General Terms and Conditions / GTC / of MO Slovakia s.r.o.

Art. I.

Subject:

1. General terms and conditions (hereinafter referred to as “GTC”) of MO Slovakia s.r.o. are issued with the aim of clarifying the rights and obligations of the participants from the contract for the transportation of goods concluded pursuant to Act no. 513/1991 Coll., (hereinafter referred to as the “Commercial Code”) as amended, or from the contract of carriage concluded pursuant to the Convention on the Contract of Carriage in International Road Freight Transport (hereinafter referred to as the “CMR Convention”), published in the Collection of Documents as decree no. 11/1975 Coll. as amended.
2. GTC are an integral part of the contract for the carriage of goods and the contract of carriage (further on in the text, the contract for the carriage of goods and the carriage contract will be referred to only as “contract of carriage” or “contract of carriage”) and regulate the relations established between the sender and the carrier in a binding manner when transporting goods.
3. Different contractual arrangements in the transport contract take precedence over the provisions in these General Terms and Conditions

Art. II.
Basic terms:

1. Names and definitions of basic and derived terms used in road transport and transport are interpreted according to the following Slovak technical standards:

• STN 01 8500 Basic nomenclature in transport
• STN 01 8521 Nomenclature of road transport and transportation
• STN 77 0000 Nomenclature of packaging technology
• STN 26 0002 Material handling
• STN 26 9004 Handling units

2. For international road freight transport, the basic terms specified in the CMR Convention shall be used.
3. For the purposes of establishing a contractual relationship through the transport contract and GTC, the term customer (transport) means the legal entity listed in the header of the transport contract, i.e. MO Slovakia s.r.o., Ľudové námestie 4/488, 831 03 Bratislava, ID: 35 852 933.
4. For the purposes of a contractual relationship through a transport contract, the term carrier is understood as a legal or natural person – an entrepreneur who carries out the transport of goods for the customer in accordance with the transport contract, which includes these General Terms and Conditions of Trade.
5. The carrier, as part of the contractual relationship established by the transport contract, guarantees to the customer that he has all authorizations, permits, licenses, etc. necessary to carry out national or international road freight transport and that the transport will be provided only by persons qualified for this activity.
6. The transport contract is concluded if:

– the carrier unreservedly confirms and signs the draft transport contract and sends it by fax or e-mail to the sender no later than on the day of delivery of the draft transport contract. In the case of confirmation of the draft transport contract by e-mail, the carrier includes the following text in the confirmation: “I confirm receipt and agree with the wording of the transport contract no. …”. Such confirmation will be sent by the carrier to the e-mail address of the sender forwarding@moslovakia.sk no later than on the day of delivery of the draft transport contract.

– the carrier does not confirm the draft of the transport contract in writing, but confirms the execution of the transport by phone or SMS message and brings the vehicle to the loading point in accordance with the draft of the transport contract. This will be notified by the carrier to the sender’s phone number listed in the draft transport contract.

7. If the carrier has confirmed the draft of the transport contract, but with written reservations, additions, restrictions or other changes, this proposal is a rejection of the original proposal and is considered a new draft of the transport contract directed from the carrier to the customer. A transport contract will only be concluded with the customer’s unreserved confirmation of the new proposal.
8. The provisions of the Commercial Code apply to the creation, change, cancellation, validity, unless it is a transport contract governed by the provisions of the CMR Convention.
9. The relevant provisions of Slovak legal standards apply to relations not regulated by the CMR Convention.

Art. III.

