General Terms and Conditions governing the operations carried out and/or undertook through the website www.transartbox.com & by any other means where our services are offered.
Employees, agents and officers of the Carrier have no authority to make oral or written representations, warranties or promises about the Carrier’s business or services which are inconsistent with these Conditions and the Customer waives all rights which may otherwise arise in relying upon the same. Only a Director of the Carrier has authority to vary these Conditions and then only to the extent that the variation is expressed in writing to be a variation hereof.
In matters of conflict between these Conditions and any promotional brochures or other material of the Carrier, these Conditions shall prevail.
The purpose of these General Terms and Conditions is to define the terms and conditions and the legal framework of the services offered by Transart Box. Only these General Terms and Conditions shall govern these relationships to the exclusion of all other general conditions or contractual documents of the Ordering Customer or of any third party.
For the purposes of these General Terms and Conditions, the following terms are defined as follows:
“The Carrier” means Transart Box Limited.
"Insurer": refers to the insurance company with which Transart Box subscribes, in the name and on behalf of each Ordering Customer, insurance covering, under the conditions and within the limits of the insurance contract, the potential damage that may occur during the transport of the goods, up to the value declared by the Ordering Customer.
"Parcel": an object or a material set composed of several objects, whatever its weight, dimensions and volume, constituting a unitary charge when handed over to the Substitute(s) of Transart Box.
“Item”: Named object/s within the parcel, typically but not limited to artworks and sculptures.
"Transport and/or packaging order": request for transport or packaging services, sent by the Ordering Customer(s) to Transart Box; it may include customs representation operations.
"User Account": account that must be created on the Website and validated by Transart Box in order to become a User of the Site and the services it offers, which implies full acceptance of the General Terms and Conditions.
“General Terms and Conditions”: the present conditions which, alone and to the exclusion of all others, govern the relationship between Transart Box and the Ordering Customer and the consignee/any cargo interest.
"Order Confirmation": acceptance by Transart Box, of the Transport and/or packaging order sent by the Ordering Customer. The Order Confirmation is sent by email to the Ordering Customer. It evidences the conclusion of a contract between Transart Box and the Ordering Customer, with, if applicable, confirmation from the customs representation authorisation.
“Customer": party who sends one or more Order(s) of Transport to Transart Box via the Website or by any other means so that it organizes a transport of goods if necessary, by representing it at customs.
"Shipment": all parcels, packaging(s) and support(s) included, handed over to the Substitute(s) of Transart Box by the Ordering Customer or his representatives as part of the performance of the transport and/or packaging services.
"Delivery": physical delivery of the goods to the consignee address or their representative who legally accepts it.
"transport and/or packaging services": any transport or packaging service organised by Transart Box (including ancillary services), in execution of the Order Confirmation.
"Price": price paid by the Ordering Customer to Transart Box in respect of the transport and/or packaging services. Price is earned once paid.
"Website": www.transartbox.com website and more generally any web and/or mobile application published by Transart Box and linked to the Website.
"Agent": any transport or customs representation professional to whom Transart Box entrusts the execution of the transport, a part of the transport or an ancillary service in execution of the Order Confirmation.
"Special Transports": any transport of goods subject to special regulations, including the transport of dangerous goods, perishable goods and/or temperature-controlled goods, vehicles, etc.
"User": Ordering Customer registered on the Website or that, by any other mean, contracted with Transart Box and having accepted the present General Terms and Conditions and their application to the exclusion of all other general or particular terms and conditions or contractual provisions that Transart Box did not expressly accept.
The acceptance of these General Terms and Conditions is shown either (i) by a check box when registering on the site or during the process of concluding the Transport and/or packaging order or (ii) by the acceptance of Transart Box ’s offer. This acceptance is full and complete. No special conditions and/or other terms and conditions emanating from the Ordering Customer can prevail over the present General Terms and Conditions for the transport and/or packaging services and their consequences.
Transart Box reserves the right to modify the Website and/or to modify the present General Terms and Conditions, by putting up a banner on the www.Transart Box .com website.
Each User expressly forbids himself from creating or using a User Account other than the one initially created, whether under his own identity or under that of a third party, and is strictly forbidden to assign his User Account to anyone.
Each User agrees to keep confidential and not to communicate to anyone (including another User) his username and password to access the Website. The User Account is strictly personal.
The User is solely responsible for his User Account and the use that is made of it. It is his responsibility to inform Transart Box immediately if there are suspicions or indications that his User Account may have been hacked and/or used by a third party.
Each User may access the Website using his password and his username, as well as his User Account containing all the personal data provided during his registration on the Website. Each User undertakes to provide accurate, complete and unambiguous data and ensures the updating of said data. This update concerns in particular the bank card data that will be used for direct debits as part of Transport and/or packaging orders automatically received by Transart Box as a result of the purchase of a good sold by the Ordering Customer.
Any User Account for which inaccurate information and/or behaviour contrary to these General Terms and Conditions would be noted, may be closed, temporarily or permanently, by Transart Box without notice and without liability of the latter.
The Users guarantee Transart Box of any damage, loss, prejudice or condemnation, suffered by Transart Box or a third party, due to an improper use of the Website in violation of these General Terms and Conditions.
The Ordering Customer sends a Transport and/or packaging order to Transart Box via the Website by filling in the mandatory fields provided for this purpose or by any other mean accepted by Transart Box.
In cases where the declared value of the goods exceeds £25,000 (twenty five thousand GBP), a specific and prior acceptance of Transart Box, and if necessary, of our agents insurer, will be necessary. The request must be sent by email or via the Website. Likewise, a specific request by e-mail or sent via the Site will be necessary for all goods of which one of the dimensions and/or the weight would be superior to those proposed by the Website or when the pick-up place and/or the destination are not usual for Transart Box.
When placing the Transport and/or packaging order, Transart Box offers the possibility of taking out insurance covering the value of the goods entered by the Ordering Customer on the Website. The insurance is for SOLD artworks, and artworks that have been valued by a professional body. Exhibition works not covered (see section 20 for policy wording). In any case, Transart Box cannot be held responsible for an indication of insufficient or inadequate value. It is therefore recommended to opt for an indication of value as close as possible to the value of the good transported. See section 20 for policy wording.
