1. General Provisions:
1.1 The following Regulations specify terms and conditions of services rendered by the Company ARTO Logistics with its registered office: 38/39 Fitzwilliams Square, Dublin 2 (hereinafter referred to as ARTO Logistics or the Contractor) Parcels and Goods transport services as well as nationwide and international courier services. ARTO Logistics renders services for legal entities and also for organizations with non legal entity in the territory of the Republic of Ireland and the whole Europe.
1.2 ARTO Logistics renders transport services on its own but for the sake of the Ordering Party.
1.3 ARTO Logistics can intrust rendering transport ordered by the Ordering Party to the third parties.
1.4 ARTO Logistics renders services of consignments with value not exceeding 100Euro(€).
1.5 Services referred to consignments of value over 100 Euro(€), can be rendered after conlusion of a separate agreement with ARTO Logistics.
2. Definitions:
2.1 Regulations – this document, available on the website www.arto-logistics.com as well as at any ARTO Logistics Courier's.
2.2 Consignment – the goods taken to transport within one Delivery Note in order to collect from one sender and delivery / transport to one addressee.
2.3 Parcel - unit, unseparate packaging of goods for the time of transport.
2.4 Pallet- transport unit where the goods are placed and secured for transport.
2.5 Courier – the Company ARTO Logistic's employee or the company's performing a service for the sake of ARTO Logistics.
2.6 Courier Service – transport service.
2.7 Transport Service / Transport Agreement / Agreement / Transport – a service that consists in transport of goods for a payment on the bassis of Carriage Law.
2.8 The Ordering Party – entity ordering ARTO Logistics rendering service.
2.9 The Sender – entity appointed by the Ordering Party in the Order as an authorized one to entrust a consignment to a Courier. It might be equal to the Ordering Party or not.
2.10 Consignee – entity appointed in the Order as an authorized entity to receive a consignment.
2.11 Payer – entity that pays the due payments for services ordered by the Ordering Party. It might be the Ordering Party, the Sender or the Consignee.
2.12 Estimation – methods of calculating costs of transport of a consignment on the basis of data transmitted to ARTO Logistics by the Ordering Party.
2.13 Delivery Note – document used by ARTO Logistics to confirm receipt of the service dla potwierdzenia przyjęcia usługi do realizacji stanowiący dowód zawarcia umowy na świadczenie usługi transportowej.
2.14 Order – Transmitting ncessary data by the Ordering Party to ARTO Logistics specified in these Regulations, for the purpose of performing a transport service by ARTO Logistics for the sake of the Ordering Party. Placing an order by the Ordering Party is equal to conslusion of transport agreement.
2.15 Weight – total weight (mass) of consignment including packaging specified in kilos.
3. Conclusion of Agreement:
3.1 ARTO Logistics takes the order to render service placed by the Ordering Party via e-mail.
3.2 The moment of conclusion the transport service is transmission of necessary data to ARTO Logistics by the Ordering Party.
3.3 The Ordering Party's obligation is to provide true data. It must include, in particular:
3.3.1 The Sender's data – name and surname, exact address, contact phone number,
3.3.2 The Recipient's data – name and surname, exact address, contact phone number,
3.3.3 Place of shipment – a place appointed by the Ordering Party as a place where the consigment is to be sent from.
3.3.4 Place of delivery – a place appoinetd by the Ordering Party s a place where a consignment is to be delivered,
3.3.5 Weight and dimensions of a consignment,
3.3.6 Quantity of packages / parcels/pallets in a consignment,
3.3.7 Description of a content of a consignment (failure to specify the content, giving vague or not sufficient relieves ARTO Logistics from a duty to insure such consignment),
3.3.8 Value of consignment,
3.3.9 Remaining data necessary for a proper rendering service. (Caution: Only consignments entrusted to ARTO Logistics, whch content and real value has been specified in an Order, are insured. Not sufficient, incomplete, unreal or lack of the above data shall relieve ARTO Logistics from a duty of insuring consignment).
3.4 The Ordering Party placing order accepts terms and conditions of these regulations.
3.5 The Sender entrusting consignment to a courier accepts the terms and conditions of these regulations.
3.6 Confirmation of taking consignment for delivery os entrusting that consignment to a courier. The Sender should receive a copy of a delivery note.