Obligations of the carrier during the transport process:

1. The carrier is obliged to enter the driver’s name, phone number in the transport contract. the contact of the driver and the registration number of the means of transport, or to inform the customer of this information in writing or by telephone before the start of loading.
2. The carrier is obliged to inform the customer (by SMS message or by phone) about the start of loading and about all deviations from the conditions specified in the transport contract immediately after bringing the means of transport to the place of loading.
3. During the transport, the carrier is obliged to inform the customer about the actual progress of the transport and any deviations from the conditions agreed in the transport contract, but at least after loading/unloading and once during the transport process, in the form specified in point 2, art. III.
4. At the request of the customer, the carrier is obliged to inform the customer at any time about the progress of the transport.
5. The carrier is obliged to equip the means of transport with a monitoring device or other means of communication that are also active abroad.
6. As part of the transport contract, the carrier is obliged to receive more detailed instructions from the customer regarding the method, type and route of transport and the destination of the recipient of the goods.
7. The carrier undertakes that during the international transport of goods, at the place of dispatch (loading), all copies of the CMR waybill will record data in accordance with Art. 6 and 26 of the CMR Convention specified in the transport contract.
8. The carrier undertakes to act with professional care when carrying out its activities for the customer, to comply with all legal regulations in force in the territory of the states in which transport is carried out on the basis of this contract, including regulations on the minimum wage for employees or other similar regulations. The carrier is fully liable to the customer for any damage caused to the customer by breach of the carrier’s obligations according to the previous sentence, as well as for any sanctions or fines applied or imposed on the customer due to the breach of the carrier’s obligations according to the previous sentence.
9. The carrier undertakes to comply with the following instructions for unloading goods at places without an obvious company seat (buildings, unmarked warehouses, open spaces, etc.) From the point of view of safe delivery of goods to the customer, or to the place of destination, the carrier is obliged to observe the following procedure when delivering goods and accompanying documents:
10. accurate information from the customer:

• the contact person at unloading must be specified in the order from the customer:

name, position, phone number + other requirements for unloading

• in the event that the specified person is not at the unloading, the customer must designate another person in writing, the goods must not be unloaded without written consent to issue the goods to a substitute person !!!!

2. instructions for the driver:

• the driver (representative of the carrier) is obliged to contact the specified person at the place of unloading

in the order and hand over the goods only to this designated person

• acceptance of the goods will be confirmed by this person on the CMR document, where he will state the following information:

name in block letters, your position in the company, OP number, signature, date and time of receipt

goods

• if the designated person is not present, the driver immediately informs

the customer and he designates a replacement person to receive the goods, he may not release the goods to another person without written consent!!!

• the driver is obliged to check all confirmed documents after unloading

10. Without the above-mentioned data on the documents, the transport will not be considered completed, i.e. the shipment will be considered incomplete and will not be reimbursed. The carrier is responsible for any discrepancies in delivery and claims for non-delivery.

Art. IV.

Technical conditions:

1. The carrier is obliged to bring to the place of loading a suitable means of transport, with a clean loading area, with equipment suitable for the agreed type of transported goods (e.g. means for securing the load, etc.), according to the specifications stated in the transport contract.
2. If the subject of transport will be dangerous substances, the means of transport must be equipped as specified in the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) as amended. When transporting perishable goods, the means of transport must meet the conditions set out in the Agreement on the International Transport of Perishable Foods and on Specialized Means of Transport (ATP) as amended.
3. The means of transport must be technically suitable for driving on land roads in accordance with the Act on Traffic on Land Roads as amended and equipped in accordance with the Decree on Vehicle Traffic Conditions on Land Roads as amended and must be suitable for driving on land roads and equipped accessories in the sense of the legal standards governing the movement of vehicles on land roads of the relevant state, on the territory of which the transport takes place.

4 If, for various reasons, the carrier cannot bring the agreed means of transport to the place of loading at the agreed time, it is obliged to notify the customer of this fact without delay.

