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General terms and conditions of the sender

GENERAL TERMS AND CONDITIONS OF THE FORWARDER of Mallogistic s.r.o., with its registered office at Dopravná 1907/3, 075 01 Trebišov, Slovak Republic, Company ID: 52351700

Article I Basic Provisions

  1. These General Terms and Conditions of the Forwarder (hereinafter referred to as the “GTC of the Forwarder”) are issued by Mallogistic s.r.o. to establish the rights and obligations of the contractual parties of the forwarding contract (hereinafter referred to as the “Forwarding Contract”), which is concluded between Mallogistic s.r.o., with its registered office at Dopravná 1907/3, 075 01 Trebišov, Slovak Republic, Company ID: 52351700, registered in the Commercial Register of the District Court Košice I, in section Sro, insert no. 46169/V (hereinafter referred to as the “Forwarder”), and any natural person, legal entity, or other legal entities that are entrepreneurs (hereinafter referred to as the “Client”). The Client, when concluding and fulfilling the forwarding contract, acts within their entrepreneurial activities. The purpose of the forwarding contract is to regulate the mutual rights and obligations of the contractual parties arising from the arrangement of consignment transport.
  2. Transport of a consignment refers to either domestic or international transport.
    • Domestic transport refers to the transport of a consignment where the place of receipt and the intended place of delivery (hereinafter referred to as the “destination”) are within one country.
    • International transport refers to the transport of a consignment where the place of receipt and the destination are in two different countries.
  3. By the forwarding contract, the Forwarder undertakes to arrange for the Client the transport of a consignment from one place (destination) to another place (destination), and the Client undertakes to pay a fee.
  4. These GTC of the Forwarder are an integral part of the forwarding contract concluded between the Forwarder and the Client (hereinafter jointly referred to as the “Contractual Parties”). Deviating provisions of the forwarding contract take precedence over the provisions of these GTC of the Forwarder. Any deviations from these GTC of the Forwarder must be agreed upon in writing by the Contractual Parties, otherwise, they are invalid.
  5. Legal relations established by the forwarding contract are governed by Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”), especially Part XIII, Forwarding Contract, other legal regulations of the Slovak Republic, these GTC of the Forwarder, and the General Forwarding Conditions of the Association of Logistics and Forwarding of the Slovak Republic. In case of a conflict between the provisions of the General Forwarding Conditions of the Association of Logistics and Forwarding of the Slovak Republic and the GTC of the Forwarder, the provisions of these GTC of the Forwarder shall prevail.
  6. The Client is obliged to familiarize themselves with the GTC of the Forwarder before concluding the forwarding contract. These GTC of the Forwarder apply to all contractual relationships between the Forwarder and the Client regarding the arrangement of the transport of consignments from the moment of concluding the forwarding contract until the fulfillment of all obligations arising from the concluded forwarding contract or related thereto. By concluding the forwarding contract, the Client is bound by these GTC of the Forwarder and expresses their consent to them. Consent to these GTC of the Forwarder may also be expressed in other ways, especially through electronic communication between the Contractual Parties.
  7. After the acceptance of these GTC of the Forwarder, all legal relations between the contractual parties will be governed by these GTC of the Forwarder until one of the contractual parties notifies the other party in writing that they no longer wish to be bound by the GTC of the Forwarder. The effects of such notification arise on the day of delivery of the written notification.
  8. The Client’s terms and conditions are valid only if the Forwarder has expressly, in writing in the forwarding contract, accepted that the Client’s terms and conditions take precedence over the GTC of the Forwarder. Otherwise, the GTC of the Forwarder shall prevail.
  9. The Forwarder is entitled to continuously update or amend the GTC of the Forwarder. All changes, additions, or the full wording of the updated GTC of the Forwarder will be issued in writing and appropriately published on the Forwarder’s website.
  10. If any provision of the GTC of the Forwarder or the forwarding contract is invalid, this does not affect the validity of the remaining provisions. The Contractual Parties shall replace any invalid provision of the GTC of the Forwarder or the forwarding contract with a new provision that most closely approximates the intent agreed upon by the Contractual Parties at the time of concluding the forwarding contract.
  11. If these GTC of the Forwarder stipulate a written form for a certain act, this requirement is also met if the act is done in electronic form.
  12. The Contractual Parties expressly agree that the transport the Forwarder is to arrange for the Client under the forwarding contract may be performed by the Forwarder itself. In such a case, the contractual relationship between the Contractual Parties shall be assessed as a contractual relationship from a transport contract (hereinafter referred to as the “Transport Contract”), in which the Client will have the position of the Sender and the Forwarder the position of the Carrier. In this case, the mutual relations between the Client as the Sender and the Forwarder as the Carrier will be governed by the Convention on the Contract for the International Carriage of Goods by Road (Minister of Foreign Affairs Decree No. 11/1975 Coll., hereinafter referred to as the “CMR Convention”), if applicable in the sense of the provisions of Article 1(1) to (4) of the CMR Convention and, secondarily, by Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”) and reasonably by these GTC of the Forwarder, where for the purposes of applying these GTC of the Forwarder, the Client shall always be considered as the Sender, the Forwarder as the Carrier, and the forwarding contract as the Transport Contract. In cases where it is not possible to apply the provisions of the CMR Convention to the legal relationship established by the Transport Contract, it is governed by the provisions of the Commercial Code and other legal regulations of the Slovak Republic and reasonably by these GTC of the Forwarder.

