1) Statements and definitions
It is agreed that as soon as the sender requires the services at UNITED BUSINESS SOLUTIONS, he explicitly accepts on his behalf or for anyone else the contract of carriage, that these conditions be fully and unconditionally applied between the parties in relation to the transport Same as from the time the shipment is accepted by UNITED BUSINESS SOLUTIONS, Same as from the time the shipment is accepted by UNITED BUSINESS SOLUTIONS, With the exception of any rights or obligations entered into for particular services in respect of which an additional payment has been agreed.
“Shipment” means any and all documents or parcels that travel accompanied by a single letter of connote. It is understood that the “shipment” may be carried by any means that UNITED BUSINESS SOLUTIONS, at its sole discretion, decides to use.
A “waybill” means the document drawn up for this purpose by the sender and any other documents and / or labels from the same purposes, by an automatic system set up by UNITED BUSINESS SOLUTIONS that the sender declares to accept and recognize as their own , Or letters of aerial vehicles or other delivery documents drawn up by the sender or faithfully reproducing the instructions given by him on behalf of anyone else who may have a right to dispatch. Documents that will be deemed to be related to transport and shipping regulated by these General Conditions of Carriage.
In order to perform shipping services, UNITED BUSINESS SOLUTIONS is expressly authorized by the sender to perform for the same any of the following activities:
(A) drawing up of documents required for customs purposes
- B) Correction of codes of products or services and payment of rights or fees due under the laws and regulations in force
(C) to do as an agent on behalf of the sender, the operations necessary for the purposes of customs export controls and, as a recipient, activities limited to the designation of a customs cargoer who carries out the duties of customs consignments and customs clearance
- D) postponing the shipment to the importer appointed by the recipient or to any other address of any person whom UNITED BUSINESS SOLUTIONS considers to have been reasonably deemed to have been authorized.
2) Custom clearence
In order to perform the shipping services, UBS may perform on behalf of the Sender or the Recipientany of the following activities: (a) compiling documents, modifying product or service codes and paying any charges, taxes or penalties provided for by applicable laws and regulations (“Customs Charges”), (b) acting as Sender’s shipper for customs and export control as a Recipient only with the exclusively intention to be a customs broker that performs customs clearance and entry procedures and (c) redirects the shipment to the customs broker appointed by the Recipient or to another address request by the any person that UBS considers, in its reasonable opinion, to have been authorized
3) Scope of application and effectiveness
3.1. Even if the carriage of the shipment forms part of another type of contract between you and us, these terms and conditions apply to the contract agreed between you and us in respect of any carriage of goods pursuant to the contract.
3.2. By concluding any type of contract with us that involves the carriage of goods you agree that:
The contract is a contract of carriage of goods by road if the carriage of the shipment actually takes place by road;
The contract is a contract of carriage of goods by air if the carriage of the shipment actually takes place by air;
The contract is a contract of carriage of goods by sea if the carriage of the shipment actually takes place by sea;
The contract is a contract for the performance of other services if related to non-carriage services.
4) Shipments not acceptable for transportation by UNITED BUSINESS SOLUTIONS srl
The client hereby expressly recognize that UNITED BUSINESS SOLUTIONS considers unacceptable the following parcels transportation:
- That are classified as risk material or as dangerous goods or goods of which the carriage has been prohibited or have been subjected to restrictions by IATA, ICAO, or by any governmental authority or other organization that have the power to Classify the goods as mentioned above
- They are not accompanied by customs declarations where the declarations are compulsory by customs regulations in force
- Goods that UNITED BUSINESS SOLUTIONS by itself decided that can not be carried safely or in contravention of the laws in force that the sender declares to know in their integrity (such shipments include, but are not limited to, animals, bullion, currency or money , Negotiable bearer payment instruments, their metals or stones, parts of the human body, pornographic or illegal material, narcotic drugs or narcotics).
5) Non-transportable goods without any exceptions
- 1. Negotiable securities and certificates (charging policies);
- 2. Currency (cash, coins, credit cards and traveler checks);
- 3. Other non-negotiable values;
- 4. Armaments, firearms and white weapons;
- Software that contains high value information;
- 6. Waste;
- 7. Political material;
The following articles may be accepted by UNITED BUSINESS SOLUTIONS only after a previuos written and specific approval by itself:
- Dangerous goods;
- 2. Food and pharmaceuticals;
- 3. Substance or psychotropic substances;
- 4. Cigars and spirits;
- 5. Art objects;
- 6. Antiques;
- 7. Metals (gold and silver in any form) and precious stones;
- 8. Bulk goods;
- 9. Documents, offers for participation in public or private competitions, value cards, good meal and good fuel, etc.
- 10. Delicate objects such as glass, bottles, etc.
- 11. Architectural models;
- 12. Goods subject to excise duty;
- 13. Organic fabrics and anatomical pieces;
- 14. Watches
You acknowledge and take the responability that the transportation of such goods is subject under specific sectoral regulations. Therefore the taking over of this must be done in accordance with the law and in accordance with any operational provisions prepared by UNITED BUSINESS SOLUTIONS. These indications may change at any time. In addition, the provisions and restrictions may differ from one country to another country.
