These General Terms and Conditions of Supply Chain Services are a binding part of the contract of services between the client and the company, and the parties commit to the fulfilment thereof and will govern the contractual relation between them for the services rendered.

• SCOPE OF APPLICATION
  These General Terms and Conditions apply to all supply chain services offered by Transnet S.A, whether in its capacity as freight forwarder, carrier, customs agent, authorized economic operator, warehousing and supply chain operator, or any other activity that they may provide and may be applicable thereto. These General Terms and Conditions are available to clients and the general public on the company’s official website.
• DEFINITIONS
  • Transnet: refers to Transnet S.A and subsidiaries, as well as the different branches, agents, representatives and companies partially owned by Transnet S.A, and/or whose control is held by Transnet that have rendered the services subject to these General Terms and Conditions.
  • Client: refers to the entity for whom Transnet provides their services, as well as the entity requesting their services for themselves or for third parties.
  • Shipper/Sender: refers to the entity who contracts, on their own behalf, a transport service and to whom the carrier is bound to deliver said service.
  • Carrier: refers to the entity who undertakes the obligation to carry out the transport in their own name, regardless of whether they do so using their own means or by contracting someone else for this purpose.
  • Recipient/consignee: Refers to the entity to whom the carrier has to deliver the goods to the place of destination.
• GENERAL PROVISIONS
  • If there are no specific instructions in writing, Transnet may choose the itineraries, means and modes of transport that, in their judgment, are the most appropriate to carry out the transport and/or delivery of the goods under the best conditions.
  • The goods will always be dispatched at the risk and expense of the sender and/or consignee and the insurance will only be covered according to the instructions received from them in writing.
  • If the consignee or recipient does not take charge upon arrival of all or part of the goods, they shall be deposited at the risk and expense of the Client and/or sender or the corresponding party, subject to the provisions of the Law or, where applicable, the uses of trade observed in the place of delivery.
• DESCRIPTION OF GOODS AND PACKAGING
  • Transnet has been assured that the declaration of the goods is accurate in terms of their characteristics, description, brands, numbers, quantity, weight and volume, the Client and/or the shipper and/or the consignee shall be liable for any liability for loss, damage, errors and/or penalties suffered by Transnet and/or third parties as a result of any inaccuracy resulting from such data.
  • Any shipment of dangerous goods must be within the ADR/RID/IMDG/IATA regulations in force at any time. The sender and/or Client is solely responsible for complying with current legislation, both in terms of packaging, documentation, brands, consignment notes and any other requirement that is necessary for the transport of the aforementioned goods, exonerating Transnet specifically from any liability derived from non-compliance before third parties. The Client shall be fully liable and shall indemnify, hold harmless and defend Transnet, its servants, agents, subcontractors and any third party for all loss, damage, delay, personal injury, death or expenses including fines and penalties and reasonable legal expenses and costs caused to Transnet, the carrier, the Vessel, any cargo, and other property, arising from such dangerous / hazardous goods.
    In the event of omission or insufficient information, the sender and/or Client will be liable for the damages caused by the goods, Transnet having the right to be reimbursed for the expenses incurred for this reason and being exempt from any liability if the goods had to be unloaded, destroyed, neutralized or rendered harmless, as required by circumstances and with no right to compensation.
  • The guarantees and obligations of the shipper included in the previous points are extended in the case of shipments to the USA. The shipper and/or Client are responsible for the requisites of prior information and documentation necessary for importation in said country that may be required by the authorities at any time, and will also answer for its accuracy and timeliness. Likewise, the shipper and/or Client will be liable for any expenses, damage and loss that may arise from any breach, and Transnet will not be responsible for the consequences derived from not having been able to inform the US Customs of the nature of the shipment with the prescribed notice or of failures in the import documentation. In the event of omission or insufficient information, the shipper and/or Client will also be liable for the damaged caused.
  • SOLAS container weight declaration. – The shipper guarantees the accuracy of the declaration of the content, weight and especially the certification of the container weight verification (VGM) as per the SOLAS Convention.
    The shipper will be liable and must compensate Transnet and hold them harmless against any loss, damage or expenses, including fees payable to lawyers, experts and other legal expenses that arise or may arise from faults, errors or inadequacies in the shipper’s and/or Client’s container weight declaration (VGM).
• LIABILITY
  • Transnet’s liability, both for contractual and extra-contractual claims, shall be subject to the national or international regulations and standards applicable to the service in which the damage occurs.
  • Unless otherwise agreed in each case, Transnet will not be responsible for compliance with instructions given after the issuance of the shipping or transport documents, as well as for any contingency derived from said subsequent instructions.
