The terms and conditions of the “Familia IPS” company
The following terms, conditions and restrictions shall be used and shall regulate the liability of the parties in the contract on the transportation of consignment, as well as of additional services concluded between you, as a client, and us, the “Familia IPS” company.
The parties of the contract:
1. “Familia IPS” VAT: 515594869
“Familia IPS”,” the company” “we”,” us”,” our”, “to us”, “by us”– hereinafter referred to as “Familia IPS” company and the employees of “Familia IPS”, as well as partners, agents or individuals and legal entities related to the “Familia IPS” company;
2. “Customer”,” you”,” your” “yours”, “beneficiary” – hereinafter referred to as the consignor and/or consignee, as well as the natural or legal person ordering and paying for the transportation of consignment.
“Consignment” further means in the contract the parcels, packages, parcel posts – personal or commercial goods transferred to us by a client who has placed an order to the company and has been agreed and accepted by us for transportation from one address to another or for which we have undertaken to provide other services;
“Transportation” of consignment, hereinafter in the contract is a set of operations and services provided by us in relation to the transportation of consignment; services limited to the acceptance of consignment, transportation of consignment, customs formalities for export / import executed in case of need and the delivery of consignment to the final recipient, in accordance with the contract.
“Other services” hereinafter means all services other than consignment transportation services provided by us, including, but not limited to the services of storage, sorting, combining, consolidation, packaging, installation, additional services and transportation services;
“Prohibited items” – means any goods, materials or means of transport prohibited by the laws, rules, regulations or instructions of the country of origin and/or destination, as well as any other country through which the consignment is transported;
“Invoice”, “receipt” hereinafter, referred to in the contract – as a declarative financial document filled in and signed by the client and/or drawn up by the representative of the company from the client’s words, which states the following: full details of the sender and recipient, the list of consignment items, prescription, weight and estimated cost of the consignment, and also declares that the client has read and agrees with all the terms, conditions and restrictions of this contract.
2. PARTIES TO THE CONTRACT:
1.Executor – “Familia IPS” company VAT: 515594869
2. The client – natural or legal person.
Subject matter of the contract: definition of relations
The client concludes a transportation contract or a contract for the provision of certain services, as appropriate, with the “Familia IPS” company, which took over the customer’s goods. According to the contract, the client agrees to the delivery of the consignment for transportation and/or provision of additional services, which involve the processing and transportation of the consignment or of a part thereof, under the conditions established by us. By signing the receipt/ invoice accompanying the consignment, the client also confirms that he/she is informed about the terms, conditions and restrictions of the company.
3. SUBJECT MATTER OF THE CONTRACT:
Upon consignment transportation by the “Familia IPS” company, the client understands and accepts the conditions established in the transportation contract and/or additional services, personally, as well as on behalf of another person who might be interested in this consignment; or in connection with the additional services provided, regardless of whether the transporation contract is signined or not. Our terms and conditions also apply to any other subcontracting entity that collects, transports, delivers goods or provides additional services requested, as well as to the employees of “Familia IPS” company. Only an employee, agent or subcontractor authorized by the “Familia IPS” company can amend the terms and conditions in writing, with the signature of both parties. Shall the client send a consignment or a document with verbal or written instructions, which do not comply with these conditions, the “Familia IPS” company shall not be obliged to comply with such instructions.
4. PURPOSE OF THE CONTRACT
4.1 In case if a different type of contract has been concluded between us and the Client, these terms and conditions shall apply to the contract concluded between the Client and us in respect of the consignment transportation obligations under this contract.
4.2 Upon the conclusion with us of any type of contract, the client agrees to the following: the Company reserves the exclusive right to determine the type of consignment transportation. The purpose of the exclusive right of the company is to optimize the transit time of consignment delivery.
Due to the fact that the security and control of the goods services carried out at the airport operate according to restricted criteria, in order to permit or prohibit the air transportation of goods, for avoiding the additional costs, storage of goods in the airport terminals, fines imposed by to the client, according to the accompanying documents, the company reserves the right to change partially or totally the type of transport.
