Contract of Carriage
D.L.B. spol. Ltd.
Hamuliakovo 342
90043 Hamuliakovo
ID: 35864257
Contents
- Introductory provisions
- Scope of road freight transport
- Determining the conditions for concluding a cargo transportation contract
- Position of the customer of transport
- Definition of priority transport items
- Definition of items excluded from carriage
- Modification of the relationship between the customer's employees and the carrier's truck crew members
- Conditions for changing the contract and withdrawing from the contract
- Rules of packaging, labeling and handling of goods
- Things related to shipping documents
- Truck crew procedure in case of accident, fire, cargo damage or other emergency during transportation
- Final Provisions
I.
Introductory provisions
- The company D.L.B. spol s r.o. (hereinafter only the carrier) engaged in road transport issues pursuant to § 5 of Act No. 168/4996 Coll. and MDPT SR Decree No. 363/1996 Coll. this transport order for freight road transport.
- This transport order contains all the carrier's conditions necessary for concluding a cargo transport contract and its content in accordance with § 610 et seq. Commercial Act.
- The transport regulations in individual articles and paragraphs contain the provisions of the regulations on road transport relating to freight road transport, the provisions of the Civil Code on the contract for the transport of goods and the provisions of the Commercial Code on commercial obligations and on the contract for the transport of goods.
- The carrier carries out road freight transport in accordance with these transport regulations and in accordance with internationally valid agreements, conventions and their amendments and modifications relating to transport, namely:
II.
Scope of freight road transport
- Freight road transport is the transport of goods and consignments, which the carrier carries out on the basis of a contract for the transport of goods, an order for transport, or another contract, according to the transport regulations and the tariff.
- Freight road transport can only be carried out by vehicles that are designed, manufactured and approved for the transport of goods, according to the international agreement and special regulations.
- The term vehicles means motor vehicles, trailers, trailers and semi-trailers on their own chassis.
- International road freight transport is the transport of parcels in which the place of receipt of the parcel and the expected place of its delivery are located in two different countries. Domestic road freight transport is the transport of consignments in which the place of receipt of the consignment and the expected place of its delivery are located in the same state and at the same time in the state of the seat of the company that owns the vehicle.
- According to the nature of the transport, the carrier transports:
- full truck loads,
- express shipments,
- piece shipments,
- loadings.
- For the purposes of these transport regulations, cargo and accompanying documents for cargo transported to one customer, one consignee, in one trip, regardless of weight, type of cargo and number of loading and unloading points, are considered to be truck shipments.
- A shipment transported together with other shipments, for a second or another carrier, is considered to be loaded.
- The carrier has the right to load additional loads for other and other carriers, as long as the loading space and useful weight of the vehicle allow it. The carrier has the right to decide on the number, volume and weight of the parcels.
- According to the type of transport, the carrier carries out according to its technical base:
III.
Determining the conditions for concluding a contract on cargo transportation
- The carrier is obliged to:
- carry out road transport according to this transport regulation,
- provide, within the scope of provided transport and related activities, other equipment necessary for operation, maintenance, technical inspection, parking of vehicles and for the care of vehicle crews and cargo,
- be insured in case of liability for damage caused by the operation of the vehicles and the activities of the vehicle crews, the sender, the receiver of the goods and third parties,
- ensure that every vehicle used for business purposes has a document of authorization to do business in road freight transport,
- ensure that all vehicles used for business are parked in their own premises or in approved parking lots,
- employ as a transport leader only a person who has a certificate of professional competence.
- With the contract for the carriage of goods, the carrier undertakes to the sender to transport the shipment from a certain place to a certain other place, and the sender undertakes to pay him a fee for the properly performed service.
- Conclusion of the transport contract occurs when the carrier's order is confirmed by the carrier. The order is binding for the carrier, even if it is agreed by phone and confirmed by the carrier by phone. In the case of cancellation of the order by the carrier, the carrier is entitled to compensation for the damage and lost profit, but at least the right to a cancellation fee arises. Cancellation fee in the amount of €150, if the transport was canceled 1 working day (24 hours) before the scheduled delivery of the vehicle for loading, if the order was canceled on the day of loading, the cancellation fee is €200. If the order is canceled after the vehicle has been brought in for loading, the cancellation fee is €250, but the maximum includes the cost of shipping.