  • In no case shall Transnet’s liability be greater than that assumed by railway companies, shipping companies, airlines, road transport companies, warehouses, or any intermediary intervening in the course of transport, in accordance with the regulations and international conventions in force.
  • Under no circumstances will Transnet be liable for loss of profits, consequential, indirect, exemplary or punitive damages and Transnet will not be liable for any interruption in production, business or sale resulting from delay, loss, theft or damage to the goods. Τransnet shall not be liable for the actions, omissions, or performance of third-party providers, including but not limited to shipping lines, customs brokers, rail operators, port terminals, and warehousing companies, even when such parties are engaged directly or indirectly through Transnet. The Client acknowledges that these third-party services are essential to the execution of the transport and accepts the associated risks.
  • Transnet will not be liable for any errors in the labelling/declaration of value or similar made by the Client/ Shipper which tariff consequences may arise. The Client/ Shipper is the only responsible party for the correct labeling Client will respond to Transnet upon first request for the payment of the possible consequences of their error.
• LIMITATION OF LIABILITY
  • • Except insofar as otherwise provided by these Conditions, Transnet shall not be liable for any loss or damage whatsoever arising from: (i) the act or omission of the Customer or Owner or any person acting on their behalf, (ii) compliance with the instructions given to Transnet by the Customer, Owner or any other person entitled to given them, (iii) insufficiency of the packing or labelling of the goods except where such service has been provided by Transnet, (iv) handling, loading, stowage or unloading of the goods by the Customer or Owner or any person acting on their behalf, (v) inherent vice of the goods, (vi) riots, civil commotions, strikes, lockouts, stoppage or restraint of labor from whatsoever cause, (vii) fire, flood or storm, or (viii) any cause which the Transnet could not avoid and the consequences whereof it could not prevent by the exercise of reasonable diligence.
    • Where under sub-clause (a) above Transnet is not under any liability for loss or damage caused by one or more of the causes, events or occurrences above, Transnet shall only be liable to the extent that the causes, events or occurrences for which it is liable under these Conditions have contributed to the loss or damage. The burden of proof that the loss or damage was due to one or more of the causes, events or occurrences specified in sub-clause (a) above shall rest upon Transnet, save that when Transnet establishes that in the circumstances of the case, the loss or damage could be attributed to one or more of the causes, events or occurrences specified in (iii) to (vi) of sub-clause (a), it shall be presumed that it was so caused. The Customer shall, however, be entitled to prove that the loss or damage was not in fact caused wholly or partly by one of the causes, events or occurrences listed under sub-clause (a).
    • Transnet shall not be liable for loss or damage to property other than the goods themselves howsoever caused.
    • Transnet is not being liable at any level of the transportation for possible product chemical changes or quality downgrades. Product quality and characteristics are shipper’s responsibility and shipper takes all the liability of any discrepancy by the moment they accept to load the product on Transnet’s equipment.
  • If Transnet were liable for the damages resulting from the delay in delivery, or for any indirect loss or damage other than the loss or damage of the goods, their liability shall be limited to an amount not exceeding the equivalent of the transport price under the contract entered into with the Client.
  • The total accumulated responsibility of Transnet will not exceed the limits of responsibility for the total loss of the goods.
  • These limitations will apply to all claims directed against Transnet, regardless of whether the claim is based on contractual liability or non-contractual liability.
  • The Shipper has the obligation to issue Multimodal/Dangerous Goods Declaration for ADR/IMO loadings right after loading is completed.
  • Transnet shall not be liable for delays in the delivery of goods arising from events beyond its control, including but not limited to vessel scheduling changes, port congestion, rail delays, customs clearance procedures, strikes, or governmental inspections. The Client acknowledges that such delays are inherent to international transport and assumes the risk associated with them”.
• INSURANCE
  It is hereby stated that the contracting party of the service may request Transnet to issue an insurance contract to cover the total value of the goods, subject to the payment of the corresponding premium. In the case of goods that are special given their value or size, an expert appraisal will be required.
• PRICE OF CONTRACTED SERVICES
  • The transport and other services subject to Transnet’s activity are understood to be contracted in accordance with the rates in force at the time of the contract and within the limits set forth therein. If there are no rates established, the contracting will take place at the usual/market prices corresponding to the place where the contract is established. Any additional expenses incurred as a result of events or circumstances subsequent to the date of the contracting or, as the case may be, to the date of issuance of the shipping or transport documents, shall be borne by the Client, provided they are duly justified and are not due to the fault or negligence of the parties who have intervened in the provision of the contracted services.
