Rail Freight Conditions
NOTICE ON MARKET CONDITIONS & ADDITIONAL CHARGES- Rates & Capacity: All rates are subject to train capacity, equipment availability, terminal capacity, carrier acceptance, rail operator schedules, infrastructure availability and prevailing market conditions.
- Transit Times: Any transit times, schedules, ETD, ETA or delivery estimates are provided for information purposes only and do not constitute a contractual commitment.
- Routing: Routing remains at the discretion of rail operators, carriers, terminals and service providers. SMINLO cannot guarantee any specific route, border crossing, rail corridor, terminal or transit country.
- Border & Infrastructure Risks: Transit times and rail operations may be affected by border congestion, customs controls, sanctions-related inspections, infrastructure restrictions, terminal congestion, train cancellations, rail network disruptions or governmental measures beyond SMINLO’s control.
- Force Majeure: SMINLO shall not be liable for any delay, loss, damage or failure to perform resulting from events beyond its reasonable control, including but not limited to natural disasters, war, military conflicts, sanctions, border closures, strikes, rail infrastructure failures, epidemics, pandemics, governmental actions, embargoes or other force majeure events.
- Additional Charges: Any rail infrastructure surcharges, congestion surcharges, energy surcharges, fuel surcharges, terminal surcharges, security surcharges, equipment surcharges, emissions surcharges or other charges introduced after the quotation date shall be charged additionally.
- Operational Costs: Any storage charges, terminal handling fees, customs inspections, customs fees, weighing fees, VGM verification, demurrage, detention, container repositioning, waiting time, re-delivery costs, return shipments or other charges arising during transportation shall be payable by the Customer.
- VAT: Price quotation does not include VAT.
- Validity: Quotation validity is subject to final space, equipment and carrier confirmation.
- Currency Fluctuations: USD or other foreign currency-denominated items will be converted using the exchange rate valid on the day of shipment execution. In case of exchange rate fluctuations exceeding 3%, SMINLO reserves the right to adjust the quotation accordingly.
- Rate Adjustments: We reserve the right to recalculate the quotation should rail operator rates, fuel costs, energy costs, infrastructure charges, exchange rates or other material cost components change prior to execution.
- Order Cancellation: In the event of cancellation of a confirmed transport booking by the Customer, SMINLO shall be entitled to charge a cancellation fee amounting to 100% of the agreed freight together with all demonstrably incurred ancillary costs. The above shall not apply if otherwise agreed in writing between the parties.
- Transport from the specified place of pick-up to the specified place of delivery as stated in the quotation.
- Standard handling operations directly associated with the quoted transport unless otherwise specified.
- Free time for loading/unloading (including waiting at customs offices) up to 3 hours. Thereafter waiting charges of EUR 30 per commenced hour shall apply.
- Cargo Insurance: Insurance of goods against all risks is excluded. We strongly recommend arranging commercial cargo insurance, which SMINLO can provide upon request.
- Duties & Taxes: Customs duties, taxes, customs guarantees and other governmental charges.
- Terminal Charges: Storage, demurrage, detention, terminal storage, terminal handling, inspection fees and other terminal-imposed charges.
- Special Handling Services: Heavy cargo handling, special lifting operations, VGM weighing, inspections, container repositioning, customs examinations and other special services unless explicitly included in the quotation.
- Pallet Exchange: Pallet exchange, pallet balances, pallet shortages and pallet administration are not included unless explicitly agreed in writing.
- Customer Errors: Any costs arising from inaccurate, incomplete or late information provided by the Customer.
- Data Accuracy: The Customer is fully responsible for the accuracy and completeness of all shipment information, including cargo description, weight, dimensions, package count, customs documentation, origin, destination and commodity classification.
- Cargo Ownership & Acceptance: The Customer confirms that the goods are not subject to ownership disputes, commercial disputes, pending claims or any circumstances that could prevent delivery, customs clearance or acceptance by the consignee.
- Weight & Dimension Discrepancies: Any additional charges arising from differences between declared and actual weight, dimensions or volume shall be borne by the Customer.
- Container Weight: Weight calculations may include the container tare weight in accordance with applicable rail, terminal and carrier regulations.
- Overweight & Restrictions: The Customer is responsible for providing accurate cargo weight information. Any penalties, surcharges, weighing costs, handling costs, transport restrictions or additional charges resulting from overweight cargo or incorrect weight declarations shall be borne entirely by the Customer.
- Loading & Cargo Preparation: The Customer shall ensure that cargo is properly packed, loaded, secured, labelled, documented and suitable for rail transportation. SMINLO and/or its service providers reserve the right to refuse cargo deemed unsafe, improperly packed or incorrectly declared.
- Dangerous Goods: The Customer is solely responsible for proper declaration of dangerous goods in accordance with applicable regulations. Undeclared or incorrectly declared dangerous goods shall be the sole responsibility of the Customer.
- Lithium Batteries: Lithium batteries and goods containing lithium batteries must be fully declared prior to shipment. Any costs, penalties, delays or damages arising from undeclared or incorrectly declared lithium batteries shall be borne entirely by the Customer.
- Undeliverable Cargo: If delivery cannot be completed, customs clearance cannot be finalized, the consignee refuses the cargo or delivery instructions cannot be executed, SMINLO may arrange storage, return transport, disposal or other reasonable measures at the Customer’s risk and expense.
- Sanctions Compliance: The Customer confirms that neither the cargo nor any involved party is subject to applicable sanctions, embargoes, export control restrictions or trade prohibitions. Any resulting costs, penalties, delays or losses shall be borne entirely by the Customer.
- Service Suspension: SMINLO reserves the right to suspend transportation services, release of cargo, release of documents or any other services in case of overdue invoices, exceeded credit limits or reasonable concerns regarding the Customer’s financial solvency.
- Invoice Disputes: Any objection regarding an invoice must be submitted in writing within 14 days of receipt. Otherwise the invoice shall be deemed accepted.
- General Lien: SMINLO shall have a general lien on all cargo, documents and funds under its control for all amounts due from the Customer, whether arising from the particular shipment or from any previous or current business relationship between the parties.
- Payment Allocation: The Customer agrees that payments received may be allocated by SMINLO at its sole discretion against any outstanding invoices, debit notes, interest, fees or other amounts due from the Customer.
- Cancellation: Cancellation of a confirmed transport booking may be subject to cancellation charges, terminal costs, positioning costs, rail operator charges and other expenses incurred by SMINLO.
- CIM Liability: Carrier liability is not cargo insurance and is subject to limitations under the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM), COTIF and applicable law.
- Liability Limits: Any liability for loss, damage or delay shall be governed exclusively by applicable international conventions, carrier conditions and relevant legislation.
- Forwarder Status: SMINLO acts solely as a freight forwarder unless otherwise agreed in writing.
- General Conditions: All services are provided exclusively in accordance with the General Freight Forwarder’s Conditions of the Association of Logistics and Freight Forwarding of the Slovak Republic (VZP ZLZ SR).