conditions – Panorama Logistics

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PANORAMA LOGISTICS

ABOUT US

Rzetelna firma
News
In figures

COOPERATION

For Carriers
Warehousing
CAREER

CONTACT

Panorama Stoczek Łukowski
Panorama Warsaw
Accounting

more than .

Conditions of the transport order

Each order is a transport order according to the CMR Convention and transport law in domestic transport. The carrier is obliged to fulfill all its obligations as a carrier and to secure the rights of „Panorama Logistics sp. Z o.o.”, ordering the transport as well as the sender and recipient. Any negligence of the carrier will be treated as negligence in the sense of the CMR Convention
a) These provisions apply to all further carriers to whom the carrier entrusts transport with the consent of „Panorama Logistics sp. Z o.o.”. Panorama does not bear any responsibility for further carriers entrusted with transport by the carrier without the consent of „Panorama Logistics sp. Z o.o.”. The carrier has no right to transfer orders to further carriers without the consent of „Panorama Logistics sp. Z o.o.”. In the case of transferring an order or cargo without the consent of „Panorama Logistics sp. Z o.o.” for further carriers, the carrier will be charged of a contractual penalty in the amount of 100% of the freight.
b) The carrier performing the ordered transport is obliged to send within 72 hours scans of transport documents to the e-mail invoice@panorama-log.com and the original documents to the address of the company’s registered office within 14 working days. If there is no carrier’s stamp in the transport documents, the carrier is obliged to send a scan of the registration document of the vehicle that performed the transport, otherwise the invoice is blocked until the matter is clarified.
c) if the original documents are not delivered by post (letter) within 110 days from the day of unloading, Panorama Logistics is obliged to charge the carrier in the amount of 100% of the freight
No written cancellation within 30 minutes after sending by Panorama Logistics Sp. z o.o. an order to the carrier to the e-mail address or fax number provided by him means that the order has been accepted by the carrier for execution on the agreed terms.

The carrier guarantees that he has all the licenses and permits required by law, necessary for the proper performance of the transport, as well as appropriate and efficient means of transport.
The carrier is obliged to fulfill its obligations under the CMR Convention, transport law and the contract with the ordering party, and in particular the proper completion of consignment notes and documents.
The carrier must have a current and paid Carrier’s Liability Insurance in the amount of EUR 250,000 or the equivalent of EUR 250,000 in a different currency on the day of accepting the order. The carrier undertakes that his policy does not exclude the type of goods and the country being the subject of this order.
The vehicle (truck and/or trailer) performing the transport service must be technically efficient, clean, have valid technical examinations, civil liability insurance and other necessary documents required by the applicable provisions of Polish and EU law. The vehicle carrying out the order must be equipped with belts (at least 16 pieces), non-slip mats, corners for the belts. The cargo area must be tight, dry, clean inside and free from odors.
Refusal to load the goods due to the wrong vehicle or a vehicle that does not meet the above-mentioned standards is only charged to the carrier.
The carrier assumes jointly and severally all obligations incumbent on „Panorama Logistics sp. Z o.o.” for the accepted transport order.
The carrier will perform the transport in accordance with the law and international agreements, appropriate means of transport according to the order
The carrier guarantees that the drivers performing the order are legally employed on the basis of an employment contract, have been selected with due diligence, will be subject to supervision, have undergone vocational training, have a valid driving license, relevant experience in driving and a certificate of training necessary to perform transport – for which the carrier is fully responsible

