General Terms of Business

I INTRODUCTORY PROVISIONS

These General Terms and Conditions (hereinafter: General Terms and Conditions) regulate the rights and obligations regarding the provision of agreed services provided by the Company “Delta Transportni Sistem – DTS d.o.o. Beograd” for the benefit of service users – clients.  

In the following, Delta Transportni Sistem – D.T.S. d.o.o. Beograd, as a service provider, is also referred to as DTS or we (and words such as “us”, “our”, etc. will be interpreted accordingly), and the service user is also referred to as the Ordering Party, client or you (and words such as “You”, “Your”, etc. will be interpreted accordingly). 

The company “Delta Transportni Sistem- DTS d.o.o. Beograd ”  (hereinafter: DTS) with its registered office in Belgrade, Žorža Klemansoa 37, within its activities provides transport, storage, and customs representation services in its own name and on behalf of the client, in the name and on behalf of the client, i.e. in its own name and on its own account, concludes transport contracts and other contracts necessary for the execution of transport/provision of services, and organizes and performs other usual tasks and actions.  

Other usual tasks and actions include all services related to transport, customs representation, storage, manipulation, packaging, distribution of goods and all other services from the DTS activity that are required for the dispatch or delivery of certain goods, as well as additional advisory services in connection with the above (hereinafter also referred to as Logistics or Logistics Service).  

DTS provides all these services as an unique Logistics service or individually each service for itself (storage, inventory management, customs representation, transport of goods, return logistics, additional logistics services, etc.), independently or by hiring its external business associates – subcontractors for the execution of services. 

DTS makes available to its clients all agreed potentials and invests all its knowledge and experience to provide services in the field of Logistics. The specificity of the service provided by DTS to clients and the timely execution thereof require the establishment of certain general rules.  

In the business relationship between the DTS and the client, at each stage of that relationship and regardless of whether a separate written contract has been concluded between the DTS and the client or not, these General Terms and Conditions shall apply.  

Unless otherwise expressly agreed in writing, DTS assumes no obligations and responsibilities other than those regulated by these General Terms and Conditions. 

DTS will act at all times as required by the interests of the client and with the care of a good businessman. 

DTS is entitled at any time to amend and/or supplement these General Terms and Conditions, whereby the new version of the General Terms and Conditions will replace the previous ones and become the only valid, applicable and binding from the date of amendment. These General Terms and Conditions or parts of the General Terms and Conditions may be listed and printed in a written contract, on the back of an offer, order, etc., or these documents may indicate that these General Terms and Conditions have been published on the DTS website, and in each of these cases it is considered that the client is aware of, and has accepted and agreed to the application of these General Terms and Conditions.

II OFFER AND CONTRACT

These General Terms and Conditions of DTS, regulate the general rules and conditions under which DTS provides the service of Logistics (which may include the organization of transport and/or storage of goods and/or customs representation), or individually the services of transport, storage, manipulation of goods or customs representation (all together hereinafter: Services), as well as the rights and obligations of the parties in the business relationship regarding the provision of the same Services. 

These General Terms and Conditions apply to all inquiries, offers and acceptances of offers, as well as to all specially written contracts on the Services, except when otherwise regulated by the concluded written contract between DTS and the client. 

The application to the business relationship in question in relation to the Contracted Services of any general conditions of the Ordering Parties, their societies or associations, etc., as well as any other general conditions  or rules highlighted or listed on the invoices, specifications, etc., or any other documents of the Ordering Party, is excluded. 

The DTS offer applies only to those Services provided for therein and does not imply any other service not expressly mentioned therein. The offer shall be submitted to the client in writing, either  by fax or by e-mail. The offer is valid only until the deadline set for its acceptance. The offer shall be deemed accepted if the client notifies the DTS in writing, or by fax or e-mail that he agrees with it, i.e. that he accepts it, or upon the given offer submits to the DTS the data and documentation necessary for the execution of the Service or makes available, to the DTS or DTS subcontractors, the goods for which the Service is performed.  

Unless otherwise stated in the specific offer, the offer is valid for 10 days from the date of delivery. 

The DTS offer to the client was formed on the basis of data provided by the client, which the DTS is not obliged to verify. Unless otherwise indicated, the DTS offer is given for goods of standard dimensions and does not apply to cargo with special requirements and restrictions (for example: dangerous goods, excise goods, food, animals, weapons, high-value goods and the like). In each individual case, when submitting a bid request, the DTS must be informed and warned by the client that it is a product with special requirements and/or restrictions. In the event of a high-risk assessment or when detecting legal uncertainty, DTS is not obliged to accept or further perform the offered Services. 

In case of incorrect data on the type, quantity and dimensions of the goods for which the services are provided or which are transported, DTS reserves the right to execute the order with the correction of the given offer. Among other things, if the client, after submitting the work order, changes the data of importance for the execution of services/transport and thus affects that the DTS suffers damage, the client will be obliged to compensate the DTS for the same. 

The offer and acceptance of the offer shall have the legal force of the concluded Service Agreement, to which these General Terms and Conditions shall apply. 

Service contracts are concluded between the DTS and the client, as a rule, by offering and accepting the offer, and in addition, mutually signed contracts can be concluded in writing, and these General Terms and Conditions of DTS apply to all of them, which form an integral part of these offers and contracts as an annex to them. 

