Terms of Service

Article 1

1. Terms of service define rules governing express freight services rendered by ATS Transport Tomasz Sosnowski, (basis of operation - act dated 15 November 1984. Transport Law – uniform text in Journal of Acts dated 2000, no. 50, item 601 as amended, hereafter referred to as the Transport Law along with the regulation of the Ministry of Transport on the establishment of the state of freight and complaint procedure dated 24 February 2006 Journal of Acts dated 2006, no. 38.266 and act dated 12 June 2003. Postal Law, Journal of Acts no. 130, item 1188 as amended, hereafter referred as the Postal Law).

2. Rules for the execution of forwarding services by ATS Transport shall specify the General Terms for Freight Forwarding.

Article 2

For needs of these Terms of service the following terms shall have the following meaning:

* Courier – staff member of ATS Transport picking up a shipment from a Sender and delivering it to a Receiver.

* Freight Form – a document which is a confirmation of conclusion of contract for Shipment Service and Freight Deliverance.

* Collection Station – a location where the authorized person takes the shipment in order to perform the service. Tasks and functions of the courier shall apply mutatis mutandis to the Collection Station.

* Sender – an organizational unit without legal personality, a person or a legal entity which/who gives a shipment to a Courier in order to enable the latter performance of the contract of freight.

* Receiver - an organizational unit without legal personality, a person or a legal entity which/who is given a shipment delivered by the ATS Transport’s Courier in the framework of a contract for freight.

* ATS Transport – an entity registered entry in the Register of economic activities no. 574 dated 16.06.1998 and providing transportation services, transportation, shipping and freight forwarding domestic and international.

* Price List – the document which specifies the weight and dimensions of consignments including division into price categories.

* Client - an organizational unit without legal personality, a person or a legal entity which/who awards the ATS Transport an order to carry out transportation services, transportation, shipping or freight. The Client can be a Sender, a Receiver or third party.

* Transportation Service – a service provided by ATS Transport consisting in reception, dislocation and delivery of goods.

* Shipping Services – a service provided by ATS Transport consisting in agency of reception transportation and delivery of goods.

* Consumer – a natural person concluding the contract of Transportation service or Postal service by ATS Transport. This service shall not consider any lucrative activity.

Article 3

1. Scope of ATS Transport’s services includes reception, freight and delivery of consignments with a value of up 100.000 US Dollar in the area of European Union.

Article 4

The Price List is available for every Client on the Internet site, in a Collection Station or by couriers. ATS Transport reserves the right to change the Price List at any time of its choice.

Article 5

A consignment may be accepted for freight: in the Collection Station – the Sender delivers the consignment into an ATS Transport’s location, at Sender’s location – the consignment is picked up by the ATS Transport at the basis of the previous notification.

Article 6

1. The Sender is responsible for quality of a package of a consignment, adjusted to its content.

2. The Sender is obliged to pack every consignment in a way protecting goods from damages and assuring safety of other parcels at the time of freight and delivery. 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 by Courier or in a Collection Station)

3. In case of failure to meet the afore-mentioned recommendations, ATS Transport is entitled to refuse acceptance of a consignment.

Article 7

1. A Sender is obliged to place on a package his address and the address of a Receiver, which must be accordant with data entered into the freight form. If it is not possible the shipment must have other signs enabling identification of it (e.g. company’s tapes).

2. Address of a Sender/a Receiver must obligatory include name of the street, house no., flat no., telephone no., zip code, name of a city.

Article 8

1. ATS Transport does not approve consignment which contain: guns and ammo; FMCG, as well as products which require special conditions of freight; chemically and biologically active goods; animals, human residues and animal residues; cash and jewelry with a value of up 500zl/100GBP; 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. ATS Transport does not approve any consignments if the freight of it is infringement (particularly – infringement of reserved area).

2. In case of a sending of consignment which ATS does not approve to freight (referred to clause 1) a Sender is required to remedy the resulting from this damage completely (especially any damage due to the contamination of the environment).

Article 9

1. An evidence of conclusion of contract (transportation including postal service and consignment’s delivery) is ATS Transport Freight Form.

2. The value of a consignment on a Freight Form is declared by a Sender conform to included documents (e.g. invoice, bill etc.). In other cases a Sender must declare the value of a consignment.

3. A courier who accepts a consignment confirms on a Freight Form by its own and legible signature acceptance of a consignment by ATS Transport to ship it and to deliver it.

4. A Sender issues a Freight Form. A Sender 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, a Sender gives its consent to the price of the service offered by ATS Transport.

Article 10

1. According to a Client’s requirements, services rendered by ATS Transport are paid by the Sender, the Receiver or the Cient who is neither the Sender nor the Receiver.

2. In case a Client is a third party, the order must be submitted in writing. The Client may be a payer but he has to pay down payment of the total price, half of it minimum before the transportation or shipping service shall be executed.

3. In situations referred to in the clause 2 above, if the down payment was commissioned additional, the amount of this payment will be passed to the Client’s Bank account, according to data of the Freight Form.

Article 11

1. Content of consignment may be examined by ATS Transport at any time from the moment a consignment has been accepted to freight to the moment it is delivered to a Receiver in order to confirm its real content and description entered into the Freight Form.

2. Examination is carried out in the presence of a Sender or – if it is not possible – in the presence of third party invited by ATS Transport. Examination is carried out according to provisions of the Transport Law and Postal Law and other regulations based on the binding law.

