Terms and Conditions of Service
THE RULES RELATING TO LIABILITY ESTABLISHED BY THE WARSAW CONVENTION AND ANY AMENDMENTS THERETO SHALL APPLY TO THE INTERNATIONAL CARRIAGE OF ANY SHIPMENT HEREUNDER INSOFAR AS THE SAME IS GOVERNED THEREBY.
The rules relating to liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, Poland, on October 12, 1929, and any amendments thereto shall apply to the international carriage of any shipment insofar as the same is governed thereby. There are no stopping places agreed upon at the time of tender of the shipment, and ABC1-LOGISTIC OÜ reserves the right to route the shipment in any way ABC1-LOGISTIC OÜ deems appropriate. Notwithstanding any clause to the contrary, international carriage by road may be subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road signed at Geneva on 19th May 1956 and any amendments thereto ("the CMR Convention").
ABC1-LOGISTIC OÜ may engage subcontractors to perform services and contracts both on its own behalf and on behalf of its servants, agents and subcontractors each of whom shall have the benefit of these terms. No such party has the authority to waive or vary any of these terms. All packages covered under a single ABC1-LOGISTIC OÜ Waybill/consignment note (the "ABC1-LOGISTIC OÜ Waybill") shall be considered a single shipment. A shipment may be carried via any intermediate stopping places that ABC1-LOGISTIC OÜ deems appropriate.
Unless otherwise agreed in writing prior to the tender of the shipment, the service to be provided by ABC1-LOGISTIC OÜ is limited to the pickup, transportation, customs clearance where applicable and delivery of the shipment. The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that ABC1-LOGISTIC OÜ may not monitor the inbound and outbound movement of individual shipments at all handling centers.
Commodities Handled and Restrictions on Service
ABC1-LOGISTIC OÜ offers transportation of general commodities, as usually defined, subject to the following restrictions:
(i) No service shall be rendered in the transportation of any packages or articles with a value in excess of EUR 50,000 (or the local currency equivalent). Packages containing jewelry (not including costume jewelry) having a value of more than EUR 500 (or the local currency equivalent) are not accepted for transportation.
(ii) No service shall be rendered in the transportation of packages containing any prohibited article such as coins, currency, postage stamps, negotiable instruments (except checks), money orders, unset precious stones, industrial diamonds), and dangerous goods. Refer to ABC1-LOGISTIC OÜ Service Guide for more information about dangerous goods. Under applicable law, certain oods may only be transported under prescribed conditions and certain goods are prohibited from transportation by air.
(iii) ABC1-LOGISTIC OÜ does not regularly provide service for packages containing live animals. ABC1-LOGISTIC OÜ will only accept live animal shipments on an exception basis. Transportation for packages containing live animals is limited, must be prearranged, and as with all other packages, will be provided only according to the terms and conditions contained in the ABC1-LOGISTIC OÜ
(iv) ABC1-LOGISTIC OÜ does not provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the shipper’s risk for any damage arising from the transportation.
(v) No service shall be rendered in the transportation of any shipment which is prohibited by applicable law or regulations in the origin or destination country, or which ABC1-LOGISTIC OÜ may determine, in its sole discretion, to be so prohibited. The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all packages set out adequate contact details for the shipper and receiver of the package and that they are so packed, marked and labeled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of thelaw.Shippments containing alcohol beverages must meet the requirements of the law depending on destination country (quantities, notification of the Customs etc) and sender/receiver has to ensure requirements of the law have been met. Shippments containing alcohol beverages will not be handed over to receivers under 20 years old. Tobacco and tobacco products are prohibited to transport using ABC1-LOGISTIC OÜ services.
Where applicable, if ABC1-LOGISTIC OÜ is unable to complete delivery of a shipment, a notice will be left at the consignee’s address stating that delivery has been attempted.
ABC1-LOGISTIC OÜ may deliver a shipment to the consignee or the consignee’s actual or apparent agent or representative, to the address or location specified in the ABC1-LOGISTIC OÜ shipping system, to any person present at the address or location specified in the ABC1-LOGISTIC OÜ shipping system, to a reasonable alternate address or location, in accordance with trade custom or usage, pursuant to ABC1-LOGISTIC OÜ’s driver release procedures. ABC1-LOGISTIC OÜ does not limit delivery of a package or shipment to a person specified as the consignee. ABC1-LOGISTIC OÜ may use an electronic device to obtain proof of delivery and the shipper agrees that it will not object to ABC1-LOGISTIC OÜ relying on a printed copy of this as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.
