General Terms

I. General Provisions and Subject Matter

1.1 VEP Transport Ltd or Carrier means the company to which the relevant freight order is assigned.

1.2 Transport Contract Order and Order means any written document sent by email, fax or electronic data interchange which assigns a transport service to VEP Transport and which contains the terms and conditions under which the service is to be performed. Once accepted, the request constitutes a valid contract of carriage.

1.3 Goods or Cargo means the subject matter of the transport services and related transactions as per the request and these Terms and Conditions. The container, packaging or protective equipment of the cargo used during the transport service shall also be treated as Goods or Goods.

1.4 Full Load /FTL-FULL TRUCK LOAD/ is a full load of the transport unit. It is distinguished by direct loading, delivery and unloading between the points of consignor and consignee.

1.5 Partial load / LTL-LESS THAN FULL TRUCK LOAD/ is an incomplete loading of the transport unit and combining with other LTL loads. It is distinguished by a volume of more than 2.5 tonnes in direct loading, delivery and unloading between the consignor and consignee points.

II. Subject

2. These General Terms and Conditions of the contract for the provision of transport services shall govern the terms and conditions under which the Carrier shall provide to its customers the transport services offered by it. The Carrier shall also provide the possibility to generate electronic enquiries/online request via functional enquiry forms within its website.
2.1. The General Terms and Conditions shall determine the scope and characteristics of the provided cargo services, the conditions for access to the provided services, the requirements for quality and efficiency of the service, the method of payment for the services, the conditions for acceptance and delivery of the shipments, the rights and obligations of the Operator, the rights and obligations of the cargo services, the prohibited items and items, the type and amount of liability of the parties to the contract for transport services, the procedure for filing claims, the procedure and method for resolving disputes and other issues related to the provision of the services.
3. The consignee of the cargo, including telephone number and full details of the unloading address.
3.1 Delivery period.
3.2 Amount and timing of payment of the Principal/Operator’s remuneration.
3.3 Route, in case no route is specified, the Carrier shall have the right to select the route it deems most appropriate.
3.4 Cargo Payer.
3.5 Additional instructions if necessary.
3.6 Any variation to the terms of the order must be in writing to be valid.
3.7 The contract of carriage shall be established by a completed bill of lading drawn up in accordance with the provisions of Article 6 of the SMR Convention and Articles 52 and 53 of the Road Transport Act (RTA). The terms and performance of the contract of carriage are subject to the Conditions of Carriage for Domestic Carriage and the SMR Convention for International Carriage.
4. These General Terms and Conditions shall be binding on the Operator and the users (Customer/Shipper and Consignee) and shall form an integral part of the contract concluded between them upon submission/acceptance of an order. By signing the Operator’s delivery note or handing over the cargo, the User declares that he/she is familiar with the conditions and agrees with their content. Signatures may be:
4.1 A handwritten signature on a paper copy of the documents;
4.2 An electronic signature affixed to an electronic version of the documents without the need to print them out on paper;
5. The parties may agree additional and/or other terms and conditions for the provision of cargo services, for which an individual contract shall be concluded.
6. The present General Terms and Conditions shall apply to the contract referred to in clause 5.

III. RIGHTS AND OBLIGATIONS OF THE PARTIES

7. The Customer / Shipper undertakes to pay to the carrier the freight agreed in the contract.
7.1 Preparation and completion of the bill of lading and the cargo documents shall be the responsibility of the Customer/Shipper.
7.2 The Customer/Shipper is obliged to notify the Carrier in writing of any particulars of the cargo relating to the safety of the Carrier as soon as the application is submitted.
7.3 Together with the cargo, the Customer/Shipper is obliged to hand over to the Carrier all documents required by the state authorities and necessary for its transportation to the Consignee.
7.3.1 In cases where the cargo is to be transported outside the border of the Republic of Latvia, the Customer shall be obliged to provide the following information to the Sender. Bulgaria, the Shipper shall be obliged to provide and complete the transport documents in the relevant foreign language and to indicate the necessary particulars required by the relevant international legal treaties. Any costs caused by non-submission and incorrect completion of transport documents by the Shipper shall be borne by the Shipper.
7.3.2 Demurrage and other costs resulting from the Shipper’s failure to comply with its obligations under this Section shall be borne by the Shipper. The Shipper shall also pay all additional costs and additional freight to the Carrier in the event of a subsequent change in the rate other than that originally requested.
7.3.3 In case there are multiple single packages to different consignees to be placed on a pallet (croupier) already at the consignor’s warehouse and to travel to the storage depot of HPP Transport. The goods/shipments must NOT protrude from the base of the rack/pallet.
7.3.4 The Carrier shall be entitled to be paid for the carriage of the goods by it, as per the terms and conditions stipulated herein.
7.3.5 The Carrier undertakes to provide technically fit and insured transport vehicles with a free load space not less than requested, to secure the cargo properly when stipulated in the request.
8. The Carrier shall be entitled to subcontract the execution of the transport order to a third party, assuming liability for all acts/omissions of the subcontractors involved, in accordance with the SMR Convention and the CLA.
9. Information about the carriage and the overall service is placed on the Carrier’s website.
Conclusion of a contract for transport services. Acceptance of the General Conditions
10. The contract for transport services shall be deemed to have been concluded upon completion of the bill of lading and acceptance of the shipment by the Carrier.
11. By handing over the cargo to a representative of the Carrier, the Shipper agrees to the Carrier’s General Conditions.
12. The Contract for Transport Services shall be deemed to have been executed upon the Shipper’s signature being affixed to the designated space on the Bill of Lading evidencing execution of the Contract.
QUALITY AND EFFICIENCY REQUIREMENTS
13. The Carrier undertakes to deliver the Cargo within the time limits according to the service.
14. The Carrier shall ensure the confidentiality of the Shipper’s correspondence of transport services, including the Shipper’s, Consignee’s data and the contents of the cargo, both during and after the performance of the service, in accordance with the requirements of the General Data Protection Regulation (GDPR) 2016/679 and the Personal Data Protection Act.
15. The Carrier shall ensure the protection of the cargo in accordance with the General Conditions and the additional insurance.

IV. CONDITIONS FOR ACCEPTANCE AND DELIVERY OF TRANSPORT CONSIGNMENTS

Acceptance of cargo
16. Cargoes shall be accepted at an address designated by the Shipper or at a warehouse depot of the Carrier during specified business hours. By accepting the Cargo, the Carrier undertakes to transport it to the Consignee specified in the order/receipt.

V. METHOD OF PAYMENT. NOTICE

17. Domestic and international shipments performed may be paid for by the Customer/Shipper and at times determined in accordance with individual contracts or orders. If not paid in advance or no time limit is specified, payment shall be due within 20 days of invoice.
18. The Customer/Builder shall pay remuneration to the Carrier in the amount and within the time limits specified in the Order under these General Conditions or in the individually concluded contract.
18.1 If, upon receipt of the cargo and its unloading, any obvious damage or shortages due to the carriage are found, the consignee of the cargo shall note them in the consignment note. A claim in such cases shall be submitted by the Customer / Shipper / Consignee within 21 /twenty-one/ working days from the date of discovery of the damage. The Principal/Insurer/Recipient shall submit all evidence proving the damage suffered /e.g. bills of lading, acceptance reports, inspection reports, delivery invoices, photographs, etc./.
18.2 in case of shortages and damages after unloading of the cargo /hidden shortages and/or damages/, the Customer/ Consignor shall have the right to claim according to the terms and conditions of the SMR Convention and the CLA – within 7 working days from the date of delivery. Within this period, the Customer/Consignor/Consignee shall provide all evidence proving the damage suffered.
19. The liability of the Carrier for the goods transported, irrespective of the value of the damage caused, is limited, in accordance with the liability under the SMR Convention and the CLA.
19.1 In the event of the Carrier’s failure to meet the agreed deadlines with more than 1 working day delay, compensation shall be due as follows:
– for domestic carriage, for each day of delay at the rate of 10% per cent of the service but not more than 50%;
– for international carriage, for each day of delay, 20% of the service requested, but not more than 50%.
20. In the event of cancellation of the order within less than 24 hours of loading, the Customer / Shipper shall be liable for a penalty of 50% of the agreed freight.
21. Unless otherwise agreed in the order, payment for hours in excess of the regulated hours for standard loads shall be as follows:
21.1 in cases of FTL request:
– EUR 10 per hour commenced, but not more than EUR 100/day;
– EUR 100 for each subsequent day of delay;
– hours of transport with customs formalities are excluded.
The penalties referred to above shall not limit or exclude the right of the Carrier to claim /in addition to the penalty itself/ also compensation up to the amount of the actual damage suffered.
22. The Carrier shall not be liable where:
22.1 in the event of an inaccurate order from the Customer / Shipper
22.2 in the event of a discrepancy between the weight, volume and dimensions of the cargo stated in the order and the actual cargo. If there is insufficient space in the vehicle for the actual cargo and it cannot be loaded, the Customer/Shipper shall be liable for the costs incurred by the Carrier to the place of loading. If the vehicle is of such type. That it can take the actual load and the Carrier can carry out the carriage, the Carrier shall not be entitled to refuse to carry out the carriage but only on payment of a higher freight by the Customer.
22.3 If the cargo turns out to be dangerous goods within the meaning of the ADR Convention and the Customer/Shipper has not expressly indicated this fact when completing the application, the Customer/Shipper shall be liable to pay additional remuneration in the amount of the additional costs incurred by the Carrier.
22.4 If, in the event of force majeure (war, strikes, riots, etc.), the Carrier becomes liable to pay any additional charges, duties or other expenses, these shall be borne by the Customer/Buyer. All charges, expenses related to the customs clearance of the cargo shall be borne by the Shipper.
23. These General Terms and Conditions shall apply in the relationship with the Principal/Shipper and shall govern the terms, conditions and liability of the parties in the performance of the Services and related transactions. The parties shall conduct their business in accordance with the law and professional standards of the industry to which they belong. The parties shall comply with all international and local laws and regulations applicable to the performance of the carriage and to the relationship with their employees /such as the ČMR Convention, the TIR Convention, the ADR Convention, the CIM Rules, the SENT Regulations, and the EKAER Regulations, etc./ and shall develop a safe system of operation in accordance with these laws and regulations.
24. In the relations between the parties the following shall apply:
24.1 the terms of the transport order;
24.2 these general terms and conditions;
24.3 The provisions of the SMR Convention / with the exception of the issues concerning the limitation period for the Carrier to claim the remuneration due for the transport services performed, to which the general limitation period of 5 years will apply;
24.4. the provisions of Bulgarian law.
These General Conditions shall come into force from 24.05.2024.