TERMS AND CONDITIONS OF TRANSPORTATION OF INTERNATIONAL EXPRESS SHIPMENTS by MDK EXPRESS LLC (the “Terms”)

1. Definition of terms

1.1. In this Agreement, the terms are used in the following meanings:

1.1.1. Express shipper MDK EXPRESS LLC - a shipper that, pursuant to the agreement (agreements) with a foreign operator (Agent) on the exchange of international express shipments, carries out expedited transportation of international express shipments using any type of transport, ensures the acceptance, processing, presentation of such shipments to the customs authorities for customs control and customs clearance, delivery to the Consignees (return to the Consignors), and also uses information, telecommunication, information and telecommunication systems to track the international express shipments throughout the entire period of movement from the Consignors to the Consignees, an electronic system for accounting and storage of shipments;

1.1.2. international express shipments (hereinafter referred to as IES) - properly packed international shipments with documents or goods that are accepted, processed, transported by any means of transport under an international transport document for the purpose of delivery to the Consignee in an expedited manner within a specified period of time;

1.1.3. an international transport document (hereinafter referred to as the ITD) is a numbered shipping document that is a contract for the transportation of each individual international express shipment. The express shipper ensures that an international transport document, which is a contract for the carriage of such an international express shipment, is issued for each individual international express shipment and accompanies it throughout its movement from the Consignor to the Consignee;

1.1.4. customs broker - an enterprise that provides services for the declaration of goods, commercial vehicles transported across the customs border of Ukraine;

1.1.5. agent - a company operating in the territory of foreign states in accordance with the procedure established by the legislation of such states. The Agent accepts, processes and delivers to the Consignees international express shipments received from the express shipper MDK EXPRESS LLC, as well as collects, processes and sends to the express shipper MDK EXPRESS LLC international express shipments for their further processing and delivery to the Consignees in Ukraine;

1.1.6. Consignor means a natural person, legal entity, individual entrepreneur indicated in the international transport document as the Consignor;

1.1.7. Consignee - a natural person, legal entity, individual entrepreneur indicated in the international transport document as the Consignee;

1.1.8. Client - the Consignor, the Consignee, who uses the services of the express shipper MDK EXPRESS LLC or the Agent and pays for the services of expedited transportation of the IEU.

1.2. The other terms of this Agreement shall be used in the meanings defined by the Customs Code of Ukraine and other normative legal acts on customs matters.

2. General provisions

2.1. Contractual relations between the express shipper MDK EXPRESS LLC and the Client are formalized in the form of a public offer agreement (hereinafter referred to as the Agreement). Under this Agreement, one party, the express shipper MDK EXPRESS LLC, on the one hand, and any person who has accepted the terms of this Agreement - the Client, on the other hand, hereinafter referred to as the Parties, have concluded this Agreement addressed to an unlimited number of persons.

2.2. The execution and sending of the “Application for cargo clearance” on the website mdkexpress.com, or filling out the “Application for cargo clearance” in paper form and/or the actual transfer of goods for transportation to the express shipper MDK EXPRESS LLC or its Agent means that the Client, regardless of status (individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, has agreed to the terms of the Agreement, which are specified below. The terms of the Agreement are the same for all Clients.

2.3. This Agreement is valid until the international express shipment is received by the Consignee and full payment is made to the express shipper MDK EXPRESS LLC under the Agreement.

2.4. This Agreement is a contract for the provision of customs brokerage services.

3. Rights and obligations of the Parties

3.1. Under the terms of this Agreement, the express shipper MDK EXPRESS LLC:

3.1.1. prepares an international transport document, as well as other documents necessary for the transportation of the IES. If the transportation of the IES requires the submission of licenses, certificates or other permits, such documents shall be provided by the Client, taking into account the specifics of the IES content;

3.1.2. transport the IE by any means of transport and engage subcontractors to perform part or all of the Agreement;

3.1.3. declare the goods in the IES by submitting registers using the information provided by the Client. If the amount of information provided is not sufficient for the declaration, the express shipper MDK EXPRESS LLC may request additional information from the Client. The Client declares that the documents and information provided are true and correct;

3.1.4. submit the IES to the customs authorities for customs control and customs clearance, as well as to other controlling authorities, taking into account the specifics of the IES;

3.1.5. pay customs duties when importing the IES into Ukraine if the value of the goods in the IES exceeds EUR 150. The Client undertakes to reimburse the customs duties by paying the corresponding amount to the current account of the express shipper MDK EXPRESS LLC;

3.1.6. pay payments for additional types of control, storage and any other expenses related to the customs clearance of the IES, having previously agreed their cost with the Client. The Client undertakes to reimburse the expenses incurred by the express shipper MDK EXPRESS by paying the corresponding amount to the current account of the express shipper MDK EXPRESS LLC;

3.1.7. represent the interests of the Client in relations with state authorities, legal entities and individuals on issues related to the IES, as well as perform other actions arising from the content of the Agreement.

