Transport conditions

Dear Client,

if you commission our company to provide transport services, please familiarize yourself with the following conditions for the execution of the order by us. In our company, we believe that clear rules make friends, so if you do not agree to the following conditions, please let us know before we accept your order. By submitting an order to us, you will be deemed to have agreed to the following terms.

1. These general transport conditions("GTC")apply when the customer orders us: (TMD Arkadiusz Dąbrowski NIP: PL8221925663, TMD Dąbrowski Pharma Transport SKA NIP: PL 5322099018, TMD Logistics Sp. Z oo NIP: PL5110289702)performance of transport services and other activities related to transport, storage, reloading, organization of customs service.

2. The offer we submit covers only the activities listed therein and is valid for the period specified therein. We are not responsible for activities that have not been commissioned to us.

3. In the absence of a specified period of validity of the offer, its validity is valid only for the time needed to confirm it immediately, while the service will be provided on the agreed date.

4. The offer and the rates for specific services refer only to: goods included in the order, destinations indicated in the order and have been developed with the assumption of uninterrupted order execution.

5. In the event that the Customer changes the place of loading, unloading, reloading or other terms of the order indicated in the order, which results in the extension of the route or the need to travel through an area with limited or regulated traffic, we will be entitled to charge the Customer with additional costs that we will incur (for extra kilometers or extra driver hours).

6. We will make every effort to ensure that the offer sent by us remains unchanged, however, in the event of sudden external reasons, we reserve the right to change the terms of the offer.

7. Our price offer includes all costs, except for demurrage, which the customer undertakes to cover separately. We assume a net amount of EUR 300 for each commenced day as a fixed parking cost. We charge the parking fee starting from the 5th hour of parking (calculated from the time of loading/unloading/reloading specified in the order).

8. Cancellation of the order submitted to us after 24 hours from its acceptance by us entitles us to charge the Customer a contractual penalty in the amount of 100% of the freight rate. We can also apply the indicated contractual penalty if the Customer provides us with the parameters of the vehicle, the use of which turns out to be impossible due to the properties of the load (please, when submitting orders, take into account the structural elements of the vehicle's loading part, including the cooling unit). Dear Customer, please understand this condition in particular, because if you cancel the order, we incur a loss on this account - our driver is often on his way or arrived at the place, and moreover, by accepting your order, we "block" the possibility of carrying out other orders using a given vehicle, therefore, we not only bear the real costs of canceling the order, but also lose the benefits that we would have obtained by executing another order at that time.

9. The contract between us and the customer will be considered concluded   when all relevant conditions are agreed between the parties, i.e. type of vehicle, type and parameters of cargo, time and place of loading and unloading and the amount of remuneration. If the Customer sends a later written confirmation of the conclusion of the contract containing provisions deviating from the above-mentioned arrangements or containing other arrangements than those covered by the negotiations, such provisions will not be binding on us.

10. We are not responsible for any additional instructions given to the persons executing the order during the route or at the place of loading or unloading.

11. The order must contain all the necessary information about the shipment and its properties, the number and weight of each package, their dimensions, volume and type, and all other information necessary for the proper execution of the order. In addition, it is necessary to provide information whether the consignment is a dangerous goods requiring ADR transport standards and controlled temperature and to what extent. We are not responsible in the event of failure to report information about the transported dangerous or high-value goods.

12. The customer is obliged to provide complete and accurate information about the shipment, packaging and documents accompanying the shipment. Failure by the Customer to comply with the above will result in the need to repair the damage we incur in connection with this.

13. In a situation where the transport order concerns dangerous goods, the Customer is obliged to specify exactly what is the subject of the transport and what dangers of the transported goods relate to, what precautions should be taken, and all information needed to carry out the order correctly and in accordance with the standards, safety rules in force on within the European Union.

14. When it is necessary to make decisions and actions in connection with the execution of the order, we first consider the safety of the driver and other people, and then the safety of the shipment and the vehicle. All actions are taken on behalf of the Client.

15. Lack of information regarding the execution of the order (including the inability to contact the customer) such as the type of goods, dates, specification entitles us to make an independent decision regarding the implementation of the transport, maintaining the principle of caring for the safety of goods, personnel and means of transport. The costs incurred in connection with the need to take such actions are covered by the Customer.

16. When collecting the shipment, if possible, we check its condition in terms of quantity (number of packages, pallets, boxes, containers, not units of goods), compliance with accompanying documents and in terms of external visible damage. We will immediately report any damage, lack or any other non-compliance of the goods to the Customer.

17. We do not check the quality and condition of the goods, therefore we do not accept responsibility for the actual content of the packaging and the actual weight of the goods.

18. The collection and delivery deadlines contained in the order may not be met in the event of reasons beyond our control that prevent the fulfillment of the deadlines contained in the order.

19. Shipment insurance is used only at the express written request of the Customer. Providing the value of the goods or a special interest in delivery in the order is not considered as a declaration of willingness to insure, nor does it have any effect under Art. 24 and 27 of the CMR Convention without our express consent, referred to in point 20.

20. Placing the value of the goods on the bill of lading (Article 24 of the CMR Convention) or in the order, as well as the declaration of the amount of special interest in delivery (Article 27 of the CMR Convention) absolutely requires our express consent (confirmation in writing or by e-mail), determination of additional remuneration for us as the carrier and to conclude an additional road carrier's liability insurance contract to secure the transport. Entering the value of the goods on the bill of lading or order, as well as the declaration of the amount of special interest in delivery without our consent, had no legal consequences for us.  

21. We are not responsible for the documents accompanying the shipment with the exception of the CMR transport document.

22. We will make every effort to provide transport documents (CMR) and other documents provided to us with the shipment within the time expected by the customer. In the event of a delay in the delivery of documents, we will accept liability in this respect only if the Customer proves the actual damage and its amount.

23. We will make every effort to follow the Customer's instructions regarding confirmation of loading, unloading, etc. in a dedicated IT system, however, we are not the administrator or regular user of the Customer's system, we have no influence on its correct operation, as well as due to the multitude of IT solutions available on the market we do not train our staff to use third-party systems. Therefore, we do not agree to charging us with contractual penalties in connection with instructing us to make confirmations in external systems.

24. The customer may not require us to include information inconsistent with the facts on the transport documents, as this exposes us to negative legal consequences. Any contractual penalties reserved by the Client for our actions complying with the law are null and void.

25. If these GTC differ from the terms of the order provided to us in the Customer's form, in the event of discrepancies, the GTC shall prevail. Dear Customer, if you do not agree to this provision, do not order transport from us or agree with us in advance on the conditions that are clearly interesting for you. Sending us your own terms of engagement does not mean that we have tacitly accepted them.

26. If the Client stipulates contractual penalties in his terms of the order, they will be binding on us only if they comply with the provisions of national law and the CMR Convention.

27. Due to the fact that we have been operating on the transport services market for years, any reservations regarding contractual penalties for non-competition will not be binding on us if we have already cooperated with the client's contractor before accepting the client's order for execution, when we have the contractor's data from sources other than from the Customer and in the absence of equivalence of benefits. Dear Customer, if you care about non-competition provisions, agree with us in advance the conditions that interest you, because we will not be bound by conditions with too general subject, subject, long-term, non-equivalent, inconsistent with the principles of social coexistence, preventing us from running a business or reserving excessive contractual penalties.

28. Obligations regarding the exchange of pallets are carried out only after prior arrangement of their detailed rules. We do not agree to the provisions of the terms of the order charging us with contractual penalties in connection with the exchange of pallets.

29. In the event of a dispute related to the execution of the order, Polish law will be applicable.