General contractual terms

CHAPTER I. DEFINITIONS

1.1. General Terms and Conditions/GTC – the set of contractual conditions applicable to all persons who benefit from the services provided by YAWO SERVICES S.R.L.

1.2. Yawo Services S.R.L., Yawo or the Freight Forwarding Company – A limited liability company with registered office in Bucharest, Bld. Decebal no. 25-29, 5th floor, Sector 3, having tax identification number RO36405170 and trade registry number J2016010617402, phone 0371.425.208, email: office@yawo-services.com

1.3. Client – natural person or legal entity benefiting from the transport order or related services provided by Yawo, regardless of whether they are the shipper, owner, principal, or final beneficiary of the transported goods. The GTC are applicable to all categories of persons mentioned above, even if the transport order is signed by one/some of them, and they have the obligation to inform themselves regarding the transport of goods.

1.4. Transport Order and/or Order – is Annex no. 2 to these general conditions and represents the contractual document issued by YAWO, following the acceptance of the Offer by the Client, which reflects the operational, technical and commercial details of the service to be performed. The document contains the essential elements agreed upon by the parties – such as the type of goods, quantity, loading/unloading location, delivery term, special handling or transport conditions, vehicle specifications, etc. – and serves to officially confirm the initiation of the transport order.

1.5. “Freight Forwarding Contract” is the contract whereby YAWO undertakes, for a fee, to organize the transport of goods in the name and on behalf of the CLIENT, using carriers and managing all necessary logistics operations (e.g. transport booking, documentation, customs formalities, handling, etc.), under the conditions set forth in the contract and the GTC.

1.6. Contracted Transport Service – represents the operational ensemble organized by a carrier (whether road, sea, air or rail) that provides a regular or dedicated transport service between two or more points of departure and/or destination. This may include a pre-established route, operating frequency, specific types of vehicles or vessels used, as well as technical and commercial conditions applicable to that transport service. In the context of the contractual relationship, the mention of a contracted transport service indicates the use of a service offered by an authorized operator, selected by YAWO, for the purpose of transporting the CLIENT’s goods, under the agreed conditions.

1.7. Offer – is Annex no. 1 to these GTC and represents the document issued by YAWO in response to the request submitted by the CLIENT and contains YAWO’s commercial proposal regarding the requested transport services. The Offer shall mandatorily include at least the following information: the type of transport service proposed; the unique identification number of the offer; the estimated weight and volume of the goods; the type of transport (road, sea, air, etc.); the delivery conditions; the place of origin and destination of the goods; the estimated price of the services, broken down by each individual operation (transport, handling, storage, customs formalities, etc.); any other remarks and conditions that YAWO considers relevant for the safe and lawful execution of the transport.

1.8. Dangerous Goods – shall mean those goods, substances, mixtures, products or articles which, by their nature, composition, physical or chemical properties, or by transport conditions, present or may present a risk to the health and safety of persons, to goods, to the means of transport or to the environment and which are classified as such pursuant to the ADR Agreement, being categorized into one or more of the nine (9) categories of dangerous goods.

1.9. General Goods – are those tangible movable goods that can be transported and that are not classified as dangerous goods pursuant to the ADR Agreement, do not present special risks to persons, goods or the environment and are not subject to special regulations regarding classification, packaging, labeling, handling or transport, other than those ordinarily applicable to the carriage of goods.

1.10. HS Code – represents an international goods classification code, used in international trade for identifying the type of product and classifying goods for customs, fiscal and statistical purposes.

CHAPTER II. APPLICABILITY OF THE GTC AND THE OBJECT OF THE CONTRACT

2.1. These general terms and conditions apply to all freight forwarding contracts concluded by YAWO SERVICES SRL and to all orders executed with its clients. When you, as a "CLIENT", order the services of YAWO SERVICES SRL, you agree to the application of all the Terms and Conditions below in the relations between the parties, starting from the moment YAWO issues the transport order.

2.2. Through the contract concluded with you, YAWO SERVICES SRL, acting as a freight forwarder, organizes the transport of goods on your account (you acting in your capacity as CLIENT), without YAWO itself being the carrier. More specifically, YAWO shall conclude in its own name and on your account (as principal), transport contract(s) with third-party carrier(s): airlines, shipping lines or railway operators, road carriers (referred to in these conditions as the Contracted Transport Service) and shall carry out ancillary operations, including through origin agents, destination agents, customs brokers. When included in the orders, in addition to the organization of transport, YAWO also provides the following types of ancillary services (accessory operations), which are subject to the provisions of these general contractual conditions: customs services, organization of handling services, loading/unloading and storage of goods, and consultancy.

2.3. The types of transport that YAWO SERVICES SRL organizes for its Clients are: individual and/or multi-modal freight transport, on domestic, intra-Community and/or international routes, successively or combined by air, sea, rail and/or road.

CHAPTER III. CLIENT’S ORDER AND ORDER FLOW

3.1. The CLIENT’s Order becomes binding upon YAWO once the CLIENT accepts the YAWO Offer and the general and special conditions of the Contract. The CLIENT’s Order is made in the format provided by YAWO and is considered accepted upon its signing by both parties. The Order and acceptance are transmitted electronically to the e-mail addresses provided in the Special Conditions of the freight forwarding contract or agreed upon by both parties.

3.2. In exceptional cases (e.g. in case of emergency), YAWO may accept the order without the CLIENT’s signature on the condition that the transport specifications (and in particular the rates) are agreed upon via e-mail). In this case the order placed is valid without a signature and produces the same legal effects as a signed order.

3.3. The CLIENT agrees that if its employees or collaborators (other than the legal representative) accept an offer and the related order (signed or by electronic means), it shall be binding on both Parties and it is considered that those representatives/collaborators have a mandate from the CLIENT’s legal representative and create valid obligations for the Parties (including the CLIENT’s payment obligation).

3.4. The CLIENT is obligated to specify, no later than prior to the issuance of the Offer, any special conditions that must be taken into account by Yawo, namely temperature, dimensions, special handling conditions for the goods, etc. In the absence of such conditions communicated by the CLIENT, it shall be irrebuttably presumed that these special conditions are not applicable to the transported goods, the CLIENT being aware of this.

3.5. At the CLIENT’s request, Yawo shall transmit an indicative Offer which shall include the price in foreign currency and/or in RON, exclusive of VAT, valid exclusively for the specifications indicated in the CLIENT’s request. The Offer has a limited validity period, specified in its content. Should changes to the initial request or other market conditions intervene, the content of the offer may be modified accordingly.

