GENERAL CONDITIONS OF CONTRACT APPLICABLE TO ORGANISING THE TRANSPORT OF GOODS WITH ATLANTIC FORWARDING SPAIN, S.L.
Important note: These conditions set out important terms and conditions of contract applicable to all relationships with ATLANTIC FORWARDING SPAIN, S.L., with address at Calle Garrotxa, 6-8, Ed. B, 1ºD, Parque Empresarial Mas Blau I, 08820 El Prat de Llobregat, Barcelona (‘ATLANTIC’), some of which concern the liability of the contracting parties and the limited liability of ATLANTIC. It is important to read them carefully and to have any relevant questions answered before contracting with ATLANTIC. If you have any difficulty reading or understanding these General Conditions of Contract, you may ask for them to be sent to you in a larger font format or ask us any questions you may have before contracting with ATLANTIC.
Freight Forwarder or Transport Operator shall mean ATLANTIC. In general, it acts as Freight Forwarder, Transport Operator, Customs Representative or Logistics Operator and organises the transport. To carry out the transport, it uses all kinds of means of transport and sub-agents, which may be used in the name and on behalf of the Client.
CLIENT shall mean any party that has contracted ATLANTIC’s services, as well as the recipient of the budget, quote, booking, correspondence, e-mails, the shipper, consignor, sender, receiver, consignee or any of their intermediaries, agents or persons reporting to them. The Client is responsible for the full payment of the services provided by ATLANTIC.
Clause 1. TERMS OF THE CONTRACT
All services provided by ATLANTIC will be regulated by these General Conditions of Contract (and, where applicable, by the clauses in ATLANTIC’s bill of lading or any other transport document used in these services), which are fully accepted at the time when the shipper orders the service. In contracting with ATLANTIC, the Client accepts that these General Conditions of Contract apply to any request for service provision, and to the service provided itself, conveyed either verbally, by telex/fax, e-mail, WhatsApp or other means, even where no specific reference is made to these General Conditions of Contract. The limitations on legal liability defined in the stipulations of these General Conditions of Contract will moreover apply to any claim, regardless of whether it is civil, commercial, criminal, judicial, extra-judicial, contractual, extra-contractual or of any other nature. The Client also undertakes to notify any third parties that may have contracted with them of the existence, validity period, validity and acceptance of these conditions.
If the Client does not accept these conditions, this must be stated expressly, in writing and clearly, to ATLANTIC immediately after the first receipt or notice of incorporation of the conditions. The conditions will be considered to have been validly incorporated once seven days have elapsed from their receipt or announcement of incorporation or following the request for service from ATLANTIC by the Client.
Clause 2. TRANSPORT DOCUMENTATION
The contracted transport will be covered by a consignment note, bill of lading, delivery slip, etc. issued by ATLANTIC or its agents, which will comply and be in line with the applicable national rules and international conventions, the clauses of which will apply between ATLANTIC and the Client. If there is any discrepancy between these documents and these General Conditions of Contract, or if there is any gap, the following will take priority, in this order: firstly, ATLANTIC’s bill of lading; secondly, these General Conditions of Contract; and thirdly, any other transport document used as the case may be.
Clause 3. DESCRIPTION OF THE GOODS AND PACKAGING
The Client guarantees to ATLANTIC the accuracy of the goods declaration as regards the characteristics, description, brands, numbers, quantity, weight and volume of the goods. The Client is liable for any losses, damage, faults and/or penalties caused to third parties due to the inaccuracy of the information mentioned, as well as those arising from inadequate, defective or misused packaging that causes damage or harm to the goods or the handling equipment or means of transport, even where these inaccuracies or deficiencies appear in operations not carried out directly by ATLANTIC, whom the Client will compensate in addition to the additional expenses incurred for such reasons. The Client expressly states that the packaging provided is adequate to support the contracted service. Unless the Client provides express instructions to ATLANTIC, no special action will be taken with regard to the packaging, the liability for which lies solely with the Client.
ATLANTIC does not accept dangerous goods. In order for ATLANTIC to be able to accept such goods, the Client must inform ATLANTIC prior to the contracting with regard to the dangerous nature of the goods handed over to it to be transported, stored or handled, as well as with regard to any exceptional precautions that must be taken, where applicable. The Client must in all cases provide the safety data sheet for the goods and the declaration of dangerous goods to ATLANTIC in advance.