The conclusion of a separate written contract on the Services between the DTS and the client is not necessary, nor does the absence of such a contract affect the validity of the legal transaction between the DTS and the client. If, however, a specially written contract on the Services has been concluded between the DTS and the client, it, as a rule, includes all previous agreements between the contracting parties contained in the offer and the acceptance of the offer. In the event of a different agreement between the parties contained in the concluded written contract in relation to the agreement contained in the offer and the acceptance of the offer, the agreement contained in the concluded separate written contract shall apply. 

In the event of disagreement between certain provisions of these General Terms and Conditions and certain provisions of the offers, and the contract, the provisions shall apply in the following order starting from the highest to the lower priority: 

• Provisions from the signed contract 

• Provisions from the individual DTS offer, 

• Provisions of these General Terms and Conditions. 

The final price (fee) in the offer/contract is only the sum of all fees for each of the services specified in the offer/contract and does not apply to all additional services that the DTS can provide that are not specified in the offer/contract, nor does it contain any additional cost or additional required payment that may arise during the realization of the relevant Services from the offer/contract. 

DTS reserves the right to adjust the price from the offer/contract with the stated reason. Given that the offer/contract is based on tariffs and exchange rates on the day it is made, it is absolutely subject to correction in accordance with the changes in them. The offer/contract does not include costs for which DTS has no responsibility or influence and are subject to change from the moment of issuance to the moment of completion of the Service. The DTS is obliged to inform the client about the changes and any unforeseen costs within a reasonable time and no later than 10 days from the moment the DTS is aware of the changes and issue a new calculation.  

The Client consciously accepts such changes and is aware that it is not possible to withdraw from them if the nature of the contracted Service does not allow it (for example: if the shipment is in a ship, on a plane or similar). If possible, DTS will inform the client who has the right to withdraw from the Service due to the occurrence of an additional cost, as well as the costs incurred as a result of such withdrawal, provided that the client is obliged to reimburse these costs that may arise as a result of such a withdrawal decision.  

By concluding a contract or accepting an offer, the client accepts these General Terms and Conditions.

III ORDER

DTS performs all Services solely on the basis of and in accordance with the order of the client which DTS has accepted to perform. It is necessary that the order contains all the necessary information about the goods and their characteristics, exact instructions regarding their dispatch or delivery and other Services, as well as that it contains other information necessary for the proper and timely execution of the given order. 

When the Services performed by the DTS for the client include the transport of goods, the client is obliged to submit to the DTS an order with the following information: date and place of delivery (consignment note); name and address of the sender; place and date of loading of the goods and place of destination; place and address of the recipient; usual description of the type of goods and method of packaging; number of packages, their special marks and numbers; gross mass of goods or quantity expressed otherwise; value of the goods; necessary instructions for customs and other formalities. 

When the Services performed by the DTS for the client include customs services, the client is obliged to submit to the DTS an order with the following information: name, address and registration number of the importer, name and address of the foreign partner, address and registration number of the user of the goods, type of foreign trade, country of import and country of origin, purpose of import, place of border crossing of the goods, type, value, quantity, tariff position and naming of the goods and all other information and instructions necessary for the DTS to fulfill its obligations without delay and interference. 

When the Services performed by the DTS for the client include storage, the client is obliged to submit the DTS order with the following information: type, value and quantity of goods, their registered business name and address, their registration number, name and surname of the driver, identity card, storage conditions (temperature, humidity, etc.), specifics (dimensions, mass, appearance, complexity), period of storage of goods, as well as everything else necessary for the DTS to fulfill its obligations without delay and interference. 

The Client is obliged to inform the DTS about the characteristics of the goods that may endanger the safety of persons or goods, or which may cause damage. 

When performing the Services, DTS will always adhere to the client’s instructions on the properties of the goods, the direction of the path, the means and manner of transport, etc. If it is not possible to act on the instructions contained in the order, the DTS will request new instructions from the client, and if there is no time or it is impossible to do so, the DTS will act in accordance with good practice as required by the client’s interests. DTS will inform the client of any deviation from the order. 

When the client submits an order to the DTS, it is considered that the authorization for the payment of freight, customs duties and other costs has also been given, and the client is obliged to make available the necessary funds for the payment of these costs in a timely manner. Otherwise, any increased costs and consequences of failure to do so shall be borne exclusively by the client. In no case shall the DTS be obliged to make payments of customs duties, inspections and other administrative costs before the client makes funds available for the payment of these costs, unless otherwise expressly agreed in writing. 

The order is submitted to the DTS in writing, and the order given verbally should be confirmed by the client in writing, preferably the same, and no later than the next working day until the end of working hours. The DTS may, but does not have to, confirm the Client’s oral order in writing. 

When the order is clearly incomplete, unclear or contradictory, the DTS will promptly ask the client for the necessary clarifications, and the client is obliged to provide these clarifications to the DTS without delay.  

The Client shall bear all consequences arising from an incorrect, incomplete, unclear, contradictory and too late order. When the client modifies an order whose execution has already begun, the DTS will act on the modified order if possible, whereby it is not responsible for the consequences caused by the change of the order, and it is also entitled to reimbursement of additional costs incurred due to the change of the order.

