Internal terms and conditions for freight forwarding and transportation of Albatros spol s.r.o.

Article 1 Introductory regulations

1. The purpose of these internal terms and conditions for freight forwarding and transportation (henceforth: „terms and conditions“) of Albatros spol. s.r.o. Mliečany, registered at the Trnava district court under number 1868/T, ID 31443222 (henceforth: „Albatros“) is to define the rights and obligations of Albatros and its customers when concluding trade agreements.

2. In the business relationship with the customer, Albatros acts as follows:

a/ confirmation of orders and provision of offers within the requirements for certain transports

b/ as an applicant for transportation

3. The customer is an applicant for transportation or a recipient of shipping orders.

4. The internal terms and conditions contain the regulations for road transport and freight forwarding activities in connection with the provision of the transportation of goods in containers in combined transport. The transportation is essentially performed according to the parliament’s agreements within the Convention on the Contract for the International Carriage of Goods by
Road (CMR) and the EU Directive 2002/15 EG, as well as according to these internal terms and conditions of transportation in accordance with other applicable legal regulations.

Article 2, Scope of road freight transport and insurance

1. Albatros offers national transport and international freight transport within the EU and performs these exclusively as container transportation.

2. In legal and business relationships, Albatros acts as a freight forwarder and carrier.

3. The company’s own vehicles as well as the contractual partners‘ transport capacities in rail, maritime and air transport constitute the fleet’s technical basis to exercise business relations.

4. Albatros has a liability insurance for international transportation and is liable for damages according to article 23, section CMR convention.

Article 3, Orders and offers

1. Orders are the contractual partners‘ drafts of the transportation of goods and the implementation of such transports.

2. Orders can be placed in writing, by e-mail or fax and have to be confirmed in writing.

3. The contractual partner is responsible for the accuracy and completeness of his/her data. This applies to orders as well as to instructions before and during transportation.

4. Based on the order, Albatros will draw up an offer referring to the documents received.

5. By confirming the offer, the contractual partner enters into a business relationship with Albatros. Confirming the offer means accepting the internal terms and conditions.

6. Orders must contain the following details:

a/ Export:
Customer, date, order code, sort/container number, collection date, place/depot of collection, reference number for collection, loading date, loading place, contents/ weight of goods, seal number, place of acceptance, date of handover, place of delivery / terminal, recipient/shipowner, ship, destination port, destination, reference number for the delivery, other comments and instructions

b/ Import:
Customer, date, order code, date, sort/container number, collection date, place/terminal of collection, reference number for collection, seal number, customs status, date of customs clearance, collection date, place of delivery, reference number for the delivery, other comments and instructions

7. The price offer must contain:

a/ Export:
Customer, date, type of container, collection date, place/depot of collection, date and place of loading, contents and weight of goods, place of acceptance, delivery date, place/terminal of delivery, EX/T1, additional services and other notes, additional instructions

b/ Import:
Customer, date, type of container, collection date, place/terminal of collection, place of acceptance, loading date, loading place, delivery date, place/depot of delivery, EX/T1, additional services and other notes, additional instructions

8. Orders and offers may optionally also contain other special requirements of both contractual partners.

9. The contractual relationship obliges the parties to haul the delivery from the dispatch location to its destination, with the applicant undertaking to bear the transportation costs. In the event of unforeseen circumstances, the price will be increased by the expenses incurred.

Article 4, Terms of payment

1. Payments for the performed services are to be made according to the issued invoice within the term of payment defined in the offer.
2. The term of payment begins with the issue date of the invoice.

3. In the event of a failure to pay invoices within the term of payment, the issuing party is entitled to a contractual penalty equal to 0.05 % for each day of delay.

Article 5, Changes to orders for the transportation of goods

1. Until the consignment is handed over to the recipient, the contractual partner can subsequently notify the freight forwarder that:

a/ the consignment should be sent back to the sending address

b/ the consignment should be halted during transportation for a certain time

c/ the consignment should be hauled to another destination.

2. In the event of any requested changes, Albatros is entitled to reimbursement of the costs in connection with the change order.

3. Albatros can refuse to perform additional instructions, postpone them or implement them in a different way if:

a/ the instruction cannot be performed at the time of being given

b/ its implementation would violate generally binding legal regulations or endanger the health of the persons responsible

c/ the additional costs have not been paid or their payment is not ensured.

Article 6, Loading, transportation and unloading of the consignment

1. Loading the consignment

a/ When taking over the consignment, the driver is obliged to check the packaging for any damages and to enter such damages into the CMR document.
b/ ?????????

a/ The driver is obliged to adhere to all regulations according to AETT.

b/ The driver is not allowed to use any agents which influence appliances installed in the vehicle. c/ In case of an overload of the vehicle, the applicant is obliged to bear all additional costs for the overload.
/ At physical checks of the goods during customs clearance, the opening and closing of the containers is documented.

The contractual partner is not entitled to claim damages if Albatros proves based on documents that it did not cause the damages.

3. Consignment handover is the delivery of the consignment to the end customer. This is confirmed by a signature on the CMR document upon receipt of the consignment.

The extent of damages to the goods is calculated by means of the value declared on the transport invoice. If an entire consignment or a part thereof is lost during transportation, the driver is fully responsible for this loss.

The driver is not responsible if he proves that he was not able to avert the damage.

4. The consignment is considered lost if it has not been delivered to the recipient until at least 30 days after dispatch.

Article 7, Applicable substantive law

1. The contractual relationship as well as the resulting rights and obligations are subject to Slovak law. This applies to national and international transportation.

Article 8, Final provisions

1. The business partners treat any information on the respective other party which emerges from the commercial contract and of which they gain knowledge during its implementation as confidential and confirm that they will not disclose any information to third parties without written consent of the other party. The confidentiality obligation between the contractual partners is also effective after the end of the business relationship.

2. The business partner acknowledges that internal terms and conditions and their updates on the official website of are regarded as delivered to the business partner at the date of publication.

Article 9, Settlement of disputes

1. If possible, differences of opinion between the business partners will be settled consensually.

2. If an agreement is not possible, disputes will be settled in an arbitration procedure with only one arbitrator at the Permanent Arbitration Court in Bratislava, which, according to procedural law, is responsible for the legal dispute.

The parties undertake to comply with the decision of the Arbitration Court within the stated period.

Article 10, Validity and effectiveness of the internal terms and conditions for transportation

These internal terms and conditions for delivery come into effect on December 10, 2014.Ing. Ivan Uher, Managing Director