S.P.A. logistics

General terms and conditions

General

With acceptance of our offer Ordering party (hereinafter referred to as: Customer) is accepting all terms of »General Terms and Conditions of International Freight Forwarders of Slovenia« (Uradni list RS, št. 67/2009, dated 24.8.2009 - http://www.pisrs.si/Pis.web/pregledPredpisa?id=DRUG3300) as an integral part of the forwarding contract. These are applied subsidiarily to these General Terms and Conditions of the offer. On a prearranged route, sea transport can be replaced by air or land transport, but only within the agreed route. In no case can our responsibility exceed the framework defined by international legal acts, in particular the Warsaw Convention, or the conditions defined by CMR, CIM, B/L or AWB. We operate according to the provisions of the General Terms and Conditions of Business of International Freight Forwarders of Slovenia, unless otherwise stipulated in these General Terms and Conditions of the offer. The price of the services stated in the offer or contract does not include insurance coverage, unless this is expressly agreed in writing. The freight forwarder is obliged to provide cargo insurance only on the basis of an expressly order for each individual shipment. If cargo insurance is not expressly agreed upon, the responsibility of S.P.A. logistics, d.o.o. is limited to the standard business conditions, as defined below and/or the conditions printed on the waybill, air waybill or other comparable document.

Payment terms

The payment term is 8 days from the date of the invoice, unless otherwise mutually agreed. Billing and payment of all services is carried out in EUR, unless otherwise expressly agreed and confirmed by the forwarder. In case of a request from the customer to bill for services in a foreign currency (USD, CNY, etc.), the freight forwarder has the right to charge an additional fee to cover the costs incurred because of the conversion from the domestic currency (EUR) to the foreign currency. Conversions into foreign currency are calculated based on the average exchange rate of the Central Bank of Slovenia, valid on the day when the conversion takes place. The prices stated in the offer do not include tax (VAT). This will be calculated on the net value of the invoice at the applicable tax rate on the day the invoice is issued. All possible costs incurred as a result of untimely payment or even non-payment of the invoice are borne exclusively by the customer of the service - the payer. In case of untimely payment or even non-payment, the freight forwarder reserves the right to charge legally defined late-payment interests from the first day following the due date of the invoice.

Consistency of shipment information

The customer is responsible for compliance with legal requirements regarding timeliness, completeness, and accuracy of shipment information. The buyer is aware that late, incomplete, or incorrect information can have serious consequences, which can result in large fines from government or regulatory authorities. The customer must reimburse to S.P.A. logistics d.o.o. all possible fines, penalties, losses, costs and damages that it may cause to S.P.A. logistics d.o.o. or to a third party (for example another customer at S.P.A. logistics d.o.o.) due to late, incomplete or inaccurate information provided by the customer. In addition, the Client shall bear the costs associated with any governmental or regulatory organization practices, surcharges, procedures, or regulations unknown at the time of the offer and introduced during the period of validity of the prices.

Transit times

All transit times, mentioned on the offer are estimated transit times, valid at the time of provided offer and are subject to change at the time of actual order and/or booking. Unless expressly written on the offer, all mentioned transit times are valid only between origin and destination airports (for air freight), ports (for ocean freight) and terminals (for road freight). Unless otherwise stated on the offer all transit times are not including any origin and/or destination related activities, such as pick up, delivery, handlings and manipulation, storage, demmurage/detention, loading and unloading, all customs related activities and/or any other necessary activities that may be required and can cause additional delays in process. Freight forwarder shall not be hold responsible or liable for any delays. In case of any time critical or time sensitive shipping, it is customers responsibility to advise this at the time of inquiring for particular service at freight forwarder. Without any such requirements, freight forwarder will offer most economic solutions, which are usually also more time consuming in the process of transportation.

