GENERAL TERMS AND CONDITIONS OF BUSINESS OF
EUROPEAN CARGO LOGISTICS GMBH (“ECL”)
As a service provider agent
FOR PARCEL DELIVERY TO ARMENIA
Table of Contents
1. Legal Relationship between the User/Sender and ECL and/or the Service Provider 1
2. Scope and Basis of the Contract 1
3. Conclusion of the Contract 2
4. Services of TRANSIMPEX 4
5. Liability 5
6. Statute of Limitations 5
7. Other Provisions 5
1. Legal Relationship between the User/Sender and ECL and/or the Service Provider
ECL is an intermediary in the provision of transport services offered on SmartExpress portal. These transport services can only be booked via the Internet (online) and can only be paid for via the online platform. ECL's obligations are limited to the intermediary services. The proper performance of the brokered (main) service as such does not form part of ECL's contractual obligations.
The contract partner is the company
TRANSIMPEX LLC, registered at: Komitas 54/81, 0051 Yerevan, Armenia under the registration number 264.110.04437 with a business address at: Mashtots 40, 0002, Yerevan, Armenia, we represent the company in the person of its Director Mr. Arman Ghazaryan.
The following conditions of carriage govern the legal relationship between the users/sender and TRANSIMPEX. The contract shall come into effect upon acceptance of the goods by TRANSIMPEX or its agents and subcontractors. The obligation to pay exists upon completion of the online booking process. If, after completion of the online booking process, the sender decides not to send the parcel registered for transportation, the obligation to pay remains unaffected due to the resources provided.
2. Scope and Basis of the Contract
(1) These General Terms and Conditions apply to contracts between the user and TRANSIMPEX for the cross-border transport of parcels. They include specially agreed additional and ancillary services, hereinafter referred to as the Services.
(2) Unless, in the following order of precedence, otherwise stipulated by mandatory statutory provisions, individual agreements and these General Terms and Conditions, the Universal Postal Convention and its supplementary agreements (Additional Provisions for the Postal Parcels Delivery, etc.), hereinafter referred to as the Universal Postal Convention, as amended from time to time, as well as the provisions of Armenian law on the contract of carriage shall apply.
3. Conclusion of the Contract
(1) Contracts of carriage for standard consignments shall be concluded by the delivery of parcels by or for the consignor and their acceptance by TRANSIMPEX or companies authorized by TRANSIMPEX (delivery or collection) in accordance with these General Terms and Conditions. Before concluding the contract of carriage, the sender is obliged to declare whether the consignment contains the excluded goods specified in paragraph 2 ("prohibited goods"). Conflicting General Terms and Conditions are hereby expressly rejected.
(2) The following shall be excluded from carriage (prohibited goods):
1. parcels with contents, external design, transport or storage violating a legal or official prohibition, in particular export, import or customs regulations of the country of departure, transit or destination; these also include parcels or goods the transport of which is not permitted under the Universal Postal Convention;
2. parcels requiring special facilities (e.g. for temperature-controlled goods), safety precautions or permits;
3. parcels the contents or external characteristics of which may result in injuries, infecting people or damage to property during normal transport;
4. parcels containing live animals, animal carcasses, body parts or mortal human remains;
5. parcels containing narcotic or intoxicating substances;
6. parcels the carriage and/or storage of which is subject to dangerous goods regulations; all goods permitted under the applicable rules for the carriage of dangerous goods of IATA (International Air Transport Association) and ICAO (International Civil Aviation Organization) are also excluded;
7. parcels with an actual value of more than 999,-- euro, unless TRANSIMPEX expressly agrees to the transport thereof. The limitations of liability according to section 6 of these General Terms and Conditions shall remain unaffected by this value limit;
8. parcels containing money, precious metals, cheque cards, credit cards, valid stamps or other means of payment or securities;
9. parcels addressed to natural or legal persons on sanction lists or which are to be transported to countries for which restrictions exist in foreign trade (embargo measures);
10. parcels the contents of which violate intellectual property laws, including counterfeit or unlicensed copies of products (trademark piracy);
11. parcels containing weapons, in particular firearms, or parts thereof, imitations of weapons or ammunition.
