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GTO GENERAL TERMS OF ORDER (GTO)

from DAGO Express GmbH, Karl-Marx-Straße 193, 15230 Frankfurt (Oder)
  1. Contact
      Contact with the Orderer should be made through:
    1. Email [email protected]
    2. Phone +49 335 277 130 05
  2. Terms and Conditions for the Performance of the Order
    1. Before starting the service, the Contractor shall be obliged to provide the Orderer with the direct phone number to the driver, and to ensure stable contact with the driver, i.e., oblige him to collect phone calls and respond to text messages and to provide him with the required tools. In the event of no contact with the driver or the Contractor within 1 (one) hour after the first attempt at establishing contact, the Contractor shall be obliged to pay a contractual penalty in the amount of € 50.00 net.
    2. If the parties decide so, the Contractor shall be obliged to provide the Orderer with ongoing information about the course of the transport and the location of the vehicle used to perform the transport. The Contractor may provide the Orderer with information on the location of the vehicle by providing the Orderer with tools allowing to monitor the vehicle, at the latest on the moment of finishing the loading of the goods. In the event of granting consent to monitor the vehicle, the Contractor shall make the GPS signal available or integrate its telemetric system with a monitoring tool used by the Orderer. In case of breach of this obligation, the Contractor shall be obliged to pay a contractual penalty in the total amount of € 150,00 net.
    3. The Contractor’s vehicle must be clean, in good condition and free from any odours. The Contractor shall be obliged to ensure that the vehicle is fitted with equipment required to adequately secure the cargo specified in the order, in particular in fastening belts, corners and anti-slip mats.
    4. The Contractor is responsible for the proper protection of the cargo inside the vehicle.
    5. The Contractor shall be obliged to be present during loading and unloading of the cargo, inspecting the conformity of the goods with the documentation, including the packaging, quantities and visible damage. In the event that the Contractor’s driver is not admitted to the place of loading or unloading, differences in quantities in relation to the order and documentation or visible damage to the products or packaging, the Contractor shall include a remark in the consignment note (CMR) and notify the Orderer before leaving the loading or unloading area. In the event that the cargo is not present or in the case of any other issues in the loading and unloading area, the Contractor cannot leave the place of loading and unloading without the Orderer’s written approval. In case of breach of this obligation, the Contractor shall be obliged to pay a contractual penalty in the total amount of 200% of the net value of the freight.
    6. x
    7. At the latest within 30 minutes after reaching the loading destination, the carrier shall be obliged to inform the Orderer about this fact. Violation of this point shall be subject to a reduction of the freight price by € 10.00 net.
    8. At the latest within 30 minutes after loading, the Orderer shall be obliged to confirm the compliance of the data entered to the consignment note (CMR) with the data included in the order, in particular with respect to the place and time of loading, place and time of unloading, cargo type and weight of the load. Moreover, the Contractor shall be obliged to enter his data in field no. 16 of the consignment note (CMR) and to ensure that this document contains the stamps and signatures of the loader and the recipient of the cargo. The Contractor shall be obliged to ensure that the person collecting the goods has provided a legible name of his or her position (function), his or her full name and a stamp in field no. 24 of the consignment note (CMR) and the External Release and Lieferschein. In the case of a lack of a stamp, he or she should enter the type and number of a document confirming his or her identity. Violation of this point shall be subject to a reduction of the freight remuneration by € 50.00 net.
    9. At the latest within 30 minutes after unloading, the Contractor shall be obliged to send a photograph of the signed/stamped CMR to the address [email protected]. Violation of this point shall be subject to a reduction of the freight remuneration by € 10.00 net.
    10. The Contractor shall not have the right to unload, load or reload cargo during transport without obtaining the prior consent of the Orderer via e-mail. In case of a breach of this obligation, the Contractor shall be obliged to pay a contractual penalty in the total amount of 100% of the total value of the freight. During the performance of the transport based on this order, the Contractor shall not have the right to have in the vehicle or to load other cargo without the Orderer’s prior express consent issued via e-mail under pain of nullity. In case of a breach of this obligation, the Contractor shall be obliged to pay a contractual penalty in the total amount of 100% of the total value of the freight.