5. DANGEROUS CONSIGNMENT/ SAFETY
5.1 We do not transport or provide additional services in respect of consignments that are, on our own discretion, or are admitted as dangerous, including, but not limited to, consignments that are displayed in the specifications of ICAO (International Civil Aviation Organization), IATA (International Air Transport Association), IMDG Code (International Maritime Dangerous Goods Code), European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), FIATA (International Federation of Freight Forwarders ‘ Associations) or other national or international legal acts regulating the shipping of dangerous goods or the provision of other services in relation to dangerous goods.
5.2 The Client understands, guarantees and confirms by this contract that the consignment does not contain prohibited items as specified in Annex 17, ICAO or other national or international regulations governing aviation / maritime security. The client must also provide a full description of the contents of the consignment in the shipping contract (declaration/invoice) or in any other accompanying documents related to the transportation, which does not limit the client’s responsibility to provide this information.
5.3 All consignments transported and handled by “Familia IPS” company are subject to security controls and compliance with the rules, restrictions and provisions of international agreements governing the transportation of goods. The consignment is subject to examinations and may include the use of X-ray equipment, scanning equipment, for the presence of explosives and narcotic substances and other security control methods, including physical inspection. Upon the conclusion of the contract, the client understands and agrees that the consignment may be subjected to control at any transit point.
5.4 “Familia IPS” does not accept for transportation consignments containing prohibited items. The Client undertakes not to use the services provided by Familia IPS for any illegal purposes. The client understands and undertakes to accurately and fully indicate in the invoice all the data related to the consignment, as well as to correctly indicate the contact information of the consignor and the consignee. The consignor must ensure proper packaging and marking of consignment places, description and classification of the contents of each place of consignment and attach the necessary documentation for each consignment place (in each separate case), so that they apply for transportation and comply with the requirements of legislation in force.
5.5 The competent bodies of the country of consignment, destination or transit have the right to request information, including your personal data, in relation to your consignment for customs processing and/or security reasons.
5.6. In the event that “Familia IPS” company becomes aware that, without the express written consent of Familia IPS, a consignment has been transported with a value exceeding the amount indicated in the invoice, an additional transportation fee equivalent to 5% of the value of the consignment is applied to other applicable tariffs and any other charges in compliance with these Conditions.
6. EXPORT CONTROL
6.1 The Client undertakes the responsibility and guarantees compliance with all applicable export control laws, including, but not limited to, regulations prohibiting unauthorized trade in military products and other strategic goods and services, as well as financial and commercial transactions with individuals and legal entities operating in countries from, through or over which the Client’s consignment may be transported, or rules and regulations providing for the conditions under which certain technologies, information and goods may be transported to, from, through or over the country in which the transportation is carried out.
6.2 The Client also guarantees to “Familia IPS” company that the consignor and/or consignee, as well as the individual or legal entity ordering and paying for the consignment transportation, are not listed in any of the United Nations sanctions programs, in regional and national programs implementing and/or supplementing such programs, as well as in the lists of any autonomous rules on the introduction of the above measures.
6.3 The Client understands, agrees and undertakes, during the examination by the export or import controlling services, to provide the relevant services with all the necessary documents and information on demand.
6.4 The Client understands, agrees and guarantees to be financially responsible for compliance with the export/ import rules and regulations, as well as certification and licensing requirements pertaining to consignment, obtain all required licenses and permits and ensure that the recipient is authorized by the laws of the country of consignment, destination and any other country under the jurisdiction of which the consignment is transported.
6.5 “Familia IPS” company is not responsible to the client or any other person for the client’s actions, for the client’s failure to comply with the laws, rules and regulations on export/import control, sanctions, restrictive measures and prohibitions.
6.6 The Client agrees that any state authority, including customs and security authorities, and the company, at the request of the above-mentioned authorities, have the right to subject the transported consignment to physical inspection at any transit point.
7. RULES FOR CALCULATING THE TRANSIT TIME AND CONSIGNMENT TRANSPORTATION ROUTE
The weekends, public holidays and bank holidays, delays caused by customs clearance, delays related to compliance with local security requirements, as well as other events beyond our control are not included in the door-to-door transit time specified by us. The choice of the consignment transportation route is exclusively the prerogative of the “Familia IPS” company.
