Terms and conditions of use
General terms and conditions of carriage SAN MARINO MAIL ITALIA S.R.L.
- These General Terms and Conditions (the “Conditions“) govern the performance by SAN MARINO MAIL ITALIA S.R.L. (“SMM“), on behalf of the sender (“Customer“), of the transport service of parcels, documents and envelopes (“parcels“) and goods stacked on pallet platforms (“pallets“; pallets and parcels are hereinafter jointly referred to as “shipments“). These conditions are to be considered supplemented by the current version of Appendix 1 “SMM economic offer and product sheets” (the “Appendix“) and any additional Appendices (“Additional Appendix“). The Appendices contain important details about the services offered by SMM and the relative rates, which form an integral part of the agreement between SMM and the customer, and the customer is required to be aware of them.
- Shipments may be made with intermediate stops that SMM considers appropriate. These conditions will also apply to the services carried out and to the contracts entered into by the subcontractors that SMM may use, who will operate on behalf of SMM or its employees or subcontractors.
- In these conditions, “Consignment Note” means the document accompanying the shipment, drafted by the customer or by SMM, as well as any other document or label relating to the shipment, regulated by these Conditions, including ones produced by an automatic system belonging to SMM or the customer, subject to authorisation by SMM. In the event that the consignment note is generated by SMM’s automatic system, the sender, who must check the accuracy of the information contained therein, declares they accept it and recognise it as their own.
2. Scope of the Service
Unless special services and/or specific measures are agreed by means of separate operating agreements that form an integral part of the economic offer, and subject to these conditions, the service provided by SMM includes the collection of goods from the customer, the acceptance and taking in charge of the goods, the delivery of the goods to the warehouse of the local distributor, customs clearance, if necessary, and the delivery of the shipment to the end recipient or, when included in the service, local drop-off points. These conditions will also apply to the services performed and contracts entered into by the subcontractors that SMM may use, which will operate on behalf of SMM or its subcontractors.
SMM reserves the right, at its absolute discretion, to refuse to transport any shipment that is entrusted to it for carriage.
3. Terms and Conditions of Carriage
This point concerns the various restrictions and conditions that govern the transport of shipments by SMM and the consequences in the event that the customer gives shipments to SMM for transport that do not meet the requirements referred to in these conditions.
3.1. Shipments must comply with the restrictions referred to in points (i) to (v) below.
- Shipments must comply with maximum weight and size limits, which may vary depending on the origin and the destination, as indicated in the Appendix.
- Shipments must not contain any of the prohibited items listed in point 4.
- Shipments may not contain goods that pose a danger to human or animal life or that could compromise or damage the means of transport or that could otherwise contaminate goods transported by SMM or whose transport, import or export are prohibited by current laws.
- Pallets must be stacked and stackable, so that they can be moved by a forklift truck and wrapped with shrink film. At its discretion, SMM may request that the packaging of parcels is approved as indicated below: the customer must send SMM three samples of the goods to be shipped which will be tested and verified for their suitability for transport, after which they will be returned to the customer. After the packaging is approved, and at its sole discretion, SMM will provide the customer with access to the services offered, including the refund terms and conditions in case of damage as explained in more detail in point 10.
The customer will be responsible for the accuracy, completeness and correctness of the data in the consignment note – even if it has been generated by SMM’s automatic system – and must ensure that all shipments bear the necessary identifying details of the customer and the recipient of the shipments, and that they are packaged and labelled with a description and classification of their contents and accompanied by the documentation necessary for transport, as well as in compliance with the requirements of the Appendix and applicable laws. In the event of inaccuracies or errors, the customer must promptly inform SMM of the corrections to be made. The customer guarantees that all shipments handed over for transport pursuant to these conditions comply with the restrictions referred to in points (i) to (iv) above.
3.2. SMM does not provide special treatment for shipments of perishable goods or goods that require controlled temperatures. They will be transported by SMM on the condition that the customer accepts that transport takes place at their own risk.
3.3. SMM reserves the right to refuse or suspend transport if – where applicable – one of the following conditions occurs:
- If SMM finds that a shipment does not comply with any of the requirements and restrictions referred to in point 3.1., SMM may refuse the transport of the shipment in question and, if transport is already underway, SMM may suspend transport and retain the shipment.
- SMM may also suspend transport if – in spite of all reasonable efforts to find the address – it is unable to deliver to the recipient, or if the recipient refuses to accept the delivery, or if the address is incorrect or if, however correct, the address is in a different country from the one indicated on the shipment or in the consignment note.
- If the customer has not paid invoices, starting from the day after the expiry of the agreed term for payment as indicated in point 7.5.
- In all cases in which there is the right to suspend the transport of a shipment in accordance with points 3.3 (i), (ii) and (iii), SMM may also, at its sole discretion, return the shipment to the Customer, transfer it or dispose of it.
3.4. The customer must pay and hold SMM harmless from any reasonable costs and expenses (including deposit costs) incurred by SMM, from losses, taxes and customs duties that SMM may incur, as well as from all claims made against SMM:
- due to the fact that a shipment did not comply with any of the limitations, conditions or declarations referred to in point 3.1 or
- due to transport being refused or suspended or a shipment (or part of a shipment) being returned by SMM pursuant to point 3.3. or
- due to a customer failing to comply with these conditions. If a shipment (or part of a shipment) is returned, the customer will also be required to pay all the related costs, calculated according to the commercial rates normally applied by SMM.
3.5. f the customer hands a shipment over to SMM that does not comply with the restrictions or conditions referred to in point 3.1, SMM will not be liable for any loss that the customer may suffer concerning the transport by SMM or its subcontractors of the shipment and, if SMM suspends transport under these conditions, the customer will not be entitled to any refund of the transport costs paid. SMM may take legal action to assert its rights in this regard.
3.6. If, after having suspended the transport of a shipment (or a significant part of a shipment) in the cases indicated in point 3.3. and having made all reasonable efforts to identify the recipients, SMM will have the right to destroy or sell the shipment (or a significant part of the shipment) at its discretion. The sum obtained from this sale will be ascribed to the charges, costs or expenses (including interest) not yet paid, due by the customer in question relating to the shipment or for another reason.
3.7. SMM may at any time open and inspect the shipment entrusted to it.
4. Goods excluded from transport
Non vengono accettate per il trasporto le seguenti tipologie di merce:
The following types of goods are not accepted for transport:
- Human remains or body parts or ashes from a cremation
- Animals (live or dead)
- Pharmaceutical products
- Money or negotiable instruments or bills payable to the bearer (such as cheques, promissory notes, bonds, savings books, credit cards, share certificates, etc.)
- Gold, precious items or items of exceptional value (such as gold and silver medals, works of art, antiques, precious stones, jewellery, stamps, unique pieces).
- Firearms, firearm parts, ammunition or dangerous goods
- Goods subject to monopoly
- Shipments of inflammable and/or dangerous material except for liquids that can be transported by road
- Shipments whose packaging has not been approved by SMM
- Shipments not accompanied by the required documentation
5. Fragile goods
Fragile goods travel at the customer’s risk. The acceptance of fragile goods does not imply acceptance of liability in the case of damage and/or breakage.
6. Customs clearance
6.1. If customs clearance is required, the customer must provide SMM with the required instructions and documentation for this purpose.
6.2. The customer is aware that SMM – to the extent that this is permitted by law – may be considered the nominal recipient of the shipment, for the sole purpose of designating the customs agent in charge of customs clearance, and accepts it.
7. Payment for the service, rates and invoicing
7.1. The rates are adjusted on the basis of presumed traffic, in other words on the quantity of shipments that may be presumed to be made by the customer during the contractual relationship, as indicated in the Appendix. The base rate indicated in the Appendix may only be applied in relation to the presumed traffic indicated above.
The rates of the services applied will be based on the information provided by the customer. However, SMM reserves the right to verify compliance of what the customer has declared with the service actually performed and to apply the relative rate indicated in the Appendix.
In all other cases it is agreed between the parties that the rates for each individual shipment must be calculated on which of the actual weight and the volumetric weight has the highest value. The customer acknowledges SMM’s right to re-weigh and re-measure the shipment and to invoice the customer for any charge for discrepancies.
The rates applied by SMM and detailed in the Appendix are updated on an annual basis. Nonetheless, in exceptional cases, if specific circumstances justify their being updated, they may be changed during the year, in such cases SMM will inform customers of the update with at least 30 days’ notice regarding the shipment to which they will be applied.
The rates applied by SMM and detailed in the Appendix do not include any additional Fuel Surcharge costs, calculated on a percentage basis to partially offset the increases in fuel costs for road transport. The Fuel Surcharge percentage is calculated based on the difference between the initial reference value (IN.V.) for the cost of transport fuel and the same updated value (UPD.V.) during the invoicing month minus one, in proportion to the incidence of the fuel value on the distribution or transport system (FUEL INC.).
The fuel surcharge will be calculated using the following formula: FUEL INC.* ((UPD.V.-IN.V.)/IN.V.) = FUEL SURCHARGE. Distribution network calculation parameters:
FUEL INC. 8%;
IN.V, initial value, average fuel cost per litre €/l, with reference to the average in 2016 for the destination country.
UPD.V., updated value = the average value of the month in which the shipping services are provided minus 1.
Data source: http://ec.europa.eu/energy/en/statistics/weekly-oil-bulletin. For some services the percentage of Fuel Surcharge will refer directly to the amount charged by the distributor involved in the distribution, see the technical data sheet for each service
The Fuel Surcharge percentage will be charged in the last line of each invoice, separate from fees for services.
7.2. The fee for the transport service and for the other services referred to in the Appendix, must be paid, unless otherwise agreed, as detailed in your services offer. The invoice may take into account the actual and/or dimensional weight of the shipments which, after having been verified by SMM, may be higher than the declared weight.
7.3. If government authorities require SMM to pay any tax, charge, penalty and/or expense due to any circumstances, including in the case of incorrect information or documentation and permits or licences required relating to the shipment being transported, the customer will be liable exclusively to SMM for the payment of these amounts, which may recoup the sums paid from the customer at any time.
7.4. In case of late payment by the scheduled date, late payment interest will be applied, calculated at the reference rate plus eight percentage points, starting from the due date of the payment, on a daily basis, until the date SMM receives the payment plus the additional costs indicated in point 9. On each invoice SMM may charge administrative costs for late payment up to a maximum of 40 EUR.
7.5 If the customer does not pay the sum due pursuant to these conditions, SMM may suspend the service, retain the transported shipments (or part of them) until full payment is made and may sell them and retain the amount due from the sum obtained from the sale.
8. Suspension of the service
If SMM is unable to initiate or continue the transport of the customer’s shipment for reasons not attributable to SMM, this will not constitute a breach, provided that SMM has made all reasonable efforts, considering the circumstances, to initiate or continue transport. This includes, by way of example, but not limited to, force majeure events: the interruption of land communication routes, as well as fire, flood, wars, riots or uprisings, initiatives by government authorities or other authorities (including, by way of example only, customs), labour disputes or obligations involving SMM or third parties.
9. Late Payment
9.1. From the day after the expiry of the agreed term for payment, the customer is required to pay interest on arrears to the Company on the sums due, to the degree referred to in point 7.5., in addition to expenses recovering the credit, pursuant to art. 6 of Legislative Decree 231/2002. The customer will also be charged the additional sums deriving from failure to comply such as, for example, bank receipt return fees.
9.2. Failure to pay just one invoice, or split invoice, may also lead to, if provided for, forfeiture of the agreed term for any further invoices, with any legal consequence this carries with it, as well as the application of default interest to the degree indicated in point 7.4. and the additional expenses referred to in point 9.1., as well as the suspension of the service referred to in points 3.3. (iii) and 7.5., with effect from the date of issue of the invoice, without the need for formal notice.
10.1. SMM is liable to the extent established by the rules, where applicable, of the Warsaw Convention or of the Geneva Convention (Convention relative au contrat de transport international de Marchandises par Route – CMR) or other national rules that implement these conventions (hereinafter referred to as “Convention Rules”) or if and to the extent that they are applicable by national rules up to a maximum amount of € 100 per shipment.
International Transport Liability equal to 8.33 SDRs (Special Drawing Rights) per gross kg transported. The SDR value can be found in the main financial newspapers in the currencies section.
Italy National Transport Liability equal to Euro 1.00 for each gross kg transported.
10.2. SMM assumes no liability for any economic damage, such as loss of earnings, loss of profit, loss of business opportunity or loss of turnover resulting from the loss, damage or delay in the delivery of a shipment.
11.1. Unless otherwise agreed, SMM will deliver the shipment to the recipient indicated in the consignment note or to a person authorised to accept it.
11.2. Without prejudice to the provisions of the previous point, the parties may agree on alternative delivery methods, which include redirecting the delivery of the package to a different address or rescheduling the delivery, including in accordance with the instructions provided by the recipient. The customer also agrees that the recipient may receive information about the delivery of a package.
11.3. In the cases referred to in point 11.2. SMM assumes no liability under any circumstances for the suspension of transport and the forwarding of the delivery (to a recipient or to an address other than the ones indicated in the consignment note).
12. Insurance cover
12.1. the customer may ask SMM, in writing and at the time of delivery, to enter into an insurance contract on behalf of the entitled party to cover the entire value of the goods. SMM will make no form of advance payment of what is due by the Company under the policy. The indication of the value to be insured by the customer is equal to a declaration of the value of the goods, except for the insurer’s right to ascertain the actual value of the goods. The customer will only be able to request compensation after having provided every document requested by the insurance company and having demonstrated their right over the goods.
13.1. SMM may, even after the customer’s order, assign credit by means of the financial tool of factoring, under the terms and conditions that will be agreed with the Factor. Using this tool, SMM will transfer receivables due from the customer to a Factor who will deal with paying in advance, managing and collecting these commercial receivables. Except as specifically provided for in the particular conditions of assignment of receivables with the Factor, SMM will propose the mass assignment of all receivables from each debtor to the Factor or the individual assignment of receivables within 30 days from the date of provision of the services for which the credit arose.
13.2. Except as otherwise provided for in the abovementioned conditions, the customer will be notified of each accepted assignment – which will be noted on the invoices relating to the Credits assigned – by SMM no later than 10 days from the date of assignment of the credit or, in the case of future credits, no later than 30 days from the date on which they arose. This notification will be accompanied by an order to pay the Factor the amounts due to SMM, in accordance with the methods agreed between SMM and the Factor and which will be specified in the notification.
14. Complaints Procedure – Lapse
All claims for compensation against SMM must be notified in writing as soon as reasonably possible and, in any case, within 30 calendar days from the date the shipment is handed over. Furthermore, all complaints against SMM concerning any shipment will lapse and expire due to expiry of the terms, if no legal action is taken and SMM is not notified in writing within 3 months after delivery or the expected delivery date. Nonetheless, these provisions do not affect the customer’s rights under the Conventional Rules or other national mandatory regulations.
15. Handling pallets
The wooden pallets are ceded by the customer together with the goods that are transported on them and contribute to forming the tax base of the goods delivered for shipment. SMM or its subcontractors are under no obligation to return pallets. Pursuant to article 12 of Presidential Decree no. 633/1972, these procedures follow the VAT applied to the main operation.
16. Customer Reference
The customer authorises SMM to enter them in the list of its references, therefore explicitly indicating the customer as a reference (non-exclusive right to use the customer’s brand and logo) and to also publish the reference on the internal SMM website. The customer can withdraw this right from SMM at any time.
San Marino Mail undertakes not to disclose to third parties or use for its own personal benefit any of the information or data that it receives when carrying out the shipping order.
The Parties mutually undertake to observe and make their employees, staff and partners observe secrecy regarding all data they receive when carrying out the service, and not to disclose to third parties any information or documentation acquired through the contract, under penalty of termination of the contract.
18. Protection of Personal Data
18.1 SMM has the right to process the data received from the customer or the recipient during transport, to transfer such data to its subcontractors, including to other non-EU states that may not have the same level of protection of personal data as the state of origin, and to process them there, if and to the extent that the transfer and processing of data in these states is necessary to provide the agreed transport services. In such cases, SMM undertakes to process them in compliance with the suitable guarantees provided by the legislation on the transfer of data abroad. This transfer will take place on the basis of an adequacy decision or model contractual clauses, in compliance with articles 45 and 46 of EU Regulation 2016/679.
In the scope of this purpose, the Customer appoints, with a specific contract, SMM Data Processor pursuant to article 28 of EU Regulation 2016/679.
The customer guarantees that they: (i) have obtained the personal data that they have provided to SMM for shipment legally; (ii) are authorised to provide SMM with these data if and to the extent that the transfer and processing of data in such states is necessary to provide the agreed transport services and (iii) have informed the recipient that SMM will use the their email address or telephone number for communications and other notifications relating to the agreed transport services. SMM uses the personal data of its customer’s end recipients in accordance with the European Regulation 2016/679.
19. Express termination clause
19.1. The parties expressly agree that failure to comply with the obligations contained in these conditions and in civil and/or criminal and/or administrative laws will result in the legal termination of this contract, except for the services in progress, by means of termination by registered letter with return receipt or via PEC certified mail, to be sent with 30 days’ notice.
19.2. SMM also has the right to withdraw from the contract at any time and with 15 days’ written notice.
20. Failure to comply
In the event that SMM fails to comply with the contents of any of the Clauses in these Conditions, it will not in any way intend to renounce the rights deriving from the Clause and will not in any way limit SMM’s right to use them.
21. Completeness of the Conditions and Partial Invalidity
All the conditions of the contract between SMM and the customer are contained in this document and in the Appendix.
In the event that the customer wishes to make changes to these conditions, they must ensure that the changes are made in writing and signed by the customer and SMM before the shipment is handed over for transport.
If one or more clauses or a part of them contained in this document is considered ineffective, this will not affect the validity and effectiveness of the other provisions in these conditions.
22. Applicable law and jurisdiction
These conditions will be entirely governed by Italian law.
For any dispute concerning this contract, the court of the SMM registered office where the contract was entered into will have exclusive jurisdiction (Milan).