This English translation is provided for convenience. The Polish version is legally binding.

Terms of service for transport services

§1. General provisions

1. These terms of service (hereinafter: the "Terms") set out the rules for the provision of road freight transport services by Express Trucks Sp. z o.o., with its registered office at: ul. Rubinowa 5, 62-081 Baranowo, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0000702838, NIP 7891769213, REGON 368701938 (hereinafter: the "Carrier").
2. The Carrier's operational base in Poland: ul. Leśna 10, 62-300 Września; base in Ireland: Parkstown, Ballivor, Co. Meath, Ireland. Express Trucks Sp. z o.o. is part of the SpeedPack group.
3. Services are provided exclusively to entrepreneurs within the meaning of Article 43¹ of the Polish Civil Code (a B2B relationship). The Terms do not apply to consumers; the Carrier does not address its offer to natural persons not conducting business activity.
4. Placing an order constitutes acceptance of the Terms in the wording in force on the date the order is placed.
5. Contact: kontakt@expresstrucks.pl, tel. +48 660 534 291 (sales), +48 795 429 430 (transport / dispatch). The current address for service of correspondence is the same as the address of the registered office.

§2. Definitions

The terms used in the Terms have the following meanings:

1. Customer — an entrepreneur concluding a contract of carriage with the Carrier (the party ordering the service);
2. Sender — the entity from which the shipment is collected; Consignee — the entity to which the shipment is delivered. The Customer may at the same time be the Sender or the Consignee;
3. Shipment — the goods accepted for carriage under a single order (pallets, windows and doors on pallets, furniture, part loads and full truck loads);
4. Transport document / CMR consignment note — the document confirming acceptance of the shipment for carriage and its terms;
5. Scheduled line-haul departure — the Carrier's recurring, weekly service on the Poland ⇄ Ireland route to which orders are assigned;
6. Price list — the schedule of prices for standard services published at expresstrucks.pl/en/cennik/;
7. Customer account — the individual company panel available at konto.expresstrucks.pl;
8. CMR Convention — the Convention on the Contract for the International Carriage of Goods by Road (CMR), done at Geneva on 19 May 1956;
9. Business days — Monday to Friday, excluding public holidays in Poland.

§3. Scope and area of services

1. The Carrier provides international road freight transport services on the Poland ⇄ Ireland and Poland ⇄ Northern Ireland routes, in particular: pallet shipments, windows and doors on pallets, furniture, part loads (LTL) and full truck loads (FTL), as well as return loads (Ireland → Poland).
2. Transport is carried out on weekly scheduled line-haul departures, using the Carrier's own vehicles or with the involvement of subcontractors acting on its behalf, including companies of the SpeedPack group. Entrusting carriage to a subcontractor does not release the Carrier from its liability towards the Customer.
3. International carriage is performed on the basis of the CMR Convention. In matters not regulated by the CMR Convention, the Act of 15 November 1984 — Transport Law and the Civil Code apply.
4. The Carrier's vehicles are equipped with tail-lifts; the service does not include carrying the goods inside the building or assembly, unless agreed otherwise.

§4. Orders and conclusion of the contract

1. Orders are placed via the online form on expresstrucks.pl, in the Customer account, by email or by telephone.
2. Placing an order means submitting it for verification and is not equivalent to accepting it for fulfilment. The contract of carriage is concluded when the Carrier confirms acceptance of the order (e.g. by email) or when the Carrier actually collects the shipment.
3. The Carrier may refuse to accept an order for organisational or operational reasons, or where the order concerns goods excluded from carriage, informing the Customer thereof.
4. The Customer is obliged to provide complete and true information, including the actual contents, weight, number and dimensions of the shipment as well as the details of the Sender and the Consignee. A discrepancy between the actual and the declared data may result in a price correction in accordance with the Price list, a delay or a refusal of carriage.
5. The Carrier records the content of the concluded contract and the order confirmation and makes them available to the Customer in the Customer account or on request.

§5. Prices and price list

1. Prices are given in Polish zloty (PLN) as gross prices — they include VAT at the rate of 23% (domestic transport service for a domestic taxpayer). For services subject to a different tax regime, the rate resulting from the applicable regulations applies.
2. The price list published on the website is for information purposes and applies to standard shipments falling within the parameters specified in it (weight, dimensions, zone). Non-standard, oversized loads, loads requiring special conditions, or full truck load (FTL) carriage are priced individually.
3. The price may include surcharges indicated when placing the order (including for the delivery zone, tail-lift, dimensions, declaration of value / extended insurance). All surcharges are shown in the summary before the order is confirmed.
4. Companies using a Customer account may receive a discount on the terms presented in the panel (currently −10% on transport). Discounts of different kinds may be combined on the terms specified in the panel.
5. The Carrier may change the Price list; the change does not affect the prices of orders accepted for fulfilment before it comes into force.

