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GENERAL COMMERCIAL TERMS

GENERAL COMMERCIAL TERMS

Of BS Šped s. r. o., Drevárska 1649/23, 902 01 Pezinok,

IČO : 46 416234, IČ DPH: SK2023373935

The company is registered in the Commercial register Oddiel: SRO Vložkač.83080/B Okresného súdu Bratislava I

Article I – Fundamental provisions

  • These general commercial terms (hereinafter as “GCT”) of BS Šped s.r.o. are published with the intention of specifying the rights and duties of parties of the transportation contract concluded according to § 610 and the Commercial Code as currently applicable, or according to the Convention on the Contract for the International Carriage of Goods by Road (regulation of the Ministry of Foreign Affairs no.11/1975 Coll., hereinafter as “Convention CMR”) as currently applicable.
  • The GCT are an integral part of the transportation contract and adjust the relationship between the Sender ( BS Šped s.r.o. ) and the Carrier during the transportation of goods (hereinafter as “Contract parties”). Divergent regulations of the transportation contract are superior over the regulations of these GCT of the Sender. Any divergencies from these GCT of the Sender have to be agreed by the contracting parties in a written form, otherwise they are considered to be invalid.
  • Internal transportation of goods or international transportation of goods is understood under the term “goods transportation”.
  • The Carrier has an obligation towards the Sender to transport the goods from the designated place ( hereinafter as “Loading place” ) to the specified place ( hereinafter as “Unloading place” ) under the transportation contract.
  • The Carrier is obliged to familiarise themselves with the GCT of the Sender before concluding the transportation contract and by concluding the contract, they agree to this contract.
  • The Sender is entitled to update or change the GCT of the Sender. All changes, amendments or the full GCT of the Sender will be published by the Sender in a written form and published on the web address of the Sender. In case of invalidity of a regulation in the GCT of the Sender or transportation contract, the validity of the other regulations remains unaffected.

Article II – Transportation contract

  • The contract of transportation is concluded by the contracting parties on the basis of the Transportation contract of the Sender and by the acceptance from the Carrier.
  • The Transportation contract is sent by the Sender to the Carrier by electronic post or by fax and the order includes the following details:

a/ identification data of the Sender: company name, address, VAT identification number, Tax Code, Bank details

b/ goods specification (goods type description, dimensions and weight)

c/ place of loading

d/ date and time of the loading of the goods

e/ place of unloading

f/ date and time of the unloading of the goods

g/ transportation price

h/ payment conditions

i/ individual requests of the Sender regarding the transportation contract, if they are not agreed upon in the GCT and are superior to the GCT.

  • The Transportation contract is concluded, if the Carrier doesn’t expres disapproval within 2 hours during working hours from the time of delivery via electronic post, or confirms the order in written form, alternatively confirms the bill of carriage or CMR bill of carriage and the Carrier is obliged to carry out the ordered transportation for the Sender according to the agreed terms.
  • The Transportation contract can’t be sent as a document for the driver to the place of loading/unloading, or in any other way misused.
  • If the name of the driver, type and registration number of the vehicle is not stated in the Transportation contract, the Carrier is obliged to announce this to the Sender no later than 2 hours before the loading.

Article III – Rights and duties of the contracting parties

 

  • The Carrier is obliged to perform their activity according to the agreed terms, with professional care, on-time and with quality. Within these duties, the Carrier is obliged to take proper care of the goods as well as items received with the goods (for example documentation regarding the order etc.), drive an appropriate means of transportation to the place of loading, which has to be visually in an aesthetic state, has to have a clean loading area, with equipment for the agreed type of transported goods, according to the specifications stated in the Transportation contract. The means of transportation has to be technically eligible to drive on ground means of communication in accordance with the Act of traffic on ground means of communication as currently applicable for the purposes of the Regulation on the conditions for operating vehicles on ground means of communication as currently applicable.
  • The Carrier is obliged to conform to the instructions of the Sender during the process of transportation. If the Carrier did not receive necessary instructions from the Sender, he is required to request them. If there is a possible danger of delay, the Carrier is obliged to continue even without these instruction in a fashion that is in the best interest of the Sender.
  • The Sender is obliged to provide truthful information to the Carrier about the content of the goods, its type and nature, weight and number of pieces.
  • The Carrier is obliged to take part in the process of loading and unloading, taking responsibility for the correct realisation. During the loading process, the Carrier is obliged to check, if the bill of carriage, i.e. CMR bill of carriage contains all required information. The Carrier is obliged to get the bill of carriage during the loading process confirmed, i.e. the CMR bill of carriage (during international transportation) or the record of operation of the cargo vehicle (record of vehicle operation), or a different type of document. Furthermore, the Carrier is obliged to check the amount and weight of the goods, labelling of the goods, uninterrupted packaging of the goods, the state of the goods during loading and the fashion of placement into the vehicle. The Carrier is obliged to check all accompanying documentation relating the goods (like the bill of delivery, pallet tickets for the change of pallets, etc.) and the information provided in them. The Carrier is obliged to ensure accordance of the data provided in these accompanying documents bound to the transported goods with the actual state of the loaded, i.e. transported goods (the amount, true weight, etc.) and at the same time the Carrier is obliged to ensure accordance with the true state of the loaded, i.e. transported goods (its amount, true weight, etc.) with the data about the goods stated in the contract of transportation, i.e. accepted order. In the case of finding out any discrepancy between the actual state of the loaded, i.e. transported goods and the data provided in the accompanying documents bonded with the transported goods, or in the contract of transportation, i.e. accepted order, the Carrier is always obliged to inform the Sender of any discovered differences and request instructions for further action. The Carrier cannot leave the loading area before receiving further instructions from the Sender. If the Carrier does not agree to the instructions, they are obliged to carry out the transportation of the goods as it was agreed in the contract of transportation and in other cases they are obliged to follow the received orders from the Carrier. If the Carrier fails their announcement duty in terms of this point and due to discrepancy with the true state of the loaded, i.e. transported goods and the data in the accompanying documents bonded with the transported goods or in the contract of transportation, i.e. in the accepted order and fails to deliver the entire goods as it was received during the loading process, the Carrier is obliged to pay a contract fine of the agreed amount for transportation to the Sender. If the Carrier fails their announcement duty in terms of this paragraph and delivers the goods as he received them during the loading process, they do so under their own responsibility and whatever possible damages or more loading is on the responsibility of the Carrier. If the Carrier performs the loading of the transported goods in a lesser amount or weight as it is stated in the contract of transport, i.e. in the accepted order, the Sender has the right to ensure supplementary transportation of the part of the goods that were not loaded by the Carrier in accordance to the contract of transportation, i.e. with the accepted order alone or via a third person. The Sender has the right to charge the Carrier the true costs that arose when ensuring supplementary transportation due to the failed loaded goods. This does not affect the right of the Sender to a contract fine due to the non-fulfilment of the announcement duty in terms of this point as well as other rights of the Sender during the loss of goods or exceeding of the delivery time.
  • The Carrier is obliged to warn the customer (i.e. the person the Sender is ensuring transportation via the Carrier – hereinafter as “customer”) of unsuitable goods placement in the vehicle. If the customer does not transfer the goods, the Carrier is obliged to immediately inform the Sender and make a written objection into the bill of carriage, i.e. the CMR bill of carriage. The Carrier is obliged to be equipped with the necessary materials needed to fasten the load (anti-skid mats, protective edges, substantial number of straps, etc.) on the vehicle and the transported goods should be fastened in accordance with the security regulations. The Carrier is obliged to ensure safety of the goods in a fashion, where the risk of damage or loss is eliminated.
