General Conditions of Contract for Rail Freight Services of GYSEV CARGO Zrt. (General Terms and Conditions of Rail Freight)

Transcription

1 1. Scope, additional provisions and derogations (1) The legal basis for the General Conditions of Contract for Rail Freight Services (General Terms and Conditions of Rail Freight) of GYSEV CARGO Zártkörűen működő részvénytársaság (hereinafter: GYSEV CARGO Zrt.), hereinafter: General Contract Terms or GCT, provide the Act V/2013 on the Civil Code, the Act CLXXXIII/2005 on Railway Transport and the Government Decree 32/2009. (II. 19.) on Rail Freight Contracts (RFC). (2) The GCT may be applied in international transport unless the Appendix B (Uniform Rules concerning the Contract of International Carriage of Goods by Rail, hereinafter: CIM) to the Convention concerning International Carriage by Rail (COTIF) promulgated by the Act LXXVII/2006 as well as the Agreement on International Goods Transport by Rail promulgated by the Act XXXVII/2011 (hereinafter: SMGS Agreement) provide otherwise. (3) The general contract terms of the customer become part of the contract only with the express written acceptance statement of GYSEV CARGO Zrt. (4) The following terms and conditions apply together with the GCT; their current version can be viewed on the homepage of GYSEV CARGO Zrt. ( Freight Service Areas of GYSEV CARGO Zrt. (Annex 1 to the GCT) Freight Rates of GYSEV CARGO Zrt. (Annex 2 to the GCT) Loading and unloading times of wagons, calculation of the wagon demurrage charge (Annex 3 to the GCT) Handling of exceptional consignments (Annex 4 to the GCT) Wagon types of GYSEV CARGO Zrt. (Wagon catalogue) Loading rules Regulation concerning the International Carriage of Dangerous Goods by Rail (RID) 2. Conclusion of the Contract of Carriage, ordering of wagons and trains 2.1. Conclusion of the contract of carriage, the transport offer (5) Based on the customer's request, GYSEV CARGO Zrt. makes a non-binding written offer for rail freight services. The offer will only become binding for GYSEV CARGO Zrt. after its written confirmation by the customer within the validity period and with the terms specified in the offer. (6) GYSEV CARGO Zrt. reserves the right to conclude certain contracts of carriage in writing. In this case, the transport relationship is established and results in the obligation of GYSEV CARGO Zrt. to provide the transport services only after the mutual signature of the contract. In this case, too, GYSEV CARGO Zrt. is entitled to prepare the carriage and commence performance of the contractual services in accordance with the content of the offer confirmed by the customer Wagon order and its confirmation, train order (7) The customer can order the freight service as follows: a) by submitting a wagon order to GYSEV CARGO b) by handing over the consignment note filled out by the customer to GYSEV CARGO c) by ordering the train service on the basis of a previously issued and confirmed offer (8) The consignor shall send the wagon order or the completed consignment note to the places specified in the document Freight Service Areas of GYSEV CARGO Zrt. available on the homepage of GYSEV CARGO ( until 8 o'clock in the morning one day before the scheduled loading, in the case of a special wagon until 8 o'clock in the morning 3 days before the scheduled loading and in case of orders of more than 15 wagons 1 week before the scheduled loading. Valid from:

2 (9) Unless otherwise agreed, GYSEV CARGO Zrt. shall provide the customer a freight wagon suitable for transport. (10) The wagon order shall contain the following data: a) name and mass of the goods to be loaded or b) number and exact type of the wagons requested for loading c) planned loading time, d) station of dispatch and destination, e) number of the transport offer and of the tariff (billing tariff), provided they are known at the time of the wagon order, f) possible request to determine the tare weight of the wagon, g) special requests regarding the type or the holder of the wagon as well as its provision, (11) If the customer does not accept the wagon which is suitable for transport GYSEV CARGO offered and procures a transportable wagon himself - even without prior consultation with GYSEV CARGO - GYSEV CARGO Zrt. is entitled to charge the surcharge specified in the tariff (surcharge for wagon use) as well as any costs incurred in connection with the wagon. (12) Unless otherwise agreed, GYSEV CARGO Zrt. accepts only such wagons from the customer for the purpose of transport, the holder of which is a member of AVV. (13) In the case of wagons provided by the customer, the customer is responsible for ensuring that the wagons have all the necessary approvals; furthermore, that they are ECM-certified and assigned to a maintenance organization (ECM). (14) The train order shall be sent with reference to the offer number, with the content stated in the offer, to the contact person specified therein within 7 days before the planned departure of the train at the latest - unless otherwise specified in the offer. (15) The document entitled Freight Service Areas contains a list of the stations on the loading areas of which GYSEV CARGO Zrt. carries out the provision of empty wagons as well as the takeover and delivery of consignments on the basis of the wagon order, with the conditions specified therein. (16) Based on a separate agreement or a confirmed offer, GYSEV CARGO Zrt. undertakes the