PETRA TRANS Kft. GENERAL TERMS AND CONDITIONS OF CONTRACT

PETRA TRANS Trading and Transportation Limited Liability Company (Cg.13-09-097339, registered office: 2700 Cegléd, Kossuth L. u. 86., tax number: 13188519-2-13) sets forth the general terms and conditions (hereinafter referred to as the GTC) for freight orders as follows.

These freight terms and conditions shall apply to all contracts concluded between the Client as an entrepreneur and our Company as a freight forwarder and which are considered to be freight under Hungarian law. Furthermore, these general terms and conditions shall also apply to the performance of contracts concluded between our Company as an agent and the Subcontractor.

The purpose of these GTC is to fully regulate all general elements of the contractual relationship between PETRA TRANS Kft., as a freight forwarder, and legal entities or clients without legal personality using the services provided by the freight forwarder. The Client acknowledges and accepts that by accepting the offer given by PETRA TRANS Kft. and the GTC, a freight forwarder relationship is established between him and the freight forwarder in accordance with the conditions specified in the freight forwarding contract and the general terms and conditions. These GTC also cover the legal relationship between PETRA TRANS Kft., as a freight forwarder, and its subcontractor. Accordingly, these GTC constitute an inseparable annex to the freight forwarding contract.

Based on the freight forwarding contract, the Freight Forwarder is obliged to conclude contracts related to the forwarding of a consignment in its own name, for the benefit of the Client, and to make legal declarations related to this, and the Client is obliged to pay a fee. Our Company's offer is only valid upon acceptance. No transportation contract is concluded if our Company does not make a written acceptance statement in response to the Client's offer with the same content as the offer.

The Parties recognize that what is communicated via email is an official communication between them. Our Company's silence or abstention from something is considered a legal statement only with respect to a given transaction and only based on the parties' prior agreement.

The Client, the Subcontractor and our Company are obliged to cooperate during the contract negotiations, at the conclusion of the contract, during its existence and during its termination and to inform each other of the essential circumstances affecting the contract. The customs of the profession and the customs previously established between the parties only become part of the contract if the parties have expressly agreed to this.

Confidentiality obligation: The parties may share any information or business secrets that they have come to know about each other in connection with the performance of the contract only with the insurer, authorities, or with regard to legal obligations without the written permission of the other party.

Additional provisions concerning the Client:

The transport order (acceptance) must be given in writing. The Client must immediately confirm an order given orally by telephone in writing. The Client is liable for any consequences arising from failure to do so. The order must contain the data and all information necessary for the performance of the transport contract in a complete and accurate manner. The consequences arising from an incomplete or inaccurate order are the responsibility of the Client.

If the Client modifies the transport order in such a way that our Company cannot perform it, our Company may withdraw from the performance of the contract or terminate it and demand reimbursement of the costs incurred and remuneration. In the event of a change in the order made by the Client after the order for transportation has been placed, our Company shall be entitled to a lump sum of EUR 150 additional administrative costs.

Our Company is not obliged to check the authenticity, correctness, accuracy or conditions of the data provided by the Client. During the performance of the assignment, our Company must represent the Client's interests. Representing the Client's interests does not include any action or refraining from action by which our Company would cause damage, costs or other disadvantage to itself. Our Company is obliged to follow the Client's instructions, but must draw the Client's attention to their unprofessionalism. The Client shall bear the consequences of inappropriate, unprofessional, incomplete, incorrect or delayed instructions. If the Client maintains the instructions despite the warning, our Company may withdraw from the contract or terminate the contract or perform the task according to the Client's instructions, at the Client's risk, after providing security. The consequences of the time elapsed in relation to the provision of security shall be borne by the Client. Our Company must refuse to execute the instruction if its execution would lead to a violation of the law or an official decision, or would endanger the person or property of others. The Client is obliged to reimburse or, at the request of our Company, advance the costs incurred in connection with the execution of the instruction in due time.

Our Company may deviate from the Client's instruction if the Client's interest - based on the information available to our Company - requires it without any doubt, and it is no longer possible to notify the Client in advance. In such a case, the Client must be notified without delay.

 

The subcontracting order (acceptance) must be given in writing. The Parties are obliged to confirm the order given verbally or by telephone immediately in writing. The agreed freight rate includes all costs incurred during the transportation.

The Subcontractor's general terms and conditions do not apply if the Subcontractor performs subcontracting activities for our Company.

Payment terms:

- Please indicate the transport order number sent on the order on the invoice in all cases.

- Payment deadline is 60 days from receipt of the invoice.

- On the day of loading, at the MNB foreign exchange middle exchange rate, in HUF currency.

If the subcontractor does not act as agreed or as expected during the transport order and thereby violates the provisions of the transport contract and these GTC, our Company will pass on all damage caused to the Client by the Subcontractor to the subcontractor.

The Subcontractor is obliged to provide the invoice and the transport documents to our Company by post (2700 Cegléd, Kossuth L. u. 86.) immediately after the performance, but no later than within 5 working days, in order for our Company to be able to prove the performance of the order to the Client within the deadline and to issue the invoice within the deadline in accordance with the relevant legislation. If the Subcontractor does not comply with this within the deadline, an amount of EUR 10 per day may be deducted from the transport fee.

The Subcontractor is obliged to immediately notify our Company during the entire transport if the road vehicle transporting the shipment is replaced or the shipment is transferred to another vehicle, or if the quantity of goods specified in the order changes. If the Subcontractor breaches this obligation and a fine is imposed on our Company or the Client, the Subcontractor is obliged to reimburse this amount.

In the event of late performance by the Subcontractor, our Company is entitled to enforce the claim for penalty/delay/damage compensation filed by the Client against our Company against the Subcontractor. In the event of late performance by the Subcontractor exceeding this, our Company is entitled to a daily penalty of EUR 100.

Cancellation: in the event of cancellation/termination within 24 hours prior to loading after the legal relationship between the Subcontractor and our Company (e.g. acceptance/confirmation of an order), our Company is entitled to a penalty equal to the freight rate specified in the freight order in addition to the claim for actual and verifiable damage.

The Subcontractor is obliged to carry out the transport task with a clean, intact loading surface, a mobile phone, spanifers and edge protectors necessary for securing the goods, and a truck with valid CMR insurance. The Subcontractor is obliged to check the receipt of the goods, the packaging of the goods, the quantity of goods stated on the documents and the quantity actually loaded. Our Company must be notified immediately of any discrepancies. Unauthorized reloading of the shipment is prohibited. The Subcontractor and the driver are responsible and obliged to answer for all consequences arising from axle and excess weight. The Subcontractor may only transfer the transport task if our Company has given its prior consent.