Samman Transport Company welcomes you. Please read these Terms of Service carefully before using our services. By using our services, you agree to comply with these terms and conditions.

Part 1: General Provisions

1. Article 1: Scope of Application

   a) The current general terms apply to transactions between merchants regarding all operations of the shipping company related to the transport process.

   b) The general terms prevail over any different local commercial customs and practices, as well as different legislative provisions and provisions of international agreements, unless the latter are binding rules.

2. Article 2: Goods Transport Contract

   a) The contract for goods transport services is the contract whereby the shipping agent, in return for payment, undertakes to the sender or consignee of the goods to transport them to the place of delivery, not by performing the transport itself, but by finding the carrier who carries the goods and with whom the shipping agent concludes a transport contract in its name but at the expense of the sender or consignee.

   b) The shipping agent may act as a carrier in the performance of the transport.

3. Article 3: Performance of Related Operations by the Shipping Agent

   a) The shipping agent, by special agreement, except for performing the transport, undertakes all incidental operations such as reloading goods, storage, customs clearance, insurance, and any other related operations whatsoever.

   b) The general terms apply to the shipping agent's works related to performing the transport only, unless there is a different written agreement with the client.

4. Article 4: Client Obligations

   a) The conclusion of a goods transport contract by the shipping company is binding on the client.

   b) The client bears all expenses and fees resulting from the performance of the said contract.

   c) The client is obliged to take all necessary steps to perform the contract. The shipping company is not responsible for any problems that may arise from the client's failure or delay in performing its obligations.

5. Article 5: Client Instructions

   The shipping agent is obliged to follow the client's instructions arising from the said contract and included therein. In the absence of instructions from the client to the shipping agent, the latter decides at its discretion. The client is responsible for any consequences that may arise from incorrect or incomplete instructions.

6. Article 6: Contents of the Order to the Shipping Agent

   a) The order to the shipping agent must contain the exact address of the sender and consignee, place of loading and delivery, nature of the goods, quantity, contents of packages, their dimensions and gross weight, and any other necessary details required for the performance of the transport. The client is responsible for damages resulting from incomplete or incorrect details. If the shipping agent is not given a written order in this regard, it is not obliged to check or fill in the said details or other client data.

   b) The shipping agent is obliged to commence weighing the goods provided there is a written order to do so.

   c) The shipping agent must mention in the receipt issued by it the content, value, quantity, and weight of the goods packaging during transport as provided by the client.

7. Article 7: Goods During Transport

   a) The shipping agent is not obliged to transport goods that may cause damage to persons, animals, or other goods, or that are susceptible to damage or corrosion unless there is a prior written agreement. If such goods are delivered to the shipping agent without any prior agreement, the shipping agent is entitled, if required under the circumstances, to proceed with their sale or even in case of imminent danger, to proceed with their destruction. The client is responsible for any damage that occurs and bears all related expenses.

   b) If the shipping agent, due to incorrect or incomplete instructions, undertakes to transport goods that are not acceptable by their nature, or can only be accepted under special conditions, e.g., explosives, flammable or corrosive materials, radioactive materials, or materials emitting fumes, the order must be considered null and void. But if the transport is performed, the shipping agent will not bear responsibility for all damages and expenses that may occur. On the other hand, it is entitled to take any necessary measures to protect the rest of the goods during transport, persons, and the environment, and the client bears the expenses.

8. Article 8: Burden of Proof

   The shipping agent is not responsible for damages that occurred due to signals, notifications, or instructions provided by the client orally, unless confirmed by it in writing.

9. Article 9: Client Address

   The client is obliged to inform the shipping agent of its address or any change in its address without delay. If it does not do so, the most recent address provided to the shipping agent applies. The shipping agent will not be responsible for damages that occurred due to an incorrect address provided by the client or due to incomplete or insufficient information related to the client's address change.

10. Article 10: Sending Documents

    a) The shipping agent is not obliged to send registered letters or insure the transport of documents, unless there are written instructions.

    b) The shipping agent is not obliged to check the validity of signatures placed on data related to the transported goods or on other written texts or verify the authorization to sign them, unless otherwise agreed in writing.

