GENERAL TERMS AND CONDITIONS FOR STORAGE
HONEST LOGISTICS LTD
I. DEFINITIONS
„HONEST LOGISTICS“ or „Operator” or „Contractor“ means HONEST LOGISTICS EOOD, which is tasked with providing services for the transport, storage, handling and documentation of goods/cargo, in accordance with these General Terms and Conditions.
„Client“ or „Client“ any person, on whose behalf and for whose account the Operator is instructed to carry out transactions and services in accordance with these General Terms and Conditions.
„Owner“ (on goods or cargo) means any person entitled to dispose of the goods or cargo.
„Stok“ or „Product“ means the subject of the services and related transactions, as per the request and these General Terms and Conditions. The container, packaging, or protective equipment of the load used during the transport service shall also be treated as „Goods“ or „Cargo“.
„Dangerous Goods“ a substance, the storage, handling or transport of which is regulated as risky by Bulgarian legislation or by applicable international regulations.
„Warehouse“ any area (open or enclosed, sheltered or unsheltered from the elements) where the Operator performs its services, as described in these General Terms and Conditions, regardless of whether the area is owned by the Operator or is used by it under a contract.
„Manipulation“ means the physical operations organised or carried out by the Operator with the goods, including: unloading, loading, stacking, restacking, weighing, sorting, unpacking, packing and repacking, securing and bracing, counting, marking, labelling, customs clearance, customs clearance, assembly, adjustment of goods and other similar operations.
„Instructions“ means all general and specific requirements that the Client has unequivocally requested, and the Operator has accepted for execution. An exception are instructions related to the transfer of goods at the disposal of a third party, which cannot be rescinded once this third party has exercised its right of disposal.
„Unforeseeable circumstances (Force majeure)” will be in force if, after the conclusion of the contract, an unforeseen or unavoidable event of an extraordinary nature arises, which is causally linked to the inability of HONEST LOGISTICS or the Client to fulfil their obligation under the contract, such as: natural disasters (heavy rain, floods, snowdrifts, blizzards, hail, earthquakes, landslides, fire, etc.); blockades (of roads, borders, etc.); industrial accidents; wars; government bans; strikes, etc.
„Reasonable period” – a period of time which, according to generally accepted practice, is necessary and sufficient for the performance of certain tasks, commitments or events, or another period agreed between the parties.
„Silent refusal” – a period of twenty working days, from the moment a request, warning, inquiry etc. is received, and no action has been taken.
II. SUBJECT MATTER
1. These General Terms and Conditions govern the conditions and procedure by which the Operator provides services and related transactions for the carriage, storage, handling, and document processing of goods, the type and extent of the parties' liability, the procedure for acceptance and handover of goods, the procedure for lodging claims, and the procedure and method for dispute resolution, regardless of whether they are carried out:
a. for consideration or gratuitously;
b. by express or implied agreement or assignment;
c. as a standalone service or as part of another service;
d. upon request from the Contracting Authority, the Owner, or other interested parties.
III. FIELD OF APPLICATION
2. These General Terms and Conditions are binding for HONEST LOGISTICS and the Clients, and by submitting/accepting an order or signing a contract, the Client declares that they are acquainted with them and accepts them.
3. The parties may agree on additional and/or other terms for the provision of warehousing services, for which they shall conclude an individual contract.
IV. RIGHTS AND OBLIGATIONS OF THE CONTRACTING AUTHORITY
4. By submitting an application for the performance of a given activity or service to the Operator, the Client is deemed to declare the following:
a. is the owner of the right to dispose of the goods and is aware of and accepts these General Terms and Conditions;
b. that it has the necessary information regarding the transactions for which it engages the Operator's services, including the conditions for delivery and storage of the goods;
c. that it knows the goods and their qualities and their written description is fully and accurately presented to the Operator;
d. that the goods are not subject to transactions prohibited by Bulgarian legislation or applicable international acts;
e. that the goods are suitably prepared, packed and marked for the purposes for which they are handed over to the Operator (unless such activities are the Operator's contractual obligation);
f. that they agree, in the absence of specific instructions from the customer, for the Operator to handle and store the goods in the usual manner at their discretion;
g. that the indicated content and special characteristics of the goods (weight, volume, packaging, possibility of loading on the goods, hazard class, temperature regime, storage conditions and others) in the order, bill of lading, warehouse receipt or other relevant document, indicated by him or his representative or employee, is accurate, true and exhaustive. In case of incorrect or incomplete data, the Client bears full responsibility for any sanctions, criminal proceedings and others that may arise;
h. Operator agrees to the processing of data provided by him, respectively his representatives or employees (name, personal identification number, identity document number, place and date of issue thereof), by which they can be identified during the performance of the assigned activity, transaction or service, in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679 (GDPR) and the Personal Data Protection Act.
