VERSION 1.2
Applicable to all Tempus Trans Group entities
GROUP ENTITIES
LT Tempus Trans UAB
Vilnius, Lithuania
info@tempustrans.lt
+370 5 2000570
PL Tempus Trans Sp. z o.o.
Warszawa, Poland
info@tempustrans.pl
+48 575 370 755
RO Tempus Trans Romania SRL
București, Romania
info@tempustrans.ro
+40 774 034 342
BG Tempus Trans Bulgaria Ltd.
Sliven, Bulgaria
info@tempustrans.eu
+359 884 386 102
CLAUSE 1 — DEFINITIONS
In these Standard Terms and Conditions for Carriers:
(a) “Tempus Trans” or “Tempus Trans Group” means, collectively, the group of affiliated companies
operating under the Tempus Trans brand, including Tempus Trans UAB (Lithuania), Tempus Trans
Bulgaria Ltd. (Bulgaria), Tempus Trans Romania SRL (Romania) and Tempus Trans Sp. z o.o. (Poland).
The contracting entity issuing the relevant Transport Order shall be considered the contractual party.
(b) “Carrier” means any natural or legal person to whom Tempus Trans issues a Transport Order.
1(c) “Transport Order” means any transport order issued by Tempus Trans by e-mail, transport platform
or electronic system.
(d) “Shipment” means the cargo covered by a Transport Order.
(e) “CMR Convention” means the Convention on the Contract for the International Carriage of Goods by
Road (Geneva, 19 May 1956).
(f) “FIXED LINEHAUL” means transport related to Tempus Trans regular groupage network and
operational programme.
(g) “Working Day” means Monday to Friday excluding public holidays in the relevant country.
CLAUSE 2 — SCOPE AND APPLICABILITY
2.1. These Standard Terms apply to all Transport Orders issued by Tempus Trans unless otherwise
agreed in writing.
2.2. The Transport Order together with these Standard Terms constitutes the binding agreement
between Tempus Trans and the Carrier.
2.3. Where the CMR Convention applies, these Standard Terms shall apply only to the maximum extent
permitted by mandatory law and the CMR Convention.
2.4. Any invalid provision shall not affect the validity of the remaining provisions.
CLAUSE 3 — ACCEPTANCE OF TRANSPORT ORDER
3.1. The Transport Order shall be considered delivered when successfully sent to the Carrier’s e-mail
address used in previous communication.
3.2. The Carrier shall review the Transport Order immediately upon receipt.
3.3. If the Carrier does not notify Tempus Trans in writing of any refusal, objection, correction,
impossibility to perform or disagreement within 30 minutes from successful sending of the Transport
Order, the Transport Order shall be deemed accepted and binding upon the Carrier in full, including all
prices, loading and delivery dates, special requirements and these Standard Terms, unless the Carrier
proves that the Transport Order was not actually received due to technical transmission failure beyond
the Carrier’s reasonable control.
3.4. Silence, dispatch of vehicle, arrival at loading place, acceptance of cargo or signing of the CMR shall
constitute confirmation of the Transport Order.
CLAUSE 4 — VEHICLE, DRIVER AND OPERATIONAL
DOCUMENTS
4.1. The Carrier shall provide a technically suitable vehicle compliant with all legal and operational
requirements.
4.2. Drivers must possess all required licences, permits, ADR certificates and professional qualifications.
4.3. The Carrier shall ensure availability of all transport, customs and insurance documents required for
the transport.
4.4. If the Carrier cancels a confirmed Transport Order, fails to provide the agreed vehicle or fails to
arrive at the agreed loading time, the Carrier shall pay Tempus Trans:
(a) 20% of the agreed freight, but not less than EUR 200, if cancellation occurs more than 24 hours
before loading;
(b) 40% of the agreed freight, but not less than EUR 500, if cancellation occurs less than 24 hours before
loading or after vehicle dispatch.
4.5. The above contractual penalties shall not limit the right of Tempus Trans to claim additional
documented losses where permitted by law and the CMR Convention.
CLAUSE 5 — CARRIER LIABILITY INSURANCE
5.1. The Carrier shall maintain valid carrier liability insurance covering liability under the CMR
Convention with minimum coverage of EUR 500,000 per shipment unless otherwise required.