  • The Carrier is obliged to inform the Sender of the vehicle arriving at the place of loading. After the loading process, the Carrier is obliged to inform the Sender of the true loaded weight of the transported goods. The Carrier is responsible for the correct realisation of the loading process.
  • In case of an accident or vehicle stoppage of the Carrier or other barrier obstructing the realisation of the transportation, i.e. finishing the transportation with the assigned vehicle, the Carrier is obliged to, without delay and on their own costs, to arrange a different vehicle of the similar parameters. In case of not fulfilling this duty, all costs of the Sender connected with the arrangement of another vehicle will be paid by the Carrier and obliged to pay these costs to the Carrier in the full extent. The Carrier is also obliged to pay a fine of 1/10th of the total transportation price for violating any above-mentioned duty.
  • The Carrier is obliged to carry out all activities according to this contract of transportation on their own. The empowerment or use of a third person for this cause, with the exception of employees of the Carrier fulfilling their duties, is not acceptable without previous written permission of the Sender. If the Carrier violates this duty, he is obliged to pay a contract fine of the transportation fee for every violation. If the Carrier performs the transportation process via another Carrier, the responsibility for damage and loss of the goods remains with the Carrier.
  • The Carrier or a third person is not allowed to use the goods without the written consent of the Sender. Without written consent of the Sender, it is forbidden to transport other goods with the original goods, and the goods cannot be transferred, i.e. loaded or unloaded to a different vehicle. In the case of violation of the above-mentioned restrictions, the contracting parties have agreed on a contract fine of 500,- Euros for every violation.
  • The Carrier is obliged to immediately inform the Sender of any danger of damages, danger of transportation delay as well as any other incidents that have an impact on the correct fulfilment of the contract of transportation. In case of damage, the Carrier is obliged to perform necessary actions and conduct necessary professional care, to minimize the damages and immediately inform the Sender. The Carrier is also obliged to inform the Sender of the loading, clear through the customs and unloading of the goods. After the unloading process, the Carrier is obliged to inform the sender within an hour from the end of the unloading process. If any problems occur during the unloading process, the Carrier is obliged to immediately inform the Sender. Also, the Carrier is obliged to give full and truthful information about the contract fulfilment to the Sender, mainly on the current location of the goods. If there are contact people (managing clerks) of the Sender mentioned in the header of the contract of transportation, the Carrier is obliged to provide information to the contact people (also via telephone) according to this paragraph. If there is any risk of damage to the Sender, the Carrier is obliged to provide telephonic contact of the driver transporting the goods to the Sender. In case of violating any above-mentioned duties, the Carrier is obliged to pay a contract fine of 200,- Euros for every violation.
  • The Carrier is obliged to park at secure places of guarded carparks during the entire process of transportation. The damage occurred if violating this duty, will result in full compensation from the Carrier.
  • If the delay of the loading of the goods in the designated place and/or with the delivery (unloading) of the goods to the designated place by the Carrier exceeds 2 hours, the Carrier is obliged to pay a contract fine of 50,- Euros for every hour of delay by the Carrier.
  • In the case of the vehicle not being present at the loading process, or cancellation of the transportation by the Carrier within 24 hours before the loading process, the Sender has the right to charge a fine of the accepted transportation price.
  • The Carrier declares that by concluding the contract of transportation that they have valid insurance in case of their responsibility for the damage occurred when conducting this contract of transportation, and that the insurance value in case of performing the transportation process with a vehicle to 3,5t is at least 33.000,- Euros, in case of the transportation process with a vehicle to 7,5t is at least 000,- Euros and in case of performing the transportation process with a vehicle to 40t is at least 150.000,- Euros and the insurance value of the valid insurance of the Carrier is at least as high as the value of the transported goods. The value of the transported goods will be announced to the Carrier by the Sender. If the value of the transported goods is not given to the Carrier to the day of the previous day of the transportation, it is the duty of the Carrier to request this value from the Sender. If the Carrier does not fulfil their duty according to the previous sentence, it is accepted that the Carrier was informed of the value of the goods and that by accepting the contract of transportation, the Carrier has valid insurance in case of their own responsibility for the damage occurred when fulfilling this contract of transportation with the insurance according to the first line of this regulation of the GCT of the Sender. The Carrier also swears, that the validity and effectiveness of the insurance contracts do not end before the day of finishing the transportation agreed in this contract. The Carrier is obliged to send a copy of the insurance contract to the Sender via e-mail or faxed if requested. The Carrier is responsible for the validity of all necessary permissions for the transportation, as well as other necessary document needed for the transportation. In case of violating any of the above-mentioned duties, the Carrier is obliged to pay a contract fine of 1000,- Euros for every violation and in case of not fulfilling the duty of minimum insurance coverage agreed in this paragraph, a contract fine of the difference between the insurance coverage amount bonded to the Carrier and the real insurance coverage amount which the Carrier holds. In case of any damage on the goods, the damage will be liquidated by the insurance of the Carrier in the full amount, in which the damage truly occurred, even if it exceeds the limit of responsibility for the damage designated by the CMR bill of carriage.
