Kraków, 14 October 2022
GUIDELINES FOR TRANSPORT COMPANIES REGARDING PALLET EXCHANGE
Quadrum Foods sp. z o.o. with its registered office in Kraków
ul. Moniuszki 22A, 31-523 Kraków
KRS: 0000939001
(hereinafter referred to as the Company)
In connection with the inclusion of activities related to pallet exchange in a transport/forwarding order, the Principal ordering the transport/forwarding service hereby provides the following guidelines concerning the manner in which this part of the service is to be performed:
I. Condition of pallets:
Pallets intended for exchange must meet the following requirements:
a) they must bear proper and clearly visible EPAL or EUR markings on the blocks;
b) they must be fully serviceable, i.e.:
- they must not have damaged blocks or boards,
- they must not have any protruding elements such as nails, screws, bolts, etc.
c) they must be free from dirt, traces of mould, etc.
II. Procedure and documentation of pallet exchange:
1) pallet exchange at loading – when proceeding to the loading location, the carrier should have an appropriate number of pallets available which meet the requirements specified in Section I above, in accordance with the QF transport order issued by the Company:
1.1) during pallet exchange, a pallet receipt should be prepared and signed, containing information on the number of pallets delivered for exchange as well as the number of pallets collected as part of the exchange and their technical condition. If no receipt is issued by the loading party, the driver should:
a/ if the driver has their own pallet receipt form – prepare their own pallet receipt and have it signed by both the driver and the loading party;
b/ if the driver does not have their own pallet receipt form – document, by any other available means, the number of pallets delivered for exchange, the number of pallets collected as part of the exchange and their technical condition. In particular, whenever possible, the driver is required to prepare photographic documentation of any defects identified in the pallets on which the goods are loaded.
1.2.) if the carrier is unable to determine at the loading location whether the loading party has issued pallets that fail to meet the requirements specified in Section I above, in particular where the goods are collected already loaded on pallets in such a way that the driver is unable to inspect them, the driver is required to determine the condition of the pallets together with the unloading party at the place of delivery, in accordance with the procedure described in Section 2.4 below.
1.3.) if the loading party refuses to accept pallets offered by the carrier for exchange due to their defective condition, the driver should prepare appropriate photographic documentation showing the condition and any defects of the individual pallets;
2) pallet exchange at unloading
2.1.) when proceeding to the unloading location and receiving pallets for exchange from the unloading party, the carrier should verify whether the pallets being accepted meet the requirements referred to in Section I above.
2.2.) If the pallets intended for exchange do not meet the requirements referred to in Section I, the driver may refuse to accept them. In such a case, the unloading party should document the condition of the pallets by preparing a pallet receipt, while the driver should document their condition by means of photographs. If taking photographs is not possible, the driver must immediately inform their principal and/or QF (by telephone or SMS) of the reason for refusing to accept the pallets, or obtain an appropriate entry in the CMR consignment note confirming that the pallets were not accepted due to their poor quality, signed by an employee of the unloading party and stamped with the company stamp (provided such form of confirmation can be obtained). This will allow the relevant parties to verify the circumstances of the situation.
2.3.) if no pallets intended for exchange are available at the unloading location, the driver should obtain an appropriate entry in the CMR consignment note confirming the lack of pallets available for exchange, signed by the unloading party and stamped with the company stamp.
2.4.) if the carrier was unable to determine the condition of the pallets at loading, i.e. in the situation described in Section 1.2 above, the driver is required to determine the condition of the pallets at the unloading location and, if defects are identified, document them, wherever possible, by means of photographs and by preparing an appropriate pallet receipt or another document containing a description of the defects.
III. Determination of the party responsible for damage to pallets
3.1.) The basis for taking action against the loading party shall be:
- a properly prepared and signed pallet receipt or other documentation prepared by the driver at the loading location confirming the defects, in particular photographic documentation, if such documentation was prepared,
or
- documentation prepared at the unloading location demonstrating defects in the pallets carrying the loaded goods, where it has been documented that it was not possible to assess the condition of the pallets at the loading location.
3.2.) The basis for taking action against the unloading party shall be, in the case of:
- the situation described in Section 2.2 above – a properly prepared and signed pallet receipt and/or appropriate photographic documentation and/or an entry in the CMR consignment note confirming that the carrier refused to accept pallets for exchange due to their poor quality;
- the situation described in Section 2.3 above – an entry in the CMR consignment note confirming the lack of pallets available for exchange, confirmed by the unloading party.
IV. The Principal declares that these guidelines are not intended to modify the rules of liability or the obligations imposed on the carrier, arising in particular from Articles 65 and 74 of the Polish Transport Law Act and Article 781 of the Polish Civil Code.