11. Article 11: Order Cancellation

    The consumer is entitled to cancel the order at any time, unless the shipping agent has concluded a transport contract with a third party. In this case, the consumer bears all expenses and fees in addition to any positive damage or lost profits that may arise from the order cancellation.

12. Article 12: Consolidated Goods Transport

    The shipping company is entitled to undertake consolidated goods transport, i.e., with other goods belonging to other clients, provided that it is not otherwise agreed in writing.

13. Article 13: Assignment of Claims

    The client may not assign claims it has against the shipping company to third parties and sue the shipping company in the name or on behalf of a third party except in the case of proving any such claims against the shipping company in the context of the current general terms and not in another context that may arise from special agreements in the contract.

14. Article 14: Regulations for Transport To and From the Port

    a) When it comes to transport to and from the port, loading and unloading are performed according to the regulations and operating rules in force in each port and the terms and conditions included in the bill of lading or charter parties issued by shipping companies or shipowners.

    b) The agreed prices do not include additional expenses arising from loading, reloading, or unloading goods during the night, on weekends, or during official holidays, etc.

    c) When the shipping agent undertakes the transport of goods in the loading port, it will not be responsible for the possible delay of the ship or for cargo defects or delay on the part of the ship or detention of the ship or storage or unloading costs or any other damage that may be caused by shipping companies or their agents. The client bears all the said special expenses.

Part 2: Fees - Amount Due

15. Article 15: Shipping Company Payments and Expenses

    a) The amount to be paid to the shipping company for performing the transport is determined after agreement between the contracting parties.

    b) Unless there is an explicit agreement to the contrary, the payment with expenses is paid in advance upon receipt of the goods when the client is the sender and before delivery of the goods when the client is the consignee.

    c) The shipping company's invoices are paid in cash. The client is considered in default within at most 15 days from the invoice date, without any prior extrajudicial notice or any other condition, unless this default occurs earlier according to the law. In case of client default, the shipping company is entitled to claim according to the law.

16. Article 16: Agreement on Price and Performance

    a) The shipping agent's offers and agreements regarding prices and performance must always include the explicit performance mentioned by the shipping agent or/and third parties, and unless otherwise agreed, must only include goods of regular size, weight, and quality. These offers assume normal and unimpeded conditions throughout the goods transport. Subsequent fees and expenses must be specifically indicated. The client bears the payment of fees, taxes, rights, and expenses of third parties in addition to providing any special services.

    b) Possible increases in shipping amounts due to carriers or in customs duties, changes in foreign currency exchange rates, taxes, fees, etc., which are unlikely to be predicted in advance, justify proportional adjustments to the payment and special expenses of the shipping agent.

17. Article 17: Non-Acceptance of Goods

    If the consignee refuses to receive the transported goods, the shipping company is entitled to return them to the client at its expense, and the client bears the risks of returning the goods, and the client bears any expenses resulting from the non-acceptance of the goods by the consignee.

18. Article 18: Set-Off

    Set-off between claims for payment and expenses of the shipping company arising from the performance of the transport operation is not permitted.

Part 3: Delivery of Goods

19. Article 19: Delivery of Goods

    a) The goods are delivered by signing the bill of lading or by delivering them to the consignee mentioned in the above documents or to the authorized person mentioned above.

    b) If the consignee refuses to receive the goods or if the goods are not delivered for any reason for which the shipping agent is not responsible, the goods are placed in an area chosen by the shipping agent, and the client bears the risks and expenses and the shipping agent is not obliged to insure them. In addition, the shipping agent is not responsible for sale and confiscation procedures, etc., that may be imposed on the goods according to the laws in force in the country where the goods were not delivered.

20. Article 20: Delivery of Goods Against Cash on Delivery

    Delivery of goods against cash on delivery is assumed by a special and explicit request from the sender client. The mere use of the phrase "C.O.D" (Cash on Delivery) on the invoice is not sufficient to prove the shipping company's obligation to deliver the goods.