    11. The Contractor shall immediately inform the Orderer about any difficulties in performing the order. Violation of this point shall be subject to a reduction of the freight remuneration by € 25.00 net per each hour of delay in transport.
    12. In the case of a violation of the conditions described in the field “Additional comments to the order” by the Contractor, the Orderer may impose a contractual penalty on the Contractor in the amount of 100% of the remuneration for the freight.
    13. The Orderer shall not be held liable for any damages incurred by the Contractor in connection with collecting the cargo compliant with the specification, weight and dimensions as listed in the order or CMR consignment note issued to the Contractor at the place of loading, nor for using vehicle which is unsuitable for loading or transporting the cargo specified in the order. In the case of providing a vehicle other than agreed in the order, the Orderer shall have the right to impose a contractual penalty on the Contractor in the amount of 50% of the remuneration for the freight.
    14. x
    15. If the Contractor has not received a written confirmation of the chargeable loading or unloading service, the Client will not pay any additional costs for it.
    16. If the client is not informed of a delay at least 30 minutes before the pick-up or delivery date, the freight price will be reduced by 10%
    17. No pallets change
  3. Non-Competition Clause
    1. The Contractor (including its employees, co-workers, proxies, representatives, subcontractors as well as all persons he uses for or during the performance of the order) shall be obliged not to engage in cooperation with the loader or the recipient indicated in the order, in particular not to offer them the Contractor's services within 5 years after the date of performing the order, or the date on which the order was to be performed, regardless if the order was performed by the Contractor or if it ceased to apply due to the withdrawal or termination of the order. In the event that the Contractor breaches this obligation, the Contractor shall pay the Orderer a contractual penalty in the amount of EUR 50.000.00 for each breach of that obligation. /li>
    2. The Contractor shall be prohibited from informing about the freight rates of the agreement conditions and other fees. This limitation shall also apply to offering the services of intermediary entities, in particular Trans.eu. In the event that the Contractor breaches this obligation, the Contractor shall pay the Orderer a contractual penalty in the amount of € 1,000.00 for each breach of that obligation.
  4. Order Conclusion
    1. The Order is typically sent by the Orderer in a form of an order issued via e-mail. The lack of a written refusal to accept the order within 30 minutes shall be tantamount to the acceptance of the order and all of its terms
    2. In the event of refusing the order 30 minutes after it has been received, the Orderer shall charge the Contractor with the amount of the difference with the transport fee resulting from the need to assign the order to a third party within a shorter time limit, and the amount stated in the order. This provision shall not limit the Orderer’s right to claim proven losses from the Contractor refusing after the expiry of the time limit specified in the agreement.
    3. The order may be accepted solely without reservations. All amendments to the conditions of performing the order shall be subject to the Orderer’s acceptance, expressed in documented form.
    4. The order may be transferred to a Subcontractor ONLY UPON the Orderer’s written consent and upon prior verification by the Contractor that the Subcontractor meets all the requirements specified in the transport order. Violation of this point shall be subject to a reduction of the freight remuneration by 100%.
  5. Contractor’s Declarations
    1. The Contractor declares, that at the time of acceptance of the order and the performance of transport, it holds:
      1. a valid general liability policy for a road carried with an unused insurance sum covering the value of the cargo accepted for transport, however not lower than EUR 600.000. or the amount of the special interest in the delivery of the shipment, if such has been declared by the Orderer
      2. valid technical inspection of the vehicle (the tractor and the trailer)
      3. all the required permits and licences for carrying out activity within the country and abroad.
    2. The lack of the required documents listed in section 1 grants the Orderer the right to withhold payments related to the performance of the agreement until the expiry of all of the client's claims against the Orderer related to the performance of the order.
