PUBLIC ADHESION AGREEMENT

1. TERMS AND DEFINITIONS

  • 1.1. Terms of Service (hereinafter – the Terms) – a document that establishes the procedure and conditions for using the services (for each specific service) provided by the Contractor and posted on the Website https://mps.com.ua/.
  • 1.2. Public Adhesion Agreement (hereinafter – the Agreement) – an agreement posted on the website
    https://mps.com.ua/public-contract-of-adhesion/  and concluded between the Client and the Contractor through the Client’s adhesion to its terms by performing the following actions:
  • 1.2.1 submitting a Transportation Request on the Contractor’s website in the manner determined by the Agreement and the Terms.
  • 1.3. Transportation Request – a request filled out on the Contractor’s website https://mps.com.ua/
  • 1.4. Contractor – MPS Express LLC, USREOU code 45162451.
  • 1.5. Logistics Partner in Ukraine – MPS Express LLC – USREOU code 45162451.
  • 1.6. Personal Account – the electronic interface of the personal page of a registered User on the website,
    through which the User manages their account and can receive
    additional services.
  • 1.7. Client Code – a unique identifier assigned to the Client upon registration on the Website.
  • 1.8. International Express Shipment (hereinafter – the Shipment) – properly packed documents,
    goods and other items (except those prohibited by the legislation of Ukraine and/or the destination country from being moved across
    the customs border), which are accepted from the Client/Sender, processed and transported by the Contractor at the order
    of the Client, by any mode of transport depending on the type of services.
  • 1.9. Client/User – an individual who has reached the age of 18, an individual entrepreneur (IE) or
    a legal entity that accesses the Website for the purpose of using the Website’s functionality and/or
    orders services from the Contractor. Depending on the selected service, the Client also acts as the Payer,
    Declarant, Recipient and/or Sender.
  • 1.10. Sender – an individual or legal entity specified in the Transportation Request as the sender
    of the Shipment.
  • 1.11. Recipient – any capable individual, their authorized person receiving a particular Shipment
    and/or specified in the Transportation Request and/or the international express waybill as the Recipient.
  • 1.12. Payer – an individual or legal entity, their authorized or official or representative person who pays
    the cost of the Contractor’s services.
  • 1.13. Declarant — any person who declares the Goods independently or on whose behalf such declaration
    is made.
  • 1.14. Invoice – a document provided by the seller to the buyer containing a list of goods, their quantity and price at
    which they were supplied to the buyer, formal characteristics of the goods (color, weight and others), delivery terms and information about
    the Sender and the Recipient.
  • 1.15. Goods – a material object purchased by the Client from the Seller.
  • 1.16. Seller – any individual or legal entity at the Client’s sole discretion who, for a fee, transfers the Goods
    into the Client’s ownership in the territory of the Seller’s country. The Contractor is not the seller/owner/supplier of the Goods.
  • 1.17. Warehouse in the Sender’s country – a warehouse whose address is specified by the Client for delivery of the Goods in the country
    of the Seller/Supplier.
  • 1.18. Website – a website accessible via a domain name https://mps.com.ua/
  • 1.19. Application number – a unique identifier generated when placing a Shipment application for
    tracking the status of the Shipment.
  • 1.20. Tracking number – a unique identifier assigned to the Goods/Shipments and with the help of which
    one can track the location of the Shipment and its route to the warehouse in the Seller’s country.
  • 1.21. Unidentified goods – an order that arrived at the Warehouse in the Seller’s country without its prior
    registration in the Client’s/User’s Personal account and without data for its identification on the accompanying documents.
    It is automatically entered into the register of lost Goods/Shipments.

