General Terms and Conditions

SET Logistics s.r.o., Mládežnícka 213/38

Považská Bystrica 017 01, Company ID: 56 372 612

Article I

Basic provisions

1. These General Terms and Conditions of the Sender (hereinafter referred to as the "GTC" in the relevant grammatical form) are issued by SET Logistics s.r.o., Mládežnícka 213/38

2. Považská Bystrica 017 01, Company ID: 56 372 612 Slovak Republic, with the aim of regulating the rights and obligations of the parties to the contract for the carriage of goods (hereinafter referred to as the "contract of carriage" in the relevant grammatical form), which is concluded by SET Logistics s.r.o.

3. 2 (hereinafter referred to as the "Consignor" in the relevant grammatical form) and a natural person, legal person and other legal entities that are entrepreneurs (hereinafter referred to as the "Carrier" in the relevant grammatical form). When concluding and executing a transport contract, the carrier acts within the scope of its business activities. The subject of the contract of carriage is the regulation of mutual rights and obligations of the contracting parties arising during the transport of the consignment.

4. Transportation of a shipment means either domestic transportation of a shipment or international transportation of a shipment.

Domestic transport of a consignment means the carriage of a consignment if the place of receipt of the consignment and the presumed place of its delivery (hereinafter referred to as the "place of destination") are located in the same country.

International transport of a consignment means the transport of a consignment if the place of receipt of the consignment and the place of destination are located in two different countries.

3. By the Contract of Carriage, the Carrier undertakes to transport the Consignment from a certain place (destination) to a certain other place (destination) and the Consignor undertakes to pay the Consignor a fee (freight charge).

4. These GTC are an integral part of the contract of carriage concluded between the Carrier and the Consignor (hereinafter jointly referred to as the "Contracting Parties" in the respective grammatical form). Deviating provisions of the written contract of carriage shall take precedence over the provisions of these GTC. Any deviations from these GTC must be agreed between the Contracting Parties in writing, otherwise they are invalid.

5. Legal relations established by a contract of carriage are governed by the Convention on the Contract of Carriage in International Carriage of Goods by Road (Decree of the Minister of Foreign Affairs No. 11/1975 Coll., hereinafter referred to as the "CMR Convention" in the relevant grammatical form), if its scope is given in accordance with the provisions of Article 1 (1) to (4) of the CMR Convention and, in the alternative, by Act No. 513/1991 Coll. Commercial Code, as amended (hereinafter referred to as the "Commercial Code" in the relevant grammatical form) and these GTC. In cases where the provisions of the CMR Convention cannot be applied to a given legal relationship established by a contract of carriage, it is governed by the provisions of the Commercial Code, other legal regulations of the Slovak Republic and these GTC.

6. The carrier is obliged to familiarize himself with the GTC before concluding the contract of carriage. These GTC apply to all contractual relations between the Carrier and the Consignor relating to the carriage of the consignment, from the moment of concluding the Contract of Carriage until the moment of full fulfilment of all obligations arising or otherwise related to the Contracting Parties arising from the concluded Contract of Carriage. By concluding the Contract of Carriage, the Carrier is bound by these GTC and expresses its consent to them. Consent to these GTC may also be expressed in another way, in particular through electronic communication between the Contracting Parties.

7. Upon acceptance of these GTC, all legal relations between the Contracting Parties shall be governed by these GTC in the future, until one of the Contracting Parties notifies the other Contracting Party in writing that it no longer wishes to be bound by the Sender’s GTC. The effects of the notification shall take effect on the date of delivery of the written notification to the other Contracting Party.

8. The Terms and Conditions of the Carrier shall apply only if the Consignor has expressly accepted in writing in the Contract of Carriage that the Terms and Conditions of the Carrier shall take precedence over the wording of the Consignor’s GTC. Otherwise, the Sender’s GTC shall take precedence over the wording of the Carrier’s terms and conditions.

9. The sender is entitled to update or change the GTC from time to time. All changes, additions or the Full Text of the updated GTC will always be issued by the Sender in writing and published on its website in an appropriate manner.

10. In the event of invalidity of any provision of the GTC or the Contract of Carriage, the invalidity of the other provisions thereof shall not be affected. The Contracting Parties shall replace the invalid provision of the GTC or the Contract of Carriage with a new provision that is as close as possible to the meaning and purpose of the Contracting Parties agreed upon when concluding the Contract of Carriage.

