1.Scope of Application
These general terms of use replace the previous general terms of use of SWF and apply to all tasks for SWF. However, this excludes cases explicitly agreed upon in writing or explicitly stated in these general terms of use. All tasks are performed according to the following:
• Specific agreed-upon terms
• Service-specific terms of use
• These general terms of use
In case of any contradiction among these provisions, the above priority order will apply. In the event of any conflict between the expressions of the English version and any version other than English of the General Terms of Use, the English version shall prevail.
In these terms of use, if the customer appoints a third party as their agent and fulfils obligations and responsibilities set forth in the general terms of use, the customer is responsible for the actions of that third party. SWF will not assume any responsibility for such third-party actions or performance unless explicitly taking on such responsibility. Even if the customer uses a third party to fulfil specific obligations stipulated in the general terms of use, the customer is ultimately responsible for the actions and results of that third party. The responsibility of SWF is limited to the scope explicitly defined in the general terms of use and does not extend to third parties unless explicitly stated.
2.Definitions and Headings
2.1 Definitions
In relation to these general terms of use and contract, the following words and expressions shall have the following meanings:
SWF: In this contract, SWF is deemed to refer to any corporate entity constituting the SWF GROUP LTD (a UK corporation) or the SWF Alliance.
EDI: Electronic Data Interchange and similar electronic data communications, and all regulations related to EDI are based on the assumption that the customer has concluded a separate EDI agreement with SWF.
EDI-Contract: A separate contract in writing for electronic data communication following conditions set by SWF.
Dangerous Goods: Goods that have the potential to harm people, the environment, and materials.
Domestic Road Transport: A contract concerning road transport within the country.
Service-specific terms of use: Terms and conditions relating to specific products and options that SWF offers under separate provisions.
Shipment: A single shipment refers to goods listed on a single shipping note or transport instruction, loaded onto a single vehicle unit at once, and transported from one shipper to one consignee.
Task: All of SWF's transport, warehouse, and information services, which are related to tasks, proposals, contracts or parts thereof.
Customer: The party who has requested a task from SWF and, where applicable, the party that takes over such party.
2.2 Headings etc.
Headings and titles do not affect the interpretation or application of these general terms of use unless specifically stated.
3.Validity of Proposal/Contract
Written proposals are valid for 30 days from the date specified by SWF unless otherwise stated in the proposal.
In case the contract period is not clearly decided, and the notice period is not set, the termination notice shall be one month.
The termination notice must be given in writing, and the contract terminates on the last business day of the calendar month.
For specific tasks with a one-off nature and without a clear period or termination period, the contract remains in effect until SWF completes the task, and the customer fulfils their obligations related to that task.
4.Limitation of Liability
SWF's liability for goods is limited in amount and scope based on the contract and law (including treaties such as the CMR Convention, Montreal Convention, Hague-Visby Rules etc.).
The liability of SWF for any claims arising from SWF's customs brokerage services is limited (whether negligence is present in each case or not) to EUR 100 per entry or the amount of brokerage fees paid to SWF, whichever is less. If the liability of SWF under this clause relates to a series of errors or negligence representing a continuation or repetition of the original negligence, SWF's liability is limited to a total of 5,000 SDR over one year (12-month period) from the occurrence of the original error and/or negligence.
Considering the liability limitations applied by SWF, SWF recommends the customer to arrange cargo insurance to protect their own or others' interests.
SWF can arrange cargo insurance after a written agreement.
5.Claims
Visible damages, shortages, or losses must be immediately reported upon receipt of the goods and must be documented on the transport documents or other documents. Such documentation must be verified by SWF's representative.
The recipient must promptly check for concealed damages upon receipt of the goods. Concealed damages must be reported to SWF as soon as possible, but no later than 7 days after receipt of goods transported or stored by road, 14 days after receipt of air freight, and 3 days after receipt of goods transported by sea. SWF will not be responsible for concealed damages related to transport if these goods have previously been transported or handled in the same manner, and no check for concealed defects was made before the most recent start of transport.
SWF will not be responsible for damage or losses that occur during continuous transport, provided SWF can prove that no damage occurred during the period the goods were stored by SWF or a party for which SWF is responsible.
Claims regarding delays must be submitted as soon as possible and in accordance with the laws governing the relevant mode of transport.
Pickup times are provisional and are not guaranteed.
The customer and recipient have a responsibility to take measures necessary to minimize any damages to the goods.
If SWF pays the full amount for the goods in compensation for a claim, SWF may take ownership of those goods.
6.Claim Support
SWF's duty is limited to notifying and providing information to the customer about such claims.
7.Value Added Tax/Fees
Value Added Tax and other taxes and fees based on law are not included in the price and will be added at the time of invoicing.
Customs duties, customs clearance costs, and other fees will be billed based on actual costs and fees based on actual amounts (see also Section 8. Payment Terms).
8.Payment Terms
If SWF has allowed payment after delivery, payment must be received by SWF within 14 days from the date of the invoice. In case of delayed payment, SWF has the right to charge default interest based on the rate stated on the invoice. You must also pay reminder fees and other fees charged by SWF, as well as compensation that SWF may claim under law.
If SWF issues an invoice to another party based on instructions from the customer and payment is not made on time, the customer is responsible for paying the invoice amount, as well as default interest, invoice fees, and reminder fees to SWF upon receipt of the invoice.
Even if SWF has allowed payment after delivery, the customer is obliged to make prepayment for goods and other costs related to perishable goods or goods whose value does not certainly cover the freight and other costs, upon request by SWF.
