These General Terms and Conditions define the terms of execution of the services of transport of documents and parcels provided by GLS Portugal. The service provided by GLS Portugal is limited to the collection, transport and delivery until the final destination agreed with the Shipper/Customer, in the national and international territory. GLS Portugal reserves itself the right to subcontract, for the purpose of fulfilling obligations on their own behalf, agents and subcontractors, both covered by these GTC. These GTC cannot be withdrawn or changed by any worker, employee, agent, cooperator, service provider or subcontractor of GLS Portugal. The hire of GLS Portugal services, implies the unconditional acceptance, without any reservations, of these GTC. The individual terms agreed upon between the Customer and GLS Portugal, by written agreement between both parties, that enter in conflict with these GTC will prevail over these ones.
- Transport Conditions
- a) Transport restrictions
GLS Portugal does not provide transport services of parcels that don’t fulfil the following characteristics:
– value exceeding € 5.000,00 (five thousand euros), unless expressly authorized by GLS Portugal;
– Constitute a danger to human or animal life;
– Consists of polluting material, or involves the risk of staining or damage other goods transported by GLS Portugal;
– When their transport, import or export is prohibited by applicable law;
– Don’t be made, when necessary, the customs declaration;
– Goods or parcels which are prohibited under all applicable sanctions laws, for example because of their contents, their intended recipient or the country to or from which they are to be sent. Sanctions laws include all laws, regulations and orders imposing sanctions (including trade restrictions and economic sanctions) on countries, individuals or entities, including without limitation those imposed by the United Nations, the European Union and the member states of the European Union (More information on embargos and sanctions);
GLS Portugal can not perform transports of dangerous goods and / or valuable items listed in ICAO, IATA, ADR regulation or in any other national or international regulation where such products are mentioned.
The Shipper/Customer undertakes to inform GLS Portugal about the specificities that are not visible of the parcel, when they can have repercussions on their transit.
If the Shipper/Customer trust to GLS Portugal products which are listed on the exclusions referenced above, omitting that fact to GLS Portugal, it will be solely responsible for any damages that this transport might cause to GLS Portugal or third parties.
- b) Packaging and Content.
Customer/Shipper is responsible for all expenses and losses resulting from the inaccuracy or inadequacy of the information entered on the waybill and / or on the electronic information of the dispatch related to the goods and consignee which were stated.
In case of discrepancy between the information on paper and the electronic information, this last one will prevail, so that GLS Portugal can proceed with the processing of the services. If the Customer/Shipper use the software GLS Portugal for dispatches, should ensure that all parcels are labeled and that the necessary electronic information is transmitted through electronic files. If there is, by the Customer / Shipper side or GLS Portugal a lack of electronic information, incorrect labelling or identification of the parcels, GLS Portugal will contact the Customer and by default the parcels will be retained during the days needed to clarify the situation. Exception for the cases in which it was previously agreed with the Customer, if this situation occurs, GLS Portugal it’s authorized to correct the data and proceed to the delivery to the consignee. The Customer must pack the goods in a box, closed, resistant and appropriate to the content and according to the specific requirements for its transport, as well as for the specific requirements of the destination. Otherwise, the parcel will be shipped by the risk of the sender, being GLS Portugal free of any liability for any occurrence with the parcel. The Customer is responsible for all damages caused on parcels of third parties or in goods of GLS Portugal due to defects of the goods or in boxes shipped by the Customer. The Customer is also responsible for delivering all the necessary documentation for the appropriate transport in accordance with the applicable law, as well as the provision of information and the correct filling of the transport documentation. The Customer shall reimburse GLS Portugal for payment of fines related to the inaccuracy or inadequacy information on the transport documentation, as a result of an inspection performed by the legal authorities.
- c) Customs Formalities
The Customer is responsible for submitting all documents necessary for carrying out customs formalities in accordance with applicable law and must deliver invoices and other documents required for customs clearance. The Customer assumes full responsibility for the conformity of these documents. It is also responsible for paying any charges incurred at the consignee in case of default by the recipient. Any costs resulting from activities of customs authorities, or payment due to failure to submit the necessary documentation will be initially debited by GLS Portugal to the Customer or the Consignee depending upon the of the choice, and to the cost a fixed value it will be added per parcel, related to administrative services. If the recipient refuses to pay this amount, it will be charged to the Client within 7 days, being the delivery performed. The rates of export intra-community will be charged per parcel, always to the Customer of GLS Portugal.
- d) Weight
Customer/Shipper is obliged to inform GLS Portugal of the exact weight to be transported. GLS Portugal reserves the right to correct any difference of the weight or volume that would be observed. The maximum weight of each parcel is 40 kg, the length of the parcel must be between 10 and 200 cm, the height between 15 and 60 cm and wide of 5 to 80 cm. Parcels with higher measures must be subject to prior consultation. GLS Portugal reserves the right to change the tariffs when the size of the parcel exceeds the contractually defined measures. It’s considered a pallet, all goods which has the following measures: 100cm x 120cm x 180cm and 250kg. Any pallet whose dimensions are 10% above these measures must be delivered by dedicated services.
III. Inspection Right
The Customer acknowledges that, when justified, GLS Portugal or any other governmental authority, including customs, have the right to open and inspect the parcels entrusted, without the exercise of this right to undermine the fact that the Customer is solely responsible by the authenticity of their statements.
The consignee’s signature on the delivery list constitute the proof of delivery of the parcel. After a year, if the parcels not delivered and stored on GLS Portugal warehouses won’t be properly claimed or raised by the Shipper/Customer, the property passes to the GLS Portugal and GLS may give the most appropriate destination to them and have the right to be reimbursement of storage expenses.
Unless otherwise provided by law and subject to compliance with the provisions of clause VI. of the these conditions, GLS Portugal it’s only liable for damages suffered as a result of being a lost, damage or loss that goods suffer during transport or in the warehouses of GLS Portugal, when such facts are demonstrably attributable to the title of intent or gross negligence, with the limits provided in these GTC. Such liability is limited to the formulation of precise and complete reservations by the consignee upon the order delivery.
GLS Portugal will not be liable for any damages that do not show a causal link properly with your willful misconduct or severely culpable.
GLS Portugal will not be liable for future damages, indirect damages or lost profits. GLS Portugal will not be responsible if the order or portion of it is lost, damaged or delayed as a result of majeure force or acts or omissions by the Customer, Consignee or by a third party, namely: insufficient or incorrect address , deficient/faulty filling of the transport documentation and packaging. The responsibility of GLS Portugal is still excluded when the loss or damage results from risks inherent in any of the following facts:
– Lack or defect of the packaging for goods, which by their nature, are subject to loss or damage when not properly packed;
– Maintenance, loading, stowage or unloading of goods by the Shipper/Customer or by the consignee or persons acting on their behalf;
– Failure or imperfection of the marks or symbols of volumes, when applicable.
The tariffs applied by GLS Portugal includes the price of an insurance to cover the damages relating to the transport of parcels until € 250(10euros per kilo and in case of the real value of the material be lower GLS Portugal only pay the real price of the material).
About international shipments where the content is alcohol and in case of them suffering damage or total loss, it isn´t covered by insurance. a) Delays
GLS Portugal commits to make every effort in order to perform the service within the estimated/predicted time.
In case of a delay on the delivery, liability it’s limited to the value of the transport. The compensation for delay shall not exceed the value mentioned and is payable only when the person concerned demonstrate prejudice resulting from it.
In case of apparent flaw or defect of the goods of the pack, the consignee shall, upon acceptance, make complete and accurate reservations. If the consignee receives the parcel without reservations, it is presumed that the goods were in good conditions.
Complaints against GLS Portugal should be notified in writing within 30 days from the date of receipt of the order. If not reported timely, GLS Portugal can not be held liable. The claim must be substantiated and accompanied by any evidence of damage or loss (transportation documents, a copy of vendor invoice, etc).
VII. Cash Service
The maximum amounts allowed for collection by GLS Portugal are € 2.500 (two thousand and five hundred euros) in cash and € 4000 (four thousand euros) by check. If the consignee don’t pay the registered cash amount, the shipment will not be delivered and can be returned to the origin or rescheduled a second delivery attempt. Any Cash on Delivery (COD) Transport Service offered to the sender is offered on the basis and understanding that GLS Portugal will act as the sender’s cash collection agent only and GLS Portugal does not have the authority to bind the sender, or to conclude an agreement with the recipient of the COD Transport Service on behalf of the sender. The sender shall perform its anti-money laundering obligations as required by the applicable legislation.
The Customer has 30 (thirty) days, from the date of the COD dispatch to present complaints about the COD agreed with GLS Portugal.
When the payment is made by check, GLS Portugal is not responsible for any defects of checks issued by the consignee, including:
– Accuracy of the sender and issue date
– Errors in the identification of the issuer;
– Mandatory signatures in the checks;
– Subsequent cancellation by the issuer;
– Endorsements on checks and / or lack of provision;
– Issuance of checks by entities other than the recipient;
– Certified checks
In case of a check loss or misplacement, GLS Portugal is responsible for requesting the customer to cancel the check in question and to issue a new check for the same amount the costs of cancellation.
VIII. Payment and Price Conditions
- a) Weight
The weight to be invoiced, will be exclusively the one registered on the assessed electronic scales, located on GLS Portugal warehouses.
GLS Portugal reserves the right to apply volumetric weight (relation between weight and volume)
- b) Invoicing
If GLS Portugal is required to pay any additional charge (eg customs duties) on behalf of the Customer or Consignee, this amount will be reflected on the payable price by the Customer and when due by the Consignee, on the collection of values to be made to the recipient.
Any delay in payment will lead to the immediate enforceability of the due amounts, plus interest at the rate in force, without prejudice of any compensation for damages or additional fees which levied on GLS Portugal because of that delay.
Any complaints about invoices issued by GLS Portugal, should be made within 30 (thirty) days, otherwise it will not be accepted by GLS Portugal.
- Withholding Right
GLS Portugal has the right of retention in accordance with article 755, nrº1, part. a) of the Civil Code on goods transported as security for payment of overdue loans that it holds and referent to services provided.
- Limitation of Claims
The right to demand a compensation for any damages arising from the responsibility of GLS Portugal expires within one year from the date of the delivery to the consignee or the date of its return to the Customer/Shipper.
If any provision or set of clauses of these GTC would become invalid or non-enforceable, this shall not affect the validity and enforceability of the remaining provisions.
XII. Applicable law and jurisdiction
These GTC as well as any contract that incorporate these Terms and Conditions, will be governed by the Portuguese law, except if the contract expressly repeals this clause.
For the resolution of any dispute arising from this contract, the court of Mafra District shall have the exclusive jurisdiction.
This translation of the General Terms and Conditions is made for convenience reasons only. For all disputes arising from or in conjunction with the GTC of GLS Portugal, only the text of the corresponding Portuguese version of the GTC of shall be legally binding.
Unless otherwise stipulated in these Standard Contract Terms, the regulations of the HGB as well as the CMR (Convention of The Contract for of The International Carriage of Goods by Road, Geneva, May 1956 and Protocol of 5th July 1978, Geneva) apply excluding the Portugal Carriers´ Standard Terms (ADSp).
These Standard Contract Terms apply to all activities performed by GLS Portugal, in particular, the despatch, handling, transshipment, storage and all arrangements for the carriage of parcels within Portugal and international, no matter whether GLS Portugal render the services themselves or if they are carried out by third parties.
Scope of service and Hindrances
2.1 GLS Portugal provides as forwarding agent transportation services which are carried out by independent carriers. An economical as possible and fast transportation is obtained by standardized operations: The packages are transported as a consolidated shipment and sorted and transported within the depots and reloading points with automatic conveyers. The packages are scanned regularly when received at the outbound depot, when running through a reloading point, when received at the inbound depot, at the transfer to the delivery driver as well as at the delivery to the receiver. Date and time are registered. Further interface documentation is not carried out.
2.2 GLS Portugal is not committed to conduct examinations or to execute measures for the conservation or improvement of the goods and its packing.
2.3 The pickup of packages within the scope of the subcontractor direct sale ( Shipping ) as well as the receipt of the packages in the Parcel Shop ( Dropping ), will be acknowledged by the handing over of document of receipt provided by GLS Portugal. Further Acknowledgments of package numbers or weights, addressees, contents and value of the packages or other criteria are the obligation of the Parcel Shop operator and not by GLS Portugal.
2.4 The delivery of packages which arrive at the outbound depot (= dispatch depot) by 19.00 hours is normally carried out within Portugal within 24 hours (standard runtime) free to the door of the receiver. The compliance with the standard run-time is neither assured nor guaranteed.
2.5 GLS Portugal carries out two delivery attempts.
2.6 The delivery is carried out at commercial receivers at the mail receiving station or the goods receiving department.
2.7 The delivery of packages is carried out with a discharging effect against signature of the receiver, a neighbour of the receiver or someone of the business or household of the receiver present person, unless there are well-founded doubts about his/her entitlement. The delivery can also be done at any Parcel Shop operator in the European network in the model Drop Point.
2.8 As proof of delivery the printout of a reproduction of the available signature in digitalized form of the recipient, as well as, where applicable, the delivery note list signed by recipient are sufficient.
2.9 Weighing results measured by GLS Portugal are traceable in the data storage available on the GLS site.
2.10 For the time of their duration, performance hindrances which can not be assigned to the risk range of GLS Portugal, free GLS Portugal from those obligations whose completion was made impossible through these.
Agreement of the sender with the bulk package dispatch particularities
The sender accepts the scope of service described under number 2 (particularly 2.1) as amply sufficiently and he waives further measures particularly with regard to the documentation of interfaces. He always has the possibility of asking GLS Portugal about the sequence of operations.
In view of the processes represented under number 2 (particularly number 2.1) the following listed goods are excluded from transportation by GLS Portugal due to their value and/or their composition. GLS Portugal exclusively accepts closed packages for transportation, which normally are not opened by GLS Portugal during the transportation. GLS Portugal has no obligation to check the parcel contents with regard to a violation of the following transportation exclusions.
4.1 Packages are excluded with a weight of more than 40 kg, a belt dimension (= circumference of the package plus the longest side) of more than 3 m, a length of more than 2 m, a height of more than 0.6 m and/or a width of more than 0.8 m.
4.2 The value of a parcel may not exceed € 5,000.
4.3 Excluded from transportation are: Perishable goods; Insufficiently packaged goods and/or not standard forms of packaging; Goods which require a careful treatment (because they are e.g. particularly fragile or can only be transported upright or only lying on a certain side); Perishable or temperature controlled goods, remains, living animals; Particularly valuable goods (e.g. money, precious metals and stones, jewellery and genuine pearls, objects of art, antiques); Phone cards and pre-paid charts for mobile telephones; Valuable documents (e.g. securities, acceptance bill, savings books); Firearms and essential weapon parts according to the portuguese Weapon Law; Dangerous goods of every type; Packages with one of the following destinations: Greece, countries which do not belong to the European Union on April 1st 2004, all European islands, Vatican, San Marino and Monaco.
4.4 From transportation overseas are additionally excluded: Cigarettes and alcoholic drinks; ATA Carnet goods.
4.5 The acceptance of goods which can not be sorted automatically requires a special agreement.
4.6 GLS Portugal is liable for damages or losses which result by or on packages, which were submitted contrary to transportation exclusion in number 4.1 – 4.4 only under the requirement that the sender has informed GLS Portugal about the contents and value of the package and GLS Portugal has in knowledge of this, explicitly agreed to it in writing. A written consent by a carrier or its performance assistants as well as the silent transfer of a package does not represent consent of GLS Portugal.
4.7 If the sender submits a package to GLS Portugal contrary to the numbers 4.1 – 4.5 it is at the absolute liberty of GLS Portugal to make the package available to the sender for collection or to transport it back at the senders expense, keep it in storage or to submit it to another service provider for further transportation who does not have the corresponding transportation exclusion. If circumstances justify it, GLS Portugal is allowed to use such goods after sender notification (and all the costs are by sender’ responsibility ) or in case of danger to destroy it.
4.8 Goods or parcels which are prohibited under all applicable sanctions laws, for example because of their contents, their intended recipient or the country to or from which they are to be sent. Sanctions laws include all laws, regulations and orders imposing sanctions (including trade restrictions and economic sanctions) on countries, individuals or entities, including without limitation those imposed by the United Nations, the European Union and the member states of the European Union;
5.1 Each parcel must bear and/or be accompanied by the duly completed documents filled out by sender and approved by GLS Portugal. The sender shall be liable for the consequences of any errors in their completion.
5.2 The sender is responsibly for a proper, and with regard to the scope of service represented above, inner and outer packaging for the dispatched goods, which withstands the strain, whereby the packing must particularly ensure, that an access to the parcel contents is not possible without leaving a clear trace on the outside of the package. The packing guidelines of GLS Portugal will assist you in this matter (see www.gls-portugal.com).
5.3 The order for the transportation abroad includes the assignment of GLS Portugal to administer customs clearance, if without clearance the transportation would not be possible. It is the responsibility of the sender to submit all papers required for the customs clearance to GLS Portugal without request.
Forwarding Agency fees, Reimbursement of Expenses
6.1 The respectively agreed prices and surcharges have been agreed between GLS Portugal and the sender. They are based on 1 cubic meter = 166.67 kilograms. Returns and the transport of goods which can not be sorted automatically are charged to the sender according to the respectively valid price table.
6.2 The shipping and charging of COD ( Cash on Delivery ) packages is forbidden for the sender, unless they were legally stated or acknowledged by GLS Portugal in writing.
6.3 If transportation fees, costs or charges have to be paid by a foreign receiver, or were caused by him, then the domestic ordering customer has to pay the charges to GLS Portugal which were not settled by the foreign receiver upon first request.
7.1 GLS Portugal is liable according to the Portugal legal regulations regarding the Carriers standard Terms. The liability provisions of the CMR are applied to consignments in the cross-border road freight traffic.
7.2 GLS Portugal is liable for loss or damage suffered by parcels in its custody up to an amount of 10,00€ special drawing rights of the international monetary fund per kg of the parcels gross weight.
7.3 GLS Portugal accepts no liability for consequential damage or loss, e.g. losses of a purely commercial nature like loss of turnover or earnings, missed profits, cost of replacements or losses attributable to delay in customs clearance.
8.1 In cases where the sender takes out no transport insurance, GLS Portugal will waive the limitation of liability stipulated in the first sentence of figure 7.1, paragraph 1, and will refund the value of the goods up to an amount not exceeding: the purchase price or; for second-hand goods the momentary value or; for goods sent on occasion of an auction the auction price depending on which amount is the lowest in each individual case, however not exceeding € 250-per package. Unless otherwise expressly agreed in writing, any retention agreed between the sender and his insurer shall not constitute grounds for a corresponding waiver on the part of GLS Portugal.
8.2 The sender shall not be entitled to assign or pledge insurance claims without the consent of GLS Portugal.
Reimbursement of Expenses
If the sender engages GLS Portugal to receive incoming packages or to import a package arriving from abroad, than GLS Portugal has the right, but is not obliged, to pay the regarding freight charges, value cashes on delivery, customs, taxes and other charges as well as expenses and request refunding from the sender.
Exclusion of Further Claims of the Sender
The assertion of claims by the sender against GLS Portugal in form of a further passing on the charges of monetary fines, to which the sender is obliged towards third parties, is excluded, particularly if direct claims towards GLS Portugal are not possible from this third party.
Laps of Claims
11.1 All claims against GLS Portugal shall lapse after one year.
11.2 The date of lapse shall be calculated as from either the date of delivery of the parcel or, if the package wasn’t delivered, with the termination of the day, on which the delivery would have been carried out. The provisions mentioned in Art. 32 of the CMR shall apply to the lapse of claims relating to cross-border deliveries.
Supplementary agreements and divergent agreements require the written form.
Severability / Place of Jurisdiction
13.1 Should any of the provisions contained in these standard Contract Terms prove invalid this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision approximating as closely as possible to its commercial sense and purpose.
13.2 Place of jurisdiction is Lisbon.