Terms and conditions

Terms and conditions of carriage

The following definitions shall apply to the terms and conditions set out below, which shall govern this contract of carriage. we, us, our and SERVIEQUIPAJE refers to the subsidiaries, employees, agents and subcontractors of SERVIEQUIPAJE. you and your(s) refers to the sender, consignor, consignee of the shipment, holder of the delivery note, recipient and owner of the contents of the shipment or any third party having a legitimate interest in it; carriage refers to and includes all the operations and services carried out by us in connection with the shipment; shipment refers to any envelope, document, package, parcel or freight that is handed over to us and accepted by us for carriage, and carried under this delivery note of ours. other services refers to those services which are not directly services for the carriage of the goods performed by us, such as storage, sorting, assembly, packing, installation, added values and transport management service. prohibited items refers to goods or material whose carriage is prohibited by law, rule or regulation, whether in the country of origin or destination of the shipment, or in any other country where the shipment makes any intermediate stopover.

The contract of carriage is entered into with the company SERVIEQUIPAJE or with the subsidiary or affiliate of SERVIEQUIPAJE that accepts your shipment. You accept that we may subcontract all or part of the carriage under the terms and conditions that we decide.
By handing over your shipment to us, You accept the Terms and Conditions set out in this contract of carriage on your own behalf or on behalf of third parties who may have an interest in the shipment, regardless of whether or not you have affixed your signature on the front of this delivery note. Our Terms and Conditions apply to any other company whose service we use to collect, carry or deliver your shipment. None of our employees, agents or correspondents is authorised to suspend, alter or modify these terms and conditions. Should you hand over the Shipment to us with oral or written instructions that conflict with these Terms and Conditions, we shall not be bound in any way by such instructions.

4. SCOPE OF THE CONTRACT
a) Regardless of whether a separate contract of carriage has been agreed between you and us or whether the shipment forms part of another type of contract between you and us, these Terms and Conditions apply to the agreed contract in respect of the carriage of goods under that contract.
b) By entering into any type of contract with us, you agree that - The contract is a contract for the carriage of goods by road if the carriage is in fact carried out by road; - The contract is a contract for the carriage of goods by air if the carriage is in fact carried out by air. - The contract is a contract for the carriage of goods by ship if the carriage is carried out by ship. - The contract is a contract for the performance of other services if it relates to services other than carriage.

5. DANGEROUS GOODS / SECURITY
5.1 Dangerous Goods a) Except in the circumstances set out in paragraph 5.1 (b) below, we do not carry dangerous goods, including those specified in the technical instructions of the International Civil Aviation Organization (ICAO), in the dangerous goods regulations of the International Air Transport Association (IATA), in the International Maritime Dangerous Goods Code (IMDG), in the regulations of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) or in any other national or international regulation applicable to the carriage of dangerous goods. b) We may accept, at our discretion, dangerous goods for their carriage in certain countries, provided that you have been granted approved customer status; such status must be granted to you by us in writing before we can accept your shipment. Your dangerous goods will only be accepted if they comply with the applicable regulations (see clause 5.1 (a)) and with our requirements. At your nearest branch you may obtain further details about our requirements and about the procedure for applying for approved customer status. A surcharge shall be applied for the carriage of dangerous goods when your shipment is accepted. 5.2 Security Rules for carriage by Air a) You must ensure, and certify when completing the delivery note, or when handing a shipment over to us, that your shipment does not contain any prohibited item as specified in Annex 17 of the ICAO or other national or international regulations governing aviation security. You must provide a complete description of the contents of the shipment on the delivery note, and your liability is not extinguished by providing such information. Shipments may be subject to security checks, which may include the use of x-ray equipment; you accept that the contents of your shipment may be opened and examined in transit. b) You certify that you have prepared the shipment for its carriage, or for the performance of another service by us, in secure premises, by trustworthy employees engaged by you; that the shipment has been protected against any type of unauthorised interference during its preparation, storage and carriage immediately before we accept the shipment for its carriage or for the performance of another service by us. 5.3 Prohibited Items We do not accept shipments that contain prohibited items.

6. RIGHT OF INSPECTION
You give your consent for us or any governmental authority, including customs, to open and inspect your shipment at any time.

