GENERAL CONDITIONS OF COOPERATION IN THE IMPLEMENTATION OF TRANSPORT
§ 1. [General provision]
These general terms and conditions of cooperation in the implementation of transport (hereinafter referred to as ” GTC “) apply to all transport contracts (hereinafter referred to as the singular as ” Contract of carriage “) concluded by SCANDICA LOGISTICS Spółka z ograniczoną odpowiedzialnością with its registered office in Białystok (15-727 ), at ul. Hetmańska 38, entered into the Register of Entrepreneurs of the National Court Register under the number KRS 0000642127, for which the registration files are kept by the District Court in Białystok, XIII Commercial Division of the National Court Register, REGON: 365650229, NIP: 5423261897 (hereinafter referred to as ” Principal “) with carriers (hereinafter referred to as in the singular ” Carrier”), On the basis of which the Carrier performs the transport of goods on domestic and international routes and provides additional services, and the Customer is obliged to pay the agreed remuneration including transportable fees and a fee for stipulating special interest clauses and for the performance of additional services.
§ 2. [Rules for accepting and executing orders]
1. The carriage will be performed on the basis of a contract concluded on the basis of a Transport Order, which is binding if it is a text document, regardless of whether it is in a paper or electronic form, sent by the Customer and containing the terms of the Contract of Carriage and a reference to the GTC on the Customer’s website . Earlier contacts by phone and using the transport exchange communicators are only an exchange of preliminary information, which may lead to sending the Transport Order to the Carrier, which will be an offer within the meaning of civil law. The formula “offer acceptance” on the transport exchange communicator, on which the Customer and the Carrier provide only the basic information necessary for the possible conclusion of the contract, may not be treated as the conclusion of the Contract of Carriage, but only an expression of interest in a specific transport and an invitation to submit the appropriate offer. The Transport Order should contain at least the following information, and moreover, everything that the parties to the Contract of Carriage consider necessary for the proper performance of the transport; the lack of certain information results in the obligation to supplement them, and the Transport Order still remains an offer:
1) date and individual identification of the Transport Order;
2) the Customer and the Carrier as well as contact persons and form of contact;
3) the Carrier’s remuneration and its components;
4) type of vehicle / vehicles, size of the cargo space, specification of the cargo, method of its packaging, approximate gross weight, recommendations as to the arrangement of the cargo in the cargo space and its physical protection for the duration of the transport, the registration number of the vehicle / vehicles must be known to the Principal no later than before the commencement of loading;
5) address of the place of loading along with the specification of the shipper;
6) address of the place of unloading along with an indication of the receipt;
7) the date of loading and unloading, indicating whether the unloading is covered by the FIX clause; hours of loading and unloading can be given by indicating the so-called the time window for performing these activities.
2. The contract of carriage shall be deemed concluded under the conditions specified in the Transport Order (constituting an offer to conclude a contract under the conditions specified in the Transport Order and the GTC), when the Carrier accepts them in the manner specified below:
1) confirm its conclusion in writing by sending a signed Transport Order;
2) confirm its conclusion to the e-mail address from which he received the Transport Order by expressly expressing acceptance of the performance of a specific Transport Order identified at least by its number;
3) in exceptional cases, will accept them via messenger or SMS; in each case, a specific order should be indicated, even with a number, unless the context of the exchanged messages leaves no doubt as to what the Transport Order is about;
4) he will pick up the cargo at the place specified in the Transport Order and he will not report any objections in writing as to the content of the Transport Order.
3. The Transport Order document signed by the Customer may not be changed by the Carrier by adding annotations or deleting the provisions of the order; such interventions do not have any legal effects and do not change the content of the Transport Order. A proposal to change the content of the Transport Order from the Carrier may be provided to the Customer in writing only, recorded on any medium using the communication channel used for communication when concluding the Contract of Carriage, and changes the Transport Order after its express written approval by the Customer.
4. The change of the place of unloading will be communicated to the Carrier in the form of e-mail, fax or via the communicator of the transport exchange and through other communication channels known to him in relation to the Customer. Such a decision of the Principal is valid only if its content is expressed in writing.
5. Changing the place of unloading causing the extension of the route by no more than 50 km is not a change to the contract of carriage and may not be unfulfilled by the Carrier and may not result in an increase in the remuneration for transport. If the change of the place of unloading extends the route by more than 50 km, the Carrier’s remuneration increases proportionally to the length of the route. If, for other reasons attributable to the Customer, the number of kilometers necessary to travel for the performance of the Contract of Carriage is increased, the Carrier has the right to proportionally increase the remuneration for the carriage.
§ 3. [Carrier’s declarations, guarantees and documents]
1. Acceptance of the Transport Order referred to in point 2 § 2 is also the Carrier’s declaration that:
1) has the necessary experience to perform the Contract of Carriage, means of transport, technical infrastructure for the provision of goods transport services, and the licenses, concessions and permits required under the provisions of law to conduct business in the field of goods transport and transport being the subject of a specific contract will be valid for the entire period performance of the Contract of Carriage;
2) on the date of acceptance of the Transport Order (conclusion of the Transport Agreement) and during the performance of the Transport Agreement, he has a valid contract of carrier’s liability insurance in domestic and international traffic, which covers the transport of a specific type of cargo and the risks associated with it in the territory of the transport, including damage caused during transport, such as loss, partial loss, theft, robbery, loss or damage to the goods entrusted to him for transport, which is confirmed by an insurance document in the form of a policy with a guaranteed sum of not less than PLN 1,000,000 for each event (insurance accident) and proof of payment of the insurance premium, as well as general terms and conditions of insurance with relevant clauses, which will be made available to the Principal prior to the commencement of the transport operation, constituting a necessary condition for the performance of the Contract of Carriage; failure to provide documents allowing for the examination of the insurance cover prior to the commencement of the transport operation may be treated by the Client as the basis for the immediate termination of the contract of carriage or for concluding an appropriate Cargo insurance at the Carrier’s expense.
2. The carrier is liable as for its own actions and negligence, for actions and negligence of its employees and all other persons whose services it refers to in order to perform the transport.
3. Before concluding the Contract of Carriage, the Carrier is obliged to provide the Principal with a license to perform the activities of a road carrier, copies of vehicle registration certificates intended for the performance of the Contract of Carriage and copies of documents confirming the identity of the driver.
§ 4. [Obligations of the Carrier]
1. The carrier is obliged to:
1) provide a means of transport for transport that meets the conditions specified in the Transport Order and equip the vehicle with technical means to secure the cargo during transport, such as: fastening belts, chains, anti-slip mats, locking bars, spreader beams or other non-standard security devices dedicated to the transport of this cargo if it is indicated in the Transport Order;
2) provide technical tests of means of transport and relevant certificates (ATP, FRC, etc.), valid during the transport;
3) ensure that the Principal is in contact with the driver or other representative of the Carrier so that it is possible to monitor the transport operation on an ongoing basis in terms of the location of the means of transport and to immediately provide information about problems during loading, unloading and unforeseen events during transport;
4) provide:
a) that after loading, the driver checks its correctness in terms of axle load and the safety of the load during transport (in particular, its protection against tipping over or shifting in the cargo space);
(b) if the vehicle is equipped with an on-board axle load control system, the driver calibrates it systematically and checks the indication of the system with photographs of the system screen prior to carriage;
c) that the driver, in the event that the pressures are greater than the permissible ones or the load is poorly arranged and fastened, immediately notify the Carrier and the Customer, informing the shipper about it;
d) commencement of transport only when the system indicates the correct pressures, and the load is properly deployed and secured, and if it was not possible to check the loading and axle load or if it was not possible to carry out incorrect transport without the express consent of the Customer, it is solely at the risk of the Carrier;
5) in the event that contact with the driver is impossible or difficult, ensure contact with the person indicated by him, who will have information about the location of the vehicle and the circumstances of transport;
6) to check the compliance with the actual state of information regarding the cargo, such as weight, quantity, features, goods numbers, brand, etc., contained in the consignment note and other documents;
7) in the event of any doubts or discrepancies regarding the quantity, quality, type or packaging of the cargo accepted for transport or the occurrence of other circumstances essential for the performance of the transport in accordance with the Transport Order, immediately notify the Principal and, if possible, ensure that this information is entered in the consignment note or other a transport document, and start transport only after obtaining the instructions and consent of the Principal;
8) provide a complete set of original, correctly issued and completed documents for transport (shipping documents) in accordance with the Transport Order within the period specified therein under pain of withholding the payment of the remuneration due to the Carrier until all correctly completed documents are delivered and the beginning of the payment period is postponed from that moment, taking into account the provisions of § 6 sec. 2 of the GTC, because payment for transport and other ordered activities is possible only when the Customer has confirmation in the financial and accounting documentation that the service has been performed; specific transport documents necessary for its settlement are: invoice for the transport service, confirmed by the recipient of the goods with a legible signature (name and surname) and the date and time of receipt of the goods, a bill of lading and other transport documents, i.e. invoices and specifications for the goods (Lieferschein, packing list, WZ, etc.), pallet receipts confirming the settlement of returnable / exchangeable packages (if the Shipping Order required return or replacement of packages), customs documents, non-compliance or damage reports, etc., and therefore all documents provided to the Carrier or prepared by him or with his participation ;
