The English version of GlobalVita's Terms and Conditions of Service shall prevail in case of divergences for versions in other languages.

All GlobalVita's Services are provided in accordance with these Terms and Conditions of Service.

These Terms and Conditions of Service comprise the entire agreement between GlobalVita and the Customer

GlobalVita's Terms and Conditions of Service are described below and can be consulted online at www.global-vita.com/terms-and-conditions-of-service.

GlobalVita's Terms and Conditions of Service are effective from the Effective Date indicated above.

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1. Definitions

• Applicable Law: means any and all laws, regulations and rules applicable to the exportation, importation, transportation, storage and handling of the Shipment and to any obligation or activity related to these Terms and Conditions of Service;

• Customer: means the person or entity that requested GlobalVita to supply Services;

• Consignee: means the person or entity to whom a Shipment is to be delivered;

• Consignor: also referred as "shipper", means the person or entity to whom a Shipment is to be collected;

• Goods: means the goods, materials, or products, as well as any packaging for them not provided by GlobalVita, that the Customer requires to ship between the Consignor and the Consignee for the supply of the Service by GlobalVita;

• Order: means any request or order from Customer to GlobalVita, thought GlobalVita's website, in writing or any other means that GlobalVita has available, for the supply of Services by GlobalVita;

• GlobalVita: is the entity supplying Services. GlobalVita is a company registered in Portugal, whose legal name is Reliable Time - Unipessoal Lda (VAT number: 517405865);

• Quotation: means price estimate or budget made in writing by GlobalVita, offering to provide GlobalVita's Services to Customer;

• Service: means the supply of transportation, packaging, accessories, import/export proceedings, customs clearance, digital applications and any other arrangements and solutions, which are to be supplied by GlobalVita to the Customer, under one Waybill;

• Shipment: means the act of shipping the Customer's Goods between the Consignor and the Consignee under one Waybill;

• Terms and Conditions of Service: means these terms and conditions of supply of Service;

• Waybill: means the GlobalVita's waybill accompanying a Shipment issued or provided by GlobalVita that contains the details of the Shipment, for the requested Service;

• Writing: means e-mail communication, unless expressly provided to the contrary.

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2. General

2.1 By accepting a Quotation and/or placing an Order with GlobalVita, the Customer agrees on behalf of all shipping parties that these Terms and Conditions of Service apply to all Services provided by GlobalVita, including future Services until any Terms and Conditions of Service are amended, in which case such amended Terms and Conditions of Service shall apply to future Services, as applicable.

2.2 Additionally, by accepting a Quotation and/or placing an Order with GlobalVita, the Customer agrees that GlobalVita has no obligation to accept any Service. GlobalVita will provide Services only on these terms and reserves the sole authority to review and change these Terms and Conditions of Service at any time.

2.3 The contracting person warrants to have the power to do so on behalf of the Customer and legally represent and bind the Customer.

2.4 In case of a conflict between these Terms and Conditions of Service and any other document, these Terms and Conditions will prevail.

2.5 These Terms and Conditions of Service are subject to any applicable legislation which cannot be excluded, but only to the minimum extent provided by that legislation. Nothing in these terms reduces GlobalVita's rights or increases its liability under that legislation.

2.6 The Terms and Conditions of Service, together with the Order and/or WayBill, constitute the entire agreement of the parties with respect to the Service. They supersede all prior communications, representations, understandings, agreements and course of dealings; provided and and cannot be amended unless authorized in writing by GlobalVita. If the Customer and GlobalVita have a written agreement that refers to these Terms and Conditions of Service or that frames the services provided by GlobalVita, then these Terms and Conditions of Service together with the Order and/or WayBill, augment such agreement.

2.7 Any Order, document or communication that is in any way inconsistent with these Terms and Conditions of Service shall not be binding on GlobalVita unless expressly agreed to in writing by GlobalVita.

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3. Services

3.1 Scope of Services: The Services to be supplied by GlobalVita shall be those described in the Quotation accepted by Customer or Orders accepted by GlobalVita, and any other Services that the parties may agree in writing.

3.2 Quotations:

3.2.1 GlobalVita may issue Quotations to the Customer which are subjected to these Terms and Conditions of Service.

3.2.2 The Customer may accept or reject any Quotation. To proceed with placing an Order, the Customer must communicate acceptance  of the Quotation to GlobalVita in writing or any digitally-certified methods that GlobalVita has available.

