SHIPPING POLICY OF CARRIER
Shipping Policy of the TRANSMET SLOVAKIA, s. r. o. company means the General Terms and Conditions of Shipments, which form an integral part of any offer of the carrier submitted to the sender, and upon receipt / acceptance of the offer of the carrier by the sender, or upon receipt / acceptance of order of the sender by the carrier, i.e. in both cases upon conclusion of the contract of carriage, these shall become part of the contractual rights and obligations of the contracting parties (the "Terms and Conditions").
The term "carrier" in the broadest sense means the TRANSMET SLOVAKIA, s. r. o. company, ID No.: 36 355 801. The carrier may operate national and international road freight transport of goods.
The term "sender" means under these Terms and Conditions any entity who orders the shipment by the carrier. By placing the order and / or acceptance of the offer of the carrier, i.e. upon conclusion of the contract of carriage, the sender declares that it is authorized to perform the following actions and in case that such an entity acts on behalf of and for the account of the sender, that entity declares that it is personally liable for the obligations arising from the submission of the order and / or contract of carriage.
The terms "carriage” or “transport" mean any transfer of objects, freight, industrial goods and other required types of goods in national and international road freight transport in the scope of the authorization / the license of the carrier and in accordance with these Terms and Conditions and generally binding legal regulations.
II. Application of the Terms and Conditions
1. These Terms and Conditions shall apply to each carrier's contractual relationship with the sender (including any storage before, during and after transport), all agreements and, in general, all legal relations with the carrier unless it has been explicitly agreed otherwise.
2. This also means that the Terms and Conditions of the sender in any form, cannot be applied to the contractual relationship established between the carrier and the sender and cannot have any effect on this relationship.
3. By a simple acceptance of the offer of the carrier by the sender, the sender also accepts these Terms and Conditions. For avoidance of any doubt, in order to accept the offer of the carrier an email is sufficient as it is sufficient to send an email in order to confirm the order of the sender by the carrier.
III. Offers and Orders
1. All offers of the carrier submitted in any form are not binding and are considered only as indicative offers, unless it has been explicitly said by the carrier that the offer is binding or that by submitting the offer the carrier expresses the acceptance of the order of the sender.
2. The sender may place an order for shipment orally (by telephone) or in writing (by e-mail). Phone orders must be confirmed by the sender in writing (via email) within 2 hours after the oral request.
3. If the sender has not previously approved the tariffs of the carrier which would apply to all orders of the sender, upon receipt of the order of the sender, the carrier shall submit an offer for transport. By accepting this offer of the carrier by the sender the contract of carriage has been concluded, which means that the sender also accepted these Terms and Conditions.
4. If the sender had previously approved the tariffs of the carrier, the order of the sender shall be considered as accepted if it is confirmed in writing (email) by the carrier within 24 hours of its submission or if the carrier begins with the realization of the transport. By submitting the order by the sender, the sender accepted these Terms and Conditions. By confirmation of the order of the sender by the carrier the contract of carriage has been concluded.
5. Transport order must contain all information necessary for the proper implementation of the transport (type, quantity, weight and value of goods, type and ID number of container, port or warehouse, information concerning the storage, securing etc.). The information provided must be adequate in order to carry out the transport under the specified requirements taking into account, inter alia, distance, driving times and resting periods, time windows for loading and unloading, administrative procedures, the advance notification, etc.
6. In any case the carrier reserves the right not to accept the order of the sender and to refuse the carriage.
IV. Shipping Documents
1. The sender is obliged to deliver on time all the documents that are required to be enclosed to the shipment in accordance with the applicable regulations. Failure to deliver the required documents or their late delivery relieves the carrier of its liability for any damage. Any delay of the sender to comply with this obligation entitles the carrier to refuse the carriage. The contract of carriage shall be cancelled by a written email notification of refusal of transport.
2. Stipulation of the name and address of the sender and consignee in the consignment note shall be prima facie evidence of the making of the contract of carriage.
If the sender is absent when making out of the consignment note, the Item 3 of the consignment note shall be signed by the loading personnel or personnel of the loading dock or personnel of the warehouse and it shall be presumed that the signing personnel acted on behalf of the sender and shall be liable for the fulfilment of this condition to the necessary extent.
In the consignee is absent at the place of unloading, the Item 4 of the consignment note shall be signed by the unloading personnel or personnel of the loading dock or personnel of the warehouse and it shall be presumed that the signing personnel acted on behalf of the consignee and shall be liable for the fulfilment of this condition to the necessary extent.
3. The carrier is not obliged to check the gross weight of the goods and the gross weight does not represent any evidence against the carrier with exception of the cases in which the gross weight was checked pursuant to Article 8 § 3 CMR and noted in the consignment note.