provision of empty wagons as well as the takeover or the delivery of consignments also at stations, stops or at certain points of the open track which are suitable for loading but not listed in the document Freight Service Areas. (17) Border crossing points and their traffic restrictions are included in the Uniform Distance Table for International Freight Traffic (DIUM). (Available on the homepage of UIC). (18) GYSEV CARGO shall send the order confirmation to the consignor/customer - for lack of a deadline set in the order - no later than 5.p.m. one working day before the scheduled loading or the scheduled departure of the train. At the same time GYSEV CARGO shall inform the consignor if, on the basis of the order data, freight restrictions of GYSEV CARGO Zrt. or any other railway undertaking involved in the carriage are in place in relation to the carriage Cancellation of wagons and trains, rescission of the carrier (19) If the customer (consignor) cancels the wagon(s) offered by GYSEV CARGO Zrt. before its provision, he is obliged to pay a cancellation fee and reimburse the expenses of the services performed by the railway company until cancellation (e.g. determination of tare weight, cleaning fee, collection costs etc.). If the cancellation occurs after the wagon has been provided, the customer is obliged to pay also a wagon demurrage charge in addition to the aforementioned costs. Valid from:

3 (20) Train cancellations must be sent by the customer to GYSEV CARGO Zrt. until the deadline and to the contact specified in the offer. In the event of a train cancellation or the failure of train service due to the fault of the customer, the customer - unless otherwise agreed shall pay the following flat rates: - for cancellations more than 5 days before the scheduled departure of the train: 0% of the train price specified in the offer; - for cancellations between 5 days and 48 hours before the scheduled departure of the train: 10% of the train price specified in the offer; - for cancellations between 48 and 24 hours before the scheduled departure of the train: 20% of the train price specified in the offer; - for cancellations within 24 hours before the scheduled departure of the train: 40% of the train price specified in the offer; - in case of the omission of train service without cancellation: 100% of the train price specified in the offer. (21) Apart from the cases specified in RFC, GYSEV CARGO Zrt. is entitled to withdraw from the contract if the consignor intends to dispatch the consignment without prior consultation with GYSEV CARGO or not according to the conditions set out in the wagon order or the offer. (22) In this case the consignor is obliged to reimburse the legitimate and justified costs incurred by GYSEV CARGO during the preparation of the transport. (23) GYSEV CARGO Zrt. reserves the right to terminate the fixed term freight contract with a 30 days' notice if the performance of the contract by GYSEV CARGO was only possible with a significant business risk or loss of business due to a massive and sudden change in the business environment, the operating conditions or the exchange rates. 3. Preparation of carriage 3.1. Provision of an empty wagon (24) If the confirmation of the wagon order specifies only the loading day, GYSEV CARGO shall notify the consignor of the provision of the wagon at least 3 hours before the start of the loading and will prepare the wagon for loading at the specified time. The notification may be made in writing, by fax or by separate agreement with the consignor by telephone or computer. (25) If the customer (consignor) undertook the provision of the wagons required for carriage in the contract of carriage (offer) (private wagons, leased wagons) and instead uses such vehicles for which GYSEV CARGO is required to pay a wagon use fee, GYSEV CARGO Zrt. is entitled to re-invoice this fee to the customer. (26) If the customer does not demonstrably object to the condition of the wagon provided for loading within 2 hours after commencement of the loading, the condition of the wagon shall be deemed to be flawless upon provision by GYSEV CARGO. (27) Wagons provided for loading in public loading areas may be moved by the consignor only with the permission of GYSEV CARGO and in the presence of a railway employee. During the movement of the wagon, the consignor is obliged to abide by the instructions of the railway employee. Instruments that prevent the wagon from rolling off may only be removed or operated by the railway employee Loading (28) The loading of the goods shall be the responsibility of the consignor who is required to perform the loading and the securing of the goods on the wagon in accordance with UIC VRL Vol (Loading Guidelines. Valid from:

4 (29) The conditions and method of loading dangerous goods are defined in the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID). (30) The consignor is obliged to comply with the traffic and operational safety regulations of the railway during the loading. (31) A loading machine may only be operated in possession of a machine loading permit valid for the station and the loading machine in question. (32) The goods loaded in the wagon must not exceed the load limit of the wagon. The load limit of the wagon is determined by the respective railroad class of which GYSEV CARGO Zrt. notifies the consignor in the confirmation of the wagon order. (33) GYSEV CARGO shall ensure the consignor a standard loading time of 6 hours starting at the scheduled loading time specified in the confirmation of the wagon order. Other loading times as well as the detailed rules on the interruption of loading times and the calculation of the wagon demurrage charge are included in Annex 3 to the GCT. If the loading time is exceeded, GYSEV CARGO is entitled to charge a wagon demurrage charge Takeover of the goods for carriage, freight restrictions (34) GYSEV CARGO takes over the consignments for carriage at the locations listed on its homepage in the document Freight Service Areas or at the location defined in the confirmed transport offer. (35) If the goods are dispatched from or delivered to a station marked "K" in the document Freight Service Areas, the consignor resp. the consignee must have a separate agreement with GYSEV CARGO Zrt. in place for the takeover resp. the delivery of the goods. (36) For a separate fee specified in the freight tariff or in the offer, GYSEV CARGO Zrt. will provide the wagons with a seal, unless the consignor uses a seal conforming to the conditions of UIC 426. (37) For operational or economic reasons, GYSEV CARGO Zrt. may a) temporarily refuse to take over certain goods for carriage or impose special conditions on their takeover; b) temporarily suspend the takeover of goods for carriage and their forwarding partially or in whole; c) give priority to certain consignments during the transport. (38) GYSEV CARGO provides information on its freight restrictions on its homepage and, if requested, via , too. (39) If the debtor has an overdue payment obligation based on the documents of GYSEV CARGO, GYSEV CARGO may, until the debt has been settled, refuse to accept the goods for carriage or impose a freight restriction in international traffic for the takeover. (40) GYSEV CARGO undertakes to accept dangerous goods and waste in station loading areas only if the consignor declares in writing that he shall ensure compliance with the relevant legal conditions when loading the consignment The consignment note (41) Unless otherwise agreed, GYSEV CARGO Zrt. takes over the goods for carriage in international CIM transport with a consignment note according to the CIT Consignment Note Manual, in domestic transport with a BEFU consignment note. (42) The consignor may indicate the value of any goods in the column provided for that purpose in the consignment note. The price of the value declaration is indicated in the freight tariff. (43) Consignments with an interest in delivery shall be accepted by GYSEV CARGO for the purpose of carriage only on the basis of a separate agreement and upon payment of the price defined in the tariff. In the case of such an agreement, the consignor must also enter the amount of the interest in delivery in the corresponding column of the consignment note. Valid from:

5 (44) The consignor is liable for the correctness of the entries and explanations given in the consignment note and bears all damage resulting from their incorrectness. The consignor is responsible for the entries in the consignment note even if the consignment note was issued on behalf of the consignor by an employee of GYSEV CARGO who had followed the consignor s instructions at the time of issue and the consignment note was signed by the consignor Takeover of the goods, consignment inspection, reservations upon takeover for carriage, handling of irregularities on route (45) The carrier shall have the right to examine at any time whether the conditions of carriage have been complied with and whether the consignment corresponds with the entries in the consignment note made by the consignor. If the examination concerns the contents of the consignment, this shall be carried out as far as possible in the presence of the person entitled; where this is not possible, the carrier shall require the presence of two independent witnesses, unless the laws and prescriptions of the State where the examination takes place provide otherwise. (46) If the consignment does not correspond with the entries in the consignment note or if the provisions relating to the carriage of goods accepted subject to conditions have not been complied with, the result of the examination must be entered in a record corresponding to the CIT20 template, in the copy of the consignment note which accompanies the goods, and also in the duplicate of the consignment note, if it is still held by the carrier. In this case the costs of the examination shall be charged against the goods, if they have not been paid immediately. (47) GYSEV CARGO is entitled to check at any time whether the mass of the consignment corresponds with the mass indicated on the consignment note. (48) If the difference between the declared mass and the mass determined by GYSEV CARGO is 5% of the declared mass or less, the base for the tariff calculation shall be the declared mass. (49) If the difference between the mass determined by weighing and the declared mass is more than 5% of the declared mass, GYSEV CARGO will determine the carriage charge as well as the charges subject to the mass on the basis of the measured mass, and will charge both for mass determination and the transfer of the goods to the scales according to the tariff. (50) In the case of consignments for which a wagon price or a train price is calculated by separate agreement, the difference between the mass determined by weighing and the declared mass is more than 5% of