Terms and conditions of cargo transport and palletized goods

GENERAL CONDITIONS REGARDING THE PROVISION OF SHIPPING SERVICES (palletized goods)

DYNAMIC PARCEL DISTRIBUTION S.A. (hereinafter referred to as DPD)

Through its activity, DPD offers Customers palletized freight forwarding services. These Conditions apply in all situations in which the Client issues a transport order to DPD and there is no contract concluded in writing, as follows:

EXPEDITIONS

DPD does not accept as Expedition the following: counterfeit goods, trading instruments, money, weapons, shares, stamps, jewelry, precious stones and metals, animals, ADR products, chemicals or radioactive substances or any goods classified as having a high grade risk by Romanian legislation, requiring special conditions of transport or storage. DPD reserves the right to refuse to take over goods that endanger the integrity of transport (goods not packed or packaged improperly due to the nature of the goods and the mode of transport). The customer is responsible for the declared conformity and identity, between the goods mentioned in the transport documents and the goods physically handed over to DPD for shipment.
DPD has the right to choose the route it considers the most efficient, so that the transport reaches the destination requested by the Client, which can be the route indicated by the Client, or another more efficient route.
DPD may hire, organize or entrust the transport of any other party to perform all or only part of the contracted services.
DPD may open and inspect the Expedition for a good reason that imminently endangers the smooth running of the transport operation, at any time, without the Customer's permission.
The Customer agrees that DPD to weigh in its locations all Shipments taken from the Customer, and any discrepancy regarding the physical and / or volumetric weight found during weighing by DPD will be invoiced to the Customer accordingly.
In case of partial loss or damage of the goods delivered to the recipient that could not be discovered upon delivery of the goods, the Customer will send the complaint in this regard within 24 hours from the delivery of the goods, and for perishable goods no later 3 hours after delivery.
If the partial loss or damage of the goods delivered to the consignee is discovered upon delivery of the goods, the consignee together with DPD will draw up a report of finding the loss / damage.
The complaint will be accompanied by the transport order, the copy of the notice accompanying the goods, the proof of the value of the goods sent at the initial purchase price, specifications regarding no. AWB assigned to the expedition, other documents proving the event that is the subject of the complaint.
DPD will not take into account the complaints if they were sent in non-compliance with the provisions of points 7 and 8 or when the payment for the transport service has not been made.
If the sending Customer expressly requests by order the pallet return service, the consignee of the shipment will deliver to DPD the pallets that have provided the packaging support for transport (in the same format). However, the refusal of the consignee to deliver the pallets on the date of delivery of the goods, after unloading, cannot engage the responsibility of DPD. DPD does not ensure the storage of pallets related to a shipment and does not guarantee qualitative or quantitative aspects related to their return in other conditions than those offered by the recipient. The goods related to the shipment will be delivered to the recipient even in the conditions of a possible refusal on his part to deliver the pallets to DPD, after unloading.
If the sending Customer does not request by order the pallet return service, DPD has no obligation to take over and return the pallets related to the shipment in question.
The maximum dimensions accepted for shipment by DPD for a pallet are:

L x W x H: 200x120x200 cm (including the stand)

Weight: 1000.00 kg

The customer will hand over together with the goods, obligatorily, the following documents: the consignment notice of the goods or the invoice related to the goods. In the situation when during the transport checks are performed by the competent bodies in this respect and it is found that certain documents were missing that should have accompanied the transported goods or that they are not correctly prepared, the Customer will fully bear any damaging consequences. The maximum value of the transported goods accepted per pallet is 20,000 lei. In case of exceeding this value, the Client has the obligation to notify DPD in advance 24 hours before loading by e-mail or fax.
For the situations in which DPD requests the payment of the forwarding service in advance, the Client's shipment will be taken over only after the confirmation of the payment in the DPD bank account.

CUSTOMER OBLIGATIONS

The customer guarantees that all shipment details are complete and accurate. The sending customer has the obligation to provide the necessary technical means and qualified personnel for loading the pallets in the means of transport. The sending customer has the obligation to load the pallets in the means of transport at the point of loading. The sending customer must respect the maximum time allocated for loading. Any exceeding of this term is additionally charged according to the DPD Commercial Offer regarding the shipping services.
The customer will take care to properly label, seal and protect the goods to be delivered to ensure the security of the packaging of the pallet and the contents for repeated handling. Failure to do so will result in DPD's exoneration from liability to the Customer and / or the recipient regarding damages.
The Client certifies that the shipment is not under the restrictions provided in these Conditions or other restrictions mentioned in the special laws.
The customer is responsible for the total or partial damage of the other goods from the total load in case he has not fulfilled properly the obligation of packing and securing the goods on the pallet.
The sending customer has the obligation to ensure the necessary technical means and qualified personnel for unloading the pallets at the destination place.

WARRANTIES AND INSURANCE

DPD will not guarantee to the Client or third parties any other commercial value, indirect losses or other special values.
If the shipment has not been additionally insured, DPD's liability is limited to the lesser of the following amounts:

- the equivalent in lei of USD 2.5 per kilogram of gross gross weight (at the B.N.R. exchange rate from the date of the event);

- the value of the total or partial loss or destruction suffered by the shipment (the value of the goods at the initial purchase price from the supplier).

PAYMENT TERMS

DPD tariffs are valid in accordance with the DPD Commercial Offer related to freight forwarding services, published on the DPD website www.dpd.ro.
Payment will be made in local currency to LEI.
DPD will invoice the Client bi-monthly according to the ordered services. The customer will pay to DPD in full the value of the invoices within 7 days from the date when they were issued or anticipated until the shipment is taken over, depending on the DPD's request at the time of negotiating the takeover of the order.
The payment will be made in the DPD account no. RO70 RZBR 0000 0600 0240 6867, opened at Raiffeisen Bank Iancului Branch, Bucharest sector 2.
If the Client does not pay the value of the invoices received within 7 days, DPD may apply penalties. In case of application, the penalties represent 0.15% for each day of delay and will be calculated for the total debt per day in lei. The total value of the payment will cumulate the value of the unpaid invoices with the penalties for delay.
DPD has, for all its current or previous receivables resulting from services performed for the Client, a right of retention on the goods and on any other values belonging to him, which are in his possession.
In case of non-payment of the invoice / invoices at the due date, DPD reserves the right not to take over the Customer's shipments except by paying in cash or in advance at the standard tariff of DPD in force on the date of taking the order.
The Client has become aware and agrees with the DPD Commercial Offer related to the freight forwarding services, including the tariffs related to the services, also published on the website www.dpd.ro.
The customer can contest in writing the invoiced amounts within maximum 7 (seven) days from the date of issuing the invoice. The appeal must be formulated in writing to the e-mail address [email protected] and motivated punctually for each tariffed shipment. The non-contestation of the invoice within the term provided above represents the tacit and unconditional acceptance to the payment of the invoiced amounts and the Client no longer has the right to contest the invoice.

JURISDICTION CLAUSE

For unforeseen situations, the Romanian Civil Code will be applied.
Any disputes that arise between the parties will be settled amicably; if this is not possible, the competent courts in Bucharest will be appealed.