1 APPROVED by M. I. Denosiva Director General Limited Liability Company DENIL`S LOGISTIK, 2012 GENERAL TERMS AND CONDITIONS OF FORWARDING, CARRIAGE AND PROVISION OF OTHER SERVICES DENIL`S LOGISTIK Version of 01.06.2012 St. Petersburg 1. DEFINITIONS/TERMS Meanings of the terms that shall be used in these terms and conditions, i.e. terms and conditions of forwarding, carriage and provision of other services of the Contract concluded between you and us shall be determined in this article. We, this pronoun s case inflection and DENIL`S shall mean (i) DENIL`S LOGISTIK LLC, (ii) parties that belong to DENIL`S group ( DENIL`S ), i.e. participants of the contract on joint activity with DENIL`S LOGISTIK LLC for forwarding, carriage and provision of other services, (iii) employees, agents and legally independent third parties connected with the parties that belong to DENIL`S group by contractual relations; You and this pronoun s case inflection shall mean the consignor and consignee, holder of DENIL`S Consignment Note, owner of the goods contents or any other person that has rights in relation to the goods; Carriage shall mean and include the whole complex of operations and services, carried out by us in connection with transportation of the goods, including forwarding services; Other services shall mean all services, other than services on forwarding and carriage of the goods, that are provided by us, including, but not limited to, storage, sorting, loading, consolidation, packing, installation, added value and transportation management services; Goods shall mean commodities or documents of any origin (bulky goods or goods in one or more packages), accepted by us for carriage from one place to another or with regard to which we have assumed obligations to provide other services, whether under DENIL`S Consignment Note or without it;
Prohibited items shall mean things and materials, acceptance for carriage of which is prohibited by laws, rules or regulations of any country, in or over which territory the goods are carried; 2. THE PARTY THEREWITH YOU CONCLUDE THE CONTRACT You shall conclude the contract on forwarding and carriage or contract on provision of other services with DENIL`S LOGISTIK LLC and/or parties that belong to DENIL`S group ( DENIL`S ), i.e. with participants of the contract on joint activity with DENIL`S LOGISTIK LLC for forwarding, carriage and provision of other services. You agree that we shall have the right to enter into contractual relations with third parties under any terms and conditions that are acceptable for us, for the purpose of performance of the contract on carriage or a part thereof or provision of other services. 3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS Your signing of DENIL`S Consignment Note shall be considered as your acceptance of these terms and conditions. These terms and conditions shall apply to all persons, services of which we use or with whom we conclude contracts for acceptance, carriage and delivery of goods or for provision of other services, and may be applied by the mentioned persons, as well as by our employees, managers and agents. Only a person specially authorized by us shall have the right to make a decision regarding changes of these terms and conditions in writing. We shall not be obliged to follow your oral or written instructions, relating to the goods that have been transferred to us for carriage, if these instructions contradict these terms and conditions. 4. SCOPE OF THE CONTRACT а) Even if obligations on carriage are a part of another contract between you and us, these terms and conditions shall apply to the contract, concluded between you and us, with regard to obligations on carriage of the goods in accordance with the contract. b) By concluding any contract with us that includes terms and conditions of carriage and forwarding of the goods, you agree that: - This contract shall be a contract of road carriage and forwarding of the goods, if the goods are actually carried by road transport; - This contract shall be a contract of air carriage and forwarding of the goods, if the goods are actually carried by air transport; - This contract shall be a contract of sea carriage and forwarding of the goods, if the goods are actually carried by sea transport; - This contract shall be a contract on provision of other services, if it is concluded in relation to services that are not a carriage. 5. DANGEROUS GOODS / SECURITY 5.1. With the exception of the circumstances, set forth in paragraphs 5.2 and 5.3, we shall not accept for carriage goods, nor provide other services in relation to goods that are dangerous or, at our sole discretion, recognized dangerous, including, but not limited to, goods that are prohibited by the International Civil Aviation Organization (ICAO) Technical Instructions, International Air Transport Association (IATA) Dangerous Goods Regulations, International Maritime Dangerous Goods Code, 2