The Website registers the Transport and/or packaging orders and determines the Price. The contract is formed when the Order Confirmation is sent to the Ordering Customer. Once the Ordering Customer has validated his Transport and/or packaging order, received the Order Confirmation and paid the Price for Transart Box services, the latter performs its transport and/or packaging services and organizes the transport requested by the Ordering Customer in the conditions of article 7 of these General Terms and Conditions. Transart Box will undertake all order confirmations unless information is missing or incorrect, or there are limitations out of Transart Box’s control. Transart Box will contact, and refund any shipments less an admin fee and any banking costs.
Any cancellation or modification subsequent to the Order Confirmation is governed by the provisions of Articles 4.3 and 4.4 of these General Terms and Conditions.
4.1.1 During the Transport and/or packaging order process, the Ordering Customer is informed by Transart Box of the amount of the Price and the services that the Price includes if applicable (insurance, packaging, etc.). Should anything appear unclear or not precise enough, the Ordering Customer or the User shall ask its questions to Transart Box prior to any Transport and/or packaging order. With regard to Transport and/or packaging orders which are sent to Transart Box automatically as a result of the purchase of a good sold by any 3rd party, the Ordering Customer hereby declares that it accepts the price, which will be debited directly from the bank account registered at the time of registration on the relevant site.
4.1.2 The Price of the transport and/or packaging services is shown exclusive of taxes. Any VAT that may be due is added to the Price by Transart Box according to the rate applicable on the day of invoicing.
4.1.3 The Price of the transport and/or packaging services is calculated by the algorithms of the system edited by Transart Box on the basis of the information provided by the Ordering Customer, taking into account the transport operation to be carried out, and in particular the nature, the weight, volume and value of the goods to be transported and the routes to be followed. Any modification of the parameters may lead to an increase in the price initially announced. The Ordering Customer and/or User accepts that.
4.1.4 As to the price of the fuel, it is determined at the time of the Price fixing when placing the Transport and/or packaging order and it should in principle not vary, except if the lapse of time between the Transport and/or packaging order on the Website and its realization by the Substitutes is sufficient to cause a variation which must be taken into account.
To take into account changes in the price of fuel, a fuel surcharge may be applied by Transart Box as of right and without formality, which will be calculated according to the evolution of the fuel surcharge index.
4.1.5 Unless otherwise indicated by Transart Box when confirming the Transport and/or packaging order, the Price does not include the duties, taxes, fees and taxes due under any regulation, including tax or customs (such as excise duties, import duties, etc.).
4.2.1 When placing the Transport and/or packaging order, the invoice mentioning the Price is published by Transart Box and sent to the Ordering Customer. The payment of the Price is made by the Ordering Customer through a credit card, stripe service or a bank transfer to the account of Transart Box. It is only upon receipt of that payment that Transart Box is due to initiate the necessary steps to organize the transport entrusted to Transart Box. The price is due and payable upon Order Confirmation.
For Ordering Customers whose instructions are received by Transart Box automatically as a result of the purchase of one of the goods they offer for sale on a 3rd party site, an invoice corresponding to the price of Transart Box's service will be sent to the Ordering Customer and a debit will be made at the same time from the account corresponding to the bank card registered when registering on the application, which the Ordering Customer expressly accepts.
4.2.2 Any delay in the payment automatically entails, on the day following the payment date appearing on the invoice, the payment of interest of an amount equivalent to the legal interest rate as well as a lump sum indemnity for recovery costs in the amount of 40 GBP£ without prejudice to possible compensation, under the conditions of law, of any other damage suffered by Transart Box as a result of this delay.
4.2.3 In the event that several invoices are not paid, the payment of a part of the sums due will be attributed firstly to the non-privileged part of the oldest claims, whether or not they are time-barred.
4.3.1. Modification after Order Confirmation
Any modification of the Transport and/or packaging order, either on the initiative of the Ordering Customer, or because of circumstances outside Transart Box’s control, leads to a readjustment of the Price initially agreed.
The Ordering Customer must request the modification of his Transport and/or packaging order by contacting Transart Box and, if necessary, pay the price supplement that is due as per article 4.2 here above.
4.3.2. Amendments justified by the interest of the goods
When the changes made by Transart Box are justified by the interest of the goods, the Ordering Customer reimburses the costs incurred by Transart Box upon presentation of the relevant supporting document(s).
4.3.3. Changes by the recipient
If, during the carriage of goods, the recipient wishes to add paying options, Transart Box will be entitled to invoice the recipient directly and the Ordering Customer will be jointly and severally guarantor of the payment.
Except in the event of a fault of Transart Box , if additional charges unexpected at the time of the Transport and/or packaging order on the Website become due and/or payable, the Ordering customer is automatically debtor of the said charges.
These specific cases notably include the following:
- Wrong and/or vague information relating to the place of pick-up of the order and any other inaccurate and/or vague information relating to the picking-up of the order;
- Wrong and/or vague information regarding the place of delivery and any other inaccurate and/or vague information relating to the delivery of the order;
- Inaccuracy of the dimensions and/or weights supplied regarding the goods to be transported and/or their packaging;
- Unavailability of the consignee: if the absence of the consignee entails costs, for instance costs for additional journey or storage costs of the goods, these costs are due by the Ordering Customer;
- Refusal of the consignee to pay customs duties making it necessary to return the goods to the shipper: the shipper will not be returned the goods until full payment of the return costs. If he delays such payment, he will have to bear any related costs (storage for example).
- Any event that was unforeseeable for Transart Box when the order was placed, such as a strike, border closures or restrictions on travel and/or transport.
The cancellation by the Ordering Customer of his Transport and/or packaging order not yet transmitted/communicated to the
Substitute(s) of Transart Box is done without charge for the Ordering Customer and without penalty unless where Transart Box itself bears costs and/or penalties. In such a case, these costs/penalties would be passed on the Ordering Customer.
In the event that this cancellation would cause prejudice to Transart Box , Transart Box would be entitled to full indemnification of its losses by the Ordering Customer.
