general business terms
GENERAL TERMS OF BUSINESS OF CARRIER CRO EKSPRES doo IN DOMESTIC TRAFFIC
1. By accepting the offer, the sender (ordering the transport) enters into a transport contract with the carrier and undertakes to cover the transport costs indicated in the offer, and the carrier undertakes to transfer the items handed over for transport in the manner indicated in the offer, to the sender or to the recipient specified by the sender. By handing over the item to the sender or the recipient designated by the sender, the sender does not release himself from the obligation to pay the agreed transport fee, but jointly and severally guarantees with the recipient that the transport costs from the offer will be paid within the deadline.
2. By entering into a contract of carriage, the carrier undertakes to perform only the services specified in the offer.
3. By entering into a contract of carriage, the sender authorizes the carrier to conclude a contract of carriage with other carriers on his behalf and at his expense and enable the sender to further transport the goods to the desired destination by the most suitable route and carrier in accordance with the conditions of the offer or the contract of carriage. Any mediation service with other carriers according to the terms of the power of attorney from this point of the general conditions is included in the final price from the accepted offer from item 1. of these conditions and cannot lead to an increase in the price paid and contracted by the sender by accepting the offer, regardless of whether the specified service is separately stated in the offer. If, upon a special and/or additional request and/or due to the sender’s special needs and/or additional requests, another direction of movement and/or carrier is chosen, different from the one chosen by the carrier based on the power of attorney from these general conditions, the total price from the offer is subject to change .
4. The transport is considered properly completed if the sender or recipient at the place of destination or the place of handover to another carrier selected by concluding these general conditions do not request a written confirmation of the identity of the delivered items and the determination of damage or other defects for which the carrier is responsible, within the deadline immediately after receiving the delivered items things.
5. By entering into a transport contract, the sender accepts the limited liability of the carrier for the delay in transport for which the carrier is responsible in the amount of 1/10 of the amount of the agreed transport fee for each day of delay exceeding the delivery deadline specified in the offer, limited by the amount of the agreed fee for individual transport.
6. Compensation for all forms of material and/or non-material damage due to loss or damage to goods, including all further indirect and/or direct damage resulting from the event for which the carrier is responsible is limited in the total amount to the value of the lost and/or damaged goods, whereby if the sender does not indicate the value of the goods given for transport when concluding the contract, it is irrevocably considered that the total value of the goods handed over for transport is HRK 2,000.00, which amount is valid as the agreed limitation of the amount of liability, which is indicated in this way by the person ordering the transport.
7. The contracting parties agree that by accepting these general conditions, any liability of the carrier for damage is excluded (indirect and/or direct in all forms) due to delay and/or loss of goods if the same is the result of circumstances that the carrier could not foresee and the consequences of which he could not prevent, especially theft if the transport order and the accepted offer do not specifically indicate that about goods that could be the subject of theft or there was no indication of the value of the goods that could indicate the need for additional precautions or separate insurance of the shipment by the carrier, or if the loss, damage and/or delay are the result of the fault of the person ordering the transport and/or the holder of rights to the goods , especially if the customer or the right holder persisted with the order despite the carrier’s warning about the defects of the goods, packaging defects, the inadequacy of the type of goods for the specific transport or other warnings. recorded in the carrier and/or written communication of the contractor.
8. The possible invalidity of certain provisions of these general conditions and/or their individual parts does not affect the existence of the remaining provisions of these conditions and the concluded transport contract, in which case contractors assume the obligation to replace the invalid provisions and/or their parts with appropriate ones, respecting in particular the fair ratio of the economic profitability of individual transport against the value of the goods indicated by the customer.
9. By concluding a contract of carriage for all disputes for the purpose of payment of the agreed compensation for the performed carriage, compensation for damages against the carrier as well as other indirectly and/or directly arising disputes in connection with the contracted carriage, and based on these general conditions, the jurisdiction of the actually competent court is also contracted seat of the carrier from these general conditions!