Terms and Conditions of Transport

These rules determine the terms and conditions of the transportation organization to be carried out within the scope of the contract by TAR-SHA ULUSLARARASI LOJİSTİK HİZMETLERİ TİC.LTD.ŞTİ (“TAR-SHA”), located at the address of Labor Bloks Regnum Sky Tower Kat.20 No.77 Çukurambar Çankaya Ankara Turkey.

1. TOPIC

1.1. The services within the scope of this contract are transportation of cargo (all kinds of transportation including land, sea, air and train) and organization of transportation work, receiving the cargo from the seller and delivering it to the buyer, storage, consolidation and/or separation of the consolidated cargo, packaging, customs services, It is assistance, transportation, delivery and distribution organization and consultancy services regarding the preparation of export and import documents or arranging the necessary documents. The services specified herein and the services to be provided outside the scope of this article will be determined by an additional protocol or proposal text to this contract. The protocol to be made regarding the transportation and/or the scope of the offer sent and the proforma invoice are an integral part of these terms and conditions of transportation.

1.2. This agreement will primarily apply to all rights, responsibilities and disputes that may arise regarding the transportation organization.

2. DEFINITIONS

• Transportation Broker means the company that signs an agreement with the Customer requesting the transportation work and organization.

• Carrier means the natural or legal person who actually carries out the transportation of the cargo with his own transportation vehicle or who expressly, directly or indirectly carries out the responsibility of transporting the cargo (contracted carrier).

• Customer refers to the natural or legal person who has rights and obligations within the framework of a transportation brokerage services contract concluded with a transportation broker or as a result of activities related to such services.

• Cargo refers to any goods, including live animals, and any container, pallet or similar transport container or packaging vehicle that is not provided by the transportation broker.

• Mandatory Law refers to legal rules that cannot be changed with the consent of the parties.

• It means any record made in writing, by letter, telegram, telefax, e-mail or electronic means.

• Precious material refers to bullion or processed gold, metal or paper money, valuable documents, precious stones, jewellery, antiques, paintings, works of art and similar items.

• Dangerous Goods refers to cargoes officially classified as risky goods by local or international conventions.

• Delay means exceeding the reasonable time required to carry out the transportation or exceeding the transportation period agreed upon by the parties, if a certain period of time has not been agreed for transportation.

3. TRANSPORTATION METHOD AND LOADING INSTRUCTIONS

3.1. TAR-SHA performs its services according to the terms of the offer or protocol agreed upon with the CUSTOMER; Apart from this, if the CUSTOMER has any instructions and this instruction is incomplete, incorrect or contrary to the contract, TAR-SHA may act as it deems appropriate, provided that the costs and risks belong to the CUSTOMER. TAR-SHA has the right to have the cargo sold when there is a possibility that the value of the cargo it has received will decrease or cause danger of damage to property, life or the environment. In such a case, the transportation fee, sales expenses and expenses incurred by TAR-SHA are collected first and the remainder is requested from the CUSTOMER.

3.2. Loading instructions, explanations, notifications and subsequent instruction changes must be in writing. The burden of proof regarding the accuracy of the content of the instructions belongs to the person making the claim.

CUSTOMER is obliged to fully and completely inform TAR-SHA of all information necessary to carry out the transportation process, such as address, container, package number, quantity, package type and content, and characteristics of the goods.

In the case of dangerous goods, the CUSTOMER must inform TAR-SHA of the description of the dangers that the goods may pose and the precautions to be taken in such a case. If the risk code of the cargo is defined by international customs, practice and regulation, the CUSTOMER will notify TAR-SHA about the danger code applicable to the goods. TAR-SHA has no obligation to check such information provided by the CUSTOMER.

4. TRANSPORTATION ORGANIZATION HAS BECOME IMPOSSIBLE

If it becomes impossible for TAR-SHA to fulfill its commitments and fulfill its obligations or due to any obstacle or risk that cannot be attributed to its fault or negligence and cannot be avoided with reasonable care, TAR-SHA;

a) may not continue the transportation of the cargo, may stop its transportation and notify the CUSTOMER of the situation in writing. If possible, it may leave all or part of the load at the disposal of the Customer in a place it deems safe and appropriate. The cargo is deemed to have been delivered to the CUSTOMER at the place where it was left at his disposal and TAR-SHA's liability has ended.

b) may not continue the transportation of the cargo, may stop its transportation and notify the CUSTOMER of the situation in writing. If possible, it may leave all or part of the load at the disposal of the Customer in a place it deems safe and appropriate. The cargo is deemed to have been delivered to the CUSTOMER at the place where it was left at his disposal and TAR-SHA's liability has ended.

c) reserves the right to change the mode, duration and route of transportation and has the right to request the transportation fee and additional expenses to be incurred accordingly. If a written instruction is not received within 48 hours after notification to the CUSTOMER, article a will take effect.

5. RESPONSIBILITIES AND OBLIGATIONS OF TAR-SHA

TAR-SHA is obliged to exercise due care and take all precautions while providing transportation brokerage services.

6. CUSTOMER'S RESPONSIBILITIES AND OBLIGATIONS

6.1. CUSTOMER is responsible for any incorrect or incomplete information and instructions given to TAR-SHA or third parties for which it will be responsible, by himself or another person acting on his behalf, or the loads that cause death, bodily harm, material damage, environmental damage or any other damage. is liable to TAR-SHA for all losses, damages, expenses and official obligations arising from its delivery.

6.2. If damages and losses arising from the carrier's liability are covered by TAR-SHA, TAR-SHA reserves the right to recourse to the CUSTOMER.

7. FORCE MAJEURE

7.1. If extraordinary weather conditions, fire, epidemic, piracy, war, terrorism and/or theft activities are encountered during the transportation service, TAR-SHA will notify the CUSTOMER about this situation within a reasonable time.

7.2. TAR-SHA will not be responsible if the transportation activity is disrupted due to extraordinary weather conditions, fire, epidemic, pirate activity, war, terrorism or theft, the cargo is delivered late, the cargo is delivered damaged or cannot be delivered at all.

8. CONTRACT PRICE AND PAYMENT TERMS

8.1. Invoices issued by TAR-SHA and sent to the CUSTOMER will be paid within 30 days. The currency in which the invoices will be issued and the bank rate or currency in which the payments will be made are determined between the parties at the proposal stage. The payment principles accepted at the offer stage will be taken into consideration.

8.2. Invoice amounts will be sent to the bank specified in TAR-SHA's proforma invoice/invoice or offer text.

will be paid to your account. If the cargo subject to the transportation service is damaged or lost, the contract fee will not be refunded.

8.3 Late payment interest will be charged on invoices not paid on time.

9. TERMINATION

TAR-SHA has the right to unilaterally terminate the contract immediately if the contractual obligations cannot be fulfilled due to incomplete, inaccurate and erroneous information provided by the CUSTOMER. If the contract is terminated in this way, all expenses, payments made by TAR-SHA and payments related to requests from third parties will be requested from the CUSTOMER. CUSTOMER accepts and undertakes to make payments without any sanctions and/or legal decisions.

10. DISPUTE RESOLUTION

10.1. All disputes arising from or related to this agreement will be resolved in Ankara Courts in accordance with Turkish Law.

10.2. Turkish law will apply in disputes arising from this agreement.