General conditions of the contract of carriage
Transport performed in accordance with the rules resulting from the general conditions of the contract of carriage. Acceptance of the order for execution means acceptance of the General Terms and Conditions of the Transport Agreement constituting an integral part of the order. GENERAL CONDITIONS OF THE TRANSPORTATION AGREEMENT:
1. Documents confirming the performance of the transport (including two copies of the original CMR or waybills (in the case of domestic transport), stamped and signed by the sender, recipient and carrier, WZ documents, delivery note , lieferschein specification , printout from the thermograph if the transport was carried out at a controlled temperature (STAMBLED AND SIGNED DOCUMENTS, INCLUDING THE TRANSPORT ORDER), as well as the original pallet receipt, if pallets were exchanged in the performance of the transport contract, should be sent within 3 working days from the date of unloading by e-mail to the following address: spedycja@fides-logistics.com with the order number and carrier’s name indicated in the subject of the message. The invoice and the originals of the above-mentioned documents confirming the performance of the transport should be sent within 7 days from the date of unloading to the following address: Gola Grodkowska 5, 49-200 Grodków and to spedycja@fides-logistics.com .
2. The VAT invoice should include the number of the received transport order, the route of travel and the currency and PLN account belonging to the Contractor, which is a condition for accepting the VAT invoice and payment. The account number will be automatically assigned to the contractor’s file. Each change of the account requires separate written or e-mail information and a clear indication of the change of the account number on the VAT invoice. VAT invoices issued incorrectly will require correction, which will extend the payment deadline.
3. Payment for the freight is made by bank transfer within 30 days from the date of receipt of the VAT invoice correctly issued by the Contractor and the original documents referred to in point 1.
4. Failure to meet any of the deadlines specified in point 1, including failure to send any of the documents specified in point 1 within the time limit specified therein, will result in a penalty of 10% of the agreed freight for each case of failure to meet the deadline and will extend the freight payment deadline by another 30 days from the date delivery of all correct documents specified in point 1.
5. Failure by the Contractor to send the original pallet receipt in accordance with point 1 authorizes the Principal to charge the Contractor with an additional payment for unsettled pallets, which the Principal has the right to deduct from the freight receivable.
7. Loss or failure by the Contractor to deliver any of the documents described in point 1 within 60 days from the date of unloading will result in a penalty of 100% of the agreed freight.
8. Carrying out transport by the Contractor on the basis of a document other than the Bill of Lading (in domestic transport) or CMR (in international transport) extends the payment deadline for the transport in question to 7 days from the date of payment by the entity ordering the transport to the Principal.
9. Carrying out transport by the Contractor on the basis of a document other than the Bill of Lading (in domestic transport) or CMR (in international transport) entitles the Principal to charge the Carrier with a contractual penalty in the amount of freight agreed for a given transport.
10. Payment in PLN will be made at the average exchange rate announced by the National Bank of Poland on the day preceding the day of unloading.
11. Payment in GBP/EUR – for VAT purposes, the amount in PLN must be calculated on the invoice at the average exchange rate announced by the National Bank of Poland on the day preceding the day of unloading. 12. The Contractor declares that he acts with due diligence, conducts business registered in accordance with applicable regulations, has the required licenses, permits or concessions to conduct business to the extent necessary to carry out the transport / forwarding activities entrusted to him, has a liability insurance policy valid for the entire period of transport civil liability of the forwarder and/or road carrier, with full insurance coverage (which means no theft and robbery damages) covering the transport of a given type of goods and with the sum insured corresponding to the value of the consignment in domestic transport, and in international transport – in relation to carriers – the sum insured not lower than the product of the gross weight of the transported goods and 8.33 SDR and that it has appropriate means of transport (in relation to the actual carriers) and undertakes to provide the Principal with the above-mentioned documents before performing the contract. If the Principal has reasonable doubts as to the above, the Principal shall be entitled to cancel the order without any fees or financial consequences. This does not exclude the possibility of charging the Contractor in accordance with point 17 (the so-called guarantee clause).