5.1A. Insurance coverage must include international and domestic transport operations, gross
negligence where insurable, illegal immigrant risks, theft risks and high-value cargo including
electronics, alcohol, tobacco products and temperature-controlled cargo.
5.2. The Carrier shall provide insurance certificates upon request.
5.3. Insurance coverage shall not limit the Carrier’s liability.
CLAUSE 6 — CARGO ACCEPTANCE, LOADING AND
SECURING
6.1. Upon cargo acceptance, the Carrier shall verify cargo quantity, packaging and visible condition in
accordance with Article 8 CMR.
6.2. Any irregularities must be immediately reported and recorded in the CMR before departure.
36.3. The Carrier shall be responsible for proper cargo securing and load distribution.
6.4. The Carrier and driver must actively supervise loading operations.
6.5. Failure to raise objections before departure creates a presumption that loading conditions were
accepted by the Carrier.
CLAUSE 7 — STATUS UPDATES, GPS TRACKING
AND DELAYS
7.1. The Carrier shall provide status updates daily by 09:00 and at any time upon request.
7.2. The Carrier shall provide Tempus Trans with live GPS tracking access no later than one (1) hour after
loading.
7.3. Where live GPS access is unavailable, the Carrier shall provide written vehicle location updates at
least twice daily.
7.4. Any delay, border issue, accident or operational problem must be immediately reported together
with supporting evidence.
7.5. Failure to provide timely information, GPS access or accurate status information may result in
contractual penalties of EUR 50 per violation and rejection of additional cost claims.
CLAUSE 8 — SUBCONTRACTING,
TRANSSHIPMENT AND ROUTE
8.1. The Carrier shall not assign, transfer or subcontract the transport, in whole or in part, to any third
party without the prior written approval of Tempus Trans.
8.2. The Carrier remains fully liable for subcontractors and drivers.
8.3. The Carrier shall not transship, reload, consolidate, store, change the vehicle, transfer the cargo to
third parties or deviate from the agreed route without the prior written approval of Tempus Trans.
8.4. Unauthorised transshipment, reloading, subcontracting, cargo transfer to third parties, vehicle
change, storage or route deviation may constitute gross negligence under Article 29 CMR.
8.5. Breach of Clause 8 shall entitle Tempus Trans to a contractual penalty of up to 100% of the agreed
freight amount, depending on the severity of the breach and operational consequences, without
prejudice to the right of Tempus Trans to claim additional documented damages where permitted by
law and the CMR Convention.
CLAUSE 8A — CARGO SECURITY AND SAFE
PARKING
8A.1. The Carrier shall take all reasonable security measures to protect the cargo against theft, robbery,
unlawful access or disappearance during transport.
8A.2. Vehicles loaded with cargo shall not be left unattended outside secure parking areas unless
operationally unavoidable.
8A.3. Overnight parking shall be permitted only in secure, illuminated and regularly used truck parking
areas whenever reasonably available on the route.
8A.4. The Carrier shall ensure that vehicle doors, seals, locking systems and cargo securing devices
remain properly secured during the entire transport.
8A.5. In case of theft, attempted theft, seal irregularity or suspicious circumstances, the Carrier shall
immediately notify Tempus Trans and the competent authorities.
8A.6. The driver shall not leave the loaded vehicle unattended outside secure monitored parking areas.
8A.7. Stops shall be made only at secured parking locations monitored by responsible personnel
whenever reasonably available.
8A.8. Serious breach of cargo security obligations may constitute reckless conduct within the meaning
of Article 29 of the CMR Convention.
CLAUSE 9 — DELAYS AND OPERATIONAL
DISRUPTION
9.1. If the Carrier fails to perform loading or delivery within the time specified in the Transport Order,
the Carrier shall compensate Tempus Trans for documented operational disruption, administrative and
planning costs resulting from such delay.
9.2. Unless otherwise agreed, such operational costs are estimated at:
(a) EUR 100 per day of delay for standard cargo;
(b) EUR 200 per day of delay for temperature-controlled, urgent, FIXED LINEHAUL or time-critical cargo.
9.3. The above compensation represents agreed minimum operational losses and shall not limit the
right of Tempus Trans to claim additional documented damages where permitted by law and the CMR
Convention.
59.4. Failure to comply with fixed loading or delivery times may additionally entitle Tempus Trans to
reduce the agreed freight price by 25% up to 100%, depending on the severity and operational
consequences of the delay.