11. If these GTC stipulate a written form for a certain act, this is considered to have been complied with even if the act is done in electronic form, in particular via email.

Article II

Ordering a Transport and Concluding a Contract of Carriage

1. The Contract of Carriage is concluded by the Contracting Parties on the basis of the Sender’s order and its acceptance by the Carrier.

2. Order means a unilateral legal act of the Consignor directed towards the Carrier in order to carry out the transport of the consignment by the Carrier. An order received is considered a draft contract of carriage.

3. The order is sent by the Sender to the Carrier by e-mail or fax and the order contains the following data:

a/ identification data of the Consignor: business name, registered office, ID number, VAT number, person authorized to negotiate the transport of the consignment;

b) specification of the consignment to be transported by the Carrier (designation of the type, indication of its dimensions and weight);

c/ indication of the place of loading;

d/ the date on which the consignment is to be loaded ;;; e/ indication of the place of landing;

(f) the date on which the landing is to take place; g/ the price of transport;

h) special requirements of the Sender regarding the carriage of the consignment, if any.

4. The draft contract ("Order") is considered to be duly accepted if the Carrier confirms the order in writing by e-mail, or alternatively confirms the CMR consignment note or consignment note. The person accepting the order declares that he/she is duly authorized, authorized or authorized by the authorized person to conclude the contract of carriage. In the event that this statement is false, the person accepting the order shall be liable for all possible damages arising from the invalid conclusion of this contract or the invalidly agreed contractual conditions on the basis of this proposal. Pursuant to the previous sentence, the person also declares that if the Carrier on whose behalf he/she acts fails to pay the monetary obligation arising from these accepted GTC, he/she shall pay it as a guarantor.

1. After accepting the transport order, the transport contract is considered to have been duly concluded and the Carrier undertakes to perform the ordered transport for the Sender according to the agreed conditions.

2. If the Carrier has confirmed the draft contract of carriage, but with written reservations, amendments, restrictions or other changes, this proposal is a rejection of the original proposal and is considered a new draft of the contract of carriage directed from the Carrier to the Consignor. Only with the unconditional confirmation of the new proposal by the Consignor will the Transport Contract be concluded.

3. The Contracting Parties are bound by the concluded Contract of Carriage and are not entitled to unilaterally cancel it, unless the Contract of Carriage, these GTC or a generally binding legal regulation stipulate otherwise. Any changes or additions to the concluded contract of carriage may only be made in writing, in the form of numbered amendments, signed by both the Consignor and the Carrier.

4. The proof of concluding the transport contract is the consignment note or the CMR consignment note. The consignment note is made in three original copies, which must contain the stamp and signature of both the Consignor and the Carrier. One copy of the consignment note is for the Consignor, one for the Carrier and one accompanies the consignment during transport. In the event that the consignment note is missing, has deficiencies or is lost, this does not affect the existence or validity of the concluded contract of carriage in any way.

5. If it is necessary to load the transported consignment on several vehicles, or if there are different types or separate parts of the consignment, the Consignor or the Carrier has the right to request the issuance of as many consignment notes, as many vehicles as are to be used, or as many types or separate parts of the consignment as are to be loaded.

Article III

Rights and obligations of the contracting parties

1. The carrier is obliged to carry out its activities according to the agreed conditions, with professional care and quality. As part of these obligations, the Carrier is obliged, in particular, to take proper care of the entrusted consignment as well as the items it has taken over in connection with the consignment (such as documents relating to the consignment, etc.).

2. The Carrier is obliged to follow the instructions of the Consignor when performing the transport. If the Carrier has not received the necessary instructions from the Consignor, it is obliged to request that they be supplemented. In the event of a risk of delay, the Carrier is obliged to continue the transport without these instructions so that the interests of the Consignor are protected as much as possible.