If the customer disputes a part of the invoice, the undisputed part should be paid as above. In case of an unsubstantiated claim, the customer is obliged to pay SWF the remaining costs, default interest, fees, and compensation.
When paying for work performed by SWF, the customer may not withhold payment or execute set-off against SWF without SWF's prior written consent, regardless of the origin of the claim.
9.Price Adjustment
Unless specifically stated, prices are based on the conditions of the job. If these conditions are not met, SWF has the right to change the conditions of the job.
If costs related to SWF's work or part of the work increase as a result of situations beyond SWF's control, and SWF could not reasonably have foreseen it, SWF has the right to adjust the price to compensate for such cost increases. Such cost increases may arise from events such as fluctuations in currency, new or changed national/regional taxation, labor market disputes, changes in fuel prices, etc.
10.Unacceptable Goods
The transport of goods such as living or dead animals, corpses or cremated remains, hazardous waste, cash, securities, or personal effects and furniture will not be accepted.
11.Dangerous Goods and Other Goods Requiring Separate Contract
Transportation of dangerous goods, flammable and explosive substances, temperature-sensitive goods, weapons, waste, valuables (e.g. art, antiques, gems), living plants, fresh produce, tobacco, alcohol, goods sent COD (international), and goods with legal restrictions on import, export, or domestic transport will only be accepted under written contract.
For ADR class 1, 6:2, and 7 goods, transport services can be accepted based on a separate price for each individual transport.
In the context of operations related to ADR, IATA DGR, RID, and IMDG CODE (Dangerous Goods Regulations), the rules and regulations of each country apply. You, as the customer, need to notify SWF when making a booking for this type of work or prior to it, and let them know if all or part of the goods are subject to Dangerous Goods Regulations.
If the job consists entirely or partially of dangerous goods, different documents need to be used for dangerous goods.
12.Specific Conditions for Transport Services
12.1 Orders and Reservations
Transport services are accepted when SWF approves the order, confirms it with a dated document or electronically transmitted information, and receives the goods along with correctly completed freight documents and/or transport instructions.
Bookings for transport, including transport with time guarantee, and shipping of goods are made according to conditions specified by SWF in advance, or according to conditions specified by SWF for each individual case.
Different conditions apply to the times of booking, loading, and unloading for each type of goods.
12.2 Means of Transport, Traffic Conditions, Locations, etc.
SWF reserves the right to choose the means of transport, type of vehicle, and transport route, and also has the right to send the goods with or without intermediate loading. By entrusting SWF with the transport service, you, as the customer, acknowledge and agree that for sea freight, the goods may be transported on deck, and regardless of whether the goods are containerised or not, goods carried on deck are subject to the same liability regime for loss or damage or delay as goods carried under deck.
The conditions of the services offered or accepted by SWF for transport assume free movement, no traffic jams, and that the entire transport route (including loading and unloading locations) consists of roads/navigable waterways/flyways that are permissible for use under the laws of the relevant country. SWF may provide information on restrictions applicable to specific locations and/or countries.
12.3 Packaging Material
Goods must be packed to withstand normal transport handling (including automated sorting), be stacked according to the type of transport planned, and not cause damage to other goods. SWF bears no responsibility for damage resulting from lack or defects of packing materials, or from other packaging issues.
12.4 Loading Equipment Available to Customer or Shipper
Unless SWF has agreed to arrange the loading of the goods, you, the customer, bear the responsibility for loading and securing the goods in accordance with the national laws and regulations of each country. If required, you will also need to prepare a goods loading and securing certificate that complies with the rules of the mode of transport. For example, a Container Packing Certificate (CPC) for maritime transport in applicable maritime regions.
12.5 Transport Documents and Labeling of Goods (Parcel Labeling)
You, as the customer, bear responsibility for the information included in the transport documents and for costs due to incorrect and/or incomplete information. SWF reserves the right to be compensated for incorrect address labels, incorrect freight documents, or other documents related to the job.
You must verify that the transport documents provided or approved by SWF contain accurate and complete waybills and/or transport instructions, and that the destination address is displayed in accordance with national labeling standards. For shipments from the EU to non-EU countries or from non-EU countries to countries outside the EU, the following are also required:
• A commercial invoice, including the exporter's declaration and certificate.
• Any additional documents required in individual cases (e.g. licenses or certificates).
12.6 Prices and Price Calculation
The price includes the services and obligations listed in the quotation and/or contract. If there is no quotation or contract, the customer will be charged based on SWF's price calculation rules at the relevant time.
The freight price is calculated for the products in question based on SWF's weight and/or volume rules at the relevant time.
12.7 Payment of Freight and Cost Allocation
You, as the customer, bear the responsibility to submit written instructions regarding the conditions for freight charges to the shipper and/or recipient and SWF. For cross-border transport, you need to include the cost allocation between the shipper (seller) and the recipient (buyer) in the waybill and/or transport instructions. This ensures accurate allocation of freight charges and/or other costs incurred during transport. You are responsible for all costs resulting from non-performance of payment by the recipient or other parties, creditworthiness, errors in freight documents, incorrect address labels, incomplete delivery addresses, non-performance of acceptance of goods by the recipient, and decisions by government authorities regarding the goods.
12.8 Reservation Changes/Dead Freight
If the volume of goods reserved does not match the volume submitted, SWF reserves the right to seek compensation for additional costs and lost freight revenue.
Cancellation of a transport job is considered a reservation change (dead freight) unless SWF approves the cancellation.