3.6. For acceptance of the offer, the CLIENT must sign it and transmit it to YAWO, by e-mail, within the indicated validity period. Failure to meet this deadline entitles YAWO to withdraw the offer. Together with the transmission of the signed offer, the CLIENT undertakes to also provide the following documents/information, namely:

Contact details at the point of origin and destination
commercial invoice of the goods, if available,
Packing list, if available.

3.7. Based on the Offer accepted by the CLIENT, Yawo shall prepare and transmit to the CLIENT the Transport Order, in accordance with the details specified in the accepted Offer. The CLIENT has the obligation to verify the accuracy of the information and/or to complete the information in the Transport Order. If all data is correct, the CLIENT shall sign the document and transmit it by e-mail to Yawo Services SRL, thereby confirming acceptance of the order.

3.8. The firm order, thus signed by the CLIENT pursuant to art. 2.10. above, shall mandatorily include the following:

nature of the goods being transported;
quantity and dimensions of the goods: weight, volume, number of parcels or pallets, dimensions;
type of transport requested (air, rail, sea, road);
delivery condition in accordance with INCOTERMS rules (CIF, CIP, DAP, DDP, EXW, FCA, FOB, etc.);
the date and time interval for the pick-up of the goods, if known at the time of the order; if the date and/or the time interval are not known at the time of the order, the CLIENT has the obligation to communicate them (or to arrange for communication by the supplier) in due time so that YAWO can organize the pick-up. If no deadline results from custom or circumstances, YAWO shall indicate the date or deadline by which the CLIENT must specify the date and time interval for pick-up. If the CLIENT does not communicate the date and interval for pick-up by the time indicated by YAWO, the CLIENT assumes the postponement of the pick-up period (as well as any additional costs).
full and correct loading and unloading address;
where applicable, the loading reference ("purchase order");
identification data (name/company name, full address, postal code, tax ID) and contact details (first and last name of the contact person, position, address where they can be contacted, telephone, fax, email) of the shipper or consignee (supplier or buyer – partner of the CLIENT);
if the goods are classified as Dangerous Goods, the product data sheet (MSDS) and the Dangerous Goods declaration (Shipper’s Declaration) shall be attached, as well as any other necessary documents, depending on their category;
the value of the transported goods;
special instructions (e.g.: loading/unloading method, need for a forklift, straps required, stackability, parcel direction indications, special vehicle, tarpaulin truck, tarpaulin truck with side opening, etc.).
In the case of Dangerous Goods, oversized goods, goods requiring controlled temperature or special authorizations or having other particularities, the CLIENT has the following obligations:
- shall expressly inform YAWO of the particularities of the respective goods and of any special transport requirements,
- YAWO shall propose transport options, pricing, insurance, etc.
- the final version shall be expressly approved in advance by the CLIENT.
The category of dangerous or special goods includes, but is not limited to, the following goods: batteries, magnets, liquids, powders, gases, flammable substances, etc.

3.9. Also, at the first shipment, as well as whenever there are changes in these documents, the CLIENT shall submit the following documents to YAWO:

registration certificate,
VAT registration certificate and
EORI code
Client Identification Form .

3.10. When necessary (depending on the type of organized transport, its route, as well as the requests of the customs authorities) the CLIENT shall provide YAWO with additional documents and information, such as:

the translation of the commercial invoice, signed and stamped by the CLIENT, mentioning the country of origin of the products and a brief description thereof,
representation agreement,
power of attorney for customs clearance,
other documents required according to the type of transport: export license, certificate of origin, certificate of conformity, certificate of quality, MSDS, as applicable.

3.11. YAWO shall not be held liable for any errors in the preparation of transport documents caused by incorrect, incomplete or missing information from the documents provided by the CLIENT or its representatives (e.g.: commercial invoice, packing list, etc.). Furthermore, YAWO shall not be liable for the absence of mandatory documents (for example, import documents required by law or requested by the competent authorities).

3.12. YAWO reserves the right to verify the existence and accuracy of the documents necessary for the execution of the transport – whether domestic or international – such as: AWB, consignment note, bill of lading, CMR or other relevant documents

CHAPTER IV. ORGANIZATION OF TRANSPORT

4.1. YAWO shall exercise the necessary diligence for the organization of transport and the execution of ancillary operations, in accordance with the CLIENT’s instructions, as agreed, and for the protection of the CLIENT’s interests throughout the execution of the transport. YAWO also mediates the ancillary or accessory operations to the transport ordered by the CLIENT (handling, labeling, customs formalities, goods insurance, etc.).

4.2. YAWO shall comply with the CLIENT’s instructions regarding the choice of route, means and methods of transporting the goods. In the absence of clear instructions or in the case of incomplete indications, YAWO shall decide on these matters, acting with professionalism and in the CLIENT’s interest. The CLIENT expressly accepts the consequences of the choices made by YAWO in such situations. If YAWO requests the CLIENT’s confirmation regarding any element related to transport (such as the choice of means or method of transport, carrier, route, technical specifications, etc.), the CLIENT has the obligation to respond within the shortest reasonable time possible, taking into account the specific context.

4.3. If the CLIENT does not respond at all or responds with a delay compared to the deadline indicated by YAWO or that resulting from the circumstances, YAWO is entitled to make the decision considered optimal, in the CLIENT’s interest, and the CLIENT accepts by operation of law the consequences of this decision. In any event, the CLIENT undertakes to respond to YAWO’s requests as promptly as possible, and in non-urgent cases, the response deadline shall not exceed 24 hours.

4.4. THE CLIENT shall indicate at the time of the Order all special instructions/specifications regarding the transport (fragility, prohibition of stacking, type and requirements of packaging, special situations, transshipment conditions/prohibitions, etc.). The CLIENT assumes responsibility for the finally selected transport specifications. If special specifications are required, but the CLIENT does not communicate them to YAWO (or specifies them inaccurately, insufficiently or late), the CLIENT shall bear the additional costs and/or damages caused. In all cases, YAWO does not provide goods packaging services, unless the CLIENT has expressly requested and accepted YAWO’s offer for this type of service.

A. Special Transports. Dangerous, Prohibited or Illicit Goods

4.5. THE CLIENT undertakes not to request the transport of illicit, prohibited or legally restricted goods, regardless of whether such restrictions are established by national, European or international legislation. Strictly prohibited, without limitation, are goods such as: drugs, firearms, ammunition, explosive materials, nuclear materials or weapons, hazardous substances (e.g. mercury), goods subject to special customs regimes, as well as any other products whose circulation is prohibited by legal norms or international regulations.