Wooden packing material

In general, wooden packaging material is widely used in the trade of various goods. Most of the time, it is made of inferior wood, which is why it poses a high risk of the input and spread of organisms, harmful to plants. That is why the International standard for Phytosanitary Measures no. 15 (ISPM – 15) was accepted and implemented on global level (as part of FAO – International konvetion for plant protection). The sender is responsible for the compliance of the wooden packaging material with the international standard ISPM - 15, so before packing the shipment, check the requirements and conditions at https://www.gov.si/teme/lesen-pakirni-material-lpm/

Lien and right of retention

In order to secure the payment of his claims (unpaid receivables), which arose in connection with the freight forwarding contract, the freight forwarder has, under the conditions specified in the applicable regulations, a right of lien and retention of the cargo that has been delivered to him, as long as he is in possession of it or as long as he has the document in his hands, which enables him to dispose with cargo. This right also extends to the money that the freight forwarder receives upon handing over the cargo to the recipient, or other amounts or things that the freight forwarder receives in exchange for the cargo (e.g. amounts received when the cargo is sold by itself). The freight forwarders right of lien and retention from the previous paragraph of this article extends both to claims (unpaid receivables) against the customer from the specific service order, on the basis of which the freight forwarder is in possession of cargo or funds, as well as to claims (unpaid receivables) against the customer from all other executed service orders for the same subscriber of the service. It is considered that at the moment of placing the order for the service, the lien agreement is also concluded and that the right of lien arises at the moment when the cargo or the document, on the basis of which the freight forwarder is entitled to receive it, or the money, is handed over to the freight forwarder. In the event of non-payment of any claim (unpaid receivables) by the customer upon its due date, the freight forwarder has the right to sell the cargo on which it has a lien or right of retention from the previous paragraphs out-of-court, namely in accordance with the regulations governing obligations and real legal relationships, insofar as they do not conflict with the following procedure. The freight forwarder must inform the customer (debtor) at least 8 days before the intended out-of-court sale , whereby he is not obliged to indicate the exact date, time and place of the out-of-court sale, but he is obliged to indicate the method of out-of-court sale and the asking price at which he will start selling the goods. The freight forwarder is obliged to inform the customer (debtor) about the exact date, time and place of the out-of-court sale at least 3 days before the intended out-of-court sale, whereby the notice on the forwarder's website is also considered as relevant notification. The asking price determined by the forwarder is valid. The customer (debtor) can object to the asking price within 3 days of receiving the notification; in this case, the goods are assessed by a court appraiser. The costs of appraiser are borne by the customer (debtor), in such a way that he is obliged to transfer to the forwarder an amount of EUR 1,500.00 as an down payment within the deadline for objecting to the asking price, or, if necessary, a higher amount notified by the forwarder; the remainder of the down payment is returned by the freight forwarder to the client (debtor) after final payment of the appraiser. In case customer (debtor) does not deposit down payment on time, the goods are sold at the asking price set by the freight forwarder. The customer (debtor) has 8 days from the receipt of the notification of the out-of-court sale, to inform freight forwarder about the potential buyer (including his contact information), who is interested in purchasing the goods. Such a potential buyer is invited by the freight forwarder to an out-of-court sale under the same conditions as other potential buyers. Freight forwarder will inform customer’s potential buyer to a contact, provided by customer (debtor). The freight forwarder publishes the notice of out-of-court sale on his website, but may also publish it in other media, but is not obliged to do so. As far as the goods are sold out-of-court by public auction, the freight forwarder keeps a record of its course. The freight forwarder can ask potential buyers to pay a deposit, in order to participate in the out-of-court sale. The freight forwarder is entitled to charge the customer (debtor) an amount of EUR 450.00 in the case of a public auction and in the case of a sale by direct contract, based on the market price in the amount of EUR 250.00, in both cases regardless of the success of the out-of-court sale attempt. In the sales contract after a successful out-of-court sale, the freight forwarder is obliged to specify exactly what part of the sales price is the purchase price for the goods of the customer (debtor).