5. In the event of an expected increase in the initially requested pallet spaces by more than 30% (thirty per cent), the Client undertakes to notify the Operator in writing as soon as possible, but no later than 14 (fourteen) days before the event takes place, and to obtain written confirmation from the Operator accordingly. Failing this, the Operator shall be entitled to refuse acceptance of the additional goods, and the Client shall release the Operator from liability for penalties and claims.
6. In the event of an expected reduction in the initially requested pallet spaces by more than 30% (thirty per cent), the Contracting Authority undertakes to notify the Operator in writing as soon as possible, but no later than 14 (fourteen) days before the event occurs. Otherwise, the Client shall pay for the pallet spaces used during the month in which the reduction in pallet spaces occurred, at a rate of 15% (fifteen per cent) of the standard price.
7. The Contracting Authority undertakes to pay HONEST LOGISTICS the remuneration agreed in the contract or order for the transactions or services performed.
8. Under no circumstances shall the Client be entitled to withhold or set off amounts owed to HONEST LOGISTICS without the express written consent of the latter.
V. OPERATOR'S RIGHTS AND OBLIGATIONS
9. HONEST LOGISTICS has the right to receive the remuneration agreed in the contract or order for the transactions or services performed.
10. HONEST LOGISTICS has the right to deviate from the Client's instructions if it is necessary to protect the Client's interests and/or to preserve goods belonging to other Clients in the warehouse, and/or the health and life of the Operator's employees, and/or to comply with the requirements of authorities and/or to impede the normal operation of the warehouse.
11. HONEST LOGISTICS has a right of retention/pledge over the goods and their accompanying documents as security for the payment of any other sum due to it, in accordance with the request and these General Terms and Conditions, including the costs of remedying damages caused to the goods. This right of retention/pledge may be exercised not only in the event of non-payment for a specific transaction or service, but also with regard to any obligations existing at any time, including those under other contracts.
12. HONEST LOGISTICS reserves the right to periodically review and update the agreed prices, for which it will notify the Client with prior notice or by publication on its website, no later than 10 (ten) days before the new prices come into effect. In the event that the Client does not object within this period, it signifies their agreement with the updated prices.
The Operator undertakes to provide suitable premises, with storage conditions previously agreed and approved by the Client, and comprehensive service for the activities under these General Terms and Conditions.
14. The Operator undertakes to perform its obligations with the care of a good merchant under the terms of these General Terms and Conditions and in accordance with the applicable regulatory provisions.
Unless otherwise agreed in the request, the packaging, loading and unloading of the goods are not the responsibility of HONEST LOGISTICS, and the latter is not liable for damage to the goods during their loading or unloading, or due to a lack of, poor or inadequate packaging of the goods.
16. If, upon conclusion of a contract or order, HONEST LOGISTICS becomes aware of circumstances which, in its opinion, prevent the fulfilment of its contractual obligations, it shall inform the Client and request further instructions from them.
17. The Operator shall not be entitled to dispose of goods entrusted to them without the consent of the Principal, except as provided for in these General Terms and Conditions.
18. Acting in its own name and on its own behalf, HONEST LOGISTICS has the right to perform its obligations under these General Terms and Conditions directly or through a third party – a subcontractor.
VI. ACCESS TO THE WAREHOUSE
19. Access to the warehouse and any actions with the goods shall be carried out by the Principal and/or the Owner only with the consent of the Operator and in the presence of their representative.