The following goods are excluded from our transport and liability in all cases: live animals, fine glassware, precious metals, coins or bank notes, lotteries, pools coupons, jewellery, precious stones, real pearls, assets and documents, objects of art or of artistic value, collections, explosives, radioactive products, drugs (except manufactured drugs defined as such in pharmacy vade mecums), powdered or bulk building materials, excluding any liability of Atlantic Forwarding Spain, S.L. in this regard.
The Client understands and accepts that neither ATLANTIC nor its agents or representatives have the ability to check the truthfulness of the information referred to in this clause, especially the condition of the goods.
In the event of omission or insufficient or erroneous information, the Client will be liable for the damage caused. ATLANTIC will have the right to be reimbursed for the expenses it incurs for this reason and is exempt from any liability if the goods had to be unloaded, destroyed or neutralised, according to the circumstances and without any compensation to the Client.
Clause 4. LEGAL LIABILITY
The Client accepts that ATLANTIC executes the contract and other instructions and that it organises the transport, handling, carriage and storage of the load consigned, at its discretion, unless the Client issues specific instructions well in advance, and does so expressly, by any of the means mentioned above.
As Freight Forwarder, Agent and/or Transport Operator or Logistics Operator, ATLANTIC will be liable for organising the transport and liable for breach of its contractual obligations, in the cases and circumstances and only during the liability period provided for under national legislation and under the applicable international conventions, and always under the same circumstances and occupying the same position as if it were the actual carrier.
As storer and warehouse keeper, ATLANTIC will only be liable for damage to the goods that occurs as a result of a breach of its contractual obligations in the cases and circumstances provided for under the applicable rules. Its liability will begin at the time when the goods are handed over to ATLANTIC’s employees, and it will end at the time when the goods leave its warehouses to be transported.
As customs broker/customs representative, ATLANTIC will only be liable for damage caused due to its own fault or negligence, but it will in no way be liable in cases where it has followed the Client’s instructions. Likewise, the Client accepts that they are the taxpayer and that ATLANTIC only acts following their instructions.
ATLANTIC’s legal liability is defined as follows:
4.1. ATLANTIC will only be liable for material damages caused to the goods. This liability in no case extends to consequential damages, pecuniary damages or loss of profit.
4.2. Any legal action directed against employees of and/or persons reporting to ATLANTIC, whether permanent or temporary, will only be possible within the limits and under the circumstances set out in clauses 5 and 6.
4.3. These limits may not be exceeded, not even in the event that legal actions are brought against ATLANTIC and its employees and/or persons reporting to it, whether they are permanent or temporary, and whether these actions are brought jointly or separately; this limit is defined as a joint maximum for all those involved.
4.4. ATLANTIC will be liable for the choice of and instructions to the agents subcontracted as carriers, freight forwarders, warehouse operators, etc., but it will be released from any liability if the choice of agent has been made following instructions from the Client, shipper or any parties interested in the goods, as well as where the instructions have been conveyed to the subcontracted agents in accordance with the orders received from the Client or shipper. In this case, ATLANTIC may waive its rights against the subcontracted agents, assigning them to the Client/shipper.
4.5. In any event, ATLANTIC’s liability may not be greater than the liability of those whom it makes us of to execute the services.
Clause 5. LIMITATION OF LIABILITY
5.1. Always with the maximum limit of the value of the goods, ATLANTIC will only be liable in the cases and according to the economic limits outlined below:
– The national overland transport of goods and any other activity not mentioned in the following paragraphs (such as e.g. warehouse keeper or logistics activity) will be subject to the provisions of the Spanish Law Governing Overland Transport (LOTT) and the regulations that implement or replace it, and ATLANTIC’s liability will amount, as the case may be and at most, to 4.50 euros per kilogram of gross weight of the goods lost or damaged.
– The international overland transport of goods will be subject to the Convention on the Contract for the International Carriage of Goods by Road (CMR), and ATLANTIC’s liability will amount, as the case may be and at most, to 8.33 SDR per kilogram of gross weight of the goods lost or damaged.
– The international transport of goods by sea will be subject to the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading – Hague-Visby Rules, and ATLANTIC’s liability will amount, as the case may be and at most, to 666.67 SDR per package or to 2 SDR per kilogram of gross weight of the goods lost or damaged.
– The national transport of goods by sea will be subject to Law 14/2014 of 24 July on Maritime Shipping, and ATLANTIC’s liability will amount, as the case may be and at most, to 666.67 units of account per package or unit, or two units of account per kilogram of gross weight of the goods lost or damaged, with the highest of both limits being applied.