2. GENERAL PROVISIONS

  • 2.1. This Agreement applies (is an integral part) to all Terms of service provision. The Agreement and Terms
    apply in the version effective at the time of submitting the Shipment application. The current version of the Agreement and Terms
    is published on the Contractor’s Website and takes effect from the day of its publication. The Contractor has the right to unilaterally
    revise (amend) the content of the Agreement and Terms. The Client is obliged to check the Agreement and Terms. Performance
    by the Client of the actions provided for in clause 2.3 of the Agreement is regarded as the Client’s unconditional consent to and acceptance of the new version of the Terms.
  • 2.2. This Agreement is concluded by the Client giving full and unconditional consent to the conclusion of the Agreement in
    full scope, without signing a written copy of the Agreement by the Parties.
  • 2.3. By submitting a Shipment application filled out on the Website, the Client confirms that they are fully
    familiar with and agree to the provisions of the Agreement.
  • 2.4. In matters of required documentation, the list of prohibited Goods, etc., this Agreement is governed by
    the legislation of the countries of the Sender, the Recipient and transit countries.
  • 2.5. The Contractor has the right to engage third parties at their own discretion to fulfill their obligations to the Client, and
    also has the right to independently choose or change the mode of transport, the shipment route, the procedure for shipment
    of the Shipment, without notifying the Client.
  • 2.6. The invalidity of any of the provisions of the Agreement does not entail the invalidity of other provisions, as well as the terms
    of shipments as a whole.
  • 2.7. Any services of the Contractor are provided only to persons who have reached 18 (eighteen) years of age and have full
    civil capacity in accordance with current legislation.

3. PERSONAL ACCOUNT

  • 3.1. The Client must register an account through the Contractor’s Website by performing direct registration.
  • 3.2. The standard registration procedure involves the Client entering their First name, Last name, mobile phone number,
    email (E-mail), which will subsequently be the login for access, password and password confirmation, agreement
    to the Privacy Policy and cookie files.
  • 3.3. After registration on the website:
  • 3.3.1 The Client is assigned a “Client code” in the format KХХХХХХ where ХХХХХХ is the Client identifier.
  • 3.4. From the moment the Client code is assigned, the Contractor grants the latter the right to use the warehouse address
    of the Seller’s country for organizing delivery to these addresses of orders placed on the Seller’s website or sent
    by individuals/legal entities.
  • 3.5. To complete the account registration procedure, the Client must fill in the profile data,
    specifying:
  • 3.5.1 last name, first name, and patronymic;
  • 3.5.2 address;
  • 3.5.3 email (E-mail);
  • 3.5.4 mobile phone number.
  • 3.5.5 other data in accordance with the structure of the personal account.

4. SUBJECT OF THE AGREEMENT

  • 4.1. The Contractor undertakes to provide the Client with international delivery organization services provided for by this
    Agreement and the Terms, and the Client undertakes to accept the services provided and timely make payment for the services provided
    by the Contractor.
  • 4.2. At the Client’s sole discretion and for an additional fee, the Contractor may also provide the Client with additional
    services, the list of which is defined by this Agreement and the Terms on the Contractor’s Website.
  • 4.3. The list of services provided by the Contractor to the Client is specified in this Agreement, the Terms on the Website
    of the Contractor, and includes (including, but not limited to):
  • 4.3.1 Organization of the provision of an address in the Country of receipt of shipments, which the Client may specify as the address for
    delivery of Shipments.
  • 4.3.2 Organization of acceptance, processing, preparation, packaging, photographing, and inspection of Shipments at the Warehouse
    in the Country of the Sender.
  • 4.3.3 Organization of delivery of Shipments from the Warehouse in the Country of the Sender or from an address in the Country of Dispatch
    specified by the Client to the destination country specified by the Client.
  • 4.3.4 Organization of customs clearance of Shipments.
  • 4.3.5 Organization of payment of relevant fees and charges within this agreement on behalf of the Client.
  • 4.3.6 Organization of acceptance of Shipments at the address specified by the Client.
  • 4.3.7 Organization of acceptance from the Client of accompanying documents for the Shipment.
  • 4.3.8 Storage of Shipments from the moment of their acceptance until the moment of their release to the Client.
  • 4.3.9 Services for organizing the delivery of Shipments to the Client.
  • 4.3.10 Organization of customs clearance of Shipments.
  • 4.3.11 International transportation of Shipments.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

