General Conditions of the Transport Order

    1. These General Terms and Conditions of Order (hereinafter referred to as the GTC) together with the Transport Order for the Carrier (hereinafter referred to as the Order) define the terms and conditions of provision by the Contractor to the Principal: Epo-Trans Logistic SA with its registered office in Tychy, 43-100, 5 Graniczna Street, KRS No.: 243214, NIP: 646-26-99-090, road transport of goods services in domestic and international transport.
    2. The order can be placed in writing, via e-mail (also by a statement in the content of the e-mail itself) or by sending it on the freight exchange messenger. Within 30 minutes from the moment of receipt of the order, the Contractor may raise objections to its content or the content of the GTC. Failure to raise objections within this period means acceptance of the order without comments.
    3. By accepting the Order, the Contractor confirms that they have read and accepted the content of these General Terms and Conditions of the Order in full and without reservations. These GTC shall also apply to subsequent orders, unless the Client attaches other GTC to them. Any model contracts used by the Contractor, regardless of their provisions and the fact of their transfer or delivery to the Client, will not apply to the contract between the parties.
    4. The Client is entitled to withdraw from the Agreement (cancel the Order) within 2 days from the date of the order, in no case later than 12 hours before the indicated date of loading, without giving a reason, without the possibility of making any claims by the Contractor. If the cancellation of the order by the Client took place no more than three hours before loading, the Client is obliged to pay a penalty of €100 to the Contractor.
    5. The Contractor should confirm the receipt of the order issued less than 12 hours before the indicated loading date, in the absence of such confirmation, the Client may cancel the order until the time of loading without giving a reason, without the possibility of the Contractor making any claims.
    6. Resignation by the Contractor from the execution of the order is possible only with the consent of the Client, and in the event that the resignation from the order occurs later than 24 hours before the planned loading, the resignation is possible only with the simultaneous provision of substitute transport under the same conditions or for payment to the Client of an amount equal to the difference between the value of the freight specified in the order and the value of the freight, which the Client will have to pay to the substitute carrier.
    7. The Signatory/Referrer of the Order declares and warrants that he/she is entitled to conclude the agreement under the terms and conditions specified in the Order and the GTC and assumes liability for damages resulting from the possible lack of appropriate authorization from the Contractor. The Principal is not obliged to verify whether the person accepting the order is authorized to conclude the Agreement.
    8. The Contractor is obliged to have a current third-party liability, AC and NW insurance for the vehicle with which it will perform the transport and the carrier’s civil liability policy (respectively, depending on the route of the order – in domestic and international traffic, the so-called OCP) with a sum insured not lower than EUR 300,000. and the order shall be deemed to have been placed only if the Client confirms it upon receipt of this information. Notwithstanding the above, in any case the Contractor is obliged to insure the goods up to their full gross value, if this is provided.
    9. The Contractor is obliged to have the necessary licenses and permits to perform the transport, including international transport, necessary to perform the Order.
    10. The Contractor declares and ensures that the means of transport provided for loading meet the requirements and standards provided for the regulations of the countries in whose territory the Contractor will perform the Order, and are also in good technical condition and have all functional equipment and materials, in particular mats, corners, belts, required for the proper performance of the Order. In addition, the Contractor ensures that the means of transport used to perform the Order will be appropriate to the characteristics and type of goods to be transported, clean, dry, with a free cargo box, and there will be no odours in the chamber that may affect the transported goods.
    11. The Contractor undertakes to comply with all regulations: national, EU and other, including the regulations in force in the territory of the countries in which the Order will be performed by the Contractor, applicable to the conducted business and the Orders executed, including the working time of drivers, mandatory vehicle equipment and others. The Client reserves the right to conduct an audit of the company, including employee documentation (personal files) and vehicles of the Contractor.
    12. The Contractor is obliged to perform the Order in person. The Contractor may subcontract the execution of the Order to a third party only after obtaining the explicit, prior written consent of the Principal. Otherwise, the Client reserves the right to charge a contractual penalty in the amount of twice the gross freight value. The Contractor bears full responsibility for the actions and omissions of third parties on a risk basis.
    13. The Contractor is not entitled to perform transshipments or additional loads without obtaining the prior written consent of the Client. In the event of a breach of this prohibition, the Client reserves the right to charge a contractual penalty of 5,000 euros.
    14. The Contractor is obliged to provide the Client with constant telephone contact with the driver performing the transport.
    15. The Contractor is obliged to inform the Client about the occurrence of any obstacles and circumstances affecting the timeliness and quality of the Order, such as problems during loading, unloading, failure to start loading at the indicated time, and others – within 15 minutes of the occurrence of these obstacles. In the absence of information, the Client reserves the right to charge a contractual penalty of 100 euros for each accident, without excluding liability for improper performance of the contract (delays, damages, etc.).