Transart Box gives to the Ordering Customer the opportunity to purchase insurance against damage (ad valorem insurance) covering the goods transported by the Insurer up to the value declared by the Ordering Customer. The cap of the insurance is fixed at € 20,000.00 (twenty thousand euros) per item, being specified that for any declared value higher than € 20,000 (twenty thousand euros), Transart Box must, beforehand, send a special request to the ad valorem insurer, who has the freedom to accept or refuse to insure the goods in question. In these circumstances, Transart Box may also refuse to transport goods which value is higher than € 20,000 (twenty thousand euros), Any declared value for an amount higher than the € 20,000 (twenty thousand euros), limit could not give rise to a compensation higher than the said cap, which the Ordering Customer accepts. The Ordering Customer guarantees that any person interested in the goods carried agrees not to seek compensation above the ceiling of compensation. It guarantees Transart Box of any claim in this respect.
This insurance is effective only after the Order Confirmation and the full payment of the Price.
This is an ad valorem insurance (damage insurance), intended to cover only material damage to the goods, to the exclusion of all other damages, including immaterial or indirect damage. An insurance certificate is available on the Website. See sect 20
Transart Box cannot be held responsible for an insufficient or inadequate declaration of value of the Ordering Customer. It is the Ordering Customer’s responsibility to take additional insurances if need be.
The payment of the insurance indemnity by the Insurer to the Ordering Customer (or their beneficiaries) will be conditioned on the demonstration of the quality and the interest in the claimant's actions and the signing of the required documents (Receipt & release, etc.).
Transart Box is not a broker, insurance agent or insurance intermediary. The Ordering Customer agrees to provide Transart Box with all the elements necessary for the declaration of the incident and Transart Box will take the necessary steps with the ad valorem insurer.
Compensation of the Ordering Customer or of cargo interests by the Insurer compensate their full loss. Therefore, no other compensation can be sought from Transart Box and/or its substitutes. Acceptance of the insurance compensation means waiver to claim against Transart Box and/or its substitutes.
Artwork is not generally held/stored by Transart Box. In the event we have to store or hold – additional cover may be required and should be discussed with Transart Box prior to handing over to us. In the event we need to store – we will store it as safely as possible and secure it as safely as possible. We do not offer storage in general and therefore no cover is in place for and not limited to fire, theft, accidental damage, etc. If additional security is required we will try and find alternative solutions.
The Ordering Customer is liable for the successful completion of the packaging and labelling of the goods, except in the event that these services have been entrusted to Transart Box and the Price related to these services has been fully paid. The Ordering Customer may send photographs, with a response time of two working days, showing as precisely as possible the packaging and packing in order to obtain confirmation from Transart Box that they are suitable for the transport in question.
Transart Box’s packaging available on www.transartbox.com or through any of our 3rd party resellers should be packed accordingly to our specification. We offer recommendations on to how to pack, and offer different levels of protection, based on what is to be packed, where it is going, and value, (plus any other factors) the ordering customer should speak with us prior to purchasing if they are unsure. Transart Box cannot be held responsible for any damage to the goods and/or any additional costs resulting there from.
These “packing guidelines” are minimal recommendations. It is the duty of the Ordering Customer to make sure that the implementation of these recommendations suits the nature of the cargo, the date and type of carriage. In case of any doubt the Ordering Customer shall ask Transart Box. Transart Box can only offer recommendations based on our experience, and will not be held responsible for any damages.
The Ordering Customer must give necessary and precise instructions in his Transport and/or packaging order so that the Substitutes of Transart Box can perform the transport and the accessory services ordered.
As such, the Ordering Customer must provide all information and necessary documents for the proper performance of the transport operation, and in case of request by Transart Box, complete them as soon as possible. If needed, notably as regards custom operations, the Ordering Customer mandates Transart Box to issue, on its behalf, a proforma/commercial invoice mentioning information given by the Ordering Customer and, if necessary, to add information. Transart box will send a copy on request prior to shipping for approval. If no request is received at ordering stage – transart box will use the information given to us and where needed our own information to complete the paperwork. Transart box accept no liability in any circumstance where we have added additional information to the paperwork.
In addition to the information and documents required by Transart Box for the Transport and/or packaging order, the Ordering Customer must provide any additional instruction regarding the transport, especially in the case of Special Transports, so that Transart Box and its Substitutes can correctly organize the transport.
The Ordering Customer is prohibited from ordering a transport relating to illegal, prohibited or embargoed goods as per the law applicable to the carriage at stake. As regards embargos, are forbidden Transport and/or packaging orders regarding cargo or carriage that is embargoed by UN, EU, the USA, France, Great Britain. Are also forbidden cargo and carriage that are embargoed in countries where the departure and delivery points are located and that are embargoed in any transit country.
All specific instructions related to the Delivery must be the subject of a written and repeated order for each shipment and they must be forwarded beforehand to Transart Box via the Website, for its express prior acceptance. In any event, such a mandate constitutes the accessory of the main service provided by Transart Box and its Substitutes.
6.2.1 Subject to express written instructions given by the Customer, the Carrier reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of Goods. Further, if, in the opinion of the Carrier, it is at any stage necessary or desirable in the Customer’s interests to depart from those instructions, the Carrier shall be at liberty to do so.
The shipper is obliged to assist the Substitute(s) for the loading of the goods on board the means of transport and, where appropriate, their securing.
The shipper shall be solely liable for any damage caused by his act or fault during these operations.
The Ordering Customer shall notify Transart Box , with at least a three (3) working days’ notice, in case the goods cannot be handed over to Transart Box within the prescribed time. In the event that this notice is not complied with by the Ordering Customer, the transport and/or packaging services will be cancelled, and the Ordering Customer will be charged 100% of the expenses incurred by Transart Box .
If, after the goods have been handed over to Transart Box ’s Substitute(s), the transport is impeded or interrupted temporarily or if the performance of the transport becomes impossible, Transart Box may seek instructions from the Ordering Customer, who will have to reply as quickly as possible. Transart Box will inform the Ordering Customer of all the foreseeable consequences of his instructions. Transart Box will be entitled to a refund of the unexpected expenses upon presentation of the relevant supporting documents.
Should the Ordering Customer fail to provide instructions to Transart Box in due time, Transart Box will take the measures as it considers best for the interests of the Ordering Customer in order to preserve the goods or carry them at its destination. The costs incurred in this way are passed on to the Ordering Customer who is liable for them and must pay them within the same period as Transart Box 's invoices. It may seek presentation of the relevant supporting documents.
When the impediment is attributable to the Ordering Customer, Transart Box is also entitled to a refund of the unexpected expenses upon presentation of the relevant supporting documents.
The Ordering Customer is obliged to pay the price and any accessories in accordance with the terms of article 4 of these general terms and conditions. Transart Box shall not be obliged to exercise any diligence before payment of the price, i.e. receipt of the funds in its bank account, which the Ordering Customer expressly accepts.
By accepting these General Terms and Conditions, the Ordering Customer authorises Transart Box to represent it before the Customs Authorities.
The Ordering Customer expressly authorises Transart Box to subcontract to any professional that can fulfil the performance of these customs operations. Transart Box and any subcontractor are expressly authorised to:
- Sign in the name of the Ordering Customer and on its behalf all customs declarations for import and export, - Carry out all related tasks,
- Present documents and goods and carry out customs inspections,
- Represent the Ordering Customer in dealings with other Authorities or any interested body for the performance of the operations entrusted (sanitary, phytosanitary, veterinary, excise),
- Carry out operations under economic arrangements (temporary importation, temporary exportation, inward processing, outward processing, simplified procedures, etc.),
- Use Transart Box 's guarantees (guarantees and clearance credits) for the purpose of carrying out the operations entrusted to Transart
Box,
- Pay on behalf of the Ordering Customer the amount of duties and taxes relating to the customs declarations and tasks referred to above, - Receive any refunds, provide acknowledgement and withdraw any certificates and give receipt, - More generally, carry out any task required to complete the entrusted assignment.
If there is no information to the contrary, Transart Box shall consider that the goods entrusted to it are not subject to any import, export or transit restrictions.
The Ordering Customer undertakes to provide Transart Box , as soon as possible and in writing, with any financial information that may affect the customs value of the goods to be cleared through customs and that is not included in the invoice provided to Transart Box .
The Ordering Customer remains the sole and only debtor of the customs debt that may result from customs clearance operations, even if Transart Box pays it before requesting reimbursement.
The Ordering Customer undertakes to compensate Transart Box on first request for any financial consequences, claims or costs incurred, including customs duties and other indirect taxes, for example VAT or excise duties, penalties, fines and interest, which Transart Box may incur as a result of the Ordering Customer (negligence or incorrect information provided by you or your customer).
Transart Box reserves the right to refuse to carry out the formalities defined by this authorisation, in particular in the event of questioning or doubt as to compliance with the applicable regulations.
In relation to the completion of customs operations, Transart Box is only required to ensure that the documents are complete and appear to be consistent. Its liability cannot be incurred in any other case with regard to the documents used.
The Ordering Customer undertakes to reimburse Transart Box for any sums that it or its subcontractor may have incurred in the interest of the Ordering Customer or the goods.
This authorisation takes effect from the acceptance of these General Terms and Conditions and applies whenever the service entrusted to Transart Box includes customs operations. It shall remain valid until terminated by either party by registered letter with acknowledgement of receipt sent to the registered office of the other party. Termination shall be effective on the date of receipt of the said registered letter.
Transart Box can annul or refuse any Transport and/or packaging order based on a late payment or on a lack of payment of an invoice to be paid by the Ordering Customer.
Transart Box is in charge of organizing the transport of the goods according to the instructions of the Ordering Customer, by determining the means of transport and by choosing the Substitute(s) who will carry out the transport. It carries out the customs operations itself, through the ordering customer, through Transnet services Ltd or any other professional that is competent and authorised to do so.
The Carrier shall not be liable for any delayed or non-performance or any loss or damage where liability would otherwise arise caused by:
(i)any act of God including adverse weather conditions, fuel shortages and power failures;
(ii) any war, invasion, act of foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, insurrection, or military usurpation of
governmental power, confiscation, requisition, destruction of, or damage to property;
(iii) any riots, civil commotion, strikes, lockouts, general or partial stoppage or restraint of labour from whatever causes; (iv) any seizure under legal process;
(v) any act or omission of the Customer or those for whom he contracts or of the servants or agents of either;
(vi) any inherent liability to wastage in bulk or weight, latent defect or inherent vice or natural deterioration of the Goods;
(vii)the inadequate or improper packing of the whole or part of the Goods, unless it is previously agreed between the Customer and the
Carrier that the
Carrier shall undertake such packing;
(viii) the insufficient or incorrect labelling or addressing of the Goods, unless it is previously arranged between the Customer and the Carrier that the Carrier shall undertake such labelling;
(ix) the addressee of the Goods not accepting delivery within 28 days of service on the Customer of the Carrier’s notice of non-delivery; (x) any marine risks;
(xi) the acts or omissions of any independent contractor in any manner whatsoever where caused by any breach by the Customer of these
Conditions and where so caused the relief of the Carrier from liability aforesaid shall be without prejudice to any claims the Carrier may have against the Customer therefore.
Transart Box verifies (i) the apparent regularity of the documents provided by the Ordering Customer when placing the Transport and/or packaging order and (ii) that no essential document is missing.
When it appears that the information provided by the Ordering Customer is incomplete, Transart Box requests additional information from the Ordering Customer in order to organize the transport in the most suitable manner.
Transart Box issues or arranges transport documents and shall try to verify that the information and documents necessary for the preparation of the transport document and for the carriage of the goods were supplied to them or, failing that, were handed over to the carrier(s) at the latest at the time of the assumption of responsibility. He draws up the documents for which he is responsible and ensures, as far as possible, the preparation of documents by those who are responsible for them". ”
Transart Box informs the Ordering Customer of the progress of the transport operation, reporting to him any difficulty that may arise during the performance of the transport and/or packaging services.
In case of incident occurring during the performance of the transport, Transart Box is duly diligent to preserve the rights and remedies of the Ordering Customer, and endeavours to find a solution as soon as possible to carry out the transport. If necessary, Transart Box will unilaterally take decisions useful for the preservation of the transported goods and/or the interests of the Ordering Customer.
The Carrier may effect physical delivery of the Goods at the address shown thereon by presenting the same to any person as may appear to the Carrier to be authorised or competent to accept them on behalf of the addressee, or the Carrier may leave the Goods at any place at the address aforesaid as may appear to it to be intended or suitable for this purpose and delivery in accordance with the foregoing shall in favour of the Carrier as against the Customer constitute sufficient performance of the Carrier’s delivery obligation hereunder unless otherwise specifically instructed in writing by the Customer.
