English translation: This text is provided for convenience. Please consult the Polish version for the original wording of the transport order conditions.
Documents and payments
IMPORTANT! TRANSPORT DOCUMENTS!
Within 5 days after unloading, the Carrier must email legible scans of transport documents confirmed by the consignee and a preview of the transport invoice from KSeF (the Polish National e-Invoicing System) to:
dok.cmr@total-trans.pl
IMPORTANT: Include the transport order number in the email subject line. Send the documents and the invoice preview as two separate PDF files.
In reply, you will be informed whether the original documents must also be sent by post or whether emailed scans are sufficient.
CORRESPONDENCE ADDRESS: Total Trans S.C., Chałupy 20, 76-024 Chałupy, Poland
PLEASE DO NOT SEND ANY DOCUMENTS BY POST UNTIL YOU ARE ASKED TO DO SO!
PAYMENT ENQUIRIES: dok.cmr@total-trans.pl or tel. +48 534 810 788
INVOICE PAYMENT TERM: 60 DAYS FROM RECEIPT OF DOCUMENTS BY EMAIL OR BY POST (IF YOU HAVE BEEN INSTRUCTED TO SEND THE ORIGINALS).
PAYMENT TERM FOR DEBIT NOTES: 60 DAYS.
ATTENTION! If the CMR issued at loading shows a delivery address different from that specified in the order, confirm this with the forwarding agent. THE CHANGE OF ADDRESS MUST BE APPROVED BY THE ORDERING PARTY, TOTAL TRANS.
Detailed transport order conditions
These order conditions form an integral part of the contract. By commencing performance, the party accepting the order agrees to apply all of them. A transport order may only be accepted without reservations and subject to all the stated conditions. Failure by the Carrier to reject the order within 30 minutes of its transmission by fax or email shall be deemed acceptance of the order on its stated terms. Any rejection must be emailed to the address from which the Carrier received the order.
From the moment an order is accepted, the Carrier is bound by customer neutrality and customer protection obligations towards both the consignor and the consignee. All matters relating to the order, except as otherwise provided in these conditions, must be addressed exclusively to the Ordering Party. If, within 24 months of acceptance of this order, the Carrier attempts to contact the consignor or consignee to establish cooperation, makes commercial offers or enters into cooperation with either party in any legal form, the Ordering Party may charge a contractual penalty of PLN 50,000.00 for each identified breach.
The Ordering Party reserves the right to modify the order without giving reasons. In particular, the Ordering Party may cancel the order at any time before the goods are loaded onto the vehicle, including where no goods are available, without incurring any costs. If the transport route is changed, the Ordering Party reserves the right to unilaterally amend the freight rate. The Carrier may not refuse to perform the service along the amended route.
The Carrier is prohibited from using subcontractors to perform the carriage contract and, at any stage of carriage, from transshipping or adding goods to the load without the Ordering Party's written consent, failing which such consent shall be invalid. If subcontractors are used, the Carrier is strictly liable for their actions as for its own.
The Carrier declares that it complies with all European minimum-wage regulations, in particular the German Minimum Wage Act of 11 August 2014 (Mindestlohngesetz), the French Loi Macron and Decree No. 2016-418 of 7 April 2016, the Austrian Anti-Wage and Social Dumping Act (LSD-BG), Norwegian rules on the working environment and posted workers, Italian Decree No. 136/2016, and the Dutch WAGW EU Act. The Carrier authorizes the Ordering Party to verify this declaration, including by requesting relevant information and documents.
The driver carrying out the order on behalf of the Carrier must have an active mobile telephone at all times. Before the service commences, the Carrier must provide the Ordering Party with the driver's full name and mobile telephone number.
