GENERAL TERMS & CONDITIONS (GTC)
These General Terms & Conditions govern all services provided by SAVCHUK INTERNATIONAL OÜ. Any order of services, payment of an invoice, or presentation of a vehicle for loading constitutes the Client’s full and unconditional acceptance of these GTC. We act exclusively as a freight forwarder (intermediary) and do not assume liability as an actual carrier.
SUBJECT OF THE AGREEMENT
The Forwarder offers to provide, for remuneration and at the Client’s expense, freight forwarding and logistics organisation services, including the organisation of international and/or domestic carriage of goods.
Such services include, but are not limited to: – selection and engagement of third-party carriers; – coordination of transport routes and logistics processes; – advisory services related to delivery optimisation; – monitoring and coordination of the transport process.
The Forwarder acts exclusively as a freight forwarder and intermediary and does not perform carriage of goods itself.
1. DEFINITIONS AND INTERPRETATION
1.1 Forwarder – the legal entity providing freight forwarding, logistics coordination and organisational services, acting exclusively as an intermediary and not as an actual carrier.
1.2 Client – any legal or natural person requesting, ordering, benefiting from or acting in connection with the Services, including the sender, consignee, owner of the Goods or any person acting on their behalf.
1.3 Carrier – any third party performing the actual physical carriage of the Goods by road or other means.
1.4 Goods – any cargo, commodities, products, materials or items accepted for transportation, including packaging, pallets, containers or loading units.
1.5 Services – all services provided by the Forwarder, including but not limited to organisation of transport, coordination, consultancy, documentation handling, monitoring, communication and administrative support.
1.6 CMR – the Convention on the Contract for the International Carriage of Goods by Road (Geneva, 1956), as amended.
1.7 Forwarding Fee – the remuneration payable to the Forwarder for its Services only, excluding carrier freight, duties, taxes, insurance premiums and third-party costs.
1.8 Force Majeure – any event beyond the reasonable control of the Forwarder, including but not limited to war, armed conflict, strikes, border closures, epidemics, pandemics, governmental acts, natural disasters, infrastructure failures or interruptions of transport networks.
2. SCOPE OF APPLICATION
2.1 These General Terms & Conditions (“GTC”) apply to all Services provided by the Forwarder, irrespective of whether reference is made to them in individual documents.
2.2 Any deviating or conflicting terms of the Client are expressly excluded unless accepted in writing by the Forwarder.
2.3 Acceptance of Services, invoices, payment or ordering of Services constitutes unconditional acceptance of these GTC.
3. STATUS OF THE FORWARDER
3.1 The Forwarder acts exclusively as a freight forwarder and intermediary.
3.2 The Forwarder is not an actual carrier, does not perform carriage itself, does not own or operate transport equipment and does not assume carrier liability.
3.3 No provision of these GTC shall be construed as creating carrier responsibility for the Forwarder.
3.4. Where the Forwarder enters into contracts with Carriers, it does so as an independent contracting party for the purpose of performing the Services, without assuming carrier liability, and all related costs are borne by the Client.
4. SUBCONTRACTING
4.1 The Forwarder is entitled to subcontract carriers, agents or other forwarders at its sole discretion.
4.2 The Client waives any right to object to the selection of subcontractors.
4.3 The Forwarder shall not be liable for acts, omissions, insolvency or default of any Carrier or subcontractor.
5. SERVICES AND INSTRUCTIONS
5.1 The Forwarder shall perform the Services with reasonable care in accordance with customary freight forwarding practices.
5.2 The Forwarder may rely on instructions provided by the Client without obligation to verify their accuracy or completeness.
5.3 Instructions which expose the Forwarder to increased risk may be refused or performed only subject to additional remuneration or conditions.
6. PRICES, PAYMENT AND CREDIT
6.1 Prices are net and exclusive of VAT, duties and taxes unless expressly stated otherwise.
6.2 Invoices are payable within 14 calendar days from the date of issue.
6.3 The Forwarder may at any time: require advance payment; set, reduce or revoke credit limits; suspend Services without liability.