12.9 Transport Time
Transports according to SWF's transport schedules and/or ship lists do not count as time-guaranteed transport. A time guarantee applies only if SWF has agreed in writing or in a quote to the customer to carry out transport with a time guarantee. Conditions in a customer's request or regarding delivery times included in the waybill are not binding for SWF. Errors in transport documents or similar documents, or incorrect address labels or insufficient delivery addresses (e.g., P.O. box addresses), can cause delays in the transport schedule. SWF is not liable for such delays.
12.10 Subcontractors' Liability
If SWF bears responsibility as the carrier, the customer will make economic claims only against SWF for damage, decrease, loss, or delay, and not against subcontractors acting on behalf of SWF.
12.11 Liability for Transport and Related Storage
SWF's liability as the carrier ends no later than 15 (fifteen) days after the goods have arrived and SWF has notified the person entitled to receive the goods, or after SWF has sent written notification to the address specified by the customer. Thereafter, the responsibility provisions of section 15 "Special Conditions Regarding Warehouses" apply.
13.Additional Provisions for Domestic Road Transport
For domestic road transport, SWF assumes responsibility as follows. However, additional provisions regarding liability do not apply to domestic transport that forms part of cross-border transport. Such transports are primarily governed by the provisions of the CMR Convention (SFS 1969:91).
13.1 Temperature-Controlled Domestic Road Transport
In the case of temperature-controlled domestic road transport (TC option), SWF is responsible for damage directly resulting from the temperature of the cargo area not being maintained within the agreed range.
However, SWF is not liable if goods are handed over to SWF in a state that they cannot withstand such transport, such as goods that have spoiled or aged. The shipper is responsible for ensuring that the temperature of the goods is within the temperature range agreed for transport. Claims for damage to goods due to an incorrect temperature range in the cargo area must be made at the time the goods are delivered.
13.2 Causes of Damage
Liability for domestic road transport also applies to damage to goods due to traffic accidents, fire, or theft.
13.3 Domestic Liability
In domestic transport (SWF PARCEL), liability for lost, decreased, or damaged portions of goods is limited to a maximum of 3.40 EUR per actual weight KG of the goods, except where such limitations are prohibited by domestic law.
13.4 Right of Use
In domestic road transport, the shipper retains the right to use the goods until they are delivered to the recipient or made available in a state that the recipient can use at the designated location. From that point, the recipient assumes the right to use.
13.5 Obstacles to Delivery of Goods
If the delivery of goods by domestic road transport becomes impossible due to obstacles, and if the shipper does not provide necessary instructions for handling the goods, SWF has the right to sell the goods:
• If the goods are perishable or rapidly deteriorating, or if storage is excessively expensive, or
• For other goods, 60 days after receiving the transport.
As far as possible, SWF will notify the shipper in advance about the sale of goods. The amount, after deducting SWF's costs arising from the transport job and other costs related to the storage and sale of the goods, will be paid to the shipper without delay if SWF knows all the necessary information for payment to the shipper's address.
If the necessary information for payment to the shipper's address is unknown and the proceeds of the sale are not claimed, SWF reserves the right to retain the proceeds.
13.6 Insured Goods
If damage, decrease, or loss is compensated by another insurance contract, SWF's obligation is exempted.
13.7 Delay
In domestic road transport, if the goods are lost or not delivered within 30 days from the point they were supposed to arrive at the destination, the customer has the right to compensation.
14.Liability as an Intermediary
When SWF acts as an intermediary, it is not liable for all consequences arising from its actions.
15.Special Conditions Regarding Warehousing Services
15.1 Warehousing
SWF performs warehousing services only under a special contract or based on 12.11 "Liability for Transport and Related Storage". The following additional provisions apply to warehousing services.
15.1.1 Nature of the Goods
The services pertain to handling of goods as designated by the customer and approved by SWF. Other goods of the same type that are included in or form part of the customer's range of goods may form the basis for services under the following conditions: (i) the customer notifies SWF in advance and SWF approves in writing, (ii) the handling by SWF does not become significantly difficult or costly as a result, and (iii) the nature or scale of the goods does not significantly increase the risk of damage to SWF compared to the original goods.
If the nature of the goods stored in the warehouse can potentially harm property or people, the customer must immediately remove the goods.
If the goods require a deviation from the normal handling of other goods of the same type, or if the customer requests special handling of goods in the services, the customer must notify SWF about this in advance in writing. SWF must approve the special handling.
15.1.2 Instructions
If the customer does not provide specific instructions for the warehousing of goods approved by SWF, SWF has the right to freely choose from various warehousing methods based on the condition that SWF pays due care.
15.1.3 Information
By the time the goods are left for warehousing, the customer must notify SWF of the address for communication concerning the goods and the address for receiving instructions, and must immediately notify SWF of any changes in this respect. SWF and the customer must provide each other with information necessary or reasonably required for the performance of the services.
The customer must notify SWF well in advance of changes in the volume of warehousing, capacity requirements, and other matters important to SWF.
15.1.4 Acceptance and Counting of Stock
SWF assumes no responsibility for content and invisible damages, and checks and signs for the entire shipment.
By special agreement, SWF will conduct a complete stock count of the warehouse at the request of the customer. SWF will provide the results of the stock count to the customer within 5 business days from the date the stock count was completed. If the customer does not submit a written complaint to SWF within 5 business days of receiving the stock count, the customer is considered to have approved the results provided by SWF.
15.1.5 Insurance and Liability
We only provide space to the customer and bear no custody or management responsibility for the goods stored in the space. The customer needs to insure against fire, water damage, and theft based on the claimed value of the goods in warehouse storage.
