1. These Rules for filing and appealing claims on the transport information server Lardi-Trans (hereinafter referred to as the “Website” or “Lardi-Trans”) were developed based on the requirements of Ukrainian legislation and customary business practices.

 

2. Relating to Lardi-Trans: A claim is a verified written request of a registered user of the Website addressed to another subject of entrepreneurial activity, which contains a financial claim due to a breach of the laws of Ukraine or a contractual obligation.

 

3. Relating to Lardi-Trans: a claim can only be financial (that is, any other violation of property or non-property rights must be expressed in monetary terms before filing a claim), and a remedy of the breach is either payment of full/partial amount of the claim or mutual settlement without payment.

 

4. Relating to Lardi-Trans: the parties to the Claim are the Creditor (a registered Lardi-Trans user who filed the Claim; the author of the Claim) and the Debtor (a registered Lardi-Trans user to whom the Claim is addressed; the recipient of the Claim).

 

5. Mandatory elements of the Claim are:

5.1. a description of the circumstances and nature of the Claim with a justification for the amount of the Claim (comments of the author of the Claim);

5.2. electronic copies of documents confirming the existence of contractual relations and their breach (a contract, bill of lading, waybill, certificate, extract, etc.);

5.3. the exact amount of the Claim;

 

6. The purpose of posting a Claim is to inform Lardi-Trans users of a committed breach of the laws of Ukraine, business customs or the terms of the contract by a business entity when carrying out entrepreneurial activities in the sphere of cargo transportation; to inform Lardi-Trans users of the existence of a financial claim.

 

8. After the Claim is posted, it can only be removed by the Lardi-Trans website.

 

9. The procedure established by these Rules for filing and appealing Claims is mandatory for all individuals and business entities who have chosen to resolve disputed relationships by filing and/or appealing the Claim on the Lardi-Trans website.

 

10. Responsibility for the accuracy of the information (the veracity of the information) lies with the author of the Claim who posted it.

 

11. Lardi-Trans reserves the right to remove the Claim or refuse to post the Claim if there is any doubt about the reliability, accuracy and objectivity of the Claim and/or the documents attached to the Claim. Lardi-Trans does not verify whether the Claim is consistent with reality, and also does not verify the presence or absence of fault in the actions of the author and recipient of the Claim, since Lardi-Trans does not have a real opportunity to carry out such verification.

 

12. The act of filing and posting Claims is free of charge.

 

13. The claim can only be posted by a registered user of Lardi-Trans.

 

14. Verification of the text of the Claim and the documents attached to the Claim by Lardi-Trans lawyers before its posting (pre-moderation) is a verification of the nature and circumstances of the Claim for compliance with the requirements of the legislation of Ukraine, the submitted documents, in particular:

14.1. there are required documents that confirm the fact that services were (were not) provided, that is grounds for the Claim;

14.2. the legal or natural person indicated in the documents corresponds to the author of the Claim and the registered user of Lardi-Trans;

14.3. the documents contain all the required and mandatory details and information;

14.4. verification of the text of the Claim for compliance with current laws and regulations of Ukraine and the Rules for filling and appealing the Claims on the Website.

 

15. Lardi-Trans does not take into account:

15.1. correspondence using any instant messengers;

15.2. screenshots from the cell phone (text messages, calls, contact details or any other messages and information);

15.3. photos, as well as audio and video recordings, if they are not an integral part of the documents provided;

15.4. payment orders or payment documents which were not marked by the bank as executed;

15.5. documents with unreadable text or poorly distinguishable text, prints and graphic elements;

15.6. documents in *.doc, *.txt, *.xls and other similar formats that can be edited with standard office programs and their analogues.

 

16. Brief description of possible Claims and the required documents to them:

16.1. Possible Claims against the carrier:

Nature of the claim Required documents attached to the claim
Loading/unloading delay - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier;
- the bill of lading, CMR note or other document confirming the fact of transportation of the cargo by the carrier
or Court decision
Loss, damage or shortage of goods - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- the bill of lading, CMR note or other document confirming the fact of transportation of the cargo by the carrier
- a document confirming the loss, damage or shortage of goods
- a document confirming the value of the commodities
- a document proving the payment of the amount of damage to the cargo as a result of transportation
or Court decision
Cargo theft - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- the bill of lading, CMR note or other document confirming transportation of the cargo by the carrier
- a document confirming the cargo theft investigations or an official letter from law enforcement agencies confirming that the cargo theft has been reported
- a document confirming the value of the cargo
or Court decision
Service failure - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- a document confirming the fact of service failure
or Court decision
Recovery of material and moral damages, court costs Court decision
Prepayment - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- a document confirming the transfer of prepayment
or Court decision
Missent payment - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- a document confirming payment, including a missent one
or Court decision
Unpaid dispatcher services - the contract, the paid freight bill or other document confirming the contractual relationship with the carrier
- a document confirming the payment of funds to the carrier, including payment for the services of a dispatcher
or Court decision