  • 5.1. Obligations of the Contractor:
  • 5.1.1 Provide services in accordance with the terms of the Agreement.
  • 5.1.2 Organize the acceptance and storage of the Shipment until the moment of its release to the Client/Recipient, provided
    that the Client complies with the provisions of the Agreement.
  • 5.1.3 Notify of the assessment of customs payments in accordance with applicable law.
  • 5.1.4 Provide customs authorities with documents containing truthful information necessary for customs
    clearance, which are provided by the Client.
  • 5.1.5 At the Client’s request, inform the latter about the progress of customs clearance.
  • 5.2. Rights of the Contractor:
  • 5.2.1 Receive payment for services, additional services, and compensation for customs clearance of the Shipment in
    the amounts and within the timeframes provided for by the Agreement.
  • 5.2.2 Receive from the Client all necessary and truthful information required for the provision of services, including
    for customs clearance of Shipments, otherwise the Contractor has the right to apply
    clause 5.2.3 of this Agreement.
  • 5.2.3 Suspend or refuse to provide services under this Agreement in the event of the Client’s failure to fulfill its
    obligations provided for by this Agreement, until their full fulfillment.
  • 5.2.4 Refuse to provide services for organizing international delivery, if the Shipment contains
    items prohibited for shipment.
  • 5.2.5 Choose at its discretion and engage third parties under this Agreement (including, but not limited to
    freight forwarders, carriers, customs brokers, etc.), without the Client’s consent.
  • 5.2.6 Independently set and change tariffs for services provided in accordance with the Agreement.
  • 5.2.7 Unilaterally change the provisions of the Agreement and the Conditions by posting them on the Website.
  • 5.2.8 Refuse or suspend the provision of services in the event of the Client’s violation of its obligations
    under the Agreement and the Conditions, including if the Client has committed actions that have signs of an administrative or
    criminal offense.
  • 5.2.9 Independently choose or change the type of transport, transportation route, procedure for transporting
    the Shipment.
  • 5.2.10 Entrust the Executor’s partner to carry out the shipment of the Shipment from the Warehouse in the Seller’s country on behalf of
    the Client.
  • 5.3. Obligations of the Client:
  • 5.3.1 Read the provisions of the Agreement and the Conditions before submitting the Transportation Request on the website
    of the Executor.
  • 5.3.2 Make timely and full payment for the Executor’s services.
  • 5.3.3 Provide the Executor with complete and truthful information about the Shipment.
  • 5.3.4 Provide the Executor with a complete list of documents that is valid and truthful, which is necessary for
    the proper provision of services by the Executor, including for customs clearance of the Shipment, and upon the Executor’s
    request provide the contents of the Shipment for inspection, otherwise the Executor has the right to apply clause 5.2.3
    of this Agreement.
  • 5.3.5 Compensate the Executor for losses incurred as a result of the Client providing inaccurate data about
    the Shipment.
  • 5.3.6 Pack the Shipment properly for its preservation during transportation and during
    loading and unloading operations. Except in cases where the packing of Goods is carried out by the Seller from whom
    the Client purchased the Goods.
  • 5.4. Rights of the Client:
  • 5.4.1 To receive services in accordance with the terms of the Agreement.
  • 5.4.2 To demand from the Executor information about the provision by the latter of the services stipulated by the Agreement.

