Offer Agreement
PREAMBLE
This document constitutes an official public offer (the “Offer”) in accordance with Articles 633 and 641 of the Civil Code of Ukraine. This Agreement is addressed to any individual or legal entity (hereinafter referred to as the “Client”) wishing to use freight forwarding services.
Acceptance (full and unconditional acceptance of the terms of this Offer) is deemed to occur when the Client submits an Application via the appropriate form on the website, by email, or via messaging apps. Upon Acceptance, this Agreement is deemed to be concluded without the need for physical signatures by the parties.
1. SUBJECT MATTER OF THE AGREEMENT
1.1. Pursuant to this Agreement, the Freight Forwarder undertakes, for a fee and at the Client’s expense, to provide—and, if necessary, to arrange for the provision of—the services specified in this Agreement relating to the carriage of cargo, and the Client undertakes to accept and pay for the services duly rendered.
1.2. The specific list of services, route, cost, and information about the cargo are specified in the Cargo Transportation Request (hereinafter referred to as the “Request”), which is an integral part of this Agreement. The Order is generated based on the information provided by the Client on the website and is agreed upon by the Parties through email correspondence or via the Freight Forwarder’s official messaging platforms. If the Order cannot be fulfilled, the Freight Forwarder is obligated to immediately notify the Client thereof. In such a case, the Client has the right to cancel the Order.
1.3. At the Client’s request, the Freight Forwarder may provide the following services:
1.3.1. ensuring optimal transportation services and organizing the shipment of cargo throughout Ukraine and foreign countries;
1.3.2. arranging for vehicles and ensuring their delivery to ports, rail stations, warehouses, and terminals;
1.3.3. handling the receipt, consolidation, sorting, warehousing, storage, and transportation of cargo;
1.3.4. maintaining records of cargo receipts and shipments;
1.3.5. organizing the security of cargo during transportation, transshipment, and storage;
1.3.6. organizing cargo inspections;
1.3.7. preparing and distributing freight and transport documentation;
1.3.8. providing participants in freight forwarding activities with shipping requests and shipping orders;
1.3.9. ensuring the return of substandard or damaged cargo to the shipper;
1.3.10. insuring cargo and the freight forwarder’s civil liability;
1.3.11. preparing and equipping vehicles in accordance with regulatory requirements;
1.3.12. optimizing cargo movement to minimize costs;
1.3.13. settling accounts with ports and transportation organizations;
1.3.14. processing of documents in accordance with customs, quarantine, and sanitary requirements;
1.3.15. provision of prepared transportation and ensuring the safety of the cargo;
1.3.16. provision of other auxiliary and related freight forwarding services.
1.4. The Client may make changes to the Order no later than 24 hours prior to the shipment’s departure by sending a corresponding notification via email or to the Freight Forwarder’s messaging app.
1.5. In this Agreement, “means of transport” refers to motor vehicles, seagoing vessels, and containers.
1.6. In the event that transportation takes place in a zone of military operations or under conditions of heightened military risks, the Freight Forwarder shall carry out the transportation in compliance with the strictest security measures, and the Parties shall agree on the possibility of adjusting delivery times and additional expenses.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The freight forwarder agrees to:
2.1.1. Select carriers that hold the necessary permits. If the information in the Request is insufficient, request the missing details;
2.1.2. Ensure the timely provision of roadworthy vehicles and supervise loading and transportation;
2.1.3. Store the cargo from the time of receipt until delivery, and be liable for any loss, damage, or shortage;
2.1.4. Verify that the cargo complies with the Order and supporting documents;
2.1.5. Verify the authority of persons accepting the cargo;
2.1.6. Comply with delivery deadlines and notify the Client of any delays;
2.1.7. Ensure that all documents are properly prepared;
2.1.8. In the event of a vehicle breakdown, ensure delivery using a similar vehicle;
2.1.9. Within 5 business days after completion of the services, provide an invoice and a delivery-acceptance certificate;
2.1.10. Insure the cargo at the Client’s request;
2.1.11. Notify the Client of the progress of the Contract’s performance;
2.1.12. Provide details of the shipment by the end of the business day of dispatch.
2.2. The Customer agrees to:
2.2.1. Provide accurate and reliable information about the cargo;
2.2.2. Prepare the cargo and documents prior to the arrival of the transport;
2.2.3. Arrange for customs clearance of the cargo (if necessary);
2.2.4. Provide access for supervision of loading/unloading;
2.2.5. Ensure proper packaging and labeling;
2.2.6. Pay for services in a timely manner and reimburse any additional expenses.
2.3. The freight forwarder has the right to:
2.3.1. Change the type of vehicle and route with the Client’s consent;
2.3.2. To withhold the cargo in the event the Client fails to meet its financial obligations.
2.4. The Client has the right to:
2.4.1. Determine the route and mode of transport during the Order approval stage;
2.4.2. Receive information regarding the shipment.
3. PAYMENT PROCEDURE
3.1. The Client shall pay for the Freight Forwarder’s services in hryvnia based on the invoice issued and the acceptance certificate for logistics services. The Freight Forwarder reserves the right not to release the cargo until full payment for the services has been made.
3.2. The cost of services for a specific shipment is specified in the Order (or invoice) and may be changed only by agreement of the Parties.
3.3. The Client shall sign the acceptance certificate within 5 business days after the services are rendered or provide a reasoned refusal.
3.4. Payment for the services shall be made within 5 banking days after signing the acceptance certificate and receiving the invoice, unless other terms (e.g., prepayment) are agreed upon in the Order.
4. LIABILITY OF THE PARTIES
4.1. The Freight Forwarder is financially liable for the loss of or damage to the cargo during transportation, including acts committed by third parties engaged by the Freight Forwarder.
4.2. The Client is liable for damage caused by its own fault (for example, due to inaccurate information or improper packaging).
4.3. The Client may cancel the Order with the Freight Forwarder’s consent. In the event of cancellation, the Client shall reimburse the Freight Forwarder for all actual expenses incurred.
4.4. In the event of late payment, the Client shall pay a penalty equal to twice the NBU’s discount rate for each day of delay.
5. MILITARY RISKS AND FORCE MAJEURE
5.1. The parties acknowledge that, when transporting goods in areas of heightened military risk, delays, additional expenses, or route changes may occur, of which the Freight Forwarder shall immediately notify the Client.
5.2. Force majeure circumstances include: war, hostilities, blockades, acts of sabotage, mass unrest, extreme weather conditions, and other events of insurmountable force.
5.3. The Party affected by a force majeure event must notify the other Party in writing (via email) within 3 business days. The performance of obligations shall be suspended for the duration of such circumstances.
6. DISPUTE RESOLUTION
6.1. All disputes arising in connection with this Agreement shall be resolved through negotiation. If no agreement is reached, such disputes shall be resolved in the courts of Ukraine in accordance with applicable law.
7. OTHER TERMS AND CONDITIONS
7.1. This Agreement is a public contract. The Freight Forwarder has the right to unilaterally amend the Offer by posting a new version on the website.
7.2. In the event of a change in the Freight Forwarder’s contact information, the Freight Forwarder shall update the information on the website, which shall be deemed proper notice.
8. TERM OF THE AGREEMENT
8.1. This Agreement shall enter into force upon the Client’s acceptance thereof (submission of the Application) and shall remain in effect until the Parties have fully fulfilled their obligations.
9. BANK INFORMATION
Full Name: CARGO – F58 LLC
Identification Code (EGRPOU / TIN): 44017783
Registered Address: Ukraine, 65016, Odesa Oblast, Odesa, 71 Fontanska Road, Office 216
Phone Number: +380689403182
Email: DMITRYDMC@GMAIL.COM