MyFlemo Terms & Conditions (TC)
 
MyFlemo UG (haftungsbeschränkt) offers on-board-courier service airport-to-airport.
On the platform www.MyFlemo.com, clients can issue requests and user can offer themselves as couriers by submitting their flights.
 
Preamble
 
1.      Definitions
1.1.       FLEMO - MyFlemo UG (haftungsbeschränkt).
1.2.       Courier - The person who registers a flight on the platform www.MyFlemo.com.
1.3.       Client - A company with a contractual relationship with FLEMO using FLEMO Services (18.).
1.4.       Request - The communicated intention by the client to use a particular FLEMO Service.
1.5.       Match - A Match is the circumstance in which a submitted flight by a courier fits the requirements of a request submitted by a client.
1.6.       Assignment - An Assignment is the agreement of FLEMO, the client and the courier that the shipment will be managed by FLEMO.
1.7.       Shipment - A Shipment is referred to as the goods that are being transported.


2.      Validity
2.1.       These TC apply to all activities, services and products offered by FLEMO, irrespective of whether the services are rendered directly or partly, supported by a third party.
2.2.       Users registering on the www.MyFlemo.com platform accept the applicability of these TC.
2.3.       Clients accept these TC by signing the “FLEMO Transportation Contract” or any other Contract referring to these TC.
2.4.       These TC supersede all previous written, oral or tacit agreements between FLEMO and the courier/client save as otherwise contractually agreed.
2.5.       FLEMO may immediately terminate these TC or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time up on reasonable grounds.
2.6.       These TC are available in print form, and electronically under www.myflemo.com, whereby the latter shall be the up-to-date official version.
2.7.       If any part of this TC is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.


3.      Governing Law
3.1.       These TC shall be governed by and construed in accordance with the laws of Germany.
3.2.       These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.


4.      Place of jurisdiction
4.1.       All disputes between the courier, client and/or consignee on the one hand and FLEMO on the other hand, shall be settled by court in Germany.
4.2.       Company Information
o   MyFlemo UG (haftungsbeschränkt)
o   Im Maigen 2, 66693 Mettlach, Germany
o   Managing Directors: Jan Titze, Tilman Resch
 
 
Courier/User
 
5.      Registration on the platform
5.1.       The person who registers on the platform of www.MyFlemo.com assures to fulfill the following requirements:
o  to be a natural person, at least 18 years old and of adult age in your county of citizenship,
o  be in the physical and mental condition, to fly and perform all tasks mentioned in section 10.,
o  speak English on a good level.
5.2.       The User declares that all of his statements that the user makes upon registration and directly towards FLEMO staff and its partners are of the user’s best knowledge, correct and complete.
5.3.       Users registering on the platform agree that they can be contacted by FLEMO staff.

6.      Use of Platform www.MyFlemo.com
6.1.       The use of the platform is free.
6.2.       By registering a flight on the platform, the courier communicates his intention to carry a shipment on the aforementioned flight.
6.3.       The courier can register flights that the courier is taking for any purpose.
6.4.       The courier declares only to registers flights on that a ticket is already issued on the courier’s name.
6.5.       When the courier is flying by order of a third party, the courier declares that the third party is informed about the courier’s intention to carry a shipment  for FLEMO and that the third party agrees on the courier working for FLEMO.
6.6.       For any flight that the Courier registers on the website, the courier assures that the flight was not intentionally booked to fly as an on-board courier for FLEMO. Any claim for compensation of the ticket price and/or other expenses and/or loss, in case that no courier job is assigned, is invalid.
6.7.       The courier understands that there is no guarantee for an assignment. The courier understands that the chance of an Assignment offer is relatively low.
6.8.       The Courier declares that all of his statements that the courier makes in the user profile and directly towards FLEMO staff and its partners are of the courier’s best knowledge, correct and complete. The information needs to be completed in all conscience and carefulness.