European Agreement Concerning the International Carriage of Dangerous Goods by Road or other national or international legal acts that govern carriage of dangerous goods with transport or provision of other services in relation to dangerous goods. 5.2. At our discretion, we may accept separate types of dangerous goods for carriage or provide other services in relation to dangerous goods in some countries, if уou have got permission for shipment of dangerous goods, which should be provided to us in writing before acceptance of the goods for carriage. Your dangerous goods shall be accepted only provided that carriage thereof is permitted by the applicable legislation (see paragraph 5.1) and by our requirements. Any additional information concerning our requirements, as well as procedures for obtaining permission for carriage of dangerous goods, will be submitted at your request in the nearest to you office of our company. It will be necessary for you to pay a surcharge for carriage of dangerous goods upon our acceptance of the goods for carriage. 5.3. The Customer shall be exempted from compliance with the above approved requirements in relation to some types of dangerous goods. Details may be specified in our nearest DENIL`S office. 5.4. You should confirm by completing DENIL`S Consignment Note or at the time of transfer that the goods do not contain items, prohibited for carriage either by Annex 17 to the ICAO Technical Instruction, or by national or international laws that govern security of carriages by air. You should specify full information about the contents of your goods in DENIL`S Consignment Note or other accompanying documents, and this shall not eliminate your liabilities and responsibility. 5.5. For the purpose of security, goods, carried or handled by us, may be inspected on the special equipment, including X-ray, equipment, detecting explosives and other security facilities, and you agree that your goods may be opened and the contents thereof may be inspected in transit points. 5.6. You shall guarantee that you personally have prepared the goods for carriage or for provision of other services, in a secure place, in the presence of reliable employees of your company, and that the goods have been safeguarded against unauthorized access during preparation, storage and carriage thereof prior to acceptance by us of the goods for carriage. 5.7. We shall not accept for carriage goods that contain prohibited items and reserve the right to return goods previously accepted for carriage. 5.8. Authorities of the destination country or transit country may require us to exchange information in relation to your goods, including your personal data, for the purpose of customs clearance or security. 6. EXPORT CONTROL 6.1. You shall assume responsibility and guarantee compliance with all applicable export control laws, including, but not limited to, regulations and rules that prohibit unauthorized trade in arms and other strategic commodities and services in relation thereto, as well as financial and commercial transactions with persons that perform actions, specified in this paragraph, in countries to, from, through or over which your goods may be carried, or regulations and rules that stipulate conditions, when certain technology, information and commodities may be carried to, from, through or over the country, where the carriage is performed. 6.2. You shall also guarantee that you will not suggest us any carriage, if one of the parties, involved therein, is indicated in any of the United Nations Organization programmes of sanctions or in any 3
national programme that implements and/or supplements such programmes, as well as in any other regulations on introduction of the above-mentioned measures. 6.3. You shall undertake to provide information about goods for performance of pre-export control and provide us with all necessary documents for compliance with the applicable legislation. 6.4. You shall bear full responsibility for compliance with export and import licensing or authorizationbased requirements in relation to the goods, obtaining of all required licences and permits, ensuring that the consignee is authorized by the laws of the country of origin, destination country and any other countr(-y/-ies), within which jurisdiction the goods fall. 6.5. We shall not bear responsibility to you or to any other person, if you do fail to comply with export control laws, sanctions, restrictive measures and embargos. 7. RIGHT OF INSPECTION 7.1. You agree that we, or any competent governmental authorities, including customs and security bodies, shall have the right to open and inspect your goods at any time. 8. RULES OF CALCULATION OF TRANSIT TIME AND ROUTE OF GOODS CARRIAGE Transit time of door-to-door delivery, specified in DENIL`S Rates, shall not include weekends, holidays and days required for customs clearance, delays due to compliance with local security requirements and other events beyond our control. Option of the route of your goods carriage shall be determined at our sole discretion. 9. CUSTOMS CLEARANCE 9.1. For the purpose of performance of customs clearance, you shall appoint us as your agent. If we use an agent for implementation of your instruction, you hereby certify that we shall be the consignee for the purpose of performance of customs clearance. If customs authorities require submitting of additional documents for the purpose of acknowledgement of customs declarations for import/export or our right to perform customs clearance, submission of required documents shall be made by you at your expense. 9.1.1. Being your agent, we shall be your customs broker with the following powers: 9.1.1.1. In the prescribed form and within the established time to declare information on the goods and customs procedure thereof, as well as other information, required for customs purposes; 9.1.1.2. Upon the request of the customs authority, to present the declared goods; 9.1.1.3. To submit to the customs authority documents and additional information, necessary for customs purposes; 9.1.1.4. Upon the request of the customs authority, to be present during execution of customs clearance of the goods; 9.1.1.5. To carry out: - Inspection and measuring of the goods subject to declaration, including prior to submission of customs declaration; 4
5 - With the permission of the customs authority, sampling of the goods subject to declaration. 9.1.1.6. Upon the request of the customs authority, to carry out at your expense transporting, weighting or other determination of commodities quantity, loading, unloading, reloading, repair of damaged packaging, opening of packaging, packing or repacking of commodities subject to customs clearance; 9.1.1.7. In forms, not contradicting applicable legal standards, to carry out monitoring of timely and full payment of customs charges made by you (or by third parties under your instruction); 9.1.1.8. To carry out classification of commodities in relation to which we perform customs operations in accordance with the Commodity Classification of Foreign Economic Activity; 9.1.1.9. To use information, received from you, exceptionally for customs purposes, ensure compliance with stipulated by applicable legal standards prohibitions and restrictions on disclosure, use for own purposes and transfer to third parties and to relevant governmental authorities received from you information that constitutes commercial, bank or other secret, protected by law, as well as confidential information; 9.1.1.10. To provide you with all written requirements, orders and notices from customs authorities of necessity for you to perform certain actions or submit documents, if performance of the stated actions or submission of documents is stipulated by requirements of applicable legal standards, at latest twenty four (24) hours from the date, when we received these requirements; 9.1.1.13. To submit to the relevant customs authority: - Request on taking preliminary decision on classification of the goods in accordance with the Commodity Classification of Foreign Economic Activity in relation to the specific goods and on the country of the goods origin; - Application (appeal) for consideration of issues, related to application of special simplified procedures of customs clearance and/or to authorization for performance of certain customs operations or cargo operations in relation to declared goods; for obtaining of permission of the customs authority for conditional release of the goods; b) To ensure performance of veterinary, phytosanitary and other types of state control, carried out by relevant governmental authorities, in so far as it relates to the goods that are declared by us; us. c) To carry out other actions, related to relevant customs operations subject to performance by 9.2. You shall undertake to provide reliable information in relation to exportation and importation of the goods. You should know that in case you provide unreliable or misleading information on the goods or contents thereof, they may file a civil claim against you, and/or you may be brought to administrative, criminal or other responsibility, wherefore punishment, administrative penalty or other sanction may be imposed on you, including forfeiture and sale of your goods. We may voluntarily assist you in performance of customs clearance and other procedures, but it will be at your sole risk. You shall undertake to indemnify us for losses and satisfy any reasonably brought against us claims, which may arise in connection with the information you provide to us, to indemnify us for any expenses we may
incur due to the above-mentioned and pay any administrative, legal and other fees, related to provision of services, stipulated by these terms and conditions 9.3. Any customs duties, taxes (including, but not limited to, Value Added Tax, if applicable), penalties, storage charges or other expenses, which we may incur in consequence of actions of customs or other governmental authorities or due to your failure and/or consignee s failure to provide a proper list of documents, and/or to obtain the required licence or permit, will be charged to your and/or the consignee. You shall assume payment of customs charges and duties, as well as administrative, legal and other fees, connected with additional work, and any other incurred extra costs in the event that we issue an invoice to the consignee, but the consignee refuses to pay customs charges and duties. Upon our first request you shall undertake to provide a proper guarantee (bank guarantee, prepayment, earnest or letter of credit) for payment of any duties, taxes, penalties, storage charges and other expenses, stipulated by this clause. 9.4. We will make all necessary efforts to expedite the process of customs clearance, however we shall not bear responsibility for any delay, loss and damage that may happen in consequence of actions of customs or other governmental authorities. 10. INCORRECT ADDRESS AND INDICATION OF ADDRESS AS A P.O. BOX NUMBER 10.1. If you indicated incorrect address, and we fail to deliver the goods due to this reason, we shall undertake to make reasonable efforts to find the correct address. We shall undertake to inform you about readressing and will further deliver or attempt to deliver your goods to the correct address. As the result of readdressing, additional charges may apply. 10.2. We shall not accept goods for delivery to addresses, indicated as P.O. boxes, and if there is stated only telephone (fixed) number of the consignee. You agree that in case we fail to perform delivery to the consignee at the first attempt, we may transfer the goods for delivery by post; as this takes place, a postal receipt will be sufficient proof of delivery. 11. DELIVERY OF YOUR SHIPMENT 11.1. If it is impossible to transfer the goods to the consignee for whatever reason, we will try to leave a notice at the consignee s address with the information about an attempt to deliver the goods and the whereabouts thereof. If upon the second attempt to deliver the goods, we fail to transfer it to the consignee or the consignee refuses to accept them, we will try to contact you to agree on further actions. You shall undertake to pay any expenses we incur due to readdressing, disposing or returning of the goods, as well as our further attempts to deliver the goods and relevant subsequent actions. If we fail to receive your or the consignee s instructions within reasonable period of time after our second attempt to deliver the goods, we shall reserve the right, at our discretion, either to annihilate, or to sell the contents of the goods without any responsibility for us, or to return the goods to you at your expense. Special delivery instructions 11.2. You or the consignee of the goods may give us special instructions (through placement thereof at DENIL`S website or in any other way) to deliver the goods to another point of destination/person (which, for example, is a neighbouring address/person) or the consignee may indicate its wishes regarding collection of the goods from a location, which should be approved by us. In the event that you 6
and we have reached an agreement on possibility to follow your special instructions, the following provisions shall apply: 11.2.1. Our confirmation of delivery to another person and/or to another address shall be confirmation of delivery of your goods; 11.2.2. You agree to pay us any costs related to provision of services, stipulated by this paragraph. 12. YOUR OBLIGATIONS You shall declare, represent, guarantee and undertake that: 12.1. The contents of the goods (including, among other things, weight and number of items) has been properly described in DENIL`S Consignment Note, correctly labelled and the labelling has been securely fixed by you and properly placed on the outer surface of the packaging of the goods in such a way that it may be easily seen; 12.2. The consignee s contact details have been fully, accurately and legibly stated in DENIL`S Consignment Note and on the address label, which should be properly placed by you on the outer surface of the packaging of the goods in a prominent position; 12.3. The contents of the goods have been prepared and safely and carefully packed in order to safeguard against ordinary risks during transporting or provision of other services, including sorting and/or handling of the goods by authorized persons. 12.4. The weight of the goods has been precisely specified and, if necessary, you will provide special equipment for loading or unloading thereof from a vehicle; 12.5. You have securely fixed labelling for the heavyweight goods on the outer surface of the package of the goods in a prominent position, if the goods weigh 30 kilograms and more; 12.6. The goods do not contain prohibited items and are not prohibited in accordance with the International Air Transport Association (IATA) Dangerous Goods Regulations, Civil Aviation Organization (ICAO) Technical Instructions, International Maritime Dangerous Goods Code, European Agreement Concerning the International Carriage of Dangerous Goods by Road, and neither you, nor a consignee is a person or organization, wherewith we or you may not lawfully co-operate in accordance with the applicable legislation or rules; 12.7. You will pay in full our services on carriage and other expenses within seven (7) days from the date of invoicing, in case the consignee or a third party refuses to make payment; 12.8. All standards and rules subject to application have been observed; 12.9. Along with the goods, you have provided an appropriate commercial invoice, invoice, bill, bill of parcels or other similar document, relating to the goods (containing correct address for invoicing and relevant INN (TIN), true and precise description of the contents of the goods, code, which is the first six (6) digits of the code according to the Harmonized Commodity Description and Coding System. 12.10. You have taken all reasonable measures to comply with all conventions, guidelines and legislation in relation to protection of personal data, including, if practicable, encryption of personal 7
data to ensure safety of personal data in case of loss of goods or delivery thereof to the incorrectly indicated address; 12.11. The cost of the goods does not exceed 25, 000 Euros. You shall undertake to secure us against any responsibility that may be imposed on us, as well as to reimburse expenses, losses or costs, including legal expenses, arising due to the fact that you or someone associated with you violated any of the mentioned statements, presentations, obligations and guarantees, even if we have inadvertently accepted the goods upon violation by you of your obligations. 