  • The Carrier is responsible for any goods damages in accordance with the regulations of the CMR agreement and during transportation, which are not in accordance with this agreement, according to the regulations of the Commercial Code and other related legislation regulations of the Slovak Republic.
  • The Carrier is responsible for the technical state of the vehicle, including the dock area and unaffected tarp, as well as the necessary equipment of the crew of the vehicle and their usage (protective helmet, protective glasses, gloves, footwear). The Carrier is also responsible for the realization of the transportation by personnel with the necessary professional qualification. In case of violating any of the above-mentioned duties, the Carrier is obliged to pay a contract fine of 200,- Euros for every violation.
  • The Carrier is obliged not to contact the customer of the Sender exceeding the duties following from this contract of transportation, only if this contact between the Carrier and customer was justified by an existing contract relationship. The Carrier is obliged, not to sign a contract with the customer of the Sender (i.e. the sender, receiver or owner of the goods) in the period of one year from the day of conducting the transportation according to the contract of transportation between the Carrier and the Sender. The Carrier is obliged to protect the interest of the Sender as well as all present parties of the transportation process and keep business confidentiality. In case of violating any of the above-mentioned duties, the Carrier is obliged to pay a contract fine of four times the price of the ordered transportation cost in the transportation contract.
  • In case of quantification and demand of a contract free, the Carrier has the remaining right for a potential insurance payment to be considered as unaffected. By using this right for whatever agreed upon contract fine in this contract, the right of the Sender to claim damage compensation, which exceeds the amount of the charged contract fine is not affected.
  • In case of violating any Carrier duties, which is stated in the contract of transportation, thus in these GCT of the Sender, ensured by a contract fine, the Sender has the right to use damage compensation against the Carrier, without the simultaneous use of the contract fine. The option of choice, if the Sender will use their right for the contract fine to be paid by the Carrier in accordance with article III, paragraph 18 of these GCT of the Sender or the right to pay for the damages belongs exceptionally to the Sender.
  • The contract fine, i.e. the damage compensation is possible to be paid the next day from the day of its validity against the second contract party. The contract fine, i.e. the damage compensation is needed to be used in a written form, so that is clear to understand, what the contracting party means. A written form is considered to be even if the operation is realised in an electronic form. A contract, i.e. a damage compensation is considered to be enforced by the following day, after the day, when the contracting party had the possibility to be notified about the obligation to pay the contract fine, i.e. damage compensation.
  • The waiting time at the loading or unloading in the extent of 24 hours is covered in the agreed price for the transportation. The Carrier has not got the right to request compensation for waiting more than one tenth of the agreed price for the transportation.
  • The Sender has the right to cancel the order of transportation 24 hours at the latest before the contemplated loading of the goods without any sanctions from the Carrier. In case of cancellation in a time period shorter than 24 hours before the contemplated loading, the Sender is obliged to pay a fine to the Carrier of no more than one fifth of the overall price of transportation. The Carrier has not got the right to request compensation exceeding one fifth of the overall price of transportation.
  • The Carrier has not got the right to request damage compensation, which follows from the violation of duties following the concluded contract of transportation in the amount more than one fifth of the price of the agreed transportation price. The Carrier has not got the right to request damage compensation exceeding one fifth of the price of the agreed transportation price, even after the cumulation of several rights following this contract.
  • If pallets (euro-pallets) are used during the process of transportation, the Carrier is obliged to return them in the right amount 30 days at the latest from the day of delivering the goods to the receiver. This is not the case if the Sender instructs the Carrier differently. If the Carrier does not fulfil this duty, the Sender has the right to charge the Carrier a fine of 15,- Euros without VAT/1 pcs (euro-pallet) and a manipulation fee of an amount of 10,- Euros without VAT.
  • The Carrier is obliged to submit all documentation proving the completion of transportation to 14 days at the latest from delivering the goods to the receiver, i.e. from the end of transportation. These documents are mainly: bill of carriage, i.e. CMR bill of carriage, record of vehicle operation (record of vehicle performance), bill of delivery, pallet bills, copies of transport costs, bill of weight or any other documents proving the delivery of goods to the receiver in an undamaged state. In case of the goods falling under customs supervision, the Carrier is obliged to provide copies of the customs documents or the CMR bill of carriage, confirmed by the customs department.
