General Transport Conditions
GENERAL TRANSPORT CONDITIONS
applicable at Alupol Packaging S.A with its registered office in Tychy, Alupol Packaging Kęty Sp. z o.o. with its registered office in Kęty, and Alupol Films Sp. z o.o. with its registered office in Oświęcim.
VERSION NO. 02/2018
§ 1
GENERAL PROVISIONS
1. These General Conditions of Transport (hereinafter referred to as the General Conditions) shall apply to agreements for transport of goods concluded between Alupol Packaging S.A with its registered office in Tychy, Alupol Packaging Kęty Sp. z o.o. with its registered office in Kęty, and Alupol Films Sp. z o.o. with its registered office in Oświęcim, hereinafter referred to as the Ordering Party and the Carrier who performs paid road transport, hereinafter referred to as the Contractor, under transport orders submitted to the Contractor by the Ordering Party.
2. General Conditions shall provide for detailed rights and obligations of the Ordering Party and the Contractor in order to implement the order for transport of goods and they shall constitute an integral part of every transport order issued by the Ordering Party. Deviation from application of these General Conditions shall be in writing, otherwise being declared null and void.
3. Any general transport conditions of the Contractor shall not apply to implementation of the transport order.
§ 2
TRANSPORT ORDER AND ITS ACCEPTANCE
1. The transport order can be submitted by the Ordering Party in writing, via electronic mail, or by fax. The transport order shall be considered as accepted when within 30 minutes from the order sent by the Ordering Party, the Contractor confirms acceptance of the order through electronic mail or by fax. After ineffective expiry of the period mentioned in the previous sentence, the transport order shall be considered as unaccepted by the Contractor.
2. Acceptance of the transport order for implementation by the Contractor shall be understood as conclusion of a transport agreement under conditions specified in the order and in these General Conditions that shall be final and must be accepted without reservations. Confirmation of acceptance of a transport order or these General Conditions under reservations shall be ineffective and shall make the order considered as invalid.
3. The Ordering Party shall have the right to cancel the transport order (right to withdraw) within 4 hours, if it appears that the transport service cannot be implemented due to reasons beyond control of the Ordering Party. In such cases, the Contractor shall not be entitled to any compensation.
4. Acceptance of a transport order by the Contractor shall be understood as the Contractor's declaration that upon acceptance of the transport order for implementation and throughout the whole period of its implementation, the Contractor holds licenses, concessions, and/or permits required by law and own, valid, and current carrier's liability insurance with the full scope of insurance, which shall be understood, i.a. as: exclusion of liability of the insurer for damage connected with loss, defect, or damage to the shipment, theft, disappearance, or robbery of the cargo and lack of exclusions concerning protection for the type of goods accepted for carriage specified in the order and a guarantee amount corresponding to at least a value of PLN 1,000,000.00. The Contractor shall be obligated to present a valid and original policy upon every request of the Ordering Party. The Ordering Party shall have the right to make a Xerox copy of the presented documents. Refusal to present the policy by the Contractor shall result in the right of the Ordering Party to withdraw from the transport agreement within 2 hours from such refusal.
§ 3
IMPLEMENTATION OF THE TRANSPORT ORDER
1. When accepting a transport order for implementation, the Contractor declares and ensures that:
a) they guarantee performance of the transport order with due diligence, in accordance with the accepted transport order, General Conditions, as well as in accordance with the applicable provisions of law,
b) they comply with all the conditions and formal requirements regarding provision of transport services in domestic and/or international transport,
c) means of transport provided for the loading comply with all technical conditions in accordance with applicable provisions of law and are equipped with elements to attach the cargo (belts) in a quantity that is sufficient for proper and secure loading. The results of lack or shortage of securing elements shall be attributable to the Contractor
d) the vehicle intended for the loading at the Ordering Party is facilitated with a tarpaulin that completely secures the cargo against weather conditions, i.e.: rain, snow, etc., unless the transport order states otherwise
e) the vehicle intended for the loading is able to properly secure and protect the vehicle with cargo against break-in and theft
f) the Contractor guarantees constant communication with the driver who performs the transport and allows control of the current position of the vehicle upon a request of the Ordering Party
g) the cargo compartment of the means of transport intended for transport of foodstuff packaging should comply with the following requirements:
- the floor must be even, smooth and provide stable arrangement and securing of the goods against damage,
- all walls, the roof and the floor should be tight, without leaks, and should secure the transported goods against getting wet,
- all walls, the roof and the floor must be dry and clean, without holes, gaps, and protruding nails, and should secure the transported goods against dirt,
- the compartment must not contain any foreign odors that could affect the transported goods,
- packaging must not be transported together with materials generating an intensive odor,
- packaging must not be transported together with hazardous materials,
2. The Contractor or their representative (the driver) shall be obligated to supervise a proper loading and arrangement of the goods in the trailer, including a correct pressure on the axes of the vehicle.
