Waldemar Głuszko – Truck Transport

Terms and conditions for contractors

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GENERAL TERMS AND CONDITIONS OF TRANSPORT CONTRACT

FOR CLIENTS

(hereinafter referred to as: “OWUP”)

§ 1.

Definitions

  1. GŁUSZKO– Waldemar Głuszko, conducting business activity under the name TRANSPORT CIĘŻAROWY WALDEMAR GŁUSZKO”, ul. Główna 6, Miłoszyce, NIP: 9121273405, REGON: 931990281.
  2. Principal– the entity for which GŁUSZKO provides forwarding services. The client, depending on the type of activities ordered, may also be the sender or recipient of the shipment.
  3. Mandatory– GŁUSZKO subcontractors, further forwarders, carriers, other persons or entities used by GŁUSZKO in the provision of forwarding or transport services.
  4. OWUP– these regulations, which constitute, to the relevant extent, an integral part of the Agreement concluded by GŁUSZKO with the Client.
  5. Agreement– an agreement regarding the provision by GŁUSZKO of transport organization (forwarding) services to the Client.
  6. Pages –a collective term referring to GŁUSZKO and the Client.

§ 2.

Forwarding services agreement

  1. The Agreement is concluded upon GŁUSZKO’s acceptance of the Client’s offer to perform the Agreement. Confirmation of acceptance (acceptance) of the Agreement is made through an exchange of electronic or documentary communications between the Parties.
  2. The subject of the Agreement is the entrusting by the Client to GŁUSZKO the organisation of transport on the route agreed between the Parties, which should be understood as sending or receiving shipments or providing other services related to their transport.
  3. Due to the nature of the concluded Agreement described in point 2 above, the Client hereby consents to GŁUSZKO subcontracting the performance of the service, in whole or in part, to Contractors with appropriate authorizations (licenses, permits) and liability insurance. This does not exclude GŁUSZKO’s right to perform the transport itself in accordance with Article 800 of the Civil Code.
  4. The Client acknowledges that GŁUSZKO does not accept settlement via credit notes. The Parties agree that payment for the service provided will be made on the basis of a VAT invoice issued by GŁUSZKO.
  5. The Client hereby consents to the reloading of the goods entrusted under the Agreement by GŁUSZKO or the Contractor, which should be understood in particular as:
  6. transfer of goods to another means of transport,
  7. transportation of goods by ship or ferry,
  8. attaching the trailer containing the goods to another tractor,
  9. repacking of goods,
  10. temporary transfer of goods to the warehouse.
  1. The performance of the activities specified in point 4 above is necessary and justified by the nature of the obligation undertaken by GŁUSZKO under the Agreement, and such action cannot be considered gross negligence. In cases where the nature of the shipment entrusted to GŁUSZKO makes it impossible for any reason to reload it, the Client is obligated to inform GŁUSZKO of this fact, at least in documentary form, before handing over the shipment and at the same time (immediately) obtain consent from GŁUSZKO to carry out the transport without reloading. In the event that the Client fails to provide such information or GŁUSZKO fails to consent, if the Client entrusts the shipment to GŁUSZKO, GŁUSZKO or the Contractors’ liability for any damages incurred during reloading is excluded.
  2. The content of these General Terms and Conditions of Use becomes an integral part of the Agreement, and in the event of any discrepancies between the provisions, the provisions of these General Terms and Conditions of Use shall apply first and shall prevail over the provisions of the Agreement.
  3. The Client is no longer bound by the Agreement if GŁUSZKO does not confirm acceptance of the Agreement within 30 minutes of receiving the offer. In such a case, GŁUSZKO will be deemed to have refused to accept the Agreement.
  4. A change in the terms of the Agreement introduced by the Client after receiving confirmation of its acceptance, in the content of which GŁUSZKO does not introduce any changes, shall be understood as submitting a new offer, unless the Parties agree otherwise.
  5. GŁUSZKOGŁUSZKO is entitled to refuse to accept the Agreement by communicating its will to the Client in any form, e.g., in writing or orally. Regardless of any reservations made by the Client in this regard, GŁUSZKO is entitled to withdraw from the Agreement up to 24 hours before the planned loading without having to pay the Client any contractual penalty or compensation.
  6. In the event of GŁUSZKO subcontracting a transport service, all provisions regarding the limitation of GŁUSZKO’s liability contained in the General Terms and Conditions of Delivery, the provisions of the Civil Code and the Transport Law Act also apply to these Contractors.
  7. In the event of a conflict between the General Terms and Conditions of Use and the Contract or the Client’s regulations, the provisions of the General Terms and Conditions of Use shall prevail.
  8. The consignor of the goods covered by the Agreement is always responsible for the appropriate placement and securing of the goods using the belts included in the trailer’s equipment, anti-slip mats, protective corners and other protective materials, appropriate to the type of goods transported and the type of vehicle ordered by the Client.
  9. Depending on the type of cargo, the shipper is always responsible for properly preparing the shipment for transport. For the following categories of goods, the shipper must adhere to the following guidelines:
  10. fresh goods – before loading they should be cooled to the lower limit of the controlled temperature;
  11. goods placed on pallets – the goods should be placed on the pallet in such a way that they do not protrude beyond the pallet, and the whole thing should be tightly wrapped in stretch foil and additionally secured with tape;
  12. goods weighing over 30 kg should be placed on carriers that enable reloading with a forklift;
  13. goods placed on or in transport units other than pallets should be secured from the inside against the possibility of displacement;
  14. machines or devices with protruding elements – these elements must be protected against damage during transport and loading by wrapping them tightly in stretch foil and additionally securing them with tape;
  15. goods sensitive to damage (e.g. glass) – should be provided with markings indicating the possible special nature of the shipment or special requirements as to the method of their transport, e.g. “attention glass”, “top/bottom”.
  1. GŁUSZKO is not responsible for improper preparation of goods for transport by the shipper, including improper stowage or securing, as well as for the lack or inadequacy of securing materials used, or their misuse by the shipper’s employees. Any assistance provided by the driver during loading or unloading is at the sole risk and responsibility of the shipper or recipient.
  2. The Parties agree that in the event of:
  3. improper securing and placement of the goods in the trailer by the sender;
  4. improper preparation of goods for transport;
  5. visible damage or shortages of goods (e.g. weight);
  6. orders for the transport of goods excluded from transport pursuant to § 3 below;
  7. delivery of goods other than those specified in the Agreement,

