GENERAL CONDITIONS OF PROVIDING CARRIAGE SERVICES BY NORD LOGISTIC Sp. z o.o. (hereinafter referred to as GCPCS)

Transcription

1 GENERAL CONDITIONS OF PROVIDING CARRIAGE SERVICES BY NORD LOGISTIC Sp. z o.o. (hereinafter referred to as GCPCS) These GENERAL CONDITIONS OF PROVIDING CARRIAGE SERVICES by NORD LOGISTIC Sp. z o.o. with main registered office in Gdynia at ul. Hutnicza 3, registered in the register of entrepreneurs of the National Court Register managed by District Court Gdansk North in Gdansk, 8th Commercial Division of the National Court Registered, under KRS number , REGON no.: , NIP no.: , stipulate the legal and formal relations with the Principal, and apply to all Services provided by companies for the Principal, unless the applicable law provides otherwise, or the parties provide otherwise in a contract. 1. Definitions Shipping document - a document or set of documents constituting a proof of acceptance of cargo for shipment, also informing on the course and provision of service. Business day - a day falling in the period from Monday to Friday, excluding days that are statutory bank holidays, falling in that period within the territory in which the carriage service is performed. GCPCS - General Conditions of Providing Carriage Services by Nord Logistic Sp. z o.o.; Force Majeure - external, sudden and overwhelming events or circumstances lying beyond the control of Nord Logistic Sp. z o. o. or the Principal, which were impossible to prevent or foresee on the date of concluding the carriage contract. Goods subject to monitoring - goods whose carriage is subject to a road monitoring system as defined in the Act of March 9, 2017 on the System for Monitoring Goods Carried by Road. Dual-use goods - goods, including software and technology, which may be used both for civil as well as military purposes; this term also includes any goods with non-explosive applications, as well as ones that may be in any way used for supporting the production of nuclear weapon or other devices used for nuclear explosion (A schedule of dual-use goods is defined in the Council Regulation (EC) No 1504/2004 of 19 July 2004 amending and updating Regulation (EC) No 1334/2000). Munitions is weapons, ammunition, explosives, goods, their components and technologies, as defined in a schedule issued based on the regulation of Minister of Economy. (The schedule of munitions is defined in the Regulation of Minister of Economy and Labor dated on the schedule of munitions (Journal of Laws no. 221, item 2248)). Excluded goods - goods that are not carried by the Carrier. Additional service - an additional service, complementary towards the carriage service, or which amends the terms of providing carriage services, e.g. goods value declaration - art. 24 of CMR Convention, special interest in delivery - art. 26 of CMR Convention, CARGO insurance, commission for carrying returnable packages, transport in controlled temperature, loading actions, if entrusted, et al. Carriage contract - a contract for the performance of carriage service, concluded between the Carrier and Principal. Terms of carriage service - the type and parameters of shipment (including gross weight and dimensions), information whether the shipment contains goods subject to monitoring, fresh goods or excise goods, controlled temperature requirements, time and place of posting the shipment,

2 destination of the shipment, delivery time, vehicle type, carrier's remuneration, instructions concerning customs clearance of the shipment, additional services, as well as any other material terms of providing the carriage service in compliance with Law. Principal - an entity signing the carriage contract. 2. General provisions: 2.1. NORD LOGISTIC Sp. z o.o. provides carriage services based on GCPCS and applicable law, especially including: - Carriage Law - domestic transport, - CMR Convention - international carriage, and respective provisions of Civil Code and other applicable legal standards NORD LOGISTIC Sp. z o.o. does not provide carriage services for excluded goods, i.e. 1) class I and VII of dangerous goods as defined by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) signed in Geneva on September 30, (Journal of Laws of 2011, no. 110, item 641) 2) dangerous goods, as per the provisions of DGR, IMDG, 3) weaponry, ammunition, explosives, dual-use goods, 4) works of art, philatelic and numismatic collections, 5) entrusted containers, 6) cash and jewelry, 7) live animals, 8) waste, 9) corpses or cadavers, 10) resettlement property, 11) postal matter, 12) precious metals, 13) carbon black, 14) medical products, as defined in the Act of September 6, 2001 Pharmaceutical Law (Journal of Laws of 2008, no. 45, item 271, as amended), components for producing medical products, drugs and psychotropic and hallucinogenic substances, 15) goods excluded from road carriage based on the Provisions of Law. The above goods may be accepted for transport subject to individual terms. These terms must not in any case be of detriment to the Carrier's legal standing resulting from these GCPCS NORD LOGISTIC Sp. z o.o. undertakes to furnish an appropriate mean of transport for performing the commissioned services, according to applicable law Any correspondence concerning the carriage commissions may be delivered through: , letter and other means, provided that they are confirmed by NORD LOGISTIC Sp. z o.o. upon receipt. page -2-

