Within the meaning of this Rules a Customer is a person/party concluding a contract with the Freight Forwarder, ordering to the Freight Forwarder the performance of services or activities, or a person entering into the rights of that party.
The provisions of these Rules do not apply to the forwarding of money, securites, documents, jewelry and other valuables.
The Freight Forwarder's offer covers only that services which are explicitly listed therein and is valid only to the date specified for its acceptance.
Obstacles which are beyond the control of the Freight Forwarder or other party acting on his order (acts of governmental authorities, natural disasters, strikes etc. and other circumstances which can be regarded as force majeure) and which make it, fully or in part, impossible for the Freight Forwarder to fulfill his obligations, exempt him for the time of the duration of these obstacles from responsibility for the execution of the order. Notice of such obstacles should be given by the Freight Forwarder to the Customer without any delay. Should the obstacles last too long, the Freight Forwarder can withdraw from the contract, even if it has been partly executed. However, prior to the withdrawal, the Freight Forwarder is obliged to protect the goods and secure the interests of the Customer upon consulting him. In case of canceling the contract for the aforesaid reasons, the Freight Forwarder is entitled to reimbursement of expenses incurred in execution of the order and to appropriate part of remuneration for operations already performed. In case the parties refer to the quot;force majeurequot; then the interpretation of the force majeure of the International Chamber of Commerce in Paris (ICC 421) should be applied.
The Freight Forwarder is entitled to demand advance payment (e.g. freights, port charges, custom dues etc.) before execution of the order. The Freight Forwarder is also entitled to demand immediate reimbursement of expenses already incurred, before proceeding with further execution of the order.
Seizure, loss of the consignment due to force majeure, confiscation or other acts of government authorities shall not affect the claims of the Freight Forwarder against the Customer unless they have not resulted from the negligence of the Freight Forwarder.
Placing of an order with the Freight Forwarder on account of a third party does not exempt the Customer from the obligation to pay the amounts due in connection with the execution of the order.
The Freight Forwarder is obliged to check whether the amounts due to subcontractors for services connected with the execution of the order, have been calculated correctly. In case of any incorrectness the Freight Forwarder is obliged to lodge a claim without delay. The Customer is obliged to reimburse the Freight Forwarder his expenses connected with the claim.
The Freight Forwarder's liability depends on the scope of the contract concluded.
The Customer is solely entitled to submit to the Freight Forwarder a claim related to the forwarding services ordered.
In case when the Freight Forwarder subject to § 3 acquires the status of the carrier, any claims under the contract of carriage are subject to limitation of the provisions of domestic and international Law regulating the said issue.
The contracting Parties may arrange for that the claims resulted from the contracts of forwarding regulated by the present Rules shall be submitted for the jurisdiction of the Court of Arbitration accredited by the Polish International Freight Forwarders Association.
In the absence of a separate agreement between the Parties, all disputes arising from the forwarding contract to which the present Polish General Forwarding Rules apply, shall be settled:
In the absence of a different agreement between the parties, the Polish Law shall apply.