the declared mass, GYSEV CARGO will charge for the costs of the mass determination and the transfer of the goods to the scales. (51) Should GYSEV CARGO refuse to take over the goods because of its defects or deficiencies, it will inform the customer thereof in writing. The customer is obliged to reimburse GYSEV CARGO the costs of the wagon cancellation, the wagon demurrage charge as well as the costs of any services incurred. (52) If GYSEV CARGO detects loading irregularities at the station of dispatch, it will ask the consignor to eliminate them and will refuse to accept the goods for carriage until the irregularities are eliminated. The costs incurred by GYSEV CARGO until the elimination of the loading irregularities shall be charged to the customer by GYSEV CARGO Zrt. (53) If GYSEV CARGO Zrt. detects loading irregularities on route, it will stop the consignment and immediately inform the customer of the detention and its reason in writing. Unless otherwise stipulated, GYSEV CARGO is responsible for eliminating the loading irregularity. GYSEV CARGO will charge the costs incurred in connection with the elimination of the irregularity to the payer. (54) GYSEV CARGO will charge a wagon demurrage charge for the duration of the detention on route. (55) Regarding unloaded cargo surplus, GYSEV CARGO will request instructions from the consignor. GYSEV CARGO will store the cargo surplus subject to the payment of a storage fee specified in the tariff Valid from:

6 for a maximum of 6 days. After this period, it will utilize it and settle the amount recovered from the utilization with the consignor. (56) If the customer disregards the load limit or the loadable mass announced by GYSEV CARGO during the loading of the wagon, GYSEV CARGO will - if there is a detour - forward the consignment by the shortest available route and calculate the carriage charge and the transit period for this transport route. (57) Within the meaning of the Network Access Contract and within the scope of an official control, the infrastructure manager respectively the National Transport Authority (NKH) has the right to control the mass of consignments carried by GYSEV CARGO. If the infrastructure manager or NKH carries out a mass control and the mass determined by them exceeds the load authorized for the given infrastructure, GYSEV CARGO will impose the costs resp. the fine arising from the excess mass assuming the consignment had been taken over for carriage with the consignor's declared mass on the consignor. (58) If the cargo of the wagon loaded by the consignor is deemed to be an extraordinary consignment upon the takeover in accordance with Annex 4 of the GCT, GYSEV CARGO will ask the consignor to obtain the necessary permits for the takeover/forwarding of the consignment (hereinafter referred to as EC-permit) for the entire transport route. In the absence of an EC-permit, GYSEV CARGO Zrt. will not accept the goods for carriage. 4. Execution of the carriage 4.1. The transport route (59) Unless otherwise agreed, the transport route shall be determined by GYSEV CARGO. The customer shall communicate his claims to the transport of the goods on a concrete transport route to the contact person of GYSEV CARGO Zrt. upon submitting his request for quotation Cargo escort (60) GYSEV CARGO Zrt. may prescribe the escort of certain consignments for legal or safety reasons or may at the request of the customer specified in the request for quotation consent to the escort. The detailed conditions of cargo escort must be agreed in writing prior to the carriage Administrative procedures and documents (61) The consignor is obliged to enclose the documents necessary for administrative procedures during the transport to the consignment note and to itemise them. If the administrative procedure cannot be carried out during the transport because the consignor has not properly issued the documents or has not enclosed the prescribed documents, GYSEV CARGO will ask him to hand over the missing documents or to remedy the deficiencies. GYSEV CARGO Zrt. assumes no liability for the suitability of the documents provided by the customer for the administrative procedure and will charge any additional costs incurred during the carriage due to the lack or the inadequacy of the documents to the customer. (62) Documents other than those required for administrative procedures are taken over by GYSEV CARGO Zrt. for the purpose of forwarding during transport on the basis of a separate agreement. (63) For administrative procedures carried out by GYSEV CARGO Zrt. or its agent on behalf of the customer, GYSEV CARGO will charge the ancillary charges specified in the offer or in the contract Transit periods Valid from:

7 (64) In the absence of any other agreement, 14 of the RFC shall be authoritative for the determination of the transit period in domestic transport and Article 16 of the CIM in international transport. (65) Unless otherwise agreed, the timetables, transport plans and train schedules provided or made available to the customer do not constitute an agreement on the transit period. (66) The transit period is suspended: a) if a railway undertaking has introduced a freight restriction for the given transport route or railway station; during the period of detention b) Saturdays, Sundays and on public holidays from midnight to 6 a.m. on the working day after the public holiday; c) if the consignment arrives at the station of destination outside its business hours until 2 hours after the beginning of the next business hours; (67) In particular, the following cases shall be deemed as detention for reasons beyond the control of the railway undertaking: a) the period of detention due to a content inspection or mass control of the cargo carried out by GYSEV CARGO, if deviations from the contents of the consignment note have been detected that alter the freight charge or give cause for reservation; b) the period of detention due to transhipment or adjustment of the load, if it is necessary owing to the improper loading of the consignor; c) the period of detention due to administrative procedures; d) the period of detention due to the amendment of the contract of carriage, e) detention for reasons lying with the infrastructure manager of the transport route, f) in the case of successive carriers, if the receiving railway undertaking will not accept the consignment which has been duly offered for takeover in due time; furthermore; g) the absence of a valid EC-permit, h) in general all circumstances or events upon which GYSEV CARGO Zrt. has no influence, i) any other detention arising from vis major Circumstances preventing carriage (68) GYSEV CARGO shall inform the customer entitled to dispose of the goods of circumstances preventing carriage in writing - by - and, if necessary, ask for his instructions. The deadline for issuing the instruction is 24:00 hours of the second calendar day after the submission of the written notification. (69) If the customer entitled to dispose of the goods has not given a practicable instruction by that time, GYSEV CARGO will charge a wagon demurrage charge. (70) If GYSEV CARGO proves that the circumstances preventing carriage have arisen for reasons lying beyond the control of the railway company (see 4.4), the person obliged to pay under the contract of carriage shall be obliged to pay the expenses incurred by the carrier in this regard as well as the prices of services according to the tariff, from the time the circumstances preventing carriage have arisen until their elimination. (71) If the circumstances preventing carriage cease to exist prior to the arrival of the consignor's instructions, GYSEV CARGO will continue the carriage, with the simultaneous notification of the customer, in accordance with the original terms of the contract Subsequent orders (72) Subsequent orders shall be accepted by GYSEV CARGO on the form of the CIM Consignment Note Manual or with the same contents in writing. Subsequent dispositions can only be given for the entire consignment. Valid from:

8 (73) The costs of the execution of subsequent orders shall be borne by the person obliged to pay within the meaning of the contract of carriage. (74) The consignor may require GYSEV CARGO to collect the freight charges according to the consignment note from another payer. The contract amendment will only be confirmed by GYSEV CARGO if the new payer has concluded a contract with him on the central settlement of charges and the consignor had enclosed the declaration of the payer on the payment of the freight costs to the subsequent order. (75) If the consignment is detained on route due to a subsequent order, GYSEV CARGO will charge a wagon demurrage charge after receiving the consignor's instruction from the time of the detention until the forwarding of the consignment, but no longer than the scheduled departure of the first train suitable for forwarding. The wagon demurrage charge shall be borne by the person obliged to pay under the contract of carriage. (76) If, based on a subsequent order, GYSEV CARGO forwards the consignment from the original station of destination to a new station of destination or sends it back to the station of dispatch, GYSEV CARGO will charge a wagon demurrage charge from the time of the arrival of the consignment at the original station of destination, after the receipt of the subsequent order, until the consignment is actually forwarded, but no later than the scheduled departure of the first train suitable for the forwarding. The wagon demurrage charge shall be borne by the person obliged to pay under the contract of carriage. (77) If the consignor gives an impracticable subsequent order, GYSEV CARGO will forward the consignment 24 hours after the relevant notification has been sent in accordance with the original contents of the consignment note, he shall notify the consignor in writing and charge a wagon demurrage charge for the duration of the detention as well as the costs of services resulting from the detention. 5. Delivery of the consignment 5.1. Notification (78) GYSEV CARGO shall notify the consignee of the arrival of the consignment and the commencement of unloading, unless otherwise agreed by the parties, at least 3 hours prior to the commencement of unloading. The notification may be made by or by separate agreement by telephone. (79) The unloading time starts after the elapse of 3 hours from the time of the notification. If the recipient has waived the notification, the unloading time begins with the time when GYSEV CARGO is ready to deliver the consignment. (80) The notification shall be considered received: a) in case of notifications by phone at the time of the communication (telephone notifications or their attempts are registered by GYSEV CARGO, in this case the time of the notification is - unless otherwise proved - the time recorded in the register); b) in case of notifications by at the time of their sending. (81) GYSEV CARGO has complied with its obligation to notify if it has notified the recipient by telephone or has forwarded the electronic data. (82) GYSEV CARGO will only accept the instructions of the consignee with regard to the consignment in writing Circumstances preventing delivery (83) When circumstances prevent delivery, GYSEV CARGO Zrt. shall notify the consignor and ask for his instructions regarding the consignment. The deadline for issuing the instruction is 24:00 hours of the Valid from:

9 day after the date of the written notification. GYSEV CARGO is entitled to charge a wagon demurrage charge until the instruction is received. The consignor shall give instructions to GYSEV CARGO in writing. The costs of the notification and the execution of the instruction shall be borne by the person obliged to pay under the contract of carriage. (84) GYSEV CARGO will invoice to the person obliged to pay under the contract of carriage the costs of measures taken to eliminate the circumstances preventing delivery, the costs of the execution of the instructions given by the consignor as well as the prices of services and the carriage charges incurred Taking possession of the consignment note and delivery of consignment (85) GYSEV CARGO will deliver the consignment to the consignee only after the consignee has taken possession of the consignment note. (86) GYSEV CARGO undertakes to deliver dangerous goods and waste in station loading areas only if the consignee declares in writing that he shall ensure compliance with the relevant legal conditions when unloading the consignment Reservations upon delivery (87) In the event reservations are expressed by the consignee, the findings of the joint investigation as well as its commencement and termination will be recorded by GYSEV CARGO in a protocol corresponding to the template CIT20. (88) If the consignee has expressed reservations and there is no partial or total loss or damage according to the protocol, the consignee shall pay for GYSEV CARGO the cost of drawing up the protocol in accordance with the tariff and any incidental charges and costs incurred. (89) A copy of the damage report shall be given by GYSEV CARGO to the consignee against the written confirmation of the latter no later than one working day after the damage has been determined Unloading and return of the wagon (90) The consignee may commence unloading only after he has taken possession of the consignment note and the consignment has been delivered, and, if necessary, upon presentation of the authorization required by the railway (e.g. loading track with overhead cable). (91) A loading machine may only be operated in possession of a machine loading permit valid for the station and the loading machine in question. The customer shall submit his claims for a machine loading permit to the Service Centre of GYSEV CARGO. (92) After unloading, the consignee must return the wagon or the container transported on the wagon with closed and fixed doors or dome covers and any accessories properly affixed in an empty state to GYSEV CARGO within the loading time. (93) The customer (consignee) is liable for damages and costs incurred by him during unloading. Any costs incurred by GYSEV CARGO for this reason will be charged to the customer. (94) If the consignee does not demonstrably object to the condition of the wagon provided for unloading within 2 hours after commencement of the unloading, the condition of the wagon shall be deemed to be flawless upon provision by GYSEV CARGO. (95) If GYSEV CARGO does not demonstrably object to the condition of the empty wagon within 6 hours after its receipt, the condition of the wagon shall be deemed to be flawless upon receipt by GYSEV CARGO. Valid from:

10 (96) If the unloading is interrupted for any reason, the consignee will fix consignments not yet unloaded, wagon and container doors and wagon accessories in a way that any movement of the wagon will not damage persons, consignments or railway facilities. Should GYSEV CARGO interrupt the unloading performed by the consignee for operational reasons, it will include this time in the unloading time. (97) Wagons provided for unloading in public loading areas may be moved by the consignee only with the permission of GYSEV CARGO and in the presence of a railway employee. During the movement of the wagon, the consignee is obliged to abide by the instructions of the railway employee. Instruments that prevent the wagon from rolling off may only be removed or operated by the railway employee. (98) GYSEV CARGO shall ensure the consignee a standard unloading time of 6 hours. Other unloading times as well as the detailed rules on the interruption of unloading times and the calculation of the wagon demurrage charge are included in Annex 3 to the GCT. If the unloading time is exceeded, GYSEV CARGO is entitled to charge a wagon demurrage charge. (99) The consignee may deposit the cargo unloaded from the wagon with the prior approval of GYSEV CARGO Zrt. on the loading area. GYSEV CARGO Zrt. is not liable for cargo deposited/unloaded. When depositing the goods on the loading area, the relevant regulations of the Network Statement must be adhered to. (100) The consignee is to remove the deposited cargo from the loading area within 24 hours of the end of the unloading time. Cargo deposited more than 24 hours ago, without authorization