General conditions of Consignment undertakes for remuneration to engage in activities aimed at enabling his customer to conclude with a certain carrier the contract of carriage alone and in his own name (§ 642 et seq. CoC). Intermediation is a free trade (§ 25/1, § 33/ch and § 41a of the Act No. 455/1991 Zb.). Article 2 Process of conclusion, creation and from of the contract of freight forwarding 2.1 The rights and obligations of the Freight forwarder arise first of all on the basis of a contract of freight forwarding. Under a contract of freight forwarding the Freight forwarder undertakes to procure for the Customer the transport of goods (the consignment) in his own name but on the Customer's account from a certain place to another certain place, and the Customer undertakes to pay remuneration to the Freight forwarder (§ 601 (1) CoC). 2.2 Formation and coming into existence of the contract of freight forwarding are governed by the provisions of § 43 - 51 CiC and § 269 - 275 CoC. For the creation of the contract of freight forwarding an unconditional acceptance of the contract offer, made in the specified time, is required. Acceptance of an offer which contains amendments, reservations, limitations or other changes is considered as rejection of the offer, representing a new offer which must be accepted in order to create the contract. An offer designated as "forwarding order", or "order of forwarding services" is also considered as a contract offer. The contract offer is usually placed by the customer; however, initiative may also come out from the Freight forwarder. The contract offer must be sufficiently precise and addressed to a certain person. It is necessary to specify correctly the services to be procured by the Freight forwarder, especially the arrangement of specified transport; it must be addressed to an identified Freight forwarder. 2.3 Unless otherwise agreed by the parties, under these GFFC ALFF SR written form is required for the validity of the contract of freight forwarding. Written form must be kept for the acts creating the contract that is for the offer and its acceptance. The contract is considered to be in writing when it is written in a document forming one technical entity, when the manifestations of wills of the parties are made by exchange of documents, correspondence, telegram, telex, fax or any recording by electronic means. Silence or inactivity alone on the part of the offeree / recipient of the offer / does not constitute acceptance. Article 3 Forwarding order Legal nature and function: 3 / 17
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