4.6. The transport of goods originating from or destined to countries subject to international sanctions (e.g. sanctions imposed by the European Union, the UN, OFAC – USA, etc.) is prohibited, as well as the transport of goods originating from countries or entities listed under restrictive regimes. The CLIENT has the exclusive responsibility to verify whether the goods subject to transport violate any sanctions or trade restrictions regime.

4.7. Furthermore, the transport of the following is prohibited:

counterfeit goods (including goods that infringe intellectual property rights – protected brands, registered trademarks, patents, etc.),
products that do not meet the conformity requirements of the European Union or other applicable international standards (e.g. absence of CE marking or other mandatory certifications),
undeclared goods or goods deceptively labeled to circumvent customs or conformity controls.

4.8. YAWO reserves the right to refuse the provision of services if there are reasonable suspicions that the goods violate the provisions of this article, without any contractual liability towards the CLIENT.

4.9. For goods with special characteristics – such as dangerous goods, oversized goods, goods requiring controlled temperature transport, special authorizations or involving any other particular conditions – the CLIENT has the following obligations:

to expressly and fully inform YAWO, prior to the submission of the firm order, regarding the nature of the goods and any special requirements pertaining to their transport;
to provide the necessary technical documentation (safety data sheets, authorizations, special instructions, etc.), if applicable;
to expressly approve, in advance, the transport option proposed by YAWO, including the commercial conditions (price, insurance, deadlines, carriers, routes, etc.).

4.10. YAWO shall analyze the requirements and propose to the CLIENT one or more transport options adapted to the specifics of the goods. Transport shall be organized only after the CLIENT’s express written approval.

4.11. THE CLIENT is responsible for the proper packaging and labeling of the goods, in accordance with their nature and with the applicable legal or commercial requirements. Furthermore, the CLIENT has the obligation to expressly communicate the transport, handling and storage instructions, as well as to provide YAWO with all documents, permits and authorizations necessary for the lawful execution of the transport.

4.12. Where the goods are subject to the regulations regarding transport under the ADR (International Carriage of Dangerous Goods by Road), the CLIENT has the obligation to ensure that:

the goods are classified, packaged and labeled in accordance with the applicable ADR standards;
it holds the necessary authorizations for the shipment of such goods;
it provides YAWO with all documents and information required by ADR legislation;
the transport is feasible under lawful and safe conditions.

4.13. YAWO shall not be liable for any delays, refusals to collect or penalties resulting from the CLIENT’s non-compliance with the obligations set forth above.

4.14. The CLIENT shall comply with the weight and nature of the goods as declared and shall be liable for damages and costs caused by discrepancies between the declared information and reality, as well as for any additional costs.

4.15. The CLIENT shall be liable if it or its agents/partners provide inappropriate or incorrect information regarding the nature or particular characteristics of the goods and thereby cause damages or additional costs.

B. Selection and Contracting of the Carrier

4.16. YAWO shall use the usual means at its disposal to select the suitable carrier(s) for the execution of the CLIENT’s transport. YAWO may conclude contracts with carriers in all forms permitted by law.

4.17. YAWO shall contract the appropriate means of transport, whose capacity is sufficient and whose condition is suitable for the execution of the ordered transport. YAWO shall ensure that the means of transport appears at the place, date and time indicated, in accordance with the specifications in the CLIENT’s firm Order, or as subsequently communicated by the CLIENT in good time beforehand (when they were not established in the order). The CLIENT shall not interfere in the selection of third-party subcontractors (for transport or other services) by YAWO.

4.18. When the CLIENT orders transport services that require a certain specialization/authorization, YAWO shall select carriers that meet such specialization/authorization requirements as specified by the CLIENT.

C. Goods Documentation

4.19. The CLIENT has the obligation to prepare and transmit to YAWO on time, in full and in compliance with legal procedures and customs, all the documentation necessary for the transport of the goods by YAWO.

4.20. Upon handing over the goods for transport, the CLIENT (or the person indicated by the CLIENT, who hands over the goods) must make available to the carrier/YAWO all additional customs, sanitary, fiscal and similar documents (such as, but not limited to: certificate of origin, certificate of quality, certificate of conformity, product data sheet (MSDS), export license, representation agreement, power of attorney for customs clearance, etc.) necessary for the execution of the transport, in accordance with the law, international conventions and customs.

4.21. All documents shall be prepared correctly and completely, in accordance with the applicable legal regulations (including international conventions).

4.22. The CLIENT shall bear all risks, damages and additional costs arising out of or in connection with the incorrect or incomplete or inaccurate or inapplicable or late preparation or transmission of the documents.

D. Insurance

4.23. The CLIENT has the option to request insurance coverage for the goods during transport. At the CLIENT’s express request or whenever deemed necessary, YAWO may present the CLIENT with insurance options available on the market. This insurance is concluded separately from the freight forwarding contract, in the name and at the expense of the CLIENT, based on the conditions agreed with the insurer.

4.24. Both the CLIENT and YAWO shall comply with all conditions imposed by the insurer.

4.25. In the event that YAWO recommends to the CLIENT the conclusion of insurance (for example due to the value of the goods, the type of transport, the selected carrier or other identified risks), and the CLIENT decides not to take out insurance, the CLIENT shall fully bear the risk of any loss, deterioration or damage that could have been covered by the conclusion of insurance.

E. Packaging of Goods

4.26. If the packaging service offered by YAWO is not purchased, the following provisions shall apply: The CLIENT shall be responsible for:

packaging the goods in accordance with their nature and mode of transport;
communicating in detail to YAWO the instructions regarding the packaging conditions at the point of reception/collection of the goods by the carrier, with the obligation to always keep in mind the safety of the transport in question;
visibly marking and labeling the goods so that the markings withstand transport operations;
using adhesive tape (preferably customized) for sealing the packages.

4.27. YAWO shall not be liable for the actual condition of the goods inside the packaging.

4.28. In the case of goods that are weighed or measured or counted at any terminal (airport or naval or railway or road hub), the CLIENT accepts that those weighing/measurements/counts carried out by the terminals are considered correct, and their results shall prevail over the weighing/measurements/counts performed by the CLIENT or by the CARRIER. In this case, the CLIENT shall pay the transport costs and other correlative costs according to the weighing/measurements/counts carried out by the terminal.

