Terms of transport
General terms of transport order
I. General provisions
1. General Terms of Transport Order specify principles of freight transport agreements under which Akrostal sp. z o.o., with its head office in Poznań, operates as a transport ordering party and is hereinafter referred to as the Ordering Party.
2. General Terms of Transport Order, hereinafter called GTTO, are an integral part of all transport agreements concluded with the Ordering Party and specify mutual relations between the Ordering Party and the Carrier. Any deviations from the General Terms of Transport Order shall require a written consent, otherwise shall be considered invalid.
3. General Terms of Transport Order are available on the Ordering Party’s website: www.akrostal.pl (for information purposes and to be accepted by the Carrier) in a downloadable and playable form by the Carrier or shall be delivered by the Ordering Party before the conclusion of the agreement. Should the Carrier be in permanent economic relations with the Ordering Party, a one-time acknowledgment of GTTO provisions by the Carrier shall mean they are accepted and renders them binding in all transport agreements concluded between Parties, until GTTO provisions are modified or until they are repealed with regard to this agreement.
4. Should the Carrier also use the agreement forms which contain general terms of transport order, the agreement signed by the Parties shall not include form provisions which are expressly contradictory.
II. Order fulfillment
1. The Transport Order placed by Akrostal sp. z o.o. (hereinafter called the Order) can be fulfilled solely by the Contractor who:
a) is a licensed Carrier,
b) has a valid and paid-up Carrier Liability Insurance, with a guaranteed amount not exceeding PLN 200. 000, which includes clauses providing insurer’s protection against damage arising from theft or robbery and does not include territory exclusions with regard to Order fulfillment venue.
2. The freight price includes all costs arising from transport service.
3. The Carrier shall receive remuneration for the completed service within 30 days from the order fulfillment date if: the Carrier provided the Ordering Party with a properly issued VAT invoice along with accepted by the recipient documents which certify the goods delivery (e.g. CI, WB, CMR, customs documents, if any). The Carrier shall be obligated to send the Ordering Party the documents specified above within 10 days from the date of goods unloading by the recipient. In the case of the transport with numerous points of unloading, this period shall be extended to 20 days. Should a delay in subject of the agreement occur, the Ordering Party shall be entitled to calculate a contractual penalty in the amount of 30% of the freight value. In the case of a delay in delivering the aforesaid documents by the deadline specified above, exceeding 30 days, the Ordering Party shall be entitled to calculate the contractual penalty in the amount of 100% of the freight. In any case, the date of payment for the freight shall be calculated from the date of delivery of a properly issued VAT invoice.
4. Carrier’s assignments of receivables based on the agreement concluded by the Parties of transport agreement shall require a written approval of the Ordering Party.
5. If amounts due resulting from the Carrier’s VAT invoices are expressed in foreign currencies, the Ordering Party shall have a right to pay in Polish currency on the basis of an average exchange rate of the National Bank of Poland (Table A) as defined on the day of freight loading.
6. The Carrier undertakes to provide and maintain the regular contact with the driver performing the Order. The Carrier shall be obligated to provide the Ordering Party with the order completion status, including location of the transported goods, within 1 hour from the moment when the Ordering Party has requested for information about the freight.
7. It is the Carrier’s obligation to provide a fully operational, clean and disinfected vehicle (intended for loading) equipped with all documents required to perform this type of transport.
8. The Ordering Party shall not be held responsible for handing over the goods to an unauthorized person or company if the goods were handed over to a person/company specified by the Carrier in the notice provided to the Ordering Party as part of the concluded transport agreement.
9. The Carrier shall be obliged to check the conformity of the amount and weight of the provided goods to the documents. If it is not possible to check the amount or quality of the loaded goods, the Carrier’s driver shall be obligated to prepare a relevant entry in the Waybill or other relevant document.
10. If the Carrier fails to provide the vehicle on time, the Ordering Party shall be entitled to calculate the contractual penalty in the amount of 200% of the freight. The Ordering Party shall be entitled to calculate the contractual penalty also if a faulty vehicle has been provided, if a change of means of transport has not been agreed by the Parties, if a Party has been misinformed about the location of the transport vehicle, if there are no documents or technical means necessary to fulfill the Order or if instructions attached to the Order have not been followed. The subject penalty shall not be calculated if the Ordering Party agrees to change the date of vehicle provision.
11. Payment of the contractual penalty, as specified in the act 3, 10 and 16, shall not deprive the Ordering Party of a right to claim damages for unsuitable fulfillment of the agreement on general terms.
12. If during the Order fulfillment any obstacles arise and make it impossible to perform the order properly, the Carrier shall be obligated to contact the Ordering Party at short notice.
13. The Ordering Party shall not be held responsible for uncontrolled stoppages of the Carrier’s vehicle. The Ordering Party reserves a right to load and unload goods, and to customs clearance up to 24 hours from the date and hour defined in the Order. The Carrier shall not increase the freight amount.
14. Any modifications in the accepted Order shall require a written form, otherwise they shall be deemed invalid. Any added loads or handlings by means of the vehicle used to transport goods specified in the Order shall require a written consent of Ordering Party. The Carrier must not leave the goods in places different than the unloading point.
15. Starting from the Carrier’s reception of the ordered goods until the unloading operation at the recipient’s, the Carrier shall be responsible for any losses of the transported goods, in particular damage or theft. The driver shall be responsible for securing and arranging the freight. The driver shall be obliged to use the attended car parks.
16. Any written complaints related to agreement performance shall be considered by the Parties within 30 days from the date of their reception. No written reply to the complaint within the aforementioned period shall mean that the complaint has been accepted. The Party that failed to meet the deadline shall be obligated to pay the contractual penalty in the amount equal to the freight value to the benefit of the person who lodged a complaint.
17. Any data included in the order, as well as obtained by the Carrier during the order fulfillment shall be considered confidential and shall not be used and disclosed for the Carrier’s own purposes. We reserve a right to withhold the payment for this order and impose a contractual penalty in the amount of PLN 100 000 on the Carrier if this condition has not been met.
18. To all matters not settled in the General Terms of Transport Order applicable rules of Polish law shall apply, in particular the act on the transport law and CMR convention.
19. Any disputes arising from the agreements concluded with the Ordering Party shall be considered in the court having its jurisdiction over the Ordering Party’s head office.