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Terms and conditions - GBS Logistics OÜ

General agreement

1 §By placing an electronic order ("Order"), thereby purchasing services from GBS Logistics OÜ ("GBS"), registered with company ID 12192171 in Estonia, the customer agrees to the following terms and conditions ("Terms and Conditions") in order to empower GBS to be its agent in the collection and transportation of goods.

Consignment limitations

2 §A package or consignment sent with GBS can have a maximum weight of seventy (70) kg and must not exceed two-hundred and seventy (270) cm in length or a total of three-hundred and twenty (320) cm in length and girth combined. The minimum length is fourteen (14) cm and the minimum width is nine (9) cm.

Price and payment conditions

3 §The customer is responsible to pay all fees agreed to in accordance with the Terms and Conditions. GBS current prices are available in our price list that can be retrieved on demand. Prices to private customers are always listed including VAT and other taxes.
4 §All Orders must be pre-paid by the customer unless the parties have agreed otherwise. To be valid, payment for Orders must be available to GBS within five business days. Unpaid Orders may be cancelled at the discretion of GBS. In case of an error in the invoice for the Order, the customer must contact GBS within three (3) business days upon receiving the order confirmation.

Prohibited articles

5 §Prohibited articles include but are not limited to:
(a) Goods requiring cold or warm handling.
(b) Live animals
(c) Firearms
(d) Biological items
(e) Medical products
6 §There may be other prohibited articles in accordance with special limitations. The customer should, when in doubt, always contact GBS for advice or specific approval.

Responsibility

7 §GBS assumes responsibility for the consignment and bears the risk, upon the physical reception of the consignment, assuming that the Order has been paid. GBS responsibility ends when the consignment has been collected by the customer in accordance with the tracking information available from GBS or its shipping partner.
8 §If a consignment cannot be delivered to the receiver, it will be returned to GBS. The customer must then compensate GBS for all costs incurred, associated with returning the consignment to the sender.
9 §GBS reserves the right to cancel an order if
(a) payment is not received within the specified time frame in section 4.
(b) an extraordinary situations arises , making it impossible for GBS Logistics to deliver (Force Majeure).
(c) price or delivery date has been erroneously set due to technical or human error.
10 §GBS is only responsible for the services stated the Terms and Conditions. GBS may not be held responsible for any other costs or damages, direct or indirect, including but not limited to, market loss, trading loss and other indirect damages.
11 §International treaties, including the Warsaw Convention and the Montreal convention, may apply to consignments and limit liability for damage, loss or delay.

Customer responsibility

12 §The customer authorizes GBS to act as agent for export control and customs purposes if applicable. It is the responsibility of the customer to provide proper documentation, to ensure customs clearance when applicable.
13 §The customer agrees to confirm that the submitted declaration of contents is correct and that the consignment complies with IATA:s Dangerous Goods Regulations and that the consignment is properly marked, addressed and packed to ensure safe transportation with ordinary care in handling.
14 §The customer also agrees to:
(a) accept that consignments can be examined due to security reasons.
(b) certify that consignments do not contain any prohibited articles mentioned in section 5.
(c) in writing, confirm any changes in the order to the agent, e.g. GBS.
(d) package the goods properly for the content to withstand the standard delivery process.
15 §The customer is responsible for all permits and additional costs outside that which is stipulated in these Terms and Conditions.

Standard delivery time

16 §The standard delivery time is up to ten (10) working days from the time of consignment confirmation. The time of confirmation is whichever occurs later of the physical handover to GBS or the invoice payment confirmation. The average delivery time is typically considerably less than ten (10) working days. For inquiries, the customer shall contact GSB for an updated list of average actual delivery times to domestic and international destinations.

Delayed delivery

17 §In order to be eligible for the compensation listed below (sections 20-24) the customer shall to contact GBS in the case of a delayed consignment. A consignment is considered to be delayed after ten (10) working days if it is a domestic delivery and twenty (20) working days if it is an international delivery. GBS will investigate any delay and inform the customer of the status of the consignment as soon as possible.

Limitation of liability

18 §If the carriage involves an ultimate destination or stop in a country other than the country of origin and is transported using air freight, the Warsaw Convention and the Montreal Convention may be applicable and the Convention governs and in most cases limits the liability of the carrier in respect of loss, damage or delay to cargo.

Right to inspect

19 §GBS reserves the right to inspect and control the consignment to ensure that the contents correspond to the declaration submitted by the sender, but is under no obligation to do so. Furthermore, GBS Logistics reserves the right to control the declared weight and volume at any time.

Claims

20 §If a delayed consignment is not found within twenty (20) working days from the confirmation date for domestic deliveries or within sixty (60) working days for international deliveries, the customer can make a claim for the loss.
21 §All claims against GBS must be made in writing as soon as they are known to the customer. Regardless of the type of claim must be made at the latest;
- within ten (10) working days upon receiving the consignment in case of damage or partial loss of the consignment,
- within eighty (80) working days from the tracking code issue date in case of a total loss (non-delivery) of the consignment.

The customer is obliged to save any transport boxes associated to the consignment for any inspection that may be necessary in the case of damage or partial loss.
22 §GBS is not responsible for damages caused by the inherent properties of the goods, nor by damages due to insufficient packaging.
23 §GBS is not responsible towards any other party than the shipper/consignee stated on the pickup/delivery receipt or in the order confirmation message.
24 §The customer is always entitled to a full refund of the shipping charge if a claim is deemed valid by GBS.

Insurance

25 §If the customer has signed an insurance with GBS, GBS reserves the right to use or forward the claim of the customers to the insurer of GBS. GBS will settle the claim with the customer as soon as GBS has settled its claim with its insurer. There is no deductible for all claims against insurance. The parcels are thus 100 % insured against damage and loss.
26 §If GBS has settled an insurance claim, the right to the content of claim is transferred to GBS. If GBS has accepted a claim for damage, GBS reserves the right to choose to replace or pay for the repair of the products.

The passing of risk

27 §When the customer hires GBS for transportation, and the goods are to be collected on the customers behalf, GBS assumes responsibility for the goods only after the point of physical collection. GBS may not be held responsible for any action taken prior to the collection of goods and cannot be held responsible for packaging or any other matters handled prior to collection.

Transportation

28 §GBS reserves the right to carry the consignment by any mode of transportation, using any other carrier.

Force Majeure

29 §GBS is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, hostilities (regardless of whether war is declared), civil war, rebellion, insurrection, terrorist activities, nationalization or other impositions from authorities, blockage, embargo, labor dispute, strike, lockout of interruption or failure of electricity or telephone service.
30 §If GBS asserts Force Majeure as an excuse for failure to perform its obligation, GBS must prove that it took reasonable steps to minimize delay or damages caused by foreseeable events.
31 §If GBS, due to conditions or actions specified in section 29, is unable to fulfill its contractual obligations during a period of more than six (6) months, GBS shall, without compensation to the customer, no longer be bound by its contractual obligations. GBS shall inform the customer in writing.