13. LIABILITY Liability during carriage and forwarding 13.1. Subject to the provisions of Clause 14, we shall limit our liability for any loss, damage or delay of the goods or a part thereof in connection with carriage by the following way: 13.1.1. Provisions of the Warsaw Convention of 1929, or provisions of the Warsaw Convention, as amended by the Hague Protocol of 1955, or provisions of Montreal Protocol No. 4 (1975), or provisions of the Montreal Convention of 1999 (not ratified by the RF), no matter which of the listed documents is applicable, shall apply, if carriage of your goods, fully or partially, is carried out by air and a final point of carriage or a stop falls to the country other than the country of the beginning of carriage by air. These International Conventions govern and limit our liability for loss, damage or ill-timed delivery of your goods to 19 special drawing rights per 1 kilo of the goods. 13.1.2. If carriage of your goods is carried out by road transport to, within or from a country, which is a party of the Convention on the Contract for the International Carriage of Goods by Road of 1956 (hereinafter - CMR), our liability for any loss and damage of your goods or a part thereof shall be governed by the CMR and limited to 8.33 special drawing rights per 1 kilo of the goods. In case of delay in delivery of your goods, provided that evidence of the damage will be duly confirmed by you, our liability shall be limited to refunding to you the amount of money you have paid us for carriage in relation to those goods or a part thereof, delivery of which was delayed. 13.1.3. If carriage of your goods is carried out by road transport to, within or from a country, which is not a party of the CMR or between two countries, none of which is a party of the CMR, our liability for any loss and damage of your goods or a part thereof shall be governed by other applicable international act, but in its absence by the Russian substantive law. In case of delay in delivery of the goods, provided that evidence of the damage will be duly confirmed by you, our liability shall be limited to refunding to you the amount of money you have paid us for carriage, in relation to those goods or a part thereof, which was delayed, if another limitation of liability is not stipulated by the Russian substantive law. 13.1.4. If none of the above-mentioned provisions in 13.1.1-13.1.3 is applicable, in the presence of our fault, we shall be liable for any loss, damage, delivery to the incorrectly indicated address, non-delivery of your goods or a part thereof in the amount of what is the minimum, i.e. either the market value of the goods at the time of carriage, or the price of possible sale of the goods or a part thereof. In case of ill-timed delivery of your goods, our liability shall be limited to the amount of money you have paid us for carriage of the goods or that part thereof, which was delayed, provided that you can duly prove that you have suffered losses due to ill-times delivery, if another limitation of liability is not stipulated by the Russian substantive law. 8
9 Liability upon provision of other services 13.2. Except for the cases, mentioned in Clause 14, in the presence of our fault, we shall be liable in relation to provision of other services, and our liability at all times shall not exceed 10, 000 Euros per event or series of events, connected with one cause or similar causes of losses, or in case of loss or damage of the goods, our liability shall be limited to the minimum, i.e. either to the market value of the goods at the time of carriage, or to the price of possible sale of the goods or a part thereof, however the amount of reimbursement in each case may not exceed 3.40 Euros per one kilogram of the goods, but maximum 10, 000 Euros per event or series of connected events. 14. LIMITATION OF LIABILITY 14.1 We shall not be liable for any loss of profits, including, but not limited only to this, for any loss of income, gain, markets, reputation, customers, opportunity to use the contents or any other opportunity, even if we had knowledge that you might suffer such losses, as well as for any indirect losses, contingencies, special types of damage, howsoever relating, among other things, to breach of terms and conditions of the contract, negligence in actions, carelessness or wilfulness. 14.2. We shall not be liable for failure to fulfill our obligations to you that took place as a result of: 14.2.1. Circumstances beyond our control such as: - Acts of God, i.e. earthquakes, cyclones, storms, floods, fires, epidemics, fogs, snowfalls, frosts etc; - Force majeure circumstances, including, but not limited to, wars, disasters, acts of public enemies, strikes, embargoes, realization of risks, typical for air carriage, local conflicts and actions of civil disobedience; - Malfunctions in networks of local and national air and ground traffic, technical problems in transport and in equipment; - Latent defects or inherent vice in the contents of the goods; - Criminal acts of third parties such as theft and arson. 14.2.2. Performance by you or third parties actions (omissions), such as: - Non-fulfillment of your obligations under these terms and conditions, in particular, failure to comply with the provisions of Clause 11, and actions of a third party, claiming its interest in relation to the goods, may cause such circumstance; - Actions or omission of customs authorities, employees of airlines and airports or public officials. 14.2.3. The fact that the contents of the goods are prohibited items, and provisions of this paragraph on elimination of liability shall be applied also in the case, when we have accepted the goods for carriage by mistake. 14.2.4. Our refusal to make any illegal payments on your behalf. 13.3. Our activity is not carriage by common carrier, and we may not have relevant liability.