IV DOCUMENTATION

The Client is obliged and responsible to submit to the DTS all documents necessary for the execution of the order in a timely manner no later than 3 days before the commencement of the provision of services (or within another deadline if specified by an individual DTS offer or a mutually concluded written contract). It will be considered that the client did not submit all the necessary documents to the DTS in a timely manner and if the client informed the DTS that the client’s business partner will submit such documents, and the client’s business partner does not submit the documents in a timely manner within the stipulated deadline and in full. All consequences arising from the malfunction of documents, deficiencies in the documentation or their untimely submission to the DTS shall be borne by the client. This means that in the event of a delay, standstill or any other problem or extraordinary cost during the provision of the Services incurred as a result of actions for which the client is responsible, the client will be notified after which the additional cost will be invoiced to the client. 

With regard to the documentation required for the transport of goods, DTS can use the existing standard documents – forms that are common in certain branches of transport. If there are clauses in these documents that reduce or exclude the carrier’s liability, they also apply to the DTS’s liability to the client.  

The DTS does not examine the validity of the authorization of the bearer of the accompanying documents, as well as the signatories of the order. The DTS also does not examine on the received order whether there are legal or other impediments to the dispatch of goods, and whether there are import, export or transit restrictions, prohibitions and the like, and any costs in such cases will be borne by the client.  

After submitting the documentation, the DTS has the right to issue, send and act as a representative on behalf of the client.

V ACCEPTANCE AND DELIVERY OF THINGS

The Client, i.e. the Client’s partner, is obliged to pack the goods according to their nature, characteristics, and needs for the provision of the Services, i.e. the transport route and the means of transport. The Client is responsible for the packaging of the goods, and DTS is not liable for damage caused by inadequate, insufficient or inadequate packaging of the goods or unpreparedness of the goods (including stacking of the goods in the cargo area). The Client shall load and unload the goods and shall be liable for all damage that occurs during or as a result of loading or unloading, unless otherwise expressly agreed. 

The DTS has the right, but not the obligation, to refuse to accept the goods for transport or for the provision of other contracted Services, which it estimates may cause damage to other goods or other shipments or cause other type of damage, and certainly reserves the right to subsequently claim compensation for damages by the client. 

Unless otherwise agreed, the DTS takes over the piece goods only by number of pieces/packages/pallets, and the bulk goods according to the client’s order or transport documents, all without responsibility for the content or nature of the goods. 

DTS is considered to have received the goods or cargo, when it took them over for the execution of the order. Unless otherwise agreed, DTS may perform the Service or transport in whole or in part. If the DTS performed the transport itself, it has the rights and obligations of the driver. 

DTS is obliged to inform the client about the main stages of the execution of the Services. DTS will inform the client without delay about the damage to the goods, as well as about all events of importance, and will take all necessary measures to preserve the client’s rights. 

If the recipient refuses to take over the shipment/goods/cargo, the DTS is obliged to inform the client thereof and at the same time to take the necessary measures for its preservation until a subsequent order, for which it is entitled to a special fee for the services, including the reimbursement of the costs incurred. 

If during the takeover of the goods/shipment, either after transport or after storage, the client or the recipient of the goods does not make comments in writing regarding the qualitative or quantitative condition of the goods, it shall be considered that they have duly received the goods. 

In the event that the transported or received goods are found to have defects, the identified defects must be noted in the record, which will be signed by the authorized person of the recipient of the goods and by the carrier or warehouse keeper. 

When the goods/shipment arrives at the destination visibly damaged or with a visible collateral shortage, the DTS is obliged to inform the client without delay about the damage and about all events significant to the client, and to take all necessary measures to preserve the client’s rights towards the responsible person. If the DTS considers that certain actions should be taken in the interest of the client, and cannot obtain their instructions beforehand, it is authorized to perform these actions for the account and at the risk of the client.

VI ROAD TRANSPORT

Upon arrival at the place specified in the order as the place of delivery, the DTS, or the person hired by the DTS for the purpose of transporting the goods, shall deliver the transported goods to the address specified in the order as the place of unloading, and the client shall ensure that the recipient picks up the goods on that occasion. 

When delivering the goods to the place of unloading, it is the responsibility of the DTS (or DTS’s subcontractor) to enclose the transport document (CMR). The transport document must be signed and stamped by the consignee when taking over the goods. It is the responsibility of the recipient of the goods to inspect the goods and to enter any complaints, damages and defects in the record on the transport document when taking over the goods. All subsequent complaints will not be accepted. 

The Client is obliged to make payment for all services within the agreed deadlines from the date of invoicing. The Ordering Party is obliged to ensure the availability of the goods at the specified time and agreed place of collection. 

The Ordering Party is obliged to provide all necessary documents accompanying the goods, in order for the transport to be carried out smoothly and in a timely manner. 

Also, when sending the order, the Ordering Party is obliged to provide all relevant information necessary for the organization of transport – data on the place of loading/unloading, data on the place of export/import customs clearance, the need for phytosanitary or other border checks, data on the type and quantity of goods. In case of any subsequent changes in relation to the order data, DTS reserves the right to adjust the offer according to its assessment of the additional fees/costs incurred. 

