ARTEX ART SERVICES s.r.o. – General Business Terms and Conditions

I. GENERAL PROVISIONS

1. Definition of transportation services

Pursuant to these General Business Terms and Conditions of the company ARTEX ART SERVICES s.r.o. for provision of transport of consignments in the international and domestic transport (hereinafter referred to as the “Terms and Conditions”), the Carrier shall arrange transportation of objects for the Customer (hereinafter also referred to as “consignments”) and services related to transportation in the extent agreed upon with the Customer. Terms and Conditions within the provisions of § 1751 of the Act No. 89/2012 Coll., Civil Code (hereinafter referred to as “CC”) is integral part of the Contract of Carriage concluded pursuant to the § 2555 et seq. of the CC by and between the Carrier and the Customer by means of thereof the Carrier undertakes to arrange transport of a certain consignment from a defined place (i.e. loading place) to another defined place (i.e. unloading place) and the services related to transportation in the extent agreed upon with the Customer. The Customer undertakes to provide payment (carriage fee) for the services provided by the Carrier. The Customer shall take into consideration that the Carrier may fulfil its obligation by means of another carrier and shall be liable as if it performed the obligation on its own.

2. Definition of general terms

  • “Consignment” means an object taken over by the Carrier in order to provide services pursuant to the Contract of Carriage of the subject-matter concluded by and between the Carrier and the Customer in line with these Terms and Conditions. The Consignment may comprise one or more “parts of the consignment”.
  • “Carrier” means the company ARTEX ART SERVICES s.r.o., with its registered office at Bělomlýnská 57, 196 00 Prague 9, Company-ID 28526147.
  • Customer” means the entity to whom the Carrier provides transportation services on the basis of its order.
  • “Dispatcher” means natural person or legal entity who shall give the consignment for transportation to the Carrier pursuant to the instructions of the Customer.
  • “Recipient” means a natural person or a legal entity that shall receive the consignment pursuant to the Customer’s instructions.
  • “Loading place” means the place defined by the Customer where the Carrier is obliged to take over the consignment.
  • “Unloading place” means a place defined by the Customer where the Carrier is obliged to deliver the consignment.

II. ORDERING OF SERVICES

The Customer shall hand over to the Carrier the enquiry for transport of the consignment requesting the Carrier to provide a quotation. Such an enquiry can be any time submitted either in person on working days from 9:00 am to 5:00 pm in the premises of the Carrier or can be submitted via e-mail at the e-mail address info@artexartservices.cz. On the basis of this enquiry, the prospective Customer shall receive from the Carrier the quotation
(a proposal for conclusion of Contract of Carriage), with these Terms and Conditions as its integral part. With written acceptation (electronically via e-mail) of this quotation the contract is concluded. Acceptation and conclusion of the contract means also cooperation of the Customer with the Carrier in implementation of carriage of the consignment.

1. The quotation shall comprise:

  1. required extent of the services provided by the Carrier
  2. required date and address(es) of the loading(s) of the consignment and the company name and the name of the dispatcher
  3. required date and address(es) of the loading(s) of the consignment and the company name and the name of the recipient
  4. packing method or requirements for packing, content, material, weight and sizes of the individual parts of the consignment
  5. in case of requirement for additional insurance, explicit requirement for the insurance
  6. book value of the consignment including VAT

2. The order shall comprise:

  1. identification data of the Customer (if it is business entity particularly name, Company-ID, VAT-ID and registered office whereas
  2. the address of the registered office of the Customer shall be used as its invoicing and correspondence address, unless otherwise indicated
  3. contact details to the person in the place(s) of loading of the consignment
  4. contact details to the authorized person in the place(s) of unloading

If the order does not comprise some of the clauses of the article II, section 2 (a – d) of the Terms and Conditions, the Customer is obliged to submit such details of the Terms and Conditions to the Carrier on request in case of implementation of the carriage.

