CARGUS TERMS AND CONDITIONS
APPLICABLE TO THE PROVIDED SHIPMENT SERVICES
LONG FORM – VERSION (01 – 2016)
1.1. The following definitions shall be used in setting the terms and conditions below and shall govern the shipment agreement (NT) concluded between you, as Customer/Beneficiary, and us, URGENT CARGUS, Transporter.
« we », « us », « ours » refers to URGENT CARGUS, to the URGENT CARGUS offices (places of business), as well as the employees, agents or independent (sub-) contracters;
« you », « yours » refers to the CUSTOMER, dispatcher, recipient or a third party of the shipment, holder of a consignment note (NT), owner of the shiopment content, any other person having an interest in its content;
« transport », refers to and includes all operations and services supplied by URGENT CARGUS regarding the dispatch;
« dispatch » refers to any kind of documents, parcels or goods of any nature, which were entrusted by the Customer, which travel by a single consignment note (NT) and that were accepted by URGENT CARGUS for shipment.
« prohibited items » refers to any goods or material whose transport is prohibited by law.
« NT » consignment note, (road) shipment agreement.
2. Parties concluding the agreement
2.1. The Customer shall conclude the shipment agreement with the URGENT CARGUS representatives or with any company assigned by URGENT CARGUS for the performance of fast shipment services related to documents/packages/goods.
2.2. Under the Contract, the Customer gives its consent to subcontracting the entire shipment agreement and/or the additional services or ay part thereof, under the conditions set by URGENT
3. Acceptance of the shipment conditions
3.1. When URGENT CARGUS takes over the dispatch, the Customer shall accept the URGENT CARGUS Terms and Conditions, as well as the terms and conditions of the shipment agreement, on his own behalf, or on behalf of any other person that might have an interest in the concerned shipment, whether he/she has signed the consignment note (NT) or not.
3.2. No URGENT CARGUS employee, agent, sub-contractor authorized by URGENT CARGUS and no other person/entity is authorized to amend or terminate in any way any of these Terms and Conditions. Should the Customer entrust URGENT CARGUS with a shipment accompanied by written or oral instructions in conflict with these Terms and Conditions, URGENT CARGUS is not to be held liable to comply with such instructions.
4. Object of the contract
4.1. Even though the Customer and URGENT CARGUS concluded another type of agreement, these Terms and Conditions apply to the agreement concluded between the Customer and URGENT CARGUS regarding the shipment service included in the scope of the present agreement.
5. Dangerous/hazardous items
5.1. URGENT CARGUS does not accept the shipment of dangerous or prohibited items, in accordance with the IATA (International Air Transport Association), DGR (Dangerous Goods Regulations), ICAO – TI (International Civil Aviation Organization), ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road), IMDG (International Maritime Dangerous Goods) specifications or other internal or international regulations with regard to the shipment or additional services related to hazardous goods/items.
5.2. URGENT CARGUS does not accept shipments containing prohibited items.
6.1. Under the present Terms and Conditions, all dispatches shipped or handled by URGENT CARGUS are submitted to safety checks, which the Customer accepts by remitting he consignment note (NT), together with accepting that the dispatch can be open and inspected anywhere, due to any reason ad in any moment by URGENT CARGUS and/or any national authority (customs, governmental authorities etc).
6.2. When taking over the Customer’s shipment, URGENT CARGUS is entitled to inspect the it, pursuant to the internal URGENT CARGUS procedures.
7.1. The routes and the shipment method used for the Customer’s shipments are at the sole discretion/convenience of URGENT CARGUS.
8. Fees. Means of payment
8.1. The Customer agrees to pay the fee for the shipment service performed between the locations specified on the consignment note (NT), according to the rates in force practiced by URGENT CARGUS on the shipment date or in compliance with the ones separately settled/negotiated with the Customer, within 15 (fifteen) days as of the invoice issuance date; in case URGENT CARGUS and the Customer have not concluded a negotiated agreement, the Customer agrees to pay the fee of the performed shipment service at the time when URGENT CARGUS takes over the shipment or at the time of delivery thereof, as the case may be.
