Transport Conditions

Freight Forwarding Order Terms – Introduction

These Detailed Freight Forwarding Order Terms (“GTC”) apply to all freight forwarding orders issued by Your Best Partner Sp. z o.o. Unless otherwise stipulated in an order, the GTC constitute an integral part of the order. Polish law shall apply, and the court having jurisdiction shall be the court competent for the registered office of Your Best Partner Sp. z o.o. The Principal reserves the right to apply specific terms to individual freight forwarding orders, which shall constitute an integral part of the order. In the event of any discrepancies between these GTC and the specific terms, the specific terms shall prevail.

Your Best Partner Sp. z o.o. – Freight Forwarding Order Terms

1. Payment for the service agreed in the order shall be invoiced in the currency of that order. In the case of domestic (Polish) entities, the VAT amount on sums agreed in a foreign currency (EUR) shall be converted into PLN according to the average exchange rate of the National Bank of Poland (NBP), Table A of average foreign currency rates, as of the day preceding the unloading date.
2. Payment shall be made by bank transfer to the bank account indicated on the invoice, which must include the Principal’s order number.
3. The Contractor declares that the confirmation of acceptance of the order has been signed by persons authorized to represent the Contractor; as evidence thereof, the Contractor is obliged to submit company registration documents together with the confirmed order.
4. Incorrectly issued invoices shall be returned without being booked, which will simultaneously result in postponement of the payment deadline until a correctly issued VAT invoice is received.
5. The VAT invoice for the service shall be issued in the month in which the service was performed.
6. The payment term for this order shall be calculated from the date of receipt of a correctly issued VAT invoice together with confirmed original documents related to the performance of the given order.
7. The Carrier is obliged to return confirmed original documents such as (CMR, WZ, waste documents, weighbridge tickets, protocols, etc.) within 7 days from the delivery date for domestic transport and within 14 days from the delivery date for international transport; otherwise, the payment term shall be extended by the period of waiting for the documents, but not longer than 30 days. For failure to provide the documents within the specified time, Your Best Partner Sp. z o.o. may charge a contractual penalty of EUR 50.
   1. The agreed freight price includes a net amount of EUR 15 as the cost of courier shipment of original transport documents (in particular CMR, waste documents, weighbridge tickets, protocols) to the Principal’s registered office address. Delivery of a complete set of original documents by courier to the Principal’s address constitutes a condition for commencement of the payment term referred to in clause 6 of these GTC.
   2. The Principal may consent to the transfer of transport documents and invoices in electronic form (e-mail). Such consent must be granted in writing, including by e-mail, by an authorized representative of the Principal. If such consent is granted, all correspondence concerning documents and invoices must be sent exclusively to the e-mail address: office@yourbestpartner.eu. Lack of written consent of the Principal means the obligation to deliver documents in original form, in accordance with clauses 7 and 7a of these GTC.
8. The Carrier is obliged to present transport documents at any request of the Principal in accordance with applicable law.
9. At the request of Your Best Partner Sp. z o.o., the Contractor is obliged to present original thermograph printouts confirming proper transport conditions of the goods and, consequently, proper performance of the service.
10. The Carrier is obliged to possess:
    1. valid transport licenses,
    2. a current and paid OCP insurance policy of at least EUR 200,000,
    3. required environmental permits,
    4. in the case of waste transport – a complete set of documents required by EU law and the laws of transit countries.
11. The Contractor is obliged to wash and disinfect the trailer before loading and after unloading. The costs of these activities are included in the agreed transport rate. The trailer presented for loading must be clean, dry, and free of foreign odors.
12. The driver is responsible for proper distribution and securing of the load. In the event of loading by the shipper, the driver is obliged to supervise and report any irregularities before leaving the loading site.
13. The Carrier acknowledges that the Principal performs transport under contracts in which it bears joint and several liability towards its clients.
14. The Carrier bears full recourse liability towards the Principal for any damages, penalties, fines, administrative sanctions, and costs charged to the Principal in connection with actions or omissions of the Carrier, the driver, or any further subcontractor.