III. CONDITIONS OF CARRIAGE

  1. Handover and delivery of the consignment shall comply with the schedule indicated in the enquiry of the Customer or with the additional modification after mutual agreement of the Customer and the Carrier.
  2. The Carrier shall take responsibility for the individual parts of the consignment at the beginning of handling the consignment by an employee of the Carrier. The Recipient shall take responsibility for the individual parts of the consignment at the beginning of handling of the consignment by the Recipient or the person appointed by it.
  3. Terms and conditions of handover of the consignment are the following:
  • Description of the person taking over the consignment in the respective documents of the Carrier, date of handover. If the delivery place is different than the registered office, premises, business location or place of residence of the Recipient, the person taking over the consignment is obliged to submit on request personal ID or provide the respective stamp to the signature. By means of signing the document of carriage, the Recipient confirms the overall amount and integrity of the individual parts of the consignment.
  • If delivery of the consignment should comprise collection (cash on delivery), there is also obligation to pay the respective amount to be able to take over the consignment that shall be collected from the Recipient in the form of cash on delivery type of transport.
  1. If the consignment is not delivered to the Recipient at the first attempt, the Carrier shall contact the Recipient (if not successful it shall contact the Customer) and if there is no agreement to resolve the situation at the place of unloading, the consignment shall be returned to the Carrier’s warehouse. The Carrier shall inform the Customer about unsuccessful delivery of the consignment whereas after agreement with the Recipient it shall implement another repeated delivery. Costs of another repeated delivery or return of the consignment to the Customer shall be borne by the Customer.
  2. If within the time period of 30 days from delivery with no effect the consignment is not taken over by the Recipient or the Customer and there is not any agreement in this matter by and between the Customer and the Carrier (eventually between the Carrier and the Recipient) on the next proceedings, the Carrier is entitled to open the consignment, destroy it or sell it. The Carrier is entitled to use the eventual profit from the consignment for payment of the part or all receivables against the Customer based on all performed carriages.
  3. If there is a need to implement services that were not indicated in the enquiry or in the order in order to successfully perform transport, the Carrier is entitled after agreement with the Customer to carry out such services on the costs of the Customer. If there is no agreement, the Carrier may decline conclusion of the transportation whereas any claim for payment of already conducted services does not cease to exist.
  4. At the time the Carrier can still deal with the consignment it has a lien for securing the debts resulting from the agreement pursuant to the provisions of § 2571 of CC. If the Customer does not pay the carriage costs or other claims to the Carrier resulting from the agreement, the Carrier is entitled to sell the consignment by different manner than in auction for the price the comparable thing may be sold under comparable circumstances in the particular time and place. From the profit of monetizing the forfeit, receivables including accessory right and costs the creditor is entitled to shall be paid.

The Carrier shall ensure transportation of the consignments pursuant to these Terms and Conditions exclusively for consignments meeting the following conditions:

  1. Content of the consignments are not: livestock or plants, securities, industrial patterns, contracts and other legal documents, alcohol, tobacco products, cash, radioactive material, dangerous waste, weapons, goods subject to fast destruction and foods that is not hermetically closed.
  2. Content of the consignment are not substances designated as “dangerous” pursuant to the ADR/RID/IMCO standards and similar regulations.
  3. The Customer is obliged to explicitly inform the Carrier in case that the consignment for which the transport is ordered does not comply with the provisions indicated in the art. l III, section a – b of the Terms and Conditions. If the contract of carriage of a consignment is concluded and the consignment actually does not comply with the indicated provisions and if the Customer does not inform the Carrier about this fact which means that the Carrier is misled, all and any eventual additional costs and damage arising in relation to the transport of such consignment born by the Customer.

IV. PACKING AND LABELLING OF THE CONSIGNMENT

1. Packing arranged by the Customer

  1. The Customer is obliged to ensure that the consignment is duly packed and protected with the package so that the consignment remains unaffected during transportation and following handling. The Carrier shall not bear any responsibility in case of not ensuring this obligation.
  2. If the weight or volume of the consignment indicated by the Customer is lower than the actual weight or volume of the consignment, the Carrier is obliged to inform the Customer about this fact without undue delay, entitled to change the information about the weight and volume of the order to the actual state and require payment for the transportation service along with this change.
  3. The Customer is obliged to label the consignment in a way that it is possible to duly identify the consignment at any place of transportation so that it could not be exchanged for something else.

2. Packing arranged by the Carrier

  1. Upon agreement with the Customer, the Carrier shall arrange packing suitable for transportation and is liable for any possible damage of the goods if it is caused due to incorrectly made or unsuitable packing.
  2. The Customer shall provide the Carrier with all data necessary for production of the packing, i.e. particularly sizes, weight, material, information on nature of the goods or it shall provide the Carrier with the viewing and measuring the size of the goods before starting producing the packing.
  3. The Customer shall bear responsibility for incorrectly provided information. Costs of any eventual modification of the delivered packing or production of alternative packing shall be borne by the Customer.
  4. The Carrier is obliged to label the consignment in a way that it is possible to duly identify this consignment at any place of the transportation so that it could not be exchanged for something else.

V. PAYMENT FOR THE CARRIAGE SERVICES – CARRIAGE FEES

  1. The Customer undertakes to pay for the provision of services of the Carrier and for any eventual insurance via the Carrier the amount indicated in the quotation for the carriage that received from the Carrier and that is accepted. This means that conclusion of the Contract of Carriage with these Terms and Conditions as its integral part was concluded. If the contract was concluded in the form of acceptation of the order for transportation from the Customer by the Carrier and unless otherwise agreed upon, these Terms and Conditions are integral part of conclusion of the contract. Payment for the transportation services is defined in the pricelist agreed upon which is the integral part of the contract or is agreed upon separately.
  2. Carriage and services in the extent indicated in the quotation are included in the price of the transportation fee.
  3. Payment method has been agreed upon as payment in cash or by means of payment order. Alternate delivery of the consignment or services exceeding the quotation but necessary for successful performance of transportation shall be invoiced separately.
  4. Prices indicated in the quotation are calculated according to the current tariffs and exchange rates and shall be invoiced in the current prices on the date of implementation of the carriage of the consignment.
  5. In case of delay in payment of the invoices, the Carrier shall charge a delay interest of  0.05 % from the invoiced amount for each day of delay of payment, unless otherwise agreed upon.