3.7 The Ordering Party is responsible for providing necessary information for proper rendering services. If the Ordering Party for any reasons does not transmit all necessary information to ARTO Logistics specified in the paragraph 3, the Contractor might make attempt to make an order. However, all costs connected with unsuccessful attempt shall be borne by the Ordering Party / the Sender and they calculated each time individually by ARTO Logistics and shall be no more than double due amount to the Contractor taken as service charges.
4. Exclusion for Transport:
4.1 The list of the goods excluded from the delivery, which transport is prohibited by law of carriage and / or other legal provisions regulating carriage of goods and / or law of transit countries:
4.1.1 tabacco commodities,
4.1.2 spirits,
4.1.3 remaining excise goods,
4.1.3 containing drugs,
4.1.4 medicines,
4.1.5 goods that easily go off and/or goods that require specialist delivery,
4.1.6 containing human or animals' remains and/or live animals or plants,
4.1.7 containing weapon, explosisive materials and other equipmen military oriented destined,
4.1.8 porn materials or containing sensitive politically content e.g. glorifying violence or breaching human rights,
4.1.9 goods that with their characteristics may casue a risk for health of people who have contact with them or may damage or destroy other consigments, devices and / or a mean of transport,
4.1.10 goods that packaging is not suitable for the shape, content and/or characteristic features of the consignment,
4.1.11 goods send to physical entity out of the Europe Union, or addressed to a PO BOX or else on the condition type so-called "poste restante",
4.1.12 goods that value exceeds 100Euro(€) within a transport service, or 5,000Euro(€) within a separate agreement,
4.1.13 goods which value does not exceed limits specified above but they are particularly precious such as precious metals, jewellery, precious stones, pieces orf art, antiques, money, paying documents, phone cards, shares, stocks, bills of exchange, savings bank books as well as other documents, which in case of demage, cannot be reproduced or if necessary cancelled,
4.1.14 and the remaining goods which are not listed but there are prohibited by local law of transit countries and/or international legal acts regulating goods transport.
5. Conditions of Accepting the Goods:
5.1 The Ordering Party/The Sender shall be obliged to entrust ARTO Logistics consignment in a state that makes possible its appriopriate transport and elivery with no decrement or demage.
5.2 The Ordering Party / the Sender shall be responsible for:
5.2.1 adusting packaging depending on type of content and weight of a consignment,
5.2.2 protection of a content and placing inside protectors that shall prevent from replacement of its content inside the packaging and / or its damage during transport.
5.2.3 a suitable labelling a consignment due to its special character of the delivery or characterstics of its content (notation type "fregile - glass", "up/down" etc.)
5.4 ARTO Logistics, in every moment of performing transport service, can verify weight and dimensions of parcels as well as the consignment packaging type keeping external packaging unimpaired and checking the content in order to specify if a consignment is consistent with the Ordering Party/ the Sender's statements made in the Order/ the Delivery Note.
5.5 Consignments can be opened and controlled by customs administration of all countries in which territory takes place ARTO Logistics's transport and the authorities entitled to such control, whereas a meaningful isthe fact that a consignment has been labelled as not containing articles and goods excluded from carriage or else such labelling has not been made. Such control made shall not deprive the Client from obligations resulting from the agreement or binding regulations, including legal provisions related to articles and goods excluded from carriage. The Contractor shall not have influence on controls made by authorized authorities and shall not bear any responsibility for this.
5.6 ARTO Logistics in case od suspicion after accepting a consignment for transport or/and in every moment of duration of a transport service, that the consignment contains goods excluded from the carriage or does not meet requirements specified in these Regulations, shall be entitled to verify the consignment and its content.
5.7 The Ordering Party takes note of the fact that ARTO Logistics in circumstances justifying assumed action against these Regulations or else actions against binding law notifies competent authorities and also keeps and secures the consignment until the moment of inspection by such authorities.
5.8 Takinga consignment for transport does not justify the assumption that its packaging and its content comply with provisions of these Regulations.
5.9 The Ordering Party/the sender shall be obliged to confirm its identity to a courier by showing an identity document (ID, passport, driving license) for a courier's demand.
5.10 ARTO Logistics can refuse to take a consignment for transport or refuse further transport if:
5.10.1 a consignment is secured by the Sender inappriopriately,
5.10.2 if there is a well-founded suspicion that a declaration of its content and/or weight does not correspond to its actual state,
5.10.3 with no stating a reason.
5.10.4 if ARTO Logistics refuses to take a consignment for transport or refuses its further transport, the costs related to refusal shall be borne by the Ordering Party/ the Sender/ the Consignee and they are calculated each time individually by ARTO Logistics and shall be no less than due amount to the Contractor charged for a service.
