The standard terms and conditions governing services provided by DTS LOGISTIC SERVICES S.R.L..
"Company" (also the "Shipping House") means DTS LOGISTIC SERVICES S.R.L., acting as a limited liability company which, in the name and on behalf of the Client or at its order, undertakes to organize and arrange the transport of Goods and related Services, without necessarily acting as carrier.
"Client" means any natural or legal person requesting, or on whose behalf, the Company provides Services — including the shipper, consignor, consignee, receiver, or beneficial owner of the Goods — all of whom are jointly and severally liable.
"Goods" means any cargo, container, equipment, or other property handled, transported, or otherwise dealt with by the Company.
The relationship between the Company and the Client is governed, in order of precedence, by: (a) any duly executed written Agreement between the parties; (b) any specific order or service instruction accepted by the Company in writing; and (c) these General Terms and Conditions, which form an integral and inseparable part of any Agreement, order, or transaction.
In the absence of a formal written Agreement, any order, instruction, or request for Services accepted or performed by the Company constitutes a binding contract governed exclusively by these T&Cs.
By submitting instructions or accepting Services, the Client acknowledges and agrees that these T&Cs apply in full, including all limitations of liability, exclusions, and indemnities contained herein. These T&Cs prevail over any terms submitted by the Client.
A binding contract is concluded upon verbal or written acceptance of an offer, confirmation of an order or booking, or commencement of performance of any Services (including partial performance).
The Client shall provide timely, complete, and accurate instructions, and is solely responsible for the clarity, accuracy, and completeness of all instructions and for any consequences arising from ambiguous, incomplete, conflicting, or late instructions.
The Company may refuse, suspend, or modify Services where instructions are unclear, incomplete, or unlawful; where documentation is missing or defective; or where compliance, safety, or regulatory risks are identified.
The Company acts exclusively as a freight forwarder and intermediary (agent) and does not act as a carrier or principal, unless expressly and unequivocally agreed in writing.
The Company has full discretion to select carriers, subcontractors, agents, and other third parties, and to determine routes, modes, and methods of handling. All such third parties are independent contractors; the Company is not liable for their acts, omissions, negligence, or insolvency, except where liability is mandatorily imposed by law.
The Company does not guarantee transit times, delivery dates, availability of space or equipment, or the performance of any third party. Any schedules or estimates are indicative only.
The Client shall ensure the Goods are properly packed, secured, and suitable for transport; comply with all applicable laws and conventions; and are accurately described, declared, and documented.
The Client is strictly liable, irrespective of fault, for incorrect or misleading information; defective packing; failure to declare dangerous or regulated goods; and shipment of prohibited or illegal Goods.
The Client shall indemnify and hold the Company harmless against all liabilities, claims, losses, fines, penalties, duties, costs, and expenses arising from any breach of these obligations or the nature or condition of the Goods.
The Client shall declare in writing, prior to acceptance, any Goods that are dangerous or hazardous (including those subject to ADR, IMDG, IATA, or other regulations), perishable or temperature-sensitive, or high-value, fragile, oversized, or otherwise of an unusual nature, and shall provide all necessary documentation and safety information.
Where such Goods are not properly declared or present a risk, the Company may — at its discretion and without notice — refuse, suspend, or cease handling, or unload, store, return, destroy, or render the Goods harmless, without liability.
The Company may act as customs representative (direct or indirect) where agreed. It is not liable for errors in classification, valuation, or origin; delays caused by authorities; or inspections, controls, or seizures.
The Client remains solely responsible for the accuracy of all customs declarations and supporting documents, compliance with all customs, tax, and regulatory requirements, and payment of all duties, taxes, fines, and penalties.
The Company is liable only for direct loss or damage proven to have been caused by its gross negligence or intentional misconduct.
The Company is not liable for loss, damage, delay, or expense arising from: acts or omissions of carriers, subcontractors, or third parties; delays or loss of space or equipment; force majeure; inherent vice or nature of the Goods; insufficient or defective packing; improper marking; incorrect or late instructions; or failure or breach of electronic communications or IT systems, including cyber incidents or phishing.
