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If you order a transfer of goods from us, our relationship is governed by valid legal provisions — either international or Czech (according to the relevant provisions). The same applies to our relationship with individual carriers.
Within the Czech Republic, we comply with legal provisions for freight forwarding contracts in accordance with the Czech Civil Code (§ 2471 and the following provisions), or for contract of carriage (§ 2555 and following provisions of the Czech Civil Code).
1.1 These General Terms and Conditions (hereinafter referred to as T&C) form an integral part of the Forwarding Agreement and regulate in more detail the relationship between the Customer and the Carrier which is not explicitly regulated in the Forwarding Agreement.
1.2 By concluding the Forwarding Agreement, the Customer expresses his consent to the wording of these T&C. In case of doubt, the Customer shall be deemed to have agreed to these T&C at the time of handing over the consignment for carriage or arranging carriage.
2.1 By this Forwarding Agreement, the Carrier undertakes to arrange transport of a consignment from a specific place to another on behalf of the Customer; and to arrange or perform acts with regard to the transport. The Customer undertakes to pay a fee to the Carrier.
2.2 If the forwarding agreement is not concluded in writing, the Carrier is entitled to require the Customer to send a written transport order (Forwarding Order).
3.1 The Carrier is entitled to organise the transporta and choose the means of transport.
3.2 The Carrier is entitled to request that the Customer supplements insufficient or incomplete instructions. The Carrier is entitled to act at own discretion if lacking sufficient or feasible instructions, with regard to the known interests of the Customer, in particular in the choice of transport type, the actual means of transport and route.
3.3 The Carrier is not obliged to review the accuracy of any instructions or information provided by the Customer.
3.4 The Carrier may act through another Carrier (intermediate Carrier) who arranges the transport fully or partially.
3.5 The Carrier may carry out the transport by own means unless this is contrary to the contract or prohibited by the Customer before the transport commences.
4.1 The Customer is obliged to provide the Carrier with all data and documentation necessary to performan the transport properly. In case of a breach of this obligation, the Customer shall be liable for damages resulting from such breach.
4.2 The vehicle to be used for the transport shall meet the requirements specified in the Forwarding Order. The date of delivery of the vehicle and the date of delivery of the consignment shall also be specified in the Forwarding Order.
5.1 The contractual relationship with regard to the shipments shall be established between the contracting parties immediately upon receipt of the Forwarding Order submitted in accordance with Article I, provided that it has been submitted at least 48 hours before the date of loading of the goods, unless agreed otherwise, and upon approval of the order by the Carrier. The period of 48 hours shall not apply to weekends and public holidays. A telephone order must be subsequently confirmed in writing (i.e. also by fax or e-mail) by the ordering party and must contain the following basic data: destination address, designation of the goods to be transported and the scope, the required loading and unloading date, etc. The Forwarding Order must be confirmed in writing by the shipper in time.
5.2 The Forwarding Order may only be cancelled by a proper document delivered to the Carrier during their office hours and up to 24 hours before the loading date. Forwarding Orders and their possible cancellations are accepted by the Carrier throughout their office hours, i.e. on weekdays from 7.30 a.m. to 4 p.m.
5.3 The Carrier shall arrange the transport in accordance with the instructions set out in the agreed Forwarding Order. Should the issued accompanying documents, e.g. the CMR consignment note, contain transport details that differ from the details and instructions contained in the Forwarding Order, the Customer is obliged to provide these details in accordance with the Forwarding Order. Failure to do so shall render the Customer liable for any damages.
6.1 If the Customer fails to provide the Carrier with the correct information about the contents of the consignment and all the facts necessary for the conclusion of the contract of carriage, the Customer shall compensate the Carrier for any damage caused by the breach of this obligation.
6.2 If remuneration has not been specified, the Carrier shall be entitled to a reasonable remuneration as is customary at the time of conclusion of the contract and under similar contractual conditions. In addition, the Carrier shall be entitled to reimbursement of costs reasonably incurred in the performance of the contract.
6.3 If the Customer is late with payment of the invoiced remuneration and any other payments and advances invoiced by the Carrier, or in the event of any other outstanding debt owed by the Customer to the Carrier, the Carrier shall be entitled to suspend the procurement and execution of further shipments in accordance with the Carrier's already agreed Forwarding Orders or in accordance with the concluded forwarding contracts.
6.4 The Carrier is entitled, at own discretion, to partially or completely cancel the provision of services under a Forwarding Agreement at any time, without prior notice and without any liability to the Customer or other authorised persons, if it is found that the Forwarding Services provided, or parts thereof, are prohibited by applicable laws and regulations, by particular European Union or national laws and regulations, including anti-terrorism and embargo laws and regulations.
6.5 The Carrier shall be entitled not to provide any performance to the extent that such performance or payment would expose the Carrier to any sanction, restriction or limitation imposed by United Nations resolution or imposed by trade or economic sanctions, European Union or national laws or regulations.
6.6 The Carrier shall be entitled to set off any claim, whether or not due and payable, against any claim of the Carrier against the Customer, i.e. a claim (i) whether or not due and payable, (ii) arising under or in connection with the General Agreement and/or a Forwarding Agreement, or (iii) arising under or in connection with any other legal relationship between the contracting parties.
6.7 The Carrier shall be entitled to terminate the negotiation of the Freight Forwarding Contract or a draft thereof at any stage of the negotiations, in particular (but not exclusively) if the parties are unable to agree on any provision of the particular Freight Forwarding Contract being negotiated. Any pre-contractual liability of the Carrier is excluded.
7.1 The remuneration does not include the costs reasonably incurred by the Carrier in the performance of the obligation, the costs associated with customs services and related operations, the costs of return transport of the consignment in the event that it fails to be delivered to its recipient.
7.2 The Customer undertakes to pay all amounts invoiced by the freight Carrier, including value added tax, within the due date stated on the invoice. If the Customer is late with the payment of the invoiced remuneration, any other payment, advance payment or reimbursement of costs, the Customer undertakes to pay the Carrier interest at the rate of 0.05% of the amount due for each day of delay. The method of sending the invoice for interest is at the discretion of the Carrier — invoices and other accounting documents are regularly sent by e-mail or postal services.
7.3 The contracting parties shall attempt to resolve any disputes arising from the Forwarding Agreement out of court by mutual negotiation in order to maintain good business relations. In the event that a dispute cannot be resolved in this way, either of the parties shall be entitled to refer the dispute to the District Court in Pardubice, if a District Court is the competent court, or to the Regional Court in Hradec Králové, Pardubice branch, if a Regional Court is the competent court.