§6. Payments and invoices

1. A VAT invoice is issued for every order. The invoice is made available in electronic form, to which the Customer consents by placing an order.
2. Payment is made by bank transfer to the bank account indicated in the order confirmation and on the invoice, by the date indicated on the invoice. By default, fulfilment of the order begins after the payment has been credited, unless the parties have agreed on a different arrangement (e.g. deferred payment terms for ongoing cooperation).
3. The date of payment is deemed to be the date on which the Carrier's bank account is credited.
4. In the event of a payment delay, the Carrier may charge statutory interest for delay in commercial transactions and pursue compensation for debt recovery costs under the Act of 8 March 2013 on Counteracting Excessive Delays in Commercial Transactions.
5. In the case of ongoing cooperation, the parties may agree on individual payment terms, credit limits and discounts in a separate agreement.

§7. Changing and cancelling an order

1. Given the B2B nature of the services, the right of withdrawal available to consumers does not apply.
2. The Customer may change or cancel an order until its fulfilment begins (including assignment to a scheduled line-haul departure or dispatch of a vehicle for collection). A change after that point is possible only to the extent of the Carrier's operational capacity.
3. Cancellation of an order that has already begun (e.g. after the vehicle has arrived or the shipment has been collected) may result in the Customer being charged the actual, documented costs incurred by the Carrier (including travel, waiting time, return of the shipment).
4. The Carrier may withdraw from fulfilment of an order if, after its acceptance, it turns out that the shipment concerns goods excluded from carriage, that the data was untrue, or that carriage would endanger safety — informing the Customer thereof.

§8. Obligations of the Customer

1. The Customer shall provide packaging and securing of the goods appropriate to their properties and to road transport on a pallet or loose (including film wrap, straps, corner protectors, stabilisation, marking of fragile goods). Shipments on pallets should be firmly fixed to the pallet.
2. Windows, doors and other fragile goods must be secured in a manner that takes into account their sensitivity to shocks and pressure (rigid frames, edge protectors, protection of glass panes). A lack of adequate securing may be grounds for excluding the Carrier's liability for damage (Article 17(4)(b) CMR).
3. The Customer shall ensure the possibility of loading and unloading at the agreed place and time and the presence of a person authorised to release or receive the shipment.
4. The Customer is responsible for the correctness and completeness of the documents accompanying the shipment (including commercial invoices, customs and import documents for carriage to/from Northern Ireland). The Carrier is not liable for the consequences of the absence or defectiveness of these documents.
5. The Customer is liable towards the Carrier for damage resulting from providing untrue shipment data, defective packaging or dispatching goods excluded from carriage (Articles 7, 10 and 11 CMR).

§9. Goods excluded from carriage

1. The following, in particular, are excluded from carriage: dangerous goods (ADR) without prior written arrangement, explosive, flammable and radioactive materials, weapons and ammunition, live animals, human remains and bodily remains, monetary valuables, securities, precious metals and stones, works of art of significant value, excise goods (including tobacco products and alcohol) without the required documents and markings, medicines and psychoactive substances subject to regulation, perishable goods requiring controlled temperature (refrigerated trailer) without arrangement, as well as any goods the possession or carriage of which is prohibited by law.
2. Acceptance for carriage of the goods listed above requires prior, express agreement of the terms with the Carrier. Otherwise, the Carrier may refuse to accept the shipment and, if such goods are discovered during carriage, suspend the carriage at the Customer's cost and risk.

§10. Collection, delivery and deadlines

1. Collection and delivery dates are indicative and result from the schedule of line-haul departures (expresstrucks.pl/en/terminy-wyjazdow/). The Carrier informs the Customer of the planned date and the arrival time slot by email or SMS.
2. The Consignee or a person authorised by them confirms receipt of the shipment. Any reservations as to the condition or completeness of the shipment must be noted in the transport document in the presence of the driver at the time of release.
3. In the event of the Consignee's absence, the inability to unload or other obstacles on the part of the Customer/Consignee, a repeated delivery attempt, storage or return of the shipment may be subject to an additional charge in accordance with the Price list.
4. Exceeding the planned date does not constitute a delay within the meaning of Article 19 CMR if no binding delivery deadline has been agreed. Liability for documented damage caused by delay is governed by Article 23(5) and Article 27 CMR.

§11. Undeliverable shipments and returns

1. A shipment which cannot be delivered for reasons beyond the Carrier's control (including an incorrect address, refusal of receipt, absence of the consignee) is treated as undeliverable. The Carrier promptly contacts the Customer to obtain instructions.
2. Until instructions are obtained, the Carrier may store the shipment; the costs of storage and any return are borne by the Customer in accordance with the Price list or an individual quotation.
3. In matters not regulated herein, Articles 14–16 of the CMR Convention concerning obstacles to carriage and delivery apply.

