1. Scope of application
These General Terms of Business apply to the acceptance, road transport and delivery of consignments of the "Intereuropa Express" product by Intereuropa d.d. or its sub-carriers in the territory of the Republic of Slovenia (hereinafter: “carrier”). The carrier contract is deemed to be concluded when the carrier takes over a consignment for transport. The delivery of a consignment to the carrier for transport means that the user of services has accepted all provisions of these General Terms of Business as well as the rates for services provided within the framework of the "Intereuropa Express" product.
In case of another service being provided to the customer by Intereuropa d.d., the General Terms of Business of International Forwarding Agents of Slovenia (latest edition) shall apply. The General Terms of Business of International Forwarding Agents of Slovenia may be examined on the premises of business units of Intereuropa d.d. or accessed at www.intereuropa.si.
2. Scope of services
The determining of appropriate means of transport and transport routes lies within the sole competence of Intereuropa d.d., which may transfer the performance of the service in whole or in part to a sub-carrier of its choice.
The scope of services provided within the framework of the "Intereuropa Express" product is shown in the description of services offered within the framework of the "Intereuropa Express" product and Intereuropa's other information.
The actual scope of services (standard and additional services) and payment is subject to agreement on a case-to-case basis.
A consignment is considered to be the quantity of objects or documents accepted on the basis of individual orders and transported for the same recipient by a single vehicle.
There is no need for issuing a transport document since consignments will be recorded in the computer system of Intereuropa d.d. Should the customer request a transport document, such document may be issued for a consideration at the current rates. The issued transport document is not transferable.
The customer agrees that the carrier may tranship the goods to another vehicle.
4. Conditions for acceptance of goods for transport
The customer may place an order for transport of good by electronic means, by telephone or by facsimile. The order is irrevocable unless the parties agree on payment of additional expenses at a later date.
The customer/sender is obliged to properly package and label the goods by providing the following necessary information: Address of the recipient, number of packages per consignment, weight, volume and value of goods. Other goods labelling methods are to be mutually agreed by the parties.
If the customer/sender dispatches the goods in packaging that has already been used, the customer/sender must determine the appropriateness of reusing such packaging and remove any labels remaining from previous dispatches.
The customer/sender is also responsible for packing the goods in conformity with their nature, labels, requirements of the transport route and of the means of transport, and for correct declaration of the contents of packages.
The customer/sender is liable for damages resulting inadequate packaging as well as for damages occasioned by the lack, inadequacy or irregularity of customs and other documents and communicated data. The customer/sender is also liable for damages caused by the properties of goods that are being transported.
5. Excluded services
The carrier may refuse to accept a consignment following an inspection of the goods on the site of acceptance or on the very receipt of a transport order.
Transport will be refused for the following goods:
- goods whose transport is prohibited under the laws of the Republic of Slovenia;
- perishable goods or other goods sensitive to temperature changes;
- live animals and plants;
- goods whose weight and volume exceed the limit laid down by the rates, unless specially agreed otherwise;
- inadequately packaged goods or goods in which the form and type of packaging are not suited to their contents and/or nature of their contents and goods that are not packaged at all.
Dangerous substances may be accepted for transport according to ADR regulations only subject to a special arrangement. The same also applies to valuables such as: gold and other precious metals, banknotes and securities. In this case, the customer / sender is obliged to label the goods in accordance with ADR regulations and the true value of goods prior to handing them over for delivery.
Intereuropa d.d. may, at any time and anywhere, without specific authorisation on the part of the customer and at the expense and risk of the person authorised to dispose of and use the goods, unload, destroy and render harmless the goods which were, on their acceptance, found to be dangerous or for which it was determined that their transport was prohibited by the law.
On accepting packages for transport, Intereuropa d.d. reserves the right, at its sole discretion, to open such packages and check their contents as well as their quantity and weight by means of weighing and measuring. If the weighing shows that the weight declared by the customer/sender is wrong, the actual weight will be used as the sole basis for charging the transport services. In such case, the customer will be charged with the costs of weighing the goods at the current rates.
6. Transport deadlines and delivery
Intereuropa is obliged to deliver the goods accepted for transport to the recipient within the agreed deadlines. The transport deadline commences with the acceptance of the goods from the sender and expires on delivery to the recipient or on the first attempted delivery to the recipient. The place of delivery is the entrance to the recipient's facility.
When the goods accepted for transport need to be cleared through customs, the transport deadline commences with the acceptance of goods at the dispatching distribution centre and expires on delivery of notice of arrival of the consignment at the distribution centre of destination.
Intereuropa d.d. is obliged to deliver the consignment to the recipient against written acknowledgement of receipt. Intereuropa d.d. will return the acknowledgement of delivery to the customer only at his express request and for a consideration. In case of an unsuccessful first attempted delivery, the recipient will be notified thereof in writing. The second delivery attempt will be made in agreement with the recipient; however, within the carrier’s regular working hours.
If the recipient fails to respond to the notice of delivery within seven days or refuses to accept the consignment, or if the consignment cannot be delivered to the recipient for any other reason, the consignment will be stored and further instructions will be requested from the customer. The customer is responsible for all expenses associated with the dispatch, storage and return of the consignment as well as any new deliveries.
7. Objections and resolving of complaints
Intereuropa d.d. will not be liable for the following types of damage: any consequential damage, lost income and damage to property, damage caused by force majeure, specific properties of goods or latent defects.