    16. In the event of the Contractor’s delay in bringing the vehicle to the place of loading or unloading, the Client reserves the right to charge a contractual penalty of EUR 150 for each hour of delay commenced.
    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, the consignment note, including the preparation of the goods for transport (including its packaging and marking), the quantitative, qualitative and weight condition of the goods; recalculation of goods and to supervise loading and unloading operations. In the event of any discrepancies, the Contractor is obliged to prepare an appropriate statement and record these circumstances on the consignment note. The Contractor is obliged to immediately notify the Client of any non-compliances.
    18. The Contractor is responsible for the correct placement and protection of the goods in the vehicle. In the event of a lack of agreement in this regard with the consignor of the goods, the Contractor is obliged to prepare an appropriate statement and immediately, at the time of loading, before leaving the place of loading, inform the Client about the situation and wait for instructions and confirmation of the possibility of continuing the transport. In the event of failure to perform the above activities, the Contractor bears full responsibility for any irregularities related to the correct placement and securing of the goods.
    19. In the event of any obstacles with the delivery of the goods, the Contractor is obliged to immediately, before leaving the place of unloading, inform the Client about the situation and wait for his instructions and – in the event of damage during transport, resulting in the Recipient’s refusal to accept the goods – to transport the goods at their own expense to a place indicated by the Client, adequate to the type of damage and the transported goods.
    20. The Contractor shall be financially liable for any damages resulting from untimely or improper performance of the service. The Client reserves the right to claim compensation exceeding 100% of the freight.
    21. The Contractor is responsible for any possible damage, loss, loss of goods during transport. In the event that any damage occurs to the goods, both before loading, during loading and transport, and during unloading, the Contractor is obliged to make a note covering 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, respectively.
    22. The Contractor is not entitled to additional remuneration for a stop at the place of loading and at the place of unloading up to 18 hours counted from the dates provided for in the Order (in the case of an hourly notice – indicated in the Order or as a result of subsequent arrangements between the parties – the exact time of loading / – from the time provided for loading or unloading). In the event of the need for a longer stop, the Contractor is entitled to additional remuneration, however, not higher than EUR 25 for each full hour over the first 18 hours, in total not more than EUR 200. The Contractor is obliged to document the stop and its time during loading and unloading operations with a parking card confirmed (respectively) by the consignor or recipient. The lack of a parking card will result in the Contractor’s inright to additional remuneration indicated above.
    23. The Contractor is not entitled to additional remuneration for the parking in the event that the vehicle was not delivered for loading within the time specified in the order, or if the vehicle was not in accordance with the terms of the contract, did not have the required equipment, etc.
    24. The Client is not responsible for stops at the borders of countries, Customs Offices and on days of limited movement of trucks or other circumstances resulting from the law, states of emergency (such as armed conflicts, riots, etc.), natural disasters and other weather or atmospheric conditions preventing the transport of goods. The Contractor is not entitled to additional remuneration for downtime on public holidays (including holidays) falling on the time of performance of the Order, applicable in the countries in which the Order is performed or celebrated at that time in Poland.
    25. It is forbidden to leave the vehicle outside guarded parking lots, and in the event of violation of this prohibition, the Client reserves the right to charge a contractual penalty of 250 euros.
    26. If the parties so agree, the Contractor is obliged to exchange the returnable Euro pallets at the place of loading and at the place of unloading in a 1:1 ratio and to obtain a properly completed and signed pallet receipt from the sender and the recipient. The Contractor may not collect the pallets only if they obtain an entry on the pallet receipt: “The pallets were not issued due to the lack of pallets for exchange.” In the event of non-compliance with these requirements, the Client reserves the right to charge a contractual penalty of 20 euros for each pallet not replaced.
    27. The Contractor is obliged to collect and provide the Principal with the originals of the complete documentation necessary for the performance of the order required by the applicable provisions of law, including the Convention or the Pr. The Contractor is obliged to send the documents referred to in point 29 to the Client by scan via e-mail within 72 hours from the moment of unloading to the backoffice@epotrans.pl e-mail. In the event of non-compliance with these requirements, the Client reserves the right to charge a contractual penalty of 100 euros for each accident.
    28. After the proper execution of the Order, which means the performance of the transport service and the delivery of all the required documents specified in point 29, including a set of two original CMR documents, the Contractor is obliged to issue a VAT invoice to the Client immediately, in accordance with the regulations. A properly issued VAT invoice should contain in particular: order number, vehicle registration number, the date of unloading should be entered as the date of sale. The invoice should be issued and paid in EUR, the amount of VAT shown on the invoice should be payable in PLN – the VAT conversion should be made according to the average exchange rate of the National Bank of Poland announced on the last working day preceding the date of unloading (VAT Act, Article 31A(1)). The invoice should include the bank account number in PLN and EUR and SWIFT.
