General Terms and Conditions

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1 Application

1.1 All transportation activities carried out by General Logistics Systems Finland Oy (in the following called “GLS”). The General Terms apply to our customer whether the activities are carried out by GLS or by one of our subcontractors.

1.2 Unless otherwise stated in these General Terms, service specific terms provided in writing or a separate written contract between GLS and the customer, the provisions of the General Terms of the Nordic Association of Freight Forwarders (NSAB 2000) apply.

1.3 These terms and conditions cannot be altered or exceptions or additions made to them without a written agreement with GLS. Any alterations, exceptions or additions made in any other way shall be considered invalid.

1.4 If you conclude the contract as a consumer, these General Terms and Conditions do not affect (and should not be read to affect) your statutory rights as a consumer. These rights cannot be waived or limited by contract.

1.5 These General Terms and conditions are applied to shipments sent on or after 1.4.2015 and replace all previous General Terms and Conditions of GLS.

2 Services

2.1 GLS plans and undertakes the distribution of consignments, including sorting and delivery.

2.2 Consignments may be delivered or picked up at an unattended location specified by a written or verbal agreement between GLS and consignee/consignor. In such cases, GLS will regard the consignment as delivered correctly, when the consignment is delivered at the specified location. In the case of pickups the responsibility of GLS will only begin when the shipment is successfully picked up from the agreed location.

2.3 GLS may deliver to any person at the address. It is the responsibility of the recipient to pass on the goods to any named consignee.

2.4 In the event that the consignee premises are unattended, GLS may hand in the parcel at a GLS ParcelShop, a GLS depot or another pickup location attended by a subcontractor of GLS. Consignee will be informed about this. After 10 workdays GLS will return the consignment to the consignor. In some destination countries the deliveries are also made directly to a GLS ParcelShop, a GLS depot or a pickup location, depending on the area and the consignee.

2.5 Return freight, re-delivery and re-direction of parcels may result in extra cost to the shipper.

2.6 GLS does not distribute to post box addresses.

2.7 GLS does not transport COD (Cash on Delivery) shipments.

3 Packaging and Content

3.1 The customer is responsible for providing adequate and secure packaging and for ensuring that each parcel is adequately labeled. If packing material is reused, any old labels must be removed or carefully covered over before shipping. The customer should be aware that if parcels strapped or taped together and only provided with a single label come apart, no compensation will be paid. In such cases, GLS will only pay compensation for the parcel carrying the label. GLS does not check the packaging and will not pay compensation for any damage to the consignment if the damage has been caused by negligent or intentional shortcomings in the packaging of the shipment.

3.2 Parcels must be packed to withstand handling at a sorting system where markings including but not limited to arrows, “fragile”, “handle with care” etc. cannot be taken into account.

3.3 Fragile items or items containing electronic or technical devices must be packed with special care. Consignor must ensure that displacement, pressure or shock, neither between objects nor between the content and the packaging, cannot happen. All cavities must be filled with a suitable material to protect the content. If shipment contains goods with liquid content, the shipper must make sure that no leakage can take place. Regardless of this the packaging must contain absorbent material that will prevent the spreading of any possible leakage.

3.4 GLS will not accept shipments that contain any of the following for transport:

• Hazardous goods
• Live or dead animals
• Human remains
• Firearms or parts of firearms.
• Items prohibited by law in the consignor’s, the consignee’s or transit countries.
• Perishable goods
• Cash or cash equivalents
• Goods subject to import, export or distribution bans in the consignor’s, the consignee’s or transit countries.
• Cigarettes, tobacco, alcohol and alcoholic beverages.
• Goods transported under the TIR convention or ATA-carnet.
• Goods for temporary import or export to or from countries outside the European Union.
• Goods or parcels the sending of which are prohibited under all applicable sanctions laws, for example because of their contents, their intended recipient or the country to or from which they are to be sent. Sanctions laws include all laws, regulations and orders imposing sanctions (including trade restrictions and economic sanctions) on countries, individuals or entities, including without limitation those imposed by the United Nations, the European Union and the member states of the European Union.

More information on embargos and sanctions

3.5 GLS may reject goods or interrupt the distribution if there is reason to suspect that the shipment contains goods described in 3.4.

3.6 The customer must pay compensation for any direct or indirect loss afflicted to GLS, our subcontractor or other customers as a result of content described in 3.4 and for any direct or indirect loss caused by inadequate packaging as mentioned in 3.1-3.3.

4 Payment

4.1 Distribution is according to agreement and the current price list. The price list can be obtained from GLS at any time.

4.2 Payment is due fourteen (14) days from the date of the invoice. Late payment will accrue interest at the rate of 11.5 % per year or part thereof (calculated by actual calendar days). If GLS has to send a reminder for an expired invoice EUR 10 (VAT 0%) per reminder will be charged.

4.3 The customer does not have the right to deduct any contested or uncontested receivables it may have from GLS from GLS invoices.

4.4 If freight or other costs are payable by the consignee and the consignee fails to pay, the customer must pay the amount in question to GLS. In connection with deliveries outside the EU, GLS may collect all amounts (including VAT and customs duty) from the customer if the consignee fails to pay on time. GLS is never obliged to collect the debt from the consignee in such cases.