The Client/Owner shall be liable for all damages caused to the Operator's property and to third parties' property by vehicles, machinery, and personnel of the Client/Owner and/or third parties acting on behalf of the Client/Owner.
21. In the event of faultless behaviour by the Employer/Owner, the latter shall compensate the Operator in the following cases:
for all taxes, duties, fees, fines, and damages to authorities, paid or incurred by the Operator during the execution of the request;
b. for claims brought against the Operator by third parties, where these claims concern the Contractor's goods and the Operator's services, and the value of the claims exceeds the Operator's liability under these General Terms and Conditions.
The obligation defined in point 11 shall be cancelled only if the due compensation is explicitly included in the Operator's contractual remuneration, or if the damages and costs arise from culpable conduct of the Operator.
23. The Client’s and the Owner’s obligations to the Operator cannot be waived by giving notice that the order is placed on behalf of and/or carried out at the expense of a third party.
24. The Client undertakes not to bring claims engaging the Operator's liability under these General Terms and Conditions against its employees or authorised representatives, but only and exclusively against the Operator as a legal entity. Exceptions are permitted only with the express written consent of the Operator.
VII. RECEIPT OF GOODS INTO WAREHOUSE
25. The operator accepts the goods according to the documents and external signs (number of packages, type and condition of packaging), without being liable for the contents of the packages.
26. Goods shall be deemed accepted by the Operator when the Contractor (or a person acting on their behalf) hands over the goods to a person acting on behalf of the Operator, provided that the handover is carried out in accordance with the Operator's instructions and the Operator issues a warehouse receipt (or other substitute document) for the accepted goods.
27. A separate warehouse receipt (or other substitute document) shall be issued for each batch of goods, confirming the acceptance of the goods for safekeeping.
28. The consignment note (or other replacement document) shall contain at least the following information:
number of packages;
– weight;
Package parameters.
29. The weight, content and value stated in the warehouse receipt (or other substitute document) are declared by the Client, and the latter bears the risk of any declared inaccurate, incorrect or incomplete data. Commercial and transport documents accompanying the goods are considered equivalent to such a declaration.
30. The operator has the right (but not the obligation) to record in the warehouse receipt their findings regarding defects of the goods and/or their packaging.
Unless otherwise agreed, the warehouse receipt shall be issued in the name of the Principal with whom the warehousing agreement is concluded.
32. If bilateral acceptance protocols are drawn up upon acceptance of goods, the latter shall be considered a substitute for the warehouse receipt.
Unless otherwise agreed, the storage of goods before, during and after carriage organised by the Operator, in cases where such carriage constitutes a material part of the Operator's transaction or service, shall be subject to these General Terms and Conditions.
The Operator is not obliged to make nor accept declarations binding him regarding the weight, contents, value and condition of the goods. A warehouse receipt (or other substitute document) issued by the Operator for the acceptance of goods is not proof of the accuracy of this data. An exception to this rule is permitted only if there is an agreement with the Principal, and also if the latter requests and pays for the verification of this data. The result of the verification is documented and binding on the Operator, but even in this case, the Operator does not act as an „expert“.
35. The Operator has the right (but not the obligation) to inspect the contents and weight of the goods, and if any discrepancies are found compared to what has been declared, to hold the Client liable for all resulting costs and potential damages.
The operator does not accept incoming goods with cash on delivery.
37. The Operator is obliged to inspect, maintain the condition of, and repair the goods and their packaging only by express written agreement with the Client and in return for an agreed separate remuneration.
When the goods arrive at the Operator in a visibly damaged state, they are obliged to ascertain the damage, notify the Client and preserve their recourse rights against the supplier of the goods.
39. The measurement, sorting, marking, labelling, packing and repacking of goods shall be carried out by the Operator only upon express agreement or order and against separate remuneration.
The operator maintains electronic material records that prove circumstances relevant to the acceptance, storage and transfer of goods.
VIII. STORAGE OF GOODS IN THE WAREHOUSE
41. In accordance with its obligations, the Operator shall have the freedom to choose the means, technologies and procedures it uses in handling and storing the accepted goods.
