 Terms and Conditions.
1. PREAMBLE
Terms and conditions below, together with those available at
our offices, are all the clauses of the contract between you, the
sender of the shipment, and us, Acilex Worldwide Service.
When you give us your shipment, by signing the waybill, you
accept our terms both for yourself and for anyone else who has
an interest in the shipment. Our terms and conditions are
applicable, in the same time, to anyone who we may contract to
collect, transport or deliver your shipment. No employee of Acilex
or anyone else has the authority to change any of our terms or
conditions, or make any promise on our behalf. Any verbal or
written disposition, before or after signing the waybill, cannot
change the terms and conditions of this contract.
2. DEFINITIONS
Company means Acilex Worldwide Service
Shipment means all the documents or packages that travel
under one waybill. You certify that the details of the shipment are
complete and accurate.
Waybill (WB) is the document that must accompany every shipment and contains details regarding the sender, the receiver, the content of the shipment, taxes, insurance etc. by filling in this document you guarantee over the correctness and the completeness of the data concerning your shipment.
We, us, etc. means any subsidiary, affiliates or any branch of Acilex Worldwide Service and their employees, agents or representatives.
Prohibited Items means any goods or materials, prohibited by law, rules or regulations in force in Turkey, or which could put in danger the others goods carried by the Company.
Unacceptable shipments means those goods and materials, that are not current acceptable for carriage by Acilex Worldwide Service. The list of these restrictive shipments and of prohibited items or any other information is available at our offices.
3. RIGHT OF INSPECTION
The Company has the right to open and check your shipment for any reason or if there is any susceptibility of the contents during transportation. You agree this at the moment you sign the waybill.
4. CHARGES
4.1.The Acilex transportation charges are available at our offices.
4.2. We charge according to the actual or volumetric weight whichever is higher.
4.3. In case you have asked us to bill the receiver or a 3rd party you agree to pay for all transportation charges if the receiver or 3rd party refuses the shipment or refuses to pay.
5. COMPANY LIABILITY
The Company is responsible for loss, damage and destruction of the shipment caused only by the negligence of its employees.
6. LIABILITY LIMITS
6.1. Our liability, unless your shipment is insured, for any loss and damage however occasioned, regarding any shipment, is limited to the lowest of these three amounts.
- 500.000 rol
- The actual amount of any loss or damage suffered by you
- The actual value of the shipment. This does not include any commercial value or special value to you or to any other person
6.2. Actual value means the lowest of the following amounts, determined as at the time and place we accepted the shipment.
Documents:
- The cost of repairing or replacing the documents, or
- The cost of reconstructing or reconstituting the document.
Parcels:
- The cost of repairing or replacing the parcel, or
- The resale or fair market value of the parcel.
The actual value of a parcel cannot be more than the original cost to you plus 10 per cent
7. EXCLUSION OF LIABILITY
7.1. The Company will make every reasonable effort to deliver your shipment according to our normal delivery schedule but these are not guaranteed and do not form part of this contract.
7.2. The Company is not liable if a shipment is lost, damaged or mis-delivered because of circumstances beyond its control. These include:
* Natural disasters, for example: earthquake, storm, cyclone or flood.
* “Force major”, for example war, train crash or embargo.
* Any defect or characteristic to do with the nature of the shipment, even if the Company knew when accepted it.
* Any action or omission by anyone outside the Company. For example:
- The sender;
- The receiver;
- An interested 3rd party;
- Other Government institutions;
- Other carrier or other third party who we contract to serve locations that we do not serve directly.
7.3. The Company is not liable for electrical or magnetic damage, or for loosing electronic or photographic images or recordings. The whole risk belongs, in this case, to the sender.
7.4. The Company is not liable, whether they arise in contract or any other form of civil action, or whether they are happening from our fault or negligence, for
- Indirect or special damages or looses which include but are not limited to: breaking of dealings or other contracts, not signing in time of other contracts, lost income, profits, market, looses or damages caused by transport’s delay, looses of other benefits provided by the content of shipment;
- Any other indirect looses.
8. SENDER LIABILITY
8.1. The sender, by his signature of authorization on the waybill, is liable for:
- The content of the shipment has been properly described and the receiver address is accurate, complete and legibly completed;
- The content of the shipment has been labeled and packed to be protected against usual risks of transport.
- The content of the shipment is not prohibited or restricted.
- Had declared any dangerous goods, according to the legislation in force or with the regulations available at Company’s offices, or sent to the sender.
- Keeping the dead-line for transportation payment.
8.2. The sender agrees that, in case of breaking any provide of paragraph 8.1, he is the only liable one, and he will make the Company up for any damages and will cover any expense (including the judiciary one) caused to the Company, direct or indirect
8.3. The sender assures the Company that he will not allow to any other person who has interest in the shipment to make a request or a petition regarding the shipment, doesn’t matter if the Company has or has not a fault, and that he will make the Company up for any damages or expenses the Company will support in case of those 3rd parts actions.
9. CLAIMS
9.1. The right for claiming for the losses (including missed deliveries) or damages of the shipment belongs to the sender only, who must meet the following.
9.2. The claim must be in writing and must contain the following.
- Sender name;
- Receiver name;
- Shipment date;
- Waybill number;
- Proof of transportation charges payment.
9.3. Claims must be made within 7 days from the shipment pick up date, considering as term extinction the date when the claim arrived at any Company’s office. All claims made after the 7 days period will be void.
9.4. All claims must be personally delivered or send by post at the Claims Department.
9.5. Our liability regarding any losses or damages is from the shipment pick up date until the end of claim term.
10. INSURANCE
The Company recommends you to insure your shipment. Details concerning insurance are available at any of the Company’s offices.
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