Terms and Conditions

1. Definitions

“General Terms and Conditions / GTC” – the entire set of contractual conditions applicable to all beneficiaries of transport services and related services, which supplement the provisions of the forwarding contracts and form an integral part thereof.

"Crystal Logistics Services S.R.L.", "CLS" or "Forwarding Company": Crystal Logistics Services S.R.L., with its registered office in Bucharest, Sector 1, Strada Dr. Iacob Felix, no. 49, Floor S, Room 9, having unique registration code: 43944517, and trade register number: J40/4964/19.03.2021, EUID: ROONRC.J40/4964/2021, telephone: 0040.757.333.184, e-mail: acc@crystal-logistics-services.com, Crystal Logistics Services GmbH, with its registered office in Strada Bahnhofstrasse, No. 21, Zug, Switzerland, registration number CHE-217.611.963, telephone: 0040.757.333.184, e-mail: acc@crystal-logistics-services.com.

“Client” – the legal/natural persons benefiting from the transport order or related services offered by CLS, regardless of whether they are the sender, owner, principal, or final beneficiary of the transported goods. These GTCs are applicable to all categories of persons mentioned above, even if the transport order is signed by only one/some of them, and they have the obligation to inform themselves regarding the transport of the goods.

“Forwarding Contract” is the contract by which the Client requests CLS to conclude, in its own name and on the Client's behalf, one or more transport orders and/or accessory services, by Crystal Logistics Services, for the Client, under the conditions mentioned in the contract and GTC.

“Transport Order” or “Order” means any written request transmitted by email, fax, or electronic data interchange by which a specific transport order is assigned to the CLS company, based on a Forwarding Contract. A transport order concluded without a Forwarding Contract has the legal value of a Forwarding Contract. The Order will be considered accepted after express, written approval. The start of the Order execution by CLS in any manner will be considered tacit confirmation.

2. The Forwarding Contract

2.1. The object of the Forwarding Contract is the conclusion, in CLS's own name and on the Client's behalf, of one or more Goods Transport Orders and/or accessory services, by Crystal Logistics Services, for the Client, under the conditions mentioned in the Forwarding Contract and GTC.

2.2. The Forwarding Contract is a contract by which the Forwarding Company undertakes to conclude, in its own name and on the Client's behalf, one or more transport contracts and/or to perform accessory operations.

2.3. The Forwarding Company that assumes the obligation to execute the transport, using its own means or those of another party, in whole or in part, has the rights and obligations of the carrier.

2.4. The Forwarding Contract provides clauses regarding both the actual transport and the accessory services to the transport.

2.5. The Forwarding Contract (framework contract) enters into force on the date of its signing. Individual transport orders enter into force from the date of unreserved acceptance of the offer and expire upon payment of the transport value. If, within one hour of receiving the transport offer by the Client, no express written refusal regarding the execution of the order is announced, the transport order is considered validly concluded from the date the offer was sent.

2.6. Any modification of the conditions for executing the order without the written consent of the Forwarding Company will not be taken into account. The Client must immediately notify the Forwarding Company of any change in information that is relevant in any way for the correct execution of the freight forwarding. Otherwise, the Client will bear all consequences of such an omission.

2.7. The Forwarding Company undertakes to renegotiate the order in accordance with the modifications requested by the Client no later than 48 hours before the loading date. After this deadline, the contract price can no longer be reduced, as 48 hours before the loading date, the Forwarding Company has already committed to paying the transport cost for the transport capacity needed by the Client to its subcontractors.

2.8. Due to general conditions on the transport market, the loading date and the unloading date are estimated, and these dates may change depending on the specific factual situation encountered during the transport, such as additional conditionalities or diversions of the means of transport on certain road segments, traffic blockages, stops at other loading/delivery points, unfavorable weather conditions, routine checks on the means of transport, etc., and the Client understands that these changes in loading/unloading dates do not represent the fault of the Forwarding Company.

2.9. During transport, the value of the goods is insured according to the insurance of the means of transport used. If the total value of the goods exceeds the insured value of the means of transport, the Client may request the Forwarding Company to (i) raise the liability limit of the transport means insurance up to the value of the goods or (ii) conclude an all-risks cargo insurance. Both accessory services will be negotiated by supplementary act and require payment of an additional fee.

