International Cargo Transportation and Freight Forwarding Contract
Last Update: 7 March 2022.
Updated: paragraph - 8
JSC “TTL USA Group”, hereinafter “the Freight Forwarding Company” (trade name USA2GEORGIA); webpage: www.USA2GEORGIA.com, telephone: 2-42-18-18; address: 14 A. Politkovskaia St. Tbilisi, Georgia
and the Customer: natural person or legal entity, making use of the Freight Forwarding Company’s transportation service, and conferred the Customer’s five-digit or six-digit number (the same “room number”), recorded during arrival of the cargo in the customs documentation and the database of the Freight Forwarding Company, enter into this Contract as follows:
1. Subject matter of the Contract
1.1. Subject matter of the Contract is provision of the freight forwarding service of the cargo sent by the Customer and accepted by the Freight Forwarder from the Freight Forwarding Company’s warehouse (located in city of New Castle, the United States of America) to Georgia, ensured by the Freight Forwarding Company in its name and at the Customer’s expense;
1.2. Registration of the Freight Forwarding Company’s Customer is free and voluntary. Registration is implemented on the webpage www.USA2GEORGIA.com. Service terms are public. Making use of the Freight Forwarding Company’s service means that the Customer agreed to the terms of this Contract, only after becoming familiar with them;
2. Cost of transportation, rounding of the package weight and payment
2.1. Cost of transportation is calculated based on the total weight of the packages. Price of the payable weight amounts to 8 USD per 1 kg, according to TBC Bank USD purchase rate existing on the day of payment in GEL. If package volume weight (length * width * height / 6000 – in centimetres) exceeds 20 kilograms, is used the international rule of transportation cost calculation providing for payment of the cost by maximal between the volume and the real weights;
2.2. It is compulsory to make payment only by payment methods indicated on the webpage www.USA2GEORGIA.com. In any other case the receipt of the sum will not be timely confirmed, that will cause delay of the package receipt;
2.3. Weight is rounded accurate within 100 grams;
2.4. Settlement between the Parties, is implemented after bringing of the cargo, at the latest within 14 days. After failing to pay on time the cargo will be daily charged the storing commission according to the freight forwarding service invoice cost, in the amount of 30 tetri per kilogram;
2.5. The Customer, on the basis of the invoice made by the Freight Forwarder, will pay the sum calculated in case of each concrete cargo transportation;
2.6. In case of existence of any indebtedness on the Customer’s account, separate package will not be received until full repayment of the indebtedness;
2.7. In case the volume or the real weight of the package/cargo received in America exceeds 10 kg, the Company is entitled to stop sending of the package/cargo until receipt of the advance sum;
2.8. When the Freight Forwarding Company stops the package/cargo at the American warehouse, according to the clause 2.7, the advance sum is requested by sending notification to the Customer’s e-mail. After reflection of the advance sum on the Customer’s balance, the cargo, by order of priority, will be sent to the following flight and in case the Customer’s balance is less than the first package by turn, the stopped packages will not be sent until the sum balance on the Customer’s account exceeds the amount of the advance sum. In case of stoppage of more than one package the Customer is obliged to timely fill in the balance on his/her page of USA2GEORGIA for all packages.
3. Package size reduction service
3.1. Packages are not reduced in size. Received packages are sent in the original state. Instead, the packages with the volume weight up to 20 kg, will be calculated by scales, that is to say, by real weight;
3.2. The cost of package, the volume weight of which does not exceed 20 kg, will be calculated according to the real weight and repackaging of the package with more than 20 kg volume weight will be implemented by the Company at its discretion, in case on the assumption of the package transportation safety and the production damage risk, independently of the Customer, it considers repackaging to be necessary. In such case as well the cost of package transportation will be calculated according to the volume weight received as a result of repackaging and the Customer is obliged to pay the package transportation cost according to the corrected weight.
