TERMS AND CONDITIONS
1. General Provisions
1.1 These Terms and Conditions govern our contractual relationship with you and explain your rights, obligations and responsibilities and those of the company named on the front of this contract.
1.2 Where we use the word “we”, “our”, “us” or “Company” it means the company named on the front of this contract.
1.3 Where we use the word “you”, “your” or “Customer”, it means any person or judicial entity at whose request or on whose behalf we undertake any business or provides Services.
1.4 We are a freight forwarding and logistics service provider. In providing the Services, we shall be entitled to procure any or all of the Services as an agent or to provide these services as a principal and we may act as Carrier for the Goods or interface with a Carrier as may be agreed with you.
1.5 When we act as an agent on your behalf then we are acting in a customary manner and you expressly authorize us to enter into contracts on your behalf and on behalf of the Owner in order to perform the Services. In our capacity as an agent, we do not make or purport to make any contract with you for the carriage, storage, packing or handling of any Goods nor for any other Services in relation to them and act solely on your behalf in securing Services by establishing contracts with third parties so that direct contractual relationships are established between you and such third parties.
1.6 When we act as a principal for the performance of any of the Services then the contract should expressly state so in which case we accept responsibility for loss or damage to Goods taken into our care and custody from the time we takes physical delivery of the Goods until the time we are entitled to call upon the you or the Owner to take delivery of the Goods (subject always to these Terms and Conditions and in particular subject to the limitation of liability set out in clause 13).
1.7 These Terms and Conditions can only be changed or amended by written agreement between the Company and the Customer.
1.8 Our liability for loss or damage is limited. Please pay special attention to clause 13.
1.9 Insurance is a separate contract between you and an insurance provider. Insurance conditions are separate from our Terms and Conditions. We are not responsible for loss or damage to uninsured Goods or Services.
1.10 If you want us to carry out Services which are excluded by these Terms and Conditions (see clause 8 for a list of excluded items) then we are not responsible for loss or damage arising from such Services (including damage to such goods).
1.11 The Customer and the Company agree that these Terms and Conditions shall supersede any additional terms of the contract which are in conflict with these Terms and Conditions (unless any additional terms of the contract reduce the liability, responsibility or obligations of the Company in which case such additional terms of the contract shall apply).
2.1 “Carrier” means the party actually performing the carriage of Goods, either by his own means of transport or any party subject to carrier’s liability who performs the carriage of Goods as a result of an express or implied undertaking to assume such liability.
2.2 “Dangerous Goods” means Goods which are officially classified as hazardous as well as Goods which are or may become of a dangerous, inflammable, radioactive noxious or damaging nature.
2.3 “Goods” means any property that is the subject of this contract and includes live animals as well as containers, pallets or similar articles of transport or packaging not supplied by us.
2.4 “Owner” means the owner of the Goods (including any packaging, containers or equipment) to which any Services provided under these Terms and Conditions relate and the consignee or any other party who is or may become entitled to take possession of the Goods.
2.6 “Services” means works and services of any kind relating to the carriage, consolidation, storage, handling, packing or distribution of Goods as well as ancillary and advisory services in connection therewith.
2.7 “Valuable Goods” means jewelry, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, works of art or goods or collections of a similar kind.
3. Our quotation
3.1 Our quotation does not include customs duties or any other fees or charges payable to government, semi government, administrative or similar bodies or authorities.
3.2 Unless otherwise agreed we quote a fixed price but we may change the price or apply additional charges if any of the following apply or have not been taken into account when preparing the quotation:
(a) You do not accept the quote within 28 days;
(b) The Services are not carried out within 3 months due to your delay;
(c) Our costs increase due to currency fluctuations, changes in taxation or freight charges beyond our reasonable control;
(d) We have to collect or deliver Goods above the second floor of a building or residence;
(e) We supply any additional Services not expressly quoted for (including moving or storing additional goods in which case these Terms and Conditions still apply);
(f) There are hindrances outside our reasonable control (see clause 5 for additional details);
(g) The stairs, lifts or doorways are inadequate or the approach is unsuitable for our vehicles, which requires that we do additional work; and
(h) Any parking or other fees or charges that we have to pay in order to carry out our Services on your behalf.
3.3 Transport rate is not always calculated on the actual shipment weight, as a volumetric chargeable weight may apply depending on the density of shipment.