12. parcels heavier than 20 kg and parcels the total external dimensions (length, height, width) of which exceed 140 cm. The customs law sets the limit up to 200,- EUR and 20 kg per day per sender/receiver.
If shipped with DPD, the maximum weight must not exceed 15 kg. If the weight exceeds 15 kg, additional payment is possible.
(3) Whereas, therefore, the following goods and goods in particular, but not exclusively, are excluded from carriage:
(4) TRANSIMPEX shall not be obliged to check parcels for the transport exclusions in accordance with paragraph 2; it shall, however, be entitled to open and check parcels if it suspects such exclusions.
(5) If TRANSIMPEX determines that the sender has made incorrect statements regarding weight, package dimensions or package contents, TRANSIMPEX shall be entitled to charge the sender with a contractual penalty till EUR 1,500 and, if applicable, to make delivery dependent on payment of this contractual penalty. The right to apply the transport price to the actual weights and dimensions remains unaffected.
6) The shipper/user must adequately mark the parcels and pack them for transport, whereby the outer packaging must not allow any conclusions to be drawn about the value of the goods. As far as possible and necessary, it shall provide complete and truthful information on its parcel, which will also enable its unambiguous identification in the event of damage. In particular, the sender shall provide a complete domestic address (in Germany) of its person on the parcel, even in the case of return transport after the impossibility of delivery. The sender shall pack the parcel in such a way that it is protected against loss and damage and that TRANSIMPEX and third parties do not suffer any damage. Further details are specified by the relevant statutory provisions.
(7) Upon acceptance and delivery, TRANSIMPEX shall not be obliged to inspect the packaging or to remedy any defects in the packaging. If the parcel is delivered to the recipient externally undamaged, there is an actual presumption that any damage to the contents of the parcel has been caused by defective packaging and is therefore the responsibility of the sender. If the packaging shows external damage upon delivery, the recipient must request a commercial report from TRANSIMPEX in order to determine the damage. If it fails to make such a request to determine the damage, claims against TRANSIMPEX shall be excluded.
(8) The sender must comply with the export and import regulations as well as the customs regulations of the country of departure, transit and destination. The consignor must complete the required accompanying documents completely and truthfully online. The sender bears the sole responsibility and the risk for all consequences resulting from an inadmissible shipment of goods abroad - also according to provisions other than these General Terms and Conditions - and violations of such provisions.
If during customs clearance or during the preparation thereof the customs representative appointed by TRANSIMPEX determines that not all the necessary documents are available, the party entitled to dispose of the parcel (sender/consignee) must provide these documents at its own expense. If customs fines, penalties or taxes arise as a result of incorrect information about the goods and their value, the sender is obliged to reimburse them to TRANSYMPEX immediately upon request. If necessary documents are not provided by the party entitled to dispose of the parcel or are not provided in due time in accordance with the requirements of customs, TRANSIMPEX shall be entitled to return the parcel to the sender against payment of all costs. These costs shall include the costs of the customs representative and the administrative costs of TRANSIMPEX, which may be determined at equitable discretion. TRANSIMPEX shall be entitled to demand advance payments for costs and expenses incurred. If these are not provided, TRANSIMPEX shall be entitled to refuse to provide further services and to destroy the parcel after the expiry of the relevant period.
4. Services of TRANSIMPEX
(1) TRANSIMPEX transports the parcels to Armenia. Estimated delivery time to Yerevan is 15 working days and to other regions of Armenia about 20 working days. The transportation time is not guaranteed and is dependent on open routes, so the observance of a certain delivery time is not mandatory. TRANSIMPEX, taking into account the interests of the sender, is free to choose the type, route and means of transport and to have all services provided by third party transport companies.