2.10. Due to general conditions on the transport market, in cases where transport provision costs increase (for example, due to road tolls, fuel costs, inflation on the transport market, etc.), the Forwarding Company will notify the updated price within 15 days before the execution of the next transport order, and the forwarding contract continues only after the Client accepts the new price; otherwise, it terminates by operation of law.

3. Obligations of the Forwarding Company

3.1. The Forwarding Company will exercise the necessary diligence for the organization and/or execution of the transport and the performance of accessory services, according to the Client's instructions, as agreed.

3.2. The Forwarding Company is obliged to take all necessary measures to protect the Client's interests throughout the performance of the activities.

3.3. The Forwarding Company ensures that its subcontractors have valid CMR insurance policies for the means of transport used. Should the subcontractor's CMR insurance not take effect, the Forwarding Company benefits from a global CMR insurance policy, with a maximum coverage of EUR 2.5 million in case of damages, within the limit of the CMR insurance value of the means of transport used.

3.4. In case of unjustified delay of the goods arriving at the destination for a duration exceeding 3 working days, the Forwarding Company will compensate the Client with penalties amounting to EUR 100 / working day.

3.5. The Forwarding Company must be organized and possess the necessary means to execute its mission. The Forwarding Company assumes the obligation to promptly transmit transport offers at the request of the Client with whom it has concluded a Forwarding Contract, whenever necessary.

3.6. Unless otherwise agreed, the Forwarding Company has the right to freely choose the subcontractors, as well as the modes of transport and the means used. Intermediaries or subcontractors used by the Forwarding Company for the execution of its obligations are considered accepted by the Client, unless the latter has expressed an objection before the start of the transport execution.

3.7. The Forwarding Company will transmit the transport documents (INVOICE, CMR, and, optionally, T1, CEMT, TIR CARNET, DELIVERY NOTES CONFIRMED UPON UNLOADING, DELIVERY NOTES, WEIGHING NOTE, THERMOGRAPH) exclusively through electronic means of communication, to the email address provided by the Client.

3.8. The Forwarding Company is obliged to provide advice only on the transport activity and/or accessory services, excluding aspects related to goods in relation to various authorities (import/export licenses, authorizations, dual-use, etc.).

3.9. The Forwarding Company undertakes to verify that its subcontractors secure the goods in the means of transport in an appropriate manner so as not to be damaged during transport.

3.10. In the case of bulk cargo transport, the generally accepted weighing error at unloading is 100 kg. If a quantity difference greater than 100 kg is found upon unloading via the weigh ticket, the Forwarding Company is obliged to request compensation from the carrier consisting of the price of the missing quantity of goods above the 100 kg threshold, by correlating the quantity difference with the price of the transported goods for the purpose of compensating the Client.

3.11. The Forwarding Company is obliged to pay invoices within the deadlines established by contracts with its subcontractors.

4. Client Obligations

4.1. The Client guarantees the Forwarding Company, at the moment the goods are taken over by the latter, the accuracy of all details related to the general nature of the goods, marks, number, weight, volume, and quantity, and, if applicable, the dangerous nature of the goods, as provided by or on behalf of the Client.

4.2. The Client is responsible for the way documents are drawn up, their correctness, and apparent legality, which they make available to the Forwarding Company, such as, but not limited to, commercial invoices, specific lists, etc. According to the current updates of GEO no. 41/2022, if the transported goods fall into one of the high fiscal risk categories (BRFR), the Client has the obligation to provide the UIT codes in a timely manner, to fulfill all legal obligations regarding the National RO e-Transport System, and will be held liable to the Forwarding Company and/or its subcontractors in case of their sanctioning due to the lack of fulfillment of the reporting obligation.

4.3. The Client is obliged to submit in writing to the Forwarding Company, and no later than at the time of order confirmation, all details regarding the execution of the order: the type, weight, volume, value, and packaging of the goods, details regarding the loading/unloading schedule, precise loading/unloading deadlines, and other special transport conditions for the goods. Instructions are subject to the acceptance of the Forwarding Company. However, they are considered accepted if, after receiving them, the Forwarding Company proceeds with execution. The burden of proof regarding special instructions given to the Forwarding Company lies with the Client.

