General Terms and Conditions

1. General Provisions and Definitions

1.1 These General Terms and Conditions (“GTC”) govern all freight forwarding and related logistics services provided by Polonia Baltic Cargo OÜ, registered office Tuulemäe tn 5, 11411 Tallinn, Estonia, registry code 17637440, registered in the Estonian Commercial Register (e-Äriregister) (“the Forwarder”), to its customers (“the Customer”; the Forwarder and the Customer together “the Parties”).

1.2 Definitions: “Forwarding Contract” means a contract under Sections 2471 et seq. of Act No. 89/2012 Coll., the Czech Civil Code, by which the Forwarder undertakes to arrange, in its own name and on the Customer’s account, the transport of goods; “Order” means the Customer’s request for services; “Goods” means the items to be transported; “Carrier” means a third party performing the transport; “CMR Convention” means the Convention on the Contract for the International Carriage of Goods by Road (1956, as amended).

1.3 Services are provided exclusively to entrepreneurs (B2B) within the meaning of Section 420 of the Civil Code. Provisions of consumer protection law do not apply.

1.4 By placing an Order, the Customer confirms that it has read and accepts these GTC. Deviating or supplementary terms of the Customer (including the Customer’s own purchase conditions) apply only if expressly accepted by the Forwarder in writing. In case of conflict, the order of precedence is: (i) individual written agreement, (ii) order confirmation, (iii) these GTC.

2. Scope of Services

2.1 The Forwarder arranges the transport of Goods, including in particular: selection and contracting of Carriers; route and schedule planning; issuing and handling transport documents; monitoring of shipments; arranging warehousing, transhipment and cargo handling; and, where agreed, representation in customs proceedings.

2.2 Unless expressly agreed otherwise in writing, the Forwarder acts as a freight forwarder (zasílatel), not as a carrier. The Forwarder is entitled to perform the transport itself (self-entry) pursuant to Section 2474 of the Civil Code; in such case the Forwarder has the rights and obligations of a carrier for that transport.

2.3 The Forwarder is entitled to use sub-forwarders (mezizasílatel) to perform its obligations.

3. Orders and Conclusion of Contract

3.1 Orders must be placed in writing (including e-mail or an agreed freight exchange platform) and must contain: exact description of the Goods (nature, quantity, gross weight, dimensions, packaging); value of the Goods where relevant; loading and unloading addresses, dates and time windows; contact persons; agreed price or price basis; and any special requirements (dangerous goods/ADR class, temperature control, oversized cargo, seals, insurance requirements, customs instructions).

3.2 The Forwarding Contract is concluded upon the Forwarder’s written confirmation of the Order (e-mail suffices). The Forwarder’s quotations are non-binding invitations unless expressly stated to be binding, and quoted prices are valid for 7 days.

3.3 The Customer is responsible for the accuracy and completeness of all information and documents provided. The Customer shall indemnify the Forwarder against all damage, costs, fines and third-party claims arising from incorrect, incomplete or late information or documents, or from defective packaging or labelling.

3.4 Dangerous goods: the Customer must notify the Forwarder in the Order of any Goods subject to the ADR or other dangerous goods regimes and provide all required documentation. The Forwarder may refuse or suspend handling of Goods not properly declared, at the Customer’s cost.

3.5 Excluded goods: unless expressly agreed in writing, the Forwarder does not arrange transport of cash, securities, precious metals and stones, works of art, live animals, human remains, weapons and ammunition, or illegal goods.

4. Prices and Payment

4.1 The price for the services is agreed in the order confirmation. Unless stated otherwise, prices are in CZK/EUR, exclusive of VAT, customs duties, taxes and other public charges, and exclusive of extraordinary costs (waiting time/demurrage, re-weighing, additional handling, storage, return transport), which will be charged additionally at documented cost plus an administration fee of X %.

4.2 The Forwarder is entitled to reimbursement of all necessary and useful costs incurred in performing the contract, and to advance payment where agreed.

4.3 Invoices are payable within 14/30 days of the invoice date, by bank transfer to the account stated on the invoice. The date of payment is the date of credit to the Forwarder’s account.

4.4 In case of default: statutory default interest under Czech law; a contractual penalty of 0.05 % of the outstanding amount per day ; suspension of further services until settlement; and reimbursement of recovery costs.

4.5 The Customer may set off against the Forwarder’s claims only counterclaims that are undisputed or finally adjudicated.

4.6 Lien: the Forwarder has a lien (zástavní právo) on the Goods pursuant to Section 2481 of the Civil Code as security for its claims arising from the Forwarding Contract.

5. Performance, Loading, Delivery

5.1 Transit times are estimates only and are not guaranteed unless expressly agreed as binding in writing.

5.2 The Customer shall ensure that the Goods are ready, properly packaged and labelled at the agreed loading time, and that loading and unloading places are accessible and adequately equipped. Waiting time beyond 2 free hours may be charged at rate per commenced hour.

5.3 Delivery is completed against confirmation on the transport document (CMR/delivery note). The Customer shall procure that the consignee inspects the Goods on delivery and records any visible loss or damage on the transport document.

