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Terms and Conditions - Forwarder

Article I - Basic Provisions

(1) These General Business Terms and Conditions of the Forwarder (hereinafter “Forwarder Terms”) are issued by edysea s.r.o. for the purpose of regulating the rights and obligations of the contracting parties to the forwarding contract (hereinafter “forwarding contract”), which is concluded by edysea s.r.o., with registered office at Hlavná 329/4, 900 23 Viničné, Slovak Republic, ID No.: 44 530 439, registered in the Commercial Register of the District Court Bratislava I, in section Sro, file no. 55756/B (hereinafter “Forwarder”) and a natural person, legal person and other legal entities that are entrepreneurs (hereinafter “Principal”). The Principal concludes and performs the forwarding contract within the scope of its business activities. The subject of the forwarding contract is the regulation of mutual rights and obligations of the contracting parties arising from the procurement of shipment transport.

(2) Shipment transport means either domestic transport of the shipment or international transport of the shipment. Domestic shipment transport means transport of the shipment if the place of acceptance of the shipment and the expected place of its delivery (hereinafter “place of destination”) are located in one state. International shipment transport means transport of the shipment if the place of acceptance of the shipment and the place of destination are located in two different states.

(3) By the forwarding contract, the Forwarder undertakes to the Principal to procure the transport of the shipment from a certain place (place of origin) to a certain other place (place of destination) and the Principal undertakes to pay a fee to the Forwarder.

(4) These Forwarder Terms are an integral part of the forwarding contract concluded between the Forwarder and the Principal (hereinafter collectively “Contracting Parties”). Different provisions of the forwarding contract take precedence over the provisions of these Forwarder Terms. Any deviations from these Forwarder Terms must be agreed in writing between the contracting parties, otherwise they are invalid.

(5) Legal relationships established by the forwarding contract are governed by Law no. 513/1991 Z.z. Commercial Code, as amended (hereinafter “Commercial Code”), in particular Part XIII, Forwarding Contract, by other legal regulations of the Slovak Republic and by these Forwarder Terms, as well as by the General Forwarding Conditions of the Association of Logistics and Forwarding of the Slovak Republic. In case of conflict between the provisions of the General Forwarding Conditions of the Association of Logistics and Forwarding of the Slovak Republic and these Forwarder Terms, these Forwarder Terms shall apply.

(6) The Forwarder is entitled to perform the obligations under the forwarding contract himself or through third parties (subcontractors). The Forwarder is also entitled to entrust the transport of the shipment to a carrier and to use other services of third parties in connection with the transport of the shipment. The Forwarder is responsible for the performance of obligations arising from the forwarding contract also in the case of use of third parties.

(7) The Forwarder’s liability is limited as specified in these Forwarder Terms and the applicable laws and regulations.

(8) edysea s.r.o. is the data controller within the meaning of the applicable personal data protection regulations and will process personal data in accordance with its privacy policy.

Article II - Order of Transport and Conclusion of Forwarding Contract

(1) The forwarding contract is concluded upon acceptance of the Principal’s order by the Forwarder. The Principal’s order must contain at least the following information: origin and destination, type and parameters of the shipment, preferred transport mode, and the name and contact details of the Principal.

(2) The Forwarder will provide the Principal with a quote or confirmation of the order, including the price and time of transport. If the Forwarder cannot accept the order, it will notify the Principal without undue delay.

(3) The forwarding contract becomes binding when the Forwarder accepts the Principal’s order. The Forwarder confirms the conclusion of the forwarding contract by sending a written confirmation to the Principal.

(4) The Principal is obliged to provide all necessary information about the shipment for proper transport, including information about dangerous goods, if applicable. Incorrect or incomplete information provided by the Principal releases the Forwarder from liability for damages resulting from such information.

(5) The Principal may change the order or cancel it before the Forwarder begins transport. Cancellation or change of the order may result in charges to be borne by the Principal as specified in the forwarding contract or in the price offer.

(6) If the Principal does not take possession of the transported shipment at the place of destination, the Forwarder is entitled to demand payment of the full transport price and storage costs from the Principal.

Article III - Rights and Obligations of Contracting Parties

(1) The Forwarder’s obligations: to perform the transport professionally and per contract; to protect the shipment from damage and loss; to inform the Principal about shipment status; to deliver at the agreed place and time; to treat the shipment per agreed methods; and to comply with all applicable legal regulations.

(2) The Principal’s obligations: to provide accurate information about the shipment; to pay the transport fee at the agreed time; to prepare the shipment per applicable regulations; to provide all necessary documentation for customs clearance; and to inform the Forwarder about special requirements.

(3) The Principal is responsible for the accuracy of all information provided. If the Principal provides false or misleading information, the Forwarder is not responsible for any damage resulting from such information.

(4) Insurance: The Forwarder offers insurance options for shipments. The Principal may choose to insure the shipment against damage or loss. Insurance terms and conditions will be provided separately.

(5) Liability limitation: The Forwarder’s liability for loss or damage to the shipment is limited to the declared value of the shipment or to the agreed compensation amount specified in the forwarding contract.

Article IV - Final Provisions

(1) Payment terms: The invoice is issued upon completion of the transport service. Payment must be made within 14 days from the invoice date unless otherwise agreed. Late payment is subject to contractual penalties.

(2) Dispute resolution: Any disputes arising from the forwarding contract shall be resolved in accordance with the Commercial Code and the applicable laws of the Slovak Republic.

(3) Modification of terms: The Forwarder reserves the right to modify these Forwarder Terms. Changes will be announced in advance. The Principal’s continued use of services after notification constitutes acceptance of the modified terms.

(4) Applicable law and jurisdiction: These Forwarder Terms and the forwarding contract are governed by the laws of the Slovak Republic. The parties agree to the jurisdiction of the Slovak courts.

(5) Validity: If any provision of these Forwarder Terms is found to be invalid or unenforceable, the remaining provisions shall remain valid. The invalid provision will be replaced by a valid one that best corresponds to the intent of the original provision.

(6) Contact information: For all communications and inquiries regarding the forwarding contract, the Principal should contact edysea s.r.o. at: Address: Hlavná 329/4, 900 23 Viničné, Slovak Republic, Email: info@edysea.sk, Phone: +421 905 599 212.

These Terms and Conditions come into effect on the date of publication and remain valid until further notice.

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