  • The Sender is obliged to pay the Carrier the agreed upon fee for the transportation. This fee contains all additional side fees that are necessary for the correct execution of the transportation.
  • The Carrier bill for the transportation is paid to 60 at the latest from the day of its delivery to the Sender, if it is not agreed upon differently. The maturity date is postponed for the time period, when the Carrier was late with providing the documents stated in paragraph 25 of these GCT of the Sender.
  • In case there is an objection stated in the bill of carriage, i.e. the CMR bill of carriage (or in another document confirming the realisation of the transportation), the maturity for the transportation is postponed till the complaint for replacement by the responsible person is solved.
  • In case the Carrier bill for the executed transportation or any other document according to paragraph 25 of these GCT of the Sender will contain error in written, calculated or other mistakes or wrong data, or the Carrier will deliver wrong or incomplete documents, the Sender has the right to sanction the Carrier with a fine of 10,- Euros lump sum for every wrong or incomplete document and the Carrier is obliged to pay this fine.
  • The contracting parties have agreed that the Carrier does not have restraint rights or additional rights to the good, not even in the case of ensuring the claims of the Carrier towards the Sender from the contract of transportation. The Carrier is always obliged to deliver the goods to the receiver. The restraint right or additional rights to the goods do not belong to the Carrier.
  • The Carrier is obliged to pay a minimum wage to the driver, who as an employee of the Carrier executes the transportation in accordance with the law of the minimum wage valid in all countries, which he/she crosses during executing the transportation according to the contract of transportation. The Carrier is also obliged to fulfil their announcement duties and duties in the area of creating and providing documentation properly and in time towards the departments of individual countries as amended by the act of minimal wages. The Carrier is obliged to sufficiently prove these duties as amended by this article of the GCT of the Sender. In case of a violation of the duties of the Carrier according to this article of GCT of the sender and a sanction will be given or drawn consequences for the damage, the Carrier will be held responsible and obliged to pay the sanction or for the damages in full extent. In case of any claims of third party against the Sender, created due to the violation of the law of minimum wages from the Carrier, the Carrier is obliged to satisfy these third parties alone. The Carrier also has this duty against claims from the departments of the social insurance and finance departments. In case the Carrier executes the transportation using a third party, another Carrier (see article III, paragraph 8 of the GCT of the Sender), the Carrier is obliged to ensure and prove that this party is capable to properly and in time fulfil all its duties following the law of minimum wages. If this third party fails to execute any of its duties following the law of minimum wages, the Carrier will be held responsible, and has to pay the sanctions or damages in full extent. By using a third party for the execution of transportation, the Carrier is not free of the duties and responsibilities of the rules of this paragraph of these GCT of the Sender. The contracting parties have agreed that in case of violation of any responsibilities stated in this paragraph of these GCT of the Sender, the Sender has the right to sanction the Carrier with a fine of 200,- Euros for every violation.
  • The Carrier promises, that with all claims of the Sender towards the Carrier from the title of executed transportation, the period of limitation extends to 10 years from the time of the first period of limitation to come into action.
  • The Carrier is obliged to send the confirmed documents together with the bill to the address of the Sender: BS Šped s.r.o., Drevárska 1649/23, 902 01 Pezinok

Article IV- Final provisions

 

  • The Carrier has not got the right to transfer their claims towards the Sender from the contract of transportation to a third party.
  • Any disputes between the Carrier and Sender from the conclusion of the contract of transportation, will try to be solved by the contracting parties by extrajudicial means.
  • All legal relationships created between the Contracting parties, created on the basis of the contract of transportation including the relationships related with the conclusion of the contract of transportation is always in accordance with the regulations of the Slovak Republic and the international contracts, which are superior to the regulations of the Slovak Republic. The decisive law is always Slovak.
  • We approach the protection of personal data in accordance with the valid Slovak legislation, mainly in accordance with act no. 18/2018 about the protection of personal data and change and amendment of other acts (hereinafter as “Act of protection of personal data”) and the European legislation.
  • These GCT of the Sender are drawn up in Slovak, English and German – all 3 language versions are equal. In case of unclarities, i.e. contradictory interpretation of the regulations of these GCT of the Sender in the English or German language, the commercial-contractual relationships between the Sender and the Carrier abide to the GCT of the Sender in the Slovak language.
  • These GCT of the sender are valid from the 1.1.2019. All changes and amendments of these GCT of the Sender are valid from the day of their publishing and availability on the web page of the Sender.

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