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Parcel services for businesses
General Conditions of Carriage
Matkahuolto's General Conditions of Carriage for Goods
Section 1 Applicability
All carriage of goods undertaken by Oy Matkahuolto Ab's service outlets or Oy Matkahuolto Ab's
agents in Finland shall be governed by these General Conditions of Carriage for Goods and the
provisions of the Road Transport Agreements Act. Oy Matkahuolto Ab and its agencies shall,
hereinafter, be referred to collectively as "Matkahuolto".
Section 2 Limitation of applicability
Matkahuolto shall not accept liability for consignments placed directly on the bus along the
route until receipt of such consignment is acknowledged at any of the outlets defined in section 1
hereof.
Section 3 Transport agreement
Only address cards accepted by Matkahuolto are to be used as transport agreements.
Exceptionally, a separate written transport agreement can be made.
Section 4 Liability for the information contained in the transport document
The consignor shall be liable for any cost or loss and damage incurred by the carrier as a result of the inaccuracy or incorrectness of any information or instruction given by the consignor. The consignor shall always be liable for the entries in the transport document even if the entries have been made on the waybill or address card by a Matkahuolto employee at the consignor's request.
Section 5 Packaging of the goods
The consignor is liable for packaging the goods carefully enough to ensure that they are not reduced or damaged when handled with due care. (Both the consignor's and the consignee's address must be indicated on the packaging. The address card must be made of durable material and firmly attached to the parcel.) If necessary, the appropriate handling instructions or caution labels must be attached to the packaging. Matkahuolto may refuse to accept an unpackaged shipment for carriage if it may be assumed to damage other consignments or the transportation fleet.
Section 6 Carrier's obligation to inspect the goods
Matkahuolto's obligation to inspect the goods is limited to the determination of the external condition and number of the packages. If an external visual inspection of the consignment shows that its condition has deteriorated, an entry indicating this is made on the waybill or address card and the consignor will be informed thereof. Matkahuolto is not obligated to examine whether the packages have been provided with the necessary handling instructions or caution labels.
Section 7 Inadequate packaging
If the inadequacy of the packaging cannot be determined by an external visual inspection, the
consignor is liable for any loss or damage incurred by any person, motor vehicle, accessories or
other goods resulting from inadequate packaging or marking.
Section 8 Dangerous goods
Matkahuolto will accept hazardous substances for carriage subject to the limitations applicable
to transportation by bus as defined in separate instructions. Any consignment of hazardous
substances may not exceed the maximum permissible quantity that may be carried by a single bus.
Section 9 Control of goods
The consignor shall retain control of the goods during transportation and be entitled to issue
instructions to the carrier. After the arrival of the goods at their destination, control of the
goods shall pass on to the consignee once the goods are claimed. Matkahuolto shall be entitled to
compensation for any cost and loss or damage due to compliance with such instructions.
Section 10 Release of the goods
After the arrival of the goods in the point of destination, Matkahuolto will notify the
consignee thereof if possible, or if no other procedure has been agreed upon with the consignee.
The consignee shall have the right to demand that the carrier release the consignment to him or his
representative against acknowledgement of receipt. The consignment will be released once the
consignee has paid all of the charges required under the transport agreement, including any cost of
notification and storage.
If the consignee and Matkahuolto have made a freight credit agreement, payment of the charges
will not be required prior to the release of goods except in the case of a COD consignment. The
consignment will be held by the Matkahuolto terminal involved free of charge for four workdays
from the date when Matkahuolto notified the consignee of the arrival of the goods, excluding the
date of notification. Upon expiry of the free storage period, Matkahuolto shall have the right to
charge for storage at the applicable rate or deliver the consignment to the consignee in accordance
with the terms applicable to pick-up and delivery services.
Section 11 Cash on delivery consignment
The consignor may specify that the consignment be released to the consignee subject to payment
of the cash-on-delivery amount listed on the waybill or address card. The consignor may also
indicate, on the waybill or address card, that the consignee may inspect the goods at Matkahuolto's
premises before paying the required charges; at the same time, the consignor will undertake to pay
the cost of any return consignment in case the consignee refuses to accept it. Otherwise, the
consignee shall pay all the charges required under the transport agreement before any inspection of
the goods.
If the consignee is of the opinion that the consignor has acted in bad faith, he shall turn
to the police to have the cash-on-delivery amount withheld by Matkahuolto and possibly refunded
following due investigation. If Matkahuolto releases the consignment to the consignee without
collecting the cash-on-delivery amount, Matkahuolto will be liable to refund the amount to the
consignor.
Section 12 Circumstances preventing the release of the consignment
If the consignee cannot be reached within 14 days of the acceptance of the consignment for
carriage, or if the consignee refuses to take delivery of the consignment, instructions will be
requested from the consignor. If the consignment consists of perishable goods, it will be returned
as quickly as possible. Matkahuolto shall be entitled to compensation for the cost incurred as a
result of the consignment being returned.
Section 13 Carrier's right to sell the goods
If circumstances arise that prevent the release of the consignment, Matkahuolto shall have the
right to sell the goods in a way that secures the interest vested therein:
a) Without waiting for instructions from the consignor if the goods are perishable or the
cost of storage of the consignment is not reasonable relative to the value of the goods;
b) with regard to other goods, within 60 days of acceptance of the consignment for carriage
if no instructions have been received from the consignor or such instructions could not reasonably
have been followed. If possible, the party entitled to the consignment shall be notified of the
date and place of such sale.
Section 14 Right of retention
Matkahuolto shall have the right to retain the consignment as security for its claims based on
the carriage or storage of the consignment.