In case of incorrect data on the type, quantity and dimensions of the goods for which the services are provided or which are transported, DTS reserves the right to execute the order with the correction of the given offer.  

In the event of a delay, standstill or any other problem during transport, arising as a result of actions for which the Ordering Party bears responsibility, an additional cost will be invoiced according to the agreement reached. 

In the event of extraordinary costs incurred as a result of actions for which the Ordering Party bears responsibility, they will be re-invoiced to the Ordering Party with the attached evidence. 

Transport is carried out according to the conditions prescribed in the international CMR Convention, and does not imply insurance of goods in transport unless otherwise agreed in writing. In case of total or partial loss/damage of goods, according to CMR convention, the maximum compensation is 8.33 RSD per kg of gross weight of lost/damaged goods. 

The offer is made for goods of standard dimensions, unless otherwise indicated. The transport price is exclusive of VAT on domestic services and is payable in RSD at the middle exchange rate of the NBS on the day of invoicing. Any business offer of the DTS representative is binding only when confirmed in writing by us. 

The offer is valid for 10 days from the date of delivery. 

We operate according to the general terms and conditions of International Road Carriers of Serbia. 

VII SHIP TRANSPORT

DTS will carry out the transport of goods through maritime and river ship transport by ships on international lines and in accordance with the conditions of the official offer of DTS. In order to fulfill the client’s order, DTS will arrange with the ship-owner or agent the transport of goods by sea or river from the place of embarkation to the place of disembarkation. This contractual relationship is also subject to all rights and obligations, as well as responsibilities prescribed on the back of the ship’s bill of lading. 

If the client has concluded a contract for the shipment of goods by ship transport, he is obliged to contract the conditions of disembarkation common in the respective ports. The DTS shall not be liable for costs incurred due to the failure of the port organization or the ship-owner to meet the conditions of disembarkation and embarkation common in the port, nor shall it be liable for any such damage. 

DTS shall not bear the costs incurred due to the congestion of the port, piers, marshalling and collection stations and other traffic points, lack of storage space, lack of means of transport, waiting for the ship in the port and other means of transport in the ports and railway stations, alteration of maritime and river routes due to war or other extraordinary circumstances, overtime, waiting on holiday and other non-working days and interruption of work due to inclement weather and/or other reasons of force majeure, nor shall it be liable for such damage. 

DTS is not responsible for the content and accuracy of the notification of the ship-owner and its agent regarding the movement and arrival of the ship, as well as for the notification of other carriers. DTS is not responsible for the costs of loitering that were not incurred by the proven fault of DTS. In the event of a general breakdown, the DTS is obliged to inform the client of the facts of which it has become aware.

VIII AIR TRANSPORT

Air transport is subject to the IATA (International Air Transport Association) General Conditions of Carriage, the Warsaw Convention and the Montreal Convention. The Ordering Party is obliged to provide accurate data on the shipment, including labels and declarations of dangerous goods, as well as all necessary documents for export/import.  

DTS is not responsible for the accuracy of the information and documentation provided by the Ordering Party. 

The Client is responsible for all costs and consequences arising from incorrect or incomplete data or documentation.  

DTS will carry out the transport of goods by air through international airlines and in accordance with the conditions of the official offer of DTS. DTS will carry out the transport of goods by air, taking into account all the benefits provided by this type of traffic when contracting the price and conditions of air transport as a contracted agent of the airlines or their authorized agents (IATA cargo agent). These Services are subject to all rights and obligations, as well as responsibilities prescribed on the back of the air waybill. 

DTS is not liable for damage caused by delay, damage or loss of goods during air transport, unless it is proven that the damage was caused solely by DTS’s fault. 

IX RAIL TRANSPORT

DTS will carry out the transport of goods by rail through international railway lines and in accordance with the terms of the official offer of DTS. In order to fulfill the client’s order, the DTS will arrange with the Railway the transport of goods from the dispatch station to the destination station according to the applicable tariff of the Railway.  

These services are subject to all rights and obligations, as well as responsibilities prescribed on the back of the Rail Waybill (CIM) and the operating conditions of the Railway.

X INTERMODAL TRANSPORT

DTS also performs international combined transport (intermodal transport) of goods, which involves combining different modes of transport (ship, air, railway and road transport) in the organization of transport of the shipment from the place of loading to the final destination in accordance with the terms of the official offer of DTS. 

Intermodal transport of goods means the transport of goods in one and the same intermodal cargo unit or road vehicle using two or more modes of transport in succession, without manipulating the goods, in the event of a change in the mode of transport. 

In order to fulfill the client’s order, DTS will arrange intermodal (combined) transport of goods through two or more modes of transport from the dispatch station to the destination station at the applicable tariffs of the used modes of transport. Regardless of which modes of transport are involved in the specific case of intermodal transport of goods, all rights and obligations apply to these services, as well as the responsibilities prescribed on the back of the Bill of Lading or Air Waybill, depending on which of these modes of transport is predominantly involved. 

The DTS shall not bear the costs incurred due to the congestion of the port, piers, marshalling and collection stations and other traffic points, lack of storage space, lack of means of transport, waiting for the ship in the port, aircraft in airport and other means of transport in the ports and railway stations, alteration of road, air, maritime and river routes due to war or other extraordinary circumstances, overtime, waiting on holiday and other non-working days and interruption of work due to inclement weather and/or other reasons of force majeure, nor shall it be liable for such damage. 

