CANXANSA OÜ (hereinafter "CANXANSA") acts exclusively as a freight forwarder and intermediary. CANXANSA is not a carrier and does not take physical possession of goods at any point in the transport chain.
CANXANSA arranges shipments on behalf of the client by contracting with third-party carriers — including airlines, shipping lines, road hauliers and other transport operators — in its own name or in the name of the client as agreed. All carriage is performed by such third-party carriers, whose own terms and conditions apply to the physical movement of goods.
CANXANSA assumes no liability for acts or omissions of any carrier, port authority, customs authority, warehouse operator or other third party involved in the execution of a shipment.
The client is solely responsible for the completeness and accuracy of all shipment information provided to CANXANSA, including but not limited to: goods description, HS codes, weight, dimensions, quantity, value, country of origin, and any special handling requirements.
Any additional costs, penalties, fines, duties, demurrage charges or other expenses arising from incorrect, incomplete or misleading declarations — whether to CANXANSA, a carrier, customs authority or any other party — shall be borne exclusively by the client.
To the maximum extent permitted by applicable law, the total aggregate liability of CANXANSA — whether arising in contract, tort, negligence or otherwise — for any single claim or series of related claims shall not exceed the freight charges invoiced by CANXANSA for the specific shipment in respect of which the claim arises.
CANXANSA shall not be liable for any indirect, consequential, special or punitive damages, including loss of profit, loss of revenue, loss of business opportunity, or any other economic loss, even if CANXANSA has been advised of the possibility of such damages.
CANXANSA is not liable for losses arising from: delays caused by carriers, customs clearance issues, force majeure events, acts of third parties, or any circumstance beyond CANXANSA's direct control.
The client is solely responsible for the correct identification, classification, packaging, labelling and documentation of any dangerous, hazardous, restricted or prohibited goods in accordance with all applicable international and national regulations, including IATA DGR, IMDG Code, ADR and any customs regulations of the relevant countries.
The client must declare all dangerous goods to CANXANSA prior to booking. Failure to do so entitles CANXANSA to refuse, return, destroy or otherwise deal with such goods entirely at the client's expense and risk, without any liability to CANXANSA.
CANXANSA does not automatically arrange cargo insurance for any shipment. Unless the client makes an explicit written request for cargo insurance prior to booking, goods are transported without insurance arranged by CANXANSA.
It is the client's responsibility to arrange adequate insurance cover for their goods. If the client requests CANXANSA to arrange insurance, CANXANSA may do so as an additional service, the terms and cost of which will be communicated separately. In such cases, CANXANSA acts only as an intermediary and is not the insurer.
CANXANSA recommends that all clients arrange all-risk cargo insurance for their shipments.
All freight charges and fees invoiced by CANXANSA are due on a prepayment basis. Unless otherwise agreed in writing, payment in full is required before the cargo departs — whether by loading, departure of vessel, departure of aircraft, or commencement of road transport.
CANXANSA reserves the right to withhold, delay or cancel any shipment where payment has not been received in full and in cleared funds by the agreed deadline.
Any costs, bank charges or exchange rate differences incurred in connection with payment are the sole responsibility of the client. Invoices are issued in Euros (EUR) unless otherwise agreed in writing.
Late or non-payment entitles CANXANSA to charge interest on overdue amounts in accordance with the Estonian Law of Obligations Act, and to recover all collection costs including legal fees.
CANXANSA shall not be liable for any failure or delay in the performance of its obligations caused by circumstances beyond its reasonable control ("Force Majeure"), including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, strikes or industrial action (including by carriers or port operators), government actions, sanctions, pandemics, epidemics, port congestion, infrastructure failure, or any other extraordinary and unforeseeable event.
In the event of a Force Majeure, CANXANSA will notify the client as soon as reasonably practicable and will use commercially reasonable efforts to minimise the impact on the shipment. However, CANXANSA shall have no liability for costs, losses, damages or delays resulting from such events.
If a Force Majeure event persists for more than thirty (30) days, either party may cancel the affected shipment instruction by written notice, with any costs incurred up to that point settled by the client.
These General Transport Conditions and any dispute, claim or matter arising out of or in connection with any shipment arranged by CANXANSA shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions.
Any dispute that cannot be resolved by good-faith negotiation between the parties shall be submitted to the exclusive jurisdiction of the courts of Tallinn, Estonia.
These conditions constitute the entire agreement between CANXANSA and the client with respect to the subject matter herein and supersede all prior agreements, representations or understandings. If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
For any questions regarding these conditions, contact us at info@canxansa.com.