  • Transnet has the right of lien and/or retention over the goods for all the amounts owed to them by virtue of the services entrusted to them by the Client and/or sender and/or recipient or the representatives of one or the other. They may enforce their rights by any means deemed appropriate and admissible under the laws of the place where the rights are exercised or, failing that, the place of dispatch of the goods or the place where these are to be delivered. If the goods are lost or destroyed, Transnet has the same aforementioned rights regarding compensation that must be met and/or paid by insurance companies, transport companies or others.
  • Regarding the deferment of payment of invoices, this will be limited to the term agreed in each case with the Client, and will be the prerogative of Transnet, and will not exceed the invoice due date of sixty (60) days from the date of the invoice or rendering of the service. However, this deferment may be cancelled/suspended unilaterally by Transnet if the client has exceeded the credit limit set by Transnet, or there are indications of the Client’s lack of liquidity, Transnet having the right to demand immediate payment for the removal of the goods. In the event of delayed payment beyond the agreed due date, Transnet reserves the right to apply default interest without prior notice. The applicable interest rate shall be the statutory rate under Greek law, or, if higher, 8% per annum above the European Central Bank’s base rate, unless otherwise agreed in writing. Interest shall accrue daily from the date payment was due until the date full payment is received. The application of interest does not preclude Transnet from seeking compensation for further damages arising from late payment.
  • The Client cannot compensate or refuse to pay for the services rendered at the due date of the invoices without the written consent of Transnet.
  • The Client is obliged to pay not only the price of the services contracted with Transnet, but also any additional duly justified expenses incurred during the transport. Specifically, any expenses incurred as a result of delays in the reception and/or removal of the container at the port of destination will be the joint and several liability of both the shipper and/or Client, and the recipient, before Transnet.
  • Transnet reserves the right to levy any demurrages incurred due to delays attributable to the Client. Client shall indemnify and hold Transnet harmless for any consequences arising from such delays.
• SUPPLIERS
  Notwithstanding the provisions of the clauses on the existing Contract between Transnet and the supplier, the latter undertakes to comply with the following obligations in the execution of the Contract:
  • (i)Be up to date in the payment of all fees, taxes, insurance, wages and, in general, in all social and labor obligations that correspond to them as a professional and/or employer, relieving Transnet from any responsibility regarding these matters, Transnet being able, at any time, to request from the Contractor proof of compliance with said obligations. In the event that the supplier does not prove compliance with their obligations, Transnet may terminate the contract and/or suspend the payment of their services until said proof is provided.
  • (ii)Perform their work in accordance with instructions received from Transnet.
  • (iii)Deliver the services within the established period and always keep Transnet informed as agreed without incurring delays.
  • (iv)Allow the examination, control and information of the service contracted by Transnet.
• NOTIFICATION AND LIMITATION
  • Actions for losses, breakdowns or delays cannot be exercised if, at the time of delivery of the respective shipments, the corresponding reservations have not been formalized. In the case of losses, breakdowns or delays in the material execution of the transport, any protests and reservations must be formulated under the terms and conditions indicated in the current regulations and in those established in the international Conventions that regulate the mode of transport in question.
  • All actions relating to the services provided by Transnet expire/terminate in the time period stipulated by the current regulations and, where appropriate, the international Conventions that regulate the different modes of transport, the limitation period starting on the basis of the provisions of each relevant regulation or Convention.
• CONFIDENTIALITY
  • Each party is obliged to treat any data and information not publically accessible as confidential and to use these exclusively for the purpose intended. Data and information may only be passed on to third parties, if it is needed for the execution of their duties. The same rules of confidentiality shall apply to electronic data and information.
  • The obligation to confidentiality does not apply for data and information that must be passed on to third parties, especially public authorities, due to legal obligations.
• PERSONAL DATA
  • Regarding the duty of information in the collection of personal data, the Client is informed that their personal data, provided in connection with the contractual relationship, will be included in Transnet’s records of processing activities, the purpose of which is the provision of services and the management of information requests. The data collected can be transferred to banks and financial entities for the collection of services contracted by the Client and to the public bodies and administrations that correspond by law.
  • Transnet represents and warrants it and all of its representatives will comply with any and all applicable laws and regulations (including but not limited to the E.U. General Data Protection Regulation “GDPR”) pertaining to the protection and use of “Personal Data”, defined as any information relating to an identified or identifiable natural person, and more generally, to take all the necessary steps with the relevant authorities pursuant to the provisions of local law and, as from its entry into force, to comply with all provisions incumbent upon it under the GDPR.