5. If an event occurs during the transfer of the means of transport to the agreed place of loading, which causes non-compliance with the agreed loading date, the carrier is obliged to immediately inform the customer of this fact and of the reasons for the non-compliance, due to which it was not possible to bring the means of transport to the place of loading on time.
6. The carrier and any third parties present or participating in the transport carried out for the customer are prohibited from any handling of the consignments during transport (i.e. from the end of loading the means of transport to the start of unloading at the recipient) without the prior consent of the customer. The above does not apply if the shipment is already in such a condition that it threatens the health, life, or property of road users, or there is an immediate threat of damage to the shipment. The information obligation of the carrier towards the customer is not affected by this. The above does not apply if the means of transport is loaded at several loading points without the shipment being delivered to the recipient in the meantime. In such a case, the carrier is only permitted to handle the shipment in a way that rationalizes the storage of the shipment on the means of transport on which it was originally loaded, while the carrier must do so and take care that the handling of the shipment does not damage or destroy it.
7. During the provision of services under the concluded transport contract, the carrier shall ensure that its employees, representatives and subcontractors comply with the safety rules specified by the customer. If the carrier violates these safety rules, it will be fully responsible for any damage to property, health, and life caused to the customer, the carrier, or third parties.
8. The customer is entitled to set off against the sums to which the carrier is entitled, the amount of damages incurred by the customer in accordance with Art. IV. para. 7. Credit is possible up to the amount of damage specified in the damage report or in the customer’s separate invoice delivered to the carrier. The carrier expressly agrees to such offsetting of receivables.
9. Each driver of a means of transport hired by the carrier must, upon entering the premises of the consignor, customer or. the recipient of the shipment to sign, upon request, a declaration of compliance with the security rules to the extent presented to him. By signing such a declaration, the driver of the carrier confirms that he was familiar with the required safety rules, understood them and will comply with them
10. In the case of shipments with the obligation to seal:

• Product acceptance and inspection

All full incoming and outgoing trucks must be sealed by responsible personnel using numbered, recorded metal seals. The seal number must be verified and indicated in the accompanying documents.

• In the event that the security seal was broken by an authorized person (eg border customs officers), there must be a corresponding record describing the reason for removing the seal. A replacement of the numbered seal must be made and this information must be recorded in the shipping documents.
• During deliveries, the identity of the drivers will be checked together with the documentation (for example, whether the correct name of the driver is given in the accompanying documents, whether he is the same person as the photo in the OP, etc.) If there is evidence of inappropriate transport practices or handling of goods, then the latter may be rejected and returned or will await inspection by the consignee’s responsible officer
• The one who performs a quality assessment in order to determine the potential impact of a breach of the seal on the quality of the product (Example: prohibited materials in the transport, previous use of the vehicle to transport a prohibited substance, location of the current shipment and risk of contamination, inappropriate temperature regulation, broken, illegible, or missing seals, or if the number of the seal does not match the number given in the transport documents)

11. Prevention of “neutralization of CMR” or transshipment:

• If the sender requests the neutralization or transshipment of the goods during transport, the carrier is obliged to issue and sign the following statement:
• “Declaration of the carrier or driver”

I declare that I have received transport instructions from my employer or the person ordering the transport, which are fully in accordance with the contents of the CMR consignment note signed by me, number ……………

I have not received any instructions, and I am not aware of any facts that would indicate that the shipment should not be carried out exactly according to this CMR consignment note.

I am aware that the loaded goods are the property of the sender (unless otherwise stated) and he is the only one authorized to change the instructions for carrying out the transport, exclusively through the customer. I undertake to carry out the transport myself, without transferring or changing the driver, according to the customer’s instructions stated in the CMR waybill, and I will refuse any instruction to change the route or place of unloading and report it to: forwarding@moslovakia.sk

During the transport, I will park in the safe parking lots listed on the IRU website. I am also aware that by stating a falsehood in this declaration, unloading at a place other than that indicated in the CMR bill of lading, or by handing it over to another entity than the recipient stated in the CMR bill of lading, I may become complicit in the crime of Fraud according to § 221 , Embezzlement according to § 213 of the Criminal Code, or a tax or other offense.

Art. V.

Economic conditions:

1. The price for transportation for each individual transportation is determined by agreement in accordance with the Act on Prices as amended and is specified in the transportation contract; if the price has not been agreed upon, then the price for transportation is the usual price at the time of concluding the transportation contract. Value added tax in the legal amount is added to the price.
2. The carrier will invoice the shipping and any other costs to the sender at the address specified in the shipping contract no later than 10 days from the date of completion of the shipping process. The tax document must contain data in accordance with the Value Added Tax Act and the Commercial Code in the current versions and must include the transport registration number.
3. Payment for the completed transport will be made by the customer on the basis of a tax document, which is an integral part of the following documents:

• confirmed original receipt of the shipment by the recipient (delivery note, CMR, vehicle operation record)
• in the case of transportation of goods under customs supervision, delivery confirmation (TC 11) and transit customs declaration if they were issued by the sender
• other required documents specified in the transport contract

4. The tax document is payable within the period specified in the transport contract. The due date begins on the date of registration of the tax document in the customer’s accounting records.
5. On the basis of these General Terms and Conditions of the customer, the carrier freely and seriously expresses its agreement that its invoice issued to the customer will be due within 75 days of its entry in the customer’s accounting records, while the carrier also declares that the contractual parties have expressly agreed and that the due date of the carrier’s invoices agreed in this way is in no way grossly disproportionate to the rights and obligations arising from the obligation relationship for the carrier.
6. The invoice issued by the carrier must contain the details of the tax document in accordance with Act No. 222/2004 Coll. on value added tax as amended.
7. The customer is entitled to return the invoice to the carrier for errors in the content of the invoice, errors in the content of mandatory attachments, missing mandatory attachments. He will immediately notify the carrier, who will carry out the repair, of these deficiencies. The due date of the invoice is extended by the period from the sending of the incorrect invoice for correction to the carrier until the corrected invoice is registered in the customer’s accounting records.
8. The invoice is considered paid by debiting the paid amount from the customer’s bank account.
9. The carrier is obliged to inform the customer before concluding the transport contract whether on the day of concluding the transport contract he was listed or published on the list of persons maintained by the Financial Directorate of the Slovak Republic on the portal of the Financial Administration of the Slovak Republic pursuant to § 69 par. 14 letters b) Act no. 222/2004 Coll. on value added tax or whether there are no reasons for cancellation of registration on the part of the carrier according to § 81 par. 4 letters b) Act no. 222/2004 Coll. on value added tax. This obligation to inform the customer about the mentioned facts continues throughout the entire duration of the contractual relationship. In the event that the carrier is added to the list of persons maintained by the Financial Directorate of the Slovak Republic on the portal of the Financial Administration of the Slovak Republic pursuant to § 69 par. 14 letters b) Act no. 222/2004 Coll. on value added tax or any reasons arise on the part of the carrier for cancellation of registration according to Act no. 222/2004 Coll. about value added tax, the carrier is obliged to inform the customer of these facts in writing without delay. In the event of a breach of this obligation of the carrier towards the customer or in the case of the carrier providing false information regarding the aforementioned facts, the customer is entitled to demand compensation from the carrier for the damage caused to the customer in connection with the origination of the responsibility of the customer to guarantee the tax stated on the invoice according to § 69 par. 14 of Act no. 222/2004 Coll. on value added tax, if this was not paid by the carrier, including tax paid based on the decision of the carrier’s tax authority. If the carrier will be published on the list of persons maintained by the Financial Directorate of the Slovak Republic on the portal of the Financial Administration of the Slovak Republic pursuant to § 69 par. 14 letters b) Act no. 222/2004 Coll. on value added tax, the sender is entitled to immediately unilaterally withdraw from the contract with effect from the date of notification of withdrawal from the contract to the carrier.
10. The carrier, which is the payer of value added tax, shall specify in the transport contract and on the invoices issued according to these GTC and the transport contract for the payment of performance the bank account that the tax administrator has published in accordance with Act no. 222/2004 Coll. on VAT value added tax (hereinafter referred to as the “VAT Act”) on the website of the Financial Directorate (hereinafter referred to as the “Notified Account”).

