee and any costs associated with the sale from the returns from the sale, the remainder of which the storage provider must issue to the consigner without delay.
Ordering the storage of goods
- The storage provider must receive an order for the storage/issuance of the goods from the consigner at the latest at the beginning of the unloading/loading of the goods for storage/issue from the store. Once the goods have been accepted into the store, the consigner will receive a confirmed bill of delivery or a bill of loading.
- The consigner’s order will specify the following:
- the type of goods (including their six digit code according to the Customs Schedule of the Czech Republic);
- the amount (weight, number of items, type of packaging, brands and numbers);
- the number/name of the ship, wagon or vehicle on which the goods arrived in the port or on which they should depart;
- where the goods have come from or where they are to go;
- the type and scope of the required storage services;
- the other requirements (store under a roof, cover with a tarpaulin, weigh, count, sort, repack, etc.)
- The storage provider is not obliged to accept the storage order.
Responsibility for the goods
- The storage provider is responsible for any damage to the stored goods which arises after their acceptance for storage and up to the day of the issuance of the goods from the store, unless the storage provider could not have prevented this damage even by exerting all due specialist care – natural disasters.
- The storage provider is not liable for any damage to the goods, if it has been caused by:
- the consigner or the owner of the goods;
- a fault or the natural nature of the stored goods;
- faulty packaging which the storage provider pointed out to the consigner upon receipt of the goods and which the storage provider noted in the confirmation of the acceptance of the goods; if the storage provider failed to notify the consigner of any faulty packaging, the storage provider will only not be responsible for any damage to the goods, if the fault in the packaging was not immediately apparent.
- If any damage arises in the manner set out in the previous paragraph, the storage provider will be obliged to exert all due care in order to ensure that said damage is as minimal as possible.
The entitlement to compensation for damages during storage and claiming entitlement
- 1. If the storage provider is obliged to provide compensation, the storage provider must compensate the price which any lost goods had at the time of their submission for storage. The storage provider is not liable for any indirect or subsequent damage.
- In the case of the damage, debasement or partial loss of the goods, the storage provider will be obliged to compensate the difference between the price of the goods at the time of the receipt of the goods for storage and the price which the goods have in their damaged state or after their partial loss.
- The price of the goods is designated according to the invoice (taxation document), the customs documents or the last quoted prices for these goods at the commodities exchange.
- If the damage is clear and apparent and has been entered in the appropriate document (the Czech Rail Commercial or General Record, the international freight document or the bill of loading for road transport or the bill of loading for water transport) during the receipt of the goods by the storage provider, the storage provider will be entitled to refuse the consigner’s claim of compensation for damages and to refer the consigner to the transporter which brought the goods (consignment) to the port. The storage provider will inform the consigner without delay as to any damage to the goods which has been ascertained upon the receipt of the goods.
- If the goods are issued from the store without a damage report (a report of any shortfalls, faults), the consigner will not be authorised to claim compensation for damages upon the basis of any damage to the goods discovered after they have been issued from the store.
- A consigner claiming compensation for damage (shortfalls, faults) to the goods will submit the following along with the justification of the claim:
- the storage contract;
- the record of finding with any eventual annexes;
- the storage fee payment document (who paid the storage fee and when);
- the document on the price of the goods (the invoice or the customs document), the document on the amount of the costs associated with the repair of the damaged consignment (provided the amount of these costs is known at the time of the claim), the document on the value of the damaged or missing goods (for example, an expert appraisal of the degree of damage or the essential reduction of the price).
- The storage provider will inform the consigner of its decision in writing at the latest within three months of the day of the submission of the request or within three months of the day when the lodged claim was supplemented with the required documents (after notification from the storage provider).
The right of lien
- The storage provider has a right of lien to the stored goods in order to secure all of its entitlements arising from the storage contract and this will remain the case for as long as the storage provider is entitled to handle the goods. The storage provider and the consigner have agreed that this right of lien will also apply to any of the debtor’s (consigner’s) due obligations from any other (earlier concluded) storage contracts.
- In accordance with the provisions of the Commercial Code, as amended, the storage provider and the consigner have agreed that, if any of the consigner’s obligations from the storage contract are not paid correctly and on time, the storage provider will be entitled to satisfy it entitlements by selling the stored goods (hereafter simply referred to as the security) itself or via a third party for a price which is at least at the amount of the market price set by a valuer authorised to carry out this activity. The storage provider is obliged to inform the consigner of the intended sale in writing at least 10 days prior to the commencement of the sale. If the security is not able to be sold within 15 days of the commencement of the sale, the storage provider will be authorised to sell the security for the price designated according to this paragraph reduced by 30%.
- When selling the security, the storage provider will be authorised to conclude a contract of purchase representing the consigner in such a way so that the purchase price for the sale of the security is paid to the storage provider’s account. The storage provider will use the paid purchase price to satisfy its due secured receivables or part thereof and the costs associated with the sale of the security. The storage provider will issue the earnings from the sale of the security which exceed the secured receivable, including the accessories and the expediently outlaid costs for the sale of the security, to the consigner within 15 days of securing the satisfaction of the secured receivable.
- The consigner authorises the storage provider to carry out the acts set out in article VIII, paragraphs 1 to 3 and the storage provider accepts this authorisation. This power of attorney will be effective from the moment that the consigner is notified of the application of the right of lien by the storage provider up until the satisfaction of the secured receivable and it will be irrevocable throughout this period.
The protocol of non-conformity
- In the case of the discovery of any deviations from these storage conditions, the storage provider’s appropriate responsible employee will be obliged to fill in a protocol of non-conformity and to secure the further procedures in accordance with guideline SK no. 8 – Non-Conformity Management