Could be required to UBS to share information, including your personal data regarding the shipment, with your the fate authorities of your shipment or with transit authorities for customs or security reasons.
6) Delivery of unmanageable shipments
Shipment can not be delivered to mailboxes or postal codes
Shipment will be delivered to the addressee indicated by the sender (in the case of postal services the address will be considered as the postal office) but not necessarily to the person of the intended recipient. Where dispatches are directed to addresses having a central or unified reception service, they will be delivered to that service.
If the recipient refuses delivery or refuses to pay what is due for delivery or if the shipment is deemed unacceptable or the value for customs purposes has been underestimated or the recipient can not reasonably be identified, UNITED BUSINESS SOLUTIONS will make every reasonable effort to Return the shipment to the sender billing to him any costs.
If the return of the goods will be with difficult execution, the shipment may be abandoned or sold by UNITED BUSINESS SOLUTIONS without thereby incurring any liability of the sender or any other person who has rights to shipment, specifically, it being understood that any receipts from the sale will be used primarily to cover the cost of services and the related administrative activities and only that will be returnerd to the sender the residual money
Hereby you accept that delivering the shipment to UNITED BUSINESS SOLUTION , you agree that we or any governmental authority, including customs and security, can open and inspect your shipment at all times
8) Calculation of transit times and shipment routing
Hereby you accept that inside our estimate cost are never included the following items :
Weekend days (Saturday and Sunday), non-working days in transit and destination countries, public holidays and national holidays together with delays caused by customs, Public Administration, delays caused by compliance with local safety procedures , or from other events out of our control.
The road, the route and the tools by which we transport your goods remain by our own discretion.
During the weekend days (Saturday and Sunday), during non-working days in transit and destination countries, during public holidays also at national level, we do not provide the service. In a lot of main Italian cities the Branches of our partners work during the Saturday mornings .You can take the shipments that have been sent to you in custody and leaving the goods for shipping ( anyway in that case the Courier must be informed by us).
In the periods before and after public holidays also national celebrations ,during the eve of the bridges we reserve the service delivery (the relevant information will be available on the website www.u-bs.eu or by request to our customer service). Alternatively you can request our services at “HOC”.
9) Rates and billing
And it agreed between the parties that the shipment expenses shall be calculated on the higher of the real weight and volume UNITED BUSINESS SOLUTIONS recognizing the right to proceed with the re-weighing and re-measurement of delivery and charge the sender the same Charge for deficiency found.
The Sender will pay or repay UNITED BUSINESS SOLUTIONS of all shipping, storage, shipping and handling fees due for UNITED BUSINESS SOLUTIONS or supported by UNITED BUSINESS SOLUTIONS on behalf of the sender, recipient or third party and all claims, damages, and expenses incurred in the event that the shipment was considered not acceptable for transport in accordance with point 2 of these General Conditions of carriage.
10) Limits of Responsibility
U.B.S. is a company that provides outsourced services on behalf of other companies. To provide these services, the UNITED BUSINESS SOLUTION makes use of the collaboration of several partners present on the national and international territory. For that the Limits of Liability of UNITED BUSINESS SOLUTION will be refered to the conditions applied by the partner used for the service requested.
11) Deadline for the validity of the complaint
If you want to forward a claim for a lost, damaged or delayed shipment, or for any other damage, you must comply with the provisions of national law or any applicable international convention and with the following procedure; otherwise we reserve the right to reject the complaint. In particular, you must make a written communication within:
- a) In case of damage or lack of goods not found at the time of delivery 8 calendar days from receipt of shipment if the transport of your shipment is made at home.
- b) 7 calendar days from receipt of shipment if the transport of your shipment is carried out by land, inside to or from a country signing the Convention on the International Transport of Goods by Road 1956 (CMR);
- 21 calendar days from receipt of shipment if the transport of your shipment is carried out by air, inside toor from a country signing the Warsaw Convention (1929) (as amended over time, if applicable), or Montreal Convention (1999) (as amended over time, if applicable), depending on the mandatory regulation.
- d) For different services the than transportation, 21 days from the date on which you should reasonably have noticed the loss, damage or delay.
- After the first reporting, and no later than the statute of limitations prescribed by the law or applicable conventions, you must document your claim by sending us all the relevant information regarding shipping and loss, damage or delay. We are not obliged to do anything until you do not have payed the freight for the service requested and you are not authorized to hold back money from the payment due to UNITED BUSINESS SOLUTION until you have payed UNITED BUSNESS SOLUTION the freight for the service required
We will consider the shipment delivered in good condition unless the recipient has affixed a specific reservation of damage or lack on our delivery document upon collection of the shipment. In order to be able to consider a claim for damage, the contents of your shipment and the original packaging must be made available for inspection. Except as otherwise provided for in any applicable agreement and / or law, your right to file a claim for damages against us will expire unless an action is brought before a court of justice within 1 year from the date on which you reasonably aware of the loss, damage or delay. In case of acceptance of all or part of your claim, you guarantee that your insurance or third parties who have an interest in the shipment will renounce any right, remedy or claim that could be titled by subrogation or other.