7. CALCULATION OF TRANSIT TIME AND ROUTING OF SHIPMENTS
The delivery times indicated in our publications do not include weekend days or public holidays or national holidays, nor delays caused by customs or other eventualities beyond our control. The routing and the method chosen to carry your shipment shall be exclusively at our discretion.

8. CUSTOMS CLEARANCE
8.1 You appoint us as your representative for the sole purposes of the clearance and passage of the Shipment through Customs and, likewise, you acknowledge that we are the consignee for the purposes of appointing a Customs Agent to carry out the customs clearance and entry of the Shipment if we subcontract this task. If any Customs Authority were to require us to provide additional documentation in order to confirm the import / export declaration or our status in respect of customs clearance, it is your responsibility to supply, at your own expense, the documentation that is required.
8.2 You certify that all the declarations and information that you have supplied relating to the export and import of the Shipment are true and correct. You further acknowledge that, should you make false or fraudulent declarations about the Shipment or any of its contents, you expose yourself to a civil claim and, where applicable, to criminal prosecution, in proceedings in which the seizure and sale of the goods may be ordered. We may, voluntarily, assist you on how to complete the required customs documentation, on the clear understanding that such collaboration is provided under your sole responsibility. You agree to release us from any liability and, where applicable, to indemnify us as a consequence of any claim that may be brought against us on account of the information that You have provided to us, and you shall be liable for the costs we incur in connection with the foregoing and, likewise, you shall pay any administrative charge that we levy on you for providing the services that are described in this article. 8.3 Any customs fine, taxes, storage expenses or others that we incur as a result of the actions taken by the Customs or Administrative Authorities, or because You and/or the consignee failed to provide the appropriate documentation and/or failed to obtain the necessary licence or permit, shall be borne by you or by the consignee of the Shipment. In the event that we decide to charge the consignee and the latter refuses to pay the expenses we have incurred, You agree to pay them together with the administrative charges involved and any extra cost we incur. On our first request, You shall provide us with adequate security in respect of the duties, taxes, fines, storage charges or other expenses that are set out in this article.
8.4 We shall endeavour to expedite any customs procedure relating to your shipment, but we are not responsible for the delays, losses or damage due to interference on the part of customs agents or other governmental authorities.

9. INCORRECT ADDRESSES AND PO BOXES
If we were unable to carry out the delivery of a Shipment because the delivery address proves to be incorrect, we shall do everything possible to ascertain the correct address. We shall inform You of the correction and shall attempt to deliver the shipment to the correct address, although additional charges may apply if the address differs from the one indicated on the delivery note or on the label affixed to your shipment. We shall only undertake deliveries to PO box numbers if we are also provided with the consignee's telephone number; You agree that, in the event that we are unable to deliver the shipment on the first attempt, we may send the shipment to the consignee by post, the shipment receipt being considered sufficient proof of delivery.

10. SHIPMENTS THAT CANNOT BE DELIVERED OR ARE REFUSED
If we were unable to deliver the Shipment due to the absence of the consignee, we shall try to leave a message at their address recording that delivery has been attempted, indicating the details of the Shipment. If after a second attempt delivery could not be carried out or the consignee refuses the Shipment, we shall try to contact You and reach an agreement on what is most convenient to do in relation to the Shipment. You agree to reimburse us for any cost that, from that moment onwards, we incur on the occasion of the return or forwarding of the Shipment, as well as the charges that we may levy for a third or subsequent delivery attempt. If a third failed delivery were to occur, for reasons beyond Serviequipaje's control, the customer shall bear a financial penalty in accordance with what was contracted for that service. All of this would be recorded to the customer by telephone or by email. If we do not receive instructions within 30 days after the second delivery attempt of the shipment, it shall be at our discretion to destroy or sell the contents of the shipment without any obligation on our part towards you.