13. The Contractor undertakes to drive the means of transport by a person with appropriate qualifications, to use a means of transport adapted to the transport of a given type of goods, to use a car with valid technical tests, not to exceed the permissible load capacity of the means of transport used for transport, not to leave the means of transport unattended.
14. The transport is carried out in accordance with the CMR Convention, the Transport Law, the Civil Code OPWS, AETR, ADR, TIR and others.
15. The Contractor may not commission transport to a further carrier without the written consent of the Principal. Failure to comply with the ban will result in a contractual penalty in the amount of freight and the obligation to cover any damages resulting from this.
16. The Contractor’s commissioning of transport to a further carrier obliges the Contractor to deliver to the Principal a confirmation of payment to the further carrier of remuneration for the carriage (freight), which is a condition for making the payment by the Principal to the Contractor. In this case, the payment deadline is 30 days from the date of receipt of the confirmation specified above, but not earlier than the expiry of the deadlines specified in points 3 and 4.
17. Lack of a written refusal to execute the order within 1 hour from its receipt is tantamount to acceptance for execution and means acceptance of its conditions without reservations. The Contractor’s failure to perform the order obliges him to pay the Principal the amount in the amount of freight for the failure to perform the order, regardless of the reason for the failure (the so-called guarantee clause).
18. In the event of obstacles during the execution of the order, the Contractor shall immediately notify the Principal about them. Any consequences resulting from independent changes shall be borne by the Contractor.
19. The Contractor may not leave the place of loading without the consent of the Principal in a situation where, upon arrival at the place, it turns out that the goods are missing in whole or in part or due to other complications related to the loading of the goods. Arbitrary leaving the place of loading is tantamount to non-performance of the order and obliges the Contractor to pay the Principal the amount of freight for non-performance of the order in accordance with point 17 (the so-called guarantee clause).
20. The Contractor may not leave the place of unloading in the event of any complications related to the unloading of the goods without the consent of the Principal. Arbitrary leaving the place of unloading obliges the Contractor to pay the Principal the amount in the amount of freight and to cover any damages resulting from this.
21. Failure to load the goods by the Contractor for reasons attributable to him, including due to the inability to properly secure the load or the poor technical condition of the vehicle, obliges the Contractor to immediately provide a replacement vehicle or cover the costs of providing such a vehicle by the Principal, including any difference in the amount of freight between the freight agreed with the Contractor and the freight actually paid to another carrier. This does not exclude the possibility of charging the Contractor in accordance with point 17 (the so-called guarantee clause).
22. Acceptance of the contract of carriage order without informing the Principal about the need for the driver performing the transport to take a weekly rest, lack of driver’s driving hours in a two-week cycle, and any other break longer than 11 hours required by the AETR, which may or will affect the delay in the performance of the contract of carriage authorizes the Principal to cancel the order, and the Contractor obliges the Contractor to pay the Principal the amount in the amount of freight for failure to perform the order in accordance with point 17 (the so-called guarantee clause), or if the Principal does not use the right to cancel the order, obliges the Contractor to pay the Principal the amount in the amount of freight and to cover any damages resulting from this.
23. The Contractor or the Contractor’s driver is obliged to immediately contact the Principal in the event of the impossibility of meeting the loading or unloading date. Failure to comply with the above obliges the Contractor to pay the Principal the amount in the amount of freight and to cover any damages resulting from this.
24. Time free from additional fees for the Contractor in the country: for loading – 24h, for unloading – 24h; in the EU for loading – 48h, for unloading – 48h.
25. Stopover costs will be considered only on the basis of a stoppage card described and signed by the shipper/ unloader . Saturdays, Sundays and non-working days (including local holidays) are not included in the parking time. The parking fee is charged from the date of filing the claim. The maximum parking fee cannot exceed EUR 100 per day. Stopover costs will not be taken into account in the case of a stoppage related to e.g. customs control, as well as for any other reason attributable to the Contractor/driver.
