Formality

Dokumenty

General Terms and Conditions
for Transport Services

1. Introductory Provisions 

1.1. These General Terms and Conditions for Transport Services (these "GTC") apply to all services provided for GDP Service s.r.o. (hereinafter referred to as "GS") in the transport of goods in domestic and international road transport (hereinafter referred to as "Services") by the carrier (hereinafter referred to as the "Carrier"). If they are attached to the contract between GS and the carrier or to the order of transport issued by the GS carrier (hereinafter referred to as the "Contract"), or if they are referred to in the Agreement, then these GTC are part of it; In the event of a conflict between these GTC and the Agreement, the provisions of the Agreement shall apply preferentially. 

1.2. The application of any conditions of the carrier and in particular any conditions of local carrier associations such as ADSp, Fenex or RHA is excluded. 

1.3. For cross-border transport, the conditions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) apply. For domestic transport, the wording of Act No. 89/2012 Coll., the Civil Code, shall apply. 

1.4. Nothing in the Covenant shall constitute a partnership and shall not be construed as a partnership between the parties. 

1.5. The Carrier is neither entitled nor authorised to perform any acts, enter into contracts, make representations, give warranties, assume obligations or responsibilities of any kind on behalf of GS, whether expressly or implicitly, or otherwise bind GS. 

1.6. GS is not obliged to place orders or any transport volumes with the carrier. 

1.7. If any provision or sub-provision of these GTC is prohibited by law, invalid or unenforceable, then this provision or sub-provision must be separated from these GTC to the required extent and invalidated to the maximum extent possible without changes to the remaining provisions of these GTC, and may not affect the validity of these GTC in any way. If necessary, GS will notify the carrier of a substitute provision to be added to these GTC and which will correspond to the maximum extent possible to the meaning and purpose of the relevant provision it will replace. 

2. Obligations of the carrier 

2.1. The carrier must comply with all applicable laws. The carrier undertakes to train its employees to ensure compliance with all regulations related to transport issues. The carrier agrees that GS or its authorized auditor is entitled to carry out an audit of GS compliance with the carrier if GS has reason to believe that the carrier is not complying with the regulations related to transport issues in a material way, and also at reasonable intervals without giving a reason. The GS shall notify the completion of the audit within a reasonable time. The carrier must support the GS or the auditor in the conformity audit to a reasonable extent. The carrier also undertakes to carry out a conformity check (in-depth inspection by a third party) at the request of GS. The Carrier is obliged to carry out the legally required relevant risk analyses in order to identify human rights and environmental risks and to enable and adequately support these risk analyses carried out by GS, The Carrier shall regularly inform GS of all breaches and risks in the supply chain that it has identified and of the measures it has taken in this regard. The Carrier is obliged to pass on the information received from GS on accessibility, responsibility and the conduct of the complaint procedure in an appropriate manner to its employees and other third parties used by the Carrier in the performance of GS's orders. The carrier may not discriminate or punish the employee on the basis of his complaint. 

2.2. The carrier will ensure that the goods are received on time, within the agreed time window at the place of loading, and transported and delivered on time without loss or damage to the recipient at the place of destination. Immediately inform GS (using emergency numbers if notified by GS numbers) of any impediments to receipt, carriage and delivery, any delays which become apparent, any loss of or damage to goods and any other obstacles and threats to carriage, including where this is the result of circumstances;  which the carrier is unable to avert and asks GS for instructions. In the event of an accident, fire or theft, they must also inform the local police authorities immediately. 

2.3. During the provision of transport services, only authorised personnel for this transport may be in the vehicle. 

2.4. Unless otherwise stipulated in agreed cases, the carrier assumes responsibility for loading and unloading the goods, securing the goods on the vehicle and adequate supervision. If the loading is carried out by GS in individual cases, then GS acts as an intermediary authorized by the carrier. If the parties agree in writing that the carrier is not responsible for the loading, then the carrier is obliged to supervise the loading and must ensure loading in accordance with the safe operation of the vehicle. 

2.5. Guarded parking spaces or enclosed private parking property must be used when the vehicle is parked and left unattended, especially during rest periods and also on weekends. A parked vehicle must be locked and sufficiently secured against theft. 

2.6. The transshipment of goods and the receipt of any additional goods for full load orders are strictly prohibited, unless GS has given the carrier its prior written consent. 

2.7. The carrier must fully and accurately record the receipt and delivery of the goods, either on the shipping documents specified by the GS or using the appropriate web applications. The carrier is obliged to provide GS with confirmation of delivery in writing and electronically within 7 (seven) calendar days after request from GS. Upon receipt of the goods and at each subsequent interface, the carrier checks the goods for completeness (number of packages) as well as whether the goods are visibly damaged externally and seals and seals are not damaged, and records any discrepancies in writing. The carrier shall ensure that any discrepancies found are confirmed by the party from whom the goods have been received and by the party to whom the goods are handed over, in writing and with all details. 'Interface' means any transfer of goods from one legal entity to another, as well as a supply at the end of each leg of a route. If the carrier accepts a sealed unit (i.e. swap bodies, interchangeable boxes, containers), then its inspection duty is limited to checking the identity and external integrity of the unit and the seal. 

2.8. The carrier shall ensure that the driver complies with the requirements of the forwarder/consignee applicable at the place of loading and at the place of destination, such as house rules, hygiene or safety requirements. 

2.9. Subcontracting of the Services or any part thereof requires the prior written consent of GS. If the carrier subcontracts the services or any part thereof, then it continues to be liable to GS as if it had provided these services itself. No agreement under which the Carrier subcontracts the Services or any part thereof shall relieve the Carrier of any of its obligations or obligations under the terms of the relevant contract. Fulfillment through a third party in the sequence is strictly prohibited. When outsourcing an order, the carrier is strictly prohibited from using load exchanges, as is practiced by TimoCom, for example. 

2.10. If the carrier does not fulfil the agreed obligations, GS is also entitled to entrust the performance of the services to a third party. The carrier must reimburse GS for any additional costs incurred. 

2.11. The Carrier is obliged to send information about the loading time after the vehicle leaves the place of loading. The carrier is obliged to send information about the time of unloading on the day of unloading after the vehicle arrives at unloading. If the carrier does not have this possibility, it is obliged to inform the GS employee who issued the transport order about the departure or arrival of the vehicle without delay after the vehicle leaves the place of loading or upon arrival at the unloading point. The carrier is obliged to send a copy of the CMR or other confirmation of delivery, in the case of transport under controlled temperature also a thermal printout to the address invoice@gdpservice.cz  within 24 hours of delivery of the goods, so the carrier has the right to proper payment of the invoice only after fulfilling this obligation. The thermal printout must contain a record of intervals not greater than 15 minutes, GPS record. The carrier is obliged to provide the original CMR or other proof of delivery without undue delay, at any time upon request. 

3. Vehicles used 

3.1. The Carrier shall only use vehicles that are technically sound, clean and roadworthy, and that are repaired and maintained at the legally required intervals or those recommended by the manufacturer if shorter. In addition, the loading area must be dry, dust-free, odorless and waterproof. The reserved bed area must be empty. Only vehicles that comply with applicable laws, in particular existing European emission standards, are permitted. All vehicles must have a top speed limiter, idling shut-off, low rolling resistance tyres, an automated manual transmission, permitted aerodynamic upgrades and, where applicable, flat loaders (swap bodies, semi-trailers). Within 12 months of the introduction of a new emission class with higher market requirements, all vehicles used to perform services for GS must comply with this emission class. GS prefers to use vehicles using environmentally friendly technologies. This includes trucks with alternative propulsion systems such as CNG, LNG, electric or fuel cells, as well as their respective hybrid versions. 

3.2. Only vehicles that offer protection against weather conditions and that have the necessary equipment to secure the load so that the goods are secured against loss or damage at all times, in particular against access by unauthorised persons, may be used. 

3.3. During the provision of the services, vehicles shall be equipped with a mobile phone with an internet connection and GPS function (e.g. a smartphone or a comparable suitable electronic device) which must be activated. The carrier must provide GS with the current telephone numbers at any time on request. The driver must be available by phone at all times. 

