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Terms and conditions

1. Application of General Terms and Conditions

2. Definitions

 

   General Terms and Conditions

3. Applicable law

4. Disputes

5. Modification and disclosure of the General Terms and Conditions

6. Written procedures

7. Working hours

8. Charges

9. Fees, costs and taxes

10. Payment

11. Liability of the Depositor

   Acceptance of Storage Units
12. Description of goods and providing preliminary information
13. Refusal of order
14. Speed of fulfilling the order
15. Starting with the fulfilment of a storage order
16. Delivery and acceptance
17. Arrival condition of
StorageStorage Units
18. Inspection of
Storage Units
19. Issuing of acceptance certificate

    Storage
20. Storage location, transfer of
Storage Units
21. Granting access to the storage location
22. Handling of
Storage Units
23. Special method of handling a
Storage Unit
24. Notification of a special handling method
25. Damage and loss of a
Storage Unit
26. Notification of the destruction of
Storage Units
27. Compensation for a lost or damaged
Storage Unit
28. Charging for storage fees in case of destruction of
Storage Units


    Insurance
29. Insurance obligation of the Warehouse Keeper
30. Insuring the
Storage Unit
31. Conclusion, modification and termination of insurance coverage

   

    Releasing the Storage Units
32. Right to request the release of a
Storage Unit
33. Conditions for releasing
Storage Units
34. Removal of
Storage Units
35. Obligation of early removal of
Storage Units


   Other conditions
36. Lien
37. Public sale
38. Sum of claims
39. Expiry of claims
40. Beginning of the limitation period of claims
41. Delivery or transfer of ownership of a
Storage Unit
42. Force Majeure

GENERAL TERMS AND CONDITIONS
1. APPLICATION OF GENERAL TERMS AND CONDITIONS

1.1. The Warehouse Keeper and the Depositor undertake to fulfill the obligations arising from the General Terms and Conditions; they may not apply to the legal relationship conditions, instructions and regulations that contradict the General Terms and Conditions, unless agreed otherwise between them separately and stating this expressly in the Contract.
1.2. If the Warehouse Keeper provides also other services and/or operates as a freight forwarder, carrier, insurance broker or the like, the standard terms and conditions of the corresponding field of activity or the terms and conditions agreed upon shall apply in addition to the General Terms and Conditions.
1.3. If the Warehouse Keeper provides the service, using the services of a subcontractor, the conditions of service provision of the respective subcontractor shall apply.

TING1
2. DEFINITIONS
TING2

2.1. Extraordinary Work is a service that is not described and priced in the price list, Contract or Annexes to the Contract. Extraordinary work is always provided on an hourly basis. Extraordinary work is performed according to the agreement and based on a written order from the Depositor. The Warehouse Keeper carries out extraordinary work as far as is possible.
2.2. The Depositor is a person (or company), who delivers Storage Units to the Warehouse Keeper for storage or for whom the Warehouse Keeper keeps the Storage Units. The Depositor provides the Warehouse Keeper with instructions for the storage, handling and issuing of the Storage Units.
2.3. A Storage Unit is any independent unit delivered for storage, provided with an identifier and/or name for the period of storage (such as goods, clothes, leisure items, furniture, pallet, box, crate, bicycle, car tyres, etc.). The Depositor provides the Warehouse Keeper with a specific Storage Unit for storage, and the Warehouse Keeper always receives, stores, handles and issues the specific Storage Unit. The Storage Unit shall occupy one or more storage spaces at the Warehouse Keeper, depending on their actual size.
2.4. Insurance indemnity is the amount of insurance stated in the insurance contract, a part of the amount or an amount paid out for some other insured event, or the ensured services.
2.5. Insurance premium is the payment stipulated in the insurance contract for carrying out the insurance.
2.6. Manually movable unit is a part of a shipment that has arrived in the warehouse and can only be moved manually during unloading from the truck and/or placing in the warehouse.
2.7. Storage is a paid service provided by the Warehouse Keeper, under which the Warehouse Keeper undertakes to store, hold and keep the Storage Units at the storage spaces.
2.8. A storage space is a conditional measurement unit defined by the storer for measuring the volume of the goods stored in the warehouse (measuring 1.2 m (depth) x 0.8 m (width) x 1.35 m (height) and weighing 700 kg) and is the basis for calculating the payment for the stored goods.
2.9. The Warehouse Keeper is a company who undertakes to store the Storage Units handed over to them by another person (the Depositor), and to issue these at the request of the Depositor. The Warehouse Keeper takes instructions from the Depositor for the storage, handling and delivery of the Deposited Units.
2.10. Storage fees are the prices of services, materials and storage locations established by the Warehouse Keeper.
2.11. Storage location is a storage area in the possession and/or at the disposal of the Warehouse Keeper.
2.12. Contract is a mutual declaration of will of the Parties, indicating the contact details of the Depositor, and agreeing on the legal effects and obligations.
2.13. A machine-transportable unit is a part of a shipment that has arrived in the warehouse and can be moved by means of available transportation equipment during unloading from the truck and/or placing in the warehouse.
2.14. Restricted goods are goods with transportation or handling prohibition or restriction by law, or which can be handled subject to a special permit and conditions in accordance with legislation.
2.15. A Party or Parties are the Depositor or Warehouse Keeper in the meaning of the General Terms and Conditions or the Contract, separately also referred to as "Party" or jointly as "Parties".
2.16. A consignment is a set of packages moving between the place of departure and the place of destination.
2.17. SDR (or Special Drawing Right) is a currency unit of the International Monetary Fund (IMF) with a fluctuating exchange rate in relation to the euro. The SDR rate can be found at
http://www.imf.org/external/np/fin/data/param_rms_mth.aspx

2.18. The acceptance certificate is a numbered and signed document confirming the acceptance of Storage Units, indicating the date of acceptance, the Depositor, Storage Units handed over for storage, work performed, materials used and services rendered at the time of acceptance.
2.19. The Certificate of issuance is a numbered and signed document confirming the issuing of Storage Units, indicating the date of issuance, the Depositor, issued Storage Units; work performed, materials used and services rendered at the time of issuance.

