Terms and Conditions (T&C)
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1.1. The transport and warehouse services rendered by Schenker Logistics Romania SA, and the commercial relationship as well, will be governed by these General Terms, the International CMR Convention, approved in Geneva on 19.05.1956 regarding to international and national transport of the goods (CMR), by the national legislation in force at the date of signing the contract and by USER Conditions (www.user.ro).
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2.1. The Customer has to send to the Schenker Logistics Romania SA, in written form (order), clear instructions regarding each special transport requirement (hazardous cargo (DGR), temperature control transports, fixed scheduler for collection/delivery, oversized dimensions of the cargo etc.). Those special requirements are under Schenker Logistics Romania SA`s acceptance.
2.2. The Customer is responsible for the real content of the parcels and/or pallets towards third parties, including national and international authorities/offices.
2.3. The Customer does not have the right to issue transport or warehouse orders for prohibited goods: narcotics, prohibited chemicals, munition, weapons, jewelry and money, otherwise he is solely responsible for any damage suffered by the Schenker Logistics Romania SA. However, if the Customer places such transport orders, Schenker Logistics Romania SA reserves the right to refuse them.
2.4. The Customer has the obligation to pick-up the goods and release the warehouse spaces as established in the order or in maximum 3 (three) days after the payment was done.
2.5. The Customer is responsible for the way of packaging and labeling the cargo. The package has to be in accordance with the type of the cargo and has to assure the protection of the goods during transportation, handling and warehousing, avoiding any damages. For groupage transports, the shipments will be handled multiple times and the package has to be appropriate for those actions. Schenker Logistics Romania SA does not have any responsibility regarding the goods that are not packed or with defective/improper package.
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3.1. Customs services and any other additional services shall be invoiced separately.
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4.1. Transport services rendered by Schenker Logistics Romania SA are provided as “door to door”. Collection and delivery of the goods are provided at the ground floor of the address or at the delivery place of the goods, including but limited to the entrance, gate, access ramp. Emergency collection or delivery under special circumstances will be additionally charged.
4.2. For the return of own documents, detailed reception, fixed collection or delivery hours or intervals or outside the standard program 08:00 - 17:00, deliveries to supermarkets and/or other special requests will be charged additional fees depending on the requests received, at the time of order submission.
4.3. The maximum parking time for collecting / delivering freight parties in groupage transports is 1 hour. In case of exceeding this time, additional costs shall be charged.
4.4. The parking time for collecting / delivering freight parties in full or partial truck mode (freight parties more than 2,501 kg / shipment), shall be agreed with the Customer, for each transport. In case of exceeding this time, additional costs shall be charged.
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5.1. Any damages caused by the total or partial damage or loss of the goods and/or for the delay in delivery can be claimed at the moment of delivery of the goods (apparent damages), within 7 days from the release (non-apparent damages) and within 21 days in case of delay, in accordance with the provisions of the Convention CMR and OG 27/2011. If the Customer does not address the claims in the stipulated terms it is deprived of this right. Claims shall be sent in writing to the following e-mail address: ro.dl.buh.claims@dbschenker.com or to our headquarters address from 196C Rahovei Street, district 5, Bucharest, otherwise they will not be taken into account.
5.2. In case of lost or damaged cargo due to Schenker Logistics fault, the maximum responsibility accepted by Schenker Logistics cannot exceed 8,33 DST/ kg of gross weight of damaged/lost cargo (aprox. 10 EUR/kg) in case of international transport and maximum 2,5 USD/kg of gross weight of damaged/lost cargo in case, and in case of delay deliveries, the responsibility of Schenker Logistics cannot exceed the value of that transport, based on article 23.5 from CMR Convention.
However, in case of damage (total/partial damage), the value will be calculated taking in consideration the value of damaged cargo at the date when the event was produced, the damaged ratio of the cargo, established by comparison with the cargo not damaged, the costs with reconditioning the components or damaged pieces, the costs with replacement of the cargo, from which will be decreased the residual value, choosing the lowest costs out of the ones mentioned above. This amount will not exceed the limit mentioned above according to CMR Convention and OG 27/2011.
5.3. Schenker Logistics Romania SA, regardless of its quality (agent, stakeholder, forwarder etc.) is responsible only for the damages caused by its own mistakes, which can be charged to it or to its subordinates. Schenker Logistics Romania SA cannot be liable for any loss of profit, direct / indirect financial losses, other financial losses, contracts, turnover, customers of the Beneficiary etc. and for the missing instructions regarding transport conditions.
5.4. The transport price does not include any additional insurance of the cargo (Cargo insurance). Concluding this Cargo Insurance, the Customer shall benefit of “All Risks” type coverage - according to the insurance condition “Institute Cargo Clauses (A) 01/01/2009 CL382” issued by the Insurance Institute of London (IUA). The insurance premium has a value between 0.15% - 0.4% of the insured amount (cargo value + transport value + other taxes), depending on the type of goods delivered to transport, but not less than 25 Euro/insurance certificate.