4. Other obligations of the carrier 

4.1. The Carrier guarantees that it owns the necessary permits (e.g. municipal license/EU license, third country permits, CEMT permits, Swiss license) in accordance with the applicable legislation. The carrier will immediately inform GS of the loss or refusal of the necessary authorisation. In addition, at GS's request, the carrier must provide proof of registration in the Trade Register and/or proof of its registration as a business entity, a copy of such authorisation. If the services are subcontracted in accordance with Section 2.9., the carrier is obliged to check that the subcontractor holds the authorisations and authorisations referred to in clause 1 of Section 4 before placing the subcontractor in service, and must present them to GS upon request. 

4.2. The Carrier guarantees that it has sufficient human resources and material means (equipment) to perform the Contract and that it will perform the Contract in accordance with applicable labour legislation (e.g. social legislation: Regulation (EC) 561/2006). In the event of obstacles to transport and delivery or other disruptions to the transport process, even if unforeseeable, the carrier shall take all necessary measures to ensure compliance with these provisions. 

4.3. The Carrier guarantees, on its own behalf and on behalf of each subcontractor used in the performance of the services, that these services will be performed in accordance with the legal provisions applicable to employees, in particular in accordance with the provisions on social welfare and the applicable legislation on minimum wages and the payment of social security contributions. The carrier warrants to GS on its own behalf and on behalf of any subcontractor used in the performance of the services that: 

a) all employees involved in the performance of the services receive correct and legal pay and benefits in accordance with applicable legislation and the provisions of any applicable collective agreements for the categories to which they belong; 

b) he or she has not been penalised in the past by a public authority or a court as a result of offences relating to the payment of salaries, benefits and social security contributions; 

b) has never been excluded from public procurement for this reason. 

4.4. The Carrier shall grant GS the right to check compliance with all applicable statutory provisions at any time. These checks may be carried out either by GS or by a third party on behalf of GS. The carrier will assist in these inspections and work closely with GS or a third party designated by GS. Upon request, the carrier shall provide written evidence of compliance with the applicable legal provisions. If, as a result of GS's requirements, the carrier risks non-compliance with these legal obligations, in particular with regard to travel and rest times, then GS must immediately notify GS of this fact in writing. The carrier is obliged to inform GS immediately of the initiation of any official measures, including criminal investigations or irregularities, against him and/or his representatives (including subcontractors) if such measures are related to services for GS. This applies in particular to measures or investigations of property or traffic offences, social regulations, other working conditions and minimum wage regulations. The carrier shall also notify GS without delay if it has been sanctioned or excluded pursuant to clauses 4.3(b) and (c) above. 

4.5. The Carrier undertakes to strictly comply with the relevant provisions on the transportation of dangerous goods. If dangerous goods have to be transported, if necessary, only persons and vehicles that have an ADR certificate and are equipped for the transport of dangerous goods in accordance with the relevant regulations for the transport of dangerous goods, e.g. ADR, will be used. If necessary, the carrier shall ensure that the appropriate protective clothing is worn by the persons concerned. Furthermore, the carrier undertakes to strictly comply with the applicable rules for cabotage operations. 

4.6. When transporting food or feed, the carrier shall comply with all applicable requirements of food or feed law for the food or feed business operator. The carrier is required, among other things, to be registered with the competent authorities as a carrier of feed or foodstuffs. 

4.7. For security reasons, cameras may be used at the Customer's premises. The supplier is obliged to ensure that its employees are aware of this. 

4.8. The Carrier shall use only employees who have the necessary knowledge and skills and whose reliability corresponds to the performance of services. It will train its staff on a regular basis, in particular with regard to the necessary documentation and compliance with the relevant legislation, while also informing them that illicit drug use is prohibited. It will only employ persons who hold the required driving licence and the required qualification of a professional driver and who submit a current criminal record. Persons who have previously been convicted of property crimes, in particular theft, embezzlement and robbery, or of traffic offences, may not be used to perform services under any circumstances. Employees must present themselves well when meeting GS customers or GS employees, and must be able to speak the language of the country of origin and/or destination of the transport, and/or English, if possible. 