3 2.5. No Party shall be liable towards the other party on account of non-performance or unduly performance of the contract or agreement, among others in the case of occurrence of force majeure. 3. Principal's Obligations 3.1. Sending a commission to NORD LOGISTIC Sp. z o.o. in the form defined in point 2.4 shall mean that the Customer accepts: all the conditions of the commission, the provisions of these GCPCS, other terms stipulated between NORD LOGISTIC Sp. z o.o., and his obligation to pay the agreed price Prior to concluding the agreement, the Principal is obliged to furnish copies of the following documents: REGON, NIP, excerpt confirming the company's registration (GUS, CEIDG), and for natural persons (including civil partnerships): a copy of document confirming the residential address, a copy of document confirming the PESEL number 3.3. The Principal shall be obliged to provide all the relevant details and information necessary for correct performance of the commission, particularly including: loading (or reloading) method, type of the carried cargo, cargo value (solely for risk assessment purposes), carriage conditions (temperature and humidity, vulnerability to atmospheric conditions), additional services (e.g. goods value declaration - art. 24 of CMR Convention, special interest in delivery - art. 26 of CMR Convention, CARGO insurance, return of packages, return of pallets, advisory services, et al.), instructions for the carriage itself (e.g. convoy). Any additional services shall require individual stipulations and approval of their terms by NORD LOGISTIC Sp. z o.o. Liability for additional services shall be limited to the value of remuneration paid by the Principal for the given service. Additionally, NORD LOGISTIC Sp. z o.o. shall not be liable for any consequential damage or lost benefits of the Principal, damage occurred as a result of unlawful deed, negligence, violation of statutory duty, nonperformance of unduly performance of an agreement or commission, including for lost reputation or goodwill The Principal shall be responsible for properly preparing and issuing the goods for carriage. The shipment should be packaged and secured in a manner enabling the performance of carriage without any damage to the shipment (in consideration of its properties) All the loading actions, including proper placement of the cargo, shall be performed by the Principal at the place indicated in the carriage contract, unless agreed otherwise Unless the contract or a special regulation provide otherwise, the loading shall be performed by the sender or recipient, accordingly Any aid from the driver during loading or unloading of the shipment shall be provided at the risk, liability and cost of the Principal, unless provided otherwise. page -3-

4 3.8. NORD LOGISTIC Sp. z o.o. has full right to control the cargo (quantity, quality, conformity with shipment documentation), with participation of Customs Services (unloading, etc.). NORD LOGISTIC Sp. z o.o. is not liable for any delays occurred as a result of such control When transporting dangerous goods under the ADR European Agreement, The Principal shall be obliged to fulfil all the conditions stipulated therein, and inform NORD LOGISTIC Sp. z o.o. on this fact. In the case of lack of such information, the Principal declares that the goods are not dangerous goods When carrying dual-use goods, the Principal is obliged to hold any statutory permits, and to notify NORD LOGISTIC Sp. z o.o. on this fact. In the case of lack of such information, the Principal declares that the goods are not dual-use goods The Principal is obliged to verify the legality of import/export of goods being the subject of carriage contracts (including monitoring the goods covered by embargo and other goods subject to control under applicable law) In the case of reasonable doubts as to the Principal's performance of liabilities with due diligence, NORD LOGISTIC Sp. z o.o. shall have the right to refuse performing the carriage service The Principal's failure to satisfy any of the provisions of the General Terms of Providing Carriage Services shall effect in the transferring onto the Principal of any claims (inter alia: export control costs, fees, fines, penalties and legal costs incurred during the performance) borne by NORD LOGISTIC Sp. z o.o. 4. Obligations of NORD LOGISTIC Sp. z o.o NORD LOGISTIC Sp. z o.o. shall perform the carriage service, including with the use of subcontractors, in accordance with the provisions of commission terms and GCPCS The liability of NORD LOGISTIC Sp. z o.o. shall commence upon the completing of loading by the Principal. The accepting of shipment for carriage is confirmed in a shipping document NORD LOGISTIC Sp. z o.o. holds a license for performing domestic road carriage of goods no valid through NORD LOGISTIC Sp. z o.o. holds a Carrier's Civil Liability Insurance (also covering contracted carriage) covering its liability defined in applicable law. 5. Payment 5.1. The Principal undertakes to pay for the performed carriage service the remuneration specified in the commission. In the case of absence of such regulation, average market prices shall apply. The amount payable for providing the carriage service, as specified in the invoice, shall be paid by the Principal within 14 days from the date of issuing the invoice by NORD LOGISTIC Sp. z o.o The Price does not include VAT, customs fees and other taxes concerning the goods. The above mentioned costs and taxes shall be borne by the Principal exclusively. Any occurrence of transport damage, the Principal's raising of a complaint or reservations as to the performed service or condition of the goods, as well as the raising by the Principal of any payment claims against NORD LOGISTIC Sp. z o.o. shall not entitle the Principal to withhold payment or to make any deductions Any fiscal and customs fees paid by NORD LOGISTIC Sp. z o.o. on behalf of the Principal shall page -4-