9) if it is impossible to send a hard copy of the original documents referred to in § 4 point 1 point 8 at the latest by the 10th day of the month following the month in which the transport was performed (unloading took place), it should be sent in electronic form to the following address: faktury@scandica.pl , entering the full number of the Transport Order in the e-mail subject; however, the obligation to pay the freight and other charges for the performance of the transport arises only upon delivery of the original documents in the paper version;
10) any change of the carrier actually performing the transport (physical carrier) to be agreed with the Principal prior to its implementation, and in the case of the carriage of goods, when the Transport Order prohibits changing the carrier, entrusting the performance of transport in whole or in part to another carrier without the express consent of the Principal entitles him to issue to the Carrier an accounting note charging him with a lump-sum compensation of EUR 5,000;
11) information about the change of the driver or motor vehicle should be immediately provided to the Principal in electronic form;
12) obtain a written consent of the Principal for reloading, regardless of its cause;
13) obtain the Customer’s explicit consent (expressed in writing) to leave the place of loading or unloading when the loading or unloading activities are delayed;
14) obtain the Customer’s consent for the carriage of cargo in the cargo space under another contract of carriage or items (e.g. pallets) belonging to the Carrier or the driver.
2. The Carrier is not entitled to entrust the performance of the carriage performed under the Contract of Carriage in whole or in part to further carriers or forwarders, unless it obtains the Customer’s written consent.
3. In the case of parking the vehicle, which means stopping it for more than 1 hour for reasons attributable to the driver (i.e. other than those resulting from the decisions of services authorized to organize traffic on public roads or resulting from technical problems of the vehicle) and leaving the vehicle and cargo without driver’s supervision is possible only in the parking lot, which is fenced, lit, monitored or supervised; however, an absolute condition is the prior securing of the vehicle by removing the key from the ignition switch, locking the locks and other openings that may allow access to the goods or the vehicle, activation of alarm systems or other security features of the vehicle and semi-trailer. Leaving the vehicle unattended does not include leaving the vehicle in connection with loading and unloading operations, the need to refuel, use the toilet and call for help in the event of a vehicle breakdown, collision or road accident. A stop, i.e. stopping the vehicle for less than 1 hour, may also take place outside the car parks, as long as the driver does not move away from it. Breaks during the driver’s work must be carried out in car parks intended for heavy goods vehicles, which are lit, monitored or supervised.
4. In the event of the performance of more than one contract of carriage in the cargo space of one vehicle, the Carrier is obliged to obtain information from the Ordering parties about the possibility of stacking loads and is obliged to photograph the condition of the packaging before the start of transport and after loading. When the driver is not able to inspect the goods after loading, this information must be immediately provided to the Principal, and the commencement or continuation of transport requires the express consent of the Principal. Failure to comply with these provisions will be considered gross negligence of the Carrier and will extend its liability to full civil liability for damages that may arise in the cargo and in connection with its damage.
5. The Carrier’s presentation of proof of the Carrier’s Civil Liability insurance contract in domestic and / or international traffic is also his declaration that the risks related to the implementation of a specific Contract of Carriage are covered by insurance and an assurance that the driver is being supervised in the implementation of the insurance conditions regarding vehicle stopping, parking lots and takes care of the load.
6. The carrier ensures that the vehicle directed to the transport operation is equipped with a GPS system that allows for ongoing monitoring of its traffic and that the driver has a mobile phone and knows that he is obliged to inform about all disruptions during the transport operation.
7. Partial load! Describe
In the case of transporting small batches of cargo, for which it is very likely that the carrier will perform additional loading, i.e. in the cargo space there will be items transported under another contract of carriage, the dispatcher must clearly inform the carrier and, if possible, the driver whether it is possible to stack other cargo on our cargo. loads and whether it is possible to stack or reload our cargo. After loading our goods, the driver should strive to prepare a photographic documentation that allows to clearly determine the condition of the packaging or demand a statement in this matter (a clear statement by the driver about the condition of the goods) and this should take place before the start of transport. If after loading the goods as part of our order, the driver must absolutely supervise and document this operation by taking photos. Loading without the participation of the driver is unacceptable.