8. CUSTOMS CLEARANCE
8.1 By this contract, the client appoints “Familia IPS” company as its intermediary agent for the customs clearance formalities. Shall “Familia IPS” subcontract such activity, via this contract the client confirms that “Familia IPS” company may appoint a customs agent to carry out the customs clearance. Shall the customs authorities require the provision of additional documents in order to confirm the customs declarations for import/export or for our right to carry out customs clearance, the provision of the required documents shall be made by the client at its own expense.
8.2 Hereby, the client accepts and confirms that all statements and information regarding export and import are correct and trustworthy. The client accepts and acknowledges that in case the information about the consignment or its contents is unreliable, a civil action may be filed against him, or may be prosecuted, therefore, he may be sanctioned with a fine and/or partial or full forfeiture of consignment and the subsequent liquidation of the consignment or return of the consignment (fully/partially) depending on the decision of the customs and other state services in the country of transit or in the country of consignment arrival. “Familia IPS” may, on a voluntary basis, assist in the implementation of customs clearance and other logistic procedures. “Familia IPS” is in no way the owner of the consignment and is not responsible for the information about the contents of the consignment, the estimated value of the consignment, etc., received from the sender of the consignment. All customs duties, government fees and fines (if any) shall be charged to the client’s account. The client undertakes to protect the company from claims that may be filed against the “Familia IPS” company, complaints in connection with the information provided by the client and any costs that may arise in connection with this fact, give us the right to demand payment of expenses related to the service provided.
8.3. In case if “Familia IPS” is required to pay any taxes, duties, or charges on behalf of the consignor, consignee, or third party, the payment method selected indicates that the consignee or third party must make any payments, or any taxes, duties, penalties, fees, or expenses imposed lawfully or unlawfully by state authorities, or incurred by “Familia IPS” as a result of any circumstances, including the failure of the consignor or consignee to provide correct information and documentation, or any permits or licenses required in connection with the transportation, the consignor shall jointly and severally with the consignee and third party be liable for the payment of such amounts. In the case when the chosen payment method involves sending an invoice for payment first to the consignee or a third party, the “Familia IPS” company shall first require the payment of the corresponding amount from the consignee or the third party (without limiting the contractual liability of the consignor to make payments). In the event that the specified amount is not immediately paid in full to “Familia IPS” company by any of the above mentioned parties, this amount is payable by the consignor upon the first written request. In any other case, the consignor hereby undertakes to pay the specified amounts to “Familia IPS” company on first demand. “Familia IPS” company is not obligated to separately collect payments from the consignee or any third party.
8.4 “Familia IPS” company shall make all necessary efforts to optimize the process of customs clearance of the consignment, but cannot be held responsible for delays, losses and damages resulting from the actions of customs or other public authorities.
The “Familia IPS” company shall deliver the consignment to the consignee, or to another person who, according to the company, has the authority to receive the consignment on behalf of the consignee (such as persons who are in the same building as the consignee). In case if such a person is not available, the consignment may be left in the consignee’s mailbox (if applicable), delivered to neighbors, unless the consignor has excluded such a method of delivery by using an appropriate additional service. The consignee must be informed of any alternative means of delivery (or forwarding).
Regardless of what was stated in the previous section and unless otherwise agreed with the consignor, the “Familia IPS” company may use any alternative method of delivery chosen by the consignee in accordance with the terms of the company and any other agreement between “Familia IPS” company and the consignee. Such alternative delivery methods include, without limitation, redirection of consignment delivery to an alternative address, allowing the driver to leave the consignment at the consignee’s premises, changing the type of service chosen by the consignor, or changing the delivery time. The consignor also agrees that the consignee may receive information on delivery in relation to the consignment. The consignor expressly refuses any claims against “Familia IPS” company that may arise from the fact that the company follows any such instructions provided by the consignee. The company has the right to use electronic devices to obtain confirmation of delivery, and the consignor agrees that no claim can be made against “Familia IPS” company solely on the basis that the delivery of the consignment is confirmed by a printout of the consignee’s signature received and stored in electronic variant.
