Vintre, s.r.o. issues these General Terms and Conditions for Carriers (hereinafter referred to as “GTC”).
1. CONTRACTING PARTIES
1.2 Vintre, s.r.o. , ID No.: 52444252 is a company with registered office at Palánok 4605/5, Nitra, 94901 Slovak Republic, registered in the Commercial Register of the District Court in Nitra, Section Sro, Insert No. 48469/N (hereinafter referred to as “the Customer”).
1.2 The Carrier is a natural or legal person who provides the Services to the Customer on the basis of the Contract Order pursuant to these GTC (hereinafter referred to as the “Carrier”).
2. SUBJECT GTC
2.1 The subject matter of these GTC is to agree and regulate the basic conditions governing the mode of carriage of goods and acts related to the carriage, as well as the rights and obligations of the Customer and the Carrier arising from these contractual relations.
3. SCOPE OF VALIDITY OF THE VOP
3.1 These GTC form part of any Contract concluded between the Customer and the Carrier. Other rights and obligations of the contracting parties not specified in these GTC, the Order, the Contract or the framework contract for the performance of transport shall be governed by the applicable law of the Slovak Republic, in particular the provisions of Act No. 513/1991 Coll. Commercial Code (as amended), the Convention on the Contract for the International Carriage of Goods by Road (hereinafter referred to as the “CMR Convention”), the European Agreement concerning the International Carriage of Dangerous Goods by Road (hereinafter referred to as the “ADR Agreement”) and the European Agreement concerning the Work of Crews of Vehicles in International Road Transport (hereinafter referred to as the “AETR Agreement”), as well as other generally binding legal regulations applicable to international and domestic road transport.
4. EXPLANATION OF TERMS
4.1 An Order is a binding proposal for the conclusion of the Contract sent by the Customer on the Customer’s standard form to the Carrier by electronic mail (e-mail), by fax, in writing by post, by facsimile or handed over to the Carrier in person. All of the above methods of communication shall be deemed equivalent.
4.2 Contract is a contract of carriage between the Customer and the Carrier, whereby the Carrier undertakes to the Customer to transport an item (consignment) from a certain place (place of dispatch) to a certain other place (place of destination), and the Customer undertakes to pay the Carrier a remuneration (price for carriage). The Contract is concluded at the moment of delivery of the Order confirmed/accepted by the Carrier to the Customer, including the proof of contractual insurance of the carrier’s liability for damage caused. By sending the confirmed Order to the Customer, the Carrier confirms that it has read and agrees with the wording of these GTC and that these GTC govern the contractual relations between the Carrier and the Customer. These GTC are an integral part of each Contract. If the Carrier fails to provide cargo insurance with theft insurance valid for the entire duration of the carriage (or for the duration of the carriage) prior to the carriage, the carriage may not be paid for by the Customer. In the event that the Carrier carries out the carriage under the Contract without validly agreed carrier’s liability insurance for the entire duration of the Contract (or for the duration of the carriage) in the amount of at least EUR 2,500 , the Customer shall be entitled to a contractual penalty in the amount of EUR 40,800. The contractual penalty clause shall be without prejudice to the right to compensation for damages.
4.3 The service shall be understood as the provision of the transport of the consignment from the place of dispatch to the place of destination on the basis of the Contract in accordance with these GTC. Under the Contract, the Service may also include the provision of customs clearance of the goods or storage of the consignment by the Carrier.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1 If the Carrier does not confirm the Order within one hour from the moment of its receipt, the Order shall become null and void, unless otherwise agreed between the Carrier and the Customer. If the Carrier confirms the Order, it shall indicate on the Order the registration number of the vehicle or vehicles by which the Order will be executed. If the Carrier submits to the Customer in writing a proposal to amend or supplement the Order, this shall constitute a new draft Contract. If the Customer accepts the new draft Contract, it shall confirm it to the Carrier. The Carrier may confirm the accepted Order in the following ways:
a, by electronic mail to the e-mail address [email protected] or to a specific e-mail address of an employee of the Customer ( [email protected] ), b, by personal delivery at the Carrier’s registered office or branch.