By accepting the order, the Carrier confirms that it holds all permits, concessions, licences and other authorizations required by law to perform the service and that it maintains valid third-party liability and carrier's liability insurance (OC and OCP) throughout the order. Relevant documents must be presented at the Ordering Party's request. The freight price does not include cargo insurance. If any claim arises concerning service quality, including delays, shortages, damage or destruction of goods, payment of freight will be made after the disputed matters are resolved, including completion of claims settlement by the Carrier's insurer and satisfaction of the claims of the Ordering Party or the party entitled to receive insurance compensation, whichever occurs first. The Carrier must report damage to its insurer and provide the claim notification to the Ordering Party, failing which a contractual penalty equal to twice the freight amount may be charged.
The Carrier must observe the deadlines in the contract, particularly loading and unloading times. Unless an exact loading time is specified, the vehicle must be presented by 12:00 noon on the contractual loading date; unless an exact unloading time is specified, it must be presented by 07:00 on the contractual unloading date. The first two working days of waiting after timely arrival for loading or unloading do not entitle the Carrier to additional remuneration. Any claim for further vehicle waiting time must be supported by a waiting-time record completed and stamped by the consignor or consignee. The applicable remuneration is PLN 10 for each subsequent hour.
The Carrier must immediately notify the Ordering Party of any problem in performing the order by calling the telephone number stated in the order, and in any event no later than 30 minutes after the problem arises. Otherwise, the Carrier loses the right to rely on those circumstances at a later stage.
The vehicle provided by the Carrier must be in very good technical condition, dry, clean and free from foreign odours, and legally and technically suitable for carrying the specified goods. It must have sufficient equipment to secure the load correctly. Any doubts about vehicle requirements must be clarified by the Carrier before the vehicle is presented; otherwise, the Carrier is deemed to have been fully aware of those requirements.
The Carrier must supervise loading and immediately raise written reservations concerning the completeness and condition of the cargo, its packaging, loading method and placement. Any such reservations, with reasons, must be entered on all copies of the consignment note before carriage begins, and the Ordering Party must be informed immediately. Loading without reservations constitutes acknowledgment that the goods are undamaged, properly loaded and consistent with the consignor's description. The driver must ensure proper distribution of cargo in the vehicle so that it will not be damaged, regardless of the packaging supplied by the consignor. The Carrier is fully responsible for securing the shipment during carriage. From completion of loading until unloading and delivery to the consignee, the Carrier bears full strict liability for the cargo.
The driver may leave a loaded vehicle only when it is parked in a guarded car park or on premises that are fenced, closed, illuminated at night and under 24-hour supervision with controlled entry and exit.
Immediately after unloading, the Carrier must inform the Ordering Party by electronic means (email or text message) that the vehicle has been unloaded.
In the event of damage, the Carrier must formally document the condition of the consignment and the circumstances of the loss, including photographs, and send the full documentation to the Ordering Party. This must include the driver's statement describing the circumstances, causes and extent of the damage, the driver's licence, a temperature recorder printout for refrigerated carriage, the vehicle registration document and any other documents the Ordering Party considers necessary to establish the circumstances of the damage. Failure to comply entitles the Ordering Party to charge a contractual penalty equal to twice the freight amount. The Carrier must also actively cooperate with the Ordering Party to clarify the circumstances, causes and extent of the loss and to safeguard the Ordering Party's claims.
For late presentation of the vehicle for loading or unloading, the Ordering Party may charge the Carrier a contractual penalty equal to 10% of the agreed freight rate for each commenced hour of delay. This is without prejudice to the right to compensation for late performance of the transport service.
If the Carrier fails to present a vehicle for loading or announces after conclusion of the contract that carriage cannot be performed, the Ordering Party may charge a contractual penalty equal to twice the agreed freight rate. Presenting a vehicle that is unsuitable for proper performance of the order is treated in the same way as failing to present a vehicle. The Ordering Party may also impose the above penalties if it withdraws from the contract.