- The transportation order can be made in writing (by fax, e-mail) or orally (in person, by phone). In the case of oral and telephone orders, the customer is obliged to confirm the order in writing without the carrier's prompting. In case of disputes, the records of the carrier apply, unless the customer can prove otherwise.
- The transport order must contain all the data necessary for its execution and for the calculation of the transport fee, in particular:
- identification data of the customer (name, address, contact data),
- exact and full name of the bank connection, account name and number,
- exhaustive name and address of the sender, name and contact of the responsible person,
- type of shipment, its contents, packaging, or special conditions for its cargo handling and securing, nature of the item (dangerous, transport temperature at ATP),
- number of pieces of the shipment, total weight, dimensions,
- place and time of loading,
- place and time of customs clearance, clearance,
- required transport routing, or determination of border crossings,
- delivery period, place and time of unloading,
- transportation - agreed price for transport,
- maturity of the invoice. If it is not specified in the order, the due date will be determined by the carrier within 30 days of receipt of the invoice by the customer.
- The carrier will confirm receipt of the order in writing at the request of the customer.
- The carrier is obliged to transport the shipment to the destination with professional care within the agreed period.
- If the carrier is aware of the shipment, he is obliged to deliver the shipment to him, or if according to the contract the recipient is supposed to pick up the shipment at the destination, to notify him of the end of the transport.
- The carrier can fulfill its obligation with the help of another carrier and is liable as if it had carried out the transport itself.
- According to the CMR Convention, the CMR bill of lading is the proof of the conclusion of the transport contract. If the bill of lading is missing, if it has deficiencies, or if it has been lost, this does not affect the existence or validity of the transport contract, and other provisions of this convention also apply to it.
- The bill of lading is issued in three original copies signed at least by the carrier. If the shipment has to be loaded onto several vehicles, or if it is different types or separate types of shipment, the carrier has the right to request the issuance of as many waybills as the number of vehicles to be used, or the number of types or separate parts to be loaded.
IV.
Position of the transport customer
- The customer is obliged to ensure and check all necessary actions at the sender of the shipment before starting the shipment, in particular:
- completeness and completeness of entries in the bill of lading,
- if these are not items excluded from transport,
- correct and safe packaging and labeling of the shipment,
- possibility of examining the shipment before loading by the carrier,
- conditions for determining the weight of the shipment,
- the shipment must not be heavier than the declared weight in the bill of lading,
- the weight of the shipment must be indicated in the bill of lading,
- observing the delivery time,
- conditions for loading the shipment onto the vehicle,
- proper weight distribution on the vehicle, taking into account the permissible load on the axles.
- The sender is responsible for the correctness and completeness of the transport accompanying documents and special documents, for their timely delivery to the carrier, at the latest when the shipment is handed over for transport, and for damages caused to the carrier by failure to fulfill these obligations.
- If there is a risk of confusion of individual pieces of the shipment, the sender is obliged to mark them properly. In the case of shipments of dangerous goods, he is obliged to mark them according to special regulations, according to the ADR agreement.
- If the nature of the shipment requires that it be handled in a certain way during loading, transport and unloading, the sender is obliged to mark each piece with a handling mark for marking transport packages according to STN.
- The sender is obliged to mark the piece shipment with the name and address of the recipient.
- The sender is entitled to request a written confirmation of receipt of the shipment from the carrier. However, the carrier confirms receipt of the shipment only to the extent objectively measurable during loading, according to the condition of the shipment's packaging.
- The sender is liable to the carrier for damage caused to persons on operational means or other shipments due to errors in the packaging of the shipment, as well as for all expenses incurred for this reason, only if the error was obvious or known to the carrier at the time of taking over the shipment and the carrier had no reservations about it.
