Article no. 1
This terms and conditions are applicable for business relationships between customer and shipping company (Maťko and Kubko). When ordering, client agrees with the terms and conditions published on the site http://www.matkoakubko.co.uk/ and respects, that it have priority over the Commercial code and civil code, but it can not be in conflict with its mandatory provisions or with mandatory provisions of other legislation.
This terms and conditions are binding from the moment of the picking up the consignment by shipping company, unless it´s not agreed otherwise in writing by an authorized representative of the shipping company. For the purposes of these terms and conditions, “consignment” means all packages and related documentation, which are transported in one waybill and which may be transported in any method.
Each consignment will be transported under conditions of these “Terms and conditions”. If the sender requires ensuring consignment greater than it´s mentioned, the consignment may be insured for additional charge by mutual agreement.
Article no. 2
The customer agrees that the consignment is suitable for the transport and that it will be considered as unacceptable, if:
- will be classified as hazardous material, dangerous goods, prohibited things or things that transport is limited by the IATA (InternationalAir Transport Association), CAO (International Civil AviationOrganisation), ADR (EuropeanRoad Transport Regulation on dangerousgoods), any other competent governmental authority, or other relevant organization
- contains counterfeit goods, animals, precious metals, money, banderole /sticker on tax payment/, negotiable bearer documents, precious metals and stones, real firearms or imitation, of weapons, weapons, explosives and ammunition, human remains, pornography and illegal narcotics, drugs, alcohol, tobacco and tobacco products
- contains any other things, that the shipping company decides that they can´t be transported safely or legally (eg. motorcycle), or its packaging is damaged or inadequate
- consignment can´t be delivered to a post box or only to the postcode
The consignment is delivered to the recipient address notified by the customer (for which will be considered the first post office, which adopted items in case of postal services), but not necessarily a named recipient personally. Shipments addressed to an address of the central reception of shipments, will be delivered to the central reception. If the recipient refuses the shipment, or refuses to pay for delivery, or shipment will be considered as unacceptable, or recipient can´t be identified or located, the shipping company shall make a reasonable efforts to return a shipments to customer at his expense. If this isn´t possible, the shipment may be released, may be disposed freely, or may be sold by a shipping company without any liability to the customer or anyone else. Resulting profit will be used to cover the costs of services and related administrative costs and the rest of the profit will be returned to the customer.
Article no. 3
The shipping company has the right to open and inspect the consignment without the prior consent of the customer so as not to damage it.
Article no. 4
The prices of services are based on the actual or dimensional weight, accordingly whichever of them is higher. Any consignment may be weighed or measured by shipping company to confirm this calculation. Customer will overpay to shipping company all charges for dispatch, storage costs, duties, taxes, that customer owed to the shipping company for services, or charges that shipping company has made on behalf of the customer, recipient or any third party, and all claims, damages, fines and expenses incurred by the shipping company if the consignment is deemed as an unacceptable for transport.
Article no. 5
The shipping company enters into a contract with the customer under the conditions that the responsibility of shipping company is strictly limited to direct damages and limits in kg/lb. Any other kind of loss or damage are excluded (including lost profits, income, interest rate, future business), whether this loss or damage is special or indirect, even in case if the shipping company was notified about this risk of loss or damage, due to the fact, that client can insure consignment against the specific risk. If the transportation of the consignment consist of transport by road or another transport, it is presumed that any arising loss or damage will be considered as loss or damage incurred during transport by road, unless proven otherwise. Responsibility of the shipping company in respect of any transported consignment is limited to the actual cash value of the consignment and shall not exceed 12 USD/kg or 5,44 USD/lb. for consignment transported by road.
The claims are limited to one claim for compensation of the one consignment, and this compensation is considered as full and final compensation of all losses and damages related to it. The sender is required to make a special declaration of value and require insurance, if he considers these limits as insufficient, or sender can ensure his own insurance, for which he bears all risks of loss or damage.
All claims must be submitted to the shipping company in writing within 24 hours from the date, when the consignment has been received by shipping company, otherwise the shipping company assumes no responsibility.
The shipping company will make every effort to deliver the consignment in accordance with usual delivery times. But these delivery times are not guaranteed and are not part of this contract. The shipping company assumes no responsibility for any losses caused by late delivery. The shipping company isn´t responsible for any losses or damages caused by circumstances beyond its control. Such circumstances include, in particular but not limited to: “natural disasters” – eg. earthquake, cyclone, storm, flood, fog; “cases of force majeure” – eg. war, plane crash or embargo; any defect or property relating to species of the consignment, even if the shipping company knew about it; demonstrations or civil commotions; any act or omission of any person who isn´t an employee or contractor of a shipping company, such as customer, recipient, third person, customs office, or other government authorities; industrial action; electric or magnetic damage or deletion of electronic or photographic records, data or recordings.
The customer will indemnify and will relieve of the liability the shipping company for any loss or damage resulting due to that the customers failed to comply the provisions or applicable law or regulations, or due to the customer breaches any of these representations and warranties:
- All information provided by the customer or by his representative are correct and complete
- The consignment was prepared in secure premises by the customers employees
- Customer employs the staff responsible for the preparation of consignment
- Customer ensured the consignment from interference by unauthorized persons during the preparation, storage or transport to the office of the shipping company
- The consignment is properly marked, it is addressed and packed to ensure transport, under conditions of usual care and handling of the consignment
- Comply with all relevant applicable customs, imports, exports and other laws and regulations
- Waybill was signed by the authorized representative of the customer and these terms and conditions constitute binding and enforceable obligations of the customer
Customer agrees with any direction of consignment and with all possible detours, including transportation via intermediate stops
Article no. 6
Any dispute arises out of these terms and conditions or in some way related to them, will be subject to the Slovak law system.