5.11 In case if the Sender dispatches a consignment unpacked or packed inaprioprietary, ARTO Logistics shall be entitled to pack the consignment for the cost of the Sender/the Ordering Party, what the Sender/ the Ordering Party shall be notifed about.
5.12 ARTO Logistics restricts its right to change a way of transporting a consignment (repacking, pallet transport, etc.) in each moment of duration of a transport service, if considers that a consignment entrusted for transport requires other/ safer way of transport than the way it has been dispatched by a sender or makes risk to the transport. All costs, if any, related to changing the way of transport shall be borne by the Ordering Party/ the Sender, what the Sender. The Ordering Party shall be notified of.
6. Remuneration, Charges:
6.1 Remuneration ARTO Logistics for services results from the Valuation presented to the Ordering Party.
6.2 Basis currency if a currency Euro(€). There is also possibility to settle due payments to ARTO Logistics in other currencies than Euro(€). In payments in currencies other than Euro(€) it is necessary to contact ARTO Logistics beforehand. Payments in other currencies than Euro(€) may be incured with extra charges specified individually.
6.3 ARTO Logistics shall have a right to lien a consignment for the purpose of securing a claim resulting from the transport agreement. The right to lien can be executed as long as a consignment is placed at the carrier's or at a person who keeps it on behalf of him or as long as can possess on the basis of documents.
6.4 Regardless of paying a remuneration according to the Valuation presented to the Ordering party, the Ordering Party undertakes to returnto the Contractor all expenses which ARTO Logistics or ARTO Logistics's sub-contractor had to incurred for the purpose of proper perfomance of service, including sanctions borne by ARTO Logistics as a result of perfoming a transport service of the goods dispatched not complying with a declaration of a consignment content, which transport is excluded or limited by legal provisions.
7. Delicery of Consignment:
7.1 ARTO Logistics collects and delivers a consignment after individual arrangements with the Consignee.
7.2 ARTO Logistics shall not bear responsibility for unpuctual delivery of a consignment resulting from a force majeure, which a deemed as events that in a moment of conluding the agreement could not be anticipated and owing to circumstances beyond their control (in particular low temperatures, mist, bulk snow fall, poring rain, hail storm, tornadoes, glazed frost, flood, earthquakes or other natural disasters, fires, adminitrative acts making impossible or limiting service performance, riots, strikes and protests, military actions),
7.3 Consignment delivery shall be confirmed by the Consignee with his / her manual signature and a date of delivery.
7.4 Before confirmation of a delivery of a consignment and making a payment relating to this service, the Consignee cannot open the consignment.
7.5 ARTO Logistics restricts the right to compare data included in a delivery note or in other document applied by ARTO Logistics for the purpose of confirmation of a consignment delivery, to data included in the consignee's identity documents (ID, passport, driving license).
7.6 Any restrictions relating to a state of packaging a consignee shall be obliged to mark on a delivery note or other equivalent document.
7.7 ARTO Logistics undertakes to one attempt of delivery of a consignment. If the consignment cannot be delivered to the Consignee owing to reasons beyond ARTO Logistics's control, ARTO Logistics shall notify the Ordering Party/ the Sender of this with, at the same time, an enquiry for further instructions, in case of failure to five any instructions on a consignment by the Ordering party/ the Sender in the time of notification, ARTO Logistics returns the consignment to the Sender for the Sender's expense.
7.8 A consignment, which cannot be delivered to the Consignee or returned to the Ordering Party/ the Sender because of lack of incorrect address of the Ordering Party/the Sender, hereinafter referred to as a dead consignment, can be opened by ARTO Logistics in order to gain data enabling its delivery or return to the Sender for the Sender's expense.
7.9 In case of refusal to accept a delivery, a consignee shall be obliged to give a reason of such refusal on the delivery note and sign, write in data from an identity document. Then, the consignment shall be returned for the Sender's expense.
8. ARTO Logistics' Responsibility:
8.1 ARTO Logistics shall bear responsibility for a loss, decrement or damage of a consignment caused from its entrusting for transport until its delivery as well as for a delay in a delivery of consignment.
8.2 ARTO Logistics shall not bear responsibility, if a loss, decrement or damage or else a delay in a delivery of a consignment resulted from:
8.2.1 reasons occured on the side of the Ordering Party/ the Sender or the Consignee, not owing to a courier's fault nor ARTO Logistics,
8.2.2 the goods characteristics,
8.2.3 a force majeure.