VI. CARRIER’S LIABILITY FOR DAMAGE

If there is obligation for the Carrier to pay for damage, its obligation is in all and any cases limited by the amount corresponding to CZK 20,000 of SDR for each case of damage or more cases of damage with the very same cause of the damage.

  1. Liability during carriage

Should the Carrier be obliged to indemnify damage for entire or partial loss, destruction or damage of the consignment, such indemnification shall be calculated from the value of the consignment in the place and time of its takeover for carriage. Nevertheless, indemnification paid by the Carrier shall not exceed in case of entire or partial loss, destruction or damage of the consignment, 8.33 of the units of account per kilogram of gross weight of the lost, damaged or missing consignment. If damage, destruction or loss occurred only for the individual parts of the consignment, the expected value of the consignment shall not exceed 8.33 of SDR per each kilogram of gross weight of:

  1. the overall consignment if the whole consignment was depreciated by such damage,
  2. depreciated pieces of the consignment if only part of the consignment was depreciated.
  1. Indirect damage or income foregone shall not be compensated.
  2. The Carrier cannot appeal to limited liability pursuant to the article VI, clause 1 and 2 of the Terms and Conditions in case of damages caused intentionally by the Carrier or due to gross negligence.
  3. The Carrier shall absolve from liability to damage for the taken-over consignment if it could not avert damage by due diligence which is common for provision of Transportation Services (see § 2566 of CC).
  4. The Carrier shall also absolve from liability for damage for the taken-over consignment if the damage is caused by:
  1. The Customer or Recipient of the consignment
  2. Defect of nature of the content of the consignment including common decrease
  3. Unsuitable packing that was not delivered or made by the Carrier
  1. The Carrier is not liable for the damage if the Customer provided forbidden consignment for transportation within the meaning of the article III, clause a – b of the Terms and Conditions, unless otherwise agreed upon.

VII. ASSERT THE CLAIMS, COMPLAINT PROCEDURE

  1. Complaints must be asserted at the Carrier without undue delay not later than within 5 working days from the day of takeover of the consignment by the Recipient. Solely Customer may initiate complaint procedure. Complaints shall have written form sent via e-mail (info@artexartservices.cz) or via a letter.
  1. Details of the damage (or eventually a damage report) as well as other documents and information from which extent and the financial amount of the damage must be evident shall be enclosed to the complaint:
  • Business invoice with the indicated value of the transported goods
  • Claimed indemnification
  • Description and list of packages (with marked damaged items)
  • Proof of delivery to the Recipient – e.g. CMR loading list, handover protocol
  • Detailed description of the damaged goods and the extent of the damage
  • Photographs documenting the damage
  1. If during delivery of the consignment the consignment has visible defects, particularly damage of the package, the Customer is obliged to ensure that this fact is written in the transportation document upon delivery. Visible defects are also considered to be incomplete consignment. If the consignment has hidden defects, the Customer is obliged to inform about this fact within 5 working days from the day when the consignment was delivered.
  1. If the Customer does not fulfil its obligations indicated in the article VII, section 2 and 3 of the Terms and Conditions, the Carrier is entitled to refuse the complaint due to failing to prove the damage.
  1. If the consignment is damaged, the Customer is obliged to ensure also preserving of the package of the consignment. At the same time, it is obliged to enable examination of the consignment by the Carrier as well as the representative of the insurance company.
  1. If the Carrier takes over already packed goods for transportation without checking the state of the content inside the package, it shall not bear responsibility for any damage of the goods, unless evident mark of the cause of damage of the content is unveiled on the package during handover and indicated in the handover protocol. Complaint can be accepted only in case that on the spot the packing is open by the employee of the Carrier and the state of the goods is documented.
  1. If the Customer submits necessary documents needed for the complaint procedure proving existence, extent and amount of the damage, it shall be invited by the Carrier to deliver them within ten days. During the period of time from sending the invitation to provide additional information regarding the complaint until its provision, the complaint period is interrupted. If the Customer does not complement the incomplete complaint within ten days, the Carrier is entitled to decline the complaint.
  1. If the Carrier accepts the asserted claim for damage in the full amount and informs the sending participant about the fact that it shall settle the damage, the Customer is obliged to arrange issuance of the damaged or destroyed consignment to the Carrier as well as it shall take into account that in case of indemnification and issuance of the consignment, all ownership title to the consignment shall transfer to the Carrier.

VIII. FINAL PROVISIONS

  1. The Customer declares that it got acquainted with the content of the Terms and Conditions prior to conclusion of the Contract of Carriage and accepts the Terms and Conditions without any reservations.
  1. Legal relations arising between the Carrier and the Customer shall be abided by the Czech legal order and the CMR Convention. In all matters not regulated by these Terms and Conditions respective provisions of CC and other related legal regulations shall be applied.

These Terms and Conditions become valid and effective as of 1st June 2016