11. YOUR OBLIGATIONS
You warrant to us that a) the contents of the shipment have been properly described on our delivery note; b) the contents are properly labelled and the label or labels have been affixed firmly by you in a prominent place on the outer surface of the shipment, visibly to us; c) the complete address of the consignee, including the postal code, has been recorded on our delivery note; d) the complete address of the consignee, including the postal code, has been recorded correctly and legibly on an address label affixed firmly by you in a prominent place on the outer surface of the shipment, visibly to us; e) the contents of the shipment have been packed safely and carefully by you to protect them from the normal risks associated with carriage or with the performance by us of other services; including the processes associated with the mechanical handling thereof ( sorting ) f) you have declared the correct weight of the shipment and provide us with any special equipment that we may require to load or unload the shipment on our vehicles; g) for any item weighing more than 30 kilograms, you have affixed firmly a "heavy weight" label in a prominent place on the outer surface of the shipment, visibly to us; h) the contents of the shipment are not subject to the restrictions of IATA or the ICAO, nor are they prohibited items, and neither you nor the consignee is a person or organisation with whom we or you must not lawfully trade under any applicable law or regulation. Providing us with the declarations on dangerous goods that may be necessary, drawn up correctly and accurately and in accordance with all the laws, rules and regulations that are applicable i) in the case of a shipment within the European Union, for which the consignee pays our charges, we have been provided in writing and correctly with your VAT identification number and that of the consignee; j) where you have requested that we charge the consignee or a third party, if the consignee or the third party does not pay us, you shall settle our invoice in full promptly, together with an administrative charge, within seven days from the issue of the invoice; k) that all the applicable laws and regulations have been complied with; l) in the case of a shipment outside the European Union, it must include the correct commercial invoice relating to the shipment (correctly indicating the Bill to address with the corresponding CIF, a clear and concise description of the contents, the GATT code (General Agreement on Tariffs and Trade) with the first six digits being those of the HS (Harmonised System) code and the correct weight of the said shipment. m) that you have taken all reasonable precautions to comply with all the conventions, directives and legislation relating to the personal protection of data including, where feasible, encryption of personal data to guarantee the security of personal data in the event of loss or misdelivery of a shipment; n) the value of no shipment exceeds 25,000 euros. You agree to release us from any liability that may be required of us, to indemnify us for the damages, losses and expenses, including legal costs that we incur in respect of you or in respect of any other person, arising from the fact of your being in a situation of breach of any of these warranties, declarations and representations, even if we involuntarily accept a shipment that contravenes any of your obligations.

12. LIMITS OF OUR LIABILITY
12.1 In accordance with the provisions of clause 13 below, in the event of loss, damage, or delay of all or part of your shipment, our liability shall be limited as follows: a) Carriage by air If the carriage of your shipment is carried out wholly or partly by air and involves a final destination or an intermediate stopover in a country other than the country of origin, the Warsaw Convention of 1929, or the Warsaw Convention as amended by the Hague Protocol of 1955 and/or Montreal Protocol No. 4 of 1975, or the Montreal Convention of 1999, whichever is compulsorily applicable, shall apply. These international treaties govern and limit our liability for loss, damage or delay of your shipment to the amount of 19 special drawing rights per kilo (approximately 20 euros per kilo, although the exchange rate is variable). b) International carriage by road If the carriage of your shipment is carried out wholly or partly by road within, to or from a country that is party to the convention covering the contract for the international carriage of goods by road of 1956 ("CMR"), our liability for loss or damage of your shipment or the affected part thereof shall be governed by the CMR and is limited to the amount of 8.33 special drawing rights per kilo (approximately 10 euros per kilo, although the exchange rate is variable). In the event of delay in which you can demonstrate to us that you have suffered a loss as a consequence, our liability is limited to the reimbursement of the amount that you have paid us as payment for the carriage in respect of that shipment or the part thereof that suffered the delay. c) If none of the foregoing stipulations were to apply and we were to have a liability towards you for any reason, including without any limitation for breach of contract, negligence, wilful act or omission, our liability towards you for loss, damage, failed delivery or non-delivery of your shipment or of the affected part shall in any case be limited to the lower market value of the shipment at the time of carriage or to the cost of repairing the shipment or the affected part thereof, with a maximum limit applying in both cases not exceeding 17 euros per kilo with the maximum limit of 10,000 euros per shipment. In the event of delay in which they can demonstrate to us that they have suffered losses, our liability is limited to the reimbursement of the price that they have paid us for the carriage in respect of that shipment or of the part that was delivered late. d) National carriage If your shipment is carried by road between two points located within the territory of the same state, or, in the case of carriage by air, where the journey is made without stopovers in third countries, the legislation of that state shall apply, (in the case of Spain, regulated by the LCT. Land Goods Transport Contract Act). 12.2 Subject to the provisions of the following stipulation 13, if we were to have a liability in relation to other services for any other reason, including without any limitation breach of contract, negligence, wilful act or omission, our liability in respect of you is in any case limited to 10,000 Euros per event or series of events with one and the same cause of damage, or in the event of loss or damage to a shipment, to the lower market value or to the cost of repairing the shipment or of the affected part, with a maximum limit applying in both cases not exceeding 3.40 euros per kilo with a maximum limit of 10,000 euros per event or series of connected events.

