SMINLO General Terms & Conditions

1. Scope of Application

These Terms apply to all communications, quotations, bookings, transport orders and logistics services provided by SMINLO through e-mail, telephone, WhatsApp, web forms, customer portals or any other communication channel.

2. Orders and Acceptance

A transport order shall be deemed binding upon submission of a transport order by the Customer, written confirmation by the Customer, confirmation by SMINLO, or commencement of transport execution. Messages, inquiries or requests do not automatically constitute acceptance of an order unless confirmed by SMINLO.

3. Quotations

All quotations are based on information provided by the Customer and remain subject to space availability, carrier acceptance, equipment availability and market conditions. SMINLO reserves the right to adjust quotations in the event of carrier rate changes, fuel surcharge adjustments, terminal charges, infrastructure charges, governmental fees, exchange rate fluctuations or other material cost changes occurring prior to transport execution.

4. Transit Times and Schedules

Any transit times, schedules, ETD, ETA, delivery estimates or shipment status information are provided solely for information purposes and do not constitute a contractual commitment. SMINLO shall not be liable for delays caused by carriers, terminals, customs authorities, weather conditions, traffic conditions, infrastructure restrictions, border controls or any circumstances beyond SMINLO’s control.

5. Customer Responsibility

The Customer is fully responsible for the accuracy, completeness and timeliness of all shipment information provided to SMINLO. This includes, but is not limited to:

• cargo description,
• weight and dimensions,
• number of packages,
• HS codes,
• customs documentation,
• origin and destination information,
• dangerous goods declarations,
• ADR, IMDG and IATA classifications.

Any costs, penalties, delays or damages arising from inaccurate, incomplete or late information shall be borne entirely by the Customer. SMINLO shall not be obliged to verify the accuracy, completeness or correctness of information provided by the Customer.

6. Cargo Insurance

All-risk cargo insurance is not included unless explicitly agreed in writing. SMINLO strongly recommends arranging commercial cargo insurance for every shipment and can provide such insurance upon request.

7. Additional Charges

The Customer acknowledges that additional charges may arise during transport, including but not limited to:

• customs inspections,
• demurrage and detention,
• storage and warehousing,
• terminal handling charges,
• security inspections,
• weighing fees,
• special handling charges,
• carrier-imposed surcharges,
• governmental fees and duties.

Such charges shall be payable by the Customer unless directly caused by SMINLO.

8. Order Cancellation

Road Transport: In the event of cancellation of a confirmed transport order less than 24 hours prior to loading, SMINLO shall be entitled to charge a cancellation fee of 50% of the agreed freight. In the event of cancellation after the vehicle has been confirmed by the carrier, positioned at the loading place or after transport execution has commenced, SMINLO shall be entitled to charge a cancellation fee amounting to 100% of the agreed freight together with all demonstrably incurred ancillary costs. Sea Freight, Air Freight and Rail Freight: In the event of cancellation of a confirmed 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.

9. 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.

10. 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 costs, delays, penalties or losses resulting from sanctions-related issues shall be borne entirely by the Customer.

11. 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, strikes, pandemics, epidemics, border closures, port closures, airport closures, rail infrastructure failures, governmental actions, sanctions, embargoes or other force majeure events.

12. Payment Terms

SMINLO reserves the right to suspend services, cargo release, document release or any other services in the event of overdue invoices, exceeded credit limits or reasonable concerns regarding the Customer’s financial solvency. Any objection regarding an invoice must be submitted in writing within 14 days of receipt. Otherwise the invoice shall be deemed accepted.

13. 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.

14. Limitation of Liability

Carrier liability insurance is not cargo insurance. Liability for transport services shall be governed exclusively by the applicable international conventions, carrier conditions and mandatory laws, including but not limited to CMR, CIM/COTIF, Montreal Convention, Hague-Visby Rules and other applicable regulations. SMINLO shall not be liable for indirect losses, consequential damages, loss of profit, production losses or commercial losses.

15. Forwarder Status

SMINLO acts solely as a freight forwarder unless otherwise agreed in writing. SMINLO is entitled to select, appoint and replace carriers, subcontractors, terminals, warehouses and service providers at its sole discretion unless expressly agreed otherwise in writing.

16. Governing Conditions

All services are provided exclusively in accordance with:

• these SMINLO Customer Service & Communication Terms,
• the applicable international transport conventions including but not limited to CMR, CIM/COTIF, Montreal Convention and Hague-Visby Rules,
• SMINLO’s Road, Sea, Air and Rail Transport Conditions published separately,
• the General Freight Forwarder’s Conditions of the Association of Logistics and Freight Forwarding of the Slovak Republic (VZP ZLZ SR) or other applicable national freight forwarding conditions where relevant.

17. Electronic Communication

The Customer agrees that communications exchanged through e-mail, customer portals, electronic platforms, WhatsApp Business or other electronic means may be used as evidence of instructions, agreements, confirmations and communications between the parties.

18. Acceptance

By sending an inquiry, quotation request, booking request, transport order, communicating with SMINLO or using any SMINLO service, the Customer confirms that they have read, understood and accepted these Terms.