GENERAL CONDITIONS OF COOPERATION
WITH SUBCONTRACTORS OF TRANSPORT ORDERS
Terms of Cooperation in PDF format for download here.
These General Terms and Conditions of Cooperation (hereinafter referred to as “GTC”) apply to all transport order contracts concluded between the entrepreneur ordering the performance of road haulage services, i.e. Filip Ossowski, running a business under the name P.W. OSA Filip Ossowski, Pałuczyna 16, 88-160 Janikowo, NIP: 5562534063 (hereinafter referred to as the “Carrier”), and entities performing the transport order (hereinafter referred to as “Subcontractors”).
I. General conditions for concluding the contract.
1. The performance of transport services commissioned by the Carrier to Subcontractors takes place on the basis of these GTC, arrangements of the parties contained in the transport order and on the basis of generally applicable law.
2. Each Subcontractor of the Carrier’s orders agrees to apply these GTC to the contracts concluded with him, to the extent not covered by individual agreements of the parties.
3. The performance of individual orders by Subcontractors must take place using a vehicle that meets all the technical requirements provided for by law and equipped with:
– materials enabling proper securing of cargo,
– satellite monitoring system,
– measures to ensure that the vehicle and cargo are properly secured against break-ins and theft,
and by an entity with appropriate permits for domestic / international road transport of goods – depending on the type of order accepted for execution. The subcontractor should also have a current and paid civil liability insurance (OCP) insurance policy with a guaranteed sum equal to at least the value of the transported cargo in the event of its declaration.
4. The subcontractor is obliged to ensure constant communication with the driver performing the transport and to provide – at the request of the Carrier – detailed information on the location of the vehicle transporting with the use of satellite data and to enable its inspection.
5. A subcontractor who is each Contractor of an accepted order is obliged to ensure the required cargo insurance.
6. The contract for the performance of transport services between the Carrier and the Subcontractors is concluded when the Subcontractor confirms the acceptance of the order or takes steps to perform it. In the case of Subcontractors remaining in permanent business relations with the Carrier, the lack of a written refusal to accept the order within 30 minutes from the date of receipt of the offer is considered as acceptance of the order for execution with simultaneous acceptance of its terms.
7. For the purposes of arrangements regarding the remaining entities in “permanent economic relations”, it is assumed that such a nature of cooperation will be determined by the conclusion of at least three transport orders between the Carrier and the Subcontractor.
8. An integral part of the contracts concluded between the parties are the arrangements for the performance of the order made by the parties in the form of e-mail or using the TRANS messenger.
9. Correspondence sent by e-mail or using the TRANS messenger has the same probative value and the same importance as the correspondence sent by registered mail.
II. General conditions for the performance of the contract.
1. Persons acting on behalf of Subcontractors, present during loading operations, are obliged to check the quantity of goods and the quality of packaging of the goods being transported. Any reservations regarding the condition and quantity of goods should be absolutely recorded on all copies of the bill of lading / CMR. Notwithstanding the foregoing, the Subcontractors should immediately notify the Carrier of any reservations regarding the quantity of the goods to be loaded or its damage (before the driver’s departure from the loading place).
2. In the event of damage to the load taken during loading or unloading activities by the entities performing loading / unloading, as well as in the event of damage to the load taken during the performance of further activities in the implementation of the Carrier’s orders accepted by Subcontractors, persons acting on behalf of Subcontractors are obliged to determine and prepare protocol status of the cargo confirmed by the Consignor or the Recipient of the cargo.
3. Subcontractors do not have any rights to make declarations of will on behalf of the Carrier influencing the content or the possibility of modifying the content of the concluded contract of the transport order and any other arrangements and conditions constituting it.
4. Subcontractors undertake to train their employees and to provide them with all explanations and instructions that depend on obtaining them, which depends on the correct execution of transport orders accepted by them from the Carrier.
5. Subcontractors undertake to undertake all activities aimed at ensuring the conditions for the execution of the orders accepted for execution, and in the event of events posing a threat or causing damage to the cargo taken, to undertake all activities necessary to secure it and limit the extent of the damage.
6. Entities performing transport on behalf of Subcontractors are required to park only in guarded car parks. Stops resulting from the obligation to comply with the regulations on working time standards for drivers may only take place in car parks located at facilities such as a motel, hotel, 24-hour gas station or customs office, provided that the driver makes a stop while remaining in the vehicle.
