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Terms of Delivery

 

Terms of conditions InterCityPost®”

1.Introduction

1.1.Bases on these General conditions of transportation (“Conditions”) the company “InterCityPost®” will carry out the transportation and/or organization of Cargo transportation (“cargo”).
1.2.Depending on the settlement in Ukraine where the cargo is passed to “InterCityPost®” for shipment, the term “InterCityPost®”  means each of the companies and undertakings that operate under the name and logo of the company “InterCityPost®”.
1.3.The company “InterCityPost®” has a right to attract the third parties to provide services and meet the contracts’ conditions both on it’s own behalf and on behalf of it’s employees, agents and counterparties, each of them can take advantage of these Conditions.
1.4.In these Conditions the term “waybill” (House Waybill/HWB) means the standard bill of lading/consignment note of “InterCityPost®”.
1.5.The acting General conditions of carriage with “InterCityPost®” and the Fees are posted on the website: http://intercitypost.com
 

2.The boundaries of the services provided

2.1.If the provision of the additional services is not agreed, than the services of “ InterCityPost®” are limited to the cargo acceptance, cargo transportation or organization of the cargo transportation, and delivery of cargo to consignee.   
2.2.The Consignor agrees that “InterCityPost®” bring his cargo together with the other shipments  for the transportation purposes, that the shipment of the cargo may be carried out through any intermediate stops at the discretion of  “InterCityPost®” and that “InterCityPost®”  may not track the individual route of outgoing or incoming cargo throughout all sorting centers.
 

3.Transportation conditions

3.1. This section defines the various restrictions and conditions that set the boundaries and regulate the volume of services provided by “InterCityPost®”. This section also include the clarifications of the consequences if the cargo doesn’t meet the requirements. 
3.2.Restrictions and conditions of the provision of the services
“InterCityPost®”  does not provide the services of the cargo shipment if their specifications go beyond the limits described below in paragraphs  3.2.1-3.2.4.
3.2.1.The weight of cargo space must not exceed 31,5 kilograms or 70 kilograms (depending on the point of departure and destination), the size of the cargo cannot exceed 270 centimeters  lengthwise or 330 centimeters  in aggregate when measured in length and in girth.
3.2.2.The declared cargo value cannot exceed UAH 50.000. If the declared cargo value exceeds the specified amount, than sender must notify “InterCityPost®” in writing about for additional cargo insurance.
3.2.3. Cargos must not contain any prohibited items listed on the above website.
3.2.4. Cargos must not contain any goods that can endanger human or animal life or any means of transportation or can otherwise affect other goods being transported by “InterCityPost®”, or cause them damage and must not contain goods, transportation of which is prohibited according to current legislation.
The consignor must accurately and completely indicate all data included in the consignment note, and correctly identify the contact information of the consignor and consignee.
The consignor must ensure the proper packaging and labeling of the goods spaces, description and classification of the content of each cargo space and add the necessary documentation to each piece of cargo (in each separate case) so that they fit for transportation and meet the requirements of the Terms and Conditions and current legislation.
3.3. When transporting the perishable and thermosensitive cargo the consignor must agree that transportation is carried out at his own risk. The company“InterCityPost®” does not use any special measures for the transportation of such goods.  
3.4.Refusal of transportation and it’s  suspension.
3.4.1.If “InterCityPost®” finds out that the cargo doesn’t meet any of the above mentioned restrictions and conditions, “InterCityPost®” can refuse in transportation of the corresponding cargo (or any cargo being the part of it), and if the transportation is already carried out, the company “InterCityPost®” has a right to suspend the transportation and hold the cargo before getting the instructions from the consignor.     
3.4.2. The company “InterCityPost®” also has a right to suspend the transportation if the delivery to agreed consignee cannot be done with two attempts, if the consignee refuses to accept the cargo, if the company “InterCityPost®” can not make the delivery in connection with the wrong address   (provided that “InterCityPost®”  used all reasonable means to find out the correct address) or because the correct address is located in the settlement other than mentioned in the consignment note, or if during the cargo delivery  the company “InterCityPost®” cannot get the amount fue from the consignee.
3.4.3.In cases when “InterCityPost®” has a right to suspend the cargo transportation, it is also has a right to  return the cargo to consignor at its discretion.
3.4.4. The consignor shall bear all reasonable expenses to “InterCityPost®”  (including the cost of the storage), compensates the incurred expenses, taxes and other charges which could be needed to pay by “InterCityPost®”. In case of return of cargo the consignor is also responsible to compensate the cost of return transportation, calculated in accordance with the current tariffs of “InterCityPost®”.  
3.4.5. “InterCityPost®” does not cover losses that the consignor may suffer in connection with the carriage of cargo by "InterCityPost®" that do not meet the restrictions or conditions set out in paragraph 3.2 above, and in case of suspension of transportation by “InterCityPost®” based on these Conditions, the consignor is not entitled to claim any refund of the transportation cost paid by him.   
3.4.6.“InterCityPost®” has a right but not obliged to open and inspect the contents of any cargo tendered to it for transportation at any time.

