Terms of Carriage

Terms of Carriage: 1. By concluding a carriage contract with the Principal, the Carrier agrees to provide services under these GTC. 2. The Carrier declares compliance with all minimum wage regulations, including foreign laws, in particular the German Minimum Wage Act of 11.08.2014, the French Loi Macron, Decree No. 2016-418 (Décret n° 2016-418) of 7 April 2016, and Art. L1262-4 of the French Labour Code, the Austrian LSD-BG, the Norwegian Working Environment Act (Arbeidsmiljolovens) on posting of workers, the Italian Decree No. 136/2016, and the Dutch WAGW EU, and authorizes the Principal to verify the truthfulness of this statement, in particular by requesting relevant information and documents. 3. The Carrier must hold motor insurance (OC, autocasco) and Carrier’s Liability (OCP) with full coverage throughout service provision, with no exclusions for theft/robbery, type of goods, or territorial scope, and an insured sum at least equal to the statutory upper liability limits under Polish Transport Law and/or the CMR Convention. Acceptance confirms valid insurance. 4. Immediately after concluding the contract (no later than the same day), and upon request even before the order, the Carrier shall provide: the carrier’s liability policy/contract; general insurance terms; insurer’s certificate of validity not older than 14 days — failing which the Principal may withdraw without remuneration. 5. By accepting the order, the Carrier confirms experience in analogous transport services. 6. The Carrier must hold the necessary licenses and permits to perform transport, including international, if applicable. 7. Immediately after conclusion (no later than the same day) the Carrier shall provide: business register/KRS extract; NIP; REGON; international transport license; road carrier authorization — otherwise withdrawal without remuneration. 8. For cabotage, the Carrier must comply with Regulation (EC) No 1072/2009 and hold insurance compliant with § 7a(3) GüKG. Acceptance confirms compliance. 9. For cabotage in Germany or France, the Carrier’s liability is limited (except for wilful misconduct/gross negligence): Germany — up to 40 SDR/kg (damage), up to triple freight for delay. France — up to 20 SDR/kg (< 3 t), up to 12 SDR/kg (≥ 3 t), up to the freight amount for delay. 10. The Carrier shall provide a suitable vehicle, clean inside and outside the cargo compartment; otherwise a substitute vehicle at own cost. 11. For temperature-controlled transports, the Carrier shall: use ATP-compliant equipment with a functional reefer and calibrated thermograph; ensure sufficient power; pre-cool and maintain set temperature; not switch off engine where reefer depends on it; connect to external power when required; monitor temperature; on request provide a digital thermograph printout (min. every 30 minutes) and keep it with tachograph media for at least one year. 12. For theft-prone goods (electronics, excise goods, etc.), the vehicle must be equipped with GPS monitored by a monitoring station. 13. By accepting the order, the Carrier confirms possession of suitable vehicles. 14. Immediately after conclusion (no later than the same day), the Carrier must provide documents confirming suitable vehicles and provide vehicle data including registration numbers — otherwise withdrawal without remuneration. 15. By accepting the order, the Carrier confirms drivers with required qualifications. 16. Immediately after conclusion (no later than the same day), the Carrier must provide driver data (name, ID/passport number) — otherwise withdrawal without remuneration. 17. Personal data will be processed by the Principal as Controller in accordance with GDPR: purposes, voluntariness, rights (access, rectification, erasure, restriction, portability, objection), retention, third-party data duties, recipients (IT, accounting, authorities). 18. For delay/non-arrival at loading, a contractual penalty equal to gross freight may be charged; after 2 hours delay the vehicle may be deemed not arrived and the contract terminated without remuneration. 19. For non-arrival at loading a penalty equal to gross freight; for delay at unloading: domestic — 2x gross freight; cabotage — 3x gross freight (unless otherwise stated). For international delay: compensation equals gross freight (unless due to wilful misconduct/gross negligence). 20. If the Principal is charged a penalty by its client, the Carrier must pay it within 3 days of demand, without the need to prove actual loss. 21. Absolute prohibition of reloading/additional loading without prior written consent; the Carrier is responsible for stowage and securing. 22. The Carrier must inform about the cargo location every 12 hours. 23. First 48h waiting at loading and separately 48h at unloading (72h in CIS countries), and weekends/holidays at loading/unloading are free of demurrage. No liability for border/customs/traffic restriction waits. Otherwise: 100 EUR per each started 24h of justified waiting. If the Principal’s fault prevents performance (e.g., no goods), liability is capped at 100 EUR. 24. Waiting must be evidenced by a parking card confirmed by shipper/consignee and reported at the time of occurrence. 25. At loading the driver must collect required documents: CMR, Lieferschein/Delivery note, WZ, invoices, certificates/specs, receipt, T-1/T-2, EX, EUR, etc. 26. The Carrier must verify the CMR against the order; if discrepancies, suspend transport and contact the Principal for instructions. 