Special Handling of Undeliverable Packages
Shipments refused by the consignee, or which for any other reason cannot be delivered, will be held, and ABC1-LOGISTIC OÜ will attempt to contact the shipper for further instructions. The shipper will be responsible for payment of all charges, including, but not limited to, forwarding, disposal, or return transportation charges, as well as any duty and tax, if applicable.
Refusal and Suspension of Service
If it comes to the attention of ABC1-LOGISTIC OÜ that any package does not meet any of the above restrictions or conditions, ABC1-LOGISTIC OÜ may refuse to transport the relevant package (or any shipment of which it is a part of) and, if carriage is in progress, ABC1-LOGISTIC OÜ may suspend carriage and hold the package. ABC1-LOGISTIC OÜ also reserves the right to refuse to provide service, among other reasons, for any package which by reason of the dangerous or other character of its contents may, in the sole judgment of ABC1-LOGISTIC OÜ, soil, taint, or otherwise damage other packages or ABC1-LOGISTIC OÜ’s equipment, or which is improperly or insecurely packed or wrapped. In addition, ABC1-LOGISTIC OÜ reserves the right either to refuse to provide service for any package or to or from any location, or to provide alternative service arrangements, when, among other reasons, ABC1-LOGISTIC OÜ, in its sole discretion, deems that it is unsafe or economically or operationally impracticable to provide service.
ABC1-LOGISTIC OÜ may at its option suspend transportation of any package or shipment if goods are found not to be acceptable for transportation for any reason whatsoever.The shipper will be responsible for payment of all charges, calculated in accordance with the then current ABC1-LOGISTIC OÜ rates, caused by such suspension of transportation, including, but not limited to, forwarding, disposal, or return of transportation charges as well as any duty or tax, if applicable. The shipper will be responsible for the reasonable costs and expenses of ABC1-LOGISTIC OÜ (including storage), for such losses, taxes and customs duties as ABC1-LOGISTIC OÜ may suffer and for all claims made against ABC1-LOGISTIC OÜ because a package does not meet any of the restrictions or conditions in the Commodities Handled and Restrictions on Service clause above or because of any refusal or suspension of carriage or return of a package or shipment by ABC1-LOGISTIC OÜ pursuant to these terms. ABC1-LOGISTIC OÜ will not be liable or responsible for the loss of or damage to any package, the contents of which ABC1-LOGISTIC OÜ is not authorized to accept, which ABC1-LOGISTIC OÜ states it will not accept, or which ABC1-LOGISTIC OÜ has a right to refuse. If ABC1-LOGISTIC OÜ suspends service as set forth in these terms, the payer of any transportation charges shall not be entitled to a refund. Acceptance for carriage of any package or shipment that ABC1-LOGISTIC OÜ does not accept for transportation or which shippers are prohibited from shipping.
Right of Inspection
ABC1-LOGISTIC OÜ reserves the right, but is not required, to open and inspect any package tendered to it for transportation.
Provisions for Customs Clearance of International Packages
The shipper must provide required documentation for customs clearance. By providing required documentation, the shipper certifies that all statements and information relating to exportation and importation are true and correct. Furthermore, the shipper understands that civil and criminal penalties, including forfeiture and sale, may be imposed for making false or fraudulent statements. When a shipment is tendered to ABC1-LOGISTIC OÜ, ABC1-LOGISTIC OÜ is thereby appointed as the agent for performance of customs clearance, where applicable. ABC1-LOGISTIC OÜ is specified as the nominal consignee for the purpose of designating a customs broker to perform customs clearance.