7.      User contract.
7.1.       To work as a Courier, the user needs to enter into a user contract with FLEMO.
7.2.       To enter the user contract, the user has to fill in all personal information in all conscience and carefulness.
7.3.       The user contract becomes valid with the registration of the user (offer) and the confirmation of admission by FLEMO (acceptance).
7.4.       With registration, these TC become part of the user contract. These TC govern the legal relationship between FLEMO and the courier.
7.5.       The text of contract in form of these TC will be saved by FLEMO. The current TC for new couriers can be accessed on www.MyFlemo.com.
7.6.       www.MyFlemo.com is exclusively accessible in English. If the user is not in command of good English, the user contract cannot be entered.
7.7.       You have the right to withdraw from this contract within 14 days, without giving an explicit reason. The withdraw period is 14 days, after the conclusion of this contract.  In order to exercise that right, you need to inform FLEMO (MyFlemo UG haftungsbeschränkt, Im Maigen 2, 66693 Mettlach, Germany) about your willingness to withdraw from the contract. In order to meet the deadline, it is sufficient to send out the notification that you are going to exercise the law to withdraw before the period expires.
7.8.       The user contract is entered for an indefinite period of time and can be ordinarily terminated by the courier with immediate effect by sending an email to FLEMO. FLEMO can ordinarily terminate the user contract giving 10 days. The right of FLEMO to terminate this contract at any time upon reasonable grounds remains unaffected.


8.      Selection of Couriers and Confirmation of Assignment
8.1.       Once there is a match between a Courier’s flight and a Client’s request, the FLEMO can offer the Request to the courier. FLEMO can do this by contacting the courier using the contact information of the courier, entered on www.MyFlemo.com.
8.2.       The courier will be informed about all relevant information related to the Request by FLEMO. The request becomes a valid assignment with the courier accepting the conditions of the request (offer) and the confirmation by FLEMO (acceptance). If the courier does not accept the conditions of the request, no assignment can be entered.
8.3.       Upon a match, FLEMO reserves the right to perform a selection process, in order to decide whether the courier is qualified and suitable to handle an assignment. The selection process includes but is not limited to the following measures:
o  ask specific questions (about personal information and curriculum vitae, purpose of the trip, accompanying passengers, etc.)
o  check passport/ ID documents and VISA
o  check the issued flight ticket
o  Access public accessible information about Courier


9.      Cancellation
9.1.       An assigned job can be cancelled by FLEMO at any time.
o  In case of cancellation upon 3 hours before departure, the courier does not get compensation.
o  In case of cancellation within 3 hours before departure, the courier receives 50€.
9.2.       Couriers can withdraw from an assignment by informing FLEMO Support. Cancellation is valid once FLEMO support confirms via mail. When a Courier is withdrawing from an assignment due to force majeure, the courier is not obliged to a penalty. When a Courier is withdrawing from an assignment by free will, the courier is obliged to the following penalties:
o  8 hours or longer before departure:     100€
o  5 to 8 hours before departure:                200€
o  5 hours or less before departure:           500€
 
10.  Obligations of a courier during an assignment
10.1.   During an Assignment the courier performs tasks which are commonly referred to as the tasks of an on-board-courier.
10.2.   The courier needs to double check his personal information and verify that all given information is complete, correct and by his best of knowledge.
10.3.   The courier is obliged to show FLEMO support his identification and the issued ticket at any time upon request.
10.4.   The courier agrees that relevant personal information for the assignment is given to involved third parties.
10.5.   The courier is obliged to follow instructions given by the FLEMO support.
10.6.   Communication
The courier is obliged to be available on his mobile phone during the entire assignment (except the time when the airplane is in the air). The courier is obliged to send requested status updates to FLEMO support. In case of any abnormality or risk to the shipment, the courier is obliged to inform FLEMO support immediately.
10.7.   Reception of the shipment
The courier is obligated to arrive at the airport at the agreed time, but at least 3 hours before departure and pick up the shipment at the agreed location (exceptions may apply upon request). On reception of the shipment, the courier is obliged to check the completeness of the shipment before confirming the reception of the shipment with his signature.
10.8.   Check in of the shipment and customs clearance
Regulations and procedure vary due to specific regulations of governments and airports. The courier is obliged to follow instructions given by FLEMO support. The courier is obliged to send FLEMO photos of the checked-in shipment, boarding pass and attached baggage tag(s).
10.9.   Boarding
The courier is obliged to arrive at gate at least 15min before scheduled boarding time.
The courier is obliged to verify if shipment is embarked on plane by asking the airline staff at the gate.
10.10.    On arrival at destination airport
The courier is obliged to ensure connectivity of his cellphone immediately after landing at the destination airport. The courier is obliged to directly go to the baggage claim and pick up the shipment.
10.11.    Custom clearance and handover at destination
The courier is obliged to follow instructions by FLEMO Support for customs clearance and handover. The courier is obliged to ask for a confirmation of the handover and send it FLEMO support via a photo.
10.12.    When the shipment does not arrive at the destination airport, the courier is obliged to hand in a claim for lost/delayed baggage at the counter of the airline and send a photo of the claim request to FLEMO.