4. The Customer, that is to say, the Customer is obliged:
4.1. At the Freight Forwarder’s request to timely provide it with the relevant information on the cargo, also give instructions required for execution of the transportation documents, provide it with the necessary information for implementation of the customs and other actions. Besides, the Customer must transfer to the Freight Forwarder the necessary documents for confirmation of authenticity of the mentioned information;
4.2. In case of existence of any hazardous cargo the Customer must inform the Freight Forwarder on the exact hazard type and if necessary indicate the safety measures to it;
4.3. Cargo, about hazard of which the Freight Forwarder did not know, can be any time and at any place unloaded, destroyed or neutralized without vesting the duty of reparation of damages;
4.4. If required by the cargo type, the Customer is obliged to have it packed in conformity with the transportation requirements;
4.5. Before receipt of the package the Customer is obliged to check the contents of the package. After leaving the office any claims on damage of the production will not be examined and the Freight Forwarding Company will not assume any responsibility for possible damage or shortage of the production existing in the package;
4.6. In case of receipt of the damaged or already opened package the Customer is obliged not to accept the package and in advance to inform this by calling the hotline of the Company. After opening of such package the Freight Forwarding Company will decline further responsibility for the contents of the package, that it to say, for the quality, defect or shortage of the production.
5. Courier Service
5.1. The Customer can use the courier service: express courier service throughout Tbilisi and courier service in regions. Courier service is provided by “Information communication systems” LLC;
5.2. Express courier service cost for any quantity of each, up to 10 kg package, to be delivered to one Customer amounts to 3 GEL; from 10 kg to 20 kg – 6 GEL. If package weight exceeds 20 kg, the cost of service is defined in the amount of 0.80 GEL per each 1 kg (e.g. if package weight is 21,8 kg, the package weight will be rounded to 22 kg and multiplied by 0,80 GEL). To use the express courier, in package management panel, in “Arrived” section, must be made request by pressing “Courier service” button. Courier service is rendered from Monday to Saturday inclusive. Approximate term of package delivery amounts to 2 working days;
5.3. Courier service in regions (Batumi, Khashuri, Poti, Gori, Gurjaani, Kaspi, Kareli, Kutaisi, Sagarejo, Sighnaghi, Telavi, Tskaltubo, Zestaponi, Martvili, Abasha, Baghdati, Gardabani, Lanchkhuti, Marneuli, Mtskheta, Ozurgeti, Kobuleti, Rustavi, Samtredia, Vani, Khoni, Zugdidi, Senaki, Lagodekhi, Ambrolauri, Kvareli, Shuakhevi, Chkhorotsku, Tianeti, Kharagauli, Khelvachauri, Khobi, Tetritskaro, Sachkhere, Terjola, Bolnisi, Oni, Chiatura, Dmanisi, Tsalenjikha, Borjomi, Lentekhi, Mestia, Tkibuli, Keda, Stapantsminda, Tsageri, Akhmeta, Aspindza, Khulo, Akhalkalaki, Akhaltsikhe, Ninotsminda, Chokhatauri, Tsalka, Adigeni, Dedoplistskaro, Dusheti) is rendered from Monday to Friday inclusive. Regional courier service is rendered at the Customer’s request, from package management page. Regional courier service cost for any quantity of each, up to 10 kg package, to be delivered to one Customer amounts to 10 GEL; from 10 kg to 20 kg – 20 GEL. If package weight exceeds 20 kg, the cost of service is defined in the amount of 0.80 GEL per each 1 kg (e.g. if package weight is 21,8 kg, the package weight will be rounded to 22 kg and multiplied by 0,80 GEL). Approximate term of package delivery amounts to 3-5 working days;
5.4. To use the courier service, it is necessary to in advance pay all payable invoices and additionally transfer the courier service cost to the balance;
5.5. The courier delivers the package to the address recorded by Customer in the system, and only once;
5.6. Change of the address from the webpage is possible only before arrival of the package, in other case the package will not be delivered to the changed address;
5.7. Change of the address and redirection by telephone call to office or on the basis of the oral agreement are restricted;
5.8. Courier will not lift the package to the floors;
5.9. Before coming to the address the courier will call the mobile number fixed on the Customer’s page in order to transfer the package to the Customer. If getting on the phone fails during several minutes for the purpose of the Customer or telecommunication company, the courier will take the package to the branch, from where the Customer is obliged to take the package himself/herself;
5.10. To receive the package, the Customer must have the recipient’s (person whose name, surname or/and name is written directly on the package) ID card, passport or the document proving the authorities. Photocopy will not be received. In case the package is accepted by any other third person, not being the recipient of the package, then ID card, passport or the document proving the authorities of the person who directly accepts the package will also be necessary.
