GENERAL TERMS AND CONDITIONS
OF FREIGHT FORWARDING SERVICES (for Clients)
(hereinafter referred to as the “GTCC”)
§ 1. Definitions
EVO Transport – EVO Transport sp. z o.o., with its registered office in Warsaw, ul. Modlińska 73 c/61, 03-199 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under number 0000901008, NIP: 7011034271.
Client – an entity for whose benefit EVO Transport provides freight forwarding services. Depending on the nature of the commissioned activities, the Client may also be the consignor or the consignee of the shipment.
Contractor – subcontractors of EVO Transport, further freight forwarders, carriers, or other persons or entities engaged by EVO Transport in the performance of freight forwarding or carriage services.
GTCC – these General Terms and Conditions, which constitute, to the appropriate extent, an integral part of the Contract concluded between EVO Transport and the Client.
Contract – an agreement concerning the performance by EVO Transport of freight forwarding services (organisation of transport) for the Client.
Parties – EVO Transport and the Client jointly.
§ 2. Freight Forwarding Services Agreement
The Contract is concluded upon acceptance by EVO Transport of the offer submitted by the Client for the performance of freight forwarding services. Acceptance of the Contract shall take place through the exchange of electronic or documentary correspondence between the Parties.
By accepting the offer or placing an order with EVO Transport, the Client accepts these GTCC, which constitute an integral part of the Contract.
The subject of the Contract is the entrustment by the Client to EVO Transport of the organisation of transport along a route agreed between the Parties, understood as the dispatch or receipt of shipments or the provision of other services related to their carriage.
Due to the nature of the Contract, the Client hereby consents to EVO Transport entrusting the performance of the service, in whole or in part, to Contractors holding the required authorisations (licences, permits) and valid civil liability insurance.
The Client acknowledges that EVO Transport does not accept settlements by way of credit notes. The Parties agree that remuneration for the performed services shall be settled solely on the basis of a VAT invoice issued by EVO Transport.
The Client hereby agrees to the transhipment of the goods entrusted under the Contract by EVO Transport or the Contractor, which shall include in particular:
-transfer of goods to another means of transport,
-carriage of goods by ship or ferry,
-changing the tractor unit carrying the trailer with the goods,
-repackaging of goods,
-temporary storage of goods in a warehouse.
The activities referred to above are necessary and justified by the nature of the obligation undertaken by EVO Transport and shall not constitute gross negligence. If, due to the nature of the shipment, transhipment is impossible for any reason, the Client is obliged to inform EVO Transport thereof in documentary form prior to handing over the shipment and to obtain EVO Transport’s consent for carriage without transhipment. In the absence of such information or consent, EVO Transport and its Contractors shall not be liable for any damage arising during transhipment.
These GTCC constitute an integral part of the Contract. In the event of discrepancies, the provisions of the GTCC shall prevail over the provisions of the Contract.
The Client shall cease to be bound by the Contract if EVO Transport does not confirm acceptance of the offer within 90 minutes from its receipt. In such a case, the offer shall be deemed rejected.
Any modification of the Contract conditions proposed by the Client after acceptance shall be deemed a new offer, unless the Parties agree otherwise.
EVO Transport is entitled to refuse acceptance of the Contract in any form. Irrespective of any reservations made by the Client, EVO Transport is entitled to withdraw from the performance of the Contract up to 24 hours prior to the planned loading without incurring any contractual penalty or liability for damages.
In the event that transport services are subcontracted, all provisions limiting EVO Transport’s liability contained in the GTCC, the CMR Convention, the Polish Civil Code and the Transport Law Act shall also apply to Contractors.
In the event of any conflict between the GTCC and the Contract or the Client’s regulations, the provisions of the GTCC shall prevail.
The consignor is responsible for the proper preparation, arrangement and securing of the goods, including the use of load securing straps, anti-slip mats, corner protectors and other securing materials appropriate to the type of goods and the vehicle used.
