Common use of General Part Clause in Contracts

General Part. The Regulation and the "Express Delivery" Tariffs shall be in force from the date of their approval by the General Director of DIMEX, LLC. The "Express Delivery" Tariffs (hereinafter referred to as the "Tariffs") (Schedule 2) constitute an integral part of the Agreement. The Regulation shall be provided to the Client (Customer/Consignor) for information before contractual relations in respect of delivery arise. The effective Regulation (Schedule 1) is an integral part of the Delivery Services Agreement with the Client. The Consignor's signature in the DIMEX waybill automatically means that the Consignor is aware of and agrees with the effective Regulation and the Tariffs. Contractual relations between the Client and the Contractor arise once the Consignor signs the DIMEX waybill. The Customer shall provide documentary evidence confirming that the Customer is authorized to perform the conditions of this Regulation on behalf of third parties too. DIMEX shall deliver: Customer's shipments to Russian cities within the boundaries of the DIMEX service zone; Customer's international shipments to countries of the world within the boundaries of the DIMEX service zone specified in the Tariffs. DIMEX undertakes to provide services intended to deliver a shipment to the Consignee whose name is specified in the DIMEX waybill or their representative, to the delivery address specified therein, within the periods specified in the effective Tariffs. Provided that, any representative of the Consignee's organization shall be considered a representative of the Consignee which is a legal entity, unless the shipment has the "Hand Delivery" status. DIMEX does not deliver to mailboxes. A shipment shall be handed over against signature of the Consignee or their legal representative in the waybill and/or delivery slip. Acceptance of Requests and Receipt of Shipments from Customer for Subsequent Delivery Requests shall be accepted by the DIMEX office six days a week: Monday to Friday 9:00 to 20:00, Saturday 9:00 to 18:00, Sunday being a day off. Requests shall be accepted by the service department of the DIMEX office by phone, by email, via the DIMEX corporate website ("Call the Courier" or "Personal Account" tabs) as well as during the Consignor's personal visit to the DIMEX office. Shipments shall be handed over to a DIMEX employee both at the Consignor's location (hereinafter referred to as the "office"), in the event the Consignor is visited by the DIMEX courier, and during the Consignor's personal visit to the DIMEX office. The Customer shall immediately notify a service department employee of any changes in the request. Changes may be made until the end of the working day during which the shipment was accepted. The Customer shall have the right to cancel a delivery service and a courier call. In the event the Customer does not cancel a courier call and the Consignor refuses to hand a shipment over to the courier who arrives to the Consignor, the Customer shall pay for the courier's visit in the amount specified in the Tariffs. In this event the courier's visit shall be documented with a separate waybill. The DIMEX courier may wait for a shipment at the Consignor's office for no longer than 45 minutes. The waiting time of up to 15 minutes is free of charge, that exceeding 15 minutes shall be confirmed with an additional entry to be made by the Consignor in the waybill and paid for according to the Tariffs. The Consignor shall fill in the DIMEX waybill, legibly specify their full address and Consignee's details: the name of the organization; the Consignor's and Consignee's names and surnames; the name of the street, building number, office or apartment number; the country; landline telephone numbers, indicate the country and city code (for international shipments). Availability of the above data is a mandatory condition for delivery to be made. The address may be supplemented with information which in the Consignor's opinion will make it easier to find the addressee and speed up the delivery: internal telephone number, entrance number, etc. In fulfillment of the Federal Law "On Personal Data", for the period from the date of signature of the Agreement until the termination of the obligations under the Agreement the Customer/Consignor/Consignee expresses their consent to the transfer by the Contractor of information about the Customer/Consignor/Consignee specified in article 53 of the Federal Law "On Communication" to third parties. The Consignor shall deliver a shipment to DIMEX in a package in good condition ensuring complete safety of its contents in the course of transportation of the shipment to the Consignee. Items requiring special package (fragile, breakable, etc.) shall be packed in a rigid package and be respectively labeled. Provided that, consumer and industrial package shall not be considered a package ensuring safety of the shipment. Package provided by DIMEX. Provision of a branded DIMEX package is included in the cost of the service: Envelope – a cardboard package protecting a shipment weighing up to 0.5 kg from mechanical damage and bending. Envelopes do not ensure reliable protection in the event the contents weigh more than 0.5 kg as well as in the event the shipment contains sharp objects which can damage the envelope. Envelopes are