§ 5. [Obligations of the Principal]
1. By fulfilling its obligations towards the Carrier, the Customer will exercise the rights of the sender resulting from the transport law and the CMR Convention.
2. He is obliged to inform the Carrier in the Transport Order or otherwise, in writing, about what vehicles are needed to perform the service and whether the transported cargo requires special conditions of transport, such as temperature regimes, limited vehicle speed or must be specially located for compliance of the vehicle with the standards for height, length and width as well as the permissible total weight and axle loads.
3. The Ordering Party will cooperate and support the Carrier throughout the duration of the transport, in particular, it will provide him with all necessary documents and information both before the commencement of the transport operation and during it.
4. In the event of a disruption of the transport operation, i.e. a collision, vehicle breakdown, the need to change the route of transport as a result of decisions of administrative authorities or a situation on the road resulting from unpredictable increase in traffic and the Carrier’s obligation to change the distribution of cargo due to unacceptable axle load and overloading of parts cargo due to exceeding the permissible total weight, the inability to use the parking lot planned for parking due to the driver’s working time and / or safety requirements of the cargo being transported, the Principal will, if possible, provide him with all assistance and together with the Carrier will make appropriate decisions.
5. In the event of road accidents causing damage to the vehicle and cargo, the Customer will support the Carrier using its full potential and experience in relations with insurance companies and the police, public prosecutor’s office and other administrative bodies.
6. In the event of damage and / or theft of cargo, the Customer will support the Carrier using its full potential and experience in relations with insurance companies.
7. In the event of delays and irregularities in loading and unloading, the Customer, after receiving information from the Carrier, will intervene and give instructions to the Carrier.
8. The Customer’s decision to change the place of unloading shall be communicated to the Carrier by e-mail, fax or via the communicator of the transport exchange through communication channels known to him in relation to the Customer. The Carrier is bound by this decision only when its content is in writing.
9. The Ordering Party provides the Carrier with the information about the shipment in the Transport Order, in particular by indicating what measures, both in terms of type and quantity, are necessary to secure the cargo for the duration of transport and, in the case of cargo transported at a controlled temperature, the information on this temperature and possible tolerance range, monitoring obligation. indications of the thermograph and the need to check the temperature of the cargo (including its individual parts) before loading.
10. If the subject of transport are goods covered by the GEO-SENT monitoring system, the Ordering Party shall make every effort to instruct the driver about the operating conditions of the monitoring devices and the consequences of communication interruptions in accordance with the Act of March 9, 2017 on the road transport monitoring system and implementing acts issued on its basis, and also takes steps to register the carriage on the GEO-SENT platform.
§ 6 . [Remuneration and other benefits for the Carrier]
1. The Ordering Party pays the Carrier a fee for the performance of the transport service in the amount and within the time limits set out in the Contract of Transport and its general terms and conditions as well as the GTC by making a transfer to the bank account indicated on the invoice issued by the Carrier for the performance of a specific transport or to the Carrier’s bank account disclosed in the so-called White List VAT payers. This also applies to the fees of the accounting notes accepted by the Principal. In the event of the Carrier’s decision to change the bank account to pay the amount due for the performance of the Transport Agreement, the Principal will be bound by this if the decision to change the account is signed by a person disclosed in the register of entrepreneurs (in Poland, KRS and CEIDG) as a person authorized to represent the enterprise or the Principal is presented with a correction invoices. The remuneration for the performance of the Contract of Carriage includes freight, an additional fee for FIX and the Carrier’s performance of loading, arrangement and securing of cargo, and increasing the amount of the Carrier’s liability for damage or loss of cargo in relation to the CMR Convention, as well as remuneration for restrictions in the way of driving, such as e.g. . maximum speed, route, stops, etc., and remuneration for other titles expressly approved by the Principal.