42. The Principal has the right to inspect the Operator's warehouse and to raise a written objection regarding the handling and storage of their goods. If the Principal does not exercise this right, it shall be deemed to have agreed to the conditions in the warehouse, and the handling, arrangement, and storage of their goods. In this case,
43. The Operator shall be liable for damages resulting from improper handling, arrangement and storage of goods only to the extent that culpable conduct on the part of the Operator and its employees can be proven.
Unless expressly agreed otherwise, the Operator shall have no obligation to handle and store the Customer's goods separately from other goods in the warehouse.
45. Notifications properly sent by the Operator regarding the goods, in the event of damage to them (including by email), shall be considered sufficient proof in cases of complaints and claims.
46. Notwithstanding the agreed deadlines, the Operator has the right to terminate the storage of goods if it is established that the goods endanger personnel, their property or other goods, or if the goods have perished or are spoiled – with one week's notice.
IX. PROHIBITED ITEMS AND SUBSTANCES FOR STORAGE
47. The client has no right to place substances and objects prohibited by law and international acts to which the Republic of Bulgaria is a party into the goods delivered to HONEST LOGISTICS (e.g.: gold, banknotes, coins, precious stones, jewellery, antiques, works of art, securities, tobacco products, concentrated alcoholic beverages, personal luggage, mobile phones).
48. If the Client engages the Operator for transactions or services related to the above-mentioned goods without an individual contract being concluded, the Operator is released from any liability arising from these transactions or services.
49. If prohibited items or substances are suspected within the goods, HONEST LOGISTICS requires the Customer's consent to carry out an inspection upon receipt. If the Customer refuses, the goods will not be accepted.
50. When there are sufficient grounds to believe that stored goods contain prohibited items or substances, HONEST LOGISTICS requires written consent from the Client for its opening. In case of refusal or lack of response within 24 hours, HONEST LOGISTICS has the right to notify the relevant control authorities.
X. SPECIFIC CONDITIONS. GOODS WITH SPECIAL PROPERTIES
51. Goods with special properties are goods that meet at least one of the following criteria:
– oversized, heavy or perishable goods;
– represent a danger to human health and life, property or the environment;
– require special procedures and equipment for their handling or storage.
Such goods are accepted by the Operator only in licensed warehouses and by express agreement, based on a declaration by the Principal regarding the special properties and/or special handling and storage regime of these goods. In the absence of such a declaration by the Principal, the latter shall be liable for all resulting costs and damages, even where there is no culpable conduct on their part.
53. When transporting dangerous goods (ADR), in addition to the obligations in the previous point, the Client is obliged to:
– declare the class of danger and UN number and hand over the goods packed and labelled in accordance with applicable legislation;
– Provided written instructions (including the Shipper's Declaration for Dangerous Goods) regarding the nature of the hazard and the preventive measures for its storage, handling, and transport, as well as measures to be taken in case of an incident involving the dangerous goods, including assistance to be rendered to persons who have come into contact with the goods or substances released from them.
54. The Operator may at any time render harmless or destroy goods that pose an immediate danger to human health and life, property or the environment. The Operator is obliged to make reasonable efforts to notify the Client/Owner in advance of their actions, except in the case of an emergency. If the Client has not complied with the requirements of the preceding point, the Operator shall not owe any compensation.
XI. GOODS UNDER A CUSTOMS REGIME
55. The client is obliged to declare in advance the customs regime under which they are transferring the goods to the Operator, as well as to provide all necessary data and documents for customs clearance and servicing of the goods.
The Client/Owner is obliged to notify the Operator no later than two days before the handover of the goods regarding all public liabilities (including customs duties, taxes, excise duties, fees, fines, etc.). All fees and expenses related to the customs clearance of the goods shall be borne by the Client/Owner, unless otherwise agreed.
The Operator is obliged to perform their duties lawfully and in the event of a conflict with the instructions of the Client/Owner which would lead to customs violations, they have the right not to comply with them.
58. Upon receipt/handover of goods, the Operator may carry out their customs clearance/processing, in compliance with the conditions of the applicable regulatory provisions.