16.2 Possible claims against the consignee

Nature of the claim Required documents attached to the claim
Service failure - the contract, the paid freight bill or other document confirming the contractual relationship with the consignee
- a document confirming the fact of service failure
or Court decision
Downtime (loading/ unloading) - the contract, the paid freight bill or other document confirming the contractual relationship with the consignee
- the bill of lading, CMR note or other document confirming transportation of the cargo
- a document confirming the fact of downtime
or Court decision
Failure to pay for transportation services - the contract, the paid freight bill or other document confirming the contractual relationship with the consignee
- work completion certificate (signed by all parties) or the bill of lading or CMR note or other document confirming the proper performance of cargo transportation
or Court decision
Recovery of material and moral damages, court costs - Court decision

 

17. In the course of verification of the text of the Claim and the documents attached to the Claim, Lardi-Trans has the right:

17.1. to request the elimination of non-compliance of the Claim with these Rules;

17.2. to request any other documents related to the text and content of the Claim. Failure to provide such documents at the request of Lardi-Trans may be grounds for refusing to post the Claim;

17.3. to request clarification from the author of the Claim;

17.4. to refuse to post the Claim if there is any doubt about the reliability, accuracy and objectivity of the Claim and/or documents attached to the Claim;

17.5. to remove the Claim in cases provided for by these Rules or the legislation of Ukraine.

 

18. The grounds for refusing to post a Claim:

18.1. the author’s refusal to post the Claim;

18.2. the absence of any mandatory element of the Claim provided for by these Rules, and the failure to add this element of the Claim by the author within one day from the date of the request of Lardi-Trans;

18.3. failure to submit documents to the Claim, which were requested by Lardi-Trans, within three days from the date of the request of Lardi-Trans

18.4. if the text contains insults and threats, profanity and/or veiled profanity (in particular, but not exclusively, swear words (phrases), represented wholly or partially, using typographic symbols and/or other characters), propaganda of racial, national and religious hatred, as well as any other statements that violate the current legislation of Ukraine;

18.5. if Lardi-Trans has any doubts about the reliability, accuracy and objectivity of the Claim and/or the documents attached to the Claim;

18.6. in other cases, provided for by these Rules or current legislation of Ukraine.

 

19. The grounds for removing the Claim:

19.1. by request of the author of the Claim;

19.2. to sustain an appeal of the recipient of the Claim.

 

20. In the event that the Claim is recognized by the recipient or in the case of payment of the amount of the Claim, such Claim is not subject to removal, but its status changes.

 

21. The Debtor (the recipient of the Claim) has the right to appeal the Claim.

 

22. An appeal against a Claim may be filed only once.

 

23. Consideration of repeated appeals is possible at the discretion of Lardi-Trans if the new exceptional circumstances emerge.

 

24. Mandatory elements of an appeal against a Claim:

24.1. a description of the circumstances and nature of the appeal;

24.2. electronic copies of documents that confirm the appeal against the Claim, or an explanation of the reasons for their absence.

 

25. The appeal against the Claim is entertained within five days.

 

26. In the course of the appeal processing, Lardi-Trans has the right:

26.1. to request the elimination of non-compliance of the appeal against the Claim with these Rules;

26.2. to request from the author and/or recipient of the Claim any other documents related to the text and content of the Claim and the appeal against the Claim. Failure to provide such documents at the request of Lardi-Trans may be grounds for refusing to sustain the appeal or for removing the Claim;

26.3. to request clarification from the author and/or recipient of the Claim;

26.4. to refuse to sustain the appeal or to remove the Claim if there is any doubt about the reliability, accuracy and objectivity of the Claim and/or documents attached to the Claim;

26.5. to remove the Claim in cases provided for by these Rules or the legislation of Ukraine.

 

27. Lardi-Trans conclusions made during the processing of Claims and appeals against Claims cannot be used as evidence in court and do not have a pre-established legal force.

 

28. If there is a counter financial claim due to a breach of the laws of Ukraine or a contractual obligation, the recipient of the Claim has the right to post a counter-claim which is accepted and posted if the counter-claim targets the same relationship between the author and the recipient of the Claim.

 

29. These Rules apply to all registered users of Lardi-Trans who are the authors or recipients of the Claim.

 

30. Lardi-Trans reserves the right to change these Rules at any time. The Rules are available on the Lardi-Trans website.

 

Date of last update: 2020-08-14