or not in accordance with the regulations may be relocated by GYSEV CARGO to a suitable place and put in a proper condition at the cost and responsibility of the consignee, if, despite warning, the deficiency is not remedied by the consignee. (101) If the consignee does not fulfil the provisions of 22 (2) of the RFC, GYSEV CARGO may refuse to take back the wagon and charge the consignee a wagon demurrage charge. If the customer fails to comply with the provisions of 22 of the RFC until 16:00 one working day after the end of the unloading time, GYSEV CARGO can remedy the deficiencies itself and charge the costs incurred thereby as well as a wagon demurrage charge to the person obliged to pay. 6. Payment of carriage charge and costs 6.1. Elements of freight costs a) Carriage charge: the amount paid by the person obliged to pay for GYSEV CARGO within the meaning of the contract of carriage for performing the carriage (forwarding) of the consignment; b) Ancillary charge: the costs of ancillary and other services rendered by GYSEV CARGO in connection with the carriage; c) Other costs: Costs incurred during transport (at the station of dispatch, at intermediate stations and at the station of destination) which were necessary for the forwarding of the consignment Payment methods (102) GYSEV CARGO allows central or station clearing. In the case of central clearing, the payer must have an appropriate contract with GYSEV CARGO in place. In the absence of such a contract, the payer can pay the freight costs at the cash points of the freight service centres of GYSEV CARGO in cash. (103) Payment parameters must always be indicated by the consignor in the consignment note Division of freight costs (104) Unless otherwise agreed, freight costs shall be split as follows: Valid from:

11 (105) If the consignor is the payer, he is to pay all costs incurred at the station of dispatch and on route; the costs incurred at the station of destination shall be borne by the consignee. (106) If the consignor has specified the consignee as the payer, the costs incurred at the station of dispatch shall be borne by the consignor, while the carriage charge and the cost of services provided on route and at the station of destination shall be borne by the consignee. (107) If the consignor has designated a third party as the payer, the costs incurred at the station of dispatch shall be borne by the consignor, the carriage charge and the costs incurred on route shall be borne by the third party and the costs of services provided at the station of destination shall be borne by the consignee. 7. Invoicing, handling of invoice complaints, setoff, late payment and its consequences 7.1. Invoicing, late payment, setoff (108) Unless otherwise agreed, invoices issued by GYSEV CARGO Zrt. shall be due in full without deduction within 15 days. (109) There is a delay in payment if - without any prior notice of payment - the person obliged to pay has not submitted an invoice complaint and has not paid the total amount of the invoice until its maturity. Unless otherwise agreed, claims for deduction from or offsetting against the invoices of GYSEV CARGO Zrt. are excluded. (110) In the event of late payment, GYSEV CARGO Zrt. is entitled - unless otherwise agreed to apply the statutory default interests. (111) If there is a delay in payment, GYSEV CARGO Zrt. shall send the customer a notice of payment with a payment period of 8 days. If the deadline expires without a result, GYSEV CARGO Zrt. may exercise a right of retention and lien. If the notice of payment cannot be delivered to the customer - although its address corresponds to the company address entered in the current company register - the notice of payment shall be deemed delivered on the fifth day following the date of dispatch in the case of a domestic addressee and on the twentieth day following the date of dispatch in the case of a foreign addressee. The parties shall ensure the receipt of documents and will not refuse their acceptance Handling of invoice complaints (112) If, in the customer s opinion, the invoice issued by GYSEV CARGO Zrt. does not comply with the contract and/or the legal provisions, the customer shall inform GYSEV CARGO of his objections in writing, within 15 days of the receipt of the invoice, by clearly stating the error. Undisputed amounts shall be paid within the original payment period. GYSEV CARGO Zrt. shall respond to the objections submitted as described above, in writing, within 30 days. The parties will expressly seek to clarify their views through their contact persons by telephone and/or in person in the interest of an early payment Retention and lien (113) In the event of late payment, GYSEV CARGO Zrt. has the right to withhold any outstanding services up to their amount until the payment is effected or an adequate security is provided. GYSEV CARGO Zrt. may also set a deadline for the payment or the provision of security. The security shall be deemed adequate if it is sufficient to cover all due receivables of GYSEV CARGO and can be used immediately by GYSEV CARGO without additional costs or preconditions for the entirety of its outstanding claims. The customer can use a general security to redeem the right of retention. Valid from:

12 (114) The practical costs necessarily incurred as a result of the exercise of the right of retention as well as any relocation costs shall be borne by the customer or they may be paid at the expense of the security. (115) In addition to its right of retention, GYSEV CARGO Zrt. may assert a lien on the goods it has taken possession of in the course of the carriage in order to enforce its overdue receivables, up to the amount of the receivables, in accordance with the relevant legal provisions. The costs associated with the enforcement of the lien shall be borne by the customer Collection of claims (116) If the measures in are ineffective or do not cover the amount of the claim, GYSEV CARGO Zrt. shall be entitled to hand over the overdue receivables for collection to a collection agency under contract with GYSEV CARGO. All related costs shall be borne by the customer. (117) GYSEV CARGO Zrt. shall treat any personal data obtained in the course of the performance of the contract of carriage in accordance with the applicable Hungarian legislation. By accepting these Terms and Conditions, the customer agrees that GYSEV CARGO Zrt. forwards any information obtained during the performance of the contracts of carriage to a collection company under contract with GYSEV CARGO and that GYSEV CARGO uses this company as a cooperating institution. GYSEV CARGO Zrt. declares that the data management conditions satisfying the Hungarian legal requirements are met in the case of each individual data forwarded. 8. Liability and enforcement of damage claims 8.1. Liability (118) Liability for rail freight services and its limitation shall be governed by the provisions of the Civil Code in force on the carrier s liability and the liability rules of the Government Decree 32/2009. (II 19.) on Rail Freight Contracts (RFC) in domestic transport; and by Annex B Uniform Rules concerning the Contract of International Carriage of Goods by Rail " to the Convention on International Carriage by Rail (COTIF) published by the Act LXXVII/2006 in international transport. (119) In case of other services connected with rail freight services, GYSEV CARGO Zrt. is liable for incidental goods damages only in the case of its imputability and up to a value of 8.33 SDR/kg Loss and recovery of the goods (120) If the person entitled does not give instructions regarding the recovered goods within 30 days of the relevant notification or if the goods are found one year after the payment of the damages, GYSEV CARGO Zrt. shall market the goods. (121) GYSEV CARGO will hand over the recovered goods to the person entitled only after repayment of the damages already paid Liability of the customer/consignor (122) The customer/consignor shall be liable for all imputable actions that prevent GYSEV CARGO from fulfilling its obligation to the performance of the carriage. In particular, the customer/consignor is liable for the consequences of defective or incomplete packaging, the consequences of improper loading/unloading, the consequences of incorrect, insufficient or incomplete information when ordering the transport service and for the improper performance of customs or other official procedures. Valid from:

13 (123) If possible, GYSEV CARGO Zrt. will conduct the content inspection in the presence of the person entitled to dispose of the goods. If the consignment does not comply with the details of the consignment note, the result of the inspection shall be recorded by the railway company in a protocol and in the consignment note and the costs of the inspection will be charged to the person obliged to pay Submission and handling of claims for damages (124) If the person entitled to assert a claim for compensation intends to lodge a claim with GYSEV CARGO Zrt. due to the faulty fulfilment of the contract of carriage, he must submit his claim in writing to the registered office of GYSEV CARGO Zrt. (125) The following documents must be attached to the claim for settlement: a) if it is the consignor who wishes to assert the claim, the duplicate of the consignment note; b) if it is the consignee who wishes to assert the claim, the copy of the consignment note proving the delivery of the consignment, provided that it has been handed over by the railway company; d) the findings report; e) if the claim is not made by the person entitled to do so, the original of the power of attorney entitling to full representation; f) if the amount of the damage is provable with an invoice, a copy of the invoice. (126) The above mentioned documents are to be attached in original or in copy except for the power of attorney according to point e). (127) At the request of GYSEV CARGO Zrt. the person entitled to compensation is obliged to present the originals of the documents submitted in copy so that GYSEV CARGO Zrt. can indicate on them if they have been settled. (128) The provisions of relevant international agreements (COTIF CIM Uniform Rules, SMGS) are applied by GYSEV CARGO Zrt. in international transport in procedures concerning the settlement of claims arising from the incorrect performance of the contract of carriage. (129) If the claimant initiating an out-of-court settlement of the claim for damages has not enclosed the required documents to his letter, GYSEV CARGO Zrt. will demand him to remedy the defect. If the claimant submits the documents within 15 days, his letter concerning the extrajudicial settlement of the claim will be deemed to have been duly filed. However, if he fails to remedy the defect within 15 days, he shall be deemed not to have initiated the out-of-court settlement of the claim for damages. Valid from: