Terms and conditions
1. General Provisions
- 1.1 These Terms and Conditions govern our contractual relationship with you and explain your rights, obligations and responsibilities and those of the company named on the front of this contract.
- 1.2 Where we use the word we , our , us or Company it means the company named on the front of this contract.
- 1.3 Where we use the word you , your or Customer , it means any person or judicial entity at whose request or on whose behalf we undertake any business or provides Services.
- 1.4 We are a freight forwarding and logistics service provider. In providing the Services, we shall be entitled to procure any or all of the Services as an agent or to provide these services as a principal and we may act as Carrier for the Goods or interface with a Carrier as may be agreed with you.
- 1.5 When we act as an agent on your behalf then we are acting in a customary manner and you expressly authorize us to enter into contracts on your behalf and on behalf of the Owner in order to perform the Services. In our capacity as an agent, we do not make or purport to make any contract with you for the carriage, storage, packing or handling of any Goods nor for any other Services in relation to them and act solely on your behalf in securing Services by establishing contracts with third parties so that direct contractual relationships are established between you and such third parties.
- 1.6 When we act as a principal for the performance of any of the Services then the contract should expressly state so in which case we accept responsibility for loss or damage to Goods taken into our care and custody from the time we takes physical delivery of the Goods until the time we are entitled to call upon the you or the Owner to take delivery of the Goods (subject always to these Terms and Conditions and in particular subject to the limitation of liability set out in clause 13).
- 1.7 These Terms and Conditions can only be changed or amended by written agreement between the Company and the Customer.
- 1.8 Our liability for loss or damage is limited. Please pay special attention to clause 13.
- 1.9 Insurance is a separate contract between you and an insurance provider. Insurance conditions are separate from our Terms and Conditions. We are not responsible for loss or damage to uninsured Goods or Services.
- 1.10 If you want us to carry out Services which are excluded by these Terms and Conditions (see clause 8 for a list of excluded items) then we are not responsible for loss or damage arising from such Services (including damage to such goods).
- 1.11 The Customer and the Company agree that these Terms and Conditions shall supersede any additional terms of the contract which are in conflict with these Terms and Conditions (unless any additional terms of the contract reduce the liability, responsibility or obligations of the Company in which case such additional terms of the contract shall apply).
2. Definitions
- 2.1 Carrier means the party actually performing the carriage of Goods, either by his own means of transport or any party subject to carrier s liability who performs the carriage of Goods as a result of an express or implied undertaking to assume such liability.
- 2.2 Dangerous Goods means Goods which are officially classified as hazardous as well as Goods which are or may become of a dangerous, inflammable, radioactive noxious or damaging nature.
- 2.3 Goods means any property that is the subject of this contract and includes live animals as well as containers, pallets or similar articles of transport or packaging not supplied by us.
- 2.4 Owner means the owner of the Goods (including any packaging, containers or equipment) to which any Services provided under these Terms and Conditions relate and the consignee or any other party who is or may become entitled to take possession of the Goods.
- 2.6 Services means works and services of any kind relating to the carriage, consolidation, storage, handling, packing or distribution of Goods as well as ancillary and advisory services in connection therewith.
- 2.7 Valuable Goods means jewelry, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, works of art or goods or collections of a similar kind.
3. Our quotation
- 3.1 Our quotation does not include customs duties or any other fees or charges payable to government, semi government, administrative or similar bodies or authorities.
- 3.2 Unless otherwise agreed we quote a fixed price but we may change the price or apply additional charges if any of the following apply or have not been taken into account when preparing the quotation:
(a) You do not accept the quote within 28 days;
(b) The Services are not carried out within 3 months due to your delay;
(c) Our costs increase due to currency fluctuations, changes in taxation or freight charges beyond our reasonable control;
(d) We have to collect or deliver Goods above the second floor of a building or residence;
(e) We supply any additional Services not expressly quoted for (including moving or storing additional goods in which case these Terms and Conditions still apply);
(f) There are hindrances outside our reasonable control (see clause 5 for additional details);
(g) The stairs, lifts or doorways are inadequate or the approach is unsuitable for our vehicles, which requires that we do additional work; and
(h) Any parking or other fees or charges that we have to pay in order to carry out our Services on your behalf.
- 3.3 Transport rate is not always calculated on the actual shipment weight, as a volumetric chargeable weight may apply depending on the density of shipment.
4. Work not included in the quotation
- 4.1 Unless expressly agreed in writing we will not:
(a) Dismantle or assemble unit furniture (flat-pack), fitments or fittings;
(b) Disconnect or reconnect appliances, fittings or equipment;
(c) Remove or lay fitted floor coverings;
(d) Move night storage heaters unless they are dismantled; or
(e) Move or store any items excluded in clause 8. - 4.2 If any of our staff does this kind of work for you at your request and without our written consent then we will not be liable for any loss or damage.
5. Hindrances or unforeseen risks
- 5.1 If at any time our performance is or is likely to be affected by any hindrance or risk of any kind (including the conditions of the Goods) not arising from any fault or negligence on our part and which cannot reasonably have been foreseen or avoided by us with the exercise of reasonable care, then we may abandon the transport of the Goods and the Services without liability on our part.
- 5.2 In such an event, where reasonably possible, we will make the Goods or any part of them available to you at a place we deem safe and convenient, whereupon delivery shall be deemed to have been made, and our responsibility in respect of such Goods and Services shall cease but we shall still be entitled to the agreed remuneration under the contract and you shall pay any additional costs associated with the circumstances mentioned in clause 5.1.
- 5.3 Unforeseen costs - Due to the nature of the area we work in there may be demurrage, truck waiting days convoy/escort, customs inspection and other charges incurred outside of our control. We will make every effort to alert you prior to incurring these charges but these will also be the responsibility of the party / company accepting this quotation.
6. Your responsibility during removal
(a) Ensure that nothing is taken away in error or left behind;
(b) Obtain at your own risk and expense all documents necessary for the removal to be completed;
(c) Provide security for the Goods at the departure and destination points by being present yourself or authorizing someone to represent you;
(d) Adequately prepare and stabilize all Goods prior to their removal;
(e) Arrange and pay for any necessary parking facilities. We will arrange any necessary parking fees at additional charge unless stated on your quotation.
7. Ownership of the Goods and Indemnity
- 7.1 By entering into these Terms and Conditions you warrant that:
(a) The description and particulars of any Goods furnished by you or on behalf of the Owner are complete and accurate;
(b) That all Goods are safe for transport and storage and have been properly and sufficiently prepared, packed, stowed, labelled and marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods;
(c) The Goods to be removed are your own property or you have the authority of the Owner in respect of the Goods to be moved or stored; and - 7.2 You shall indemnify us from all liability incurred in the performance of the Services and undertake that no claim shall be made against any director, servant, or employee of the Company which imposes or attempts to impose upon them any liability in connection with any Services which are the subject of these Terms and Conditions. If any such claim is nevertheless made, you agree to indemnify the Company (including its directors, servants, or employees) against all consequences and liabilities arising thereof.
- 7.3 For the avoidance of doubt, your indemnity covers any liability assumed or incurred by the Company when by reason of carrying out the Customer's instructions the Company has reasonably become liable or may become liable to any third party.
8. What is excluded?
- 8.1 The following items are specifically excluded from our contract with you and if you ask us to move them we do not accept any responsibility for loss or damage (howsoever caused):
(a) Valuable Goods;
(b) Dangerous Goods;
(c) Goods likely to encourage vermin or other pests or to cause infection;
(d) Refrigerated or frozen food or drink; and
(e) Any animals and their cages or tanks including but not limited to pets, birds or fish. - 8.2 We are entitled to dispose of (without notice and liability) any Goods which are listed in clause 8 (b), (c) and (d) above.
9. Information
10. Postponements and Cancellations
11. Paying for the Servicess
- 11.1 You must pay our fees and charges (without deduction or set off) in cash or by bank transfer.
- 11.2 Interest at 4% per month will be calculated (pro rata on a daily basis) on all accounts which are outstanding for more than 30 days.
- 11.3 You will remain responsible for all costs, fees, charges, expenses, duties, freight and related charges even if you give us instructions to collect this from the Owner or any other party who is entitled to delivery of the Goods.
- 11.4 We reserve the right to refuse Services and to terminate any contract with immediate effect if payment is not received in full when it becomes due.
- 11.5 For the avoidance of doubt, payment of our fees when due (and insurance premiums, if purchased through us) may not be withheld or delayed for any reason whatsoever.
- 11.6 Payment in advance is required unless otherwise agreed in writing with ALLIED Romania.
12. Insurance
- 12.1 We will not obtain (and be under no obligation to obtain) any insurance cover for you or the Goods; unless you expressly instruct us in writing to do so.
- 12.2 All insurances are subject to the usual exceptions and conditions of the policies of the insurance provider or underwriters taking the insured risk.
13. Our liability for loss or damage and limitation of liability
- 13.1 We shall perform our duties with a reasonable degree of care, diligence, skill and judgment but we shall, subject to any exclusions and limitations, only be liable for loss of damage caused as a direct result of our gross negligence or wilful misconduct.
- 13.2 We assume you and the Owner are responsible for insurance and accept all risk in relation to the Goods and we shall not be liable for loss or damage to Goods not insured through us.
- 13.3 We shall not be liable for loss or damage resulting from:
(a) fire, loss, or damage while goods are in storage;
(b) moths, vermin or similar infestation;
(c) cleaning repairing or restoring (unless we did the work);
(d) invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, or military coup, strike, lock-out, stoppage or restraint of labour;
(e) wear and tear, leakage or evaporation, atmospheric or climatic changes;
(f) death, injury, sickness or disease arising from the removal or warehousing of any frozen food or drink which are moved entirely at your risk;
(g) indirect or consequential loss, including but not limited to, loss of profit, delay (except as set out in clause 16 below), loss of market value; etc.
(h) items which are brittle or have an inherent defects, deep freezers, the mechanism of clockwork, electronic, or motor-driven goods (unless there are outward signs and visible signs of impact damage);
(i) sensitive equipment or self-assembly furniture that is dismantled and/or re-assembled, regardless of who built it originally, or for self-assembled furniture which is not suitable for transport;
(j) any Goods not packed or unpacked by us;
(k) items left inside cupboards or other furniture;
(l) food or plants;
(m) fixtures, fittings, property or goods damaged as a result of difficult access;
(n) goods received from third parties in an unknown condition or damaged/lost by third parties parties;
(o) Valuable and Dangerous Goods;
(p) loss following from delay unless expressly agreed in writing;
(q) any items referred to in clause 8. - 13.4 We shall not be liable as a Carrier even if you received a transportation document issued by the us unless the transportation document expressly states that we are acting as a Carrier.
- 13.5 Our liability for loss or damage (howsoever arising) shall be limited to the lesser of:
(a) the value of any Goods lost or damaged, or
(b) a sum at the rate of 2 USD (two USD) / 1,5 EURO (one euro and fifty cents) per kilo of gross weight of any goods lost or damaged, subject to a limit of 2000 USD (two thousand USD) / 1500 EURO (one thousand and five hundred euros) per bill of lading, whichever shall be the least; or
(c) double the fees paid for the Services. - 13.6 By special arrangement agreed in writing, we may accept liability in excess of the limits set out in clause 13.5 above provided you agree to pay our additional charges for accepting such increased liability (details of our additional charges will be provided upon request).
14. No liability for third parties
15. Timings, method and route of transportation
- 15.1 We shall use reasonable endeavors to perform the Services in accordance to the agreed written time schedule.
- 15.2 If you change or amend the route or time schedule or your instructions are inaccurate or incomplete or not according to contract, then we may act as we deem fit at your risk and expense in order to perform the Services.
- 15.3 Unless otherwise agreed, we may without notice to you arrange to carry the Goods on or under deck and choose or substitute the means, route and procedure to be followed in the handling, stowage, storage and transportation of the Goods.
16. Delays in transit
- 16.1 If we do not keep to an agreed written time schedule and the delay is within our reasonable control we will pay you reasonable expenses up to a maximum of $150 for any delay. If through no fault of ours we are unable to deliver the Goods, we will arrange for storage at your risk and expense in which case the contract will then be fulfilled and the Goods deemed delivered. Any additional Services, including storage and delivery charges, will be at your expense.
- 16.2 Truck Waiting days - We give 1 day free for loading and export paperwork and 1 days free for import customs clearance and unloading. After exceeding this free time we will charge "our" customer (Freight payer) demurrage per calendar day. Demurrage charges vary depending on country of operation. Delay in transit which occurs due to insufficient or incorrect paperwork provided by the exporter will be charged as above to "our" customer. Cost that unexpectedly occurred due to customs legislation of the country involved (like escort / convoy, changes in regulations, etc.) and the delay demurrage for this will be charged onto "our" customer.
- 16.3 Airfreight pickup / delivery - Loading / unloading must be completed the same day as truck arrival.
17. Damage to premises
- 17.1 We shall not be liable for damage to premises unless caused by our gross negligence or willful misconduct in which event our liability will be limited to a maximum amount of $350 unless property damage insurance has been arranged by us at your request.
- 17.2 Any damage to premises must be noted on the delivery receipt and confirmed in writing to us within 7 days from pick up or delivery (as the case may be). The time limit is essential otherwise we will not be liable and you will have waived your right to claim for damage to premises.
18. Notice
- 18.1 The Goods will be deemed to have been delivered in good order and condition unless we receive written notice (which includes notice by means of telegram, telex, telefax, email or any recording by electronic means) from you, the Owner or the party entitled to take delivery within 7 days of having delivered the Goods.
- 18.2 It is important that we are notified in writing of any loss of or damage to the Goods within 7 days from delivery failing which you will have waived any rights to claim compensation against us for damage or loss to the Goods.
19. Assessment of compensation
20. Our right to sell the Goods
21. Right to general lien
22. Claims against us
23. Our right to sub-contract the Services
24. Jurisdiction and applicable law
- 24.1 These Terms and Conditions and any act or contract to which they apply shall be governed by Romanian law.
- 24.2 Any dispute arising out of any act or contract to which these Terms and Conditions apply shall be subject to the exclusive jurisdiction of the Romanian Courts.
25. Your forwarding address
26. Inventory
27. Payment
28. Revision of storage charges
29. Termination
30. Handing out charges
31. Customer s liability
- 31.1 You shall be liable to the Company for all loss or damage, costs, expenses, fees and charges resulting from inaccurate or incomplete information or instructions given to us in the handing over by you or anyone acting on your behalf, or to any other person to whom we may become liable, of Goods having caused death or personal injury, damage to property, environmental damage or any other type of loss.
- 31.2 In the event that you fail to pay your fees or any charges and costs when due then we may apply a 50% surcharge on your outstanding balance in advance of collections.
32. Severability
DATA PROTECTION AND PRIVACY POLICY (2021)
Allied Romania is responsible for collecting data, as well as the use and protection to be giving them. We establish this privacy policy in order to take the necessary measures to ensure the security, confidentiality and discretion of personal data and prevent that they are altered, transmitted or used by persons with unauthorized access. Allied Romania want to differentiate in a simple, consistent and credible way from non-FIDI movers by demonstrating that the conducted business is under strict ethical compliance procedures.
PURPOSE:
Allied Romania aims to use your personal information to provide transportation services, packing and storage of household goods and to inform of changes and/or notify of the process, and may provide the information to third party in the supply chain, which are related in providing local moving services, international moving services, warehousing, packing/delivery, which includes also administrative, operational and commercial activities resulting from such services.
PERSONAL DATA:
For personally identification, Allied Romania asks for information such as full name, address, telephone number, e-mail address.
In order to provide good quality of services and comply with legal regulations, we will ask for copies of passport and visas, customs documentation, import or export franchises, insurance policies.
All information that our customers will provide, is collected, used, retained, and disclosed confidentiality, in all our supply chain with our providers such as freight forwarders and subcontractors that are part of the removal process.
When data is stored on paper, it should be kept in a secure place where unauthorized people have no access.
These guidelines also apply to data that is usually stored electronically but has been printed out for some reason.
All data will be kept according to local law, minimum for 10 years.
All information is protected against unauthorized access from inside or outside.
When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
Personal data should not be shared informally. In particular, personal data should only be sent via email if the emails are encrypted.
Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.
Servers containing personal data should be sited in a secure location, away from general office space.
Data should only be provided to approve mentioned vendors.
Device storing data should be physically destroyed when no longer in use.
Confidentiality:
All individuals / partners / contractors, agree to treat all confidential information provided by Allied Romania when performing services and shall not (without prior consent from Allied Romania) disclose or permit disclosure of such confidential information to any third party.
Allied Romania partners agree to safeguard all confidential information with at least the same level of care as the moving partners use to protect its own confidential information.
Allied Romania agrees not to use or disclose without consent, personal information for any other purpose than the purpose of witch it provides services.
It also undertakes to store all information concerning the aims, in a secure environment and to make all reasonable efforts to maintain the security of confidential information, based on the bellow values:
CONSENT:
PUNCTUALITY
TRUST
CREDIBILITY
ORDER
INTEGRITY
Data Protection:
The moving partners will agree with Allied Romania policies, procedures, standards, guidelines for privacy, information protection, data and systems security and with all applicable privacy laws and regulations.
All personal data of assignees and other individuals received in connection with this agreement shall be handled and maintained to the requirements of any applicable data protection laws and any subsequent or related legislation.
IMPLEMENTATION:
Within the company, Allied Romania trains and informs all staff throughout its code of ethics, of the care and how to protect the personal data requested, depending on the service provided.
Also, please carefully read the FIDI Anti-Bribery, Anti-Trust and Anti-Corruption Charter, attached to this document.
In case you would like to have access/ review/update, your shared data, feel free to contact us.
ANTI-BRIBERY and ANTI-CORRUPTION POLICY (2021)
Allied Romania is determined to lead the relocation/removal industry by taking a clear stand against bribery and corruption.
Data (Privacy) Protection Management is the systematic application of management policies, procedures and practices with respect to the collection, use, retention, disclosure, and disposal of personal information in conformity with the commitments described in the present document.
Allied Romania has included among its internal policy the present agreement applicable to its employees and partners and all those who act on our behalf as company such as agents, consultants, business partners and third parties, being subject to this internal policy of anti-corruption and anti-bribery compliance, transparency and protection data.
By doing so, Allied Romania will protect the best interest of the relocation/removal industry, the agents, the partners, the customers, on employees.
The present document is a declaration of commitment and covers their employees (weather permanent, fixed-term or temporary) and any associated third parties providing services to and for Allied Romania.
A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage.
Allied Romania takes the commitment to ensure no one suffers any detrimental treatment as a result of refusing to take part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or potential bribery or other corruption offence has taken place, or may take place in the future.
Detrimental treatment includes dismissal, disciplinary actions, threats or other unfavorable treatment connected with raising a concern.
Allied Romania will not promote below types of actions:
Carry out any act of corruption;
Take a bribe or bribe public or private officials as well as anyone else;
The commercial bribery and other corrupt activities taken for the benefit of economic enterprise or own;
The direct and indirect bribery throughout (use of external agents, consultants and others in possible bribery schemes);
Wrong presentation and concealment in accounting records with respect to bribery and other improper acts;
Travels, entertainment and gifts;
Payments to facilitate any operation under the anti-bribery law and agree with leading practices, facilitation payments-even though they are legal under the FCPA-should be banned, except in extreme circumstances where the life or property is at risk ;
Use or disclosure of unauthorized data from customers, suppliers or third parties;
Use or disclose of confidential information for its own benefit or for the benefit of others;
These expectations must be communicated to all those persons who will be performing services for or on behalf of Allied Romania, including any subcontractors.
You undertake to:
Comply with the legal regulations;
Comply with the Allied Romania procedures to prevent bribery and corruption.
Periodic reminders of this policy will be provided to all employees.
Upon revision the present policy will be distributed to all employees, suppliers and final customers.
ACCEPTANCE:
We consider that all above information is pointed to your attention via our website / the present related link existing in all our staff email signatures.
ANTI-TRUST POLICY (2021)
Allied Romania is a quality focused company committed to conduct the business in an honest and ethical manner, by fully comply with the Romanian Anti-Trust law.
As member of the FIDI organization, we don t seek a competitive advantage through unethical, illegal or unfair practice. We are determined to support fight against cartels, which restrict competition among suppliers to the detriment of customers.
The current policy applies to all employees, agents, suppliers, consultants, subcontractors.
To achieve our commitment and to provide unmatched moving and relocation service to our customers, we expect compliance of the following code of conduct:
- Never propose or accept an agreement, whether directly or indirectly, formally or informally with competitors regarding: prices; dividing or sharing markets / customers or territories; rigging a competitive bidding process.
- Report any indication or initiative of improper anticompetitive business conduct by an actual or potential competitor in accordance to the internal reporting procedure, including but not limited to, reporting to the legal department and/or to the relevant Anti-Trust local authorities.
- Not to participate in meetings in which sensitive competition-related issues are discussed. If such subjects are raised during a meeting, they must ask for the discussion to end or they must leave the meeting.
- Ensure that all internal and external correspondence, including e-mails and texts, documents, discussions, etc. do not contain any statements that might be misinterpreted by third parties or Anti-Trust authorities and courts in the context of a potential Anti-Trust investigation.
- Limit any information discussed during commercial negotiations, that might be disclosed to competitors or other third parties.
- Employees shall immediately ask for guidance from or to notify the Managing Director if they receive any inquiry from any governmental agency or from any private lawyer regarding any alleged antitrust violation.
Allied Romania is strongly committed to compliance with the anti-trust policy. Upon violation of this Anti-trust Policy, The Management team may / can take any or all of the following actions: provide a warning or terminate the employment contract of said employee.
Social Responsibility Policy:
Allied Romania had made a priority in offering a healthy and safe environment for the employees. In the same time, offers protection against harassment and discrimination based on race, religion, disability or sexual orientation, and takes immediate action against them.
Allied Romania has ZERO TOLERANCE to any form of non-compliance.
All above is integrated in the internal Code of Conduct.
If you have questions please contact our Executive Manager, on below email address:
Theodor POPA
Executive Manager
E-mail: office@allied.ro
Together with Allied Romania Policy, we add also for your reference the FIDI standards: Anti-Bribery, Anti-Corruption and Anti-Trust Charter
Renewal Date (if the case): May 2022
Reviewed Date: May 2021