3. The carrier is obliged to participate in both loading and unloading, and is responsible for their proper implementation. When loading, he is obliged to check whether the consignment note or CMR consignment note contains all mandatory information. The carrier is obliged to have the consignment note or consignment note CMR (in the case of international transport) or the record of the operation of the freight transport vehicle (record of vehicle performance) or other transport document confirmed during loading. Furthermore, the Carrier is obliged to check mainly the quantity and weight of the consignment, the designation of the consignment, the integrity of the consignment packaging, the apparent condition of the consignment during loading and the method of its storage on the vehicle. The carrier is also obliged to check all accompanying documents related to the shipment (such as delivery note, pallet tickets for pallet exchange, etc.) and the data entered therein. The carrier is obliged to ensure the compliance of the data contained in these accompanying documents relating to the transported consignment with the actual condition of the loaded or transported consignment (its quantity, actual weight, etc.) and at the same time it is obliged to ensure the compliance of the actual condition of the loaded or transported consignment (its quantity, weight, designation, etc.) with the data on the consignment specified in the contract of carriage, or accepted order. In the event of any discrepancy between the actual condition of the loaded or transported consignment and the data contained in the accompanying documents relating to the transported consignment, or in the contract of carriage or accepted order, the Carrier is always obliged to immediately notify the Consignor of the identified discrepancies (notification obligation) and at the same time request instructions from the Consignor for further action. The Carrier must not leave the loading before receiving instructions from the Consignor for further action. In the event that he does not agree with the instructions of the Sender, he is always obliged to carry out the transport of the shipment as agreed in the contract of carriage and in other cases he is obliged to follow the instructions given by the Sender. If the Carrier fails to comply with the reporting obligation pursuant to this clause and due to a discrepancy between the actual condition of the loaded or transported consignment and the data contained in the accompanying documents relating to the transported consignment or in the contract of carriage or accepted order, the Carrier does not carry out the transport of the entire consignment as it is handed over to the Carrier at the time of loading, the Carrier is obliged to pay the Consignor a contractual penalty in the amount of the agreed price of transport. If the Carrier fails to comply with the notification obligation pursuant to this paragraph and performs the transport of the consignment as it was handed over to it at the time of loading, it shall do so at its own risk, while any related damages or additional costs shall be borne exclusively by the Carrier. In the event that the Carrier loads the transported consignment in a quantity or weight less than specified in the contract of carriage or in the accepted order, the Consignor is entitled to arrange for the replacement transport of the part of the consignment that was not loaded by the Carrier in accordance with the contract of carriage or with the accepted order itself or through a third party. The Consignor is entitled to charge the Carrier for the actual costs incurred by the Consignor by arranging alternative transport due to the unloaded part of the consignment. This is without prejudice to the Sender’s entitlement to a contractual penalty due to failure to comply with the notification obligation pursuant to this clause, as well as any claims of the Sender in the event of loss of the shipment or exceeding the delivery time.

4. The Carrier is obliged to warn the customer (i.e. the person for whom the Sender provides the transport of the consignment through the Carrier by means of a contract of carriage – hereinafter referred to as the "customer" in the relevant grammatical form) of the inappropriateness of storing the consignment on the vehicle. If the customer fails to reload the consignment, the Carrier is obliged to immediately inform the Consignor and make a written reservation in the consignment note or CMR consignment note. The carrier is obliged to have the necessary securing materials necessary to fasten the load (anti-slip pads, protective corners, a sufficient number of straps, etc.) on the vehicle and to fasten the transported cargo in accordance with the relevant safety regulations. The carrier is obliged to secure the consignment in such a way that it is not damaged or lost.

5) The Carrier is obliged to inform the Consignor about the delivery of the vehicle for loading. After loading, the Sender is obliged to inform the Sender about the actual loaded weight of the transported consignment. The carrier is responsible for the proper implementation of loading.

• In the event of an accident or detention of the Carrier’s vehicle or any other obstacle preventing the proper performance of the transport, or the completion of the transport by the agreed vehicle, the Carrier is obliged to provide another vehicle of similar parameters without delay at its own expense. In the event of failure to comply with this obligation, all costs incurred by the Sender associated with the provision of another vehicle will be charged to the Carrier and the Carrier is obliged to reimburse the additional costs incurred to the Sender in full. At the same time, the carrier is obliged to pay a contractual penalty in the amount of 100% of the total agreed price of transport for breach of any of the above obligations.

• The carrier is obliged to carry out all activities under the contract of carriage itself. Entrustment or use of a third party for this purpose, with the exception of the Carrier’s employees fulfilling their obligations arising from the employment relationship, is not permissible without the prior express written consent of the Sender. If the Carrier performs the transport through another carrier, it does not exempt itself from liability for damage.