Road freight specific terms and conditions

Offer from S.P.A. logistics d.o.o. (hereinafter: freight forwarder) includes only the transactions that are expressly stated therein and, unless expressly agreed otherwise in writing, only applies to the transport of general, stackable cargo (it does not apply to goods that require special treatment or have specific restrictions, such as: dangerous goods, temperature-sensitive goods, oversized cargo, excise-tax goods, live animals, antiques, works of art, weapons, ammunition, high-value goods and all goods whose production, possession and circulation are prohibited by law). Whether the goods are subject to special requirements and/or restrictions, the freight forwarder must be notified in advance by the customer, who expresses a desire to organize the transport. The offered prices include only those freight forwarder services that are listed in the offer. As far as the final price is stated in the offer, it is only a tentative, estimated total of the prices of the services listed in the offer, and not a forwarding with a fixed payment. Insofar as forwarding is agreed with a fixed payment (such an agreement must always be expressed unambiguously by the customer and confirmed in writing by the forwarder), the offered price (flat rate) contains only those services that are absolutely necessary for the execution of the order, and does not include the reward and costs for tasks that are not usual or that require an unusually large amount of effort/time or that are otherwise not necessary, but are useful for the customer, as well as payments for other services and costs that are not covered by the flat rate. Unless previously agreed otherwise, the offered price does not in any case include the following services, which are considered as additional services that must be explicitly ordered by the customer in advance: pick-up and delivery of goods with vehicles equipped with a lifting ramp, delivery of pallets and palletizing of goods , exchange of pallets in case of damage or other reasons, input and output manipulation of goods, repacking of goods, sorting or additional packaging of goods, costs of various customs procedures, including payment of customs duties and taxes, special payments for services to third parties (handling costs) and manipulations with use of lifting platforms. Loading and unloading points must also be accessible to standard tractors or larger trucks with trailers. If the loading or unloading place is not suitable, the freight forwarder is entitled to payment of all additional costs incurred as a result, or until payment for the service that he could not perform due to an inadequate loading or unloading place, as well to payment for the service of the successful transport organization. By delivering or handing over the cargo to the freight forwarder for transport, the customer declares that he confirms the weight of the cargo in accordance with the applicable SOLAS regulations regarding "verified gross weight" (VGM), which is valid from July 1, 2016 (available at www.imo.org) and undertakes to indemnify the forwarder and its agents and partners for any damages resulting from misspecification of weight, including but not limited to penalties for excess maximum cargo, damage and/or delay in unloading third-party consolidated cargo or delays in loading ocean cargo vessels.


Validity

The offer is valid for 7 days, unless otherwise stated in the offer itself. The written confirmation of the offer by the customer or the order of the service simultaneously means full acceptance of these General Terms and Conditions. The forwarder's offer is binding only if it is explicitly stated in the offer itself that it is binding. As far as this is not stated, ordering the transport represents a confirmation only as per provided offer, if/when the freight forwarder accepts such order that then becomes forwarding contract. In the case of a non-binding offer, after its confirmation or the order of the service, the freight forwarder provides the customer with a confirmation, which can also be conclusive (execution of the order). The offer is created based on all available information about the shipment (mainly information provided by the customer) and other currently valid conditions on the market. We reserve the right to correct prices in the event of significant changes to the logistics business or shipment data (weight, volume, dimensions, frequency, characteristics of the goods, packaging method, intended destination and other factors that may affect changes in the costs of the organization of transport.) and in the event exceeding the minimum/maximum volumes.


Priprava pošiljke za prevzem

Each shipment must be correctly marked/labeled before shipping and, considering the selected type and method of transport, properly and sufficiently packaged. The cargo must be packaged in such a way that it is protected against all normal transport and manipulation risks (taking into account the specific circumstances of the transport - length of the route, amount of goods, etc.) and that it is not possible to reach inside the packaging without visible damage to the packaging (access to the goods themselves. In addition to commercial packaging, the shipment must always be packed in transport packaging, which prevents the shipment from being damaged during transport. In the event of missing markings and or labels on the shipment, or inadequate or even damaged packaging, we reserve the right to temporarily refuse acceptance and dispatch the shipment. Any additional service related to inadequate packaging and/or marking of the shipment will be charged additionally by the freight forwarder.

Air freifreight specific terms and conditions

Offer from S.P.A. logistics d.o.o. (hereinafter: freight forwarder) includes only the transactions that are expressly stated therein and, unless expressly agreed otherwise in writing, only applies to the transport of general, stackable cargo (it does not apply to goods that require special treatment or have specific restrictions, such as: dangerous goods, temperature-sensitive goods, oversized cargo, excise-tax goods, live animals, antiques, works of art, weapons, ammunition, high-value goods and all goods whose production, possession and circulation are prohibited by law). Whether the goods are subject to special requirements and/or restrictions, the freight forwarder must be notified in advance by the customer, who expresses a desire to organize the transport. The offered prices include only those freight forwarder services that are listed in the offer. As far as the final price is stated in the offer, it is only a tentative, estimated total of the prices of the services listed in the offer, and not a forwarding with a fixed payment. Air freight (freight) and other associated costs incurred at the origin and/or destination side are charged according to the chargeable weight. The accounting weight is determined using a ratio of 1:6, which means that e.g. the volume weight of 1 cubic meter is 167 kilograms, except when this is explicitly stated on the offer. In addition to the amount according to the offer, costs for which the forwarder is not responsible and or couldn’t predict them at the time of offer, e.g. unforeseen storage costs, packing and repacking costs, detention costs, customs duty costs, shipment withdrawal costs, customs inspection, sanitary/veterinary inspection and other costs that may arise and are not explicitly stated in the offer will be billed to customer subsequently. Freight forwarder liability covers only damage that occurs as a result of the freight forwarder's breach of obligations. If the damage is caused by the carrier, the forwarder is only responsible for the choice of the carrier, except in the case of fixed forwarding. In any case, the forwarder's liability is limited in accordance with applicable regulations and general conditions. Transit times are given on the basis of estimated transit times exclusively between the departure and destination airport (airport - airport), unless explicitly stated otherwise in the offer and are purely informative and non-binding for the forwarder. The customer obliged to provide an invoice and a packing list (list of goods) before the arrival/departure of the shipment. Otherwise, the customer of the service is obliged to cover all possible costs that would arise due to the delay of the shipment.


Validity

The offer is valid for 7 days, unless otherwise stated in the offer itself. The written confirmation of the offer by the customer or the order of the service simultaneously means full acceptance of these General Terms and Conditions of the offer. The forwarder's offer is binding only if it is explicitly stated in the offer itself that it is binding. As far as this is not stated, ordering the transport represents a confirmation only as per provided offer, if/when the freight forwarder accepts such order that then becomes forwarding contract. In the case of a nonbinding offer, after its confirmation or the order of the service, the freight forwarder provides the customer with a confirmation, which can also be conclusive (execution of the order). The offer is valid for all orders and all shippings during the specified validity period and depends on the availability of capacity of aircrafts and the possibility of shipping. The offer is based on the market situation at the time of concluded contract. To the extent that there are significant changes in air freight charges, fuel and security surcharges of the selected airline, we reserve the right to correct our pricing. We reserve the right to correct prices in the event of significant changes to the logistics business or shipment data (weight, volume, dimensions, frequency, characteristics of the goods, etc.) and in the event of exceeding the minimum/maximum volumes.

Ocean freigh specific terms and conditions

In addition to the amount according to the offer, S.P.A. logistics d.o.o. (hereinafter: forwarder) may charge additional costs, e.g. unforeseen storage costs, packing and repacking costs, costs of holding the container, demurrage/detention, costs of standing at the customs, costs of departure of the shipment, customs inspection, sanitary/veterinary inspection and other unforeseen costs that may arise and are not part of the offer. Freight forwarder liability covers only damage that occurs because of the freight forwarder's breach of obligations. If the damage is caused by the carrier, the forwarder is only responsible for the choice of the carrier, except in the case of fixed forwarding. In any case, the forwarder's liability is limited in accordance with applicable regulations and general conditions. The transit times are given on the basis of the estimated transit times between the origin and destination ports and are purely informative and non-binding for the freight forwarder. The customer is obliged to provide an invoice and a packing list (list of goods) before the arrival/departure of the shipment. Otherwise, customer covers all possible costs incurred due to the delay of the shipment. Unless otherwise stated, the offer applies to general goods that are downloadable. Offer does not apply to cargo with special requirements and restrictions (oversized cargo, dangerous goods that cannot be loaded, temperatureregulated cargo, alcohol, cigarettes, food, etc.), unless it’s expressly mentioned on the offer. The freight forwarder must be made aware of the fact that cargo contains goods with special requirements and restrictions. The goods must be suitable for transport by sea and within the dimensions. In addition, LCL cargo must be stackable, must not be too large (less than 5.8 m in length and less than 2.2 m in width and height), must weigh less than 2,500 kg per unit, must not exceed 20 cubic meters of shipment volume, total shipment weight must not exceed 10,000 kg and must not contain personal belongings. Offers for the transport of dangerous goods only refer to the following classes, unless otherwise specified:

Offers for transportation of temperature-controlled cargo do not apply to the following goods, unless otherwise stated: chemicals, hazardous or harmless; dangerous goods; pharmaceutical products (including blood plasma); high value cargo (over USD 200,000 per shipment); controlled atmosphere; “Cold Treatment” fruit; prohibited substances for transport in refrigerated containers, e.g. ammonium, tetramethylammonium, hydroxide, raw gum, menthol / menthol, phenol; fertilizer, animal hides, proteins, modified starch, enzymes."Freight charge" for LCL shipments is calculated based on the calculated weight. For LCL shipments, the billing weight is determined using a 1:1 ratio, which means that e.g. the accounting weight of 1 cubic meter is 1,000 kilograms. Costs on the origin and/or destination side for LCL shipments are calculated based on the billing weight. For LCL shipments, the billing weight is determined using a ratio of 1:3, which means that e.g. the calculated weight of 1 cubic meter is 333 kilograms. All LCL charges may be charged for a minimum shipment size. The minimum quantity is 1 cubic meter unless expressly stated otherwise. When receiving and delivering an FCL container, the total weight (weight of the goods + tare of the container) must not exceed the maximum capacity according to the regulations of the countries, where these containers will be transported and the specification of the transport equipment. Failure to comply may result in additional charges or refusal of carriage by the forwarder. All surcharges (including fuel price surcharge (BAF), currency exchange rate surcharge (CAF), low sulfur surcharge (LSS), IMO 2020 emission reduction compliance surcharge sulfur oxides, war risk fee, etc.) may fluctuate. The freight forwarder will pass on all surcharges charged by the carrier in connection with the client's shipments. The freight forwarder will stop or reduce the surcharge as soon as it is stopped or reduced by the actual carrier. The bill of lading service fee is billed per individual shipment. If for any reason the shipment needs to be split into multiple waybills, the forwarder reserves the right to charge the appropriate fees based on the number of waybills issued. Demurrage, detention and storage fees are calculated according to the conditions in the offer; additional costs may be charged if market conditions change. For shipments where the freight forwarder is responsible for import services only, unless otherwise agreed, we must receive one certified original waybill, delivery note and commercial invoice by post before the ship arrives at the port of destination. By delivering or handing over the cargo to the freight forwarder for transport, the customer declares that he confirms the weight of the cargo in accordance with the applicable SOLAS regulations regarding "verified gross weight" (VGM), which is valid from July 1, 2016 (available at www.imo.org) and undertakes to reimburse all costs to the forwarder and its agents and partners for any damage resulting from miss-specification of weight, including but not limited to penalties for excess maximum cargo, damage / delay due to unloading of third party.


Validity

The offer is valid for 7 days, unless otherwise stated in the offer itself. The written confirmation of the offer by the customer or the order of the service simultaneously means full acceptance of these General Terms and Conditions of the offer. The forwarder's offer is binding only if it is explicitly stated in the offer itself that it is binding. As far as this is not stated, ordering the transport represents a confirmation only as per provided offer, if/when the freight forwarder accepts such order that then becomes forwarding contract. In the case of a nonbinding offer, after its confirmation or the order of the service, the freight forwarder provides the customer with a confirmation, which can also be conclusive (execution of the order). The offer is valid for all orders and all shipments during the specified validity period and depends on the available capacities on the market and the possibility of shipping. The offer is based on the balance at the time of the transaction. We reserve the right to correct prices if there are significant changes in fares and fuel surcharges and the safety of the selected shipping carrier. We reserve the right to correct prices in the event of significant changes to the logistics business or shipment data (weight, volume, dimensions, frequency, characteristics of the goods, packaging method, destination, etc.) and in the event of exceeding the minimum/maximum volumes.