GENERAL TERMS AND CONDITIONS OF TRADE

Article I
Subject:

General terms and conditions of Trade (hereinafter referred to as „GTCoT“) of MO Slovakia s.r.o. are issued for the purpose of specifying terms and conditions resulting to the parties from the contract on the freight of items concluded pursuant to Act No. 513/1991 Coll., (hereinafter referred to as „Commercial Coe“) as amended, or from the freight contract concluded in accordance with the Convention on the Contract for the International Carriage of Goods by Road ( hereinafter referred to as CMR Convention) published under No. 11/1975 Coll. as amended.

2) GTCoT are an inseparable part of the contract freight of items and freight contract (hereinafter the contract on the freight of items and freight contract shall be referred to as „freight contract“) and are binding in regulating relations established between consigner and freight carrier during goods transport.

Article II
Basic terms:

1) The names and definitions of basic and derived terms used in the road transport and carriage are explained according to the following Slovak technical standards:

STN 01 8500 Basic nomenclature in transport
STN 01 8521 Nomenclature of road transport and carriage
STN 77 0000 Nomenclature of packaging
STN 26 0002 Handling of materials
STN 26 9004 Handling units

The basic terms stated in the CMR Convention are used for international freight.

For the purpose of establishment of a contractual relationship through a freight contract and GTCoT , the consigner is understood as a legal entity mentioned in the freight contract header, i.e. MO Slovakia s.r.o.,  Račianska 77, 831 02 Bratislava, Company ID No.: 35 852 933.

For the purpose of establishment of a contractual relationship through a freight contract,  the carrier is understood as a legal entity or natural person – entrepreneur performing transportation of goods for the consigner under the freight contract with these GTCoT being its part.

Within the contractual relationship based on the freight contract, the carrier shall guarantee to the consigner that it has all authorizations, permits, licenses, etc. Necessary for performing domestic or international carriage of goods by road  and the carriage shall be provided for only by persons competent for this activity.

The freight contract is concluded when: 
freight carrier, without reservations, confirm the draft freight contract and sends it by fax to the consigner on the day of the delivery of the draft freight contract at latest.

In case of confirmation of the draft freight contract in a form of an email, the freight carrier states in the confirmation this text: „ I hereby confirm the receipt and agree with the wording of the freight contract No. ...“. Such confirmation is sent by the freight carrier to the email address of the consigner on the day of the delivery of the draft freight contract at latest.

- the freight carrier does not confirm the draft freight contract in writing, but over the phone, or in a form of an SMS he confirms the freight realization and prepares the vehicle on the place of loading pursuant to the draft freight contract. The freight carrier informs the consigner thereof by making a phone call to the number stated in the draft freight contract.

2In case the freight carrier confirms the draft freight contract, along with the written reservations, amendments, restrictions or other changes, this draft is considered to be a rejection of the original draft and taken as a new draft freight contract from freight carrier to the consigner. Only unreserved confirmation of the new draft to the consigner can result in the freight contract conclusion.

3The provisions of the Commercial Code shall apply to creation, change, deletion, validity, unless the freight contract is concerned, following the provisions of CMR Convention.

4) The conditions not settled by the CMR Convention shall be settled by the relevant provisions of the Slovak law.

Article III
Duties of the freight carrier during the transportation process:

1) The freight carrier is obliged to include in the freight contract the name of the driver, telephone number of the driver and the registration number of the vehicle, or to provide this information in writing to the consigner before the loading.

2) The freight carrier is obliged, without delay, after the vehicle is prepared at the place of loading, to inform the consigner / in a form an SMS message or by the phone/ on commencement of loading and of all deviations as to the conditions stated in the freight contract.

3) The freight carrier is obliged, during the transportation, to inform the consigner of the real course of the transport and possible deviations from the conditions agreed in the freight contract, at least after the loading/unloading and once during the transportation process, in a way pursuant to clause 2, Article III.

4) The freight carrier is obliged to inform the consigner of the course of the transport anytime, if the consigner requires so.

5) The freight carrier is obliged to equip the means of transport with monitoring device or other communication device, or other communication devices active also abroad.

6) The consigner is entitled to provide a more detailed instructions to the freight carrier within the freight contract concerning the way, type and route of the transport and designation of the goods recipient.

7) During the international goods transport, the freight carrier is bound to note down the data on the place of dispatch (loadings) into all copies of CMR consignment the data pursuant to Article 6 and 26 of the CMR Convention stated in the freight contract.