6. Transfer of the package to the third person is possible only in case he/she can submit:
6.1. ID card or passport as of the package recipient, so the taker;
6.2. Notarized power of attorney will also be accepted.
7. Schedule of air flights, payment and package receipt period
7.1. The US warehouse operates from Monday to Friday inclusive. Flights from America are sent on the working day following the package receipt;
7.2. Average duration of transportation makes 7-10 days;
7.3. Transportation cost invoice will be sent upon arrival of the cargo to Tbilisi;
7.4. Schedule of the mentioned air flights is not fixed and the Company does not take any responsibility for delay of the flights in case of the force-majeure situations (e.g. difficult meteorological conditions, schedule cancelled or changed by the air company, etc.), also for transhipment in air companies in connection with holidays;
7.5. Terms of package receipt at the branch and return of packages
7.5.1. Marking of branch is possible during 2 days following departure of the flight;
7.5.2. Redirection of untimely declared packages to the branch will not be possible and they can be placed at Vazha-Pshavela central branch;
7.5.3. Automatic redirection will not apply to the flights already departed from America;
7.5.4. In case the Customer refuses to receive the package and submits to the sender the request on return of the package (if the package is in the USA), it is permissible to provide the package return service to the corresponding country if the Customer himself/herself ensures sending of the package from the US warehouse by means of the courier service desirable for him/her. In this case the Customer himself/herself must contact the courier company sending the package and ensure arrangement of transportation;
7.5.5. Freight Forwarding Company does not itself provide service of the package sending back, does not receive the return document (“RMA” or “Shipping Label”) and does not provide the Customer with the arrangement of transportation. The Company provides the mentioned service neither from the US nor from the Georgian warehouses. Instead of this the Freight Forwarding Company will give the mentioned package to the third person, in conformity with the Customer’s instruction;
7.5.6. The Customer is authorized 24 hours in advance to submit to the Freight Forwarding Company’s e-mail the passport or ID card of the person taking the package. In such case the Company will give the package to the person taking the package or his/her authorized representative free of charge from the US warehouse, and from the warehouse of Georgia, after payment of transportation cost and other customs liabilities;
7.5.7. In case of jumbo sized package or cargo, the volume or the real (scales) weight of which exceeds 20 kg, the Freight Forwarding Company is authorized to delay the package at the US warehouse and demand preliminary payment of the transportation cost. In case of delay of packages and cargos of any size and weight at the US warehouse for more than 7 (seven) calendar days, the Customer will be daily charged the cost of storage at the warehouse, in the amount of 30 tetri per 1 kg, according to the payable weight, but not more than the period of 14 (fourteen) days. If during 14 days the Customer does not pay the cost of package storage at the US warehouse and does not send the package to Georgia, to such package will automatically apply right of legal pledge and the Company is authorized to alienate the production existing in the package or leave the package in its ownership;
7.5.8. If within 30 days the Customer does pay the cost of storage at the warehouse of Georgia and does not take the package, to such package will automatically apply right of legal pledge and the Company is authorized to alienate the production existing in the package or leave the package in its ownership.
