Demirler Global Logistics
The TIR Carnet is issued separately for each TIR. Transporting the goods to be transported under the auspices of the TIR Carnet from the customs exit at the departure point to the customs bonded area at the destination in accordance with the legislation and documenting these procedures with a TIR contract is called “Truck Transport”. The TIR Carnet is a customs transit document that facilitates international trade. Each truck carnet is given a different reference number. The TIR Carnet is issued according to the number of countries or customs offices to which it will pass from the departure point to the destination.
CMR (Convention Marchandise Routier) is a contract that determines the responsibilities of the carrier by standardizing the conditions in international road transport. This convention was written in Geneva in 1978 and sent to the world states for signature by the United Nations in 1979. By signing this contract in 1995, our country started to carry out international road transport under the obligations of this contract.
Articles of the Contract
- This agreement is not applicable in:
a. International postal agreements
b. Household goods transfers
c. Funeral transfers.
- This agreement is valid when one of the sea, rail, river, canal or airway is used in the transportation of the goods. However, if it is proven that the loss, damage or delays in transportation with other vehicles are not caused by the possibility of the road transporter, the responsibility of the land transporter is resolved not according to this agreement, but between the sender and the operator of the vehicle, taking into account the legal transportation conditions of the other vehicle type.
- The carrier is responsible for the acts and omissions of the persons he employs and other persons whose services he uses to carry out the transport, as if they were his own.
- The contract of carriage is confirmed by the issuance of a consignment letter in 3 copies. The 1st copy is given to the sender. The 2nd copy goes with the goods, the 3rd copy is kept by the carrier.
- The consignment letter should contain the following information.;
a. Date and place of issue of the referral letter,
b. Shipper’s name and address
c. Carrier’s name and address
d. Place and date of delivery of the goods
e. Name and address of the person to receive the goods
f. Description of the nature of the goods, the form of packaging and an understandable description in the case of dangerous goods.
g. How many parts it consists of.
h. Gross weight of goods or quantity expressed in another unit
ı. Transport charges (shipping cost, additional costs, customs duties and other costs incurred from the conclusion of the contract until its delivery)
j. Necessary instruction for customs and other formality,
k. Attached note that the carriage is subject to the terms of this agreement. Apart from the above issues, the parties can also write down the issues they deem useful in the consignment letter.
- The sender is responsible for any damage and loss and expenses incurred as a result of failing to notify or under-reporting any of the above.
- When receiving the goods, the carrier will check the following. a. Number of parts and compliance with the consignment letter b. If the apparent condition of the packaging of the goods is deprived of the Carrier without making the above-mentioned measurements, he shall write the objection records in the consignment letter and indicate the reasons. Likewise, he will also indicate if there is a deficiency in the appearance of the goods in the package. However, if the sender does not expressly accept in the consignment letter that he will abide by these objection records, this said objection will not be binding.
- The sender has the right to require the carrier to check the gross weight of the goods or their otherwise expressed quantity. He may also request that the contents of the parts be checked. The carrier is entitled to claim control costs. The results of the checks are written in the consignment letter.
- In order to fulfill the customs and other formalities that must be completed before the delivery of the goods, the sender shall attach the necessary documents to the consignment letter or provide the carrier with the requested information by giving it to the carrier. The carrier is not obliged to examine the accuracy and adequacy of the information given with these documents. The sender is liable to the carrier for this deficiency or inadequacy.
- The sender may request the carrier to stop the transport, change the place of delivery or deliver it to someone other than the recipient specified in the consignment letter. However, if the recipient copy of the consignment letter has been delivered to the recipient, this right of disposal of the sender ceases.
- If the recipient does not fulfill the conditions specified in the consignment letter before the delivery of the goods, the carrier will request instructions from the sender.