Also with regard to any form of transport referred to in Articles VI-X of these General Terms and Conditions when hiring subcontractors for the provision of the services in question (shipping and airline companies, carriers, port/airport service providers, etc.) the DTS is able to accept and respect the general terms and conditions of operations of these persons (highlighted, for example, on waybills, bills of lading, etc.) defining the terms of service provision and responsibility, and at the same time the Ordering Party accepts that these general terms and conditions of these persons are also valid and applicable in the business relationship between them and the DTS. DTS’s liability is limited and in any case cannot exceed the limits set by international legal acts and the conditions set by CMR, CIM, B/L or AWB. 

XI INSTRADATION

When the order does not contain an order on the transport route, means of transport and the manner in which the goods should be shipped, delivered, transited to the destination, the DTS is authorized to select or combine transport options, which it deems to be the most favorable for the client. 

When the goods are shipped by rail, and the client has indicated only the registered office/residence of the recipient, without the indication of the destination station, DTS will, if it is not able to obtain the necessary clarifications from the client in a timely manner, send the shipment to the station it deems most favorable for the client. In this case, the DTS is not responsible for the selection of the station. DTS may ship individual shipments in aggregate traffic, unless otherwise specified in the order. 

XII CUSTOMS CLEARANCE

The DTS will issue a bank guarantee for the needs of the client, only if such a Service is contracted or specified in the DTS offer, for which the client is obliged to pay separately unless otherwise specified in the contract or in the DTS offer. Customs representation is direct, and in the process of customs clearance of goods, DTS acts in the name and on behalf of the client, unless otherwise defined by a written contract or prescribed by law. DTS submits customs documents based on the client’s or business partner’s data. DTS is not obliged to perform physical control of the goods, and is not responsible if the data do not match the actual situation. 

If the client does not submit a tariff position to the DTS in order to classify the goods in his order, the DTS will classify the goods in the appropriate tariff position on the basis of the available documentation submitted by the client, but is not responsible for the accuracy of the tariff position, nor for the damage that may arise from the incorrect classification of the goods, while the client assumes full responsibility and damage due to the incorrect classification of the goods on himself, all bearing in mind that the goods can be classified in the correct tariff position solely on the basis of the Binding Notification on the Tariff Classification of Goods of the Customs Administration. In case of need, and upon special request and at the expense of the client, DTS will submit a request to receive the notice in question. The DTS is not responsible in the event that the document on preferential origin is not in accordance with the regulations or is not valid. 

DTS is entitled to a special fee for performing the duties of a customs representative. The customs clearance order does not contain an obligation for the DTS to pay customs duties on behalf of the client, but such an obligation must be specifically agreed upon in a written agreement. When the place of customs clearance is not specified in the order, the same will be specified by the DTS. 

The Client is obliged to submit an order in writing to the DTS in a timely manner in accordance with these General Terms and Conditions, with all the necessary information for each individual action, which the DTS is obliged to perform in order to fulfill the obligation of customs representation. 

The Client is obliged to timely submit all necessary and correct documentation to enable the DTS to perform its contractual obligations, as well as to submit all necessary explanations regarding the goods and documentation additionally requested by the DTS. If the client fails to act in this manner, he is obliged to compensate DTS for any damage that may arise from such client behavior, and DTS will not be liable for any damage that the client may suffer. 

The Client guarantees the accuracy of the data from the documentation, which he is obliged to submit to the DTS for the execution of the Services. In the event that the control procedure determines that any information provided by the Client is incorrect, or does not correspond to the supporting documentation, resulting in any damage to the DTS, the Client undertakes to immediately compensate the DTS for all damage incurred.

XIII STORAGE AND DISTRIBUTION

Immediately upon receipt of the goods in the warehouse, the DTS will warn the client of the defects of the goods in terms of the condition or quantity of the goods as well as of other visible defects. The DTS will inform the client in a timely manner about the observed changes it notices in the goods, as well as about the observed dangers of the goods being damaged. When taking the goods from the warehouse, the client or other authorized person is obliged to inspect the goods.  

Delivery days are Monday to Friday unless otherwise agreed. The Client is obliged to submit orders for the preparation of goods in advance in the agreed form and deadlines. 

The Client is obliged to ensure adequate marking of the goods and to submit all other necessary data on the goods, such as the item codebook and logistic data in electronic form. 

DTS will deliver the goods in national distribution within the agreed deadline, which will not be shorter than 24 hours from the moment of receipt of the order.  

The capacities of the daily entry and exit of goods will be in accordance with the real possibilities of DTS. Capacity increase is possible with prior notice and joint planning by DTS and the client. 

Unless otherwise agreed, the prices of the Service do not include tolls, additional assistant, digital delivery, vehicle routing service and advanced reporting on the completed delivery.

XIV LIABILITY FOR DAMAGES AND CLAIMS

Complaints on the performed Services must be submitted in writing within 8 days from the date of execution of the Service. Complaints submitted after this deadline will not be taken into account. 

