General Terms Condition

The general terms and conditions for storage and reloading

ČD-DUSS Terminal, Inc.

(as of January 1, 2019)

1.         Performances, validity, additional conditions

1.1     ČD-DUSS Terminal, Inc. gives performances in reloading and storage of combined    transport (CT) based exclusively on these general terms and conditions (GTC). These terms and conditions apply to all business relationships unless business conditions otherwise specifically agreed by contract.

1.2     Latest when the customer transaction and taking over power from the terminal side, they are valid for the GTC agreed.

1.3       Furthermore, the following applies:

• ČD-DUSS Terminal, Inc. rules to operate the dock Lovosice (Internal operating rules of the Terminal Lovosice, Working Regulations of Terminal Lovosice, Manuals and applianes for transportation of dangerous goods in combined transportation –all available upon request in our agency and on notice board in dispatch room and on ČD-DUSS Terminal, Inc. websites.

2.         The range of performances

2.1     ČD-DUSS Terminal, Inc. runs the dock as liaison for railway and road haulier. ČD‑DUSS Terminal, Inc. guarantees to all railway and road hauliers operating in the combine transport non-discriminatory access to comparable quality and comparable pricing structure.

2.2     Outside the transhipment and deposition within these GTC offers ČD-DUSS Terminal, Inc. additional services for which it is necessary to conclude a separate agreement.

3.         Granting and recieving order

3.1     The basis for performances that ČD-DUSS Terminal, Inc. It provides a performance agreement entered into with the customer.

3.2     Individual customer order for transhipment and deposit must contain all information necessary for proper execution and must be given in writing. 

3.3     Execution and obligatory character of an electronic order is dealt in separate agreement.

3.4     ČD-DUSS Terminal, Inc. gives a written confirmation only when it is stated in advance with the customer.

4.       Condition of transportation units and responsibility of customer

4.1     Intermodal transportation units (ITU) must fulfil all valid legal directives and technical conditions and must be suitable for the combined transportation. The customer is responsible for all claims for damages to ČD-DUSS Terminal, Inc. and all third parties which comes due to bad condition of ITU or shipment no matter of the cause.

4.2    Intermodal transportation units (ITU) under the terms of these GTC are:

• Container (due to ISO standards)
• Extension bodies
• Manipulatable semitrailers

4.3     All transportation units for non-accompanied combined transport must be approved for combined transportation pursuant to these GTC.

4.4     The customer must take into account that all dimensions and weight of ITU must           correspond to relevant technical conditions of the dock before granting the order.

5.        Reloading

5.1     The reloading begins in the moment, when a suspension device of reloading mechanism is getting down on Intermodal transportation units. (ITU)

5.2     The reloading is finished, when a suspension mechanism is released from ITU and lifted up.

5.3     The reloading is making in different ways:

5.3.1  In case of incoming road transportation: from the road vehicle to the railway carriage, to the storage place or to another road vehicle (alternative road transportation).

5.3.2 In case of incoming railway transportation: from the railway carriage to the road vehicle, to the storage place or to another railway carriage.

5.3.3 In case of out coming road transportation: from the railway carriage, from the storage place to the road vehicle

5.3.4 In case of out coming railway transportation: from the road vehicle, from the storage place or from another railway carriage to the railway carriage.

6.       The storage and the storage places

6.1     ČD-DUSS Terminal, Inc. stores an empty and loaded ITU from CT on the basis of local capacity for preceding or following railway or alternative road transportation. ČD‑DUSS Terminal, Inc. is not obliged to provide the customer with the storage place due to the limited capacity.

6.2     Only the management of the dock organises using the storage places.

6.3     The storage begins after unloading to the storage place and ends after loading to the road vehicle or to the railway carriage.

6.4     ČD-DUSS Terminal, Inc. has rights to store ITU (organise parking of manipulatable semitrailers), when the operating conditions of other storage places require it.

6.5     The storage (or semitrailer parking) is charged by ČD-DUSS Terminal, Inc. price list as amended and it is dependent on storage duration.

7.       Guarantee

7.1     ČD-DUSS Terminal, Inc. is responsible for the reloading and storage according to applicable laws of the Czech Republic, unless otherwise agreed in writing.

7.2     The guarantee is limited by amount 2,5 Euros per kilogram gross weight of ITU for the loss or for the damage.

7.3     ČD-DUSS Terminal, Inc., their employees and contractors are excluded from claiming damages unless damages were executed provably and wilfully or caused by extra rough neglecting duties.

7.4     If the damage is partially caused by customer, his employees, his contractors or his customers, the extent of guilt of CD-DUSS Terminal, Inc. will be stated accordingly.

8.       Claims settlement

The laws in force of Czech Republic apply in case of damage or loss. The stock out is when the road or railway transporter receives the ITU. The customer has to allow checking of any damages.

9.       Special provision for dangerous goods

9.1     ČD-DUSS Terminal, Inc. does not offer long term storage of ITU with dangerous goods (loaded, empty uncleaned ITU), without special agreement.

9.2     „The aid for transportation of dangerous goods in combined transportation“ as well regulates temporary storage of ITU containing dangerous goods at reloading area as valid legal regulations. „The aid for transportation of dangerous goods in combined transportation“ can be claimed at terminal upon request.

9.3     The ITU containing dangerous goods cannot be delivered to the terminal sooner than the day of reloading to another transportation.

9.4     The ITU containing dangerous goods must be transported in the day of delivery (or the next day in the operation time of the reloading area) unless otherwise agreed. When above stated is not adhered, ČD-DUSS Terminal, Inc. can transport ITUs containing dangerous goods to third parties, where are suitable conditions for storage of dangerous goods. The transportation expenses shall be refunded by the customer. When the situation requires, ČD-DUSS Terminal, Inc. can destroy or defuse ITU with dangerous goods and does not hold responsibility for any claims. The expenses for destruction or defusing shall be refunded by the customer.

9.5     The customer is responsible in the meaning of valid legal regulations for any damages or subsequent repercussions caused by unlabelled ITU containing dangerous goods in case the customer did not inform ČD-DUSS Terminal, Inc. in advance.

10.     Payments

10.1   The valid price list of reloading and storage is the basis for payment statement.

10.2   The payment shall be made on the basis of invoices in Czech currency or in Euro including tax amount set by legal regulations at that time.

10.3   Payments are remitted to appointed account at contractors expenses and are due according the due day on delivered invoice.

10.4     Another methods of payment can be set in a special agreement.

10.5   Unless otherwise agreed the customer pays the moratory interest raised from the basic level set by the Czech National Bank by 3% for any overdue. Every demand note is charged by lump fee € 5.

10.6   ČD-DUSS Terminal, Inc. claims cannot be prosecuted or withheld, unless the counterdemand is specified explicitly by the court.

11.     Appropriate court

11.1   Each lawsuit raised from the contract is judged in the place according to the residence of ČD-DUSS Terminal, Inc. unless the ČD-DUSS Terminal, Inc. chooses the appropriate court according to the residence of the customer

11.2   The Czech law applies for all legal relations of all local contractors.

12.     Confidentiality

All business and process information gained in connection with contract execution cannot be shared to any third party without prior approval from CD-DUSS Terminal, Inc. Both contracting parties binds its employees to secrecy. The legal duty of providing information according to established law still applies.

13.     Severability clause

If individual provisions of these terms and conditions become invalid or ineffective, this shall not affect the validity of other contractual provisions.