4. The sender is obliged to hand over the consignment to the carrier in proper condition for transport, for example: properly packed. The carrier is not obliged to check the packaging of the consignment, way of loading and unloading. The carrier is not responsible for any damage incurred as a result of defects in the package and as a result of loading and/or unloading.
5. The sender will ensure a smooth access to the sender / the consignee premises. All operations which shall be carried out due to difficulties occurred during the transport will lead to an additional billing.
V. Liability and Legal Framework / CMR
1. All contracts of carriage and their implementation are governed by the applicable provisions of the CMR Convention of 19 May 1956 as amended.
2. The sender acknowledges that the carrier is responsible for the carriage only to the extent arising from the CMR Convention.
3. The carrier is not responsible for any loss or delay resulting from loading, securing or unloading of goods (and even thawing of goods).
4. The receipt of the goods is carried out on the loading dock, unless explicitly agreed otherwise in writing.
The route that shall be followed by the carrier in the premises of the factory, warehouse, constructions or other places shall be announced to the drivers of the carrier by the supervision personnel of such premises and the supervision personnel is liable for the determination of the route. The carrier has the right to reject to follow the determined route if he is of the opinion that based on the local conditions the vehicle or the goods might be damaged.
5. Personnel of the carrier may not accept any orders that might bind the carrier with the exception of the presumed commitments concerning:
· the value of the goods that shall serve as a reference in case of the total or partial loss of the goods or damage thereto (Article 23 and 25 CMR),
· the delivery time (Article 19 CMR),
· the damage compensation (Article 21 CMR),
· the price of the goods exceeding the limit (Article 24 CMR) or the special interest in delivery (Article 26 CMR)
Personnel of the carrier shall not accept any orders that might bind the carrier with respect to the carriage of dangerous goods (ADR) or goods subject of special regulations.
6. Delivery of goods on cargo piers in ports shall be deemed as an unconditional acceptance of the goods, unless the sender explicitly requests otherwise in writing and the carrier accepts such a request.
7. The carrier does not assume any responsibility concerning the conditions of a container. Signing the proof of receipt of the container for shipment or the proof of delivery of the container shall be considered only as a receipt or a delivery of such a container. The full container will be handed over to the carrier without the obligation of the carrier to examine its content. The carrier does not take any responsibility for the content of the container. In such a case, the principle "said to contain" is applicable. This principle also applies to trailers transmitted to the carrier, as well as packaged goods, where the package include large number of goods.
8. No shipment shall be made under the condition of cash on delivery, on the condition of the estimated value of the goods or on the condition of occurring special circumstances at the delivery. Transport of hazardous goods (jewellery, art, money and securities, special foods, etc.) will be done only if the responsibility and risk will be borne by the sender.
9. Unless explicitly agreed in writing, the contractual parties agreed that the loading will be done by the sender, the securing, in case that it is possible and necessary, will be done by the carrier and the unloading will be done by the consignee. Each person acting on behalf of the sender, carrier or consignee is liable for his own activities and he is also responsible for the persons who act in his name or on his account.
If the sender and/or the consignee requests the carrier (his driver) to perform the operations associated with loading and/or unloading, it means that the driver carries out these tasks under the explicit supervision, control and responsibility of the sender and/or the consignee. The carrier assumes no liability for damages arising from and/or during loading or unloading, or in connection with the improper execution of the loading and unloading.
10. The parties expressly agree that the sender and/or the consignee will fully protect the carrier against all penalties and claims for damages of any kind that result from improper loading or unloading, even in case that these were performed by the employee of the carrier in accordance with paragraph 9 of this Article.
11. The carrier is not responsible for delays and / or irregularities in the carriage, when these occur due to force majeure. Force majeure is an event that is beyond the will and / or not under the control of the carrier.
VI. Price for Carriage
1. Price offered for carriage to the sender and accepted by the sender is the price that includes the waiting time for loading of maximum two hours, the waiting time for unloading of maximum two hours, ADR surcharge, resting periods, physical checks performed by the driver and fuel surcharge.
2. The costs that are incurred to the carrier and which are not included in the price for carriage, shall be paid by the sender in accordance with these Terms and Conditions and in the amount in which they were covered by the carrier.
3. Loading and unloading of goods is not included in the price for carriage and all risks in this regard shall be borne by the sender and consignee.
4. The price for carriage does not include export / import duties, excise duties, VAT on goods and any other charges.
5. The price for carriage and other transport costs are borne by the sender to the full amount. In the case of transport in which the sender indicates that the payment shall be borne by the consignee, the sender is responsible for the payment jointly and severally with the consignee.