In order to report damage or shortage of goods, the client or his business partner, the recipient of the goods, when taking over the goods, is obliged to inspect the same and enter any complaints, damages and shortages in the record on the consignment note and immediately notify the DTS upon learning. The Client is obliged to take all necessary measures to reduce the damage. 

DTS will respond to complaints and grievances within a reasonable time after collecting all the necessary data and checking the specific circumstances. 

XV DEADLINES

The DTS is responsible for the time of dispatch or delivery, only if it has expressly committed to do so, and even then within the limits of the responsibility of the freight forwarder and other participants in the transport of the goods it engages. In the case of transshipment at the place of transhipment, the DTS is obliged to act conscientiously and carefully, in order for the transshipment to be carried out in the most favorable manner. DTS is not responsible for disruptions and delays in the transshipment of goods resulting from the omissions of carriers, transshipment and other organizations or reasons of force majeure. DTS is not responsible for untimely installation of means of transport by the carrier, and for untimely arrival of goods due to objective circumstances such as traffic jam, traffic jams at border crossings, vehicle malfunctions, traffic accidents and other emergency situations.

XVI INSURANCE

The goods received for transport may be insured by the DTS at the written order of the Client for an additional fee, according to the price list that is separately delivered on request. Additional insurance, nor higher value insurance coverage, does not constitute a declaration of value or interest and does not lead to an increased limitation of liability. By insuring one shipment, the DTS is not obliged to insure all subsequent shipments of its client. When the insurance order for the provision of goods transport services does not contain special risks to be covered by insurance, the DTS is obliged to cover only the basic transport risks with standard CMR insurance.

XVII REIMBURSEMENT OF SERVICES AND REIMBURSEMENT OF EXPENSES

DTS is entitled to compensation for its Services in accordance with the offer or concluded contract, as well as to reimbursement of the costs incurred in the performance of the Services. The offer in the form of a single total amount (shipment with a fixed fee, which, among other things, includes freight, customs agency costs, warehouse fees and other similar expenses), is valid according to the circumstances existing at the time when the offer was made. Costs not covered by the fixed fee shall be separately reimbursed by the client to the DTS. 

If the client instructs the DTS to contact the client’s business partner for reimbursement and reimbursement of costs, the client is obliged to oblige his business partner beforehand, but the client in any case remains obliged to the DTS if the client’s business partner fails to make the payment within the deadline. 

Invoice complaints may be filed within eight days from the date of their receipt. If a part of the claim is disputed, the Client will be obliged to settle the undisputed part within the agreed deadline and to submit a written objection for the disputed part within 3 working days from the date of receipt of the invoice. If the client uses the DTS bank guarantee, he undertakes to pay all costs incurred during the import or export of goods in the name of the customs debt within the statutory deadline. In the event that the client fails to pay the customs debt within the statutory deadline, the DTS will re-invoice the interest on the account of the Customs Administration and additionally charge for the service of using the bank guarantee. 

If the Client fails to settle their debts within the agreed deadline, they will be obliged to pay the statutory default interest for the delay.  

The fee agreed or determined by the offer may be changed if there is a change in fuel prices and other costs on which the price of transport and other services depends, or changes in prices determined by the persons hired by the DTS for the performance of the Services. In the event of a price change, the client may accept the price change or cancel the contract for a proportionate fee for the actions already performed and for reimbursement of costs (including cancellation costs), unless otherwise agreed in writing.

XVIII LIABILITY AND LIMITATIONS OF LIABILITY

The DTS shall be liable for damage only in cases where it is proven that the damage was caused solely by the fault of the DTS. DTS shall not be liable for indirect damages, lost profits, business interruption, or other similar damages that may arise from the non-performance or inadequate performance of the Services.  

For loss or damage of goods as well as delay in delivery, the DTS is liable under the 1956 Convention on the Contract for the International Carriage of Goods by Road (CMR Convention) and other applicable laws and applicable transport regulations (such as the Road Transport Contracts Act, CIM, Hague Rules, etc.), provided that the liability of the DTS is limited to one adverse event and for all adverse events occurring in one month up to the amount invoiced to the client by the DTS for transport services, in the month in which the adverse event occurred, or in which the adverse events occurred. Liability limits that comply with applicable transport regulations (such as CIM, CMR, Hague Rules, etc.) and these General Terms and Conditions apply even if the documentation accompanying the goods or issued by the DTS, states the value of the goods or insured value that exceeds the liability limits set out in the above regulations. 

DTS is responsible for the damage suffered by the client through the fault of DTS when providing customs representation services, provided that the liability of DTS is limited to one adverse event and for all adverse events occurring in one month up to the amount invoiced by DTS to the client for customs representation services in the month in which the adverse event occurred, i.e. in which the adverse events occurred.  

DTS’s liability is limited on the same principle for all other Services not expressly mentioned in this Article. 

For the provision of the storage service, DTS is liable for the loss or damage of the goods, and the liability of DTS is limited to the amount of EUR 25,000.00 per adverse event and to the amount of EUR 25,000.00 per year. 