11.  Liability and Incidents
11.1.   The Courier is obliged to inform FLEMO support immediately in case any abnormalities occur such as but not limited to the following events:
o  The Courier arrives late at airport: depending on the delay and the effects, a certain part of the salary may be deducted.
o  The Courier damages shipment: depending on the delay and the effects, a certain part of the salary may be deducted.
o  The Courier loses shipment: No salary is paid and further legal steps may be taken by FLEMO.


12.  Payment
12.1.   The courier receives the payment within 3 business days, after completion of the assignment.
12.2.   FLEMO will transfer the payment, using the payment information of the courier entered on www.MyFlemo.com.
12.3.   The amount of the payment depends on certain criteria of an assignment and will be communicated to the courier with the offered request. The courier agrees on the amount by accepting the conditions of the request (offer).


13.  Relationship between Courier and FLEMO
13.1.   The Courier is explicitly not an employee of FLEMO.
13.2.   Once the Courier transports a shipment for FLEMO, the Courier is in the role of a freelancer.


14.  Work as On Board Courier
14.1.   The Courier agrees to comply with all applicable laws when flying as on-board-courier. The courier may only work as on-board-courier for lawful purposes (e.g. no transport of unlawful or hazardous materials).
14.2.   While executing an assignment the courier assures not to cause nuisance, annoyance, inconvenience, or property damage, whether to FLEMO, the Client, a third party provider or any other party.
 
Clients
 
15.  Registration and Selection of Clients
15.1.   By applying as a Partner on our Website (www.myflemo.com) the user declares his intention to become a Client of FLEMO.
15.2.   FLEMO reserves the right to exercise a screening process of the applying client. This process involves the following, but not limited to, criteria:
o  Company history
o  Legal situation
o  Annual reports
15.3.   The user becomes a Client once FLEMO confirms the application and the “FLEMO Transportation Contract” is signed by both parties.
15.4.    FLEMO may dissolve the cooperation with the Client at any time on reasonable grounds.


16.  Use of Platform
16.1.   FLEMO creates a user profile for the client on www.MyFlemo.com. FLEMO will use the given information of the application by the client to create this profile. Once this information change, the client is obliged to update the information immediately on his user profile on www.MyFlemo.com.
16.2.   All corporate information given by the client in the FLEMO database needs to be fully accurate. The client has to complete the information in all conscience and carefulness. When relevant information changes, the client immediately has to inform FLEMO about it and make the correspondent changes in the database.
16.3.   The user can submit Requests on the platform. The use of the platform is free. The client can also submit a request by informing FLEMO via phone or email. The request on the platform will then be added by FLEMO.
16.4.   FLEMO will inform the client about a suitable match and the conditions under which FLEMO will execute the service. The request becomes a valid assignment with the client accepting the conditions (offer) and the confirmation by FLEMO (acceptance). If the client does not accept the conditions of the request, no assignment can be entered. FLEMO reserves the right not to inform a client about a match.
 
17.  Service
17.1.   FLEMO offers its Clients rapid shipment service airport-to-airport in accordance with these TC.
17.2.   FLEMO carries the shipment pursuant to the provisions of Section 18 (Goods accepted for shipment).
17.3.   FLEMO provides the airport-to-airport service, based on the on-board-courier service. On board courier service refers to a service, in which a flight passenger (the Courier) carries the shipment.
17.4.   An airport shall be the typical place of departure and destination.
17.5.   FLEMO shall not undertake to verify the condition or completeness of the shipment at the transportation transfer points.
17.6.   FLEMO seeks to establish the shipping schedule for the airport-to-airport delivery, based on the flight schedule of the Courier. The schedule is communicated to the Client with the communication of the match. Upon assignment confirmation, the Client accepts the schedule.
17.7.   FLEMO is allowed to verify the identities of all involved persons involved with the assignment, pursuant to European and/or national regulations.
17.8.   The Shipments may be subject to security control and/or screening in accordance with European and/or national regulations.


