Sameday Courier - Terms and conditions

Introduction

These general conditions are the terms defining the basis and content of all contractual relations between Sameday Courier and customers who submit packages, documents and envelopes for the purpose of transportation, these are generally applicable, including on and in relation to any third party interested in the shipment.
“Sameday Courier” means any member of the Sameday Courier network, including any sub-contractor of Sameday Courier, contracted for the performance of transport services, the customer expressing his consent in these terms that any contracted service may be subcontracted.
The customer agrees that these clauses apply both in case a special transport contract is not concluded and in case of conclusion of a special contract, in the latter case the negotiated terms entered in the special contract having priority where exemption of these conditions are found.
“Shipment” represents all documents or packages that travel on a single consignment sheet (AWB) and which may be transported by any means chosen by Sameday Courier.
“Warsaw Convention” shall mean (i) the Convention for the Unification of certain rules relating to International Air Transport signed in Warsaw on October 12, 1929, or (ii) that Convention as amended or supplemented by any Protocol or additional Convention, or (iii) the Montreal Convention of 1999, each applying as appropriate. Notwithstanding any opposition clause, international road transport may be subject to the provisions of the Convention on the contract for the international transport of goods by road, signed in Geneva on May 19, 1956 (the “CMR Convention”).

The scope of the services

Except in cases where special service agreements are concluded, services provided by Sameday Courier shall be limited to taking over, transporting and delivering the shipment. The consignor shall recognize that the shipment will be aggregated with those of other consignors for the purpose of carrying out the transport, unless the transport is dedicated, and that Sameday Courier does not monitor the entry and exit operations of each shipment to all transit centers.
Sameday Courier reserves the right to deny unconditionally the transport of any package presented for transportation.

Transport conditions
The consignor agrees that The Shipment may be considered unacceptable if:
The Shipment includes hazardous materials and/or articles, articles prohibited or restricted by the IATA (International Air Transportation Association), ICAO (International Civil Aviation Organization) or any competent government department or other relevant organizations;
The customs declaration is not lodged when required by the applicable customs regulations; or Sameday Courier decides that it cannot carry an item safely and legally (such articles include, but are not limited to: animals, precious metal bullion, currency, bearer negotiable payment instruments, precious metals and gems, firearms, parts thereof and ammunition, human remains, pornography and narcotics/illegal drugs).
Packages of the following dimensions and weights shall be accepted for consignment:

Maximum weight: 31.5 kg
Maximum length: 175 cm
Circumference + maximum length: 300 cm
(circumference = 2 x height + 2 x width)

The customer shall be solely responsible for ensuring proper inner and outer packaging and correct, complete and legible marking/labeling of the packages. Transport requires packaging so that the goods will be sufficiently protected against: handling including automatic sorting equipment, varied climatic conditions where appropriate, and mechanical handling. (minimum height of diagonal drop from 80 cm). It shall not be possible to access the contents of the packages without leaving a trace.
Shipments shall not be delivered to post office box or postal codes. The shipments are delivered to the address of The Recipient indicated by The Consignor, and Sameday Courier may deliver to the recipient specified in the AWB or to any other person deemed to have the authority to accept delivery of the package on behalf of the recipient (such as persons from the same address as the recipient or neighbors). Sameday Courier may use an electronic device to obtain proof of delivery and the consignor agrees not to object to the use by Sameday Courier of a printed copy of this as a strictly gross proof that the information in question is obtained and stored in electronic form.
Shipments to addresses with a central reception area shall be delivered to that area. In case The Recipient refuses delivery or payment for delivery, or The Shipment is considered unacceptable, or The Recipient cannot be reasonably identified or located, Sameday Courier will make reasonable efforts to return The Shipment to The Consignor at the expense of The Consignor, otherwise The Shipment may be released, dumped or sold by Sameday Courier without any liability of any kind toward The Consignor or someone else, the service charges and related administrative costs are deducted from the amount received, and the remaining amount will be returned to The Consignor.
Perishable and temperature-sensitive goods will only be transported by means of dedicated services.
Sameday Courier has the right to open and inspect a Shipment without prior notice to The Consignor, in case there is suspicion of its contents.
If the consignor delivers to Sameday Courier a package which does not comply with any of the restrictions or conditions in the above paragraphs without the express and written consent of Sameday Courier, Sameday Courier will not be held liable for any loss, in any event, which the consignor might suffer in connection with the transport of such a package by Sameday Courier (regardless that infringement caused or contributed to the loss in question, and irrespective of any negligence, except for intention of Sameday Courier, or of any negligence, including the intention of its employees, contractors or representatives) and if Sameday Courier suspends the transport because of a reason allowed by these conditions, the consignor will not be entitled to any refund of the transport charges paid. Sameday Courier can raise claims about such an infringement.
Delivery times are not guaranteed, but Sameday Courier will make every reasonable effort to deliver the shipment according to the regular delivery programs. Sameday Courier is not responsible for the damage or loss caused by delays.
Sameday Courier assumes no responsibility for damage to or destruction of fragile or high-value objects, even if properly labeled.
Sameday Courier has no responsibility for the existence, correctness and compliance with the law of any transport documents/certificates, any actions taken by any of the bodies empowered to carry out checks and verifications being chargeable to the consignor.
Sameday Courier may not be held liable in any case for any indirect damage caused by any negligence.
When the service involves air transport involving a destination or final stop outside Romania, the Warsaw Convention, which governs and in most cases limits the liability of carriers for the loss, damage or delay of the shipment, may be applied.
Interruption of services

