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AAThis translation is for the convenience of non-Greek speaking persons only. The binding Conditions of Carriage are those as set out in the Greek text.
GENERAL CONDITIONS FOR THE CARRIAGE OF GOODS
The under mentioned general conditions constitute in their totality the terms of the contract of carriage of Goods between the Contracting Parties (hereinafter called ‘The Agreement of Carriage’). By the delivery of Goods to the Carrier for transportation, the Sender is considered that he accepts the conditions of the Agreement of Carriage personally as well as on behalf of any third person who might have an interest in the Goods.
The expressly named representatives of the Carrier, including AKIS EXPRESS and G.A.P. AKIS EXPRESS LTD, act exclusively as agents of the Carrier and they accept no responsibility whatever or obligation to the Sender or any other person and the delivery of the Goods to the said agents shall constitute delivery of the Goods to the Carrier.
1. The Contracting Parties
The Contracting Parties to the Agreement of Carriage are the following:
a) the company G.A.P Akis Express Limited., having its registered address at 20 Strovolos Ave., 2011 Strovolos and Company Registration Number HE27988 (hereinafter called ‘the Carrier’)
b) the person or company which is named on the Way Bill as the Sender (hereinafter called ‘the Sender’).
In these General Conditions the under mentioned words shall have the following meaning:
a) “Valuables” mean items of substantial monetary value which have been declared as valuables before the issue of the Way Bill (but without declaration of specific value) and for which an additional fee of carriage has been paid
b) “Prohibited Goods” include any substance that is considered by the laws of the Republic of Cyprus as dangerous, flammable and/or such like
c) “Way Bill” means the official vouched which is issued by the Carrier to which these General Conditions apply and in relation of which
I. no employee or agent of the Carrier has the authority to effect any verbal statement or which appears to amend or add or delete any of the terms that apply to the Agreement of Carriage
II. any declaration by the Contracting Parties which is recorded on the Way Bill relating to facts shall be considered as binding, true and accurate.
d) “Collection Address” and “Delivery Address” shall mean the respective addresses recorded on the Way Bill
e) “Goods” means the merchandise, commodity, parcels, boxes, envelopes and other items or any part thereof recorded on the Way Bill
f) “Declared Value Items” means Goods for which the Sender has declared a specific value prior to the issue of a Way Bill and for which an additional fee of carriage has been paid
g) “Recipient” means the person or Company which is named as Recipient on the Way Bill.
3. Carrier’s Responsibilities
3.1. Subject to all the provisions and terms of the Agreement of Carriage, the Carrier undertakes to transport the Goods from the Collection Address to the Delivery Address with all reasonable speed.
It is understood that whenever a fixed date and time of delivery is agreed with the Sender or the Receiver, the responsibility of the Carrier, according to this sub-paragraph, is to transport the Goods in such a way and speed so as they will be available for delivery at the Delivery Address on the agreed time.
4. Carrier’s Liability
4.1. Unless otherwise expressly stated in this paragraph and in the following sub-paragraphs, the Carrier does not accept any liability towards the Sender or any other person for any loss, damage or destruction of the Goods.
4.2. Unless otherwise expressly stated in this paragraph and in the following sub-paragraphs, the Carrier does not accept any liability towards the Sender, the Recipient or any other person for any loss or damage (direct or consequential), attributable to delay in the delivery of the Goods for reasons beyond the control of the Carrier.
4.3. The Carrier shall be liable for the actual loss, damage or destruction (other than consequential) to the Goods whenever it is proven that such loss, damage or destruction was the direct result of any deliberate act of the Carrier or his employees or his Agent, which constitutes theft or malicious destruction of property.
4.4. The Carrier shall be liable for the direct (but not consequential) loss or damage due to delay in the delivery of the Goods that exceeds 96 hours from the time that the Goods should have been delivered.