The Carrier is obliged to follow the instructions of the Customer when transporting the consignment, and is obliged to protect the interests of the Customer and the owner of the goods being transported and to carry out the transport professionally, i.e. properly and on time according to the Order. The Customer shall be entitled to dispose of the consignment during the carriage, in particular to demand immediate stoppage of the carriage, change of the place of unloading or delivery of the consignment to a consignee other than the one specified in the Order. The Carrier is obliged to notify the Customer without delay of any circumstances that may affect the proper performance of the Carrier’s obligation to perform the carriage and arise during the performance of the carriage (traffic restrictions, changes in weather conditions, waiting times, etc.). The Carrier is obliged to carry out its activity with professional care and to take care to satisfy the interests of the Customer in a qualitative, economical and diligent manner. Within the scope of these activities, inter alia, the Carrier shall:
a) take proper care of the Consignment entrusted to him as well as of the items he has acquired for the Customer;
b) draw the Customer’s attention to the apparent incorrectness of his instructions or to the contradiction of his instructions with the legal regulations;
c) draw the Customer’s attention to the existence of legal and/or official obstacles to the carriage (e.g., e.g. import and export restrictions, embargoes, etc.);
d) is obliged to immediately notify the Customer of any public law obligations related to the carriage of the Shipment, unless such obligations are demonstrably known to the Customer;
5.2 The Carrier shall be responsible for the proper loading of the Goods and for securing the Consignment against possible damage in transit. The Carrier shall be liable for the consignment throughout the entire period of carriage and shall be obliged to pay for the damage in full in the event of damage to the consignment. Upon acceptance of the consignment for carriage, the Carrier is obliged to verify the accuracy of the data in the consignment note, in particular the quantity and type of goods transported.
5.3 The Carrier is obliged to carry out the transport of the consignment by technically suitable and technically fully capable means of transport and is obliged to ensure the proper professional qualification of its employees who are responsible for the transport of the consignment. For loading, 12 straps, complete slatting, a clean loading area, protective corners and non-slip pads are required. The carrier is obliged to attend the loading and unloading, to check the number of pieces and the marking of the consignment, the apparent condition of the consignment and the manner in which the consignment is stowed on the vehicle. In the event that the Carrier is unable to do so, he shall make a written reservation in the CMR consignment note, not only by numbers but verbally. The Carrier shall also proceed in the case of poor stowage of the consignment, where it shall first notify the consignor and, if the consignor fails to reposition the consignment, the Carrier shall inform the Customer and make a written reservation in the CMR consignment note. The Carrier shall have available at the time of loading the necessary securing materials for securing the cargo, according to the type of cargo stated. Alternatively, he shall secure such material at the time of loading so that the consignment is secured in accordance with the safety regulations. If the Carrier fails to comply with the loading or unloading deadline in domestic freight transport set for a certain hour, it is obliged to pay the Customer a contractual penalty of EUR 70 for each hour commenced, and in the case of a loading and unloading deadline set for a day only, the Carrier shall pay the Customer a contractual penalty of EUR 400 for each calendar day commenced. The contractual penalty provision is without prejudice to the right to compensation for damages. If the Carrier fails to comply with the loading deadline in international freight transport set for a specific hour, the Carrier shall pay the Customer a contractual penalty of EUR 70 for each hour commenced and, in the case of a loading deadline set for a day only, the Carrier shall pay the Customer a contractual penalty of EUR 400 for each calendar day commenced. The contractual penalty provision is without prejudice to the right to compensation for damages. If the Carrier fails to comply with the unloading date (delivery time overrun) in international freight transport set for a certain hour or a certain day, the Carrier shall be liable for damages in accordance with the CMR Convention.
5.4 The Carrier shall comply with all applicable laws and regulations applicable to the carriage performed and shall ensure that its employees are familiar with the contents of the Contract.
5.5 Unless expressly agreed between the parties to the Contract or unless the Customer gives the Carrier prior written consent, the Carrier is not entitled to entrust the consignment to third parties (sub-carriers) for carriage. The Carrier shall not be entitled to reload or change the vehicle registration number during carriage without the prior written consent of the Customer. In the event of a breach of the obligations under this clause, the Carrier undertakes to pay the Customer a contractual penalty of EUR 10 000, without prejudice to the right to compensation for damages.
5.6 The Carrier shall be obliged to ensure that all data concerning the transport performed are duly indicated in the vehicle operation record, i.e. in particular to indicate the date of loading and unloading, the vehicle designation, the driver’s name, the designation of the consignment, including the consignee’s signature. The carrier shall also make a proper indication of all the mandatory particulars in the consignment note/CMR consignment note and the delivery note.
5.7 The Carrier undertakes to allow and arrange loading and forwarding clearance of road freight vehicles no later than 2 hours from the time of arrival of the vehicle at the place of loading of the goods, unless otherwise agreed in the Order. At the same time, the Carrier is obliged to ensure that the loading and unloading is carried out properly and, in the event that mechanisms are required, the Carrier is obliged to provide such mechanisms.
5.8 The Carrier is obliged to protect the trade secrets of the Customer, which are considered to be all information communicated by the Customer to the Carrier in connection with the performance of transports for the Customer, i.e. in particular information about the transports performed, price provisions or the Customer’s clients. The Carrier may communicate the information passed on by the Customer to third parties only if this is necessary for the fulfilment of the purpose of the Contract. The Carrier also undertakes to refrain from any competitive action against the Customer using information obtained in the course of business relations with the Customer. In the event of unauthorised direct contact of the Customer’s customer by the Carrier, the Customer shall be entitled to charge the Carrier a contractual penalty of EUR 3 000 for each individual unauthorised direct contact of the Customer’s customer, without prejudice to the Customer’s right to compensation for damages incurred.
5.9 The Carrier shall immediately report to the Customer if damage to the consignment has occurred or is threatened in the course of carriage and the Customer undertakes to give the Carrier such instructions in due time as would minimise such damage. In the event of damage caused by circumstances in which the Carrier will not be relieved of liability, the Carrier undertakes to claim appropriate compensation from the insurer in a timely manner. The Customer is obliged to provide all possible assistance for this purpose, in particular to provide in due time the necessary documents to prove the amount of the incurred damage, which will be requested by the Carrier.
5.10 The Carrier is obliged to contact the Customer in case of any need for communication about the transport of the consignment. The Carrier shall not be entitled to contact the Customer’s customer or the owner of the goods being transported directly without the prior choice of the Customer. In the event of a breach of this obligation, the Customer shall be entitled to charge the Carrier a contractual penalty of EUR 3 000 for each individual breach, without prejudice to the Customer’s right to compensation for damages incurred.
5.11 The Customer is entitled to withdraw from other, already concluded Contracts, which have not yet been performed by the Carrier, in the event of delay by the Carrier in the performance of the Contract. The Customer is obliged to inform the Carrier immediately in writing of the exercise of this right.
5.12 The Carrier undertakes not to offer transport services for 1 year from the conclusion of the contract of carriage to persons whose identification data has become known to the Carrier during the performance of the carriage. In the event of a breach of this obligation, the Carrier undertakes to pay a contractual penalty of EUR 3 000 for each individual carriage.
6. PRICE AND PAYMENT TERMS
6.1 The price for the carriage of consignments is contractual and is agreed by the parties in the specific Carriage Order or Contract (hereinafter referred to as the “Carriage Price”); unless otherwise stated in the Order, the agreed prices are exclusive of the relevant statutory rate of value added tax (VAT). Any waiting time at loading and unloading, but always a maximum of 24 hours, is included in the transport price. The price for carriage shall only apply in the event of a written transport contract, otherwise the same price for carriage shall be agreed between the Customer and the carrier in the event of a verbal or implied transport contract in the amount of 75 % of the price for carriage agreed in the event of a written transport contract.
