Terms of service - DCS freight services

§1

Terms of service define rules governing freight services rendered by DCS Domestic Courier Service s.c. / basis of operation - act dated 15 November 1985. Transport law - uniform text in Journal of Acts dated 2000 no. 50, item 601 as amended, hereafter referred to as the Transport Law.

§2

For needs of these Terms of Service the following terms and expressions shall have the following meaning:

• DCS - an entity rendering services consisting in freight of consignments
• DCS carrier - a partner of DCS picking-up a shipment from a Sender and delivering it to a Receiver.
• Freight form - a document which is a confirmation of conclusion of a contract for freight
• Sender - a person, who gives a shipment to a DCS carrier in order to enable the latter performance of the contract for freight
• Receiver - a person, who is given a shipment delivered by the DCS carrier in the framework of a contract for freight
• Client - a person, who awards the DCS an order to carry out the shipment service. A client can be a Sender/Receiver or a third party.

§3

Scope of DCS' services includes reception, freight and delivery of consignments in the area of the country.

§4

Weight and dimensions of consignments (including division into categories) as well as terms of deliveries are set out in the DCS services price list available for every Client in all DCS' locations.

§5

A consignment may be accepted for freight:

• in a Collection Station - the Sender delivers the consignment into a DCS' location by himself/herself
• at Sender's location - a parcel is picked up by the DCS carrier at the basis of the previous notification

§6

1. The Sender is responsible for quality of a package of a consignment (adjusted to its content).
2. A Client is obliged to pack every consignment in a way protecting goods from damages and assuring safety of other parcels at the time of freight. Package should be:
   • properly closed, in a way disabling possibility to access the goods
   • strong enough; adjusted to weight and content of a consignment
   • properly protected from inside in a way disabling movement of the consignment's content
   • properly marked with symbols in case of a special type consignment, e.g. - be careful - glass inside, up/down (symbols can be applied at Sender's location or in a Collection Station)
3. In case of failure to meet the afore-mentioned recommendations, DCS is entitled to refuse acceptance of a consignment.

§7

1. A Client is obliged to place on a package name and data of a Receiver, which must be accordant with data entered into the freight form / the shipment must have other signs enabling identification of it (e.g. company's tapes).
2. Address of a Client must obligatorily include - at the freight form, name of a street / house no. / flat no. / zip code / name of a city.

§8

1. DCS does not approve consignments which contain:
   • private correspondence
   • cash, shares, other documents of payment nature
   • valuable objects / jewelry, pieces of art, antiques, valuable coins etc.
   • guns and ammo
   • FMCG, as we as products, which require special conditions of freight
   • chemically and biologically active goods
   • animals, human residues and animal residues
   • drugs and psychotropic substances
   • drugs requiring special conditions of the freight
   • other goods which, due to their attributes, can be a hazard for people, who have a contact with them, or which can damage other consignments
   • other goods, freight of which is prohibited on the grounds of valid legal regulations.
2. DCS also does not approve so called CODs, when DCS charges payment for a shipment in the name of a Client and hands over it to the Client.

§9

1. An evidence of conclusion of contract for freight is DCS freight form.
2. The freight form is filled by DCS carrier, which picks up the consignment, acc. a tariff of services regarding the consignment received from a Sender.
3. A carrier, which accepts a consignment, confirms on a freight form (by its own and legible signature) acceptance of a consignment by DCS to ship and to deliver it.
4. A Client, by signing of the freight form (by its own and legible signature) confirms the shipment data and familiarization with these Terms of Service. In this way he/she gives its consent to the price of the service offered by DCS.

§10

1. Acc. to a Client's requirements, services rendered by DCS are paid by the Sender or a third party ordering a freight.
2. In case a Client is a third party, the freight form must be submitted in writing. In such a case the service is always paid by a Client.
3. In certain exceptional cases DCS may give its consent for payment for services rendered by the DCS by a Receiver. In case when a Receiver of a consignment fails to pay any of its liabilities acc. to these Terms of Service, full responsibility shall be incurred by a Client.
4. Original of a freight form is intended for a Sender. Original of a bill or VAT invoice is intended for a payer.
5. One of copies of the freight form is intended for DCS.
6. Other copies of the freight form are for DCS disposition.

§11

1. Content of a consignment may be examined by DCS at any time from the moment a consignment has been accepted to the moment it is delivered to a Receiver in order to confirm its real content and description entered into the freight form. In particular, the examination may concern:
   • whether declared value of a consignment corresponds to a real value of goods inside it
   • whether content of a consignment does not concern §8 of these Terms of Service
   • whether package and internal protection of goods is proper.
2. Examination is carried out acc. to provisions of the Transport Law and other regulations based on the binding law.
3. Discrepancies referred to in the clause 1 make basis to refuse shipment by DCS or to amend terms and conditions of a contract for freight.