3.2.3 GlobalVita reserves the right to change, rectify or update the Quotation before the Customer has accepted it.

3.2.4 GlobalVita reserves the right to charge extra fees if the information provided by the Customer to issue the Quotation (for example, the shipment weight) is inaccurate.

3.2.5 GlobalVita's Quotations respect a validity period which is specified on the Quotation. If the Customer accepts the Quotation after this period has expired, GlobalVita may review and update the Quotation.

3.2.6 In case the Customer does not require a Quotation before placing an Order, the price of the Service will be determined at sole discretion by GlobalVita.

3.3 Orders

3.3.1 The Customer may issue Orders to GlobalVita which are subjected to these Terms and Conditions of Service.

3.3.2 When issuing an Order, the Customer shall specify all relevant information for the Service supply. Furthermore, the Customer shall promptly provide to GlobalVita any information and/or assistance in connection with the Services and Goods being shipped. GlobalVita shall not be liable for the failure to perform the Service if it results from non-cooperation by the Customer in terms of providing such information or assistance. In such case, the Customer shall pay to GlobalVita any extra costs incurred in connection with performance of Services.

3.3.3 The Customer understands that by placing an Order, GlobalVita may accept the Order and proceed with the supply of Service. By supplying the Service the Customer understands GlobalVita will invoice the Service accordingly and that payment is due as per payment terms specified in the Quotation. If the Customer did not require a Quotation before placing the Order, the article 3.2.5 of these Terms and Conditions of Service applies.

3.3.4 GlobalVita may accept or refuse any Order from the Customer, in either case GlobalVita will communicate it to the Customer.

3.3.5 GlobalVita shall perform the Service with reasonable skill and care.

3.4 Shipment and Packing

3.4.1 GlobalVita shall determine the manner in which it performs the Service, including, but not limited to, the transportation means (with stopovers), packaging, routes, storage and procedures to be followed. Moreover, the Customer authorises GlobalVita to deviate from Customer's instructions if GlobalVita reasonably decides that it is desirable, beneficial or recommendable to do so.

3.4.2 The Customer shall be responsible to appropriately pack the Goods inside the packaging either it is provided by GlobalVita, the Customer itself or any other party, and package closure, according to the guidelines of the package manufacturer, whenever applicable.

3.4.3 GlobalVita shall make all efforts to arrange the collection and delivery of Shipments in accordance with requested or agreed dates, but does not guarantee to adhere to such dates.

3.4.4 GlobalVita may in its absolute discretion subcontract performance of Services with no constraints. In such cases, GlobalVita shall be entitled to the protection of all terms hereof which exclude or limit liability. All defences, exemptions, immunities, limitations and rights of GlobalVita on these Terms and Conditions of Service apply to its subcontractors. Furthermore, any subcontractor is permitted to open and inspect a Shipment’s contents, including any electronic data or information therein and thus, GlobalVita is not responsible or liable in any manner as a result of such inspection.

3.4.5 If delivery to the Consignee at the address provided by the Customer for the requested Service cannot be made for any reason beyond GlobalVita's control (including due to the Consignee’s refusal or a Force Majeure Event), GlobalVita will contact the Customer and seek to agree further attempts to deliver the Shipment or other actions, taking into consideration that any additional costs related with further delivery attempts (including, but not limited to, additional transportation, storage, disposal) shall be for the account of Customer and will be charged on top of the base price of the Shipment. Should GlobalVita and Customer fail to agree on further actions following first delivery attempt or in the absence of a prompt response from the Customer with 14 days from GlobalVita's contact, GlobalVita shall be entitled, at the expense of the Customer, to dispose of any Goods which have been held by or on behalf of GlobalVita. GlobalVita has no liability on account thereof.

3.4.6 Any mentioned delivery time is only an estimate. GlobalVita shall make all efforts to deliver all Shipments within the delivery times  mentioned but does not guarantee to adhere to these and is only obligated to deliver Shipments with reasonable dispatch. GlobalVita has no liability for any loss or damage caused by a delay in performance of the Service for any reason.

3.4.7 If the Customer has not appointed a broker for customs clearance, GlobalVita or a third party broker selected by GlobalVita may act as Customer’s agent to perform customs clearance.

3.4.8 GlobalVita will only ship Goods classificatied as “Dangerous Goods” in strict compliance with United Nations Recommendations on the Transport of Dangerous Goods, ICAO’s Technical Instructions, IATA’s Dangerous Goods Regulations and the ADR Agreement or other relevant legislation.

