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STANDARD TERMS & CONDITIONS OF TRANSPORTATION OF DOCUMENTS & PARCELS BY “SPEEDEX”
In reference to the transportation of parcels and documents through the delivery and handling system of “SPEEDEX”, the Sender agrees with the terms and conditions outlined herein. Any person involved - representative, agent or “SPEEDEX” employee, the Sender or the recipient - shall not be entitled to amend or cancel any of the terms and conditions included herein.
ARTICLE 1: “SPEEDEX” Consignment Note constitutes an non-negotiable document and the Sender recognizes that the aforesaid document was filled in by him/herself or “SPEEDEX” on his/her account. The Sender declares and agrees that he/she is the owner or holder or owner΄s representative or holder΄s representative of the items to be transported. Furthermore, the Sender declares that he/she hereby unconditionally agrees with SPEEDEX΄s terms of transportation both with regard to him/herself and in the capacity of the representative of the principal, owner or holder of the items to be transported.
ARTICLE 2: The Sender warranties that the item to be transported: a) is not included in the items prohibited by «SPEEDEX»; b) marks properly the required details of the sender and the recipient; c) has been properly packed, so that safe handling would be ensured. Any additional expenses that might occur during consignment (i.e. return or storage) of the shipment shall be paid by the Sender / Principal.
ARTICLE 3: “SPEEDEX” reserves the right, but is not obliged, to open and inspect the shipment that has undertaken toconsign. Furthermore, the company has the right to refuse the acceptance of the item, provided the Sender refuses the aforesaid inspection.
"SPEEDEX" has the right to interrupt the shipping of an item, when there is evidence that this falls under the category of prohibited items or if the Sender has not provided sufficient or correct details for the shipping for any reason whatsoever or finally, if the necessary documents required by the competent customs authorities have not been submitted.
ARTICLE 4: “SPEEDEX” has the right to withhold or refuse the delivery of any item transported until full repayment of any expenses occurred (fares - duties - bills of lading, etc.) as a result of the aforesaid transportation or any prior expenses is ensured.
ARTICLE 5: “SPEEDEX” undertakes the consignment of shipments by charging the recipient with its fees. In case of non-payment of the aforesaid fees for any reason whatsoever, the Sender shall assume the obligation of paying “SPEEDEX”.
ARTICLE 6: ”SPEEDEX” consigns any kind of shipment (i.e. purchase, cash on delivery, etc.) even following a non-written order (i.e. electronic, telephone). In this case, the principal assumes the rights and obligations of the sender referred to in the Consignment Note.
ARTICLE 7: In case of loss or damage of the item, document or parcel delivered, SPEEDEX΄s liability shall be limited to the smallest amount amongst the following: 7.1) Up to the amount of 50€ for documents and up to the amount of 100€ for parcels (domestic shipments); 7.2) Up to the respective amount in EURO of USD 100 for international shipments; 7.3) the actual cost of acquisition of documents or items, without taking into consideration its market value or their specific value for the sender, the recipient or any third person up to the amounts mentioned herein above. The actual cost of acquisition shall be the cost of replacement or reproduction of documents and the cost of purchase, repair or replacement of items (taking into consideration their condition upon acceptance), as being evidenced by the relevant documents produced. The foregoing shall also apply for shipment with a declared value, without though being insured with “SPEEDEX”. In any case, the provisions of Ministerial Decision no. 29030/816/2.6.2000 (Government Gazette 683/B) shall apply.
“SPEEDEX” enters into an agreement with the Principal 1 Sender on basis of strict limitation of its liability for direct loss only and up to the limits outlined herein above. In no case is the company liable for any other kind of loss or damage (including for instance the incidental and consequential damage, loss of profit, loss of business, etc.) due to any reason whatsoever, even in case the risk of such a loss or damage was notified to “SPEEDEX” prior or following the acceptance of the shipment. Any claims raised by the Principal 1 Sender or any third party shall be limited to only one claim per shipment, whereas its settlement shall constitute the final and complete settlement for any loss or damage with regard to the shipment. In no case may “SPEEDEX” know the exact content of all shipments. The Principal 1 Sender unconditionally agrees that the value of the content - in case he/she has not insured the content through “SPEEDEX” by paying the relevant price - is in any case lower than the limits specified in articles 7.1 and 7.2 and the Principal 1 Sender shall be liable for any deviations of the above limits, in any case of loss or damage caused to the Shipment.
