1.
The Service provider - the courier and parcel transportation subsidiary of BE-AND-RI Ltd. - called “New Impulse” (NEW IMPULSE)
Tax file number: 12556704-2-12
Seat of the Service provider: H-2176 Erdőkürt, Téglaház str. 3.
• Site: H-1112 Budapest, Mikes Kelemen str.. 75.
• Phone and fax: +3632786663, mobil: +3630-5318868, +3670-2341589, +447903029315
• E-mail: info@newimpulse.co.uk
• Web page: www.newimpulse.co.uk
• Booking of orders shall be taken at the above phone numbers or email address.
Main line of business: postal, courier and carrier and other supplementary services targeting England, Hungary and all EU states.
The service provider undertakes that its employee keeps the consignment under its personal care and supervision until it is delivered to the addressee in a way that guarantees the proper handling whilst ensuring that either the sender or the addressee can initiate adjustments about the consignment (change of delivery address, modification of acceptance date etc.) The service provider reserves the right to use subcontractors to deliver the consignment to its place of destination.

1.2
Consignor (in general the sender) a person, company either with or without legal personality, organization who fully meets and accepts the conditions stipulated in GTCC and uses the service of the service provider.

2.
Commencement of Contract

All demands, enquiries of orders via phone, fax e-mail or by post, personal or impersonal shall be deemed as initiation of contract which enables the service provider to stipulate its offer for the required services.
The reception of offers does not incur any liability for automatic acceptance by the contracting party.
The execution of contract shall be commenced only after the acceptance of offer has been communicated to the service provider in person, by phone, by email or fax.

3.
Finalization of Contract
The contract shall be held or deemed finalized
- on the basis of offer which has been properly accepted and confirmed by the contracting party,
- by collection of the consignment (parcel, freight item) by the service provider.
In every transaction the collection of consignment shall be acknowledged by the service provider in written, documented form.
The contract shall be held effective in general by duly signed acknowledgement of collection of freight items and that of simplified order of services.

The printed forms required for the utilization of the services shall be assisted by the service provider.

The service provider has to complete the contract – provided it is not stipulated otherwise by the contracting parties – if the packaging of the consignment is in compliance with the features and quantity of the consignment in a way that guaranties the contents of the consignment cannot be damaged or lost – without deliberate mishandling and causing obvious harms on it – whilst being transported.

The payment of the charges for the services undertaken – provided it is not stipulated otherwise – shall be payable upfront by the sender to the authorized employee of the service provider promptly at the place of collection of the consignment.

In case the service provider can not initiate the service for the fault of the contracting party, that is to say in case of no payment, non conformity of the consignment and its packaging with the transportation conditions – a charge of abandonment at the amount of 50 per cent of the original offer shall be invoiced for the Contracting party.

It is a precondition of execution of the contract, that addressee (receiver) can be in time informed (verbally on phone, or via any communication channel or postal way) about the arrival of the consignment in order that it can be properly prepared for the eventual requirements of the reception.

3.1
Modification of the conditions of the contract:
The contracting party has the right to initiate the modification of the contract only in the following events:

Under liability for placing subsequent order and reimbursement of ensuing charges the sender may ask for additional services as well as modifications of order, abandonment of contract, recall of the consignment can be demanded before completion of the delivery.

3.2
Refusal of service or entering into contract

The service provider may refuse to enter into contract or repudiate its execution in cases as follows:

• The execution of contract is prohibited by any law, statute or regulations or by any international law or agreement, or its implementation trespasses or violates legitimate interests of a third party.

• The contents of the consignment are dangerous and would be likely to cause direct physical harm or injury to people or to the environment.

• The consignment does not comply with the relevant bylaws and regulations.

The service provider has to be recompensed by the sender, for all costs and damages incurred from the pursuant to the above mentioned repudiation of the contract as well as for the costs of eventual returning of the consignment.

• The same provision applies if the execution is prevented or delayed by any law,
• If the traffic and transportation conditions render the service implementation impossible – beyond the control of the activity of the service provider
3.3
The completion of contract has been concluded if

• the service provider has completed the services undertaken by the contract
• the consignment for any reason cannot be delivered to the addressee
• the costumer abandons the contract.
4.
Undeliverable consignments

The consignment deemed undeliverable when

• the service provider is not able to deliver it to the addressee for reasons outside its reasonable control or - it is not returnable to the sender,
• or pursuant to special agreement – either of the parties (the sender or the addressee) declines to fulfill its obligation to pay the subsequent charges for the services.

