CONDITIONS FOR THE TRANSPORT OF GOODS BY SEA

valid from March 1, 2026
until the date of introduction of changes

1. Definitions

In these Terms and Conditions:

2. Contract

2.1. The Contract is concluded between the Carrier and the Shipper. Evidence of the Contract will be a cargo ticket issued by the Carrier or another authorized person, as the Carrier's agent, upon acceptance of the Goods for Carriage. The Carrier will not issue a bill of lading or any other document constituting title to the Goods, whether requested by the Shipper or any other person, regardless of any customs, practices, or regulations to the contrary.

2.2. The Goods will be transported in accordance with the Conditions. The contract will be and is concluded with the Carrier even if the cargo ticket or other non-negotiable document is issued by another entity, which then acts solely as the Carrier's agent and bears no liability.

2.3. These Conditions do not apply to the carriage of drivers or escorts accompanying the Vessel, nor to their luggage, nor to passengers, their cabin or other luggage. The general conditions of carriage by sea for passengers and their luggage issued by the Carrier and in force on the date of travel will apply to the carriage of such persons, provided, however, that the Carrier always applies the maximum limitation of its liability towards such persons that is at the time permitted by law (regardless of whether this is expressly stipulated in any conditions or agreement) and grants such persons only such rights and privileges as are at the time required by law (regardless of whether such right or privilege is expressly granted in any conditions or agreement). In particular, such persons are obliged to observe and comply with the obligations imposed on passengers by the said general conditions of carriage by sea of passengers and their luggage issued by the Carrier, and the rights which these conditions provide for the Carrier, but they do not exercise the rights which these conditions provide for passengers, unless such rights result from the law in force at the time for these persons.

2.4. After concluding a contract of carriage, documented by a cargo ticket, the Shipper is obligated to deliver the Goods for loading on board and pay the full freight. Any cargo ticket collected is non-refundable.

2.5. The Carrier is not and does not consider itself a public carrier and reserves the right to accept or refuse to accept Goods for Transport.

2.6. These Terms and Conditions may not be amended or waived except by the Carrier's management, which must be in writing and signed by the management to be valid. Changes to these Terms and Conditions may be made at any time without prior notice.

3. Freight

3.1. Freight for Goods shall be payable by the Shipper to the Carrier before they are loaded on board in accordance with the applicable Freight Tariff and the contract of affreightment, if any, entered into with the Carrier, unless otherwise agreed. Dead freight shall be payable in accordance with the contract of affreightment, and if not agreed in the contract of affreightment, the Shipper who has accepted the cargo ticket shall pay to the Carrier a dead freight equal to the full agreed Freight. Freight, together with all fees and other sums that are or may be due to the Carrier in connection with the Carriage, shall be due upon loading of the Goods on board, regardless of whether the Vessel and/or Goods are lost or not. Freight due is non-refundable under any circumstances. The Shipper is responsible for payment of fees and other costs, regardless of whether the Freight is prepaid or not.

3.2. The Carrier has the right of lien on the Goods and Valuables in its possession and on any receivables for the Goods and Valuables under the Conditions, and is also entitled to sell the Goods or Valuables at the Shipper's expense and to use them or the proceeds from their sale to satisfy the Carrier's receivables.

4. Guarantees and liability of the Shipper

4.1. By submitting the Goods for Transport, the Shipper consents and guarantees that:

1. He is entitled to conclude the Contract on his own behalf, on behalf of the Recipient and on behalf of any person whose interest concerns the Goods;
2. The Goods have been correctly described for the purposes of Transport;
3. The cargo has been properly packed and secured to the Unit;
4. The goods are legal;
5. The driver or escort accompanying the Goods is authorized to do so and complies with the requirements of immigration regulations and other regulations in force at the port of loading or unloading;
6. The Recipient is entitled to receive the Goods at the port of unloading;
7. The Carrier is entitled to take reasonable steps to inspect or check the Goods when it reasonably considers it necessary for any reason or when it receives an order from a customs or other authority, whether at the port of loading, discharge or elsewhere.

4.2. The Shipper agrees to compensate the Carrier for:

1. All losses, damages and expenses arising from breach of the Shipper's guarantees provided for in this Clause 4;
2. Any liability that the Carrier may incur towards any third party, excluding that resulting from the negligence of the Carrier;
3. Any liability of the Carrier exceeding the limits specified in the Conditions;
4. All liability of the Carrier and all losses, damages and expenses which the Carrier has suffered or may suffer, including to any third party, for damage to or loss of the Vessel by or as a result of the Goods or for damage to or loss by or as a result of the Goods of other cargoes, units or goods.

