GENERAL TERMS & CONDITIONS

2.   TYPE, EQUIPMENT AND REQUIREMENTS FOR MEANS OF TRANSPORT:

2.1. The truck has to correspond to the European regulations regarding to the emission classes,  it has to hold all the necessary authorizations for the prosecution of the transport, which makes the object of this contract, it has to be equipped with all securing equipment for the transported cargo. The trailer has to be clean and dry, waterproof curtain-sider and the floor without holes.

The CARRIER will equip the truck with at least 15 lashing straps of 2500 daN, anti-slip mats. The hoop traps must be complete in both sides, 2 cross-bars to secure the goods. In case of transporting dangerous goods, ADR, next to the  securing equipment which were mentioned before, it is required the ADR kit and afferent equipment. 

At the entrance inside of Consignee Company/loading place, the driver must wear the safety equipments consisting in helmet, reflecting vest, safety boots, protecting glasses and gloves. 

The truck executing this transport has to be in a good condition. The semitrailer/trailer must be clean, dry and the tarpaulin should not present holes. Floor must be clean without blunt objects and must be enable to be accessed with forklift. If CARRIER was transporting previously with truck assigned to this order smelling cargoes (as fish, leather etc) it has to be washed and ventilated properly. The trailer will only be accepted when returning if it is without smells and it is already at the temperature which is specified for the transported goods, therefore the CARRIER has to set the temperature before presenting at the ramp. Dismissing these requirements may lead to deny the loading of truck and the applied penalties will be supported by the CARRIER, according to the described reasons at point 10.

In case of transporting food stuff/groceries, the CARRIER has to hold a valid phito-sanitary authorization and has to be able send it to the driver.

2.2. Cold-storage trucks have to be technically capable to hold the requested temperatures for the entire duration of the transport and to print the thermo-diagram at unloading.

The specified temperature for the goods will be communicated by HOPE SPED at the first page of present contract and disrespecting these will give HOPE SPED the right to charge the CARRIER the counter value of the damage and the afferent supplementary costs. In case of a transport with controlled temperature, the thermo-record will be printed at unloading place and will be later on sent to HOPE SPED together with the afferent transport documents.

Not presenting thermo-record at unloading place, can raise the refusal of cargo reception and a quality check of the goods could be organized, all costs of it will charged to the CARRIER.

 

      3.   TRANSPORTING GROUPAGE/PARTIAL LOADS OF GROCERY GOODS/FOOD STUFF:

In case CARRIER is performing a groupage/partial load by present transportation contract, it is strictly forbidden loading other goods that may harm the aspect or quality of the specified cargo in this contract.

Sender of the goods may not load his products, in case in the truck assigned to this order are already loaded ADR, bad smelling goods etc., or packaging of the goods is not proper and may affect the condition of sender's goods. If truck is refused or declined for loading by sender for the reasons previously mentioned, a penalty fee may be applied to CARRIER according point 10 from present transportation contract.

 

 

 

 4. OBLIGATIONS IN THE CASE OF SHIPMENTS MONITORED BY THE RO E-TRANSPORT SYSTEM

If, for any reason, the means of transport whose identification data have been communicated to HOPE SPED changes, the Carrier is obliged to notify HOPE SPED, as soon as possible, and to transmit the data relating to the means of transport with which he will carry out/continue to carry out the transport, in order to modify the data declared in the RO E-Transport System. The Carrier is obliged to ensure that the means of transport is not put in motion/is stopped before the border crossing point at the entry into Romania until confirmation of the modification of the declared data concerning the means of transport by HOPE SPED.

The Carrier is obliged to respect the border crossing point declared in the RO E-Transport system.

The Carrier is obliged to check the validity of the UIT code and not to travel on Romanian territory if the UIT code has expired. The Carrier is obliged to arrive within the validity period of the UIT code at the place of unloading located on the territory of Romania/at the border crossing point when leaving the territory of Romania, and if he finds that this is not possible, he is obliged to notify HOPE SPED in order to take the necessary steps to obtain a new UIT code.

The Carrier is obliged to ensure that the driver has the UIT code for the transport operation in physical or electronic form. The driver is obliged to present, at the request of the competent authorities, the transport documents, including the UIT code of the transport operation.

The Carrier shall be liable for any damage caused to HOPE SPED and/or its clients by total or partial failure/faulty performance of its obligations.

