1. The GCT listed below constitute an integral part of the order, with Nova Trading S.A. being the Client and the party carrying out the order being the Contractor.
2. The provisions of the CMR convention as well as of the transport law act of 15 November 1984 as amended apply to the order.
3. It is absolutely essential that the Contractor has a valid (as a minimum during the order performance period) carrier's third party liability insurance (CTPL) for a sum insured corresponding at least to the value of the goods accepted for carriage.
4. The Contractor has to fax or email the party ordering with a written confirmation of transportation order acceptance. Failure to give such a confirmation within 2 hours of the order being sent will be considered by the Client as order acceptance. The Contractor is not allowed to use the freight exchange.
5. All and any information related to the order being carried out as well as any information acquired by the Contractor during contract execution is confidential and constitutes business secret. If the Contractor breaches the rule of confidentiality, the Contractor will pay to the Client a contractual fine of 50 000 PLN. The penalty is without prejudice to the right of the Client to pursue claims exceeding the amount of the contractual fine stipulated herein.
6. The means of transportation used by the Contractor to carry out the order has to be fully operational and suitable for the size, weight, and type of the cargo being carried.
7. The Contractor's driver has to be present during cargo loading and check the cargo for any damages and compliance with the order concerned (including the quantity). If any non-compliance or damages are found, the driver has to record the fact on the CMR document or otherwise the driver will not have the right to invoke any non-compliance in this respect in the future. The driver is responsible for securing the cargo on the trailer in such a way as to prevent it from being destroyed, getting wet, or damaged during transport.
8. Due to specific properties of the goods distributed by Nova Trading, the Contractor cannot transport our goods together with carbon steel.
9. The Contractor is liable for proper positioning of the cargo so as to prevent any axial overweight. Upon acceptance of the goods on the vehicle, the Contractor accepts the risk and costs incurred on transportation route due to wrong positioning of the cargo and exceeded acceptable axial load.
10. The Contractor is fully liable for the cargo being carried under the Client's order. The Contractor is also liable for any environmental damages, including among others spillage of fuel or other vehicle fluids, etc.
11. If the Contractor is late with providing a vehicle for loading, the Client has the right to charge the Contractor with a contractual penalty of 100 EUR (international freight) or 100 PLN (domestic freight) for each day of delay. If the Contractor is late with picking up the cargo for more than 12 hours, the Contractor has the right to give the order to another entity. In such case, the Client has the right to charge the Contractor with a contractual penalty equal to the freight rate agreed in the order. The above contractual penalties are without prejudice to the right of the Client to pursue claims exceeding the amount of the contractual fine stipulated herein.
12. Carriage can be performed only and exclusively on roads of national and international standard (identified with one, two, or three figures) except for access roads to destination and loading sites. Vehicle stopover or parking must be arranged within safeguarded and/or monitored parking spaces or on the premises of the unloading or loading companies.
13. In case of any problems, non-compliance or risk of breach of any of the terms and conditions of this order, the Contractor has to immediately notify the Client about the fact. If any delay or damage or non-compliance of the goods is not notified, the freight rate may be reduced by 25%. The above stipulation is without prejudice to the right of the Client to pursue claims exceeding the amount of the contractual fine stipulated herein.
14. Furthermore, the Contractor also has to notify the client about any vehicle change without undue delay, however, not later than the time when the change is made. If no notification is given, the Client has the right to charge a contractual penalty of 100 PLN (domestic freight) or 100 EUR (international freight).
15. The Client authorizes the Contractor to make out an invoice for the transport services referred to above. The invoice needs to specify the order number concerned, the amount of freight in the agreed currency and the exchange rate (if any) as of the loading date. If the information is not provided, the payment term will be extended by another 30-day period.
16. The freight is calculated at the average exchange rate of the National Bank of Poland as of the loading date.
17. Please send the invoice to: Nova Trading S.A., ul. Starotoruńska 5, 87-100 Toruń along with a set of original documents confirming order completion (stamped and signed by the consignee: bill of lading or CMR and delivery note or cargo list) within 14 days of freight completion. If order completion confirmation is not obtained or improper confirmation is obtained resulting in a court refusing to award a claim against the Consignee of the material for this reason, the Contractor is liable for the obligation of the Consignee which was not paid to the Client within the payment term. The payment term of the invoice sent starts on the date the invoice is received along with the required original documents. If the above documents are missing, the invoice payment will be withheld until all the documents have been submitted.
18. The Client has implemented and has in place a certified Environmental Management System acc. to ISO 14001. The Contractor has the obligation to inform the driver about the selective waste collection implemented on the premises of the Client.
19. All and any disputes connected with or resulting from the execution of the contract will be settled by a court competent for the seat of the Client.