The Carrier may (but shall not be obliged to) require acknowledgement of delivery of Goods to be given at point of delivery and any such receipt, if given by a person appearing to the Carrier to be authorised or competent in that regard, shall in favour of the Carrier against the Customer and the Addressee constitute good receipt and shall be conclusive evidence of the fact of proper delivery of the Goods pursuant to these Conditions.
Where the Carrier is unable to deliver Goods and the Goods are not claimed by the Customer within 28 days of notice of such non-delivery served on the Customer, the Carrier may destroy or sell the undelivered Goods as if the Carrier as against the Customer and the purchaser were the absolute owner and topass unencumbered title to the purchaser.
The Carrier shall have a general lien on any consignment of Goods for its charges for the carriage or storage of those or any other Goods supplied by the Customer and for any other monies due from the Customer to the Carrier and in default of payment of any monies due to the Carrier from the Customer on any account whatsoever the Carrier may without notice to the Customer appropriate any Goods aforesaid and sell them as if the Carrier as against the Customer and the purchaser were the absolute owner and to pass unencumbered title to the purchaser provided that the Carrier will apply the proceeds of sale towards monies due from the Customer to it after appropriating to itself any reasonable expense of sale.
(iii) In providing suggestions or opinions or advice as to means of transportation, services available, physical or legal circumstances of carriage, or other
guidance howsoever described at any time to assist the Customer, to formulate instructions or otherwise, the Carrier shall be deemed to so provide for
information purposes only and without giving any representation, warranty or promise and without having any duty of care to the Customer in respect thereof.
The Carrier shall have no liability in any circumstances for any lawful or unlawful detention of Goods or for any consequential loss, damage or deterioration
arising there from, except where (a) the Customer shall have specified to the Carrier the nature of the Goods and purpose of their transit and the Carrier
through its General Manager shall have agreed in writing with the Customer a time schedule and specification in respect of the transit of said Goods and (b) it shall be proved that such detention, delay, loss, damage or deterioration was due to the negligence of the Carrier.
The Carrier shall only be responsible for any loss or damage to Goods or any non-delivery if it is proved that the loss, damage, non-delivery or mis-delivery
occurred whilst the Goods were in the custody of the Carrier or under its control and that such loss, damage, non-delivery or mis-delivery was due to the negligence of the Carrier.
The Carrier shall not under any circumstances by liable to the Customer for indirect or consequential damage or loss of profit, or for loss of a particular
opportunity or market or goodwill suffered or incurred by the Customer, whether resulting from breach of contract or the negligence of the Carrier or otherwise.
Where notwithstanding these Conditions the Carrier is found to have liability to the Customer, the Carrier shall not be liable for any claims, costs, damages, losses and expenses by whomsoever made or incurred in excess of the limitations of liability stated within these Conditions, whether or not resulting from the negligence of the Carrier.
(a) Subject to the conditions set out above the liability of the Carrier in respect of any one consignment of Goods shall be limited to the lower of:
(i) an amount calculated (by reference to the gross weight of the Goods and packaging as specified on the consignment note and if no weight is specified the actual gross weight of the Goods and packaging) at a rate of £13.00 per kilo up to a maximum of 1000 kilos per consignment with an excess of £50.00 subject to a minimum of £10 or:
(ii) the cost value of the Goods to the Customer; or
(iii)in the case of damaged Goods the cost of repair of such Goods.
(b) In the event that part only of a consignment of Goods is lost, damaged or mis-delivered, the liability of the Carrier shall be limited to the lower of: (i) that
amount which bears the same proportion to the amount calculated in accordance with sub-clause 36(a) above as the actual value of the lost, damaged or misdelivered part of the Goods bears to the actual value of the whole of the Goods; or (iv) the cost of repair of any damaged part.
36. This condition shall be applied only to international deliveries:
(a) Where the Convention on the Contract for the International Carriage of Goods by Road (“CMR”) applies to the delivery of any Goods:
(i) if anything contained in these Conditions conflicts with any provisions of the CMR, the provisions of the CMR will take precedence; and
(ii) the Carrier’s liability for loss of or damage to or late delivery of the Goods will be governed by and limited in accordance with the CMR.
(b) Where the Warsaw Convention of 1929 (“1929 Convention”) or the Warsaw Convention as amended at the Hague 1955 (“1955 Convention”) applies to the delivery of the Goods:
(i) if anything contained in these Conditions conflicts with any provision of the 1929 Convention or the 1955 Convention (as appropriate), the provisions of the appropriate Convention will take precedence; and
(ii) the Carrier’s liability for loss of or damage to the Goods or late delivery of the Goods will be governed by and limited in accordance with the 1929 Convention or the 1955 Convention (as appropriate).
(c) If the Goods are being exported the Customer must supply correct and complete documentation required for customs clearance at the commencement of transit.
(d) The Customer will indemnify and keep indemnified the Carrier against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which we suffer as a result of:
(i) the Customer failing to provide the Carrier with the documentation specified in condition 36(c);
(ii) any claims made by HM Customs and Excise in respect of dutiable goods consigned in bond; and
(iii) any claim made by HM Customs and Excise under Section 30(10) of the Value Added Tax Act 1994.
It is not part of Transart Box 's obligation to supervise the loading/unloading of the goods. Unless otherwise instructed by the Ordering Customer when placing the Transport and/or packaging order, Transart Box also supports no obligation regarding the packaging and labelling of the goods. When packaging and securing are carried out by the Ordering Customer or any other cargo interest, and photographs are sent to Transart Box to obtain confirmation that they have been carried out correctly, Transart Box will endeavour to respond as soon as possible with regard to what is visible in the photographs received.
Where Transart Box undertakes to set-up and/or install goods it merely means to set-up/install the good on/in the indicated spot. It excludes any construction and/or handy work (such as drilling, knocking in a nail, setting-up a picture rail or table etc…)
Except in case of personal fault on his part, Transart Box is not responsible for intermediary agents and/or Substitutes that have been imposed on him by the Ordering Customer or the public authorities.
The departure and arrival dates communicated by Transart Box are purely indicative. Transart Box tries to meet these estimated times, according to the nature and hazards of each mode of transport.
