Term of payment: after receiving a correctly issued invoice, within 60 days from receiving a signed order with an original invoice and a full set of original signed and stamped documents. Freight paid BRUTTO in currency EURO or PLN (the choice is up to Mark Spedition sp. z o.o.), VAT with exchange rate from one day before unloading. Delayed delivery up to 21 days from the date of unloading will result in postponement of contractual penalty of 100 euro of freight agreed in the order. We authorize you to issue VAT INVOICES without our signature. If the order is cancelled by the Contractor, the Contracting Entity will impose a contractual penalty on the Contractor in the amount of 200 EUR and additionally a penalty in the amount of the difference between the freight agreed with the Contractor and paid to a substitute carrier.
Following unloading of the goods, the Contractor has an absolute obligation to confirm the date of the unloading to the Contracting Entity, Mark Spedition sp. z o.o., for the purpose of correctly issuing a VAT invoice.
If the date of the unloading of the goods is not confirmed, the Contractor shall pay a contractual penalty of 50 EUR to the Contracting Entity.
1. The full set of documents is understood as original signed and stamped documents, in particular: a transport order, CMR consignment note, delivery document (delivery note / Lieferschein) and all other documents received by the Contractor in the place of loading or unloading and which are necessary for correct settlement of performance of the order by the Contracting Entity.
2. In the event the full set of documents is not delivered or a photocopy or a part of the documents is delivered, Contracting Entity shall have the right to withhold payment of the freight until the full set of documents is delivered or Mark Spedition sp. z o.o. receives the agreed freight from its contractor without reservations.
3. Both parties shall adhere to the CMR Convention.
4. Any amendments to the CMR should be made in a way enabling reading the previous content and introduced adjustments, under pain of withholding payment of the freight, subject to retaining the right to the discount.
5. For 5 years from the moment of acceptance of this order the Contractor is obliged to keep forwarding secrecy, i.e. it shall not directly or indirectly contact our customer and entities related with performance of the ordered transport (consigners, consignees, other contracting entities, forwarders, agents, etc.), with the exception of actions necessary for performance of this order, in particular it shall not directly or indirectly (e.g. through affiliates, as part of a company or partnership, as a subcontractor, etc.) offer or provide transport or forwarding services to entities related with carrying out the transport ordered with this order (consigners, consignees, other contracting entities, forwarders, agents etc.).
6. The freight set forth herein includes consideration for preserving the forwarding secrecy. In case of violation of the forwarding secrecy, the Contracting Entity Mark Spedition Sp. z o.o. shall have the right to claim a contractual penalty in the amount of the equivalent of 50,000 EUR. The Contracting Entity Mark Spedition Sp. z o.o. shall have the right to claim damages exceeding the value of the contractual penalty.
7. The carrier has an absolute obligation of checking the actual state of cargo against the content of the CMR and specification. In case of any discrepancies, they must be recorded in the CMR and the Contracting Entity Mark Spedition Sp. z o.o. shall be notified about them in writing.
8. In case of any dispute over amounts due, the Contractor may not contact the consigner or the consignee for the purpose of advising of the lack of payment or pursuing a claim directly from them. In case the obligation set out in the previous sentence is not complied with, the Contracting Entity shall have the right to claim a contractual penalty in the amount of three times the sum of the freight. The Contracting Entity shall have the right to claim damages exceeding the value of the contractual penalty.
9. Third party liability insurance is at the carrier?s discretion.
10. In the event any difficulties are encountered at loading/unloading, it is mandatorily required to contact the Contracting Entity Mark Spedition Sp. z o.o., in particular in case of finding discrepancies in weight or quantity of the goods.
11. The Contractor shall bear any costs arising out of taking by the Contractor any equipment for securing the cargo from the place of loading without consent of the Contracting Entity Mark Spedition sp. z o.o.
12. Only NEW pallets may be exchanged!!! The Contractor shall deliver to the Contracting Entity original pallet receipts. The Contracting Entity reserves the right to withhold payment of the freight or deduct the value of not returned pallets from the payment in the event of failure to deliver original pallet receipts or if the Contractor signs a pallet receipt, when the order did not provide for pallet exchange.
13. In case the goods are carried with a refrigerated truck, the Contractor shall deliver to the Contracting Entity an original printout from a temperature recorder under pain of withholding payment by the Contracting Entity until the original printout from a temperature recorder is received.
14. Every amendment to the content of the order, in particular dates and time of loading/unloading, quantity or weight of the goods, must be confirmed by both parties by fax or email under pain of nullity.
15. The Contractor undertakes to carry out transport of the goods on its own. The Contractor may not subcontract carrying out the transport to third parties. In case the transport is subcontracted, the Contractor shall pay to the Contracting Entity a contractual penalty in the amount ??EURO. The Contractor may subcontract carrying out the transport to third parties only after our confirmation.
16. The Contracting Entity Mark Spedition Sp. z o.o. shall have the right to claim from the Contractor (your company) a contractual penalty in the amount of five times the sum of the freight for failure to provide the service or provision of the service in breach of the terms and conditions set out in the order.
a) Provision of the service in breach of the terms and conditions laid down in the order is understood in particular as: a delay in providing a vehicle for loading or unloading (where a delay is understood as providing a vehicle after time provided for in the order), occurrence of the situation in which in the period between acceptance of the goods for transport and releasing them all or some goods were lost or damaged or packaging of the goods was damaged, occurrence of discrepancies in the actual weight or quantity of the goods compared to the order or the content of the CMR consignment note, a loss or improper use of documents, failure to fulfil or failure to duly fulfil an instruction concerning disposal of the goods, a delay in delivery of the full set of documents, non-observance of the obligation to notify. The Contracting Entity Mark Spedition Sp. z o.o. shall have the right to claim damages exceeding the contractual penalty.
b) In the event of unjustified suspension of performance of the order or concealment of the goods or any other actions threatening the correct performance of the contract at the Contractor?s fault, the Contracting Entity is entitled to impose on the Contractor a contractual penalty in the amount of ten times the sum of the freight, and to notify state authorities, transport exchanges, relevant carrier associations, and potential aggrieved parties about the defaults. The Contracting Entity Mark Spedition Sp. z o.o. shall have the right to claim damages exceeding the contractual penalty.