The carrier bears all responsibility for the condition of the means of transport, employment of drivers and payment of their due remuneration. In particular, salary payments in the EU countries where the transport will be performed. The carrier hereby releases Panorama Logistics Sp. z o.o., as well as senders and recipients from liability and possible financial penalties for failure to pay remuneration to their drivers in EU countries.
a) The carrier is obliged to comply with all social regulations, including drivers’ working hours and rest periods
b) The carrier is obliged to ensure adequate remuneration for its employees
The driver will always have with him all the necessary documents for transport, in particular current technical tests and insurance of means of transport, as well as driver tests and tachograph legalization, and also a driving license with appropriate permissions.
The driver is responsible for the proper securing of the goods on the vehicle. Taking over the goods by the driver means that the cargo has been accepted intact, without damage, in the amount confirmed by the documents accompanying the transport.
The driver is obliged to:
a) have a mobile phone turned on all the time in order to contact him directly,
b) comply with internal regulations at the places of loading and unloading the goods,
c) behave culturally, do not drink alcohol or take other intoxicants, be clean, tidy and polite towards other people.
d) load and/or unload the goods using the equipment entrusted to them. Self-loading and self-unloading is included in the freight cost.
Acceptance by the carrier of a shipment other than that specified in the order is at the sole cost and risk of the carrier. It is assumed that such shipments were not covered by the transport order.
All loading, unloading and reloading of goods other than those ordered and transported on the same means of transport may be carried out only with the consent of „Panorama Logistics sp. Z o.o.”. Any change of the place of unloading requires the written consent of „Panorama Logistics sp. Z o.o.”. For each violation of this prohibition and the lack of consent from „Panorama Logistics sp. Z o.o.” The carrier will pay a contractual penalty of 100% of the freight.
At the moment of loading, the carrier assumes the risk and costs incurred along the route as a result of improper distribution of the load and exceeding the axle load.
The transport order may be canceled by „Panorama Logistics sp. Z o.o.” before the date and time of loading under the conditions:
a) an order canceled more than 12 hours before the date and time of loading without any financial consequences in the form of compensation.
b) the order is canceled within 12 hours for the payment of 10% of the agreed freight, which is a contractual penalty, but not more than 280 €. The payment deadline is 55 days from the date of receipt of a properly issued note or invoice. The carrier is not entitled to demand increased compensation or redress.
c) cancellation fee, if the carrier’s vehicle is at the place of loading, is 30% of the agreed freight, but not more than 320 €. The payment deadline is 55 days from the date of receipt of a properly issued credit note.
In the event that the carrier does not provide a means of transport for loading within the specified time, the provision of an inappropriate or disabled vehicle, untimely performance of the transport service or cancellation of the accepted order within less than 24 hours before the date and time of loading „Panorama Logistics sp. z o.o.” has the right to commission a substitute performance of the transport service to another carrier. „Panorama Logistics sp. z o.o.” will charge the carrier with the amount of 100% of the Freight specified in the order.
All parking should take place only in designated areas and in guarded car parks. A vehicle may be parked in unguarded car parks only if the driver does not leave it or lose sight of the vehicle and the load. „Panorama Logistics sp. Z o.o.”, the sender or the recipient has the right to disable the possibility of parking in unguarded parking lots.
The carrier has no right without the consent of „Panorama Logistics sp. Z o.o.” hand over shipments to further carriers, or change the means of transport.
In the case of entrusting the transport by the carrier to a further carrier, with the consent of „Panorama Logistics sp. Z o.o.”, the carrier is obliged to provide „Panorama Logistics sp. Z o.o.” his exact contact and registration details, provide documents such as insurance, licenses, registration documents, phone number for the driver and other information required by „Panorama Logistics sp. z o.o.”. The carrier bears full joint and several liability for such a futher carrier. In the event of failure to do so, „Panorama Logistics sp. Z o.o.” has the right to charge a contractual penalty in the amount of 100% of the freight.
The carrier is obliged to calculate his freight taking into account the transit time and the time of compulsory stops according to the shortest route.
Loading time up to 24 hours and unloading time up to 24 hours from the delivery of the truck, downtime resulting from drivers’ working time (compulsory stops), downtime resulting from a traffic jam, blockade or an accident on the motorway, downtime resulting from holidays in particular European Union and non-EU countries – are free of any fees, freight, compensation or contractual penalties for the carrier (free time). This time is due to the risk of performing transport services. For any downtime over free time, „Panorama Logistics sp. Z o.o.” will pay the carrier a contractual penalty of the equivalent of EUR 12 for each full hour of parking. Downtime covered by a contractual penalty must be absolutely confirmed in the stoppage card by the sender or recipient (shipper or unloader), provided that the right to a contractual penalty is lost. Contractual penalties cannot exceed the amount of EUR 220 / day (limit of the contractual penalty amount)
