AF TRANS POLSKA Sp. z o.o. General Terms for Clients (hereinafter – GTCl)
AF TRANS POLSKA Sp. z o.o. General Terms for Clients (hereinafter – GTCl)
Main Definitions
"Client” – legal entity on whose authority and/or on whose behalf the Forwarder provides the services under the scope of its business activity.
"Forwarder” – AF TRANS POLSKA Sp. z o.o.
"Freight Forwarding Services” – services provided by the Forwarder under the scope of its business activity consisting in transportation planning, carriers’ selection with due care, conclusion of relevant agreements, taking measures to secure the Client’s rights and auxiliary services (organization of storage, cargo insurance and customs clearance). Auxiliary services are never presumed to have been accepted by the Forwarder and shall be agreed separately.
"Regulations” – Convention on the Contract for the International Carriage of Goods (CMR), the Agreement concering the International Carriage of Dangerous Goods by road (ADR), Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), Convention for the Unification of Certain Rules Relating to International Carriage by Air (the Warsaw Convention) together with Hague and Guatemala protocols, the IATA regulations, Hague-Visby Rules, the Contract on International Rail Freight Services (SMGS), the Convention concerning International Carriage by Rail (COTIF), any specific regulations under which the bill of lading or consignment note was issued for a specific carriage of goods and conditions of such bill of lading or consignment note, as well as the law of the Republic of Poland, including Civil Code provisions in relation to freight forwarding contract. If it is customary accepted, general terms and conditions of other parties (carriers) may additionally apply.
1.These GTCl constitute an integral part of all agreements/forwarding orders and offers concluded between the Client and the Forwarder, including those placed and expressively accepted by email or through integrated information systems. The GTCl define the rights and obligations of the Client and the Forwarder.
2.Legal relations between the Client and the Forwarder are based on the agreement/forwarding order or offer, GTCl and Regulations. If changes to these GTCl have been individually agreed in writing or by electronic means, legal relations between the Client and the Forwarder are based on the agreement/forwarding order or offer, the modified GTCl and the provisions of the Regulations. In the case referred to in the preceding sentence, whenever the GTCl use the term "GTCl ", this should be understood as the modified GTCl.
3.The GTCl are binding in the text version indicated herein, last updated version.
4. In the course of its business activity, the Forwarder shall organize, at the expense and on the basis of the Client’s order, the performance of Freight Forwarding Services related to international or national carriage of goods by various means of transport. Forwarding orders shall be placed appropriately in advance, e.g. at least 2 business days before the planned date of loading for organization of carriage by road, and no later than 7 business days before the scheduled loading date in multimodal transport, unless expressively agreed otherwise.
5. The Client guarantees that the goods declared for carriage are not prohibited for free circulation and transportation, as well as there are no trade restrictions in force that prevent or may prevent the Forwarder from duly performing its obligations. The Client confirms that the goods entrusted to the Forwarder are his property or he is authorized to control of such goods. The Client agrees to indemnify and hold harmless the Forwarder, its respective officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification, and the cost of pursuing any insurance providers, incurred in connection with any claim arising out of or resulting from the breach of this provision by the Client.
6. The Client guarantees that cargo is not toxic, noxious, flammable, explosive, does not contain hazardous waste or other hazards and does not create any risk of damage in any other way to the cargo itself, humans, property or environment, unless the Client has notified the Forwarder of such properties of the cargo prior to its carriage, and the Forwarder agreed to organize such carriage. The Client is obliged to inform the Forwarder about special transport and storage conditions.
7. Cargo shall be timely prepared and properly declared by the Client for transport, in accordance with nomenclature and quantities agreed by the Parties, appropriately labelled and packed in compliance with applicable law, ensuring its safety during transport and storage, as well as preventing any damage or contamination to vehicles or transport units. The Client is obliged to provide the Forwarder, no later than at the time of the order confirmation, however without any unjustified delay, with complete and accurate information, such as cargo weight, type, items, dimensions and all the necessary accurate documents for the shipment.
8. The Forwarder is not obliged to use service provided by controlling companies in order to verify the condition of a container, consignment or seals, unless the performance of such services is clearly indicated from the offer made by the Forwarder, as suitability and condition of the container is deemed to be visible upon the delivery thereof to the loading or during loading operation into the container.
9. Due to dynamics of the provision of Freight Forwarding Services, the Forwarder does not undertake to perform the services on a specific date or to ensure delivery on a specific date, unless the Forwarder has explicitly assumed such an obligation. If the Client indicates a deadline in the order or agreement, the Forwarder treats such deadline as indicative and will use its best possible efforts to comply.
10. Upon the Client’s request, the Forwarder will provide all the information on the progress and stage of service performance.
11. The Forwarder is entitled to remuneration for the services and reimbursement for additional costs, such as demurrage and detention costs, parking fees, customs, storage and inspection fees, etc. Payment of the Forwarder’s remuneration shall be made on 100% prepayment basis in EUR and within 5 days from the date of invoice or note for additional costs or penalties, unless agreed by the Parties otherwise. The Client acknowledges that provided rates and quotes are valid in normal shipping environment. Exchange rate fluctations and bank charges burden the Party making the payment. If the additional costs were not agreed by the Parties preliminary, they can be applied in the following cases: a) changes to the order made by the Client to the limit of being excessively burdensome to the Forwarder or the Client’s request for auxiliary services. In case of changes being excessively burdensome for the Forwarder, he may terminate the order, and the Client will reimburse the Forwarder for the expenses incurred. b) changes occured unexpectedly and/or caused by reasons not attributable to the Forwarder’s fault or negligence e.g. if the cargo is not accepted by the consignee, the Client being the Party ordering Freight Forwarding Services shall bear all storage and detaining fees costs. In case of cancellation of the confirmed order by the Client, the Forwarder may demand payment of a contract penalty in the amount of 150 EUR. At the same time, the Forwarder reserves the right to claim higher compensation (e.g. in case the carrier’s „dead freight” provisions apply).
12. The Client shall not be entitled to unilaterally set off any potential claims for damages from payments receivable by the Forwarder.
13. The Forwarder is liable only for direct losses caused by improper performance of non-performance. Liability for consequentual losses, including but not limited to loss of profit or revenue is expressively excluded. The Forwarder is responsible for carriers, freight forwarders and other entities to whom the performance was entrusted, unless the Forwarder is not at fault in their selection. In case the Forwarder is liable for actions or omissions of any carrier, freight forwarder or another entity, liability limit cannot be broader than the liability of that entity established in Regulations. In order to safeguard the Client’s interests, upon the Client’s request, the Forwarder may undertake to assist the Client in filing direct claims to carriers concerning cargo loss or damage.
14. In case of damage to consignment, as well as its potential occurrence, the Forwarder shall be informed immediately, however no later than within 5 calendar days from the date when consignment in question was delivered to the recipient. Whereas there are grounds for the complaint to be submitted to the Forwarder, complaint shall be submitted in writing or in a document form and shall include necessary documents stating the condition of cargo and circumstances in which the damage occurred.
15. The Forwarder may suspend the performance of the services if the Client commits any material breach of these GTCl. Material breach shall be understood as breach of payment obligations, non-provision of significant information or documentation, in particular related to customs duties.
16. Any disputes arising from forwarding orders/agreements or offers to which these GTCl apply will be resolved amicably through negotiation. In the event that no consensus is reached, the dispute shall be resolved by the court at the Forwarder’s location (Warsaw).
17. The Forwarder processes voluntary entrusted personal data in accordance with the GDPR. Privacy Policy (Information Clause for Contractors and Clients) can be found under this link.