VENAX TRANSPORT SERVICES TERMS OF SERVICE
Dear customer, In connection with the services and carriage of goods performed for you, we make available the regulations which are the basis for taking the goods in the carriage A lower document is a condition of our company's service, it must be strictly observed by you. In the event that you do not comply with the terms of our services, you are obliged to resign from the service you ordered and/or notify us of this fact in order to establish the details by email firstname.lastname@example.org
GENERAL TERMS OF REFERENCE
Regulations for the execution of transport orders by Venax Sp. z o.o.
I. General provisions
(1)These Regulations set out the principles under which the Contractor, hereinafter referred to as Venax sp. z o.o., undertakes to execute transport orders.
(2) Venax performs carriage on the basis of the agreement concluded with the Ordering Party, including the one concluded by way of an offer.
II. Order of carriage and acceptance of the order
(1) Whenever Venax receives an offer to conclude a contract of carriage, the offer may only be accepted on the basis of an explicit Venax's reply, including a statement of its acceptance. The application of Article 682 of the Polish Civil Code is excluded.
(2) Failure to confirm acceptance of the offer to conclude the contract may not result in Venax being charged contractual penalties.
(3) Any express acceptance by Venax of the offer is equivalent to acceptance of the offer, subject to any changes or additions to its content resulting from the provisions of the General Terms of Reference applied by Venax .
(4) If, within 30 minutes of receipt by the Client of Venax's explicit confirmation of acceptance of the offer, the Client does not express objection to the introduction of changes or additions to the content of the offer resulting from the general terms and conditions of order applied by Venax , the parties are bound by an agreement with the content specified in the offer amended or supplemented by the provisions of the general terms and conditions of contract applied by Venax. If the Client objects to the introduction of changes or additions to the content of the offer resulting from the general the terms of contract applied by Venax , the contract shall be deemed not to have been concluded
(5) In case of doubt, the agreement shall be deemed concluded at the time of receipt by the Client of Venax's express statement of acceptance of the offer.
(6) From the moment the Parties are bound by an agreement consistent with the content of the offer amended or supplemented by the general terms and conditions of the order applied by Venax, the Parties are obliged to exercise due diligence in performing the contract. From now on, the parties are liable for non-performance or improper performance the performance of an obligation under general terms and conditions, subject to section IV. 1 of these general terms and conditions.
(7) In case of cancellation of the order by the Client on the day of loading the goods, the Client is obliged to pay Venax a penalty of an agreed amount equivalent to 1/2 of the freight.
III. Execution of the order
(1) Venax may entrust a third party with the execution of an order, in particular where the lack of personal action is justified by the circumstances accompanying the order. Venax is not responsible for the actions of a third party to whom it has entrusted the execution of the order while being entrusted to do so. to those entitled.
(2) In circumstances justifying the change of the method of order execution, Venax may withdraw from the method of order execution indicated by The principal without his prior consent.
3) Authorised entrusting the execution of the order to a third party or an authorised change in the manner of execution of the order may not cause a burden Venax contractual penalties, as well as the withdrawal from payment of remuneration, reduction of the freight rate, and extension of the payment deadline beyond the date indicated by Venax on the VAT invoice for the order.
(4) Venax carries out carriage on the dates specified in the order. In the case of obstacles difficult to remove, Venax may depart from the deadlines the execution of transport indicated in the order.
(5) Venax's failure to meet the deadlines for transport specified in the order in accordance with point 4 may not result in Venax being charged with contractual penalties, such as also by waiving the payment of remuneration, reducing the freight rate, as well as extending the payment period beyond that indicated by Venax on the VAT invoice for the order. Failure to confirm the status of the order execution may not result in Venax being charged with contractual penalties, such as also by waiving the payment of remuneration, reducing the freight rate, as well as extending the payment period beyond that indicated by Venax on the VAT invoice for the order.
(6) Venax shall draw up transport documentation and deliver it to the Ordering Party within the period depending on the nature of a given order, including in particular the way it's done. Failure to provide transport documentation within the time limit specified in the content of the order or the contract specimens used the Ordering Party cannot result in Venax being charged with contractual penalties, as well as withdrawal from payment of remuneration, reduction of the rate The deadline for payment is extended beyond that indicated by Venax on the VAT invoice for the order.