4.29. The CLIENT acknowledges that, in certain cases, transport and handling for transport may result in the deterioration, compression or destruction of the boxes or transported goods, and in this case the CLIENT shall have no claim for a reduction of the price and transport costs, but may request compensation for damaged goods in accordance with the applicable legislation in force.

4.30. YAWO has no obligation to verify in any way the content of the goods, either quantitatively or qualitatively.

4.31. In the case of goods with natural weight loss, possible weight differences within the normal limits of the nature of the goods shall not give rise to YAWO’s liability (e.g.: frozen goods, goods that change their properties depending on temperature, humidity, etc.).

4.32. The CLIENT shall be liable for the effects of its options regarding the packaging of the goods.

4.33. The CLIENT and its own supplier assume the risks of non-compliant, improper, inadequate, deficient, insufficient packaging, incompatible with the goods or with the type and duration of transport.

4.34. If the packaging, due to its nature or for other reasons, causes damage to the means of transport or the goods inside it or other goods grouped together with the CLIENT’s goods, or additional costs, the CLIENT shall be liable for such damages and additional costs.

4.35. When damage to the packaging has been brought to the attention of the Carrier, the terminal or any other person, YAWO, in the CLIENT’s interest, shall:

request the official reports or other relevant documents from the terminal (or, in the case of exports, from the agent at the destination),
request the information/photographs from the carrier,
notify all parties involved.

4.36. The CLIENT shall be liable for damages and additional costs arising from problems with the packaging (missing packaging, insufficient packaging, defective packaging, inappropriate packaging) or in connection with the marking/labeling of the goods.

F. Collection of Goods

4.37. The CLIENT, and/or its representatives, shall have the obligation to ensure the delivery of the goods, for collection by the carrier, under the agreed conditions (date, time, location, technical and commercial specifications). Any delay or non-compliance with these conditions may generate additional costs (e.g.: standby charges, penalties, operational costs) which the CLIENT undertakes to pay in full. This obligation is also applicable in situations where transport is carried out under INCOTERMS EX WORKS (EXW) or FREE CARRIER (FCA) conditions, in which cases the CLIENT bears all responsibilities regarding the delivery of the goods at the agreed point and under the agreed conditions.

4.38. THE CLIENT, and/or the personnel designated thereby, is responsible for loading and handling the goods into the means of transport. During this process, the CLIENT has the obligation to fully comply with the driver’s instructions regarding the arrangement of the goods, so as to ensure the stability of the load, compliance with axle loads and the security of the transport. This obligation is also applicable in situations where transport is carried out under INCOTERMS EX WORKS (EXW) or FREE CARRIER (FCA) conditions, in which cases the CLIENT bears all responsibilities regarding the delivery of the goods at the agreed point and under the agreed conditions.

4.39. THE CLIENT shall not impose requirements that could lead to the violation of legal provisions, technical standards or trade customs. Otherwise, the driver shall be entitled to refuse loading, and the CLIENT shall bear all consequences generated (including damages suffered by the carrier, YAWO or third parties – such as fines, transport rescheduling costs, contractual penalties, commercial losses, etc.).

4.40. If the means of transport does not correspond to the CLIENT’s specifications (e.g. technical faults, does not have the features or specifications requested by the CLIENT, etc.), the CLIENT may request its replacement with a suitable means of transport. If the discrepancy is caused by the CLIENT (it did not provide sufficient specifications or transmitted them too late or in other such situations), the CLIENT assumes the additional execution time of the order, additional costs of cargo handling, vehicle relocation, storage, delay penalties or other damages or additional costs that may be claimed by third parties or the consignee, etc..

G. Execution of Transport

4.41. The CLIENT understands that in certain situations (regardless of the type of transport – air, sea, rail, road), YAWO does not have the possibility to make changes to the Carriers’ conditions, these being accepted by the CLIENT.

4.42. YAWO shall inform the CLIENT about those situations and changes that require the CLIENT’s decision (e.g.: situations that generate significant rate changes compared to those agreed in the Offer; route changes; unavailability of certain carriers, etc.). In these situations, the CLIENT shall respond within the shortest reasonable time possible, depending on the circumstances. If the CLIENT does not respond, YAWO shall be entitled to make the decision it considers to be in the CLIENT’s interest, and the CLIENT accepts the effects of this choice. In the event that the CLIENT has been informed about a problem or any event that occurred during the transport regarding which (for reasons of additional costs, delays or other such reasons) the CLIENT must make a decision, but nevertheless the CLIENT does not respond, or responds later than the deadline indicated by YAWO

or resulting from the circumstances, YAWO shall make the decision it considers to be in the CLIENT’s interest, and the additional costs (documented/proven) generated by the respective operation shall be borne by the CLIENT. In all cases, the CLIENT shall respond to YAWO’s requests within the shortest time possible depending on the circumstances (and in non-urgent cases not exceeding 24 hours).

4.43. Depending on the circumstances, the legal representative of the CLIENT, or persons delegated by the CLIENT in the forms provided by law, shall appear and participate when necessary, for example:

at the request of customs;
at the request of the terminal (for example for X-RAY).

H. Storage and Retention of Goods

4.44.In situations where the goods must be stored for a longer period of time or under conditions other than those established in the Offer, for any causes other than YAWO’s fault, all storage costs, as well as any ancillary expenses (handling, security, relocation, delay penalties, etc.) shall be borne by the CLIENT. Illustrative causes that trigger this obligation include, without limitation:

failure to provide, in a timely manner, the documentation necessary for customs formalities or provision of incomplete/erroneous documents;
retention or confiscation of goods under customs supervision due to non-compliances attributable to the CLIENT,
failure to provide in a timely manner the original transport documents that condition the release of the goods;
when the CLIENT is late with the payment of debts or customs duties;
when the CLIENT has not fulfilled its obligation to pay the invoices issued by YAWO in due time, etc.
lack of clear and complete interactions regarding the delivery or destination of the goods,
any other situation in which transport or delivery operations are blocked due to the CLIENT’s fault

4.45. The costs set forth above shall be owed by the CLIENT until the complete resolution of the situation that caused the blockage and shall be immediately payable, without benefiting from the contractual payment term applicable to other services. Non-payment of these costs entitles YAWO to refuse delivery of the goods to the CLIENT, without the CLIENT being able to claim damages, penalties or any other amounts.

4.46. For clarity, YAWO has a right of retention over the goods until full payment of all amounts owed (including storage costs, handling, customs formalities, penalties or any other services rendered under the contract).