GENERAL TERMS AND CONDITIONS
3. APPLICABLE LAW
TING3

3.1. The legal relations of storage are governed by the law of Estonia.

4. DISPUTES

4.1. All disputes arising between the Warehouse Keeper and the Depositor shall be resolved in the Estonian court.

TING4
5. MODIFICATION AND PUBLICATION OF THE GENERAL TERMS AND CONDITIONS
TING5

5.1. Upon changes in the General Terms and Conditions, the Warehouse Keeper undertakes to publish the new full text at least thirty (30) calendar days before the new General Terms and Conditions enter into force.
5.2. The General Terms and Conditions are published on the website of TVC OÜ (http://www.tvc.ee). The Depositor, who has stated their e-mail address for the Warehouse Keeper, will also be notified about the change in the General Terms and Conditions by e-mail.

TING6
6. WRITTEN PROCEDURES

6.1. All offers, agreements, instructions for delivery, storage, handling and issuance of the Storage Unit shall be effected in writing. Electronic correspondence and other declarations of intent that can be reproduced in writing are also in compliance with the requirement of the written form.
6.2. Verbal communication or communication by telephone is binding on the Warehouse Keeper only if it is immediately confirmed in writing, unless agreed otherwise.

7. WORKING HOURS
TING7

7.1. At the storage location, the Storage Units are taken into storage and removed from storage during the official working hours of the Warehouse Keeper. Should the Depositor require work outside the working hours, the Warehouse Keeper may or may not comply with this request at its own discretion. Additional costs related to work carried out by the Warehouse Keeper outside official working hours shall be borne by the Depositor.
7.2. The official working hours of the Warehouse Keeper are indicated individually for each storage location on the website of the Warehouse Keeper
(http://www.tvc.ee).

8. CHARGES
TING8

8.1. The storage fees and charges of the Warehouse Keeper are indicated on the website of the Warehouse Keeper (http://www.tvc.ee).
8.2. The Warehouse Keeper has the right to change the prices once a year by the extent of the consumer price index published by Statistics Estonia, notifying thereof at least sixty (60) calendar days in advance. In case of disagreement with the new price list, the Depositor has the right to unilaterally terminate the Contract by notifying the Warehouse Keeper thereof thirty (30) days in advance.
8.3. The current charges of the Warehouse Keeper and any written or oral agreements between the Warehouse Keeper and the Depositor regarding the charges are based on labor, energy, and rental costs that were normal at the time of conclusion of the Contract or issuing of instructions. In the event of an increase in costs, the Warehouse Keeper adjusts the charges by notifying the Depositor thereof 30 days in advance.
8.4. The Warehouse Keeper may adjust the charges immediately, should the authorities introduce or increase the taxes levied on the services of the Warehouse Keeper.

9. FEES, COSTS AND TAXES
TING9

9.1. All costs related to the Storage Unit (shipping fees, compensations, taxes, fees, fines and any other fees and expenses of any nature) are borne by the Depositor. The Depositor must pay these costs in advance or reimburse these at the first request of the Warehouse Keeper, regardless of whether the goods are at the storage location or have been removed from there.
9.2. Should the Warehouse Keeper deem it necessary to initiate legal proceedings or take other legal action to challenge fees, taxes, fines or other legal fees and costs, or if the Depositor requests that the Warehouse Keeper initiate such legal proceedings, then the costs of the Warehouse Keeper, including legal, financial or other counselling and assistance costs that the Warehouse Keeper had considered reasonably necessary shall be reimbursed by the Depositor at the first request of the Warehouse Keeper. The Warehouse Keeper shall consult with the Depositor if possible and strive to receive guidelines from them before starting the legal proceedings mentioned in point subsection or taking other legal remedies.
9.3. If the Depositor acts as a financial or fiscal agent, then all taxes, fees, fines, interest, default interest and any other related costs or damages shall be paid by the Depositor, without prejudice to the provisions of subsection 9.1. The Depositor shall compensate these claims to the Warehouse Keeper upon first demand.

10. PAYMENT
TING10

10.1. All the claims of the Warehouse Keeper against the Depositor, including storage fees, insurance premiums and costs, storage and issuance fees, fees for extraordinary work, also clean-up costs resulting from, etc., extraordinary expenses, additional remuneration for employees, taxes, fees, default interest, etc. must be paid on first demand.
10.2. Payment is made in euros on the basis of invoices drawn up by the Warehouse Keeper.
10.2.1. For more convenient payment, the Depositor in cooperation with Maksekeskus AS, offers a technical possibility of paying invoices via the link on the invoice.

10.2.2. When the invoice is paid through the link provided on the invoice, the Depositor is directed outside the environment controlled by the Warehouse Keeper to a secure environment of the corresponding party - when paying using the bank link, into the environment of the corresponding bank, and when paying with a bank card, into the environment of Maksekeskus AS, while the Warehouse Keeper does not have access to the Depositor's bank and credit or debit card details.
10.2.2.1. When the Depositor is directed outside the environment controlled by the Warehouse Keeper, the Warehouse Keeper transmits to the corresponding party the personal data necessary for making the payments. At this, the recipients of personal data (including Maksekeskus AS) are the authorized data processors.
10.3. The Depositor shall always pay the storage fees within the agreed term, without prejudice to the provisions of the previous paragraph.
10.4. Should the Depositor not pay the claims of the Warehouse Keeper immediately, the Warehouse Keeper may demand default interest at the rate agreed upon in the Contract or, if there is no such agreement, the default interest specified under the General Terms and Conditions.
10.5. Payments received on the bank account of the Warehouse Keeper are used, regardless of the purpose of the payment, in the first order to clear the debts of the Depositor.
10.6. If overdue claims are collected through legal proceedings or other actions, the debt amount is increased by 10% to cover collection costs, while the court and extra-judicial costs are borne by the Depositor.

11. LIABILITY OF THE DEPOSITOR
TING11

11.1. The Depositor is liable to the Warehouse Keeper and to third parties for loss or damage to the Storage Unit as a result of an incorrect or misleading and incomplete description, indication or information, as well as for loss and damage resulting from an unannounced defect in the Storage Unit and packaging, even if such loss or damage was not caused through the fault of the Depositor. If the weight of the Storage Unit has not been disclosed or was disclosed incorrectly, the Depositor shall be responsible for the resulting damage.
11.2. The Depositor is responsible for any damage resulting from the non-fulfilment, delay or improper fulfillment of the obligations assumed by the Depositor under the General Terms and Conditions or the Contract concluded separately between the Warehouse Keeper and the Depositor, except when the Warehouse Keeper has caused the damage intentionally or through gross negligence.
11.3. The Depositor shall also indemnify the Warehouse Keeper for justified claims of third parties, costs paid to them or to be paid, and damages, including claims of the employees of the Warehouse Keeper and the Depositor, arising from the nature or condition of the Storage Unit, except when the damage was caused by the Warehouse Keeper intentionally or through gross negligence.
11.4. If the Depositor has informed the Warehouse Keeper that the Storage Unit will be brought to storage in a certain amount or at a specified time or removed in a certain amount or at a specified time, and the Depositor does not actually deliver the Storage Unit or does not remove it in the agreed quantity, manner or time, the Depositor shall compensate the costs incurred by the Warehouse Keeper in connection with the employees assigned to fulfill the Depositor's instructions or the downtime of equipment that was not used or was only partially used.

ACCEPTANCE OF STORAGE UNITS
12. DESCRIPTION OF GOODS AND DELIVERY OF PRELIMINARY INFORMATION
TING12

12.1. The Depositor shall submit to the Warehouse Keeper a written request, an order and instructions for the storage and handling of the Storage Units, stating therein, if necessary, the contents, value, gross weight and other important characteristics of the Storage Unit and other important indicators that may affect storage and its conditions.
12.2. If the Storage Unit is subject to customs, excise or other special requirements, the Depositor shall provide the Warehouse Keeper in a timely manner with all necessary information and documents that enable the Warehouse Keeper to meet these requirements.
12.3. If the Depositor has not previously provided information about the Storage Units arriving in the warehouse, or the information provided is inaccurate, the Warehouse Keeper has the right to refuse these.

13. REFUSING AN ORDER
TING13

13.1. The Warehouse Keeper may refuse an order for a valid reason. A valid reason is primarily a change in storage conditions beyond the control of the Warehouse Keeper (including lack of available storage spaces), administrative restrictions, as well as the reasons named in clause 35.3 of the General Terms and Conditions.

14. SPEED OF FULFILLING THE ORDER
TING14

14.1. The speed of fulfilling an order and instructions for the storage or delivery of the Storage Unit is determined by the Warehouse Keeper. L The Warehouse Keeper shall take into account the Depositor's request for the speed of execution of the order to the extent possible, but is not responsible for the costs that the Depositor bears, if the speed at which instructions are normally executed is lower than the Depositor desired.

15. STARTING WITH THE FULFILMENT OF A STORAGE ORDER
TING15

15.1. The Warehouse Keeper shall start the fulfilment of the agreed delivery or storage instructions as soon as possible after the instructions and required documents have been deemed acceptable and the necessary details and handling rules have been received, unless agreed otherwise or if this is prevented by special circumstances.The Warehouse Keeper shall start the fulfilment of the agreed delivery or storage instructions as soon as possible after the instructions and required documents have been deemed acceptable and the necessary details and handling rules have been received, unless agreed otherwise or if this is prevented by special circumstances.

16. DELIVERY AND ACCEPTANCE
TING16

16.1. The Depositor shall deliver the Storage Unit and the Warehouse Keeper shall receive it at the storage location. The place, where the Warehouse Keeper receives the Storage Unit is the storage location even in case the transportation or delivery of the goods to the space is organized by the Warehouse Keeper.
16.2. The Storage Units delivered by the Depositor are received at the storage location in the first come, first served order, as follows:
16.2.1. Upon arrival of the Depositor, the Warehouse Keeper registers the receipt of the Storage Units and determines the place of unloading/reception (gate).
16.2.2. When reaching the front of the queue, the Warehouse Keeper unloads/receives the Storage Unit(s).
16.2.3. The Warehouse Keeper organizes the unloading of machine-transportable units in such a way that the unloading of one semi-trailer takes up to one (1) hour from the start of unloading.
16.2.4. The unloading of manually movable units is always organized by the Warehouse Keeper as an extraordinary work based on prior agreement. When unloading manually movable units, the Warehouse Keeper undertakes, if possible, to prepare machine-transportable Storage Units intended for storage, which will later be taken to the storage location by means of machine transport. In the absence of the prior detailed description based on the machine-transportable unit, the Warehouse Keeper assembles the machine-transportable Storage Units at its own discretion. A manually movable unit, which could not be formed into a machine-transportable unit, is placed in the storage location as a hand-movable Storage Unit.
16.2.5. The maximum weight of the manually movable unit per employee is 31.5 kg. If the manually movable unit is heavier than allowed, the Warehouse Keeper has the right to use a larger number of workers when moving the unit. A manually movable unit which cannot be moved manually due to its weigh, and for which the respective transporting equipment is not available or has not been ordered in advance, is considered non-movable, and the Warehouse Keeper has the right to refuse to receive this unit.
16.2.6. The Storage Units, which are placed as machine-transportable units in a storage area, are considered received.
16.2.7. At the end of the acceptance, the Warehouse Keeper issues the acceptance certificate to the Depositor.
16.3. The Warehouse Keeper has the right to refuse to receive Storage Units that contain restricted goods, including:
16.3.1. particularly valuable items, incl. precious metals, genuine jewelry, precious stones, natural pearls, antiques, works of art;
16.3.2. money, sealed notarized documents, securities, checks, coins, credit cards, payment documents, admission tickets or similar certificates of high value.
16.3.3. furs, rugs, watches and other jewelry and fur products with the price more than 520 euros per item;
16.3.4. other items with the price of more than 13,000 euros;
16.3.5. items, the handling of which is prohibited or restricted by law, including in the case of international transmission of the shipment, goods whose import or export is prohibited or for which a special permit is required in accordance with the legislation of the country of dispatch, transit or destination of the goods;
16.3.6. firearms, ammunition, gas guns, tear and nerve gas cylinders, special equipment for the needs of the police and special services;
16.3.7. explosive and flammable substances;
16.3.8. toxic and radioactive substances;
16.3.9. biologically infectious materials;
16.3.10. narcotic and psychotropic substances;
16.3.11. material intended for medical or biological research, medical waste, human or animal remains, body parts or organs;
16.3.12. acids;
16.3.13. perishable foodstuffs and other perishable goods;
16.3.14. live or dead animals, birds, fish and insects;
16.3.15. toxic plants.
16.4. The Warehouse Keeper is under no obligation to sign any other documents submitted by the Depositor, which would confirm the transfer of the Storage Units and/or goods to the Warehouse Keeper and by which the Warehouse Keeper assumes responsibility for the assets indicated in the documents of the Depositor.
16.5. Should the Depositor request a signature in confirmation of receipt by the Warehouse Keeper also on its shipping and/or transportation documents, the Warehouse Keeper has the right to perform a detailed conformity check of the arrived goods against the accompanying shipping or transportation documents, and this as an extraordinary work at the expense of the Warehouse Keeper. If the Warehouse Keeper has no available resources to perform the given extraordinary work, the Warehouse Keeper has the right to refuse to receive the given goods.
16.6. In the event that goods and/or Storage Units have been delivered to the Warehouse Keeper by third parties (incl. transportation companies, authorized persons, etc.) and it turns out that goods and/or Storage Units belonging to third parties (who do not have a Contract and/or prior agreement with the Warehouse Keeper) have been left with the Warehouse Keeper, the Warehouse Keeper shall handle the Storage Units in its possession and provide services based on the valid General Terms and Conditions, while in the eyes of the Warehouse Keeper the Depositor is the person or company who had delivered the Storage Units to the Warehouse Keeper.

17. ARRIVAL CONDITION OF STORAGE UNITS
TING17

17.1. Storage Units shall be delivered to the Warehouse Keeper in good condition and, if packed, packed properly.
17.2. If goods or assets intended for storage arrive at the Warehouse Keeper in bulk, the Warehouse Keeper has the right to turn these into Storage Units at its own discretion.
17.3. If a Storage Unit delivered to the Warehouse Keeper is visibly damaged or defective upon arrival, the Warehouse Keeper has the right, but is under no obligation, to take any measures to protect the interests of the Depositor against the carrier or other persons and provide proof of the condition of the Storage Unit upon arrival. The Warehouse Keeper does so at the expense and risk of the Depositor, and the Depositor has no right to make a claim against the Warehouse Keeper regarding the manner in which the Warehouse Keeper carried out these tasks. The Warehouse Keeper shall deliver notices to the Depositor immediately without the latter having the right of claim against the Warehouse Keeper in case of unsuccessful notification.
17.4. The Warehouse Keeper may demand from the Depositor immediate withdrawal of a Storage Unit accepted for storage, remove, destroy or make it harmless in another way by themselves, should the Storage Unit turn out to be hazardous, contrary to the information provided by the Depositor, if they as a diligent Warehouse Keeper would not have accepted such hazardous goods for storage, had they known that the goods could be hazardous after acceptance.
17.5. The Warehouse Keeper has the right to apply the measures specified in subsection 17.4 also when storing a Storage Unit which was known to the Warehouse Keeper to be hazardous, but only if such Storage Unit represents an immediate danger.
17.6. The Warehouse Keeper is under no obligation to compensate the Depositor for any loss when following subsections 17.2 to 17.5. The Depositor is liable for all costs and damages incurred by the Warehouse Keeper as a result of submission of the Storage Unit for storage, storage or measures taken, if the costs and damages or the need to take such measures did not result exclusively from the errors of the Warehouse Keeper.
17.7. The remedies applied in clause 17.4 result in termination of the storage of the Storage Unit. The provisions about hazardous goods do not restrict the application of the provisions of clause 23.

18. INSPECTION OF STORAGE UNITS
TING18

18.1. The Warehouse Keeper is not obliged to weigh or measure Storage Units, unless given such request or a separate instruction.
18.2. The Warehouse Keeper may weigh or measure a Storage Unit in order to verify or confirm the correctness of the description of the Storage Unit received from the Depositor. Should the Warehouse Keeper discover as a result of the inspection that the weight or other details of the goods differ from the description, the Depositor shall compensate the Warehouse Keeper for the costs of weighing or measuring. The Warehouse Keeper is liable for weighing or measuring only if they had weighed or measured the Storage Unit on the basis of the instructions of the Depositor, and without prejudice to the provisions of subsection 25 regarding the Warehouse Keeper's liability.
18.3. The Warehouse Keeper may open the Storage Units to verify their contents at the request of the Depositor. The Warehouse Keeper has the right, but no obligation, to open the Storage Units at any time to verify their contents also in case they have a reason to suspect that the contents of the Storage Unit do not correspond to the description.
18.4. Should it become apparent at the inspection that the content of a Storage Unit differs from the description, the Warehouse Keeper shall amend the description of the Storage Unit; in such case, the costs of verification shall be borne by the Depositor. The Warehouse Keeper shall not be responsible for the description or name of the Storage Unit.
18.5. The Warehouse Keeper shall not be responsible for a lack in the contents of a Storage Unit, unless the damage has been caused by the Warehouse Keeper intentionally or through gross negligence.