Where the Carrier breaches the contract by using subcontractors, transshipping or adding goods without the Ordering Party's written consent, failing to present a vehicle, announcing after conclusion of the contract that carriage cannot be performed, or presenting a vehicle late for loading or unloading, the Ordering Party may withdraw from the contract without first calling on the Carrier to perform. Withdrawal may be made within five working days of the Ordering Party learning of the circumstances justifying withdrawal. Upon withdrawal, the Ordering Party may charge the Carrier a contractual penalty equal to twice the freight amount.
The Carrier must send copies of the documents by fax or scans by email to the Ordering Party within five days of completing the order. For each day of delay, the freight rate may be reduced by 10% and the payment term extended to 90 days. The Carrier must deliver a full set of original, properly completed transport documents to the Ordering Party's address within seven days of completing the order. For each day of delay, the same 10% freight reduction and extension of payment to 90 days may apply. The unloading date must be recorded on the transport documents.
The Carrier's remuneration is payable within 60 days after receipt of a correctly issued invoice, a confirmed consignment note (CMR), supporting documents (WZ or packing list) entered in box 5 of the CMR, and a photocopy of the EX document where applicable. The payment period runs from the Ordering Party's receipt of the invoice and the complete, properly filled-out documentation AT THE EMAIL ADDRESS GIVEN ABOVE, OR IN CERTAIN CASES FROM RECEIPT OF THE ORIGINAL DOCUMENTS.
The Ordering Party is registered for VAT and authorizes the Carrier to issue VAT invoices without the Ordering Party's signature. In accordance with Article 83(1)(3)(1a) of the Polish VAT Act as cited in the Polish wording, a 0% VAT rate applies to qualifying international transport from Poland to the United Kingdom OR from the United Kingdom to Poland (transport involving customs clearance).
SETTLEMENT FOR INTERNATIONAL TRANSPORT: WHERE FREIGHT IS AGREED IN EURO, THE CARRIER MUST STATE THE REMUNERATION ON THE INVOICE IN TWO CURRENCIES: EUR AND PLN, USING THE AVERAGE NATIONAL BANK OF POLAND (NBP) EURO EXCHANGE RATE APPLICABLE ON THE DAY BEFORE UNLOADING. THE ORDERING PARTY MAY CHOOSE THE CURRENCY IN WHICH TO PAY THE FREIGHT TO THE CARRIER (AND MAY PAY THE NET AMOUNT IN ONE CURRENCY AND VAT IN THE OTHER).
As the Ordering Party may select the currency in which the freight is paid, the Carrier must provide both a PLN account and a EUR account on the invoice. If only one account is provided, the freight will be paid to that account regardless of its currency, and the Ordering Party shall not be liable for any currency conversion or bank fees, which will be borne exclusively by the Carrier.
The Carrier may assign a receivable arising from the order only with the Ordering Party's written consent; otherwise, the assignment shall be invalid.
If, in any case for which the contract provides a contractual penalty, the Ordering Party suffers damage exceeding that penalty, it may seek compensation for the excess under general legal rules. By accepting the order, the Carrier declares that it considers the stated penalties acceptable and waives any objection seeking their judicial reduction.
Any disputes arising from this contract shall be resolved by the ordinary court having territorial jurisdiction over the Ordering Party.
Issue the invoice to:
TOTAL TRANS s.c.
Agata Majcher Marcin Majcher
Konikowo 122, 76-024 Świeszyno, Poland
NIP: 669-25-19-246, REGON: 321375527.
Send the invoice to:
TOTAL TRANS s.c.
Agata Majcher Marcin Majcher
Chałupy 20, 76-024 CHAŁUPY, Poland
GDPR information
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, effective from 25 May 2018, the Ordering Party processes the personal data of contracting companies, drivers, vehicles, documentation and correspondence in its database. Please consult the Polish wording and our privacy policy for details.
Contact: +48 668 303 766 / +48 733 255 555
24-hour hotline: +48 668 303 766
Email: biuro@total-trans.pl
Details of how we process personal data submitted through our contact form are in our privacy policy.