18.  Goods accepted for shipment
18.1.   FLEMO shall accept only the following goods for shipment, unless otherwise stipulated: Shipments less than 32 kg, measuring no more than 120x20x20 cm or 70x50x50 cm.
18.2.   Depending on the shipment (number of pieces, dimensions and weight), the charges for extra luggage of the airlines apply. These charges need to be paid by the Client.
18.3.   The Client is obliged to assure an appropriate and save packaging of the shipment, to transport it as flight passenger luggage. If the client fails to do so, additional fees may occur (for repacking and protecting the shipment).
18.4.   The value of goods of each Assignment may not exceed €2,500 unless otherwise stipulated. In addition, the value of any jewelry or watches in a package shall not exceed the amount of €500.
18.5.   FLEMO reserves the right to not accept any particular items in an assignment, which are banned under the IATA and ICAO regulations (available upon request from FLEMO), or for any other legal or safety reasons. The following items are banned: anesthetics, living animals and plants, and weapons and explosives or any other “Dangerous Goods”. “Dangerous goods” means materials classified as goods dangerous for carriage pursuant to the UN, IATA DGR, ICAO TI, ADR/RID regulations, etc., or goods that pose a special hazard to humans, animals, transportation equipment, or other shipments.
18.6.   FLEMO reserves the right to stop or reject the Assignment, if an identity check pursuant to Council Regulations (EC) Nos. 881/2002 and/or 2580/2001 finds that the person(s) involved are on a list of targeted persons or have names similar to listed individuals, whereupon the Client shall bear any incident costs incurred.
18.7.   FLEMO is not a carrier maintaining scheduled services.


19.  Charges / Invoicing
19.1.   Charges for the shipment shall be based on the conditions communicated by FLEMO when informing the client about a suitable match. The client agrees on these charges by accepting the conditions (offer).
19.2.   The terms of payment are net fifteen (15) days, unless otherwise stipulated.
19.3.   The Client is not entitled to set off any debt by a claim from the Client or consignee and/or is neither entitled to suspend its payment.
19.4.   The Client shall submit any claim with regard to the invoice or complaint about the invoice in
writing to the address stated on the invoice within fifteen (15) days of the invoice date, after which period the invoice shall be deemed accepted fully as received.
19.5.   FLEMO reserves the right to invoice the Client for all charges including import taxes and
duties, regardless of whether it stipulated to bill the consignee.
19.6.   FLEMO reserves the right to charge a reasonable supplementary fee with regard to delays that have arisen beyond the control of FLEMO. FLEMO shall also invoice the Client for extra expenses with regard to events beyond the control of FLEMO, including but not limited to delays caused by the weather, acts of war, strikes, customs, security checks, airport closures, etc.
19.7.   In case of incorrect and/ or incomplete information about the shipment, the Client is obliged to cover all arising costs. This applies particularly to fees that arise due to incorrect and/ or incomplete information for customs clearance (export and import).


20.  Cancellation
20.1.   The client can withdraw from an assignment at any time. The intention to cancel an assignment needs to be communicated to FLEMO. It becomes valid when it is confirmed by FLEMO.
20.2.   In case of a cancellation by the Client, all costs occurring in relation to the assignment need to be covered by the Client. If the cancellation is communicated after the shipment has been handed over to the courier, the Client is obliged to pay the full amount of the assignment.


21.  Pickup / Delivery / Not deliverable
21.1.   The shipment shall be handed over to the Courier at the origin airport terminal. The transport of the shipment to the terminal is arranged by the Client/ the consignee.
21.2.   The shipment shall be handed over by the Courier at the Destination airport. The receiver can be any person who represents/ works in behalf of the Client/ consignee (e.g. customs agent, 3rd party logistics company)
21.3.   The Client shall waive the right to written proof of delivery, unless otherwise stipulated
explicitly.
21.4.   The Client shall promptly inform FLEMO on how to proceed in case the shipment is not deliverable. Nevertheless, FLEMO shall act in the best interests of the Client.
21.5.   The Client shall bear the costs of returning the shipment including any applicable customs fines, for example if the assignment is not deliverable or the actual carrier refuses acceptance.
21.6.   FLEMO reserves the right to refuse to accept a shipment, or to hold, postpone, or return it, if it believes that the shipment may damage other shipments, property, or persons, or that it violates the law.
21.7.   The shipment needs to arrive at the origin airport, ready for handover, at least 3 hours before departure. In case that the shipment arrives too late, FLEMO can’t guarantee the offered schedule.
21.8.   In case that the originally scheduled flight cannot be take, the following occurs:
21.8.1.       Due to the Client’s fault (for example, but not limited to violation of 21.7)
(a) FLEMO shall organize transport with the next available option. Additional fees may succeed the originally agreed price and shall be covered by the Client.
(b) The Client may withdraw from the assignment. In this case, the client is obliged to cover all cost that have occurred. FLEMO is then not obliged to transport the shipment anymore.
21.8.2.       Due to FLEMO’s fault
(a) FLEMO shall organize transport with the next available option. Additional fees shall be covered by FLEMO.
(b) The Client may withdraw from the assignment. In this case, the client is obliged to cover all cost that have occurred. FLEMO is then not obliged to transport the shipment anymore.