5.5. By choosing a cargo insurance you will be protected also from additional risks which does not involve Schenker Logistics Romania SA liability, e.g. loss of cargo or damaged cargo due to natural calamities / weather conditions / events appeared due to third parties etc.
5.6. If such insurance is not purchased, or although it has been requested, the Customer does not mention or refuse to mention information regarding the goods, based on which the insurance premium will be established, the Customer expressly declares that he understands and accepts that the compensation granted by Schenker Logistics Romania SA cannot exceed the limits mentioned in art. 5.2 above.
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6.1. Schenker Logistics Romania SA has a lien right over the goods until the Customer fully pays all the tariffs agreed or any amounts due.
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7.1. The payment of the invoice is made by bank transfer in one of the accounts mentioned in the footer of the page. The payment term is the one mentioned in the offer. For non-performance or improper performance of the obligation to pay, the Customer will pay damages in the amount of 0.3%/day of delay until the fulfillment of the obligation. All bank charges will be borne by the payer.
7.2. The calculation of the transport costs depends on the correctness and completeness of the information provided by the Customer. In case of providing incorrect, incomplete information and or modifying it, regarding to weight, volume, delivery address, or route, the initial transport costs will be recalculated accordingly.
7.3. In the situation where the service ordered by the Customer is SYSTEM PREMIUM, it has the possibility to request the reimbursement of the transport value, if the agreed transit times have not been respected. The transit times are calculated in working days, time interval: 08: 00-17: 00.
7.4. System Premium Product is not applicable for: transports under customs regime, transports with collection/delivery addresses on islands, dangerous goods transports (DGR).
7.5. The request regarding the reimbursement of the value of the transport must be sent to the e-mail address: ro.dl.buh.claims@dbschenker.com within a maximum of 45 calendar days from the date of issuing the transport invoice. The request will be accompanied by the invoice for the transport, the proof of payment and the delivery note (POD).
7.6. The reimbursement of the value of the transport cannot be requested if the delay in delivery occurred for reasons not attributable to Schenker Logistics Romania SA, including but not limited to: act of god, force majeure, legal holidays, restrictions according to art. 17 point 2 of the CMR Convention, for reasons related to the person of the sender/consignee, or if the information in the transport order is incomplete/incorrect.
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8.1. Force majeure and the risk of unforeseeable circumstances, as they are defined in article 1531 from the Romanian Civil Law, communicated and accepted under legal provisions, absolve from responsibility the part which invokes it.
Cases of force majeure include, without limitation, the following: war (declared or not), invasion, civil war, revolution, insurrection, terrorism, embargoes, sabotage, piracy, expropriation, requisition, nationalization, epidemics, natural disasters (such as, but not limited to, storms, cyclone, typhoon, hurricane, tornado, earthquake, volcanic activity, landslides, tsunamis, floods, lightning, drought, blizzards) explosion, fire, strikes, labor disputes.
8.2. All types of litigations arising from execution of this contract, which cannot be solved mutually, will be submitted for settlement to the competent courts of Schenker Logistics Romania SA headquarters from Bucharest.
8.3. The Customer declares that it is aware and expressly accepted the provisions regarding liability - limitation clauses, applicable law, jurisdiction, as well as any other unusual clause in the contract according to art. 1203 of the Romanian Civil Code.
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9.1. In the event that the services or part of the services contemplated herein become/are prohibited and/or restricted under any laws or regulations, including but not limited to US-law, law of the European Community, or national laws, regulations relating to the fight against terrorism, embargos, Trade Regulations, Schenker Logistics Romania SA is entitled to cancel the services or part of the services at any time, without prior notice and without incurring any liability to the Customer whatsoever.
9.2. The Customer declares and warrants that accepts and shall comply with the DB Code of Conduct for Business Partners, which can be accessed at the following link: http://www.dbschenker.com/log-ro-ro/start/ (“About Us"-> Conformity);
The Customer also warrants that its employees/representatives will comply with the DB Code of Conduct for Business Partners.
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10.1. Schenker Logistics Romania SA will not be held liable for damages caused by violations of the "The Hungarian Electronic Trade and Transport Control System (EKAER)" notwithstanding any other indications in the contract.
10.2. Schenker Logistics Romania SA is not responsible for effects of the withdrawal of the United Kingdom of Great Britain from the European Union (“Brexit”) and thus is not liable for any damages caused by delays due to the consequences of Brexit. This shall include, but is not limited to, delays in customs clearance and/or during border processing
Any additional costs due to the consequences of Brexit (e.g. storage costs, demurrage and detention, customs fees, port costs, costs of personnel) may be charged to the customer. Schenker Logistics Romania SA will inform the customer once Schenker Logistics Romania SA has reliable information about additional costs and at the latest by the start of transport.
Schenker Logistics Romania SA shall be unilaterally entitled to terminate this contract with formal notice to the customer if the withdrawal of the United Kingdom of Great Britain from the European Union leads to a fundamental change of the contractual circumstances. Fundamental changes shall be including but not limited to: (i) the contractually obliged provision of services is rendered impossible or (ii) the continuation of the contract will place a substantial and significant financial burden.
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