VII. Waiting Periods
1. Time before loading and unloading counts from the moment that the carrier was ready to load or unload and the waiting period may last up to two hours for loading at maximum and up to two hours for unloading at maximum. The carrier is deemed to be ready to load or unload for example: in case that he informed the relevant person by telephone, or he entered the premises of the sender or the consignee or other person, or in case that he informed the relevant person by sending an SMS message. For each commenced hour of waiting, an additional fee of 25,- EUR excluding VAT shall be charged. The sender accepted this additional charge to the full amount.
2. In case of unforeseeable circumstances, force majeure (weather conditions, exceptional traffic situations, strike etc.), the carrier is entitled to either adjust the fee for transport or transport conditions, or withdraw from the contract of carriage, without any compensation, unless explicitly agreed otherwise. The withdrawal from the contract of carriage is acceptable by sending an email.
3. When completing customs formalities the carrier always acts solely as an agent of the sender, on behalf and on account of the sender. Unusual waiting times, inter alia, due to the strike, problems with consignment note or different customs documents may give a rise to an increase of the price for transport.
VIII. Payment Conditions
1. All invoices sent to the sender shall be payable within 60 (sixty days) from issuing the invoice, in the manner required by the carrier, unless agreed otherwise.
2. If the sender is in delay with the payment of the invoice which is due and payable and without the obligation of the carrier to send a reminder to the sender, the sender shall be obliged to pay to the carrier the interest of 9% on the due amount.
In addition, the sender is obliged to pay in excess of the interest on the due amount also a compensation in the amount of 10% from the price for carriage, which is the price of the own costs incurred to the carrier with respect to his claim and the minimum amount shall be 40,- EUR and the maximum amount shall be 250,- EUR.
In addition, the carrier is entitled to demand from the sender to pay a compensation of all costs incurred to the carrier with respect to his claim.
3. The sender acknowledges and agrees that the carrier has a lien on all goods, containers and trailers, in order to ensure his claims under the contract of carriage until the payment of all due amounts by the sender. This is true even if the debt of the sender arouse from other title besides the contract of carriage.
4. Various receivables of the carrier against his debtors even if they concern the carriage of various goods and/or they concern the goods that are not placed at the disposal of the carrier anymore, represent a sole and inseparable receivable with respect to which the carrier may apply all his rights and priority rights.
In addition, the goods that will be placed at the disposal of the carrier in the future shall serve as collateral for the payment of the carrier´s receivables against his debtors or the owners of the goods. The collateral shall be governed by the provisions of the Slovak legal system concerning the collateral.
The carrier may apply his lien from the moment when the goods are placed at his disposal.
5. The sender is not entitled to set off any of its claims against any possible receivables that are recorded by the carrier against the sender.
6. The sender is not entitled to assign the rights and obligations of the contractual relationship concluded between the carrier and the sender to any third party without the prior written consent of the carrier.
7. Any complaints concerning invoices issued by the carrier shall be done in writing and these must be submitted within ten days of the receipt of the invoice in the form of the registered letter sent to the address of the registered seat of the carrier.
IX. Cancellation of Order
1. In case that after acceptance of the order of the sender by the carrier in accordance with Article III paragraph 4 of these Terms and Conditions or after acceptance of the offer of the carrier by the sender in accordance with Article III paragraph 3 of these Terms and Conditions, the order is revoked, the sender agrees to pay to the carrier a contractual penalty for cancellation in the amount of 20% of the price for carriage. If the order cancellation is notified after 2 pm on the day which precedes the loading date, the contractual penalty for cancellation shall be increased by 50% and if the order cancellation is notified on the day of loading, the contractual penalty for cancellation shall be increased by 75%. In case that the order cancellation is not notified and the carriage is for any reason whatsoever (not due to the carrier) not implemented, the sender pays the contractual penalty in the amount of the price for carriage.
2. Payment of the contractual penalty pursuant to these Terms and Conditions will not affect the carrier's claim for damages, which is not covered by the payment of the contractual penalty.
X. Applicable Law and Competent Courts
1. The carrier and the sender agreed that the Terms and Conditions and any contract of carriage concluded between them shall be governed by Slovak law and the CMR Convention.
2. Any disputes that might arise between the parties shall be decided by the courts of the Slovak Republic.
1. The possible invalidity of a provision of these Terms and Conditions in any way does not make the other provisions invalid and these shall remain in force in the unabridged version.
2. These conditions are valid as of 01.03.2012.
3. According to the Act No. 56/2012 Coll. on Road Transport, the carrier published these Terms and Conditions on its website www.transmet.sk and these are also available at the registered seat of the carrier.