General Terms and Conditions of Shipping
Sebestyén Bt. (hereinafter referred to as the “Provider”) ships various types of cargo door-to-door, via various pre-determined routes, and according to pre-set schedules. The final route will always depend on the specific loading and unloading locations used. The Provider’s services can be used by a customer (hereinafter referred to as the “Customer”) by placing a Purchase Order.
The Parties’ related contractual rights and obligations are meant to be defined in these General Terms and Conditions of Shipping (hereinafter referred to as the “GTC”).
Customers can order the Provider’s services via the following website: www.nemzetkoziszallitas.eu. The Provider shall confirm all Purchase Orders in writing. By sending the Purchase Order, a contractual relationship is created between the Customer and the Provider. Purchase Orders already placed, and relating to cargo of up to 20 kg, can only be cancelled by Customers by not later than 3 days prior to their departure time. For any larger orders (21 kg to 200 kg), the shipment cannot be cancelled 7 days prior to departure time, or any shorter, unless the full shipment fee is paid by the Customer. When partial or full truckload relocation services have been ordered, the order cannot be cancelled 14 days prior to the proposed relocation day, or shorter, or the deposit paid by the Customer will be retained.
1.2 The cargo being collected by the Provider
The cargo will be collected at the address specified by the Customer, at a pre-agreed time. The Provider retains the right to reschedule any shipment.
1.3. The cargo’s contents:
Any type of document, goods, or objects that do not fall under the scope of the following banned objects.
1.4 List of banned objects, which will not be shipped by the Provider
- Cash, or cash equivalents
- Cheques, or any type of convertible bond
- Pornographic, or any other type of forbidden materials, photos, or graphics
- Hazardous materials and goods
- Any other material qualifying to be high risk, hazardous, or forbidden material, or materials that can only be accepted with certain restrictions applied, and being rated as such by a public administration body, or any other official authority with a power of authority to act over transportation regulation matters.
- Any other material refused to be accepted by the Provider, at its sole discretion, for security reasons, or based on the governing laws (e.g. any illegal, or excise products, flammable or disgusting products, or any food products with a fixed expiry date).
The Sender hereby undertakes not to place any of the above listed products into the cargo sent via the Provider.
1.5. Applicable cargo sizes:
All cargo shall comply with the following size parameters: max. height: 2 m, max. length: 4 m, max. width: 1.7 m.
1.6.Maximum cargo weight:
If the cargo is a standalone object, its max. weight can be 40 kg. On a case-by-case basis, the cargo’s weight can exceed this level, subject to the Parties’ prior agreement.
For any small weight cargo, which has a large volume, such as flakes, foam rubber, etc., the Provider will charge its fees based on volumetric weight. The calculation of the volumetric weight: length x width x height, divided by 5,000. When this calculation method applies, the Provider shall notify the Customer about this fact when the Purchase Order is placed.
1.8. Applicable packaging:
The cargo’s packaging has to be adequate to protect its contents from pressure, or any other handling processes, in order to prevent any damage from occurring. The Provider’s suggestions: cardboard box, large bins, or on bicycles the parts sticking out must be flattened (pedals, wheel). The packaging must be suitable to ensure that the contents cannot be accessed without causing visible damage to the external surfaces.
1.9. The delivery address being clearly indicated:
The delivery address must be visibly marked on the packaging, in a way that is both durable and legible.
The Provider will not deliver any cargo to a mail box address.
1.10. Fees charged for high value cargo:
For any cargo, the value of which exceeds EUR 1,000, the Provider will charge a case-by-case shipment fee, and will arrange for an appropriate insurance policy.
The representative of Sebestyén Bt. is authorised to check the contents of all cargo, for security reasons, while the Sender is being present.
2. The Sender’s obligations:
- to ensure that all information supplied to the Provider is true, accurate, and complete;
- to ensure that the contents of the cargo are identical to those stipulated on the Bill of Lading, or on the shipment documents;
- to ensure that the labelling, the indication of the address, and the packaging is suitable to ensure that the cargo gets delivered safely, while the Provider is acting with due care and diligence during the handling;
- to ensure that the parcel’s contents do not violate any prevailing customs rules, EU import or export rules, or any of the governing laws;
- to clearly stipulate the total value of the cargo on the Bill of Lading, or on the shipment documents, and any insurance policy, when taken, in the appropriate field;
- The Bill of Lading or shipment document shall be signed by the Sender, which also automatically means that the provisions of these General Terms and Conditions of Shipping have been accepted to be binding for the Sender.
3. Contractual performance
3.1 The Provider shall acknowledge the fact that the cargo has been properly collected by the Provider, by signing the Bill of Lading, or the accompanying shipment documents.
3.2 The Provider shall be obliged to deliver the cargo to the exact address provided by the Sender, intact and complete, or to attempt delivery of the same.
3.3. The Provider shall be entitled to refuse acceptance of any cargo, if its packaging is not suitable to protect its relevant contents during shipping, or when the cargo would endanger the integrity of other cargo items placed in the same truck, and/or when the cargo fails to meet the preconditions described herein, or when the cargo was identified as high risk, hazardous, or prohibited material, or as any other material that can only be accepted subject to certain restrictions, based on the decision of any public administration body, or any other official authority, having proper power of authority to act upon transportation related matters.
3.4. The cargo’s delivery:
All cargo shall be delivered to the address indicated by the Sender, or by the Customer.
3.5. Cargo remaining undelivered:
In any case, when the cargo is deemed to be undeliverable (including, in particular, the following cases: the Addressee has denied acceptance, the Addressee is unknown, or cannot be found), the Provider shall take all reasonable steps required to return the cargo to the Sender, at the Sender’s sole costs.
