Terms and Conditions of the Order
1. The payment term shall commence only upon receipt of a correctly issued invoice, within 60 days from the date of receipt of scans of the signed order together with a complete set of scans of signed and stamped documents. FREIGHT payable GROSS in EUR or PLN (choice at the discretion of the Principal), VAT according to the exchange rate of the day preceding unloading or in PLN (choice at the discretion of the Principal). In the event of failure to deliver scans of the complete set of documents, or delivery of only part of them later than 14 days from the unloading date, the Principal reserves the right to charge the Contractor a contractual penalty of EUR 25. We hereby authorize you to issue VAT invoices without our signature. For cancellation of the order by the Contractor, the Principal shall charge the Contractor a contractual penalty of EUR 200 and additionally a penalty equal to the difference between the freight rate agreed with the Contractor and the freight paid to a substitute carrier. The Contractor is absolutely obliged to confirm to the Principal, Mark Spedition sp. z o.o., the unloading date of the goods after unloading, in order to correctly issue the VAT invoice. Failure to confirm the unloading date shall result in a contractual penalty of EUR 50 payable by the Contractor to the Principal.
The invoice with documents should be issued to: MARK SPEDITION Sp. z o.o., SŁONECZNY SAD 4A, 72002 DOŁUJE, POLAND
2. Settlement documents must be issued and sent as PDF scans to the e-mail address: skan@mark.com.pl – the invoice must be a separate file, and transport documents another separate file. Files must be legible and of good quality, otherwise they will be rejected for resubmission. The invoice must include the full forwarding order number and this number must also be placed exclusively in the subject of the e-mail sent to skan@mark.com.pl.
3. A complete set of documents means scans of signed and stamped documents, in particular: the CMR consignment note (legible signature + stamp of the sender and consignee), transport order, delivery note (Lieferschein), and all other documents received by the Contractor at the place of loading or unloading which are necessary for the correct settlement of the order.
4. In the event of failure to deliver scans of the complete set of documents or delivery of only part thereof, the Principal shall have the right to withhold payment of the freight until receipt of scans of the complete set of documents or until Mark Spedition sp. z o.o. receives the agreed freight from its contractor without reservations.
5. The Contractor is obliged to deliver to the Principal, within 14 days from the unloading date, a VAT invoice issued in the month of service performance, including the amount due in the foreign currency agreed for remuneration, bank account number, the Principal’s order number, and the correct payment term. Incorrect specification or absence of any of the above elements shall result in the invoice not being recognized as correct and, consequently, the claim not becoming due.
6. If a customs procedure is applied during transport, the Contractor is obliged to send, together with the invoice, a document confirmed by the competent Customs Office proving its proper completion (e.g. SAD, EX1, T-1). Failure to provide these documents obliges the Contractor to reimburse the Principal for all costs related to charges imposed on the Principal by the customs office, tax office, or other authority.
7. The CMR Convention shall apply to both parties.
8. Any changes to the consignment note must be made in a manner allowing the original content and corrections to be read, under pain of withholding freight payment while maintaining the right to discount.
9. From the moment of acceptance of this order and for a period of 5 years, the Contractor shall be bound by forwarding confidentiality, i.e. a prohibition on direct or indirect contacts with our client and entities related to the execution of the ordered transport (senders, consignees, other principals, forwarders, intermediaries, etc.), except for activities necessary for the execution of this order, in particular a prohibition on offering and providing, directly or indirectly (e.g. through affiliated companies, under partnership agreements, as a subcontractor, etc.), transport and forwarding services to entities related to the execution of the transport ordered under this order.
10. The freight specified in this agreement includes remuneration for maintaining forwarding confidentiality. In the event of breach of forwarding confidentiality, the Principal Mark Spedition Sp. z o.o. shall be entitled to claim a contractual penalty of up to the equivalent of EUR 50,000. The Principal shall also be entitled to claim damages exceeding the contractual penalty.
11. The Contractor’s driver is obliged to participate in loading and unloading and to check whether the goods comply with the order (including quantity) and are undamaged.
In case of discrepancies or damage, the driver must note this in the CMR consignment note, under pain of losing the right to invoke such discrepancies in the future.
The driver is obliged to secure the goods on the trailer so that they are not destroyed, wetted, or damaged during transport.
12. The Contractor is responsible for correct distribution of the goods to avoid axle overloads. From the moment the goods are taken over, the Contractor assumes the risk and costs arising during transport due to improper load distribution and exceeding permissible axle loads.
13. The Contractor is obliged to take photographs of all weight indications and all seals placed on the load and the vehicle. In case of seal replacement, photographs of removed seals before removal and photographs of new seals must be taken.
14. If the Contractor is prevented from participating in loading/unloading or is otherwise unable to check the quantity, condition, or packaging of the goods, the Contractor must inform the Principal before leaving the loading/unloading site, await instructions from the Principal, and note this fact in the transport documents, under pain of losing the right to invoke discrepancies in the future.
15. In the event of a dispute regarding amounts due, the Contractor may not contact the sender or consignee to inform them of non-payment or to pursue claims directly against them. Breach of this prohibition entitles the Principal to claim a contractual penalty equal to three times the freight. The Principal reserves the right to claim damages exceeding the contractual penalty.
16. Civil liability insurance (OC) remains the responsibility of the carrier.
17. In case of any difficulties during loading/unloading, the Contractor must immediately contact the Principal Mark Spedition Sp. z o.o., especially in the event of weight or quantity discrepancies.
18. For failure to position the vehicle for loading on time, the Principal may charge the Contractor a contractual penalty of EUR 200 for each day of delay. If the delay in collecting the load exceeds 12 hours, the Principal may assign the order to another entity and charge the Contractor a contractual penalty equal to the agreed freight rate.
