Terms of Carriage

INSURANCE

Our vehicles are insured under the CMR convention. The commodity insurance for the products carried is made by the charterer.

The importer/exporter bears all risks in relation to packaging and loading defects. The importer/exporter shall bear all the responsibility for the loading and the loaded goods. The consignee and the consigner shall bear all risk and responsibilities that may occur due to the damage caused to the environment or to the nature by the transported goods, and frictions and convulsion occuring under normal conditions along the road, and they accept these terms in advance when they order the transportation service.

Our company may not be held responsible for the declared legal or illegal commodities, and losses and damages, which may occur during the commodity's packaging, loading, stacking and handling from the vehicle to the warehouse, or may occur due to manufacturing defects or the goods made of scattered, dirty or tear-damaged materials in the packaging, which cannot be detected, and also due to rust, corrosion, putrefaction, drying or the goods, which have high risk of damage considered specifically hazardous for transportation.

WEATHER CONDITIONS

Unless otherwise stated, all transportations shall be organized so as to be carried out with taut liner trucks. Our company may not be held responsible for damage on the goods due to seasonal conditions as it is not covered by the CMR insurance provisions either.

HAZARDOUS SUBSTANCES

Our transportation service does not include cargo in the dangerous goods category.

DELIVERY OF GOODS

In the event that the goods are not received by the consignee, the customer shall be notified immediately of the situation, and be expected to give further instructions within 7 days on where and how the goods should be delivered. The expenses and costs such as warehouse fees incurred due to failure to deliver on time shall be charged to the customer. In the event that the customer fails to give further instructions within this period, the transporter shall have the right of disposition on the goods.

DEMURRAGE

Demurrages occured due to consigner or consignee shall be invoiced. The free demurrage time is 24 hours (1 business day) for loading and 24 hours (1 business day) for unloading; the exceeding periods shall be invoiced as €150 per day. The transporter shall not be responsible for waiting periods in our country and at the customs of the countries en route, at the customs entry-exit gates due to inspections of our vehicle (such as doctor checks, customs control, etc.), and for such cases the terms in the demurrage paragraph shall apply.

In case of waiting or delay due to the original documents sent via the bank not reaching the consignee company or the overseas customs agent on time, the transported products shall be discharged at the relevant customs warehouse, and the transporter's responsibility shall end at this stage. In the event that the load remains on the vehicle, the demurrage fee shall be reflected on the charterer.

CHANGE OF ADDRESS

In case of changes of address or a loading at multiple addresses, differences of distance and cost shall be invoiced.

LOADING TONNAGE

The vehicle shall only be loaded at the designated place of loading at the start of work and in tonnage specified/approved in our proposal, and customs clearance operations shall be carried out at the specified address, and it shall unload the products transported to the specified address. In case of a difference in tonnage, the address or country of customs and/or unloading after the vehicle is loaded, the difference, that may occur, shall be added in the freight charge.

NOTICE OF CARGO CANCELLATION

The freight invoice shall be issued over the contract amount for loads not canceled before 24 hours after the vehicle is booked.

CUSTOMS CLEARANCE COSTS

Our freight charge proposal includes the freight charge, i.e. tarnsportation fee only. Customs clearance costs in Turkey and abroad are not included in our freight charge.

INCOTERMS

Our company may not be held responsible for obligations arising from the delivery/loading/payment terms, which have not been notified to us, and similar trade disputes between the consigner and consignee. In this regard, loading and unloading operations are not included in our freight charge.

INCORRECT/MISSING DOCUMENTS

All kinds of pecuniary and non-pecuniary losses and damages arising from transactions, which require legal action on the driver, vehicle owner or transporter, and confiscation of the vehicle due to preparation of incorrect or false documents and loading of the goods in an illegal manner, starting from the loading site until the end of unloading operation, shall be the responsibility of the consigner and consignee. Therefore, we reserve all rights to recourse to your company in such a case.

ILLEGAL PRODUCTS

Products, which are prohibited to be exported from Turkey OR to be imported to Turkey, or goods, which are subject to dispensations and/or are prohibited to be imported to the destination country or are subject to dispensations for such transportations may not be loaded on our vehicle. Otherwise; all material, moral and legal responsibility shall be borne by the consigner and consignee companies, and we reserve all rights to compensation.

FREIGHT CHARGE CALCULATION

For bulk products, shall be equal to 333 kgs; for products which cannot be stored on top of the other, 1 loading meter shall be equal to 7cubemeters, that is 1750 kgs. The loading capacity of our vehicles is maximum 20 tonnes. The maximum value for each scale is the minimum value of the next scale.

VALIDITY OF CONTRACT

In order for the contract to be valid, it should be signed and stamped with company seal and sent to us via fax by you. These contract terms cover the loads, the firm shall order in future. In the event of a separate contract for each load, the rules of this agreement are valid. Even if our loading agreement is not confirmed in writing by the customer, all terms of this agreement shall be deemed to be approved when the vehicle is loaded in accordance with communication via phone, email and similar electronic media. Changes on the contract, which are not confirmed by our company shall not be accepted.

COLLECTION AND DELAY

The freight charge shall be invoiced and collected based on the Turkish Central Bank's exchange sell rate on the date of the bill of lading. This document also causes the effect of an open account agreement. Freight charge may not be abstained by the charterer or the conssignee on the basis of damages. For payments made after the due dates, a late interest shall be applied on the basis of the interest rates applied for short-term commercial loans by Garanti Bankası A.Ş. and Yapı Kredi Bankası. In the event that proof of payment or payment itself is not issued or made at the maturity date contrary to this agreement, the transporter shall abstain from mate's receipt or delivery of goods, and use the right of retention on the goods. In such cases, the transporter may not be subject to claims for delay or losses, and costs and expenses arising from such cases shall be paid to the transporter.