Extract from the general terms and conditions of sale — ExpressDelivery s.r.o.
This document defines the conditions under which services are provided by the Transport Organizer (hereinafter ExpressDelivery) in any capacity (agent, freight forwarder, customs agent, charterer, warehouseman, etc.) for goods of all kinds, from all origins, to all destinations.
« SHIPMENT » : a set of goods, packaged (pallets, containers, etc.) or not, placed at the disposal of ExpressDelivery and covered under a single document for a single shipment.
« PACKAGE » : an object or material set composed of several objects, regardless of weight, dimensions and volume, constituting a unit load entrusted to ExpressDelivery (carton, crate, container, bale, roll, strapped or wrapped pallet by the shipper, etc.) packaged by the sender prior to collection, even if the contents are detailed in the handover document (unless a special declaration is made).
Prices are calculated based on information provided by the client, taking into account in particular the services to be performed, the nature, weight, volume of the goods to be transported, the distance and the equipment used.
Prices do not include duties, taxes, tolls, fees and levies due under any applicable regulations, particularly fiscal or customs regulations (such as import duties, stamps, etc.).
No insurance is taken out by ExpressDelivery without a written and repeated instruction from the client for each shipment, specifying the risks to be covered (ordinary and special) and the values to be guaranteed. In the absence of precise specifications, only ordinary risks will be insured.
The intermediaries and means implemented, chosen by ExpressDelivery, are deemed to have been approved by the client. The client must provide timely and precise instructions to ExpressDelivery for the execution of transport services and ancillary services.
ExpressDelivery is not required to verify documents (commercial invoice, packing list, etc.) provided by the client. All restrictive delivery instructions (cash on delivery, etc.) must be given in writing for each shipment and expressly accepted by ExpressDelivery.
Goods must be packaged, wrapped, marked and labelled in such a way that they can withstand the operations entrusted and be delivered to the recipient in accordance with the instructions given.
ExpressDelivery cannot be held liable for any consequences resulting from absence, insufficiency or defectiveness of packaging, wrapping, marking and/or labelling, or from insufficient information about the nature and characteristics of the goods.
Clients must provide collection and delivery contact details along with their current mobile phone number — failing this, ExpressDelivery accepts no liability for issues arising from this lack of documentation.
No compensation for delivery delay is due if no mandatory date was expressly requested by the client and accepted by ExpressDelivery. In such case, compensation may only be awarded if a formal notice to deliver was sent to ExpressDelivery by the client by registered letter with acknowledgement of receipt.
For damage to goods resulting from loss or damage, and for all resulting consequences, ExpressDelivery's liability is defined according to the CMR insurance conditions of our partners, for shipments under 3.5 tonnes.
In each case, the actual compensation amount shall be the lower result of the two applicable formulas. Any quotation or price offer established takes into account the liability limitations stated above and is valid for a period of 30 days after submission.
All disputes arising from delivery must be stated on the transport document. These reservations must be substantive, justified, made in writing and confirmed by registered letter within three working days, failing which they shall be time-barred.
When the value of goods exceeds the liability limits, the client may request AD VALOREM insurance covering the actual declared value of the goods.AD VALOREM This insurance must be specifically subscribed at the time of concluding the transport contract, formulated in writing and giving rise to the payment of an additional premium.
In case of delay, compensation equals the transport price. All claims are time-barred one year from the date of delivery or the date on which delivery should have taken place.
Services are payable in cash upon receipt of invoice, without discount, at the place of issue.
When payment terms are exceptionally granted, any partial payment shall first be applied to the unsecured portion of the debt. Non-payment of a single instalment shall automatically result in acceleration of the full balance becoming immediately due.
Late payment penalties apply for payments made after the invoice due date, at a rate equal to one and a half times the legal interest rate.
Unless otherwise stipulated, the payment deadline is set at thirty days following the date of receipt of goods or completion of the service.
ExpressDelivery reserves the right to invoke Article L. 132-8 of the Commercial Code guaranteeing payment of the transport price, and the right of retention (Zadržné právo) granting the carrier a lien over the transported goods to facilitate the recovery of all claims.