3. Discrepancies referred to in the clause 1 make basis to refuse shipment by ATS Transport or to amend terms and conditions of contract for freight.

Article 12

1. The major principle of ATS Transport is to deliver consignments to Receivers under the address indicated in the Freight Form.

2. The Client may require in the Freight Form reception of the consignment by a Receiver in ATS Transport collection station – so called – personal collection.

3. In case of an absence of a Receiver, the courier leaves an advice 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.

4. The storage period of a consignment subject of the advice note in ATS Transport’s facility is 7 days starting from a second date of a planned delivery.

5. After the term described in the clause 4 above and no reply from the Receiver, ATS Transport gives the consignment to the Sender back.

6. In case of refusal of a consignment by a Receiver or incorrect address of a Receiver ATS Transport shall also return the consignment.

7. In case when service rendered by ATS Transport is to be paid by a Receiver and a consignment has been returned to the Sender, the performed service must be paid by the Sender.

8. ATS Transport reserves the right to count a charge for a consignment which is returned to the Sender.

Article 13

1. A Receiver confirms acceptance of a consignment by his/her own and legible signature at the Freight Form, confirming in this way, properness of rendered service. In case of a receiving by a legal entity or an organizational unit the acceptance of a consignment is performed by an authorized person.

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 the Freight Form and after making a payment arising from the Freight Form.

Article 14

1. If ATS Transport’s courier, during delivering a consignment, finds out it is damaged or there is a deficiency, shall promptly make a report on damage by itself.

2. A report on damage may also be required by a Receiver if he/she has found damage to a consignment or deficiency. The report must be signified by the ATS Transport’s representative and the Receiver. The Receiver has the right to the report in 7 days starting from the date of delivery.

3. Performance of a service is considered as unsuitable if trough ATS Transport fault the consignment is delivered to late, the consignment is damaged or marks any deficiency. Performance of a service is also considered as unsuitable if the consignment is lost. A consignment shall be considered as lost if it is not delivered within 30 days of the expiry of the time limit indicated at the Freight Form.

Article 15

1. ATS Transport’s responsibility to Customers arising from the loss, damage or deficiency to a consignment and the delay in service’s performance is in accordance with the Transport Law or the Postal Law.

2. ATS Transport’s responsibility to other Clients arising from the loss, damage or deficiency to a consignment is limited and cannot exceed 500 zl/100GBP.

3. ATS Transport is not responsible for a loss, damage, deficiency to a consignment contained any goods mentioned in article 8.

4. ATS Transport offers an insurance of consignment which price is conform to the Price List and shall be paid by the person who pays for the service.

5. The main conditions of the insurance contract for the benefit of third party, stipulated between ATS Transport and Insuring Company shall be made available upon request.

6. A Sender quoting a value of a consignment in a Freight Form gives his/her consent to insure the consignment under terms and conditions stipulated in a contract between ATS Transport and Insuring Company.

7. In case of no value of a consignment quoted in a Freight Form the consignment shall be insured up to 500zl/100GBP. ATS Transport carries a responsibility of real value of consignment or of a loss, damage or deficiency to a consignment (responsibility of ATS Transport is limited stipulated in the clauses 1 and 2).

8. For delayed delivery and consequences resulting of it, liability – after considering of complaint – shall be incurred by ATS Transport up to 50% of transport’s charge (basic charge of transportation), acc. to current Price List.

9. For damage resulting of delayed delivery, ATS Transport – after considering of complaint – shall pay compensation in value of 100% of surcharge paid for the performance of service.

10. ATS Transport shall not be liable for a lost profits or incomes of a Sender, a Receiver or third parties arising for failure to perform or improper performance of a service by ATS Transport. By the Customers shall be required clause 1.

11. With stipulation of clause 1 ATS Transport shall not be liable for package of goods as an element of consignment, if this package is a unique consignment’s package and damage was a result of loading or other activities necessary by service’s performance.

12. ATS Transport shall not be liable for any inscriptions at the Client’s documents which must be returned to the Sender in framework “return of document”

13. Amount of indemnity for a loss, damage, deficiency to a consignment must not exceed 500 PLN or the real value of consignment.

Article 16

1. Basis to commence a complaint is submission of a complaint in writing including amount of a claim and sending original of documents: a freight form, a report on damage made at presence of a ATS Transport’s employee and signed by both parties, an invoice/ a bill or any other document stating value of goods in consignment.

2. Terms and conditions of a complaint as well as a detailed way how a complaint is processed are stipulated by relevant provisions set out in the Transport Law (Journal of Acts dated 24 February 2006, no. 38, item 266).

Article 17

1. The administrator of personal data of natural person ordering the execution of the services stipulated by these terms and conditions is ATS Transport based in Bialy Bor, Bobolicka 18, 78-425 Bialy Bor. The data are processed in order to the conclusion of the contract and services performance. The Customer has the right to free access to his data, and to correct

them. Provision of data is voluntary, but without these data it would be impossible to conclude the contract and to perform the service.

2. To all matters not regulated herein provisions of the law dated 15 November 1984 Transport Law shall apply (uniform text in Journal of Acts dated 2000, no. 50, item 601 as amended) and provisions of the law dated 12 June 2003 Postal Law, Journal of Acts no. 130, item 1188 as amended) and the Civil Law.

3. This regulation shall enter into force on 01 January 2010.