3. The Contractor or their representative (the driver) shall be obligated to control the number and the quality of packaging of the loaded goods and to suspend the loading and contact the Ordering Party in the case of identified non-compliance.
4. During loading at ALUPOL PACKAGING S.A., Alupol Packaging Kęty Sp. z o.o., Alupol Films Sp. z o.o. the driver must be equipped with: a high-visibility vest, protective footwear with toe caps.
5. The Contractor shall be obligated to receive from the recipient of goods the acknowledgment of receipt of goods confirmed with a legible signature of an authorized person, date, company and personal stamps.
6. The Contractor shall be liable to the Ordering Party and their customers for any damage caused due to implementation of the transport order, particularly for damage to the goods caused caused within the period from acceptance for transport to handing over.
§ 4
CONTRACTOR'S RESPONSIBILITY
1. Upon receipt of goods from the sender, the Contractor assumes full responsibility for performance of the transport in terms of technical matters and organization.
2. The Contractor shall be liable for loss, defect, or damage to the goods caused within the period from acceptance for transport to handing over.
3. The Contractor shall be liable for the damage resulting from loss, not using, or improper use of transport documents and the documents submitted to the Contractor.
4. The Contractor shall be fully liable for the actions of their employees and other persons contracted for implementation of the order and in the case of using third persons for performance of the order, the Contractor shall be liable for their actions as if for the Contractor's own actions.
§ 5
PAYMENTS
1. When there are no additional written arrangements, the freight specified in the content of the order shall include all the costs related to complete performance of the ordered transport.
2. The invoice shall be issued to the address of the Ordering Party and delivered in accordance with the arrangements, along with a set of original documents that confirm performance of the service, i.e.:
a) delivery note or the final section of CMR (approved by the recipient of the goods: date, stamp, signature)
b) other documents specified in the order
3. Freight payment for the performed service shall be made to the bank account of the Contractor, within a deadline that depends on the date on which the Contractor delivers the invoice with a set of documents.
4. In the case in which the transport order or the agreement do not state otherwise, the payment deadline for invoices shall be 30 days from the date of their delivery to the registered office of the Ordering Party.
5. The Ordering Party shall check the sent documents and send reservations to the Contractor. In the case of lack of documents listed in § 6 section 2, the Ordering Party shall reserve the right to withhold the payment for an invoice for transport service.
6. The date of payment shall be the date on which a request for transfer is submitted by the Ordering Party at the bank.
§ 6
COMPLAINTS
1. The Contractor shall be obligated to immediately notify the Ordering Party directly by telephone and/or in writing on any problems identified by the unloader / recipient that might have influence on complaints regarding the goods.
2. The Contractor shall make the efforts and incur necessary costs in order to immediately submit relevant explanations and proofs in the complaint procedure.
3. During the complaint procedure, the Ordering Party shall reserve the right to withhold all the settlements with regard to the Contractor and to compensate them.
4. Such an arrangement between the Ordering Party and the Contractor shall exclude the possibility of current and later claim for interest by the Contractor from the Ordering Party.
§ 7
CONFIDENTIALITY
1. Any information included in the transport order as well as information acquired by the Contractor during implementation of the transport order shall be confidential and constitute a trade secret of the Ordering Party. Such information must not be used and distributed, without the consent of the Ordering Party, in a way beyond the actions necessary to implement the order. In the case of a breach of a trade secret by the Contractor, the Contractor shall pay the Ordering Party a contractual penalty in the amount of EUR 2,500.00 or its equivalent in PLN according to the average exchange rate of the National Bank of Poland on the date on which the debit note was issued. If the damage exceeds the amount of the reserved contractual penalty, the Ordering Party shall have the right to pursue indemnification under general rules.
