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Rules of CAU

1. GENERAL CONDITIONS

These regulations determine the conditions for providing courier connection services by the group of companies under the trademark of Courier Airmail of Ukraine (CAU). These conditions shall apply to all types of services provided by any CAU official or department (Provider) and shall be effective until the Client is informed about other conditions by means of written notice signed by the authorized CAU official or approved such conditions.

2. TERMS AND DEFINITIONS

With the purpose of identical interpretation of terms and concepts both the Client and the Contractor accept the following definitions:
CAU Airway Bill (AWB) – the document that specifies the parties of the contract, the content of the service, and confirms the fact and the date of acceptance and delivery (handing to the Receiver) of the Sending against the order of the Client. The fact of signing the CAU Airway Bill by the Client/Sender shall mean his full and absolute approval of the Regulations, conditions of the Contract and its Appendices. Any oral or written instructions with regard to the conditions of providing services which contradict the Regulations, Contract, its Appendices and CAU Airway Bill shall be regarded as invalid. CAU Airway Bill shall be the only CAU original transport document and shall be regarded as an integral part of the Contract.
Address servicing - the departure of the Contractor’s courier to the address specified in the Client’s Order to pick up or deliver the Sending.
Prohibited items – all the goods and materials prohibited for transportation by one of the current laws, subordinate legislation or by the conditions of this Contract.
Piece/Cargo – any package, bag, box or container, accepted and delivered by CAU.
Sending – an envelope or a total number of pieces/cargo delivered from one address to another against one CAU Airway Bill.
Regular Sending – the Sending accepted without the Sender’s evaluation of the cost of the contents.
Sending with a declared value – Sending accepted with the evaluation of its cost performed by the Sender.
Hazardous cargo – substances, objects and items which can cause explosion, fire, damage of the vehicle, equipment and other cargo as well as cause death, injuries, poisoning, burns, radiation and diseases of people and animals during their transportation, handling operations and storage.
Volume weight of the Sending is a conditional indicator which reflects cargo density. The Volume weight of the Sending is calculated on the following formula:
Volume weight (kg) = (Length X Height X Breadth) (cm³)/5000
Address servicing register (POD) - the document of the approved pattern containing information about the final delivery with its confirmation or about the attempt of delivery (in case of absence of the recipient).
Chargeable weight of the Piece/Cargo is the weight that is used to charge the cost of the service. Chargeable weight is the highest indicator in comparing the physical and volume weight (1m³ of cargo = 200 kg). Both physical and volume weight are determined by the Provider.
Chargeable weight of the Sending is the sum of the chargeable weight of the Pieces/Cargos of this Sending. The sum obtained is rounded up to the closest whole number. 
Terminal/Warehouse is the place where the Sendings are accepted, given out, stored and handled.
Courier connection services – activities including acceptance, handling, transportation and delivery of Courier Sendings (Sendings). Delivery service means the period from the moment of acceptance of the Sending against the CAU Airway Bill to the moment of giving out the Sending at the Recipient’s address specified by the Sender though it’s not obligatory to hand it in to the person named by the Sender.
Valuable cargo – contents of the cargo listed among the goods requiring additional precautions that can minimize the risk to lose or damage it during transportation (the category of valuable cargo comprises the goods that combine high market liquidity and high price for the piece).

List of goods referred to the category of Valuable cargo:

• Cellular (mobile) phones;
• Computers and office equipment;
• Laptops;
• Cameras and camcorders.

Express-center – regional CAU department performing the full range of activities on providing courier connection services.

3. APPROVED RESTRICTIONS

3.1. The Provider shall not accept for delivery the Sendings with the declared value against the inventory of their content and he shall not accept the Sendings with the counted contents and the inventory and he shall not document the results of the inventory of the contents of the Sendings in the waybill or any other Sender’s internal documents.

3.2. The Provider shall not accept for delivery the following:

• Sendings classified as the hazardous cargo of any category, prohibited for transportation by Regulations concerning carriage of dangerous goods by automobile transport (approved by the Order of Ministry of Transport of Ukraine of 8 August 1995 No 73), by Law of Ukraine “On Carriage of Dangerous Goods” No 1644-III of 6 April 2000;
• Pieces/Cargo that refer to the prohibited goods (Clause 1).

3.3. The Provider shall not accept for delivery the following:

• Monetary units, traveler’s checks, securities, activated plastic payment cards, pieces of jewelry and items from precious metals;
• Food-stuff;
• Animals and plants;
• Narcotic substances, psychotropic substances, their analogues or precursors as well as  toxic and drastic substances and medicine;
• Firearms, pneumatic and gas spray guns;
• Ammunition, cold steel arms (including missile weapon);
• Items that according to their characteristics and packaging can be dangerous for the company staff, and items that can damage and stain other Pieces/Cargo.

3.4. The Provider shall not accept Pieces/Cargo or Sendings if the Client requires special temperature control for the period of the Cargo delivery. In case of accepting such Piece/Cargo or Sending for any reasons, the Provider shall not be bound to secure the required temperature control and shall not accept any claims from the Client as for indemnifying the losses for the failure to keep the temperature control.

3.5. The Provider shall not accept for delivery without prior approval the Place/ Cargo, the overall dimensions of which exceed 50 cm in length, 50 cm in breadth and 50 cm in height and Pieces/Cargos with the weight of more than 32 kg.

3.6. The Provider shall not accept without prior approval the Sending to be delivered to the Post Office Box and transport organizations where the documents for further transportation are executed if there is no indication of the contact person and telephone numbers.

3.7. In the event of accepting the Sending, whatever the reasons for it can be, if the overall dimensions of one of the Piece/Cargo exceed those specified in Clause 3.5. of these Regulations, the Provider shall be entitled to change the term and cost of delivery of the whole Sending.

4. PACKAGING REQUIREMENTS

The Provider shall ensure the integrity of the Sender’s packaging, its compliance with the regulatory and legal requirements of the effective law, conditions of carriage by the automobile and air transport and by rail and courier delivery, he shall guarantee that the packaging prevents the contents from regular delivery risks, excludes the access to the contents and has the necessary marks and/or handling stamps. Hereby the Provider warns the Client of the possibility to make a claim to the Provider in the event of the damage of other Pieces/Cargos inflicted by the wrong packaging of the Piece/Cargo delivered against the order of the Client.

5. CONDITIONS FOR ACCEPTING ORDERS

5.1. The Provider shall accept the orders for delivery of Sendings and shall take, deliver, accept, give out and store them pursuant to the established working hours of the regional express center.

5.2. The route and way of delivery of the Sending shall be chosen by the Provider at his discretion.

5.3. In the event the Client untimely submits the Sending for the delivery the Provider shall be entitled to prolong the term of delivery for 1 (one) working day.

5.4. The orders on forwarding the Sendings with the Address Servicing the overall weight/ volume of which exceeds 400 kg or 2 m³, oversized parcels, orders for delivery from the oblast (region) as well as orders on forwarding the Sendings with the declared value of more than 10,000 UAH shall be accepted by the end of the working day that precedes the day of accepting the Sendings.

5.5. Valuable cargo can be taken for delivery only as a Sending with a declared value.

6.  UNDELIVERED OR UNCLAIMED SENDINGS

6.1. In case it is impossible to deliver the items to the address specified in the Sending or the refusal to receive it for the reasons beyond the Provider’s control  he shall inform the Client about that if there is a possibility for this so as to take the decision on further actions. In the absence of Provider’s fault, the Client shall be bound to pay for the sustained expenses incurred by the forwarding, storage or return of the Sending and repeated deliveries in accordance with the List of tariffs, and in the event of the removal of the Sending – the Client shall pay according to the actual expenses.

6.2. Change of the delivery address and/or the Recipient in the course of providing the service shall be possible only after serving the written notice by the Client.

6.3. In the event when the Sending is delivered to the destined Terminal/ Warehouse it shall be collected within 2 working days after its delivery to the destined Terminal/ Warehouse excluding the day of acceptance of the Sending. If the Recipient fails to collect the Sending within this period, the Client shall be bound to pay for the storage of the Sending up to the moment when the Recipient will collect it or to the moment of its removal. Payment for the storage shall be made in accordance with the List of tariffs or actual expenses (in the event of its removal). The Client shall be bound to pay to the Provider for the return of the Sending according to the List of tariffs, and for the removal – according to the actual expenses.

6.4. If the payment for storage is more than the cost of the courier connection services provided on this Sending, the Provider shall be entitled to sell it for debt repayment and dismiss Client’s claims.

7. DOCUMENTATION

7.1. The confirmation of the acceptance of the Sending shall be the Provider Representative’s signature with the detailed information in the CAU Airway Bill, of which one copy shall be kept with the Sender. When accepting the Sending the Representative of the Provider shall not be bound to have any additional documents confirming his employment in the Provider’s company other than his/her Identity Card.

The Provider shall not deal with the Powers of Attorney of non-affiliated companies written in the name of Provider’s couriers or submitted blank.

7.2. Upon the delivery of the Sending, one of the copies of the CAU Airway Bill shall be kept with the Recipient. Upon the delivery of the Sending, the Recipient, the physical entity, shall provide the document confirming his identity. The number of this document shall be entered into the Airway Bill and/ or of the Address Servicing Register. On the receipt of the Sending, the representative of the legal entity shall provide the identity card confirming the identity of his person and reference to this legal entity. The confirmation of the receipt of the Sending shall be the signature of the Recipient with the detailed information in the Address Servicing Register. On receipt of the Sending against the Power of Attorney (Reliance letter), this document shall be kept with the representative of the Provider. The exceptions constitute the enterprises, organizations and institutions that have a special access mode (including the Presidential Administration, the Cabinet of Ministers etc.).

8. COMPULSORY CONDITIONS

The Client shall be bound to ensure the compliance of these Regulations pertaining to the Sender and the Recipient.

The Client shall guarantee that:

8.1. He timely submits the necessary and true information about the contents of the Piece/ Cargo, in a true and accurate manner specifies the contents and address of acceptance/ delivery of the Sending as well as the contact telephone number of the Recipient in the order and CAU Airway Bill.

8.2. Weight, dimensions of the Piece/Cargo as well as the volume of the Sending, indicated in the order correspond to the actual parameters.

8.3. The content of the Sending are carefully and safely packed and duly marked to prevent it from risks of damaging during the delivery.

8.4. The Sending does not contain the items prohibited for transportation, referred to in the Sections 2 and 3 of these Regulations.

8.5. In order to ensure the safe delivery the Client shall notify the Provider about the valuable cargo in the Sending while filling in the order and in this case, he shall submit the Sending to the Provider as a Sending with a declared value.

8.6. While submitting the Sending to the Provider the Client/Sender shall be bound to indicate the amount of the declared value in the Amount column of the Airway Bill in hryvnas. If the amount is missing or there is a dash in the column, the Sending shall be rated as a regular one.

8.7. All the documents required by the effective law are attached to the Sending according to its contents on its way to the destination point. These documents shall be inserted into one of the places or sent in the separate place as a constituent of this Sending. In both cases, this Piece/Cargo shall be marked as “The documents are here”.

The Client shall be bound to submit additional documents related to the Sending in a minimum possible period of time if the state authorities require them. The Client shall bear the risk of expenses and/ or losses that can appear in case the state authorities may delay his Sending in order to check it.

8.8. He pays for the storage of the Sending in the Provider’s Terminal/ Warehouse at the destination point in the event that the Recipient fails to collect the Sending within 2 working days upon the delivery of the Sending to the Provider’s Terminal/ Warehouse at the destination point according to the List of tariffs.

8.9. If the Sending is accepted at the address of the Sender, it will be ready for departure by the time the Provider’s representative arrives at the place. The Client shall perform the loading and executing of the Sending within 15 min from the moment of his contact with the Sender’s Representative. If within the specified period of time the Sender fails to perform any actions to submit the Sending and execute the required documents the Provider’s representative shall be entitled to deny the Client fulfilling the order.

8.10. In the event the Sending is delivered to the address of the Recipient the Client shall ensure the unloading of the Sending from the transport vehicle within 15 min. starting from the moment of contact of the Provider’s representative with the Recipient’s contact person. If the Recipient does not perform any actions to receive the Sending within the specified period, the Provider’s representative shall be entitled to leave the Recipient.

8.11. The Recipient/ Sender ensures loading/ unloading procedures in the following cases: if the weight of the load exceeds 32 kg; if the place of loading/ unloading is above the 2-nd floor and there is no lift or the lift is broken; the Place/ cargo is on the rack that is over 120 cm in height; the total weight of the Sending is over 400 kg.

8.12. The Recipient/ Sender ensure that the Provider’s representative and the transport vehicle have the access to the place of loading/ unloading.

8.13. He pays for the bill for the no-load run caused by the failure to fulfill his obligations according to the clauses 8.1.– 8.12. pursuant to the List of tariffs.

8.14. He agrees with the usage of the Chargeable weight of the Sending in calculations of the costs for Provider’s services, the Chargeable weight shall be entered into the database of the Provider’s software after the Sending is processed at the Departure Terminal/ Warehouse.

8.15. He pays the surcharge for the forwarding of the Sending with the category “Sending with a declared value” (payment for the declared value) pursuant to the List of tariffs.

8.16. He pays for the invoice if the Recipient fails to pay for the delivery within 5 days after the receipt of the Sending.

8.17. In case the representatives of the control authorities have doubts about the authenticity of the submitted information with regard to the Sending, the Client shall provide the original documents or their duly certified copies.

9. INSURANCE

All the Sendings with the declared value shall be insured by the Provider at the expense and to the benefit of the Client in the amount of the declared value.

10. LIABILITIES OF THE PARTIES

The Provider bears responsibility for the lost, spoiled (damaged) and missing Pieces/Cargo as well as for violating the terms of delivery.

The losses on the above-specified reasons caused by providing the courier connection services shall be indemnified by the Provider in the following amounts:

10.1. In case of total cargo damage or total loss of the Sending with a declared value – in the amount of the balance sheet value of the property included into this Sending but not exceeding the amount of the declared value, specified in the Way-Bill and the amount paid for the delivery of this Sending, excluding the payment for the declared value. The value of the lost or totally damaged property is confirmed by the following documents: Contract, Bill, Way-Bill, Document confirming payment, Invoice or Customs Cargo Declaration with the help of which the fact of acquiring the property has been documented.

10.2. In case of loss (shortage) of the Sending with a declared value in part or its damage in part, the Provider’s liability shall be limited to the amount of the balance sheet value of the missing property or to the amount to which the balance sheet value of the damaged property has decreased or to the amount of expenses to repair the damage according to the expert opinion. The value of the lost, missing or damaged property can be confirmed by the following documents: Contract, Bill, Way-Bill, Document confirming payment, Invoice or Customs Cargo Declaration with the help of which the fact of acquiring the property was documented.

10.3. In case of total or partial damage (spoilage) as well as the total or partial loss of the Sending if the value was not specified in the CAU Airway Bill the amount indemnified will be equal to the payment for the delivery of the damaged or lost part of the Sending. This payment includes part of the payment for the delivery from the total payment in proportion to the share of the paid weight of the damaged or lost place in the total amount of paid weight of the Sending.

10.4. If CAU Airway Bill does not contain the indication of the value of the Sending the Provider shall bear the responsibility as if for the regular sending.

10.5. The Provider shall not indemnify the lost profit, any consequential losses of the Client caused by the loss, shortage or damage of the property in the Sending.

10.6. The Provider shall not bear the responsibility for the performance or non-performance of his obligations in full or in part to the Client in any of the following cases:

• If the Sending is delivered to the address specified by the Client in the CAU Airway Bill;
• If it is the consequence of the Client’s non-performance or improper performance of Contract  obligations including the failure to follow the requirements for the packaging, marking of the Sending and for the peculiarities of its contents;
• If it is the result of the acts of the state, local authorities and officials of these authorities on the itinerary of Piece/Cargo travel;
• In the event of unlawful acts of third parties;
• If the Piece/Cargo is received by the Recipient and there are no external signs of damage of the packaging, seals or stamps that make the outer access to the contents possible;
• If the Sending shall be submitted to the Provider without the notice of “valuable cargo”, thus violating the Client’s liabilities according to the Clause 8.5. of these Regulations. In this case the Provider shall not be liable for the loss or damage of the Sending or the part of it, as it will be regarded as if the Client intentionally failed to fulfill his Contract obligations hiding the fact of sending the abovementioned property from the Provider and hasn’t taken the necessary measures provisioned by the Contract to reduce the risk of possible losses.

10.7. Damage of the contents of the Piece/Cargo or the loss of the part of contents (contents shortage) shall be documented in the Act. The Act shall contain the degree of damage of the packaging and corresponding damages/shortages in the contents. The list of the damaged contents and/ or contents shortage shall be documented against the packing list, invoices, Way Bills included in the Sending where the shortage is discovered.

10.8. The liability of the Provider for delay in the delivery starts from the second day and is limited to 10% penalty of the service cost for each day of the delay in delivery but not exceeding the payment for the delivery of the total Sending or that part of it the delivery of which is delayed.

10.9. In the period starting from 1 November to 1 March of the year concerned the Provider shall be entitled to prolong the maximum period of delivery for one working day.

11. FORCE-MAJEURE

11.1. The Parties shall not be held liable for failure to perform their Contract liabilities in full or in part caused by force majeure events (force majeure) such as: Acts of God, fires, floods, earthquakes, acts of war, civil commotions as well as strikes, acts and regulatory instructions of the state authorities that are mandatory to at least one of the parties, and also in case the national and local land means of communication stop functioning, in case of drifting, storm warnings, downstream effect, air temperature below 25 degrees Celcium, that occurred after the conclusion of the Contract and on condition that these circumstances had a direct effect on the ability of the Parties to perform their obligations.

11.2. When force-majeure events occur the term of performing the Contract obligations shall be extended for a period equal to the duration of the force-majeure events. However if it is impossible to perform the obligations within the term longer than 2 months each of the Parties shall have the right to terminate the Contrast by serving a prior written notice to the other Party specifying the date of Contract termination. In this case the Parties shall draw up and sign the Reconciliation Act of Mutual Payments indicating the schedule for mutual payments within 5 working days after the specified date of Contract termination.

12. CLAIMS SUBMISSION

12.1. The right to submit the claim to the Provider based on the damage, loss or delay of the Place/ Cargo belongs to the Client on condition that he shall follow the CAU Regulations and Contract provisions. Client’s failure to follow these regulations shall release the Provider from his obligation to consider and satisfy the concerned claims.

12.2. The Client shall send to the Provider the corresponding written claim within 2 months following the day of submitting the Sending to the Provider. Together with the Written Claim the Client shall be bound to send a copy of the Act referred to in Clause 10.7., all the documentary information concerning the fact of sending, loss, damage or delay of the Piece/Cargo, cost of the Piece/Cargo, assessment of the damages and shortages according to the Section 10 of these Regulations. Written Claim and the documents, concerning the cost of the Piece/Cargo shall bear the original seal. The Client shall not be entitled to subtract the amount of the sustained loss from cost for the Provider’s service when he pays for the Provider’s services.

13. TARIFFS AND PAYMENTS

13.1. Payment for the Provider’s services shall be made in the national currency of Ukraine by cash or non-cash transfer.

13.2. Calculations for the cost of the service shall be performed in accordance with the Chargeable weight of the Sending.

13.3. Tariffs for the Provider’s services are specified in the List of tariffs and placed on Provider’s website www.cau.ua.

13.4. Invoices for the services provided shall be issued by the Provider according to the tariffs applicable on the date of accepting the Sending from the Client.

13.5. Payment for the services shall be made according to the Contract concluded with the Client.