8.2. The Customer is entitled to submit a complaint in writing the invoice issued within 30 (thirty) days from its issuance, and after this period the invoice is deemed accepted.
8.3. After take over, URGENT CARGUS shall check the weight, volume, number of items related to the Customer’s dispatch and if there are discrepancies between what is stated by the Customer and the verifications carried out by URGENT CARGUS, the Customer agrees that the weight, volume, number of items related to the dispatch considered when the rate calculation is done are those calculated and verified by URGENT CARGUS.
8.4. The rates practiced by URGENT CARGUS are applicable to the highest value of the actual physical weight of the shipment, the volumetric weight and the linear weight.
The volumetric weight is calculated according to the formula: length x width x height (measured in centimetres) /6000.
Linear weight is calculated as follows:
The calculation and pricing of packages with one side between 1.5m – 3.5m length = 50 kg + actual weight of the package.
The calculation and pricing of packages with one side bigger than 3.5 m:
o 3.5 m + < 1m = 100 kg+ actual weight of the package
o 4.5 m + < 1m = 200 kg+ actual weight of the package
o 5.5 m + < 0.5m = 300 kg + actual weight of the package
o The maximum permissible length for transport 6 m.
8.5. Should the Customer inform us that he/she has agreed that the recipient or a third party shall pay the fees for the shipment service performed by URGENT CARGUS (and/or any other additional charges or costs) and such recipients refuse to make the payment, URGENT CARGUS reserves its right to recover from the Customer the due amounts. Hence, if the recipient refuses to pay, the dispatcher agrees to pay these amounts within 15 (fifteen) days from the express notification of the fact that the recipient did not pay.
9. Wrong Addresses / Impossibility of Delivery
9.1. If the recipient’s address specified by the Customer on the consignment note is wrong, URGENT CARGUS shall make all reasonable efforts to find the correct address. If such address is located elsewhere, the Customer shall be informed about it, and URGENT CARGUS shall redirect the shipment after obtaining the Customer’s consent in this respect.
9.2. If the shipment cannot be delivered (for instance the recipient is not at home), URGENT CARGUS shall leave a written note at the recipient’s address informing him about the delivery attempt. Such note shall contain the number of the shipment agreement (NT), as well as a telephone number for contacting URGENT CARGUS in order to receive information with regard to the concerned delivery.
If the delivery could not be performed after the second attempt or if the recipient refuses to accept the delivery, URGENT CARGUS shall try to contact the Customer, in order to agree on the next operations.
9.3. The Customer agrees to pay any additional fees or costs generated by the return of the shipment, redirecting it, destruction or attempt of a new delivery according to the new requirement, according to the URGENT CARGUS fees applicable on the shipment date.
10. Responsibility of URGENT CARGUS
10.1. URGENT CARGUS is entitled to refuse handing over the shipment to the recipient in the following situations:
a) if, after URGENT CARGUS takes over the shipment, it is unequivocally noticed and without violating the secrecy of correspondence, that the shipment contains ítems prohibited for transport or which do not comply with special transport conditions;
b) if, after URGENT CARGUS takes over the shipment, it produced or there is the possibility of imminent damage to persons, environment, installations used or other shipments, etc;
10.2. URGENT CARGUS undertakes not to use methods of manipulating the Customer’s shipments that, through the activity of URGENT CARGUS employees or external factors, may alter or deteriórate the shipment or its content or that may give the opportunity to any other person to see the content of the shipment.
10.3. The delivery term does not include weekends and holidays.
10.4. Dispatches can be delivered on Saturdays if the dispatcher specifies in the “Observation” box on the consignment note (NT) the mention “Delivery on Saturday”.
10.5. Shipments that were not delivered to the recipient, nor returned to the dispatcher will be kept for 6 (six) months. If, during this time, the dispatcher or the recipient do not claim the shipment, it will be declared abandoned and shall pass in the property of URGENT CARGUS without any prior notification or formality.