If returning the cargo was unsuccessful, the Provider shall be entitled to dispose of the cargo freely, or to sell the same. In such case, the Provider shall not be held liable by the Sender, or any third party. The proceeds from the sale shall be used to cover the Provider’s costs first, then any remaining amount can be refunded to the Sender.
4.1. The Provider shall bear a financial liability for the cargo to remain undamaged and complete during shipment and for delivering the cargo to the Addressee. The delivery of the cargo shall be verified by the Addressee by signing the Bill of Lading, or the accompanying shipping documents.
4.2. In case of losing the cargo, or any missing items being identified from its contents, or any value loss occurring, the Provider shall have a liability up to the value limit specified on the Purchase Order.
4.3. The Provider shall do its best to deliver the cargo by no later than the indicated delivery time. Unless otherwise stipulated by the law, the Provider shall not be liable for any damage or loss occurring due to any late delivery.
4. 4. The Provider shall be relieved from its indemnification obligation, if the damage:
- occurred due to reasons falling outside the scope of activities pursued by Sebestyén Bt.
- occurred due to the cargo’s own specific nature
- occurred due to any shortcomings occurring in the packaging, which could not be detected from the outside
- when the Sender, or the Addressee failed to proceed in a way normally expected in similar situations
- when the Sender failed to inform the Provider about the cargo’s extremely high value, which fact could not otherwise be identified from the outside.
4.5. The Provider shall not be liable for any damages occurring to the cargo due to reasons falling outside the Provider’s scope of activities, due to unavoidable outside circumstances.
To list a few examples for such outside circumstances (but not limited to):
- Force Majeure events (e.g. earthquake, cyclone, storm, flood, fog)
- any other unavoidable outside circumstances (e.g. war, natural disaster, accident, embargo, riot, demonstrations, strike, rebellion, etc.)
- any specific default, or shortcoming, arising out of the cargo’s own nature, even if such information was known to the Provider when collecting the cargo
- any third party action or omission, e.g. committed by the Sender, the Addressee, any third party, the customs authority, or any administrative bodies
- any loss, damage, etc. occurring to any information, picture, or data recorded on any data carrier, or photographically, while being in the cargo, due to any electronic or magnetic effect.
4.6. Unless otherwise stipulated by the law, the Provider hereby refuses to take any liability for any other damages, costs, or losses (including, in particular, any lost profit, lost revenues, lost interest income, or any damage from any potentially lost future business transaction), regardless of the fact that such loss or damage is individual, or indirect, even in case the potential hazard arising was clearly communicated to the Provider prior to collecting the cargo, or afterwards, given the fact that in any special cases, the Sender always has the opportunity to sign an underlying insurance policy.
5. Compensation payment limits, and their enforcement:
5.1. The Provider’s total liability for compensation payments shall be limited to the cargo’s actual cash value, or to the maximum value limit set for the specific cargo. Only one compensation claim may be submitted per cargo.
5.2. In case of any damage, shortcoming, or loss occurring to the cargo, or the cargo being destroyed, in case the cargo was sent under the Provider’s basic services, without a special insurance premium being paid, the maximum limit for any potential compensation claim to be submitted against the Provider shall be the cargo’s total value, as stipulated on the Purchase Order, or maximum EUR 50.00. In case the cargo was sent with an insurance policy taken, and a special insurance premium having been paid, the maximum compensation amount shall equal the value indicated by the Sender upon the cargo’s collection. If any damage occurs to, or if there is any missing item in the case of cargo sent with an underlying insurance policy taken, the compensation amount shall be equal to the degree of such shortcoming or damage, but shall never exceed the maximum value limit stipulated in the underlying insurance contract.
5.3. The Sender shall contact the Dispatcher with any compensation claims, at one of the following contact details:
Phone: +36-70 321 8675 or +3630 9703 327 E-mail: email@example.com
5. 4. Deadline for the submission of compensation claims:
Unless otherwise stipulated by the law, all compensation claims shall be submitted in writing, within 15 days upon the cargo having been collected by the Provider.
6. Fees charged for returned cargo, or cargo sent back:
In case of any cargo, with regards to which the Sender requested, while being shipped, that the cargo should be returned to the Sender (before it got delivered), or any cargo being returned to the Sender due to the Sender’s fault, the Provider shall be entitled to request a full compensation from the Sender for all of its related costs arising.
7. The Provider’s fees and payment methods:
7.1. The base fee set for the services, as well as the list of applicable surcharges are included in Annex 1 hereto.
7.2. Upon collecting the cargo, the Provider shall verify if the cargo’s actual data matches the data indicated on the Purchase Order. If any discrepancy is identified, the Provider shall be entitled to recalculate its fees.
7.3. The Sender shall be obliged to refund any claims, damages, fines, or costs arising at the Provider’s side, out of the fact that the cargo was not suitable for being collected or shipped by the Provider, pursuant to any governing law, or the provisions herein. (e.g. when no special veterinary passport is provided for a pet to be transported).
7.4. The fee shall be payable upon the cargo being collected by the Provider, or upon the cargo being delivered, in cash, per the Provider’s underlying invoice issued.
Sebestyén Bt. shall be entitled to set the routes entirely at its own discretion, or to alter from such routes, as suited, including any of the interim stops. All delivery times provided are for informative purposes only. The Provider will always call the related parties to let them know about the exact arrival time.
9. Governing law
For any potential legal disputes arising in relation to these General Terms and Conditions of Shipping, the civil law applicable in the EU, and in the specific country, shall be applied, as governing law.
10. Partial invalidity, or being partially unenforceable
If any of the provisions herein becomes invalid, or unenforceable, the validity or enforceability of the remaining provisions herein shall remain unaffected.