The DTS shall not be liable for damage, loss or delay caused by the provision of the Services that did not occur due to the fault of the DTS, and in particular caused by: 

• due to circumstances that she could not avoid 

• as a result of consequences that she could not prevent 

• defects or natural properties of the goods or defective packaging 

• due to force majeure, case or acts/omissions of third parties 

• due to untimely submission or non-delivery of accurate data by the client, necessary for the performance of services 

• fault of the client or business partner 

• due to the instructions of the client or the recipient of the goods 

DTS is not liable to the client for the compensation of any contractual penalty, or penalty, that the client has contracted with its business partners. 

DTS is not responsible for incorrectly calculated freight rates, as well as customs and other public duties. DTS is obliged to file a complaint with its business partners – carriers only if the client explicitly requests it. In this case, the client is obliged to submit to DTS the transport, customs and other documentation necessary for submitting the complaint. 

If the client or business partner fails to place the goods at the place of loading in a timely manner or if the client, after submitting the work order, changes the data of importance for the transport, loading or unloading of the goods, and the DTS suffers damage as a result, the contracting parties agree that the client is obliged to compensate the DTS for the damage suffered. For each retention of a vehicle not specified in the work order, which is not caused by the DTS fault, the client will be obliged to compensate the DTS in the amount of EUR 150/day in RSD equivalent at the NBS selling rate on the day of payment. 

If the Client fails to provide accurate data or documentation to the DTS, it is obliged to compensate the DTS for all the damage suffered by the DTS, while the DTS will not be liable for the damage possibly suffered by the Client. Also, in the event that the control procedure determines that the type, quantity, designation or tariff number, or characteristics of the goods do not correspond to the data submitted by the client to the DTS and/or supporting documentation, resulting in any damage to the DTS, the client will be obliged to immediately compensate the DTS for all damage incurred. 

In the event of initiating judicial and/or administrative or other proceedings against the DTS or raising any claims or objections to the DTS related to the goods being transported and the documentation accompanying and exchanged, the client is obliged, if possible, to enter into such proceedings instead of the DTS and take over the further conduct of these proceedings, and in any case is obliged to assume all responsibility and bear all costs, reimbursements, penalties and other expenses incurred in conducting the proceedings in question (including the costs of lawyers, fees, expertise, etc.) and on the basis of decisions made in these proceedings, or to reimburse them to the DTS.

XIX FORCE MAJEURE

Force majeure is any circumstance or event whose effect could not be foreseen, avoided or eliminated, and which prevents the DTS or the client from duly fulfilling all or individual obligations, so none of them is liable to the other party due to the inability to fulfill its obligations or for damage caused by force majeure. Force majeure events include the following: acts of nature (including fire, flood, earthquake, storm, or other natural disaster), epidemics, strike, insurrection, war, invasion, terrorist acts, military or other usurpation of political power or seizure of property (confiscation), nationalization, government sanctions or embargoes, decisions of competent authorities, power outages, water, fuel or any other interruption of the supply of public service, Internet or communication links, termination of services by third parties on which the operation of the DTS depends.  

DTS shall not be liable to the client in any way for non-fulfillment or improper fulfillment of its obligations in the event that they occurred due to improper fulfillment of the client’s obligations. 

In the event that one of the parties is prevented or delayed in performing any of its obligations due to force majeure, the party affected by force majeure shall notify the other party as soon as possible of the occurrence of force majeure, after which they shall jointly try to find a mutually appropriate solution to the situation. In the event that the inability to perform the obligations persists for a period that is unacceptable to the other party, the other party is authorized to withdraw from the contract by submitting a written notice, and all rights and obligations incurred up to that point will be considered valid until their fulfillment.

XX PLEDGE AND RETENTION

In order to ensure the collection of its claims arising in connection with the DTS services, it has the right to pledge and retain on the goods, consignments, documentation and things handed over for and in connection with the Services, or which are yet to be handed over to the DTS for dispatch or other Services provided by the DTS, regardless of whether they are directly related to the Services in respect of which the claim in question arose, as long as it has them in its possession (direct and indirect) or as long as it has in its possession a document by which it can dispose of such things. 

If the client fails to settle any claim related to the Services, DTS may, outside the court, proceed to the sale of the pledged/retained goods, shipment, cargo at a public sale after the expiration of eight days from the written or e-mail warning made to the client as well as to the pledgor, when it is not the same person, that it will act so. DTS will inform both parties in a timely manner of the date and place of sale. If the pledged/retained goods have a market or stock price, DTS may sell them at that price, upon the expiration of eight days from the warning made to the client and the pledgor that they will do so. 

DTS has the right to collect from the price obtained from the sale of goods, shipment, cargo, on which there is a pledge/right of retention, before other creditors of the client its claim, due interest, costs incurred for the preservation of pledged/retained goods, as well as costs related to the collection of receivables.

XXI BUSINESS SECRET/PERSONAL DATA

The content of the documentation governing the business relationship between the DTS and the client, as well as the data and documentation of one Contracting Party to which the other Contracting Party acquires possession during the conclusion or execution of this Agreement, constitute a business secret of the Contracting Party whose data and documentation are such, and one Contracting Party shall not be entitled to disclose them to any third party except in the cases of: a) when the disclosure thereof is made in accordance with and for the purposes of exercising the rights and obligations from the specific business relationship, or b) when the relevant regulations require it, or c) when these data/documentation are otherwise already publicly available without the fault of the Contracting Parties, or d) when there is written consent of the other Contracting Party for such, or e) when the DTS submits these data and documentation to its related parties, business banks, auditors, advisors, etc. The obligation of professional secrecy applies both during the business relationship between the DTS and the client and for 5 years after its termination.  