4. Work not included in the quotation
4.1 Unless expressly agreed in writing we will not:
(a) Dismantle or assemble unit furniture (flat-pack), fitments or fittings;
(b) Disconnect or reconnect appliances, fittings or equipment;
(c) Remove or lay fitted floor coverings;
(d) Move night storage heaters unless they are dismantled; or
(e) Move or store any items excluded in clause 8.
4.2 If any of our staff does this kind of work for you at your request and without our written consent then we will not be liable for any loss or damage.
5. Hindrances or unforeseen risks
5.1 If at any time our performance is or is likely to be affected by any hindrance or risk of any kind (including the conditions of the Goods) not arising from any fault or negligence on our part and which cannot reasonably have been foreseen or avoided by us with the exercise of reasonable care, then we may abandon the transport of the Goods and the Services without liability on our part.
5.2 In such an event, where reasonably possible, we will make the Goods or any part of them available to you at a place we deem safe and convenient, whereupon delivery shall be deemed to have been made, and our responsibility in respect of such Goods and Services shall cease but we shall still be entitled to the agreed remuneration under the contract and you shall pay any additional costs associated with the circumstances mentioned in clause 5.1.
5.3 Unforeseen costs – Due to the nature of the area we work in there may be demurrage, truck waiting days convoy/escort, customs inspection and other charges incurred outside of our control. We will make every effort to alert you prior to incurring these charges but these will also be the responsibility of the party / company accepting this quotation.
6. Your responsibility during removal
It is your sole responsibility to:
(a) Ensure that nothing is taken away in error or left behind;
(b) Obtain at your own risk and expense all documents necessary for the removal to be completed;
(c) Provide security for the Goods at the departure and destination points by being present yourself or authorizing someone to represent you;
(d) Adequately prepare and stabilize all Goods prior to their removal;
(e) Arrange and pay for any necessary parking facilities. We will arrange any necessary parking fees at additional charge unless stated on your quotation.
7. Ownership of the Goods and Indemnity
7.1 By entering into these Terms and Conditions you warrant that:
(a) The description and particulars of any Goods furnished by you or on behalf of the Owner are complete and accurate;
(b) That all Goods are safe for transport and storage and have been properly and sufficiently prepared, packed, stowed, labelled and marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods;
(c) The Goods to be removed are your own property or you have the authority of the Owner in respect of the Goods to be moved or stored; and
7.2 You shall indemnify us from all liability incurred in the performance of the Services and undertake that no claim shall be made against any director, servant, or employee of the Company which imposes or attempts to impose upon them any liability in connection with any Services which are the subject of these Terms and Conditions. If any such claim is nevertheless made, you agree to indemnify the Company (including its directors, servants, or employees) against all consequences and liabilities arising thereof.
7.3 For the avoidance of doubt, your indemnity covers any liability assumed or incurred by the Company when by reason of carrying out the Customer’s instructions the Company has reasonably become liable or may become liable to any third party.
8. What is excluded?
8.1 The following items are specifically excluded from our contract with you and if you ask us to move them we do not accept any responsibility for loss or damage (howsoever caused):
(a) Valuable Goods;
(b) Dangerous Goods;
(c) Goods likely to encourage vermin or other pests or to cause infection;
(d) Refrigerated or frozen food or drink; and
(e) Any animals and their cages or tanks including but not limited to pets, birds or fish.
8.2 We are entitled to dispose of (without notice and liability) any Goods which are listed in clause 8 (b), (c) and (d) above.
At the time the Goods are taken into our care and custody you shall be deemed to have guaranteed the accuracy of all particulars relating to the general nature of the Goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the Goods.
10. Postponements and Cancellations
You will be liable to pay us 50% of the agreed service fee quoted for if you cancel or postpone any works on less than 24 hours notice.
11. Paying for the Services
11.1 You must pay our fees and charges (without deduction or set off) in cash or by bank transfer.
11.2 Interest at 3% per day will be calculated (pro rata on a daily basis) on all accounts which are outstanding for more than the credit terms mentioned on our invoices.
11.3 You will remain responsible for all costs, fees, charges, expenses, duties, freight and related charges even if you give us instructions to collect this from the Owner or any other party who is entitled to delivery of the Goods.
