The Kalaresanan Chapar Company, in accordance with the current laws of the country, performs transportation of goods according to the law of trade approved in 1311, part 8, under the title of Carriage Contract, from articles 377 to 394, in order to comply with the rights of its customers. In case of lack of mentioned regulations, company regulates its own contract in accordance with the Civil Code and the Code of Inland Transport of Goods, which will be briefly explained:
Carrier: Someone who undertakes the carriage of goods as his particular business for hire.
Consignor (Sender): is the person sending a shipment to be delivered by carrier.
Consignee (reciver): is a person who consignor introduces as the recipient of the goods in the waybill.
Transportation contract: is a waybill concluded between the carrier and consignor.
Note: The Company concludes a contract with its major customers that will issue waybills in certain time periods.
According to Article 378 of the Commercial Law, a contract of carriage is subject to the law of agency, therefore, on this basis, the goods received by the carrier are trusted until delivery to the intended destination, and in this regard, the company considers the following measures to protect the rights of its customers:
1- Accident insurance of receiving goods, including fire, natural disasters and robbery from loading to delivery of goods at destination.
2- The issuance of a civil liability insurance policy for the employer, in relation to the personnel employed at the head office.
3- Obligating company contractors throughout the country to observe the company's insurance policies
But according to the risk factors, there is a possibility of damages for shipments under the delivery by carrier, and observing the following articles of the trade, will cause no liability for the consignor:
Article 379 of trade law A consignor must give the carrier the following particulars: The exact address of the consignee, the place where the goods are to be delivered, the number of bales or packages and type of packing, their weight and contents, the time limit for delivery, the route by which the goods are to be dispatched, and the value of any precious articles. The consignor will be liable for any damage resulting from failure to give the above particulars or from giving inaccurate particulars.
Article 380 of trade law The consignor must see that the goods are packed properly and he is liable for any damages resulting from faulty packing.
Article 381 of trade law The carrier is responsible for damages if the packing is obviously defective and he has accepted the goods without reservation. The responsibility for the insurance covering the goods is as follows: According to the contract of Chapar Company with Asia insurance company, it is from the time of reception of the goods by carrier until delivery to consignee, in which the responsibility of carrier will be finished after receipt of waybill.
Kalaresanan Chapar Company has been working on contracting agreements in certain areas of the province and the city according to the definition of comprehensive urban plan, in which case the contractors must meet the basic conditions and provide the necessary guarantees to protect the rights of their individual and major customers, which includes bank guarantees, bank loans and checks. Therefore, in the event of a defect caused by contractor, after the final approval of the competent authorities, performance withholding of contractor will be collected.