Part 4: Deadlines and Obstacles

21. Article 21: No Liability Arising from Non-Compliance with Deadline

    In the absence of a prior written agreement, the shipping agent does not guarantee a specific delivery date or a specific list of orders for transport priorities. The mere notification of the client of the delivery date does not create an obligation on the shipping agent. The shipping agent is not responsible for consequences that may arise due to incorrect information provided by carriers or their agents regarding dates or terms of transport, unloading, or delivery of goods.

22. Article 22: Impossibility of Performance, Inadequate Performance

    The shipping agent is exempt from all or part of its liability if due to events for which it is not responsible it is totally or partially unable to fulfill its obligations, as long as these events continue. In this case, the shipping agent is entitled to withdraw from the contract, even in case of partial performance of the order. In this case, the shipping agent is entitled to claim the expenses it incurred.

Part 5: Cargo Insurance

23. Article 23: Cargo Insurance

    a) The shipping agent is not obliged to insure the goods on behalf of the client unless it receives an explicit written order stating the insured amount as well as the covered risks.

    b) The shipping agent's insurance of the client's goods itself under previous transport contracts does not entail the shipping agent's obligation to insure any subsequent goods of the same client. The mere indication of the value of the goods cannot be considered an order to insure.

    c) The shipping agent is not obliged to the obligations of the insured upon receipt of the insurance document. However, it must take all necessary measures to preserve the claim arising from the insurance contract.

    d) If the client does not specify the covered risks in writing, the goods are insured for all risks and usual exceptions as determined by the insurance company.

    e) The shipping company may never be considered a joint insurance company.

Part 6: Temporary Storage

24. Article 24: Temporary Storage in Private Warehouses or Third-Party Warehouses

    a) Goods are stored temporarily, according to the shipping agent's discretion, in its own warehouses or warehouses owned by third parties (either private or governmental).

    b) If the shipping agent stores the goods temporarily in a warehouse owned by a third party, the same terms that apply to its relationship with this third party apply to its relationship with the client. The shipping agent is obliged to send the storage terms to the client upon request.

    c) The shipping agent is obliged to ensure the safety or protection of storage places only if they are owned or leased by it and only if this obligation is dictated by good faith and commercial custom or based on the client's request.

25. Article 25: Access to the Warehouse

    Any inspection or sampling of goods that must be kept during temporary storage of goods must be agreed upon in advance, and must be done in the presence of the shipping agent or in the presence of one of its employees who has been assigned to do so.

Part 7: Liens

26. Article 26: Right to Sell Temporarily Stored Goods

    a) In case the right holder refuses to receive the temporarily stored goods, the shipping company is entitled to sell them after six months, provided that it sends a registered letter to that effect before the expiration of six months.

    b) The sale price of the items is given to the right holder, after deducting the amount corresponding to the shipping company's fees and expenses.

27. Article 27: Guarantee of Claims

    The shipping agent has a lien on the goods for any overdue claim arising from the performance of the transport in addition to the right to retain the goods. The mentioned liens guarantee not only any claims whatsoever related to the goods in the shipping agent's possession, but also those related to goods that have already been delivered. In case of loss or damage to the goods, the shipping agent's claims are satisfied from any insurance compensation that may have been paid.

Part 8: Shipping Company Liability

28. Article 28: Scope of Liability

    a) The shipping agent's liability is limited or exempted from this liability according to the previous or subsequent provisions. The shipping agent is liable if the damage occurred with intent to cause damage or with recklessness with knowledge that damage is likely to arise from an act on its part or on the part of its employees.

    b) The provisions of international transport agreements that regulate the determination of liability or exemption of the carrier from liability apply directly to the shipping agent's liability.

29. Article 29: Determination of Shipping Agent Liability

    a) If the client's instructions specified in the shipping contract limit the shipping agent's freedom to act, there must be a limitation of its liability. If damage occurs to the goods, which is directly related to the client's instructions, the shipping agent is exempt from its liability.

    b) The shipping agent's or carrier's liability towards the client cannot exceed the liability of their agents or foreign representatives regarding the laws, provisions, rules, and customs in force in the country of the said agents and foreign representatives.

