(hereinafter referred to as “EDELWEISS SERVICE”)

Definitions

Agent – Forwarder:

EDELWEISS SERVICE generally acts as a forwarding agent and is responsible for organizing the transportation of goods. Various carriers and subcontractors may be used to perform loading and transportation on behalf of the consignor.

Warehouse Operator:

In certain cases, EDELWEISS SERVICE may act as a warehouse operator and store cargo at its own or leased premises or warehouse facilities.

Carrier:

EDELWEISS SERVICE may also act as a carrier and transport goods using its own means of transportation, particularly by road.

Clause 1. SUBJECT OF THE AGREEMENT

All services provided by EDELWEISS SERVICE are rendered exclusively in accordance with these General Terms and Conditions, which shall be deemed accepted by the Customer at the moment of placing an order, whether the order is given verbally, by telex or fax, even if it does not contain an explicit reference to the General Terms and Conditions.

The limitation of liability provided for in these General Terms and Conditions shall apply to the amount of compensation based on legal assessments.

Clause 2. LIABILITY

EDELWEISS SERVICE, at its sole discretion and unless otherwise instructed by the Client, independently organizes and gives special attention to the arrangement of transportation, carriage, and storage of entrusted cargo. EDELWEISS SERVICE Ukraine selects the most appropriate means and mode of transport as well as the storage location for the cargo.

The liability of EDELWEISS SERVICE is determined by the following terms:

1. As a forwarding agent: by the General Terms and Conditions of freight forwarding of EDELWEISS SERVICE.
2. 2.As a warehouse operator: by the General Terms and Conditions of cargo storage of EDELWEISS SERVICE.
3. 3.As a carrier: by the General Terms and Conditions of carriage using EDELWEISS SERVICE’s own vehicles.

Clause 3. LIMITATION OF LIABILITY

The liability of EDELWEISS SERVICE shall, in any case, be limited to the following maximum amounts:

1. a) Property damage

USD 1,000 – when acting as a forwarding agent organizing transportation.

1. b) Loss or damage to cargo

USD 10,000 – when acting as a forwarding agent organizing transportation.

USD 10,000 – when acting as a warehouse operator organizing storage of cargo in its own premises/warehouses.

USD 10,000 – when acting as a carrier using its own means of transport.

1. c) Delay

In the event of a delay, if the parties have agreed in writing that EDELWEISS SERVICE shall be liable for delays in cargo delivery, and if the claimant proves that the damage was caused by the delay, EDELWEISS SERVICE shall pay compensation for such damage, not exceeding the transportation cost.

Clause 4. EXCLUSIONS

EDELWEISS SERVICE shall not be liable for any indirect losses, damages, or expenses, such as loss of profit, loss of customers, penalties, claims related to depreciation or depreciation payments, currency exchange rate fluctuations, increases in charges, or tax decisions by governmental authorities.

Various exclusions apply depending on which of the three operating roles of EDELWEISS SERVICE is involved.

Clause 5. INSURANCE

1. EDELWEISS SERVICE does not provide insurance coverage for loss or damage during transportation or storage unless a written request for the arrangement of insurance has been received from the Customer.
2. Upon receiving a written request from the Customer to arrange insurance coverage, EDELWEISS SERVICE shall arrange it on behalf of the Customer, acting as an agent.
3. When insurance coverage is arranged, the General Terms and Conditions of Carriage as well as the applicable clauses of the insurance market in which the risk is placed shall apply.

Clause 6. CLAIMS AND TIME LIMITS

1. Upon delivery of the cargo, the consignee shall inspect the condition, quantity, numbers, and weight of the packages and immediately notify of any visible damage or missing items. If the damage or shortage is not immediately apparent, the consignee must preserve the right to claim in writing within 48 hours of delivery.
2. Claims submitted after this period will not be considered by EDELWEISS SERVICE.
3. The limitation period for any claims against EDELWEISS SERVICE is one year from the date of actual or scheduled delivery of the cargo to the consignee.
4. Claims submitted to EDELWEISS SERVICE related to transportation or warehousing services, including delays or expenses, shall not be considered as part of other combined claims.

Clause 7. LIMITATION OF LIABILITY FOR THIRD PARTIES

EDELWEISS SERVICE reserves the right to independently select and engage agents, carriers, warehouse operators, customs brokers, and other organizations necessary for the transportation, storage, handling, and delivery of cargo. All such contractors are considered independent agents of EDELWEISS SERVICE.

Cargo is handed over to these agents under conditions that limit their liability for loss, damage, additional costs, or delay and in accordance with all applicable rules, regulations, requirements, and conditions stated (whether handwritten, printed, or stamped) in the relevant transport documents, bills of lading, invoices, and other documents issued by these agents, carriers, or warehouse operators.

Under no circumstances shall EDELWEISS SERVICE be held liable for any loss, damage, costs, or delays arising for any reason during the period in which the cargo was in the custody, possession, or control of such third parties engaged by EDELWEISS SERVICE.

Clause 8. LIABILITY OF EMPLOYEES

1. Any direct legal actions brought against employees of EDELWEISS SERVICE — whether permanent or temporary — in connection with the loss or damage of cargo, shall only be possible within the limits of liability specified in Clauses 3 or 4 of these Terms and Conditions.
2. In the event of joint legal action against both EDELWEISS SERVICE and its employees — permanent or temporary — the maximum amount of compensation shall not exceed the liability limits defined in Clause 3 of these Terms and Conditions

Clause 9. LIEN

1. Regardless of the reason, EDELWEISS SERVICE has the right to claim a lien on the transported cargo in the event of a claim filed by the Customer or its legal successor.

The right of lien applies to cargo that has already been delivered to EDELWEISS SERVICE.

Clause 10. GOVERNING LAW AND JURISDICTION

All agreements shall be concluded and interpreted in accordance with the applicable national legislation.

The place of performance of rights and obligations shall be the country in which the legally registered office of EDELWEISS SERVICE executing the agreement is located.

These General Terms and Conditions are available in both English and Ukrainian. In case of any discrepancies between the language versions, the English version shall prevail.

The following also apply:

• General Terms and Conditions of Freight Forwarding of EDELWEISS SERVICE;
• General Terms and Conditions of Cargo Transportation of EDELWEISS SERVICE;
• General Terms and Conditions of Cargo Transportation by EDELWEISS SERVICE Using Its Own Vehicles.

Clause 11. SEVERABILITY

The provisions of these General Terms and Conditions shall be deemed severable.

If any provision or part thereof is found to be invalid, this shall not affect the validity or enforceability of the remaining provisions or parts thereof.

Clause 12. CLAIMS

The remedies and limitations of liability stipulated in these Terms shall apply to any claim brought against EDELWEISS SERVICE in connection with loss, damage, or delay of cargo during transportation.

In case of inconsistency between the terms of an individual contract, assumptions, and these General Terms and Conditions, the provisions of these General Terms and Conditions shall prevail in the event of a dispute or claim.