6. Cancellation

6.1 The Customer may cancel an Order free of charge until the Forwarder’s confirmation.

6.2 After confirmation: cancellation more than 48 hours before scheduled loading – free of charge except third-party costs already irrevocably incurred; cancellation 24–48 hours before loading – cancellation fee of X % of the agreed price; cancellation less than 24 hours before loading or failure to present the Goods – cancellation fee of X % of the agreed price, plus documented costs. Statutory rights of the Forwarder remain unaffected.

7. Liability of the Forwarder

7.1 The Forwarder is liable for damage caused by breach of its obligations under the Forwarding Contract in accordance with the Civil Code, in particular for damage to Goods in its custody, unless it could not be averted even with professional care.

7.2 The Forwarder is not liable for the acts of Carriers; it is liable for professional care in their selection (culpa in eligendo). Claims against Carriers are governed by the applicable carrier’s terms and mandatory law; where international road transport is involved, the CMR Convention applies, including the liability limit of 8.33 SDR per kilogram of gross weight lost or damaged and the time limits therein.

7.3 To the maximum extent permitted by mandatory law, the Forwarder’s aggregate liability per shipment is limited to the freight forwarding fee for that shipment / amount, and the Forwarder is not liable for indirect or consequential damage, loss of profit, loss of market or contractual penalties incurred by the Customer towards third parties.

7.4 The Forwarder is not liable for damage caused by: incorrect, incomplete or late information or documents from the Customer; inadequate packaging or labelling; inherent vice or nature of the Goods; acts of the Customer, consignor or consignee; or force majeure (Section 12).

7.5 The Forwarder maintains freight forwarder’s liability insurance with our insurer, policy no. policy number available on request, coverage the insured limit. A certificate is available on request.

8. Cargo Insurance

8.1 The Forwarder arranges cargo insurance (pojištění zásilky) only upon the Customer’s express written instruction, specifying the insured value and risks, at the Customer’s cost. Absent such instruction, the Goods travel uninsured beyond the mandatory liability regimes described above.

9. Claims and Complaints

9.1 Visible loss or damage must be recorded on the transport document at delivery; non-apparent damage in international road transport must be notified in writing within 7 days of delivery (Art. 30 CMR); delay in delivery within 21 days of delivery.

9.2 Claims against the Forwarder must be submitted in writing to info@poloniabalticcargo.com without undue delay, with documentation (transport document, photos, commercial invoice, repair quotations). The Forwarder will acknowledge receipt within 5 business days and respond within 30 days.

9.3 Rights against the Forwarder arising from the Forwarding Contract become time-barred in accordance with the Civil Code; claims under the CMR Convention within one year (three years in case of wilful misconduct).

10. Customs Services

10.1 Where the Forwarder provides customs representation, it acts on the basis of a separate power of attorney as direct representative within the meaning of the Union Customs Code, unless agreed otherwise. The Customer is responsible for the accuracy of all data and documents for customs declarations and shall indemnify the Forwarder against duties, taxes, penalties and costs resulting from incorrect or incomplete information.

11. Sanctions and Export Compliance

11.1 The Customer represents that neither it nor the consignor, consignee or the Goods are subject to EU, UN, US or other applicable sanctions, embargoes or export restrictions. The Forwarder may refuse, suspend or terminate services without liability if performance would violate any sanctions regime, and the Customer shall bear costs already incurred.

12. Force Majeure

12.1 Neither Party is liable for failure to perform caused by extraordinary, unforeseeable and insurmountable obstacles beyond its control (natural disasters, war, terrorism, strikes, border closures, epidemic measures, cyber-attacks, acts of public authority). The affected Party shall notify the other without undue delay. If force majeure lasts longer than 30 days, either Party may withdraw from the affected Order.

13. Confidentiality and Data Protection

13.1 The Parties shall keep confidential all non-public information obtained in connection with the cooperation, including prices, business terms and customer data, during the cooperation and for 3 years thereafter.

13.2 Personal data are processed in accordance with the Forwarder’s Privacy Policy available at www.poloniabalticcargo.com/privacy-policy. Where the Parties act as independent controllers or where processing on behalf of the other Party occurs, the Parties shall conclude the required data processing arrangements.

14. Final Provisions

14.1 These GTC and all Forwarding Contracts are governed by the laws of the Czech Republic, in particular the Civil Code. Mandatory provisions of international conventions (in particular the CMR Convention) prevail where applicable. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

14.2 All disputes shall be finally resolved by the courts of the Czech Republic having subject-matter jurisdiction, with local jurisdiction of the court of the Forwarder’s registered office.

14.3 If any provision of these GTC is or becomes invalid or unenforceable, the validity of the remaining provisions is not affected; the Parties shall replace the invalid provision with a valid one closest to its economic purpose.

14.4 The Forwarder may amend these GTC. The version in force on the date of the Order applies to that Order. The current version is published at www.poloniabalticcargo.com/terms.

14.5 These GTC take effect on 20 July 2026.