Sunday, 20 May 2018 , 16:51
Cargo services – General terms

GENERAL TERMS
of the agreement with the users of general postal services rendered by «Econt Express» LTD, according to registration certificate for rendering non-universal postal services 0026/03.11.2009


Section I : General provisions
 
1. These General Terms (GT) of the agreement with users of non-universal postal services rendered by «Econt express» LTD, referred to hereinafter as «Courier», determine the rights, the obligations and the responsibilities of the parties herein while executing and using the above mentioned services.

2. All natural persons, sole traders and legal persons can be users of non-universal postal services rendered by Courier.

3. Parties herein, as of item 1, may also negotiate other terms for rendering non-universal postal services, whereupon they will conclude individual agreements, as these GT will be an integral part of them.

Section II: Scope and characteristics of the services

4. The General Terms will apply to:
- courier services, rendered by Courier on the territory of the Republic of Bulgaria – ordinary and special, according to their description in the courier services tariff of Econt express LTD (the Tariff) ; - receiving messages, sent in a physical or electronic form by sender, transmitting them through electronic means of communications and delivering these messages to Recipient as postal parcels, referred to hereinafter as «the Messages».

Section III: CONDITIONS FOR ACCESS
 
5. Courier guarantees users equal access to the postal services rendered by his postal network. Postal services are realized through postal networks which may include fixed post-offices and/or mobile post-offices, post agencies and detached postal offices, exchange and sorting centers, means of transport and technical equipment.

6. Postal shipments will be received from Sender’s address or at the offices of «Econt Exrpress» LTD on the territory of the whole country and within the working hours determined by «Econt Exrpress» LTD, which will be placed at a spot in the offices visible and accessible to all users.

7. The agreement for courier services consists of two parts – the waybill and these GT and is considered to be:
- concluded upon receiving the shipment from Sender, which is certified by the signatures of Sender and Courier affixed to the waybill;
- executed upon handing the shipment to Consignee, which is certified by the signatures of Consignee and Courier affixed to the waybill.

8. The agreement for delivery of messages will be considered to be concluded if:
- the message, together with the complete information about Consignee’s name, address and telephone, is submitted to Courier on a physical bearer and confirmed by the parties with their signatures affixed to a Courier’s form;
- the message, together with the complete information about Consignee’s name, address and telephone, is submitted in an electronic form sent to the internet address directmail@econt.com and its reception is confirmed by an acknowledgement of receipt;

9. The agreement for delivery of messages will be considered executed when the Messages Delivery list is signed by Consignee or the message is delivered to his/her mail-box.

Section IV: Requirements for the quality and efficiency of the service

10. Куриерът се ангажира с доставка на всяка куриерска пратка или 10. Courier engages to deliver each courier shipment or Message within the period declared in the current Tariff, provided the information entered in the waybill about Consignee’s name, address and telephone given by Sender is complete and correct. The periods of delivery are:
- for settlements with a Courier’s office – one working day;
- for settlements without a Courier’s office – according to a delivery schedule or up to 3 days if the settlement is not included in a schedule.

11. Courier guarantees protection of the secrecy of users’ correspondence during execution of the courier service, as well as afterwards.

12. Courier will undertake the necessary measures for the security and protection of the postal shipments, for not admitting acceptance, carrying and delivery through its postal network of prohibited objects and substances:
     12.1. will co-operate with the competent state authorities for ensuring postal shipments’ security;
     12.2. will carry out the requirements for postal security and will guarantee the security of its postal network.

13. The types of services rendered by the postal operator are described in his Tariff which is an integral part of these General Terms.

14. The deadlines for payment of Collect on Delivery are the same as those applicable to a courier shipment and start on the day following their registration in Courier’s waybill as accepted by Courier.

Section V: Prices and ways of payment
 
15. The prices of the ordinary and the special courier services or delivery of Messages will be stated by Courier in the Tariff or in an individual agreement with the user as of item 3 herein. The prices, indicated in the individual agreement may not be higher than the ones stated in the Tariff.

16. The prices of the services or delivery of Messages will be paid by users in advance, in cash or by bank transfer, as they may be paid within definite terms, as agreed with Courier.

Section VI: Conditions for accepting and delivery of courier shipments
 
17. Courier shipments are accepted and delivered by Courier to Senders and Consignees directly, according to the waybill terms and conditions, at the address or in Courier’s office.

18. Messages are accepted from Senders:
- on a physical bearer, at the address or in Courier’s office;
- via e-mail, at the internet address: directmail@econt.com

19. Messages are delivered to Consignees:
- according to the Delivery list, at the address or in Courier’s office;
- to Consignee’s mail-box.

20. When sending a shipment, all the information in the waybill will be filled in by Sender’s orders. With affixing his/her signature to the waybill, Sender:
- confirms the information entered therein;
- renders personal data and gives his/her consent for their processing as required for the execution of the concluded transport agreement, in which Sender is a party ;
- undertakes full responsibility in case the information is inaccurate or wrong;
- confirms his/her agreement for Courier to manipulate his/her shipment (re-packing, additional packing according to art. 25.5 of these GT)
- acknowledges that he/she is aware of these GT and that they are an integral part of the shipping agreement.