27. The CMR must include data of the Principal as main carrier and the Carrier/subcontractor as subsequent carriers, vehicle data (registration), driver data (name/ID), and — unless otherwise stated — gross freight due in “carrier’s charges unpaid”. 28. Verify goods vs. documents (quantity, weight, marks, numbers, condition, packaging, readiness). Enter justified reservations on all CMR copies before departure. 29. Verify loading/stowing by shipper and secure cargo; if issues, enter justified reservations on all CMR copies before departure. 30. Equipment: reefers must carry at least 4 load bars; tautliners at least 12 straps. Driver must use PPE (safety shoes, hi-vis). 31. If conformity/condition/packaging/readiness/loading cannot be assessed, refuse to start and contact the Principal. If only piece count cannot be assessed, proceed after noting a reservation confirmed by the shipper. 32. If the shipper prevents making reservations in CMR (pts 28, 29, 31), refuse to start and contact the Principal. 33. Unless otherwise stated, the Carrier must not load/unload or assist (observer role allowed). 34. Use only international/national class roads (1–3 digits), except access roads or unavoidable detours/closures by authorities/force majeure. 35–42. Anti-theft obligations: guarded parking for high-value goods; max 60 minutes unattended elsewhere with exceptions (customs, payments, border points, breakdown, sudden illness, refuelling, legal driving/rest rules). Always lock vehicle, take keys and documents, arm all anti-theft devices. 43. Delivery conditions: delivered to address; adult recipient; legible signature; include ID number for individuals or company stamp for businesses. 44. Euro pallet exchange 1:1 at loading/unloading; obtain signed pallet receipt; penalties for unreturned pallets (20 EUR or 75 PLN each) unless noted as unavailable. 45. For any complications, contact within 25 minutes using the order phone; if unreachable, use other channels (email, website numbers). Actions without consent are at the Carrier’s risk and cost. 46. Ensure constant phone contact with the driver and at least one working communication device. 47. Follow all instructions from the forwarding order/procedures/customs. 48. Within 24 hours after unloading, inform the Principal by fax/email of the actual unloading date with the order number; for multiple destinations provide the last unloading date. 49. Invoice with the order number must include 2 originals of neutral CMR with clear date/signature/stamp and completed boxes 16 and 20, plus 2 copies of all accompanying documents. Issue in the month of unloading and deliver within 14 days; otherwise 1% of freight per day late. 50. In case of accident/theft, notify police and provide the police report. 51. In case of damage, establish a protocol, take photos, send documents and photos with the driver’s statement, driving licence, thermograph record (reefer), vehicle registration and other necessary documents; cooperate actively with the Principal. 52. Payment term: 60 days from delivery of correctly issued invoice with complete documents (unless a shorter term is expressly agreed). 53. For customs procedures, attach confirmation of proper completion (e.g., SAD, EX1, T-1). Missing documents oblige the Carrier to reimburse all related costs. 54. The Carrier must perform personally. Subcontracting only with prior written consent; breach: penalty of 2x gross freight; if cargo damage occurs, penalty equals the claim demanded from the Principal. 55. For damage or delay, the Principal may charge the Carrier from the moment the Principal is called to compensate, even if not yet paid. 56. Confidentiality: do not disclose or use information without prior written consent; breach: 10,000 EUR penalty. 57. Breach of any duty may incur a penalty equal to gross freight per breach unless higher penalties apply. 58. If a complaint is filed for improper performance, freight payment is suspended until resolution. 59. Non-compete: during performance and 3 years after; breach: 100,000 EUR per case. Clients include any shipper/consignee on the CMR or entity known to have ordered transport via the Principal. If not agreed, the freight rate is reduced by 200 EUR for opting out of this clause. 60. Also considered a breach: offers directly to the Principal’s clients or transports for them personally or via related entities. 61. Contractual penalties are independent of damage and do not exclude additional damages. 62. Governing law: Polish law; for international carriage additionally CMR; for cabotage, the law of the country of cabotage regarding performance rules. 63. Jurisdiction: courts competent for the Principal’s registered office. 64. Orders can be accepted only without reservations. No refusal within 30 minutes of sending by fax/email equals acceptance. Refusal must be sent by fax/email to the contact in the order. Any changes/objections are invalid if the Carrier proceeds. 65. Commencing any acts towards performance equals acceptance. 66. The Principal may withdraw without reason no later than 1 hour before the planned loading time by fax/email. 67. The Carrier may not accept under condition or with a term reservation. 68. Any changes require the form in which the contract was concluded.