4.9. The Carrier is responsible for the reliability of its contractual partners, employees or other persons acting on behalf of the Carrier and verifies it with the help of appropriate documents. Upon request of GS, the carrier will demonstrate the reliability of its company and its contractual partners, employees or other persons. Under no circumstances may persons who have been convicted of relevant offences (e.g. property offences, in particular theft, embezzlement or robbery; traffic offences or relevant offences against drug laws) be used for the performance of the contracted services. 

4.10. During the provision of the Services, the Driver must identify himself with a company ID card or other identity document at GS's request and must present an identity card in accordance with the access control rules when staying at third party premises. 

4.11. Upon request and within a short period of time, the carrier shall provide GS with up-to-date lists of the names of the subcontractors used and their employees and inform GS of any changes to these lists. In addition, in the event of a legitimate interest on the part of GS, the carrier is obliged, on request, to inform GS on a case-by-case basis which driver (full name and address) was used by GS or its subcontractor for a particular transport. GS has a legitimate interest in the event of, for example, complaints about inappropriate behaviour, violations of applicable regulations relating to the operation of activities under these GTC and violations of laws or criminal activities in connection with a specific transport. If there are such indications, GS may refuse further use of the driver. GS is entitled to store and use this data for contractually agreed purposes in accordance with applicable data protection legislation. 

4.12. The Carrier will carry with it the legally required documents on request, which it will present upon request, and other documents listed in points 4.1 - 4.11 above, as well as documents proving the qualification of the drivers, proof of the qualification of the driver, all required supporting documents, to GS for inspection. The documents referred to in point 4.1., sentence 1 must not be wrapped in shrink wrap or covered in a similar way with a non-removable protective film. In addition, the carrier must immediately authorise GS and any third party authorised by GS to carry out vehicle inspections at all times. The carrier shall issue appropriate general instructions to its employees. If deficiencies are found during the inspection of documents, vehicles or employees, GS may refuse to hire employees or load the vehicle in question and demand their immediate replacement by an employee or vehicle complying with the requirements of the contract. GS can simply terminate the contract with immediate effect. The carrier is obliged to pay compensation for any damage incurred by GS as a result of a breach of obligations under this paragraph. 

4.13. The carrier shall strictly comply with patent rights, utility model rights, trademark rights and all other rights of GS and its subsidiaries in order to protect property, in particular as regards the handling of its logo, marks, etc., and shall prevent any damage or misuse and shall only use such logos, marks, etc., in agreement with GS and in accordance with its instructions. 

4.14. The carrier confirms in writing receipt of the means provided by GS (e.g. means of transport). It will only transport or use these funds for the purpose of providing services. These transferred funds will be carefully managed and protected from loss and damage. Upon request, they will immediately return them to GS at any time in perfect condition.

4.15. For transport with semi-trailers or swap bodies ("hereinafter referred to as equipment"), the carrier undertakes to regularly use its own equipment; GS is not obliged to provide the device to the carrier. If the carrier provides GS with the equipment, then it is intended exclusively for the performance of services for GS. When handing over the device, the carrier must verify that it is fit to drive, technically sound and in undamaged condition, and that it has all the required documents and certificates. The carrier must immediately inform GS of any discrepancies. If damage to the equipment is detected, the carrier is obliged to record the damage and have the damage confirmed in the shipping documents (e.g. consignment note/CMR) by the party handing over the equipment. Damage must also be reported to GS before departure. If it is not certain that the equipment is technically competent, or if any required document or certificate is missing or invalid, the carrier must wait for instructions. The haulier must ensure that the equipment data marked in the consignment note (swap body number/trailer registration number) are identical to the equipment received. The carrier must immediately notify GS of any discrepancies and await instructions. These instructions must then be recorded by the carrier in the consignment note, specifying the equipment data. If the freight documents do not contain equipment data, the haulier must contact GS immediately upon receipt of the equipment and provide GS with the swap body number or trailer registration number in writing or verbally with reference to the relevant journey/loading number. The carrier undertakes to constantly monitor the equipment during its use to ensure that it is roadworthy and safe to operate. In the course of this monitoring, the following items must be checked, among other things: tyre pressure, brake and light functions as well as all other functions relevant for roadworthiness and safe operation. The carrier is responsible for loss or damage to the equipment in the period between the receipt of the equipment by the carrier and its return to GS. The carrier must use the equipment carefully and carefully protect it from damage and loss using suitable means (e.g. knuckle). The carrier is obliged to return the device to the starting point of the journey. The carrier must prove to GS that the equipment was returned undamaged (e.g. by proof of return or freight documents certified by the consignee). 