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4. Customer's Warranties

4.1 The Customer warrants to provide GlobalVita by writing prior to the supply of Service true, accurate and complete description and information about the Service and, in particular, any Goods that are the subject of any Services supplied by GlobalVita, as well as advise by writing on any relevant requirements associated with the Goods, including, but not limited to, temperature control, monitoring and being considered Dangerous Goods. The Customer shall indemnify GlobalVita against any loss or expense arising from any inaccuracy, ambiguity or omission of relevant information related with the Service. In particular, the Customer will indemnify GlobalVita against any liability GlobalVita may suffer as a result of any action brought by a third party. The Customer understands that civil and criminal penalties may be imposed for making incorrect, false, or fraudulent statements, or for the violation of any laws or regulations on importation or exportation.

4.2 The Customer warrants to notify GlobalVita by writing prior to the supply of Service if any Goods that are to be the subject of the Services are hazardous, dangerous, perishable or toxic, and shall detail how to handle them safely and appropriately. If tender to GlobalVita is accepted, the customer warrants to comply with applicable law and all GlobalVita requirements relating to their hadling and carriage.

4.3 The Customer warrants to take due account of matters of health and safety in associated with the Goods.

4.4 The Customer warrants that the Goods are in good condition in the moment of collection of the Shipment or commencement of Service.

4.5 The Customer warrants and represents that it is the owner of the Goods or the duly authorised agent of the owner with authority to engage GlobalVita to supply the applicable Services, and that has full right, power and authority to engage GlobalVita to supply the applicable Services.

4.6 The Customer and Consignor warrant to adequately insert, pack, accommodate and label the Goods inside the packaging.

4.7 The Customer and Consignee warrant to adequately extract and unpack the Goods from the packaging. The Consignee shall make sure that the Goods are in the same condition as they were shipped.

4.8 If the Customer requests GlobalVita to supply the Service using its own packages, containers or other equipment, (i.e. GlobalVita not supplying any sort of packaging), then the Customer warrants that its packaging is properly labeled and in good order for transportation in accordance with the packaging rules and applicable law, rules and regulations.

4.9 The Customer warrants to provide any documentation, import/export permits/licenses, affidavits or other paperwork, required by any relevant authority to comply with applicable law and which may be necessary for GlobalVita to supply the Service. GlobalVita assumes no liability to the Customer or any other person or entity for any loss or expense if the Customer fails to comply with any import or export laws, rules, or regulations.

4.10 Upon Customer’s breach of any representation, warranty or covenant herein, GlobalVita may terminate the Service without its completion. At such time, GlobalVita's responsibility for the Service ceases in full and may place the Shipment in a different location  than the one required on the Customer Order - location to be designated, which will be communicated to the Customer and may or may not be available for retrieval by the Customer at its sole expense. GlobalVita will be entitled on demand to the full charges in respect of such Service, together with additional compensation for all costs resulting from such breach and GlobalVita’s actions under this clause. The Customer shall remain responsible for any damage caused to GlobalVita by the termination of Services under this clause.

4.11 The Customer warrants its own compliance with, all applicable laws, rules and regulations, including, but not limited to, customs laws, import and export laws, and government regulations of the origin and destination countries of the Shipment.

4.12 The Customer warrants that themselfs and all parties involved in Shipment are not a "Prohibited Person" or "Prohibited Entity", which are individuals of entities with whom transactions are restricted or prohibited under any sanction, prohibition or restriction imposed by any state, country, supranational or international governmental organization or any relevant authority.

4.13 The Customer warrants to not request GlobalVita's Services (with or without GlobalVita's knowledge) to transport prohibited goods  by apllicable law, such as (but not limited to) precious stones, jewelry, valuables, antiques, pictures, plants, guns or firearms of any kind, ammunition, drugs (narcotics), fireworks, cash, currency, bullion, negotiable cash equivalents, stamps or any form of currency.

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5. Packaging

5.1 Any packaging, dewars (dry shippers), containers, accessories and other equipment used by GlobalVita in the provision of Services, shall remain exclusive property and ownership of GlobalVita at all times and be returned to GlobalVita upon performance of Services, within the time schedules mentioned on the Quotation, Waybill or any other sort of communication with the Customer.

5.2 GlobalVita's packaging must not be damaged or lost. All GlobalVita's packaging must be handled with care and must not be exposed for a prolonged time to extreme cold, sun or heat source. In any case, GlobalVita's packaging may be left at risk of damage or loss. The use of any GlobalVita's packaging by the Customer is under its own responsibility and subject to GlobalVita's instructions of use.

5.3 GlobalVita's packaging must not be used for any other purposes than in connection with the applicable Service.

5.4 Packaging-related Indemnification

5.4.1 The Customer shall indemnify GlobalVita following failure to comply articles 5.1, 5.2 and 5.3, meaning if GlobalVita's packaging is not returned to GlobalVita in the due time schedules, damaged, lost, or used for other purposes other than in connection with the applicable Service.

5.4.2 The packaging-related indemnification value associated with article 5.4.1 is the sole discretion of GlobalVita, which will be communicated to the Customer in due time.

5.5 GlobalVita shall not be held liable for the loss of the data recorded, through data loggers, real-time trackers, or similar devices.

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6. Financial

6.1 Base Price

6.1.1 The Customer will pay to GlobalVita charges in respect of the Services supplied by GlobalVita in accordance with the Quotation or, if no Quotation was requested to GlobalVita prior to the Customer placing the Order, the charges shall be as calculated by GlobalVita at its sole discretion in accordance with its normal practices at the applicable time. Additional fee may be charged on top of the base price such as Service surcharges and, taxes and duties, as per article 6.2 and 6.3, respectively.

6.2 Surcharges

6.2.1 GlobalVita may charge surcharges on top of the base price for additional services provided during the Shipment that were not included on the Quotation, including, but not limited to, Dangerous Goods handling, dry ice replenishment, storage, attempted collection and delivery, damage or loss of GlobalVita's package (as per articles 5.1, 5.2 and 5.3).

6.2.2 Whenever possible, GlobalVita makes available the surcharge value in writing, on the Quotation or or any digitally-certified methods that GlobalVita has available.

6.3 Duties, Taxes and Other Applicable Charges

6.3.1 The Customer is responsible for all customs duties, taxes, advances, disbursements and other charges issued by any regulatory body, relevant authority, customs agency and other authorities in connection with the Shipment, which may be payed by or on behalf of GlobalVita and charged to the Customer.

6.4 Payment Terms

6.4.1 The Customer shall pay all due charges within the payment terms mentioned on the Quotation or, in the absence of this information on the Quotation, within 30 days of the date of GlobalVita's invoice.

6.4.2 GlobalVita may require pre-payment of the Service (including base price, surcharges, taxes, duties and other charges) at its sole discretion.

6.5 Payment Method

6.5.1 The Customer shall pay all due invoices in full without any withholding, deduction, set-off, counterclaim or delay by bank transfer to the bank account indicated on the invoice or, in the absence of this information on the invoice, the Customer shall request the bank details to GlobalVita in writing at info@global-vita.com.

6.5.2 So GlobalVita can validate the receipt of payment, the Customer shall indicate the invoice reference in the description field of the bank transfer and provide to GlobalVita the payment receipt from the bank.

6.5.3 Other payment methods may be accepted by GlobalVita if GlobalVita authorizes such payment methods in writing. In such cases, the payment procedures and details shall be the ones indicated by GlobalVita in writing.

6.6 Currency

6.6.1 The Customer shall pay all due invoices in full without any withholding or deduction on the currency indicated on the invoice or, in the absence of this information on the invoice, in Euros (EUR).

6.7 Value-Added Tax

6.7.1 All Quotations, prices, fees and surcharges mentioned by GlobalVita are exclusive of any VAT. GlobalVita will add the corresponding VAT amount to the invoice, when applicable by law, which the Customer shall pay in full.

6.8 Billing Information

6.8.1 GlobalVita will send all invoices to the email address indicated by the Customer for that purpose. Unless otherwise agreed in writing by GlobalVita, the invoices will only be sent by email and not otherwise, which the Customer acknowledges and irrevocably agrees with.

6.9 Overdue Amounts

6.9.1 In addition to any other right that GlobalVita may have, if any amount due to GlobalVita is not paid on time: (i) the Customer shall pay interest on the overdue amount at 10% rate (applicable to the total amount due) or 100 Euros (or the equivalent in the invoicing currency), whichever higher, which recurrently adds to the total amount due for each 30 days period; (ii) GlobalVita may without liability suspend provision of the Services and withhold any Goods in its possession or under its control until receipt of the full amount by GlobalVita, together with any interest charged as mentioned earlier; and (iii) the Customer shall reimburse GlobalVita all costs and expenses (including legal fees on a full indemnity basis) incurred by GlobalVita in recovering overdue amounts.

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7. Data Protection and Confidentiality
7.1 Data Protection

7.1.1 GlobalVita and the Customer will process data in compliance with applicable local laws, enactments regulations, orders, standards and other similar instruments, which may include the Data Protection Directive 95/46/EC and the General Data Protection Regulation 2016/679 and any other applicable law.

7.1.2 The Customer will be solely responsible for determining the purpose of processing data and will only require GlobalVita to process data which is necessary and accurate for the purposes of providing Services.

7.1.3 GlobalVita will only process data in accordance with Customer's written instructions and only to the extent reasonably necessary to perform the Services.

7.1.4 GlobalVita implements appropriate measures to protect data against accidental or unlawful destruction, alteration, unauthorized disclosure, access, or processing, as well as measures to restrict access to data by personnel who require access to provide the Services to the Customer.

7.1.5 The Customer warrants to allow GlobalVita (and its subcontractors) to legally process data to supply the Services and allows the transfer and storage of data outside of the jurisdiction where it was collected for the purposes of providing the Services or as part of GlobalVita internal data storage procedures. The Customer will not transmit or otherwise disclose any data to GlobalVita or its subcontractors unless such transmission or disclosure is in compliance with applicable law.

7.1.6 The Customer shall ensure that data provided by GlobalVita is adequately protected and not transfered to outside the jurisdiction in which it was collected. The Customer shall immediately notify GlobalVita of any data breach or suspected data breach.

7.2 Confidentiality

7.2.1 GlobalVita and the Customer (and its representatives) agree to maintain secret and confidential all information such as businesses, financial, know-how, operating procedures, data, contacts, customers, employees, suppliers, subcontractors and other affairs obtained from the other party during, prior or after the supply of Services. The parties also agree to respect the other's proprietary rights in such information, to use it exclusivity for the purposes of supplying the Services and to disclose it only to such persons to whom and to the extent that such disclosure is reasonably necessary for such purposes.

7.2.2 It does not represent confidential information if (i) such information was already known by or in possession from the Customer or GlobalVita prior to receipt, (ii) is in the public domain or enters the public domain by either parties, or (iii) is obtained by either party on a non-confidential basis from a third party who, is not prohibited sharing information under confidentiality obligations.

7.2.3 Each party shall ensure that all persons or entities to whom it discloses any confidential information of the other shall be made aware of and subject to obligations of confidentiality and non-use and ensure to enforce such obligations.

7.2.4 The Customer shall not disclose to third parties any advice or information provided by GlobalVita in connection with the Services. Such advice or information should only be used for the provision of the particular Service concerned and GlobalVita shall not be liable for the consequences of any reliance placed upon it.
7.2.5 All confidentiality clauses in these Terms and Conditions of Service shall continue in force throughout the supply of Services to the Customer and for a period of 5 years thereafter.

7.3 GlobalVita intellectual property shall remain the sole and exclusive property of GlobalVita, and the Customer shall have no title or claim to such intellectual property.

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8. Liability

8.1 The Customer will make its own arrangements to insure the shipment to its full value against all appropriate risks, except to the extent that GlobalVita agrees to do so in writing, in which case GlobalVita shall effect such insurance as the Customer's agent and GlobalVita shall charge additional fees to the Customer related with this arrangement.

8.2 GlobalVita shall not be liable for any claim in connection with a Service except to the extent to which it arises from GlobalVita's proved gross negligence or willful misconduct.

8.3 In any event, GlobalVita liability for any claim (or all claims arising from a single incident) whether arising in contract, tort, negligence, breach of statutory duty or otherwise shall not exceed:

• If the Warsaw Convention (whether amended or unamended), the Montreal Convention or any other international convention is compulsorily applicable, the relevant limitation amounts set out therein shall apply.

• If the convention of International Carriage of Goods by Road ("CMR") is compulsorily applicable, the relevant limitation amounts set out therein shall apply.

• In all other cases, it shall apply either (a) the declared value of the Goods lost or damaged, as indicated on the commercial/proforma invoice (if applicable), or (b) two Special Drawing Rights (SDRs) as defined by the International Monetary Fund per Kilogram of net weight of Goods lost or damaged. Being both options capped up to a maximum of two hundred Euros (€200,00) per Shipment/Service.