When a meeting or deadline is set-up for the delivery and expressly agreed in writing by Transart Box , Transart Box makes its best effort to meet it. Transart Box will not be liable for any delay for reasons out of its control, as for instance unusual customs delays or unexpected customs checks.
Should it not be possible for Transart Box 's sub-contractor to check the condition and quantity of the goods to be transported or their packing (when this has not been previously confirmed by Transart Box in photographs) at the time of pick-up, due to the fact that the packaging does not allow these elements to be checked, the Ordering Customer confirms that any reservations in this respect made by the carrier at the time of pick-up will be deemed to have been confirmed.
Notices of damage on Delivery must be made in accordance with the applicable regulations; they must at least be dated, express, written, detailed, precise and relate to the goods and be mentioned on the transport document. They must be confirmed in accordance with the applicable regulations and also be sent by the consignee to Transart Box by email to the email address: [email protected] within twenty-four (48) hours with the words “urgent” in the subject of the e-mail.
The Ordering Customer, if he is not the consignee of the goods, guarantees that the consignee will issue a notice of damage in accordance with the regulations and will inform Transart Box , at the same time and in the same way (express, written, detailed and precise reservations relating to the goods).
The Ordering Customer agrees to preserve the goods pending the instructions of Transart Box and, in particular, to allow the intervention of a surveyor to determine the extent and causes of the damage when it appears necessary to Transart Box and/or the Insurer.
Subject to any amendments to the applicable regulations, a notice of damage (dated, express, written, detailed, precise and relating to the goods) must be sent within the following deadlines:
Maritime transport:
For apparent damage or losses, the consignee must address reservations to the carrier at the latest at the time of delivery.
For non-apparent damage or losses, the consignee must address reservations to the carrier no later than three (3) calendar days after delivery.
Air Transport:
For apparent losses or damage, the consignee must address reservations to the carrier at the latest at the time of delivery.
For non-apparent damage or losses, For non-apparent damage or losses, the consignee must address reservations to the carrier no later than three (3) calendar days after delivery.
International rail transport:
For apparent losses or damage, the consignee must address reservations to the carrier upon delivery or establish a contradictory statement with the carrier at the same time.
For non-apparent losses or damage, the consignee must address reservations to the carrier within three (3) calendar days from the date of delivery.
International waterway transport:
For apparent losses or damage, the consignee must address reservations to the carrier upon delivery or establish a contradictory statement with the carrier at the same time.
For non-apparent losses or damage, the consignee must address reservations to the carrier within three (3) calendar days from the date of delivery.
International road transport:
For apparent losses or damage, the consignee must address reservations to the carrier upon delivery or establish a contradictory statement with the carrier at the same time.
For non-apparent losses or damage, the consignee must address reservations to the carrier within three (3) calendar days from the date of delivery.
Other Cases:
In any other case, namely internal road transport, domestic rail transport, inland waterway transport and internal maritime transport, in the event of damage or loss of the goods transported, the consignee must make reservations upon delivery or within three (3) calendar days after delivery by sending a registered letter to the carrier.
The Ordering Customer is liable for all consequences of the absence, inadequacy or defectiveness of the packaging, packing, marking or labelling of the goods, unless Transart Box had agreed to perform these operations at the time of the Transport and/or packaging order and that the corresponding Price was paid by the Ordering Customer.
The Ordering Customer is responsible for all the consequences of a breach of the obligation to give information regarding the carriage and to declare the very exact nature and specificity of the goods, especially when the latter requires special measures, particularly with regard to its value and/or the greed it is likely to arouse, its dangerousness or its fragility.
The Ordering Customer is responsible for all the consequences of delivering to Transart Box ’s Substitute(s) illegal, prohibited or embargoed goods. It guarantees them, as well as Transart Box , from any claim resulting from the non-respect of this prohibition.
The Ordering Customer alone bears, without any recourse against Transart Box , the consequences, whatever they may be, resulting from statements or documents that are erroneous, incomplete, inapplicable (for example, if the nature of the goods declared by the Ordering Customer to Transart Box does not correspond to the goods actually transported), or provided lately, including the information necessary for the transmission of any summary declaration required by the customs regulations.
In case of impediment to delivery, refusal of the goods by the consignee, as in case of failure of the consignee for whatever reason, the Price will remain due in full by the Ordering Customer. The latter will also have to pay storage costs, costs for returning the goods, for destroying it, for sale rescue and generally for all costs linked with the Shipment.
In case of immobilization of the means of transport on delivery or removal of goods, the Ordering Customer will be invoiced according to the rules applicable to the relevant mode of transport.
The Ordering Customer shall be solely liable in the event of non-payment of Transart Box for any reason whatsoever, and in particular in the event that a direct debit cannot be made from its bank account for any reason whatsoever and for example in the event of insufficient funds in its bank account, a payment ceiling having been reached or an expired bank card. It is the sole responsibility of the Ordering Customer to ensure that the payment is properly made, i.e. that its account has been debited in favour of Transart Box 's account. In case of any doubt the Ordering Customer shall ask Transart Box .
Transart Box , in its capacity as ‘shipper’, assumes a dual responsibility: (i) as a guarantor for its Substitutes’ act/omissions, according to the legal regime applicable to them, and (ii) for its evidenced personal acts/omissions.
When Transart Box acts as a customs representative, whether it carries out the customs service itself or subcontracts it to any 3rd party, its liability can only be incurred in the event of proven fault, within the period provided for in article 15 of these general terms and conditions and within the limits and conditions provided for in articles 10.2.2 and 10.2.3.
Whatever Transart Box 's service:
- Unilateral set-off of the amount of alleged damage with the Price due to Transart Box for the transport operation in question or for other transport operations is strictly prohibited. The Ordering Customer undertakes not to set-off. If it however sets-off, the Ordering Customer will have to pay, in addition to the Price, interests and fixed fee for late payment, plus 20% of the ex-VAT Price of the invoice that is not/belatedly paid, together with compensation for any loss suffered by Transart Box , including court and lawyer fees if Transart Box has to seize a Court.
- Only proven, direct and foreseeable material damage may be compensated by Transart Box under the conditions set out in article 13 of the contract.
