Terms and conditions of rendering international shipment services 1.1. DPD Polska Sp. z o.o. DPD Polska The Client Recipients, DPD Polska The Client

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1 Appendix 3a Terms and conditions of rendering international shipment services 1.1. The freight conditions herein specify the principles of co-operation DPD Polska Sp. z o.o., the persons performing such services on the company s behalf, as well as the company s agents - hereinafter referred to as DPD Polska, and the Clients who are not consumers within the meaning of The Protection of Competition and Consumers Act of (Journal of laws of 2007 no 50, item 331) hereinafter referred to as The Client, and parcel Recipients, within the scope of international parcel forwarding and delivery. 2. DPD renders international shipping services in accordance with the current price list The scope of shipping services rendered by DPD Polska for The Client, shall be agreed for each parcel in the waybill, and it may cover the following activities: - advisory services regarding shipping conditions, route selection, means of transport and pricing; - preparation of the parcel to be shipped (packaging, weighing, counting, labelling); - delivery of the parcel to the place of loading to the main means of transport; - preparing shipping documents; - entering into a shipping contract with the carrier; - shipping insurance for the parcel; - collecting the parcel at the destination; - parcel storage; - collecting payment for the delivered goods; - settling the accounts for the services with the carrier; - taking necessary steps in order to reclaim undue amounts paid in connection with shipment and other amounts in connection with performing the transport; - taking necessary steps to secure the Client s rights towards the carrier and other forwarders in the event of damage which occurred during transport; - informing the Client of anticipated or occurred hindrances during transport. 2. DPD Polska can assign the performance of services ordered by The Client to a third party. 3. DPD Polska shall render the above shipment services on its own behalf but at the account of The Client. Specifically DPD Polska, acting as the indirect representative, shall enter into agreements with carriers transporting the parcels covered by the shipment service The proof of a service agreement is considered to be a waybill prepared in accordance with DPD Polska standards. The waybill should include at least the following: - Client details his full name, address, statistical number (REGON) and tax number (NIP); - recipient details his full name and address; - information regarding items to be shipped (type, number, weight, etc.) - place of collection by from the Client by DPD Polska; - place of delivery; - making additional orders by specifying the activities which DPD Polska will be obliged to perform; - date when the parcel should be released to the specified recipient. 2. By signing the waybill The Client confirms that the declared data is true and that he is acquainted with the terms and conditions herein as well as with the DPD Polska price list, which becomes binding upon signing of the waybill. 3. A copy of the waybill is held by The Client Once the waybill is signed, the parcel shall be collected from The Client and delivered in accordance with the instructions in the waybill. 2. DPD Polska undertakes to perform the services in such way that a parcel accepted for transport can be released to the recipient on the date specified in the waybill. 3. Should the recipient refuse to accept the parcel, such parcel is returned to The Client at his expense. 4. If the release of the parcel on the date specified in the waybill is not possible for reasons other than in point 3 above, DPD Polska shall immediately inform the Client of such circumstances 1

2 and shall specify a date when the Client can make other orders and make a statement regarding the costs connected with such new orders. If the Client fails to make the appropriate statements within such time frame, the parcel shall be returned to the Client at his own cost As long as the parcel is in the possession of DPD Polska or as long as DPD Polska is able to manage the parcel with the documents, DPD Polska has the right of pledge in order to secure the amounts due to DPD Polska, specifically DPD Polska s remuneration and other costs, fees and expenditures in connection with rendering services, as well as other due amounts in connection with other services rendered by DPD Polska or a third party for The Client. 6.1.The Client is obliged to release the parcel to DPD Polska in the condition which enables appropriate shipment and release, without damage or loss. 2. Parcels which need packaging due to their properties or contents, shall be handed over by The Client in packaging which meets the requirements of DPD Polska, such as: - the package should be closed and secured effectively with e.g. self-adhesive tape, seals or sealing wax stamps; - the packaging must be resistant; - possible attempt to access the contents must leave visible marks on the packaging; - package must be appropriately labelled if the characteristics or contents require labels such as careful! glassware ; up/down, do not overturn, etc: - unsecured parcels which could damage these and other parcels. 3. The weight of packaging and securing is included in the parcel weight. 4. Should The Client deliver to DPD Polska a parcel which is not packed or packed inappropriately, DPD Polska has the right to pack the parcel appropriately at The Client s cost The Client guarantees that the contents of each parcel are correctly declared and described in the waybill DPD Polska shall refuse to accept a parcel for shipment or can withdraw from performing the service after conclusion of the agreement, if the Client is in breach of these terms and conditions, especially if: - the parcel contains dangerous goods or goods which can cause damage to persons or property, above all: flammable materials, explosives, radioactive materials, caustic or odorous substances, arms and ammunition; - the parcel contains illicit drugs, medications or psychotropic drugs, apart from items sent for research or medical purposes by authorised institutions; - the parcel contains live plants or animals; - the parcel contains a corpse, human or animal remains; - there are drawings or signs on the visible elements of the packaging which violate the copyright law; - due to its properties the parcel cannot be shipped and transported by available means of transport; - the parcel contains work of art, antique items, precious stones and metals in any shape or form, currencies, transferable shares of stock, certificates and any other transferable valuables; - the packaging can soil other parcels or otherwise damage them; - transport of such parcel is forbidden by general provisions of the law, the law restricts transport of such items or specifies particular conditions of transport; - the parcel has been classed as hazardous goods or materials, it is forbidden or restricted by IATA, ICAO or national governmental bodies to transport the contents of the parcel; - there is no customs declaration for the parcel (if required by customs regulations); - the parcel does not have documentation required by law. - the parcel contains items excluded from transport as per List of forbidden items and items subject to international transport limitations by DPD Polska available at 2. The Client undertakes to provide DPD Polska with all documents required for shipment of the parcel by legal regulations. 3. If, after receipt of the parcel in order to render the services, it is ascertained that the Client has breached the provisions of point 1 above, the Client shall pay a penalty in the amount of five times the cost of service due to DPD Polska. 2