13. EXCLUSIONS
13.1 We shall not be liable for loss of income, loss of profits, loss of market, loss of reputation, loss of customers, loss of use, loss of business opportunities even if we were aware that such damages or losses could arise, whether by any indirect, incidental (loss of profit) damage or by loss of any kind arising including without any limitation from a breach of contract, negligence, wilful act or omission 13.2 We shall not be liable for breach of our obligations towards you as a result of a) Causes beyond our control such as (without restrictive character) - acts of God, including earthquakes, cyclones, storms, floods, fire, plagues, fog, ice - force majeure, including (among others) wars, accidents, acts of terrorism, strikes, embargoes, atmospheric phenomena, local disputes or civil disturbances; - national or local disruptions to the air and land transport networks and mechanical problems in the means of transport or machinery; - hidden defects or latent defects in the contents of the shipment; - criminal acts of third parties such as theft and arson. b) Your acts or omissions or those of third parties such as - where you are in breach (or a third party who alleges a right over the shipment which causes its breach) of the obligations under these terms and conditions, in particular of the warranties set out in clause 11; - acts or omissions of officials or employees of customs, airlines, airports or governments. c) The contents of the shipment consist of any prohibited item, even where we have accepted the shipment in error. 13.3 We are not a public carrier and do not assume liability as such.

14. VALUABLES
Valuable items such as precious stones, precious metals, jewellery, money, negotiable instruments, unprotected furniture, glass or ceramics, works of art, antiques, and important documents, for example, passports, offers and share certificates and options, must not be sent through our transport network since such a system entails the use of mechanical handling and automated sorting equipment, together with multiple vehicle transfers. Nevertheless, if we still carry this type of goods, it shall be at your own responsibility.

15. INCREASE OF THE LIABILITY LIMIT FOR INTERNATIONAL SHIPMENTS
International Shipments 15.1 You may purchase an increase of the liability limit ("ITLL") for international shipments for losses or damage caused to your shipment, subject to a specific agreement. 15.2 By paying a supplement, we shall increase our liability limit for loss or damage to your shipment up to 45 euros per kilo for shipments of 10 or more kilos, and up to 450 euros per shipment, in the event of loss or damage to shipments of less than 10 kilos. The maximum value that we offer and accept as a result of the increase of our liability limit is 25,000 euros per shipment. 15.3 The increase in the limits of our liability shall not apply in the following cases a) where we are released from liability as established in these terms and conditions. b) where you do not select the option in the corresponding box of the delivery note to purchase an increase of the liability limit. c) where you have not paid the fee corresponding to the increase of the liability limit. 15.4 For the avoidance of doubt, the increase of liability does not cover consequential loss or damage (see clause 13.1 below), delays in carriage nor cases in which the loss arises as a consequence of the breach of your obligations under these terms and conditions. 15.5 The ITLL is not available for other services or for precious stones, precious metals, laptops, plasma or LCD screens, jewellery, money, glassware, porcelain, works of art, antiques, valuable documents (for example, passports, payment offers, quotations or share certificates and options) nor films, recordings, discs, memory cards or any other device for the transport of data or images. If you send the aforementioned goods, we suggest you take out insurance. National shipments 15.6 For national carriage by road we may increase our liability limits for loss or damage to your shipment by 24 Euros per Kilo by paying the corresponding supplement. With a maximum coverage limit of 1,800 euros.