 

5. SUBCONTRACTING AND TRANSSHIPMENT OF A CARGO:

Transport subcontracting from present contract is forbidden without written approval of HOPE SPED, otherwise CARRIER is exposing HOPE SPED for breaching of his contractual obligations, and CARRIER will be held liable to bear all moral and financial consequences.

Transshipment, Cross-Docking, rearranging of pallets/cargo or of the packaging without the written approval of HOPE SPED, it is strictly forbidden! For any damage, shortage of the cargo resulting from this action, CARRIER will be hold fully responsible!

 

6. PARKING LOTS :

The trucks will only park in guarded, well illuminated, video surveillance secured parking lots, according to the International Road Transport Union IRU: http://www.iru.org/transpark-app. Drivers has to be instructed and trained accordingly, has to inform HOPE SPED and the competent authorities in case of any theft/bribery suspicion.

Any instructions received from third party related to destination of cargo or unloading place which could put in danger our goods, will not be accepted therefore any damage resulting from this kind of action will be charged to CARRIER. These changes can only be made in a written form and with the approval of the contact person from HOPE SPED, the person who issued the contract.

 

7.   SPECIFIC CONDTITIONS FOR TANK TRUCKS:

The tank truck has to be clean and dry upon arriving for loading, it is absolutely necessary to have a washing certificate issued by an authorized washing station (ECD-European Cleaning Document), must be able to take over the product specified in this contract. Otherwise, any contaminations of the products will CARRIER’S responsibility as any costs or penalties incurred as a result of the possible contamination. Loading is automatic and loading procedure must be respected. In case of dangerous cargos, the tank truck and the driver must have the certificate and the ADR equipment, according to the legal regulations. Dismissing these legal obligations will involve your exclusive responsibility. The driver must be able to speak at least at a beginner-level an international language. The driver will communicate by telephone to SC HOPE SPED, the quantity of the loaded product, as well as the duration of loading.

Driver has to inform by telephone the arrival and the departure time at/from loading/unloading place. The driver should be instructed to report any discrepancy in the documents before leaving the loading place, he cannot leave until all the necessary documents are complete and handed to him. Otherwise CARRIER is hold fully responsible.

 

8.   SEALING:

If the sender seals the trailer, this has to be marked on CMR. If during the transport, the truck is inspected by the competent authorities and the sealing is removed, this has to be recorded on CMR and CARRIER has to inform HOPE SPED.  Unjustified removal of the seals will be considered as a possible source of damage/contamination/theft/bribery of goods and therefore the goods will be checked in detail at unloading and for extra costs and time the CARRIER will be fully responsible. In lack of time the consignee reserves the right to take over the cargo with further investigation and any nonconformity or contamination of the cargo will be charged.

 

9.   DRIVERS OBLIGATIONS:

9.1 Trained and experienced drivers should be delegated by the Carrier to perform the transport. During contract period divers has to behave appropriately, not to be under the influence of alcohol or other substances (eg drugs or medicines  that may affect driving) and respect all the senders/receivers requirements regarding safety/security and protection, as well as any other specific instructions from the loading / unloading places. The Carrier ensures that the drivers will respect the legislation in the field of transport regarding driving and rest times.

9.2. The carrier has no retention right relating to the cargo handed over to it for carriage by the consignor or by any third party acting on its behalf If no payment obligations related to the present transport certified and overdue. The carrier has no right in any case to hold back or to distrain the expedition house’s or its client’s goods without legal right.

Driver cannot leave the loading place without all the necessary transport documents for the loaded products and for a safe trip.

The driver will note any discrepancy in the CMR, like unsuitable packaging or lack of delivery documents from the sender. Damages, losses, penalties resulting from the driver’s non-compliance with these obligations, will be charged to the CARRIER.

Transshipping or unloading / loading in other trucks or warehouses as specified is forbidden!!

9.3. The CARRIER has the obligation to provide a truck equipped with GPS tracking system. At the request of HOPE SPED, the CARRIER will transmit the information regarding the position of the truck transporting the goods related to this contract. The CARRIER must share, in the shortest possible time, in digital format (extracted from the GPS system) the position of the truck at the time of the request. Otherwise, the CARRIER will bear penalties for the damage caused.

 

10.   Terms and conditions of payment and the negociated price:

 

The negotciated rate /price is paid by HOPE SPED on the basis of the invoice issued by the TRANSPORTER, within the payment term agreed by this contract, the term being calculated from the date of receipt of the original CMR.

The invoice has to be issued in that month in which the delivery took place.