Section 15 Carrier's liability
Matkahuolto is liable for loss, reduction and loss, and damage during the period of time from the acceptance of the consignment for carriage to its release, including any loss or damage due to a delay in release. The liabilities are determined in accordance with the Road Transport Agreements Act.
Section 16 Discharge from liability
Matkahuolto is not liable for loss, reduction, loss or damage or delay in release, if it can be shown that this is due to an omission on the part of the consignor or consignee, the substandard quality of the consignment, incomplete packaging or circumstances that the carrier could not have avoided or whose consequences he could not have averted. Matkahuolto shall not be liable under section 15 hereof if loss or damage is due to a special danger as defined in section 29 of the Road Transport Agreements Act. Matkahuolto shall not accept liability for any changes to the consignments due to change in temperature in the case of products that would require a temperature-controlled environment, such as frozen food, perishable foods, living animals and plants.
Section 17 Order of priority of consignments
Matkahuolto shall ensure that consignments are carried using the shortest route available in the order in which they have been accepted for carriage while safeguarding the customer’s best interests. If the consignor wishes to dispatch the consignment using a specific bus, the consignment must be sent as Express Parcel and an entry identifying the bus concerned must be made by the consignor on the address card.
Section 18 Specified delivery time
Matkahuolto undertakes to complete the transportation within 24 hours of the acceptance of the consignment for carriage; however, 12 hours will be added to the specified delivery time for each transfer required on the route. The specified delivery time shall not include any holiday, May Day, Independence Day, or any Saturday.
Section 19 Delay in the release of the consignment
Release of the consignment is deemed to have been delayed if the consignment is not available
for collection at the point of destination within the specified delivery time defined in section 18
hereof. Matkahuolto shall pay compensation for loss and damage that is shown to have been caused by
delayed release, the maximum compensation, however, being equivalent to the cost of freight
indicated on the waybill or address card and any other charges paid to Matkahuolto.
Section 20 Loss of the consignment
If the consignment is not released within 14 days of the specified delivery time defined in
section 18 hereof, the party entitled to demand release of the consignment may claim compensation
as if the consignment were lost.
Section 21 Compensation payable for the loss or reduction of, or damage to, the consignment
Compensation shall be governed by the Road Transport Agreements Acts and the
regulations issued under the Act, unless expressly otherwise agreed between the Parties.
Matkahuolto’s liability is limited as follows:
a) If the consignment is lost or completely destroyed, compensation shall be
paid according to the fair market value up to maximum liability for loss and damage defined in the
Road Transport Agreements Act, including the charges collected by Matkahuolto for carriage.
b) If the consignment is reduced or damaged in part, compensation shall be paid according to
the fair market value up to the maximum liability for loss and damage defined in the Road Transport
Agreements Act relative to the reduced or destroyed portion of the goods.
Additionally, the cost of the charges collected by Matkahuolto will be refunded
relative to the portion of goods so reduced or destroyed.
Section 22 Claims and complaints
A party wishing to claim compensation for reduction of or damage to the consignment shall
declare this when the consignment is released, provided that such reduction or damage can be
determined by an external visual inspection. If the reduction or damage cannot be so determined,
any claim must be filed within seven of receipt of the consignment, excluding the day of release,
any Sunday or holidays.
If the consignee is a consumer as defined in the Finnish Consumer Protection Act, any claim
must be filed within a reasonable period of time (approximately 14 days) from receipt of the
consignment. Failure to file the claim is to lose one's right of action. Compensation will be paid
for a delay in release only if the consignee files a written claim with Matkahuolto within 21 days
of the date when the consignment was made available to the consignee.
Section 23 Statute-barring of claims
Any legal proceedings concerning carriage must be instituted within one (1) year. This period of
time is calculated:
1) from the date of release, if the consignment was reduced or damaged or its release
delayed;
2) when 30 days have elapsed from the specified delivery time defined in section 18 hereof,
if the consignment is lost.
Section 24 Insuring the consignments
Matkahuolto's liability for any loss or damage is
governed by the provisions of the Road Transport Agreements Act and these General Conditions of
Carriage for Goods. If the consignor wishes to have different insurance than the terms specified in
Matkahuolto's General Conditions of Carriage for Goods, such insurance must be taken out by the
consignor as a separate insurance policy.
Matkahuolto does not have a specific voluntary transport insurance for the goods accepted for
carriage.
Section 25 Special provisions
A consignment that cannot be carried by a regular bus will be accepted for carriage subject to
special agreement. If the name of the item is in a foreign language or otherwise difficult to
understand, a description of the type of goods must be provided on the waybill or the address card.
If the goods are picked up by Matkahuolto from the customer's premises or delivered thereto, the
foregoing regulations shall apply to such transport operations as well. Liability for goods
accepted for storage at Matkahuolto terminals shall be governed by the General Conditions of
Storage of Goods.
Any claim for compensation of costs due to the loss, reduction or damage of goods or delay in
delivery must be filed in writing with the dispatching or receiving terminal or directly with Oy
Matkahuolto Ab's head office.
Whenever it has been detected that goods released to the possession of Oy Matkahuolto Ab have
been damaged or all or part of the goods have been lost, the staff members shall carry out a
thorough investigation complete with a written report.
All Oy Matkahuolto Ab personnel have been forbidden, under threat of having their employment
contract terminated, to receive any personal compensation or reward for the discharge of their
duties.
Any complaints concerning the actions of the service outlets or the staff shall be filed with
Oy Matkahuolto Ab's head office.
Section 26 Effective date
These General Conditions of Carriage for Goods shall become effective on 1 February 2008 and apply to all transport agreements made thereafter.