General Terms of Services
PART I: General rules
- These Terms and Conditions (TaC) of the contract with the users of universal postal services rendered by BRZA PRATKA, called “Courier”, regulating the rights, obligations and responsibilities of the parties to the contract during the performance and use of universal postal services.
- Users of universal postal services rendered by Courier, can be all individual entities or companies.
- Parties to item 1 can negotiate other conditions for the provision of universal postal services, they will conclude in individual agreements and will be integral part of TaC.
PART II: Scope and character of services
- General Conditions apply to:
– Courier services provided by Courier in the Republic of Macedonia –
common and additional, as described in the tariff for courier services of the company service provider.
PART III: Rules on Access
- Courier guarantees equal access to the users to its postal network and all services.
- Post shipments are received from the sender’s address or to the offices of the Courier throughout the country within the specified time from said Courier, which is placed in a prominent and accessible place for all users in Couriers offices and other informative mediums.
- The contract for courier service is composed of two parts – the bill of lading and these TaC and be considered: – Signed by receiving the shipment from the sender, and authenticated by the signatures of the sender and the courier on the waybill; – Filled with delivering the consignment to the consignee and certified by signatures of the recipient and the courier waybill.
PART IV: Quality and efficiency of service
- Courier is hired when you order delivery according to the valid Tarif, only in cases when the information given on the waybill are correct, like name, address, phone of receiver of cargo.
- Courier guarantees protection of correspondence to customers, both during the execution of the courier service, and after thereof.
- Courer shall take the necessary measures for the safety and protection of postal consignments to prevent the receipt, transmission and delivery through its network of prohibited objects and substances.
- The types of services provided by the postal operator are described in tariff is an integral part of these terms and conditions.
- The deadlines for payment of the purchase are equal to those of the courier delivery, and begin to run from the date of its registration in the waybill as accepted by Courier.
PART V: Prices and ways payment
- Prices on usual and additional courier services are provided in the general Tarif or in the individual agreements by the Courier to the end user according to point 3 of this ToC. All prices stated in individual agreements can`t be higher than in the Tarif.
- The price of service can be played in cash or via bank transfer upon delivery, they can also be payed, in agreement with Courier, in other ways and in other deadlines.
Part VI: Terms for accepting and delivering of cargo
- Courier shipments are received and transmitted by Courier to senders and recipients directly, under the terms of the consignment note at the address or the offices of the Courier.
- When sending the shipment, all data in the manifest is completed according to data provided by the sender and he takes full responsibility for their accuracy and reaffirms its own signature – Validating input data; – It takes full responsibility if it is incorrect or misleading; – Confirms he is familiar with the TaC and they are part of the contract of carriage.
- Each Courier shipment is transmitted to the recipient in person or in his absence the person who commits before the courier to deliver. This receipt is displayed on consignment.
- If the recipient refuses to receive the parcel, he entered it in the bill of lading and signs it. If he refuses to sign, confirmation is given by the representative of the Courier.
- Shipment undelivered due to wrong data, refusal or departure of the recipient, returned to the sender at his expense. If he refuses to receive it within 7 days from shipment will be destroyed.
Part VII: Rights and obligations of Courier, sender and receiver of courier services
- Courier has the following rights and obligations:
20.1 Courier is obliged to give to the users useful information about all services, including their prices and also to give to the users reports about the conditions and order of the services given. The TaC and the Tarif must be published on a public and visible place on the ground of the Courier, and also on digital platforms owned by the Courier.
20.2 After accepted and approved refund Courier is obliged to execute a full refund according to the TaC.
20.3 Courier is obliged to acquire the full amount payed by the sender according to the parameters of the TaC.
20.4 The Courier has the right to organize and implement the reception. Process, transport and deliver of cargo using ways, transport means or hired outside associates for whom Courier believes the optimal conditions are met.
20.5 Courier has the right to repack the cargo whose integrity is violated with the goal to preserve the content of the cargo.
20.6 Under suspicion of illegal objects or matters placed inside the cargo, Courier has the right to make an inspection of the content in the presence of the sender or with his sighed written consent, or to report the cargo to the authorities if the cargo is already received by the Courier.
20.7 Courier is obliged to execute additional request by the Sender if they don’t violate the organizational structure of delivery.21. The Sender and Receiver of courier services have the following rights and obligations:
21.1. The Sender as the legal owner of the cargo has the right to change the address and conditions until the point when the cargo is delivered to the Receiver. All charges made from the changes are covered by the Courier.
21.2 In regards to point 21.1 Courier allows the option of changing address of Receiver only as far as the same city or village.
21.3 The sender is obliged to pack the cargo and get it ready for transport. All risks of damage that come from inadequate packing are his responsibility. If is requested by the Sender the Courier can help with useful tips and guidance for packing according with the Tarif.
21.4 For cargo heavier than 30kg the sender is obliged to procure in loading and unloading of the cargo.
21.5 Senders are responsible for any damages caused by the cargo to the property or staff of Courier or other legal entities. The responsibility is in the amount of the damages made.
21.6 Senders must pay the full amount of services rendered if the same amount the Receiver denies to pay.
21.7 Senders and Receivers have the right to be informed about the status and location of their cargo, to file applies or refunds in the case of damages caused by the Courier in accordance with part IX of TaC.
21.8 Courier is not liable for the content of the cargo in regards of legal documentation like invoices, receipts or similar which is send between sender and receiver and which is placed inside the cargo.
Part IX: Procedure for refund and compensation
- Refund application can be filed to Currier only in regard of incomplete, inaccurate or unorderly implementation of the agreed cargo service in maximum of 30 days of said received refund application. For refund applicants can be:
23.1 Sender of cargo, and after its delivery Receiver,
23.2 Until delivered, the Receiver has the right to return or compensate only with the written consent from the Sender,
23-3 After delivered, the Sender has the right to return or compensate only with the written consent from the Receiver,
24 If the Sender of the cargo gave incomplete data, incorrect address or phone of the Receiver, the Courier is not obliged by the previously stated deadline f delivery.
25. Courier is free of responsibility for every responsibility in case of natural or other circumstances like strikes, war, floods etc.
26. Refund is valid only if the conditions stated in article 23 of the valid and current TaC are met, if the service is fully payed, all the proper documents are filed, such as: 1. Protocol reviewed and accepted by Curier and client, 2. Refund application, 3. Invoice stating the value of the cargo.
27. Refund for partially lost or damaged content of the cargo or disrespected deadline of delivery is implemented by signing the waybill and the protocol in the moment of accepting the cargo by the Receiver. The Courier is obligated to give time for the Receiver to inspect the cargo before accepting it.
28. The refund amount that is regarding partial damage or missing cargo, which is without publicized value is then valued on spot by the courier and is in the amount of the real value but not higher than ten times the value of the courier service.
29. Compensation for refund for cargo that has publicized value is set by the Courier and it can exceed ten times the value of the service.
30. Refund for loosing, destruction or theft of cargo without set value is set by the Courier and is set at ten times the value of the service.
31. Refund for loosing, destruction or theft of cargo with set value is set by the Courier and is set at the stated value.
32. Compensation for disrespecting a deadline for delivery is set by the Tarif of the Courier.
33. The Courier is obliged after successfully filed application for refund to respond in 14 working day and inform the client about the results of his application.
34. In the case of transport of cargo with declared value, if there is a mismatch between the given information on the waybill and the original documents the Courier by default assumes that there is not a valid application for refund and keeps the right to make the application void for the stated amount.
35. In the case of payed refund in the amount stated in the declared value the Courier becomes the sole owner of the cargo. The client in obliged to give the cargo over in the moment of compensation.
36. The time to make the compensation is 3 working days from the day of the signing of bilateral agreement between the Courier and the Client. The agreement is sent to the client by the Courier along with the letter statement of completed refund.
Part X: Procedure for Dispute Resolution
37. Disputes between users and Courier are solved on the basis of a good partnership, cooperation through negotiations and additional agreements. In the lack of agreement, either party may request the assistance of valid authorities or submit the dispute settlement before the competent court of Macedonia.