In any event, the Company's liability shall not exceed that of the performing carrier, subcontractor, or service provider engaged in the relevant operation.
Where liability is established, it is limited as follows:
Under no circumstances is the Company liable for indirect or consequential loss, or loss of profit, business, contracts, or market. Higher limits apply only where the Client declares a higher value in writing before Services commence, the Company accepts it in writing, and any additional charges are paid.
The Company does not provide or arrange insurance for the Goods unless expressly instructed in writing. Where insurance is requested, the Company acts solely as intermediary and is not an insurer.
In the absence of a written request for insurance, the Goods travel entirely at the Client's risk. It is the Client's responsibility to arrange adequate insurance coverage.
The Client is liable for all additional costs arising in connection with the Goods or Services, including demurrage and detention; storage and warehousing; port, terminal, and handling charges; congestion, fuel, war-risk, and other surcharges; and any costs resulting from delays or operational requirements. All such costs are payable on demand, regardless of cause.
Loss, damage, or shortage must be recorded and notified in writing to the carrier upon delivery; non-apparent loss or damage must be notified within 3 (three) days of delivery.
Any claim against the Company must be submitted in writing, with supporting documents, within 6 (six) months of delivery (or of the date the Goods should have been delivered). Claims not submitted within this period are inadmissible and void.
Any right of action against the Company is extinguished unless legal proceedings are initiated within 9 (nine) months of that date.
All invoices are payable within 48 (forty-eight) hours of issuance unless otherwise agreed in writing. Credit terms apply only if expressly granted in writing and may be withdrawn at any time.
Overdue amounts accrue interest at 0.10% (or the maximum permitted by law) from the due date until payment. In case of non-payment, the Company may suspend Services, withhold documents or Goods, and declare all outstanding amounts immediately due. All payments are made in full without set-off or deduction.
The Company has a general and continuing lien over all Goods, documents, and property of the Client in its possession, for all sums due at any time. It may retain possession until all amounts are paid in cleared funds, and — after reasonable notice where practicable — may sell the Goods by commercially reasonable means to settle outstanding amounts.
When acting as vessel agent, the Company acts solely as agent on behalf of the shipowner, operator, charterer, or other Principal, and not as principal. It incurs no personal liability except in cases of proven intentional misconduct.
All costs incurred in connection with vessel agency services are for the account of the Principal. The Company may require an advance Disbursement Account (DA) before the vessel's arrival, and has no obligation to incur any expense until such funds are received in full and cleared.
The Principal shall indemnify and hold the Company harmless against all claims arising from vessel agency services, unless caused by the Company's proven intentional misconduct.
The Company is not liable for any failure, delay, or improper performance caused, directly or indirectly, by events beyond its reasonable control, including war, terrorism, riots; strikes or labour disturbances; pandemics or public-health emergencies; acts of government, embargoes, or regulatory actions; port congestion or closure; natural disasters; and failures of transport, infrastructure, utilities, or communications.
During Force Majeure, the Company's obligations are suspended without liability, and any additional costs arising are borne by the Client.
These Terms and Conditions, and any obligations arising out of or in connection with the Services, are governed by and construed in accordance with the laws of Romania.
The parties shall first attempt to resolve any dispute amicably through good-faith negotiation. Failing that, any dispute shall be subject to the exclusive jurisdiction of the competent courts at the Company's registered office; the Client waives any right to bring proceedings before any other court or jurisdiction, to the extent permitted by law.
These T&Cs apply to all Services and prevail over any terms submitted by the Client unless expressly agreed in writing. Any amendment or waiver is valid only in writing signed by an authorized representative of the Company. If any provision is held invalid, the remaining provisions remain in full force. These T&Cs, together with any applicable Agreement, constitute the entire agreement between the parties.
Questions about this document? Contact us at office@dts-logistic.com or +40 314 251 815.
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