Section 1. Definitions

a) Transport Europa - Transport Europa Logistics Ltd. with its registered office in Bogucin, at Wiśniowa 6 Str., 62-006 Bogucin, National Court Register (KRS): 0000732992, Tax Identification Number (NIP): 7773322436, REGON: 380320109, share capital: PLN 6,000 (six thousand Polish zlotys).
b) Principal - Client for whom Transport Europa provides freight or transportation services. Depending on the type of activities commissioned, the Principal may also be the Shipper or Receiver of the shipment.
c) Subcontractor - Subcontractor of Transport Europa, further forwarder, carriers, other individuals/entities that Transport Europa uses to provide freight or transportation services.
d) GTC - General Terms and Conditions of Carriage Agreement, attached to the Order and the Transport Order.
e) Order - an order placed by Transport Europa to provide freight or transportation services to the Principal.
f) Agreement - terms and conditions for the execution of freight or transportation services resulting from the Order.
g) Transport Order - an order issued by the Subcontractor for the provision of forwarding or transportation services to Transport Europa.

Section 2. The Order

  1. The Agreement is concluded upon the Principal's receipt of confirmation of acceptance (approval) of the Order. Confirmation of acceptance (approval) of the order takes place through electronic communication. Transport Europa may also confirm the acceptance of the order by sending a scanned copy of the signed order to the email address from which the Principal sent the Order or in writing. The integral part of the Order are the provisions of these GTC.
  2. Changes to the Order made by the Principal after receiving confirmation of acceptance of the order, in which Transport Europa does not make changes to the Order, shall be understood as the submission of a new Order, unless otherwise agreed by the parties to this agreement.
  3. Transport Europa is entitled to refuse the order by communicating its will in this regard to the Principal in any form, e.g., in writing or orally.
  4. The Principal agrees to allow Transport Europa to assign the execution of the service in whole or in part to other Subcontractors with appropriate authorizations (licenses, permits) and liability insurance.
  5. In the case of assigning the service to other Subcontractors, all provisions regarding Transport Europa's liability contained in the GTC, the Civil Code, and the Road Transportation Act also apply to these Subcontractors.
  6. The shipper of the goods covered by the Order is responsible each time for the proper placement and securing of the goods using straps that are part of the trailer's equipment, anti-slip mats, corner protectors, and other securing materials, in accordance with the type of transported goods and the type of vehicle ordered by the Principal.
  7. Transport Europa is not responsible for the improper preparation of the goods for transport by the shipper, including its improper placement or securing, as well as for the lack, insufficiency of the materials used for securing, or their improper use by the shipper's employees. In the case of improper securing and placement of the cargo, Transport Europa may refuse to undertake the transport, with the right to compensation for the substitution of the vehicle at the loading point and reimbursement of all costs incurred as a result.

Section 3. Remuneration and provisions regarding incurred costs

  1. The remuneration due to Transport Europa is specified in the Order accepted for execution by Transport Europa. VAT is added to the remuneration specified in the Order in accordance with the currently applicable regulations.
  2. The Principal is obliged to pay Transport Europa additional remuneration for additional services:
    a) not covered by the Order, performed by Transport Europa or commissioned by Transport Europa to be performed by the Subcontractor on behalf of the Principal, if they have been agreed upon with the Principal in a written form understood as the expression of will through electronic communication or in writing and accepted by Transport Europa,
    b) performed by Transport Europa or commissioned by Transport Europa to be performed by the Subcontractor on behalf of the Principal without prior agreement, if they were necessary for the proper execution of the service covered by the Order or necessary to secure the claims of the Principal or Transport Europa.
  3. Additional services not covered by the Order as referred to in paragraph 2 a) and b) of this paragraph include, among others:
    a) making a stop during transport, which is not the responsibility of Transport Europa or the Subcontractor, including stops at the loading and unloading points, at the border, with a minimum stop fee of 200 euros net per day. The fee for the stop is payable to the Principal regardless of whether the stop falls on a weekend, a public holiday, or is dependent on circumstances such as a stop at a customs office, a stop at the border, etc.
    b) carrying out additional instructions from the Principal, including instructions related to transporting the goods to a location other than originally specified in the Order,
    c) performing other services for the Principal, including loading or unloading goods, transshipment, or assistance in repackaging.
  4. The Principal is obligated to reimburse Transport Europa or the Subcontractor for any expenses and fees incurred in connection with the execution of the Order, including, in particular, fees for obtaining permits, parking fees, detours, customs fees, administrative fees, and fines.
  5. The date of payment of the remuneration for the execution of the Order is the date of crediting Transport Europa's bank account.