§12. Liability of the Carrier

1. The Carrier's liability in international transport is governed by the CMR Convention. Compensation for the total or partial loss of the goods and for their damage is limited to the equivalent of 8.33 SDR (IMF Special Drawing Rights units) per kilogram of gross weight short (Article 23 CMR), unless the value of the goods or a special interest in delivery has been declared and an appropriate surcharge has been agreed (Articles 24 and 26 CMR).
2. The Carrier holds carrier's civil liability insurance (OCP) with a sum insured of €200,000.
3. The Carrier is not liable for damage resulting from the circumstances set out in Article 17(2)–(4) CMR, in particular: an inherent defect of the goods, the natural properties of the goods, insufficient or defective packaging made by the Sender, loading operations carried out by the Sender/Consignee, the absence or inadequacy of markings, as well as the fault or instructions of the party entitled.
4. The Carrier is not liable for lost profits, indirect damage, contractual penalties towards third parties or other consequential damage of the Customer, within the limits permitted by the CMR Convention.

§13. Insurance and declaration of value

1. The Carrier's standard liability is limited to the cap resulting from the CMR Convention (§12(1)). For shipments whose value exceeds this cap, it is recommended to use a declaration of value or extended (cargo) insurance.
2. A declaration of the shipment's value and extended insurance are available in the order form for a surcharge presented when placing the order. The terms and scope of cover are determined by the relevant policy or the insurer's general terms and conditions of insurance.
3. Express Trucks Sp. z o.o. is neither an insurer nor an insurance broker; extended insurance is an ancillary service to the transport service.

§14. Complaints

1. Complaints should be submitted to kontakt@expresstrucks.pl, stating the order number, a description and extent of the damage, and documentation (photographs, a damage report, the CMR transport document, proof of the value of the goods).
2. Visible loss or damage must be reported to the Carrier on collection (a note in the transport document). Non-visible loss or damage must be reported within 7 days of delivery, excluding public holidays (Article 30(1) CMR). A complaint concerning delay must be reported within 21 days from the date on which the goods were placed at the Consignee's disposal (Article 30(3) CMR).
3. The Carrier considers a complaint within 30 days of receiving the complete documentation. The absence of any reservations on collection gives rise to a presumption that the shipment was released in a condition consistent with the transport document (Article 30(1) CMR).
4. Claims under a contract of carriage subject to the CMR Convention become time-barred after 1 year and, in the case of wilful misconduct or default considered equivalent to wilful misconduct, after 3 years (Article 32 CMR).

§15. Force majeure

1. The Carrier is not liable for the non-performance or improper performance of the service to the extent that it was caused by force majeure, i.e. an external, extraordinary event that could not be prevented (including natural disasters, extreme weather conditions, closures of roads or ferry crossings, strikes, actions of authorities, states of emergency, infrastructure failures).
2. The Carrier informs the Customer of the occurrence of force majeure and its impact on the performance of the service without undue delay. Fulfilment deadlines are then postponed accordingly.

§16. Right of lien and retention

1. To secure claims arising from the contract of carriage (carriage charges, additional fees, storage costs and other amounts due), the Carrier has a statutory right of lien over the shipment for as long as it remains with the Carrier or a person acting on its behalf (Article 57 of the Transport Law, Article 790 of the Civil Code).
2. The Carrier may withhold the release of the shipment until the amounts due are settled, unless mandatory provisions of law provide otherwise.

§17. Personal data and confidentiality

1. The rules for the processing of personal data are set out in the Privacy policy available on expresstrucks.pl.
2. The parties undertake to keep confidential the commercial information of the other party obtained in connection with the performance of the contract, excluding information that is publicly available or whose disclosure is required by law.

§18. Final provisions

1. In matters not regulated by the Terms, Polish law applies, taking into account the mandatory provisions of the CMR Convention and the provisions of the Transport Law.
2. Disputes arising from contracts covered by the Terms shall be resolved by the court having jurisdiction over the Carrier's registered office, subject to Article 31 of the CMR Convention determining jurisdiction in international carriage.
3. If any provision of the Terms proves to be invalid or ineffective, the remaining provisions remain in force, and the invalid provision is replaced by the provision closest to its economic purpose.
4. The Carrier may amend the Terms for important reasons (including a change in regulations, the scope of services, the price list or operational conditions). Orders placed before an amendment are governed by the Terms in the wording as at the date the order was placed. The current version of the Terms is published at expresstrucks.pl/en/regulamin/.