Venax.net Transport services terms and conditions of carriage.

Dear Customer, In connection with the services we provide to you and the carriage of goods, we make available the provisions which form the basis for accepting goods for carriage The following document is a condition of our service and must be strictly adhered to by you. If you do not comply with the terms and conditions of our service, you are obliged to cancel the service you have ordered and/or notify us to make arrangements by emailing biuro@venax.pl. 

GENERAL TERMS OF REFERENCE

Terms and conditions for the execution of transport orders by Venax Sp. z o.o.

I. General provisions

(1) These Rules define the principles on which the Contractor, hereinafter referred to as Venax sp. z o.o.  , undertakes to perform transport orders.(

(2) Venax shall perform transport on the basis of a contract concluded with the Ordering Party, including the one concluded in the tender mode.

II. Transport order and acceptance

(1) Whenever Venax receives an offer to conclude a contract of carriage, the acceptance of the offer may only take place on the basis of Venax's express response containing a declaration of acceptance. The application of the provision of Article 682 of the Civil Code is excluded.

(2) Failure to confirm acceptance of an offer to conclude a contract shall not result in Venax being charged with contractual penalties.

II. Transport order and acceptance

(1) Each time Venax expressly accepts an offer, it shall be deemed to have accepted the offer subject to any changes or additions to its content resulting from the provisions of the general terms of order applied by Venax .

(2) If within 30 minutes counted from the moment of receipt by the Ordering Party of Venax's express confirmation of acceptance of the offer, the Ordering Party does not object to the introduction of changes or additions to the content of the offer resulting from the general terms and conditions of order applied by Venax , the parties shall be bound by the agreement with the content specified in the offer amended or supplemented by the provisions of the general terms and conditions of order applied by Venax . If the Ordering Party objects to the amendments or additions to the content of the offer resulting from the general terms and conditions of order applied by Venax , the agreement shall be deemed not to have been concluded.

(3) In the event of doubt, the contract shall be deemed concluded upon receipt by the Principal of Venax's express declaration of acceptance of the offer.

(4) From the moment the parties are bound by the contract in accordance with the content of the offer as amended or supplemented by the general terms and conditions of order applied by Venax , the parties shall be obliged to exercise due diligence in performing the contract. From that moment on, the parties shall be liable for non-performance or undue performance of the obligation in accordance with general principles, subject to paragraph IV, item 1 of these general terms and conditions of order.

(5) In the event that the Ordering Party cancels the order on the day of loading the goods, the Ordering Party shall be obliged to pay to Venax a contractual penalty in the amount equivalent to 1/2 of the freight.

III. Order execution

(1) Venax may entrust a third party with the execution of an order, in particular when the lack of personal action is justified by the circumstances surrounding the order. Venax shall not be liable for the actions of a third party to whom it has entrusted the execution of an order, being entitled to such entrustment.

(2) In circumstances justifying a change in the manner of execution of the order, Venax may deviate from the manner of execution of the order indicated by the Principal without first obtaining the Principal's consent.

(3) The authorised entrustment of order fulfilment to a third party or an authorised change to the manner of order fulfilment may not cause Venax to be charged with contractual penalties, as well as to waive payment of remuneration, reduce the freight rate, and extend the payment deadline beyond the date indicated by Venax on the VAT invoice relating to the order.

(4) Venax shall perform the carriage within the deadlines indicated in the order. In the case of obstacles that are difficult to remove, Venax may deviate from the deadlines for carriage indicated in the order.

(5) Failure by Venax to meet the deadlines for carriage indicated in the order pursuant to clause 4 may not result in Venax being charged with contractual penalties, as well as withdrawal from payment of remuneration, reduction of the freight rate, and extension of the payment deadline beyond the deadline indicated by Venax on the VAT invoice relating to the order. Failure to confirm the order execution status shall not result in Venax being charged with contractual penalties, as well as withdrawal from payment of remuneration, reduction of the freight rate, as well as extension of the payment deadline beyond the deadline indicated by Venax on the VAT invoice relating to the order.

(6) Venax shall prepare transport documentation and deliver it to the Ordering Party within the time limit depending on the nature of a given order, including in particular the manner of its execution. Failure to deliver the freight documentation within the time limit specified in the wording of the order or in the contractual templates used by the Ordering Party may not result in Venax being charged with contractual penalties, as well as withdrawal from payment of remuneration, reduction of the freight rate, and extension of the payment deadline beyond the date indicated by Venax on the VAT invoice for the order.