7.6.1. Self-service terminal of the Freight Forwarding Company is the electronic device by means of which the Customer can receive the package by entering a special 10-digit terminal code on it;
7.6.2. Terminal code is sent as by means of SMS, so by e-mail;
7.6.3. The Customer is obliged to correctly indicate mobile telephone number in USA2GEORGIA account and in case of change of telephone number to ensure its update;
7.6.4. Terminal 10-digit code is sent only to the Customer and the Customer accounts for its confidentiality or loss;
7.6.5. Current terminal code is cancelled after the Customer takes all packages;
7.6.6. If after receipt of the terminal code the Customer loses it, he/she is obliged to inform this to the Freight Forwarding Company and make it block the terminal code;
7.6.7. In case of loss of the terminal code the Customer can receive a package from the operator;
7.6.8. Self-service terminal functions in all offices and branches of the Freight Forwarding Company;
7.6.9. Service automatically activates for all Customers;
7.6.10. For receipt of the package by terminal it is necessary to enter 10-digit code on it, which is sent to the Customer after arrival of the flight;
7.6.11. During receipt of the package in the terminal the Customer is not required to submit the ID card or sign during receipt of the package;
7.6.12. Package can be received by the third person only in case he/she has permit to receive the package and the appropriate terminal code;
7.6.13. Transfer of the terminal code to the third person is responsibility of its owner. In case of transfer of the terminal code to the third person the Freight Forwarding Company is not responsible;
7.6.14. In case of any problem during receipt of the packages in the terminal the Customer is obliged to immediately inform this to the operator;
7.6.15. Package to be cleared by the customs will not be received by means of the terminal.
8. Additional obligatory safety service
8.1. Mentioned service implies reimbursement of the package from external damage or loss during the international shipping, from the warehouse of Freight Forwarder in USA to the consignee address in Georgia, per Master Airway Bill. Service does not include the inspection for product commodity within the package for damage or suitability for operation;
8.2. To use service it is necessary to make the appropriate additional safety mark in the package management panel, along the tracking code. Marking or cancellation will not act on the package the transportation invoice of which is already made;
8.3. The Company takes full responsibility in case of loss or disappearance of the package, including the case of the production sent by the private person, bought on Ebay or any other auction, written off, repaired or used production;
8.4. The Company does not take any responsibility for the production damage in case of the following types of packages: the production sent by the private person, bought on Ebay or any other auction, written off, repaired or used production, packages arrived to America without tracking codes and which were conferred tracking codes generated by the Freight Forwarding Company, though in case of loss of similar type packages the Company will fully repair the caused damage, that is defined by the cost of the production and transportation;
8.5. Service will not apply to the following type production: (e.g. glass, screen, tableware, porcelain, chandelier, sconce, etc.) if visually the package box is not damaged. In case the package contents or their part are damaged (breaking, cracking of glass, screen, etc…) and at the same time in outward appearance the package is not damaged, the recipient (owner) still is obliged to pay the transportation cost and take the mentioned package, otherwise the Company reserves right to immediately terminate the freight forwarding service to the mentioned Customer, on the condition of its further non-resumption;
8.6. In case of approach of damage, the reparable amount is limited by the production cost which is indicated in the production purchase confirmatory document and does not exceed the amount indicated by the Customer during its declaration;
8.7. During reparation of damage it is necessary to the Customer to submit the production purchase confirmatory document together with the tracking code conferred by the post company in America and in case of the production purchased in the store, the purchase confirmatory document, extract or the document equal to it;
8.8. In case of damage the amount will be repaired within the period of 21 calendar days after arrival of the flight;
8.9. Additional safety service will be activated automatically, in the obligatory order, on the assumption of the package safety service requirement. Safety service cost is 1 GEL for packages with declared value up to 300 GEL. For the declared value of more than 300 GEL, the obligatory safety service fee equals to 1%. For Package Declaration Sum within 300 - 3000 GEL range, the safety service fee equals to 2% of the declared sum. For Packages of over 10,000 GEL declaration sum, the safety service fee is 4% of the declared sum. Customer should pay the safety service fee together with the transportation cost;
8.10. In case of the disappeared package the damage will be repaired only in case the Customer adds the package tracking code to the division of the receivable packages and turns on the safety service before coming of the tracking code to the American address of the Freight Forwarding company, together with this, receipt of the package by the Freight Forwarding Company at the US warehouse must be confirmed by the Freight Forwarding Company;