Unless the Convention rules or other mandatory provisions of national legislation provide otherwise, the “Familia IPS” company shall not be liable in any circumstances for the suspension of consignment, forwarding of delivery (to another consignee or to another address other than that indicated on the consignment note) or for the return of the consignment to the consignor and in case the “Familia IPS” company makes efforts but is unable to carry out these actions, “Familia IPS” company is not responsible for any eventual losses resulted.
10. OBLIGATIONS OF THE CLIENT
The client guarantees the following:
– The contents of the consignment (including, but not limited to weight or number of items related to the client’s consignment) corresponds to the description and the invoice, the contents of the consignment to be correctly labeled, and the labeling to be firmly attached by the client in a visible place on the outer surface of the package of the consignment, in such a way that it would be easily noticed; the client guarantees that all consignments delivered for transportation in accordance with these conditions correspond to international restrictions.
The consignor must accurately and fully indicate all the data entered in the invoice, waybill, and correctly indicate the contact information of the consignor and the consignee. The consignor must ensure proper packaging and mark the places of consignment, description and classification of the contents of each place of consignment and to attach the necessary documentation for each place of consignment (in each case separately) so that such would apply for transportation and comply with the requirements of the Reference Book and applicable law.
– The contents of the consignment to be prepared, as well as securely and neatly packed, in order to protect against the usual risks during transportation, sorting and/or handling of the consignment;
– The client has to specify the exact weight of the consignment and shall provide any special equipment for loading or unloading it from the vehicle of the “Familia IPS” company;
– The contents of the consignment are limited by the rules, permissions or prohibitions of IATA, ICAO, IMDG, ADR or FIATA and by the prohibitive regulations of the customs or other state services both in the country of consignment and throughout the duration of transportation of the consignment through transit countries.
11. PROTECTION OF PERSONAL DATA AND THE DEGREE OF RESPONSIBILITY
11.1.1. The “Familia IPS” company has the right to process personal data provided by the consignor or the consignee and reserves the exclusive right to transfer such data to other associated companies and subcontractors of “Familia IPS” company, including in other countries that may have a level of personal data protection, different from the level of the country where the consignor transferred the consignment to “Familia IPS”, and to process it there in the cases and to the extent that such transfer and processing of data in such countries is required for the provision of agreed consignment delivery services.
The consignor guarantees th receipt of personal data that the consignor has provided to “Familia IPS” company for the transportation in a lawful manner, is authorized to provide such data to “Familia IPS” company, in the cases and to the extent that such transfer and processing of personal data in such countries is required for the provision of agreed delivery services, and has received the informed and specific consent from the consignee so that “Familia IPS” company may send the consignee an electronic and in other format the notification related to the agreed delivery services.
The “Familia IPS” company uses the personal data of the consignor provided by the consignor in accordance with the Privacy Notice.
In addition, the consignor guarantees that it has received informed and specific consent of the consignee on the fact that “Familia IPS” company may use the personal data of the consignee in accordance with the above-mentioned Privacy Notice of “Familia IPS” company, as amended on the date of shipment of the consignment, on the use in a different way than indicated above.
11.1.2. Subject to the provisions in accordance with the requirements of the Reference book specified below, the liability of “Familia IPS” company for any loss, damage or delay during transportation is limited as follows:
11.1.3 In case the parcel is in whole or in part transported by air and the final destination of transportation or stopover is in a country other than that of departure of the air transport, the provisions of the Warsaw Convention of 1929 (as amended by the Hague Protocol as of 1955), Protocol No. 4 of the Montreal Convention (1975) or the Montreal Convention as of 1999 shall apply. These international agreements regulate and limit the liability for loss, damage or late delivery of the consignment to 19 special drawing rights per 1 kg of consignment.
11.1.4. The “Familia IPS” company is not responsible for the risks associated with currency exchange.
11.1.5 The “Familia IPS” company shall not be liable for any unfair or fraudulent acts committed on behalf of the recipient, including, but not limited to, payments made with counterfeited bills or a forged cheque or a cheque that was later refused payment, or cheques incorrectly filled in by the recipient.
11.1.6 In the case of application of the Warsaw Convention or of Convention on International Transport of Goods, or of national legislation that adopted or recognized the obligation of such conventions (hereinafter referred to as Convention regulations) or in case (and in part) of application of other imperative provisions of the national legislation, the liability of “Familia IPS” follows to be determined, and the size of it – to the limitation in compliance with the indicated applicable rules.
11.1.7 In the event that the Convention regulations or other mandatory provisions of the national legislation do not apply, “Familia IPS” is liable only for the actions committed in the absence of reasonable care and due professionalism, solely on the basis of these Conditions. To the extent permitted by the applicable law, the amount of such liability of “Familia IPS “is limited to the amount of proven damages and does not exceed $ 80 per one consignment, except the cases where a greater value of the consignment was specified by the sender in accordance with the paragraph below.
11.1.8 Except the cases where the Convention regulations or other mandatory national laws do not provide otherwise, “Familia IPS” shall not be responsible for financial losses such as the cost of alternative transport, loss of profits, loss of favorable economic opportunities or income, loss due to non-use of the consignment, caused by any loss, damage of consignment or place of the consignment, or delay in the delivery, regardless of whether the value of such consignment was declared in accordance with clause 13.1.5. The “Familia IPS” company is not responsible for damage to or loss of any package. In cases where the conventions apply or where other mandatory national laws apply to the same extent, the liability of the “Familia IPS” company shall be regulated and limited in accordance with the applicable rules.
12. EXEMPTION FROM LIABILITY
12.1 “Familia IPS” is not liable for any indirect loss or damage (loss of income, profits, markets, reputation, opportunities, etc.), even if it knew that such losses may arise, as well as for other indirect losses, special or related, among other things, with the violation of the terms of contract, negligence, imprudence or premeditation.
12.2 “Familia IPS” is not responsible for the failure to fulfill any obligations that occurred as a result of:
12.2.1 circumstances beyond our control, such as:
12.2.2 The commission of actions or omissions by third parties such as:
12.2.3 if the contents of the parcel or part of it is on the list of prohibited items, even if the parcel was accepted for transportation by mistake;
12.2.4 refusal of “Familia IPS” company to make any illegal payments on behalf of the client.
12.3 accordingly, we are not regular transport operators and do not assume the responsibility of regular transport operators.
13. PROCEDURE FOR SUBMISSION OF CLAIMS
Notification of all claims against “Familia IPS” company shall be made in writing and within a reasonable time, but in any case, no later than 14 days from the date of receipt of the consignment in the event of damage caused to the consignment. (including its partial loss), and in case of loss – within 90 days from the moment when the consignment was transferred to the “Familia IPS” company for transportation, according to the Reference book, except in cases where otherwise provided by the Convention Rules or other imperative regulations of national legislation. In addition, all claims against “Familia IPS” in connection with any consignment are determined and limited by the limitations period, except in cases where legal proceedings are initiated and written notice of such proceedings is served to “Familia IPS” company within six months after receipt of the relevant consignment or, in cases where the consignment was not received, within six months after the date on which the consignment should have been delivered. This provision does not affect the rights that the consignor may have under the Convention Rules or other imperative regulations of the national law.
“Familia IPS” shall assume that the consignment was delivered in a good condition, unless the consignee detects external damage and indicates otherwise in the consignment note upon receipt of the consignment. To review the claim, it is neccesary to provide “Familia IPS” company with the contents of the package and the original packaging for inspection.
In the event of a claim, the parcel must be rejected for acceptance by the consignee and returned by a representative of the company to the distribution warehouse for independent examination purpose.
The parcel / consignment cannot be considered as lost for at least 60 days from the date of notification of non-delivery. “Familia IPS” can reduce this period by signing an agreement with the client on reducing this period.
Shall any rule or condition be declared invalid or unenforceable, such decision shall not affect the other terms of this contract, which shall remain in force.