21. When sending Messages, all the information regarding Consignee included in the Delivery list and/or upon the postal shipment will be filled in by Sender’s orders, submitted in physical or electronic form, as courier will not undertake checking its reliability.

22. Each Courier shipment or Message delivered with a Delivery list will be handed to Consignee personally, and in case of his/her absence, to a person who would take pledge before Courier to hand it to Consignee. This circumstance will be entered in the waybill or the Delivery list.

23. If Consignee refuses to receive the shipment or the message, he/she will enter this circumstance in the waybill or the Delivery list and will undersign it. Refusal to undersign will be certified by a Courier’s employee.

24. A shipment, undelivered because of refusal or Consignee’s living in obscurity, or finding an unknown person at the address or in case of death, will be returned to Sender for his/her account. If the latter refuses to receive it within 7 days from his notification, the shipment will be destroyed.

Section VII: Rights and obligations of Courier, Senders and Consignees
 
25. Courier has the following rights and obligations:
      25.1. Courier must render users information about all the characteristics of the services, including their prices, as well as upon users’ request – verification about the terms and conditions for using the services, by placing the GT and the Tariff on a visible and accessible place in each of his offices, on his webpage in the internet, as well as to submit them to users free of charge upon request;
      25.2. Courier must examine all claims and compensate users according to the stipulations of these General Terms.
      25.3.Courier must carry out the service paid by user with the quality characteristics as defined herein.
      25.4. Courier has the right to organize and execute, at his own discretion, the acceptance, handling, transporting and delivery of shipments using routes, vehicles, or subcontractors as he finds appropriate and suitable for the purpose at hand;
      25.5. Courier has the right to do additional packing or repacking of shipments whose integrity has been impaired for protecting their contents;
      25.6. If there are enough reasons to consider that an accepted shipment contains forbidden objects or substances, Courier will detain the shipment and will demand Sender’s or Consignee’s written consent for opening it
      25.7. In case of suspicion for the presence of prohibited objects or substances in a shipment, Courier has the right to examine it in Sender’s presence or with his written consent. In case of refusal or lack of response, Courier has the right to refuse to accept the shipment or to notify the respective competent authorities for ordering further actions if the shipment has already been accepted;
      25.8. Courier is bound to comply with additional Sender’s orders before the shipment has been delivered if they are realizable and do not violate Courier’s work organization.
      25.9. Courier is bound to comply with the requirements for personal data protection while carrying out of the services.

26. Senders and Consignees of courier shipments have the following rights and obligations:
      26.1. Senders have the right to dispose with shipments until the moment of handing them to Consignee, in the capacity of their lawful owners and directors, undertaking to pay all the costs incurred by Courier in relation to the execution of the orders;
      26.2. Based on art. 26.1. Senders grant a limited right to Consignees to:
- change the Courier’s office selected by Sender for delivering the shipment, choosing among the possible ones within the settlement to which the shipment is addressed;
- change the address, specified by Sender, for delivery of the shipment within the settlement to which the shipment is addressed;
- change the day for delivery, specified by Sender, within the settlement to which the shipment is addressed;
     26.3. Senders are bound to pack their shipments so as to be suitable for transportation, as all the consequences resulting from failure to comply with the above requirement will be for their account, risk and responsibility. Upon Sender’s express order, and against additional payment, Courier will provide a cardboard box for packing the shipment, with sizes and for a price as per the Tariff.
     26.4. Senders will be liable for damages caused to Courier’s property/employees or to other shipments/persons by shipments they have submitted. The liability will be in the amount of the losses suffered by courier or the compensation he paid.
    26.5. Senders will pay the cost of the service for shipments sent for Consignee’s account in case the latter refuses to pay;
    26.6. Senders and Consignees have the right to receive complete information regarding the characteristics and parameters of Courier’s services, to lodge applications and claims, as well as to receive compensation in case of damages caused by Courier, according to the regulations of Section IX herein.

Section VIII: Objects and substances prohibited for transportation
 
27. The following objects and substance are prohibited to be placed in postal shipments:
      27.1. Narcotic, opiate, psychotropic, highly stimulating and poisonous substances;
      27.2. Weapons, explosives, combustible or other dangerous substances or objects;
      27.3. Indecent objects or contradicting to the moral;
      27.4. Objects and substances which, because of their nature or packing endanger the life or health of Courier’s employees or other persons, or may contaminate or damage other shipments and postal equipment;
      27.5. Religious stuff of prohibited sects and organizations unregistered in the country;
      27.6. Movable cultural relics for which no permission or certificate have been issued;
      27.7. Except for shipments with a declared value, users do not have the right to place in courier shipments coins, bills, currency, traveler’s cheques, objects being of value for Sender, platinum, gold, silver, processed or unprocessed precious stones and other valuable objects.

