Detailed Terms and Conditions of the Forwarding Order – Introduction

Kindly check the information below before completing your forwarding order. Please inform us immediately of any discrepancies. Unless otherwise specified above, these detailed terms and conditions of the forwarding order apply to all forwarding orders issued by Your Best Partner Sp. z o.o. These detailed terms and conditions as well as any disputes arising from or in connection with the forwarding order shall be considered, regulated, and interpreted in accordance with Polish law, by the court with jurisdiction over the registered office of Your Best Partner Sp. z o.o.

Detailed Terms and Conditions of the Forwarding Order

1. Payment for the service is in PLN currency converted at the average exchange rate of the National Bank of Poland’s Table A for the average exchange rates of foreign currencies on the day preceding the day of unloading.
2. The Parties agree on payment by bank transfer to the Contractor’s account indicated in the VAT invoice, which must specify the Client’s order number.
3. The Contractor declares that the confirmation of acceptance of the order was signed by persons authorized to represent the Contractor, as proof of which they undertake to send the company’s registration documents along with the authenticated order.
4. Incorrectly issued invoices will be sent back without being recorded, which will result in the payment deadline being postponed until a correctly issued VAT invoice is received.
5. The VAT invoice for the service should be issued in the month in which the service was provided.
6. The payment deadline for this order is counted from the day of receipt of a correctly issued VAT invoice together with the authenticated original documents related to the execution of the order.
7. The Carrier undertakes to return the authenticated original documents such as CMR, goods dispatched note, commercial identification documents, protocols, goods dispatched packaging turnover documents, etc., within 7 days from the delivery date for domestic transports and within 14 days from the delivery date for international transports. Otherwise, the payment deadline will be extended by the period of waiting for the documents, but no less than 30 days.
8. For failure to deliver the documents within the specified period Your Best Partner Sp. z o.o. may charge a contractual penalty of 50 euros.
9. The Carrier undertakes to present at the request of Your Best Partner Sp. z o.o. the authenticated documents within the time indicated by the Transport Law.
10. The Contractor, at the request of Your Best Partner Sp. z o.o., is obliged to present the originals of the thermograph printouts, which will prove the proper conditions of transport of the goods and thus the proper way of providing the service.
11. The Carrier is obliged to have the authorizations required by law to carry out transport, as well as a valid and paid carrier’s civil liability insurance policy, a veterinarian’s permission for the transport of Category 3 animal by-products, and trailer’s washing and disinfection records. The Contractor undertakes to present the above-mentioned documents at the request of Your Best Partner Sp. z o.o.
12. 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 positioned for loading must be clean, dry, and without foreign odors.
13. The driver is responsible for proper loading, unloading, and placement of the cargo on the trailer, as well as for loading and unloading the goods on their own.
14. All data contained in the order are confidential and, in accordance with the principle of fair competition, may not be used or distributed by the Contractor. The Contractor is prohibited from offering or accepting orders involving transport and/or forwarding orders from the shipper and recipient of the goods and entities indicated in the freight bill, as well as orders involving the transport of goods from the shipper and recipient for a period of 12 months from the date of conclusion of this order (non-competition clause). The Contractor’s remuneration includes the compensation for the Contractor refraining from the violation of the non-competition clause. Failure to abide by the above clause entitles the Client to charge the Contractor a contractual penalty of PLN 20,000.00 for each violation.
15. Any situation that prevents the proper execution of the order should be immediately reported to the person indicated in the order.
16. In the event of non-performance or improper performance of the contract by the Contractor, Your Best Partner Sp. z o.o. will impose a contractual penalty on the Contractor in the amount equivalent to the freight.
17. In the case of cargo on pallets/in returnable containers, the 1:1 exchange principle applies. The Contractor is obliged to return the same number of EPAL Euro pallets/containers at the place of loading within 7 days from the date of service completion. If the recipient declares that there are no pallets/containers for exchange, the Contractor is obliged to obtain a written note on the documents (goods dispatched note; pallet receipt; freight bill).
18. In the absence of documents confirming the return of EPAL Euro pallets/containers, the Contractor will be charged PLN 50 (net) for each missing EPAL Euro pallet and PLN 1200 (net) for each missing container.
19. The Contractor has no right to cede or otherwise transfer liabilities arising from deliveries of goods made pursuant to this order to third parties.
20. It is strictly prohibited to transship or take additional cargo without the prior written consent of Your Best Partner Sp. z o.o. under pain of nullity.
21. The Contractor shall be charged with all costs that will be charged to the company Your Best Partner Sp. z o.o. in connection with failure including non-performance or improper performance by the Contractor of the terms of the order.
22. The first 24 hours of loading and unloading are included in the agreed transport rate and are free from demurrage charges. Each subsequent commenced day of downtime entitles the Contractor to charge the demurrage fees. The cost of parking a vehicle for loading or unloading in the European Union is 100 euros per day of parking, calculated only after 24 hours, is negotiated each time, and must be supported by a parking card stamped by the shipper or recipient of the goods (vehicle registration number, date, hours, the entity’s stamp, and signature of the authorized person). The same conditions apply to stopovers in countries outside the European Union. The absence of a properly completed or stamped parking card excludes claims for compensation. The Client is not liable for stops that depend on custom offices and the current situation on the borders. The days on which parking/demurrage charge is not applied are Saturdays, Sundays, and holidays.
23. Your Best Partner Sp. z o.o. reserves the right to cancel the order and not pay for the delivery of the vehicle in the event of cancellation of loading by Your Best Partner Sp. z o.o.’s Client.
24. Your Best Partner Sp. z o.o. reserves the right to retain the amount due for this order, without the Contractor’s right to charge interest for untimely payment, in the event of improper execution of the order by the Client, until the responsibility for the occurrence has been indisputably established.
25. The Carrier shall comply with the regulations governing the transport of goods in all countries where the service is provided and shall be fully responsible for their violation.
26. The Contractor is financially responsible for the transported cargo and declares that they have carrier’s civil liability insurance in the amount of not less than EUR 100,000 as well as the necessary licenses and permissions.
27. The weight of the cargo in the transport order is a theoretical weight to the best of our knowledge. The invoice for the transport service should be issued according to the actual weight given during unloading.
28. Loading other goods onto the ordered vehicle is unacceptable without the written consent of the Client.
29. The Contractor (Carrier) may not transfer the order to further subcontractors under pain of paying a contractual penalty of EUR 200 to the Client.