I. Events Causing an Increase in Costs

4.47. In the event of the occurrence of events that cause a change in conditions or an increase in costs, without YAWO’s fault, (e.g. force majeure, fortuitous event, special weather conditions, non-fulfillment of obligations by Carriers, authorities, customs or any other third parties involved in the execution of the transport), YAWO shall request the CLIENT to decide on the available options. The CLIENT has the obligation to respond within the shortest reasonable time, taking into account the

specific circumstances. If the CLIENT does not respond within the deadline indicated by YAWO or within the reasonable deadline according to the circumstances, YAWO shall be entitled to take the necessary measures in the CLIENT’s interest, and the CLIENT accepts the consequences of this decision, including any additional costs and delays.

J. Reception. Delivery

4.48. The CLIENT has the obligation to ensure the unloading of the goods from the means of transport (including handling), as well as the reception. Furthermore, the CLIENT shall take all necessary measures for the fulfillment of the conditions pertaining to the reception at the end of the transport (for example: qualified personnel and unloading equipment, vehicle access for the carrier, etc.

4.49. As a general rule, the unloading and reception of the goods shall take place directly between the Carrier and the CLIENT (or the consignee designated by the CLIENT), without the participation of YAWO. In the event that YAWO is not present, the CLIENT shall ensure the presence of at least two persons at the unloading, as well as detailed filming thereof. YAWO reserves however the right to request participation, through a representative, in any reception operation.

4.50. Upon completion of the transport, at the CLIENT’s request, YAWO shall transmit to the CLIENT the originals of the transport documents received from the Carriers, if such originals were used.

4.51. At the time of reception of the goods, the CLIENT (or, as the case may be, the consignee designated by the CLIENT) shall have the following responsibilities:

to verify the identity, quantity and condition of the goods;
to count or, as the case may be, weigh the goods;
to fully complete the transport documents (CMR, PoD – Proof of Delivery or others) in at least 2 original copies, signed by both the consignee and the Carrier;
in case of finding any non-conformities, to make notes on the transport documents (including legal reservations) expressly indicating any differences or problems (e.g.: partial losses, alterations, deteriorations);
to immediately notify YAWO (same day) of any quantity or quality differences found and to communicate/send YAWO the following documents:
- a copy of the transport document containing the notes regarding the problems found,
- the goods receipt report / the receipt entry note and determination of differences.

4.52. In the event that the partial loss or alteration or deterioration could not be discovered at the time of reception of the goods, the goods receipt report / the note of determination of differences shall be communicated within 2 business days from the reception of the goods, under penalty of forfeiture.

4.53. In the event of losses, alterations or deteriorations, the CLIENT shall take any other measures that may be taken to ensure the preservation of the CLIENT’s and YAWO’s rights to claims and actions for the recovery of damages and additional costs (and shall ensure the fulfillment of these obligations by the consignee/persons authorized to receive the goods, if they are persons other than the CLIENT). Namely: shall film the unloading/unpacking/unsealing, shall draw up official reports, shall record, shall request precautionary measures, etc.

4.54. Non-compliance with these obligations renders unenforceable against YAWO any subsequent objections by the CLIENT, the consignee or the person authorized to receive the goods.

4.55. In the event of refusal of the goods by the consignee or in case of its absence, regardless of the reason, the CLIENT shall bear both the initial expenses and the additional expenses incurred or committed by YAWO or the Carrier, including those generated by the return or storage of the goods.

4.56. Reception performed by the CLIENT or the consignee without making reservations discharges both the Carrier and YAWO from any liability for partial loss, alteration or deterioration of the transported goods, as well as for non-compliance with the transport deadline.

K. Suspension

4.57. YAWO has the right to suspend the performance of its own obligations when the CLIENT does not pay the necessary costs or does not fulfill the assumed obligations, as well as the right to exercise its right of retention, as provided for in point H above.

CHAPTER V. PRICE AND PAYMENT

5.1. The price and costs of the freight forwarding services are those stipulated in the YAWO Offer accepted by the CLIENT. If, for reasons of urgency or for other reasons, such an Offer has not been expressly accepted in advance by the CLIENT, the applicable price shall be the one established in the correspondence between the Parties (email, electronic messaging).

5.2. THE CLIENT undertakes to pay all amounts, additional costs and any damages resulting from situations not attributable to YAWO, including, but not limited to, taxes, surcharges, expenses, fines or other payments made by YAWO or requested from YAWO in the name and/or on behalf of the CLIENT, such as: customs duties, additional packaging costs, standby charges, rentals, costs for the issuance of additional documents, storage, repairs, additional handling, insurance, costs for the storage and destruction of goods in case of abandonment. These additional costs shall be owed including, but not exclusively, in the following situations:

submission by the CLIENT of incomplete, incorrect or late documents;
changes in dimensions (volume, weight, etc.) or changes in the type (description) of the goods between the moment of firm confirmation of the order and the moment of actual loading, a situation that may lead to a change in rates or even to the refusal to accept the goods for transport;
changes in rates charged by carriers, including in the event that the carrier changes the price after the conclusion of the transport contract by YAWO on behalf of the CLIENT;
abandonment of the goods by the CLIENT

5.3. The CLIENT shall be liable for any exceptional additional expenses generated by the intervention of third parties involved in the organization and execution of the transport and ancillary services (such as airlines, railway operators, shipping lines, rail or maritime consolidators, road carriers, customs authorities), including, but not limited to, expenses for the inspection of goods (physical inspection, magnetic inspection, X-ray scanning, dangerous goods inspection, etc.), additional documentary verifications or other legal requests made by the competent authorities.

5.4. The FREIGHT FORWARDING COMPANY shall issue the invoice for the forwarding, transport and ancillary services, both in foreign currency and in RON. Payment amounts that have been agreed in foreign currency but are paid in RON are subject to currency risk – thus, YAWO makes payments in foreign currency to carriers and other third parties at the time of the conclusion of the Contract (or subsequently, but before receiving the corresponding amounts from the CLIENT). YAWO recovers the amounts from the CLIENT after a period of time. Therefore, YAWO has a currency risk arising from the exchange rate difference between the amount paid by YAWO for the CLIENT and the amount recovered by YAWO from the CLIENT. In all these cases, the amount in RON from the YAWO invoice issued to the CLIENT shall be calculated at the BNR exchange rate on the day the invoice is issued, to which is added a currency risk commission with the value as established in the Special Conditions agreed with the CLIENT.