    29. The Contractor is obliged to deliver to the Client to the correspondence address Graniczna 5, 43-100 Tychy a VAT invoice for each transport order separately together with correctly and legibly completed originals of documents received at the place of loading and unloading, in particular: two pieces of original consignment notes or, in the case of international transport, CMR documents with stamps and legible dates of loading and unloading, WZ documents, pallet receipt, parking card, thermograph printout, and other documents received or required by law or the Agreement for a given Order – within 14 calendar days from the date of unloading in the case of international transport and 7 days in the case of domestic transport. In the event of failure to deliver a set of required documents within the set deadline, the Client reserves the right to extend the payment deadline by another 30 days, and will also charge a contractual penalty of EUR 100, and in the event that the documents are not delivered within 30 days from the date of unloading – it may charge a contractual penalty in the amount of the agreed freight.
    30. The payment deadline is 60 days from the date of receipt of a correctly issued invoice together with a set of two original CMR documents. Please direct all questions about payment to platnosci@epotrans.pl
    31. In the event of a complaint or other reservations, the Client is entitled to retain the deposit in the amount of the agreed gross freight until the complaint procedure is completed.
    32. The remuneration specified in the Order is of a lump sum nature, is final and is not subject to increase. The Contractor’s claims for additional fees and costs incurred will not be accepted. The Contractor declares that the remuneration specified in the Order takes into account all costs related to the performance of the contract in accordance with its content, subject to additional remuneration for parking – under the conditions specified in these GTC.
    33. The sale by the Carrier of the receivables resulting from this order requires the consent of EPO-TRANS LOGISTIC S.A. The Carrier may not assign rights and/or obligations arising from the agreement without the prior, written consent of EPO-TRANS LOGISTIC S.A., regardless of the form of assignment.
    34. The Client is entitled to deduct from the Contractor’s remuneration all receivables, in particular: contractual penalties, damages, unsettled pallets and others, which arose as a result of circumstances for which the Contractor is responsible. The set-off may be made before the due date of the Principal’s and the Contractor’s receivables (contractual compensation).
    35. The Contractor is bound by a complete prohibition of competition and cooperation with the Client’s contractors (in particular the consignor and the recipient named in the Order) during the cooperation with the Client and for a period of two years after its termination (i.e. counting from the date of the last transport performed for the Client by the Contractor). The prohibition referred to above includes, in particular: the prohibition of sending offers of cooperation, concluding transport contracts, forwarding contracts and other contracts of a similar nature. In the event of a breach of this prohibition, the Client reserves the right to charge a contractual penalty of 10,000 euros for each accident.
    36. The contractual penalties reserved in these GTC are calculated independently and do not exclude the Client’s right to claim supplementary damages on general terms up to the amount of the damage suffered.
    37. All provisions of the Order being executed, as well as other information obtained from the Client in the course of its execution, constitute trade secrets and may not be disseminated by the Contractor. In the event of disclosure of the freight price, the Client has the right to demand payment of a contractual penalty of EUR 1,000 from the Contractor.
    38. The Parties agree that the Court competent to settle disputes shall be the Polish Court competent for the place of the Principal’s registered office, and the applicable law shall be Polish law.
    39. In unregulated matters, the provisions of the transport law, the Convention and other provisions of law shall apply.
    40. The Contractor’s personal data administrator is the Principal: Epo-Trans Logistic SA with its registered office in Tychy, 43-100, Graniczna 5 Street, KRS No.: 243214, NIP: 646-26-99-090, e-mail address: rodo@epo-trans.pl. In accordance with Article 6(1)(b) of the GDPR, personal data may be processed for the purpose of:
    41. conclusion and performance of a contract for the provision of services related to road transport
    42. telephone contact in matters related to the contract
    43. performance of 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 evidentiary documents, for the purpose of considering complaints or securing information that may be used to pursue possible claims arising from this order
    46. The data subject has the right to access their personal data, rectify them, delete them or limit processing, object to processing, as well as the right to data portability. Providing personal data is voluntary, but necessary for the implementation of road transport concluded in the above-mentioned transport order. Failure to provide data is associated with the cancellation of the above-mentioned transport order.
    47. The Principal declares that it has the status of a large enterprise within the meaning of Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L.2014.187.1).
    48. EPO-Trans Logistic S.A. operates a Quality and Environmental Management System in accordance with EN ISO 9001 and EN ISO 14001. According to the Quality and Environmental Policy adopted by the Management Board of EPO-Trans Logistic S.A., all orders/contracts must be carried out in accordance with the best quality standards, as well as with the provision of requirements for the improvement of environmental protection.

    When cooperating with our Organization, all contractors/subcontractors undertake to comply with the requirements in the field of occupational health and safety and environmental protection, m.in. by:

    • to act in accordance with the environmental protection law and other environmental regulations applicable to the activities of contractors/subcontractors,
    • prevention of environmental pollution,
    • pro-ecological waste management in accordance with the requirements of environmental law;
    • encourage their own suppliers and subcontractors to become aware of their responsibility for the environment.