In the event of delay in transport, damage or loss of the shipment, the carrier is obliged to immediately notify „Panorama Logistics sp. Z o.o.” of the above. and strictly fulfill their obligations under the CMR Convention and transport law and secure the rights of „Panorama Logistics sp. z o.o.” as well as the sender and recipient. In particular, the carrier is obliged to participate in all reports and inspections. The carrier will present in writing „Panorama Logistics sp. Z o.o.” the circumstances in which the shipment was delayed or damaged or lost.
The carrier is fully responsible for any delay, damage or loss of the shipment from the time of loading. „Panorama Logistics sp. Z o.o.” informs the carrier that the shipment has a special interest in delivery due to the cooperation of „Panorama Logistics sp. z o.o.” with his client and ensuring the client’s business continuity.
In the event of a breakdown of the agreed vehicle during the transport, the carrier is obliged to provide an appropriate replacement means of transport.
Any fines or penalties imposed on the carrier shall only be charged to him and may not in any way be transferred to „Panorama Logistics sp. Z o.o.” the sender or the recipient.
The date of performance (completion) of the transport service is the day of delivery to 'Panorama Logistics sp. Z o.o. ” correctly issued invoice with all transport documentation confirming (issuing) the receipt of goods by the Recipient (including 2 CMR letters, stop cards, WZ document, other documents necessary for the ordered transport, e.g. a pallet receipt, etc.). Documents must be legible. After providing the documentation, „Panorama Logistics” will check the correctness of the transport in accordance with the order within 14 days. After this date, the transport is considered to be carried out in accordance with the order. All complaints are considered to be the performance of the service contrary to the order and improperly.
If the contractor fails to perform the exchange of pallets agreed with the freight forwarder, or fails to deliver the pallet receipt (Paki-voucher, Interpal or the original document „DPL-Schein”) agreed with the client’s freight forwarder, Panorama Logistics Sp. z o. o. will charge the contractor:
• 25€/pcs. Euro pallets;
• 12€/pc Dusseldorfer pallet.
If you have not previously/above provided information on Euro freight conversion, please note the following: For transport orders where the freight is expressed in EUR, there is an obligation to issue an invoice in EUR. The value of VAT expressed in a foreign currency should be converted into PLN according to the average exchange rate of the National Bank of Poland on the business day preceding the unloading day, confirmed by an entry in field no. 24 of the CMR document with the exchange rate table. Failure to do so authorizes „Panorama Logistics sp. Z o.o.” to unilaterally adopt the rate according to the table.
The payment deadline (agreed with the forwarder) is counted from the date of delivery of the original transport documents, provided that the services have been properly performed, in accordance with the order. Payments are made twice a month: on the 10th and 25th of each month, i.e
a) for the due date falling after the 10th day of the month, the payment is made on the 25th day of the month and is considered to be made on time
b) for the due date falling after the 25th day of the month, the payment is made on the 10th day of the following month and is considered to be made on tim
It is allowed to pay for an invoice issued in EUR by making a transfer in PLN at the average exchange rate of the National Bank of Poland on the day preceding the day of the service (Art. 358 par. 2 of the Civil Code in connection with Art. 353 prim of the Civil Code).
The date of payment is the day when the bank account of „Panorama Logistics sp. Z o.o.” is debited.
The carrier who caused the damage bears the burden of compensation, in accordance with Article 37 of the CMR Convention, transport law and the Civil Code. „Panorama Logistics sp. Z o.o.” has the right to recourse against the guilty carrier.
The carrier is not entitled to retain the shipment
Pursuant to Art. 509 of the Civil Code the right to assign (transfer) any claims of the carrier resulting from the ordered transport without the consent of „Panorama Logistics sp. z o.o.”.
The parties are obliged to observe mutual trade secrets, the provisions of the GDPR and not to engage in any acts of unfair competition.
The parties agree in particular that the carrier will not take any actions of unfair competition described in the Act on Combating Unfair Competition of April 16, 1993 „Panorama Logistics sp. Z o.o.” informs that the details of the person ordering the transport, the sender’s details, the recipient’s details, the shipment’s details and the prices used are covered by the trade secret of „Panorama Logistics sp. z o.o.”. For breach of the above secret or taking unfair competition activities (according to Art. 2 of the Act on Combating Unfair Competition) „Panorama Logistics sp. Z o.o.” will charge the carrier a contractual penalty in the amount of PLN 500,000 due to the importance for „Panorama Logistics sp. z o.o.” his clients and services, as well as an additional 10,000 euros for each order accepted as a result of unfair competition from the client „Panorama Logistics sp. z o.o.”. „Panorama Logistics sp. Z o.o.” may demand damages in excess of the contractual penalty on general terms.
The transport contract under these conditions may be concluded in writing (written order, contract, fax, etc.), by means of electronic communication (e.g. e-mail, SMS, freight exchanges, etc.), as well as by phone.
Przyjmuje się w razie wątpliwości, że osoby prowadzące rokowania w zakresie zlecenia, zlecające i przyjmujące zlecenie (np. spedytorzy i pracownicy obu stron) są umocowane do zawarcia wiążącej umowy transportu na niniejszych warunkach i posiadają w tym zakresie stosowne umocowanie. Kto zawarł umowę bez umocowania sam jest zobowiązany do naprawienia szkody drugiej stronie, którą druga strona poniosła przez to, że zawarła umowę nie wiedząc o braku umocowania lub o przekroczeniu jego zakresu.
Commencing the performance of transport means concluding a contract on these terms by actual acts.
All disputes will be settled by the court having local jurisdiction for the headquarters of „Panorama Logistics sp. Z o.o.”

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