4.16. The Carrier confirms that it will comply with all applicable export restrictions, laws and regulations, and that it will not maintain any relations with persons or organizations subject to restrictive economic measures by the relevant national governments or international organizations for the purposes of export control and economic sanctions. The Carrier agrees not to be wholly or partly owned, connected or otherwise controlled (whether directly or indirectly) by a party on any applicable sanctions list as a party denied access or a party restricted in terms of access, and not to engage, deploy or use any such listed party as employees, providing services and/or acting on behalf of GS. The carrier declares that it will not transit through countries subject to extensive EU, US or UN sanctions. The carrier further undertakes to comply with any other instructions issued by GS regarding the final destination and the end user/end use of the shipment. Goods for military purposes must not be transported through countries subject to an arms embargo. 

4.17. At GS's request, if legally permissible, the carrier shall electronically send or make available all information and documents, including accompanying documents for carriage, invoicing documents, contract documents, EU licenses, documents relating to. The carrier undertakes that all information is complete, correct and accurate. 

4.18. GS is entitled to charge the carrier a contractual penalty in the amount of EUR 200 in the following cases: 

(a) the carrier does not inform GS of the delay in arrival (or late arrival/delay in arrival) for loading/unloading, or 

b) the carrier does not inform GS of problems during transport, or 

c) the carrier breaches the obligations laid down in paragraph 2.9 

4.19. GS's right to compensation for any other damages remains unaffected at all times. 

5. Prices 

5.1. GS will pay the agreed price for the carriage performed. The agreed price does not include value added tax, which will be added at the statutory rate. 

5.2. Payment of the price for carriage is subject to the submission of a correctly issued confirmation of delivery (with the stamp and signature of the consignee) subject to the conditions in paragraph 2.11. 

5.3. Any claims by the Carrier in the event that GS cancels the Transportation Order are excluded. 

5.4. Any claims of the carrier for delay are excluded if the waiting period is not more than twenty-four hours for one loading/unloading and if the carrier does not reach the place of loading/unloading within the agreed time. Any claims by the carrier for demurrage are excluded unless the waiting period is confirmed in writing by the consignor or consignee. 

5.5. The parties agree that in the event of GS's delay in paying a duly and flawlessly issued invoice by more than 15 days, the carrier is entitled to charge GS a default interest of 0.02% for each commenced day of delay, provided that the first day for which it is entitled to charge default interest is the 16th day after the invoice is due and subject to prior written notice of such delay delivered to GS

5.6. After the end of the agreed billing period, which is 1 calendar month, the carrier will issue an invoice. The due date of invoices is 60 days from the date of delivery of a proper and faultless invoice with all the requisites of a tax document of GS, or an accounting document issued by a non-VAT payer. The carrier declares that it does not consider this maturity arrangement to be grossly unfair. 

5.7. The carrier, which is a VAT payer, undertakes to state on the invoice such its bank details that will be to the domestic bank and that will be published by the tax office on the Internet at the time of issuing and maturity of the invoice, as required by Act No. No. 235/2004 Coll., on Value Added Tax, as amended (hereinafter referred to as the "VAT Act"), so that GS would not be in the position of a guarantor for the payment of VAT on behalf of the carrier due to payment to an undisclosed or foreign bank account. 

5.8. If the carrier, which is a VAT payer, becomes an unreliable VAT payer within the meaning of Section 106a of the VAT Act by the due date of the invoice and GS thus finds itself in a position where, according to the VAT Act, it is liable for the payment of VAT by the carrier, the carrier is obliged to inform GS of this fact without delay. 

5.9. If GS is in a position where it is legally liable for the payment of VAT on behalf of the carrier, GS is entitled to pay the value of the invoice to the carrier only in the amount excluding VAT and pay the VAT to the account of the local tax office of the carrier and the carrier agrees to this procedure. Furthermore, in the event that the circumstances referred to above in this article occur, GS also has the right to suspend payment of the full amount of the obligation until the carrier informs it of its bank account number, which is maintained in a Czech bank and published by the tax office. In both cases, the obligation is deemed to have been fulfilled properly and on time and GS is not in default with payment. In this case, the carrier declares that in the event of a change in its locally competent tax office, it will inform GS of this fact without delay, otherwise the carrier will bear any costs arising from the fact that the VAT amount was not remitted to the relevant tax office in time. 

5.10. The Carrier is obliged to compensate v for any damage caused to it by non-compliance with the obligations set out above in this Article and, in addition, GS is entitled to withdraw from this contract. The withdrawal becomes effective on the day of its delivery to the carrier. 

5.11. GS is entitled to set off the carrier's legitimate claims against claims of the same type as it has against the carrier. 

6. Confidentiality and client protection 

6.1. The Carrier undertakes and agrees to keep in strict confidentiality and confidentiality at all times all information that is confidential or secret in nature, including, but not limited to, information relating to forecasts, prices, discounts, handling costs, sales statistics, markets, inventory information, customers, employees, and technical operational and administrative systems (hereinafter referred to as "Confidential Information"),  in relation to GS and GS customers, which it may acquire in connection with the performance of the contract. The Carrier shall not use or disclose such confidential information to any other person, firm or company outside the Carrier's group of companies and their respective professional advisers, except as necessary and in good faith in connection with its obligations under the Agreement; However, if any part of the Confidential Information is already generally known on the market or becomes generally known without breach of the confidentiality obligation, or if it must be disclosed by law or court order, then the above confidentiality obligations with respect to such part of the Confidential Information cease to apply. Notwithstanding the above, the Carrier agrees not to use the Confidential Information for its own commercial purposes except to perform its obligations under the Agreement. Such confidentiality obligations shall apply for a period of five years from the date on which the carrier receives the relevant confidential information, regardless of the termination or expiration of the contract. 

6.2. The Carrier shall not provide the same or similar services as those provided under the Agreement, either directly or indirectly, through third parties (with the exception of GS), to GS clients, for whom it provides services on behalf of GS and with whom the Carrier comes into contact as a result of the provision of services by the Carrier and GS's customers, already existing on the basis of: 

a) conclusion of a contract, or 

b) of the planned contract or the actual performance of the contract, whichever occurs earlier, the obligations in point 6.2 of these GTC will remain unaffected. 

The obligation to protect the client ceases to exist:

a) on the date of expiry of 6 months from the termination of the business relationship between GS and the customer, or 

b) 6 months from the termination or expiration of the contract. 

7. Liability and Indemnification 

7.1 The Carrier acknowledges and accepts that GS provides logistics services for its customers. Therefore, if the carrier breaches the provisions of these GTC or otherwise causes or allows loss, damage or delay, it is likely that GS itself will suffer damage or become liable, according to the terms of the agreements it has concluded with its customers. 

7.2. In accordance with the provisions of Article 1 

7.3 The Carrier agrees to indemnify GS against all claims, demands and losses of any kind and caused by anyone arising out of or in connection with the Services, whether incurred against GS under the terms of any agreement with its customers (in which case the Carrier shall be liable to the extent set out in this Agreement) or otherwise. This obligation to indemnify GS includes all claims against GS arising from alleged violations of applicable minimum wage laws, social security contributions, cabotage rules or social regulations such as driving time and rest periods. 

7.3 If the CMR or other similar binding legal regulations are mandatory to apply to one of GS's customer agreements or services, the carrier shall indemnify GS due to GS's liability under the CMR or other similar mandatory legal regulations. 

7.4. In addition to the carrier's liability under paragraphs 7.2 and 7.3, the carrier shall reimburse/indemnify GS for all costs incurred for GS's defence against any claim against GS arising out of or related to the services. For the purposes of this provision, these costs include, inter alia, all legal costs incurred by GS and any third-party costs that GS is required to pay or reasonably settle. 

7.5. Except in the case of death or personal injury caused by GS's negligence, GS's liability to the contracted carrier arising by contract, by law, by deposit, breach of statutory duty or any loss, damage, cost or expense of any nature whatsoever shall be limited to EUR 10,000 or equivalent in local currency. 