2. The payment deadline for the remuneration for the performance of the Transport Agreement specified in the Transport Order; begins on the day following the delivery of the Ordering Party by the Carrier or the Ordering Party’s acquisition of the originals of all shipping documents indicated in § 4 section 1 point 8 of the GTC and invoices, regardless of the payment date indicated in the invoice issued by the Carrier or other accounting document, subject to the next sentence. In the case of delivery by the Carrier of an invoice or other accounting document with formal or substantive defects, as well as when the shipping documentation is not complete or illegible documents and thus do not allow to determine the content of the entries contained therein, in particular with signatures in the CMR consignment note, which do not make it possible to establish the identity (name and surname) of the persons who signed the boxes confirming the acceptance of the cargo for transport and its collection at the destination, the payment deadline does not run. The costs of possible obtaining by the Customer of the documents necessary for the Carrier’s settlement is a lump sum of PLN 200 net, which the Customer may charge the Carrier when issuing an invoice, the amount being deducted from the carriage fee. It is agreed that the condition for payment of the remuneration for the performance of the Contract of Carriage is the Customer’s possession of the documents referred to in § 4 sec. 1 point 8 of the GTC, which confirm this fact.
3. If the remuneration due to the Carrier is expressed in the Transport Order in a foreign currency, and for the purposes of the settlement it has been agreed that it will be converted into Polish zloty (PLN), it is done according to the average exchange rate from table A announced by the National Bank of Poland on the day of loading , and if on that day it was not announced the above-mentioned course – on the last day preceding the loading day, when such a rate was announced. If the remuneration for the Polish Carrier is expressed in a foreign currency, when issuing an invoice in a foreign currency, the Carrier is obliged to pay VAT if it is due in Polish zlotys (PLN) according to the average exchange rate from table A announced by the National Bank of Poland on the day preceding unloading, and if on that day it was not announced the above-mentioned rate – on the last day preceding the day on which such rate was announced.
4. The date of payment of the remuneration for the performance of the Contract of Carriage shall be the date on which the funds are credited to the Carrier’s bank account. If the Carrier’s bank account (bank) does not accept the transfer of the Customer for reasons attributable to that bank or the Carrier or for other reasons beyond the Customer’s control, it is not in delay with the payment of remuneration for the performance of the Contract of Carriage.
5. Due to the fact that the financial, accounting and banking services of the Principal may only make payments one day in a working week, and only as an alternative, when there are a lot of payments on the second working day of the week, it is agreed that the payment by the Principal is up to 7 days working after the date declared in the Transport Order (transport offer), taking into account § 4 sec. 1 point 8 of the GT&C is of a technical nature and does not constitute a breach of the Contract of Carriage.
6. The waiting time for loading, unloading and customs clearance of 48 hours for EEA countries and Great Britain, Switzerland, Bosnia and Herzegovina, Albania, Croatia, Montenegro, Kosovo and Macedonia, and for other States 72 hours, is free from downtime fees due to the Carrier. The fees for downtime are due to the Carrier only when the downtime is the result of events for which the Customer is directly or indirectly responsible. In the event of a stoppage at the border for reasons attributable solely to the customs and border services, when it lasts at least 48 hours above the maximum standard stipulated in the contract, the Carrier may apply to the Customer for a parking fee, despite the lack of his responsibility. Stoppages must be documented with a stoppage card confirming the date and time of stoppage, possibly confirmed by the sender or recipient at the place where the vehicle is parked, or by any other method that leaves no doubt as to where, when and how much time the stoppage took place and, if possible, its reasons. For downtime for reasons not attributable to the Carrier beyond the periods specified in this point, the Carrier is entitled to a flat-rate compensation, which is treated as an equivalent of all his costs and material losses related to transport in the amounts specified in the Transport Order, except for the costs of fuel used during the stoppage by the aggregate cold stores according to the average consumption norms declared by the manufacturer, which are due from the beginning of the downtime. The fee for the waiting time for loading or unloading over 48 hours is EUR 50 for each day started in the EU and EEA countries, in Poland it is PLN 100 for each day started over 24 hours, and in other countries it is EUR 50 for each day started over 24 hours. 72 hours. Payment for parking in excess of the established standards is made on the basis of a confirmed parking card.
7. In the event of exceeding the time limits referred to in point. 6 The Carrier may not leave the place of loading or unloading without the express consent of the Customer.
8. The Principal may deduct from the remuneration due to the Carrier for the performance of a specific Contract of Carriage, as well as from remuneration for other already completed Contracts of Carriage, compensation to him, lump sum compensation and other receivables for expenses incurred on behalf of the Carrier in connection with the performance of the Contract of Carriage so that when the Carrier’s receivables are not yet due.
§ 7. [The Carrier’s liability for non-performance or improper performance of the Contract of Carriage]
1. Due to the fact that the damage suffered by the Principal resulting from the delay in delivery, delay in arrival at loading, failure to deliver the vehicle (failure to perform the already concluded contract of carriage), although they are undoubtedly, in most cases it is difficult to quantify them, as often the damage calculation would entail expenses similar to its size, lump-sum contractual damages are determined, which the Customer has the right to deduct both from the remuneration for the transport service during which the damage occurred and from other Carrier’s liabilities when issuing a debit note.
