Foodfreighters

Transport Requirements Manual Foodfreighters 

Content

1. INTRO

2. TECHNICAL REQUIREMENTS 

3. TRUCK REQUIREMENTS 

4. RESPONSIBILITIES AND PROCEDURES 

5. PPE

6. CLIENT DISCRETION

7. PRICE OFFERS

8. PAYMENT TERMS

9. OTHER AGREEMENTS

10. CANCELLATIONS

11. WAITING TIMES

12. INSURANCE

Version: 1.2

This Agreement covers the bulk transport of all foodstuff products carried on behalf of FOODFREIGHTERS 

1. Introduction

1.1 Subcontractors of liquid food transport must agree to the conditions stated in this document. 

1.2 Foodfreighters consistently applies high standards of food safety, sustainability, safety and environmental care. 

1.3 Execution of transport for foodstuffs requires compliance with HACCP directives.

1.4 FOODFREIGHTERS has the right to reject the tankers in case of violation of one or more of the articles in this document. All costs involved will be passed to the forwarder.

1.5 The orders of the client are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. Counterclaims of the contractor with reference to its terms and conditions are hereby contradicted.

1.6 Deviations from these terms and conditions are only effective if the client confirms them in writing.

1.7 These terms and conditions remain binding even if individual parts should not be effective for any reason.

1.8 Subsidiary to the following provisions shall be the provisions of the Convention on the Contract of International Carriage of Goods (CMR) and the ADSp. It is increased interest in accordance with CMR Art. 26 Sec. 1. 

2. Technical requirements 

The tanks should meet the following technical requirements:

2.1 The tanker needs to be ‘For Foodstuff only’, and must be labelled FOODSTUFFS ONLY or NUR FUR LEBENSMITTEL. 

This text must be fixed to the sides and back of the tank alternatively in a form of a sticker but only with separate letters. Single easily removable stickers are strictly forbidden. 

The tanker should only carry foodstuffs and no other products 

2.2 Tankers, pipes, pumps, etc. must be made of stainless steel. Gaskets, O-rings, hoses and sealing rings of manhole covers must be made of food grade materials. 

2.3 Hoses and fittings may only be used for foodstuff purposes. When not in use hoses and fittings must be carried cleaned in sealed compartments (hose tubes) fitted to the tanker. 

2.4 Tankers must be equipped with heating systems in order to maintain the temperature during transit, must be insulated to guarantee quality and quantity of carried products and full discharge. 

2.5 Tankers Manhole covers, bottom valves and unloading pipes must be closed at all times in order to avoid any contamination of the carried product.

2.6 Tankers must have sealing rings fitted on loading pipes, compartments, top covers, hose tubes, compressor, back boxes etc. in order to seal the tank prior loading (at cleaning station) and after loading.

2.7 Tanks equipped with compressor must be fitted with sterile air filter enabling discharge free from moisture and any other forms, particulars harmful to discharged goods.

2.8 The carrier is required to check all equipment: pipes (pressure testing), fittings, gaskets, pumps electric or hydraulic, and compressors, test and replace if required. The above mentioned items must be free from corrosion, mechanical damages. Records should be kept and presented if required by FOODFREIGHTERS. 

2.9 Only single trailer tank units are acceptable, Tractor units with fixed tanks on chassis with additional trailers are not acceptable at any loading places!

3. Truck requirements

3.1 Before loading the carrier is required to inform FOODFREIGHTERS about last transported product. Allowed previous products vary from place of loading. It is carrier’s responsibility to make sure last product or last 3 products are correct for certain loading place. The approved products lists are available prior loading and will be advised to the carrier. 

3.2 The carrier is required to clean only at approved cleaning station. Cleaning stations list is available by request and will be included with transport order if required prior to loading.

 3.3 Upon arrival to any loading place operated by FOODFREIGHTERS the tankers cleanliness will be tested, as well as overall condition and operation, driver will have to present valid cleaning certificate, tanks should be completely sealed and seals numbers marked on the cleaning certificate.  Loading master will inspect the tank to make sure it is clean, dry and odourless via the manholes. Furthermore any additional conditions/requirements stated on our transport order will be checked. The truck driver should hand over the documents, (CMR and cleaning certificate) which state the previous loads carried. The exact type of the previous cargoes must be clear, if otherwise and previous carried good cannot be proved the tanks might be rejected and any cost as a result of the rejection passed onto the carrier. If needed additional checks will be carried by the loading operator. 

3.4 Cleaning certificates are valid for period of max 24h prior to the loading of Dairy products, Juices or 72h prior to the loading for edible oils. However we strongly advise to clean as close to the loading date as possible to improve cleanliness of the tank. We cannot hold responsibility in case tank is rejected for any reason, it is driver’s responsibility to satisfy loading operator and make sure the tanks are dry and odourless. 

3.5 Only food grade odourless and taste neutral disinfectants and detergents must be used for cleaning 

 3.6 Tanks must be clean also on the outside to guarantee perfect presentation to the customers and avoid any contamination. 

4. Responsibilities and procedures 

4.1 Trucks should report min. 1 hour prior to agreed loading slot, in case of late arrival any demurrage claims will be rejected.  Should any delay occur leading to late delivery FOODFREIGHTERS should be informed accordingly.  All costs related to delay in arrival at the agreed loading place or place of delivery will be passed onto the carrier.   

4.2 The carrier is required to supply suitable to ordered goods and volume tanks. For Cream loads compartments must be always loaded fully. It is advisable to load at least 2/3 of the compartments for other food products to avoid quality issues.

4.3 Drivers are responsible for the weight of the goods in case of overloading FOODFREIGHTERS must be informed immediately without leaving the loading place. 

4.4 Drivers are responsible for checking the temperature of the product, temperature must be checked in the tanker after loading, for dairy products temperature should not exceed 4c after loading in the tanker. Edible oils temperature vary from 40c to 60c (correct temp. will be advised on the transport order). It is carrier’s responsibility to keep right temperature of the transported goods to avoid damaging or product to become solid and unable to discharge.

4.5 After the loading drivers must make sure all covers/valves are closed properly /tighten, also seals must be applied drivers cannot leave the loading place without seals applied.

4.6 Any issues, spillages, missing connection pieces, wrong equipment as well as any issues preventing smooth loading or delivery of goods at loading or delivery sites or during transit must be reported to FOODFREIGHETERS immediately ! 

4.7 Each and every driver should obey the rules of all loading/unloading sites and not move freely or enter forbidden areas.  Only designated waiting areas can be used. 

4.8 Drivers are not allowed to enter the tanker/ move over the tanker (unnecessarily) especially while manhole covers are open.

4.9 Drivers are not allowed to smoke (including e-cigarettes), 

4.10 Drivers are not allowed to eat or drink (except designated areas) at loading sites at any times.

5. Personal protection equipment 

5.1 PPE must be worn by the drivers at all times during loading or discharge.

5.2 Drivers must wear hair nets, gloves, safety shoes, hard hats, harnesses (during operating at heights), safety goggles and overalls. Any additional rules required by the loading site must be obeyed by the drivers.

5.3 Watches or jewellery are not permitted.

6. Client discretion  

6.1 Without consent of FOODFREIGHTERS carriers are not allowed to contact the customers directly.

6.2 Carriers are strictly not allowed to subcontract orders of FOODFREIGHTERS to 3rd parties. 

6.3 Stricter customer protection in favour of the client and neutrality are agreed. For violations of customer protection by the contractor, a damage-independent contractual penalty in the amount of EUR 10,000.00 shall be agreed per injury, which may be deducted from open freight invoices. The assertion of any further damage is reserved to the client.

7. Price offers

7.1 The prices quoted in the offer of the client are considered fixed prices, with the proviso that the tender underlying order data remain essentially unchanged. Supplements will not be accepted. 

7.2 Should the place of loading and / or unloading change, the contractor is obliged to carry out the changed transport order, the freight price will be adjusted accordingly in the amount accordingly.

8. Payment terms 

8.1 The payment (net price plus value added tax) after receiving all correctly completed documents (CMR’S must show both stamps of loading and unloading place) must be made within 45 calendar days of receipt of the invoice without deductions. Agreed freight rates are all inclusive.  No other charges/fees ie: road tolls, weekend loadings fuel surcharge apply.

9. Other Agreements

9.1 The goods may only be unloaded at the consignee address or delivery address specified in the consignment note. Changes may only be made with the explicit approval of the client. If the details in the bill of lading deviate from our order, this must be agreed with the client before execution. 

9.2Quantity or quantity acceptance is agreed. There is no loading and unloading. The contractor is liable for overloads of any kind. 

9.3 The contract may not be passed on to third parties without the knowledge and consent of the client.

9.4 It is agreed as fixed that the employees, in particular the driver of the vehicle, the contractor or his representative, comply with all relevant authorizations, eg according to the Aliens Employment Act or the Aliens Act and otherwise also all relevant legal provisions and regulations and also against third parties give appropriate information where necessary. If this is not the case, the client must be informed immediately and the order is deemed not granted. For damages resulting from the violation of this clause, in particular also against third parties, the contractor is liable directly or indemnifies the client.

9.5 The carrier is responsible for the fact that his personnel is trained accordingly and the vehicles are in the proper state, which corresponds to the legal regulations. 

9.6 Stricter customer protection in favour of the client and neutrality are agreed. For violations of customer protection by the contractor, a damage-independent contractual penalty in the amount of EUR 10,000.00 shall be agreed per injury, which may be deducted from open freight invoices. The assertion of any further damage is reserved to the client.

9.7 If no separate agreement is made regarding the type of truck underlying the order, orders are based on execution with so-called food tank train with at least 25,000 KG payload capacity, pump and MK-80 connections are considered as standard and must be carried .Additionally, if not otherwise required 6 meter hose (suitable for food, pressure stable to 5 bar) to carry. 

9.8 For the execution of the transports, only drivers who are entitled to carry out the transports according to the legal provisions of the countries touched, in particular the regulations on the employment of foreigners, may be employed. 

For transports from, to, through and within Germany:

If the driver is not a member of an EU / EEA country, he must, in accordance with the German law to combat illegal employment in commercial road haulage in Germany, a work permit in the original together with a certified translation into German or an official certificate with an accredited translation that does not require a permit for the driver. 

9.9 It is expressly agreed that the client can set off all claims of the contractor. 

IX. APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION 

(1) Hungarian substantive law shall apply. The contract language is German. Place of fulfilment is the domicile of the client.

(2) Place of jurisdiction for legal disputes concerning the existence or non-existence of a contractual relationship, which is subject to these terms of delivery or for legal disputes arising from such contractual relations is the place of jurisdiction of the contractor, the general place of jurisdiction of the contracting authority or Ashford (UK), for complaints against the client exclusively the general jurisdiction of the client. As such, Ashford (UK) is agreed regardless of the amount of the claim.

Company Headquarters: Foodfreighters UK Ltd 

19 North Street 

Ashford Kent 

TN24 8LF 

ENGLAND 

International Tax Number: GB931729417

10. Cancellations

10.01 If the carrier refuses an order FOODFREIGHTERS will have the right to charge penalty to the carrier (difference between the freight rate of the carrier and the extra costs to organize the substituted truck). 

10.02 Transport orders issued by FOODFREIGHTERS sent the carriers are automatically agreed for execution by the carrier, in case of refusal carrier must decline the order within maximum of 1h prior to receipt. 

11. Waiting time

11.01 FOODFREIGHTERS reserves first 24 hours of loading or discharge free of charge. In case of any additional waiting times after first 24h all carrier claims will be considered individually. 

12. Insurance

12.1 It is assumed that CMR insurance with a maximum liability limit of at least € 300,000, incl. Art. 29, is covered by the contractor at its expense. For damages due to lack of insurance coverage, the contractor is liable. The client must be informed immediately of any changes.

12.2 At the request of the client, the contractor must prove the insurance portfolio without delay, at the latest within three days, otherwise the customer is entitled to deduct 4% from the invoice, irrespective of the occurrence of the damage. The assertion of any further damage remains at liberty.