GŁUSZKO may refuse to undertake the transport while retaining the right to compensation for providing a vehicle at the place of loading and reimbursement of any costs incurred in this respect.

§ 3.

Goods excluded from carriage

  1. Shipments containing:
  2. cash, securities, other payment documents;
  3. goods of significant value (i.e. jewellery, works of art, antiques, numismatics, etc.);
  4. weapons and ammunition;
  5. pyrotechnic articles;
  6. perishable goods requiring special transport conditions;
  7. chemically and biologically active goods;
  8. animals, human and animal remains;
  9. drugs and psychotropic substances;
  10. medicines requiring special transport conditions;
  11. other goods which, due to their properties, may pose a health risk to persons coming into contact with them, or which may damage or destroy other shipments;
  12. goods that are subject to the Act of 9 March 2017 on the monitoring system for the road transport of goods (SENT);
  13. tobacco products subject to the Act of 5 July 2018 on the protection of health against the effects of using tobacco and tobacco products;
  14. other goods the transport of which is prohibited under applicable law.
  15. Goods of significant value are understood in these General Terms and Conditions of Carriage as:
  16. goods whose net value (i.e. excluding VAT) exceeds the equivalent of SDR 8.33 per kilogram of gross weight of the goods, regardless of the total value of these goods,
  17. goods with a total net value exceeding the equivalent of EUR 200,000, regardless of the value per kilogram of gross weight of the goods.
  1. If the value of the goods is not expressed in euro, in order to determine whether the value of the goods does not exceed the limits specified in paragraph 2 letters a) or b) above, this value is subject to conversion into PLN in accordance with the average exchange rate announced by the National Bank of Poland and applicable on the day of acceptance of the goods for transport.
  2. Subject to paragraph 5 below, in the case of a Contract for the transport of any of the categories of goods referred to in paragraph 1 of this section, the Client is obliged to obtain the individual and express consent of GŁUSZKO, expressed at least in documentary form. In such a case, the Client is obliged to provide GŁUSZKO with detailed instructions regarding the cargo, including its quantity, type and value, as well as recommendations regarding transport. In the absence of GŁUSZKO’s consent or failure to provide appropriate instructions pursuant to the preceding sentence, GŁUSZKO’s liability is limited to the value indicated in § 5, paragraph 4.
  3. GŁUSZKOunder no circumstances will the carrier accept shipments for transport if this would violate the provisions of the law, in particular the Civil Code, the Transport Law or the CMR Convention.
  4. GŁUSZKO does not accept shipments containing military goods or other goods prohibited or requiring a license, authorization or permit (such as dual-use goods or weapons) for import, export, transit or transfer under export control and sanctions regulations or other regulatory restrictions.
  5. In the case of an order for the transport of goods subject to monitoring, the conclusion of the Agreement also requires the Client to fulfill the obligations arising from the Act of 9 March 2017 on the monitoring system for the road transport of goods and the implementing acts issued on its basis, including sending a notification to the Register, obtaining a reference number for this notification and forwarding this number to GŁUSZKO together with an electronic key securing access to the notification (within the meaning of the Act of 9 March 2017 on the monitoring system for the road transport of goods and the implementing acts issued on its basis), intended for GŁUSZKO.
  6. In the event of sending a shipment which GŁUSZKO does not accept for transport in accordance with paragraph 1 above, without obtaining the appropriate consent in accordance with paragraph 4 above, the Client is obliged to compensate for the resulting damage, in particular that related to environmental contamination, in full.
  7. In the event of an order to organize the transport of shipments subject to customs obligations, unless the subject of the Agreement is the preparation of customs documentation by GŁUSZKO, the Client is obligated to provide GŁUSZKO with complete and accurate documentation allowing for the lawful transport of such shipment. In the event of a breach of this obligation, the Client is obligated to compensate GŁUSZKO or the Contractor for any damage to their property in full.