For the loss, decrease, or damage to goods not covered by the above insurance, or if such insurance is not taken out, SWF bears responsibility for errors or negligence. However, the liability is limited to a maximum of 5 EUR per actual weight KG of the part of the goods that has suffered loss, decrease, or damage. Regardless of the type of damage, SWF does not have to pay more than 1,000 EUR for each occurrence of damage. The customer is responsible for self-insuring at 0.05% of the commodity flow amount during a 12-month period. SWF will bear the excess portion during the same 12-month period. The value is calculated based on the book price of the goods in the space loaned to the customer by SWF, excluding taxes, fees, tariffs, etc. In inventory, the pure value difference of inventory is the basis for liability calculation.
15.1.6 Early Termination of Warehouse Services
If SWF's liability insurance provider terminates the insurance contract with SWF or requests modification of the insurance conditions, SWF has the right to terminate the contract after giving the customer 3 months notice in writing, or has the right to demand modification of the contract conditions as requested by the insurance provider.
If the customer breaches the contract, and as a result, the services are terminated early, the customer has to pay SWF compensation for lost fees, regardless of who terminated the contract.
15.1.7 Transportation Related to Warehousing Services
Transportation is included in warehousing services only when agreed upon in writing between SWF and the customer.
16.Customer's Responsibility for Transport and Warehousing
The customer is obliged to exempt SWF from liability for any damage suffered by SWF due to the following facts:
• The information about the goods is incorrect, unclear, or incomplete.
• The goods are wrongly packaged, marked, declared, or loaded or stored incorrectly by the customer.
• The goods have harmful characteristics that SWF could not reasonably foresee.
• Due to the negligence or negligence of the customer, SWF is obliged to pay tariffs and official taxes or provide guarantees.
• The customer, or the person responsible for it, causes damage to SWF through negligence, error, or negligence.
17.EDI
The customer is responsible for ensuring that the information transferred to SWF via EDI matches the conditions listed in the EDI contract. The customer is responsible for any errors or costs that may arise due to inadequate compliance with the EDI contract.
18.Force Majeure
SWF is exempted from the obligation to perform its business and the accompanying liability if the performance of its business is hindered by force majeure or circumstances beyond SWF's control, and that SWF could not reasonably foresee. SWF will promptly notify the customer if such circumstances occur or end.
If such a situation lasts for at least 30 days, both SWF and the customer have the right to terminate the business after a period equivalent to the notice period if the notice period applies to the business, or immediately in other cases.
19.Seizures and More
SWF has the right to seize goods under SWF's management for overdue costs (including fees and warehousing charges) and other debts from the customer.
If the goods are lost or destroyed, SWF has similar rights to compensation to be paid from insurance companies, carriers, or others.
If payment is not made to SWF, SWF has the right to sell a portion of the goods in a reasonable way to cover the total amount. If possible, SWF will adequately inform the customer in advance about what SWF intends to do with the sale of the goods.
SWF has the right to offset claims from the customer against debts that SWF has against the customer, and also has the right to offset payments that SWF should receive from the customer against debts that SWF has against the customer.
20.Limitations
Claims against SWF must be made within one year, and cannot be claimed after that. In the case of a decrease or damage to goods, the period is calculated from the day the goods are handed over to the customer, the recipient, or another party designated by the customer. If the customer was informed about the decrease or damage before this, or if it is presumed that the customer reasonably knew about these circumstances, the time is calculated from this point. In case of delay, loss of goods, or damage, time is calculated from the first time the delay, loss, or damage became evident to the customer.
21.Export Control
The customer is responsible for ensuring compliance with all applicable export control and sanctions regulations ("Export Laws"), and particularly guarantees the following:
(i) The customer, the holding company, agent, recipient, or other third parties directly contracted by the customer for the shipment delivery are not listed as denied or restricted subjects on the sanctions list;
(ii) Delivery to the final destination of the shipment, the known final user and final use does not violate applicable Export Laws;
(iii) If the shipment is subject to applicable sanctions and/or export/re-export restrictions, the customer notifies SWF;
(iv) The customer has obtained all necessary permits, licenses, or other government approvals for the final destination and final use of the shipment.
The customer has an obligation to provide SWF with all information, permits, licenses based on applicable Export Laws required for SWF to deliver the shipment to the final destination country. The customer acknowledges that SWF processes the information and personal data provided by the customer and complies with its legal obligations.
22.Confidentiality Obligations
Both the customer and SWF may disclose confidential information in order to achieve the purpose of the business.
The customer and SWF promise not to use the confidential information disclosed by the other party for purposes other than the intended purpose without the prior written consent of the other party. Furthermore, the customer and SWF promise to keep the confidential information disclosed by the other party safe and not disclose it to third parties. However, this does not apply to employees, lawyers, certified public accountants, and other professionals of the customer and SWF who need to know the confidential information to achieve the purpose and have a duty of confidentiality to the other party.
These promises regarding the use and disclosure of the customer and SWF's confidential information apply to all information disclosed from each other. However, this does not apply to information that is or will be in the public domain (except as a result of breach of the contract) or information that the recipient already knew and had no duty of confidentiality before it was disclosed by the other party.
The contract does not prevent the customer and SWF from disclosing confidential information as required by law or any competent authority. Upon the other party's request, the customer and SWF promise to return all copies and records of the confidential information disclosed by the other party and not to retain copies or records of the confidential information disclosed by the other party.
The provision of information does not grant a license, interest, or right to the other party's intellectual property rights to the customer or SWF. However, this excludes the right to copy the confidential information disclosed by the other party for the legitimate purpose.
23.Disputes
Disputes arising from the business or proposal/contract will be determined according to the London Court of International Arbitration Rules.
SWF Group LTD
268 Bath Road
Slough SL1 4DX GB
Customer Service: [email protected]
These general terms of use replace the previous general terms of use of SWF and apply to all tasks for SWF. However, this excludes cases explicitly agreed upon in writing or explicitly stated in these general terms of use. All tasks are performed according to the following:
• Specific agreed-upon terms
• Service-specific terms of use
• These general terms of use
In case of any contradiction among these provisions, the above priority order will apply. In the event of any conflict between the expressions of the English version and any version other than English of the General Terms of Use, the English version shall prevail.
In these terms of use, if the customer appoints a third party as their agent and fulfils obligations and responsibilities set forth in the general terms of use, the customer is responsible for the actions of that third party. SWF will not assume any responsibility for such third-party actions or performance unless explicitly taking on such responsibility. Even if the customer uses a third party to fulfil specific obligations stipulated in the general terms of use, the customer is ultimately responsible for the actions and results of that third party. The responsibility of SWF is limited to the scope explicitly defined in the general terms of use and does not extend to third parties unless explicitly stated.
2.Definitions and Headings
2.1 Definitions
In relation to these general terms of use and contract, the following words and expressions shall have the following meanings:
SWF: In this contract, SWF is deemed to refer to any corporate entity constituting the SWF GROUP LTD (a UK corporation) or the SWF Alliance.
EDI: Electronic Data Interchange and similar electronic data communications, and all regulations related to EDI are based on the assumption that the customer has concluded a separate EDI agreement with SWF.
EDI-Contract: A separate contract in writing for electronic data communication following conditions set by SWF.
Dangerous Goods: Goods that have the potential to harm people, the environment, and materials.
Domestic Road Transport: A contract concerning road transport within the country.
Service-specific terms of use: Terms and conditions relating to specific products and options that SWF offers under separate provisions.
Shipment: A single shipment refers to goods listed on a single shipping note or transport instruction, loaded onto a single vehicle unit at once, and transported from one shipper to one consignee.
Task: All of SWF's transport, warehouse, and information services, which are related to tasks, proposals, contracts or parts thereof.
Customer: The party who has requested a task from SWF and, where applicable, the party that takes over such party.
2.2 Headings etc.
Headings and titles do not affect the interpretation or application of these general terms of use unless specifically stated.
3.Validity of Proposal/Contract
Written proposals are valid for 30 days from the date specified by SWF unless otherwise stated in the proposal.
In case the contract period is not clearly decided, and the notice period is not set, the termination notice shall be one month.
The termination notice must be given in writing, and the contract terminates on the last business day of the calendar month.
For specific tasks with a one-off nature and without a clear period or termination period, the contract remains in effect until SWF completes the task, and the customer fulfils their obligations related to that task.
4.Limitation of Liability
SWF's liability for goods is limited in amount and scope based on the contract and law (including treaties such as the CMR Convention, Montreal Convention, Hague-Visby Rules etc.).
The liability of SWF for any claims arising from SWF's customs brokerage services is limited (whether negligence is present in each case or not) to EUR 100 per entry or the amount of brokerage fees paid to SWF, whichever is less. If the liability of SWF under this clause relates to a series of errors or negligence representing a continuation or repetition of the original negligence, SWF's liability is limited to a total of 5,000 SDR over one year (12-month period) from the occurrence of the original error and/or negligence.
Considering the liability limitations applied by SWF, SWF recommends the customer to arrange cargo insurance to protect their own or others' interests.
SWF can arrange cargo insurance after a written agreement.
5.Claims
Visible damages, shortages, or losses must be immediately reported upon receipt of the goods and must be documented on the transport documents or other documents. Such documentation must be verified by SWF's representative.
The recipient must promptly check for concealed damages upon receipt of the goods. Concealed damages must be reported to SWF as soon as possible, but no later than 7 days after receipt of goods transported or stored by road, 14 days after receipt of air freight, and 3 days after receipt of goods transported by sea. SWF will not be responsible for concealed damages related to transport if these goods have previously been transported or handled in the same manner, and no check for concealed defects was made before the most recent start of transport.
SWF will not be responsible for damage or losses that occur during continuous transport, provided SWF can prove that no damage occurred during the period the goods were stored by SWF or a party for which SWF is responsible.
Claims regarding delays must be submitted as soon as possible and in accordance with the laws governing the relevant mode of transport.
Pickup times are provisional and are not guaranteed.
The customer and recipient have a responsibility to take measures necessary to minimize any damages to the goods.
If SWF pays the full amount for the goods in compensation for a claim, SWF may take ownership of those goods.
6.Claim Support
SWF's duty is limited to notifying and providing information to the customer about such claims.
7.Value Added Tax/Fees
Value Added Tax and other taxes and fees based on law are not included in the price and will be added at the time of invoicing.
Customs duties, customs clearance costs, and other fees will be billed based on actual costs and fees based on actual amounts (see also Section 8. Payment Terms).
8.Payment Terms
If SWF has allowed payment after delivery, payment must be received by SWF within 14 days from the date of the invoice. In case of delayed payment, SWF has the right to charge default interest based on the rate stated on the invoice. You must also pay reminder fees and other fees charged by SWF, as well as compensation that SWF may claim under law.
If SWF issues an invoice to another party based on instructions from the customer and payment is not made on time, the customer is responsible for paying the invoice amount, as well as default interest, invoice fees, and reminder fees to SWF upon receipt of the invoice.
Even if SWF has allowed payment after delivery, the customer is obliged to make prepayment for goods and other costs related to perishable goods or goods whose value does not certainly cover the freight and other costs, upon request by SWF.