EVO Transport shall not be liable for improper preparation or securing of the goods by the consignor. Any assistance provided by the driver during loading or unloading shall be rendered solely at the risk and responsibility of the consignor or consignee.
EVO Transport may refuse to perform the carriage while retaining the right to compensation for vehicle deployment if, in particular, the goods are improperly secured, incorrectly prepared, visibly damaged, excluded from carriage, or inconsistent with the Contract.
§ 3. Cargo Restrictions and Client's Obligations
The following shipments shall not be accepted for carriage:
cash, securities, and other documents of a payment nature;
goods of significant value (i.e. jewellery, works of art, antiques, numismatic items, etc.);
weapons and ammunition;
pyrotechnic products;
perishable goods requiring special transport conditions;
chemically and biologically active goods;
animals, human remains and animal remains;
narcotic drugs and psychotropic substances;
medicinal products requiring special transport conditions;
other goods which, due to their properties, may pose a threat to the health of persons coming into contact with them or may damage or destroy other shipments;
goods subject to the Act of 9 March 2017 on the road transport monitoring system for goods (SENT);
tobacco products subject to the Act of 5 July 2018 on the protection of health against the consequences of the use of tobacco and tobacco products;
other goods whose carriage is prohibited under applicable provisions of law.
For the purposes of these General Terms and Conditions, goods of significant value shall mean:
a) goods whose net value (i.e. excluding VAT) exceeds, when converted, the equivalent of 8.33 SDR per each kilogram of gross weight, regardless of the total value of such goods;
b) goods whose total net value exceeds the equivalent of EUR 200,000, regardless of the value calculated per kilogram of gross weight.If the value of the goods is not expressed in euro, for the purpose of determining whether the value of the goods exceeds the limits specified in section 2(a) or 2(b) above, such value shall be converted into PLN in accordance with the average exchange rate announced by the National Bank of Poland, applicable on the date of conclusion of the Contract.
Subject to section 5 below, where the Contract concerns the carriage of any category of goods referred to in sections 1 and 2 of this paragraph, the Client shall be obliged to obtain the individual and explicit consent of EVO Transport, expressed at least in documentary form. In such a case, the Client shall be obliged to provide EVO Transport with detailed instructions regarding the cargo, including its quantity, type and value, as well as recommendations concerning the carriage.
In the absence of obtaining EVO Transport’s consent or failure to provide the relevant instructions referred to above, the liability of EVO Transport shall be limited to the amount specified in § 5 section 5.
EVO Transport shall under no circumstances accept shipments for carriage if such carriage would violate provisions of law, in particular the Civil Code, the Transport Law, or the CMR Convention.
EVO Transport shall also not accept shipments containing military goods or other goods subject to prohibitions or requiring licences, authorisations or permits (such as dual-use goods or weapons) for the purposes of import, export, transit or transfer, in accordance with export control regulations, sanctions regulations, or other regulatory restrictions.
In the event of commissioning the carriage of goods subject to monitoring, the conclusion of the Contract shall additionally require the Client to fulfil the obligations arising from the Act of 9 March 2017 on the road transport monitoring system for goods and the implementing regulations issued thereunder, including the submission of a notification to the Register, obtaining a reference number for such notification, and providing EVO Transport with that number together with the electronic key securing access to the notification (within the meaning of the above-mentioned Act and implementing regulations), intended for EVO Transport.
In the event of dispatching a shipment which EVO Transport does not accept for carriage pursuant to section 1 above, while failing to obtain the consent referred to in section 4 above, the Client shall be obliged to fully compensate any damage incurred as a result thereof, in particular damage related to environmental contamination.
In the event of commissioning the organisation of carriage of shipments subject to customs obligations, where the preparation of customs documentation by EVO Transport is not the subject of the Contract, the Client shall be obliged to provide EVO Transport with complete and correct documentation enabling the lawful carriage of such shipment. In the event of a breach of this obligation, the Client shall be obliged to fully compensate any damage incurred to the assets of EVO Transport or the Contractor.