Epo-Trans Order Conditions

General Conditions of the Transport Order

  1. These General Terms and Conditions of the Order (hereinafter the GTC) together with the Transport Order for the Carrier (hereinafter the Order) set out the terms and conditions of the provision by the Contractor to the Principal: Epo-Trans Logistic SA with its registered office in Tychy, 43-100, ul. Graniczna 5, KRS number: 243214, NIP: 646-26-99-090, road haulage services in domestic and international transport.
  2. The order may be submitted in writing, via electronic mail (also by a statement in the content of the email itself) or by sending on a transport exchange messenger. Within 30 minutes of receiving the order, the Contractor may raise objections to its content or the content of the GTC. No objection within this period means acceptance of the order without comments.
  3. By accepting the Order, the Contractor confirms that he has read and accepted the content of these General Terms and Conditions of the Order in full and without any reservations. These GTC will also apply to subsequent orders, unless the Principal attaches other GTC to them. Any contract templates used by the Contractor shall not apply to the contracting parties, irrespective of their provisions, or the fact of their transfer or delivery to the Principal.
  4. The Principal is entitled to withdraw from the Contract (cancel the Order) within 2 days of the day of the order, in no case not later than 12 hours before the indicated date of loading, without giving any reason, without the possibility of the Contractor making any claims.
  5. The Contractor should confirm the acceptance of the order issued less than 12 hours before the indicated loading date, in the absence of such confirmation, the Principal may, until loading, cancel the order without giving a reason, without the Contractor being able to make any claims.
  6. The Contractor’s resignation from the execution of the order is possible only with the consent of the Principal, and if the resignation of the order occurs later than 24 hours before the planned loading, resignation is possible only with simultaneous provision of substitute transport on the same conditions or against payment for the benefit of the Principal the amount of the difference between the value of the freight specified on the order and the value of the freight that the Principal will have to pay to the substitute carrier.
  7. The Signer / Referring Order represents and warrants that he is entitled to conclude the contract under the conditions set out in the Order and the GTC and assumes responsibility for damages resulting from possible lack of appropriate authorization from the Contractor. The Principal is not obliged to verify that the person accepting the order has the authorization to conclude the Contract.
  8. The Contractor is required to have current liability, AC and NW insurance for the vehicle which he will carry out and the carrier’s liability insurance policy (respectively, depending on the route of the order – in domestic and international traffic, so-called OCP) with an insurance sum not lower than 300,000 Euro. In the event that the Contractor is insured for a lower amount, he is obliged to immediately inform the Customer within 30 minutes after receiving the order, and the order shall be deemed to have been placed only if the Customer, after receiving this information, confirms it. Notwithstanding the foregoing, in each case the Contractor is obliged to insure the goods up to their full gross value, if this is provided.
  9. The Contractor is required to have the licenses and permits necessary to perform the Order, including international transport.
  10. The Contractor represents and ensures that the means of transport provided for loading meet the requirements and standards provided for by the regulations of the countries in which the Contractor will carry out the Order, and are in good technical condition and have all functional equipment and materials, in particular mats, corners , belts, required for proper execution of the Order. In addition, the Contractor ensures that the means of transport used to perform the Order will be appropriate to the properties and type of goods to be transported, clean, dry, with a free load box, and that there will be no smells in the chamber that may affect the transported goods.
  11. The Contractor undertakes to comply with the provisions in force in the territory of the countries where the Contractor will be carried out.
  12. The Contractor is obliged to execute the Order in person. The Contractor may subcontract the execution of the Order to a third party only after obtaining the express, prior written consent of the Principal. Otherwise, the Customer reserves the right to charge a contractual penalty of double the gross freight value. The Contractor bears full responsibility for the actions and omissions of third parties on the plant risk.
  13. The Contractor is not entitled to tranship or reload without the prior written consent of the Principal. In the event of breach of this prohibition, the Customer reserves the right to charge a contractual penalty of EUR 5,000.
  14. The Contractor is obliged to provide the Principal with permanent telephone contact with the driver performing the transport.
  15. The Contractor is obliged to inform the Principal about the occurrence of any obstacles and circumstances affecting the timeliness and quality of the order, such as problems during loading, unloading, not loading at the indicated time, and others within 15 minutes of the occurrence of these obstacles. In the absence of information, the Principal reserves the right to charge a contractual penalty of EUR 100 for each accident, and this does not exclude liability for improper performance of the contract (delays, damages, etc.).