- The sender is obliged to attach to the bill of lading or make available to the carrier the documents necessary for customs and other official procedures performed before the delivery of the shipment and to provide him with all the information he requests.
- The carrier is not obliged to check whether the documents and information are correct and sufficient. The sender is liable to the carrier for all damages incurred due to non-delivery of documents or necessary information or the documents and information are incomplete or incorrect, unless it is a deficiency caused by the carrier.
- The carrier is obliged to state in the waybill:
- name and registered office of a legal entity or name and place of business, or residence of a natural person of the carrier,
- designation of the transported item,
- indication whether the bill of lading was issued to the bearer or in the name of the recipient, or information that it was issued to her order,
- quantity or weight of the transported item,
- place of destination,
- place and date of issue of the bill of lading and signature of the carrier.
- The sender is entitled to dispose of the shipment, in particular he can demand from the carrier to stop the transport, change the place of delivery or issue the shipment to a recipient other than the one listed in the bill of lading, on the condition that the customer pays the costs incurred in connection with it. This right expires as soon as the second copy of the bill of lading is handed over to the consignee or as soon as the consignee asserts the right to release the consignment. All changes regarding delivery must be made in writing and sent by fax, e-mail with an electronic signature or a scan of the signed order as an attachment to the e-mail, or by telephone, if a written form of the order will subsequently be issued, unless the carrier and the sender agree otherwise.
- The order must contain the following phrase: "We obligingly order from you..." or "We order from you ...". If this does not happen, the carrier's right to compensation for the service rendered is not affected.
- If after the transport contract has been negotiated, the need for transport ceases, the customer is obliged to notify the carrier without delay.
- In the case of non-carried out transport due to a reason on the part of the sender, the compensation equal to the share of the agreed price for the not carried out transport belongs to the number of days needed to carry out the transport, when it was carried out.
- The customer may withdraw from the contract if the carrier's vehicle, without prior agreement, has not arrived within 48 hours on working days from the agreed time.
- When ordering transport, the customer is obliged to inform the carrier of a higher price of the shipment than the normal market price. When transporting goods whose price is higher than €166,000, the customer is obliged to notify and document this value to the carrier in view of the carrier's liability insurance for the transportation of shipments. The costs for additional insurance of the shipment are borne by the customer.
- A transport contract is created between the customer (sender or recipient) and the carrier:
- by accepting the order,
- if it is a transport that does not need to be ordered, then at the start of the transport,
- by taking over the shipment for transport.
- The order is accepted:
- if there is an oral or telephone (e-mail) agreement between the carrier and the sender on the scope, time, price and method of carrying out the requested transport,
- the moment when the carrier confirms receipt of the order to the customer in writing, by fax, e-mail or in another reliable way. If the customer requests such confirmation, the carrier is obliged to comply,
- by the start of the ordered transport by the carrier, unless the order has been accepted according to the previous points.
- If the carrier cannot complete the transport due to facts for which it is not responsible, it is entitled to a proportional part of the transport fee, taking into account the transport already carried out.
- If the recipient of the shipment is specified in the contract, he acquires the rights from the contract when he requests the release of the shipment after its delivery to the destination or after the expiration of the period when it should have arrived there. Claims regarding damage to the shipment are also transferred to the recipient at this moment. However, the carrier will not deliver the shipment to the recipient if it would be contrary to the customer's instructions. In this case, the customer still has the right to handle the shipment. If the customer designates a different person to the carrier as the recipient, this person acquires rights from the contract in the same way as the original recipient.
- By accepting the shipment, the recipient assumes responsibility for the payment of the carrier's claims against the sender for contracts related to the transportation of the received shipment, if the recipient knew or should have known about these claims.
- The carrier has a lien on the shipment to secure its claims arising from the contract as long as it can dispose of it. If several liens are attached to the shipment, the carrier's lien has priority over the liens that arose first, and the carrier's lien has priority over the sender's lien.
V.
Definition of preferentially transported cargo
- Due to the structure of the technical base - fleet, the carrier preferentially transports the following shipments loaded:
- goods stored on pallets,
- goods loaded onto vehicles from the side, back and top,
- goods can be stored on double-decker vehicles,
- food that is subject to rapid spoilage.