19. ISSUING OF ACCEPTANCE CERTIFICATE
TING19

19.1. Upon acceptance of the Storage Unit, the Warehouse Keeper shall issue to the Depositor in confirmation of the acceptance a numbered document (Acceptance Certificate), which indicates the date of acceptance, the Depositor, the Storage Units delivered for storage, the work performed upon acceptance, the materials used and the services provided.
19.2. The Acceptance Certificate is drawn up in one copy signed by the Warehouse Keeper at the moment, when the Storage Units are handed over.
19.3. If the Depositor requests the Warehouse Keeper to sign in confirmation of acceptance also their own waybill and/or transportation documents, the Warehouse Keeper is responsible only for the Storage Units specified in the Acceptance Certificate.

STORAGE
STORAGE LOCATION, TRANSFER OF STORAGE UNITS
TING20

20.1. The location for storing the Storage Unit is determined by the Warehouse Keeper, unless agreed otherwise.
20.2. The minimum storage volume is one storage space. This means that if a storage location receives a manually movable unit (such as a box), which is smaller in size than the storage space, the Warehouse Keeper shall regard the Storage Unit delivered by the Depositor for storage to have the volume of one storage space.
20.3. The minimum storage period is one day. This means that if the Storage Unit delivered for storage is removed within less than 24 hours, the storage time counted by the Warehouse Keeper is one day.
20.4. The Warehouse Keeper has the right to take the Storage Units to another storage location at any time.
20.5. The costs of such transfers and insurance as well as the normal risk of transportation shall be borne by the Warehouse Keeper, unless the transfer is carried out in the interest of maintaining the Storage Units in good order or due to circumstances beyond the control and accountability of the Warehouse Keeper.
20.6. If the Storage Unit is moved to another storage location, the Warehouse Keeper shall notify the Depositor thereof, without the Depositor gaining any right of claim against the Warehouse Keeper in case of unsuccessful notification.

GRANTING ACCESS TO THE STORAGE LOCATION
TING21

21.1. Only the Depositor is granted access to the Storage Unit and information about the Storage Unit.
21.2. The Warehouse Keeper is obliged to provide the Depositor or persons appointed by them with access to the storage location of the Storage Units of the Depositor in order to fulfill customs or other formalities.
21.3. The Warehouse Keeper shall grant the persons with access to the Storage Units only under the following conditions:
       21.3.1. all the persons visiting the warehouse, including vehicle crews, shall follow the rules of the Warehouse Keeper upon arrival at the warehouse;
       21.3.2. The Warehouse Keeper shall allow access only during the official working hours and with a guide;
       21.3.3. the Depositor shall reimburse the Warehouse Keeper for the costs of guiding the visitors;
       21.3.4. The Depositor shall be liable to the Warehouse Keeper for direct or indirect damage caused by visitors.
21.4. The Depositor shall indemnify the Warehouse Keeper for the claims of third parties, including the claims of the employees of the Warehouse Keeper and the Depositor, which are related to the damage resulting from the preceding paragraphs kahjuga.

22. HANDLING OF STORAGE UNITS
TING22

22.1. If the Depositor needs to carry out activities with the Storage Units, such as sampling, servicing, repackaging or restacking, sorting, weighing, etc., as well as deliver, they undertake to order these activities for a fee under appropriate conditions from the Warehouse Keeper in whose warehouse the Storage Units are stored.
22.2. The activities which the Warehouse Keeper does not wish to perform, may be performed by the Depositor with the consent of the Warehouse Keeper, or have these performed by a third party under the supervision and conditions of the Warehouse Keeper and by compensating the related costs of the Warehouse Keeper. The Warehouse Keeper is not responsible for the consequences of these actions.
22.3. A Storage Unit is always received and issued as a whole. Handling which causes a change in the properties or quantity of the Storage Unit shall be stated in the relevant document.
22.4. The Warehouse Keeper is paid for handling of goods or supervision of the handling stated in Certificate of Receipt and Delivery. The Warehouse Keeper may refuse to handle the Storage Units until all requirements are fulfilled.

23. SPECIAL METHOD OF HANDLING A STORAGE UNIT
TING23

23.1. The Warehouse Keeper is not obliged to take measures other than the measures that are considered normal for such storage in order to preserve the delivered Storage Unit or its packaging.
23.2. The Warehouse Keeper is obliged to take special measures only if such measures have been agreed upon.
23.3. However, the Warehouse Keeper has the right to act immediately at the expense and risk of the Depositor, including empty the warehouse, remove the Storage Units, destroy these or otherwise render harmless, should there be a reason to believe that a failure to do so could cause damage or loss of the Storage Units or other goods in the warehouse, damage the warehouse or equipment or cause injuries to people, or if such measures are necessary or indicated for any other reason, such as at the discretion of the Warehouse Keeper. The Warehouse Keeper shall immediately notify the Depositor of the measures taken without the latter having the right of claim against the Warehouse Keeper in case of unsuccessful notification.
23.4. The Depositor shall indemnify the Warehouse Keeper against third-party claims for damage caused by a Storage Unit of the Depositor to the goods or property of a third party, without prejudice to the application of the provisions of the preceding paragraph.
23.5. The Warehouse Keeper shall have the right to independently separate the Storage Units and, if necessary, hand these over to the employees of relevant organizations (Rescue Board, Police, etc.), should this be necessary and/or mandatory due to the characteristics of the goods and shipments or the regulations of public authorities. The Warehouse Keeper shall not compensate the Depositor for any damage incurred as a result of handing the Storage Units over to the relevant authorities.

24. NOTIFICATION OF A SPECIAL HANDLING METHOD
TING24

24.1. If the Warehouse Keeper carries out the activities specified in subsection 23 with the stored goods, they shall immediately notify the Depositor thereof without the Depositor having the right of claim against the Warehouse Keeper in case of unsuccessful notification.

TING25
25. DAMAGE AND LOSS OF A STORAGE UNIT

25.1. By accepting the General Terms and Conditions, the Depositor waives the right of claim against third parties arising from damage or loss of the Storage Unit. The Depositor can only hold the Warehouse Keeper responsible for damage or loss of the Storage Unit, even if the Warehouse Keeper has outsourced the services to third parties in the course of its operations. The following limitations apply to the liability of the Warehouse Keeper:
25.1.1. If a Storage Unit was damaged or lost during a burglary, the Warehouse Keeper shall be deemed to have demonstrated sufficient diligence, if they have ensured the normal closing of the storage location.
25.1.2. If a Storage Unit is stored outdoors with the Depositor's consent, or if the Storage Unit can only be stored outdoors, or if the Warehouse Keeper normally stores such goods at an outdoor storage area, they shall not be responsible for any damage resulting from such storage.
25.1.3. If a Storage Unit was damaged or lost due to rodents, birds, insects or other pests, the Warehouse Keeper shall be deemed to have demonstrated sufficient diligence, if they have carried out a routine pest control at the storage location.
25.2. The Warehouse Keeper shall not be liable for damage or loss caused by the following, regardless of the cause:
25.2.1. the natural characteristics of the Storage Unit, which may cause the Storage Unit to change in quality, deteriorate internally, become damp, dry out, leak, heat up, seep out, sweat, ferment, freeze, rust, break, as well as natural loss and insufficient packaging;
25.2.2. force majeure circumstances, such as government action, requisition, usurpation, strike, lockout, sabotage, riot, looting, power outage;
25.2.3. fire, smoke, explosion, radiation, water damage, burst water pipes, flooding, storm and generally any external calamity.
25.3. The Warehouse Keeper shall compensate the value of a lost Storage Unit at the value as of the day the damage was discovered.
25.4. In case of a damaged Storage Unit or a part thereof, the Warehouse Keeper shall compensate the difference between the value of the undamaged Storage Unit as of the day the damage was discovered and the value of the Storage Unit when damaged.
25.5. The damage to be compensated by the Warehouse Keeper cannot exceed the value of the damaged or lost Storage Unit at the time of its arrival in the warehouse; if this cannot be proven, the actual value of the Storage Unit shall be applied. The Warehouse Keeper shall never be liable for loss of revenue or other indirect damages.
25.6. If damage has occurred only in parts of the Storage Unit that can be defined as having an independent value (such as machine parts), or if one or more parts belonging in a set (such as furniture) have been damaged, the Warehouse Keeper shall compensate only the independent value of the damaged parts or items and the decrease in the value of the remaining parts or the undamaged Storage Unit shall not be taken into account.
25.7. The liability of the Warehouse Keeper is limited to the value of the Storage Unit, but in no case exceeding 2 SDR for each kilogram of the gross weight of the lost or damaged Storage Unit or part thereof, up to a maximum of 100,000 SDR per event or series of events with the same cause of loss.
25.8. Any right of claim for damages shall cease, should the Depositor or their representative not file a complaint at the time of receiving the Storage Unit.
25.9. The Depositor shall be responsible for damage to the goods, if caused by failure to fulfill or late or incorrect fulfillment of the obligations of the Depositor arising from the General Terms and Conditions or agreed between the Warehouse Keeper and the Depositor.
25.10. The liability of the Warehouse Keeper for damage resulting from the fulfillment of customs or other formalities is limited to 7,500 SDR per event or series of events with the same cause of damage.

26. NOTIFICATION OF THE DESTRUCTION OF STORAGE UNITS
TING26

26.1. In case of destruction of Storage Units due to fire or other reasons, the Warehouse Keeper shall immediately notify the Depositor, without the Depositor having the right of claim against the Warehouse Keeper in case of unsuccessful notification.

27. COMPENSATION FOR A LOST OR DAMAGED STORAEG UNIT
TING27

27.1. In case of loss or damage of a Storage Unit, subsection 25 shall apply, whereas the day of issue of the Acceptance Certificate shall be considered as the day, when the Storage Unit arrived at the warehouse.

28. CHARGING FOR STORAGE FEES IN CASE OF DESTRUCTION OF STORAGE UNITS
TING28

28.1. If the Storage Units stored at the warehouse are destroyed due to fire or any other reason, the day of destruction shall be considered as the day of issue of the Storage Units. The Depositor shall pay the storage fees and if the Storage Units were insured through the Warehouse Keeper, also the insurance premium and costs calculated in calendar months until the date of destruction of the Storage Units, the last date included.

INSURANCE
29. INSURANCE OBLIGATION OF THE WAREHOUSE KEEPER
TING29

29.1. The Warehouse Keeper shall not be obliged to insure the Storage Units, unless agreed upon in writing. If the Depositor orders insurance of the Storage Units from the Warehouse Keeper, this shall be effected at the expense of the Depositor in accordance with the provisions of subsection 30.

30. INSURING THE STORAGE UNIT
TING30

30.1. If the Warehouse Keeper and the Depositor have agreed that the Warehouse Keeper insures the Storage Units at the expense of the Depositor, the Warehouse Keeper has the right to insure the Storage Units at their own choice and on behalf of the Depositor or add such insurance to the storage insurance policy. The insurance value of the Storage Unit is named by the Depositor and is stated in the Acceptance Certificate. In all insurance cases the Warehouse Keeper is an intermediary without any liability and responsibility for the conditions agreed with the insurers, for the reliability or solvency of the latter.
30.2. In all cases where the Storage Unit is insured through the Warehouse Keeper, the Warehouse Keeper shall have the right to claim insurance compensation and to withhold from that all legitimate claims of the Warehouse Keeper and other parties against the Depositor. The balance of the insurance benefit shall be paid to the Depositor.
30.3. If the Storage Unit has been damaged or destroyed due to fire or any other reason, and the assistance of the Warehouse Keeper is advisable or necessary in assessing the damage or loss, the Warehouse Keeper shall provide it, receiving compensation for the incurred costs and a reward for its efforts. The Warehouse Keeper may make such assistance contingent upon an advance payment or provision of security for all claims and the costs and fees referred to in this paragraph, owed by the Depositor to the Warehouse Keeper.
30.4. The Depositor shall notify the Warehouse Keeper about the insured value.

31. CONCLUSION, MODIFICATION AND TERMINATION OF INSURANCE COVERAGE
TING31

31.1. Any changes in insurance terms and the termination of insurance are possible only if concluded in the form of a relevant written agreement.
31.2. If the Storage Unit is insured for a specified period and the Depositor does not express a wish to renew the insurance at the end of the period, the Warehouse Keeper shall not be obliged to renew the insurance contract.
31.3. The insurance of a Storage Unit shall expire automatically upon issuance of the Storage Unit.

RELEASING THE STORAGE UNITS
32. RIGHT TO REQUEST THE RELEASE OF A STORAGE UNIT
TING32

32.1. The Depositor has shall have the right to request the Warehouse Keeper to release a Storage Unit stored on behalf of the Depositor.
32.2. If the Acceptance Certificate does not contain a description of the quality, weight and size of the Storage Unit, the Warehouse Keeper shall not be responsible for any clause in the Acceptance Certificate concerning the quality, weight or size of the Storage Unit.
32.3. The Depositor shall hold all the rights to the Storage Units stored at the Warehouse Keeper, including in cases where bankruptcy, enforcement or any other legal claim proceedings have been initiated in relation to the Warehouse Keeper.
32.4. The Depositor shall not have the right to request the release of a Storage Unit stored in the name of the Depositor, as long as the Warehouse Keeper has a claim regarding the Storage Unit based on the General Terms and Conditions or until all customs and other formalities necessary for releasing the Storage Unit have been completed.

33. CONDITIONS FOR ISSUING STORAGE UNITS
TING33

33.1. Before the Warehouse Keeper issues to the Depositor in full or partially the Storage Units stored on their behalf, they have the right to request fulfillment of the following requirements:
       33.1.1. storage fees that have not yet been paid before the issue of the Storage Unit must be paid in the agreed amount from the last payment until the issue of the Storage Unit, in the case of monthly fee rates an incomplete month shall be deemed a full month;
       33.1.2. insurance premiums and costs which have not yet been paid before the issue of the Storage Unit must be paid at the rate of the insurance premium for the month specified in the Acceptance Certificate from the last payment until the issue of the Storage Unit, in the case of monthly insurance premiums an incomplete month shall be deemed a full month;
       33.1.3. Fees related to the issuance of the Storage Unit according to the charges of the Warehouse Keeper;
       33.1.4. costs and other expenses incurred by the Warehouse Keeper on behalf of the Depositor in connection with the customs or other formalities of the Storage Unit;
       33.1.5. all costs incurred by the Warehouse Keeper after the date of receiving the Storage Unit:
                 33.1.5.1. to maintain the Storage Unit;
                 33.1.5.2. to eliminate any hazards that the Storage Unit poses to the warehouse or to other goods stored there;
                 33.1.5.3. to apply measures against the Storage Unit, arising from circumstances for which the Warehouse Keeper cannot be held responsible;
       33.1.6. all other claims payable to the Warehouse Keeper.
33.2. Irrespective of the provisions of the above paragraphs, the Depositor shall pay storage fees, insurance premiums and costs at intervals agreed in the Contract. The costs of the Warehouse Keeper referred to in subsections 33.1.4 and 33.1.5 must be reimbursed as soon as the Warehouse Keeper has notified the Depositor thereof.
33.3. Should the Depositor not fulfill its obligations to the Warehouse Keeper on time, the Warehouse Keeper has the right to request interest on arrears 0.27% of the claim amount per each calendar day.

34. REMOVAL OF STORAGE UNITS
TING34

34.1. The Depositor may remove the Storage Units at any time after having fulfilled all the requirements of the Warehouse Keeper (in the broadest sense) and following the provisions of the General Terms and Conditions.
34.2. If storage was agreed for a certain time period, the Warehouse Keeper cannot request the Depositor to remove the Storage Units before the end of the agreed time period.
34.3. If the storage period has not been agreed or if the agreed storage period has passed, the Warehouse Keeper may request the removal of the Storage Units with one month's notice.
34.4. Should the Warehouse Keeper no longer wish to hold the Storage Units in the warehouse, they shall invite the Depositor to remove the Storage Units.
34.5. If the Depositor fails to collect the Storage Units within 30 days from the invitation or does not organize the removal of the Storage Units, the Warehouse Keeper shall have the right to sell the Storage Units. The sale shall take place pursuant to the provisions of subsection 37.
34.6. In case of force majeure, the Contract shall remain in force; however, the obligations of the Warehouse Keeper are suspended for the duration of the force majeure event.In case of force majeure, the Contract shall remain in force; however, the obligations of the Warehouse Keeper are suspended for the duration of the force majeure event.
34.7. The Certificate of issuance is drawn up in one copy signed by the Depositor at the time of handing over the Storage Units.

35. OBLIGATION OF EARLY REMOVAL OF STORAGE UNITS
TING35

35.1. In case of a valid reason, the Warehouse Keeper has the right to request at any time the removal of the Storage Units before the end of the storage period without observing the notice period.
35.2. A valid reason means circumstances under which it cannot be assumed that the storage could continue, based on a fair and reasonable assessment.
35.3. Regarding the removal of Storage Units, a valid reason is, among other, Depositor’s failure to comply with one or more provisions of the General Terms and Conditions or it becomes evident that the presence of these goods could cause a risk of loss and damage to other goods, storage location, equipment, or a risk of injury to people, and if the goods are perishable or prone to changes due to their nature and the Depositor has not provided instructions to prevent or control it.
35.4. The Depositor is obliged to pay the storage fees in full until the day of removal of the Storage Units.