10 15. VALUABLE ITEMS We shall not send through our network delivery system valuable items, such as precious stones and metals, jewellery, bank notes, negotiable instruments, unsecured furniture, articles of glass or porcelain, objects of art, antiques and such important documents, as passports, competitive proposals, share and option certificates, because the goods undergo mechanical handling and automatic sorting, as well as multiple transhipments, which may cause damage or loss. If, in spite of all this, you sent or forced us to send the above-mentioned items, all risks, including, but not limited to, risk of damage or destruction of the goods and delay of delivery thereof, shall fall on you. 16. PROCEDURE FOR PRESENTATION OF CLAIMS If you wish to present us your claim for loss, damage or delay of the goods or to require reimbursement of other losses, you should strictly comply with the rules of the applicable Convention and the following procedure, otherwise we reserve the right to reject consideration of your claim: 16.1. You should notify us in writing about the loss, damage or delay of the goods within 21 days (i) after delivery (ii) from the date, when the goods should have been delivered, or (iii) from the date, when you should have become aware of the loss, damage or delay in delivery, if the claim concerns provision of other services. 16.2 You should confirm your claims, sending us all documents, relating to the goods and/or the loss, damage or delay thereof within 21 days from the date, when we have become aware of your claim. 16.3. We shall not be obliged to take actions on satisfaction of the claim until our services on carriage have been paid. Nor you shall be entitled to deduct the amount of the loss from the charge for services on carriage. 16.4. We shall consider the goods were delivered in good condition, if only the consignee states otherwise in our delivery record, when receiving the goods. In order for us to consider a claim for damage of the goods, you should present the contents of your goods and the original packaging for inspection. 16.5. Unless otherwise provided by the applicable convention or Russian substantive law, limitation of action shall be established for the period of one year from the date of delivery of the goods or from the date, when the goods should have been delivered, or from the date, when carriage stopped, or within one year from the date, when you should have become aware of the loss, damage or delay during provision of other services. 16.6. In case we accepted a part or all your requirements, you shall guarantee us that your insurers or any other persons, having an interest in the goods, will waive rights, reimbursements and remedies, to which they might pretend. Otherwise, you shall undertake to reimburse us for expenses, losses and other property losses, which, directly or indirectly, will be caused by the fact that your insurers or any other persons, having an interest in the goods, will not waive rights, reimbursements and remedies, to which they might pretend. 16.7. The goods shall not be deemed lost, until at least 30 days have elapsed from the date, when you notified us of the non-delivery of the goods. We may reduce this period, having signed an agreement with you.
