Primaco.eu > General Terms and Conditions

 

GENERAL TERMS OF SERVICE

PROVIDED BY PRIMACOŠPED D.O.O. from June 4th , 2025

 

  1. GENERAL PROVISIONS

1.1.       These General Terms of Service (hereinafter: Terms of Service) apply to all logistics, shipping, transport, as well as customs clearance services provided by PRIMACOŠPED d.o.o., Jankomir 25, Zagreb, identification number (OIB): 92921096103 (hereinafter: “PRIMACO”).

1.2.       In addition to PRIMACO’s Terms of Service, the General Conditions of the International Freight Forwarders in Croatia, 2005 (Croatian Chamber of Economy, International Freight Forwarders Association) in force at that time apply insofar as they do not contradict these Terms of Service.

1.3.       Certain deviations from these Terms of Service may be prescribed in a specific agreement between PRIMACO and the client, in which case the agreement between the parties shall prevail.

1.4.       These Terms of Service apply accordingly with regard to services in Article 1.1. agreed with the client.

 

  1. OFFER

2.1.       An offer is based on prices, tariffs and exchange rates in force at the time the offer is provided and shall remain valid up to the acceptance deadline.

2.2.       Should market conditions lead to changes in prices, tariffs and exchange rates in the period between the provision of the offer and contracting party’s acceptance, PRIMACO reserves the right to withdraw from the agreement (unilateral termination) without any adverse consequences (unless the parties agree otherwise).

2.3.       Offers are confidential, valid exclusively for the consignee to which they are addressed and covering solely the services explicitly stated.

2.4.       The offer must explicitly and unambiguously stipulate a lump (fixed) sum dispatch.

2.5.       When drawing up the Offer, PRIMACO is not obliged to check the data obtained from the contracting party.

2.6.       Offers are issued on the basis of the data obtained from the contracting party.

2.7.       The contracting party is obliged to advise PRIMACO of the following:

– potential risks or legal prohibitions related to the goods being transported and/or dispatched (e.g. export/import restrictions, transport restrictions, intellectual property rights, etc.)

– nature of the goods being transported and/or dispatched (hazardous substances, valuables, temperature requirements during transport and the like).

2.8.       Where the above applies, including, inter alia, absence of adequate insurance, PRIMACO is not obliged to perform or continue to perform the service.

2.9.       In the event of the contracting party’s oversight, that is infringement of the provisions stated in Article 2.7. of the Terms of Service, the contracting party shall be held liable for any and all damage suffered (save in the event of willful or gross negligence on behalf of PRIMACO).

2.10.     Information provided by PRIMACO regarding the time and date of delivery, customs duties, fees, taxes, etc. shall be interpreted without any obligation.

 

  1. ORDER

3.1.       Consignment dispatch and delivery, as well as related activities, shall be performed on the basis of an order or disposition of the client as the contracting party.

3.2.       An order shall contain all the required information on the consignment, its properties and quantities, exact instructions for dispatch and performance of services related to dispatch, full address and consignee contact information, as well as other information required for proper and timely completion of the service/order.

3.3.       An order is generally provided in writing. An order provided orally or by telephone should generally be confirmed in writing.

3.4.       Should the actual consignment properties (e.g. dimensions, weight, nature of the goods, etc.) deviate from the data provided by the contracting party, PRIMACO will consequently inform the contracting party with a view to amend the agreed terms.

3.5. Should the contracting party fail to respond to PRIMACO within a reasonable time, or shortage of time or other causes preclude PRIMACO from seeking the contracting party’s consent, that is, obtaining consent presents other difficulties, PRIMACO is entitled to deviate from the order and instructions, provided that upon assessment of all circumstances it justifiably deems it in the contracting party’s interest and at the contracting party’s risk.

3.6.       If it is not feasible to act according to instructions contained in the order and/or aforementioned instructions are imprecise and/or do not conform to the agreement, PRIMACO is obliged to request new ones. Should that be precluded by time constraints or the aforementioned is for any reason unfeasible, that is, if it presents other difficulties, PRIMACO is obliged to act in the contracting party’s interest and at the contracting party’s risk. PRIMACO is obliged to inform the contracting party regarding any deviations from the order, without delay.

3.7.       When the contracting party amends an order whose execution has already begun, PRIMACO will act on the amended order if feasible, without liability for the consequences caused by the amendments to the order.

3.8.       When PRIMACO receives an order, it shall be deemed that it has been given the authority to pay the freight rates, fees and other costs as well. The contracting party is obliged to make the funds required to cover the aforementioned costs pursuant to the contractual deadlines available to PRIMACO, in a timely manner. Otherwise, the contracting party shall bear the consequences arising from the said oversight.

3.9.       The contracting party shall bear all consequences arising from inaccurate, incomplete, unclear, contradictory and delayed provision of the order. The contracting party’s submission of the required documents shall not be considered timely even when their business partner failed to submit such information in a timely manner.

3.10.     PRIMACO is not responsible for hidden document deficiencies. Any and all adverse consequences arising from deficient documents or untimely submission of documents to PRIMACO shall be borne by the contracting party.

3.11.     When the contracting party cancels the order, they are obliged to reimburse PRIMACO for the services already performed, as well as for the actual costs incurred.

3.12.     PRIMACO has the explicit right and authority to consign the execution of the order to another freight forwarder.

 

  1. CONSIGNMENT ADMISSION AND DELIVERY

4.1.       It is deemed that PRIMACO received the consignment upon collection for dispatch, and that the handover of the consignment had been performed upon handover to the carrier (barring it performing transport services as well).

4.2.       Unless otherwise agreed, PRIMACO may carry out the transport in whole or in part. Provided that it does carry out transport, PRIMACO has the rights and obligations of a carrier.

4.3.       PRIMACO shall not be obliged to hand over or take over the consignment with the provision of a guarantee.

4.4.       If an agreement for the consignment transport by sea has been concluded, the contracting party is furthermore obliged to agree on the conditions of the consignment loading and unloading, provided that the agreed parity implies the aforementioned. In any event, the contracting party bears the costs incurred by the port facility or shipper not meeting the usual port loading and unloading conditions. Additionally, the contracting party shall bear the costs incurred due to congestion of the ports, docks, marshalling yards, collection centers and other congested sites, lack of storage space, lack of means of transport, waiting for ships and other means of transport in ports and railway stations, overtime work, waiting during official holidays, non-business days and work interruptions due to bad weather conditions or force majeure.

4.5.       PRIMACO shall not be responsible for notifying the shipper and their agent on the movement and arrival of the ship, nor for notifying other carriers.

4.6.       If an agreement for consignment transport by air has been concluded, the contracting party is furthermore obliged to agree on the conditions of the consignment loading and unloading, provided that the agreed parity implies the aforementioned. In any event, the contracting party bears the costs incurred by the airport or air carrier not meeting the usual airport loading and unloading conditions. Additionally, the contracting party shall bear the costs incurred due to congestion of the airports, marshalling yards, collection centers and other congested sites, lack of storage space, lack of means of transport, waiting for airplanes at the airport and other means of transport in ports and railway stations, overtime work, waiting during official holidays, non-business days and work interruptions due to bad weather conditions or force majeure.

4.7.       The cost of demurrage of means of transport for consignments whose transport documents specify PRIMACO as the consignee, which did not arise through PRIMACO’s proven culpability, shall be borne by the contracting party, with the right to claim damages from the organization (freight forwarding partner) responsible for the demurrage that occurred.

 

  1. TRANSPORT AND ACCOMPANYING DOCUMENTS

5.1.       With regard to the documents required for consignment dispatch/transport, PRIMACO may use existing standard documents – forms common in certain transport industries.

5.2.       Provided that the documents stated in Article 5.1. of the Terms of Service contain clauses reducing or excluding carrier liability, PRIMACO shall not be held liable for those reductions or exclusions and is not obliged to bear the aforementioned.

5.3.       PRIMACO shall not review the validity of the authority of the issuer of supporting documents, nor the order signatory.

 

  1. SELECTION OF THE MOST FAVORABLE MODE OF TRANSPORT (INSTRADATION)

6.1.       When the dispatch order does not contain an order regarding the transport route and means of transport, PRIMACO is authorized to select or combine the options most favorable for the contracting party.

6.2.       PRIMACO may ship the units collectively, unless it has received an explicit and written order stating otherwise.

6.3.       In the delivery agreement/sales agreement, and in accordance with the parity in said agreement, the contracting party shall oblige their partner to follow the instructions provided by PRIMACO regarding the transport and/or dispatch of goods. PRIMACO is not liable for damages in the case of the contracting party’s partner failure to comply with PRIMACO’s instructions.

 

  1. DEADLINES

PRIMACO is liable for dispatch or delivery deadline solely provided that it has expressly undertaken to do so, and within the limits of the liability of the carrier and other parties commissioned for the consignment transport and/or dispatch.

 

  1. PACKAGING INSPECTION

8.1.       The contracting party or the entity with which it entered into a business relationship is obliged to pack the goods for dispatch in accordance with their nature and characteristics, as well as the requirements of the transport route and means of transport.

8.2.       The contracting party or the entity with which it entered into a business relationship shall pay particular attention to the manner of packing, so that the goods do not damage remaining goods for dispatch and so that any damage or endangerment to the safety of people or property and/or third party property at PRIMACO’s disposal does not occur.

8.3.       Upon consignment collection//loading by agents PRIMACO may commission in the capacity of subcontractor (freight forwarding partner), PRIMACO is not obliged to ascertain whether the consignment is damaged, flawed or faulty.

8.4.       PRIMACO is not obliged to advise the contracting party regarding packaging defects (if the goods have not been packed or otherwise properly prepared for transport); however, it does reserve the right to remedy those on the behalf of the contracting party (provided it has been made possible for PRIMACO to be present during loading).

8.5.       When performing transport services or performing transport services in freight forwarding, PRIMACO:

  1. a) is not liable for packaging defects and the resulting damage if it has not been made possible for PRIMACO’s driver to be present during loading
  2. b) is obliged to advise the contracting party of noticeable packaging defects (if it has been made possible for PRIMACO’s driver to be present during loading), but it shall not be held liable for the damage if the contracting party requested PRIMACO accept the consignment for transport with the defects of which it has been informed.

 

  1. PACKAGING MATERIALS

9.1.       All packaging materials (pallets, hooks, boxes, containers etc.) must be returned undamaged, cleaned and with no permanent labels, markings, numbers or contamination. Otherwise, all costs shall be charged to the contracting party.

9.2.       The provision in Article 9.1. of the Terms of Service does not apply when the packaging materials are charged separately to the contracting party.

9.3.       Replacement of pallets, boxes or any other packaging material during consignment collection or delivery shall be performed by PRIMACO solely in cases when a specific written agreement has been concluded.

 

  1. CUSTOMS CLEARANCE

10.1.     By issuing an order for the consignment dispatch, an order for customs clearance shall be deemed to have been provided as well, unless otherwise expressly agreed in writing.

10.2.     In the course of the customs clearance procedure, PRIMACO acts in the name and on behalf of the contracting party (direct representation) or in its own name, and on behalf of the contracting party (indirect representation).

10.3.     PRIMACO shall submit customs documents on the basis of the contracting party’s or their business partner’s data, and shall not be held liable if the data do not coincide with the actual circumstances; otherwise, the contracting party is obliged to compensate PRIMACO for any and all damage incurred thereby.

10.4.     PRIMACO is entitled to a special fee for performing customs representation services.

10.5.     The customs clearance order does not state that PRIMACO is obliged to pay customs fees on behalf of the contracting party. In the event of defraying any customs fees on the contracting party’s behalf, the contracting party is obliged to defray the aforementioned to PRIMACO immediately or in accordance with the agreed deadlines.

10.6.     Unless otherwise specified in the order or by regulations, PRIMACO determines the location of customs clearance.

10.7.     PRIMACO shall take legal action (e.g., in the case of customs measures, goods confiscation etc.) solely in the case of an explicit and justified order, and upon receipt of adequate guarantees/assurances.

 

  1. SERVICE FEES AND EXPENSES REIMBURSEMENT

11.1.     PRIMACO is entitled to fees for its services and to reimbursement of its expenses. The fee is determined by a tariff, an offer/order acceptance or a specific agreement.

11.2.     All prices are stated excluding VAT or any other taxes or fees. Unless otherwise agreed in writing, invoices are due upon receipt.

11.3.     In the event of an agreed payment deferment, PRIMACO may make the performance of further services subject to not exceeding the set credit limits.

11.4.     Unless otherwise agreed, the following types of expenses shall not be deferred: VAT, other taxes and tolls, customs duties or expenses, demurrage, withheld amounts, crossing fees and the like.

11.5.     Invoice complaints must be submitted to PRIMACO in writing within 8 days after the receipt, otherwise the invoice shall be deemed to have been accepted in full. When the contracting party disputes the invoice only in part, it is obliged to defray the undisputed part of the invoice in accordance with the due date indicated on the invoice. In the event of late payment, PRIMACO reserves the right to calculate legal default interest.

11.6.     When PRIMACO, called upon before the statute of limitations has passed, makes additional justified payments in the name of freight rates, customs duties, storage fees, demurrage and the like, which have been previously disbursed in a smaller amount, the contracting party is obliged to compensate PRIMACO for the additional payments, provided that the offer/acceptance of the offer does not encompass the aforementioned expenditures.

11.7. PRIMACO has the right to increased fees in the following instances:

  1. a) stated in Article 3.5. of the Terms of Service (if justified)
  2. b) stated in Article 3.6. of the Terms of Service (if justified)
  3. c) stated in Article 3.7. of the Terms of Service
  4. d) when it deposits its own funds during order execution
  5. e) when it acts in the contracting party’s interest during any unforeseen circumstances which could not have been anticipated and which arose through no fault of its own (if justified)

11.8.     Increased fees shall be implemented:

  1. a) in the events stipulated in Article 11.7. subparagraphs c) and d), pursuant to current PRIMACO rates or the agreement with the contracting party
  2. b) in the events stipulated in Article 11. 7. subparagraphs a), b) and e), pursuant to current PRIMACO rates or the agreement with the contracting party, and in the absence of the aforementioned, in the appropriate sum pursuant to market conditions and circumstances of the individual case.

11.9.     PRIMACO has the right to actual costs incurred in the following instances:

  1. a) Article 11.6. of the Terms of Service
  2. b) Article 11.7. of the Terms of Service
  3. c) when explicitly stipulated by Terms of Service.

11.10.   PRIMACO has the right to special fees in the following instances:

  1. a) Article 10.4. of the Terms of Service
  2. b) Article 13.6. of the Terms of Service.

 

  1. INSURANCE

12.1.     Cargo insurance must be explicitly obtained by a special agreement and the consignment value indicator in the dispatch order shall not be deemed an insurance order.

12.2.     The insurance of one consignment of the contracting party does not entail the creation of an obligation for PRIMACO to insure all subsequent consignments of that contracting party.

12.3.     At the contracting party’s request, PRIMACO shall set up cargo insurance that covers the damage/loss up to the full value of the consignment. When the insurance order does not contain specific risks that ought to be covered by insurance, only the principal risks shall be covered.

12.4.     The cost of cargo insurance is wholly borne by the contracting party.

12.5.     If the contracting party does not provide an insurance order, potential adverse consequences resulting from it shall be borne solely by the contracting party.

 

  1. PRIMACO’S LIABILITY

13.1.     PRIMACO’s liability is limited or excluded.

13.2.     PRIMACO is liable for carrier selection, as well as the selection of other persons with which it concluded an agreement during order execution (consignment storing and the like), but it shall not be held liable for their work, unless it has contractually assumed such liability.

13.3.     PRIMACO, in the event stipulated in Article 3.12. is liable solely for freight forwarder selection, unless it has assumed liability for their work.

13.4.     PRIMACO does not assume liability:

  1. a) when explicitly stipulated by Terms of Service
  2. b) for damage caused by force majeure
  3. c) for damage caused by the properties of the goods
  4. d) for any complaints related to the consignment confiscation or retention during dispatch/transport by customs or other competent governmental authorities
  5. e) for common/direct damage that may be incurred at the expense of the contracting party and/or consignor and/or consignee due to: losing, damaging and/or reducing consignment contents or the failure to perform the services by the entities it commissioned to execute the dispatch order
  6. f) for consignor’s and/or consignee’s indirect damage, such as, but not limited to, revenue/profit loss or market loss.

13.5.     Data relating to the consignment value in orders, invoices, transport documents and other documents, in the absence of PRIMACO’s explicit written consent, do not increase PRIMACO’s liability. PRIMACO shall never accept greater liability without the express agreement in writing.

13.6.     PRIMACO shall not be held liable for incorrectly calculated freights, customs and other public fees by the competent authorities and PRIMACO is obliged to submit a complaint solely if the contracting party explicitly requests it. In such a case, the contracting party is obliged to hand over to PRIMACO any and all transport, customs and other documents required for filing a complaint.

13.7.     Provided that the liability limits are not more favorably defined by Croatian positive regulations, PRIMACO’s liability is pursuant to General Conditions of the International Freight Forwarders Association of Croatia and in no way can it extend above the liability limits of international transport conventions, as follows:

  1. a) The Convention on the Contract for the International Carriage of Goods by Road (CMR) / 8.33 special drawing rights (SDR) per kilogram of gross weight on the day damage occurred
  2. b) The Warsaw Convention (WC) and accompanying conventions and protocols (the Warsaw System), and The Montreal Convention (MC) / at present, 26 special drawing rights (SDR) per kilogram of gross weight on the day damage occurred
  3. c) The Convention Concerning International Carriage by Rail (COTIF) / at present, 17 special drawing rights (SDR) per kilogram of gross weight on the day when damage occurred
  4. d) Hague and Hague-Visby Rules / at present, 666.67 special drawing rights (SDR) per package or unit of damaged, incomplete or lost cargo, or 2 special drawing rights (SDR) per kilogram of gross weight on the day when damage occurred
  5. e) applicable BL (Bill of Lading) conditions and AWB (Air Waybill) conditions.

 

  1. CONTRACTING PARTY’S LIABILITY

14.1.     The contracting party shall be held liable for damage or adverse consequences when specified by the Terms of Service.

14.2.     The contracting party shall be held liable for any and all damage their goods caused other goods, facilities and equipment of PRIMACO or third parties, as well as for injury or death of PRIMACO’s employees and others, provided that they occurred as a consequence of the following:

  1. a) if the consignment contained dangerous objects, objects whose transport is explicitly prohibited or should be performed pursuant to special regulations
  2. b) if the contracting party failed to comply with prescribed legal requirements for dispatching certain goods and
  3. c) if the goods have not been packaged in accordance with their nature and characteristics, as well as the requirements of the transport route and means of transport.

 

  1. LIEN AND RIGHTS OF PLEDGE

PRIMACO reserves the right to retain the goods of the contracting party in order to ensure the payment of its receivables until the contracting party settles its claims. PRIMACO reserves the right to retain so long as they remain in its possession, i.e. so long as it possesses a document on the basis of which it can retain such goods at its disposal.

 

  1. DATA PROTECTION

By contracting an order, the contracting party agrees that their personal data be electronically processed and stored in the PRIMACO group, and that they may be contacted by PRIMACO for marketing purposes related to product and service offers. Said consent may be withdrawn at any time. The data shall be treated as strictly confidential and shall not be passed on to third parties, unless it is required for the proper performance of the relevant service or provided that it is required by governmental authorities and/or bodies on a legitimate basis.

 

  1. MISCELLANEOUS

17.1.     A provision of these Terms of Service that would potentially be determined as errant shall not in any shape or form affect other Terms of Service provisions, nor will it render ineffective or invalidate any of the other Terms of Service provisions and such other Terms of Service provisions shall remain in force.

17.2.     Waiving (once or repeatedly) the application of any provision of these Terms of Service shall not be interpreted as a waiver of any provision or right.

17.3.     By accepting the offer drawn up by PRIMACO, the parties enter into a Freight Forwarding Agreement in accordance with Articles 849 and 856 of the Civil Obligations Act.

17.4.     These Terms of Service, international agreements and conventions, as well as Croatian laws and applicable EU regulations shall apply for any and all contracts with PRIMACO, unless otherwise explicitly agreed.

17.5.     In the event of a dispute, the competent court in Zagreb shall have jurisdiction.

17.6.     These Terms of Service are in effect as of 15th of May 2025.

 

 

General Terms and Conditions from September 1st, 2021 until June 4th  , 2025

Application

General Terms and Conditions apply to all logistics, shipping and transport services provided by PRIMACOŠPED d.o.o., Jankomir 25, Zagreb (“PRIMACO”). In addition to the PRIMACO General Terms and Conditions, the General Terms and Conditions of the International Freight Forwarders in Croatia (HGK) in force at that time also apply insofar as they do not contradict these General Terms and Conditions. Certain deviations from these General Terms and Conditions may be prescribed in a separate agreement between PRIMACO and the client, in which case the agreement between the parties shall prevail.

Offers

Offers are based on prices, tariffs, and exchange rates valid at the time of the provision of the offer, they are valid until the deadline for their acceptance, and are non-binding until the confirmation of each order by PRIMACO, i.e. until the AWB transfer (air waybill) for air transport under the Montreal Convention. Offers are confidential and are valid only for the consignee to which they are addressed, and they cover solely the services that are explicitly stated in it. In case of unauthorized disclosure to third parties, a contractual penalty in the amount of EUR 5,000.00 may be claimed (which does not affect the right to recover damages).

When drawing up an offer, PRIMACO is not obliged to check the data obtained from the contracting party. Offers are issued on the basis of the data obtained from the contracting party, and PRIMACO reserves the right to unilaterally modify them in accordance with the actual characteristics of the goods (e.g. dimensions, hazardous substances etc.). The contracting party is obliged to provide a warning concerning possible risks or legal prohibitions related to their goods (e.g. export/import prohibitions, intellectual property rights etc.), and shall be responsible for any damage in the event of failure. In case of any legal uncertainty or risk (inter alia, absence of insurance), PRIMACO is not obliged to perform or continue to perform the service on the basis of a confirmed order. Information on the time and date of delivery, customs duties, fees, taxes etc. shall be interpreted without any obligation.

Order

Dispatch and delivery of goods, as well as related activities, shall be performed on the basis of an order or disposition. The order shall contain all the necessary information on the goods, their properties, accurate instructions regarding their dispatch and execution of services related to the dispatch, as well as other information necessary for the correct and timely execution of the order.

The order is usually provided in writing. The order provided orally or by telephone should in general be confirmed in writing.

When PRIMACO receives an order, it shall be considered that it has also been given the authority to pay for freight, fees and other costs. The contracting party is obliged to make the funds necessary to cover said costs available to the shipper in a timely manner. Otherwise, the contracting party shall bear the consequences.

The contracting party shall bear all consequences arising from the wrong, incomplete, unclear, contradictory and delayed provision of the order. The contracting party’s submission of the necessary documents shall not be considered timely even when their business partner failed to submit such information in a timely manner.

PRIMACO is not responsible for hidden document deficiencies. Any consequence arising from deficient documents, or due to late submission of documents to the shipper shall be borne by the contracting party.

PRIMACO shall not be obliged to hand over or take over the goods with the provision of a guarantee.

When the contracting party modifier an order whose execution has already begun, PRIMACO will act on the modified order if possible, without liability for the consequences caused by the modifications of the order.

When the contracting party cancels the order, they are obliged to pay PRIMACO a fee for the services already performed, and a fee for the costs incurred.

Admission and delivery of goods

It is considered that PRIMACO received the goods when they were collected for dispatch, and that the handover of the goods was performed when they were handed over to the shipper.

Unless otherwise agreed, PRIMACO may carry out the transport in whole or in part. Whomever carries out the transport, they assume the rights and obligations of the carrier.

If an agreement for the transport of goods by sea has been concluded, the contracting party is also obliged to agree on the usual conditions of loading and unloading in the respective ports. The contracting party bears the costs incurred by the port facility or shipper not meeting the usual loading and unloading conditions of the port. The contracting party shall bear the costs incurred due to congestion of the ports, docks, marshalling yards, collection centers and other busy places, lack of storage space, lack of means of transport, waiting for ships and other means of transport in ports and railway stations, overtime work, waiting during official holidays, non-work days, and interruptions of work due to bad weather or other type of force majeure.

PRIMACO shall not be responsible for notifying the shipper and their agent on the movement and arrival of the ship, nor for notifying other carriers.

Demurrage of means of transport for consignments for which PRIMACO is the consignee according to transport documents, which did not arise through proven guilt of PRIMACO, shall be borne by the contracting party, with the right to claim damages from the organization responsible for the demurrage that occurred.

Transport and accompanying documents

With regard to the documents required for the transport of goods, PRIMACO may use existing standard documents – forms that are common in certain transport industries. If there are clauses in these documents that reduce or exclude the liability of the carrier, PRIMACO shall not be responsible for such obligations.

PRIMACO shall not review the validity of the authority of the issuer of supporting documents, nor the signatory of the order.

Upon receipt of the order, PRIMACO shall not review whether there are legal or other obstacles to the dispatch of goods, or whether there are import, export, transit restrictions and the like. Therefore, any costs pertaining to it shall be borne by the principal.

Selection of the most favorable mode of transport

When the dispatch order does not contain an order on the transport route, means of transport and procedure for shipment of goods, PRIMACO is authorized to select or combine the options that will be most favorable for the contracting party.

PRIMACO may ship the units using consolidated transport, unless it has received an explicit and written order stating otherwise.

In the sales agreement, and in accordance with the parity from said agreement, the contracting party shall oblige their partner to follow the instructions provided to them by PRIMACO regarding the transport of goods. PRIMACO is not liable for damages if the contracting party’s partner fails to comply with PRIMACO’s instructions.

Deadlines

PRIMACO is liable for the deadline for dispatch or delivery only if it has expressly undertaken to do so, and within the limits of the responsibility of the carrier and other participants involved in the transport of the goods.

Packaging inspection

The contracting party is obliged to pack the goods which are the subject of dispatch in accordance with its nature, characteristics and the needs of the transport route and means of transport. When packing the goods, the contracting party shall pay particular attention to the manner of packaging of goods, in order not to cause damage to other goods which are the subject of dispatch, to third party property at the disposal of PRIMACO, and that there is no negative impact on the safety and health of persons.

When collecting/loading goods, whether directly from PRIMACO or an agent that PRIMACO may engage as a subcontractor, PRIMACO is not obliged to verify whether the goods are damaged or defective, or whether the packaging is suitable for transport (except for obvious damages).

This applies in particular to air transport, additional consignment checks, including the opening of individual consignments, only in cases in which it was explicitly ordered by the contracting party. In the event that PRIMACO is involved in performing such checks, PRIMACO shall be liable only in the event of gross negligence or intent.

Packaging materials

All packaging materials (pallets, hooks, boxes, containers etc.) must be returned undamaged, cleaned and with no permanent labels, markings, numbers or contamination. Otherwise, all costs shall be charged to the contracting party. Replacement of pallets, boxes or any other packaging material shall be performed by PRIMACO only in case of specific written agreement.

Customs clearance

It is considered that, by issuing an order for the dispatch of goods, an order for customs clearance has been provided for as well, unless otherwise expressly agreed in writing.

In the customs clearance procedure, PRIMACO acts in the name and on behalf of the contracting party (direct representation) or in its own name, and on behalf of the contracting party (indirect representation).

PRIMACO shall submit customs documents on the basis of the data of the contracting party or their business partner, and is not responsible if such data do not coincide with the actual situation.

PRIMACO is entitled to a special fee for performing customs representation activities.

The customs clearance order does not contain an obligation for PRIMACO to pay customs duties on behalf of the contracting party.

Unless specified in the order or regulations, PRIMACO determines the place of customs clearance.

PRIMACO shall take legal action (for instance, in the case of customs decisions, confiscation etc.) only in the case of an explicit and justified order, and upon receipt of adequate guarantees.

Service fees and reimbursement of expenses

PRIMACO is entitled to reimbursement for its services and to reimbursement of its expenses. The fee is determined by a tariff or a specific agreement.

All prices are expressed without VAT or any other taxes or fees. Unless otherwise agreed in writing, invoices are due upon receipt. In the event of an agreed deferment of the payment, PRIMACO may make the performance of further services subject by not exceeding the set credit limits. Fees, costs of benefits and the like are excluded from the payment deferral. No deferral of payment is issued for the following types of costs: VAT, other taxes and benefits, customs duties or expenses, demurrage, withheld amounts, crossing fees and the like.

Invoice complaints must be submitted to PRIMACO in writing within 8 days after the receipt, otherwise the invoice shall be deemed to have been accepted in full. When only a part of the invoice is disputed by a complaint, the undisputed part is payable in accordance with the currency indicated on the invoice. In the event of late payment, PRIMACO reserves the right to calculate legal default interest and collection costs.

In the event that PRIMACO advances its own resources in the execution of the order, it is entitled to a special fee for the advanced funds, the amount of which is determined by the valid price list of the shipper or by agreement with the contracting party.

When PRIMACO, notified prior to the statute of limitations, pays for freight, customs duties, warehousing, demurrage and the like, the contracting party is obliged, if such expenses were not included in the total amount, to compensate PRIMACO for the additional amounts paid.

Insurance

NOTE: There is no automatic transport insurance! The indication of the value of the consignment in the dispatch order shall not be considered an insurance order. The insurance of a consignment does not entail the creation of an obligation for the shipper to insure all subsequent shipments of their contracting party.

At the request of the contracting party, PRIMACO shall set up transport insurance that covers the damage/loss up to the full value of the goods. However, this shall be done solely on the basis of an explicit written order. When the insurance order does not contain specific risks that ought to be covered by insurance, only the principal risks shall be covered.

The cost of transport insurance is borne by the contracting party.

If the contracting party did not provide an insurance order, or they have provided an order for partial coverage, the harmful consequences that would result from it shall be borne by the contracting party.

Liability of PRIMACO

The liability of the carrier is limited or excluded. The liability of PRIMACO is in accordance with the General Terms and Conditions of the International Freight Forwarders in Croatia and in no case may it exceed the limits of applicable international transport conventions (MC, WC, CMR, CIM, the Hague Rules), applicable B/L Terms, AWB Conditions (see www.iata.org under “Resolution 600b”), or the terms of an individual subcontractor. The liability of PRIMACO in air transport is limited according to Article 22 of the Montreal Convention (MC). Irrespective of the contracted air or sea transport, (part of) the transport may be organized as road transport. Data relating to the value of goods in orders, invoices, transport or other documents, in the absence of explicit approval of PRIMACO in writing, do not increase the liability. PRIMACO shall never accept greater liability without the express agreement in writing.

PRIMACO shall not be liable for damage caused by force majeure or the properties of the goods themselves.

PRIMACO shall not be liable for the lost benefit/profit of the consignor and/or consignee, nor for common damages that may occur to the contracting party and/or consignee due to: loss, damage or reduction of the contents of the goods; excess of deadlines for dispatch and delivery of goods, or failure to perform the service.

PRIMACO shall not be liable for incorrectly calculated freights, customs and other public fees. PRIMACO is obliged to submit a complaint only if the contracting party shall explicitly request it. In such a case, the contracting party is obliged to hand over to the shipper the transport, customs and other documents necessary for filing a complaint.

PRIMACO shall not be liable, under any circumstances, for any complaint related to the confiscation or retention of goods during transport by customs or other competent governmental authorities.

Liability of the contracting party

The contracting party is liable for all damages their goods caused to other goods, facilities and equipment of PRIMACO or third parties, and for injuries or death of PRIMACO’s employees and other persons, if they occurred as a result of the following: a) if the goods contained dangerous items, items whose circulation is explicitly prohibited or should be performed in accordance with specific rules and/or laws, b) if the contracting party did not comply with the legal conditions prescribed for the dispatch of certain items, and c) if the goods were not packed in accordance with their nature, characteristics, and the needs of the transport route and means of transport.

Lien and rights of pledge

PRIMACO reserves the right to retain the goods of the contracting party in order to ensure the payment of its receivables (current and previous) until the contracting party settles its claims. PRIMACO reserves the right to retain as long they are in its possession, i.e. it possesses a document on the basis of which it can dispose of such goods.

Data protection

By contracting an order, the contracting party agrees that their personal data be electronically processed and stored in the PRIMACO group, and that they may be contacted by PRIMACO for marketing purposes related to the product and service offers. Said consent may be withdrawn at any time. The data shall be treated as strictly confidential and shall not be passed on to third parties, unless it is necessary for the proper performance of the relevant service or if it is required by state authorities and/or government bodies on a legitimate basis.

Miscellaneous

The invalidity of certain provisions of these General Terms and Conditions shall not affect the validity of other provisions. Waiver (once or repeatedly) of insisting on the strict application of any provision of these General Terms and Conditions shall not be interpreted as a waiver of any provision or right. By accepting the offer drawn up by PRIMACO, the parties enter into a Freight Forwarding Agreement in accordance with Articles 849 and 856 of the Civil Obligations Act. For the avoidance of doubt, the offer shall not be considered a dispatch within the meaning of Article 866 of the Civil Obligations Act. Croatian legislation shall apply to all agreements with PRIMACO unless otherwise expressly set out. In the event of a dispute, the court in Zagreb shall have jurisdiction.