- The carrier gives preference to carriers based on special contracts when securing transport needs.
- In special cases of public interest, the carrier may contractually prioritize and determine the range of carriers with priority for transportation.
VI.
Definition of items excluded from transport
- The carrier has the right to exclude from transportation items that, according to special regulations, require special and special security for their transportation, and under the immediate conditions and the state of the technical base, vehicle fleet and personnel, the carrier cannot provide these special conditions.
- Due to the carrier's technical base and specialization, the following items are excluded from transportation:
VII.
Adjustment of the relationship between the customer's employees and the carrier's vehicle crew members
- In matters of cargo transport by road, the carrier acts directly or through its representatives, workers and other persons to the extent of their authorization.
- When carrying out transport tasks, the driver of the vehicle entrusted with carrying out the ordered transport, who is also in a working relationship with the carrier, represents the carrier with the sender, the receiver, when dealing with their employees.
- The driver is authorized within the scope of his work tasks:
- give instructions to the sender's employees in terms of the method, securing and storing the shipment on the vehicle and for the sake of safe transportation,
- perform an inspection of the shipment, its packaging, labeling and security status,
- request the weighing of the shipment with the issuance of a serious ticket,
- state on behalf of the carrier in the consignment note the condition, number, packaging and securing of the shipment,
- sign the receipt and acceptance of the consignment for transport in the bill of lading on behalf of the carrier,
- comment on the damage to the shipment at the sender and receiver as well as make the necessary photo documentation to assess the degree of damage to the shipment,
- represent the carrier in dealings with customs authorities,
- represent the carrier in dealings with the veterinary administration authorities,
- deal with police authorities,
- exclude shipments from transport, unless it meets the conditions of safe and reliable transport.
- Employees and representatives of the customer, sender and recipient of the goods are obliged to:
- load, unload the shipment properly and on time. On time, unless otherwise agreed, means that the vehicle will be loaded and unloaded within 2 hours of the carrier's readiness to bring the vehicle for loading and unloading.
- sign and confirm receipt and intactness of the shipment,
- truthfully and accurately describe the extent and origin of the damage incident, sign the driver's record of the damage incident,
- prove the personal identity and the identity of the recipient of the goods /e.g. storekeeper, management, manager/,
- be helpful in moving the vehicle at the loading and unloading place, give precise instructions to the driver,
- be helpful to the driver in emergency situations,
- ensure correctness and completeness of transport documents and special documents.
VIII.
Conditions for changing the contract and withdrawing from the contract
- Until the shipment has been delivered, the customer can propose a change to the transport contract, in particular the return of the shipment to the sender, its release to another consignee, or to the same consignee at a different place of unloading.
- The recipient of the shipment can propose that the shipment be delivered to him at another unloading point.
- The procedure for proposing a change to a transport contract is similar to when concluding a transport contract.
- If the operating conditions of the carrier allow it, the carrier can comply with the draft contract of carriage.
- Any party may propose withdrawal from the transport contract for the following reasons:
- the ordered transports were not carried out properly by the carrier,
- there has been a gross breach of contract,
- the purpose of the contract has been frustrated,
- there was an additional impossibility of fulfilling the contract.
- Gross breach of the contract of carriage is if the obligee has not fulfilled:
- repeated non-fulfillment of shipment data,
- repeated, timely and properly unannounced change of place of loading, unloading,
- failure to meet the delivery deadline,
- failure to pay the shipping fee by the due date,
- repeated failure to ensure the completeness and correctness of transport documents and special accompanying documents,
- non-observance of the time of loading and unloading of the vehicle by the sender and recipient of the shipment,
- non-reimbursement of downtime of carriers.
IX.
Rules of packaging, labeling and handling of goods
- The sender is obliged to properly and carefully pack the goods intended for transport so that they are not damaged or destroyed during transport, or the carrier's vehicle is damaged or destroyed.
- The goods must be secured in such a way that they do not loosen, spill or damage the quality of the goods and the vehicle during normal road transport.