7.6. In no event shall GS be liable to the Carrier for any losses, claims, costs, damages, damages or expenses of any indirect or consequential nature incurred by the Carrier, including, but not limited to, any direct or indirect economic or business losses, loss of reputation, market share or profits, howsoever arising, including GS's negligence.

8. Insurance and claims settlement 

8.1. The Carrier undertakes: 

a)  conclude and maintain the following insurance policies:

  • Employers' liability insurance, as required by the applicable laws of the jurisdiction in which the services are to be provided and the country in which the carrier is established; 
  • Motor third-party liability insurance, as required by the applicable laws of the jurisdiction in which the services are to be provided and in the country in which the carrier is established; 
  • Liability insurance for losses and damage to third-party transport equipment (trailers, swap bodies, containers, semi-trailers, chassis, etc.) provided by GS and not owned by the carrier; 
  • Full general liability insurance covering the carrier's legal liability to third parties for injury or death of persons (including GS employees) and/or damage to property of third parties (including GS property); v. adequate liability insurance sufficient to cover the liabilities assumed by the carrier in accordance with the provisions of these GTC or otherwise assumed in the course of the provision of services. 

b) upon request by GS, provide GS with copies of all insurance policies referred to in 

8.1 (a) above; (c) immediately notify GS of any material changes to these contracts or of the expiration of any of the contracts referred to in point 

8.1 (d) inform the relevant insurer of the part of the contract that is relevant to the insurer. 

8.2. The Carrier shall ensure that all claims for damages made by GS are settled without delay and reported to the Carrier's insurer. The carrier notifies GS of the insurer's reference number. In the event of damage to property or personal injury caused or presumed to have been caused by the carrier's personnel during the receipt, transport or delivery of the goods at the premises of the customer, consignee or other parties, GS reserves the right to disclose to the customer or consignee at the customer's or consignee's request the name, address and contact details of the carrier in order to clarify the circumstances of the damage. 

9. Term and termination 

9.1. In the case of pending commitments, the usual notice period is one week. This is without prejudice to the right of either party to immediate termination of the contract for excusable reason. An excusable reason on the part of GS arises if: the carrier has breached the contract in a serious manner; the carrier does not perform its statutory or contractual obligations; any violation of the Code of Ethics 

9.2. Each termination must be in writing. 

10. Changes to these GTC or the Agreement 

10.1. Changes to these Terms and Conditions or additions to these Terms and Conditions shall be notified by GS to the Carrier in writing. The relevant changes will be considered accepted unless the carrier raises objections and sends GS in writing within 10 working days of receipt of this notification. 

10.2. Changes or additions to the Contract may only be made in writing. The same applies to any waiver of the written form. 

11. Miscellaneous 

11.1. The set-off or retention of claims against GS claims or the assertion of any lien on the goods or the retention of the goods by the carrier is excluded. 

11.2. The Agreement does not create and shall not give rise to any right of a third party against GS which is enforceable by a person who is not a party to this Agreement. 

11.3. An assignment of a claim by the Carrier (i.e. factoring) against GS is only possible if the Carrier notifies GS of the assignment of the claim, including all necessary information (orders and creditor numbers, names, addresses, account numbers of the new creditor, amount, date of validity of the assignment, etc.) and if GS agrees to the assignment in writing in advance. 

11.4. The parties agree that this Agreement shall be governed by the Law of the Czech Republic. 

11.5. The competent court shall be the court of the place where GS has its registered office. 

11.6. The failure of GS to exercise or delay in exercising any right, entitlement or remedy under law or these T&C or under the contract shall under no circumstances affect such right, entitlement or remedy, nor shall it constitute a waiver of any right, entitlement or remedy. A waiver of any right, power or remedy by GS is not effective unless made in writing. 

11.7. The Carrier hereby expressly confirms that these General Terms and Conditions of Carriage for Carriage Services apply to all transport orders for Services granted by GS for the carriage of goods in national and international road transport and freight transport. 

 

Place, date, stamp / carrier signature

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Address

GDP Service s.r.o.
nám. T. G. Masaryka 1281
760 01 Zlín
Czech Republic

Phone

(+420) 774 861 888

Support

info@gdpservice.cz.
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