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Terms and conditions

Terms and conditions

GENERAL CONDITIONS OF EXPEDITION AND TRANSPORT

Chapter I - Generalities and Definitions

Through its activities, TRANSGOR LOGISTIK plays a dual role, functioning concurrently as both a freight forwarder and a carrier.
Internationally, Transgor Logistik is a member of FIATA - International Federation of Freight Forwarders Associations, and domestically, it is part of USER - Union of Romanian Freight Forwarding Companies.
By freight forwarder, within the meaning of these general terms, it is understood as any entrepreneur who, on behalf and at the order of a principal (client), arranges for the transportation of goods, without being the actual carrier. In addition to the actual transportation, the organization of transport includes related activities such as warehousing, customs obligations (declarations, etc.), insurance and monitoring of goods, and the execution of instructions regarding the collection of sums due to the principal (client).
The client is any legal entity and/or individual who owns and/or has the right of disposal over a quantity of goods and requests their transportation, including related operations. The client pays for or guarantees payment of the transportation price and related operations.
Transport organization is based on and under the conditions of a freight forwarding contract concluded between the client and the freight forwarder.
An order from the client addressed to the freight forwarder, followed by its acceptance, is considered a concluded contract. The order and its acceptance can be transmitted electronically, by fax, or by mail. The order must contain necessary elements enabling the identification, organization, and execution of transport, as well as related operations by the freight forwarder.
The freight forwarder is not obligated to verify the accuracy of documents provided by the client (commercial invoices, specifications, etc.), as the client is responsible for their preparation and accuracy. The client must provide precise written instructions to the freight forwarder if special delivery conditions are requested. These instructions are subject to acceptance by the freight forwarder. However, they are considered accepted if, after receiving them, the freight forwarder proceeds with execution.
In all cases where the freight forwarder is a member of USER, the provisions of the freight forwarding contract or the order are considered supplemented by the provisions of these general terms, which are an integral part of the contract or order, even if there is no explicit mention to this effect. The parties are free to expressly agree in the contracts concluded other clauses than those provided in these general terms, which they can replace, modify, or exclude, as the case may be. Parties that are not members of USER can agree by express mention to apply these general terms in contracts concluded with clients.

Chapter II - Freight Forwarder's Obligations

The freight forwarder shall exercise due diligence in organizing the transportation and performing related operations according to the client's instructions as agreed, and shall protect the client's interests throughout the execution.
The freight forwarder must be organized and equipped with the necessary means to fulfill its mission. If not otherwise agreed, the freight forwarder has the right to freely select subcontractors, as well as modes of transport and means used. The burden of proof regarding special instructions given to the freight forwarder rests with the client. Intermediaries or subcontractors used by the freight forwarder to fulfill its obligations are considered accepted by the client.
In cases where the freight forwarder, acting as a commission agent, concludes transport contracts with carriers in its own name but on behalf of clients, the freight forwarder's liability towards clients for damages incurred during transport execution, for which the carrier is liable, shall not exceed the liability of the carrier. Transport contracts concluded by freight forwarders with carriers are subject to the provisions of the CMR Convention concerning the international carriage of goods by road, signed in Geneva, Switzerland, on 19 May 1956, to which Romania acceded by Decree No. 451/November 1972, published in the Official Gazette, Part I, on 6 December 1972, and by Emergency Government Ordinance No. 27/2011, regarding road transport, as amended by subsequent regulations.

Chapter III - Client's Obligations

The goods must be delivered packed, marked, labeled in a manner that withstands transport and related operations and can be delivered to the consignee according to the contract and customs.
The freight forwarder is not liable for damages resulting from the absence, insufficiency, or defectiveness of packaging, marking, and/or labeling of the goods, as well as from the lack of appropriate information regarding the nature or specific characteristics of the goods.
In case of loss, damage, or any other harm to the goods discovered at the destination, including those caused by delays in transport, the consignee or those receiving the goods are obligated to document the damages and fulfill necessary formalities, including making legal reservations against the carrier, and take measures to preserve the right to claims and actions for damage recovery.
The client bears the consequences, regardless of their nature, resulting from the transmission of incorrect, incomplete, or inapplicable documents or their delayed provision.
If the freight forwarder engages in customs operations on behalf of the client, the client guarantees the customs broker the payment of customs duties and fines due to incorrect instructions or documents provided.
In case of refusal of the goods by the consignee or in case of their absence, regardless of the reason, the client is obliged to bear the initial and additional expenses incurred or committed by the freight forwarder.