4.3 The Shipper is responsible for ensuring that each person (whether authorized or not) traveling with the Unit has all documentation required by immigration, customs, health and other regulations and authorities, and for indemnifying the Carrier for any loss, damage and expense arising from a breach of the above obligations. The Carrier shall have a lien on the Goods and Valuables as security for any losses it may suffer as a result of the Shipper's breach of this Clause 4.

5. The Hague-Visby Rules

5.1. A Cargo Ticket is not a bill of lading or other similar document constituting title to the Goods, but the provisions of the Hague- Visby Rules shall apply to the Contract , provided that Article 3, §3, 4, 7, 8, Article 4, §5(c) and Article 5 shall not apply in any circumstances. Article 3, §6 of the Hague- Visby Rules shall apply to the Conditions, provided that the Carrier and the Vessel shall in any event be discharged from liability in connection with the Goods if an action is not brought within nine months of their delivery or the date on which delivery should have taken place. In the event of any conflict between the Conditions and the Hague- Visby Rules , the Conditions shall prevail, subject to mandatory law.

5.2. The Carrier shall accept, load, stow, transport, unload and generally handle and supervise the Goods in accordance with the obligations arising from the Hague- Visby Rules , as applied in part by this Clause 5, provided that:

1. Goods are considered to be a single package or unit within the meaning of Art. 4 §5(a);
2. The Carrier's liability for any loss or damage to the Goods shall in no event exceed 666.67 Units of Account.

6. Rights and obligations of the Carrier

6.1. The Carrier shall be entitled to place the Goods on or below deck at its sole discretion and the Conditions shall apply whether the Goods are intended to be or are actually carried on or below deck.

6.2. The Carrier is entitled to refuse carriage or delay carriage:

1. Live animals;
2. New and used commercial vehicles;
3. Vehicles with unusual dimensions (in particular caravans and combine harvesters) and vehicles whose load capacity exceeds the dimensions considered by the Carrier as safe for Transport;
4. Valuables.

All such Goods are carried at the Shipper's sole risk. The Carrier shall have no liability in connection with such Goods or for any loss or damage incurred in connection therewith, and the Shipper shall indemnify the Carrier for any loss or damage the Carrier may suffer in connection with the Carriage of such Goods.

6.3. At the Shipper's request, the Carrier shall use reasonable endeavours to provide and maintain electrical power to the Unit, but in no event shall the Carrier be liable for any failure to comply with such request or for any failure, interruption, insufficiency or inadequacy of the electrical power so provided.

6.4. The Carrier may, at its sole discretion:

1. Carry Goods on any Vessel (whether owned or operated by the Carrier or not);
2. Transfer the Goods to any other vessel (whether owned or operated by the Carrier or not);
3. Subcontract all or any part of the Carriage to another carrier;
4. Instruct the Vessel to depart from its route whenever it deems it necessary and justified for any reason;
5. Cancel the voyage or proceed to any other port (or return to the port of loading) and take such steps with respect to the Goods as it considers appropriate when it reasonably believes that the Vessel will not, through no fault of the Carrier, perform the voyage in accordance with the Conditions.

6.5. Subject to the applicable Freight Tariff and the freight agreement, if entered into with the Carrier, loading and unloading of the Unit shall be at the Carrier's expense, however, the Shipper shall indemnify the Carrier for any loss, damage or other costs resulting from damage to the Unit or Cargo during loading or unloading of the Unit, whether on board the Vessel or on shore, or from damage to the Vessel during loading or unloading of the Unit.

6.6. The Carrier may open any vehicle, trailer, container, platform, pallet, packaging or other Unit and inspect, remove, move or otherwise manipulate the Cargo or any part thereof if so ordered or instructed by customs or other civil or military authorities, or if the Carrier deems it necessary. This shall be done at the Shipper's risk and expense, and the Carrier shall not be liable under any circumstances for taking such steps, or for any loss, damage, misdelivery or delay caused by improper stowage or inadequate packaging, or by any confusion of contents, however arising, at any time.

6.7. Subject to the specific provisions of the Conditions, the Carrier shall have no liability whatsoever howsoever arising and whether in connection with the Goods or any instructions, advice, information or services or otherwise.

7. Dangerous Goods

7.1. The Carrier is not obliged to accept or transport Dangerous Goods without prior, express consent.

7.2. The Shipper shall provide the Carrier with all information it may reasonably request in order to take the necessary precautions; the Carrier shall be entitled to affix to the Unit the necessary information required by applicable law to indicate that the Cargo is dangerous – in the event of a breach of which the Carrier shall be entitled to refuse Carriage.

