1. These Terms of Trade form an inseparable part of the forwarding contract and it bindingly modifies the relationship, which arises between the forwarder and the mandator (i.e. the consigner or the consignee) during the provision of the transport of the consignment. The conclusion of a forwarding contract implies the agreement of the contractual parties to the wording of the Terms of Trade as they are stated hereafter. The mandator will be informed of the content and wording of the Terms of Trade prior to concluding the forwarding contract or the shipping contract and will accept these Terms of Trade without reservation. SCHENKER spol. s r.o. provides its services further in accordance with the current conditions for transportation, transhipment, warehousing and for Bills of Loading/Airwaybills of the carriers, shipping companies, airlines, harbour companies employed and/or represented by us to apply. Quotations are subject to confirmation, based also on the current General Terms of Trade SCHENKER spol. s r.o. and on the condition of normal, unchanged traffic and transit conditions, tariffs and current rates of exchange. The company is registered at the Commercial Court in Prague No. 61500780 part C file 30706. 
2. The provision of the transport of the consignment is understood to especially mean the following activities of the forwarder:
   a) taking delivery of the consignment to be transported
   b) the provision of the transport of the consignment from the place of receipt to the place of delivery
   c) the provision of the consignment to the specified recipient
   d) the repeated delivery of the consignment, if the initial attempt is unsuccessful
   e) the return of the undelivered consignment to the mandator
3. The provision of the transport of the consignment takes place from the designated starting point to the place of delivery as negotiated in the forwarding contract.

1. The forwarder stipulates that the consignments must not contain the following items:
   gold, silver, works of art, precious metals, bank notes, coins, live animals and organisms, plants, goods which are subject to fast deterioration, milk products, meat or meat products,  spirits = distilate, tobacco products, weapon, munitions, explosives, rackets, bombs and army transporters. These goods can only be transported under special agreement. These goods may only be transported after a special agreement has been reached.  
2. Dangerous goods – the mandator is obliged to inform the forwarder of any of the goods stated in ADR/RID/IMDG as per international conventions. If the mandator fails to properly declare these goods, the forwarder is authorised to refuse to freight the consignment. 
3. The mandator pledges to properly pack the consignment in undamaged packaging, while taking into consideration the character of the consignment, so that:
   a) the contents of the consignment are protected from damage during the regular or stipulated special handling of the consignment
   b) the consignment packaging allows the safe and regular manipulation of the consignment during transport
   c) the packaging includes the address of the recipient and, if the character of the consignment so requires, clear markings with regard to the manipulation of the consignment or warning labels for the special handling of the consignment as stipulated by the mandator.

1. The forwarder will provide the delivery of the consignments to the designated place within a standard delivery period according to the distance travelled or within a deadline agreed to with the sender. A standard delivery period is understood as being that period, in which the forwarder standardly delivers the consignment to the recipient, provided no special or unexpected situations occur during the provision of the transport of the consignment. 
2. If the delivery period is due to end during a weekend or on a state holiday, it will end at the same time on the following work day. 
3. The provisions of the previous two paragraphs do not apply in the case of the consignment being undeliverable after the first attempt at delivery. An undeliverable consignment is understood as being a consignment which cannot be delivered despite the exertion of all specialist care, because:
   a) the consignment recipient was not available at the designated place at the time of delivery
   b) the consignment recipient refused to confirm receipt of the consignment in writing
   c) the consignment recipient is not to be found at the designated place or has moved
4. An undeliverable consignment will be stored at the forwarder’s facility and, if repeated attempts at delivery continue to be unsuccessful, it will be returned to the mandator at the mandator’s expense without this affecting the forwarder’s right to compensation for the transport involved.