Unless expressly agreed otherwise, for customs clearance in the Republic of Bulgaria, the Operator acts as a direct representative of the Client/Owner within the meaning of the Customs Act and its Implementing Regulations.
60. In all cases, the Operator shall carry out customs clearance/service based on the documents/declarations accompanying the goods provided by the Client/Owner or their representatives and authorised persons, and shall not be held responsible for the accuracy of these documents/declarations. The responsibility for any discrepancies in the data shall be borne jointly and severally by the Client/Owner and their representatives and authorised persons, both towards the customs authorities and regarding any damages incurred by the Operator.
61. The instruction to accept/transfer goods under customs control also includes the Operator's authority to carry out the necessary customs formalities.
Unless expressly agreed otherwise, the Operator shall be entitled to require the Client/Goods Owner to pay in advance or secure the customs duties, taxes and fees due.
63. The operator is entitled to separate remuneration for organising customs clearance or for paying/securing part or all of the customs and tax duties, even when such remuneration has not been agreed in advance.
XII. HANDOVER OF GOODS FROM THE WAREHOUSE
64. The handover of goods from the warehouse shall be effected against the original copy of the warehouse receipt (or the document replacing it, issued upon acceptance of the goods) in the order in which the goods were accepted into the warehouse. Upon presentation of the original copy of the warehouse receipt, the Operator shall be entitled to hand over the goods without being obliged to verify the authorisation, identity and legal rights over the goods of the bearer of the original.
All instructions for the handover of goods subject to specific conditions (e.g. upon payment or against a specific document) are considered fulfilled by the Operator only in their capacity as an agent of the Principal/Owner, to the extent that third parties are required to comply with these instructions.
66. When goods are transferred from the warehouse, the provisions of Section VII and subsequent sections (Acceptance of Goods into the Warehouse) shall apply subsidiarily.
XIII. PRICE. INSTRUCTIONS. PAYMENT METHOD. PENALTIES
67. The price of services is offered by the Operator in the form of a quotation, which has a period of validity.
68. In the event of changes to the cost of services which are beyond the Operator's control, the Operator is entitled to change its offers and prices with prior notice given to the Client 10 days before they come into effect. If the Client does not object within the same period, the new prices will come into effect.
The prices given in the Operator's offer and individual contracts concluded by them include only explicitly listed activities and services and, unless otherwise agreed, relate to standard safe goods of normal dimensions and weight and in normal condition, which do not require special conditions and a special regime for storage and handling.
The Operator may request reimbursement of additional expenses incurred by the Contracting Authority that are not included in the proposed price, provided that the Operator has notified the Contracting Authority of their existence.
71. Implementation of The Operator's accepted offers by the Client/Principal shall commence within a reasonable period after receipt of the specific request with all the data and instructions necessary for proper performance.
The Client/Principal shall be responsible for all consequences arising from the submission of an incomplete or inaccurate application.
The operator may refuse to fulfil an accepted request if they have reasonable grounds to believe that payment of their costs and remuneration is not secured.
74. If the Client/Customer cancels a confirmed order, the Operator is entitled to remuneration corresponding to the expenses incurred, unless it is proven that the order was cancelled due to the Operator's fault.
75. Instructions given by the Client to unauthorised persons are void and the Operator shall not be liable for losses and damages incurred due to their non-compliance or due to the execution of oral instructions that have not been confirmed in writing.
76. Services performed under these General Terms and Conditions shall be paid for by the Client within the deadlines stipulated in individual agreements or orders. If not paid in advance or if no deadline is specified, payment shall be due within 7 days of the invoice date.
Regardless of what is agreed in the previous point, all sums shall become due upon the Operator’s handover of the goods.
The Contracting Authority gives its express consent that all documents, including invoices, bills of lading, warehouse receipts, etc., may also be received electronically, at the e-mail addresses indicated in the Order or the individual contract. The Contracting Authority undertakes to strictly monitor, as well as to return confirmation electronically for the documents, papers, and invoices received, within 7 days of their receipt. In the event that the Contracting Authority does not send confirmation within the specified period, it shall be deemed to have duly received the relevant document or invoice.
79. The Contracting Authority shall pay remuneration to HONEST LOGISTICS in the amount and within the deadlines specified in the Request under these general terms and conditions or in an individually concluded contract.
80. In the event of a delay in payment of the remuneration due from the Contracting Authority to the Operator, the Client shall be liable to pay a penalty amounting to 1 % (one per cent) of the value of the sum due, but not exceeding 20 % (twenty) per cent.
XIV. RIGHT OF RETENTION
81. To secure its claims, whether due or not, the Operator has an unconditional and irrevocable right of retention over the goods and commodity documents that are the subject of the claim.
82. This right also extends to all other goods and sums of money at the Operator's disposal, which are owned by, or at the disposal and possession of, the defaulting debtor.
Dispositional transactions and legal actions concerning the detained property cannot be asserted against the Operator or prejudice its right of lien.
84. Should the obligations not be paid within 30 days of the debtor being notified, the Operator may exercise its right to dispose of its goods, and these may be realised at the Operator's discretion. For perishable goods, the period referred to in the preceding sentence shall be 3 days.
85. In the cases under the preceding point, the Operator shall not be liable for the lower price upon the realisation of the goods, nor for other losses and damages of the Client/Owner, nor for claims of third parties who have a legal interest with regard to the sold goods.
The Operator may satisfy its claims from the net proceeds of the sale, whereby the Debtor is not released from liability for outstanding obligations to the Operator. Any amounts exceeding the Operator's claims shall be transferred to the Customer's/Owner's bank account.
XV. INSURANCE
87. The Operator has the right to insure the accepted goods in the name and at the expense of the Principal, upon explicit request from the latter.
88. The insurance of the goods under the preceding point shall be effected only for the value and risks expressly specified by the Client to be covered.
89. When concluding insurance in his own name and at the Client's expense, the Operator does not have the rights of an insured party and is not liable as an insurer.
The contracting authority has no right of claim against HONEST LOGISTICS under the concluded insurance, except for error or gross negligence.
91. In the event of insured occurrences, it shall be presumed that the Operator has fulfilled its obligations by taking reasonable measures to limit damages, preserve the interests of the Client/Owner, as well as their rights under the insurance.
XVI. LIABILITY
92. HONEST LOGISTICS's liability shall be undertaken, limited, excluded or terminated in the manner and to the extent determined by these General Terms and Conditions.
93. The Operator shall be liable for damages proven by the Principal in terms of basis, type, and amount, arising from shortages and damages that occurred during the period from the acceptance to the handover of the goods.
94. HONEST LOGISTICS shall not be liable for any damages or loss of profit (including but not limited to unrealised income and profits, loss of markets, reputation, etc.) incurred in connection with the loss, damage, delay, incorrect (erroneous) delivery or non-delivery of cargo to the Client, for reasons for which HONEST LOGISTICS is not liable according to these General Terms and Conditions. In particular, in case of loss or damage of part of the goods, rendering the remainder unusable for its intended purpose, the Operator shall only be liable for the damage to the specific part.
95. In cases of hidden defects and damages that cannot be ascertained by an external inspection of the goods upon their acceptance into and handover from the warehouse, it shall be deemed that the damages occurred prior to the Operator's acceptance of the goods. This applies to both packaged and unpackaged goods.
96. When the damage from loss and damage to the goods has resulted from the execution of the Client's instructions, their actions or inactions.
97. When damage from loss and damage to the goods has arisen as a result of a lack of documented instructions from the Client, when the nature of the goods requires such instructions.
98. When the damage from loss and damage to the goods has resulted from inappropriate, insufficient or absent packaging.
When the loss or damage to the goods has resulted from the inherent properties of the goods themselves or the materials from which they are made;
100. When losses from shortages and damages to the goods have resulted from the action of rodents, worms, moths, mould, and other parasites and pests.
101. When damages from loss and damage to goods have resulted from the normal aging of the goods, biological and physicochemical processes normally occurring in the goods.