6.2 The price for carriage shall include all costs incurred by the Carrier in carrying out the carriage of the consignment pursuant to the Contract, in particular including tolls or charges for entry or passage of the vehicle or other administrative charges and duties. The price for carriage shall also include any delay in loading or unloading the consignment not exceeding 24 hours.
6.3 The Carrier shall be obliged to invoice the Customer for the price for the performance of the carriage under the Contract on the basis of a tax document – invoice issued and delivered to the Customer within 7 calendar days from the completion of the carriage. Completion of the carriage shall be understood as acceptance of the consignment by the consignee in accordance with the Order or the subsequent instruction of the Customer. Invoices are due 60 calendar days from receipt of the invoice with complete shipping documents. If the invoice does not have the usual or in these GTCs specified elements or is not accompanied by the attachments specified in these GTCs, the Customer is entitled to return the invoice to the Carrier for completion or correction. In such case, the Customer shall not be in default of payment of the Carriage Charge and the invoice shall be due from the date of re-acceptance by the Customer. The Carrier is obliged to attach to the invoice documents certifying the carriage of the consignment according to the Order and the CMR consignment note (transport documents), i.e. in particular a duly completed vehicle operating record, the CMR consignment note/waybill and the delivery note, otherwise the Customer is not obliged to pay the Carrier the transport fee. In the event of a reservation made on the CMR consignment note or on the certificate of national carriage of goods, the due date for payment of the freight charges shall be postponed by 30 days; the Customer shall inform the Carrier of this extension of the due date.
6.4 In the event that the Carrier delivers an invoice to the Customer late or without the specified particulars in violation of Article 6, paragraph 6.3 of these GTC, the Carrier shall be obliged to pay a contractual penalty of EUR 80 to the Customer. The Customer is entitled to set off the contractual penalty against the Transport Price.
6.5 The Customer is entitled to unilaterally set off any, even outstanding, claim of the Carrier against the Customer against any, even outstanding, claim of the Customer against the Carrier without the consent of the Carrier. The Carrier shall not be entitled to unilaterally set off any claim of the Carrier against the Customer without the consent of the Customer. The Carrier shall not be entitled to assign any of its claims or demands from other business relations between the Customer and the Carrier against the Customer.
7. DISPUTE RESOLUTION AND FINAL PROVISIONS
7.1 Any disputes arising between the Parties shall primarily be settled by negotiation between the Parties out of court on the basis of mutual communication in order to maintain good business relations. In the event that the Parties fail to resolve the dispute amicably, the dispute shall be settled before the Slovak courts and in accordance with the laws of the Slovak Republic.
7.2 The Customer reserves the right to amend or supplement these GTC, in particular in the event of a change in the related legal norms. The new valid and effective version of the GTC shall be posted by the Customer on its website and at its registered office. With respect to the Carrier, the current version of the GTC shall be effective as of the date on which the Order referring to the new version of the GTC was delivered to the Carrier or as of the date on which the Carrier had the opportunity to become acquainted with the new version of the GTC, whichever is earlier.
7.3 If the Customer and the Carrier have concluded a framework contract for the performance of carriage or otherwise a designated contract of similar importance, the parties shall always be governed by these GTC in matters not expressly provided for in such contract or Order.
7.4 The Carrier hereby grants consent to the Customer to process, as the controller, all personal data relating to his/her person, which he/she communicates to the Carrier in the course of business relations, including the birth number of natural persons and telephone number, in accordance with Act No. 122/2013 Coll., this consent may be revoked at any time in writing by a letter addressed to the Customer.
7.5 These GTC are published 24 hours a day on the website: www.vintre.sk and are available in printed form at the Customer’s registered office.
7.6 These Terms and Conditions shall come into force and effect on 01 December 2022.
Vintre, s.r.o., Palánok 4605/5, 949 01, Nitra, Slovak Republic