6.4 Late payments may incur statutory interest and collection costs.
7. RIGHT OF LIEN AND SET-OFF
7.1 The Forwarder shall have a contractual right of lien over: Goods; documents; proceeds of sale until full settlement of all outstanding claims, in accordance with the Estonian Law of Obligations Act.
7.2 The Forwarder may realise the lien in accordance with applicable law.
8. DOCUMENTS, CUSTOMS AND COMPLIANCE
8.1 The Client guarantees the correctness, completeness and legality of all documents and information provided.
8.2 The Forwarder is not responsible for customs clearance, export or import formalities unless expressly agreed in writing.
8.3 Any fines, penalties, delays or losses caused by incorrect documentation are borne exclusively by the Client.
9. CMR AND TRANSPORT LIABILITY
9.1 CMR applies exclusively to the actual Carrier.
9.2 Any liability for loss, damage or delay during carriage rests solely with the Carrier under CMR.
9.3 Compensation under CMR is limited to 8.33 SDR per kilogram of gross weight.
10. LIABILITY OF THE FORWARDER
10.1 The Forwarder shall be liable only in cases of gross negligence or wilful misconductin the organisation of the Services.
10.2 The Forwarder shall not be liable for: acts or omissions of Carriers; theft, hijacking, loss or damage during transport; delays; Force Majeure events.
10.3 The Forwarder’s total liability shall never exceed the amount of the Forwarding Fee for the relevant shipment.
11. EXCLUSION OF INDIRECT DAMAGES
11.1 The Forwarder shall never be liable for: loss of profit or revenue; loss of contracts or market; production downtime; contractual penalties; indirect, consequential or economic damages.
12. HIGH-VALUE GOODS AND INSURANCE
12.1 Goods with a value exceeding EUR 50,000 per vehicle must be declared in writing prior to loading.
12.2 Failure to declare high-value Goods releases the Forwarder from any additional liability.
12.3 The Forwarder does not provide cargo insurance by default.
12.4 Cargo insurance is the sole responsibility of the Client.
13. CLAIMS AND TIME LIMITS
13.1 Visible damage must be noted immediately upon delivery.
13.2 Hidden damage must be reported within statutory CMR time limits.
13.3 Claims not submitted within applicable time limits are time-barred.
14. ASSIGNMENT OF CLAIMS (CESSIO)
14.1 The Forwarder may, at its discretion, assign claims against the Carrier or insurer to the Client.
14.2 Upon assignment, the Forwarder shall be deemed to have fully discharged its obligations.
14.3 The Forwarder owes no compensation unless and until funds are actually received from the Carrier or insurer.
15. FORCE MAJEURE
15.1 The Forwarder shall not be liable for failure or delay caused by Force Majeure events.
15.2 Obligations are suspended for the duration of such events.
16. TERMINATION AND SUSPENSION
16.1 The Forwarder may terminate Services with immediate effect in case of: non-payment; breach of these GTC; insolvency or financial risk of the Client.
16.2 Termination does not affect outstanding payment obligations.
17. GOVERNING LAW AND JURISDICTION
17.1 These GTC are governed by Estonian law.
17.2 Exclusive jurisdiction lies with the court at the Forwarder’s registered office.
17.3 The Parties confirm that this Agreement is concluded within professional business activity (B2B).
18. SEVERABILITY AND FINAL PROVISIONS
18.1 If any provision is invalid, the remaining provisions remain effective.
18.2 No waiver shall be effective unless made in writing.
18.3 These GTC constitute the entire agreement regarding the Services.
19. MANDATORY ESTONIA SAFE CLAUSE
Nothing in these General Terms & Conditions shall exclude or limit liability for wilful misconduct where such exclusion or limitation is prohibited by applicable law.
20. INVOICE ACCEPTANCE CLAUSE
By accepting invoice, making payment or ordering services, the Client confirms acceptance of the Forwarder’s General Terms & Conditions (GTC).