6. SHIPMENTS PROHIBITED FOR TRANSPORTATION

  • 6.1. Shipments that do not contain Goods prohibited for sending in international
    postal and express shipments, prohibited for air transportation, as well as Goods whose export from the Sender or
    transit countries and/or import into Ukraine is prohibited by law, are accepted for transportation.
  • 6.2. The Shipment must not contain any items prohibited by the relevant provisions of the legislation of
    Ukraine, the Seller’s/Sender’s country or transit countries, international regulatory documents, including
    but not limited to:
  • 6.2.1 money (banknotes, coins), bank cards (whether debit or credit), securities, checks, check
    books, bonds, lottery tickets, etc.;
  • 6.2.2 lithium-ion rechargeable batteries, metal batteries, accumulators (not dry), segways, electric vehicles,
    electric motorcycles, hoverboards, gyroboards, power banks, generators, chargers and ecoflow (sent by
    separate agreement with the provision of the necessary documents for the safety of transportation by one or another type of transport);
  • 6.2.3 drones (quadcopters) (sent by separate agreement with the provision of the necessary documents for
    the safety of transportation by one or another type of transport);
  • 6.2.4 perfumes, cosmetics in aerosol cans;
  • 6.2.5 precious metals, precious and semi-precious stones, jewelry;
  • 6.2.6 antiques (including antique books), items over 100 years old, original works of art
    origin (not copies). The obligation to prove that the items are not cultural values rests exclusively
    on the Client and at their expense;
  • 6.2.7 firearms of all types and ammunition for them, pneumatic weapons, bladed weapons and other items
    specially designed for attack and defense, electron-beam weapons of all types, electroshock devices of all
    types, goods that imitate weapons. The obligation to prove that the Goods contained in the Shipment are not bladed
    weapons rests exclusively on the Client and at their expense;
  • 6.2.8 explosive substances, compounds, items loaded with them, detonation devices;
  • 6.2.9 flammable gases, non-flammable and non-toxic gases (liquid cryogenic gases), toxic gases;
  • 6.2.10 compressed and liquefied gases for domestic and industrial use;
  • 6.2.11 flammable liquids;
  • 6.2.12 flammable solids and substances prone to spontaneous combustion;
  • 6.2.13 toxic and highly active substances in any physical state regardless of the form and quality of their packaging;
  • 6.2.14 caustic and corrosive substances
  • 6.2.15 radioactive substances;
  • 6.2.16 infectious substances, i.e. substances containing pathogenic organisms that cause diseases in humans
    or animals;
  • 6.2.17 military-purpose and dual-use goods (sent by separate agreement);
  • 6.2.18 seals, automobile license plates;
  • 6.2.19 live animals and plants (including live trees and other plants, bulbs; grain crops; edible fruits and nuts;
    seeds, fruits and grains; medicinal plants);
  • 6.2.20 fur, hides, stuffed animals, feathers, ivory and ivory products;
  • 6.2.21 pornographic materials, counterfeit and falsified products;
  • 6.2.22 human remains, human organs, human tissues, ashes;
  • 6.2.23 narcotic drugs, psychotropic substances, their analogues and precursors;
  • 6.2.24 medicines, biologically active supplements (BAS). The obligation to obtain any permits rests
    exclusively on the Client and at their expense;
  • 6.2.25 biologically active supplements;
  • 6.2.26 used personal items (clothing, footwear) in a dirty condition;
  • 6.2.27 used (contaminated) automotive, aviation, etc. spare parts;
  • 6.2.28 special technical means for covert obtaining of information;
  • 6.2.29 poaching equipment;
  • 6.2.30 alcoholic beverages, tobacco and tobacco products, excisable Goods;
  • 6.2.31 counterfeits, replicas, copies of goods;
  • 6.2.32 food products, except those that simultaneously meet all of the following requirements:
    – the actual weight of products addressed to individuals is no more than 10 kilograms;
    – products are sent in the manufacturer’s packaging and the packaging has not been opened;
    – products do not require maintaining a special temperature regime (different from room
    temperature);unmarked containers containing liquid (except for non-alcoholic beverages in the manufacturer’s packaging
    that has not been opened)
  • 6.2.33 any liquids, including cosmetic products, shampoos, gels and creams (sent by separate
    agreement with the provision of documents on safety during transportation);
  • 6.2.34 metals and metal scrap;
  • 6.2.35 publishing products manufactured in Russia, Belarus or in the temporarily occupied part of Ukraine, as well as