In the context of its liability as a shipper guarantor of its Substitutes designated by it to carry out the transport, the liability of Transart Box is limited to that incurred by the Substitute in respect of the consignment entrusted to it. When the limits of liability of the Substitutes are not known or do not result from mandatory, legal or regulatory provisions, they are deemed identical to those relating to the personal liability of Transart Box provided for in Article 10.2.2 of the present General Terms and Conditions. In the event that the packaging of the Shipment is not carried out by Transart Box and/or one of its sub-contractors, and that it is not possible for the latter to check the packaging, securing, condition of the Shipment and/or its quantity prior to taking charge of it, Transart Box 's liability can only be incurred on the condition that it is shown that the damage occurred during transport and is not related to the quality of the packaging or securing. In any event, the limitation of liability in Article 10.2.2 shall apply.
In all cases where the personal liability of Transart Box is engaged, for whatever cause and reason, this personal liability is strictly limited, for all damage to the goods which is attributable to the transport operation as a result of loss and damage, and for all the consequences which may occur, at £ 13 per kilogram of gross weight of missing or damaged goods without exceeding, whatever the weight, volume, dimensions, nature or value of the goods concerned, an amount greater than the gross weight of the goods to a maximum of 200 kilograms.
It is not Transart Box 's responsibility to ensure that the payment made to it has indeed been made by the Ordering Customer, in particular in the case of direct debit due to a purchase from the Ordering Customer on any other 3rd party site.
Transart Box and its Substitutes are not liable for damages / wear & tear prior to them taking the goods in their custody.
Transart Box is not liable when the Shipment do not correspond to the description provided by the Ordering Customer (whether in case of damage or in case of customs control) and/or when the Ordering Customer and/or the consignee have not allowed a surveyor mandated by Transart Box and/or the Insurer to intervene after the goods have been declared damaged and/or lost.
It is the responsibility of the Ordering Customer to ensure that the debit made by Transart Box can be and has been successful. In particular, it is incumbent upon the Ordering Customer to ensure at the time of each order the validity of the registered bank card and its possible spending limit over a given period. Transart Box shall not be liable in the event of any difficulty/delay in payment by the Ordering Customer and shall not be required to inform the Ordering Customer of this.
The eventual return costs of the goods are always supported by the Ordering Customer, even in case of damage, except when they are covered by the Insurer. Price is earned by Transart Box , even where the Shipment is lost or damaged.
All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all the computer applications that could be used to make the Website work, and more generally all the elements reproduced or used on the
Website are the full property of Transart Box or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of Transart Box , are strictly prohibited. The fact that Transart Box does not initiate proceedings upon becoming aware of these unauthorized uses does not imply acceptance of such uses and waiver of prosecution.
Whatever the quality in which Transart Box intervenes, the Ordering Customer expressly recognizes to Transart Box a conventional pledge carrying the right of retention and general and permanent preference over all the goods, values and documents in the transport operator’s possession, serving as a guarantee of all receivables (invoices, interests, expenses incurred, etc.) that Transart Box holds against him, even before or outside the operations carried out with regard to the goods, securities and documents that are actually in its possession.
Transart Box has a lien on the value of the goods subject to its obligation and the documents relating thereto for all its ‘commission’ claims on its principals, even born from previous operations.
In Transart Box ’s privileged debt are included, with the principal amount, interests, commissions and incidental expenses.
Legal proceedings in connection with the transport and/or packaging services must be commenced within the periods set out in Article L133-6 of the French Code of Commerce.
If any provision of these General Terms and Conditions is declared null or deemed unwritten, all other provisions will remain applicable.
Provision of article 15 of the contract are applicable with the following amendments: beyond three (3) years of commercial relationship, the notice to stop the commercial relationship with Transart Box is at least six (6) months, beyond nine (9) years of commercial relationship, the notice to stop the commercial relationship with Transart Box is at least one (1) year, and above fifteen (15) years of commercial relationships, the notice is at least two (2) years.
In any case of disagreement, Transart Box remains available to you to listen to you and to look for a solution.
If the dispute remains, you can send a written claim to Transart Box by letter addressed to: Transart Box , Unit 3 Metro House, Lockwood Court, Leeds LS11 5TY, or by email to: [email protected]
Regarding consumers, Transart Box offers, when the written request did not allow to solve the issue, to mediate through the relevant UK jurisdiction.
In the event of a dispute or disagreement, only the Courts of Transart Box 's registered office will be competent.
The present General Terms and Conditions, the contracts concluded between Transart Box and the Ordering Customer, and any dispute relating to the services provided by Transart Box are exclusively subject to UK law.
In case there would be a discrepancy between the UK version of these General Terms and Conditions and any translation, the UK wording shall prevail.
Unless stated to the contrary in this section or elsewhere in this insurance the Subject-matter insured shall be all lawful goods and merchandise of every description including all packing materials and labels and the like when necessary for commercial purposes.
Including second-hand and/or used Interests and/or Interests which are not new (collectively hereinafter called -hand
Including reconditioned, refurbished or remanufactured Interests or Interests which have been subject to a similar restoration process (as defined in the Interests in the Special Conditions section of this insurance).
No liability shall be assumed in respect of cargo of every description whilst within Iraq and/or Afghanistan unless prior approval has been specifically granted by the Insurer, in which case the Policy Limit shall apply
In respect of the following interests, the liability of the Insurer shall be sub-limited to EUR250,000 each and every loss accident or occurrence or series of losses accidents or occurrences arising out of one event:
A) Fine art* unless prior approval has been specifically granted by the Insurer, in which case the Policy Limit shall apply
* For the purposes of this insurance, Fine Art shall mean all paintings, etchings, pictures, tapestries and other bona fide works of art with a value in excess of EUR25,000 per item, including (but without prejudice to the generality of this clause) valuable rugs, statuary, marbles, bronzes, rare books, antique silver, manuscripts, porcelains, rare glass and bric-a-brac, collections of books, mixed periodicals, photographs, slides, clippings and other articles of a similar nature including furnishings.
Antiques and Works of Art Clause
In respect of antiques and works of art; cover hereunder shall be subject to the Antiques and Works of Art Endorsement attaching to and forming part of this insurance.
The Second-hand Interests Clause shall not apply to Interests insured under this Clause. This clause shall not apply to goods sent under a DHL Express Waybill.