11.4 We reserve the right to refuse Services and to terminate any contract with immediate effect if payment is not received in full when it becomes due.
11.5 For the avoidance of doubt, payment of our fees when due (and insurance premiums, if purchased through us) may not be withheld or delayed for any reason whatsoever.
11.6 Payment in advance required unless otherwise agreed in writing with EERelo.
12.1 We will not obtain (and be under no obligation to obtain) any insurance cover for you or the Goods; unless you expressly instruct us in writing to do so.
12.2 All insurances are subject to the usual exceptions and conditions of the policies of the insurance provider or underwriters taking the insured risk.
13. Our liability for loss or damage and limitation of liability
13.1 We shall perform our duties with a reasonable degree of care, diligence, skill and judgment but we shall, subject to any exclusions and limitations, only be liable for loss of damage caused as a direct result of our gross negligence or wilful misconduct.
13.2 We assume you and the Owner are responsible for insurance and accept all risk in relation to the Goods and we shall not be liable for loss or damage to Goods not insured through us.
13.3 We shall not be liable for loss or damage resulting from:
(a) fire, loss, or damage while goods are in storage;
(b) moths, vermin or similar infestation;
(c) cleaning repairing or restoring (unless we did the work);
(d) invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, or military coup, strike, lock-out, stoppage or restraint of labour;
(e) wear and tear, leakage or evaporation, atmospheric or climatic changes;
(f) death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink which are moved entirely at your risk;
(g) indirect or consequential loss, including but not limited to, loss of profit, delay (except as set out in clause 16 below), loss of market value; etc.
(h) items which are brittle or have an inherent defects, deep freezers, the mechanism of clockwork, electronic, or motor-driven goods (unless there are outward signs and visible signs of impact damage);
(i) sensitive equipment or self-assembly furniture that is dismantled and/or re-assembled, regardless of who built it originally, or for self-assembled furniture which is not suitable for transport;
(j) any Goods not packed or unpacked by us;
(k) items left inside cupboards or other furniture;
(l) food or plants;
(m) fixtures, fittings, property or goods damaged as a result of difficult access;
(n) goods received from third parties in an unknown condition or damaged/lost by third parties parties;
(o) Valuable and Dangerous Goods;
(p) loss following from delay unless expressly agreed in writing;
(q) any items referred to in clause 8.
13.4 We shall not be liable as a Carrier even if you received a transportation document issued by the us unless the transportation document expressly states that we are acting as a Carrier.
13.5 Our liability for loss or damage (howsoever arising) shall be limited to the lesser of:
(a) the value of any Goods lost or damaged, or
(b) a sum at the rate of 8 USD (eight USD) per kilo of gross weight of any goods lost or damaged, subject to a limit of 5000 USD (five thousand USD) per bill of lading, whichever shall be the least; or
(c) double the fees paid for the Services.
13.6 By special arrangement agreed in writing, we may accept liability in excess of the limits set out in clause 13.5 above provided you agree to pay our additional charges for accepting such increased liability (details of our additional charges will be provided upon request).
14. No liability for third parties We are not liable for acts and omissions by third parties, such as, but not limited to, Carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless we failed to exercise due diligence in electing, instructing or supervising such third parties.
15. Timings, method and route of transportation
15.1 We shall use reasonable endeavors to perform the Services in accordance to the agreed written time schedule.
15.2 If you change or amend the route or time schedule or your instructions are inaccurate or incomplete or not according to contract, then we may act as we deem fit at your risk and expense in order to perform the Services.
15.3 Unless otherwise agreed, we may without notice to you arrange to carry the Goods on or under deck and choose or substitute the means, route and procedure to be followed in the handling, stowage, storage and transportation of the Goods.
16. Delays in transit
16.1 If we do not keep to an agreed written time schedule and the delay is within our reasonable control we will pay you reasonable expenses up to a maximum of $150 for any delay. If through no fault of ours we are unable to deliver the Goods, we will arrange for storage at your risk and expense in which case the contract will then be fulfilled and the Goods deemed delivered. Any additional Services, including storage and delivery charges, will be at your expense.