If the customer disputes a part of the invoice, the undisputed part should be paid as above. In case of an unsubstantiated claim, the customer is obliged to pay SWF the remaining costs, default interest, fees, and compensation.
When paying for work performed by SWF, the customer may not withhold payment or execute set-off against SWF without SWF's prior written consent, regardless of the origin of the claim.
9.Price Adjustment
Unless specifically stated, prices are based on the conditions of the job. If these conditions are not met, SWF has the right to change the conditions of the job.
If costs related to SWF's work or part of the work increase as a result of situations beyond SWF's control, and SWF could not reasonably have foreseen it, SWF has the right to adjust the price to compensate for such cost increases. Such cost increases may arise from events such as fluctuations in currency, new or changed national/regional taxation, labor market disputes, changes in fuel prices, etc.
10.Unacceptable Goods
The transport of goods such as living or dead animals, corpses or cremated remains, hazardous waste, cash, securities, or personal effects and furniture will not be accepted.
11.Dangerous Goods and Other Goods Requiring Separate Contract
Transportation of dangerous goods, flammable and explosive substances, temperature-sensitive goods, weapons, waste, valuables (e.g. art, antiques, gems), living plants, fresh produce, tobacco, alcohol, goods sent COD (international), and goods with legal restrictions on import, export, or domestic transport will only be accepted under written contract.
For ADR class 1, 6:2, and 7 goods, transport services can be accepted based on a separate price for each individual transport.
In the context of operations related to ADR, IATA DGR, RID, and IMDG CODE (Dangerous Goods Regulations), the rules and regulations of each country apply. You, as the customer, need to notify SWF when making a booking for this type of work or prior to it, and let them know if all or part of the goods are subject to Dangerous Goods Regulations.
If the job consists entirely or partially of dangerous goods, different documents need to be used for dangerous goods.
12.Specific Conditions for Transport Services
12.1 Orders and Reservations
Transport services are accepted when SWF approves the order, confirms it with a dated document or electronically transmitted information, and receives the goods along with correctly completed freight documents and/or transport instructions.
Bookings for transport, including transport with time guarantee, and shipping of goods are made according to conditions specified by SWF in advance, or according to conditions specified by SWF for each individual case.
Different conditions apply to the times of booking, loading, and unloading for each type of goods.
12.2 Means of Transport, Traffic Conditions, Locations, etc.
SWF reserves the right to choose the means of transport, type of vehicle, and transport route, and also has the right to send the goods with or without intermediate loading. By entrusting SWF with the transport service, you, as the customer, acknowledge and agree that for sea freight, the goods may be transported on deck, and regardless of whether the goods are containerised or not, goods carried on deck are subject to the same liability regime for loss or damage or delay as goods carried under deck.
The conditions of the services offered or accepted by SWF for transport assume free movement, no traffic jams, and that the entire transport route (including loading and unloading locations) consists of roads/navigable waterways/flyways that are permissible for use under the laws of the relevant country. SWF may provide information on restrictions applicable to specific locations and/or countries.
12.3 Packaging Material
Goods must be packed to withstand normal transport handling (including automated sorting), be stacked according to the type of transport planned, and not cause damage to other goods. SWF bears no responsibility for damage resulting from lack or defects of packing materials, or from other packaging issues.
12.4 Loading Equipment Available to Customer or Shipper
Unless SWF has agreed to arrange the loading of the goods, you, the customer, bear the responsibility for loading and securing the goods in accordance with the national laws and regulations of each country. If required, you will also need to prepare a goods loading and securing certificate that complies with the rules of the mode of transport. For example, a Container Packing Certificate (CPC) for maritime transport in applicable maritime regions.
12.5 Transport Documents and Labeling of Goods (Parcel Labeling)
You, as the customer, bear responsibility for the information included in the transport documents and for costs due to incorrect and/or incomplete information. SWF reserves the right to be compensated for incorrect address labels, incorrect freight documents, or other documents related to the job.
You must verify that the transport documents provided or approved by SWF contain accurate and complete waybills and/or transport instructions, and that the destination address is displayed in accordance with national labeling standards. For shipments from the EU to non-EU countries or from non-EU countries to countries outside the EU, the following are also required:
• A commercial invoice, including the exporter's declaration and certificate.
• Any additional documents required in individual cases (e.g. licenses or certificates).
12.6 Prices and Price Calculation
The price includes the services and obligations listed in the quotation and/or contract. If there is no quotation or contract, the customer will be charged based on SWF's price calculation rules at the relevant time.
The freight price is calculated for the products in question based on SWF's weight and/or volume rules at the relevant time.
12.7 Payment of Freight and Cost Allocation
You, as the customer, bear the responsibility to submit written instructions regarding the conditions for freight charges to the shipper and/or recipient and SWF. For cross-border transport, you need to include the cost allocation between the shipper (seller) and the recipient (buyer) in the waybill and/or transport instructions. This ensures accurate allocation of freight charges and/or other costs incurred during transport. You are responsible for all costs resulting from non-performance of payment by the recipient or other parties, creditworthiness, errors in freight documents, incorrect address labels, incomplete delivery addresses, non-performance of acceptance of goods by the recipient, and decisions by government authorities regarding the goods.
12.8 Reservation Changes/Dead Freight
If the volume of goods reserved does not match the volume submitted, SWF reserves the right to seek compensation for additional costs and lost freight revenue.
Cancellation of a transport job is considered a reservation change (dead freight) unless SWF approves the cancellation.