CLAUSE 10 — FIXED DELIVERY DEADLINES AND
SPECIAL INTEREST IN DELIVERY
10.1. Delivery deadlines marked as fixed, urgent, time-critical or FIXED LINEHAUL shall constitute
essential conditions of the Transport Order.
10.2. The Carrier acknowledges the declared special interest in delivery within the meaning of Article 26
CMR.
10.3. Where fixed loading or delivery times are specified in the Transport Order and are not followed by
the Carrier, Tempus Trans may reduce the agreed freight price by 25% up to 100%, depending on the
duration, severity and operational impact of the delay.
10.4. The Carrier acknowledges that the declared special interest in delivery forms an essential
commercial condition of the Transport Order and undertakes to ensure that such declaration is
reflected in the CMR consignment note where operationally possible.
10.5. For temperature-controlled, groupage or FIXED LINEHAUL transports, strict punctuality shall
constitute an essential operational obligation of the Carrier.
CLAUSE 11 — FIXED LINEHAUL / GROUPAGE
NETWORK
11.1. FIXED LINEHAUL transports are operationally linked to Tempus Trans regular groupage network.
11.2. The Carrier shall strictly comply with all operational schedules and instructions.
11.3. Delays or operational failures affecting the FIXED LINEHAUL schedule shall constitute material
breach.
11.4. The Carrier shall be liable for documented direct operational losses to the maximum extent
permitted by mandatory law and the CMR Convention.
CLAUSE 12 — LIABILITY OF THE CARRIER
12.1. The Carrier shall be liable for cargo loss, damage and delay in accordance with the CMR
Convention and mandatory law.
612.2. Liability limitations under the CMR Convention shall not apply in cases of wilful misconduct, gross
negligence, unauthorised transshipment, false status information, cargo abandonment or equivalent
conduct under Article 29 CMR.
12.3. Serious breach of security obligations, unauthorised subcontracting, cargo abandonment, false
status information, reckless conduct or deliberate failure to follow operational instructions may deprive
the Carrier of the right to rely on liability limitations under Article 29 CMR.
12.4. The Carrier shall indemnify Tempus Trans against claims, penalties, fines and losses arising from
breach of these Standard Terms.
CLAUSE 13 — FORCE MAJEURE
13.1. The Carrier shall not be liable only where delay or failure is caused by duly proven force majeure
beyond its reasonable control.
13.2. Technical breakdowns, lack of planning, driver shortage, traffic or normal border waiting times
shall not constitute force majeure.
13.3. Force majeure must be immediately reported together with supporting evidence.
CLAUSE 14 — DOCUMENTS AND PAYMENT
14.1. Original transport documents must be sent within 10 calendar days after unloading.
14.2. Scanned PDF copies may be accepted only with prior written approval by Tempus Trans.
14.3. Acceptance of scans shall not release the Carrier from the obligation to provide originals.
14.4. If originals are not received within the required period, payment terms may be extended by up to
30 additional days.
14.4A. If the Carrier fails to provide original transport documents within the required period, Tempus
Trans shall be entitled to charge an administrative handling fee of EUR 30 per shipment.
14.5. Unless otherwise agreed, payment term shall be 45 days from receipt and acceptance of all
required documents.
14.6. Invoices must contain the Transport Order reference and VAT details.
14.7. If transport, customs or accompanying documents differ from the Transport Order or contain
inconsistencies, the Carrier must immediately notify Tempus Trans and suspend departure until further
instructions are received.
CLAUSE 15 — SET-OFF, CONFIDENTIALITY AND
NON-CIRCUMVENTION
15.1. Tempus Trans may deduct penalties, claims, damages or other amounts owed by the Carrier from
payable freight.
15.2. All commercial and operational information shall remain confidential for two years after
cooperation ends.
15.3. The Carrier shall not directly or indirectly approach, solicit, contact or provide services to Tempus
Trans clients, consignors, consignees or business partners introduced through the Transport Order
during the cooperation period and for twenty-four (24) months after the last Transport Order.
15.3A. The Carrier shall not directly or indirectly encourage, recruit or solicit Tempus Trans employees or
subcontractors to terminate their cooperation with Tempus Trans during the cooperation period and for
twenty-four (24) months thereafter.
15.3B. Breach of the obligations under Clauses 15.3 or 15.3A shall entitle Tempus Trans to a contractual
penalty of EUR 15,000 per violation, without prejudice to additional documented damages.