These penalties do not exclude the Principal’s right to pursue claims exceeding their amount.
19. If the Contractor is prevented from participating in loading/unloading or cannot check the goods and packaging, the carrier must inform the Principal before leaving the unloading site, await instructions, and record this fact in the transport documents, under pain of losing the right to invoke discrepancies in the future.
20. The Contractor is obliged to immediately inform the Principal of any discrepancies or disputes arising during loading/unloading between the Contractor and the Consignee, under pain of losing the right to invoke such discrepancies in the future.
21. The Contractor must confirm the fact and type of discrepancies in the CMR consignment note and confirm in the CMR and other transport documents the number of returnable packaging (including pallets) handed over to the consignee. Failure to do so results in loss of the right to invoke discrepancies in the future.
22. In case of any problems, discrepancies, or risk of failure to comply with any condition of this order, the Contractor must immediately inform the Principal. Failure to inform about delays, damage, or discrepancies may result in a 25% reduction of the freight rate. This does not exclude the Principal’s right to pursue claims exceeding the contractual penalty.
23. Any costs incurred due to the Contractor collecting load-securing equipment from the loading site without the Principal’s consent shall be borne by the Contractor.
24. Pallets for exchange must be NEW pallets only. The Contractor is obliged to deliver original pallet receipts to the Principal. The Principal reserves the right to withhold freight payment or reduce it by the value of unreturned pallets if original pallet receipts are not delivered or if a pallet receipt is signed when pallet exchange was not included in the order.
25. In the case of refrigerated transport, the Contractor is obliged to deliver the original thermograph printout to the Principal, under pain of withholding payment until receipt of the original.
26. Any change to the order content, in particular loading/unloading dates and times, quantity, or weight of goods, requires confirmation by both parties via fax or e-mail to be valid.
27. The Contractor undertakes to perform the transport personally. Subcontracting the transport to third parties is excluded unless expressly agreed by the Principal.
In case of subcontracting without consent, the Contractor shall pay a contractual penalty of EUR 50,000.
28. Vehicle stoppages during loading/unloading up to 24 hours are free of charge.
29. The Principal Mark Spedition Sp. z o.o. is entitled to claim from the Contractor a contractual penalty equal to five times the freight for non-performance or improper performance of the service.
a) Improper performance includes in particular: delay in positioning the vehicle for loading or unloading, loss or damage of goods or packaging, discrepancies in weight or quantity, loss or misuse of documents, failure to follow instructions regarding goods, delay in delivery of documents, or failure to provide information.
b) In case of unjustified suspension of the order, concealment of goods, or other actions endangering proper performance due to the Contractor’s fault, the Principal may impose a penalty of ten times the freight and notify relevant authorities and organizations.
30. The contractual penalties specified herein have been calculated taking into account damages that may arise from non-performance or improper performance of the order.
31. Mark Spedition sp. z o.o. reserves the right to cancel the order for reasons beyond its control, at any time (even on the loading day), without incurring any costs.
32. In case a complaint regarding transport service performance is submitted by the Principal, the payment term shall be extended by 6 months, unless otherwise agreed.
33. Contractual penalties may be deducted from remuneration, in particular on the basis of a debit note.
34. If the Contractor submits a claim for payment that does not exist, is overstated, or is not yet due, the Principal may claim damages and reimbursement of legal costs.
35. A “claim for payment” includes in particular payment demands, lawsuits, debt collection, or reporting claims to risk management or collection platforms.
36. Unless otherwise specified, the Contractor must ensure special security of transported goods, including stopping only at guarded parking lots.
37. All receivables due to the Principal under this agreement may be set off against the Contractor’s receivables.
38. The competent court for disputes shall be the court having jurisdiction in Szczecin.
39. In case of payment delay not exceeding one month, disputes shall be submitted to arbitration in Szczecin.
40. This offer may be accepted only without reservations. Failure to submit a written refusal within 30 minutes of receipt shall be deemed full acceptance of the order.
41. If the transport order does not specify the amount of a penalty, the following shall apply:
a) Failure to provide vehicle for loading – 100% of freight
b) Delay in providing vehicle for unloading – 30% of freight
c) Failure to document seal condition – 30% of freight
d) Reloading without consent – 100% of freight
e) Failure to inform about delay/damage/discrepancies – 25% of freight
f) Change of tractor/driver affecting notification – 30% of freight
g) Providing false vehicle location/status data – 10% of freight
42. The Principal, as data controller, informs that personal data provided by the Contractor will be processed for contract execution and fulfillment of legal obligations.
43. Providing data is voluntary but necessary for contract performance. Data may be disclosed to authorized entities in accordance with law.
44. The Contractor confirms having been informed of the right to access, correct, object to processing, and oppose marketing use of personal data.
45. The person signing this agreement on behalf of the Contractor undertakes to inform all related individuals whose data may be processed under this agreement.
Special provisions for transport performed in Germany
1. If any part of the order is performed in Germany, the Contractor must comply with the German Minimum Wage Act (Mindestlohngesetz). The Contractor declares knowledge of this law, has notified German customs authorities accordingly, pays employees at least EUR 12,50 gross per hour, keeps proper documentation, and stores it for at least two years. Failure to comply entitles the Principal to claim a contractual penalty of EUR 500,000.
2. Failure to notify German customs or keep documentation entitles the Principal to claim a contractual penalty of EUR 30,000, without prejudice to claims exceeding this amount.
I have read the Regulations in full, accept them without reservations, and confirm this by downloading the regulations to my e-mail address.