If Sameday Courier fails to start or continue the transport of the consignor’s shipment for a reason that is not attributable to Sameday Courier, Sameday Courier will not be considered to be in breach of the contract with the consignor, but Sameday Courier will take all reasonable steps to begin or continue the transport. Examples of events that cannot be charged to Sameday Courier are the interruption of air or road transport due to unfavorable weather conditions, fires, floods, war, hostilities, public disorder, government or other authority actions (including, but not limited to, the customs authority) and labour conflicts or tasks affecting Sameday Courier or other party.

Payment of services

Unless otherwise provided for in special contracts, payment of the services shall be made according to the current price list of the service provider. Charges valid on the day the dispatch order is placed will be applied.
The Sameday Courier transportation charges are calculated according to the highest value between actual weight and volume, and any shipment may be weighted and measured again by Sameday Courier to confirm this calculation.

Liability

Where The Warsaw or CMR Conventions or other national laws implementing or adopting such conventions (hereinafter referred to as The Convention Rules) apply, or where (and to the extent that) other binding national laws apply, Sameday Courier liability is governed by such rules, although it will be limited according to the provisions laid down in the applicable rules.
In cases where The Conventions Rules or other mandatory national laws do not apply, Sameday Courier will be liable only for failure to act with due attention and expertise and its liability will be governed solely by these terms (except in the case of personal injury or death) and will be limited to proven damages, in the local currency equivalent of the amount of lei 100 per shipment, unless a higher value has been declared by the consignor.
Where the claimant (or any person to whom he gives his right to make claims) has caused or contributed to any loss, damage or delay of a shipment or package, any liability that Sameday Courier may incur (limited as described above) may be reduced or eliminated in accordance with the law applicable to the common fault.
Sameday Courier liability for any shipment is limited to its real value in currency and will not exceed 100 lei. In the case of shipments above 100 lei, The Beneficiary pays 1% of the declared value of the shipment in addition to the transportation charge.
Except where The Conventions Rules or other binding national laws impose other requirements, Sameday Courier will not accept liability for purely economic losses, such as the costs of alternative means of transport, loss of profits, loss of business opportunities or loss of income resulting from the loss of usability, resulting from any loss, damage or delay of a shipment or package, whether an amount in connection with the shipment has been declared or not.
Sameday Courier will not be responsible for any damage or loss of packaging.

Complaint procedure – Limitation

If the beneficiary has any dissatisfaction with transport, it shall make a written complaint, transmitted by fax or mail (etc.) within three days of the date of performance by The Provider of the service deemed defective. The complaint must include the exact deficiencies found in the service, the losses, the damages or the delays claimed, and checks will be carried out. Any complaint addressed to The Provider beyond this time limit may no longer be taken into account. In addition, where the recipient has accepted the shipment without making any reference to the receipt document, the shipment shall be presumed to have been made in good condition. The complaints may be accepted only for paid shipments, the consignor is unable to retain any amount of the price due for the requested service, in any form.
For the purpose of carrying out checks, the consignor must make available the transport documents, the original packaging and the subject matter of the shipment to Sameday Courier.
If the complaint is found to be correct, the beneficiary will not pay the service found to be deficient, but he/she will remain bound for the other services.
The limitation period for any complaint shall be the one-year ordinary law period.

Complete agreement and data saving clauses

The intention of Sameday Courier is that all terms of the contract between Sameday Courier and the consignor should be included in this document. If the consignor wishes to rely on any changes to these terms, it must be ensured that it is written and signed by the consignor and on behalf of Sameday Courier before the shipment is accepted for transportation by Sameday Courier.