OTHER CONDITIONS
36. LIEN
TING36

36.1. The Warehouse Keeper holds a lien on all Storage Units owned by or to be owned by the Depositor, in order to secure any claims arising from the Contract and previous transportation, forwarding and storage agreements concluded with the Depositor. The right of lien also extends to claims arising from the insurance contract concluded for the stored article and to the accompanying documents of the Storage Unit.
36.2. The right of lien of the Warehouse Keeper also extends to insurance settlements that they have received or will receive on behalf of the Depositor.
36.3. In creating the right of lien on the Storage Units, the Warehouse Keeper shall consider anyone delivering the Storage Unit for storage on behalf of the Depositor to be authorized by the Depositor.
36.4. In case of failure to settle a claim, the Storage Units secured by lien shall be sold in private or by auction pursuant to the procedure prescribed by law, in agreement with the Depositor.

37. PUBLIC SALE
TING37

37.1. The Warehouse Keeper shall have the right, without prejudice to the application of the provisions of the right of lien, to publicly sell the Storage Units entrusted to the care of the Warehouse Keeper, should the Depositor fail to remove the Storage Units after the expiry of the specified term or at any other time in case of an early removal of goods for a valid reason, as specified in subsection 35. Regarding the Storage Units entrusted to their care, the Warehouse Keeper shall have the right to sell or have these sold in a place, manner and under the conditions deemed appropriate by the Warehouse Keeper, publicly or in any other lawful manner. The sale shall be carried out at the expense of the Depositor, and the Warehouse Keeper shall cover from the proceeds any claims owned by the Depositor to the Warehouse Keeper.
37.2. Should it be likely that the cost of the sale will exceed the earnings, or if buyers cannot be found despite reasonable attempts to find them, the Warehouse Keeper shall have the right to remove or destroy the Storage Units. The Depositor shall be responsible for all the claims that have grown by the cost of organizing the public sale, removal or destruction of the Storage Units.
37.3. At the end of the sale, the Warehouse Keeper shall keep the remaining sales proceeds for the Depositor for five years after deducting all expenses and the debts of the Depositor. When this time has passed, the unclaimed proceeds shall remain with the Warehouse Keeper.

38. SUM OF CLAIMS
TING38

38.1. The Warehouse Keeper shall pay the claims from the Depositor after their own claims against the Depositor have been set off.

39. EXPIRY OF CLAIMS
TING39

39.1. Claims for loss, damage or reduction of the Storage Units or related general claims arising from the Contract expire in one year. Claims for damages caused intentionally or through gross negligence expire in three years.
39.2. If the Warehouse Keeper has not notified the Depositor of the damage or reduction of the Storage Units, the limitation period for the claim shall begin on the day the Warehouse Keeper issued the Storage Units from the warehouse to the Depositor. In case of complete loss of a Storage Unit or reported damage or reduction, the limitation period for the claim shall begin on the day, when the Warehouse Keeper notified the Depositor of the incident.

40. BEGINNING OF THE LIMITATION PERIOD OF CLAIMS
TING40

40.1. In the case of complete destruction or loss of the Storage Units, the limitation period shall begin in accordance with subsection 39 from the day, when the Warehouse Keeper notified the Depositor of the destruction or loss.

41. DELIVERY OR TRANSFER OF OWNERSHIP OF A STOR UNIT
TING41

41.1. The Warehouse Keeper shall not recognize the delivery or transfer of ownership or possession of the Storage Unit, or the delivery or transfer of the right to receive the Storage Unit to a third party until the Depositor has paid in full all the amounts owed to the Warehouse Keeper, and this shall bear no legal consequences for the Warehouse Keeper.
41.2. The Depositor is obliged to notify the Warehouse Keeper immediately in writing of the delivery or transfer of ownership of the Storage Unit.
41.3. Irrespective of the previous provisions, the delivery or transfer of the Storage Units shall have no legal significance for the Warehouse Keeper, and the Warehouse Keeper shall not recognize it in case the new owner has not approved in writing all the provisions and General Terms and Conditions of the Contract between the Warehouse Keeper and the original or new Warehouse Keeper. In such case, the Contract concluded with the previous owner shall be deemed to have been concluded with the new owner under the same conditions.
41.4. The Warehouse Keeper is not required to recognize the delivery or transfer of the Storage Unit, and they even have the right to cancel previous recognition and to refuse to release the Storage Unit, should they consider the delivery or transfer of the goods not to be legal or if the new Depositor has not approved the General Terms and Conditions and has not assumed the obligations arising from these.
41.5. In case of delivery or transfer of the Storage Unit, the original and new Depositor shall remain jointly and severally liable to the Warehouse Keeper for all claims of the Warehouse Keeper regarding the storage or handling of the Storage Unit, irrespective of whether such claims arise before or after the delivery or transfer of the Storage Unit or right.

42. FORCE MAJEURE
TING42

42.1. Force majeure shall mean circumstances beyond the control of the Parties and which the Parties could not and should not have foreseen (including, natural disasters, unusual weather conditions, martial law, strike, embargo, traffic hazards), whereas the Parties are obliged to take appropriate measures to avoid damage to the other Party and to ensure, as far as possible, the fulfillment of their obligations arising from and related to the Contract.
42.2. In the event of force majeure, the other Party must be notified thereof immediately in writing.
42.3. In the event of force majeure, the term for the provision of the service shall be extended by the period of the named circumstances.
42.4. Should the force majeure event last more than 90 days, the Contract shall be deemed terminated due to the impossibility of performance. In such case, neither Party shall have the right to request from the other Party compensation for damages or costs caused by non-performance or improper performance of the Contract as a result of force majeure.

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