If the client or DTS violate the obligation referred to in the previous paragraph, they are obliged to compensate the other party for all the damage caused as a result of the breach of the obligation of professional secrecy.  

By establishing a business relationship with DTS or mutual data exchange, the client agrees – gives his consent for the personal data he submits or makes available to be processed and stored, as well as used by DTS , all in accordance with the applicable regulations on personal data protection. The Client has the right to withdraw this consent-consent at any time. In any case, DTS will treat the data as confidential and will not transfer it to a third party, unless this is necessary for the performance of the agreed Service.

XXII COMMUNICATION

The DTS may communicate orally with the Client, but only communication in writing or other durable medium shall be considered legally binding. 

When the DTS delivers its letters to the client in person or directs them to the last known address of residence, domicile or registered office or telephone number, fax number and/or e-mail address, provided to the DTS by the client, the letters shall be deemed to have been received by the client at the time of reference to the same, if sent by: 

• fax – on the day when the fax was sent to the client as evidenced by the confirmation of receipt from the fax machine; 

• e-mail – on the day when the e-mail was sent, as evidenced by a printed computer certificate; 

• sms/viber or similar message – on the day when the sms/viber or similar message was sent, which is evidenced by a printed confirmation from the system; 

• courier service – upon delivery, which is evidenced by the confirmation of the courier service; 

• post  – upon delivery, as evidenced by the confirmation of the post office. 

DTS has the right to determine one or more methods/means of communication with the client provided for in these General Terms and Conditions if the written contract between the client and DTS does not specify the method of communication. 

The Client is obliged to inform DTS without delay, and no later than 3 days from the date of the change, about the change of its name/title, address of residence/registered office, telephone number, e-mail or any status or other change that is registered with the competent authority and about other elements that are important for communication with the DTS and for settling obligations under the DTS. 

Letters sent by the client to the DTS will be considered received by the DTS only after the client’s copy of the document has been certified with the DTS stamp of arrival or after a written receipt has been issued or in other cases in accordance with the law.

XXIII DURATION AND TERMINATION OF THE AGREEMENT

Unless otherwise agreed by a specific written contract or an accepted offer, the contracts are concluded for a definite period of time and cease with the full fulfillment of the contractual obligations of both contracting parties. If the client’s right to withdraw from the contract has been agreed, and the client exercises this right, he will be obliged to pay the DTS a proportionate part of the compensation for the previous work, as well as to reimburse the DTS for all the costs incurred by the DTS until then. Notwithstanding the foregoing, the provisions of the articles of these General Terms and Conditions relating to LIABILITY AND LIMITATIONS OF LIABILITY, PLEDGE and RETENTION,  BUSINESS SECRET/PERSONAL DATA, as well as APPLICABLE LAW AND JURISDICTION  shall apply in the event of termination of the contract for any reason.

XXIV DIVISIBILITY OF THE CONTRACT / GENERAL TERMS AND CONDITIONS

The invalidity or nullity of certain provisions of the contract concluded with the client or these General Terms and Conditions shall not affect the validity of other provisions of the contract and the contract as a whole, i.e. these General Terms and Conditions, if they can survive without such provisions and if they did not represent a decisive incentive or the only goal for conclusion or adoption. 

XXVI APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions and the contractual relationship between DTS and the client shall be governed by the law of the Republic of Serbia 

The provisions of the Law on Contracts and Torts and other applicable regulations of the Republic of Serbia shall apply to everything that is not regulated by the offer of the DTS, concluded by a contract or these General Terms and Conditions, excluding the provisions on the conflict of laws with the regulations of other countries. 

In the event of a dispute arising out of or in connection with the Services provided by the DTS and these General Terms and Conditions that the DTS and the client cannot resolve amicably, the Commercial Court in Belgrade or another competent court in Belgrade shall have jurisdiction. 

XXVI FINAL PROVISIONS

Any delay or failure to require the fulfillment of a specific contractual obligation or the exercise of any right under these General Terms and Conditions, the offer or the contract shall not be considered a waiver of the fulfillment of such obligation or the exercise of such right. 

These General Terms and Conditions apply to all Services provided by DTS to its clients.  

DTS informs the client about the application of these General Terms and Conditions by highlighting the notice on the application of the General Terms and Conditions on any document by which it communicates with the client, with the submission of the General Terms and Conditions or the indication of the Internet address where they can be found.  

By placing an order or concluding a contract, the client and other business partners declare that they are familiar with all the details of these General Terms and Conditions, that they have no doubts about the full meaning of the terms used and that they fully and unreservedly accept them. 

These General Terms and Conditions are drawn up in Serbian, and if there is a translation of these General Terms and Conditions into any other language, it is the only legally valid version in Serbian. 

These General Terms and Conditions are published on the DTS website at: https://www.dev.dts.rs and are available to all existing and future users of the DTS Services. 

In Belgrade, on 1 September 2024 

Delta Transportni Sistem – D.T.S. d.o.o. Belgrade