10.6. Consignment notes (NT), as well as dispatch shipment proofs to recipients will be kept by URGENT CARGUS for 6 (six) months.
11. Customer’s Responsibility
11.1. By concluding the consignment note and by accepting the URGENT CARGUS Terms and Conditions, the Customer guarantees the following:
a) the shipment’s contents (in this case including, without limitation, the weight or the number of items thereof) were described correctly on the consignment note (NT).
b) the shipment’s contents were labelled and wrapped appropriately by the dispatcher in order to protect it against the usual shipment risks and the risks that might occur during the sorting and handling processes; in the case of shipments that are inappropriately wrapped by the dispatcher, URGENT CARGUS shall not be liable for any potential damage of the dispatch during the shipment;
c) the description of the shipment’s contents is according to reality and the consignment note (NT) and the recipient’s address are correctly and legibly filled in.
d) the Customer has correctly declared the shipment’s weight;
e) the Customer prepared the shipment safely through its employees and the shipment was protected against any unauthorised actions, during packaging, storage and transport before being taken over by URGENT CARGUS;
f) the shipment does not consist in goods prohibited or restricted by any internal and international regulations;
g) the Customer agrees to take all safety measures in accordance with the conventions and legislation in force on personal data protection if incidents occur that determine the loss or impossibility to deliver a shipment by URGENT CARGUS.
12. URGENT CARGUS liability limit
12.1. The liability of URGENT CARGUS for any loss, destruction, total or partial deterioration occurred during transport is limited as follows
a) In case of loss, theft, total or partial damage of the shipments being the object of services with unspecified value, URGENT CARGUS shall grant a compensation equal to the amount representing 10 times the value of the dispatch’s shipment service, irrespective of its weight.
b) In case of loss, theft or total destruction of the shipments being the object of services with a specified value, URGENT CARGUS shall grant a compensation equal to the entire value specified by the Customer, provided the Customer pays an additional fee of 1% of the acquisition/production value of the shipped dispatch.
c) In case of loss, theft or partial damage of the shipments being the object of services with a specified value, if the Customer has paid the additional fee of 1% of the specified value of the shipment, URGENT CARGUS shall grant a compensation equal to the value of the proven missing, destroyed or damaged part of the shipped dispatch.
12.2. In case of loss or total destruction of the shipment, in addition to the above compensation, URGENT CARGUS shall also give back to the Customer the fees for the service selected by the Customer, charged by URGENT CARGUS when having taken over the shipment.
12.3. URGENT CARGUS does not grant any compensation in case of inappropriate packaging, as the shipment’s packaging represents – under the Romanian Civil Cod – the Customer’s obligation.
13.1. URGENT CARGUS may not be held liable for delayed shipments, excepting Matinal service, in which case URGENT CARGUS will provide free shipping for the delayed shipment or will offer another free shipping.
13.2. URGENT CARGUS may not be held liable for the loss, destruction, damage, failure to deliver or incorrect delivery of a shipment as a result of:
13.2.1. Circumstances independent of our will, according to the law, without being limited thereto:
a) Fortuitous case: traffic jams/blocks (trees, rocks, chain collision), landslides near the roads, bridges collapses, mountain tunnels blocks, train derailing near the roads, natural blocks, road accidents independent from our shipment, local or national interruptions of road transports or mechanical problems that might occur in the shipment manner, etc;
b) Natural causes: earthquakes, cataclysm, storms, fire, flood, mist, snow or freeze, river floods, etc;
c) Human causes: wars, siege, strikes, embargo, forced State possession, revolutions, local disputes, civil riots, criminal acts of third parties, such as theft or intentional fire, etc;
13.2.2. Losses or indirect damages (loss of profit, income, markets, auctions, reputation, opportunities, etc) arising from delays, loss, destruction, flawed delivery or no delivery of the dispatch, are not attributable to us even though the fault is ours or if we had been notified that such losses may occur, or for any other special or consequential losses, resulting from the breach of the contract, negligence, willful act or fault.