(7) In the event of delivery of incomplete, erroneous or disorderly shipping documentation, Venax reserves the right to make a supplementary delivery. Venax shall not be liable for any contractual penalties or other charges due to the delivery of incomplete, erroneous or disorderly transport documents, including withdrawal from payment of remuneration, reduction of the agreed freight rate, as well as extension of the payment deadline beyond the deadline indicated by Venax on the VAT invoice relating to the order.

(8) The remuneration for the performance of a transport order shall be payable within a maximum period of 45 days, unless a shorter period is stipulated in the Customer's order from the date of Venax's performance of the service .

(9) Venax shall perform the information duties related to the execution of the transport order. In the event of circumstances hindering or preventing the fulfilment of the information duties, Venax may withdraw from the ongoing information of the Ordering Party on the course of the execution of the order.

(10) Venax's failure to fulfil its information obligation under the conditions set out in clause. 9 may not be considered as improper performance of the agreement and may not result in Venax being charged with contractual penalties, as well as withdrawal from payment of remuneration, reduction of the freight rate, and extension of the payment deadline beyond the date indicated by Venax on the VAT invoice concerning the order.

(11) Venax's fulfilment of the order shall take place without exchange of pallets (Gitterboxes, box pallets, Euro pallets and other containers) at the place of loading and unloading. Other conditions for the execution of the order may only be agreed upon with the express consent of Venax .

(12) Venax's fulfilment of the order shall take place without Venax being charged for handling costs related to transport. These general terms and conditions of order exclude the charging of Venax for such costs on any account.(

13)  Repealed.

(14) In the event that Venax was ready to execute the order, but suffers obstacles to its execution for reasons attributable to the Customer, in particular if the execution of the order is excluded due to the lack of goods at the agreed loading place, the Customer shall be obliged to pay to Venax a contractual penalty in the amount of ¾ of the agreed freight.

(15) In the event that during the execution of the order by Venax, for reasons for which Venax is responsible, the free stopping time referred to in section VI, item 1 of these general terms and conditions of the order is exceeded, the Customer shall be obliged to pay Venax a contractual penalty in the amount of EUR 50 for each commenced hour of stopping, starting from the first hour exceeding the free stopping time.

IV.Venax's liability

(1) Venax shall only be liable for damage caused to the Principal through intentional fault. The establishment of a contractual penalty for damage caused by non-performance or improper performance of the agreement for a reason other than Venax's wilful misconduct shall be excluded.

(2) The circumstance that Venax's act or omission from which the damage resulted constituted non-performance or undue performance of an obligation shall exclude the Principal's claims for compensation for damage under tort.

(3) Nothing in the contract concluded between Venax and the Principal shall override any exclusion or limitation of Venax's liability under these general terms and conditions of order or under generally applicable law.

(4) The amount of damages claimed from Venax shall not exceed the amount to which its liability is limited. The limit of Venax's liability shall be determined by the proven value of the damage suffered.

V. Jurisdiction of the Court

(1) The court with exclusive jurisdiction for disputes arising from contracts concluded in accordance with the procedure set out in these general terms and conditions of order shall be the court with jurisdiction over the place of Venax's registered office .

(2) Nothing in the contract concluded between Venax and the Principal shall waive the exclusive jurisdiction of the court referred to in para. 1.

(3) The provisions of the Principal's model contract regarding the jurisdiction of the court shall not apply to contracts concluded in accordance with the procedure set out in these general terms and conditions of order.

(4) The designation of an exclusively competent court in accordance with items. 1 - 3 shall not apply to the exclusive jurisdiction of the court resulting from generally applicable provisions of law.

VI. Final provisions

(1) The first 2 hours of downtime shall be deemed to be the idle time. In the case of forward deliveries ("term fix" clause), the first 2 hours of idle time shall be deemed to be the idle time.

(2) Venax does not accept the SKONTO option as a condition for order fulfilment. These general terms and conditions of order exclude the SKONTO option as a condition for order execution, except where Venax has expressly agreed to such a condition.

(3) Venax is registered with MiLoG and accepts and applies all rules arising therefrom.

(4) Venax reserves the right to supplementary damages in excess of the stipulated contractual penalties up to the amount of the actual damage suffered