The undeliverable consignments will be up to 8 workdays stored from the date of the initial delivery attempt by the service provider. At the same time it will endeavor to notify both the sender and the addressee to make arrangements for the reception or return of the consignment whilst calling attention to possible legal consequences of the lapse or failure of reception within a certain period of time. If neither party responds within the time limit specified by the service provider and fails to withdraw the parcel within 15 days from the given deadline, the company will have a legal right to open it, to dispose of it by selling or destroying. By expiry of the given deadline the contracting party looses all its power to dispose over the consignment.

5.
Responsibility of the contracting party and the sender
It is the responsibility of the sender that the contents of the consignment are in accordance with the relevant regulations, provisions and terms of transportation.
The items and their operational energy sources may be together placed in the consignment if the packaging of the items prevents any accidental functioning during the transit.

The packaging has to make sure the consignment can withstand all the stresses to which it is exposed during transport.

It can be advisable in special cases to apply correct and complete marking on it which facilitates correct handling during transit.

The transport packaging has to make sure that its outer layer serves to deter theft and its contents cannot be reached without forcible intrusion.

The Contracting party is liable for the proper packaging of the consignment jointly with correct labeling and complete marking of consignments. Labeling and marking must be clear and precise stating in separate columns the full address and postcodes of both the sender and that of the addressee. Care must be taken to ensure that marking is applied in a legible and durable manner (printed or handwritten).

In case of consignments targeting a foreign country proper attention has to be paid to the governing provisions of the concerned countries as to the contents of the consignment and its packaging.

5.1

It is the liability of the contracting party to warrant that the consignment content is in conformity with governing rules. The service provider has no obligation to verify whether or not the freight is banned from transit. Should the service provider during any phase of the performance of the contract become aware of such a nonconformity (when it endangers human life, premises or equipment or the freight is prohibited by law or contradictory in any way with these Terms and Conditions) it reserves the right for prompt return of the shipment to the prejudice of the sender.
The sender will be liable for all damage, costs suffered this way both by the service provider acting for purposes within his business or by a third party.

6.
Pricing of the services

The tariffs of the services are formulated by the service provider and are available on its web page at service provider offices.

Any change of the prices is effective within 15 days after being published. The price-changes shall be notified to all our firm contracting parties.
The offers for contract and invoicing shall be formulated on the basis of these prices.

6.1
The payments of the services
The price of the services is payable by the sender after contract being effective, against invoice, in cash to the authorized employee of the service provider promptly at the place of collection of the consignment.

The long term contractual clients have the opportunity for remittance with transfer or in cash within 15 days from the invoicing.

The long term clients are to settle the outstanding accounts at least after 5 successive transportations but within 15 days respectively, otherwise until full settlement the service provider suspends the ongoing executions.

6.2.
Services free of charges

Notification of delivery for the addressee
Notification of the sender of the handing-over (reception) of delivery
Tracking of dispatch
Quotation for the services

7.
The Services

The courier and parcel transportation branch of BE-AND-RI Ltd. - called “New Impulse” (NEW IMPULSE) performs its services in Hungary and countries of the EU.

The involved services are coded according to the governing trade rules: SZJ 522908, SZJ 532008, SZJ 782008
The rate of VAT of services: 20 %
The executions of services (freight and small parcel delivery) are carried out by its own fleet of vehicles, cars, minibuses, small cargo transit vehicles.

Operates services in Budapest and its 40 km agglomeration area, called “express small parcel deliveries” every day of the week, for incoming requests daily from 07:00h – to 22:00 h, after confirmation of order and acceptance of offer, the courier nearest to the sender picks up the parcel and delivers the consignments within two hours to the addressee.

Budapest round rout (non express) :for incoming requests registered daily from 07:00h – to 12:00 h, after confirmation of order and acceptance of offer, the courier nearest to the sender collects the parcel and delivers the consignments the same day till 18 hours in the evening to the addressee.

Express inland small parcel service for incoming requests registered daily from 07:00h- to 18:00 h after confirmation of order and acceptance of offer, the courier nearest to the sender collects the parcel and delivers the consignments within 4 hours from the time of collection to the addressee in Hungary.

Inland round rout (non express) :for incoming requests registered daily from 07:00h – to 12:00 h, after confirmation of order and acceptance of offer, the courier nearest to the sender collects the parcels on the shortest way and delivers the consignments possibly the same day till 20 hours in the evening but not later than the following day till 12:00 hrs. to the respected addressees.

Express small parcel service solely in relation to EU countries and Hungary - for incoming requests registered any day daily from 07:00h- to 20:00 h after confirmation of order and acceptance of offer, our courier nearest collects the parcel and delivers the consignment - depending on the distance and method of transit - within 4 business days (in case of road transport) from the time of collection to the addressee in any EU county, inclusive Hungary.

Small parcel service solely in relation to EU countries and Hungary - for incoming requests registered during the first two business days of the week daily from 07:00h- to 18:00 h after confirmation of order and acceptance of offer, our courier collects the parcels in the shortest way in Hungary. After being sorted, the consignment is dispatched on the fourth day of the given week to the concerned addressees. Our couriers do their utmost to hand over the consignment either to the domicile of addressee or to the place in line with delivery instructions given by the consignee.

7.1
Collection of consignments

Collections of consignments are carried out always in advance defined time - on the basis of demands communicated via phone, fax, e-mail, in written form – at the premises or domicile of the addressee. The consignments may be received by the service provider also at its own premises in which case the charges of transportation are formulated accordingly with the route involved from the site of the service provider to the place of destination.

The employee or the subcontractor courier of the „New Impulse” collects or receives respectively the consignment for transportation from the contracting party pursuant to the contract in effect between them.

A contractual relationship shall be deemed as established as well as the collection of consignment shall be proved and confirmed by the duly signed consignment note, - specifying the date, name and signature of the employee/courier and coordinates of the service provider – made out by the „New Impulse”.

Demands or requests for services are received at:

- Phone: +3632786663
- Fax: +3632786663
- Mobil: +36305318868, +362042432424, +36702341589, +447903029315
- skype: be.and.ri
- e-mail: info@newimpulse.co.uk
- At the official webpage of the firm: www.newimpulse.co.uk
- In person: at the premises of the site of the service provider

7.2

Volumetric and weight limits

Maximum circumference width-length-height:
3mX1.8mX1.8m
Maximum weight: 800 kp

8.
Delivery of consignment

The service provider delivers the consignment to the addressee recorded on the consignment note defined by the sender, except for other instructions arising from the contract or given by the sender.
In case the delivery of the consignment for any reason becomes not executable or it is undeliverable, the service provider shall make reasonable attempts to notify the contracting party by phone. The consignment shall be returned against due charges in accordance with the instructions of the contracting party.

Not correct or insufficient address does not exempts the service provider from its liability to do its utmost to ensure that the consignment is delivered to its place of destination, but in case of undeliverable service resulting from faulty addressing relieves its the liability for damages.

The service provider delivers the consignment to the doorstep of the addressee whenever it is possible.

The service provider shall hand over the consignment solely to the person recorded on the consignment note or to its authorized representative

In case of rejection of acceptance of consignment, confirmed with signature of the addressee, the consignment shall be returned to the prejudice of the contracting party.

8.1

Acknowledgment of reception of consignment

The reception of consignment is to be acknowledged on the consignment note, defining the date of the receipt and with full signatures of the person on it whom it has been delivered to.
The consignment may be handed over to a person illiterate, under age, not in capacity of action solely in the presence of a person in full capacity of action who as witness also undersigns the consignment note confirming and acknowledging the reception.

9.
Complaints and notifications

The Postal Services Act number 51 of 2003 and the related government decree, as well as the Consumer Interest Protection Act number 155 of 1997 warrant that the contracting parties of the services can lodge their complaints and notifications with the respective service operators free of charge
Contracting parties can make complaints in the following way:

- By phone
- By phone
- By fax
- by mail
- in person
- in records on consignment note
- by e-mail

The New Impulse Small Parcel Courier Services shall investigate any complaints, and claims in relation to its activity within 5 days from the date of reception as well as shall inform the plaintiff of the result.

In case the investigation establishes the liability of the Service provider and its fault has caused material damage to the contracting party, the damages arisen have to be paid by the service provider.

All other disputes shall be dealt with according to the Civil Code and its regulations.

10.
Privacy and data protection, confidentiality

The information submitted to or gained about the contracting party will be managed, processed and passed in accordance with the provisions of Data Protection and Privacy Act as well as with regard to regulations about the release of information in public interest.
The service provider may request data and information from the sender solely to the extent limited to that with a strict need to know for formulating the contract of service.
The service provider shall not share any information about the consignment with anybody except for persons participant in the contract and delivery (sender, addressee or the person whom the consignment shall be delivered to, courier) unless information request by law enforcement meets applicable legal standards.

"Consignor" means any person whose signature appears on the consignment note issued by the service provider and completed by the consignor for a particular consignment.
Consignor in full legal powers is also the person who dispose of the registered code and booking number of the dispatch and in case as it happens and the person who gives via electronic communication (phone, fax, email, internet) the New Impulse the unique identification coordinates of the consignment and disposes the address of both the consignor and consignee.
The service provider shall be entitled to open the consignment in case of emergencies as it follows:
The packaging is damaged to the extent, that without repacking there is no way for the safekeeping of the parcel during the transit,
In the opinion of the service provider the consignment endangers human life, premises or equipment in order to prevent such a danger,
The safeguarding period of the undeliverable consignment expired.
- The service provider has to record in protocol the opening of the consignment. The fact of opening shall be declared on the consignment note and shall be communicated if it is applicable by reasonable efforts to the contracting party.
The service provider and its collaborating courier (organization) shall ensure by proper measures the confidentiality, privacy and safety of all communication and dispatches.
The service provider and its collaborating courier (organization) in case of information requests met by applicable legal standards shall be obliged to pass information, data or records for checking, survey etc. to those authorized organizations set out by law.

11. Liability of the service provider for execution of services
The New Impulse shall be liable for any nonperformance as to the contractual conditions of its services resulting in physical damage, loss and perish in line with the applicable provisions of law, the Civil Code as well as this General Terms and Conditions of Service.
The New Impulse will not be liable in any way for damage and loss of consignment during activities for purposes inside his business in the event of any situation or circumstance arising over which New Impulse has no reasonable control and which renders the fulfillment of its obligations impracticable or impossible(force majeure, war, sabotage, riot, explosion, catastrophe, fire, strike or labor disputes, attacks and other violent threats or because of state of emergency, delay by any government or authority including that of on national security considerations or because of insufficient packaging (outer layer, inside layer not in accordance with the nature of the contents, omitted not sufficient marking and addressing, shortage, delay of special instructions, declarations, failure of warnings in case of the need for special handling, (fragile) neither for inherent deficiencies, nor shall be liable for any consequential or economic loss whatsoever, including but not limited to loss of production or profit, arising out of such loss or damage.
The burden of proof lies with Service provider
To prove that the damage arisen either from insufficiencies of the packaging and inaccuracies of the addressing, or from circumstantial events over which it has had no reasonable control or has been caused by a third party against the service provider’s full compliance with the contract.
The burden of proof lies with contracting party
To prove that the damage has not been caused by insufficiencies and inaccuracies of the packaging and addressing, or not caused by inherent material deficiencies.
In case of indirect delivery by servant party the liability of the service provider passes to the servant on receiving the consignment for transit. Further on the forwarding person has full liability to the addressee according to the Civil Code.

11.1 Claims for damages
11.2. General provisions
A claim for damages must be lodged with New Impulse within 15 calendar days from the date the goods were sent or in case of any discrepancies, loss or damage recorded and after being identified in subsequent protocol it must be enforced within one year,
In case of late delivery of postal consignment the subsequent claim shall be lodged with Service provider within a term of preclusion of 15 calendar days from the date the parcel was received.

In case of damage, loss or any infringement of the consignment the subsequent claim by the contracting party for damages can be investigated and concluded on the basis of protocol pursuant this claim.