GENERAL TERMS OF SERVICES PROVIDED BY TRANSKAP INTERNATIONAL SP. Z O.O.

§ 1 SCOPE OF SERVICES

1. This General Terms of Services shall apply to all agreements concluded with TRANSKAP INTERNATIONAL SP. Z O.O. based in Jerzykowo (hereinafter referred to as “TRANSKAP”) in relation to national and international land transport and forwarding services.
2. TRANSKAP provides professional transport and forwarding services for its Clients as a part of its activities.
3. TRANSKAP obliges to exercise due diligence in realizing commissioned transport and forwarding services.
4. Subject to the wording of this General Terms of Services, TRANSKAP shall bear all responsibility according to the provisions of the Civil Code regarding forwarding agreement. If TRANSKAP provides transport services on its own, in regard to the whole or a part of the forwarding service, it shall be granted thereto the rights of a carrier which are stipulated by provisions applicable for a specific type of transport.
5. It is forbidden to use in any form the logo and name of TRANSKAP without TRANSKAP’s prior written consent. Illegal use of the logo or name will be a breach of protection right granted for TRANSKAP’s trademark and entitles TRANSKAP to pursue relevant claims from the person responsible for such a breach.

§ 2 EXCLUSION FROM PROVIDED TRANSPORT AND FORWARDING SERVICES

1. TRANSKAP does not provide transport and forwarding services in regard to: - consignments that are wrongly packed or secured for transport purposes, - living animals, animal and human remains, - drugs and psychotropic substances as well as tobacco products, goods requiring special transport conditions, - weapons and ammunition, - valuable items, in particular: values and cash, IDs, securities, jewellery, artwork, antiques, numismatics, collections etc. - consignments that require separate permits, concessions or their transportation is prohibited by law, - consignments that upon contact have the potential to pose a threat to health or life of humans or animals or may damage other goods or any means of transport or tools used to handle them, except for dangerous goods under ADR Agreement, - strategic goods within the meaning of the Act of 29.11.2000 on foreign trade in goods, technologies and services of strategic significance for state security, and the maintenance of international peace and security, as amended.
2. TRANSKAP does not accept for transport or forwarding, unless agreed otherwise in a separate agreement, the following: - consignments containing chemically active and biologically active goods, except for consignments containing dangerous goods under ADR, - consignments requiring special equipment to handle them, - consignments containing or being perishable products, - consignments of goods whose physical and chemical characteristics change in time and therefore require special transport requirements.

§ 3 ACCEPTANCE AND REALIZATION OF ORDERS

1. The Client obliges to properly issue an order containing all information needed by TRANSKAP for its execution, provide TRANSKAP with all documents necessary for the execution of the order, properly fill the consignment letters, load and secure the consignment in accordance with the law and transport process requirements, load the consignment timely and in a way enabling TRANSKAP to perform the service properly.
2. The Client is responsible for indicating in the order or otherwise statements that are incompatible with reality, wrong, incomplete or typed in the wrong place as well as for the lack, incompleteness or incorectness of the documents required under the specific provisions, defective condition of the consignment, improper packaging or labelling, incorrect indication of the type or size (weight) of the consignment, delayed loading of the consignment onto the delivered transport vehicle and delay in the execution of the order resulting from reasons attributable to the Client or Consignor as well as for the consequences of additional instructions given to TRANSKAP during the execution of the order if they could impact the increase of its realisation costs. TRANSKAP is not responsible for improper performance of any activities by the Consignor or the Client.
3. If the Client requests to change the date of delivery of the transport vehicle, the type of vehicle or any other relevant conditions of the order or in case of a failure in realization of the order which is caused by the Client, the Client is obliged to notify those changes to TRANSKAP in writing. The costs incurred by such activities shall be borne by the Client. TRANSKAP has the right to refuse or suspend execution of the order if such changes prevent TRANSKAP from performing the requested service properly.
4. The order should be sent by fax or by e-mail.
5. TRANSKAP shall take care of delivering the consignment from its place of sending to the place indicated in the order.
6. TRANSKAP reserves the right to verify the parameters of the consignment, i.e.: packaging, number of pieces, weight, dimensions, packaging codes. Any discrepancy between the data provided by the Consignor in the order documents, CMR and the actual state of the consignment will be a basis to change the pricing for the ordered forwarding service or to refuse its realization. TRANSKAP reserves the right to charge the Client with the costs of wrong data correction in accordance with the Additional Fees Price List.
7. For any delay at the time of loading or unloading resulting in waiting of the vehicle that is not caused by TRANSKAP, the Client is obliged to pay TRANSKAP an additional fee, in accordance with the Additional Fees Price List.
8. In case of cancelling the order after commencing with the transport or forwarding service, TRANSKAP is entitled to charge the Client with an additional fee, in accordance with the Additional Fees Price List.
9. If the Consignee refuses to receive the consignment for any reason or the Client decides to return the consignment to the place of sending or other place indicated by the Client, this shall be treated as an order to change the conditions of transport or forwarding service and the Client is obliged to pay the remuneration for such a service realized by TRANSKAP. If the necessity of changing of the conditions of transport or forwarding service is caused by TRANSKAP, the Client is entitled to claim remuneration within complaint proceedings.
10. TRANSKAP is not responsible for the completeness of the consignment documents and their content. Unless the order clearly stipulates otherwise, the documents delivered by the Client or the Consignor are not subject to verification by TRANSKAP. The Client or the Consignor is responsible for any damage caused by the lack, inadequacy or incorrectness of those documents and information.
11. TRANSKAP’s representative delivering the consignment has the right to verify the identity of the Consignee or the person indicated by the Consignee to receive the consignment, including checking their identity card.

§ 4 ACCEPTING THE GOODS FOR TRANSPORT OR FORWARDING

1. All consignments are accepted for forwarding on the basis of a proper consignment document issued by one Consignor for one Consignee, unless clearly stipulated otherwise in the transport of forwarding order.
2. The Consignor is responsible for filling the consignment document correctly, unless clearly stated otherwise in the transport or forwarding order.
3. The Consignor is obliged to label and secure the consignment appropriately for the time of the transport, the packing number shall correspond to the information included in consignment document and in the transport or forwarding order.
4. Consignments intended for forwarding shall be packed appropriately regarding the forwarding type. The packing shall:
   1. secure the consignment against damage that may occur due to usual external forces during the transport-forwarding process,
   2. prevent access to the content of the consignment and make it possible to declare access to it,
   3. be safe for life and health and other consignments,
   4. be additionally protected from damage if the packaging is also a commercial packaging,
   5. in the case of dangerous goods, the packing should be properly selected for the contents of the consignment in accordance with ADR provisions. The Consignor is responsible for the correct preparation of the consignment for forwarding in a way that allows it to be properly transported and ensures the security of the remaining consignments.
   6. be durable enough in respect to the weight and contents of the consignment, have appropriate internal and external security and signs indicating appropriate handling of the consignment.
5. TRANSKAP reserves the right to refuse taking consignments indicated in the order if their condition is defective, packaging is insufficient, incompatible with the requirements of the law or this General Terms of Services. When receiving a consignment for transport or forwarding, TRANSKAP is not obliged to verify the condition and number of packing units inside of the consignment. TRANSKAP may refuse to accept consignment for transportation or forwarding if its packaging does not enable a fair and secure realisation of the service, while maintaining the right to full remuneration like for realised service. In such a case, acceptance of the consignment for transportation or forwarding without reservations, cannot be understood as acceptance of material liability for the consignment by TRANSKAP acting as a professional entity.
6. TRANSKAP reserves the right to check the contents of the consignment in presence of Client’s representative or a third party, at any time from the moment of acceptance for transport or forwarding until the delivery to the Consignee, in order to verify the contents of the consignment with the data indicated in the consignment documents.
7. If TRANSKAP accepts a consignment that does not corresponds to the requirements indicated in this General Terms of Services, all risks and liabilities arising therefrom shall lie with the Client.

§ 5 PAYMENT METHODS AND DATES

1. Payments for the provided services shall be made on the basis of invoices issued by TRANSKAP, within 45 days from the date of issue of the invoice, by a bank transfer to TRANSKAP’s account. A different date of payment is acceptable, however, it must be agreed in each case within an Agreement between TRANSKAP and the Client.
2. The fees for the Additional Services shall be charged in accordance with TRANSKAP’s current Additional Fees Price List, appropriate for a type of transport or forwarding service provided.
3. The fees for TRANSKAP’s services shall be subject to VAT tax at statutory rates.
4. The Client is not entitled to deduct the amount of any claims for damages against any receivables of TRANSKAP.