The invoice shall be sent to the CLIENT through the E-Factura electronic invoicing system and by electronic means to the email address indicated thereby, and if the CLIENT does not specifically indicate an email address for sending invoices (or a general one), it shall be sent to the address from which the CLIENT negotiated or sent the Order or Offer (including by e-mail, internet messaging or SMS).

5.5. Payment of invoices issued by Yawo shall be made by the CLIENT within the term provided in the Special Conditions, through one of the following methods:

a) bank transfer, such that the amount is credited to YAWO’s account no later than at the time of unloading of the goods

b) payment instrument in the form of a promissory note or cheque, which must be delivered to the FREIGHT FORWARDING COMPANY, in original, prior to the unloading of the goods.

c) other methods agreed by mutual agreement and established in the Special Conditions.

5.6. The CLIENT acknowledges and accepts that, in the event of non-compliance with the payment conditions mentioned, namely if the amounts owed are not in YAWO’s account at the latest at the time of unloading of the goods or at the agreed due date, YAWO has the right to retain the goods until the full fulfillment of the payment obligations. The CLIENT shall not be entitled to claim any kind of compensation or damages for the retention of the goods under these conditions.

5.7. Costs payable in advance: The CLIENT shall pay in full, prior to the release of the goods at their destination, all costs associated with the transport, including: storage, detention (detention, demurrage – regarding the containers), standby and relocation of truck/means of transport, assuming any consequences of its lack of involvement and non-payment of these costs on time. With regard to these amounts that must be paid at various times before reception (e.g.: additional costs generated by the fault of the CLIENT or its partners or derived from the conditions in which the Contracted Transport Service operates in the container terminal); in any other cases where objectively the existing logistic conditions condition the release of the containers on the prior payment of amounts that are closely related to those containers, the CLIENT cannot rely on the contractual payment term and has the obligation to pay in advance.

5.8. Payment is due to YAWO including:

in respect of amounts imposed by third parties or authorities in connection with carriage and
including when the goods have been totally or partially confiscated by the authorities or detained by third parties (customs control and/or situations regarding the non-compliance with the intellectual, commercial, industrial property rights of trademarks or of another nature whose owner is a third party in relation to the contractual relationship between the Contracting Parties).

5.9. Payment of invoices may be made in RON or in foreign currency. If the CLIENT makes payment of the invoice in a currency other than that established in the Special Conditions, YAWO reserves the right to re-invoice the exchange rate differences arising as a result of non-compliance with the contractual provisions. The exchange rate differences shall be calculated by multiplying the payment obligations by the difference between the exchange rate used in the invoice and the BNR rate on the day the invoice is issued, to which is added a currency risk commission of 5%. Any additional amounts thus calculated shall be subject to VAT.

5.10. Payment of invoices may be made by the CLIENT to the bank accounts mentioned in the Tax Invoice issued by YAWO.

5.11. Any payment shall be considered made on the date the respective amount is effectively credited to YAWO’s bank account. The CLIENT is responsible for bearing in full all bank commissions related to the execution of the payment, so that the amount transferred is received in full by YAWO.

5.12. If the payment is not made by the set deadline, the CLIENT owes the FREIGHT FORWARDING COMPANY penalties of 0.2% of the late payment amount for each day of delay. In the case of payment delays of more than 30 days, the CLIENT owes the FREIGHT FORWARDING COMPANY penalties of 1% of the late payment amount, for each day of delay, starting with the 31st day of delay. In all cases, the amount of the penalties may exceed the amount of the debit on which they are calculated.

5.13. In the event of non-compliance with the payment obligation within the agreed due date, the CLIENT shall be legally in default without fulfilling any prior formality, by simply meeting the deadline (art. 1523 paragraph 1 of the Civil Code).

5.14. Any invoice issued by the FREIGHT FORWARDING COMPANY and sent to the CLIENT by email or other written means, in relation to which the CLIENT has not raised objections within 2 (two) business days, shall be considered recognized and accepted for payment by the CLIENT.

CHAPTER VI. CANCELLATION OF ORDERS

6.1. In the event that the CLIENT decides to withdraw or cancel the Order, the CLIENT shall owe the following amounts to YAWO:

all amounts, regardless of their nature (costs, taxes, tariffs, etc.) already paid or only committed by YAWO to third-party service providers involved in the execution of the Order (including carriers, insurers, etc.), as well as amounts contracted by YAWO in connection with the Order, including but not limited to:
- (i) relocation costs (the costs paid or owed by YAWO to the carrier for the movement of the means of transport to and from the loading address, even if the transport is no longer carried out as a result of the cancellation);
- (ii) standby/waiting costs;
- (iii) cancellation costs for air, rail, sea or multi-modal transport bookings, in accordance with the standard policies of the operators
- (iv) equipment rental costs (various types of containers or handling equipment or other technical means).
a penalty in the amount of 10% of the total amount owed by the CLIENT pursuant to the accepted offer.

6.2. YAWO may prove the amounts paid or committed to third parties by presenting supporting documents attesting to the existence of the respective obligations (such as official reports, calculation notes, etc.), without being obligated to disclose confidential details regarding its commercial relationships with its suppliers. The amounts to be recovered in case of cancellation shall be referenced to the values included in the offer.

6.3. The YAWO Offer may contain additional provisions regarding the penalties applicable in the event of withdrawal or cancellation of the Order, and the CLIENT undertakes to pay in full the amounts provided in these specific clauses.

CHAPTER VII. GENERAL RULES REGARDING THE LIABILITY OF THE FREIGHT FORWARDING COMPANY.

7.1. THE CLIENT declares that it understands the complex nature of the activity carried out by the freight forwarding company YAWO, an activity that depends on multiple factors and third parties (including suppliers, carriers, customs authorities and other service providers). Consequently, YAWO’s liability is limited in accordance with the provisions of this chapter and the applicable national and international legal regulations. The CLIENT accepts that YAWO enters into the freight forwarding contract only under the express condition that the CLIENT accepts these limitations of liability.

7.2. YAWO shall be liable, within the limits provided by law, for any damages caused to the CLIENT’s goods, subject to the exceptions provided in this chapter. With regard to damages resulting from YAWO’s imprudence or negligence, its liability is cumulatively limited as follows:

YAWO shall be liable exclusively for damages caused directly and exclusively through its own actions;
YAWO’s liability shall be conventionally limited to the same limits applicable to carriers under domestic legislation and international conventions applicable to the respective type of transport. Such limits are currently regulated, by way of example, by: (i) the Montreal Convention (1999), ratified by Government Ordinance no. 107/2000 — air transport; (ii) the COTIF Convention and the related Regulations on rail transport in Romania — rail transport;
(iii) the Hamburg Rules (United Nations Convention of 1978), ratified by Decree no. 343/1981 — sea transport; (iv) Government Emergency Ordinance no. 27/2011, the CMR Convention, the TIR Convention, European Regulations 1071/2009 and 1072/2009 — road transport.