12) Insurance (not available for the postal service)
If the sender intends to obtain compensation for any damage related to the shipment beyond the limit of the penalty agreed on the basis of the service chosen and consequently on the basis of the patner used for the service requested or beyond the limits of the law, may request to U.B.S. an insurance covering the market value of the goods deriving from loss or damage to the shipment by filling the section on the front of the waybill related to the insurance or by requesting it through the U.B.S. together with the payment of the relative premium.
However, insurance coverage does not cover indirect losses or damages, or lost profits, or losses or damages resulting from delays in delivery.
The insurable value consists of the price indicated into the sales invoice or, without that, the market value of the insured items at the place and at the time of delivery. The price written inside the sales invoice means the value of the goods net of VAT, costs of drafts and packaging, gross of any discounts granted to the purchaser for any reason. The insurance is valid for both export and import shipments as long as they are invoiced in Italy.
Reimbursement will take place only upon presentation of the documentation certifying the value of the goods (sales invoice or, failing this, price list, purchase invoice, repair invoice, etc.). Any compensation for damages will be paid net of the deductible provided for the policy stipulated by the courier used with the insurance Company of its own trust in force at the time of shipment or provided for by the insurance policies on transport that in our case we managed to contain 10%.
The liquidation of the damage will take place on the basis of the proportional criterion if the goods are insured for a value lower than the real one, as required by art. 1907 of the Civil Code.
The insurance service is not available for certain types of goods. Therefore, contact our Customer Service for all the necessary information.
It is expressly agreed that any damage beyond the limits of art. 6 not covered by insurance or beyond the insurable limits, are directly assumed by the sender with full exemption of U.B.S. from every responsibility.
13) Fuel surcharge
For any type of shipment both national and international U.B.S. will apply a fuel surcharge equal to the same percentage applied by the courier used . this percentage can be displayed directly on the site of the courier used for the shipping.
14) Delays in delivery
U.B.S. undertakes to do everything possible to carry out the delivery according to its normal delivery schedules, U.B.S. does not give any guarantee in this because such programs are not in anycase under control of U.B.S. therefore, it will not be held responsible in any case for delays in picking, transport, delivery of any shipment regardless of the cause of such delays or requests by the sender for particular terms of delivery even if resulting from the delivery documents.
15) Causes of force majeure
U.B.S. will not be held responsible for any loss, damage, incorrect or non-delivery caused by accident or circumstances out of its control. These include, but are not limited to:
- a) natural disasters such as earthquakes, cyclones, hurricanes, floods, foundations and fog
- b) cases of force majeure such as wars, accidents to vehicles or embargoes, riots or civil revolts
- c) defects, characteristics or defects related to the nature of the products shipped even if they could be known by U.B.S. at the time of acceptance of the shipment
- d) acts, defaults or omissions of the sender or the recipient or anyone else who has an interest in shipping, administration of the state, customs or post office or other competent authority and any subsequent carrier not depending on U.B.S. which U.B.S. has entrusted the shipment for the final submission with express exemption of the provisions of the art. 1699 and 1700 c c
- e) strikes or work conflicts
- f) electrical or magnetic effects, erasures or other similar inconveniences suffered by representations in any form they perform.
16) Guarantees and indemnities of the Sender
The Sender undertakes to hold off and indemnify U.B.S. for any loss or damage that may arise from
breach by the sender of the following guarantees and declarations:
– all the information provided by the sender or any of its representatives is complete and accurate;
– the shipment is acceptable for transport, in compliance with what described in the previous point 2;
– the shipment has been prepared in safe rooms by qualified personnel in charge of the preparation of theshipment and have taken appropriate protective measures related to the shipment, in order toavoid unauthorized interventions during shipment preparation, warehousing and storageany transport;
– all the laws and regulations concerning the customs, imports and exports, personal data, sanctions, embargoes, as well as other applicable laws and regulations have been complied in rispect of the law, the sender has obtained all the necessary consents to allow U.B.S. the processing his personal data,including the details of the Recipient, if this is necessary for transportation, customs operations and delivery, such as e-mail address and telephone number.
17) Transport routes
The sender expressly declares his / her agreement on the routes the hipotetical variations of them including the possibility that the shipment is carried out with intermediate stops.
18) Jurisdiction Place
The sender expressly agreed, in favor of UBS, that any dispute that is in anyway connected and resulting from these General Conditions, must be submitted (not in exclusive) under the jurisdiction and laws of the country where the shipment itself started the trasport unless this does not conflict with mandatory rules of laws.
19) Possibility invalidity of a rule
It remains agreed between the parties that any invalidity or non-applicability of any provision provided for in the General Conditions and resulting from the application of legal provisions will not affect in any way the validity of the other provisions referred to in this deed