4.Payment

4.1.The transportation tariffs and other services specified in Tariffs Guides and posted on the websites, and, in case if they are not paid before the shipment, should be paid within 3 days after receipt of the invoice or within such other period which is agreed in writing between the consignor and “InterCityPost®”. Unless otherwise provided, for the purposes of the issue in question, the account will be considered as received during the three business days after the date of its posting.
4.2.If “InterCityPost®” needs to pay any charges on behalf of the the consignor, consignee or any other party, and  “InterCityPost®” can not get the compensation the person concerned of such amount on request within 3 days, this amount will be payable by the consignor upon request. This situation also applies to cases where the consignee or the third person who should pay, does not pay any fees.
4.3.If any amounts payable in favor of “InterCityPost®”, have payment overdue, оплата яких прострочена, may bear interest at a rate of 0.1% per day, but not more than double NBU discount rate.
4.4.If any amount is not paid by the consignor, consignee or any third person in accordance with these Conditions, the company “InterCityPost®” can detain any cargoes transported before obtaining full payment, or may sell such cargo from trafficking proceeds to repay debt under the law that is applied. Any outstanding debt is deemed to be paid.

5.Insurance

5.1.Based on this paragraph of the Agreement the company “InterCityPost®” will perform the cargo insurance.
5.2.Cargo
Any cargo (according to the column «Description of the attached») except excluded.
5.3.Insurance coverage
It starts from the moment of cargo reception befor shipment from the consignor and finishes when thecargo is delivered to the recipient, including intermediate warehouse storage during transportation.
5.4.Insurance amount
The amount of the declared cost specified in the consignment note of “InterCityPost®”.
5.5.Insurance risks“
With responsibility for all risks” – the cargoes insured insured against loss and / or damage for any reason.
The cargo loss means:
5.5.1. Physical or chemical changes through which the cargo is fully depreciated and cannot be used for their intended purposes;
5.5.2. The disappearance of cargo case or part cargo case;
5.5.3. The fact of cargo’s non-arrival to destination in time after which according to the  regulatory documents (consignment note/ transportation agreement), the cargo is considered lost.
The cargo damage means that some physical or chemical changes have reduces the cargo’s value.
5.6. The detailed information on cargo insurance is provided in tariffs inquiry desk or on the website http://intercitypost.com

6.Break in the service delivery

6.1. If the company “InterCityPost®” cannot start or continue the transportation of the consignor’s cargo for reasons that are beyond the control of “InterCityPost®”, the consignor is not entitled to claim for breach of contract on the part of “InterCityPost®”, however  “InterCityPost®” will take all measures that are reasonable from a practical point of view in this situation to start or continue the transportation.
6.2. Examples of circumstances that fall under this paragraph are violations of air or ground transportation due to bad weather conditions, fires and floods, wars, terrorism, hostile acts and civil disorders, acts (actions) of government and other government bodies and labor disputes or enforcement actions relating to  “InterCityPost®” or any other person.