    books containing works whose authors are or were at any period after 1991 citizens of Russia, except
    former citizens who are (or at the time of death were) citizens of Ukraine and do not have (at the time of death did not have)
    citizenship of the aggressor state;
  • 6.2.36 other items prohibited for export from the country of the Sender, import into Ukraine and/or transit countries
    in accordance with the legislation of such countries.
  • 6.3. It is prohibited to send in Shipments contents that may pose a threat to the life and health
    of people, lead to the destruction or spoilage (damage) of other Shipments and equipment.
  • 6.4. The Contractor reserves the right, without any liability and further claims on the part of
    the Client, to refuse or suspend the provision of services in relation to shipments that are dangerous for transportation or prohibited
    by law. The Client is obligated and agrees to reimburse the Contractor for any expenses incurred in
    connection with damage caused by the packaging or contents of the Shipment for the transportation of Shipments prohibited
    by law.
  • 6.5. The Contractor reserves the right, at its discretion, to refuse transportation of any Shipment.
  • 6.6. The Client must pay and reimburse the Contractor for any reasonable expenses (including expenses for
    storage and additional services) incurred by the Contractor, any losses, taxes and customs duties that the
    Contractor may incur, and all claims brought against the Contractor as a result of the Shipment not complying with any
    restriction, conditions and statements set out in the Agreement, or as a result of any refusal of transportation or its
    suspension by the Contractor.
  • 6.7. If the Client purchased Goods from a Seller that complies with any restriction set out in the Agreement and/or
    the Terms, the Contractor does not reimburse any losses that the Client may incur in connection with the transportation of such
    Shipment (Goods), and in the event of suspension of transportation by the Contractor on the grounds provided for by the applicable
    Agreement and/or the Terms, the Client cannot claim any reimbursement.
  • 6.8. In the event of sending a Shipment whose contents require the granting and/or receipt of permits from bodies
    of state authority of the country of the Sender and/or Recipient and/or transit countries, the obligation to obtain such permits,
    which are necessary for customs clearance, rests solely with the Recipient or Sender and at their expense.
  • 6.9. By handing over the Shipment for transportation to the Contractor, the Client/Sender confirms that the Shipment
    does not contain dangerous or prohibited for transportation items in accordance with this section. The Contractor has
    the right to check the contents of the Shipment. If the Client/Sender has doubts regarding the preservation of
    the Shipment during transportation, the Client/Sender must inform the Contractor and submit a
    request regarding the possibility of transporting the Shipment taking into account the specifics of the Shipment. If the Sender
    has not informed the Contractor about the specified specifics, by sending a letter, it is considered that the Shipment does not
    contain items that are dangerous, prohibited or such that are not permitted for transportation by the Contractor.
  • 6.10. The Client is responsible for any direct or indirect losses arising in connection with the shipment
    of Shipments that are not permitted for transportation in accordance with this section or in cases where the Contractor was not
    duly informed about the specifics of transporting the Shipment.
  • 6.11. In the event of a breach by the Client of the conditions specified in section 6 of this Agreement, any liability for loss
    or damage on the part of the Contractor is excluded.
  • 6.12. The Contractor reserves the right, without any liability or further claims on the part of
    the Client, to refuse to accept or to suspend the provision of services in respect of Shipments that are dangerous for transportation or prohibited
    by legislation, the Contractor’s rules or the rules of third parties (engaged by the Contractor to perform its
    obligations to the Client).
  • 6.13. If the Client hands over to the Contractor a Shipment that does not comply with this Agreement or does not comply with the applicable
    legislation of Ukraine, the country of the Sender and/or transit countries, the Contractor does not compensate any losses that
    the Sender may incur in connection with the transportation by the Contractor of such Shipment, including the carriage charge.