16. INSURANCE
16.1 You may purchase insurance for the full value of the contents of the shipment (a shipment that is not of documents) by completing the corresponding box of the delivery note and paying the applicable fee in respect of coverage against all risks of loss and damage during carriage up to a maximum limit of 25,000 Euros per shipment. The insurance does not cover consequential loss or damage (see clause 13.1 below) nor delays in carriage nor cases in which the loss arises as a consequence of the breach of your obligations under these terms and conditions. The insurance is not available for precious stones, precious metals, laptops, plasma or LCD screens, jewellery, money, glassware, porcelain, works of art, antiques, documents nor films, recordings, discs, memory cards or any other device for the transport of data or images. If you send the aforementioned goods, we suggest you take out insurance yourself
16.2 You may purchase insurance for the costs of reconstruction, reproduction or reprinting (including the costs of the material (e.g. paper) plus a reasonable labour cost) of your documents by filling in the corresponding box on the delivery note and paying the applicable fee in respect of coverage against all risks of loss and damage during carriage up to a maximum limit of 500 Euros per shipment. This insurance is only available for a list of documents included on the local website of the country where SERVIEQUIPAJE accepts your shipment for carriage.
16.3 The foregoing insurance options (16.1 and 16.2) (i) do not cover consequential damages (see 13.1) or delays in delivery or where the loss has been the result of a breach of your obligations in respect of these general conditions and (ii) are not available for a limited number of countries. To obtain a list of these countries and/or more information about insurance conditions and coverage, please contact our Customer Service department or consult the website.

17. CLAIMS BROUGHT BY THIRD PARTIES
You undertake towards us not to allow any other person who has an interest in the Shipment to bring a claim against us on account of the Carriage even where we may have incurred fault or negligence, and, in the event that a claim of such a nature is brought, to indemnify us for the consequences of such a claim and for the expenses and losses that we incur in our defence.

18. CLAIMS PROCEDURE
If you wish to make a claim for a lost, damaged or delayed shipment, or another type of damage, you must comply with the applicable conventions, and the following procedures or, otherwise, we reserve the right to reject your claim a) you must notify us of the loss, the damage or the delay within 21 days of the receipt of the Shipment or within 21 days from the date on which the shipment should have been received, unless it were a national carriage, in which case the claim must be brought within 7 days. Furthermore, within the following 21 days, You must document your claim by sending us all the relevant information about the Shipment and the loss, damage or delay that it has suffered. We are not obliged to act on claims until such time as the fee for the carriage has been paid and You are not entitled to deduct the amount of your claim from the fee for the carriage; b) we shall assume that the Shipment was delivered in good condition, unless whoever received it noted the damage on our delivery record when accepting the Shipment. In order for us to take a claim for damage into account, the contents of your Shipment and the original packaging must be made available to us so that they can be inspected; c) unless otherwise stipulated in any applicable provision and/or law, your right to claim for damage shall be extinguished so long as an action is not brought before a court within the year of receiving the shipment or from the date on which the shipment should have been received or from the date on which the carriage ended or, if the claim refers to other services, within the year of the date on which you should reasonably be aware of the loss, damage or delay. d) in the event of acceptance on our part of all or part of the claim, you warrant to us that your insurance company or any other third party that has an interest in the shipment will have waived any right, compensation or reparation to which it might be entitled by subrogation or by any other title e) the shipment shall not be considered lost until at least 30 days have elapsed from the day on which you notify us of the non-delivery. We may agree in writing with you a shorter period.