7.3. The carriage of Dangerous Goods is at the Shipper's sole risk, and the Shipper is responsible for any personal injury, loss, or damage resulting from the carriage. The Carrier shall be entitled, at its sole discretion, to unload, destroy, or render harmless the Cargo without compensation to the Shipper, and the Shipper shall be liable for the Freight and other charges due to the Carrier, as well as for any costs and expenses incurred by the Carrier in undertaking such actions.

7.4 If the Carrier agrees to accept and carry Dangerous Goods, then, subject to this Clause 7, the Carriage will be subject to the International Maritime Dangerous Goods Code (2002 Edition) in conjunction with the Memorandum on the Carriage of Dangerous Goods on Ro-Ro Vessels in the Baltic Sea (Baltic Sea Memorandum) as amended.

7.5. Notice of the intended Carriage of Hazardous Cargo must be given at the time of booking cargo space on the Vessel, at least 48 hours in advance of departure.

8. Delivery

8.1. The Carrier will retain custody of the Goods from the time they cross the ramp or side of the Vessel at the port of loading until they cross the ramp or side of the Vessel at the port of discharge. However, the Shipper, Consignee, and other persons accompanying the Goods must secure the Goods against access by third parties and take all reasonable measures necessary to prevent the Goods from moving. They must also switch off the Units and any power consumers in the Units, unless otherwise agreed with the Carrier and Vessel crew.

8.2. The Shipper authorizes the Carrier to deliver the Goods to the Consignee's representative or any person the Carrier reasonably believes to be the driver or escort of the Goods entitled to collect on the Consignee's behalf, which shall constitute a proper delivery of the Goods in accordance with the Conditions. If the Goods are delivered in accordance with the Conditions, the Shipper or Consignee shall have no basis for claims for loss or misdelivery.

8.3. The Shipper shall ensure that the Consignee collects the Goods immediately after discharge at the place of delivery. If the Goods are not collected within 30 days of discharge from the Vessel, the Carrier shall be entitled, at its sole discretion, to sell or otherwise dispose of the Goods without compensation to the Shipper, the Consignee, or any other person having an interest in the Goods.

8.4. At its sole discretion, the Carrier shall be entitled, without prior notice, to sell or otherwise dispose of perishable Goods that are not collected promptly upon arrival or that, in the Carrier's sole discretion, would deteriorate during Carriage, storage or handling, without compensation to the Shipper or Consignee.

8.5. The sale of the Goods may take place by public auction or in any other manner at the Carrier's discretion, and the proceeds may be applied first to the settlement of amounts due to the Carrier under the Conditions and (if there is a lien) other amounts due, and then the remaining amount shall be transferred to the Shipper or Consignee.

8.6. The Carrier may store and/or pack the Goods, both before loading and after unloading, at any place or in any manner it deems appropriate, at the sole risk of the Shipper and/or the Consignee. All fees and costs arising from the storage, packaging, sale or other disposal of the Goods shall be borne by the Shipper and/or the Consignee.

9. Carrier's Liability

9.1. The carrier is free from liability if the damage resulted from:

1. Acts or omissions of the captain, other crew members, pilot or persons employed by the Carrier in the navigation or administration of the vessel;
2. Fire, unless it was caused by the Carrier's own fault or action;
3. Dangers or accidents at sea or on navigable waters,
4. Force majeure,
5. Warfare, acts hostile to public good and order, riots or internal disturbances,
6. Act or coercion by the authorities or judicial seizure,
7. Restrictions resulting from quarantine,
8. Strike, lockout or other circumstances suspending or restricting work in whole or in part,
9. Saving or attempting to save life or property at sea,
10. Hidden defects, inherent properties or defects of the cargo causing a loss of volume or weight or other loss,
11. Insufficient packaging of the Cargo,
12. Insufficiency or imprecision of the Cargo markings,
13. Hidden defects that cannot be noticed despite due diligence,
14. Acts or omissions of the Shipper, Shipper or Consignee or their agent or other representative,
15. Any other cause resulting from no fault of the Carrier, its agents or persons employed by the Carrier.

9.2. Furthermore, in no event, however and whenever arising, shall the Carrier be liable for:

1. Delay, however and whenever it occurs;
2. Any loss or damage occurring before the Goods cross the ramp or side of the Vessel during loading or after the Goods cross the ramp or side of the Vessel during unloading or during loading or unloading, regardless of the cause thereof;
3. Loss of use of the Goods or any part thereof, or any other indirect loss or damage;
4. Indirect or consequential loss or damage, however and whenever arising, or for any commercial loss, including that caused even by wilful negligence or deliberate misconduct of the Carrier, any damage, loss, delay, wrongful delivery or failure to deliver the Goods or documents relating to the Goods;
5. Force majeure events, including in particular forces of nature, war or threat thereof, terrorism, riots or other social unrest, natural or nuclear disaster, fire, any technical problems, port closures, strikes or other industrial lockouts, severe weather conditions or other events beyond the control of the Carrier.