102. When damage from loss and damage to the goods has resulted from sharp changes in temperature, drying, dampness or condensation of moisture in a warehouse without special temperature and/or humidity regulation (unless it has been expressly agreed that the goods are to be stored in a warehouse with temperature and/or humidity regulation).
103. When the damage from shortages and losses of goods has arisen as a result of other atmospheric influences and their consequences while storing the goods in a warehouse not protected from these influences, with the Customer's consent.
104. In the event of force majeure circumstances, which the Operator could not foresee and/or the consequences of which the Operator could not prevent with the diligence of a good manager.
105. When the compensation paid by the Operator is equal to the actual value of the goods, the Customer is obliged to transfer ownership of the goods to the Operator and all rights that the Customer/Owner has against third parties in relation to the goods.
XVII. PROCEDURE FOR LODGING CLAIMS AND COMPENSATION
The Client has the right to file a written claim for damages due to shortages and defects in goods. The claim must be substantiated in terms of its grounds, type, and amount, and accompanied by the necessary evidence within 7 days of the Recipient receiving the goods, if the damage is noted on the goods receipt. If the damage is discovered during an inventory, the claimant has 14 days to file. In the case of a complete shortage, the time limit begins to run from the date the goods should have been delivered to the Recipient/Client.
107. If the deadlines and procedures in the previous point are not adhered to, it shall be presumed that the damage occurred after the delivery of the goods by the Operator.
108. HONEST LOGISTICS shall consider claims lodged in accordance with these General Terms and Conditions to be duly lodged only when all sums payable to HONEST LOGISTICS for services rendered have been paid without delay or set-off, relating to the acceptance, carriage and delivery of the cargo, and when the necessary documents proving the grounds and value of the damages incurred have been provided to it.
109. If the above provisions are not complied with, and also when the injured party has, through their actions or omissions, frustrated the possibility of holding the Insurer liable and/or of making a recourse claim against other liable third parties, the Operator may reject the claim without needing further argument.
110. The time limit for considering and responding to each properly submitted and complete claim is 30 days from the date of submission of all necessary documents establishing the claim in terms of grounds, type, and amount. In the event of incomplete data submitted in the claim, the time limit shall be extended by the time required to clarify the missing information.
111. The period for paying compensation, if the claim is deemed well-founded, is 30 days from the date of the official response of HONEST LOGISTICS.
The time limit in point 110 shall be interrupted by the commencement of legal action against HONEST LOGISTICS in relation to the damages caused.
113. The goods are deemed to have been handed over in the condition in which they were received by HONEST LOGISTICS, unless the Client objects.
114. The objection is valid if it is made at the time of the goods’ delivery and is recorded on the warehouse receipt /other document replacing it and/or a statement of facts/ for visible complete and/or partial damage.
115. Damages incurred must be proven by documents from the relevant officials, certifying the condition of the goods /e.g. a record of findings for missing/damaged contents drawn up during the handover of the goods by a HONEST LOGISTICS employee in the presence of the Client.
116. Claims for damages will only be considered by HONEST LOGISTICS if the requirements of these General Terms and Conditions have been met and if the contents and original packaging of the goods are present and HONEST LOGISTICS can inspect their condition.
117. In the event of force majeure circumstances arising during the provision of services, such as customs formalities, payment of duties and customs fees, and others related to the customs regulations of the receiving country, the deadline for the delivery of goods shall be extended by the number of days the cargo has been held by the customs authorities.
XVIII. DISPUTE RESOLUTION PROCEDURE AND OTHER TERMS
118. HONEST LOGISTICS has the right to inform all business associations of the Client's non-fulfilment of obligations under the contract, for which the Client, after an official warning from HONEST LOGISTICS, does not take measures to fulfil them within a reasonable period or refuses to fulfil them, including silent refusal.
119. The Parties shall resolve disputes arising from the execution thereof through mutual understanding and compromise.
120. If an agreement cannot be reached, either party may refer the dispute for resolution to the competent Bulgarian court.
121. For matters not regulated by these General Terms and Conditions, the provisions of the legislation in force in the Republic of Bulgaria and international acts to which the Republic of Bulgaria is a party shall apply.
These Terms and Conditions are effective from ………………