These general terms and conditions apply to all contracts entered into between Horizont Atlantic S.L. and its clients. The use of the services of Horizont Atlantic S.L. implies acceptance of these terms and conditions. They are supplemented by the individual agreements on rates and services.
1.-Purpose of the contract.
1.1-For the purposes of this contract, the client is the person(s) who commission(s) Horizont Atlantic S.L. to carry out the transport-removal or services specified in the attached document.
1.2-The transport-removal contract shall always be formalised in writing. Its rates are calculated on the basis of the data provided by the client regarding origin, destination, type of goods, quantity, volume and individual characteristics. Horizont Atlantic S.L. reserves the right to modify the specific offers or discounts on the rates in force before the end of their period of validity, depending on possible variations in the data provided by the client for their calculation, as well as due to cost increases beyond its own management (sea freight, administrative charges, fuel increases, taxes, etc.…)
2.-Type of service.
-The transport-removal service includes all the operations specified in the agreed TYPE OF SERVICE and its SUPPLEMENTS, if any. In the case of contracting a combined service (the client shares the sea and land means of transport), the delivery times are for informational purposes only: For exclusive services there are two time brackets; a fixed one that will depend on the ports of destination and origin and will vary between 1 and 3 weeks for domestic services and within the EEC, and between 1-3 months for international services, and a variable time estimated between 4 and 10 days from arrival at port until final delivery at the destination address. In combined services, the means of transport are shared with other clients and these time frames will be specifically indicated in the initial quotation, such time frames being merely informative on the part of the company. Due to the COVID-19 pandemic, supply chains worldwide have collapsed, causing changes in transport flows, massive shipment delays and a shortage of containers for the movement of goods. Please note that this situation may force us to apply unforeseen charges due to the increase in sea freight prices. Horizont Atlantic S.L. reserves the right to make changes to quotations and rates due to alterations in transit, cancellations or restrictions imposed by shipping and airline companies because of the pandemic.
3.-Prices and validity of the transport-removal service.
3.1-. According to the following conditions or the particular conditions reflected in the quotation.
3.2.-A revision of the price of sea and road transport is established based on the variation in the price of diesel fuel, or on the variation in market prices, when the formalisation of the quotation has taken place more than 30 days after the date of issue of the quotation.
3.3.-Not included in the price or in the contracted service: The public road occupation fees to be requested from the competent authority when traffic regulations prevent parking of the vehicle used for delivery, it being understood that there is a need for this when it is not possible to park within 15 metres, measured perpendicularly, from the entrance of the dwelling to the nearest parking place that safely and legally, in accordance with traffic regulations, allows such parking.
3.4.- The inspections required by Customs as a result of the random inspection of goods carried out by said Authorities, which affect all goods moving within national territory.
3.5.- The disassembly and assembly of furniture or shelving units that are fixed to walls or that, due to their glued construction and dimensions, must be handled and disassembled, and therefore require unglueing or sawing.
3.6.- The installation and hanging of wall lights, lamps, paintings, mirrors, clocks, shelves, towel rails and curtains, nor any other decoration work requiring fixing to walls, ceilings or floors by means of nails, hooks, brackets and other fixing elements. Handling or transport of telecommunication equipment, photocopiers, computers, electronic equipment, etc., whose respective instructions expressly prohibit handling by third parties, disconnection of pipes, electrical appliances, lamps, wall lights, etc. These operations must already have been carried out by the time the service begins; likewise, the reconnection and plugging-in of appliances is excluded.
3.7.-Without prejudice to direct checks by the Company, when the collection and/or delivery of the shipment involves a special difficulty, the client must notify the Company before formalising the contract and, if accepted by both parties, the additional cost arising from such difficulties will be assessed and added to the price of the removal. Failure by the client to disclose the existence of such difficulties will entitle the Company to make a claim.
The following shall be understood to constitute special difficulties and shall be subject to assessment for the purpose of valuing the price:
3.4.1.-The narrowness of the street or access to the origin/destination properties that prevents the vehicle carrying out the transport from approaching the foot of the building's façade.
3.4.2.-The lack of space to handle the goods that have to be loaded/unloaded.
3.4.3.-The inadequacy of balconies, windows, openings or staircases, in terms of their narrowness, layout or lack of structural strength, to allow the transported goods to be brought in or taken out.
3.4.4.-Access limitations due to urban planning and/or traffic regulations, such as pedestrian streets with controlled access or requiring the closure of traffic, or the removal of street furniture such as signs or fire hydrants.
3.4.5.-The holding of festivities or events that hinder or prevent access to the loading/unloading locations.
3.4.6.-The existence of properties with interior courtyards or architectural layouts that place the entrance/exit door more than 15 metres on foot from the place where the transport vehicle is parked.
4.-Packing and packaging conditions
When any of the disassembly, packing, unpacking and assembly operations are carried out by the client, regardless of whether the material for such operations is supplied by the Company, the Company may reject objects, packages or containers that are presented in poor condition, poorly packed or poorly labelled for transport. If, despite this, the client insists on shipping them, this particular circumstance will be recorded in the inventory with the following mark (PBO) and the Company shall be exempt from liability for any damage occurring during loading, transport and unloading.
The acceptance, for transport, of goods packed by the client expressly exempts Horizont Atlantic S.L. from any damage caused by such deficiencies.
5.-Liability coverage.
5.1.-Undeclared value. With the application of 8% on the value of the freight and a minimum charge per shipment of 1,000 Euros. The carrier's maximum liability is extended to 65.25 Euros per m3, equivalent to 1 euro per kilo of goods lost or damaged. Without the carrier being liable for loss of profit or non-material damages.
5.2.-Declared value. The insurance stipulated by the parties will apply according to the appraised value of each package/item, in accordance with the inventory valued for insurance purposes and stamped/sealed by both parties. The minimum premium for the insurance is set at 160.50 Euros, taxes included; below this premium, belongings are not insured with all-risk coverage.
5.2.1.- Incomplete sets. – In the event of damage to furniture, glassware or crockery, only the broken and/or damaged pieces will be replaced or compensated, and not the remaining ones, even if a set or pair is left incomplete.
5.2.2 Internal mechanism clause. – The insurance company is liable for breakages or damage that the goods covered by this contract may suffer in their internal mechanisms or parts only when they are the result of transport accidents covered by the policy, which have left visible traces on the packaging and on the exterior of the insured items.
5.2.3. Used furniture clause. – Expressly excluded are costs arising from the unglueing of legs or parts of furniture, if there are no breakages or signs of violent impact on them. Likewise, also excluded are all costs or valuations for artistic depreciation, sentimental value and/or similar.
5.3.-Claim. The consignee must state their reservations to the carrier in writing, describing in general terms the loss or damage at the time of delivery in the case of evident defects, which must be recorded on the service report sheet that the client must sign as proof of conformity/non-conformity of the services performed. In the case of non-apparent losses or damage, reservations must be made in writing to Horizont Atlantic S.L. within 7 calendar days immediately following delivery of the belongings; if no reservations are made, it will be presumed that the belongings were delivered in perfect condition. Claims for breakage or damage will not be accepted if the packaging was considered insufficient or inadequate for transport. Claims will require a deductible of 250 Euros for their processing, which must be paid in advance in order to process the claim. In the case of breakage or damage to the surfaces of furniture, the client accepts a visit from a company representative to assess the damage, who will indicate, if it can be repaired, the company assigned for its restoration; should the client not accept repair by the restoration company assigned by Horizont Atlantic S.L., the client may choose a different company, provided that the cost of the repair is equal to or less than the price charged by the company assigned by Horizont for the repair as originally quoted.
5.4.-Exclusions. The carrier shall not be liable for damage, delays or losses caused by force majeure or fortuitous event, by political or social causes, such as sabotage, strikes, military forces or measures, even in peacetime, wars, etc.; deterioration of furniture taken up or down via balconies or difficult staircases, damage caused by the narrowness of doors or corridors, and by items being glued or restored; damage caused by spillage of liquids, toxic substances, or acids contained in containers, spontaneous combustion, temperature influence, fermentation, etc., breakage of coloured marble, panes and frameless mirrors; damage due to the nature or inherent defect of the items; in case of transport of electronic equipment, plotters, photocopiers, reproduction equipment or digital information storage equipment, the carrier's liability shall affect only the structure of such devices and their parts, excluding claims relating to software and any repair related to recalibration, adjustment, or servicing after transport by technical service. Ultimately the client will be responsible for checking the total number of items loaded, the company not being liable in the event that an item was not loaded due to a failure to check at the end of the collection.
5.4.-Exclusions for partial collections. In partial collection services the client undertakes to check that all items entrusted for transport have been loaded, with no item that should have been loaded remaining in the dwelling; otherwise, this must be reported to the team leader before they leave the collection site.
6.-Delivery hours and client availability: The client must be available to receive their belongings within working hours from 8 a.m. to 5 p.m., Monday to Friday, notifications for deliveries will be given 72 hours in advance, and the client must be available on one of the three days following the email notification of arrival; otherwise, the company reserves the right to charge storage fees in accordance with the rates in force. Deliveries requested by the client outside working hours will incur a surcharge of 20% of the accepted quotation.
7.-Deliveries and impossibility of delivery: If the Consignee refuses to accept or pay for the delivery, or if the shipment is considered unacceptable, or has been undervalued for customs purposes, or if the Consignee cannot be identified or located, Horizont Atlantic will make every reasonable effort to return the shipment to the Sender at the Sender's expense and, if this is not possible, the Shipment may be abandoned, destroyed, disposed of or sold by Horizont Atlantic S.L without incurring any liability towards the Sender or any other person, the proceeds being applied against the service charges and related administrative costs, with the remainder of the proceeds generated by the sale being returned to the Sender.
8.-Delivery delays: Horizont Atlantic S.L. will make every reasonable effort to deliver the shipment in accordance with normal transit times, but these are not guaranteed and do not form part of the contract, Horizont Atlantic S.L. will not assume any loss or damage caused by delays.
9.-Damage insurance: Should the client need to take out specific insurance for their goods, they may do so through an independent insurance company, or our organisation offers the possibility of insuring the goods on an “all-risk” basis for their cost or replacement value, provided that the sender makes an express declaration of their content and value and pays the applicable premium.
10.-Storage. Goods that cannot be delivered after seven calendar days from their arrival at destination, without prejudice to the possibility of requesting the deposit of such goods from the Transport Arbitration Board, shall accrue storage charges according to the rate in force. Horizont Atlantic will notify the shipper and the recipient, if possible, of the reason why delivery cannot be made. In the event of a change of consignee, and/or a second delivery, the difference in freight charges, if any, will be invoiced.
11.-Customs clearance. Unless otherwise indicated in writing, customs clearance at origin will be carried out by the Customs Agent chosen by Horizont Atlantic S.L. The charges for this service, both in mainland Spain and in the Canary Islands, shall be as set out in the rates in force, as well as the increases for additional procedures. For the payment of import duties, when these exceed the amount of 150 euros, a provision of funds will be requested in order to clear the goods. From the moment of clearance in the Canary Islands, the taxpayer will have 15 calendar days to submit a written claim regarding any discrepancy observed in the tax settlement. (I.G.I.C-, VAT) After this time Horizont Atlantic S.L. is exempted from any liability and the payment of the corresponding demurrage and applicable fees for terminal occupation and storage of the goods will be borne by the client. The company reserves the right not to release the cargo for shipment until the client has submitted all the documentation requested in the quotation/service confirmation sent by email. Horizont Atlantic may carry out any of the following activities on behalf of the Sender in order to provide its services:
11.1.-Complete any document, modify product or service codes and pay any duty or tax required under applicable legislation and regulations.
11.2.-Act as the Sender's Cargo Agent for Customs and export control purposes, and as Consignee solely for the purpose of designating the customs agent to handle customs clearance and entry.
11.3.-Redirect the shipment to the Consignee's import agent or to another address at the request of any person whom Horizont Atlantic S.L. reasonably believes to be authorised.
12.-Dangerous goods.
Horizont Atlantic S.L. will not accept any type of dangerous goods for shipment; the client must report the existence of any such goods so that they can be excluded from the shipment; if the client fails to report their existence, the company shall be exempt from any liability for damage to the rest of the cargo caused by them, and in the case of transport under groupage/consolidated cargo arrangements, the client will be liable for the damage caused to the rest of the goods and must compensate the owners of the rest of the cargo financially. Likewise, the company declares that plants and animals cannot be transported.
13.-Taxes.
The rates do not include IGIC, but the applicable tax rate for each case will be indicated in the offers, namely: 0% for imports and exports; 3% for local services and 7% for storage services.
14.-Cancellation of the service.
Withdrawal from the contract or postponement of the service at the request of the client or the company shall give rise to compensation in favour of the aggrieved party. Such compensation is set at one third of the amount of the removal if the other party is notified more than 7 days and less than 14 days before the date, or at half that amount if notified with less than 7 days' notice. If notification is given more than 14 days before the agreed start date of the removal, no compensation shall be payable by either party. Such withdrawal must be made in writing by completing the corresponding withdrawal form
15.-Method of payment and invoicing.
Unless otherwise agreed, as described in the quotation sent by email, invoices shall be paid at the time of signing said contract by bank transfer, debit card, or Bizum. The party obliged to pay shall incur default after a period of thirty days, under the terms provided for in Law 3/2004 of 29 December. Instalment payment shall under no circumstances be considered for international transport, for domestic shipments, in the event of the payment for the service being split into instalments, the final payment is set upon arrival at the port of destination in mainland Spain/Canary Islands; for local services, once 50% of the unloading work at the destination address has been completed. The client has the right to receive the invoice free of charge, in paper or electronic form, by requesting it from contabilidad@horizontatlantic.com
16.-Regulations and Limitation Period.
The transport/removal contract is of a commercial nature and shall be governed by its own clauses and, in respect of matters not provided for therein, by Law 15/2009, of 12 November, on the contract for the carriage of goods by road, and, insofar as they do not conflict with the foregoing, by the general terms and conditions applicable to the contracting of road haulage of goods approved by Order of the Minister of Public Works of 25 April 1997 and its subsequent amendments.
17.-Jurisdiction. For all matters relating to the performance and execution of this contract, the parties expressly submit to the courts and tribunals of the province of Santa Cruz de Tenerife, with express waiver of the Transport Arbitration Boards.