3.2. Under the terms of this Agreement, the Client:

3.2.1. provide for transportation properly packed IES. Proper packaging shall be deemed to be such that ensures the safety of the contents and prevents damage or destruction of the IES that will be transported with it;

3.2.2. provide the data of the Consignor and the Consignee, data on the contents of the IES, and, if available, provide the documents necessary for the customs clearance of the IES;

3.2.3. informs the Consignee of the ITD number and the express shipper 's data, as well as provides information on the possible accrual and amount of customs duties that may be paid as a result of the delivery of the IES to the country of destination;

3.2.4. pay the agreed expenses of the express shipper MDK EXPRESS LLC related to the customs clearance of the IES until the IES is delivered to the Consignee. The express shipper MDK EXPRESS LLC shall be obliged to provide documentary evidence of the expenses incurred;

3.2.5. reimburse customs duties paid on its behalf by the express shipper MDK EXPRESS LLC or the Agent.

3.3 The Client gives the express shipper MDK EXPRESS LLC consent to the processing of the personal data of the Consignor and the Consignee, as well as other data in accordance with the norms of the current legislation of Ukraine. The express shipper MDK EXPRESS LLC agrees that the dissemination of personal data, i.e. the transfer of information about an individual, is possible only with the consent of the subject of personal data, and undertakes to ensure the protection of this data from illegal processing, including illegal destruction or access to personal data.

3.4 The Consignee has the right to declare the IES independently by submitting the necessary documents, having previously notified the express shipper MDK EXPRESS LLC or the Agent in the country of destination.

3.5. The Client may change the Consignee's data by notifying the express shipper MDK EXPRESS LLC or the Agent in advance.

4. Prohibitions and restrictions on the movement of certain types of goods in the IES (part 1 article 235 of the Customs Code of Ukraine)

4.1 It is prohibited to move in the IES:

4.1.1. goods prohibited by the Customs Code of Ukraine and other legislative acts of Ukraine in accordance with the importation into the customs territory of Ukraine or exportation from this territory;

4.1.2. goods sent in violation of customs regulations;

4.1.3. goods for which there are no relevant permits, in case of application of non-tariff regulation of foreign economic activity;

4.1.4. goods that, according to the results of official control measures, cannot be released under the declared customs regime in accordance with the purpose of their importation into Ukraine;

4.1.5. used goods (clothes, footwear, etc.) in a dirty condition, which by their characteristics may pose a danger to postal workers, without documents on fumigation;

4.1.6. goods classified in groups 1-24 according to Ukrainian classifier of goods for foreign economic activity (UCGFEA), which are transported (sent) to the address of citizens or sent by citizens, except for food products with a total weight of not more than 10 kilograms in the manufacturer's packaging;

4.1.7. alcoholic beverages and/or tobacco products transported (sent) to the address of citizens or sent by citizens, regardless of the cost.

4.2. The Client agrees that the IES shall not be accepted for transportation if:

4.2.1. it contains undeclared or prohibited for transportation goods;

4.2.2. the packaging does not ensure the safety and integrity of the contents under normal transportation conditions or is damaged;

4.2.3. it contains hazardous substances, the transportation of which is prohibited in consolidated shipments (“Dangerous Goods”).

4.3. The list of Dangerous Goods is available on the website mdkexpress.com. This list is not exhaustive. To obtain complete information on the possibility of transportation of a particular product, the Customer should be guided by the appropriate markings on the product. Additional information on a particular product can be obtained from the manager of the express shipper MDK EXPRESS LLC.

5. Opening of the IES

5.1. The IES may undergo a security inspection procedure that requires its opening, so the Client agrees that the IES may be opened and inspected at any point of its transportation.

5.2. The express shipper MDK EXPRESS LLC or the Agent has the right to open the IES for the following purposes:

5.2.1. in order to ensure the safety of transportation and eliminate the risks that may be caused by the IES in relation to any persons or their property, or other IES;

5.2.2. for the purpose of correct declaration;

5.2.3. in order to preserve the contents of the damaged shipment;

5.2.4. for the purpose of identifying the Consignee or the Consignor, if it cannot be established by other means;

5.2.5. to check for compliance with legal requirements and orders of public authorities.

6. Calculation of the cost of services

6.1. The express shipper MDK EXPRESS LLC calculates the cost of international express delivery of the IES using the greater of the actual or volumetric weight. In this case, for the correct calculation of the cost, each place is re-measured and weighed by the express shipper MDK EXPRESS LLC or the Agent.

6.2. If one of the dimensions exceeds 100 cm, a coefficient of 1.2 is applied to the cost of transportation of the IES.

7. The route and terms of delivery of the IES

7.1. The Client agrees to the route chosen for transportation by the express shipper MDK EXPRESS LLC, including possible transfer points.

7.2. The delivery times indicated on the Website are approximate and cannot be regarded as clearly defined and guaranteed, may differ from those indicated in the ITD or on the Website and do not include

7.2.1. the day of transfer of the IES for transportation;

7.2.2. days off;

7.2.3. official holidays;

7.2.4. duration (periods) of delays related to the security check of shipments;

7.2.5. terms of customs clearance of shipments;

7.2.6. delays caused by circumstances beyond the control of the express shipper MDK EXPRESS LLC.