usually used to pack documents. Dimensions of an Envelope (mm): 347x277; Polyethylene bag – a polyethylene package protecting a shipment weighing up to 5 kg from mechanical damage and soaking. Polyethylene bags do not ensure reliable protection in the event the contents weigh more than 5 kg as well as in the event the shipment contains sharp objects which can damage the bag. Polyethylene bags have additional means of protection: double side stitching and scotch tape protect the bags from unauthorized opening. Dimensions of a Polyethylene Bag (mm): 438x510; Envelope package – a polyethylene package combining the characteristics of the bag and the envelope. This kind of package is designed both for small parcels weighing up to 3 kg and for documents. Dimensions of an Envelope Package (mm): 347x277; Boxes – a package made of hard corrugated cardboard. The structure of the boxes provides for reinforced (double) walls. Every box is sealed with a seal having a unique number. The boxes are used to pack shipments which cannot be packed in an envelope or a polyethylene bag (the shipment weighs more than 5 kg and/or due to its dimensions it cannot be packed in an envelope or polyethylene bag, and/or the shipment requires additional protection in the course of transportation). The boxes have different dimensions and are used depending on shipment dimensions. In the event much free space is left when a shipment is packed in a box, the client should make sure the shipment is firmly secured inside the box. Additional paid package: Crate – a wooden frame (structure of bars, boards) made as an additional package protecting the shipment from impact forces in the course of delivery. A crate may be made around the whole shipment or only for certain fragile items therein. This kind of package is designed to protect valuable and fragile shipments from damage in the course of transportation; Transformer foam – a hermetically sealed polyethylene bag containing reaction chemical components which, when physically affected, form a foam taking the shape of the packed item when hardening. The transformer foam is designed for fragile, breakable, irregular shape items which require high level of protection from destruction, deformation, shaking, damage of surfaces, seal failure, etc. in the course of their transportation. In the event the shipment package does not meet the transportation requirements, the shipment shall be accepted for delivery, however, DIMEX shall be released from liability for damage of the shipment. A DIMEX employee shall make the respective note in the DIMEX waybill. A shipment to be delivered shall be accepted by a DIMEX Employee from the Consignor in respect of the weight and number of pieces. The shipment shall be weighed and its dimensions shall be measured in the Consignor's presence; provided that, its contents shall not be inspected. In the event a shipment cannot be weighed on the Consignor's premises, this procedure shall take place at the DIMEX office. In this event, only dimensions of the accepted shipment shall be specified in the waybill in the Consignor's presence. The "Brief Description" column of the DIMEX waybill shall be filled in by the Consignor in their own hand. The Consignor warrants that the description of the shipment they gave in the DIMEX waybill corresponds to its contents. The said column is not a list of enclosures, hence, the shipment shall be considered accepted by a DIMEX employee without inspection of the contents. Should the Customer declare that their shipment is valuable, the shipment shall be assigned the status of a shipment with declared value and the Customer shall be charged an additional fee in accordance with the Tariffs (in proportion to the declared amount). Declared value of a Shipment shall be limited by 200,000 rubles for "Non-Documents" shipments and by 50,000 rubles for "Documents" shipments. DIMEX shall not accept for delivery items, materials or parts thereof transportation of which is prohibited by the effective transportation rules or legislation of the Russian Federation, including: foreign currency and currency notes of the Russian Federation, live or dead animals and plants, human body parts or remains (ashes), firearms, air weapons, gas spray guns, cold weapons and their parts, ammunition, fireworks, signal flares and rounds, narcotics, psychotropic, potent substances, radioactive, explosive, poisonous, caustic, flammable and other hazardous substances under pressure, explosive, combustible, toxic, corrodible, perishable products and materials, products with an unpleasant smell or products which can damage other shipments, gold, silver, other precious and semi-precious metals and stones, shares, bonds and other securities, materials which may be identified as pornography or those capable of offending the moral code or jeopardizing the safety of the state. Should the Consignor willfully or unintentionally deliver to DIMEX a shipment transportation of which is prohibited, the Consignor shall indemnify DIMEX against liability and compensate DIMEX for all documented losses relating thereto. A DIMEX employee accepting a shipment reserves the right to make sure in the Consignor's presence that the contents of the shipment correspond to the data specified by the Consignor in the DIMEX waybill and do not contain the items specified in clause 3.15.