The following rules determine the terms and conditions of the freight forwarder to be carried out by the TAR-SHA ULUSLARARASI LOJİSTİK HİZMETLERİ TİC.LTD (“TAR-SHA”) which is located at İşçi Blokları Regnum Sky Tower Kat.20 No.77 Çukurambar Çankaya Ankara under this contract.
1.1. Services within the scope of this agreement are the transportation of the goods (by sea, road, air and railway) and its organization, delivery of the goods from the seller and delivery to the buyer, storage of the goods, consolidation and/or separation of the consolidated goods, preparation of the packaging, customs services, export and import documents or assistance with the necessary documentation, delivery and distribution organization and consultancy services. The services specified herein and the services to be rendered outside the scope of the article will be determined by the additional protocol, proposal text and proforma invoice and all these additional texts are deemed to be integral part of this terms and conditions.
1.2. All rights, responsibilities and disputes arising between the parties shall be governed by this agreement.
• The Freight Forwarder is a body or bodies corporate having concluded an agreement with a customer with respect to freight forwarding services.
• The carrier is a body or bodies corporate actually performing the carriage of the cargo with its own means of transportation or assuming expressly or impliedly the responsibility for the transportation of the cargo (contractual cargo).
• The Customer is a body or bodies corporate assuming rights and liabilities under a freight forwarding service contract entered into with a Freight Forwarder or as a result of activities related to such services.
• The Goods mean any goods including live animals and plants, and any container, pallet or similar transport device or packaging material not provided by the freight forwarder.
• The term mandatory shall mean any legislative regulation hat cannot be modified at the will of any party.
• The term in writing shall include any document that is conveyed via telegram and fax as well as electronic means such as e-mail. The valuable goods are ingot or processed gold, coin or banknote, securities, precious Stones, jewellery, antiques, paintings, art crafts and the like.
• The dangerous goods are cargos classified as a hazardous substance by national law or International Conventions.
• Delay means any delay in performing the carriage within the agreed time allotted thereto or if no time limit is agreed upon, within a reasonable period.
3. METHOD OF TRANSPORT AND LOADING INSTRUCTIONS
3.1. TAR-SHA shall render its services in compliance with the instructions of the Customer’s offer or the protocol; if any instructions are incorrect, incomplete or contrary to this agreement’s provisions, then TAR-SHA may act at its own discretion, all related costs and risks are for the account of the Customer. TAR-SHA is entitled to enforce the sale of the cargo in the eventuality of any depreciation or any risk of harm to humans or to the environment. In such cases, TAR-SHA shall have priority for the collection of the freight, sales costs and other reasonable expenses incurred and the remainder shall be rendered to the Customer.
3.2. Instructions, explications, and notifications pertaining to loading or any subsequent modification thereto shall be in writing. The burden of proof with regard to the accuracy and non-ambiguity of the instructions remains with the party alleging the contrary.
The Customer shall include in its instructions to TAR-SHA all the details necessary to perform the carriage such as the address, package number, amount, package type and content, and characteristics of the goods. In the case of hazardous substances, the Customer shall notify TAR-SHA of the risks associated with the cargo and necessary precautions to be taken. In the event that the risk code of the cargo is defined by international custom and practice and regulation, the Customer shall notify TAR-SHA of such Code. However, TAR-SHA shall have no obligation to check the accuracy of such information provided by the Customer.
4. HINDERANCES TO THE PERFORMANCE OF THE FREIGHT FORWARDER
If the performance of TAR-SHA’s obligations becomes impossible or is hindered because of any obstruction or risk which is not attributable to TAR-SHA’s fault or negligence and which cannot be prevented with reasonable care, then TAR-SHA:
a) may discontinue the transport of the cargo and if the later occurs, shall forthwith notify the Customer of the situation in writing. If possible, shall hold the whole cargo or any part sole discretion. At such place, the cargo shall be deemed delivered to the Customer and the responsibility of TAR-SHA shall expire.
b) Shall reserve the right to change the method of transport, the period and route and request payment of freight and relevant additional costs. If no written instruction is received within 48 hours after the notification to the Customer, then article 4.a. shall apply.
5. TAR-SHA’S OBLIGATIONS AND RESPONSIBILITIES
TAR-SHA is obliged to show due diligence and take all necessary measures in providing freight forwarding services.
6. CUSTOMER’S OBLIGATIONS AND RESPONSABILITIES
6.1. The Customer shall be liable against TAR-SHA for any damage and expense and official charges caused as a result of incomplete or incorrect information or incorrect instructions given to the TAR-SHA or to other persons for whose acts TAR-SHA is liable, and for the delivery of goods causing death, injury, environmental damage, property damage or any other kind of damage or loss whatsoever.
6.2. If the losses and damages arising from the responsibility of the carrier are covered by TAR-SHA, it reserves the right to recourse to Customer.
7. FORCE MAJEURE
7.1. In case of extreme weather conditions, fire, piracy, war, terrorism and/or theft during the transportation, TAR-SHA will inform the Customer in a reasonable time.
7.2. TAR-SHA will not be liable for disruptions in transport activities due to extraordinary weather conditions, fire, privacy, war, terrorism or theft
8. AGREEMENT PRICE AND PAYMENT CONDITIONS
8.1. Invoices issued by TAR-SHA and sent to Customer will be paid within 30 days. The currency in which the invoices are to be issued, the bank to which the payments are made or in which currency to make the payments are determined at the stage of bidding between parties. The principals regarding the payment accepted in the proposal/offer phase will be taken into consideration.
8.2. Invoices costs will be paid to TAR-SHA’s mentioned bank account on the proforma/invoice or the offer letter. If the subject of the transportation is damaged or lost, the agreement will not be refunded.
8.3 Interest shall be calculated if the invoices are not paid on the payment date.
TAR-SHA has the right to unilaterally terminate the agreement immediately if the contractual obligations cannot be fulfilled due to incomplete and incorrect information given by the CUSTOMER. In the case the agreement is terminated in this way, all costs and payments made by TAR-SHA will be requested from the Customer. The Customer accepts and undertakes to make payments without any sanctions and/or legal decisions.
10. DISPUTE RESOLUTIONS
10.1. Any dispute, which may arise with respect to this agreement, shall be resolved in by the law of Republic of Turkey by the Courts of Ankara
10.2. In the case of disputes arising out of this agreement, Turkish Law shall apply.