11. If the carrier indicates a different bank account than the Notified account in the contract of carriage or on the invoice, the customer is entitled to transfer the payment to any Notified account of the Carrier. Remittance of payment to any Notified account (i.e. an account different from the account indicated on the invoice) is considered by the contracting parties to be a proper remittance of performance under the contract of carriage.
12. If the carrier does not have a Notified account properly published on the website of the financial directorate in accordance with the VAT Act, the customer is entitled to deduct the amount of value added tax from each invoiced payment for the taxable performance and remit it on behalf of the carrier to the relevant tax authority, thereby will prevent liability for tax.
13. After remittance of the value added tax to the relevant tax authority in accordance with point 9, the remittance of the taxable performance without the relevant value added tax (i.e. only the tax base) by the contracting parties is considered proper payment according to this transport contract (i.e. the tax base and the amount of value added tax) and the carrier is not entitled to demand interest for delay, penalties, damages or other sanctions from the customer, even if such or similar sanctions are imposed on the carrier by the tax authority.
14. In the event of a change to the Notified account, the carrier is obliged to immediately inform the customer of this fact in writing via email to the customer’s contact person.

Art. VI.

Conditions in customs procedure:

1. The carrier is liable to the customer for damages that arise in the event that the goods escape customs supervision and, for the aforementioned reason, the customer will be obliged by the decision of the customs authorities to pay a fine or a customs debt.
2. The carrier is obliged to always deliver transported goods that are under customs supervision to the customs office of destination, which is indicated in the customs documents, and to request a confirmation of its delivery according to the customer’s instructions.
3. The carrier is obliged to take measures so that during the transport there is no violation of the customs seal, or removal of the goods from customs supervision, which would result in the origination of punitive liability of the customer, or the origination of the obligation to pay customs debt.
4. Customs authorities are entitled to inspect trucks and request the collection of samples from the cargo.

In this case, the carrier is obliged to comply with the following:

1. If the customs authorities request a sample of the goods, they must issue a confirmation that they are taking this sample and explain for what purpose
2. If the seal is broken and a new one must be used, this must be stated in the CMR.
3. The driver must have a spare seal so that he can place it instead of the damaged one

Art. VII.

Other conditions:

1. The transporter must meet the condition of professional competence and financial reliability and, based on the permission of the administrative authority, have a valid authorization to do business in road transport.
2. The carrier is obliged to have its liability as a carrier in road freight transport insured in accordance with the Act on Road Transport as amended in min. height:

• during international transport according to Article 23 of the CMR Convention
• for domestic transport:

-16,600 Euros (vehicles up to 3.5t payload)

– 99,600 Euros (vehicles over 3.5t payload)

3. In the case of the transport of dangerous substances, the carrier must be able to carry them out, must have a valid certificate of completion of training on the transport of ADR substances and must have the relevant equipment in the means of transport.
4. The carrier is obliged to comply with the relevant provisions of the Personal Data Protection Act as amended and to take the measures imposed by this act.
5. The customer is entitled to demand from the carrier the documents listed in Art. VII point 1, 2, 3, 4 and the carrier is obliged to provide them.
6. The carrier is not entitled to transfer the transport to another carrier without the written consent of the MoD of Slovakia.
7. Transportation must not be published and offered on auction portals (RAAL, TIMOCOM, etc.) In case of violation of these conditions, the carrier may be subject to a penalty up to the amount of the transportation fee.
8. If the actions of the carrier/supplier result in the loss of a customer, MO Slovakia may claim damages in the amount of lost profit against the carrier/supplier.
9. In order for the carrier to perform transportation for the customer, it must be included in the list of approved suppliers of the customer. In order to be included in this list, the carrier must submit the following documents to the customer:

• Concession document
• Extract from the commercial/trade register
• A copy of the insurance contract with proof of premium payment for the current period
• Questionnaire of the carrier
• Complete contact and billing information
• List of managers and drivers of the company
• List of vehicles and their license plates
• Reference document

In case of any changes in the mentioned documents, the carrier is obliged to report this change to the customer.