12.9 Transport Time
Transports according to SWF's transport schedules and/or ship lists do not count as time-guaranteed transport. A time guarantee applies only if SWF has agreed in writing or in a quote to the customer to carry out transport with a time guarantee. Conditions in a customer's request or regarding delivery times included in the waybill are not binding for SWF. Errors in transport documents or similar documents, or incorrect address labels or insufficient delivery addresses (e.g., P.O. box addresses), can cause delays in the transport schedule. SWF is not liable for such delays.
12.10 Subcontractors' Liability
If SWF bears responsibility as the carrier, the customer will make economic claims only against SWF for damage, decrease, loss, or delay, and not against subcontractors acting on behalf of SWF.
12.11 Liability for Transport and Related Storage
SWF's liability as the carrier ends no later than 15 (fifteen) days after the goods have arrived and SWF has notified the person entitled to receive the goods, or after SWF has sent written notification to the address specified by the customer. Thereafter, the responsibility provisions of section 15 "Special Conditions Regarding Warehouses" apply.
13.Additional Provisions for Domestic Road Transport
For domestic road transport, SWF assumes responsibility as follows. However, additional provisions regarding liability do not apply to domestic transport that forms part of cross-border transport. Such transports are primarily governed by the provisions of the CMR Convention (SFS 1969:91).
13.1 Temperature-Controlled Domestic Road Transport
In the case of temperature-controlled domestic road transport (TC option), SWF is responsible for damage directly resulting from the temperature of the cargo area not being maintained within the agreed range.
However, SWF is not liable if goods are handed over to SWF in a state that they cannot withstand such transport, such as goods that have spoiled or aged. The shipper is responsible for ensuring that the temperature of the goods is within the temperature range agreed for transport. Claims for damage to goods due to an incorrect temperature range in the cargo area must be made at the time the goods are delivered.
13.2 Causes of Damage
Liability for domestic road transport also applies to damage to goods due to traffic accidents, fire, or theft.
13.3 Domestic Liability
In domestic transport (SWF PARCEL), liability for lost, decreased, or damaged portions of goods is limited to a maximum of 3.40 EUR per actual weight KG of the goods, except where such limitations are prohibited by domestic law.
13.4 Right of Use
In domestic road transport, the shipper retains the right to use the goods until they are delivered to the recipient or made available in a state that the recipient can use at the designated location. From that point, the recipient assumes the right to use.
13.5 Obstacles to Delivery of Goods
If the delivery of goods by domestic road transport becomes impossible due to obstacles, and if the shipper does not provide necessary instructions for handling the goods, SWF has the right to sell the goods:
• If the goods are perishable or rapidly deteriorating, or if storage is excessively expensive, or
• For other goods, 60 days after receiving the transport.
As far as possible, SWF will notify the shipper in advance about the sale of goods. The amount, after deducting SWF's costs arising from the transport job and other costs related to the storage and sale of the goods, will be paid to the shipper without delay if SWF knows all the necessary information for payment to the shipper's address.
If the necessary information for payment to the shipper's address is unknown and the proceeds of the sale are not claimed, SWF reserves the right to retain the proceeds.
13.6 Insured Goods
If damage, decrease, or loss is compensated by another insurance contract, SWF's obligation is exempted.
13.7 Delay
In domestic road transport, if the goods are lost or not delivered within 30 days from the point they were supposed to arrive at the destination, the customer has the right to compensation.
14.Liability as an Intermediary
When SWF acts as an intermediary, it is not liable for all consequences arising from its actions.
15.Special Conditions Regarding Warehousing Services
15.1 Warehousing
SWF performs warehousing services only under a special contract or based on 12.11 "Liability for Transport and Related Storage". The following additional provisions apply to warehousing services.
15.1.1 Nature of the Goods
The services pertain to handling of goods as designated by the customer and approved by SWF. Other goods of the same type that are included in or form part of the customer's range of goods may form the basis for services under the following conditions: (i) the customer notifies SWF in advance and SWF approves in writing, (ii) the handling by SWF does not become significantly difficult or costly as a result, and (iii) the nature or scale of the goods does not significantly increase the risk of damage to SWF compared to the original goods.
If the nature of the goods stored in the warehouse can potentially harm property or people, the customer must immediately remove the goods.
If the goods require a deviation from the normal handling of other goods of the same type, or if the customer requests special handling of goods in the services, the customer must notify SWF about this in advance in writing. SWF must approve the special handling.
15.1.2 Instructions
If the customer does not provide specific instructions for the warehousing of goods approved by SWF, SWF has the right to freely choose from various warehousing methods based on the condition that SWF pays due care.
15.1.3 Information
By the time the goods are left for warehousing, the customer must notify SWF of the address for communication concerning the goods and the address for receiving instructions, and must immediately notify SWF of any changes in this respect. SWF and the customer must provide each other with information necessary or reasonably required for the performance of the services.
The customer must notify SWF well in advance of changes in the volume of warehousing, capacity requirements, and other matters important to SWF.
15.1.4 Acceptance and Counting of Stock
SWF assumes no responsibility for content and invisible damages, and checks and signs for the entire shipment.
By special agreement, SWF will conduct a complete stock count of the warehouse at the request of the customer. SWF will provide the results of the stock count to the customer within 5 business days from the date the stock count was completed. If the customer does not submit a written complaint to SWF within 5 business days of receiving the stock count, the customer is considered to have approved the results provided by SWF.
15.1.5 Insurance and Liability
We only provide space to the customer and bear no custody or management responsibility for the goods stored in the space. The customer needs to insure against fire, water damage, and theft based on the claimed value of the goods in warehouse storage.