Second-Hand Interests Clause
In respect of Second-hand Interests (as defined in the Subject-Matter section of this insurance) in no case shall this insurance cover claims for or loss damage or expense reasonably attributable to ordinary wear tear and/or gradual deterioration such as (but without prejudice to the generality of this clause) damage to paint work, chipping, denting, scratching, marring, bruising, rust, oxidization or discolouration.
In the event of a claim being made against this insurance, the burden of proof that any such damages were not pre-existing damages and that they arose from the operation of a peril insured during the currency of this insurance shall rest with the Assured.
This Clause shall not apply in respect of Interests insured under the Antiques and Works of Art Clause and the Household Goods and Personal Effects Clause.
This clause shall not apply to goods sent under a DHL Express Waybill.
ANTIQUES AND WORKS OF ART
ENDORSEMENT
This Endorsement (and any Endorsement issued in substitution and/or any Endorsements hereto) attaches to and forms part of the contract of insurance and is subject always to the terms conditions warranties limitations exclusions and exceptions of the contract to which it attaches. This Endorsement and the Policy shall be read together and construed as one contract of insurance and any word or expression to which a specific meaning has been attached in any part of this contract shall have the same meaning wherever it appears.
In respect of antiques and works of art the amount recoverable under this insurance shall be determined in accordance with the following:
1)The Insurer shall be the sole judge as to where any repair should be carried out.
2)assessment. If the interests have already been sold, the sale price shall be used as the value in undamaged condition.
3)In the event of damage to such interests, the total cost of repair must be appraised by an expert, as well as a determination of the value of the interest in damaged condition.
4)Insurers shall reimburse either the appraised repair costs or the difference between the declared or determined value in undamaged condition, and the determined value in damaged condition, at the ) below.
5)In situations where it is not clear whether an item can be repaired in a way that the repair is not visible, Insurers may repair the item for their account. After repair, Insurers will have the item appraised and reimburse the difference between the value of the repaired item and the value in undamaged condition, or the sales price.
6)If recognised experts declare that the value is not reduced after repair, then Insurers are released from further reimbursement.
Prior to accepting instructions to insure, the Policy Holder shall take reasonable steps to ensure:
6.1) that such Interests are professionally packed by a suitable and reputable independent third party, and 6.2) that such third party packers compile a detailed inventory of all items, inspect all items upon packing and provide a report detailing any existing damage such as (but without prejudice to the generality of this clause) chips, dents, scratches, damage to paint work, rust, oxidisation and discolouration; and
6.3)that such Interests are carried by Airfreight, or by Land in a fully enclosed cargo space, or by Water in a Closed Container, and
6.4)that such Interests are supported by a recent and recognised valuation certificate.
However, in the event that the Policy Holder inadvertently omits to satisfy any or all of these requirements then any claim arising may still be recoverable at the discretion of Deutsche Post DHL GBS Insurance and Risk Management in consultation with the Insurer.
HOUSEHOLD GOODS AND PERSONAL EFFECTS
ENDORSEMENT
This Endorsement (and any Endorsement issued in substitution and/or any Endorsements hereto) attaches to and forms part of the contract of insurance and is subject always to the terms conditions warranties limitations exclusions and exceptions of the contract to which it attaches. This Endorsement and the Policy shall be read together and construed as one contract of insurance and any word or expression to which a specific meaning has been attached in any part of this contract shall have the same meaning wherever it appears. In respect of Household Goods and Personal Effects cover hereunder shall be subject to all of the following terms conditions warranties limitations exceptions and exclusions.
Basis of Valuation and/or Loss Settlement:
The Basis of Valuation and/or Loss Settlement shall be as follows:
1) It is a condition of this insurance that a full valued and itemised inventory shall be submitted by the Assured to the Policy Holder prior to despatch.
2) It is a condition of this insurance that all items shall be declared at and insured for their New Replacement Value in the country of destination plus packing and shipping costs if required.
3) Warranted that the total sum insured declared by the Assured shall be in full compliance with any legislation and/or regulations of the importing or exporting country that may apply in respect thereof. 4) The Insurer shall be entitled to repair or replace any item(s) (whether partially or in full) or to make a payment in respect thereof up to the amount of the insured value declared hereunder.
5) In all instances, the amount recoverable under this insurance shall not extend to cover any reduction in value or depreciation as a result thereof.
6) limited to the same proportion as the total insured value of such item(s) bears to the total insured value declared hereunder.
7) fragile items shall be limited to 10% of the total insured value declared hereunder.
8) In respect of Antiques and/or Works of Art, it is a condition of this insurance that such Interests are supported by a recent and recognised valuation certificate.
Duration:
This insurance shall attach from the time the packing of items commences at origin residence, continues during the ordinary course of transit including whilst in storage prior to delivery to destination residence for a period not exceeding 90 days, and shall terminate from the time the Subject-matter is off-loaded and safely delivered into destination residence.
Periods in excess of the 90 days held covered on terms and conditions to be agreed.
Owner Packed Goods:
In respect of owner packed goods, cover hereunder shall be limited to the total loss of an entire shipping package.
Special Interests:
Motor Vehicles, Watercraft and Aircraft are subject to the relevant clauses in the Special Conditions section of this insurance.
Excluded Interests:
In no case shall this insurance cover any of the following Interests:
Arms, Ammunition, Beverages, Deeds and/or Securities and/or Treasury Notes and the like, Designs, Explosives, Fine Art*, Foodstuffs, Furs and Fur Garments, Jewellery and Watches (where single items are valued in excess of EUR 5,000), Livestock or Bloodstock or Living Creatures, Manuscripts and all other Documents, Money (including Bank Notes and Coins), Patterns, Perishables, Plans, Plants, Precious and Semi-precious Stones and Metals (including but not limited to Bullion), Prototypes and One of a Kind Interests, Stamps and/or Duty Stamps and the like.
* For the purposes of this insurance, Fine Art shall mean all paintings, etchings, pictures, tapestries and other bona fide works of art with a value in excess of EUR5,000 per item, including (but without prejudice to the generality of this clause) valuable rugs, statuary, marbles, bronzes, antique furniture, rare books, antique silver, manuscripts, porcelains, rare glass and bric-a-brac, collections of books, mixed periodicals, photographs, slides, clippings and other articles of a similar nature including furnishings.
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