22.  Interruption of service
22.1.   If FLEMO is unable to start or continue with carriage of the Client’s assignment for a reason beyond FLEMO’s control, FLEMO will not be in breach of its agreement with the Client but will take all steps that are reasonably practicable in the circumstances to commence the carriage. Examples of events beyond FLEMO’s control are disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, customs) and labor disputes or obligations affecting FLEMO or some other party.


23.   Right to inspect the shipment
23.1.   FLEMO reserves the right to inspect the shipment, if deemed necessary to protect its interests for reasons that include but are not limited to:
o   Address verification
o   Customs procedures
o   Securing of damaged contents
o   Precluding a potential risk from shipment of dangerous goods (dry ice, biological substances, etc.)
o   Suspicion that the contents may contravene these TC.


24.  International Shipments/ Customs
24.1.   The Client shall observe all national and international laws relevant for the assignment,
including but not limited to requirements for packaging, documentation, and transportation.
Furthermore, the Client shall comply with regulations on transportation of dangerous goods in
the country of departure, transit, and destination when preparing the shipment.
24.2.   The Client shall be invoiced for any customs fines, warehousing charges imposed by customs
officials, or expenses incurred if the Client, shipper, or consignee does not submit complete
export documentation, licenses, or permits.
24.3.   The Client shall submit all necessary information and documentation if it requires FLEMO to handle customs clearance. The invoice recipient for import taxes and duties (partner, consignee, or shipper) shall be determined following acceptance of the order, whereby the Client shall be invoiced if the invoice is not paid within thirty (30) days of receipt.
24.4.   If the Client does not require FLEMO to clear customs, it shall arrange for payment of any applicable export and import duties and customs clearance fees before delivering the goods to FLEMO.
24.5.   FLEMO shall commission its own customs clearance broker(s), if customs clearance by FLEMO has been agreed upon pursuant to an explicit supplementary order from the Client.
24.6.   FLEMO is not liable for any damage howsoever caused arisen from any act or omission by FLEMO, its employees and/or its subcontractors, in relation to customs clearance.


25.  Dangerous goods / Packaging / Labeling
25.1.   FLEMO shall specify the transportation service for shipment of dangerous goods, each
shipment of which is to be accompanied by a separate waybill.
25.2.   In the event local regulations, airports, airlines, or other modes of transportation restrict the
movement of dangerous goods or impose embargoes at certain departure or destination points, these locations cannot be selected as transportation destinations.
25.3.   The Client shall ensure that dangerous goods are packed safely and appropriately, and shall be liable for any damage resulting from improper packaging. All dangerous goods shall comply with the IATA Dangerous Goods Regulations and relevant ICAO Technical Instructions and the
ADR/RID and other national provisions with respect to their classification, type of packaging,
marking, and labeling.
25.4.   Each shipment shall be marked legibly and durably with the name, street address, city, country, and postal code of the shipper and consignee. The outside of the container shall bear the proper shipping name(s), technical names, and UN ID#s of the contents. In addition, a 24-hour emergency contact that can provide details of the contents during the period of transportation shall be clearly indicated. A shipper’s document, which clearly identifies and describes the contents, shall be placed inside the packaging of each dangerous goods shipment.
25.5.   FLEMO reserves the right to return a dangerous goods shipment that leaks, releases odors, has damaged packaging, or is otherwise damaged, to the Client. The Client shall bear all costs with regard to the shipment, such as transport back to the Client, destruction of the shipment, measures taken to prevent accidents, etc.
25.6.   Acceptance of assignments of dangerous goods by FLEMO shall not automatically imply acceptance by the intended air carrier.