5 Retention and Lien

5.1 GLS is entitled to retention and lien on goods and for all costs not paid by the customer or the consignee to GLS.

5.2 If the customer fails to pay these costs, GLS may sell the goods through proper channels to cover the outstanding costs. As far as possible, GLS must notify the customer well in advance if such actions are planned.

6 Claims

6.1 Claims must be made directly to GLS and in writing.

6.2 In the event of visible damage or shortage, the consignee must notify the delivery driver or other representative of GLS immediately on delivery and file a claim to GLS within five working days of delivery.

6.3 In the event of internal damage or shortage not visible to the outside, the customer must file a claim to GLS within five working days of delivery.

6.4. In the case of lost or delayed shipments a claim must be filed within 30 days of shipping or within 14 days of estimated delivery date (if given). However, in case of delayed shipments the claim must be filed no later than 5 business days from the delivery date.

6.5 If a claim is not done as described in 6.1-6.4 the claim is invalid and the customer and/or the consignee lose the right to compensation.

6.6 The consignee must make any damaged consignments available for collection in the original packaging at the delivery address. If this is not possible, the customer and/or the consignee lose the right to compensation. GLS may ask for photos showing the extent of the damage.

6.7 If the damaged consignment is transported by a party other than GLS before the consignment has been inspected as set out in 6.6, the customer and/or the consignee lose the right to compensation.

7 Limitation of time

7.1 Any legal proceedings against GLS must be initiated within a period one (1) year. The period is calculated as follows:

- In the event of damage or shortage the period is calculated from the delivery date (see 2.2-2.3) or the day when GLS sent a notice of failed delivery attempt or delivery to a pickup location as set out in 2.4 (earliest date applies).

- In other cases (disappearance, delay, etc.), the period is calculated from date when the loss, delay or other such event was noted or could have been noted (earliest date applies).

8 Limitation of Responsibility

8.1 GLS is responsible for the consignments from the moment GLS receives them (against receipt or scanning) until the consignments are delivered (see 2.2-2.3) or until such time as GLS interrupts the distribution based on law or as stated on 3.5. The liability of GLS will in all circumstances terminate no later than 15 days from the day when GLS notifies the consignee of the arrival of the consignment either verbally or in writing to the consignee address provided by the customer.

8.2 If the shipper or the consignee takes part in loading or unloading the shipment the liability of GLS shall begin when the loading is finished and end when the unloading begins.

8.3 GLS replaces disappearance or damage in accordance to the rules in NSAB 2000, which among other things implies that the liability of GLS is limited to SDR 8.33 per kg.

8.4 If the shipment is sent using AddOnInsuranceService GLS compensates the value of the parcel excl. VAT and any deductible set in the insurance terms, however max. EUR 3360 per transport unit.

8.5 Compensation under AddOnInsuranceService can only be paid if the customer has ordered the service in writing before the shipping. The service may not be available for all transport services and shipments. The AddOnInsuranceService cannot be added after shipping.

8.6 High-value goods such as precious metals, precious jewellery, antiques, paintings or works of art cannot be sent as AddOnInsuranceService.

8.7 If the shipper or the consignee has received or is entitled to any compensation for the same event based on insurance they may hold, GLS has the right to deduct any such compensation from its liability or compensation paid based onAddOnInsuranceService.

8.8 GLS cannot be held liable for any disappearance, damage or delay of shipments that are not packed in accordance to 3.1-3.3, contain any of the forbidden content described in 3.4 or if the damage, loss or delay is the result of acts or omissions by the customer or the consignee or delays in customs clearance, that are beyond the control of GLS.

8.9 No compensation will be paid based on AddOnInsuranceService for any disappearance or damage of shipments that are not packed in accordance to 3.1-3.3, contain any of the forbidden content described in 3.4 or if the damage or loss is the result of acts or omissions by the customer or the consignee.

8.10 In the event of a delay, the liability of GLS is always limited to max. the freight cost for the delayed transport unit. GLS will only pay compensation for delays of more than 10 business days from the expected date of delivery. No additional compensation for any delay is paid based on AddOnInsuranceService.

8.11 GLS does not compensate damage to goods sensitive to temperature, which is damaged, perishes or deteriorates in quality as a result of temperature variations.

8.12 GLS is not liable for indirect losses, operating losses, loss of profit or any other losses. GLS is not liable for losses caused by circumstances that can be classified as force majeure, work stoppage, strike, war, natural disasters, etc.

8.13 Valuation is as follows:

• New Items are valued at cost price excl. VAT.
• Used goods are valued at the current market value or cost excl. VAT., where the lowest value is valid.

9 Jurisdiction and venue

9.1 All disputes relating to the cooperation agreement and to these General Terms and Conditions shall be governed by Finnish law.

9.2 Any disputes over EUR 30 000 in value must be decided in arbitration as per §31 of the NSAB2000 terms. For any disputes under EUR 30 000 or disputes that should not be solved in arbitration according to NSAB2000, the district court of Varsinais-Suomi (Varsinais-Suomen käräjäoikeus, Turku) shall be the place of jurisdiction.

9.3 Should any individual term in these General Terms and Conditions be considered legally invalid or unenforceable, it will not affect the validity of the rest of the terms.

This translation of the General Terms and Conditions is made for convenience reasons only. For all disputes arising from or in conjunction with the General Terms of Conditions of GLS, only the text of the corresponding Finnish version of the General Terms and Conditions (Toimitusehdot) of GLS shall be legally binding.