Chapter IV - Freight Forwarder's Liability

The freight forwarder, regardless of its quality as an intermediary, is liable only for damages caused by its own faults, which can be attributed to both itself and its subordinates.
The freight forwarder is not liable for acts of third parties, such as its subordinates (carriers, intermediaries, etc.), except in cases where an error in their selection can be attributed to it. In the latter case, the liability of the freight forwarder cannot exceed the limits of the third parties' liability.
If the liability of the freight forwarder is engaged due to damage or loss of goods resulting from its own fault, the amount of compensation owed is determined in relation to the normal value of the goods at the time of receipt.
However, in cases where the liability of the freight forwarder is engaged under the previous paragraph, it is strictly limited as follows: a) for damages caused to goods, including loss or damage, and for all consequences that may arise therefrom, the liability of the freight forwarder cannot exceed the liability provided for the carrier under the CMR Convention concerning the international carriage of goods by road, specifically 8.33 SDR (approximately 10 Euro) per kg of goods; b) for all other damages, including those resulting from delayed delivery, if applicable, its liability is limited to the price of the goods transport.
The freight forwarder is not liable for indirect damages, regardless of the cause that generated them.
If a specific delivery deadline was not expressly requested by the client and accepted by the freight forwarder, it does not guarantee a specific arrival date at the destination and does not owe any compensation for transport delays. Even in the case of an expressly agreed deadline, the client may claim damages only after notifying the freight forwarder for this purpose.
If the value of the goods exceeds the limits of the freight forwarder's liability, the client is free to choose one of the following measures: a) to bear, in case of damages, the risk resulting from the difference between the liability of the freight forwarder and the value of the goods; b) to make, at the conclusion of the contract, a declaration of the value of the goods which, if accepted by the freight forwarder, will raise its liability limit to the declared value; in such situations, the corresponding price differences shall be due; c) to instruct the freight forwarder to conclude, on its (the client's) behalf, an insurance covering the total or partial risk, indicating the risk and the insured value. These instructions must be given for each shipment separately.

Chapter V - Execution Modalities of the Contract

For each shipment to be organized by the freight forwarder, the initial client shall submit a written request to the freight forwarder in order to obtain a transport solution. Within this request, the client shall specify all specific information necessary for the freight forwarder so that both parties can accurately establish all operational and financial parameters related to the respective transport to be organized.

Once this initial stage is completed, the client shall then send a firm shipping order to the freight forwarder, named as such or bearing any other designation, clearly indicating the freight forwarder's undisputed task to execute on its behalf the shipment of goods to a specific destination, the type of shipment (import or export), the form of packaging of the goods (parcels, pallets, etc.), their dimensions, quantity and type of goods transported, type of transport (full truck or groupage), the countries between which the shipment takes place (if applicable), the loading place, contact person at loading, loading date, customs at loading place and agreed customs broker (if applicable), unloading place, unloading date, contact person at unloading, customs at unloading place and agreed customs broker (if applicable), special conditions for ensuring the integrity of goods during transport (straps, bars, etc.), the beneficiary of the shipment, the agreed price that the client will pay to the freight forwarder for organizing the respective shipment, the name and position of the person issuing the shipping order on behalf of the client, as well as any other aspects that the client deems necessary for the proper organization and execution of the shipment.

If any elements are missing from the firm shipping order, resulting in damages and/or losses to any involved party, including third-party contractors of the client, these damages/losses cannot be attributed to the freight forwarder, which consequently will not be liable for any compensation.

In conclusion, the client's shipping order must contain the necessary elements to enable the freight forwarder to organize and execute the respective transport, as well as related operations.

Upon receiving the firm shipping order from the client, the freight forwarder will confirm in writing to the client that it will execute the respective shipment under the specified and agreed conditions, and will immediately proceed to execute it based on the contractual terms established.

For the prompt execution of shipments, the parties agree that the shipping request and the shipment execution confirmations will be transmitted in writing either via email to the address provided by the freight forwarder or by fax.

The client's order addressed to the freight forwarder, followed by its acceptance, shall be considered as the concluded contract.

After the completion of the shipment, the freight forwarder will send the transport invoice and corresponding transport documentation to the client via email.

Orders for shipments issued by the client shall be subject to the provisions of this document.

Chapter VI - Special Transports

In the case of special transports (refrigerated, dangerous goods), the freight forwarder shall provide the client with necessary information for executing the transport, transport options, pricing, insurance, etc., based on which the client can knowingly agree to the freight forwarding contract.

Chapter VII - Complaints

Complaints against the freight forwarder must be filed within 6 (six) months.

The 6 (six) month period starts from the day of delivery of the goods to the destination or, if delivery did not occur, from the day of conclusion of the freight forwarding contract.

Chapter VIII - Payment Conditions

The issuance of the invoice by the freight forwarder, following the services rendered, shall be made for the amount agreed upon by the parties in the forwarding contract/shipping order.

If, in addition to the agreed amount, the freight forwarder incurs additional expenses (payment of customs formalities, road taxes, fines for overweight, fines for non-conformity of goods, etc.), strictly necessary for fulfilling its obligation to ensure the goods reach the destination in good condition and in compliance with current legislation, expenses not initially agreed upon by the parties, the client accepts that these amounts shall be invoiced together with the cost of the shipment and undertakes to pay them. Additionally, upon the client's request, the freight forwarder shall provide proof of these expenses.

Payment for the transport and any other additional services shall be made by the client or the consignee, if agreed, based on the invoice issued by the freight forwarder.

The payment term for the amounts thus invoiced shall begin on the date the invoices are received by the client (including those sent in advance via email and/or fax), and must be explicitly specified in the forwarding contract/shipping order.

If payment in installments has been agreed upon, failure to pay any installment due shall automatically make the entire amount due and payable.

In case of delay in payment of invoices, the client shall owe the freight forwarder penalties for each day of delay, in accordance with the provisions set forth in the forwarding contract and/or transport order.

Chapter IX - Right of Lien and Right of Retention of the Freight Forwarder

The freight forwarder has, for all its current or previous receivables resulting from services performed for the client, a right of lien and retention over the goods and any other valuables belonging to the client that are in its possession.

Chapter X - Arbitration Clause

In the absence of contrary provisions agreed upon, disputes between the client and the freight forwarder or between the latter and legally entitled parties, left unresolved amicably, shall fall under the jurisdiction of the courts in the locality where the freight forwarder has its registered office.

Legal relations between freight forwarders and clients arising from the application of these general conditions are governed by Romanian law.