4.4. The Client shall be liable to the Forwarding Company and shall compensate it for all costs, expenses, and official charges related to all damages, as a result of incorrect, incomplete, or late information or instructions provided by the Client, or the handover by the Client or any person acting on its behalf, to the Forwarding Company or to any other person for whom the Forwarding Company may be liable, of goods that have caused damage to property, means of transport, and the environment or any other loss.

4.5. The Client must hand over the goods packed, marked, labeled, so that they can withstand the transport and/or accessory operations and can be delivered to the consignee according to the forwarding contract.

4.6. In case of finding losses, damages, or any harm caused to the goods at the destination, including those caused by transport delays, when the transport was agreed to be performed within a certain period, the consignee or those receiving the goods have the obligation to ascertain the damages and fulfill the necessary formalities, including formulating legal reservations against the carrier, as well as taking other measures to ensure the preservation of the right to claims and actions for the recovery of damages, under the terms of international transport regulations. If the Client benefits from compensation granted through the global CMR insurance of the Forwarding Company, they will be obliged to pay the deductibles or other costs requested by the insurance company.

4.7. In case the goods are refused by the consignee or in case of their absence, regardless of the reason, the Client is obliged to bear the transport price, the accessory services, as well as the additional expenses, incurred or engaged by the Forwarding Company until the completion of the transport, including supplementary services for the parking of the means of transport/storage until the acceptance of the goods by the consignee.

4.8. If the Forwarding Company engages customs operations on behalf of the Client, it is the Client who guarantees the customs broker the payment of the customs debt and/or fines that may be due, determined by the provision of erroneous instructions or documents.

4.9. In the event that the Forwarding Company, in cases of unforeseen circumstances, acts in the Client's interest to preserve their rights and the integrity of their goods, the additional costs and fees will be borne by the Client.

4.10. The Client will inform the Forwarding Company about any potential assignment of rights and obligations resulting from the forwarding contract to a third party.

4.11. If the Client cancels the order or withdraws from the contract before the start of the transport execution, they will compensate the Forwarding Company with 30% of the transport value for means of transport between 3.5 and 40 tons and 50% of the transport value for oversized trailers/container chassis, representing organization costs, to which are added the expenses already incurred by the Forwarding Company for the execution of loading, unloading, and transport (machinery rental, customs formalities, authorizations, parking, displacement, etc.), without the total value of these costs being less than 500 EUR.

4.12. The free time at the loading/unloading location is 4 hours for means of transport between 3.5 and 40 tons, and 2 hours for oversized trailers/container chassis. If the parking of the truck/means of transport at the loading/unloading location exceeds this period, the Client will bear parking penalties amounting to (i) 50 EUR/hour for means between 3.5 and 40 tons or (ii) 100 EUR/hour for oversized trailers/container chassis, until the end of the working day. If the operation is performed on the next day, the penalties are (i) 350 EUR/day or (ii) 750 EUR/day, as the case may be. The Client owes any supplementary penalties issued by the subcontractor. Parking penalties may exceed the contract price.

4.13. The Client has the obligation to provide the UIT code no later than the day of loading. In its absence, the transport may be detained at the border, generating supplementary costs, fully borne by the Client. In the absence of providing the UIT code, the Client is responsible for all fines applied to both themselves and the carrier. The carrier cannot perform international deliveries without possessing the necessary UIT code for customs formalities.

5. Customs Clearance

5.1. The Forwarding Company may provide in the forwarding contract for customs broker operations, if it holds the legal authorizations, or may engage a customs broker. For this activity, the Forwarding Company must comply with all requirements of applicable customs legislation, agree in writing with the Client on the necessary guarantees and the presentation of documents provided by law.

5.2. For this activity, the Client owes the fees agreed upon between the parties, in addition to the taxes provided in point 4.8.

6. Payment Conditions

6.1. Payment for the transport and other services is made by the Client based on the invoice issued by the Forwarding Company. The deadline for paying the invoiced amounts is that stipulated in each individual transport order (before loading / before unloading the goods from the means of transport / on the date of sending the transport documents / within a fixed period of days from the date of transport), but cannot exceed the maximum term of 30 calendar days.

