Business Terms and Conditions

General Terms and Conditions – AZ Cargo, s.r.o.

I. Introductory Provisions, Definition of Forwarding Services

1. These Business Terms and Conditions form an integral part of the forwarding contract and govern, in a binding manner, the relationships between the forwarder and the principal (i.e., the sender or the recipient of the shipment) in connection with the arrangement of international or domestic shipment transport.
   The forwarding contract is concluded by the mutual agreement of the contracting parties regarding the wording of these Business Terms and Conditions, as specified below. Before entering into the forwarding contract, the principal confirms that they have fully acquainted themselves with the content and wording of these Business Terms and Conditions and accept them without reservation. The services of AZ Cargo, s.r.o. are provided in accordance with the current conditions applicable to the transport, handling, and storage of shipments, as well as the provisions of transport documents such as the Bill of Lading or the Air Waybill issued by maritime and air carriers, and the regulations of shipping companies, forwarders hired by the forwarder, or other contracted entities.
2. AZ Cargo, s.r.o. reserves the right, at its sole discretion, to partially or fully suspend the provision of services at any time, without prior notice and without any liability towards the principal, if it is determined that the services provided or the shipment in question violate applicable laws or regulations—particularly those of the European Union, the United States, or national laws, regulations, and measures relating to terrorism or embargoes.
   The company also reserves the right not to provide insurance coverage or any related services if such coverage is prohibited by law. In such cases, the right to insurance, coverage, or indemnification cannot be claimed. These restrictions arise from regulations issued by the UN Security Council, the European Economic Community, U.S. legal regulations, U.K. regulations, or Czech law.
3. The prices stated in price quotations are subject to confirmation under the General Terms and Conditions of AZ Cargo, s.r.o., and are valid under normal transport conditions. Prices may be adjusted based on current tariffs and exchange rate fluctuations. The company is registered in the Commercial Register maintained by the Municipal Court in Prague, File No. C 274813, Company ID 1074180.
4. For the purpose of arranging shipment transportation, the forwarding services include, in particular, the following activities:
   1. taking over the shipment for transport
   2. arranging transport of the shipment from the place of its pickup to the place of delivery
   3. arranging delivery of the shipment to the designated recipient
   4. attempting redelivery of a shipment that was undeliverable on the first attempt
   5. returning an undeliverable shipment to the principal
5. The specific arrangement of the transport of shipments is carried out from the place of dispatch to the place of destination under the conditions agreed upon in the forwarding contract.

II. Declared Properties of Transported Shipments

1. The principal shall declare if the transport of shipments containing the following items has been discussed in advance and approved under special conditions: gold, silver, works of art, precious items, precious metals, banknotes, coins, live animals and organisms, plants, perishable goods, dairy products, meat and meat products, spirits, tobacco products, military weapons, ammunition, explosives, rockets, bombs, grenades, and military transport equipment.
2. Hazardous goods, i.e., goods listed under ADR/RID/IATA-DGR or IMDG, must be duly declared by the principal to the forwarder in accordance with international conventions. If the principal fails to properly declare such goods, the forwarder is entitled to refuse the goods for transport.
3. The principal is also obliged to ensure that the shipment is properly packed in an undamaged container or packaging in such a way that, considering the nature of the shipment:
   1. the contents of the shipment are protected from damage or loss under normal handling conditions, unless otherwise agreed with the principal regarding special handling of the shipment.
   2. ensured safe and proper handling of the shipment during transport
   3. and that the packaging clearly displayed the recipient’s address and, if required by the nature of the shipment, any necessary handling instructions or labels for special handling agreed with the principal.

III. Delivery of Shipments

1. The forwarder shall arrange the delivery of the shipment to the place of destination within the usual delivery time, appropriate to the transport distance or as agreed with the principal. The usual delivery time is understood as the time within which the forwarder normally delivers shipments to the recipient, unless special or unforeseen circumstances arise during the forwarding process.
2. If the delivery time falls on a public holiday, weekend, or other non-working day, the delivery period is extended to the next working day, unless otherwise agreed in the contract.
3. The provisions of the previous two paragraphs do not apply in cases where the shipment is undeliverable on the first attempt. An undeliverable shipment is understood to be a shipment that cannot be delivered even with the exercise of reasonable care, including when:
   1. the recipient was not reachable or did not take delivery at the designated place
   2. the recipient refused to confirm receipt of the shipment in writing
   3. the recipient does not reside at the designated delivery address or has moved away
4. An undeliverable shipment shall be stored by the forwarder and, if repeated delivery cannot be arranged, returned to the principal at their cost, unless the failure to deliver was due to an error on the part of the forwarder or the carrier entrusted with transportation.

