Terms and Conditions

1) What the circumstances may be, the present terms and conditions, which govern all our deliveries, are deemed to have been agreed upon at our company’s registered office. They furthermore always replace the client’s terms and conditions to which the latter may refer when ordering or at any later date.

2) Our quotations are based on the values of the current wages and materials, which implies that we can always make proportional adjustments to our prices – which are always quoted exclusive of VAT – if these wages and materials are subject to any change in the future. Customs and excise duties, consular and authentication costs, extra costs for the handling of heavy objects or costs resulting from days of demurrage, night work, work on Sundays or public holidays, storage charges for shipments that cannot be sent with the foreseen transport, security costs, costs for canvases, demurrage, expedition risk insurance and extra goods insurance are always charged separately.

3) If the client cancels his order, he shall be liable to pay an amount equalling seventy-five (75) per cent of the value of the total order in return for the possibility to free himself completely and definitively of his engagement.

4) Our engagements are in principle never obligations to guarantee a certain result, but at best obligations to perform to the best of our ability.

5) FOB operations are always carried out in accordance with local customs. The client is obliged to guarantee a sufficient number of lay days to carry out operations of transhipment or delivery; if he fails to do so, any additional costs shall be borne by the client.

6) Terms of execution and delivery are always indicated in working days and they are merely indicative. In case of delay, this can never constitute a ground for cancellation of the agreement at our expense or for claiming compensation. Any data provided by our company regarding shipment, import, export and transit regulations are merely given by way of information, without any engagement or responsibility from our part. Neither are we responsible for incorrect information regarding freights, duties, taxes, costs and tariffs, which we receive from third parties, or in the event of incorrect duties / freights.

7) Without being obliged to do so, we always have the possibility to send any goods entrusted to us as joint cargo.

8) The goods are transported at the risk of the client. Barring other instructions, extra goods insurance or insurance against theft is never taken out. We never assume any responsibility whatsoever for loading, unloading and stowing goods.

9) Under no circumstance are we obliged to verify the correctness of the instructions or the correctness of the information contained in the instructions we receive from the client regarding weight and content of the goods. We always accept these instructions and this information as being correct and we only use them to draw up the necessary documents and to calculate our price. A receipt issued by our company never guarantees the nature, content, value, weight and/or packaging of the goods. A verification of the goods is performed only for customs purposes and only to the extent required by the customs authorities. It never implies any acknowledgement or responsibility on our part regarding the weight, value, nature or condition of the goods and packaging or regarding the content of the packages.
10) If we do not receive any orders to take out insurance, we have the right to assume that all risks attached to the insurance, transport and storage of the goods have been insured by the parties concerned. If no insurance orders are given to us, the client undertakes to see to it that is stipulated in the insurance terms that the insureres will not excercise the right of recourse against our company. We can never be held liable for the poor outcome of any collection orders, which always imply the existence of a prior and explicit order in writing, accepted by our company.

11) Only the client is responsible for the observance of all statutory regulations concerning the goods to be transported. Therefore he shall be obliged at all times to safeguard us against any harmful consequences which we might suffer in case of non-observance of the above-mentioned statutory regulations as well as against any penalties, additional claims, additional payments and securities based on economic and customs regulations.

12) If we are unable to duly execute our assignment as a result of war, revolt, strike, lockout, or any other case of force majeure, we reserve the right to terminate it immediately without being liable to pay any compensation.

13) We shall regard the agreement as dissolved without prior notice of default in the event of a composition, bankruptcy, manifest inability to pay or in case of any change in the legal situation of the client. In said cases we are not liable to pay any compensation. The third article of the present terms and conditions shall also be automatically apply.

14) The client is obliged to thoroughly check every document upon receipt and to inform us within a period of twenty-four (24) hours of any abnormalities and/or for damage to goods that are transported without transfer or transshipment, even if toll formalities or verifications were accomplished by our company.

16) We have the right to fetch back any goods that are refused by the addressee or that cannot be delivered for any reason whatsoever. Upon their return, we shall store these goods in a warehouse at the expense and risk of the client. Goods can be stored in a warehouse either according to the client’s explicit instructions or in anticipation of such instructions, or as a result of an interruption of the transport, without our company being liable in the last two cases to take measures for storing or guardian the goods. Whatever the circumstances may be, the client and/or the owner of the goods shall always be responsible for storing the goods and he shall also be liable for any damage which these goods may cause to any other goods stored in the same room. The warehouse dues are calculated per started day and they shall be payable in full for each day that has already started.

17) On no account shall we be liable to pay compensation for financial and commercial losses, a rise of overheads, a disruption of the planning, the loss of anticipated profits and/or the loss of potential customers.

18) Complaints must be addressed to us writing, within a period of seven (7) calendar days, and in any case prior to any use, processing and/or resale of the goods. The client is obliged to inform us of any minor hidden defects as well as of any hidden defects within a period of seven (7) calendar days counting from the time at which they could have been discovered. On expiry of said term we shall no longer be bound to give indemnity.

19) Invoices can be protested only in writing, in a letter stating the reasons for this protest. This letter must reach us within a period of eight (8) calendar days counting from the date of invoice. The listing of an invoice in our sales invoice register shall always count as irrefutable

evidence of said invoices mailing at the stated date as well as of its receipt.
20) Our invoices are cash payable at out registered office if not otherwise agreed. In the absence of prompt settlement, a late payment interest of 1% per month that has already started until the amount (with a minimum of EUR 50.00) shall be due by operation of law. It is irrelevant whether the damage actually suffered by our company is higher or lower than the compensation stipulated by contract. Costs resulting from unpaid bills of exchange or cheques or any other collection charges are not included in this increase.

21) Any overdue settlement of invoices shall entitle us to immediatley terminate any further assignment, either in whole or in part, and to consider the agreement as dissolved by operation of law with the right to claim compensation as stipulated in article three of the present terms and conditions. Late settlement of invoices shall always result in the immediate exigibility by operation of law of all other invoices, even the ones that are not yet overdue.

22) All goods, documents or sums of money actually or fictitiously received by our company after the day of the first assignment shall serve as security for payment of our debt vis-a-vis the client or the owner of the goods.

23) Setting off debts against compensations that might be claimed from our company and against our invoices is absolutely excluded.

24) Only the Court in Bucharest  is competent to take cognisance of disputed, depending on the value which the dispute is about, such in addition to the courts indicated in article 31 of the CMR Convention of 19 May 1956, namely the courts in the country where the defendant has his place of residence, his registered office, a branch establishment or a branch office through the agency of which the transport agreement was concluded, as well as the country of delivery of the goods or of the place where the goods are meant to be delivered

All our transports are carried out under CMR conditions.
Please contact us if something is not in conformity with the arrangements so that we can take appropriate action.