2.If the Carrier, after concluding the Contract of Carriage, declares that he withdraws from it or will not proceed with its implementation, he will not provide the agreed means of transport at the agreed time and place (appropriate area and type of cargo space, such as tarpaulins, isotherms, cold stores, etc. .) after 2 hours from the end of the date on which the Carrier was to arrive at the place of loading, the Customer has the right to withdraw from the Contract of Carriage and charge the Carrier with the difference between the remuneration for the transport service agreed with the next carrier and the Carrier’s remuneration.
3. The Ordering Party is entitled to charge the Carrier with a flat-rate compensation, which does not exclude the possibility of seeking actual damage, in the event of:
1) arrival for loading after the agreed date:
a) in the case of FIX clause for domestic transport PLN 20, for international transport EUR 20 for each hour of delay;
b) in other cases: for domestic transport PLN 20, for international transport EUR 20 for each hour of delay after the third hour from the agreed time of arrival.
2) failure to comply with § 4 section 1 point 1 of the GT&C:
a) means of transport inconsistent with the Transport Order for domestic transport PLN 100, for international transport EUR 100;
b) other: for domestic transport PLN 50, for international transport EUR 50.
3) failure to comply with § 4 section 1 point 11 of the GT&C: for domestic transport PLN 100, for international transport EUR 100.
4) failure to comply with § 4 section 1 point 12 of the GT&C in a situation where there is no damage to the Ordering Party’s cargo for domestic transport PLN 200, for international transport EUR 200 .
5) Arrival at the recipient after the agreed date, in the case of the delivery date being covered by the FIX clause, the liability for damage resulting from the later delivery is not limited by the amount of the freight and may apply to damage otherwise specified than it results from civil law, if it was clearly indicated before the conclusion of the contract e.g. production discontinuation, a significant decrease in the commercial value of the goods, downtime of the ordered machines and service for unloading the goods, delay in completing the load for the next part of the transport, other.
6) In the event of unloading in a place other than provided for in the contract of carriage without the Client’s agreement and express approval, and the carrier fails to deliver the goods immediately to the agreed place, he is obliged to cover the costs of loading and transport to the place provided for in the contract of carriage.
4. Compensation based on the actual extent of the loss includes any lump sum compensation on the same basis.
§ 8. [Confidentiality]
1. It is agreed that economic contacts between the Customer and the Carrier are subject to commercial secrecy towards third parties as to their existence, content and intensity. The content of the Contract of Carriage, as well as all information, materials and documents relating directly or indirectly to the Customer, as well as any persons related or cooperating with him, including his customers, employees or associates, including subcontractors, as well as regarding the Contract of Carriage that will be transferred The Carrier by the Principal in connection with the performance of the Contract of Carriage in any form, including oral, written and e-mail, will be treated as fully confidential and as a business secret of the Principal and the above-mentioned entities within the meaning of art. 11 sec. 2 of the Act of April 16, 1993 on Combating Unfair Competition (hereinafter referred to as “Confidential Information”). Confidential information will be used only for the implementation of the Contract of Carriage and will not be disseminated or made available by the Carrier to third parties, except for persons directly involved by the Carrier in the performance of the Contract of Carriage (including its employees, associates, proxies, representatives, any persons used by the Carrier for the purposes or in the course of the performance of the Contract of Carriage) provided, however, that they are obliged to maintain confidentiality on the terms set out in this paragraph. The carrier is obliged to take appropriate measures to keep confidential information confidential, in particular to prevent access by unauthorized persons.
2. In the event of a breach of the provisions of point 1 of this section, the Principal is entitled to compensation.
§ 9. [Final provisions]
1. Any disputes related to the performance of the Contract of Carriage shall be settled by a common court competent for the seat of the Principal. The parties submit any disputes that may arise in connection with the implementation of the Contract of Carriage to the jurisdiction of Polish common courts.
2. The law applicable to the Transport Agreements concluded on the basis of these GTC is Polish law. In matters not regulated in the Transport Order and GTC, the Civil Code, Transport Law and the CMR Convention shall apply.
3. The GTC in this wording shall enter into force on October 1, 2021, provided that they are posted on the Principal’s website in a way that allows the Carrier to access them.