The recipient must express his reservations about and objections to the loss and visible damage (obvious defects) to the goods that occurred during transportation. The recipient must express his reservations, objections and provide specifications of loss or damage that cannot be ascertained on acceptance (latent defects) of goods in writing not later than within seven days from the date of receipt. In case of latent defects or latent deficit, the burden of proof that damage/deficit occurred during transport, rests with the customer. Reservations and objections must be properly documented in paper or scanned in electronic form and must be substantiated and addressed to the competent business unit of Intereuropa d.d.
After the expiration of the above-mentioned period of time, the customer can no longer request restitution of damage from Intereuropa d.d., and, if after the expiration of the time limits for claiming compensation for losses or obvious or latent defects of the goods the recipient fails to express his reservations or make objections in the required form, it will be deemed that the goods were delivered in good condition.
Intereuropa d.d. must respond to such reservations or objections within 15 days.
The right to file a claim for compensation for damage expires within six months of the date of delivery or of the date scheduled for delivery.
The consignment will be considered to be lost when it is not delivered to the recipient within 30 days of acceptance for transport. Objections and claims for damages must be sent in writing by registered mail. Objections and claims for damages must include a commission damage assessment protocol, damage photographs, proof of value of goods and other evidence facilitating the assessment of damage. In case of claim for compensation for obvious defects, the commission protocol should also be signed by the carrier (driver).
Intereuropa d.d. should be allowed access to the damaged goods and should, in the process of considering compensation claims, have the right to check the original packaging of the goods for which compensation is claimed. Should this not be possible, the claim for compensation will be considered to be void.
Intereuropa d.d. will start considering the claims provided that the customer has met all his outstanding liabilities.
8. Carrier's liability
The carrier will not be liable for damage to the goods resulting from:
- defects or nature of goods;
- incorrect or insufficient packaging or preparation of goods;
- observing the instructions and information about the consignment and the cargo received from the customer or a person authorised for this purpose by the customer;
- the customer's/sender's failure to deliver or failure to deliver the goods on time;
- the sender’s or recipient’s subsequent requests regarding the place of delivery;
- other acts or omissions by the customer or persons hired by the customer or persons entitled to free use and disposal of goods;
- the customer’s failure to comply with the provisions of current regulations, these General Terms of Business, the contract or instructions provided by the carrier and other persons authorised to provide instructions by the carrier;
- handling of goods, loading, piling up or unloading of goods and other acts which are associated with the goods and carried out by the customer/sender or recipient;
- force majeure, meteorological conditions and phenomena, natural and other disasters, fire, strike, stoppage or exclusion of labour, stoppage, confiscation or seizure of cargo, other authority measures, decrees or recommendations by public authorities or other bodies exercising public powers, administrative or legal barriers, social unrest, insurrection, revolution, conflicts, war, acts of violence, robbery or theft;
- actions in compliance with the current regulations, transport contract and/or these General Terms of Business;
- other facts, reasons or events, such as reasons excluding fault defined by the current regulations, and facts, reasons or events for which the carrier assumes no liability, or events that the carrier was not able to avoid and was unable to prevent their consequences.
Intereuropa d.d. assumes liability for loss or damage to the goods resulting from delay in transport or delivery of goods to the recipient to the extent and up to the amount laid down by the Road Transport Contracts Act (Official Gazette of the Republic of Slovenia – Uradni list Republike Slovenije, no. 126/2003) and Code of Obligations.
Each consignment is covered by insurance against risk of loss or damage to the goods of up to EUR 5.000,00 in accordance with the insurer's conditions of cargo insurance. The cost of insurance is included in the price of transport.
If the value of individual consignments exceeds the value of standard insurance, the consignment may be insured for actual value; however, only at the customer’s express written order. In this case, an additional premium will be charged to the customer in accordance with the current rates.
Otherwise, Intereuropa d.d. will only assume liability to the extent and up to the amounts specified by the Road Transport Contracts Act.
10. Rates and payment
The transport of goods is subject to the rates agreed with the payer of transport in writing. Unless agreed otherwise, the rates for "Intereuropa Express" product valid on the transport date shall apply. The rates are public and available at all Intereuropa d.d. business units.
The transport rate and other costs must be paid not later than within eight days of the invoice date in full and without any reduction or deferment due to an eventual counterclaim or offset, notwithstanding whether the transport rate is payable in advance or at the place of destination. Late payment of invoices will be subject to statutory penalty interest. If payment is delayed more than 10 days after the invoice date, Intereuropa d.d. reserves the right to cancel all discounts and other benefits granted to the customer/payer of transport.
The customer/payer of transport may contest the invoice not later than within seven days of the invoice date. The carrier will not consider any contested invoices after that date.
The customer/sender will assume joint and several liability to the carrier for the transport rate and other costs to be paid by the recipient to the order of the customer/sender.
If the consignment is packaged so that no other goods can or may be placed on the top of it, the carrier will charge for the resulting idle space in the transport vehicle according to the current rates.
Consignments shall normally be accepted/delivered within the agreed time limits and within the regular business hours of the carrier.
If a consignment is not ready for acceptance, acceptance shall be effected at a later date in agreement with the customer and will be subject to payment of additional fees according to the current rates.
If the recipient cannot be contacted directly, he will be notified in writing by means of a notice of arrival of the goods. Another delivery will be attempted in accordance with the agreed time limit and shall be subject to payment of additional fees according to the current rates. Any additional delivery will be charged in the like manner in the case of cash on delivery if the recipient has no cash.
11. Written form requirement and jurisdiction
Amendments and modifications of these General Terms of Business are valid only when made in writing.
Any dispute in connection with the provision of services under these General Terms of Business will be settled by the competent court in Koper.