6.2. If the agreed payment deadline is after loading or coincides with the time of unloading (0 days from unloading), the Beneficiary is obliged to make the full payment before starting the unloading operation of the goods from the means of transport. The truck will stand for 30 minutes for the collection of the transport value. The Forwarding Company has the right not to unload the goods and to charge a fee of 50 EUR/hour for parking until the full payment of the contract price. Failure to pay the forwarding contract price on time and the parking of the means of transport at the unloading location / storage of the goods generates supplementary costs to the Client according to art. 8.3. below.

6.3. The Client is in contractual relations exclusively with the Forwarding Company, not with its subcontractors (such as carriers), so the price of the forwarding contract will be considered paid only if it is paid into the Forwarding Company's account. In exceptional cases where payment of the contract price is only possible in cash, the Client will pay the contract value to the carrier exclusively with the written consent of the Forwarding Company. If the Client proceeds to pay the contract price in cash to subcontractors without the Forwarding Company's consent or without requesting a receipt upon payment, the payment will not be taken into account and will not be enforceable against the Forwarding Company.

6.4. Failure to pay the value of the service provided by the Forwarding Company on time incurs late penalties of 1% of the contract price for each day of delay, penalties calculated from the date of sending the invoice by CLS via e-mail, until the date of full payment. Late penalties calculated from the due date until the actual payment date may exceed the amount of the debt owed.

6.5. If the negotiated price was in EUR, the invoice will be issued both in EUR and in RON, at the BNR exchange rate on the day of issuance.

7. Successive Forwarding Contracts

7.1. The Forwarding Contract has the effects of a framework contract in relation to each individual transport order, which is supplemented by the provisions of the forwarding contract and the GTC.

7.2. During the term of the forwarding contract, the Forwarding Company undertakes to honor every individual transport order sent by the Client in a timely manner and to respect the price provided in the Forwarding Contract or, if the price is left to free bidding, to offer the most competitive prices for its Client. For this service, the Client cannot request offers or conclude transport orders with other suppliers regarding the transports covered by this contract, except when the Forwarding Company fails, for exceptional reasons, to honor that order.

7.3. If the Client was forced to conclude a single transport order covered by the contract with another similar service provider due to the fault of the Forwarding Company according to art. 7.2. above, the latter undertakes to compensate the Client with the price difference actually paid by the Client to the third-party provider and the price that the Forwarding Company would have offered according to the Forwarding Contract, up to a limit of 500.00 Euro.

7.4. The Forwarding Contract may be unilaterally terminated by sending a written notification to this effect by either Party. The Forwarding Contract may be terminated for non-performance/improper performance by sending a written notification to this effect by the entitled party, the contract ceasing within 30 calendar days from the date of sending the notification, unless, within this period, the defaulting party performs/remedies the services. Termination/resiliation/cessation of the contract for any reason does not affect orders already executed or in progress, and these will be carried out according to the contract.

7.5. The Parties have a reciprocal obligation of loyalty regarding the execution of the forwarding contract, and they cannot perform acts/deeds that prejudice its proper execution. The Client cannot initiate negotiations/conclude transport contracts directly with CLS subcontractors, under the penalty of the forwarding contract terminating by operation of law and the payment of damages conventionally set at the amount of 25,000 Euro, representing CLS's unrealized profit from all intermediations that could have been carried out under this contract.

8. Right of Lien and Retention

8. The Right of Lien and Right of Retention

8.1. The Forwarding Company holds a legal right of lien and retention over the goods and any related documents, for any sum of money owed at any time to the Forwarding Company or its subcontractors (whom it represents in relation to the Client) resulting from rendered transport services.

8.2. The right of retention ceases if the interested party deposits the transport price and the countervalue of all supplementary costs/penalties owed at the disposal of the Forwarding Company or offers the holder sufficient guarantee. All costs arising in connection with the exercise of the right of retention/lien, including, but not limited to: storage costs, handling, vehicle redirection, parking time, will be borne by the Client, and the compensation value for the supported costs shall be paid before the goods are unloaded and presented to the consignee.