Art. VIII.

Liability, damages, claims

1. The carrier is responsible for the complete or partial loss of the shipment, or for its damage, from the moment of acceptance of the shipment for transportation until the moment of its release to the designated person, as well as for non-compliance with the delivery deadline. The carrier is obliged to compensate the damage for complete or partial loss of the shipment, damage or other way of deterioration of the shipment. If an authorized person (customer, consignor, recipient) claims compensation for the resulting damage from the carrier, the carrier agrees to transfer such claim to a third party (e.g. insurance company). The carrier cannot invoke, in an attempt to get rid of his responsibility, the defects of the vehicle used for transportation, nor the fault or negligence of the person from whom he hired the vehicle or his representatives or employees.
2. Circumstances excluding the responsibility of both the carrier and the customer for breach of contractual obligations are considered to be obstacles that meet all the characteristics listed in the relevant provisions of the Commercial Code as amended or in the relevant provisions of the CMR Convention as amended. The existence of an obstacle precluding liability must be proven by the party invoking the obstacle.
3. If the carrier accepts damaged, incomplete or destroyed goods for transport, the documents accompanying the goods must be accompanied by a “Damage Record”, or the carrier’s reservation regarding the condition of the goods during loading must be stated in the transport documents. Otherwise, it is considered that the goods were damaged or lost during transportation.
4. The carrier is obliged to report the damage to the goods that is imminent or has already occurred to the customer immediately after learning about it.

The carrier notes the reservation:

• in domestic transport to all copies of the consignment note (transport record)

5. If the carrier does not fulfill its obligations stated in the contract of carriage or in the General Terms and Conditions (with the exception of Article IV. points 4, 5 and Article VI. point 1 of these General Terms and Conditions), in the event that the customer asserts his claim, he is obliged to reimburse the customer contractual penalty up to the amount of the shipping fee. The customer’s claim to payment of incurred costs and damages that arose due to the breach of the carrier’s obligations is not affected by this. The carrier agrees to assign the receivables incurred in this way, or their parts, to a third party (e.g. an insurance company).
6. If the carrier does not fulfill its obligation specified in art. IV. in point 4, 5 and in Art. VI. in point 1 of these GTC, in the event that the customer asserts his claim, he is obliged to pay the customer a contractual fine of up to EUR 1,500. The customer’s claim to payment of incurred costs and damages that arose due to the breach of the carrier’s obligations is not affected by this. The carrier agrees to assign the receivables incurred in this way, or their parts, to a third party (e.g. an insurance company).

• in international transport to the CMR waybill rubric no. 18 (in the English version, rubric no. 14); enter the text or numerical designation of the reservation in this section according to the IRU instructions issued in the CMR/TIR Check-list.

7. If the carrier does not fulfill its obligation specified in art. III. point 7 of these GTC, in the event that the customer asserts his claim from this violation, he is obliged to pay the customer a contractual penalty up to the amount of special interest on delivery specified in the transport contract. The customer’s claim to payment of incurred costs and damages that arose due to the breach of the carrier’s obligations is not affected by this. The carrier agrees to assign the receivables incurred in this way, or their parts, to a third party (e.g. an insurance company).

Alternatively, disputes arising from the transport contract, which cannot be resolved by an out-of-court agreement between the contracting parties, will be submitted for decision by the authorized party:

• for international transport to the competent court according to Article 31 of the CMR Convention
• in the case of domestic transport, the materially and locally competent court according to the Code of Civil Procedure and other applicable regulations governing the exercise of a claim in court.

General Terms and Conditions enter into force and effect on 1 December 2005

Updated as of 5/10/2023