8.4 For the purposes of clause 8.3, the value of any Goods shall be their value when they were or should have been shipped and the value of SDRs shall be calculated as at the date when the applicable claim is received by GlobalVita in writing.

8.5 In any event, GlobalVita's aggregate liability to the Customer in any twelve (12) month period, howsoever arising, will be limited to twenty-five thousand Euros (€25.000) for claims other than those covered under the Montreal, Warsaw or the CMR conventions, or a pro rata amount for any period which is less than twelve (12) months.

8.6 GlobalVita excludes all warranties with respect to the Services, whether expressed or implied by operation of law, course of dealing, trade usage, representation, statement or otherwise, including, but not limited to, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or infringement of intellectual property rights. GlobalVita shall not under any circumstance be liable to anyone for direct, indirect, incidental, special, consequential or exemplary damages of any kind, including, but not limited to, claimed loss of use, sales, delay, interest, lost profit, lost opportunity, attorney’s fees, costs, or any other forms of damage, however caused, whether for breach or repudiation of contract, tort, breach of warranty, negligence, or otherwise, whether or not GlobalVita was advised of the possibility of such loss or damages. All loss or damage claims are subject to and may not exceed the limitations described above.

8.7 The Customer shall indemnify GlobalVita against all liabilities, losses, damage, claims, demands, costs and expenses incurred or suffered by GlobalVita that arise out of GlobalVita acting in accordance with Customer's instructions and/or that arise out of or in connection with any breach by Customer of any obligation or warranty or from the negligence of Customer and its representatives. Furthermore, the Customer shall indemnify GlobalVita against all claims and demands whatsoever and by whomsoever (including by any Consignee, Owner or other third party) made or preferred in excess of the liability of GlobalVita, regardless whether such claim or demand arises from or in connection with any breach of contract or negligence or other wrongdoing on the part of GlobalVita, and against all liabilities, losses, damage, costs and expenses arising out of or in connection with such claims and demands.

8.8 In no event shall the liability provisions in clause 8 be amended, expanded or modified by any service level or quality agreement, purchase order or other writing describing the shipping protocol for Shipments.

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9. Force Majeure

9.1 GlobalVita shall not be liable for claims in circumstances of force majeure, i.e. where GlobalVita is obstructed in or prevented from performing the Services by reason of factors beyond GlobalVita's practical control, including unavailability of personnel or equipment. This includes but is not limited to liability for any loss or damage to a shipment or for any delay caused by a) war, unrest, terrorism and similar troubles, change in law or regulations, and more generally any acts of any public authority; b) storms, lightning, flooding, fog, frost, snow and similar weather conditions, earthquakes, volcanic eruptions, and other natural catastrophes, fires, explosions, disease outbreaks, pandemics, and more generally acts of God; c) lock-out, strikes and similar labor conflict; d) transportation system (aerial, road, rail, sea) disorders, unavailability of transportation means, breakdown of vehicles and other equipment, flight cancelllation; e) chemical or biological contamination, ionizing radiation emanating out of any nuclear fuel or from any nuclear waste or component or from radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component; f) rejection of a shipment by the addressee, absence of the addressee, lack of accessibility of the Customer’s or addressee’s premises.

9.2 The Customer shall reimburse GlobalVita for any increase in costs arising from the carriage of a Shipment during  Force Majeure Event.

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10. Claims

10.1 Any claim or legal proceeding by Customer against GlobalVita arising in respect of any Services must be made in writing and notified to GlobalVita within 14 days of the supply of Service, and any claim not so made within that period or notified shall be deemed to be waived and absolutely barred, being GlobalVita discharged of all liability in respect of the Service.

10.2 The number of claims that the Customer may issue is limited to one claim per shipment.

10.3 Under no circumstances shall Customer make any claim against any employees, subcontractors or agents of GlobalVita, or against any other persons connected with GlobalVita. Any such claim made by the Customer or other third party shall be deemed to be a claim against GlobalVita.

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11. Cancellation Policy

11.1 The Customer may cancel each Order at no charge prior to supply of Service in writing to GlobalVita or any digitally-certified methods that GlobalVita has available, not less than seventy two (72) hours prior to the Order’s scheduled commencement time and date of Service, which for Shipments booked with GlobalVita corresponds to the time and date of collection of the Shipment at Consignor's address.