7. In the event of circumstances or events causing difficulties in the performance of transport, Subcontractors are obliged to immediately inform the Carrier about it in writing, as well as by phone. A special obligation is to report the following situations:
a) refusal to release / accept the cargo covered by the order at the place of loading / unloading,
b) finding that the goods are not prepared for loading within a given time or within the time frame resulting from the order, subject to notification after 1 hour from the time specified in the order,
c) cargo prepared for loading differ from the designation and characteristics resulting from the transport order or other transport documents, in particular in terms of its quantity, size, weight or packaging method,
d) cargo prepared for loading do not have packaging or it is – taking into account the characteristics of the cargo – insufficient, damaged or is in a condition not suitable for transport,
e) finding any discrepancies between the transport order and the bill of lading.
8. This obligation covers primarily police checks, border guards and other events that may delay the loading or unloading of the goods in relation to the time and date resulting from the terms of the accepted order.
9. The Carrier reserves the right to change the conditions concluded with the Subcontractors of transport orders by changing the place of loading / unloading or changing the size or weight of the transported cargo, regardless of the fact that this change will result in the Subcontractor increasing the kilometers necessary to cover the execution of the order, as well as independently the size and weight of the transported cargo, with the proviso that if:
– the number of kilometers to travel exceeds 100 km
– the size or weight of the transported cargo will increase in such a way that it will significantly affect the costs of transport
Subcontractors will be entitled to a remuneration increased by 3% of the freight.
10. In the event of circumstances resulting in the Subcontractor having to stop at the place of loading / unloading, the Subcontractor is obliged to immediately inform the Carrier of this fact in writing as well as by phone. In order to obtain the “parking” payment – apart from the condition of notifying the Carrier referred to above – it is necessary to present a parking card stamped and signed by the shipper or the recipient of the goods. Parking is charged only after 48 hours from arriving at the place of loading or unloading and it is a maximum of PLN 500, provided that the paid parking does not include public holidays and non-working days.
11. Subcontractors of orders placed by the Carrier are strictly prohibited:
a) granting further orders in the performance of transport resulting from the Carrier’s orders, and thus the use of other entities in the performance of the ordered transport, unless the Carrier agrees to the above in writing after having previously informed the Subcontractor of such intention in writing,
b) reloading goods that are the subject of the Carrier’s orders, as well as reloading shipments marked as SOLO, without the Carrier’s written consent.
12. The quality standards in force in the Carrier’s company and the form of cooperation with its contractors regarding the timely execution of transport orders mean that full and partial loads are treated equally in the scope of possible burdens related to failure by Subcontractors to meet the deadlines resulting from orders for their implementation.
13. In the event of objections made by the Carrier’s contractors in the complaint procedure or claims related to non-performance or improper performance of transport, the Carrier may request the Subcontractor in writing to provide written explanations relating to the circumstances or events raised in the complaint within 3 days.
14. In the event of a complaint, the carrier may require Subcontractors to provide documents the submission of which is necessary to examine objections or claims made by contractors.
15. The Carrier may – taking into account the type and nature of the objections or claims related to the implementation of a given transport order – withhold the payment of the Subcontractor until the case is examined under the complaint procedure, in compliance with the time limits provided for by law.
16. The Carrier has the right to cancel a transport order if the service cannot be provided for reasons beyond the Carrier’s control. Financial liability towards Subcontractors is excluded in this state.
17. The subcontractor may cancel the order accepted for execution, provided that the cancellation takes place no later than 24 hours before the start of the day on which the loading is to take place. The rules and consequences of the GCC apply to the subsequent cancellation of the order.
III. General terms of payment.
1. The condition for the payment to be made is to send to the Carrier’s address a set of documents confirming the performance of the transport order in the form of a consignment note / CMR, correctly completed and containing confirmation (stamp, legible signature with date) of the sender and recipient of the goods in two copies together with the accompanying documents specified in the consignment note / CMR and a correctly issued invoice confirming the performance of the service for the price specified in the terms of the order.
2. Subcontractors are required to provide the documents referred to in the above point within 14 days from the date of unloading the goods covered by the transport order to be settled. The above obligation is also fulfilled when on
zadeklarowany adres mailowy wskazany przez Przewoźnika otrzyma on skan dokumentów potwierdzających wykonanie zlecenia transportowego.
3. Payment indicated in the content of the parties’ settlement document in the form of an invoice shall be made within 55 days from the date of delivery of a correctly issued invoice.
4. The remuneration resulting from the terms of the order is final and may not be increased by any additional transport costs, subject to the provisions referred to in point II.8 of the GCC.
IV. Contractual penalties.
1. In the event of failure to perform the contract or performance of the contract not in accordance with the transport order and the terms of the contract not indicated in the order, but agreed by e-mail or correspondence using the TRANS messenger, the Carrier has the right to charge Subcontractors with a contractual penalty in the amount of the agreed freight.
2. In a situation where the performance of the contract contrary to the order and the conditions referred to in the above point consists in failure to meet the loading / unloading deadline, the Carrier reserves the right to charge Subcontractors with a contractual penalty of PLN 1,000.00 for each commenced day of delay up to the amount of freight incl.
3. In the event of cancellation of the order by the Subcontractor later than the period specified in point II.17 of the GTC, the Subcontractor shall pay the Carrier a contractual penalty in the amount of PLN 1,000.00.
4. The above reservations do not exclude the possibility of claiming damages in excess of the indicated contractual penalties on general principles, both in terms of the damage itself and lost profits.
V. Prohibition of competition.
Subcontractors are obliged not to cooperate (submit offers) with the Carrier’s contractors, indicated in the consignment notes, for whom transport orders are carried out, during the execution of the order and 24 months later from the execution of the order, under penalty of payment of a contractual penalty to the Carrier in the amount of PLN 200,000.00.
VI. Information clauses for subcontractors.
1. The administrator of personal data of the Subcontractors and entities that the Subcontractor uses in the performance of the contract is Filip Ossowski, running a business under the name P.W. OSA Filip Ossowski based in Pałuczyna 16, 88-160 Janikowo. These personal data are processed in order to undertake and implement transport order contracts concluded between the Subcontractors and the Carrier.
2. The legal basis for the processing of personal data of Subcontractors and entities it uses in the performance of the contract is Art. 6 sec. 1 lit. b) GDPR. Providing data is not mandatory, but necessary to take appropriate steps prior to the conclusion of the contract and its implementation.
3. The data of the Subcontractors and entities that the subcontractor uses in the performance of the contract will be transferred to the Carrier’s contractors (pursuant to Article 6 (1) (f) of the GDPR), where the legitimate interest of the Carrier is the proper performance of contracts concluded with customers (in terms of: name, surname, business telephone number and business e-mail address, PESEL number or ID card number). In addition, the Carrier will share personal data of Subcontractors with other recipients, provided such an obligation will result from legal provisions.
4. Personal data of Subcontractors related to the conclusion of transport orders will be processed for the period of their implementation, as well as for a period not longer than provided for by law, including the provisions of the Civil Code and the Accounting Act, i.e. not longer than 10 years from the end of the calendar year in which the last contract was performed.
5. Subcontractors are entitled to:
– access to your personal data and receipt of a copy of the personal data undergoing processing;
– rectify your incorrect data;
– request for deletion of data (the right to be forgotten) in the event of circumstances provided for in art. 17 GDPR;
– requests to limit data processing in the cases specified in art. 18 GDPR;
– object to the processing of data in the cases specified in art. 21 GDPR.
6. If it is found that personal data is processed unlawfully, the Carrier informs about the possibility of lodging a complaint with the supervisory body (Office for Personal Data Protection, ul. Stawki 2, Warsaw). In the event of additional information related to the protection of personal data, to exercise the rights of Subcontractors, the Carrier provides the contact at the following address: P.W. OSA Filip Ossowski, Pałuczyna 16, 88-160 Janikowo, tel. 609910064, e-mail address: email@example.com
VII. Final Provisions.
1. In the event that the Subcontractor has a pecuniary claim against the Carrier, the Subcontractor may not transfer the designated claim to a third party without the Carrier’s consent expressed in writing under pain of nullity.
2. In matters not covered by the GCC, the generally applicable provisions of Polish law shall apply, and in this respect, in particular, the provisions of the Transport Law, as well as the provisions of the CMR Convention.
3. The GCC are available on the Carrier’s website www.pwosa.com, as well as at the Carrier’s seat indicated at the beginning.
4. Any disputes arising from the concluded contracts for transport orders to which these GCC apply shall be settled by the court having jurisdiction over the seat of the Carrier.
5. The GCC shall enter into force on April 1, 2020.