§ 8
Entrustment of personal data processing
1. The Ordering Party shall entrust the Contractor with processing of personal data within the scope of customers' personal data, in particular: name of the company, name and surname, address, phone number (hereinafter referred to as Data), solely for the purpose of provision of transport services in favor of the Ordering Party.
The entrustment shall take place under Art. 28 of Regulation (EU) 2016/679 of the European Parliament and the Council dated 27.04.2016 on protection of individuals with regard to processing of personal details and on the free movement of such data and repeal to Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as GDPR.
The Contractor shall obligate to provide the Ordering Party with access to the Data upon every request of the Ordering Party.
2. Data processing shall commence for the duration of this agreement and shall include performance of any operations on such Data, in particular: collection, saving, storage, preparation, changes, distribution, and erasing and shall be performed by the Contractor solely to perform the Agreement.
3. The Contractor declares that they ensure sufficient guarantees of implementation of proper technical and organizational measures in order to make the processing comply with requirements of GDPR and to protect right of persons who are the subjects of the Data.
4. The Ordering Party shall authorize the Contractor to grant authorizations to process the Data, on behalf of the Ordering Party, to the persons employed at the Contractor who will perform the subject of the Agreement. Upon a request of the Ordering Party, the Contractor shall be obligated to provide a list of authorized persons.
5. The Contractor shall ensure protection of entrusted Data in accordance with provisions of GDPR and in order to do that, the Contractor shall, i.a.:
a) not process the Data in any other scope than in order to serve the a/m purpose,
b) apply technical and organizational measures to ensure protection of the processed Data already prior to the processing,
c) admit for processing of the Data only persons who have been authorized by the Contractor,
d) obligate the persons authorized to process the Data to keep the Data confidential both during employment at the Contractor, as well as after such employment,
e) allow performance of inspections regarding processing of personal data that are conducted at the Contractor by a supervisory authority;
f) adopt all the measures required pursuant to Art. 32 of GDPR;
g) support the Ordering Party, through proper technical and organizational measures, fulfil the obligation to reply to requests of persons who are subjects of the data, within the scope of exercise of their rights specified in Chapter III of GDPR;
h) help the Ordering Party comply with obligations specified in Art. 32 – 36 of GDPR;
i) after completion of provision of services connected with the processing, depending on the decision of the Ordering Party, erase or return to the Ordering Party all the personal data or erase all their existing copies;
j) allot the Ordering Party or an auditor authorized by the Ordering Party to conduct audits, including inspections for compliance of personal data processing;
k) k) immediately, but not later than up to 24h after identification of a breach, inform on any breaches of protection of the personal data processed on behalf of the Ordering Party;
l) train their employees and other persons who process personal data of the Ordering Party within the scope of protection of personal data,
m) provide access for the Ordering Party to any information required to prove that the obligations described in points a – l have been fulfilled.
6. If during performance of the Agreement there is a necessity of provision of services by a subcontractor of the Contractor and it involves further entrustment of Data processing to a third person, data processing by the subcontractor shall be possible only after a written consent of the Ordering Party received by the Contractor, provided that the Contractor imposes on the subcontractor the same obligations regarding data protection as in this Agreement, in particular with regard to provision of sufficient guarantee of implementation of proper technical and organizational measures in order to have the processing comply with requirements of GDPR and, moreover, the Ordering Party and the Contractor shall apply the following procedure:
a) Prior to further entrustment, the Contractor shall inform the Ordering Party in writing on the Subcontractor, their identification details, role, and scope of work,
b) The Contractor and the Subcontractor shall conclude an agreement, in writing, under the pain of being declared null and void, that complies with regulations of GDPR and that obligates the Subcontractor to process the entrusted Data only within the scope and for the purpose specified in the agreement, in a lawful way, and that imposes on the Subcontractor the same obligations within the scope of data protection as in this Agreement, including the obligation to ensure sufficient guarantees of implementing proper technical and organizational measures in order to make the processing comply with requirements of GDPR, as well as to obligate the Subcontractor to keep confidentiality.
§ 9
FINAL PROVISIONS
1. For matters not regulated by GC and the agreement, regulations of Polish law shall apply, in particular regulations of the Civil Code and transport act in the case of domestic transports, and regulations of the CMR Convention in the case of international transports.
2. Disputes shall be resolved by Polish common courts of law competent for the registered office of the Ordering Party.
3. These General Conditions shall constitute an integral part of every transport order issued by the Ordering Party.
Version 2, 5 July 2018
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