PART 1 – ASSIGNMENT AND SERVICES

By this agreement and against agreed compensation, the Customer engages Creative Freight Europe AB (“Creative Freight”) as agent to arrange transport and logistics services. These services may include, but are not limited to:

• preparation and/or handling of export declarations, ATA carnets or other customs documentation,
• customs brokerage services,
• booking and confirmation of freight capacity,
• issuance and handling of transport documents such as waybills, bills of lading and delivery orders,
• packing, storage and transshipment,
• arranging transport insurance upon separate agreement,
• handling of freight charges or other funds received or disbursed in connection with transportation,
• assistance with licenses, permits, letters of credit and inspections.

The Customer certifies that it is the owner of the goods or is duly authorized to represent the owner and enter into this agreement.

The Customer acknowledges that Creative Freight is not always the sole carrier, but engages responsible carriers, warehousemen and other forwarding agents on the Customer’s behalf. The Customer’s rights and obligations are therefore also governed by the contractual terms of such carriers and warehousemen (e.g. the CMR Convention, the Montreal Convention, the Hague-Visby Rules, and NSAB 2015).

The Customer is responsible for compliance with all applicable laws and regulations, including those relating to labelling, packing, dangerous goods, export controls, and environmental and safety requirements.

Creative Freight reserves the right to inspect goods and to reject consignments that do not comply with applicable law or contractual terms.

PART 1A – LIMITATION OF LIABILITY FOR LOSS, DAMAGE OR DELAY

Creative Freight’s liability is governed by NSAB 2015 and applicable international conventions:

• Road transport: CMR Convention (liability limited to approx. 8.33 SDR/kg),
• Air transport: Montreal Convention (22 SDR/kg),
• Sea transport: Hague-Visby Rules (666.67 SDR per package or 2 SDR/kg, whichever is higher),
• Storage: NSAB 2015 (8.33 SDR/kg, maximum 500,000 SDR per incident).

Creative Freight is not liable for indirect or consequential damages, loss of profit or loss of market.

The Customer is strongly advised to obtain transport insurance, either independently or through Creative Freight at an additional cost.

PART 1B – INSURANCE

If specifically requested and confirmed in writing, Creative Freight may procure transport insurance on behalf of the Customer. Any deductibles, premiums and exclusions will be stated in the insurance policy. No insurance shall apply without explicit order and payment.

PART 1C – CUSTOMER WARRANTIES

The Customer warrants that no prohibited or dangerous goods will be tendered without proper declaration. The Customer is responsible for accurate and complete information regarding content, weight, value and handling requirements.

PART 1D – CLAIMS

The Customer shall give notice of visible damage or deficiencies upon receipt of the goods. For concealed damage, claims must be made within the time limits set out in the relevant convention (e.g. 7 days under CMR and the Montreal Convention). Any claim against Creative Freight is time-barred after one year, unless a shorter period is prescribed by applicable law or convention.

PART 2 – PAYMENT TERMS

Invoices issued by Creative Freight shall be paid within 15 days net, unless otherwise agreed in writing.

In case of late payment, interest will be charged in accordance with the Swedish Interest Act (1975:635).

Creative Freight has a lien (right of retention) over the Customer’s goods under NSAB 2015 for all outstanding claims.

The Customer is responsible for all customs duties, taxes, charges and other governmental fees related to the shipment.

PART 3 – AUTHORITY AND POWER OF DISPOSAL

The Customer authorises Creative Freight to prepare and sign customs documents, transit documents, ATA carnets, export declarations and any other documents necessary for the execution of the transport on behalf of the Customer.

PART 4 – TERM, GOVERNING LAW AND DISPUTES

• This agreement is valid until further notice and may be terminated by either party with 30 days’ written notice.
• Swedish law shall apply.
• Any dispute shall be settled by the Swedish courts with Stockholm District Court as the court of first instance, unless the parties agree to arbitration under the Arbitration Institute of the Stockholm Chamber of Commerce.

PART 5 – FINAL PROVISIONS

• These terms take precedence over any purchasing terms of the Customer.
• Creative Freight applies NSAB 2015 as standard terms. In case of conflict between this agreement and NSAB 2015, this agreement shall prevail.
• This agreement constitutes the entire understanding between the parties.