The actual delivery time may be extended due to the peculiarities of the customs regulation of a particular country.

8. Storage of the IES in the warehouse of the express shipper MDK Express LLC and the Agent

8.1. When exported, the IES shall be stored in the warehouse of the express shipper MDK EXPRESS LLC from the moment of transfer of the IES for shipment until the actual export of the IES to the country of destination. Such storage is free of charge. The conditions of storage of the IES at the Agent's warehouse in the country of destination are determined by the Agent.

8.2. When imported, the IES shall be stored in the warehouse of the express shipper MDK EXPRESS LLC from the moment of completion of the customs clearance of the IES until the actual delivery of the IES to the Consignee. Such storage is free of charge.

8.3. As a general rule, customs-cleared IES shall be stored in the warehouse for 30 calendar days. This period may be extended at the Consignee's request.

8.4. After the expiration of such storage period, the express shipper MDK EXPRESS LLC shall return the IES to the Consignor at his expense. If the Consignor refuses to pay for the transportation of the IES, the express shipper MDK EXPRESS LLC reserves the right to dispose of this IES without compensation to the Consignor.

9. Cases in which it is not possible to deliver the IES.

9.1. The IES shall be considered undeliverable in the following cases:

9.1.1. The Consignee of the IES does not contact or is not at the specified address;

9.1.2. the content of the IES is prohibited by the legislation of the country of dispatch, country of destination or transfer country and seized in accordance with the current legislation by the relevant state body;

9.1.3. force majeure;

9.1.4. The IES is damaged to such an extent that it excludes the possibility of its further transportation;

9.1.5. The Consignee has refused to receive the IES.

9.2. If the Consignee of the IES does not communicate or is not at the specified address, or refuses to receive the IES, the express shipper MDK EXPRESS LLC shall return the IES to the Consignor at his expense. In case of refusal of the Consignor to pay for the return of the IES, the express shipper MDK EXPRESS LLC reserves the right to dispose of this IES without compensation to the Consignor.

10. Circumstances of force majeure (force majeure)

10.1. According to the Agreement, the Parties shall not be liable for non-performance (improper performance) of their obligations if such non-performance (improper performance) occurred as a result of force majeure.

10.2. According to the Agreement, force majeure shall be deemed to be natural disasters (floods, earthquakes, snowstorms, ice and other natural disasters), disasters of biological, man-made and anthropogenic origin (explosions, fires, mass epidemics, epizootics, epiphytotic, etc.), circumstances of public life (war or hostilities, blockades, civil unrest, acts of terrorism, mass strikes, etc.), actions or regulatory requirements of public authorities and other circumstances beyond the control and will of the Parties that occurred after the Agreement has entered into force, directly affect the actions of the Parties and make it impossible to fulfill the obligations under the Agreement.

10.3. The period of force majeure shall be extended for the respective terms of fulfillment by the Parties of their obligations under the Agreement. A document issued by the Ukrainian Chamber of Commerce and Industry or regional chambers of commerce and industry shall be considered as a proper proof of the occurrence and existence of force majeure.

10.4. Despite the circumstances of force majeure, the Parties shall make every effort to fulfill their obligations under the Agreement.

11. Responsibility

11.1. When transporting by air, the express shipper MDK EXPRESS LLC shall be liable in accordance with the Montreal or Warsaw Conventions. In cases of non-application of the provisions of these conventions, the liability of the express shipper MDK EXPRESS LLC is within the limits of the smaller value: market or declared value (at the time of registration of the international transport document) or special borrowing rights per kilogram (about 28.00 USD/kg). The amount of liability in each particular case is limited to the actual damage caused to the IES as a result of its damage or loss, and may not exceed the above value per kilogram of IES weight.

11.2. If the Client believes that the limits of liability of the express shipper MDK EXPRESS LLC do not correspond to the value of the IES, he may insure the IES independently.

11.3. The express shipper MDK EXPRESS LLC does not compensate for other types of damage (including lost profits).

11.4. The express shipper MDK EXPRESS LLC makes every effort to deliver the IES in time in accordance with the developed delivery schedule. At the same time, the international delivery schedule may change depending on objective circumstances and is not part of this Agreement.

12. Claims

12.1. Completed claims shall be sent to the express shipper MDK EXPRESS LLC by mail or e-mail within 30 calendar days from the date of transfer of the IES for shipment. If the claims are not sent within the specified time limits, the express shipper MDK EXPRESS LLC has the right to reject the claim without considering it. The decision on the claim shall be taken as a settlement of the claim for compensation for damages under this IES.

12.2. The express shipper MDK EXPRESS LLC is not responsible for delays, losses or damages caused by the actions of customs or other state authorities. The fact of loss or damage must be confirmed by an official document of the relevant authority.

12.3. The Parties are interested in resolving possible disputes through negotiations. If the Parties do not reach an agreement as a result of negotiations, disputes will be considered in court.

12.4. To regulate the contractual legal relations under the Agreement, the Parties shall choose and, if necessary, apply Ukrainian legislation. If an international agreement, ratified by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, the rules of the international agreement shall apply.