Article II Order for Transport and Conclusion of the Forwarding Contract

  1. The forwarding contract is concluded by the Contractual Parties based on the Client’s Order and its acceptance by the Forwarder.
  2. An Order is understood as a unilateral legal act by the Client directed towards the Forwarder for the purpose of arranging transport of the consignment by the Forwarder. An accepted order is considered a contract proposal.
  3. The Order must be sent by the Client to the Forwarder in writing, via email, or fax, and must contain the following information:
    • a/ Client’s identification: business name, address, Company ID, Tax ID, bank details, contact person responsible for arranging the consignment transport,
    • b/ Specification of the consignment for transport (type, dimensions, weight, quantity, packaging type, and any special designation),
    • c/ Loading location,
    • d/ Date for consignment loading,
    • e/ Unloading location,
    • f/ Date for unloading,
    • g/ Transport cost,
    • h/ Client’s special requirements for transport, if any.
  4. A contract proposal (“Order”) is considered duly accepted if the Forwarder does not reject the proposal within 4 business hours after receiving it via email or by confirming the order in writing or via a CMR consignment note.
  5. The person submitting the order declares they are duly authorized to conclude the forwarding contract. If this declaration is false, the person submitting the order is liable for any damages caused by an invalid contract or incorrect terms. This person also declares they will cover the financial obligations arising from the Forwarder’s accepted GTC if the Client does not fulfill them.
  6. Once the transport order is accepted, the forwarding contract is considered duly concluded, and the Forwarder undertakes to arrange the transport for the Client as agreed.
  7. Upon accepting the order, the Forwarder may require the Client to deposit up to 80% of the agreed transport cost as an advance. The Forwarder will duly confirm the receipt of the deposit and issue the necessary tax or other documents (e.g., a pro forma invoice).
  8. The Contractual Parties are bound by the concluded forwarding contract and may not unilaterally cancel it unless otherwise stipulated by the contract, these GTC, or applicable legal regulations.
  9. The Forwarder arranges the necessary contracts with carriers or sub-forwarders for the ordered transport. The Forwarder is authorized to carry out the transport themselves. By submitting the order, the Client explicitly consents to the Forwarder performing the transport.
  10. The consignment note or CMR note is evidence of the transport contract. The consignment note is prepared in three originals, stamped, and signed by both the sender and carrier. One copy is for the sender, one for the carrier, and one accompanies the consignment. The absence or deficiency of a consignment note does not affect the existence or validity of the contract.
  11. If the consignment needs to be loaded onto multiple vehicles or includes different types or parts, the Client or Forwarder may request the issuance of as many consignment notes as necessary.
  12. Filling out the consignment note or CMR note is the Client’s responsibility. The Client is liable for the accuracy of the information provided, even if the carrier filling out the consignment note does so at the Client’s request.