7.Guaranteed refund

7.1.For some services and destinations the company “InterCityPost®” can offer a refund guarantee. The detailed information about it’s usage, about the corresponding delivery and the final term of the goods acceptance for appropriate services and destinations, as mentioned on the website,  is actual at the time of cargo acceptance and can be further confirmed by the reference to the local informational center of “InterCityPost®”  within the location of the consignor. In case of the guaranteed refund validity, if the company  “InterCityPost®”  does not deliver the cargo during the corresponding period of time (delivery time is given in the Tariff’s Guide and on the website http://intercitypost.com), then upon the written request it returns money to the consignor (or any other person who paid for the shipment), or takes them into account when the consignor pays the subsequent cost of services for transportation (or if those terms does not met only specific cases of goods, consisting of several cases in the amount proportionate to the cost of services for the transportation of the cargo cases), without any additional fees, VAT, or any state taxes, assuming that the conditions set in the Guides and on the website are performed.
7.2. The guarantee does not act if delay in delivery is the result of:
7.2.1. Discrepancies in restrictions and conditions set out in paragraph 3.2.1.;
7.2.2.Realization of the right of retention by the company  “InterCityPost®” in accordance with these Terms;
7.2.3.If Clause 3.3 or 6 is applicable.
To avoid doubts in the liability of  “InterCityPost®”  the guaranteed refund is  limited to the foregoing, and is not an additional factor or guarantee of timely cargo’s delivery.

8.Responsibility

8.1.If national legislative norms don’t apply, responsibility of “InterCityPost®”  occurs only for actions carried out in the absence of reasonable care and proper professionalism, solely on the basis of these Terms. In so far as permitted by the law applicable, the amount of such liability of “InterCityPost®”  is limited by the amount of the transportation fee for one cargo, except the cases when the cargo has been insured by the sender in accordance with the Clause 5 of the Terms. 
8.2. Subject to Clause 8.3., The consignor has the right to get the reimbursement that exceeds the limit of liability of “InterCityPost®”, specified in the Clause 7.2 above and the rules of national law. It is possible in the case if the Consignor  indicated the higher cost of the cargo in the consignment note and has not made additional cost for this in accordance with the clause 5.  If the Consignor has indicated the higher cost of the cargo and made the appropriate payment, than responsibility of  “InterCityPost®” is limited to the amount of proved damages not exceeding the declared value of the goods. The declared value of the cargo in any case can not exceed the limits set out in the Clause 3.2.2.
8.3. The company “InterCityPost®” is not responsible for the solely financial losses such as the cost of alternative transportation, loss of profits, loss of favorable business opportunities, or failure to obtain the profits in the result of the cargo non-use, caused by any loss, damage of the cargo or the cargo case, or delay in its delivery, regardless of whether the value of the goods has been declared in accordance with paragraph 7.2.

9. Delivery

“InterCityPost®” carries out the cargo’s delivery to the consignee, indicated on the consignment note, or to any other person that according to   “InterCityPost®” assessment has the authority to receive the cargo on behalf of the recipient (e.g. if people are located in the same building with the consignee or affiliated with him).
“InterCityPost®” has a right to use electronic devices to get the proof of delivery, and the the consignor agrees that he can’t make a claim to “InterCityPost®” solely on the fact that the delivery of the cargo is confirmed by printout signature of consignee, obtained and stored in electronic form.

10. The procedure of making Claims

All claims to “InterCityPost®” should be presented in writing within a reasonable time, and in case of cargo damage, including its partial loss not later than 14 days from the receipt of the cargo, and in case of delay of cargo delivery not later than 21 days from the date of the cargo's transfer to the person authorized to receive it, if the norms of national legislation don’t provide otherwise.
Moreover, “InterCityPost®” is not responsible with respect to any shipment if the judicial inquiry has started, or written notice of its beginning is presented the six months after receipt of the corresponding cargo, or (in case of failure to receive the csrgo) until the six months after the date on which the cargo should have been delivered.  The specified statement does not apply to the rights of the consignor, stipulated in the rules of national law.

11.Complete nature of the agreement

“InterCityPost®” assumes that all terms of the agreement between “InterCityPost®”  and the Consignor are contained in this document. If the Consignor wishes to somehow change the Terms, such change needs to be  issued in writing and signed by the consignor and representative of “InterCityPost®”  before the cargo will be  accepted by  “InterCityPost®”  for transportation.
The Couriers of the “InterCityPost®”  are not authorized to negotiate with the consignor, make statements or certify the documents on behalf of  “InterCityPost®” . The relations of the Consignor with  “InterCityPost®”  are built on their phone, fax or email communications with the agents (if necessary with the other responsible employees of the company “InterCityPost®”) and exchange of the official documents.
The signature of the Consignor at the consignment note of “InterCityPost®” automatically means the conclusion of the agreement between  “InterCityPost®” within the Terms above.

12. Law applicable

These Terms and any such Agreement, the part of which they are, is fully regulated   by the Requirements of the Ukrainian legislation.