§ 6 TRANSKAP’S LIABILITY

1. TRANSKAP is responsible for the goods from the time of its acceptance for transportation or forwarding confirmed in the consignment documents until they are delivered to entitled Consignee.
2. TRANSKAP is not responsible for any decrease, loss or damage of goods caused because of the Consignor, the Consignee or the Client, in particular resulting from the lack or defective packaging of the goods as well as from manipulation, loading, placing or unloading of the goods.
3. TRANSKAP is not liable for damages or losses of the goods if the packaging prevented the quality of the consignment from being checked at the time of acceptance of the goods for transport or forwarding or prevented intact delivery of the goods and at the time of delivery to the Consignee the packaging had no outside traces of disturbance. If TRANSKAP’s representative will not be able to verify the condition of the packing or the security of the goods at the moment of sending the consignment, TRANSKAP shall not be liable for any damages resulting therefrom.
4. Acceptance of the goods by the Consignee without any reservations causes all claims for damages due to loss or damage of the goods to expire in respect to TRANSKAP.
5. TRANSKAP may unload the consignment at the expense of the Client if the Consignee refuses to receive it and the Consignor fails to provide TRANSKAP with instructions as to the further proceeding. In such a situation TRANSKAP is responsible for the custody of the consignment in accordance with applicable provisions. The custody of the consignment is made at the cost and risk of the Client.
6. The Client is obliged to remunerate TRANSKAP for damages caused by:
   1. providing incorrect, unclear or incomplete information about the consignment and its content;
   2. incorrect packing or labelling;
   3. improper loading or arranging of consignments in transport unit done by the Client or the Consignor;
   4. harmful properties of the content of the consignment which TRANSKAP was unable to foresee;
   5. errors committed by the Client or the Consignor, as a result of which TRANSKAP is obliged to pay customs duty, tax or lodge a security or incur costs of a transhipment.

§ 7 COMPLAINTS

1. Any complaints shall be made to the TRANSKAP’s branch in Poznan. Complaints may also be submitted electronically in a way previously agreed with TRANSKAP.
2. All complaints regarding provided services must be made in writing promptly, but not later than 14 days from the date of receipt of the goods in case of loss or damage to the consignment.
3. If the complaint is filed incorrectly or after the above deadline, TRANSKAP reserves the right to refuse its processing.
4. In case of visible damage or partial loss of the goods, a damage report shall be made at the time of delivery of the consignment in the presence of the driver. The damage report must be signed by the Consignee and TRANSKAP’s representative delivering the goods. In the case of any disagreement TRANSKAP’s representative and the Consignee have the right to include comments and remarks in the report.
5. Remarks regarding damages and losses not visible at time of delivery should be submitted to TRANSKAP within 7 days from the receipt of the consignment. Regardless of the above-mentioned deadline, the obligation to prove that the damage or loss of goods occurred prior to the delivery lies with the person making the complaint. If the person making the complaint cannot prove it, the consignment is deemed to have been delivered intact and in the amount indicated in the order.
6. Submitting any supplementary complaint documents, as listed below, should take place within 14 days after requesting the person making the complaint to submit such documents. After this period the claim will not be processed, without the possibility of re-filing it.
7. The basis for initiating the complaint procedure in case of a damage is a submission by an entitled person of a written complaint, defining in particular: the name of the person making the compliant together with the address and contact details, title of the complaint with justification, subject matter of the complaint, type and number of the consignment document, claim amount, gross weight of the damaged or lost goods, current bank account number of the person entitled to remuneration and signature of the person making the compliant.
8. The following documents should be attached to the above-mentioned written complaint:
   1. the original of the consignment document or its copy certified as true,
   2. documents confirming the amount of the claim - the original or a certified as true copy of the VAT invoice, cost calculation or other documents confirming the loss incurred, correcting invoice issued by the Consignor for the Consignee for the reduction of the charge by the amount claimed,
   3. in the case of a violation of the outer packaging, the damage report prepared at the place of delivery of the goods, including a description of losses or damages as well as a legible signature of TRANSKAP’s representative and the person making the compliant,
   4. documents confirming the occurrence and extent of the damage, including photographs with date and time.
9. TRANSKAP reserves the right to request other documents necessary to finish the complaint proceedings, not covered by the list above, which should be delivered to TRANSKAP within 14 days since a request for those documents is made by TRANSKAP. After the expiry of this period, the complaint may not be proceeded with, without the possibility of its re-filing.
10. If the goods are damaged, the goods must be left available for inspection by TRANSKAP or an entity authorized by TRANSKAP to estimate the damage until the end of the complaint proceedings. Disabling the goods from being inspected may result in the complaint being rejected, without the possibility of its re-filing.
11. TRANSKAP will process the complaint as soon as possible, subject to the need for comprehensive consideration and evaluation of the material collected. As soon as the complaint is proceeded, TRANSKAP or its insurer will inform the person making the compliant about the result of compliant proceedings in writing.
12. Submitting a complaint to TRANSKAP does not in any way release from the payment for the transport or shipping services and does not entitle to make any deductions in the context of mutual settlements without prior written consent of TRANSKAP.

§ 8 TRANSPORT OF DANGEROUS GOODS UNDER ADR

1. During the execution of orders regarding dangerous goods, TRANSKAP shall take special care to avoid damage, damage to other consignments, damage to the vehicle, causing danger to the environment and the health and life of humans.
2. The Client obliges to refrain from requesting TRANSKAP to transport dangerous goods which: - do not meet transport requirements specified in ADR provisions; - are specified as prohibited for transportation in ADR provisions; - are specified as prohibited for use, production, introducing into trading and transport on the territory of Poland by law.
3. The Client or the Consignor and/or loader acting on his/her behalf shall bear full responsibility for preparing the consignment for transport properly and in accordance with ADR provisions, including the quality of the packaging and the correctness and completeness of the documentation.
4. If any packing unseals during the execution of the order and/or any dangerous substance is released due to poor quality of the packing given by the Client or Consignor/loader acting on his/her behalf, TRANSKAP shall be entitled to seek remuneration from the Client in regard to all costs and damages resulting from unsealing of the packaging and/or the release of a dangerous substance, in relation to:
   1. criminal sanctions imposed by authorized inspecting bodies;
   2. damage to other consignments, means of transport, transhipment terminals;
   3. complaints about delays in delivering other consignments;
   4. environmental pollution;
   5. loss of health or life of humans;
   6. the cost of the rescue actions, including any required disposal.
5. The Client agrees to unconditionally cover all costs and damages referred to above.
6. If it is stated that the consignment does not meet any of the requirements listed in the “Transport of dangerous goods under ADR” section, TRANSKAP may refuse to accept the consignment for forwarding. In such case, TRANSKAP is entitled to charge the Client with the costs arriving for taking the consignment + 50% of the previously agreed freight.

§ 9 ADDITIONAL INFORMATION

1. TRANSKAP reserves the right to check the contents of the consignment at any time, starting from its acceptance from the Consignor until the delivery to the Consignee in order to determine if its content complies with consignment documents. Such verification may concern in particular: whether the content declared by the Consignor is not subject to exclusion in accordance with § 2 of this General Terms of Services, condition of packaging and internal security of the goods in the consignment.
2. TRANSKAP may carry out transport with the exchange of euro pallets, but only if it is clearly stated in the transport or forwarding order.
3. TRANSKAP may carry out the return/escrow service of the euro pallets to the indicated and predefined address if it is stated in the transport or forwarding order. Pallet Return Service - it consists in returning the pallets actually delivered by Consignee during the delivery to the Consignor. Pallet return services are subject only to Euro-type wooden cargo pallets, that meet the criteria set out in UIC435 Code based on EN13698-1 norm, produced by units entitled by UIC. Acceptable loss is limited to 5% of the pallets covered by the service. Refusal of return of the pallets, confirmed by the Consignee in the consignment documents and/or pallet receipt, is equivalent to execution of the service and results in reducing the number of returned pallets by the number of refusals. TRANSKAP is not obliged to verify the pallets accepted for receipt together with the goods. The Consignor is obliged to prepare the consignment on the return pallets in such a way that they cannot be exchanged without breaking the original packing of the consignment. The pallet return service is performed in regard to one Consignor. When using the pallet return service, the Client is obliged to report TRANSKAP all places from which the consignments will be sent. In case of execution of pallet return service, the Consignee is obliged to give the pallets that meet the standards specified in the current section of this paragraph. If the Consignee refuses to give the pallets or gives damaged pallets, he/she is obliged to confirm this fact by signing a pallet receipt prepared by TRANSKAP’s representative.
4. TRANSKAP is not obliged to verify the quality of the received pallets which will be later returned to the prior indicated address – at the same time TRANSKAP does not accept and will not accept any debit notes issued due to defective or damaged pallets given by the Client.
5. TRANSKAP does not accept and will not accept any debit notes issued due to additional equipment given by the Consignor or loader of the goods due to loading or securing the goods during the transport, unless clearly stated otherwise in the transport or forwarding order together with the amount that TRANSKAP accepted.
6. Discrepancies referred to in sec. 1 of this paragraph may be the basis for a refusal to accept the consignment by TRANSKAP as well as to change the terms of performance of the contract.
7. RANSKAP is entitled to refuse execution of the order if the consignment document is incorrectly filled, consignment is not sufficiently secured for transport, its contents are incompatible with the description in the forwarding order or in other exceptional circumstances.
8. If TRANSKAP carries out the transport by itself, it shall be granted carrier's rights and obligations in international transport pursuant to the Convention on the Contract for the International Carriage of Goods by Road (CMR) of 19.05.1965. (Journal of Laws of 1962, No. 49, item 238, as amended), and in national transport pursuant to the Act of 15 November 1984 – Transport Law (Journal of Laws of 2000, No. 50, item 601, as amended).
9. Any disputes arising in connection with the conclusion and provision of services by TRANSKAP shall be decided on by the court competent for the seat of TRANSKAP.
10. TRANSKAP has the right to amend this General Terms of Services Provided by TRANSKAP at any time, which will not be understood as a change to the contract and does not require any consent of entities bound by the provisions of this General Terms of Services. The amended General Terms of Services enter into force on the day indicated therein and are available on the website: transkap.pl.
11. This General Terms of Services provided by TRANSKAP enter into force on August 1, 2017.