1. The forwarder is responsible to the mandator for a damage to the received consignment unless was not able to divert it even though special care was expounded and delinquency was caused by the circumstances excluding the responsibility. The  responsibility of the forwarder applies:
           a)    in case of selfentry (par. 605, section 1, Commercial Code)
           b)    to the role of transport operator
           c)    in case of arranging flat amount, rate for transport
           d)    if issueing own transport document, loading list as the forwarder
           e)    in case of arrangement with the mandator where forwarder binds to take care of the packaging
   The forwarder is as the carrier not, however, responsible for any lost profits or subsequent damages. Real damage is understood as      being that damage, which reduces the value of the mandator’s property as a result of damage events, which arise during the provision of the transport of the consignment. 
2. The forwarder is released from the responsibility for damages occurring to the received consignment, if:
   a) even by applying that amount of specialist care, which is usual in the commercial field of forwarding services, the forwarder could not have prevented the damage from occurring
   b) the damage results from a breach in the mandator’s responsibilities as they arise from the legal regulations, the forwarding contract and these Terms of Trade
   c) the damage is caused by a defect, by the natural character of the consignment or by defective packaging, which was pointed out to the mandator
   d) the mandator does not claim the damages from the forwarder within the deadline set in article  V, paragraph 2 of the Terms of Trade or if the mandator claims damages without submitting the necessary documentation for the complaints proceedings
   e) the damage is caused during manipulation, loading, storage, unloading of the consignment by the consigner, consignee or subjects acting on behalf of consigner or consignee
   f) the goods´ nature due to which whole or partial loss or damage underlies, i.e. breakage, rust, inner decay, dehydration, leakage, normal loss or insect/rodent activity  
3. The forwarder’s responsibility in case of exceeding confirmed delivery period when proved by the mandator that the damage occurred due to this reason is in an international land transport restricted by CMR conditions No.11/1975, up to the haulage limit.
4. The forwarder’s responsibility in case of exceeding confirmed delivery period when proved by the mandator that the damage occurred due to this reason, is in an international air transport  restricted by “certain rules notification of the international air transport agreement”  No. 123/2003 digest, i.e. up 17 SDR per kilogram.
5. The forwarder is not responsible for damages caused due to presumptive delivery period dishonour in sea transportation. Arrangement of the delivery period is not possible in sea transportation.

1. The mandator is obliged to draw up a written record of the damage to the consignment immediately after taking delivery of the consignment in cases where it is clear at first glance that the consignment is damaged. The incompleteness of the consignment or any other breach to it is also considered to constitute damage. The forwarder must be given the opportunity to inspect the extent of the damage in person and the further manipulation of the consignment must be undertaken according to the forwarder’s instructions.
2. The forwarder is not responsible for the haulier and any claims against the haulier must be undertaken by the mandator at his expense and in his own name. When applying these claims against the haulier, the mandator is obliged to cooperate, especially in the provision of documents relating to the consignment, its value and so on as the basis for the application of the claim against the haulier. 
3. If the damage to the consignment is not discovered according to the procedure stated in paragraph 1, the legal deadlines for the written notification of any damage and the maximum compensation is as follows:

   Valid delivery provisions	Complaint deadline – damages not ascertained upon receipt	Time limit for legal negotiations	Limited liability
   1. Sea freight The Haag – Visby provisions	3 days	1 year	666.7 SDR per package or 2 SDR per kg
   Hamburg Rules	15 days	2 year	835 SDR per package or 2 SDR per kg
   2. Air freight The Montreal Convention	14 days (in the case of a delay of up to 21 days)*	2 years	17 SDR per kilogram
   3. Rail freight COTIF	7 days	1 year	17 SDR per kilogram
   4. Road freight CMR – international freight	14 days (in the case of a delay of up to 21 days)*	1 year	8.33 SDR per kilogram
   5. Road freight Domestic freight	3 days	1 year	Real damage

4. As for the CMR conditions the period starts on the day of taking delivery of the consignment. Sundays and bank holidays are excluded.
5. The mandator is obliged to exercise his or her right to compensation for damages arising during the provided transport of the handover of the consignment to the recipient with written notification and according to the undermentioned limit for the legal negotiations. 
6. When exercising the right to compensation for damages from the forwarder, the mandator is obliged to unequivocally submit plausible written evidence as to the extent of the caused damage.

1. The forwarder declares owing all the necessary permissions and licences according to the Czech Republic´s current regulations and as a member of The Forwarders and Logistics Association ČR has a valid insurance covery its liability for damage occured in connection with its activities as a forwarder or a haulier (pursuant to valid CMR conditions) and eventual other permissions that entitle them to the activity prosecution according to this contract. The forwarder is obliged to handle such certificates/documents for inspection on a mandator´s request.
2. Upon the basis of a written request from the mandator, the forwarder may arrange for the additional insurance of the consignment during the transport (“cargo insurance”) above and beyond the framework of the consignment insurance required by law. This additional insurance will be against all risks and the forwarder will arrange it with his contractual insurance partner.
3. The rates for the additional insurance (“cargo insurance”) for individual types of transport are dependent upon the type of goods.
4. Additional consignment insurance (“cargo insurance”) does not apply to a faulty packaging, term transport, war and political crises.

1. Those relationships between the forwarder and the mandator, which are not modified by these Terms of Trade or in the provisions of the forwarding contract or the shipping contract, are subject to the provisions of the international and Czech freight regulations.
2. In the case of a court dispute, the mandator and the forwarder have agreed on the local jurisdiction of an objectively appropriate court according to the location of the forwarder’s registered office or at the Arbitration Court.
   

Date: 1. January 2010