General provisions of responsibility
General provisions
Last updated: July 26, 2024
1.
The Customer is responsible for the delay of vehicles under loading or unloading or while waiting for loading/unloading, caused by illegal actions or inaction of the Customer and/or the Consignee, in the amount of UAH 200 for one hour of downtime according to the time norms: for loading - 2 hours, for unloading - 2 hours from the final unloading time specified in the Application for long-distance transportation (in Ukraine) and/or in the amount of UAH 1,000 for one hour of downtime according to the time norms: for loading - 2 hours, for unloading - 2 hours from the final unloading time specified in the Application for international transportation.
2.
In the event of the Customer’s refusal of the agreed Application at any stage of its execution, non-delivery of the Cargo, non-use of vehicles provided by the Carrier or impossibility of fulfilling the Application due to the Customer’s fault for other reasons, the Customer shall pay the Carrier a fine in the amount of 10% of the cost of the services specified in the Application, but not less than UAH 3,500 and other losses actually incurred by the Carrier (including the costs of fuel and lubricants and the cost of the truck driver’s services) during long-distance transportation (across Ukraine) and/or the Customer pays the Carrier a fine in the amount of 20% of the cost of the services specified in the Application, but not less UAH 7,000 and other losses actually incurred by the Carrier (including the costs of fuel and lubricants and the cost of the driver's services) during international transportation.
3.
If the Customer delays its obligation to pay for the rendered transportation services, the Customer shall pay a penalty in the amount of double the NBU discount rate of the amount of the overdue monetary obligation for each day of delay. For delay in fulfillment of its obligation to pay for the provision of transportation services for more than 10 calendar days, the Customer shall pay a fine in the amount of 20% of the transportation price (freight charge) of the relevant Cargo (consignment).
4.
In case of failure of the Carrier to provide vehicles for loading of cargo (delay of more than one day), the Carrier shall pay a fine in the amount of: - UAH 500 for each day of delay - for city and intercity transportation; - UAH 800 for each day of delay - for international transportation, except in cases of force majeure specified in clause 6.1. of the Agreement.
5.
The carrier is not responsible for the quantity, weight and quality of the cargo, including intra-tare shortages, damage to the contents of cargo spaces in a container or car delivered with intact seals or in intact (undamaged) containers (packaging).
6.
The Carrier shall be released from liability if the loss of the cargo, its damage or delay in delivery occurred as a result of the actions or negligence of the Shipper, due to a defect in the cargo, its packaging or due to circumstances that the Carrier could not avoid and the consequences of which it could not prevent. The cargo shall be deemed accepted by the Consignee from the moment of signing the relevant shipping document.
7.
When transporting glass, glassware and other fragile items, the Carrier's responsibility for ensuring the integrity of the goods shall be extended only if there is packaging that ensures the integrity of the specified goods during transportation.
8.
In case of detection of damage and/or loss of cargo by the Consignor/Recipient, such facts shall be recorded by the representative of the Consignor/Recipient in the presence of the representative (driver) of the Carrier with photo or video confirmation of damage and/or loss of cargo
9.
The carrier is not responsible for the actions or omissions of the port administration, customs authorities, border, utility and other services that may directly or indirectly affect the fulfillment of obligations, as well as for the schedule of cargo/vessel/railroad train movement in accordance with the carrier's schedule and changes thereto.
10.
Payment by a Party of a forfeit (fine, penalty) shall not relieve either Party of its obligation to actually and properly fulfill all its obligations under this Agreement and the Application and of its obligation to fully compensate the other Party for all its losses (including lost profits) caused by non-performance or improper performance of this Agreement. The forfeit (penalty, fine) shall be recovered in full, regardless of the compensation for losses.