Conditions of carriage
These general conditions govern the contract of carriage and forwarding entered into with TM Italy Import Export. By accepting them when placing an order, the sender acknowledges that they apply in full.
Subject matter and formation of the contract
TM Italy Import Export arranges the transport of goods within Italy and abroad, either directly or through selected third-party carriers, and handles the related customs formalities.
The contract is formed when the sender confirms the order and the payment is authorised. The quote shown at order stage is calculated on the data declared by the sender and remains valid for the period stated when it is issued.
The sender's obligations
Correct performance of the transport depends on the information given when the order is placed.
- Declare the nature, weight, dimensions and value of the contents accurately.
- Pack the goods appropriately for the journey and the number of handlings expected.
- Provide the customs, health or licensing documents required by the country of destination.
- Ensure the shipment is lawful and that the consignee can be reached at the address given.
Goods excluded from carriage
We do not accept cash, bearer instruments, loose precious metals and stones, weapons and ammunition, narcotics, dangerous goods subject to ADR or IATA rules save by prior written agreement, live animals, human remains, perishables that are not temperature-controlled, and any goods whose circulation is prohibited in the country of departure, transit or destination.
Handing over excluded goods entitles the carrier to suspend the transport; the resulting costs remain with the sender.
Transit times
Stated delivery times are estimates based on the average times of the service chosen and are not an essential term within the meaning of Art. 1457 of the Italian Civil Code, unless a binding deadline has been agreed in writing.
Delays caused by customs inspections, force majeure, weather, strikes, airport closures or incorrect information supplied by the sender are not attributable to the carrier.
Liability and limits of compensation
Liability for loss, damage or delay is governed by the international conventions applicable to the mode of transport used: the 1999 Montreal Convention for carriage by air, the CMR Convention for international carriage by road and, for domestic carriage, Articles 1693 et seq. of the Italian Civil Code and the limits set by Art. 1696.
Indirect loss, loss of profit and loss arising from a business opportunity not concluded are in no case recoverable. For values above the statutory limits, additional insurance cover may be requested before the shipment leaves.
Claims
Visible damage must be contested on delivery by a written reservation on the transport document. Hidden damage and discrepancies in contents must be notified to us within seven days of delivery; delay, within twenty-one days of the goods being placed at the consignee's disposal.
Claims must be sent in writing to the contact details at the foot of this page, enclosing the shipment number, photographic evidence and proof of the value of the goods.
Governing law and jurisdiction
The contract is governed by Italian law. The courts of Milan have exclusive jurisdiction over any dispute, save for the consumer's forum where the sender is acting for purposes outside their trade or profession.