§12

1. Estimated term of a delivery to a Receiver in the area of a country is stipulated by present DCS price list.
2. DCS carrier delivers a consignment into the Receiver's address entered into the freight form.
3. A Client may require, in the freight form, reception of the consignment by a Receiver in a DCS collection point - so called "personal collection".
4. In case of an absence of a Receiver, the DCS carrier leaves an advise note with a term of re-delivery of the consignment, and optional information where and when the consignment can be picked up personally by the Receiver if the re-delivery term cannot be met by the Receiver.
5. Free of charge storage period of a consignment subject of the advice note in DCS's facility is 7 days starting from a date of a planned delivery. At the period in question DCS is obliged to try to deliver the consignment again.
6. In case of refusal of a consignment by a Receiver or incorrect address of a Receiver, the DCS carrier shall return the consignment to the Sender after previous agreement on a return with the Sender.
7. In case when service rendered by DCS is to be paid by a Receiver and a consignment has been returned to the Sender, the performed service must be paid by a Client.

§13

1. A Receiver confirms acceptance of a consignment (by his/her own and legible signature and reception date) at the freight form, confirming - in this way - properness of rendered service.
2. All remarks regarding performance of a service or condition of received consignment must be recorded at a freight form by a Receiver at the moment the consignment is being accepted.
3. A Receiver may open received parcel after confirmation of a reception of it at a freight evidence and after making a payment arising from the freight form, if he/she is obliged to do so acc. to §10 clause 3.

§14

If a Client has no scales which can be used to weight a consignment during reception the consignment will be weighted and valued at DCS' warehouse.

§15

1. 1. If DCS carrier, when delivering a consignment, finds out it is damaged or there is a deficiency, will promptly make a report on a damage by itself.
2. 2. A report on a damage may also be required by a Receiver if he/she has found a damage to a consignment or a deficiency.

§16

1. A Client, quoting a value of a consignment in a freight form gives his/her consent to insure the consignment by DCS under terms and conditions stipulated in a contract for insurance between DCS and an insuring company.
2. In case of no value of a consignment quoted in a freight form the consignment shall be insured up to PLN 100.

§17

1. For a loss / damage / deficiency to a consignment occurring as from the moment it has been accepted by a DCS carrier till it is delivered, or for delayed delivery (with exception of occurrences set out in clause 2 and 4 §17) liability shall be incurred by the DCS.
2. DCS shall not be liable for a loss / damage / deficiency to a consignment or for a delayed delivery, if they are caused by:
   • (fault) of a Sender / Receiver / Client
   • attributes of goods
   • force majeure
   • other occurrences not caused by DCS
3. Amount of an indemnity for a loss / damage / deficiency to a consignment must not exceed PLN 100.
4. DCS shall not be liable for lost profits or incomes of a Sender / a Receiver or third parties arising for failure to perform or improper performance of a service by the DCS.

§18

1. In order to assure efficiency of freight services, DCS is entitled to store and to hand over data regarding DCS' clients to companies cooperating with the DCS, also abroad. Central database management aims to extend service range and to prepare potential new offers.
2. If necessary, DCS is entitled to hand over data regarding DCS' clients to national bodies, in particular, customs services.
3. A Client / Sender gives its consent to store, process and to hand over the afore-mentioned data by signing a freight form.

§19

In order to secure claims arising from the contract for freight, the DCS reserves its right to pledge a consignment acc. to the Art. 57 of the Transport Law.

§20

1. All complaints related to non-performance or improper performance of the contract for freight can be submitted in all of DCS' facilities.
2. Entities entitled to make a complaint are Sender / Receiver / Client.
3. Basis to commence a complaint procedure is submission of a complaint in writing, including amount of a claim, and sending a copy of:
   • a freight form
   • a report on damage made at presence of a DCS' employee
   • an invoice / a bill or any other document stating value of goods in a consignment.
4. Terms and conditions of a complaint as well as a detailed way a complaint is processed are stipulated by relevant provisions set out in the Transport Law.

§21

A Sender / Receiver / Client is not entitled to offset claims for any previous / present / future liabilities against DCS.

§22

Provisions of these Terms of Service may be amended in form of individual and other contracts or agreements concluded with DCS.

§23

To all matters not regulated herein provisions of the law dated 15 November 1984 Transport Law shall apply (uniform text Journal of Acts dated 2000 no. 50, item 601 as amended) and provisions of the Civil Law.