• Without the prior written consent of the Consignor, the Carrier is not entitled to use the consignment or allow a third party to use it. No other cargo may be transported with the transported consignment without the prior written consent of the Consignor and the consignment may not be reloaded, unloaded or delivered to another vehicle. In the event of a violation of any of the above prohibitions, the Contracting Parties have agreed on a contractual penalty of up to EUR 2000 for each individual violation.

• The Carrier shall immediately inform the Consignor of the risk of damage, the risk of delay in transport, as well as other circumstances affecting the proper performance of the contract of carriage by the Carrier. In the event of damage, the Carrier is obliged to take the necessary measures and exercise the necessary professional care to minimize the damage and to inform the Consignor without delay. The Carrier is also obliged to inform the Consignor about the loading, customs clearance and unloading of the consignment. After the unloading of the consignment, the Carrier is obliged to notify the Consignor of this fact within one hour of its completion. If any problems arise during the unloading of the consignment, the Carrier is obliged to inform the Consignor thereof without delay. Furthermore, the Carrier is obliged, at the request of the Sender, to provide the Sender with complete and truthful information on the performance of the contract, in particular on the location of the consignment. If the header of the contract of carriage lists the contact persons of the Consignor (the so-called joint holder), the Carrier is obliged to provide the information under this paragraph to the Consignor through the specified contact persons (also by telephone). In the event that the Consignor is threatened with any damage, the Carrier is obliged, at the request of the Consignor, to immediately provide a telephone contact to the driver who performs the transport for the Carrier. In the event of a breach of any of the above obligations, the Carrier is obliged to pay a contractual penalty of EUR 200 for each individual breach.

• During the entire transport, the carrier is obliged to park only in safe, guarded parking lots reserved for this purpose. The damage caused to the

consignment as a result of a breach of this obligation of the Carrier, the Carrier is obliged to compensate the Sender in full.

11. In the event of a delay of the Carrier with the receipt (loading) of the consignment at the specified place and/or with the delivery (unloading) of the consignment to the specified place by more than 2 hours compared to the agreed time limits in the Sender’s accepted order, the Carrier is obliged to pay a contractual penalty in the amount of EUR 50 for each hour of delay of the Carrier. The Carrier is obliged to pay any fines imposed on the Client in full.

12. In the event of failure to deliver the vehicle for loading or cancellation of transport by the Carrier within 12 hours before the contemplated loading, the Consignor is entitled to demand a contractual penalty from the Carrier in the amount of the agreed price of transport.

13. The Carrier declares that at the moment of concluding the Contract of Carriage, it has valid insurance against its liability for damage incurred during the performance of the Contract of Carriage, and that the insured value in the case of transport by a vehicle with a total weight of up to 3.5 tons is at least EUR 33,000, in the case of transport by a vehicle with a total weight of up to 7.5 tons, it is at least EUR 75,000. EUR and in the case of transport by a vehicle with a total weight of 40 tons, it is at least EUR 150,000 and at the same time the insured value of the valid insurance of the Carrier is always at least in the amount of the actual value of the transported consignment for the given transport. The value of the transported consignment shall be communicated to the Carrier by the Consignor. If the value of the transported consignment is not communicated to the Carrier by the day preceding the day of the carriage, it is the Carrier’s obligation to request information from the Consignor about the value of the consignment to be transported. If the Carrier fails to fulfil its obligation under the previous sentence, it shall be deemed to have been duly informed of the value of the consignment and that at the time of concluding the Contract of Carriage, the Carrier has valid insurance in the event of its liability for damage incurred during the performance of the Contract of Carriage with the amount of insurance coverage at least in the amount specified in the first sentence of this provision of this GTC. The carrier further declares that the validity and effectiveness of insurance contracts shall not expire before the date of termination of such transport agreed in this contract. The Carrier is obliged to send the Sender a copy of the insurance contract by e-mail or fax at the Sender’s request. The carrier is responsible for the validity of all necessary permits for transport, as well as other necessary documents necessary for transport. In the event of a breach of any of the above obligations, the Carrier is obliged to pay the Sender a contractual penalty in the amount of EUR 1000 for each individual breach and, in the event of failure to comply with the obligation of the minimum amount of insurance coverage in the amount agreed in this point, a contractual penalty in the amount of the difference between the amount of insurance coverage to which the Carrier has committed itself and the amount of the actual insurance coverage, for which he has a valid insurance contract. In the event of damage to the consignment, this damage will be liquidated preferentially from the Carrier’s insurance in the full amount in which the damage actually occurred, even beyond the limit of liability for damage determined by the CMR Convention.

14. The carrier is liable for damage to the consignment in accordance with the provisions of the CMR Convention and for transports that are not governed by the provisions of this Convention, according to the provisions of the Commercial Code and other related legal regulations of the Slovak Republic.

15. The carrier is responsible for the satisfactory technical condition of the vehicle, including the loading area and the undamaged tarpaulin, as well as for the mandatory equipment of the vehicle crew and its use (protective helmet, protective goggles, work gloves, work shoes). The carrier is also responsible for ensuring that the transport is carried out only by persons with the necessary professional competence. In the event of a breach of any of the above obligations, the Carrier is obliged to pay the Sender a contractual penalty in the amount of EUR 200 for each individual breach.

16. The Carrier undertakes not to contact the Sender’s customer beyond the scope of the obligations arising from this Contract of Carriage, unless such contact between the Transport Provider and the Customer would be justified by an already existing contractual relationship. The Carrier undertakes not to conclude a contract of carriage with the Consignor’s customer (i.e. the consignor, consignee or owner of the consignment) within one year from the date of performance of the carriage pursuant to the contract of carriage concluded between the Carrier and the Consignor. The Carrier undertakes to protect the interests of the Consignor as well as all parties involved in the transport and to maintain trade secrets. For breach of the above obligations in this paragraph, the Sender is entitled to a contractual penalty of EUR 5000 against the Carrier.

17. In the event that the contractual penalty is quantified and claimed by the Carrier, the Sender’s entitlement to any insurance benefit remains unaffected. The assertion of a claim for any contractual penalty agreed in this contract does not affect the right of the Sender to claim damages that exceed the amount of the contractual penalty charged.

18. In the event of a breach of any of the Carrier’s obligations, which are secured by a contractual penalty under the Contract of Carriage, and thus also in these GTC, the Consignor is entitled to claim only damages against the Carrier, without the simultaneous application of a contractual penalty.

19. The contractual penalty or compensation for damage is payable on the day following the day of its application against the other contracting party. The contractual penalty or compensation for damage must be applied in writing so that it is clear from the application what the contracting party is trying to achieve. The written form is considered to have been complied with even if the act is done in electronic form. A contractual penalty or compensation for damage is deemed to have been applied on the day following the day on which the contracting party against whom the application is directed had the opportunity to become acquainted with the application of the contractual penalty or damages.

20. The agreed price of transport also includes waiting for loading or unloading for up to 8 hours.

21. The Consignor is entitled to cancel the order for transport within 12 hours before the contemplated loading of the consignment, without any sanctions from the Carrier. In the event of cancellation of the transport order by the Sender in less than

12 hours before the contemplated loading, the Consignor is obliged to pay compensation for the quantified damage by the Carrier to the extent of its costs for the agreed transport.

22. The Carrier is obliged to submit to the Consignor all documents proving the performance of the transport, no later than 15 days from the handover of the consignment to the consignee, or from the end of the transport. These documents are in particular: consignment note or CMR consignment note, record of the operation of the freight transport vehicle (record of vehicle performance), delivery notes for the consignment, pallet tickets, copies of forwarding fees, weighing letter, or other proof of handing over the consignment in an intact condition to the consignee. In the case of transport of a consignment under customs supervision, the Carrier is also obliged to deliver to the Consignor copies of customs documents, or a CMR consignment note confirmed by the competent customs authority.

23. The Sender is obliged to pay the Carrier the agreed price of the freight fare. The agreed transport price includes all ancillary charges that are necessary for the proper performance of the transport.

24. The Carrier’s invoice for the performed transport is payable within 60 days from the date of its receipt by the Consignor.

25. The Carrier shall send the invoice together with the original CMR consignment note to the following address: EURO Invest PO s. r. o., Volgogradská 13, 080 01 Prešov, Slovak Republic.

26. If any reservation is stated in the consignment note or consignment note CMR (or other document confirming the realization of transport), the due date of the freight fee is postponed until the complaint complaint is resolved by the authorized person.