The Carrier is obliged to send to HOPE SPED`s headquarter the original invoice together with the following transport document: original CMR, delivery notes, original certificates, copies of the tranzit document, if necessary. Invoices issued for transport with controlled temperature, must be sent with the termodiagram for the entire duration of the transport. The CMR consignment note must be filled out properly and legibly, it must be stamped by the consignor, the consignee and the carrier.

The payment term is always calculated from the date of receipt of the original CMR and transport documents by the HOPE SPED.

 

11.  PENALTY FEES AND CHARGES  :

Accepting the terms and conditions of the present contract by the CARRIER will involve respecting the loading and delivery terms. Penalty-free time for loading/unloading 24 hours must be provided by the CARRIER. Any delay at loading/unloading will be penalized with 250 EURO/day or depending on the damage caused delay to the agreed and accepted time by both parties! Cancelling this contract 24 hours before loading is charged with 500 euros or minimum price difference compared to the next carrier’s transport price. Stationary costs / day, after 24 h , maximum 150 EUR.

 

12.  DAMAGES AND LIABILITY:

For damages, losses, shortages or other claims occurred by not fulfilling the requirements and conditions of this contract, the CARRIER is hold fully responsible. The CARRIER has to announce the insurance company in order to evaluate the damages or claims. In case of registered trade mark goods  destroying procedure will be initiated to avoid illegal using of products. The damaged goods will not be refunded, it will be incinerated, according the procedure and local laws.  The CARRIER and /or its insurance company will be noticed about the fixed deadline and can attend at the destroying of the goods.  The cost of this process will be in the charge of the CARRIER.

 

13.  ADDITIONAL CONDITIONS FOR INTERNATIONAL TIR REGLEMENTATION OR TRANZIT:

In case of International Transport between non European Union countries, is required to send together with the invoice, the TIR Carnet copy and transit documents. If T-transit documents (ATR-s) are used , the copy of this documents will be sent by the CARRIER after closing the transit at the final customs office. If the shipment is added the Export Declaration (SAD) this will be stamped upon entering or leaving the European Union and the CARRIER will annex the invoices for HOPE SPED. The EUR1 certificate has to be stamped by the customs office.

 

14.  FINAL CLAUSSES:

By accepting this AGREEMENT, you are bound not to contact directly or indirectly the transport beneficiaries (transport client), not to disclose trade prices of any kind, not to perform unfair competition. FAILURE TO this, you will incur penalties of minimum 10.000 Euros AND maximum - depending on the injurious effect. These terms shall be deemed accepted and valid for 12 months after the delivery of the goods at the unloading place, respectively the specified date of unloading if all the goods did not reach the destination or it only reached partially according to this contract. This transport is complied with CMR, AETR and TIR and the priority is the understanding between both parties, resuming this contract! This Agreement supersedes al prior agreements and/or understandings, whether written or oral, between the parties.

 

15. GDPR INTIATIVES

“The Parties acknowledge the provisions of “Regulation (EU) 2016 / 679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)”, and throughout the contractual relationship they shall meet their obligations under the aforementioned Regulation, regardless whether they act as “Controller” or “Processor” or in any other capacity.

Personal data processed under the contractual relationship established hereby concern drivers and transport coordinators, and are: full name, e-mail address, work phone number, place of work address, geolocation.

The aforementioned personal data, which are/may be processed, as applicable, can also concern persons designated by the customer / by the subcontractors / by the transportation beneficiaries and by any shipper or recipient, for the transportation contract/ performance / coordination.

The Parties shall act on any future domestic or community legal provisions regarding the protection of personal data, by amending the documents on which the commercial collaboration is based. Refusal to make such amendments may be cause for termination of any agreement between the parties, by no fault of the party requesting the termination as a result of the other party’s refusal”.

Communication of this document is equivalent to the unequivocal consent to the processing of personal data by the Party acting as “Processor”. The responsibility to notify the data subjects and to obtain their consent lies with the party acting as  “Controller”. Personal data may also be processed on any other legal grounds, as indicated under art.6 paragraph 1 of the Regulation.

 

      16. Any disagreement, dispute, controversy or claim with respect to the validity of this Agreement or arising out of or in relation to the Agreement, or breach hereof, shall be finally settled by courts of the headquarters of the SC HOPE SPED.

CARRIER must confirm with signature and stamp this contract within 3 hours of receipt. In case he will not confirm the contract and nevertheless proceeds to perform this transport, it will be considered accepted as transport price and also as contractual terms described in this agreement.

The provisions of international conventions, CMR, TIR, AETR, ADR and ATP will be referred to this agreement.