In accordance with all applicable conventions, disputes arising in connection with this contract shall be resolved by the court of the country in which our company is located, the nearest branch or representative of “Familia IPS”, that initially accepted the consignment or provided the requested services.
14. CLAIMS FROM THIRD PARTIES
The client guarantees to not allow third parties, interested in the consignment, to make claims related to the consignment or initiate legal proceedings against us, even if they were determined by the negligence of “Familia IPS” company, and, if a claim does occur, the client undertakes to bear all costs associated with its consequences.
15. TARIFFS AND PAYMENT
15.1 The Client agrees to pay our tariffs (including any other additional taxes related to the consignment) for transportation between the points specified in the transportation contract or for other services provided by “Familia IPS” company, together with the corresponding value added tax,if any, within 15 days from the date the invoice was issued, without any deductions, discounts, counterclaims, or any other type of deduction.
15.2 Transportation tariffs or tariffs related to additional services shall be calculated in accordance with the tariffs applicable to the client’s transportation, in accordance with the tariffs that were established separately with him or her or in accordance with the concluded contract. The tariffs of the “Familia IPS” company are valid and they can be found at the Information Center (Call-Center) of the company.
15.3 The rates for transportation and other services are set out in the annex to the contract and, if they are not paid before the consignment dispatch, must be paid within 7 days after receipt of the invoice or in such other period, as it shall be agreed in writing by the consignor and “Familia IPS” company.
“Familia IPS” has the right to check the actual and/or volumetric weight of the goods, and in case of exceeding the declared weight, to issue invoices based on the actual weight. Unless otherwise provided, for the purposes of the matter under consideration, the invoice shall be considered received three business days after the date it was issued.
15.4 All import duties, value added tax and all other charges imposed on parcels in the country of destination are immediately paid by the recipient at the first request of the company. If the recipient refuses to pay, the consignor undertakes to pay all payments in full within 48 hours from the date of receipt of the express notification that the recipient refused to pay.
15.5 The door-to-door delivery rates provided to the client include a simplified customs clearance procedure. “Familia IPS” reserves the right to charge an additional fee in the event of additional customs actions pertaining to the consignment, which require additional time and administrative costs.
15.6 In some countries, additional duties may apply for complex Customs operations that include, but are not limited to, consignment requiring:
15.6.1 Customs actions in respect of more than three items of goods;
15.6.2 Customs obligations or the need to deliver items under customs obligations;
15.6.3 Temporary import privileges;
15.6.4 Customs representation that requires the participation of state authorities, other than customs authorities.
In some countries, “Familia IPS” can make advance customs payments on behalf of the importer, import duties or other taxes, and if this service also includes a local administrative fee, it is billed to the recipient or, if the recipient refuses to pay, it is billed to the sending client
15.7 The Client may give special instructions for invoicing or agree with the recipient or a third party that he/she shall pay for the transportation, as well as other taxes, additional fees, fines, etc.that may arise in connection with the transportation. Shall the consignee or other party refuse to pay for the transportation, the client undertakes to pay all related costs within 48 hours from the moment the client is notified about the refusal of the recipient to pay.
15.8 The invoice issued by the “Familia IPS” company for the services provided does not include a copy of the delivery confirmation (which can be provided electronically by agreement) or other additional documents.
15.9 “Familia IPS” may send an invoice, for the services rendered, in electronic form, by e-mail, on the basis of a contract signed by the client. Shall the client request a hard copy of the invoice, “Familia IPS” reserves the right to charge an administrative fee for the provision of this service.
15.10 The invoice issued by the “Familia IPS” company for the services provided must be paid in the currency specified in the invoice or, if not specified, in the local currency, at the exchange rate specified by “Familia IPS” company.
15.11 “Familia IPS” reserves the right, for any delivery made via “Familia IPS” company at any given time, to withhold from the amount received from the sale any other amount that the Client owes to “Familia IPS” company.
15.12 The Client is responsible for paying all taxes and other expenses, including stamp duties, applicable, depending on the transportation or other services, as well as in connection with the issuance of documents, including the consignment document.