- After the arrival of goods at the place of delivery, in cases where circumstances prevent delivery, the carrier must request instructions from the sender.
a. If the recipient does not accept the goods, the sender has the right to dispose of these goods without presenting the first copy of the consignment letter.
b. Even if the recipient does not accept the goods, he can demand the delivery of them unless otherwise instructed by the carrier from the sender.
c. The carrier has the right to recover the costs incurred due to the request for the instruction and the costs required to fulfill this instruction. However, the expenses must not have been incurred due to their own fault and possibility.
d. If the goods are perishable or if the warehouse costs exceed the value of the goods, the carrier may sell these goods without waiting for instructions from the person entitled to dispose of them. However, if the goods have been sold pursuant to this article, the money obtained from the sale shall be placed at the disposal of the person who has the right to dispose of them after the expenses of the goods are deducted. If the expenses are more than the money obtained from the sale, the carrier has the right to collect the difference. The realization of the sale is carried out according to the laws of the place where the goods are located.
- The carrier is liable for the complete or partial loss of the goods and any damage that may occur, from the moment they receive them until they are delivered. However, the carrier cannot be held responsible in the following cases.
a. If the loss, damage or delay is due not to the fault of the carrier but to the instructions of the claimant, the nature of the goods or circumstances which the carrier cannot prevent,
b. If open vehicles are used as clearly stated in the consignment letter,
c. Receiving, transporting, loading, stowing or unloading of goods by the sender, recipient or persons acting on their behalf,
d. The goods are susceptible to breakage, rusting, decay, drying, flowing, moth and pest damage,
e. Insufficient or incorrect branding or numbers on boxes or packages.
f. Live animal transport
- It is the carrier’s responsibility to prove that the loss, damage and delay occurred due to the above reasons. But the presence of the above reasons does not always justify the carrier. For example, if it is stated in the contract of carriage that the transportation will be made with vehicles that prevent moisture and the transported material has suffered any damage due to this, the carrier is held responsible.
- If the goods are not delivered within the agreed time period, or if there is no agreed time period, 30 days following the agreed time period, or if there is no agreed time, 60 days after the carrier’s receipt of the goods, the goods will be considered lost if the delivery is not made. Since the carrier is obliged to pay compensation for the partial or total loss of the goods, this compensation is calculated according to the value of the goods when and where they are accepted for carriage. The value of the goods is determined according to the price of the commodity exchange. If there is no such determination, the determination is made according to the current market prices. However, the compensation to be paid shall not exceed 8.33 S.D.R. (Special Drowing Right) unit per kilogram of gross weight.
- If the goods are delivered to the recipient without the payment required under the contract of carriage, the carrier is obliged to pay compensation to the sender.
- When the sender consigns goods that are classified as dangerous to the carrier, he is obliged to notify the carrier of the content of the dangerous substance and, if necessary, the measures to be taken. If the carrier has not been notified those dangerous goods are consigned to him, these goods can be unloaded by the carrier at any time or place. In addition, the sender is responsible for all costs, losses and damages incurred during the transportation of such goods.
- In case of loss, damage or exceeding the agreed time period, the sender shall determine the amount of special interest payable for the days exceeding the delivery time and write it in the consignment letter. If it has been declared that a special interest will be paid for the delivery period, apart from the compensation, compensation can be claimed for the excess damage and loss proved up to the declared amount.
- 19. If the recipient receives the goods without checking their condition with the carrier, or at the time of delivery in cases where damage, loss and depredation is clearly visible, or for 7 days from delivery in cases where it is not clearly visible (excluding Sundays and public holidays), without notifying the carrier of the situation, this will constitute evidence that the goods have been received in accordance with the consignment letter. Notification will be made in writing. a. After the goods are checked by the recipient and the carrier, evidences contradicting the result of this control can only be accepted for damage, loss and damage that are not clearly visible. However, for this, the buyer must notify the carrier in writing within 7 days (except Sunday and Public holidays) after the inspection. b. No compensation will be paid for delays in delivery unless a written notice is given to the carrier within 21 days of the goods being at the disposal of the recipient.
- Where carriage regulated by a single contract is made by different road carriers, each is responsible for carrying out the entire carriage.
- The lawsuits arising from the transportations must be filed within one year. However, in order to open cases;
a. If there is partial loss, damage or delay in delivery, from the date of delivery,
b. In the case of complete losses, 30 days after the end of the agreed time period, if there is no agreed time period, 60 days after the delivery of the goods by the carrier,
c. In all other cases, three months after the contract of carriage was concluded, a lawsuit may be filed.