IV. Forwarder’s Liability for Damage to the Shipment

1. The forwarder is liable to the principal for damage occurring to the shipment only if the forwarder could not have prevented the damage by exercising the necessary due care, and provided that such damage was not caused by circumstances excluding liability.
   1. in the case of self-handling (§ 2474 of Act No. 89/2012 Coll., the Civil Code)
   2. as an operator of multimodal transport
   3. if the consignor does not provide the name of the carrier and at the same time agrees with the consignor on a flat-rate amount, including transport charges
   4. if the carrier issues its own transport document, a bill of lading, in which it appears as the carrier under an agreement with the consignor, the consignor undertakes to ensure the packing of the shipment
   5. No lost profit, indirect or consequential damage is compensated. Actual damage is understood as the damage to the consignor’s property that occurred as a result of a harmful event arising during the handling or transport of the shipment. The forwarder cannot invoke limited liability in the event that the damage was caused intentionally or by gross negligence.
   6. Claims for damage to a shipment must be lodged with the forwarder without undue delay after the damage is discovered, but no later than six months after the shipment is delivered to the consignee. Claims may be submitted only by the consignor.
2. The forwarder is relieved of liability for damage to the shipment if:
   1. the damage could not have been prevented even by exercising due care customary in the forwarding industry
   2. the damage arose as a result of the consignor’s failure to fulfil obligations set out in legal regulations, the forwarding contract, or these terms and conditions
   3. the damage was caused by a defect or natural characteristics of the contents of the shipment, or by defective packaging. The forwarder may warn the consignor of unsuitable or defective packaging, but if the consignor does not provide suitable packaging after being notified, the forwarder is not liable for the final suitability of the packaging and is not liable if the consignor fails to respond to the warning
   4. the damage was not claimed by the consignor within the period stated in Article V, paragraph 3 of the Terms and Conditions, or no proper documents required for the claims procedure were submitted, unless the forwarder was authorised by the consignor to conduct the procedure on behalf of the consignor and at their expense
   5. the damage occurred through handling, loading, storage or unloading by the consignor, consignee or persons acting on behalf of the consignor or the consignee
   6. the goods are of a nature that makes them prone to partial or total loss or damage, especially breakage, rust, internal spoilage, drying out, leakage, normal shrinkage or loss caused by insects or rodents
3. The forwarder’s liability in case of exceeding the agreed delivery time is limited to proving that the damage resulted from the delay. In the case of international road transport, compensation is limited to the amount of the carriage charge pursuant to the CMR Convention No. 11/1975 Coll.
4. The forwarder’s liability in the event of exceeding the agreed delivery time, where the consignor proves that the damage occurred for this reason, is— in the case of international air transport—limited to an amount not exceeding 19 SDR per kilogram under the Convention for the Unification of Certain Rules for International Carriage by Air No. 123/2003 Coll. (= the Montreal Convention).
5. The forwarder is not liable for damages arising from failure to meet anticipated delivery dates in maritime transport. Agreed delivery deadlines are excluded in maritime shipments.

V. Claims Procedure, Deadlines

1. The consignee is required to record a written report of any damage to the shipment immediately upon receipt of the shipment, if it is delivered in a condition that is clearly and visibly damaged. The consignee is also obliged to report missing parts of the shipment if the packaging or seals are broken. The forwarder must be given the opportunity to inspect and investigate the extent of the damage and any further handling of the damaged shipment must be carried out according to the forwarder’s instructions.
2. The forwarder is not responsible for the carrier, and any claims against carriers are filed by the consignor in their own name and at their own expense. When filing such claims against the carrier, the consignor is obliged to cooperate, particularly by providing documents related to the shipment, its value, etc., as evidence for filing claims against the carrier.
3. If damage to the shipment was not discovered in accordance with point 1, the time limits for written notification and filing of claims, as well as the maximum compensation amounts in the individual transport sectors according to international transport conventions, are as follows:

1. The deadlines under international conventions and domestic transport (see table above) begin on the day the goods are handed over and do not include Sundays and state-recognized public holidays.
2. The consignor must always file a written claim for compensation for damage arising from the transport arranged by the forwarder within the deadlines listed above from the moment the shipment is handed over to the consignee.
3. When filing claims for compensation against the forwarder, the consignor is required to clearly demonstrate, without any doubt, the extent of the damage by providing credible written evidence.

VI. Insurance of Shipments

1. The forwarder declares that, in accordance with the applicable regulations of the Czech Republic, they hold all necessary permits and valid insurance covering liability for damage arising in connection with the performance of their activities in the position of a forwarder or carrier (under the CMR Convention) and any additional permits required for operating within this activity. The forwarder is obliged to present documents proving these facts to the consignor for inspection upon request.
2. Beyond the statutory liability of the carrier, the forwarder is obliged to arrange shipment insurance during transport (so-called Cargo Insurance) based on the consignor’s written instructions. The consignor’s instructions must specify the insured value of the goods, the insured risks, and the period during which the goods are to be insured. A mere instruction regarding the price of the goods and delivery terms is not considered sufficient instruction to arrange insurance.
3. The rates for Cargo Insurance for individual types of transport depend on the type of goods and specific territories.
4. Cargo Insurance does not cover, in particular:
   defective or insufficient packaging of goods,
   damage to the packaging,
   loss of goods due to theft,
   damage caused by internal spoilage due to natural characteristics or defects of the goods,
   damage caused by construction, manufacturing, or material defects,
   damage caused by scratching or denting,
   damage resulting from delayed delivery (time-related damage),
   damage caused by air humidity and/or temperature fluctuations,
   damage caused by customs intervention or other administrative authorities,
   war and political risks,
   or indirect damages of any kind.

VII. Final Provisions

1. Relations between the consignor and the forwarder not regulated by these Terms and Conditions or by the provisions of the forwarding contract are governed by the relevant provisions of international and Czech legal regulations.
2. Terms and Conditions
3. In the event of a dispute, both contractual parties shall attempt to resolve the matter amicably. If such negotiations do not lead to an agreement, the dispute shall be referred to the locally competent court, or, upon mutual agreement, to the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic.

Date: 1.
5. 2014

Last updated: 14. 7. 2014