– The international transport of goods by air will be subject to the Montreal Convention and its successive amendments (according to the protocols in force in Spain), and ATLANTIC’s liability will amount, as the case may be and at most, to 19 SDR per kilogram of gross weight of the goods lost or damaged.
– The national transport of goods by air will be subject to Spanish law, and ATLANTIC’s liability will amount at most to 19 SDR per kilogram of gross weight of the goods lost or damaged.
In no case will the declaration of the value of the goods on a bill of lading, consignment note, navigation chart or any other document issued by ATLANTIC or its agents be considered a declaration of actual value that prevents ATLANTIC from limiting its liability. These declarations of value are mere representations without any content, relevance or value, since ATLANTIC cannot check the truthfulness or genuineness of the value declared by the Client.
5.2. ATLANTIC will only be liable for delay in delivery in cases where this is expressly established in the applicable legal regulations, in which case it will be liable in the terms determined by these rules; under no circumstances will it be possible to exceed the equivalent compensation that should be paid by virtue of the contract concluded with ATLANTIC. In any event, the delivery deadlines indicated to the Client are always understood to be approximate, and they will be subject to the changes in circumstances of the means of transport used. Should the Client wish to have the delivery of an item guaranteed by a specific deadline, this must be expressly indicated by the Client when contracting the transport service; for it to be binding it must be expressly accepted in writing by ATLANTIC. The Client understands and accepts that as the Hague Rules and/or the Hague-Visby Rules apply, ATLANTIC is not permitted to be liable for delay, and therefore ATLANTIC will not be liable in any case for delay. In any event, ATLANTIC will not be liable for more than 2.5 times the freight proportional to the delayed goods and proportional to the leg of transport affected by the delay.
5.3. Where the liability arises from events or acts that have occurred while the transport was being carried out, if the freight forwarder were to be subrogated, in no case may this liability exceed the liability assumed in respect of the forwarder by the railway companies, shipping companies, air companies, road transport companies, warehouse companies or companies of any intermediary involved in the course of the transport, pursuant to the applicable national rules and international conventions.
5.4. These limitations will apply to all claims directed against ATLANTIC, regardless of whether the claim is based on contractual liability or extra-contractual liability, and whether it is in the form of a complaint, counterclaim, arbitration, amicable claim or any other form.
5.6. Special Drawing Rights (SDR) means the unit of account as defined by the International Monetary Fund.
Clause 6. EXEMPTION FROM LIABILITY IN THE ORGANISATION OF GOODS TRANSPORT BY THIRD PARTIES
ATLANTIC will not be liable with regard to any loss, damage or expense, such as loss of profit, loss of customers, fines, penalties, claims for losses due to depreciation or penalty clauses, fluctuations in exchange rates or the value of the goods, taxes or fees increased by the authorities, regardless of the cause. The various exemption clauses described below apply:
6.1. ATLANTIC will not be liable if any of the following circumstances occur:
– Fault or negligence of the Client or their authorised representative.
– Defective or missing packaging, labelling or stowing, provided that ATLANTIC was not responsible for carrying out the packaging, marking or stowing of the goods. Moreover, ATLANTIC will not be liable for the packaging of goods for which it cannot verify the content.
– War, rebellion, revolution, insurrection, usurpation of power or confiscation, nationalisation or requisition by or under the orders of a government or public or local authority.
– Strike, lock-outs or other labour conflicts that affect the work.
– Damage caused by nuclear energy.
– Natural disasters.
– Force majeure.
– Circumstances that ATLANTIC could not have prevented and the consequences of which could not have been foreseen.
– Hidden and/or specific defects as well as defects due to the special nature inherent to/of the goods.
– Incorrect labelling or mark.
– The other reasons for exemption established in the conventions or legal provisions currently in force.
6.2. ATLANTIC will not be liable for loss of or damage to the goods, unless this loss or damage occurs while the goods are under the custody and control of ATLANTIC before having been made available to the client, from which time ATLANTIC will not be liable in any way.
6.3. ATLANTIC will not be liable if the goods have been transported by the Client or its representative.
6.4. ATLANTIC will not be liable for the consequences resulting from loading or unloading operations that it has not carried out itself.
6.5. ATLANTIC will not be liable for loss, damage or expenses arising from insufficiency or imperfection in connection with the number, content, weight, brands or description of the goods.
6.6. ATLANTIC will not be liable with regard to any consequential loss or damage, such as loss of profits, loss of customers, lost income, depreciation or penalty clauses.