26. For a delay in providing the car for loading/unloading, the Principal reserves the right to charge the Contractor the amount of EUR 300 for each commenced 24h. For a delay in providing the car for loading/unloading on the basis of an order marked with the FIX date, the Contractor will be charged by the Principal with the amount of freight.
27. Changing the registration numbers of the vehicle after accepting the order or providing a vehicle for loading or unloading with registration numbers other than those indicated by the Principal for notification authorizes the Principal to charge the Contractor a penalty of EUR 200.
28. The Contractor is obliged to adapt the means of transport appropriate to the transported goods and having valid technical tests. The loading surface must be clean, tight, free from foreign odors and adapted to the type and quantity of the transported goods. The vehicle must have the necessary amount of technical means to properly secure the load. In the case of shipments that require controlled transport temperature ( i.e. perishable property, frozen property), the Contractor is obliged to perform the transportation with a vehicle with valid ATP certificates and an efficient thermograph – in accordance with the Regulation of the European Union Commission No. 37/2005 of 12.01.2005. and current regulations.
29. The driver supervises the loading and is responsible for the proper arrangement and securing of the load.
30. When accepting the goods for transport, the Contractor is obliged to check the compliance of the actual state of the shipment with the received transport order or other documentation regarding the shipment received from the principal and to check the state of preparation of the shipment for the transport process and its appropriate packaging, protection and preparation for transport, as well as check the data from the CMR bill of lading, bill of lading or other transport document regarding the quantity or weight of the goods, their characteristics and numbers. In the event of irregularities, the Contractor should stop loading and contact the Principal. The Contractor is obliged to submit its comments to the CMR waybill, bill of lading or other transport document together with the justification and obtain an entry from the shipper in box 18 of the CMR. If the Contractor is unable to check the data from the waybill and has reservations as to the condition of the accepted shipment, he should enter them with justification in the CMR waybill, waybill or other transport document. Before leaving the place of loading to the Contractor, the Contractor is obliged to inform the Principal about all circumstances. Failure to do so obliges the Contractor to cover any damages resulting therefrom.
31. There is an absolute ban on loading and reloading without the consent of the Principal. Failure to comply with the prohibition will result in the Contractor being solely liable for the damage caused in connection with the above and entitles the Principal to charge the Contractor with the amount of freight.
32. In the event of total or partial loss of the goods or their damage, which occurs between the receipt of the goods and their release, and delay in delivery, the Contractor undertakes to cover the damage and all costs arising from this.
33. In the event of the occurrence of the events referred to in point 32, the Contractor is obliged to immediately notify the Principal and to prepare and deliver an appropriate report signed by the sender or recipient and the Contractor (Carrier). Any loss or damage to goods must be recorded in the bill of lading/CMR. Lack of a damage report or annotation shall be charged to the Contractor in full and authorizes the Principal to charge the Contractor with the amount of freight.
34. In the event of damage, the Contractor is obliged to use the means available to him in order to save the goods and prevent damage or reduce its size.
35. The Contractor is obliged to immediately notify the police if there is a reasonable suspicion that the damage is the result of a crime or if the damage was caused by a road accident.
36. In the event of damage, the Contractor is obliged to report it to the insurer. The Contractor is obliged to cooperate with the insurer and to provide the necessary explanations and documents within the time limit set by the Insurer. Failure to cooperate with the Insurer entitles the Principal to charge the Contractor with the amount of freight and authorizes the Principal to withhold payment for the service provided until the explanations and documents requested by the Insurer are provided to the Insurer.
37. If the events referred to in point 32 occur and the damage is reported to the Principal’s insurer or compensation is paid to a person authorized by the Principal’s insurer, the Contractor undertakes to pay the Principal the amount corresponding to the increase in the value of the insurance premium in the next year of the Principal’s insurance related to pending or completed loss adjustment referred to in this point.