(2) TRANSIMPEX certifies the receipt (delivery) of parcels to the sender.
(3) In case of problems with delivery, such as incorrect address of the recipient, TRANSIMPEX shall inform the sender thereof. For this purpose, the sender must provide sufficient and correct contact information within 3 calendar days. If, after notification about the unsuccessful delivery attempt, there is no redirection of the sender or correction of the recipient's address, TRANSIMPEX shall return the consignment at the sender's expense. The sender shall bear the corresponding costs of the delivery redirection, re-delivery to the corrected address and return transport including the handing fee incurred by TRANSIMPEX.
(4) TRANSIMPEX may open and destroy parcels containing goods that may be spoiled without prior notice to the sender or the recipient.
(1) TRANSIMPEX shall be liable for the loss, robbery and damage of parcels in accordance with the terms and conditions as well as for the culpable improper fulfillment of other contractual obligations only to the extent of the direct damage typical of the contract and up to certain maximum amounts in accordance with paragraph 3.
(2) TRANSIMPEX shall be released from liability in accordance with paragraph 1 insofar as the damage is based on circumstances which it could not avoid even with the greatest care and the consequences of which it could not have averted (e.g. strike, force majeure, seizure). The same shall apply to damages which are attributable to culpable or negligent conduct on the part of the sender, the nature of the contents or any other statutory exclusion of liability, in particular that specified in the Universal Postal Convention. TRANSIMPEX shall not be liable for excluded parcels pursuant to Section 2, Para. 2 (prohibited goods).
(3) TRANSIMPEX's liability shall be limited to the damage, but may not exceed 200 euro, unless TRANSIMPEX's liability is lower or higher due to mandatory or other statutory provisions in accordance with the provisions of the Universal Postal Convention.
(4) Claims pursuant to paragraphs 1 and 3 for loss shall be excluded if the sender has not submitted an application for search within two months from the date of dispatch of the parcel and has not submitted a claim.
(5) If the parcel is undamaged upon delivery, it is assumed that any damaged contents had already been damaged during the transfer for transport or that defective packaging is the cause of the damage. The burden of proof to the contrary shall lie with the claimant.
(6) The liability of the sender, in particular under the provisions of the Universal Postal Convention, shall remain unaffected. The sender shall be liable in particular for any damage caused to TRANSIMPEX or third parties as a result of sending excluded goods pursuant to Clause 3 or the breach of its obligations pursuant to Clause 3 (5). Therefore, the sender shall indemnify TRANSIMPEX against any claims of third parties to the extent that this does not conflict with any mandatory limitations of liability established by law.
6. Statute of Limitations
All claims within the scope of these General terms and Conditions shall expire after one year. The statute of limitations begins at the end of the day on which the parcels were delivered or should have been delivered. The preclusive period pursuant to Clause 5 (4) of these General Terms and Conditions shall remain in force.
7. Other Provisions
(1) The sender may neither assign nor pledge claims against TRANSIMPEX, with the exception of monetary claims.
(2) The sender may offset TRANSIMPEX claims against legally established or undisputed claims.
(3) TRANSIMPEX and ECL shall be entitled to collect, store and process the data provided by the sender or recipient in connection with the services performed by them and/or the data required for this purpose. Furthermore, they shall be entitled to disclose data to courts and authorities within the limits established by law. TRANSIOMPEX and ECL shall maintain postal secrecy and data protection in accordance with the legal provisions applicable to them.
(4) The exclusive jurisdiction for legal disputes with merchants, legal entities under public law or special property under public law arising from contracts subject to these General Terms and Condition is Yerevan. Armenian law applies.
(5) General duty to provide information under § 36 of the Act on Alternative Dispute Resolution in Consumer Matters: TRANSIMPEX does not participate in any dispute settlement proceedings within the meaning of the Act on Alternative Dispute Resolution in Consumer Matters.
(6) If these General Terms and Conditions are translated into other languages, the German version shall prevail in the event of any contradictions.