Clause 7. INSURANCE OF THE GOODS
7.1. ATLANTIC does not insure against loss or damage during the carriage, storage or transport of the goods, unless the Client specifically instructs it to do so, in writing, in which case the Client must have paid the corresponding amount.
7.2. Where ATLANTIC is expressly instructed by the Client to arrange to insure goods, this insurance will always be taken out in the Client’s name, acting as agent.
7.3. The terms and conditions of the insurance will be those established in the insurance policy taken out, which will be available to the Client upon their express request.
7.4. ATLANTIC will not be liable for any possible disputes or claims that could arise between the Client and the contracted insurance company as a result of insuring the goods.
Clause 8. PRICE OF THE CONTRACTED SERVICES
The transport and other services that are the object of ATLANTIC’s activity will be understood to have been contracted pursuant to the rates in force at the time of contracting and within the limits provided for therein. The payment terms agreed between ATLANTIC and the Client are considered to be incorporated and part of the price of each contracted service. If there are no rates or if the quotes from ATLANTIC or its agents do not contain prices for all the expenses or services effectively carried out and/or provided, the contracting will take place at the usual prices or market prices corresponding to the place where it is carried out. Any additional expenses that arise as a result of events or circumstances after the contracting date or, where applicable, by the date the shipping documents are issued, will be borne by the Client, provided that they are duly justified and not due to fault or negligence by any party who has been involved in providing the contracted services. Any expenses and services provided by ATLANTIC will paid for in cash, except where there are special conditions agreed in advance.
Any mention that the expenses of any kind, rates, carriage or freight are payable at origin, at destination, prepaid or to be paid, or any other indication of this nature, will be included at the Client’s request and will not change the Client’s obligation to pay the rates for all the services provided by ATLANTIC in cash and prior to performing the service. In case of delay in payment, the Client will also be liable to pay ATLANTIC any interest on arrears, damages due to exchange rate fluctuations, bank charges and any other type of economic loss suffered by ATLANTIC or its agents due to delay in payment. The Client accepts that they are not entitled to any reduction or compensation regarding any amounts owed to ATLANTIC. In case of doubt or in the event that the receiver of the cargo is not the charterer or the consignor, the freight and other items that make up the price and cost of the transport will be considered as always payable at destination.
Clause 9. COMPLAINT IN THE EVENT OF DAMAGE/FAULT IN THE GOODS AND OBLIGATION OF CARE
9.1. At the time of delivering the transported or stored goods, the Client and/or the receiver must check the conditions in which the goods are received, as well as the quantity, the number and the weight of the packages delivered. In the event of finding a defect or fault in the goods, or loss of any piece/package, the Client and/or the receiver must record the defect/fault or loss of goods found, at the same time as when the goods are delivered, on the consignment note or bill of lading.
9.2. In the event that any irregularity, damage or loss of goods cannot be detected at the time of delivery, the Client and/or the receiver must record and communicate their reservations in writing within 24 hours of when the goods were delivered, or under the terms and conditions outlined on the consignment notes, bills of lading, transport documents or applicable legislation, if they were lower.
9.3. The provisions of paragraphs 9.1 and 9.2 above are understood to be a requirement of procedure, and therefore, if it is not complied with, the right to claim will be understood to have expired and ATLANTIC will be exempt from any liability.
9.4. The Client accepts and understands that in order to be able to claim from ATLANTIC, they are obliged to keep the goods in respect of which they are making the claim, at their expense and under their care, and they are obliged to invite ATLANTIC to expertly judge the goods in order to obtain sufficient, legally valid evidence regarding the scope and cause of the damage and/or losses claimed. The Client accepts and understands that not allowing ATLANTIC to carry out this expert assessment leaves them unable to defend themselves, and that because ATLANTIC cannot defend the claim raised, it is exempt from all liability and will not be liable for the claim raised by the Client.
Clause 10. EXPIRY
Under penalty of expiry, the maximum time limit for bringing actions against ATLANTIC, persons reporting to it and/or its employees will be one year from when the goods are made available to the Client, or, in the case of a total loss, from the date on which the goods hypothetically should have been made available.
Notwithstanding the above, the time limit for actions arising from the effective performance of the different transport operations, will be in accordance with the time periods indicated in the consignment notes, bills of lading, etc. or, where applicable, those established in the national rules or international conventions regulating the different means of transport; the time limit starts to run as established in these documents or conventions.