8.3 ARTO Logistics shall be exempt from responsibility, if a loss, decrement or damage of a consignment resulted from at least one of the following reasons:
8.3.1 dispatching with the name inconsistent with reality, not precised or insufficient,
8.3.2 dispatching goods excluded from transport or accepted for transport on the particular conditions or else not meeting such conditions by a sender,
8.3.3 lack, insufficient or faulty packaging of goods, endangered in such conditions of damage resulting from its natural characteristics,
8.3.4 particular vulnerability to damage resulting from defects or natural characteristics,
8.3.5 loading, placement or unloading of the goods by a sender or a consignee.
8.4 ARTO Logistics shall not bear responsibility for packaging as a part, if that packaging is the only packaging of a consignment, and a damage occured a a natural consequence of loading actions and other actions made by the Contractor and relating to perfomance of the service.
9. The Ordering Party/ the Sender's Responsibility:
9.1 The Ordering Party/the Sender shall bear responsibility in full amount for a damage resulting from:
9.1.1 giving in the Order, the Delivery Note or other form of instructions or stataments incosistent with reality, not precise, insufficient or written in an incorrect place, as well as for lack, incomplete or/and inappriopriate documents required for transport,
9.1.2 faulty state of a consignment, lack or inappriopriate packaging or else inappriopriate making loading actions if it performs loading actions on its own.
9.2 The Ordering Party/the Sender of a consignment in a road transport of the goods, shall be responsible for all costs that incurred or/and might incur ARTO Logistics resulting from inaccuracy or insufficient data, which has been specified above.
9.3 The Ordering Party/ the Sender shall incur all costs relating to reloading of a consignment in case, when data referring to a consignment, included in the Order or the Delivery Note, is inconsistent with an actual state.
9.4 Entrusting a consignment to transport the sender shall bear a full responsibility for a content of a parcel and is aware of all consequences for giving incorrect content or including to transport the goods which are excluded from carriage/ transport.
9.5 Is one or all events specified above occur, the Ordering Party or the Sender shall pay ARTO Logistics a contractual compensation of tenfold due amount to the Contractor for the payment charged for a service.
9.6 Payment of a penalty specified above, does not deprives ARTO Logistics from the right to a compensation exceeding its value on the general principles.
9.7 The Ordering Party/the Sender shall be responsible for all damages that a consignment dispatched by the Sender makes to the remaining consignments taken to transport by ARTO Logistics within the framework of the agreement that are not a property of the Ordering Party/the Sender, and such damages occured as a result of non compliance with these regulations by the Ordering Party/the Sender.
9.8 The Ordering Party/the Sender shall be responsible for all damages that their consignment makes to means of transport and ARTO Logistics' property or its sub-contractors, and such damages occured as a result of non compliance with these regulations by the Ordering Party/the Sender.
10. Insurance:
10.1 A consignment during rendering delivery service shall be insured for the amount of 100Euro(€) on the condition that the Ordering party/ the Sender provided ARTO Logistics with all data necessary to a proper preformance of service, specified in these Regulations. The consignment can be insured by ARTO Logistics on its own or ARTO Logistics can order insurance to the third party.
10.2 ARTO Logistics within a framework of a separate agreement shall insure consignment for a time of delivery to its maximum value of 5000Euro(€). The condition of consignment insurance is signing a separate agreement and providing ARTO Logistics with all data necessary to a proper performance of service specified in these regulations and the separate agreement.
10.3 If the Ordering Party does not declare a value of consignment, it is deemed that a declared value shall be 100Euro(€). ARTO Logistics shall be liable up to a real value of consignment or a damage resulting from a demage, however no more than the amount of 100Euro(€).
10.4 ARTO Logistics shall not bear responsibility due to non performance of inproper performance transport service, consisting in loss of benefits, profits or income, both for the sake of the Ordering Party/ the Sender/ the Consignee and the third parties.
10.5 The insurance do not cover:
10.5.1 second-hand goods,
10.5.2 new and used cars,
10.5.3 glass, ceramic articles and goods that contain glass elements as well as the remaining articles, which due to their fragility / softness require special tranport.
10.5.4 motobikes, cars and other motor vehicles,
10.5.5 new and second-hand furniture,
10.5.6 electronic equipment, RTV, domestic appliances, audio and other equipment that due to their fragility / softness are not safely packed in original producer's packaging and transport pallet, where the goods are standing out of the pallets edge.