Section IХ: Claims and compensation procedures
 
28. РClaims against Courier may be lodged in relation to incomplete, incorrect or delayed execution of the agreement for courier services or the agreement for direct delivery of messages according to a Delivery list, up to 6 months from the date of accepting the shipment. When the incorrect execution of the services has been ascertained before Courier and in his presence, the latter shall draw up a findings report, which shall be attached as part of the claim procedure. Courier is bound to initiate a claim procedure even if no finings report exists.
The following persons are entitled to lodge claims:
     28.1. Sender of the shipment, and after its delivery – the Consignee;
     28.2. Until receiving the shipment, Consignee has the right to lodge a claim and/or demand compensation only with Sender’s written consent;
     28.3. After delivery of the shipment, Sender has the right to lodge a claim and/or demand compensation only with Consignee’s written consent.

29. Courier will not bear responsibility when delivering Messages to Consignee’s mail-box.

30. In case the Sender of the shipment or the message has given an incomplete/incorrect address or telephone for contacting Consignee, Courier will not be bound to keep the preliminary declared period for delivery.

31. Courier is free of liability for any delay or nonfeasance if performance has been impeded or delayed due to Acts of god, strikes, revolts, war, and which are ascertained by the competent authorities.

32. A claim will be considered to have been lodged properly only when all the conditions as per Art. 28 herein have been fulfilled, all due sums have been paid to Courier without delay or deduction and all documents required by Courier have been presented, and namely: (1) A findings protocol, undersigned by both Courier and Client when one has been drawn up /only in the cases of ascertained incorrect execution in Courier’s presence/, (2) Letter of claims, (3) A document certifying the goods’ value in cases of loss or damage – an Invoice for the goods’ price or a bill of goods.

33. Claims regarding a missing or damaged part of the contents or delayed execution of the agreement for direct delivery of Messages according to the List of delivery will be certified by Consignee entering this circumstance in the list of delivery and by drawing up a Findings Protocol at the moment of receiving the shipment. Courier is bound to provide an opportunity for Consignee to examine the condition and contents of the shipment.

34. Compensation of claims related to a missing or damaged part of the contents, or delayed delivery or theft of a Message according to the List of delivery will be determined by Courier and will be in the amount of the actual value of the inflicted damage, but not exceeding ten times the cost of the courier service.

35. Claims regarding a missing or damaged part of the contents of a courier shipment or delayed execution of a courier service will be ascertained by entering this circumstance in the waybill and by drawing up a findings protocol at the moment of receiving the shipment. Courier is bound to provide an opportunity for Consignee to examine the condition and contents of the shipment.

36. Compensation of claims related to delayed execution of a courier service, a missing or damaged part of the contents of a courier shipment without a Declared value will be determined by Courier and will be in the amount of the actual value of the inflicted damage, but not exceeding ten times the cost of the courier service.

37. Compensation of claims related to a missing or damaged part of the contents of a courier shipment with Declared value will be determined by Courier and will be in the amount of the actual value of the inflicted damage, but not exceeding the Declared value.

38. Compensation of claims related to loss, destruction or theft of a courier shipment without Declared value will be determined by Courier and will be in an amount up to ten times the cost of the courier service.

39. Compensation of claims related to loss, destruction or theft of a courier shipment with Declared value will be determined by Courier and will be in the amount of the Declared.

40. Compensation of claims for not meeting the deadline for paying Collect on Delivery will be in the amount of the cost of the COD service as specified in Courier’s Tariff.

41. After presenting the necessary documents as per art. 32 herein, Courier is bound to notify claimant about the results of his/her claim within a period of 14 working days.

42. In case of transporting shipments with declared value, if a discrepancy is found between the declared data entered in Courier’s waybill (invoice number/bill of goods number) and the originals presented by Client upon occurrence of an event, it will be deemed that a duly drawn up document for lodging a claim does not exist and «Econt Express LTD» preserves the right not to pay the full amount of the shipment’s declared value.

43. In case Courier pays compensation equal to the shipment’s cost due to Client’s claim, Courier becomes proprietor of the claimed goods. Client is bound to hand it over to Courier before paying the compensation described in the bilateral Agreement.

44. The deadline for paying compensation on the part of Courier is three working days from the date of the undersigned bilateral Agreement between Courier and Client regarding the amount of the risk approved by Courier. The Agreement is sent to Client by Courier together with a Letter of Notification for closing the claim. (Page two of «Letter of claim» - Conditions and procedures for lodging claims against «Econt Express LTD», published in the Document Center on Courier’s website)

Section Х: Settlement of disputes
 
45. Disputes between Users and Courier will be settled on the basis of amiable partnership, through negotiations and additional agreements. In case agreement is impossible to reach, each party may request the assistance of the CRC, other competent authorities or to refer the dispute for settlement to the competent Bulgarian court of justice.

Manager: Signature
Nikolay Sabev


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