13.2.3. Electric or magnetic damages, erasure of electronic, photographic or image recordings.
14. Extension of the liability limit
14.1. The risk of loss or damage of a shipment’s content may be covered by extending the dispatcher’s liability limit.
14.2. URGENT CARGUS provides its customers with this additional service for which a percentage fee from the specified shipment value shall be charged; the services shall be activated only if the corresponding column of the consignment note (NT) is filled in and upon the payment of this service according to the agreement concluded between the Customer and URGENT CARGUS.
14.3. The extension of the liability limit does not cover the indirect or special losses and damages (mentioned above) as a result of the delay, loss, total or partial damage of the Customer’s shipment or losses due to failure by the Customer to comply with its obligations under these Terms and Conditions.
15. Claims settlement procedure
15.1. If the Customer wishes to file a claim as a result of the loss, incorrect delivery, partial or total damage of shipment, as well as a claim related to the URGENT CARGUS employees, the Customer must observe the procedure described below.
15.2. The claim must be made in writing and sent to the URGENT CARGUS registered office, to the Customer Relations Department, within maximum 6 (six) months calculated from the date when the shipment was taken over by URGENT CARGUS from the Customer.
15.3. The claim must be documented by the Customer, by supplying all relevant data with regard to the caused and claimed event, including the original package of the shipment.
15.4. URGENT CARGUS assumed that transport was delivered in good condition, unless the recipient found damages and expressly mentioned on the delivery documentation, when accepting the shipment for transport.
15.5. Any complaint received by URGENT CARGUS Customer Care department is given a unique registration number. This is sent to the Customer as follows:
– when the complaint is registered, if communicated verbally via the Customer Care department
– within minimum 2 (two) hours – maximum 1 (one) business day from receipt, if complaints are received in writing.
15.6. Internally, URGENT CARGUS has set a deadline of solving complaints as follows: 2 (two) business days for claims without legal liability and five (5) business days for legal liability complaints.
15.7. According to the legal provisions and in compliance with the contractual provisions agreed by URGENT CARGUS with its Customers, the term for claims settlement/closing is 90 (ninety) days calculated as of the registration date thereof.
15.8. Should the Customer’s claim prove to be justified, the Customer shall be compensated by URGENT
CARGUS within maximum 30 (thirty) days as of the claim settlement and closing, specifically as of the reception of the compensation invoices issued by the Customer.
15.9. The compensation shall be granted to the Customer at the acquisition/production value of the shipment’s content and shall be transferred to the Cutomer’s account within 30 (thirty) days as of the reception of the due invoices by the URGENT CARGUS Claims department.
15.10. The complaint will considered to be founded if according to the existing contractual agreement between URGENT CARGUS and the Customer or in accordance with the legal provisions, URGENT CARGUS is obliged to pay damages to the Customer.
15.11. URGENT CARGUS reserves its right to reject the Customer’s claim if he/she fails to observe the procedure above.
15.12. In all cases, the deadline for submitting the complaint or for the application for summons is one year. The specified term is a term of prescription and shall commence on the date of the shipment submitted by post.
15.13. In case URGENT CARGUS accepts – totally or partially -, the formulated complaint, the Customer guarantees that its insurers or any interested third party, waive any rights, facilities or support they might be entitled to regarding the subrogation rights.
16.1. The applicable law is the Romanian law.
16.2. All disputes arisen in connection with the interpretation, performance or termination of these Terms and Conditions shall be settled amicably by the parties’ representatives. Should an amicable settlement between the Customer and URGENT CARGUS be impossible to reach, the dispute shall be subject, for due settlement in Court, to the competent Courts from the URGENT CARGUS registered office.
16.3. The company URGENT CARGUS is registered with the National Authority for Supervising the Processing of Personal Data under No. 17091, and the acceptance of the URGENT CARGUS Terms and Conditions involves the Customer’s consent regarding the processing of personal data in accordance with the provisions of the Law No.677/2001.