(7) In the event of incomplete, erroneous or disordered transport documentation being delivered, Venax reserves the right to make a follow-up delivery. The charging of contractual penalties and other charges for incomplete delivery to Venax is excluded, with erroneous or disorderly transport documentation, including the exclusion of waiving of remuneration, reduction in the amount of the agreed freight rate, as well as the extension of the payment deadline beyond that indicated by Venax on the VAT invoice for the order. The remuneration for the execution of a transport order is payable within a maximum of 45 days, unless the Ordering Party's order stipulates less days from the date of service by Venax
(8) The remuneration for the execution of a transport order is payable within a maximum of 45 days, unless the Ordering Party's order stipulates less days from the date of service by Venax
(9) Venax performs information duties related to the execution of the transport order. In case of circumstances hindering or which make it impossible for Venax to fulfil its information obligations, Venax may refrain from informing the Ordering Party about the course of performance orders.
(10) Venax's failure to comply with the obligation to provide information under the conditions set out in point 9 cannot be considered as improper the performance of the contract and may not result in the imposition of contractual penalties on Venax, as well as withdrawal from payment of remuneration, reduction freight rate, as well as the extension of the payment deadline beyond that indicated by Venax on the VAT invoice for the order. The order is executed by Venax without changing pallets (Gitterboxes, boxes, Euro pallets and other containers) at the place of loading and unloading. Other terms and conditions of execution of the order may only be agreed upon upon upon the express consent of Venax. (11). Venax will carry out the order without charging Venax with the handling costs associated with transportation. These general terms of order exclude the charging of such costs to Venax on any account.
(12) In the event that Venax was ready to execute the order, but was prevented from doing so by reasons attributable to the Principal, in In particular, if the execution of the order will be disabled due to lack of goods in the agreed place of loading, the Principal is obliged to to pay Venax a contractual penalty of ¾ of the agreed freight.
(13) In the event that during the execution of the order by Venax, for reasons attributable to the Principal, the free time is exceeded the stoppage referred to in section VI point 1 of these general terms and conditions of the order, the Ordering Party is obliged to pay to Venax a contractual penalty in the amount of 50 euros for each commenced hour of the stopover, starting from the first hour above the free time.
IV.Responsibility of Venax
1) Venax shall only be liable for damage caused to the Principal through intentional fault. The establishment of a contractual penalty for damage is excluded arising from the non-performance or improper performance of the contract for a reason other than Venax's wilful misconduct.
(2) The fact that the act or omission of Venax, from which the damage resulted, constituted a failure to perform or improper performance of the obligation excludes the Principal's claims for compensation for damage due to tort. (3) Nothing in the agreement concluded between Venax and the Client waives any exclusion or limitation of liability Venax as defined in these general terms and conditions or in the generally applicable legal regulations. The amount of compensation claimed from Venax cannot exceed the amount to which its liability is limited. The limit is . Venax's liability is determined by the proven value of the damage suffered.
(1) the court with exclusive jurisdiction for disputes arising from agreements concluded in accordance with the procedure set out in these general terms and conditions shall be the court appropriate to the location of Venax .
(2)None of the provisions of the agreement concluded between Venax and the Ordering Party shall revoke the exclusive jurisdiction of the court referred to in point. 1.
(3) The provisions of the model agreement will not apply to the agreements concluded under the procedure set out in these general terms and conditions of the order. The clients are concerned about the jurisdiction of the court.
(4) Designation of the court with exclusive jurisdiction in accordance with point. 1 - 3 does not apply to the exclusive jurisdiction of the court resulting from the commonly binding of the law.
VI. Final provisions
(1). the first 12 hours of a stopover are considered as free time. In the case of forward deliveries ("fix term" clause), the following shall be considered as free time offthe first 2 hours of the stopover are considered.
(2) Venax does not accept the SKONTO option as a condition of order execution. These general terms and conditions of the order exclude the SKONTO option as an execution condition the orders, except when Venax has expressly agreed to such condition.
(3) Venax is registered in the MiLoG system and accepts and applies all rules arising therefrom.
(4) Venax reserves the right to additional compensation in excess of the amount of the stipulated contractual penalties up to the actual amount of losses suffered