A. PARTIES’ OBLIGATIONS:
1. PROVIDER’s obligations:
- to take the orders Monday through Friday (09:00-18:30) and on Saturdays (09:00-14:00), or at the time mutually agreed upon with the customer
- to verify the parcels submitted for delivery and to refuse those that are not wrapped appropriately for shipping or which give signs that they might be damaged
- to store and to load the parcels in the means of transportation by assuring them against degradation by an additional wrapping (if needed), tightening, tying, etc., depending on the nature of each individual parcel, as well as to provide their safety
- to urgently ship parcels in the country and in Los Angeles within 24 hours or exceptionally within 48 hours in the door-to-door system with acknowledgement of receipt, which consists in the date, time and person signing upon destination, sent to the beneficiary through the means mutually agreed upon
- to receive the merchandise in view of providing the services based on the awb / delivery protocol and if it has any reserve regarding the condition of merchandise it has to expressly indicate them.
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2. BENEFICIARY’s obligations:
- to pay the equivalent value of the services provided
- upon the submittal of the deliveries, to wrap and seal appropriately the merchandise to be transported
- to submit to the provider the necessary documents depending on the merchandise nature, together with it
- all of the deliveries have to indicate the address, contact person and phone number, to indicate the conditions under which the transport and handling shall be performed, so that they are made under maximum safety conditions
- in case of an action with a high volume of deliveries the provider shall be notified in time for the delivery operations to be performed under optimal conditions
- in case parcels are shipped, the weight of each parcel shall not exceed a maximum level of 40 kg and the following sizes: : length 60 cm / width 50 cm / height 30 cm; if the sizes mentioned above are exceeded, the weight to be taken into account shall be the highest between the real weight and the volume weight calculated as follows:length x width x height / 6000
- upon the delivery of the shipping, the beneficiary undertakes to appropriately wrap and seal the merchandise to be transported because in case of an inappropriate wrapping of the merchandise there is the risk of it being damaged
- in case of the deliveries paid for upon destination it shall bear the costs of the deliveries one way and even return in case the payment is not made by the recipient
- when the delivery is completed, the BENEFICIARY undertakes to fill out the CONTENTS box (e.g. ready-made clothes, cosmetics, auto parts, etc.)
- to indicate to the PROVIDER whether or not it wants the DELIVERY to be made on SATURDAY.
B. CRIMINAL CLAUSE
In case the BENEFICIARY does not fulfill the payment obligations arising from making the merchandise deliveries by the PROVIDER under the terms and conditions mentioned above, penalties in amount of 0.5% for each day of delay shall be charged out of the outstanding amount or the amount to be paid.
C. CONTRACTUAL LIABILITY
The BENEFICIARY is liable for damage that can be caused to the PROVIDER following the delivery of various products, materials or values prohibited by the law, through parcels delivered.
For such purpose, the discovery of some parcels containing flammable and/or dangerous materials, perishables, guns, drugs, gold or silver objects, gems, money, livestock or other objects prohibited by the law, makes the BENEFICIARY be liable – in a civil, criminal or contraventional way – as the case may be, before the authorities, as it is materially liable for the prejudice caused to the PROVIDER.
A prejudice means – under the specified circumstance – the PROVIDER’s image prejudice, which is discovered by the authorities transporting the products, merchandise or values mentioned with direct consequences on reducing the clientele following the diminishing of the confidence of performing the delivery services, at the extent at which such a prejudice can be assessed in a monetary value; is also means the prejudice caused following the patrimonial actions (fines, damage, etc.) ordered by the authorities against the PROVIDER and related to the mentioned circumstances.
In case of deliveries paid upon destination and not received by the recipient, the PROVIDER has the right to retain the parcels until the BENEFICIARY pays for the round-trip service.
The PROVIDER is liable in case of a total damage or the loss of the parcels or envelopes during transportation and it shall pay damage as follows:- for deliveries with no declared value: 50 Euro
- · for deliveries with declared value: 100% of the declared value in case the BENEFICIARY pays 1% of this value.
The PROVIDER is not liable in case the addresses are misspelled in the recipient box or if the latter has changed its office / home address as well as after the deliveries are signed upon receipt and in case of the merchandise inappropriately wrapped by the beneficiary, if it is damaged during transport.
In any of these cases, the PROVIDER shall show due diligence in making the delivery even with delay.
The PROVIDER is not liable in case the merchandise inappropriately wrapped is damaged.
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D. FORCE MAJEURE
Neither of the contracting parties is liable for non-fulfillment on term or inappropriate (total or partial) fulfillment of any obligation assumed under the hereby Agreement if it was caused by a Force Majeure event, as defined by the law.
The party invoking the Force Majeure case has to notify the other party within 48 hours on the occurrence of the event and to take all possible actions in view of limiting its consequences.
If within 10 days since the occurrence, the event does not end, the parties have the right to notify each other on the de jure termination of the hereby Agreement without any of them having the right to claim damage – interest.
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E. TERMINATION OF THE AGREEMENT
The hereby Agreement is de jure terminated without the need of interference from any court of law in case either party:- does not fulfill the essential obligation stipulated by chapter VI, item 2, paragraph 1 of the hereby Agreement
- does not fulfill the essential obligation stipulated by chapter VI, item 2, paragraph 1 of the hereby Agreement
- is declared unable to pay or the winding-up (bankruptcy) procedure is started before the execution of the hereby Agreement
- it assigns its rights and obligations stipulated by the hereby Agreement without the consent of the other party
- within 5 days since the receipt of the notice regarding the non-fulfillment or the inappropriate fulfillment of any of its obligations.
The party invoking a cause for the termination of the hereby Agreement provisions shall notify the other party at least 15 days before the date on which the termination shall begin producing its effects.
The termination of the hereby Agreement shall have no effect on the obligations already due between the contracting parties.
The provisions of the hereby chapter shall not waive the liability of the defaulting party causing the termination of the hereby Agreement.
F. NOTICES
Any notice sent by one party to the other related to the hereby Agreement shall be considered as duly serviced if it is sent to the registered office mentioned in the introductory part of the hereby Agreement.
The notice sent by mail is considered received on the date mentioned on the envelope by the post office.
The notice sent by fax or telex is considered to be received on the first working day following the day on which it is sent.
G. LITIGATION
All of the litigation regarding the interpretation, execution or termination of the hereby Agreement shall be amicably solved by the parties’ representatives.
In case such a resolution is not possible, the litigation shall be solved by the Los Angeles Court of Law, the 6th Commercial Section.
H. FINAL CLAUSES
The alteration of the hereby Agreement shall be made only through an addendum concluded between the contracting parties.
The hereby Agreement has been prepared and signed in 2 (two) copies, one for each party. |
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