9. 3. Notification of any loss or damage to the cargo, along with all relevant details, must be communicated to the Carrier in writing during loading or unloading (a damage report is provided by the Carrier). If the loss or damage is not visible, notification should be sent to the Carrier on the day the loss or damage is discovered. The Shipper is obligated to present all available documentation and other evidence relating to the circumstances relevant to the occurrence and amount of the damage. The Shipper is obligated to take steps to prevent the damage from increasing. In the absence of notification within the above-mentioned period, it is assumed that the loss or damage did not occur during the carriage performed by the Carrier and that the Carrier is not liable in this respect.

9.4. The defences, exclusions and limitations of liability set out in the Conditions shall apply to any action brought against the Carrier, whether in contract, tort or custody.

10. Exclusion and dismissal of all employees and agents of the Carrier

In connection with the provision or anticipated provision of services by the Carrier's employees, agents or subcontractors and the performance by the Carrier of its obligations under the Conditions, it is agreed between the Shipper and/or the Consignee and the Carrier, as agent of the employees, agents and subcontractors, that the exclusions and limitations of the Carrier's liability under the Conditions shall apply to the Carrier's employees, agents and subcontractors, who shall, to that extent, be deemed to be parties to the Contract; and in addition, the Carrier's employees, agents and subcontractors shall be entitled to all indemnities granted by the Shipper and/or the Consignee to the Carrier in the Conditions.

11. Common Failure

General Average shall be settled at any port or place at the Carrier's option in accordance with the York-Antwerp Rules 1994. In the event of accident, peril, damage or disaster, before or after the commencement of the voyage, arising from any cause, whether negligence or not, for which the Carrier is not liable by statute, contract or otherwise, the Shipper and/or Consignee shall share with the Carrier in the General Average in payment of any sacrifices, losses or expenses of the General Average which may be incurred and shall pay salvage and extraordinary charges incurred in connection with the Goods.

12. Claims for rescue operations

The Shipper and/or Consignee shall indemnify the Carrier for all sums and expenses incurred or all liabilities incurred by the Carrier on behalf of the Shipper and/or Consignee with the intention of avoiding delay of the Vessel or Goods following claims for salvage or other benefits for the Vessel or Goods, and the Shipper and/or Consignee shall, at the request of the Carrier, indemnify the Carrier or salvor for such sums, expenses or liabilities, until such time as the Carrier shall have a lien on the Goods. If the salvage vessel is owned or operated by the Carrier or an affiliate, the salvage fee shall be payable as if the salvage vessel belonged to a third party.

13. Final clauses

13.1. If any legislation applies to the Carrier's business, the Conditions shall apply subject to that legislation, but nothing in the Conditions shall be deemed to be a waiver or relinquishment of any rights or interests or an extension of the Carrier's obligations or liabilities under that legislation. If any provision of the Conditions, or part thereof, is inconsistent with such legislation or is illegal or unenforceable, the Conditions shall apply without regard to that provision or part thereof.

13.2. Failure by the Carrier to enforce any provision of the Conditions shall not be deemed a waiver of that provision or prejudice the Carrier's right to enforce any other provision of the Conditions.

14. Language

The Terms and Conditions have been drawn up in English, Swedish and Polish and in the event of any discrepancy between the versions, the English version shall prevail.

15. Competent courts and law

15.1. Disputes arising out of these Conditions brought by or on behalf of the Shipper and/or the Consignee or any other person shall be settled exclusively by the English High Court of Justice. However, the Carrier may, at its option, bring any claim against the Shipper and/or the Consignee in the courts of England, Poland or Sweden, in which case such court shall have exclusive jurisdiction. Proceedings against the Carrier must be commenced within 9 months of the date of discharge or the date on which the Goods should have been discharged, failing which the claim will be barred, or if, under applicable law, such barring does not occur, will be barred.

15.2 The Parties agree that any disputes will be resolved exclusively in accordance with English law and the Contract and Terms shall be governed by English law unless the Parties expressly agree otherwise.

16. Third Party Rights

The Contracts (Rights of Third Parties) Act 1999 does not apply to the Terms.

17. Insurance

The Shipper and/or the Consignee are obliged to insure the risks incurred by them in accordance with the Conditions.

These Terms and Conditions are issued by: POLSCA Spółka Akcyjna .