§ 4.

Remuneration and cost provisions

  1. The remuneration payable to GŁUSZKO is specified in the Agreement, accepted for execution by GŁUSZKO. VAT is added to the remuneration specified in the Agreement in accordance with current regulations.
  2. The Client is obliged to pay GŁUSZKO additional remuneration for any additional services, including:
  3. not covered by the Agreement, performed by GŁUSZKO or commissioned by GŁUSZKO to be performed by the Contractor on behalf of the Client, if they were agreed with the Client at least in documentary form, understood as a declaration of will submitted via electronic communication or by a written order from the Client, accepted by GŁUSZKO,
  4. performed by GŁUSZKO or commissioned by GŁUSZKO to be performed by the Contractor on behalf of the Client, without prior agreement, if they were necessary for the proper performance of the service covered by the Agreement or necessary to secure the claims of the Client or GŁUSZKO
  5. Additional services not covered by the Agreement, referred to in paragraph 2 a) and b) of this section, shall be understood as, among others:
  6. Stoppages during transport that are not the responsibility of GŁUSZKO or the Contractor, including stoppages at loading or unloading points, or at border crossings, with the minimum remuneration for one day of stoppage being EUR 500 net. Stoppage remuneration is due regardless of whether the stoppage occurred on a weekend, a public holiday, or was due to other circumstances, such as a stoppage at a customs office or border crossing.
  7. execution of additional instructions from the Client, including instructions regarding the transport of goods to a location other than that originally indicated in the Agreement,
  8. providing other services to the Client, including loading or unloading goods, reloading or assistance in repacking them.
  1. The Client is obliged to reimburse expenses and fees paid by GŁUSZKO or the Contractor in connection with the performance of the Agreement, including in particular fees for obtaining permits, demurrage fees, detours, customs duties, administrative fees and penalties.
  2. The date of payment of remuneration for the performance of the Agreement is the date on which GŁUSZKO’s bank account is credited.
  3. In the event of unilateral withdrawal from the contract by the Client (cancellation of the order) or the occurrence of circumstances referred to in §5 below, which prevent the performance of the transport, if GŁUSZKO has already started the transport operation, the Client is obliged to pay GŁUSZKO a contractual penalty in the amount of 100% of the agreed remuneration for the performance of the transport.
  4. Invoices documenting transactions under this Agreement are issued in the National e-Invoice System (KSeF) in the form of structured invoices and made available to the Client, who is a Polish entity, via this system, in accordance with applicable law.
  5. Unless the Parties have agreed otherwise, the remuneration payment deadline is 14 days from the date of making the VAT invoice available to the Client in the KSEF system (Polish entities) or sending its visualization to the Client in electronic form (entities other than Polish).
  6. The Client consents to settlement of remuneration payments to GŁUSZKO based on scanned copies of shipping documents. The Parties hereby agree that any provisions of the agreements or regulations obliging GŁUSZKO to provide original shipping documents do not apply to GŁUSZKO.
  7. In cases provided for by law, in particular in the event of a KSeF system failure, invoices may be issued outside the KSeF system and sent to the Client via e-mail.
  8. A change in the method of issuing and making invoices available resulting from applicable legal provisions does not constitute an amendment to this Agreement and does not require an annex thereto.

§ 5.