4.5. The Carrier shall be liable for the direct (but not consequential) loss or damage to Declared Value Items.
4.6. The Carrier shall be liable in respect of wrong delivery of Goods as a result of the Carrier’s fault.
4.7. The Carrier shall not be liable for any loss or damage which is attributable to circumstances beyond the control of the Carrier, including, without any limitation, of natural catastrophes, strikes, lockouts, acts of the Government or any Authority or its Representative (regardless of legal status), war, insurrections, disturbances, ground subsidence, fires, flooding, earthquakes, explosion, breakdowns or accidents to any transport or other installations or tackle necessary for the carriage of Goods.
5. Limitation of Liability
5.1. Notwithstanding what is stated in paragraph 4 herein above, and subject otherwise to any written agreement between the contracting parties, the liability of the Carrier is limited and shall not exceed
a) in relation to Declared Value Items, the declared value of those Goods but not exceeding €1000,00 (Thousand Euros Only).
b) in relation to Valuable Items, 15% of the proven current and actual value of those Valuables, but not exceeding €1000,00 (Thousand Euros Only), and
c) in any other case the amount of the carriage fees which have been paid or agreed to be paid for the transportation of the Goods which have actually been lost or impaired or damaged or were wrongfully delivered.
6. Commitments and Obligations of the Sender
6.1. Subject to the terms and conditions of the Agreement of Carriage, the Sender declares, agrees and commits himself that:
a) is the exclusive owner of the Goods, or is duly authorised by any owner of the Goods to enter into this Agreement of Carriage and to be bound by these General Conditions.
b) The Goods shall be made ready at the Collection Address for collection and transportation at the time agreed with the Carrier
c) shall have available adequate personnel for the easy and safe loading in accordance with the instructions of the Carrier
d) the Goods shall be packed appropriately, safely and marked correctly and accurately.
e) will bring to the attention of the Carrier, at the time of loading, any particular characteristics of the Goods (e.g. that they are fragile) or other matters which the Carrier should be aware of, for the planning, loading and safe transportation of the Goods.
f) will maintain with an insurance company, adequate and appropriate insurance coverage on the Goods against the usual risks including theft, loss and destruction during the entire period which the items shall be under the control or in the possession of the Carrier.
g) shall provide the Carrier with the complete and correct details of the Recipient.
h) shall ensure that the Recipient shall accept possession of the Goods and shall be ready to take delivery of the Goods at any reasonable time.
i) shall ensure that the Recipient shall have available adequate personnel for the easy and safe unloading of the Goods in accordance with the instructions of the Carrier and
j) the Goods do not contain Prohibited Goods
k) regarding the sending of Valuables has declared to the Carrier, before the issue of the Way Bill, that the transportation relates to Valuables, and their description and has paid the additional transportation fees.
l) regarding the sending of Declared Value Items has declared to the Carrier, before the issue of the Way Bill, that the transportation relates to Declared Value Items, their description and their value and has paid the additional transportation fees.
7.1. Notwithstanding and without prejudice to the right of the Carrier to terminate this agreement and/or to seek compensation, the Sender undertakes and commits himself towards the Carrier that he will compensate and/or indemnify the Carrier and any official, employee and Agent of the Carrier for any damage, loss, liability, cost, expense or demand which may arise
a) due to the failure of the Sender to abide by the Agreement of Carriage, or
b) in any way directly or indirectly by the nature of the Goods
8. Assignment to Third Parties
8.1. The Carrier reserves the right to assign the entire or any part of the transportation to another carrier or any other person.
9. Right of Inspection
9.1. The Carrier has the right, if it is deemed necessary at the sole discretion of the Carrier, to open any packaging, box, container, envelope or parcel at any time and for any reason.
10.1. The Sender agrees to all the routings and their deviations, including the possibility for the transportation to include intermediate stops and/or transhipments.
11. Terms of Payment
11.1 Unless otherwise agreed between the Contracting Parties the transportation fees are payable on the collection of the Goods by the Carrier.
12. Law Jurisdiction
12.1. These General Conditions and the Agreement of Carriage are subject to the Laws of Cyprus and the parties accept the sole jurisdiction of the Courts of Cyprus.
12.2. These General Conditions are in force as from 1st January 2010.