11 17. RATES AND PAYMENT 17.1. You shall undertake to pay carriage of the goods (including applicable surcharges) between points, specified in DENIL`S Consignment Note, shipping operations or provision of other services within seven (7) days from the date of invoicing without any withholdings, limitations and counterclaims at the price, which shall be calculated in accordance with current DENIL S Rates, plus value added tax. 17.2. You shall waive the right to challenge our invoices, if you have not declared about your doubts in writing within seven (7) days from the date of invoicing. 17.3. The cost shall be calculated in accordance with the rates applicable to your carriage, established in current DENIL S Rates. 17.4. Calculation of the cost shall be made in accordance with the physical or volumetric weight of the goods, whichever is the higher, and the volumetric weight shall be calculated in accordance with the formula set out in current DENIL S Rates. We shall have the right to check the weight and/or volume and/or the number of items of your goods, and if we find discrepancies between your declared weight and/or volume and/or number of items, you agree that weight and/or volume and/or number of items, determined by us, will be used for the purpose of the cost calculation. 17.5. All import duties, value added tax and all other charges that are imposed on the goods in the destination country, should be paid by the consignee upon delivery of the goods. If the consignee refuses to make payment, you shall undertake to pay all charges in full within seven (7) days from the date of our notice to you of the fact that the consignee refused to pay. 17.6. You agree that we shall have the right to require payment of interest on all invoices not paid within seven (7) days from the date of invoicing at the rate of 0.07% of the invoice amount for each day of delay in payment. You agree to pay our reasonable expenses on collection of the invoiced amounts, not paid within seven days from the invoicing date. 17.7. Additional charge may be collected in some countries during performance of customs clearance, which may require performance of the following formalities: 17.7.1. Completion of the customs declaration in relation to more than three names of commodities; 17.7.2. Performance of operations under customs supervision, including carriage under customs supervision; 17.7.3. Storage at temporary storage warehouse; 17.7.4. Obtaining of permits and licences at governmental authorities, necessary for customs clearance etc. In some countries, we may make payment of customs duties, taxes and penalties, stipulated by customs legislation, or enter into customs bond on behalf of the importer; in this case, the consignee will have to reimburse all expenses related to payment of customs duties and taxes. In the event of refusal of the consignee to pay, you shall undertake to reimburse all our expenses. 17.8. You may require to grant you other conditions for payment of invoices or you may agree with the consignee or third party that he/she will pay our services and/or any duties, taxes, dues and fees, costs, surcharges, penalties, customs bonds, collected or paid by us in connection with the carriage. If the
consignee or a third party refuses to make payment or reimburse us any of the above-mentioned expenses, you shall undertake to pay them within seven (7) days from the date of our notice of refusal to pay. 17.9. Our invoice shall not include a copy of the Proof of Delivery, which, by agreement, may be provided in a digital or electronic form and other additional documents. 17.10. You agree that an invoice, notice, announcement and any other information, which we send you by E-mail, shall be deemed duly sent and in written form, provided that such invoice, notice, announcement and any other information has been sent you by us from the E-mail address, set out on the official website of the company and/or of the parties of DENIL`S group, in the country of departure of the goods to your E-mail address, specified by you in DENIL`S Consignment Note. 17.11. Our invoices should be paid in the currency, stated in the invoice or in any local currency as per exchange rates provided by us. 17.12. We shall be entitled, in case of failure to timely fulfill obligations on payment of carriage of the goods that are in our possession and subject to transfer thereof or reimbursement of expenses and other losses related to carriage, retain the goods until fulfillment of the relevant obligation. We shall have the right of claim with regard to retained by us item, as well as the right for satisfaction of our claims from the cost of the goods. 17.13. You shall undertake to pay all charges, taxes, dues and fees, including duties that are applicable subject to the carriage or other services, as well as in connection with issuance of documents, including the Consignment Note. 18. COURT PROCEEDINGS 18.1. Invalidity of any part of the contract on carriage shall not cause invalidity of other parts thereof. 18.2. Except for cases stipulated by any of the applicable conventions, disputes arising between you and us with regard to or in connection with the carriage or provision of other services shall be subject to consideration in accordance with the arbitration or civil procedural law of the Russian Federation or in the Court of Arbitration of the Russian Federation, or in Vasileostrovsky District Court of St. Petersburg, or at the Justice of the Peace of judicial district No. 16 of the city of St. Petersburg. 18.3. These terms and conditions have been originally made in Russian, but may be translated into another language. In case of discrepancies in interpretation of these terms and conditions between the text thereof in Russian and the text in any other language, the text of these terms and conditions in Russian shall take priority. 19. SCOPE OF APPLICATION 19.1. These terms and conditions shall apply to relations between you and us, so far as otherwise provided by contracts and agreements between you and us. 19.2. The substantive law of the Russian Federation shall apply to relations between you and us that have not been settled by these general terms and conditions and by contracts and agreements between you and us. 19.3. If the applicable legislation of the Russian Federation on protection of consumers rights, including the Law of the Russian Federation On the Protection of Consumers Rights, applies to relations between 12
you and us, these terms and conditions shall apply to relations between you and us, so far as otherwise provided by the legislation of the Russian Federation on protection of consumers rights, including the Law of the Russian Federation On the Protection of Consumers Rights. 13