Via 3L Standard Terms of Service

via3l_logistika

This document provides information on Via3L’s service terms.
Please note that additional special terms and conditions apply in case of various services. Specific information on these is available in the subchapters covering the respective services.

1. GENERAL PROVISIONS

1.1. These Standard Terms of Service by Via 3L OÜ (hereinafter Standard Terms) regulate the procedure, terms and conditions of providing storage, carriage of goods and other logistics services.
1.2. The Standard Terms apply to a Contract irrespective of its form (e.g., e-mail, other). The Parties may enter into a Contract that regulates the terms and conditions agreed upon by the Parties and on the basis of which Via 3L shall provide the Client Service on a permanent basis.
1.3. The provision of Services shall proceed from the legislation of the Republic of Estonia, the General Conditions of the Estonian Freight Forwarding Association (ELFA) and, in case the goods are stored, from ELFA’s General Terms and Conditions for Warehousekeepers, as well as the Convention on the Contract for the International Carriage of Goods by Road (CMR).

2. TERMS

2.1. Owner of Goods – legal person who has entered into a Contract for the provision of Services with Via 3L
2.2. Services – Storage, Carriage of Goods and other Logistics Services provided to the Client by Via 3L The term ‘Service’ also encompasses services not included in the definitions of Storage, Carriage of Goods and other Logistics Services regardless of whether the Parties agreed on the provision of the service, if the provision of such a service is necessary, e.g., to avoid or mitigate greater damage
2.3. Goods – object belonging to the Client that has been duly packed and labelled and that is handed over to Via 3L for responsible storage and/or Carriage of Goods
2.4. Recipients of Goods – clients of the Owner of Goods to whom Via 3L shall deliver and hand over the Goods based on the orders received from the Owner of Goods or Recipient, and who have the right to take delivery of the Goods
2.5. Order – direction provided to Via 3L by the Owner of Goods or Recipient of Goods to provide the Service
2.6. Service Fee – fees agreed upon by the Parties for the provision of the Services
2.7. Carriage Schedule – delivery times of Goods specified on the basis of days, regions and the temperature of Goods
2.8. SKU (stock keeping unit) – the Parties define SKU as a distinct type of trackable item that has a separate product code for stock keeping
2.9. Storage space – a space for storing pallets of Goods or a separately labelled shelf of fine cargo
2.10. Active slot – a unique space for assembling a product, where the goods are assembled Often, products are assembled at an active slot on the basis of the FEFO principle
2.11. Reserve slot – reserve storage spaces for goods in a warehouse
2.12. Fine cargo shelf – location for goods that require storage in a smaller space owing to their parameters. The volume of goods on fine cargo shelves is calculated in cubic metres (m3)
2.13. Means of Transport – a vehicle that is used for the carriage of goods (van, hatchback, semitrailer)
2.14. Loading Area – the location where the Consignment identified in the Order is loaded or unloaded. The Loading Area must have a solid, smooth, level surface without any steps and must be at road level or at the same height as the tail gate of the Via3L vehicle

3. PROVISION OF SERVICES

3.1. ACCEPTANCE OF GOODS

3.1.1. The Owner of Goods is required to forward a Purchase Order on the arriving goods to Via 3L in the following manner: in electronic and agreed upon format via EDI channels or manually via e-mail klienditeenindus@via3l.eu.
3.1.2. Information may be forwarded via an electronic Purchase Order in .xml and .csv format (link to Via3L’s web page).
3.1.3. The Owner of Goods supplies the Goods to be accepted together with required accompanying documents (conveyance document, invoice / waybill).
3.1.4. The Owner of Goods must send information on arriving goods at least 3 working days in advance.
3.1.5. The Supplied Goods must correspond to the accompanying documents sent by the Owner of Goods.
3.1.6. The Owner of Goods delivers the Goods to Via 3L’s warehouse on EUR-pallets (measurements 1,200 × 800 mm) with a height of up to 2,200 mm and weight of up to 1,000 kg.
3.1.7. The Owner of Goods shall notify Via 3L of Goods that require manual handling at least 7 working days in advance.
3.1.8. The Supplied Goods shall be properly packaged and attached to the pallet, placed straight on the pallet and assembled.
3.1.9. The Supplied Goods must be labelled. It must be possible to identify Goods on the basis of a bar code and the packages of the Goods (boxes or blocks) must be legibly labelled, including the name of the Goods, bar code of the Goods and box (EAN13; EAN128; SSCC), number of boxes in pc., batch (if required) and the best before date. The packages must be placed on the pallet so that the labelling is visible (label facing out).
3.1.10. With each subsequent supply, the Owner of Goods is required to guarantee Goods that have the same or longer expiration date as the goods that were sent to Via 3L’s warehouse the previous times.
3.1.11. If one pallet contains goods that have various expiration dates, they must be clearly distinguished and labelled.
3.1.12. Via 3L presumes that all incoming Goods have been labelled properly and pursuant to the legislation of the Republic of Estonia; in case the Goods require labelling, the Owner of Goods must notify Via 3L of this at least 7 working days in advance.
3.1.13. The Supplied Goods are accessible in the means of transport via a dock leveler. Goods that hinder loading are moved by the driver and reloaded onto the vehicle.

3.2. PRODUCT CARDS

3.2.1. In case of new Goods, the Owner of Goods shall send product card information to Via 3L in an agreed upon format (.xml; .csv; .xlsx; .xls). (link to Via3L’s web page) at least 5 working days in advance.
3.2.2. If the details of existing Goods change (e.g., amount in package, amount on pallet, weight, new EAN, name change, etc.), the Owner of Goods is required to send the information at least 5 working days in advance and in an agreed upon format (.xml; .csv; .xlsx; .xls) (link to Via3L’s web page).

3.3. STORAGE OF GOODS

3.3.1. In assigning storage spaces, Via3L considers pallets with the measurements of
1,200 × 800 mm as standard.
3.3.2. In assigning the height of the pallet space, Via 3L considers the height of the incoming pallet together with the pallet of goods, to which 150 mm required for lifting is added.
3.3.3. The pricing of a storage space based on height is calculated pursuant to the height of the incoming goods.
3.3.4. In keeping stock of active slots and stock keeping units (SKU), the company follows the principle that if an item of goods is out of stock (0 in stock), the active slot is further reserved for the respective Goods.
3.3.5. The Owner of Goods shall notify Via 3L of Goods that will be excluded from their assortment at least 30 days in advance via e-mail to klienditeenindus@via3l.eu, including the product code, product name and EAN code. Based on the notification, Via 3L shall release the active slots of the aforementioned Goods in its Active Slot and Stock Keeping Unit records.
3.3.6. A fine cargo shelf is a space with the maximal volume of 0.48 m³.
3.3.7. Goods that endanger and may harm other Goods (leaking jars etc.) are written off from stock records and must be destroyed immediately. Defective goods are taken to the defective goods’ warehouse.

3.4. ASSEMBLY AND DISTRIBUTION OF GOODS

3.4.1. The Owner of Goods or Recipient of Goods forwards outgoing goods’ Orders to Via 3L in electronic format. Electronic format means forwarding information in .xml, .csv or other similar format via EDI channels.
3.4.2. The Owner of Goods is required to submit Orders pursuant to Via 3L’s Carriage Schedule, which is available here (link to Via 3L’s web page).
3.4.3. For each incoming Order, Via 3L sends an order confirmation and the Owner of Goods is required to immediately notify Via 3L if the order confirmation has not reached the Owner of Goods (in 1 h).
3.4.4. Via 3L assembles all Orders based on the FEFO (First Expired, First Out) principle (except for large-volume returns that do not fit in the active slots of the warehouse and are placed in reserve slots) or, if there is no expiration date, the FIFO (First In, First Out) method for products that have been received and stored in a pallet space.
3.4.5. Via 3L treats all comments added to the Orders, as well as issuing Goods with an expiration date or a specific Batch based on a concrete rule as exceptions.
3.4.6. All Orders that cannot be assembled based on the FEFO rule are treated as assemblies under special conditions.
3.4.7. As a rule, Via 3L allows up to 2 different batches of Goods (1 SKU) to be stored in one active slot. If there are more than two batches, assembling such Goods is performed under special conditions.

3.5. DISTRIBUTION OF GOODS

3.5.1. Via 3L supplies Goods to the Owner of Goods pursuant to the received Orders based on Via 3L’s Order and Carriage Schedule. Goods are supplied to the Owner of Goods on the day specified in the Carriage Schedule between 8 and 18 o’clock, if it has not been agreed upon otherwise in writing.
3.5.2. The loading area of the Owner of Goods must be freely accessible with Van or a larger means of transport. Unloading means loading a consignment off a vehicle and placing it next to the vehicle or on a trestle up to 6 metres away.
3.5.3. Via 3L considers 15 min the maximum time spent on unloading at the Owner of Goods. If the waiting time is longer, a waiting time tariff shall be applied.
3.5.4. If Via 3L is unable to hand over the Goods to the Owner of Goods, such a carriage is considered to be an Unladen Journey, for which Via 3L has a right to require a fee.
3.5.5. Delivery of Goods is confirmed by a confirmation of delivery signed by the Recipient of Goods on a touch screen and/or in hard copy. The confirmation of delivery includes information on the Recipient of Goods’ name, signature, and the date of receiving the Goods. The confirmation of delivery does not confirm that the volume of the goods corresponds to the invoice.
3.5.6. Via 3L supplies outgoing Orders with the help of its distribution logistics, where the orders are dispatched to the Owners of Goods based on Via 3L’s Carriage Schedules.
3.5.7. In exceptional cases, picking up Orders (from the warehouse) is allowed, but the Owner of Goods is required to notify of this at least 2 working days in advance.
3.5.8. Via 3L has the right to change the Order and Carriage Schedule unilaterally, notifying of such amendments 2 (two) weeks before they enter into force.

4. FUEL SURCHARGE

4.1. Bases for calculating fuel surcharge
4.1.1. The fuel surcharge is based on the retail price of diesel fuel sold in Circle K Eesti AS petrol stations.
4.1.2. Calculation of the fuel surcharge: the rate of the change in diesel fuel price (average diesel fuel retail price during the month preceding the provision of the carriage service compared to the baseline price of diesel fuel) is multiplied with a coefficient of 0.40* and the result is added to the fuel surcharge baseline of 0.00%. *The coefficient reflects the estimated impact that the change in fuel prices has on the prices of products and services.
4.1.3. Via 3L notifies of applying the fuel surcharge over the month on its web page or in written format on the 3rd (third) working day of the running month at the latest.
4.1.4. Fuel surcharge is added to the net fee (without VAT) charged for transport services.
4.1.5. Baseline price of diesel fuel: 1.128 €/litre, which corresponds to a baseline fuel surcharge of 0.00%.

5. PARTIES’ LIABILITY AND THE LIMITATIONS THEREOF

5.1. Via 3L is liable for the loss of the Goods in its possession, the reduction of the value of Goods and damage to the Goods. Via 3L is not liable for the acts or omissions of third parties in handling the Goods if the Goods are not in the possession of Via 3L or its carrier.
5.2. Compensation for the loss of Goods or the reduction of their value or damage to the Goods is calculated based on the purchase prices of the Goods. Via 3L is not required to pay other compensation besides the purchase price of the Goods to the Owner of Goods. If Via 3L has compensated for the value of the goods in full, the right of ownership of the Goods belongs to Via 3L. In providing transport services, the parties shall proceed from Special Drawing Rights (SDR), which have been specified in section 5.8.
5.3. Via 3L is not held liable primarily in cases where the loss of the Goods, reduction in their value, damage to the Goods or delay in their delivery has been caused by:
5.3.1. An error or negligence of the Owner of Goods
5.3.2. The Owner of Goods or a person acting on their behalf who loaded or unloaded the Goods or handled them in any other way
5.3.3. Damage arising from the characteristics of the goods, if Via 3L could not prevent the emergence of the circumstances or escape the consequences
5.3.4. A delay due to force majeure circumstances.
5.4. If Via 3L is required to pay accident charge or damages to the carrier or third persons due to the Goods, the Owner of Goods is required to compensate the accrued damage to Via 3L.
5.5. If there is a delay in handing the Goods over to the Recipient of Goods, Via 3L is required to compensate the direct damage caused with this at the request of the Owner of Goods, but no more than 5% of the Service Fee paid for the Service per case. Compensation is not required if Via 3L was not liable for the delay.
5.6. A Party has the right to request that the other Party pay a fine for delay of 0.05% of the outstanding amount for delaying the payment of financial obligations for each delayed calendar day until the amount due is paid in full.
5.7. In case a Party fails to perform their financial obligations under the Contract for more than 30 (thirty) calendar days or if there is a substantiated doubt about the Owner of Goods being able to pay their due financial obligations before the aforementioned term, Via 3L has the right to stop the provision of Services and refuse from handing the Goods that belong to the Owner of Goods over to the Owner of Goods, carrier or Recipient of Goods until the Service Fee debt has been paid (hereinafter Pledge). If the Goods are lost or destroyed, Via 3L has the right to pledge the compensation paid by the insurance provider or carriers or other person, and the accompanying documents. ELFA General Conditions are applied to exercising a pledge and realising Pledged Goods to cover a debt by the Parties. The time, place and manner of realising Goods is at the discretion of Via 3L.
5.8. The maximum rate of liability for carriage services:
5.8.1. Via 3L’s is limited to 8.33 SDR per each kilogramme of the lost or damaged Consignment pursuant to the CMR convention.

6. PROCESSING PERSONAL DATA

6.1. Via 3L follows the data protection acts applied to processing personal data, legal acts on international data protection and provisions, orders, instructions and recommendation issued by competent data protection institutions.
6.2. Via 3L processes the following personal data:
6.2.1. Contact details of the Client, Sender and Recipient (name, address, location, phone number, e-mail address)
6.2.2. Payment details of the Client
6.2.3. In case of participation in promotional campaigns, contact details of the participant and other submitted data.
6.3. Personal data are processed in the manner specified in the policy and in a scope necessary for the provision of services, i.e., for accepting, sorting, transporting, customs clearance and delivery of Consignments. In other cases, i.e., for marketing campaigns and giveaways, Via 3L processes personal data based on a Client’s consent.
6.4. In the framework of providing the Service, it is permitted to forward personal data without an additional permission from the Client to:
6.4.1. Via 3L’s subcontractors that are used in the provision of the Service
6.4.2. Persons and authorities to whom it is necessary to forward the data for providing the Service or in cases where it is required by law or for the protection of public interests.
6.5. Via 3L stores personal data as long as it is necessary for achieving the intended purpose or until the deadline prescribed by law.
6.6. Via 3L applies relevant organisational and technological protective measures to guarantee the necessary level of security in processing personal data.
6.7. The Client has the following rights in relation to processing personal data:
6.7.1. Getting information from Via 3L on their personal data and its use according to the procedure and in the scope specified in law
6.7.2. Requesting that Via 3L stop using, and rectify, close and erase their personal data
6.7.3. Agreeing to or refusing from the use of their personal data for direct marketing or marketing, notifying Via 3L thereof
6.7.4. Turning to the Data Protection Inspectorate and the courts if their rights are breached.

7. AMENDMENTS TO THE STANDARD TERMS OF SERVICE

7.1. The Standard Terms of Service are prescribed by Via 3L who may also unilaterally amend them, incl. if
7.1.1. it is necessary due to a change in applicable legislation or the interpretation thereof
7.1.2. a new Service is implemented or an existing Service is changed or discontinued
7.1.3. changes are made owing to repeated Client feedback
7.1.4. a court decision or administrative act requiring Via 3L to make the change enters into force
7.1.5. Via 3L’s work organisation changes
7.1.6. technological developments occur which allow to improve the quality and/or security of the Services
7.1.7. unforeseen circumstances occur that reasonably necessitate the change.
7.2. Via 3L notifies of amending the Standard Terms of Service via the Via 3L web page (www.via3l.eu) at least 14 days before the amendment enters into force. The Owner of Goods will not be separately notified of the amendments. The amendments that entered into force do not apply to a Service that has been ordered and paid for before the amendments entered into force, except if Via 3L has explicitly stated otherwise or if the amendments do not affect using the Service or do not cause the Client unreasonable harm.