10.5.7 covering / protective packaging,
10.5.7 parcels over 30kg of real weight,
10.5.8 parcels over 40kg of dimension weight,
10.5.9 non standard parcels.
11. Claims:
11.1 The party entitled to make a claim is the Sender and the Ordering Party.
11.2 The party entitled to make a claim can make it to the Carrier:
11.2.1 due to failure to render or inappriopriate rendering service of transport.
11.3 Acceppting a consignment by an authorised person with not objections shall cause extinction of claims, unless:
11.3.1 a damage has been stated by a protocol before taking consignment by the entitled party,
11.3.2 such statement has been desisted due to the carrier's fault,
11.3.3 decrement or damage has resulted from the carrier's deliberate fault or gross negligence,
11.3.4 a damage that cannot be noticed from outside, which the entitled stated after taking consignment, and within 5 days demanded determining its state and proved that occured in time between entrusting consignment to transport and its delivery.
11.4 The basis to begin claim procedure is making a written claim, scanning and sending it to the address contact@arto-logistics.com or claims@arto-logistics.com signed by the entitled party. Claim Forms are available at ARTO Logistics' staff, on the website www.arto-logistics.com or shall be sent on each Ordering Party/ Sender's demand by e-amil. The claim should contain in particular:
11.4.1 date of making a claim,
11.4.2 the carrier's name and surname (name) as well as residence address (registered office),
11.4.3 name and surname (name) and residence address (registered office) of a person making a claim,
11.4.4 a title and claim justification,
11.4.5 compensation amount (separately for each delivery note), invoice and/or receipts proving value of the content of consignment,
11.4.6 a list of enclosed documents,
11.4.7 a signature of a person authorized to make a claim.
11.5 A claim should be followed with enclosed, suitable to the subject of a claim, originals of documents related to a concluded transport contract (delivery note and certified copies of other documents related to a kind and amount of a claim ).
11.6 ARTO Logistics is obliged to accept each made claim that meets the above given requirements.
11.7 In case of making a claim by a person unauthorized or with inappriopriate / incomplete documentation, ARTO Logistics shall call the claiming party to remove shortcomings within 14 daays from the receipt of the notice with the instruction that failure to do it in the given time shall result in keeping a claim with no consideration. Then, a date of making a claim shall be assumed a date of receipt by ARTO Logistics a complemented claim.
11.8 A reply for a claim shall be given within 30 days from a receipt by ARTO Logistics a complete claim that meets the above requirements.
11.9 ARTO Logistics shall notify the claiming party upon consideration of a claim listing:
11.9.1 in case a claim is allowed: justification, amount of compensation and the way of its settlement,
11.9.2 in case only part of claim is allowed: justification, amount of compensation and the way of its settlement,
11.9.3 in case a total or partial claim is not allowed: justification of its refusal.
12. Compensation:
12.1 The basis to pay a compensation by ARTO Logistics shall be a positive consideration of a claim application.
12.2 The amount of insurance compensation for a loss or decrement of consignment cannot exceed a real value of the subject of insurance, however, no more than 100Euro(€).
12.3 The amount of insurance compensation for a loss or decrement of consignment within a separate agreement cannot exceed a real value of the subject of insurance, however, no more than 5000Euro(€).
13. Final Provisions:
13.1 The provisions not governed in these regulations, in case of transport services shall be applicable: Law of carriage of goods, CMR convention provisions, binding international and national law. A court competent to arbitrate disputes shall be a common court competent for the Contractor's registered office.
13.2 ARTO Logistics based on the act on personal data protection shall have a right to collect, store and proceed data provided by the Ordering Party/ the Sender in reference with rendering service by ARTO Logistics and/or needed to ARTO Logistics to its performance. Moreover, ARTO Logistics shall be entitled to disclose data to authorities and state institutions in the scope specified by law.
13.3 Policy of privacy pursued by ARTO Logistics is conforming to legal norms. ARTO Logistics safely stores collected data for fiscal and accounting purpose. ARTO Logistics do not share collected data and does not disclose to the third parties. By entrusting an order to ARTO Logistics, the Sender/the Ordering Party agrees on receiving commercial information by e-mail, phone or mail. If the Sender/ the Ordering Party do not agree on receiving commercial information, it is oblied then to send by e-mail a suitable statement.