38. In the event of the occurrence of the events referred to in point 32, payment is made by bank transfer within 120 days from the date of receipt of a VAT invoice correctly issued by the Contractor and original documents referred to in point 1, whereby the Contractor agrees to deduct from the him from the Principal the amount equivalent to the compensation. 3
39. The Contractor is liable up to the amount of damage suffered in the event of smuggling.
40. Complaints related to non-performance or improper performance of transport services will be reported to the seat of the Contractor. The Contractor undertakes to respond to the complaint within 30 days of its receipt. No response within the prescribed period is tantamount to the Contractor’s acceptance of the claim submitted in the complaint.
41. The Contractor undertakes to exercise due diligence in releasing the shipment to an authorized person, including in releasing the shipment to a subcontractor, i.e. delivering the shipment to the place/address indicated by the sender, handing over the shipment to an adult staying in the place indicated by the sender and receiving a receipt for the shipment bearing company seal or a legible signature of the person receiving the shipment – the recipient. The Contractor undertakes not to issue the shipment to an unauthorized person, i.e. to issue the shipment to a person who was not the recipient, sender or subcontractor indicated in the transport or forwarding documents.
42. The Contractor (the Contractor’s driver) is obliged to exercise due diligence in protecting the transported cargo and to properly secure it during transport and parking, i.e. when the consignment is in its custody. The Contractor (the Contractor’s driver) is obliged to secure the vehicle for the time of parking with special care. When leaving the means of transport, the driver is obliged to meet all of the following conditions: 1) take with him the documents concerning the means of transport and the consignment, if leaving these documents in the means of transport may cause damage, 2) lock the means of transport with a key to open/ close the means of transport or start the engine and take the key with you, 3) activate the device securing the means of transport against theft.
43. The Contractor (the Contractor’s driver) is obliged to park the means of transport in guarded car parks, which is understood as a separate area, permanently fenced, supervised 24 hours a day, illuminated at night, equipped with devices blocking entry and exit, which prevent the entry and exit of the vehicle without permission car park supervisor.
44. Outside the guarded car park, the parking of the means of transport with the consignment is possible only in the car park: 1/ located in the vicinity of a petrol station, hotel, motel, bar, restaurant, 2/ located directly on a national road, motorway or expressway, 3/ located at the customs/border terminal, 4/ indicated by the police or other authorized public services, as well as at: 1/ the place of loading or delivery, 2/ located directly at the place of loading or delivery of the shipment, if the stoppage results from the inability to deliver the shipment to the recipient the result of reaching the place of unloading outside the working hours of the recipient, 3/ or the transport base of the Principal or Contractor, provided that this place is separated, permanently fenced, supervised 24 hours a day, illuminated at night, equipped with devices blocking entry and exit that prevent entry and exit and departure of the vehicle without the consent of the supervising person, 4/ failure of the means of transport which makes it impossible to continue the transport, 5/ a road accident in which the means of transport suffered, 6 / the Contractor’s driver providing assistance to victims of a road accident, 7/ a sudden illness of the driver requiring immediate medical intervention, 8 / rapid deterioration of the weather conditions, which makes it impossible to perform the transport, provided that the stoppage results from: 1/ refueling fuel, other operating fluids or the driver performing activities necessary to perform the transport, including activities related to maintaining personal hygiene – where the stoppage of the means of transport related to these activities may last no longer than 60 minutes, 2/ completing formalities related to traveling on a toll road, e.g. purchasing vignettes, 3/ legal regulations (driver’s working time, waiting for customs, border, ferry, ordinance of public administration), 4/ waiting for loading or unloading, 5/ failure of the means of transport preventing the continuation of the transport or a road accident suffered by the means of transport or the Contractor’s Driver providing assistance to victims of a road accident or sudden illness of the driver, requiring immediate medical intervention or rapid deterioration weather conditions, making it impossible to carry out the transport.
45. The legal protection of the client applies. The data contained in the order and obtained by the Contractor during the execution of the order are confidential and may not be used or disseminated. The use or dissemination of data (including the transfer of data to a third party) obtained in connection with the execution of the order will result in charging a contractual penalty of EUR 20,000 for each event.
46. During the execution of the order and within 3 years from its completion, the Contractor shall not provide transport services to the Principal’s client, on his behalf or on his behalf, as well as to other entities included in the transport order (obligation of neutrality). In the event of a breach of the above of the prohibition, the Contractor shall pay the principal a contractual penalty in the amount of EUR 20,000 for each violation. The obligation of neutrality binds the Contractor regardless of the entity ordering the transport. The Contractor is obliged to notify the Principal of receiving the order and perform the service through him. The Principal may release the Contractor from the obligation described in the preceding sentence with the payment of remuneration in the amount of 10% of the freight for a given transport performed in violation of the obligation of neutrality, but not less than PLN 500.00. In this case, the Contractor is obliged to prove the amount of freight with appropriate accounting documents.
47. If the Contractor does not comply with the Principal’s instructions as to keeping the actual place of loading secret from the recipient (so-called neutralization) and presents the recipient with documents in which the above-mentioned data will be disclosed, the Principal shall be entitled to charge the Contractor with the amount of twice freight.
48. The Principal reserves the right to demand compensation exceeding the value of reserved penalties.
49. The Principal will charge the Contractor with penalties resulting from these conditions by issuing a debit note which will be delivered to the Contractor. No response to the received note within 14 days is tantamount to its recognition and entitles the Principal to deduct the resulting amount from the freight charge.
50. By penalties and guarantee deposits in relation to freight, the parties understand penalties in relation to net freight + VAT.
51. The Principal has the right to cancel the order one day before the planned date of loading, without any fees and financial consequences.
52. The basis for charging the Ordering Party with any costs and fees may only be a legally binding decision of the Court or a settlement concluded before the Court.
53. In disputes, the court competent to settle disputes is the court competent for the seat of the Principal.
54. All elements of the order and the general conditions of the contract of carriage are considered by the parties as significant. Orders and general terms and conditions of the contract of carriage may only be accepted without reservations. The contract is concluded solely with the use of these general conditions of the contract of carriage.
55. The invalidity of one of the provisions of the contract does not invalidate the entire contract.
56. The Principal and the Contractor jointly declare that the content of the order signed and sent by the parties by fax or e-mail is considered equal to the original.
57. The Contractor may not, without the consent of the Principal expressed in writing, transfer all or part of its rights under this order to a third party.
58. The Contractor declares that it is fully aware of the provisions of the MiLoG Act and undertakes to take all necessary steps to ensure compliance with the provisions of the MiLoG Act and to fully comply with them. The Contractor represents and warrants that all its employees receive remuneration in accordance with the provisions of the MiLoG at all times . The Contractor undertakes to indemnify the Principal and assume its liability, upon first request, in connection with all claims, penalties or fines by third parties, including public authorities, resulting from the Contractor’s or its subcontractors’ failure to comply with the MiLoG . The above obligation of the Contractor applies in particular to claims against the Principal or penalties or fines imposed on him under the relevant provision of the MiLoG Act, in connection with § 14 of the AEntG Act , as well as overdue social security contributions and resulting fines and procedural costs regarding instituted in connection with the aforementioned proceedings for the imposition of penalties or fines. The Contractor hereby confirms that the Principal is entitled to offset against the Contractor’s receivables any claims, penalties or fines imposed on the Principal due to the Contractor’s violation of the provisions of the MiLoG Act and the AEntG Act .
59. The Contractor provides the Principal with the personal data of its staff to the extent necessary to fulfill the notification obligation and to ensure the safety of the transported goods.
60. The Principal informs that he will process the Contractor’s personal data as well as the data of other natural persons provided to him by the Contractor in the manner and on the terms set out on the website.
61. The Contractor undertakes to inform its staff, including drivers, about the processing of their personal data by the Principal in the manner and on the terms set out on the website.
62. The parties declare that their staff has been informed about the possibility of transferring personal data in connection with the performance of the contract and has undergone training in the field of personal data protection.