ARTICLE 8: The Principal/Sender may proceed with the insurance coverage of his/her shipments through the insurance company collaborating with “SPEEDEX”, being encumbered with the respective cost of insurance amounting to 0.6% on the insured value (Domestic courier services) and 1% on the insured value (International courier services).The insurable value should be referred to the predefined field in the Consignment Note and may be certified by relevant lawful documents. For shipments of a value exceeding 3.000€, the transportation and insurance coverage of consignments may be effected following communication and special agreement (in writing via FAX) with the company. It is explicitly agreed that in case the Principal/Sender insures the items to be transported by “SPEEDEX” with another insurance company of his/her preference (except for the insurance coverage here by provided by “SPEEDEX”), the total liability of “SPEEDEX” assumes against the Principal/Sender and consequently, against any Insurance company and any third person shall not exceed the amounts specifically agreed and outlined herein above (article 7, 7.1 and 7.2). In this case, the Principal / Sender or the third party declares and warranties to “SPEEDEX” that the waiver of any right of subrogation of the insurance company against the carrier has been included in the insurance agreement, whereas the Principal/Sender or any third party shall be held liable against the company for any loss that may occur, as a result of the non-inclusion of the above term in the insurance coverage. It is obvious that any damage, loss or theft of the item provenly due to “SPEEDEX” is a prerequisite for the payment of any amount of compensation on behalf of “SPEEDEX”.
ARTICLE 9: “SPEEDEX” shall make every effort and proceed as necessary to deliver every item, in accordance with the standard delivery schedule, as being specified in the official webpage of the company www.speedex.gr . Any incorrect understanding of the Principal 1 Sender or unbidden ,indication - marking on the Consignment Note or the shipment with regard to the delivery times shall not be valid and shall not be binding for the company. In case of delay in the delivery of a shipment on the its evident and proven liability, “SPEEDEX” shall not be held liable for any loss or damage caused exceeding the amounts specified in Ministerial Decision no. 29030/816/2000 (Government Gazette 683/B/2000).
In particular, any compensation as a result of delay in the delivery of an item may not exceed the compensation paid for loss of non-insured shipments, as specified in Article 7, 7.1 and 7.2. The maximum limits of compensation specified shall be accepted by the Principal 1 Sender, who shall waive of any other possible claim for additional incidental and consequential damage, loss of profit, loss of business, etc. as a result of any reason whatsoever. The foregoing shall apply even if the possibility of such a loss was notified to “SPEEDEX” prior or following the acceptance of the shipment. However, in no case will «SPEEDEX» be held liable for any delay in accepting, transporting or delivering an item or for any loss, damage, failure, bad delivery or non-delivery whatsoever that is due to force majeure or unpredictable causes such as for instance: a) extraordinary occurrences beyond reasonable human control (accident, bad weather, delay of means of transportation, criminal acts, etc.); b) acts and omissions or wrongful instructions given by the sender or the recipient or any third party with interest in the said delivery; c) the nature of the item that may suffer a special damage, alteration or damage, i.e. delicate foodstuff, magnetic means, etc. In any case, SPEEDEX΄s liability with regard to the shipment transported shall cease to be in force upon the delivery of the shipment to the Recipient. The Recipient΄s signature with the inclusion of the delivery details on the Consignment Note, without the written indication of any Reservation, shall constitute a firm evidence of the correctness of delivery.
ARTICLE 10: Any claim raised by the Sender should be notified in writing to the headquarters of “SPEEDEX” or its closest agent or representative within 6 months from the date of acceptance of the shipment by “SPEEDEX”. No claim shall be accepted following the lapse of the above deadline.
ARTICLE 11: ”SPEEDEX” shall not undertake the shipping and transportation of the following documents and items: money - fragile items that are not properly packed - activated bank cards - telephony cards (mobile or not) - gold in any form whatsoever - golden watches - jewellery - precious stones & metals - antiquities - works of art - non reproducible documents or items (such as personal mail/films / video, stamps, lottery tickets, antiquities) - weather able foodstuff plants - narcotics - flammable, explosive and radioactive materials - biological materials - infectious, corrosive and poisonous substances - types or parts of armament - animals pornographic materials and General Items whose transportation is prohibited under international conventions or Organizations (lATA, ICAO) and/or provisions of the Community and/or National Legislation. “SPEEDEX” is not obliged to inspect the content of the item to be transported and the Sender solemnly declares that the shipment does not contain any of the items mentioned herein above.
ARTICLE 12: Any item to be transported shall be weighed / volumetrically weighed at the company΄s premises and its pricing shall be effected based on the aforesaid weight and independently of the weight declared by the sender. The charge for each shipment shall be calculated based on the greatest weight between actual weight and volumetric weight.
ARTICLE 13: In case the item is impossible, for some reason, to be delivered to the recipient or to be returned to sender, then it shall remain for a period of six (6) months from the last unsuccessful attempt of delivery at the Company΄s warehouse at the expense of the sender. Following the lapse of the said 6-month period, the item shall be deemed as finally undeliverable and its destruction procedure shall commence, following the relevant destruction protocol drawn up by the company. The items that have been officially retained or the items of a value of less than 100€ based on the sender΄s declaration shall be exempt from the said procedure and shall be rendered to the Hellenic Telecommunications and Post Commission (E.E.T.T.).
ARTICLE 14: Any dispute shall be settled either in an amicable way through the written communication between the user and “SPEEDEX” or with the constitution of a Committee for the Settlement of Disputes: “SPEEDEX” following a relevant request shall constitute a Committee for the Settlement of Disputes.
ARTICLE 15: Any legal dispute between “SPEEDEX” and the user shall be subject to the exclusive jurisdiction of the Courts of Athens.