5 be returned to him by the Principal in the (net or gross) amount resulting from applicable law and tax rates In order to secure any claims resulting from the carriage contracts as well as from any other contracts concluded between the Parties, including claims for remuneration and return of costs and expenses borne in relation to performing the carriage service, NORD LOGISTIC Sp. z o.o. shall be entitled to a pledge on the shipment as long as the shipment is in his disposal or in the disposal of a person that holds it on his behalf, or as long as NORD LOGISTIC Sp. z o.o. can dispose of it based on relevant documents Additional payments may be added to the service price, including, among others: administration fee, payment for the return of waybill, payment monitoring fee Vehicle standstill in domestic carriage, due to the Principal's fault: PLN per each started hour above 3 hours (free time during loading/unloading 3 hours), but max. PLN per each day of standstill above 24 hours Vehicle standstill in international carriage, due to the Principal's fault: EUR per each started hour above 3 hours (free time during loading/unloading 3 hours), but max. EUR per each day of standstill above 24 hours NORD LOGISTIC Sp. z o.o. reserves the right to verify the accuracy of data contained in the carriage commission against factual circumstances. In the case of any discrepancies, NORD LOGISTIC Sp. z o.o. shall have the right to unilaterally adjust the service price based on factual circumstances In justified cases resulting from external factors, including: fuel prices, paid crossings through specific road sections, fees imposed on carriers, the prices stipulated for the given carriage service shall be automatically increased. NORD LOGISTIC Sp. z o.o. reserves the right to increase the prices for services in the case of occurrence of factors lying beyond his control Any carriage service prices expressed in foreign currency shall be settled in PLN at average exchange rate applicable during loading, as announced by the National Bank Of Poland in the preceding business day, unless the parties have agreed otherwise In the case of preceding termination of a commission or contract for any reason, any invoices previously issued by NORD LOGISTIC Sp. z o.o. shall become automatically payable on the date in which the withdrawal notice was submitted NORD LOGISTIC Sp. z o.o. reserves the right to monitor (including by an external debt collection company) the situation and payments of Principal for NORD LOGISTIC Sp. z o.o The Principal has the right to withdraw from the commission within 48 (forty eight) hours before the time of commencing the performance. Should the Client cancel the commission after the lapsing of 48 (forty eight) hours before the commission commencement date, NORD LOGISTIC Sp. z o.o. shall be entitled to impose on the Principal a penalty equivalent to 75% (seventy five percent) of the value of the agreed price for the canceled services, and shall return to NORD LOGISTIC Sp. z o.o. the already borne costs, regardless of the time of cancelling the commission. 6. Final provisions 6.1. Any changes to these GCPCS shall require written form under pain of nullity The applicable provisions of Polish law shall apply to any matters not stipulated herein page -5-

6 (Carriage Law, CMR Convention, Civil Code) The Court of appropriate jurisdiction for resolving any disputes resulting from the performance of the carriage contract shall be court of law of jurisdiction for NORD LOGISTIC Sp. z o.o. main registered office The Principal represents to have acquainted himself with the GCPCS prior to commissioning the service to NORD LOGISTIC Sp. z o.o. page -6-