8.3. The right of retention until the payment of the above costs is exercised after the free unloading time has elapsed or in case of express refusal / lack of a response regarding the payment of the forwarding contract price, depending on the most feasible option, by (i) parking the means of transport at the loading/unloading location, the Client owing 500 EUR/day of parking or (ii) storing the goods in a warehouse chosen by the Forwarding Company, the Client owing 90 EUR+VAT/ton/day of storage, including storage and handling costs of the goods or (iii) by any other reasonable manner, including the sale or destruction of the goods.

8.4. CLS may, at any time, exercise its right of retention/lien over the goods and accompanying documents, as security for the payment of any other sum owed in accordance with the order, including the costs of recovering it. This right of retention/lien may be exercised not only for the absence of payment in connection with the service in question but may also be extended to any existing obligations, at any time, including within other contracts. If the parties conclude several successive forwarding/transport contracts, these are considered services forming part of a framework forwarding/transport contract with that specific Client, respecting the contractual conditions agreed upon through the first forwarding/transport contract and supplemented by those negotiated by the parties through correspondence. CLS may invoke the rights from this section regarding any transport that is part of the forwarding/transport contracts concluded with this Client, until the full payment of all rendered transport services.

8.5. In the above hypothesis, CLS will not be responsible for delays in the delivery of the goods or for any supplementary costs arising for the consignee, which the latter has claimed or may claim from the Beneficiary, or for any other damage suffered by the latter.

9. Force Majeure

9.1. The contracting parties shall not be liable for the failure to execute on time and/or improperly, totally or partially, any of the obligations incumbent upon them, if the non-execution of the respective obligation was caused by an unpredictable event at the date of concluding the forwarding contract and whose consequences are unavoidable by the party invoking it.

9.2. The party invoking force majeure is obliged to immediately and fully notify the other party of its occurrence and to take all measures available to it to limit the consequences of the respective event.

9.3. Cases of force majeure exempt the Forwarding Company, during their duration, from the obligations affected by these circumstances. In these cases, the Forwarding Company or the Client has the right to terminate the forwarding contract, even if it has been partially executed. If the Forwarding Company or the Client requests the termination of the contract, the Forwarding Company is entitled to the payment of all costs incurred by it for the execution of the contract until the date of its termination.

9.4. The party that invoked force majeure must provide proof thereof within a maximum of 5 days from the date of its cessation.

10. Disputes

10.1. Any dispute with the Crystal Logistics Services company arising from the forwarding contract that cannot be resolved amicably will be resolved by the competent court of law at the CLS headquarters.

10.2. This clause is an alternative clause for establishing jurisdiction. If CLS files any claim in court related to a Forwarding Contract/Transport Order in the Client's jurisdiction, it is understood that CLS has waived the right to file such a claim before the competent courts corresponding to the CLS headquarters.

11. Final Clauses

11.1. The Client cannot contact the Forwarding Company's subcontractors directly/indirectly without the latter's consent. If the Client uses the know-how and logistics of the Forwarding Company to carry out the transport with the Forwarding Company's subcontractor designated for this purpose, the Client will still be liable to pay the forwarding contract price to the Forwarding Company, as damages. The Forwarding Company cannot be held liable for transport services concluded under such conditions.

12. Processing of Personal Data

The CLS company, as a service provider, informs you that the personal data processed within the company will be used exclusively for the purpose of executing the transport service contract, in compliance with Art. 6, para (1) lit. b) of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Processed data may include: first and last name, home/residence address, e-mail address, telephone number, bank account number, Client code, invoice history, etc. CLS processes the personal data of its Clients in full compliance with legal provisions, and these data are not transmitted to third parties, only to subcontractors for the execution of the transport contract. In certain situations, personal data are or could be communicated to central/local public authorities and institutions (e.g., the National Agency for Fiscal Administration, police bodies, prosecutors' offices, and courts of law). CLS will process your personal data throughout the duration of the contract concluded with you, as well as for 3 years after its termination (in case of eventual requests or other types of actions after the termination of the contractual relationship). However, by virtue of its legal obligations, CLS will store and archive certain personal data of its Clients for longer periods, according to fiscal and accounting legislation. According to EU Regulation 679/2016, you have the following rights: to request access to processed personal data; to request rectification or erasure of data or restriction of processing, according to law; to benefit from data portability; to file a complaint with the Supervisory Authority or to address the courts of law.