Bring's General Terms of Delivery – Home Delivery

Applicability

These General Terms of Delivery shall, except as stated below, apply to all services provided by Bring Home Delivery Norge AS (Bring), unless otherwise stated in the conditions that apply to the relevant service or has been specifically agreed.

All assignments are performed by Bring in accordance with:

• Any individually contracted terms
• The special conditions that apply to the service in question
• These General Terms
• NSAB

In the event of contradictions between the above-mentioned provisions, they shall have the order of priority as listed above.

Definitions

• Bring – means Bring Home Delivery Norge AS
• Customer – means the legal or physical person who has entered into the Agreement with Bring.
• NSAB – means Nordiskt Speditörsförbunds Allmänna Bestämmelser (the General Conditions of the Nordic Association of Freight Forwarders) in its most current version, currently NSAB 2015, with the exception of § 25 A, paragraph two (insurance).
• Assignment – means the service or services that the Parties have agreed on.
• Service – means the services that the Customer orders for the performance of each individual Assignment.
• Service-specific Conditions – means the special conditions that apply for the performance of the Service.
• Shipment – means packages designated with a common superordinate shipping number from one sender to one or more recipients. A Shipment can consists of one or more packages.
• Bulk Shipment – means packages designated with a common superordinate shipping number from one sender to multiple recipients. A Bulk Shipment shall consist of at least 20 packages, unless otherwise agreed.
• Special Goods – means goods which cannot be loaded together with other goods due to their nature, their packaging or some other reason.

 

Validity and termination notice period 

In case no term and/or termination period has been agreed, a mutual termination period of one (1) month applies. Notice of termination shall be made in writing, and the agreement expires on the last workday of the following calendar month.

Assignments which are non-recurring in nature, without fixed termination notice period, are considered terminated once Bring has completed the Assignment.

Bring may terminate the agreement in writing with immediate effect

(i) if the Customer materially fails to satisfy its contractual obligations and fails to rectify this within thirty (30) calendar days from receipt of written notification of non-compliance, and

(ii) if the Customer has declared bankruptcy, entered into composition negotiations, has submitted an application for company reconstruction to the courts or is otherwise insolvent or has in some other way lost control of the company.

(iii) If the actual volume is significantly lower than the volume that the price was based upon when the agreement was executed. This applies when a separate price schedule has been agreed.

 

Price and payment terms, etc. 

Prices and terms for standard services are specified in price lists published on www.bring.no

The shipping cost is calculated per Shipment according to the most current version of the price list or any special written agreement. Unless otherwise agreed, the Shipment is priced according

to its freight-calculated gross weight including load carrier. It is the Shipment's total dimensions and weight, including pallet/packaging, that is used as the basis for calculating prices. Shipment price for special goods is calculated based on the cargo space required or the number of pallet locations the Goods occupy.

Unless otherwise stated in the individual agreement, the payable weight shall be rounded up to the nearest whole kilogram. For all Shipments over 1,000 kg, the weight is rounded up to the nearest 100 kg. Shipping cost is always calculated using the calculation method that produces the highest calculation weight.

Bring reserves the right to check and, in case of errors, correct the weight and dimensions for the calculation of price for the Service. Change can lead to shipping price changes and surcharges.

In case of unsuccessful outbound delivery due to circumstances attributable to the Customer, the Customer will be charged a surcharge covering administrative costs for a new outbound delivery attempt, in addition to shipping costs and all other costs attributable to the new delivery attempt.

Bring reserves the right to charge dead freight for the occasions when booked goods are not available or the actual amount of cargo is less than the booked volume.

Surcharges may be applied to ordered Services. Unless otherwise agreed, customs duties and other special fees are not included in the price.

If the Parties have specifically agreed price and other conditions, the price is based on the agreed volume, the estimated volume per month and year, daily and seasonal variations, number of shipments, weight per shipment, mileage and type of goods.

In case significant deviations in relation to these conditions occur during a minimum period of three (3) months, Bring is entitled to immediately adjust the price or the terms of the Assignment in a manner that reasonably reflects the deviation in question. A deviation of 10% or more shall always be considered a significant deviation.

If advance payment or other payment terms have not been agreed, payment shall be received by Bring no later than ten (10) days from the invoice date.

In case of late payment, Bring is entitled to charge penalty interest as stated on the invoice. In addition, Bring reserves the right to charge invoicing fees and fees to cover its expenses for reminders and collections.

If payment is not made on time, Bring has the right to freely choose whether to refuse further Assignments or require the pledging of acceptable security.

The payment obligation always rests with the Customer, irrespective of whether another invoice recipient has been agreed. Shipping, additional services and surcharges are invoiced to the Customer.

Penalty interest and other fees associated with the collection of the invoice are charged to the Customer.

If Bring's cost for the Assignment increases as a result of circumstances outside Bring's control, then Bring has the right to immediately adjust the price to compensate for such costs. Such changes may follow from e.g. increased fuel prices, new or altered national/municipal taxes and fees, road tolls, congestion tax/fees, ferry fees, labour market conflicts or exchange rate fluctuations.

If any part of the invoice is disputed, the Customer undertakes to pay all undisputed parts and to never withhold an amount greater than that equal to the disputed amount.

Irrespective of the origin of the claim, the Customer does not have the right to offset payment to Bring when the claim relates to completed Assignments.

The price is exclusive of VAT and fees as described in more detail in the Service-specific Conditions.

Complaint claims 

Visible damage, reduction or loss must be reported immediately when the Goods are received. This shall be documented and confirmed by Bring's representative.

As soon as possible after receiving the Goods, the recipient should check the Goods for hidden damage. Hidden damage shall be reported to Bring in writing no later than within seven (7) working days from the day the Goods was delivered. It is the Customer's responsibility to ensure that the damage is sufficiently documented and that the packaging and the Goods in question are kept to enable inspection.

Bring is not liable for hidden damage that appears in connection with a transport if the Goods were previously transported or handled in a similar manner and the Goods were not checked for hidden damage before the start of the latest transport.

In case of successive transports where others than Bring also has handled the Goods, Bring is not liable

for damage if Bring can make it probable that the damage occurred before Bring, or a party for whom Bring is responsible, took possession of the Goods.

Bring shall not be liable for damage in case Bring can make it probable that the damage has not occurred while Bring, or a party for whom Bring is responsible, had the Goods in its possession.

Liability, etc. 

Unless otherwise expressly agreed, the Service is provided in accordance with the terms of the NSAB, with the exception of § 25.A, paragraph two (insurance). This means that the Customer is responsible for insuring the Goods, unless a special agreement regarding insurance has been entered into.

Delivery time depends on the selected Service and the distance. Unless otherwise specifically agreed in writing, the Service does not have any kind of time guarantee. Transport with time guarantee only applies if this is agreed in writing.

Bring's liability is limited both in terms of amount and liability in accordance with agreements and legislation, including international conventions (including the CMR Convention, the Montreal Convention and the Hague-Visby Rules.) In light of the limitations of liability that apply to the Service provided by Bring, Bring recommends that the Customer insures the Goods.

Bring is in no case liable for any indirect or consequential damage.

Customer´s responsibility, etc. 

The Customer is responsible for ordering the individual Assignment in accordance with the most current version of Service-specific Conditions that applies for the Service in question.

Bring cannot accept a Shipment before a valid order for the Assignment exists.

The Customer is responsible for ensuring that the ordered Service has a coverage area that includes the desired distance of the Assignment. The Customer is responsible for ensuring that the weight and dimensions of the individual Shipment are correctly stated and are in accordance with the most current version of the Service-specific Conditions.

The Customer is also responsible for ensuring that the Shipment has sufficient packaging.

The packaging shall be free of damage and must be able to withstand the stresses of normal handling during transport and at the terminal. The packaging shall withstand the weight of the Goods throughout the Assignment and shall ensure that the Customer's and other goods are not damaged during the transport.

The Customer is responsible for ensuring the Shipment has sufficient documentation to enable performance of the Assignment, including but not limited to, marking, shipping documentation, transport labels, customs documents, commercial or proforma invoices, etc.

If the Shipment contains special types of goods, it is the Customer's responsibility to ensure that the permits and licences necessary to perform the Assignment are included in the documentation. The sender is responsible for ensuring that the transport documentation matches the contents of the Shipment.

The Customer is responsible for ensuring that all information that is provided to Bring in connection with the completion of customs documents and other documents that are necessary for the transport, customs clearance and fulfilment of obligations in relation to public authorities, is both correct and complete.

It is the Customer's responsibility to ensure that the Shipment is ready at the time of pick-up, and that the terms of delivery are met at the agreed time. If Bring is delayed or fails to complete the Assignment as the result of the Service-specific Conditions for pick-up and delivery not being fulfilled, then the Customer will be charged for intermediate storage and all other additional costs incurred.

Bring does not have any duty to examine the contents and packaging of the Shipment or that there is proper and sufficient documentation for the Shipment in question.

Types of goods

The Customer is responsible for ensuring that it holds all necessary permits and licences required for the sale, distribution and delivery of the contents of the Shipment. If the Shipment holds contents that are subject to special regulation for sale, transport, distribution or delivery, by law or regulation, then the Customer is obliged to inform Bring of this at the time of the order. Assignments may not be carried out for certain types of goods in accordance with the most current version of the Service-specific Conditions.

Shipments of particular high value (e.g. gold, silver, precious stones, coins, banknotes, securities and technical equipment) require a special written agreement. Funeral transports, removals, unpackaged goods and shipments requiring a customs arrival notice are not accepted. not accepted.

Confidentiality

The Parties have a duty to maintain confidentiality as regards the content of the agreement and any knowledge about each other's operations they acquire through the cooperation. All documents exchanged between the Parties are confidential. Information about the companies' organisation and operating conditions, company secrets and other company-specific information, such as the content of quotes and contracted prices, is strictly confidential and may not be used by the other Party in any context other than in the fulfilment of the agreements entered into between the Parties, with the exception of information that:

is publicly known at the time that the Parties exchange the information or later becomes publicly known in a manner other than through the negligence of the recipient

a) was already known by the recipient as a result of their own activities.

b) can be legally obtained from other free sources. This confidentiality clause shall remain in force after the agreement expire or is terminates, regardless of the reason therefore.

Miscellaneous

Bring is free to engage subcontractors to fulfil contracted obligations, including to utilise other companies within the Posten Norge AS group.

No Party may transfer their rights or obligations to a third party without the written consent of the other Party, with the exception of Bring's free right to transfer the agreement to another company within the Posten Norge Group.

The Customer is at all times obliged to keep Bring informed of the estimated volumes for the three (3) upcoming monthly periods, and to inform Bring of expected and planned changes as soon as possible.

Force majeure 

A Party shall be freed from the obligation to fully or partly fulfil the agreement if and to the extent that fulfilment of the Party's obligations is hampered, prevented or delayed due to circumstances beyond that Party’s control, such as e.g., extreme weather conditions, natural disasters, measures taken by the authorities as a result thereof, labour market conflicts, war, floods, fires and other sudden and unforeseen events that prevent the affected Party from fulfilling its contractual obligations. The reservation for labour conflicts applies both in the event that the affected Party initiates industrial actions or is the object of industrial actions. The Parties shall inform the other Party as soon as possible if such a situation arises and try to limit the consequences.

Amendments

Bring has, unless otherwise agreed in writing, the right to change the content of the General Terms of Delivery for Home Delivery if (i) this is due to laws or decisions by the authorities; (ii) Bring consider this necessary.

All significant changes must be notified at least 30 days in advance. In case the Customer does not accept the change, it has the right to withdraw from the agreement as from the date the change would take effect – in such case the Customer must inform Bring hereof no later than one week before the change would take effect.

Offset

Bring has the right to offset

i. its claims and claims that another company within the Posten Bring Group has on the Customer; and/or

ii. claims that the Customer has with Bring or another company within the Posten Bring Group.