Development of Contractual Relationships with Customers
Development of Contractual Relationships with Customers
The Committee for Development of Contractual Relationships with Customers has been established at PJSC TransContainer headquarters for consideration of issues arising when entering into and fulfilling forwarding contracts.
1. Customers of PJSC TransContainer are entitled to apply to the Committee on the following issues:
a) obtaining additional clarifications regarding interpretation of the contract terms and conditions, procedure for application of its provisions in the event that the Customer has any doubt or objection to clarifications of representatives (agents), structural units of PJSC TransContainer;
b) provision of explanations, reasons for submitting incorrect information regarding the name and the weight of the Goods for the purposes of non-inclusion in / exclusion from the Register of persons who have given an incorrect indication of the name and characteristics of cargoes in orders and/or shipping documents under freight forwarding agreements, as well as consideration of the question regarding imposing a penalty for the said breach of the Agreement;
c) coordinating transportation of hazardous, perishable and other categories of Goods on TransContainer – the Consignor and/or the Consignee basis;
d) resolving the issue of taking photographic evidence by the Customer;
e) settling a dispute, conflict situation between the Customer and a structural unit of PJSC TransContainer provided that the Customer’s application to the relevant structural unit of PJSC TransContainer has failed to yield the desired results.
2. For the purposes of consideration of any of the above-mentioned issues at a meeting of the Committee, the Customer shall apply by sending a scanned copy of the letter signed by the Customer’s authorized person to the electronic address firstname.lastname@example.org.
3. The application shall contain a description of the situation, reasoning behind the Customer’s request, details of the agreement concluded with
PJSC TransContainer, contact number, as well as other information which may be necessary. The application shall be submitted with an attachment of copies of the relevant documents and other evidence in support of the Customer’s position.
The Committee is entitled to demand that the Customer submits originals of the documents attached to the request, as well as relevant additional materials and information for the purposes of comprehensive and full consideration of the Customer’s application.
If necessary, as agreed upon between the Committee and the Customer, the Customer may directly participate in the meeting of the Committee.
4. When applying to the Committee, in addition to the requirements of Clause 3, the following shall be taken into account:
4.1. If the Customer applies under Sub-clause a) of Clause 1, it is necessary to describe the situation that caused issues regarding interpretation of the agreement terms and conditions, and submit a copy of correspondence with representatives/structural units of PJSC TransContainer.
4.2. If the Customer applies under Sub-clause b) of Clause 1, the application shall be submitted with attached copies of the order, shipping document, certificate or any other document made as evidence in support of non-compliance of the name or weight of the Goods, documents challenging such certificate and other documents in evidence of the facts or in support of the Customer’s position on the matter in question. If such documents are available to PJSC TransContainer, it will be sufficient to provide reference to the title and details of the relevant documents.
4.3. If the Customer applies under Sub-clause c) of Clause 1, the Customer’s application shall be submitted through PJSC TransContainer branch at the Customer's location.
The application shall additionally include the reasoning behind the Customer’s inability to act as the consignor and/or the consignee.
4.4. If the Customer applies under Sub-clause d) of Clause 1, the Customer’s application shall be submitted through PJSC TransContainer branch at the Customer's location.
The application shall be submitted with an attached scanned copy of the inspection certificate documenting the technology of loading / unloading of the Goods in / from the container / wagon by the Customer’s entity, regarding unavailability of photographic evidence and impossibility / irrationality of verification of the accuracy of the cargo loading in the container, as well as any other evidence or technology solutions that provide means to verify the compliance.
If the Customer is a restricted access enterprise, documents confirming this status shall be submitted.
4.5. If the Customer applies under Sub-clause e) of Clause 1, a copy of correspondence between the Customer and PJSC TransContainer structural unit shall be additionally attached to the application.
5. When the Customer’s application is received and accepted for consideration on the merits by the Committee, the respective notification will be sent to the Customer by email to the address from which the Customer’s application was delivered.
6. If the Customer fails to comply with the established requirements, the Customer’s application shall not be considered, whereof the Customer will be informed by email to the address from which the Customer’s application was delivered.
The Committee is entitled to dismiss the Customer’s application, if consideration thereof may result in unreasonable delay in resolving the issue, expiry of the limitations period, etc.
7. In the event of provision of incomplete information by the Customer, insufficiency of the evidence presented, necessity to receive originals of the documents presented, as well as occurrence of any other circumstances preventing timely consideration of the application on the merits, the said period shall be extended.
8. Following the consideration of the Customer’s application at a meeting of the Committee, the reply will be sent to the Customer by email to the address from which the application was delivered.