  6. Contractor’s Liability
    1. The cross-border transport shall be subject to the provisions relating to the liability under CMR.
    2. The Contractor’s liability for cabotage transports in the territory of Germany: derogating from the provisions related to the cargo transits of the German Commercial Code (hereinafter: HGB) in relation to cabotage transports in the territory of German, the following agreements shall apply: Damages due for the loss or damage of the cargo shall be agreed on the basis of § 449 section 2 sentence 1 item 1 HGB by way of derogation from § 431 sections 1 and 2 of the HGB at 40 SDR per each kilo of the gross weight of the consignment. The provision included in section 2 shall be construed a derogation from the threshold of responsibility in the amount of .33 SZR as defined in § 431 section 1 of the HGB. A potential excessive liability of the Contractor shall remain unaffected (see in particular § 435 of the HGB).
    3. The Contractor shall be responsible for all the damage caused by him, his drivers or the used vehicles. In addition, the Contractor shall be held responsible for the actions of the subcontractors and his other auxiliary personnel involved in the performance of the order.
  7. Costs
    1. The costs of the lift, installation costs or costs related to stopovers caused by the delays in collection or unloading shall be incurred by the Contractor.
    2. If the order is cancelled by the contractor or if the order cannot be executed through the fault of the contractor, we will charge a fee of €100 net or the difference from the new freight that has to be paid (maximum three times the agreed freight).
    3. In addition, the Orderer also takes full responsibility for all damages resulting from order cancellation.
  8. Stopover Costs
    1. Wn the event that the Contractor shall be obliged to render a stopover service for over 4 hours in connection with the performance of the order, and documents the longer stopover time with a written declaration of the loader or the recipient of the cargo, the Orderer shall pay the Contractor a contractual penalty for each subsequent started day of stopover, which in the case of domestic transport shall amount to € 30.00 net. The maximum stopover cost for a single order is € 300.00 net.
  9. Declaration on Compliance with the Legal Regulations
    1. The Contractor declares that is conducts business and renders services in accordance with the applicable national, European and international laws
      1. international laws related to performing transport in the territory of specific EU countries, in particular legal provisions laying down the rules of secondment of drives and issuing remuneration for performing work in a specific country, which apply to the Contractor, in particular Regulation (EC) No 561/2006, AETR Convention, Fahrpersonalverordnung (German Regulation on Driving Personnel), Regulation (EC) No 165/2014 and Mindestlohngesetz (German Regulation on Minimum Wage).
      2. regulations on packaging, load securing, classification and labelling of dangerous goods (ADR) and performs all obligations imposed on persons who perform actions related to the transport of dangerous goods.
      3. legal regulations on anti-corruption activity, in particular takes up actions preventing corruption, extortion, embezzlement or fraud, which would aim for him to obtain financial or personal gains or in any other manner influence the result of its business activity.
    2. n the event that the Orderer shall be obliged to pay damages or administrative penalties in connection with this order due to the Contractor failing to comply with the regulations, the Contractor shall be held liable for damages to the Orderer in the amount equivalent to the amount that will be charged to the Orderer.
  10. Other Provisions
    1. In order to ensure the appropriate performance of the transport and the agreed rate of remuneration for freight, please observe primarily the point “Additional Comments to the Order
    2. The Contractor shall not have the right, without the prior written consent of the Orderer, to transfer any rights arising from the Agreement to any third parties, including the transfer of claims or disposal thereof in any other form
    3. In matters not regulated by this order, the generally applicable laws of the German law shall apply, in the case of:
      1. international transport, within the scope not regulated by the CMR Convention
      2. national transports or transports as part of which the loading and unloading are carried out in the same country (the socalled cabotage transport
    4. All disputes resulting from this order shall be settled by a court having factual and local jurisdiction over the Orderer's registered office, i.e., District Court Frankfurt (Oder) (Amtsgerichts Frankfurt (Oder)).
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