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.
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., Ľudové námestie 4, 831 03 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 or e-mail to 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.
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.
8) The carrier is committed to carrying out its activities for the sender, to comply with all applicable laws in the countries in which transport is carried out under this Agreement, including legislation on minimum wages for employees or other similar regulations. The carrier is fully responsible to the sender for any damage caused to the consignor breach of the obligation of the carrier under the previous sentence as well as any sanctions or fines imposed or imposed to the sender for breach of the obligation of carriers in the previous sentence.
9) The carrier undertakes to comply with the following instructions for unloading goods at the place with no apparent seat of the company (building, unmarked warehouses, open spaces, etc.) For the safe delivery of goods to customers, respectively to the destination, the carrier must pay attention to the following procedures concerning delivery service and supporting documents.
1. Accurate information from the sender:
- In order from the sender must be mentioned specific contact person at unloading place:
name, title, telephone number + Other requirements for unloading
- If the designated person is not present at unloading place, the sender must designate in writing another person. Without written permission to release the goods to the confirmed person the goods cannot be unloaded !!!!
2. instructions for the driver:
- Driver (representative of the carrier) is required at unloading place to contact the person listed in the order and to submit the goods only to this designated person
- This designated person must confirm the receipt of the goods on the CMR document stating the following information:
Full name in capital letters, function in the company, ID card number, signature, date and time of receipt of the goods
- If the designated person is not present at unloading place, the driver shall immediately inform the submitter of transportation / sender who shall designate a replacement person to receive goods. Without written permission the goods cannot be delivered to another person !
- The driver is obliged to check all the documents confirmed after unloading
Without the above data in the transport documents, the transportation shall be considered as having not been made, ie, transportation will be considered uncompleted and will not be paid. Any differences in delivery and claims for non-delivery are in full carrier´s responsibility
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 / freight forwarder 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, freight forwarder, delivered to freight carrier. Freight carrier hereby expressly agrees with such a set off claims.
9) 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.
10) Requirements in case of transportation with sealing obligation :
Product acceptance and inspection
All full inbound and outbound trucks must be sealed by responsible employees using numbered metal seals recorded. Seal number must be certified and listed in the accompanying documents.
In the event that the security seal has been breached by an authorized person (eg border, customs officers), there must be a corresponding entry that describes the reason for removing the seals.
It should be made exchange numbered seals and these data shall be recorded in the transport documents.
When supplying the identity of the driver's will be revised along with documentation (such as whether the correct name of the driver given in the documents, if the same person is a photographed of the ID, etc.). If there is evidence of non-compliant transport practices and tampering with the goods, then this can be rejected and returned or will wait for the inspection of the responsible official of the recipient.
This performance quality assessment will determine the potential impact of the following : (Example: prohibited materials for transportation, previous use of vehicles for the transport of a prohibited substance, the current location of the consignment and the risk of contamination, inadequate temperature control, breakage, illegible or missing seals. or if the seal number does not match the number in the transport documents).
11) Elimination of "neutralization CMR" or transhipment:
If the sender requires neutralization or transshipment during transport, the carrier is obliged to issue and sign the following declaration:
A "Declarationof the carrier ordriver'
I declare that I have received from my employer or the charterer instructions to transport, which are fully in line with the contents of my signed CMR consignment note number ...............
I have not received any instructions, and I know of no facts that would suggest that the transportation will not carried out exactly according to the CMR.
During transport I'll park in secure parking places listed on the website IRU. I further understand that putting untruths in this statement, unloading at another place, as shown in the CMR or transferred to another entity, such as the person referred to in the CMR do I become
an accomplice in an offense fraud under § 221 , embezzlement under § 213 of the Criminal Code or the tax or other tort.
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.
5) The freight carrier under the consigner´s General terms and Conditions expresses freely and seriously their consent with the invoice being issued to the consigner will be due no later than after 75 days after its record in the accounting books of the consigner, whereas the freight carrier also declares that such agreed maturity of freight carrier´s invoices is in no way a severe inequality to the rights and obligations resulting from the contractual relationship for the freight carrier.
6) The freight carrier shall be obliged to inform the consigner prior to concluding the transport contract whether as of the day of concluding the transport contract he was listed or published on the list of persons kept by the Financial Directorate of the Slovak Republic on portal of Financial Administration of the Slovak Republic pursuant to Section 69 (14) (b) of Act No. 222/2004 Coll. on value added tax or whether there were no reasons on the freight carrier´s side for cancelling the registration pursuant to Section 81 (4) (b) of Act No. 222/2004 Coll. on value added tax. This obligation to inform the consigner on the above facts shall also apply during the entire period of contract. Providing the freight carrier will be added to the list of persons kept by the Financial Directorate of the Slovak Republic on portal of Financial Administration of the Slovak Republic pursuant to Section 69 (14) (b) of Act No. 222/2004 Coll. on value added tax or there would be any reasons on the freight carrier´s side for cancelling the registration pursuant to Act No. 222/2004 Coll. on value added tax, the freight carrier shall be obliged without undue delay to inform the consigner about the facts in writing. Upon the freight carrier´s breach of obligation he has against the consigner or upon stating false data by the freight carrier regarding the stated facts, the consigner shall be entitled to request damages caused thereby to the consigner with regard to the establishment of consigner´s liability for contained on the invoice pursuant to Section 69 (14) of Act No. 222/2004 Coll. on value added tax, if it was not paid by the contractor, including tax paid based on the decision of the tax authority of the contractor. Providing the freight carrier was published on the list of persons kept by the Financial Directorate of the Slovak Republic on portal of Financial Administration of the Slovak Republic pursuant to Section 69 (14) (b) of Act No. 222/2004 Coll. on value added tax, the consigner shall be entitled to immediately unilaterally withdraw from the Contract with effect as of the day of notification on withdrawal from contract to the freight carrier.
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.
4) The customs authorities may inspect trucks and ask for a sampling of cargo.
In this case, the carrier must observe the following:
1. Where the customs authorities ask for a sample of goods shall issue a confirmation that the sampled and explain for what purpose
2. If you break the seal and be deployed new, this must be stated in the CMR.
3. A driver must have the seal replacement to be able to put it in place of the injured
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.
6) Carrier/Supplier is not authorized without written permission from MO Slovakia to proceed the transportation to another carrier/forwarder.
7) Transportation shall not be published and offered on auction portals (such as RAAL, TIMOCOM and so on.). In case of breach of these conditions can be the carrier/supplier affected by fines up to whole transport costs.
8) If proceedings of carrier/supplier will lead to loss of a customer, MO Slovakia can apply against the carrier/supplier liquidated damages in the height of lost profits.
9) To allow the carrier to carry out shipment sender must be added to the list of approved suppliers of sender. For inclusion in this list carriers must submit the following documents to the sender:
- The concession deed
- Extract from the Commercial / Trade Register
- A copy of the insurance policy with proof of payment of premiums for the current period
- Questionnaire of carrier
- Complete contact and billing information
- List of disponents and drivers
- List of vehicles and license plates
- Reference list
In the event of any changes in these documents, the carrier must report this change to the sender.
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).
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 as of the date : 15.7.2015