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