19. RATES AND PAYMENTS
19.1 You undertake to pay us the price of the carriage between the points specified on this delivery note, as well as any Value Added Tax charged on the carriage, within 7 days counting from the date of the invoice levied on you. You waive your right to dispute the invoices if you do not raise objections in writing within 7 days following the invoicing date. The price of the carriage shall be calculated in accordance with our Rates in force, applying the one that corresponds to your Shipment or, where applicable, in accordance with the Rates that have been agreed with You, on an individual basis. All import duties, VAT on the goods and all the other charges accrued on the occasion of the Shipment must be paid on delivery. If whoever receives the shipment refuses to pay, you agree to pay this amount in full within 7 days of our notifying you that whoever received the shipment has not paid. You agree that we may charge you interest on invoices not paid within 7 days of the invoicing date, at a rate of 6% over the base rate of the European Central Bank. You agree to pay the reasonable and appropriate costs in respect of the collection of invoices not paid within seven days of the invoicing date. 19.2 Our current list of rates may be requested at any of our offices in the country in which the shipment is invoiced. We charge on the basis of the actual weight of the shipment or of its volumetric weight, the greater weight being charged; the volumetric weight is calculated in accordance with the equation for volumetric conversion that appears in our list of rates. 19.3 The rates for door-to-door deliveries that appear in our current list of rates include a provision for simple customs clearance procedures; we reserve the right to charge an additional administrative charge when, in order to allow us to deliver your shipment to the consignee, the customs clearance requires excessive work that demands a great deal of time. Therefore, additional charges may apply in some countries with complex customs clearance processes; such charges include, but are not limited to, shipments that require (i) formal customs declarations in relation to more than three different goods; (ii) customs bonds, or the need to deliver goods under a customs bond; (iii) temporary imports; (iii) clearances involving any government department other than the customs authority. In several countries we may pay in advance duties, taxes, fines or other obligations on behalf of the importer; when this additional service is performed, the consignee shall be charged a local administration commission, with you being responsible for its non-payment. 19.4 In the event that You have given us different payment instructions or have agreed with the consignee of the Shipment or with a third party that they are the ones who pay our rates and/or any duties, taxes, obligations, fines, levies, expenses, and surcharges that we may have been obliged to pay on the occasion of the Shipment, if the consignee or that third party refuses to pay us our rates for the Carriage or to reimburse us for any of the amounts referred to, You undertake to pay us such amounts within seven days following the date on which we notify you of the refusal to pay. 19.5 Our rate does not include a copy of the Proof of Delivery (POD) or any other additional document. 19.6 Our invoices must be paid in the currency established on the invoice or, in some cases, in the local currency calculated on the basis of the exchange rates provided by us. 19.7 With respect to products with a guaranteed delivery time, if we do not deliver your shipment within the agreed period, and if our failure was not caused by any of the eventualities described in Clause 13.2, and if you notify us of your claim in accordance with point 18, we shall charge you for the delivery service that we actually provided (e.g. before midday) instead of charging the price quoted for the service that you requested from us (e.g. before 9:00). 19.8 We shall have a general lien over all your shipments that are at any time in our possession, with the right to sell their contents and retain the price that we obtain to meet any amount that you may owe us for previously delivered shipments. 19.9 You shall be responsible for the payment of all the duties, taxes and charges including stamp duties applicable to the carriage and to other services as well as to all the necessary customs documentation including the transport delivery note.

20. YOUR INDEMNITY IN RESPECT OF YOUR EMPLOYEES
You undertake to indemnify us and to hold us harmless from all cost, claim, liability or action arising directly or indirectly from the dismissal, selective re-hiring or transfer of any employee or former employee of yours, or of any supplier or former supplier of yours, or of any third party, that may arise from the commercial relationship between you and us, including, but not limited to, any liability arising under the Acquired Rights Directive of the European Community (77/187/EEC, as amended by Directive 2001/23/EC) or under national legislation implementing that directive, or under other applicable labour legislation

21. LAW AND JURISDICTION
21.1 In the event that these terms or conditions were declared invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this contract of carriage, which shall remain in force. 21.2 Except as stipulated by any applicable convention, disputes arising out of this contract of carriage or relating to it shall be submitted to the laws and courts of the Spanish state. 21.3 SERVIEQUIPAJE expressly rejects the jurisdiction of the Transport Arbitration Boards, art. 38.1 LOTT. 21.4 We inform you that the data contained in this document shall be incorporated into our computerised files for the purpose of carrying out the management of our commercial activity between our firms, in compliance with L.O. 15/1999 on the protection of personal data. In accordance with Organic Law 15/1999, the parties involved are informed and give their consent to the incorporation of their data into the files, automated or otherwise, existing at SERVIEQUIPAJE and to the automated processing thereof as well as of the data to which SERVIEQUIPAJE has access as a consequence of the consultation, request or contracting of any service, as well as of those obtained through the recording of the security cameras located in the offices, and in telephone conversations, for the management purposes of SERVIEQUIPAJE. In addition to the foregoing, and as provided by the aforementioned Organic Law, you shall have the right, at any time, to consult, modify or cancel the processing of the personal data that are held in our files. Any of these requests must be made in writing, sending a letter by post to the following address SERVIEQUIPAJE C./Carrasqueta, 25, Petrer 03610 (Alicante) - Data Protection Department.

Updated as of 25 May 2018