Customs penalties, storage charges, or other expenses incurred as a result of an action by customs or failure by the shipper or consignee to provide proper documentation or to obtain a required license or permit will be charged to the consignee along with any applicable duty or tax. The shipper shall be liable in the event of non- payment by the consignee. Where applicable, ABC1-LOGISTIC OÜ provides brokerage service at no additional charge for routine customs clearance
Payment for Service
Unless paid before shipment, all charges must be paid within 7 days of receipt of invoice or within such other period as the shipper may have agreed in writing with ABC1-LOGISTIC OÜ. Unless proved otherwise, an invoice shall be considered for this purpose to have been received three business days following the date of invoice. Any payments made by ABC1-LOGISTIC OÜ, including but not limited to taxes, duties or other levies, on behalf of the shipper, receiver or some other party, shall be due and payable by the shipper on demand. Notwithstanding any billing or payment option selected at the time of shipment, the shipper is ultimately liable for and agrees to pay all charges, including where the receiver or third party fails to pay any charges which they are due to pay. Any sum payable to ABC1-LOGISTIC OÜ which is overdue will bear interest at the rate specified on the invoice from the due date to the date ABC1-LOGISTIC OÜ receives payment whether before or after judgment.
Interruption of Service
ABC1-LOGISTIC OÜ shall not be liable for, and the ABC1-LOGISTIC OÜ Logistics shall not apply to, any interruption of service due to causes beyond ABC1-LOGISTIC OÜ’s control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipment; acts of God; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; the application of security regulations imposed by the government or otherwise applicable to the delivery location; a government agency hold; riots; strikes or other labor disputes; civil unrest; disruptions of any kind in air or ground transportation networks; and natural disasters.
Responsibility For Loss or Damage
Where the Warsaw or CMR Conventions or any national laws implementing or adopting these conventions apply (for convenience referred to as Convention Rules) or where (and to the extent that) other mandatory national law applies, the liability of ABC1-LOGISTIC OÜ is governed by and will be limited according to the applicable rules.
Where Convention Rules or other mandatory national laws do not apply, ABC1-LOGISTIC OÜ will only be liable for failure to act with reasonable care and skill and its liability shall be exclusively governed by these terms and (save in the case of personal injury or death) limited to proven damages up to an amount not exceeding EUR 1000 per shipment unless a higher value has been declared by the shipper as hereafter provided. If the claimant (or any person from whom he derives his right to claim) has caused or contributed to any loss, damage or delay to a shipment or package, any liability ABC1-LOGISTIC OÜ may incur in respect thereof (limited as above) may be reduced or extinguished in accordance with the law applicable to such contributory negligence.
Shippers desiring cargo insurance or all risk insurance should purchase such insurance from third parties.
Save where applicable Convention Rules or other applicable mandatory national laws require otherwise, ABC1-LOGISTIC OÜ shall not be liable for special, incidental, or consequential damages, including purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue resulting from loss of use, arising from any loss of or damage or delay to a shipment or package, whether or not a value has been declared as set forth above.
ABC1-LOGISTIC OÜ shall not be liable for any damages arising from ABC1-LOGISTIC OÜ’s inability, failure or refusal to comply with a request to stop, return or re-route shipment of a package after tender to ABC1-LOGISTIC OÜ.
Time Limit For Claims
All claims against ABC1-LOGISTIC OÜ must be filed in writing with ABC1-LOGISTIC OÜ as soon as reasonably practicable and in any event within 14 days of delivery in the case of damage (including partial loss of a shipment) and in the case of delay within 21 days of delivery. In addition, ABC1-LOGISTIC OÜ shall have no liability in connection with any shipment unless legal proceedings are brought and written notice of them is given to it within six months after delivery of the goods concerned or, in the case of non-delivery, within six months from the scheduled date for delivery. This term shall not affect any rights the shipper may have under applicable Convention Rules or other applicable mandatory national laws.
The shipper agrees that ABC1-LOGISTIC OÜ and other companies in the ABC1-LOGISTIC OÜ group of companies worldwide, including companies in countries which may not have the same level of data protection as the country where the shipment is presented to ABC1-LOGISTIC OÜ for carriage, may use any data provided by the shipper to ABC1-LOGISTIC OÜ for management analysis and monitoring, the purchase and supply of customer materials, administration of customer accounts and the advertising of services and products provided by ABC1-LOGISTIC OÜ companies. The shipper may have certain rights under the law to have access to, rectify, and object to the use for direct marketing of, data held by ABC1-LOGISTIC OÜ about it.
These terms shall apply to the fullest extent permitted by applicable law. If any part of these terms is not enforceable, this will not affect the enforceability of any other part.
These terms and any contract concluded which incorporates these terms shall in all respects be governed by the laws of the country where the shipment is presented to ABC1-LOGISTIC OÜ for carriage.