11.2 Should the Customer notify GlobalVita of a Order cancellation between seventy two (72) and forty eight (48) hours prior the scheduled commencement of Service (as defined above), a cancellation fee is applicable corresponding to fifty percent (50%) of the total price of the Service.

11.3 Should the Customer notify GlobalVita of a Order cancellation less than forty eight (48) hours prior the scheduled commencement of Service (as defined above), a cancellation fee is applicable corresponding to one hundred percent (100%) of the total price of the Service.

11.4 The right of the Customer to cancel an Order does not preclude at any time and in any case the right of GlobalVita to be reimbursed for the costs it has already incurred with the Service before being notified of Order cancellation, namely, but not limited to, all costs resulting from the purchase of products and services, or the hiring of services from third parties.

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12. Miscellaneous

12.1 The Customer understands and agrees that GlobalVita's base rates do not include insurance or other compensation for loss, damage or delay other than as expressly provided in these Terms and Conditions of Service and limited hereby.  Thus, the Customer agrees that in the event the Customer desires coverage for any risk or loss, the Customer will obtain its own insurance, and that insurance will contain a waiver of subrogation provision waiving any subrogation rights for and on behalf of such insurance company. In the event the Customer fails to obtain a waiver of subrogation, the Customer, at its own expense, will defend, indemnify and hold GlobalVita and any carrier(s) or subcontractors GlobalVita retain harmless with respect to claims made by the Customer or any third parties acting as Customer subrogees or assignees.

12.2 If any term or provision of these Terms and Conditions of Service shall be held void or unenforceable all the remaining terms and provisions contained herein shall continue in full force and effect.

12.3 No addition, amendment to or modification of these Terms and Conditions of Service shall be effective unless it is in writing and signed by the duly authorised representative of each party.

12.4 GlobalVita may without consent assign its rights and obligations with the Customer under these Terms and Conditions of Service to any person or entity to whom it transfers all or part of its business and assets.

12.5 No delay by GlobalVita in exercising any right shall be deemed a waiver of such right.

12.6 These Terms and Conditions of Service supersede any arrangements, undertakings, promises or agreements made or existing between the parties and constitutes the entire understanding between the parties in relation to the provision of Services. No terms and conditions referred or incorporated into any documentation issued by the Customer shall have any effect. No terms or conditions not expressly set out in these Terms and Conditions of Service form part of it.

12.7 GlobalVita makes no representation or warranty of any kind and disclaims and excludes all warranties and other terms implied by statute or common law to the fullest extent permitted.

12.8 Except as expressly provided herein, a person or entity who is not a party to the Terms of Conditions of Service may not enforce, or otherwise have the benefit of, any provision of these Terms of Conditions of Service.

12.9 In these Terms and Conditions of Service, the terms “including”, "such as", "for example", "in particular" or other words indicating that examples falling within more general wording follow, shall not be construed as limiting in any way the scope of the corresponding more general wording.

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13. Governing Law

13.1 Any dispute or claim arising out of or in connection with these Terms and Conditions of Service or the provision of Services shall be exclusively governed by and construed in all respects in accordance with the laws of Portugal, to which jurisdiction the Customer irrevocably submits. GlobalVita is entitled to bring legal proceedings against the Customer in one or more jurisdictions. Legal proceedings by GlobalVita in one or more jurisdictions will not preclude legal proceedings by it in any other jurisdiction, whether concurrent or not. The prevailing party in any legal action may recover all costs, including reasonable attorneys’ fees and expenses.

13.2 The Parties shall endeavour to resolve any dispute arising out of or in connection with the provision of Services by negotiation between their representatives who have the authority to resolve the dispute. The Parties may agree to try and resolve such dispute through mediation, expert determination or other means appropriate to the dispute; and no Party shall unreasonably refuse to take part in such process. The Parties irrevocably agree that any dispute arising out of or in connection with the provision of Services that is not resolved by other means shall be subject to the exclusive jurisdiction of the courts of Portugal.

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14. Changes to the Terms and Conditions of Service

14.1 GlobalVita reserves the sole authority to review and change these Terms and Conditions of Service at any time.

14.2 Any review and change to GlobalVita's Terms and Conditions of Service will supersede any prior versions

14.3 Any review and change to GlobalVita's Terms and Conditions of Service will be published at www.global-vita.com/terms-and-conditions-of-service

14.4 If the Customer has any difficulty in accessing GlobalVita's Terms and Conditions of Service please contact GlobalVita at info@global-vita.com