Article III Rights and Obligations of the Contractual Parties

  1. The Client must complete all mandatory information on the consignment or CMR note, including the quantity and weight of the consignment. The Client must ensure appropriate packaging and secure placement of the load on the vehicle. If the transport is arranged for the Client’s customer, the Client is responsible for instructing the customer on proper loading.
  2. If the Forwarder finds that the consignment does not meet the packaging or labeling conditions during loading, they may refuse the transport. If the Client confirms the Forwarder’s reservations noted in the consignment note or CMR note, loading will proceed.
  3. The Forwarder, through the carrier, does not verify if the consignment requires packaging or if the packaging is suitable. The Client is liable for damages due to defective or insufficient packaging.
  4. The Client must ensure the consignment’s characteristics align with those agreed in the forwarding contract or accepted order. If the Forwarder finds that the consignment deviates significantly from the agreed specifications (e.g., dimensions, type, quantity), they may refuse transport or carry the agreed quantity only. The Client is liable for any costs due to failure to meet these obligations.
  5. The Forwarder, through the carrier, may verify the weight of the consignment at any time, especially if there are doubts about the accuracy. If the actual weight exceeds the stated weight by more than 3%, the Client bears the costs.
  6. If the Client exceeds the vehicle’s maximum load limit without the Forwarder’s knowledge, the Client is liable for any penalties incurred by the Forwarder.
  7. The Client must secure timely loading, unloading, and customs clearance. Delays caused by the Client incur a fee of 100 EUR per hour, and an additional fee of 3 EUR per extra kilometer if the location is incorrect.
  8. The Client must provide all necessary documents for the consignment’s transport and customs clearance. Failure to provide these documents on time will result in a penalty of 100 EUR per hour.
  9. Generally, loading is the Client’s responsibility, while unloading is the responsibility of the consignee unless otherwise agreed.
  10. The Client or their customer must provide necessary securing materials for the load.
  11. The driver (acting on behalf of the Forwarder’s carrier) is responsible for overseeing the load’s distribution on the vehicle to ensure safety during transport.
  12. The Client or consignee must ensure no damage to the vehicle occurs during loading or unloading.
  13. If the vehicle becomes significantly soiled during loading or transport, the Client must clean it at their own expense.
  14. The Forwarder will submit any objections regarding the loading, unloading, or transfer in writing to the Client.
  15. The Forwarder must perform their duties with professional care and quality.
  16. The Forwarder must follow the Client’s instructions. If no instructions are received, the Forwarder should request them.
  17. The Client is not entitled to charge additional costs resulting from the carrier’s unauthorized vehicle detention unless the delay is the Forwarder’s fault.
  18. The Forwarder may arrange the transport using third-party sub-forwarders without restriction.
  19. The Client must immediately inform the Forwarder of any risks or circumstances that could affect the fulfillment of the forwarding contract.
  20. The Client must provide the Forwarder with full and accurate information about the consignment.
  21. If the Client fails to complete loading on time, they are liable for a penalty of 50 EUR per hour. If the Client cancels transport within 24 hours of the loading time, they must pay the full transport fee.
  22. The Client agrees not to contact third parties involved in the Forwarder’s transport arrangement beyond what is required unless an existing contractual relationship justifies it.
  23. Claiming any contractual penalty does not affect the Forwarder’s right to claim additional compensation.
  24. The Forwarder may choose to claim either a contractual penalty or compensation, but not both simultaneously.
  25. Contractual penalties or compensations are payable the day after they are claimed in writing.
  26. The Client is not entitled to claim additional compensation for damages arising from the breach of obligations beyond one-fifth of the agreed fee.
  27. In addition to the agreed fee, the Forwarder is entitled to reimbursement for necessary and beneficial expenses.
  28. The Forwarder is entitled to the agreed fee once the necessary contracts with carriers or sub-forwarders are arranged.
  29. The Forwarder has a lien on the consignment as security for claims arising from the contract.
  30. The Client will pay the agreed fee upon receiving an invoice from the Forwarder, with a 30-day due date unless otherwise agreed.
  31. The Forwarder is not liable for loss or damage to the consignment caused by its natural defects or quality.
  32. The Client declares that all claims arising from transport will have a limitation period extended to 10 years from the first accrual of the limitation period.

Article IV Final Provisions

  1. The Client does not have the right to assign their claims against the Forwarder under the forwarding contract to a third party.
  2. Any disputes arising between the Client and the Forwarder from the concluded forwarding contract shall be resolved primarily through out-of-court methods by the Contractual Parties.
  3. All legal relationships arising between the Contractual Parties based on the forwarding contract, including those related to the concluded forwarding contract, shall always be governed by the legal regulations of the Slovak Republic and international treaties that take precedence over the laws of the Slovak Republic. The applicable law shall always be Slovak law.
  4. These Forwarder’s GTC are issued in the Slovak language. In case of any ambiguities or conflicting interpretations of these GTC in Slovak and English, the commercial relationships between the Client and the Forwarder shall be governed by the Slovak version of the Forwarder’s GTC.
  5. These updated Forwarder’s GTC are effective as of April 27, 2019. All changes and amendments to these GTC shall become valid on the date of their publication and availability on the Forwarder’s website.