7.3. Consequently, YAWO shall not be held liable to pay damages or compensation that would exceed the limits provided in these regulations or in any applicable normative acts that limit the liability of carriers, these limits being agreed by the Parties as applicable also in the relations between the CLIENT and YAWO, even though YAWO does not have the capacity of carrier.

7.4. For any damages caused by third parties (including authorities, carriers, consolidators, terminal handlers, intermediaries, etc.), the Parties expressly agree that the CLIENT shall take direct action against such third parties for the recovery of damages. At the CLIENT’s request and to the extent possible, YAWO shall assign to the CLIENT its contractual rights against the respective third parties, in order to enable the CLIENT to take action (judicial or extrajudicial) against them.

The CLIENT shall not be entitled to make any claim against YAWO for damages caused by third parties. YAWO shall not be liable in any form, neither contractually nor in tort, for damages, losses or prejudices caused by third parties.

7.5. Any damages determined to be chargeable to YAWO, regardless of their nature, shall not exceed the value of the freight charges for the goods in question, without any other damages, penalties or additional compensation of any kind being claimable.

7.6. YAWO shall be strictly liable for direct, actual damages, consisting exclusively of the loss, destruction or alteration of the transported goods, without being liable for any kind of indirect damages. However, YAWO undertakes to exercise all reasonable diligence to support the Client in identifying the causes of the damage and to provide assistance, at the Client’s request, in its actions against the liable carrier and/or the competent insurance company, including by making available the relevant documents in its possession and by providing the information necessary for the resolution of the claim for compensation.

7.7. YAWO’s duty of cooperation shall not be construed as an assumption of liability for indirect damages or as an acknowledgment of fault, liability or obligation of compensation on its part. YAWO’s duty of cooperation shall subsist only if the Client’s payment obligations are fulfilled.

7.8. All other categories of damages, losses or prejudices are excluded, to the extent permitted by law, including, but not limited to: indirect damages, loss of profits or benefits, interest, income, future business losses, lost turnover, failed investments, market opportunities, lost tenders, damaged reputation or any other losses of this type, even if their existence was notified to YAWO before or after the acceptance of the Order.

Special Situations of Exemption from YAWO’s Liability

7.9. Without prejudice to cases where expressly provided otherwise by applicable law or by other provisions of the General Terms and Conditions, YAWO’s liability, including but not limited to negligence, fault or omission, for the loss, damage, misdirection, misdelivery or any other non-conformity of the goods, as well as any other claim related thereto, shall be limited as follows:

For damages from domestic road transport: the RON equivalent of 2.5 USD/kg gross weight of missing or damaged goods;
For damages from international road transport: the RON equivalent of 8.33 SDR/kg gross weight of missing or damaged goods;
For damages from rail transport: the RON equivalent of 17 SDR/kg gross weight of missing goods for international transport, and for domestic transport in Romania: 70 RON/kg gross weight of missing goods;
For damages from air transport: the RON equivalent of 26 SDR/kg gross weight of missing or damaged goods;
For damages from sea freight transport: the RON equivalent of 835 SDR/package or unit or 2.5 SDR/kg gross weight of missing or damaged goods, whichever is greater.

7.10. In the case of delay claims regarding transport or delivery, YAWO’s liability shall not exceed the value of the freight charges for the goods whose delivery was delayed.

7.11. YAWO shall be exempted from any liability when the loss or damage to the goods is caused by one or more of the following causes: force majeure, missing, insufficient or inadequate packaging, inherent defects or intrinsic characteristics of the goods, lack of information or indications regarding the nature or particularities of the goods, defective loading or unloading operations performed by the CLIENT or its partners, or by the act of the person accompanying the goods.

7.12. In all situations, the transport term indicated by YAWO in the offer or any other document is purely estimated and indicative, being communicated subject to the WPAGW conditions (“weather permitting all going well” – if the weather permits and everything proceeds normally). YAWO does not guarantee a maximum arrival date, the goods being transported within a reasonable time under the specific conditions. Consequently, YAWO shall not owe any compensation for any transport delays.

7.13. In the case of time critical air transport services (charter flights and On-Board Courier services), YAWO shall not be liable for non-compliance with the delivery term unless:
(a) the delivery term was established as mandatory, through an express written agreement;
(b) YAWO explicitly accepted the assumption of liability for delay; and
(c) the CLIENT notified YAWO in writing regarding the delay within 24 (twenty-four) hours from the arrival of the shipment at its destination. In the absence of the cumulative fulfillment of these conditions, any claim for delay compensation shall be excluded. Any compensation awarded under this article shall be subject to the liability limits provided by the international conventions applicable to air transport and shall not cover indirect, consequential or loss of profit damages.

7.14. YAWO shall not be liable in any way if:

in relation to the goods transported at the CLIENT’s order, the authorities take measures that cause damage (confiscations, sequestrations, etc.);
the damages are due to acts or deeds of the CLIENT, the shipper or the consignee, or to instructions given by one of them;
the goods cannot be counted/inspected due to the packaging or the nature of the goods;
containers/packages cannot be released from the transport terminal for reasons communicated by the terminal and/or the shipping lines, regardless of whether the generating situation is of the nature of a case of force majeure or a fortuitous event. YAWO shall prove that it has taken reasonable measures at its disposal towards resolving the situation;
the goods are shipped under an inappropriate, inaccurate or incomplete name even though the respective goods are excluded from transport or admitted to transport only under certain conditions or the shipper does not comply with the safety measures provided for certain types of goods;
the damages are caused as a result of natural events inherent in transport in open vehicles, if, according to the provisions of the special law or the contract, the goods must be transported in this manner;
the damages are caused by the nature of the transported goods (losses or damages through crushing, breaking, rusting, spontaneous internal alteration and the like);
the damages are caused by weight loss, whatever the distance traveled, if and to the extent that the transported goods are among those which by their nature usually suffer, by the simple fact of transport, such a loss;
the object of transport is live animals;
in any other circumstance provided for by special law.

7.15. THE CLIENT is responsible for the consequences generated by the acts, actions or omissions of its suppliers (including those from whom YAWO receives the goods), as well as of the collaborators, employees, clients or consignees designated by the CLIENT.

CHAPTER VIII. CONFIDENTIALITY

8.1. The Parties agree that the following information is confidential and undertake to maintain its confidentiality:

a) The prices and conditions offered by YAWO,

b) The identification data and details of YAWO’s commercial partners,

c) The identity and data of the carriers with which YAWO collaborates,

d) the agents and collaborators with which YAWO conducts commercial relationships,

e) Any other technical, commercial or organizational information transmitted by YAWO, which is not intended for the public and which is not legitimately publicly available.

8.2. The CLIENT undertakes to maintain the confidential character of the information listed above and not to disclose, reproduce, use or make available to third parties without the prior, express and written consent of Yawo.

8.3. THE CLIENT shall take all reasonable measures to restrict access to the confidential information only to its own personnel who need such information strictly for the performance of the contractual obligations, in compliance with the same confidentiality conditions.

8.4. The confidentiality obligation shall remain valid for the duration of the contract and for a period of 3 years from the termination of the contract, regardless of the reason for its termination.

8.5. Disclosures required by law or by the competent authorities shall not be considered breaches of the confidentiality obligation, provided that the party required to disclose notifies Yawo in advance, to the extent permitted by law, of such requirement.

8.6. Non-compliance with the confidentiality obligations by the other party shall entail the obligation to fully compensate the damage caused to Yawo, including any indirect losses, as well as the payment of damages, without affecting other rights provided by law or by this contract

CHAPTER IX. TERMINATION OF THE CONTRACT

9.1. The Parties agree to the following ways of terminating the Contract:

The Parties determine by mutual agreement the termination of the Contract;
By unilateral termination: The Parties establish that the Party that does not perform properly or does not perform its obligations on time is in default by operation of law. The creditor of the obligation not executed on time or improperly executed may declare the termination (as the case may be, the resolution) of this contract through a notification sent to the other Party (without other formalities and without the intervention of the court), for the following reasons: non-compliance with the provisions of Chapters IV and V. In all cases where cure of the breach is possible, the Party sending the termination notice shall allow a reasonable time for cure, depending on the circumstances. However, in cases where the non-performance has as its object the payment of an amount of money (e.g.: amounts intended for carriers, amounts for taxes, amounts owed as the price of the contract between the Parties), the injured Party may immediately notify the termination. Termination shall take place on the date indicated in the notice sent to the Party at fault (which may include the date of the notice);
by Unilateral Termination for Convenience by either party, subject to a minimum notice period of 30 days. Payment obligations arising up to the expiry date of the notice period are valid obligations that must be performed by the parties.
in case of force majeure.

9.2. The Parties agree that, in the event of termination of the contract in the manner provided for in art. 9.1. lit. b) of this contract, due to the CLIENT’s fault, all its payment obligations shall be declared due in advance by the FREIGHT FORWARDING COMPANY, the CLIENT expressly acknowledging their definite, liquid and enforceable character, as well as the right of the FREIGHT FORWARDING COMPANY to demand in advance and immediately their payment and/or the right of the FREIGHT FORWARDING COMPANY to enforce the guarantees held.

CHAPTER X. COMPLAINTS

10.1. Complaints against the FREIGHT FORWARDING COMPANY may be filed within 24 hours (one business day). The 24-hour period starts from the day of delivery of the goods at the destination or, if delivery has not taken place, from the date on which the deadline for the execution of the transport agreed by the Parties and expressly accepted by the FREIGHT FORWARDING COMPANY is fulfilled or from the execution deadline resulting from other circumstances.

10.2. Any complaint against the FREIGHT FORWARDING COMPANY shall be taken into consideration if transmitted to the email address: wecare@yawo-services.com

CHAPTER XI. GDPR

11.1. The Parties undertake to comply with the provisions of Regulation (EU) 2016/679 on the protection of personal data (GDPR), as well as any other applicable normative acts in the field of data protection.

11.2. YAWO processes the personal data transmitted by the CLIENT exclusively for the purpose of the performance of the contract, namely for the execution and management of transports/forwarding and related activities, based on the legal ground represented by the performance of the contract.

11.3. Personal data shall be retained by YAWO strictly for the duration necessary for the fulfillment of contractual and legal obligations and may be transmitted to contractual partners involved in the execution of the services (carriers, logistics operators, authorities, IT service providers, etc.), only to the extent that such transfer is necessary for the fulfillment of the object of this contract.

11.4. The CLIENT warrants that it has informed the data subjects (for example, representatives, delegates, own personnel, consignees) regarding the processing of their personal data by YAWO in the context of this contract and that it has obtained the consent of such persons, if applicable.

11.5. YAWO shall take appropriate technical and organizational measures to ensure the confidentiality, integrity and security of the personal data processed under this contract.

11.6. Each party undertakes to notify the other party of any security incident that may affect personal data, within a maximum of 48 hours from the moment the incident is discovered.

11.7. The CLIENT and the data subjects may request at any time additional information about the manner in which YAWO processes personal data, including by submitting a request to YAWO’s data protection officer, either through the official website or through direct correspondence.

CHAPTER XII. APPLICABLE LAW. DISPUTE RESOLUTION

12.1. This contract shall be subject to Romanian jurisdiction and shall be supplemented by the provisions of the Civil Code, as well as other applicable legal regulations, in force at the date of conclusion of the contract.

12.2. Any dispute arising out of or in connection with this contract, including regarding its conclusion, performance, amendment, termination or interpretation, shall be settled by the competent courts at YAWO’s registered office, except in cases where jurisdiction is mandatorily established by an applicable international convention.

CHAPTER XIII. AMENDMENT OF CONTRACTUAL CONDITIONS

13.1. YAWO reserves the right to amend these Terms and Conditions at any time, specifying that any amendment shall produce effects exclusively for the future and shall not affect orders or contracts in progress at the date of entry into force of the amendments.

13.2. The CLIENT understands and accepts that it has the obligation to verify, at the time of placing each order, the version of the Terms and Conditions applicable to the respective order. The CLIENT acknowledges that these Terms and Conditions are available on the website of YAWO SERVICES SRL, and a link thereto is included in each offer transmitted by YAWO.

13.3. In any event, the CLIENT declares that, prior to the conclusion of the freight forwarding contract or the submission of the order, it had the possibility to consult these Terms and Conditions, has read and fully understood them and expressly consents to their content.

13.4. In the event of any inconsistencies or discrepancies between the two language versions of the Terms and Conditions, the Romanian version shall take precedence.