Obstacles to the execution of the Agreement

  1. GŁUSZKOshall not be liable for untimely performance of the service in the event of circumstances beyond GŁUSZKO’s control that prevent the performance of the service in whole or in part, until such circumstances cease.
  2. Circumstances that prevent the performance of the service in whole or in part beyond the control of GŁUSZKO include, in particular, events caused by:“higher power”, i.e. sudden events caused by natural disasters, as well as extraordinary external events of a global or local nature, strikes, wars, political or military restrictions, uprisings, revolutions, epidemics and pandemics, riots with a wide territorial scope, which none of the Parties to the Agreement could prevent.
  3. GŁUSZKO’s liability is limited under the terms of the law (CMR Convention, Transport Law). Furthermore, GŁUSZKO is not liable for:
  4. delays caused by the Client’s failure to provide complete and correct documentation regarding the shipment, if required, in due time,
  5. delays and damages caused by the Client failing to include complete information in the Agreement or by the Client providing incorrect information in the transport documentation or by the Client providing incorrect information regarding the shipment or transport and its conditions, in particular regarding the place/conditions of loading/unloading,
  6. failure by the Client to meet the conditions for marking or securing the shipment, unless such has been expressly ordered by GŁUSZKO,
  7. damage or delays caused by improper securing or marking of the shipment, unless this has been expressly requested by GŁUSZKO,
  8. damages or delays caused by actions/omissions of third parties for which GŁUSZKO is not responsible or has not accepted responsibility,
  9. damage or delay caused by the Client’s failure to provide correct information about the type or value of the goods, recommended methods of transportation or safety measures that should be observed.
  10. Unless mandatory provisions provide otherwise, GŁUSZKO’s liability to the Client is limited to intentional damages. The maximum amount of compensation payable to the Client in each case is:
  11. for damage related to damage or loss of goods is limited to SDR 8.33 per 1 kg of goods gross,
  12. for delay in delivery is limited to the value of the remuneration due for the performance of the Agreement.

§ 6.

Complaints

  1. If GŁUSZKO is found liable for an event related to the performance of the Agreement, the Client or another authorized person must submit a written complaint to GŁUSZKO. The complaint should specify the amount of the claim and include its justification. The complaint should be accompanied by all documents supporting the basis for the claim, including in particular:
  2. Agreement;
  3. CMR consignment note or other equivalent transport document;
  4. a damage report or other document specifying the extent and nature of the damage to the shipment – ​​if prepared;
  5. a document confirming the value of the goods (invoice);
  6. a document confirming the gross weight of the lost or damaged goods;
  7. information whether the goods were covered by insurance (e.g. cargo insurance) and whether the damage was covered by the insurer;
  8. information about the Client’s bank account to which the compensation is to be paid.
  1. The complaint should also include any other information and data required by law.
  2. GŁUSZKO is entitled to request that the Client submit additional information and documents if necessary to process the complaint. If the complaint is submitted by an unauthorized person or does not meet the requirements specified in paragraph 1 or any other applicable requirements, or if the required documents or other evidence are not submitted, GŁUSZKO will request that the person submitting the complaint correct or supplement it appropriately within 14 days of receiving such request, failing which the complaint will not be processed.
  3. The person filing a complaint is obliged to keep the goods in their original condition until the proceedings resulting from the complaint are concluded.
  4. GŁUSZKO will respond to complaints within 30 days from the date GŁUSZKO receives them, unless a longer period is required by law. For complaints concerning claims exceeding EUR 200,000 (or its equivalent in PLN at the average exchange rate of the National Bank of Poland on the date the goods are accepted for transport), GŁUSZKO may unilaterally extend the response deadline. In any case, GŁUSZKO will endeavor to complete the complaint within no more than six months.
  5. Unless mandatory provisions of law provide otherwise, if GŁUSZKO requests the person who filed the complaint to correct or supplement it, the time limit specified in paragraph 5 above shall run from the day on which GŁUSZKO receives the corrected or supplemented complaint.
  6. Failure to respond to the complaint within the time limit specified in paragraph 5 above is equivalent to GŁUSZKO refusing to accept the complaint.
  7. Without the prior written consent (under pain of nullity) of GŁUSZKO, the Client is not entitled to offset any claims against GŁUSZKO’s remuneration or other receivables of GŁUSZKO.

§ 7.

Final provisions

  1. If any provisions of the General Terms and Conditions of Sale prove to be invalid, this shall not affect the validity of the remaining provisions.
  2. GŁUSZKOpublishes changes to the OWUP on the website located at:
  3. GŁUSZKOhas the right to unilaterally amend the provisions of the General Terms and Conditions of Use. Amendments come into effect upon posting the amended text on the website indicated in paragraph 1 or on the date indicated in the published General Terms and Conditions of Use. A change in the contact details (including email addresses and website addresses) provided in the General Terms and Conditions of Use or obvious typographical errors does not constitute a change to the General Terms and Conditions of Use.
  4. In matters not regulated in these GTC or the Agreement, Polish law shall apply.
  5. Any disputes arising from these GTC or the Agreement and in connection therewith shall be resolved by a Polish court with jurisdiction over the registered office of GŁUSZKO.