Invoices from ATLANTIC for transport and storage services, including costs and expenses, may under no circumstances be combined with other claims. In absolutely no case, unless otherwise provided for by law, may the Client withhold amounts due to ATLANTIC or use them to pay possible or alleged pending compensation.
Clause 11. LIMITATION OF THIRD-PARTY LIABILITY
ATLANTIC is authorised to choose and contract freight forwarders, carriers, warehouse operators, customs agents, shipowners, shipping companies, airlines, charter brokers and any other agents if so required for the transport, storage, handling and delivery of goods, all of whom will be considered separate agents from ATLANTIC.
The goods will be consigned to these agents subject to all these conditions (such as limitations on liability due to loss, damages, expenses or delay in delivery), applicable rules, regulations, stipulations and conditions, whether they are written, printed or stamped, appearing on waybills, consignment notes, bills of lading and receipts issued by these freight forwarders, carriers, warehouse operators, etc. or those set out in the applicable national rules or international conventions.
Clause 12. LIABILITY OF EMPLOYEES/PERSONS REPORTING TO ATLANTIC
Any direct legal action against employees of and/or persons reporting to ATLANTIC, both whether they are permanent or temporary, due to loss of or damage to the goods, will only be possible within the limits set out in clauses 5 and 6. In case of joint legal action against ATLANTIC and its employees, both whether they are permanent or temporary, the maximum compensation will not exceed the limits stipulated in clause 5.
Clause 13. RIGHT OF RETENTION AND NOTARIAL PROCEDURES
ATLANTIC has in all cases the right in general and in particular to retain the transported goods and documentation of Clients who have not paid the amounts due to it by virtue of the services entrusted to it, as well as where the Client breaches the payment terms agreed with ATLANTIC. In this case, this agreement will be considered as neither valid nor enforceable, and all the unpaid amounts will be considered as due immediately, with ATLANTIC having the right of retention over all the goods under its authority. In addition, it may assert any other right of retention that is admissible pursuant to the law.
ATLANTIC will have the right to pursue any notarial proceedings as permitted by law.
The Client will be liable for the damage or deterioration suffered by the goods, especially if the goods are perishable, due to the right of retention or notarial proceedings that ATLANTIC or its agents have had to exercise.
If the goods over which the right of retention or notarial proceedings is sought to be exercised are lost or destroyed, ATLANTIC will have the same rights mentioned above with regard to the compensation that may be paid by the insurance companies, transport companies, etc.
Clause 14. FLEXITANKS.
14.1. For logistics and transport operations using flexitanks, ATLANTIC merely acts as the supplier of flexitanks owned by different companies. If you wish, you have the right to know the contact details of these manufacturers prior to making the shipment and before contracting with ATLANTIC. This information will be provided to you at any time.
14.2. These companies whose flexitanks ATLANTIC makes available to you are the owners of the flexitanks used by ATLANTIC, and ATLANTIC only makes them available to the party concerned in the transport or logistics operation in question.
14.3. In the case of transfer, filling or emptying operations, ATLANTIC will act as agent of the company that actually carries out the operation, if this is a company other than the Client. ATLANTIC will state the name, address and telephone number of this company prior to confirming the budget, booking or quote.
14.4. ATLANTIC reserves the right to provide the flexitank or any other equipment, device or machinery incidental to the same, as well as to change it or replace it once provided, if the circumstances surrounding the logistics or transport operation so require, in its opinion, without this generating any kind of liability for ATLANTIC.
14.5. Minimum and maximum load parameters: the Client states they are aware of the minimum and maximum load parameters of the flexitanks, as well as the maximum and minimum temperatures at which the flexitank must be used. If the Client is not aware of those parameters, it must request them before making use of the flexitanks. ATLANTIC and its principal (the flexitank manufacturer) will be exempt from all liability if these load parameters are not observed.
14.6. The Client must provide ATLANTIC with a detailed description of the goods that are intended to be placed in the flexitank prior to authorising the operation in question. If the Client does not expressly state otherwise, it will be understood that the goods are suitable for placement in the flexitank and that the Client assumes liability for the damages the flexitank may suffer. Among other goods, it is expressly prohibited to use flexitanks for dangerous goods, including radioactive and flammable substances and/or substances classed as dangerous by the International Maritime Organization (IMO).