Article IV
Technical conditions:

1) The freight carrier is obliged to provide a suitable means of transport to the loading place with a clean loading space with equipment suitable for the agreed type of transported goods / e.g. means for goods fastening, etc /, pursuant to specification stated in the freight contract

2) If the subject of the transport shall be hazardous material, the vehicle has to be equipped as stated in the European Agreement concerning the International Carriage of Dangerous Goods by Road /ADR/ as amended. When transporting perishable goods, the vehicle has to comply with conditions stated in the Agreement on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage / ATP / as amended.

3) The vehicle must be technically roadworthy for the land transport by course of the Act on the driving on the roads as amended and equipped by course of the Regulation on conditions of vehicle driving on the roads as amended and be capable of driving on roads and equipped with devices pursuant to valid legal standards regulating the movement of vehicles on roads in particular state, in the territory of which the transportation is performed.

4) If the freight carrier, due to various reasons, fails to provide the agreed vehicle to the place of loading in the agreed time, he is obliged to inform the consigner of this fact without delay.

5) Shall such situation occur during the vehicle movement to the agreed place of loading that would cause failure in keeping the agreed term of loading, the freight carrier is obliged to inform the consigner of the fact and of the reasons of failure to keeping the term without delay, due to which the vehicle failed to be provided on the place of loading in time.

6) The freight carrier and the possible third persons present or participating in the transportation for the consigner are forbidden any manipulation with the consignments during the transport performance /i.e. from the completion of loading the vehicle to the commencement of unloading at the recipient/ without a previous approval of the consigner.

The above-mentioned does not apply in cases when the consignment is in such a condition to endanger public health, life, property of the participants of road transport or imminent danger of damage to the consignment. The obligation of the freight carrier to inform the consigner in not affected therewith.

The above-mentioned further does not apply in cases when the vehicle is loaded on more places of loading without the consignment being delivered to the recipient. In such case, the freight carrier is allowed to manipulate the consignment exclusively, dealing with rationalization of the consignment placing on the vehicle where it was originally placed, whereas the freight carrier shall act and care so that by the consignment handling it shall not be damaged or destroyed.

7) During performance of services under freight contract the freight carrier shall ensure that its employees, agents and subcontractors adhere to the safety rules specified by client. Should such safety rules be violated by any of such a person, freight carrier will be fully responsible for any damage on property, health or death arisen to consigner, forwarder or third parties.

8) Consigner is entitled to set off the amounts of such damage suffered by consigner against payment due to forwarder. The set off is possible to the extent of sum of damage announced to forwarder by damage protocol or a separate invoice from consigner, delivered to forwarder. Freight carrier hereby expressly agrees with such a set off claims.

Each truck driver engaged by freight carrier shall sign the declaration in accordance with consigner needs, when entering consigner premises. By signing of such declaration, truck driver has confirmed that he was informed of the applicable safety rules and that such rules are comprehensive to him and shall observed by him.

Article V
Economic conditions:

1) The price for the transport in each individual transport is determined by an agreement according to the Act on roads as amended, and it is stated in the freight contract; if the price was not agreed, then the price is the typical price for the time of concluding of the freight contract. The VAT in the statutory amount shall be added to the price.

2) The freight carrier shall invoice the consigner on the transportation fee and possibly other costs to the address stated in the freight contract not later than 10 days from the time of the transportation process completion. The tax document shall contain the data in accordance with Act on value added tax and the Commercial Code as amended, and the transport evidence number shall be stated in it.

3) The payment for completed transport is done by the consigner on the basis of the tax document, the following documents being an inseparable part of it:

- certified original document on the acceptance of the consignment by the recipient (delivery note, CMR, record on the vehicle operation)

- in case of goods transportation under the customs supervision, the confirmation on delivery / TC 11 / and transit customs declarations, if issued by the consigner

- further required documents mentioned in the freight contract

4) The tax document is payable within the limit stated in the freight contract. The limit starts to apply from the day of the registration of the tax document in the consigner's accounting.

Article VI
Conditions on the customs procedure:

1) The freight carrier is responsible to the sender for damage incurred in case of the goods getting away from the customs supervision, and from the mentioned reason the consigner will be bound by the decision of the customs offices to pay a penalty or the customs debt.

2) The freight carrier is obliged to provide the customs office with the destination of the transported goods under the customs supervision, stated in the customs documents and request a confirmation of its submission according to the consigner's instructions.

3) The freight carrier is obliged to adopt such measures so that the customs barriers are not violated or withdrawal of the goods under the customs supervision during the transportation, which would result in penalty liability of the consigner, or liability to pay the custom's debt.

Article VII
Other conditions

1) The freight carrier shall fulfil conditions of specialized skills and financial reliability, and shall have a valid certificate to operate a business in the carriage by road on the basis of permission from the administrative agency.