3 4. The penalty specified in point 3 above does not exclude DPD Polska s right to claim higher on a general basis Before accepting a parcel for shipment DPD Polska has the right to request the Client to open it in order to check whether it is in accordance with the information given on the waybill, specifically if the declared value is consistent with the real value and if the parcel is not subject to exclusion and also to check how the parcel is secured inside the packaging. 2. If, after accepting the parcel for shipment, there is a justified reason to believe that the parcel is subject to exclusion or does not meet other requirements specified herein, DPD Polska has the right to verify the parcel and its content after prior consent of the Client given in any form (in writing, by , fax, etc.). Should the Client refuse to grant its consent or fails to respond to the request DPD Polska has the right to refuse shipment. Regardless of that right, DPD Polska can secure the parcel at its own cost, in a way which ensures that the shipment service is safe the Client acknowledges that in the circumstances which justify presumption of actions against the terms and conditions herein or an act contradicting the obligatory legal order, DPD Polska shall immediately notify relevant authorities and shall hold and secure the parcel until the parcel is inspected by such authorities The Client is obliged to place the address from the waybill on the parcel or its packaging. The address must be legible, with no text rubbed off or crossed off and with legible postcode. DPD Polska can lift the above obligation on the basis of a direct written statement Accepting a parcel for shipment by DPD Polska does not justify the presumption that the packaging and contents are compliant with the terms and conditions herein DPD Polska also has the right to refuse the service if: a) performing the service is not possible due to natural disasters or force majeure; b) the Client has not provided DPD Polska with documents described in 8 point 2 despite the fact, that the Client was obliged to do so under the legal regulations applying to shipping and transport services; c) there is a justified suspicion that declared contents and/or weight are not consistent with the actual state; d) the parcel has not been properly secured by the Client Payment of the service and other activities in connection with the service is calculated in accordance with the current DPD Polska price list and is payable in cash at the time of sending the parcel, unless other arrangements have been agreed by the parties and confirmed in writing. 2. Should the Client transfer the obligation to pay for shipment and other services connected with the parcel onto the recipient and the recipient refuses to cover such costs the Client undertakes to make all relevant payments. 3. Each the Client has the right to request the information regarding current price list or to receive a quote for shipment services. 4. Regardless of the remuneration agreed on the basis of the current price list the Client undertakes to reimburse DPD Polska for all expenditures incurred in order to properly complete the order including any possible sanctions borne by DPD due to transport of goods which were inconsistent with the content declaration and which are excluded or limited by law At the Client s request, each parcel accepted for shipment can be insured on the basis specified in DPD Polska price list and in the contract concluded between DPD Polska and the insurance company. Such contract is available in the DPD Polska headquarters in Warsaw Warszawa, ul. Mineralna 15 (Head office); at the Client s request the extract of such contrast can be viewed in all DPD Polska depots. 2. Insurance declaration is executed on the basis of direct wish of the Client to insure the parcel, the object to be insured and its value. Such information must be declared on the waybill. By 3

4 signing the waybill with the insurance declaration the Client confirms that he has read the terms and conditions of the insurance agreement and that he accepts them being in force. 3. Lack of declaration described in point 2 above on the waybill is considered to be the Client s resignation from insurance. 4. If the Client does not insure the parcel, DPD Polska s responsibility is limited to culpable loss or damage of the parcel, up to the actual value. DPD Polska is not responsible for failure to perform or inappropriate performance of service consisting in loss of profit or income, both for the Client and third parties DPD Polska shall not be held responsible for non performance or inappropriate performance of service if the fault cannot be attributed to DPD Polska, specifically if: a) there were mistakes in the address (e.g. wrong surname, company name, street, house number or town of the recipient); b) the recipient has changed place of residence or offices (if company); c) the actual contents of the parcel are inconsistent with the contents declared upon sending; d) parcel weight is not consistent with the declared weight; e) under the circumstances specified in 8.1. herein; f) due to force majeure such as adverse weather conditions (low temperature, fog, heavy snowfall, black ice, etc.), strikes, flooding, earthquakes, fire, etc The service shall be deemed as not rendered if: a) under the circumstances specified in 8.1 herein; b) the parcel is lost during the service being rendered, due to reasons attributable to DPD Polska; c) the parcel cannot be delivered to the recipient or returned to the Client due to the Client s wrong address; d) the parcel has not been paid for or the paid amount was too low and the Client or the recipient refused to cover the cost or the difference In the event of delayed delivery the recipient must state this fact on the waybill or another equivalent document in the presence of DPD Polska representative. Delivery date and time must be stated, as well as the reason for delay (given by the DPD Polska representative). In the event of documented refusal to accept the parcel by the recipient the parcel is returned to the Client at his cost. 2. A parcel which has not arrived at its destination stated on the waybill within 30 days from the assumed time of delivery, is considered to be lost. 3. Claims in connection with improper performance of service expires upon acceptance of the parcel without claims. However, it does not concern claims in connection with loss or damage that was not visible and was declared by the recipient to DPD Polska within 7 days from accepting the parcel All claims in connection with the shipment can be directed to the head office of DPD Polska. 1) The entities entitled to make a claim are: a) the Client ; b) the Recipient if the Client renounces his right to claim compensation for the benefit of the recipient, save for item c); c) the Recipient, who has the right of disposal of the parcel and is also a consumer at the same time. 2) All claims in connection with loss, damage, loss to the parcel substance or delayed delivery, shall be made within 7 (seven) days from receipt of the parcel, and in the event of non performance of the service from the day specified in Within 14 days from receipt of notice from DPD Polska the Claimant is obliged to submit all documents necessary to process the claim. 3) The right to seek compensation is suspended until the Client covers all due payments, costs and other expenditures borne by DPD Polska with consideration for the conditions specified in point 2 above. 4

5 4) Claims made after the specified period, claims that are inconsistent or incomplete or completed after the specified period, as well as claims made by unauthorised persons are considered to be not valid. 5) The claim should include: a) name or company name of the Claimant; b) title of the claim; c) the amount of claim and documents justifying the amount of claim; d) a copy of the waybill; e) proof of payment of all amounts due to DPD Polska ; f) a list of documents submitted; g) a copy of the protocol prepared upon the request and in the presence of the Client or the Recipient by a DPD Polska representative in the event of a claim in connection with loss or damage to the parcel; h) Claimant s signature; i) a power of attorney if the claim is made by the Claimant s representative. 6) After the claim has been processed the Head office informs the Claimant in writing, within 30 days from receipt of full claim documentation, of the fact that the claim has been recognised, partially recognised or dismissed. In each case the notification includes: a) the way of processing the claim together with any amount of compensation as well as the date and way of payment thereof; b) justification of the way the claim was processed in the event of partial recognition or dismissal of the claim. 7) The Client does not have the right to deduct the amounts of claim from current, past or future obligations towards DPD Polska DPD Polska is responsible for the carriers and further forwarders who are used in connection with performance of ordered services, unless it is not at fault with negligence in choice in accordance with article 799 of the law of 23rd April 1964 r. the Civil Code (Journal of laws of 18 th may 1964 no 16, item 93 as amended) If in accordance with provisions of 19 of these terms and conditions, a carrier or a further forwarder is responsible for loss, damage or other harm done in connection with performing the service, DPD Polska shall immediately transfer (assign) its rights and claims towards such parties to The Client A copy of these terms and conditions is available in the Head office and in all depots of DPD Polska. The Client is obliged to read the terms and conditions before handing over the parcel to DPD Polska Terms and conditions for rendering parcel shipment and delivery services available to the public at and provisions of other normative acts including international treaties and conventions signed by The Republic of Poland, shall apply to issues not otherwise provided for herein. 24, 1. This terms and conditions do not apply to consumers, unless legal regulations in force state otherwise. These terms and conditions come into force on