  16. In the event of the Contractor’s delay in substituting the vehicle at the place of loading or unloading, the Principal reserves the right to charge a contractual penalty of EUR 150 for each hour of delay started.
  17. The Contractor is obliged to check the compliance of the goods and documentation at the place of loading with the content of the transport order, waybill including preparation of goods for transport (including its packaging and marking), quantity, quality and weight of goods; counting goods and to supervise loading and unloading activities. In the event of any inconsistencies, the Contractor is required to make an appropriate statement and record these circumstances on the waybill. The Contractor is obliged to immediately notify the Principal of any non-compliance.
  18. The Contractor is responsible for the correct placement and protection of the goods in the vehicle. In the event of disagreement in this respect with the sender of the goods, the Contractor is obliged to make an appropriate statement and immediately, at the time of loading, before leaving the place of loading, inform the Customer about the situation and wait for instructions and confirmation of the possibility of continuing transport. In the event of failure to comply with the above activities The Contractor bears full responsibility for any irregularities related to the correct placement and protection of the goods.
  19. In the event of any obstacles with the delivery of goods, the Contractor is obliged to immediately, before leaving the unloading place, inform the Customer about the situation of the Customer and wait for his instructions and – in the event of damage in transport resulting in the Customer’s refusal to accept the goods – to transport the goods to his own cost in the place indicated by the Principal, adequate to the type of damage and transported goods.
  20. The Contractor shall be financially responsible for any damages resulting from untimely or improper performance of the service. The customer reserves the right to claim compensation exceeding 100% of freight.
  21. The Contractor is liable for any damage, loss or loss of goods during transport. In the event of any damage to the goods, both before loading, during loading and transport, as well as during unloading, the Contractor is obliged to draw up a note regarding the condition of the goods and the circumstances of the damage. The note should be signed by the Contractor and the sender or recipient of the goods, as appropriate.
  22. The Contractor is not entitled to additional remuneration for stopping at the place of loading and unloading up to 18 hours calculated from the dates provided for in the Order (in the case of hourly notification – indications in the Order or as a result of subsequent arrangements of the parties – the exact time of loading / – from the time provided for loading) or unloading). In the event of a longer stoppage, the Contractor is entitled to additional remuneration, however not higher than 25 euros for each full hour over the first 18 hours, in total not more than 200 EURO. The Contractor is required to document the parking and its duration during loading and unloading operations with the parking card confirmed (as appropriate) by the sender or recipient. Lack of a stop card will result in the Contractor’s ineligibility for the additional remuneration indicated above.
  23. The Contractor is not entitled to additional remuneration for parking in the event that he did not provide the vehicle for loading within the time limit specified in the order, or if the substituted vehicle did not comply with the terms of the contract, did not have the required equipment, etc.
  24. The Customer shall not be liable for stops at national borders, Customs Offices and on days of restricted movement of trucks or other circumstances arising from legal provisions, emergency states (such as armed conflicts, riots etc.), natural disasters and other conditions weather or weather conditions preventing goods from being transported. The Contractor is not entitled to additional remuneration for parking on public holidays (including public holidays) falling on the duration of the Order, in force in countries where the order is being performed or celebrated in Poland at that time.
  25. It is forbidden to leave the vehicle outside guarded parking lots, and in the event of breaking this prohibition, the Customer reserves the right to charge a contractual penalty of EUR 250.
  26. Unless the parties so agree, the Contractor is obliged to exchange returnable Euro pallets at the place of loading and at the place of unloading in a 1: 1 ratio and to obtain from the sender and recipient a correctly filled and signed pallet ticket. The Contractor may not collect the pallets only if an entry is made on the pallet receipt: “The pallets were not issued due to the lack of pallets for exchange.” If these requirements are not met, the Customer reserves the right to charge a contractual penalty of EUR 20 for each pallet not listed.
  27. The Contractor is obliged to collect and provide the Principal in the original complete documentation necessary to perform the order required by applicable law, including the Convention or Pr. Wire. The Contractor is obliged to send the documents referred to in point 29 to the Customer by scan via e-mail within 72 hours from the day of unloading. Notwithstanding the foregoing, the Contractor shall, at each request of the Principal, provide copies of all documents he possesses related to the execution of the Order, no later than within 3 days of receiving the request. If these requirements are not met, the Customer reserves the right to charge a contractual penalty of EUR 100 for each accident.