15. All data contained in the order are confidential and, in accordance with the principle of fair competition, may not be used or disseminated by the Contractor. The Contractor is prohibited from offering and accepting for execution offers covering transport and/or forwarding orders from the shipper and the consignee of the goods and entities indicated in the consignment note, as well as orders covering transport of the shipper’s and consignee’s goods, for a period of 12 months from the date of concluding this order (non-compete). The Contractor’s remuneration includes consideration for refraining from violating the non-compete obligation. Violation of the above prohibition entitles the Principal to charge the Contractor a contractual penalty of PLN 20,000 for each violation.
16. Any situations preventing proper performance of the order must be reported immediately to the person indicated in the order.
17. In the event of non-performance or improper performance of the order, the Principal has the right to charge a contractual penalty up to 100% of the freight and to seek supplementary damages.
18. In the case of cargo on pallets/returnable containers, the 1:1 exchange rule applies. The Contractor is obliged to settle and return the same number of Euro pallets (E-PAL)/containers and to return them or deliver them to the loading place within 7 days from the date of service completion. In the event of the consignee’s declaration of lack of pallets/containers for exchange, the Contractor is obliged to obtain a written annotation on the documents (WZ; pallet receipt; consignment note).
19. In the absence of documents confirming the return of Euro E-PAL pallets/containers, the Contractor shall be charged PLN 50 (net) for each missing Euro E-PAL pallet and PLN 1,200 (net) for each missing container.
20. The Contractor has no right to assign or otherwise transfer receivables arising from deliveries of goods made under this order to third parties.
21. An absolute prohibition applies to transshipment, additional loading, and mixing waste with other goods without the Principal’s written consent.
22. The Carrier shall be charged with all costs charged to the Principal by the end client, administrative authorities, or other entities in connection with improper performance of the order.
23. The first 24 hours at loading and unloading are included in the agreed transport rate and are free of demurrage charges. Each subsequent commenced day of standstill entitles the Contractor to charge demurrage fees. The cost of vehicle standstill at loading or unloading within the European Union amounts to EUR 100 per day of standstill, calculated only after 24 hours; it is negotiated each time and must be obligatorily supported by a properly completed standstill card stamped by the shipper or consignee (vehicle registration number, dates, times, company stamp, and signature of an authorized person). The same conditions apply to standstills in countries outside the European Union. Lack of a properly completed or stamped standstill card excludes compensation claims. The Principal is not responsible for standstills dependent on the Customs Office and the current situation at borders. Days on which the demurrage supplement is not charged are Saturdays, Sundays, and public holidays.
24. Your Best Partner Sp. z o.o. reserves the right to cancel the order and not pay for vehicle positioning in the event of cancellation of loading by the Principal Your Best Partner Sp. z o.o.
25. Your Best Partner Sp. z o.o. reserves the right to withhold amounts due for this order, without the Contractor’s right to charge late payment interest, in the event of improper performance of the order by the Contractor, until responsibility for the incident is indisputably determined.
26. The Carrier is obliged to comply with regulations governing the carriage of goods in all countries where the service is performed and bears full responsibility for their violation.
27. The Carrier is obliged to hold all permits, licenses, and authorizations required by law to perform the entrusted transport. If the nature of the transported cargo requires organization of escort/pilotage or obtaining additional permits, the obligation to ensure them rests with the Carrier. Failure to meet the above conditions shall be treated as improper performance of the order.
28. The Contractor bears financial liability for the transported cargo and declares that it holds carrier’s liability insurance in an amount not lower than EUR 200,000 as well as the necessary licenses and authorizations.
29. The cargo weight indicated on the transport order is a theoretical weight provided to the best of our knowledge. The invoice for the transport service shall be issued in accordance with the actual weight stated at unloading.
30. The Carrier may not entrust the order to further subcontractors without the prior written consent of the Principal. The Carrier is liable for the actions and omissions of subcontractors as for its own. Violation results in a contractual penalty of EUR 200.
31. The Carrier is obliged to ensure GPS monitoring, constant contact with the driver, performance of the shortest route, and parking exclusively at guarded parking facilities.
32. For selected orders, the Principal may apply specific terms defining additional obligations, requirements, or liability of the Carrier, in particular arising from contracts concluded by the Principal with clients. The specific terms are provided to the Carrier together with the order and constitute its integral part.