- The sender must palletize the goods secured by corner elements with strapping. If it is not possible to stack the palletized goods on the loading area of the vehicle, the sender must immediately notify the carrier.
- The sender is responsible for properly marking the goods in terms of their nature, handling, center of gravity, gripping elements, correct storage and transport position, fragility and riskiness of the goods, protection against weather effects. The marking must meet STN requirements.
- If the goods are damaged during transport and the estimated damage exceeds EUR 7000, a representative of the insurance company will be called to the damage as an accident commissioner, with whom the carrier has a goods insurance policy and rather a report on the damage event. The minutes will be signed by the receiver and the driver who transported the shipment on behalf of the carrier and the accident commissioner on behalf of the carrier's insurance company.
- If the goods are damaged or destroyed, the sender has the right to file a claim with the carrier.
- Complaints with the carrier must be made properly and on time.
- The complaint must be submitted in writing. The authorized person must precisely define his requirements and justify them with justification. He must attach documents to the claimed amount. The goods that are complained about must be stored by the recipient of the goods until the conclusion of the agreement on the complaint and its resolution or until the liquidation of the damage event is completed. The carrier has the right to take over the goods, for which he will pay damages in the complaint procedure.
X.
Matters relating to shipping documents
- The sender is responsible for the correctness and completeness of the transport accompanying documents and special documents, and their timely handover to the carrier, who is obliged to hand them over at the latest when the shipment is handed over for transport.
- Transport accompanying documents are:
- bill of lading (CMR),
- invoice of the value (price) of the shipment, specification of the shipment, delivery note,
- document on the handling of the shipment (weighted ticket),
- document on the origin of the goods (EUR 1),
- document on customs clearance and clearance of goods (JCD, JCDd), customs guide,
- document on securing the customs debt in the recipient country,
- T1-T5 transit document,
- veterinary import, transit and export document,
- phytopathological import, transit and export document for transporting goods of plant origin,
- safety instructions for transporting dangerous goods, oversized cargo, perishable food.
- The driver is responsible for handling the transport documents during transport.
XI.
Truck crew procedure in the event of a traffic accident, fire, cargo damage or other emergency during transportation.
- Extraordinary events during shipment transport are:
- vehicle traffic accidents,
- vehicle fire,
- damage or destruction of the shipment,
- theft of a vehicle with a shipment.
- Members of the vehicle crew are in the event of a traffic accident or fire of the vehicle and shipment, injury or sudden illness of the crew members, or in the event of an extraordinary event during transportation in which the lives or health of the crew are at risk, the danger of damage or destruction of the shipment, or its theft, obliged to:
- provide the necessary first aid according to your abilities and possibilities and immediately call for professional medical help and take measures to save people,
- take appropriate measures so that the safety of road traffic, vehicle and shipment is not threatened by an emergency,
- take the necessary measures to save the carrier's and carrier's property, call the fire and rescue services. In the event of damage to goods subject to excise duty and other duties, call the customs service.
- if there is an immediate threat of substantial damage to the shipment and if there is no time to request the sender's instructions or if the sender hesitates with such instructions, the carrier can sell the shipment in a suitable way for the sender's account,
- ensure that the minutes are written with the person who caused the accident,
- notify the extraordinary event to the carrier, the police without delay, if a crime or misdemeanor was committed in connection with the extraordinary event,
- in case of damage or destruction of dangerous goods, respect the safety instructions included in the accompanying documents.
- The carrier will immediately provide a replacement vehicle, the presence of an accident commissioner at the scene of the accident.
- The carrier informs the carrier of the emergency without delay.
XII.
Final Provisions
- This transport order is a part of the proposal for concluding a contract for the transport of goods towards senders and recipients from the day it is published and made available.
- This transport order takes effect on 01.01.2015. All changes and additions to the transport regulations become effective on the day they are approved by the company's executive.
- The carrier is obliged to make the valid transport order available to the carrier in its business premises, or on its website www.dlb.sk.
Shipping order issued by DLB