26.  Responsibilities of the Client
26.1.   Notwithstanding other provisions herein, the Client shall ensure:
o   That the selected mode of transportation is appropriate for the shipment;
o   Compliance with the “Ready for Carriage” rules for airfreight;
o   That the packaging is safe for the product and mode of transportation;
o   That the shipment is adequately marked and labeled;
o   That all accompanying documents, such as customs papers, are present and contain correct and complete details, in particular with regard to the pickup and destination addresses;
o   Availability of a declaration of safety/harmlessness for airfreight, if so stipulated;
o   That FLEMO is notified of any safety concerns;
o   Availability of all the information necessary for consignee to accept the shipment;
o   That import and export customs clearances are handled, unless otherwise stipulated;
o   That FLEMO is notified promptly of any potential transportation hindrances, which become known to the Client;
o   That proper approvals are obtained, as defined by foreign trade regulations (dual use regulations), and compliance with all other guidelines and regulations on foreign trade.
o   The Client shall be liable for any damage that arise from disregard of the above responsibilities, regardless whether or not the Client is at fault.


27.  Delays
27.1.   FLEMO shall be liable for any delay, if FLEMO guaranteed delivery by a given deadline; however, this liability is limited to the freight for the shipment concerned.
27.2.   The freight fee shall not be reimbursed if the delay arises from events beyond the control of FLEMO, including but not limited to Offloads by air carriers, baggage security checks, the weather, acts of war, strikes, customs, security checks, technical problems or inalterable delays with the mode of transportation (aircraft cancellations, etc.), incomplete or improper documentation from the shipper (e.g. incorrect statements, missing or wrong labels), or subsequent instructions issued by the shipper or consignee that directly influence the transportation process.


28.  Liabilities of FLEMO
28.1.   FLEMO is liable for loss of and/or damage to the goods and/or delay in delivery of the goods in accordance with the provisions on liability of the carrier of the Montreal Convention 1999. Carriage by air begins from the moment that the shipment is handed over to the courier at the airport terminal and carriage by air ends at the moment that the shipment is accepted at the airport for delivery by the consignee or any other dedicated receiver.
28.2.   If, the goods are (to be) carried from their point of handover at the origin airport departure to their point of destination at the destination airport and the place where the loss, damage or delay occurred is not known, FLEMO is liable for loss of and/or damage to the goods and/or delay in delivery of the goods, unless FLEMO proves that he is not liable for such loss, damage or delay in accordance with the provisions of paragraph 27.1


29.  Limits of liability
29.1.   If FLEMO providing logistic services other than transport, such as, but not limited to, customs services and warehousing, is liable for loss of and/or damage to the goods and/or delay in delivery of the goods, FLEMO’s liability is always and in all cases limited to at the most € 2.500,- per event or series of events with the same cause, except in case of intent or conscious recklessness on the part of the management of FLEMO.
29.2.   No liability for consequential loss for any direct or indirect consequential loss, howsoever caused. Consequential loss is understood to be, for example, but not limited to, loss of income, profit, interest, loss of a market or goodwill, any resulting additional costs, etc.
29.3.   The value of the goods shall be as declared in the waybill for customs. This limitation shall not apply in case of FLEMO’s liability for culpable endangerment to life or bodily injury or health, and the intentional or grossly negligent breach of material contractual duties or such by its managers or vicarious agents, and violation of its other obligations or such by its managers.


30.  Indemnification; Himalaya clause
30.1.   The Client who fails to meet any obligation which the law or these conditions impose on him is obliged to indemnify FLEMO against all damage which he might suffer as a result of this noncompliance when he is held liable by a third party on account of the carriage of the goods.
30.2.   When employees and/or subcontractors and/or freelancers of FLEMO are held liable on account of the carriage of the goods, these persons may invoke each liability limitation and/or exoneration which FLEMO can invoke pursuant to these conditions or any other legal or contractual provision.


31.  Damage claims
31.1.   The shipment shall be deemed delivered in proper condition and per the terms of the order if accepted unconditionally by the consignee, until proven otherwise.
31.2.   Each damage claim shall adequately describe and estimate the damage caused.


32.  Claim procedure-and prescription
32.1.   All claims against FLEMO must be notified in writing as soon as reasonably practicable and in any event within 14 days of receipt in the case of damage (including partial loss of a shipment) in the case of delay within 21 days of the goods being placed at the disposal of the person entitled to delivery and in the case of loss within 30 days of the goods being consigned with FLEMO for carriage. In addition, all claims against FLEMO in connection with any shipment shall be prescribed and barred by expiration of time, unless legal proceedings are brought and written notice of them is given FLEMO within nine months after delivery of the goods concerned or, in case of non-delivery, within nine months from the scheduled date for delivery. This term shall not affect any rights the Client may have under Convention Rules or other mandatory national laws.