2) The freight carrier is obliged to have insurance for the freight carrier's liability in the road freight transportation, in compliance with the Act on road transport as amended, in the following minimum amount:

- for international transportation pursuant to Article 23 of the CMR Convention

- for domestic transportation:

-EUR 16,600 (vehicles up to the capacity weight of 3.5t)

- EUR 99,600 (vehicles with the capacity weight of over 3.5t)

3) The freight carrier has to, in case of carriage of dangerous goods, be qualified to perform them, has to possess a valid certificate on completed training on carriage of ADR substances and thereto shall have a relevant equipment in the vehicle.

4) The freight carrier is obliged to follow the corresponding provisions of the Act on the protection of the personal data as amended, and to take measures imposed by this Act.

5) The consigner is entitled to require the documents mentioned in Article VII clauses 1, 2, 3 and 4 from the freight carrier, and the freight carrier is obliged to provide them.

Article VIII

Liability, damage, claims

1) The freight carrier is liable for the total or partial loss of the consignment, or its damage starting from the moment of its acceptance for the purpose of transport to the time of its delivery, as well as failure to keep the term of delivery. The freight carrier shall be obliged to compensate for the damage, for full or partial loss of consignment, damage or other devaluation of the consignment. If the authorize person / forwarding agent, consigner, recipient / files a claim for such damage with the freight carrier, the freight carrier shall agree with transferring such a claim on to a third person / i.e. insurance institute). The freight carrier may not appeal in the attempt to waive their liability or faults of the vehicle used for transportation, or culpability or oversight of a person from whom the vehicle was rented, or their representatives or employees.

2) Under the circumstances excluding the liability of both the freight carrier and the consigner, the impediments having the signs stated in the respective provisions of the Commercial Code as amended, or in the respective provisions of the CMR Convention as amended, shall be considered as breach of the contractual duties. The existence of such an impediment, excluding the liability, shall be proved by the side claiming the impediment.

3) If the freight carrier accepts destroyed, incomplete or damaged goods for transportation, the "Report on damage" shall be attached to the documents accompanying the goods, or the transportation documents have to mention the freight carrier's objection to the state of goods during the loading. Failing to do so, the damage or loss of goods is considered to be caused during the transport.

The freight carrier is obliged to submit the consigner the report on damage endangering the goods or having occurred to the goods, immediately after acquiring such information without delay.

The freight carrier shall note down the objection:

- in the domestic transportation, into all copies of the transportation note / Report of the transportation)

- in the international transportation, into the consignment note, CMR column No. 18 / in the English version column No.14/; the text or numbered objection pursuant to IRU instructions published in Check-list CMR/TIR is noted into this column.

4) Shall the freight carrier fail to fulfil his duties stated in the freight contract or in the GTCoT (excluding Article III clause 9, Article V clauses 4 and 5, and Article VI clause 1 of these GTCoT), he is obliged to pay the consigner the contractual penalty in the amount of the transportation price, if the consigner lodges a claim. The consigner's entitlement for the settlement of incurred costs and damages due to the breach of freight carrier's duties shall not be affected. The freight carrier shall agree with transferring such claims or their parts on to a third person (i.e. insurance institute).

5) If the freight carrier fails to fulfil his duty stated in Article IV in clauses 4 and 5 and in Article VI in clause 1 of these GTCoT, he is obliged to pay the consigner contractual penalty in the amount of EUR 1,500 shall the consigner lodge a claim. The consigner's entitlement for the settlement of incurred costs and damages due to the breach of freight carrier's duties shall not be affected. The freight carrier shall agree with transferring such claims or their parts on to a third person /i.e. insurance institute).

6) If the freight carrier fails to fulfil his duty stated in Article III clause 9 of these GTCoT, he is obliged to pay the consigner contractual penalty in the amount of specific interest on the delivery stated in the freight contract, shall the consigner lodge a claim on this breach. The consigner's entitlement for the settlement of incurred costs and damages due to the breach of freight carrier's duties shall not be affected. The freight carrier shall agree with transferring such claims or their parts on to a third person (i.e. insurance institute).

Article IX

Disputes solutions:

Any disputes of the freight contract which fail to be solved by out-of-court settlement between the Parties shall be submitted for resolution by the entitled party:
- for international transportation to the relevant court under Article 31 of the CMR Convention

- for domestic transportation to the court of jurisdiction pursuant to the Code of Civil Procedure and other valid regulations regulating the application of a claim at the court.  

GTCoT shall enter into force and validity on December 1, 2005

Updated on May 27, 2011