30. Article 30: Maximum Liability Limits

    If it is proven that the shipping company is responsible for damage to or loss of goods or delay in their arrival during transport, whether due to the fault of the shipping company itself or the fault of other carriers who were commissioned to perform the transport, the compensation to be paid is limited to the limits stipulated in international agreements under the law that regulate the relevant transport contract.

31. Article 31: High-Value Goods

    As for goods whose value exceeds the maximum limits of carrier liability stipulated in international agreements under the law, as well as for money, documents, bills of exchange, technical pieces, and jewelry, the shipping agent is only responsible if the carrier gives it written notice of the value of the transported goods in a timely manner so that the shipping agent can accept or not accept the order in writing.

32. Article 32: Exemption of Shipping Agent from Liability

    1) The shipping agent is not responsible for:

    • Damage resulting either from theft or burglary.
    • Damage resulting from the existence of legal or administrative restrictions and difficulties when performing the transport contract (absence or delay in receiving documents, customs clearance certificates, import or export documents, etc.). The shipping agent is not responsible for transport costs, clearance costs, fees, taxes, and other expenses imposed by the competent authorities by mistake.
    • Loss or damage to goods due to carrier error during loading or due to a defect in the goods or inadequate or defective packaging. In such cases, the shipping company may accept reservations from carriers, warehouse keepers, and consignees regarding the packaging of goods.
    • Damage that could not be avoided even if the shipping company showed all due care and attention and took all necessary steps to avoid the damage or if it was impossible to take such steps.
    • Damage resulting from keeping goods in an open area, if agreed upon, or if another method of keeping goods is impossible due to the nature of the goods or considering the circumstances.
    • Damage resulting from force majeure or bad weather conditions or damage to machinery or wiring system or other goods or damage resulting from animals or damage to goods due to corrosion and damage. In such cases, the shipping company is only responsible if it is assumed that it intentionally caused the damage.
    • Damage resulting from ordinary negligence of the shipping company or its servants.
    • Damage that occurred while the goods were in port warehouses or in a customs warehouse or in another public warehouse.

    2) If it is likely under the circumstances that the damage occurred due to the mentioned risks, it is assumed that the risk occurred due to the mentioned risks.

33. Article 33: Discharge of Shipping Agent

    The shipping agent's liability ends upon the consignee's actual and unreserved receipt of the goods, as defined in Article 19 of this contract.

34. Article 34: Immediate Written Notice of Damage Occurrence

    a) The shipping agent must be notified in writing of any damage, even if it cannot be ascertained by external inspection, immediately upon delivery of the goods. If the goods are delivered by the shipping agent, it must be notified of the damage that occurred within no more than 6 days from the incident.

    b) In case of non-compliance with the above obligation, it is assumed that the damage occurred after delivery of the goods.

    c) If the shipping agent is notified of the damage at a time when it cannot take steps against third parties, it will not bear any responsibility for the consequences.

35. Article 35: Loss Calculation

    If the compensation that the shipping agent must pay reaches the value of the goods, it is only obliged to pay it if the ownership of the goods is transferred to it and the transfer of the client's or consignee's claims against third parties to it including the insurance amount regarding the goods.

36. Article 36: Shipping Agent Liability in Combined Transport

    If the transport is based on a unified contract (combined transport), the shipping agent is responsible for damage or loss that affects the goods during transport according to the law governing the shipping agent's liability during the last unit of transport.

Part 9: Limitations

37. Article 37: Statute of Limitations

    a) Lawsuits filed against the shipping agent are time-barred according to the statute of limitations periods stipulated in the law or international agreements.

    b) In case of total loss, the statute of limitations period starts from the day on which the goods were supposed to be delivered and in any other case it starts from the day on which the goods were delivered or presented to the consignee.

Part 10: Place of Performance and Jurisdiction

38. Article 38: Place of Performance, Jurisdiction and Governing Law

    a) The place of performance of the shipping contract for all concerned parties is the registered office or branch office of the shipping company to which the goods transport order is directed.

    b) In the absence of an explicit exclusive jurisdiction clause in the bill of lading, the competent court to resolve all claims arising from the contract or closely related to it by any party is the court of the shipping company's main registered office.

    c) Syrian law applies to the legal relations between the shipping company and the client or its successors.