15.4. The Carrier shall not withhold, retain, delay delivery of or exercise any lien over the cargo or
transport documents due to payment disputes, counterclaims or disagreements with Tempus Trans,
except where such right cannot be excluded under mandatory applicable law.
15.5. Contractual penalties agreed in these Standard Terms represent agreed minimum operational
losses and shall not limit the right of Tempus Trans to claim additional documented damages where
permitted by law and the CMR Convention.
CLAUSE 16 — COMPLIANCE, SANCTIONS AND
ANTI-BRIBERY
16.1. The Carrier shall comply with all applicable customs, sanctions, fiscal transport, anti-bribery and
transport regulations.
16.2. The Carrier shall not offer or accept unlawful payments or advantages.
16.3. The Carrier shall indemnify Tempus Trans against all penalties and losses resulting from breach of
this Clause.
16.4. The Carrier shall exercise professional diligence regarding SENT, UIT, customs transit and fiscal
transport obligations.
16.5. If the Carrier becomes aware that declarations or registrations may be missing or invalid, Tempus
Trans must be informed immediately.
816.6. Failure to comply with SENT, UIT, customs transit or equivalent obligations may constitute gross
negligence and the Carrier shall remain liable for resulting consequences to the maximum extent
permitted by law.
CLAUSE 17 — DATA PROTECTION
17.1. Personal data shall be processed only for transport performance purposes in accordance with
GDPR.
17.2. The Carrier confirms lawful collection and processing of driver and personnel data.
CLAUSE 18 — NOTICES, ELECTRONIC
COMMUNICATION AND VALIDITY
18.1. Notices and claims shall be valid if sent by e-mail or registered post.
18.2. Operational phone communication must be confirmed in writing where affecting deadlines, costs
or claims.
18.3. Agreements concluded by e-mail, PDF exchange, electronic signature or other electronic
communication shall be considered valid and binding written agreements.
18.4. Any unilateral amendments, reservations or corrections made by the Carrier to the Transport
Order or these Standard Terms shall have no legal effect unless expressly accepted in writing by
Tempus Trans.
CLAUSE 19 — LIMITATION PERIODS
19.1. Claims shall be subject to applicable limitation periods under the CMR Convention and mandatory
law.
CLAUSE 20 — GOVERNING LAW AND
JURISDICTION
20.1. Any dispute arising out of or in connection with these Standard Terms, the Transport Order or the
transport service shall be governed by the law of the country where the contracting Tempus Trans entity
issuing the relevant Transport Order has its registered office, without prejudice to the mandatory
application of the CMR Convention.
920.2. The competent courts of the country where the contracting Tempus Trans entity issuing the
relevant Transport Order has its registered office shall have jurisdiction, subject to Article 31 of the CMR
Convention.
CLAUSE 21 — TERMINATION AND FINAL
PROVISIONS
21.1. Tempus Trans may terminate the Transport Order immediately in case of breach, delay or
improper performance by the Carrier.
21.2. Tempus Trans may cancel the Transport Order without liability where cancellation is made at least
twenty-four (24) hours before the agreed loading time.
21.3. Amendments shall be valid only if confirmed in writing by Tempus Trans.
21.4. Invalid provisions shall not affect remaining clauses.
21.5. The English version shall prevail in case of translation inconsistencies.
21.6. Tempus Trans may amend these Standard Terms and the applicable version shall be the version
valid on the Transport Order issue date.
ADDITIONAL RECOMMENDED OPERATIONAL
CLAUSES
GPS / Tracking
The Carrier shall provide GPS tracking information or real-time vehicle location upon request of Tempus
Trans.
High Value Cargo
For shipments involving alcohol, tobacco products, electronics, telecommunication equipment,
household appliances or other high-value cargo, the Carrier shall apply enhanced security measures.
Such measures may include:
hard-sided trailers or reinforced curtains,
additional non-factory locks,
continuous GPS monitoring,
secured monitored parking only,
driver availability by mobile phone at all times,
double-manned vehicle operation where required by Tempus Trans.
10Immediate Incident Reporting
Any accident, customs issue, cargo shortage, seal irregularity or operational incident must be reported
immediately and no later than 30 minutes after becoming aware of the event.
TEMPUS TRANS GROUP
Standard Terms and Conditions for Carriers
Version 1.2