27. The Contracting Parties have agreed that the Carrier has no lien or lien on the consignment, even for the purpose of securing the Carrier’s receivable against the Consignor from the contract of carriage. The carrier is always obliged to deliver the consignment to the consignee. The Carrier does not have a right of lien and a lien on the consignment.

28. The Carrier is obliged to comply with the minimum wage of a driver who, as an employee of the Carrier, performs transport in accordance with the Minimum Wage Act in force in the Federal Republic of Germany (Gesetz zur Regelung eines allgemeinen Mindestlohns (Mindestlohngesetz – MiLoG) (hereinafter referred to as the "MiLoG Minimum Wage Act") and in accordance with the Minimum Wage Act in force in the French Republic (Loi Macron) (hereinafter referred to as the "Loi Macron Minimum Wage Law"). The carrier is also obliged to duly and timely comply with all its reporting obligations and obligations in the field of creating and providing the relevant documentation towards the competent authorities of the Federal Republic of Germany, as well as all other obligations arising from the applicable version of the MiLoG Minimum Wage Act. Likewise, the Carrier is obliged to properly and timely fulfill all its obligations arising from the applicable Loi Macron Minimum Wage Act in the event that its scope is given. The carrier declares that it is familiar with the currently valid and effective wording of the MiLoG Minimum Wage Law and the Loi Macron Minimum Wage Law and undertakes to comply with them. The Carrier is obliged to sufficiently prove the fulfilment of the above obligations under this clause of the Sender’s GTC at the Sender’s request at any time. In the event that any sanction or liability for damage is imposed by a breach of the Carrier’s obligations under this clause of the Consigner’s GTC, the Carrier is solely responsible for it and the Carrier is obliged to pay the imposed penalty or damages in full. In the event of the occurrence or assertion of any claims of third parties against the Sender arising due to the violation of the MiLoG Minimum Wage Act or the Loi Macron Minimum Wage Act by the Carrier, the Carrier shall be obliged to satisfy these claims of third parties in full by itself. The Carrier is also expressly obliged to do so against claims of social insurance authorities, tax authorities and other authorities competent to control compliance with the relevant laws. In the event that the Carrier performs the transport through a third party, another carrier (see Article III point 8 of these Sender’s GTC), it is obliged to ensure and verify that this person duly and timely fulfils all its obligations arising from the MiLoG Minimum Wage Act as well as the obligations under the Loi Macron Minimum Wage Act in cases where their scope is given. If this third party fails to comply with any of its obligations under the MiLoG Minimum Wage Act or the Loi Macron Minimum Wage Law, the Carrier shall be liable in full for any damage or penalties imposed due to this breach, which shall be liable in full for any damage or penalties imposed. By using a third party to perform the transport, the Carrier does not in any way relieve itself of the responsibility and obligations arising from the provisions of this point of the Consignor’s GTC. The Contracting Parties have agreed that in the event of a breach of any of the obligations specified in this clause of the Sender’s GTC, the Sender shall be entitled to charge the Carrier a contractual penalty in the amount of EUR 200 for each individual breach.

29. The Carrier declares that for all claims of the Consignor against the Carrier on account of the performed transports, the limitation period is extended to 10 years from the time when the limitation period first began to run.

Article IV

Final provisions

1. The Carrier is not entitled to assign its claims against the Consignor from the Contract of Carriage to a third party without the prior written consent of the Consignor.

2. Any disputes arising between the Carrier and the Consignor from the concluded contract of carriage shall be resolved by the Contracting Parties primarily by out-of-court means.

3. All legal relations established between the Contracting Parties established on the basis of the contract of carriage, including relations related to the concluded contract of carriage, are always governed by the legislation of the Slovak Republic and international treaties, which take precedence over the legislation of the Slovak Republic. The applicable law is always Slovak.

4. The Contracting Parties agree and declare that all disputes arising from legal relationships arising out of or related to this Contract of Carriage, including all ancillary legal relationships, claims for unjust enrichment, claims for damages, disputes over the validity, interpretation, termination of this Contract, shall be resolved before the substantively and territorially competent general court in the Slovak Republic.

5. These updated GTC are valid from 16.08.2024. All changes and additions to these GTC are valid on the day of their publication and availability on the Sender’s website.