Section 4. Obstacles to the Execution of the Order

  1. Transport Europa is not responsible for the untimely execution of the service in the event of circumstances beyond the control of Transport Europa that prevent the execution of the service in whole or in part, for a period corresponding to the duration of these circumstances.
  2. Circumstances beyond Transport Europa's control preventing the execution of the service in whole or in part are considered, in particular, events caused by "force majeure," i.e., sudden events caused by natural forces, as well as extraordinary, external events of a global nature, strikes, wars, political restrictions, military actions, uprisings, revolutions, epidemics, and pandemics, riots with a wide territorial scope that neither party to the contract could prevent.
  3. Transport Europa is not responsible, in particular, for:
    a) delays caused by the Principal's failure to provide complete and correct documentation related to the shipment in a timely manner, if required,
    b) delays and damages caused by the Principal's failure to provide complete information in the Order or by providing incorrect information in the transport documentation/stated by the Principal concerning the shipment or transportation and its conditions, including, in particular, regarding the place/conditions of loading/unloading,
    c) the Principal's failure to meet the marking or securing requirements of the shipment, unless explicitly instructed by Transport Europa,
    d) damages or delays caused by improper securing or marking of the shipment unless explicitly instructed by Transport Europa,
    e) damages or delays caused by actions/omissions of third parties for which Transport Europa is not responsible or has not assumed liability,
    f) damages or delays caused by the Principal's failure to provide accurate information about the nature or value of the goods, recommended methods of transport, or security measures that should be observed.
  4. Transport Europa's liability towards the Principal is limited to intentional damage. The maximum amount of compensation due to the Principal is:
    a) for damage related to damage or loss of goods, limited to 8.33 SDR per 1 kg of gross weight of the goods,
    b) for delay in delivery, limited to the value of the remuneration due for the execution of the Order.

Section 5. Conditions for the Execution of the Transport Order by the Subcontractor

  1. The Subcontractor is obliged to stop for 24 hours after the planned time of loading or unloading of goods if circumstances require it and such are the instructions of the Principal. The specified stop time, as well as stops made by the Subcontractor on local holidays and weekends, are subject to remuneration specified in the order. If, in connection with the order, the Subcontractor is required to provide parking services for longer than 24 hours, the Principal shall be obligated to pay the Subcontractor a contractual penalty for each subsequent started day of parking, which in the case of domestic transport will amount to 50 EUR, and in the case of international or cabotage transport, 100 EUR. In the event of the Subcontractor leaving the loading or unloading point before the expiration of the parking time referred to in paragraph 1, the Subcontractor shall be obligated to pay the Principal a contractual penalty in the amount of 200% of the remuneration for the proper performance of the contracted transport service.
  2. The Subcontractor undertakes not to offer its services to the Principal's Client, understood as the shipper or consignee, as well as other entities specified in the CMR consignment note and in the transport order, within 1 year from the date of the execution of the order. In the event of a breach of this obligation by the Subcontractor, the Subcontractor undertakes to pay a contractual penalty to the Principal in the amount of 25,000 euros for each violation. The prohibition also applies to the Subcontractor's cooperation with the Client within an entity capital-related to the Subcontractor, in particular, a company in which the Subcontractor is a member of the management board, proxy, partner, or shareholder.
  3. The Subcontractor declares that it complies with foreign regulations regarding the obligation to pay drivers a minimum wage for work performed in a given country, which applies to the Subcontractor. The Subcontractor undertakes to fulfill all obligations imposed on it by foreign regulations, including having the necessary documentation, settling and paying the driver's minimum wage. In the event that, as a result of non-compliance with the obligation mentioned in this provision, the Principal is obliged to pay compensation or administrative penalties in connection with this order, the Subcontractor undertakes to pay the Principal compensation in an amount equal to the amounts charged to the Principal.
  4. The Subcontractor undertakes to carry out the transport using a vehicle equipped with a GPS monitoring system and to provide the Principal with the location of the vehicle performing the transport during the execution of this order.
  5. The Subcontractor declares that in the case of providing transport services to the United Kingdom, it adheres to procedures and rules aimed at reducing the risk of unauthorized third parties entering the cargo space. In particular, the Subcontractor undertakes to properly secure the vehicle against unauthorized entry by using functional tools such as security bars, locks, and security cables. In the event that the Subcontractor's vehicle is detained by the Border Force due to the detection of unauthorized third parties, the Subcontractor shall be obligated to pay a contractual penalty to the Principal in the amount of 100 euros for each day of detention of the goods by foreign control authorities, up to a maximum of 1000% of the freight.
  6. The Parties agree that all administrative fines imposed by national or foreign administrative authorities shall be borne by the Subcontractor, who hereby waives the right to claim them from the Principal.
  7. In the case of transporting machinery or vehicles, the Subcontractor shall be obligated to:
    a) check whether the machine/vehicle has an original registration certificate, unless it has received other instructions from the Principal,
    b) have liability insurance (OCPD) covering the transport of machines/vehicles specified in the order,
    c) provide a semi-trailer equipped with ramps enabling independent loading and unloading of the machine/vehicle, which is the subject of the order,
    d) have specialized equipment to secure the machine/vehicle, which is the subject of the order,
    e) take clear photographs of the vehicle from the loading point (from each side of the vehicle at a 45-degree angle).
  8. The Subcontractor declares that it waives the right to claim, through the courts, claims for compensation for debt collection costs, as defined in Article 10 of the Act of March 8, 2013, on the deadlines for payment in commercial transactions (Journal of Laws 2019.118 consolidated text of January 21, 2019), for a period of 3 years from the due date of each of these claims.