17. The amount of contractual penalties set forth in this order was calculated in consideration of the damage which could arise out of non-performance or incorrect performance of the order by the Contractor, in particular: contractual penalties imposed by a contractor of Mark Spedition Sp. z o.o., claims for damages lodged by contractors against Mark Spedition, damage to the reputation of Mark Spedition in the transport market and, in the consequence, a loss of the current customers of Mark Spedition Sp. z o.o. as well as the loss of prospective contractors of Mark Spedition Sp. z o.o. (i.e. failure to obtain new orders by Mark Spedition Sp. z o.o. due to the damage to the reputation of Mark Spedition Sp. z o.o. caused by a delay in carrying out the transport).
18. Mark Spedition sp. z o.o. reserves the right to cancel the order for reasons beyond the company?s control.
19. A contractual penalty may be set off against due consideration, in particular on the basis of a debit note.
20. If the Contractor lodges a claim for payment that does not exist, does not exist in the claimed amount or in the moment of lodging the claim it is not due yet, the Contracting Entity Mark Spedition has the right to assert claiming damages or reimbursement of court fees under the rules set out in the provisions of the applicable laws.
21. ?Lodging a claim for payment? is understood in particular as sending a call for payment by the Contractor, bringing a legal action for payment in the common court or the arbitration court, commissioning debt collection entities with debt collection, commissioning financial risk management companies (in particular in case of LoginTrans exchange) or a risk collection agency (in particular in case of TimoCom exchange) with debt recovery or notifying them about a claim.
22. In the absence of opposite provisions of a transport order, the contractor (your company) must carry out transport in accordance with the provision of a particular safety of transported goods, including the duty of the carrier is to perform the parking / stopping (and goods) only on guarded parking lots.
23. Any amounts due to the Contracting Entity Mark Spedition sp. z o.o. on account of this order may be set off against amounts due to the Contractor.
24. The parties agree that any disputes shall be settled by (contractual jurisdiction): the Court of the subject-matter jurisdiction in Szczecin.
25. In the event of a delay in payment that does not exceed one month, the parties shall refer disputes arising out of this contract for consideration of the arbitration court in Szczecin.
26. This offer may be accepted only without any reservations!!! In case of no written refusal to accept the order within 30 min from receiving it, the order is deemed fully accepted and approved.
27. The Principal as the data administrator, informs that the personal data provided by the Contractor, in connection with the conclusion of this contract, will be processed by the Principal in order to:
a) carrying out activities related to the conclusion and execution of this contract,
b) fulfill the Principal's justified needs and fulfill the rights and obligations of the Principal specified by law.
28. Providing data by the Contractor is voluntary, but necessary for the implementation of this contract. The data may be made available to entities authorized under the law, for the implementation of legally justified activities related to the execution of contracts and risk management and for reporting, accounting and for marketing purposes.
29. The contractor confirms that he has been informed about the right to:
a) access to his data and their correction,
b) submitting a written motivated request to cease the processing of personal data,
c) submit a written objection to the processing of personal data for marketing purposes or to transfer it to another administrator.
30. The person signing this contract on behalf of the Contractor undertakes to provide the information referred to in this contract to all persons associated with the Contractor, not signing this statement, and whose personal data may be processed in connection with the implementation of this contract.
Please issue and send an invoice with documents to: MARK SPEDITION Sp. z o.o., SŁONECZNY SAD 4A, 72-002 DOŁUJE
Special provisions concerning carrying out the transport in the area of Germany:
1. If the Contractor performs any part of the order in the area of Germany (transit through Germany, loading or unloading in Germany), the Contractor shall comply with the provisions of the German Act on the Minimum Wage of 11 August 2014 (Gesetz zur Regelung eines allgemeinen Mindestlohns ? hereinafter referred to as the Mindestlohngesetz Act). The Contractor declares that it is aware of the provisions of the Mindestlohngesetz Act and, in line with the provisions of this Act, it has properly notified the German customs office about the intention to work in Germany. The Contractor undertakes in particular to pay wage to its employees in the minimum amount of gross 8.50 EUR per hour worked in the area of Germany in relation with performance of this order. The Contractor shall keep employee records, including recording working time of employees working in the area of Germany, as stipulated by the provisions of the Mindestlohngesetz Act. Furthermore, the Contractor shall keep for at least two years the records allowing to verify compliance with the provisions of the Mindestlohngesetz Act (among others contract of employment, records of working time, settlement of wage with proofs of payments of wage) and the Contractor undertakes to make the records available for inspection to the Contracting Entity upon its every request. In case the Contractor fails to pay or fails to pay on time the wage under the Mindestlohngesetz Act, the Contracting Entity Mark Spedition Sp. z o.o. shall have the right to claim from the Contractor a contractual penalty in the amount of the equivalent of 500,000 EUR.
2. If the Contractor fails to notify the German customs office about the intention to work in Germany or fails to keep employee records pursuant to the Mindestlohngesetz Act or fails to keep these records for the period provided for in the Act, the Contracting Entity Mark Spedition Sp. z o.o. shall have the right to claim from the Contractor a contractual penalty in the amount of the equivalent of 30,000 EUR. The Contracting Entity Mark Spedition Sp. z o.o. shall have the right to claim damages exceeding the sum of the contractual penalty.
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