  • Transnet represents and warrants that it and its representatives: (i) have established and shall maintain appropriate technological and organizational security measures to protect against unauthorized access to any of Contracting Party’s Personal Data that they maintain or stores; (ii) shall not process Contracting Party’s Personal Data for any purpose other than the performance of their contractual obligation, if applicable; (iii) shall not disclose any of Contracting Party’s Personal Data to any person not authorized by the Contracting Party, except as necessary to comply with applicable laws, regulations and rules; (iv) will act solely on the written instructions of the Contracting Party in respect of all its Personal Data, unless otherwise prohibited by applicable laws, regulations and rules; (v) will promptly inform the Contracting Party in a timely manner of any confirmed security breach regarding disclosure of its Personal Data, complaint concerning disclosure, or other unauthorized use of its Personal Data; (vi) will delete or return all the Contracting Party’s Personal Data to themor after the end of the provision of services relating to processing, unless applicable legislation prevents Transnet from returning or destroying all or part of the processed Personal Data. In this case, Transnet shall guarantee the confidentiality of the processed Personal Data pursuant to the "Confidentiality" article hereof and shall no longer actively process said Personal Data and (vii) will make available to Contracting Party all information necessary to demonstrate compliance with the obligations under the E.U. General Data Protection Regulation.
  • The personal data provided will be kept by Transnet, while the business relationship is in force, or during the term of the contractual relationship. Once the business or contractual relationship is finalized, personal data will be blocked during the statutory limitation periods.
  • In accordance with the Regulation (EU) No. 2016/679, General Data Protection, Client can exercise, completely free of charge, the rights of access, information, rectification, deletion and to be forgotten, processing limitation, opposition, portability and to be no longer subject to automated individual decisions, by sending an e-mail to the email address: Αυτή η διεύθυνση Email προστατεύεται από τους αυτοματισμούς αποστολέων ανεπιθύμητων μηνυμάτων. Χρειάζεται να ενεργοποιήσετε τη JavaScript για να μπορέσετε να τη δείτε.…………….
• COMMUNICATION
  • Except when Transnet has granted its prior written authorization thereto, the Client shall refrain from communicating in whatever manner, on the existence of a business relationship between Transnet and the Client and/or about Transnet, its trademarks, logos or trade names. It is explicitly understood that Transnet shall retain exclusive ownership of all rights related to its logos / trade names and trademarks.
  • Each party is entitled to create, transmit and exchange statements and notices electronically, as long as the transmitting party can be identified. The transmitting party is responsible for loss and accuracy of the transmitted data. Each party is obliged to take the usual security and monitoring measures, in order to protect the electronic data exchange from unauthorized access by third parties and to prevent manipulation, loss or destruction of electronically transmitted data. Each party shall appoint one or more contact persons for the receipt of information, statements and enquiries concerning the contract and communicate their names and contact addresses to the other party. If a party should not appoint a contact person, the person who entered into the contract for that party shall be considered the contact person. Electronically or digitally created documents shall be considered equal to written documents.
  • In case of discrepancies between different language versions of these General Terms and Conditions, the English version shall prevail.
• FORCE MAJEURE
  Each Party shall immediately inform the other Party with confirmation by a written notice at the latest within five (5) calendar days following the occurrence of a force majeure event preventing it from carrying out its obligations under the contractual documents. The obligations which cannot be met due to the occurrence of a force majeure event shall be suspended throughout the period of said event. The Party claiming the force majeure event shall take all steps to limit the harmful consequences of said event for the other Party. For the purposes of this GTC, only an event which simultaneously satisfies the criteria hereafter shall be considered as a force majeure event: a) said event must be beyond the control of the affected Party; b) said event could not have been reasonably foreseen upon placing of the order of service; c) the effects of said event cannot be avoided by the appropriate steps and; d) said event prevents the affected Party from fulfilling its obligations.
• INVALIDITY/JURISDICTION
  • Should any of the terms of the contract be void, all the remaining terms and provisions of this Agreement shall remain in full force and effect but the said term, which shall be supplemented in accordance with good faith, fair dealing, the spirit of the contract and the law.
  • All terms herein are agreed upon as substantial and any amendment thereof shall be made and proven only in writing and shall apply as expressly provided therein and contain the new term as such.
  • This contract is governed and construed in accordance with Greek Law.
  • Any dispute arising out of this contract between the contracting parties shall fall within the exclusive jurisdiction of the Courts of Piraeus. Before initiating legal proceedings, the Parties agree to attempt resolution through good-faith negotiations. If no resolution is achieved within thirty (30) days, the matter shall be referred to the competent courts of Piraeus.