14.7. Once the flexitank has been provided, the Client is obliged to check that it is in good condition for the optimal loading of the goods in question, transport or logistics operation, including filling, transfer or emptying. The Client must declare to ATLANTIC in writing and immediately before carrying out the contracted operation any imperfection or damage present on the flexitank, so that ATLANTIC may ask the manufacturer to change, replace or repair it as soon as possible.
14.8. The Client may not use, handle, install, uninstall, repair or modify the flexitank without the express consent and approval from the manufacturer, indicated via ATLANTIC.
14.9. If during the contracted operation any kind of complication or impediment arises that makes it necessary to carry out any kind of extraordinary outlay that was not budgeted for initially, ATLANTIC will not make this outlay without previously having received it from the Client immediately, without prejudice to the fact that the identity of the party responsible for making the outlay may be established at a later time.
14.10. Unless otherwise established, when the goods must be collected where it has been indicated to ATLANTIC and delivered where it has been indicated to ATLANTIC by road, whoever delivers the goods will be responsible for loading and whoever receives them for unloading the goods from the vehicle in which they are transported, and ATLANTIC will not be obliged to provide any kind of machinery or labour for these operations.
14.11. Where the installation of the flexitank or the loading of the same with the liquid to be transported has been performed by the Client, and in particular the consignor, its agents or subcontractors, ATLANTIC will not be liable for any kind of damage where this has occurred either due to the way in which the container and/or flexitank has been loaded; or due to the characteristics themselves of the loaded goods and their lack of suitability for transport in a container and/or flexitank; or due to the Client’s failure to check for any kind of defect, flaw or circumstance that could have prevented the damage if it had been checked; or due to the Client not sealing the container or sealing it poorly; or due to not following the specific instructions for flexitanks (following loading parameters, not opening the left-hand door of the container or other instructions).
14.12. Where ATLANTIC or any of its agents or subcontractors is entrusted with supplementary tasks in addition to the transport, such as positioning the flexitank, its assembly, disassembly, filling, emptying, transfer, transhipment, making available, internal transport in a port or depot, and/or any other activity or task related to the flexitank, and an accident, damage or loss occurs in any of those activities when the goods are under the control of ATLANTIC or its agents and subcontractors, or where ATLANTIC has been contracted for transport and there is no applicable bill of lading, ATLANTIC’s liability will in all cases be limited to the amount that is the lowest of the following three:
- the value of the damaged goods according to commercial invoice at the time of loading; or
- the sum resulting from applying USD 500 per metric tonne of weight of the goods effectively lost or damaged; or
- the amount of USD 12,000 per flexitank.
- This system of liability will apply both to contractual and extra-contractual claims.
In no case will ATLANTIC be liable where the loss is equivalent to 1% of the transported goods, or where the damage or loss is a result of the acts or omissions themselves of a person or company other than ATLANTIC or where the damage or loss is a result of delay in the delivery. If ATLANTIC is for any reason declared liable for not having delivered the goods within a reasonable period, its liability will be limited to the amount of the freight paid for the phase of the service contracted from ATLANTIC during which the loss or damage occurred or to the amount charged for the task performed in which the loss or damage was incurred.
14.13. The Client is obliged to defend the interests of ATLANTIC and to minimise the losses or damages that have occurred or are likely to occur.
14.14. ATLANTIC will be exempt from all liability in the event that the damage or loss has occurred due to force majeure, such as frosts, extreme weather, war, hostilities, state of siege, quarantine, strike or other labour conflicts, uprising, terrorist acts, epidemics, traffic or cargo congestion, or any other cause that is beyond ATLANTIC’s control. If any of these circumstances prevents ATLANTIC from carrying out the task entrusted to it by the Client, it will be rendered impossible and ATLANTIC will be exempt from any obligation to the Client.
Clause 15. SURVIVAL CLAUSE
If for any reason any clause in these conditions of contract, or part of them, is declared void, invalid or unenforceable, or if it is considered that there is any omission of information on the part of ATLANTIC, by a judge or institution with sufficient competence and capacity, the other clauses on conditions will continue to be fully valid and applicable.
Clause 16. APPLICABLE LAW AND JURISDICTION
These conditions, as well as any other contract signed with ATLANTIC and any dispute that may arise as a result of the same, will be governed and interpreted in accordance with Spanish law.
ATLANTIC clearly and categorically expresses its desire not to submit any dispute to the Transport Arbitration Boards.
Any dispute or action that may arise or be exercised against ATLANTIC, its employees and/or persons reporting to it will be subject to Spanish law, and, within that, the courts of the city of Barcelona, with the Client expressly waiving any other jurisdiction.