  28. After the correct execution of the Order, which is understood as the performance of the transport service and delivery of all the required documents referred to in point 29, including a set of two original CMR documents, the Contractor is obliged to immediately, in accordance with the provisions of issuing a VAT invoice to the Principal. A correctly issued VAT invoice should contain in particular: order number, vehicle registration number, enter the date of unloading as the date of sale. The invoice should be issued and payable in EUR, the amount of VAT shown on the invoice payable in PLN – the VAT conversion should be made according to the average exchange rate of the National Bank of Poland published on the last business day preceding the date of unloading (VAT Act, Article 31A, paragraph 1). The invoice should include the bank account number in PLN, EUR and SWIFT.
  29. The Contractor is obliged to provide the Principal with a VAT invoice for each transport order separately with correctly and legibly completed original documents received at the place of loading and unloading, in particular: two pieces of the original waybill or, in the case of international transport, CMR documents with stamps and legible dates of loading and unloading, WZ documents, pallet receipt, stop card, printout from a thermograph, and other documents received or required by law or the Contract for a given Order – within 14 calendar days of the day of unloading for international transport and 7 days for domestic transport.
  30. The payment deadline is 60 days from the date of receipt of a correctly issued invoice with a set of two original CMR documents. Payments are made once a week, i.e. on Thursday.
  31. If the set of required documents is not delivered within the prescribed period, the Ordering Party will charge a contractual penalty of 20 Euro for each day of delay in delivery of these documents, in the event that the documents are not delivered within 30 days of the day of unloading – may charge a contractual penalty in the amount of the agreed freight.
  32. In the event of a complaint or other reservation, the Customer shall be entitled to keep a deposit in the amount of the agreed gross freight until the end of the complaint procedure.
  33. The remuneration specified in the Order is a lump sum, final and not subject to increase. Contractor’s claims for additional fees and costs incurred will not be considered. The Contractor declares that the remuneration specified in the Order includes all costs related to the performance of the contract in accordance with its content, subject to additional remuneration for parking – on the conditions set out in these GTC.
  34. The Principal is entitled to deduct from the Contractor’s remuneration all amounts due, in particular: contractual penalties, damages, unsettled pallets and others that arose as a result of circumstances for which the Contractor is responsible. The deduction can be made before the payable claims of the Principal and the Contractor (contractual compensation).
  35. The contractor is obliged during cooperation with the Principal and within two years after its termination (i.e. counting from the date of the last transport performed for the Principal by the Contractor), a total prohibition of competition and cooperation with the Principal’s contractors (in particular the sender and recipient mentioned in the Order). The prohibition referred to above includes in particular: the prohibition of sending cooperation offers, conclusion of transport contracts, forwarding contracts and other similar ones. In the event of breach of this prohibition, the Customer reserves the right to charge a contractual penalty of EUR 10,000 for each accident.
  36. The contractual penalties reserved in these GTC are calculated independently and do not exclude the Principal’s right to claim supplementary compensation on general principles up to the amount of damage suffered.
  37. All provisions of the Order being implemented, as well as other information obtained from the Principal in the course of its implementation are trade secrets and cannot be disseminated by the Contractor. If the freight price is disclosed, the Principal has the right to require the Contractor to pay a contractual penalty of EUR 1,000.
  38. The parties agree that the court competent for resolving disputes is the Polish court competent for the seat of the Principal, and the applicable law is Polish law.
  39. In matters not covered, the provisions of transport law, the Convention and other provisions of law shall apply.
  40. The administrator of the Contractor’s personal data is the Principal: Epo-Trans Logistic SA with its registered office in Tychy, 43-100, ul. Graniczna 5, KRS number: 243214, NIP: 646-26-99-090, e-mail address: rodo@epo-trans.com.pl. Pursuant to Article 6 para. 1 lit. b GDPR personal data may be processed in order to:
  41. conclusion and performance of the contract for the provision of road-related services
  42. telephone contact in matters related to the contract
  43. to fulfil the obligations provided for by transport law, transport law and the CMR Convention
  44. issuing an invoice and fulfilling other obligations arising from the provisions of tax law
  45. archival and evidential, for the purposes of considering complaints or securing information that can be used to pursue any claims arising from this order
  46. The data subject has the right to access his personal data, rectify it, delete or limit processing, object to the processing, as well as the right to transfer data. Providing personal data is voluntary, but necessary for the implementation of road transport contained in the above. transport order. Lack of providing data is associated with the cancellation of the abovementioned transport order.
  47. The Principal declares that he has the status of a large entrepreneur within the meaning of Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain types of aid compatible with the internal market in application of Art. 107 and 108 of the Treaty (Journal of Laws EU L. 2014.187.1).

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