16.2 Truck Waiting days – We give 1 day free for loading and export paperwork and 1 days free for import customs clearance and unloading. After exceeding this free time we will charge “our” customer (Freight payer) demurrage per calendar day. Demurrage charges vary depending on country of operation. Delay in transit which occurs due to insufficient or incorrect paperwork provided by the exporter will be charged as above to “our” customer. Cost that unexpectedly occurred due to customs legislation of the country involved (like escort / convoy, changes in regulations, etc.) and the delay demurrage for this will be charged onto “our” customer.
16.3 Airfreight pickup / delivery – Loading / unloading must be completed the same day as truck arrival.
17. Damage to premises
17.1 We shall not be liable for damage to premises unless caused by our gross negligence or willful misconduct in which event our liability will be limited to a maximum amount of $350 unless property damage insurance has been arranged by us at your request.
17.2 Any damage to premises must be noted on the delivery receipt and confirmed in writing to us within 7 days from pick up or delivery (as the case may be). The time limit is essential otherwise we will not be liable and you will have waived your right to claim for damage to premises.
18.1 The Goods will be deemed to have been delivered in good order and condition unless we receive written notice (which includes notice by means of telegram, telex, telefax, email or any recording by electronic means) from you, the Owner or the party entitled to take delivery within 7 days of having delivered the Goods.
18.2 It is important that we are notified in writing of any loss of or damage to the Goods within 7 days from delivery failing which you will have waived any rights to claim compensation against us for damage or loss to the Goods.
19. Assessment of compensation
The value of the Goods shall be determined according to the current commodity exchange price or, if there is no such price, according to the current market price or, if there is no commodity exchange price or current market price, by reference to the normal value of the Goods of the same kind and quality.
20. Our right to sell the Goods
We are entitled to require you to remove your Goods from our custody and to pay all monies due to us upon 28 days notice. If you fail to pay all outstanding monies due to us we are entitled to sell or dispose of some or all of the Goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and the balance remaining, if any, will be paid to you without interest.
21. Right to general lien
We shall have a general lien on all Goods and documents relating to Goods in our possession, custody or control for all sums due at any time from you or the Owner, and we shall be entitled to retain or dispose of such Goods and documents against payment of the freight or other expenses and other such sums due to us for the Services.
22. Claims against us
You will be liable to pay and indemnify us against any claims, charges, expenses or damages made by third parties (people other than you) in relation to the Services.
23. Our right to sub-contract the Services
We reserve the right to sub contract some or all of the Services in which case these Terms and Conditions will still apply to any sub contracted portion of the Services.
24. Jurisdiction and applicable law
24.1 These Terms and Conditions and any act or contract to which they apply shall be governed by Romanian law.
24.2 Any dispute arising out of any act or contract to which these Terms and Conditions apply shall be subject to the exclusive jurisdiction of the Romanian Courts.
25. Your forwarding address
If you send Goods to be stored you must provide a forwarding address and notify us in writing if it changes. All correspondence and notices will be considered to have been received by you 7 days after posting it to the last forwarding address recorded by us.
Where we produce an inventory of your Goods and send it to you it will be accepted as accurate unless you write to us within 7 days of receiving the inventory to notify us of errors or omissions.
Storage charges are payable in advance. All charges, including removal charges, which must be paid in full before Goods may be taken out of storage. All storage rates and customs fees will be the responsibility of the Sender or the party accepting this quotation unless otherwise agreed in writing.
28. Revision of storage charges
We review our storage charges periodically and may increase them from time to time. You will be given 28 days notice of any increases.
If your payments are up to date we will not end this contract except by giving you 3 months notice in writing. If you wish to terminate your storage contract you should give us at least 14 days notice. If we can release the Goods earlier we will do so, provided your account is up to date.
30. Handing out charges
If you choose someone else to collect your Goods from our warehouse we are entitled to apply a charge for handing them over. Our liability will cease upon handing over the Goods. All trucking / handling rates based on local standard equipment.
31. Customer’s liability
31.1 You shall be liable to the Company for all loss or damage, costs, expenses, fees and charges resulting from inaccurate or incomplete information or instructions given to us in the handing over by you or anyone acting on your behalf, or to any other person to whom we may become liable, of Goods having caused death or personal injury, damage to property, environmental damage or any other type of loss.
31.2 In the event that you fail to pay your fees or any charges and costs when due then we may apply a 50% surcharge on your outstanding balance in advance of collections.
If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected