Terms and conditions

1 Principles

1.1 Capply (“freight forwarder”) provides its services exclusively on the basis of these terms and conditions and in addition to the General Conditions of the Nordic Association of Freight Forwarders 2015 (NSAB 2015) and the CMR convention.

1.2 The services offered by the freight forwarder are aimed exclusively at commercial customers.

2 Registration

2.1 The client must register with a profile on the website to place orders. This can be done during the ordering process or independently.

2.2 The freight forwarder will check registrations and reserves the right not to allow the creation of a user profile or to delete it.

2.3 The freight forwarder is legally obliged to perform a security check on its clients. For this purpose, company or personal data of the clients or individuals (company name or first name, last name) must be compared with the respective current sanctions and terror lists. The matching is done on the basis of Art. 6 para. 1 lit. c GDPR in conjunction with. COUNCIL REGULATION (EC) No. 881/2002 of 27 May 2002. The client assumes the obligation under Art. 13 GDPR to inform the assigned personnel about this processing activity. Information on the processing of personal data can be found in the privacy policy.

3 Conclusion of contract

3.1 The client can place an order using the appropriate form on the website. In doing so, the client must provide their data, information about the place of collection, destination, date of dispatch, weight and volume and a detailed description of the goods to be dispatched

3.2 The order is placed by clicking on the button “Accept Quote” at the end of the ordering process. Afterwards the client receives an order confirmation by email.

3.3 The client must provide the information required for their verification by filling in the appropriate form on the website: Company name and address, legal form, VAT ID no. The freight forwarder will check this data and contact the client if necessary, in case of queries.

4 Cancellation

4.1 The client may cancel or change bookings free of charge up to 48 hours before the agreed execution of the order via email, chat or by phone. The freight forwarder may also make a cancellation free of charge up to 48 hours before the agreed execution of the order, if they cannot assign a third party with the transport.

4.2 In the event of cancellation by one party from 48 hours before the earliest possible loading date up to 24 hours before the earliest possible loading date, the freight forwarder is entitled to a payment of 50% of the agreed freight charge.

4.3 If the client cancels a booking within 24 hours before the earliest possible loading time, the freight forwarder shall charge 80% of the agreed freight. If the order is canceled 12 hours before the earliest possible loading date or if loading at the collection address does not take place, the freight forwarder will charge the client 100% of the agreed freight as compensation.

5 Termination by the freight forwarder

5.1 The freight forwarder has the right to terminate the contract prior to its execution if (i) the client has provided incorrect information about facts which determine their solvency, (ii) the client has not provided all information required for verification or has provided incorrect information prior to the execution of the booking and facts exist which give rise to serious doubts about the existence of the client, the sender or the recipient, or (iii) facts exist which suggest fraudulent actions by the client or one of the parties involved in the execution. The cancellation can be made by email.

6 Goods excluded from shipment

6.1 The following goods are excluded from shipments booked on the platform:

• goods whose possession and dispatch is prohibited
• goods that pose a threat to health, safety or property
• goods that are perishable (especially fresh food)
• temperature sensitive goods that require temperature controlled transportation
• animals or plants
• motor vehicles
• moving goods
• goods to be towed or salvaged
• spirits, tobacco products, optical equipment, consumer electronics, telecommunications equipment, computer equipment including accessories, chip cards and telephone cards (sensitive goods), the value of which exceeds €1,000,000 per consignment

6.2 The freight forwarder does not offer services for hazardous materials (ADR) on the platform. However, if the client has questions regarding ADR transportation they can contact the customer service of the freight forwarder to make a separate query. A UN-number is required to make a query.

6.3 If the client has any questions about the ability of goods to be sent, they can contact the customer service of the freight forwarder.

7 Remuneration and reimbursement of expenses, demurrage

7.1 For the organization of the transport, including the provision of ancillary services, the freight forwarder shall receive from the client a remuneration, included in the final price.

7.2 If the goods to be transported are subject to special expenses not foreseen at the time of the conclusion of the contract, the freight forwarder is entitled to claim compensation from the client for such expenses, insofar as they were necessary. The freight forwarder must obtain the instructions of the client before incurring expenses, unless this is not possible due to special circumstances.

7.2 If additional costs result from incorrect information provided by the client regarding the transport (e.g. wrong transport date, wrong delivery address), the client shall bear the additional costs incurred.

7.3 Manual order adjustments will be invoiced to the client in the amount of €25.00 per adjustment.

7.4 If the loading or unloading of the transport vehicle is not carried out within a reasonable period of time, the freight forwarder is entitled to payment as compensation of demurrage. If no fixed time is booked by the client, the transport vehicle shall be loaded upon arrival or within a one hour timespan. Accrued standing times are to be paid at €100/started hour.

7.5 Time allocated to load or unload the vehicle depending on volume:

• Volumes of less than 5000 kg = 30 min
• 5001 kg - 20 000 kg = 60 min
• 20001 kg - FTL = 2 hours

7.6 If the client has fixed loading and unloading times and requires a notification before arrival that must be shared at the time of booking

7.7 The freight forwarder may consolidate a shipment, if so the parties shall regard the agreed remuneration as reasonable remuneration.

8 Payment, prices and invoicing

8.1 The freight forwarder offers the payment method of bank transfer after invoicing.

8.2 The client chooses their payment term upon accepting a quote, from 10 to 120 days after invoicing.

8.3 In the case that more than one invoice becomes due, the entire invoices become automatically due for payment. The statutory interest rate shall apply.

8.4 All prices on the website are all-in prices and quoted excluding VAT. All-in prices meaning that all surcharges and additional fees have been accounted for in the price displayed and the client will only be charged additional fees in case of demurrage or other additional fees as mentioned above.

8.5 The freight forwarder shall send the client an invoice for the agreed remuneration in electronic form by email after the transport has been completed. The invoice can be denominated in GBP, EURO, SEK, NOK, or DKK.

8.6 The client is only entitled to offsetting or retention if the counterclaim is due and undisputed, ready for decision or legally binding.

9 Conclusion of execution contracts by the freight forwarder

9.1 The freight forwarder is free to carry out the transport themselves in accordance with the legal regulations (self-contracting) or to conclude the necessary execution contracts with third parties.

9.2 If the freight forwarder concludes execution contracts (e.g. contract of carriage, contract of storage) with third parties, they shall inform the client of the names and addresses of the appointed third parties upon request of the client.

9.3 The freight forwarder is free to choose the means of transport and any execution contracts to be concluded in this respect.

10 Transport processing

10.1 The client shall hand over the goods intended for transport to the freight forwarder or to the third party commissioned by the freight forwarder to carry out the transport at the address and time specified in the transport order.

10.2 Before handing over the goods to be transported, the client shall inform the freight forwarder about the condition and special features of the goods to be transported which are necessary for their proper execution in accordance with the contract and the law. This includes information on the weight, type, number of items, extent and weight of individual goods, packaging and whether the goods are dangerous goods.

10.3 The freight forwarder is entitled to carry out the shipment in consolidated consignments.

11 Credit information

11.1 For the purpose of credit assessment, the freight forwarder is entitled to obtain information on the creditworthiness of the client.

11.2 For the purpose of deciding on the establishment, implementation or termination of the relationship, probability values are collected or used, the calculation of which includes address data.

12 Liability

12.1 The freight forwarder is liable in accordance with the NSAB 2015 and CMR. Holding the standard legal liability of 8.33 SDR/kg per claim to 1 million EURO.

12.2 Within the scope of application of the CMR, its liability rules remain in force.

13 Insurance

13.1 The freight forwarder has taken out a liability insurance policy and shall provide the client with confirmation of this upon request.

13.2 The freight forwarder is only obliged to arrange for additional insurance of the goods if they have been expressly instructed to do so by the client and at their expense. The order to conclude transport insurance must be placed during the booking process.

14 Customs

14.1 The freight forwarder can arrange for customs services of the goods if they have been expressly instructed to do so by the client and at their expense. The order to conclude customs services must be placed during the booking process where the client is required to provide all necessary documentation.

14.2 The client is required to grant the customs broker (KGH) the power of attorney to process their freight.

15 Intermodal

16 Final provisions

16.1 This Agreement shall be governed by and construed in accordance with the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this Agreement shall be settled by a Swedish court of general jurisdiction and the Stockholm District Court (Sw. Stockholms tingsrätt) shall be the court of first instance.

16.2 Swedish law applies exclusively.

17 Contact

17.1 The customer service of Capply is at the disposal of the client for questions, suggestions or criticism: Contact Capply by email at info@capply.co or by phone on weekdays at +46 76 00 99 195