For the loss, decrease, or damage to goods not covered by the above insurance, or if such insurance is not taken out, SWF bears responsibility for errors or negligence. However, the liability is limited to a maximum of 5 EUR per actual weight KG of the part of the goods that has suffered loss, decrease, or damage. Regardless of the type of damage, SWF does not have to pay more than 1,000 EUR for each occurrence of damage. The customer is responsible for self-insuring at 0.05% of the commodity flow amount during a 12-month period. SWF will bear the excess portion during the same 12-month period. The value is calculated based on the book price of the goods in the space loaned to the customer by SWF, excluding taxes, fees, tariffs, etc. In inventory, the pure value difference of inventory is the basis for liability calculation.
15.1.6 Early Termination of Warehouse Services
If SWF's liability insurance provider terminates the insurance contract with SWF or requests modification of the insurance conditions, SWF has the right to terminate the contract after giving the customer 3 months notice in writing, or has the right to demand modification of the contract conditions as requested by the insurance provider.
If the customer breaches the contract, and as a result, the services are terminated early, the customer has to pay SWF compensation for lost fees, regardless of who terminated the contract.
15.1.7 Transportation Related to Warehousing Services
Transportation is included in warehousing services only when agreed upon in writing between SWF and the customer.
16.Customer's Responsibility for Transport and Warehousing
The customer is obliged to exempt SWF from liability for any damage suffered by SWF due to the following facts:
• The information about the goods is incorrect, unclear, or incomplete.
• The goods are wrongly packaged, marked, declared, or loaded or stored incorrectly by the customer.
• The goods have harmful characteristics that SWF could not reasonably foresee.
• Due to the negligence or negligence of the customer, SWF is obliged to pay tariffs and official taxes or provide guarantees.
• The customer, or the person responsible for it, causes damage to SWF through negligence, error, or negligence.
17.EDI
The customer is responsible for ensuring that the information transferred to SWF via EDI matches the conditions listed in the EDI contract. The customer is responsible for any errors or costs that may arise due to inadequate compliance with the EDI contract.
18.Force Majeure
SWF is exempted from the obligation to perform its business and the accompanying liability if the performance of its business is hindered by force majeure or circumstances beyond SWF's control, and that SWF could not reasonably foresee. SWF will promptly notify the customer if such circumstances occur or end.
If such a situation lasts for at least 30 days, both SWF and the customer have the right to terminate the business after a period equivalent to the notice period if the notice period applies to the business, or immediately in other cases.
19.Seizures and More
SWF has the right to seize goods under SWF's management for overdue costs (including fees and warehousing charges) and other debts from the customer.
If the goods are lost or destroyed, SWF has similar rights to compensation to be paid from insurance companies, carriers, or others.
If payment is not made to SWF, SWF has the right to sell a portion of the goods in a reasonable way to cover the total amount. If possible, SWF will adequately inform the customer in advance about what SWF intends to do with the sale of the goods.
SWF has the right to offset claims from the customer against debts that SWF has against the customer, and also has the right to offset payments that SWF should receive from the customer against debts that SWF has against the customer.
20.Limitations
Claims against SWF must be made within one year, and cannot be claimed after that. In the case of a decrease or damage to goods, the period is calculated from the day the goods are handed over to the customer, the recipient, or another party designated by the customer. If the customer was informed about the decrease or damage before this, or if it is presumed that the customer reasonably knew about these circumstances, the time is calculated from this point. In case of delay, loss of goods, or damage, time is calculated from the first time the delay, loss, or damage became evident to the customer.
21.Export Control
The customer is responsible for ensuring compliance with all applicable export control and sanctions regulations ("Export Laws"), and particularly guarantees the following:
(i) The customer, the holding company, agent, recipient, or other third parties directly contracted by the customer for the shipment delivery are not listed as denied or restricted subjects on the sanctions list;
(ii) Delivery to the final destination of the shipment, the known final user and final use does not violate applicable Export Laws;
(iii) If the shipment is subject to applicable sanctions and/or export/re-export restrictions, the customer notifies SWF;
(iv) The customer has obtained all necessary permits, licenses, or other government approvals for the final destination and final use of the shipment.
The customer has an obligation to provide SWF with all information, permits, licenses based on applicable Export Laws required for SWF to deliver the shipment to the final destination country. The customer acknowledges that SWF processes the information and personal data provided by the customer and complies with its legal obligations.
22.Confidentiality Obligations
Both the customer and SWF may disclose confidential information in order to achieve the purpose of the business.
The customer and SWF promise not to use the confidential information disclosed by the other party for purposes other than the intended purpose without the prior written consent of the other party. Furthermore, the customer and SWF promise to keep the confidential information disclosed by the other party safe and not disclose it to third parties. However, this does not apply to employees, lawyers, certified public accountants, and other professionals of the customer and SWF who need to know the confidential information to achieve the purpose and have a duty of confidentiality to the other party.
These promises regarding the use and disclosure of the customer and SWF's confidential information apply to all information disclosed from each other. However, this does not apply to information that is or will be in the public domain (except as a result of breach of the contract) or information that the recipient already knew and had no duty of confidentiality before it was disclosed by the other party.
The contract does not prevent the customer and SWF from disclosing confidential information as required by law or any competent authority. Upon the other party's request, the customer and SWF promise to return all copies and records of the confidential information disclosed by the other party and not to retain copies or records of the confidential information disclosed by the other party.
The provision of information does not grant a license, interest, or right to the other party's intellectual property rights to the customer or SWF. However, this excludes the right to copy the confidential information disclosed by the other party for the legitimate purpose.
23.Disputes
Disputes arising from the business or proposal/contract will be determined according to the London Court of International Arbitration Rules.
SWF Group LTD
268 Bath Road
Slough SL1 4DX GB
Customer Service: [email protected]