8.11. Arrived to the address is considered only that package which on the webpage of the American post company has “Delivered” status of delivery and will be confirmed by the relevant document. On the document must be indicated a mechanically affixed signature by the authorized persons JCLEMONS or Z.Z, on the page or the electronic device. Please, take into consideration that signature typed on the electronic device keyboard in the form of the symbols will not be considered to be confirmatory. You can request the hand over document from the sender and the sender in its turn requests the document from the local post companies ((ups, usps, fedex, etc.);
8.12. In case the status of the package on the webpage of the American post company is marked as “Delivered” and it is also visible that the package is handed over “signed by…”, but to the Customer within 24-48 hours the package tracking code did not appear on the personal webpage, this means that the package physically was not delivered by the American post. In this case the Customer must contact the sender and appeal non-receipt of the package. After statement of the appeal a so called Tracer, that is to say, search status, must join the postal company, that means that the package is declared in search. Undergoing of the mentioned procedures from the Customer is obligatory. Freight Forwarding Company does not undertake any obligation for those packages which physically did not arrive to the American warehouse, though on the webpage of the post company exists the status delivered" and Signed by …. In case of the disputable situation the Freight Forwarding Company and also its partner American company operating on 8 McCullough dr will in written or by fax confirm to the sending company and the American post that the package physically did not arrive to the Customer’s address, 8 McCullough dr, New Castle.
8.13. If the issue of the package delivery to the US warehouse by the local courier company becomes disputable on the customer’s side, the forwarder, for the purpose of support and care of the customers, within the period of 2 weeks after reporting of the claim, will take measures of the package search and traceability. After expiration of this period without any result, it will be considered as confirmed that the package has not been brought to the US warehouse.
9. Customs clearance
9.1. According to the Customs code of Georgia it is obligatory to declare (indicate the sender of the item, the name of the item, the commodity code and the price) the item on the webpage of USA2GEORGIA. Responsibility for the accuracy of the information is fully imposed on the Customer. Term of the package declaration is defined by 5 calendar days after forwarding the flight to Georgia. In case of delay in declaration of the package, the Customer will be imposed the payment of the additional charge, in the amount of the fixed 6 GEL for each package. If for the incorrect declaration the state issues the penalty minutes to the Customer, the Customer will be additionally imposed the customs service cost, defined in the amount of 10 GEL for each package. Additional charges will be calculated and paid together with the transportation cost, and in case of non-payment, the parcel will not be given to the Customer;
9.2. The Customer accounts for the customs clearance procedures of the cargo, though, the Company will provide the Customer with the aid during using of the simplified customs procedures;
9.3. It is obligatory to pay USA2GEORGIA service before initiation of the customs clearance procedures, within 2 days after sending of the invoice;
9.4. Sum for preparation of the documentation of the package to be cleared by the customs is defined in the amount of 12 GEL for each declaration;
9.5. In case the customs service or the Ministry of finance imposes the penalty provision upon the Freight Forwarding Company, due to entire or partial non-fulfilment of the service conditions by the Customer (e.g. incomplete or inaccurate declaration of the production), the Freight Forwarding Company reserves right to impose payment of the mentioned fine upon the Customer;
9.6. Such packages to identify which (without account number or tracking number or name or surname) the Company will not be able during entering the customs border of Georgia, such package will be subject to transfer to the state, according to the customs legislation. Claims against the non-identifiable packages will not be received and the Company will not be vested any responsibility. Besides, right of the Company’s claim of payment of the transportation sum will be considered to be revoked. For example: if the package entered the customs border of Georgia which does not have any account or tracking number (even though the Customer’s other data are readable), the package will be considered to be non-identifiable and will be transferred to the state after expiration of 3 (three) days and if within 3 calendar days after entering the customs border the Customer specifies the tracing code and the account number on package management page or application, the package will be conferred the status of the identified;
9.7. In case of expiration of the declaration period the package will be transferred to the state, in conformity with the applicable legislation.
10. Production transportation of which is prohibited
10.1. See the production list. In case the Customer sends the prohibited production, the Freight Forwarding Company does not take any responsibility for transportation of the production to Georgia or confiscation of the production by the customs abroad;
10.2. In case the Customer still sends the prohibited production to the American address given by the Freight Forwarding Company to the Customer, the Company does not take any responsibility for return of the package to the sending store or the private person. Mentioned violation will be considered to be violation of the service terms, that will cause unconditional termination of service and imposing penalty provisions upon the Customer, which will be defined in the amount of the material damage caused to the Freight Forwarding Company.
11. Other restrictions and terms
11.1. Use of the insulting expressions, action against the Company’s interests, spread of unspecified information, direct or indirect advertising of any other freight forwarding company as by e-mail, so by telephone, chat so towards the employees personally, also on the Company’s Facebook page and blog page by the Customer or any citizen will cause immediate and unconditional termination of service for the Customer or the revealed citizen, and revocation and blocking of the text or comments spread by him/her from the Company’s Facebook or blog pages;
11.2. The Company reserves right to refuse provision of the freight forwarding service to those persons and companies which represent any other forwarding companies, are their founders, directors or persons employed in other management teams;
11.3. All information and terms placed on www.usa2georgia.com webpage, including text material from “Frequently Asked Questions” section and service terms page, are authentic and are the integral part of this Contract. Service terms are considered to be the agreement entered into between the Company and the Customer, from the moment of submission of the mentioned terms to the Customer by pressing the corresponding “Agree” button on the Company’s webpage;
11.4. Freight Forwarding Company does not take any responsibility for transportation of the package from America to Georgia if during ordering of the production the Customer makes a mistake and indicates the American address incompletely or incorrectly. Change of the address by the Customer is inadmissible and it must be written exactly as it is given on the Customer’s page, also in the electronic letter received during registration;
11.5. Freight Forwarding Company undertakes obligation before the Client only for the services described on the page of the service terms;
11.6. Freight Forwarding Company reserves right to request recording and storage of the relations with the Customer by means of all types of internet, telecommunication or video surveillance systems, including letters sent by e-mail, chat or telephone conversations, Facebook or blog comments which the Company might use for the purpose of protection of its rights in case of origination of litigation or any other dispute with the Customer;
11.7. The Customer agrees that the documents (ID card, passport, bank receipt, payment confirmatory document, production purchase confirmatory document and any other document related to the transported package) submitted by him/her for package receipt are authentic and responsibility for authenticity of these documents is fully vested upon the Customer;
11.8. Room number, in which is fixed no package, will be considered to be non-active and cancelled in 3 months after registration;
11.9. The Customer’s personal information is protected. Freight Forwarding Company will not transfer to the third party any kind of information on the Customer without the court decree;
11.10. Freight Forwarding Company reserves right, after preliminary informing of the Client, without any agreement with him/her, to change the service provision terms or terminate provision of service to the Customer;
11.11. The Customer’s name and surname shall not be changed after registration without the Company’s appropriate instructions. Instructions imply submission of the ID document at the office, confirmation by e-mail and other;
11.12. Together with the terms provided for by the Contract, the rights and duties of the Customer and the Forwarder are regulated in conformity with the applicable legislation of Georgia.