Bulgarian Relocations Association (BPA)
General Terms and Conditions
Introduction
These general terms and conditions contain the rights, obligations and responsibilities of the parties to a relocation contract. Where “You” or “Your” is used, the client or user of a relocation service is meant, and where “we”, “us” or “our” is used, the trader performing the relocation service is meant. The general terms and conditions may only be amended by prior and express written agreement. Clauses 4, 9, 10, 11, and 12 establish OUR liability to you in the event of loss or damage to property and premises. Please read these clauses carefully.
- Our Offer
1.1.Our offer, unless otherwise stated, does not include any taxes, duties and/or customs fees payable, as well as (but not limited to) compensation for delay (demurrage), or fees paid for checks and inspections, or any fees payable to government organizations and/or departments. For the price quoted, we agree to be liable for any loss or damage to your belongings and/or premises, subject to the provisions of clauses 2.2, 3.2, 5.2, 5.3 and the provisions of clauses 4, 9, 10, 11 and 12.
1.2. Our quotation is valid for twenty-eight days from the date of dispatch, unless additional remuneration is already included in it, which may be due in the following circumstances:
1.2.1. if the work does not start within this period of twenty-eight days from the date of dispatch of the quotation;
1.2.2. where we have quoted you a price including re-delivery from a warehouse, within our delivery and the re-delivery from a warehouse has not occurred within six months from the date of dispatch of the quotation;
1.2.3.change in costs due to changes in exchange rates, changes in taxation, freight rates, fuel prices, ferry prices or road (toll) charges, which changes are beyond our control;
1.2.4. the work is carried out on a Saturday, Sunday or public holiday, or outside normal working hours (08.00-18.00) at your express request;
1.2.5. if we need to receive or deliver the goods at your express request above the ground or first floor of the relevant building;
1.2.6. if you or your representative(s) and/or customs agent(s) request receipt of or access to your goods while they are in storage;
1.2.7. we provide additional services, including moving or storing additional goods (these general terms and conditions also apply to such additional services provided);
1.2.8.the entrance or exit of the premises, stairs, lifts or corridors are unsuitable for the free movement of goods without mechanical equipment or structural modification or the access thereto is unsuitable for our vehicles and/or containers to load/unload no more than 20 (twenty) metres from the entrance door;
1.2.9. if we have to pay parking fees and/or other costs in order to perform the service for you. For the purpose of these general terms and conditions, fines for incorrect parking are not such fees or costs and you are not liable for their payment;
1.2.10. if there are delays or events beyond our control which increase the resources and time required to perform the services;
1.2.11. we agree in writing to increase the limit of our liability set out in clause 9.1.1 before commencing work;
1.3.You agree to pay the reasonable increased remuneration resulting from the above circumstances.
- Work not included in the offer
2.1. Unless otherwise agreed in writing, we will not:
2.1.1. assemble or disassemble any equipment;
2.1.2. connect, disconnect, disassemble or assemble appliances or equipment;
2.1.3. remove or install floor coverings;
2.1.4. move things from a loft unless it is adequately lit and has safe access to it;
2.1.5. move or store any items excluded from the provision of clause 5;
2.1.6. disassemble or assemble garden equipment including but not limited to: sheds, greenhouses, garden shelters, play equipment, satellite dishes or move paving stones, flower pots and the like.
2.2. Our personnel are not authorized and qualified to carry out such activities. We recommend that a duly qualified person other than the carrier carry out these activities.
- Your liability
3.1. You agree to:
3.1.1. notify us in writing of the value of the items transported and/or stored before commencing work. If it is subsequently established that the value of the items transported or stored exceeds what you have indicated, our liability under clause 9.1 will cover what you have actually declared as the real value;
3.1.2. acquire at your own expense all documents, permits, licenses, customs documents necessary to carry out the removal;
3.1.3. pay the parking fees incurred by us in performing the services;
3.1.4. be present or have a representative present at the receipt and/or handover of the items;
3.1.5. ensure that all inventory records, receipts, bills of lading, work sheets are signed by you or your authorized representative as confirmation of receipt and/or handover of the items;
3.1.6. take all steps to ensure that no part of the items is forgotten and/or taken by mistake;
3.1.7. provide appropriate protection for items left in unguarded or vacant premises, or where persons (such as, but not limited to) tenants or workers are or may be present;
3.1.8. adequately prepare and stabilize all electronic equipment before commencing the move;
3.1.9. empty, defrost and clean refrigerators and freezers. We are not responsible for their contents;
3.1.10. ensure that all household and garden appliances, including but not limited to washing machines, dishwashers, pipes, lawnmowers, are clean and dry and free of any residual liquids;
3.1.11. provide a correct and up-to-date contact address and telephone number during the removal and/or storage of the goods.
3.2. Except for our negligence or intent, we will not be liable for any loss or damage, costs or additional charges and/or fees that may arise as a result of your failure to comply with these obligations.
- Our Responsibility
4.1. It is our responsibility to deliver your goods to you or to make them available for collection by you undamaged. “Undamaged” means in the same condition as when packed or otherwise prepared for transport and/or storage.
4.2. Where we have undertaken to pack the goods or otherwise prepare them for transport and/or storage, it is our responsibility to deliver them to you or make them available for collection by you undamaged. Again, “undamaged” means in the same condition as when packed or otherwise prepared for transport and/or storage.
4.3. If we fail to comply with our obligations under clauses 4.1 and 4.2, subject to clauses 9, 11 and 12, we will be liable for damages.
4.4.We will not be liable to compensate you under clauses 2.2, 3.2, 5.2 and 5.3 unless the loss or damage arises as a result of our negligence or wilful breach of contract.
4.5.If you do not provide us with a declaration of the value of the goods or if you do not require us to assume the standard liability under clause 9.1, we will not be liable to you for any failure to perform our obligations under clauses 4.1 and 4.2 unless such failure arises from our negligence or wilful breach of contract.
4.6.The total limit of our liability shall be determined in accordance with clauses 9 and 11.
4.7.Unless otherwise agreed in advance, we shall be liable for any parking fines incurred in carrying out the work.
- Items that will not be provided for moving or storage
5.1. Unless previously agreed in writing with the Manager/CEO or other person expressly authorised by us, the following items will not be accepted for removal and/or storage and will not be transported or stored by us under any circumstances. Items referred to in clause 5.1.1 below may pose a risk to health and safety. Items referred to in clauses 5.1.2 to 5.1.7 may pose other risks and special arrangements should be made for removal and/or storage:
5.1.1. prohibited or stolen items, pornographic materials, potentially dangerous or flammable items, including gas cylinders, aerosols, paints, weapons and ammunition;
5.1.2. jewellery, watches, precious stones or metals, money, notarial deeds, securities, stamps, coins or similar items and collections.
5.1.3.items that attract insects and/or other vermin or that may cause contamination or contamination;
5.1.4. items that in our opinion are hazardous to health, dirty or unhygienic or are likely to cause or attract vermin. We may refuse to move such items without liability to you for such refusal;
5.1.5. perishable items and/or items requiring a controlled environment;
5.1.6. animals, birds, fish, reptiles or plants;
5.1.7. items that require a special license or government permit for import or export.
5.2. If we agree to transport such items, we will not be liable for any loss or damage unless it was due to negligence or breach of contract, in which case all the conditions apply.
5.3. If you provide us with such items without our knowledge, we will store them at your expense until we receive them, and if you do not do so within a reasonable time, we will retain them until we have reimbursed our storage costs. Where the items are subject to rapid deterioration or their transfer for safekeeping or storage is accompanied by significant costs or inconvenience, as well as where they cannot be used by their nature, we will, after notifying you, request the district court to allow us to sell the items and after covering our costs, we will deposit the difference into a bank in your name. You owe us all fees, costs, damages, legal costs and compensation arising from the preservation and/or storage of the items.
- Ownership of the items
6.1. Upon conclusion of the agreement, you guarantee that:
6.1.1. the items to be transported and/or stored are your property or that the items are not subject to any legal restriction (e.g. lien); or
6.1.2. you have the full authority of the owner and/or those who have the right to manage and dispose of the items to enter into a contract for their removal and you have notified the owner(s) of these general terms and conditions prior to entering into the contract and he/she agrees to them;
6.1.3. if at any time from the performance of the contract until its termination another person acquires ownership of the items, you must notify us of the name and address of that person immediately and in writing;
6.1.4.you will fully indemnify us and satisfy any claim for damages and/or costs brought against us if any of the representations and warranties under clauses 6.1.1 or 6.1.2 are false;
6.1.5. if you wish to transfer any obligation(s) under the contract to a third party, you must notify us in writing and give us the precise identification of that third party. In such event, we will send a new quotation to that third party. Our contract with you will remain in force between us until a written contract is concluded with the third party.
- Compensation in the event of postponement or cancellation of a move
7.1. If you postpone or cancel a move, we reserve the right to receive compensation for the postponement or cancellation in an amount corresponding to the notice you have provided us under 7.1.1 – 7.1.4. “working days” means normal working days from Monday to Friday inclusive and excludes weekends and public holidays.
7.1.1. More than 10 working days before commencement – no compensation.
7.1.2. Between 5 and 10 working days inclusive before the move – no more than 30% (thirty percent) of the cost of the move;
7.1.3.Less than 5 business days before the move – no more than 60% (sixty percent) of the move price.
7.1.4. On the day before the start of work, or thereafter – 100% (one hundred percent) of the move price.
- Payment
8.1. Unless otherwise agreed in writing between us, payment is due in full before the move and/or storage begins. We reserve the right to refuse to begin the move and/or storage until we receive payment.
8.2. With respect to amounts overdue to us, we will charge the statutory interest on a daily basis in accordance with Bulgarian law.
- Determination of our liability for loss and damage
9.1. Standard liability
9.1.1. If you declare and notify us of the value of the items before the commencement of work in accordance with the provisions of clause 3.1.1, the limit of our liability in the event of loss of or damage to those items, as a result of a breach of clause 4, shall be determined in accordance with clauses 9.1.2, 9.1.3 and 11, but up to a maximum of BGN 60,000 in the event of total loss of the items concerned. We may agree to accept liability for a higher maximum limit, in which case we will charge you additional remuneration.
9.1.2. In the event of loss or damage to any item as a result of a breach of clause 4, our liability to you shall not exceed the equivalent of the repair or replacement of the item prior to the loss or damage, but up to the maximum amount of BGN 60,000 set out in clause 9.1.1 (unless we have agreed otherwise in writing).
9.1.3. Where the damaged or lost item is part of a pair or set, our liability to you shall be assessed on the replacement of that item as a single item and not as part of a pair or set.
9.2.Limited Liability
9.2.1.If you have not declared and notified us in writing of the value of the items before starting work or have not requested that our standard liability under clause 9.1 apply, then our liability to you shall be determined in accordance with clauses 9.1.3, 9.2.2 and 11.
9.2.2. In the event of loss of or damage to your items caused by our negligence or by failure to comply with a contractual clause, our liability shall not exceed BGN 100 for each individual item.
9.3. For items re-designated for receipt outside the territory of the Republic of Bulgaria
9.3.1. We will only accept standard liability if you provide us with the value of the items in the appropriate order on a form that we will provide you. All provisions of clause 9.1 shall apply and shall not be affected by this provision.
9.3.2.We are not liable for loss of or damage to items confiscated, seized, removed or damaged by customs authorities or government agencies or departments, unless due to our negligence or breach of contract.
9.3.3. We are not liable for loss of or damage to items originating in the following countries: Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, North Korea, CIS countries, Georgia, Ukraine, Turkmenistan, unless due to our negligence or breach of contract. The list is not exhaustive. We will inform you in the offer if this exception applies.
9.3.4.Subject to clauses 9.1 and 9.2 above, we will only be liable for loss or damage in the following circumstances:
(a) if it arises from our negligence or breach of contract while we are in possession of the goods, or
(b) while the goods are in the possession of others, but only if the loss and/or damage is found to have been caused by the failure to pack the goods in accordance with the applicable standards where we have agreed to pack the goods which are the subject of the claim.
9.4. For the purposes of this agreement, a good is defined as:
9.4.1. the entire contents of a box, wrapper, carton or similar container; and
9.4.2. any other item moved, handled or stored by us.
- Damage to premises or property other than goods
10.1 As third parties or other persons may be present at the time of receipt or delivery of goods, it is not always possible to establish who is responsible for any loss or damage, therefore our liability shall be determined as follows:
10.1.1. if we have caused loss or damage to premises or property other than goods as a result of our negligence or breach of contract in the removal, our liability shall be limited to the area damaged only;
10.1.2. if we have caused damage as a result of moving goods on your express instructions, despite advice given by us and where the removal is such that there is a likelihood of damage to the goods, we shall not be liable;
10.1.3. if we are liable for causing damage to your premises or property other than the goods provided to us for removal and/or storage, you must state this in writing as soon as practicable after the damage has occurred or after it has been discovered within a reasonable time after the removal. This is an essential precondition for engaging our liability.
- Disclaimer
11.1. Subject to limited liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion, however caused, unless it was due to our negligence or breach of contract.
11.2.Unless due to our negligence or breach of contract (in which case our liability is either under standard liability or under limited liability as set out in clause 9), we will not be liable for loss or damage to the following:
11.2.1. bonds, securities, stamps of any kind, manuscripts or other documents or electronic media, mobile phones;
11.2.2. plants or things causing pests or other insects causing infestation;
11.2.3. perishable goods and/or those requiring a controlled environment;
11.2.4. leather goods exceeding the value of 220 leva, jewellery, watches, precious stones and metals, money, coins, notarial deeds;
11.2.5. animals, birds or fish.
11.3. In terms of standard liability and limited liability, other than as a result of our negligence or breach of contract, we will not be liable for any loss, damage or failure to provide any goods if caused by the following circumstances:
11.3.1. We are not liable for any delay or failure to provide any services under this contract as a result of war, invasion, acts of foreign enemies, invaders (whether overt or covert), civil war, terrorism, rebellion and/or military coup, force majeure, bad weather, strikes by third parties, changes in sailing schedules, arrivals and departures, port congestion or other similar events beyond our control;
11.3.2. loss or damage arising from radiation or radioactive contamination;
11.3.3. loss or damage arising from chemical, biological, biochemical, electromagnetic weapons and cyber attacks;
11.3.4. We will not be liable for any loss or damage caused by us or our employees or agents where:
a) there is no breach of contract by us or our employees or agents;
b) such loss or damage is not a foreseeable consequence of the breach.
11.3.5. due to normal wear and tear, natural and gradual deterioration, leakage or evaporation of perishable and unstable items. This includes items left in furniture or office equipment;
11.3.6. by pests, moths, insects and the like;
11.3.7. due to cleaning, repair and restoration, unless these are arranged by us;
11.3.8. changes in atmospheric conditions, resulting from mould, rust, wear, corrosion and gradual decay, unless directly related to flooding caused by our negligence or breach of contract;
11.3.9. for items in wardrobes, drawers and equipment or a package, bundle, carton, packaging or other container, unpacked and/or unpacked by us;
11.3.10. loss of or damage to china, glass and fragile items unless professionally packed or unpacked by us or our subcontractor. In the event of an incident involving the owner’s packaging where the damage is due to the quality of the packaging, our maximum liability is limited to BGN 220 for the entire contents of the box/carton/parcel or the value of the damaged items (taking into account the age and condition of the items at the time of loss or damage), whichever is the lesser;
11.3.11. for electrical or mechanical breakdown of an appliance, instrument, watch, computer or other equipment unless there is no apparent external damage;
11.3.12.loss or damage to a motor vehicle caused by scratching or injury, unless a prior report of its condition has been received from us;
11.3.13. loss or damage to a vehicle whilst it is being driven, moving it under its own power, except when loading or unloading onto or from another vehicle or the container. Loss or damage sustained by accessories and movable parts, unless they are missing with the vehicle itself;
11.3.14. for goods with a pre-existing defect or which are defective from the outset.
11.4. No employee of ours shall be separately liable to you for any damage, failure, error or omission under the terms of this contract.
11.5. Our liability shall cease upon the handover of the goods from our warehouse or upon completion of delivery (see clause 12.1 below).
- Complaint Liability
12.1. If you or an authorised representative receives the goods, you must notify us in writing of any shortage or damage while the goods were in our possession, otherwise we will not be liable.
12.2. Notwithstanding clauses 9, 10 and 11, we will not be liable for any shortage or damage to goods unless we, or our agent or subcontractor carrying out the collection or delivery of goods on our behalf, are notified in writing as soon as possible after the shortage or damage is discovered (or within a reasonable time after it is discovered), but in any event not later than seven (7) days after delivery of the goods.
12.3. For goods that we supply, you must notify us in writing of any shortage or damage within seven days of delivery. We may agree to extend the period upon receipt of a written request from you, provided that it is submitted within seven (7) days of delivery. Approval of such a request shall not be unreasonably withheld.
- Delay in Transportation
13.1. Except for negligence on our part or breach of contract, we will not be liable for any delay in carriage.
13.2. If, through no fault of ours, we are unable to deliver the goods to you, we will store them. The agreement will be performed and all additional costs, including storage and delivery, will be for your account.
13.3. Transport times quoted by us are estimated and based on the information known to us at the time of the announcement. Transit times may vary due to a number of factors beyond our control, including but not limited to changes in sailings and departure dates of shipping companies, changes in road routes and port congestion. We will notify you of any significant changes to the transit times immediately upon becoming aware of them. We will not be liable for any loss and/or damage resulting from a delay in the carriage of goods, unless directly due to our negligence or breach of contract.
- Our right to retain the goods (right of retention)
A “right of retention” is our legal right to retain the goods until you pay the amounts due to us.
We have the right to retain and dispose of some or all of the goods if you fail to pay your obligations under this contract. (see also clause 23). This also includes fees we have paid on your behalf. We retain goods for which you will have to pay storage fees and other costs (including legal fees) incurred by us in obtaining our claims and exercising our right of retention. These terms and conditions continue to apply.
- Disputes
All disputes arising from or relating to the contract between us, including disputes arising from or relating to its interpretation, invalidity, performance or termination, as well as disputes for filling gaps in the contract or adapting it to newly emerged circumstances, will be resolved by the Arbitration Court at the Bulgarian Chamber of Commerce and Industry in accordance with its Rules for Cases Based on Arbitration Agreements.
- Our Right to Subcontract Services
16.1. We reserve the right to subcontract part or all of the work.
16.2. If we subcontract work, these general terms and conditions remain in force.
- Route and Method
17.1. We have the right to choose the method and route by which the removal is to be carried out.
17.2. Unless otherwise agreed in writing in our offer, other free spaces/capacity in our vehicles may be used for other orders.
- Advice and information on international shipping
We will do our best to provide you with up-to-date information to assist you in importing/exporting your belongings. Information on these matters (such as national or regional laws and regulations), to the extent that it may change and is subject to interpretation at any time, is provided in good faith and based on the relevant circumstances. It is your responsibility to seek professional advice to ensure the accuracy of such information provided by us.
- Applicable law
Bulgarian law will apply to any dispute under a contract concluded under these general terms and conditions.
- Delivery address
20.1.If you instruct us to store your belongings, you must provide us with a current address and telephone number to notify us of any changes. All correspondence and notices will be deemed received seven days after being sent by first class mail to your last address with us.
20.2. If you fail to provide us with an address and/or fail to respond to our correspondence or notice, we may publish such notice in a public newspaper in the area from or to which the goods were transported. Such notice shall be deemed to have been received by you seven days after publication in the newspaper.
Note: If we are unable to contact you, we will charge you for the costs incurred in locating you.
- List of goods (inventory) or note
A list of your goods or notes sent to you by us will be deemed to be accepted and accurate unless you notify us in writing within 10 days of the date of dispatch or such other reasonable period as we may agree to notify us of any errors or omissions.
- Storage Fee Review
If you are in arrears with payment to us in respect of your belongings and we give you three months’ notice, we have the right, after the expiry of the period, to remove your belongings from our premises and to satisfy ourselves therefrom for all sums due to us. If you do not pay all sums due to us, we may sell or dispose of some or all of the belongings without further notice. The sale or disposal proceeds will be charged to you. The net amount (difference) after payment of your debts to us will be credited to your account. In this case, you are not entitled to interest. If the total amount of the belongings sold is less than our claim from you, we will claim the difference from you.
- Termination
If your payments are regular, we will not terminate the contract we have concluded for the storage of your belongings unless we give you three months’ prior written notice. If you wish to terminate the storage/storage contract, you must give us at least ten working days’ notice (‘working’ is defined in clause 7 above). If we can release the belongings earlier, we will do so, provided that your obligations have been paid. Changes in the amount of the storage/storage fee are payable on the date on which the relevant notice takes effect.