7. SECURITY INSPECTION OF SHIPMENTS

  • 7.1. The Contractor has the right to carry out inspections of Shipments for their compliance with safety conditions and
    the absence of items prohibited for transportation in accordance with this Agreement. The security inspection is carried out
    by means of X-rays or by opening the Shipment. The Client unconditionally agrees
    to such security inspections of Shipments.
  • 7.2. If, based on the results of a security inspection of a Shipment that involved opening the Shipment, it is found
    that the contents are not dangerous or prohibited for transportation, such shipment is properly packaged and
    continues its movement to the address of the Client/Recipient.
  • 7.3. If during a security inspection of a shipment it is established that the contents of the Shipment are
    prohibited, dangerous or not permitted for transportation, the Contractor has the right to refuse further
    transportation of such Shipment with mandatory notification of the Client about such refusal. The Client must
    immediately collect the Shipment at its own expense. If the contents of the Shipment indicate signs of the commission of
    a criminal offense, the Contractor has the right to report this to law enforcement agencies or other competent
    state authorities.
  • 7.4. The Contractor is not liable for direct or indirect losses caused by damage as
    a result of security inspections of Shipments, in accordance with the terms of this section.

8. COST OF SERVICES (TARIFFS) AND PAYMENT PROCEDURE

  • 8.1. The cost of services and additional services of the Contractor under this Agreement is determined in accordance with the tariffs
    posted on the Website.
  • 8.2. The Shipment is handed over to the Client after full payment for the Contractor’s services and compensation of paid customs
    duties, taxes and customs brokerage services, if any are payable.
  • 8.3. Payment for the cost of services is made by the Client/Payer in accordance with issued invoices.
  • 8.4. Tariffs may be changed by the Contractor unilaterally by posting the changed tariffs
    on the Website.
  • 8.5. Any payment fees of the Client/Payer are paid at the expense of the Client/Payer.
  • 8.6. Services are considered paid from the moment the funds are credited to the relevant account.
  • 8.7. The Client agrees to the rules for the formation of tariffs set out on the Site. The tariffs set out on the Site
    may include the tariffs of the Contractor’s partners.
  • 8.8. Payment for services and/or part of the services may be made by the Client to the accounts of the contractors/partners
    of the Contractor.

9. CUSTOMS INSPECTION AND CUSTOMS CLEARANCE

  • 9.1. The amount of duty-free import is established by the legislation of Ukraine and is 150 Euros.
  • 9.2. The Client grants the Contractor the right, on his behalf, to carry out customs clearance of the Goods purchased by him and
    agrees to the transfer for these purposes of his personal data and documents to customs and other state
    bodies, as well as to third parties engaged by the Contractor for the purpose of providing services under the Agreement.
  • 9.3. Goods intended for personal use that are not
    of a commercial nature, the total value of which at the time the Shipment crosses the customs border of Ukraine
    does not exceed the amount of duty-free import (from one Seller to one Client/Recipient/Declarant in one
    Shipment), are delivered without payment of customs duties.
  • 9.4. If the value of the Goods contained in the Shipment on the date of crossing the customs border of Ukraine exceeds
    the amount of duty-free import, the Contractor, on behalf of the Client, pays the relevant customs duties, taxes and customs brokerage services on the amount of the excess, which the Client pays (reimburses) to the Contractor in accordance with clause 8.2 of this Agreement.
  • 9.5. The customs authority for taxation purposes may sum up the value of:
  • 9.5.1 Goods sent from one Seller to one Client/Recipient/Declarant under one
    transport document (in one Shipment);
  • 9.5.2 Goods arriving at customs within one day (regardless of one or several Sellers).
  • 9.6. If the total value of such Goods exceeds the amount of duty-free import, they are subject to duty on
    the amount of the excess.
  • 9.7. To confirm the actual value of the Goods, the Client may provide the Contractor with additional documents: bank
    statements, payment confirmation letters from the online store, etc.
  • 9.8. If the customs authorities discover that the Client mistakenly or intentionally indicated an inflated or understated
    value of the Goods contained in the Shipment on the date of crossing the customs border of Ukraine and/or transit countries,
    the Contractor has the right to refuse the Client the provision of services for customs clearance of such Shipments.
  • 9.9. At the request of the customs authorities, the Contractor may require, and the Client undertakes to provide, additional information
    and documents for customs clearance of the Shipment.
  • 9.10. If during customs clearance the customs authority discovers that the Shipment contains items
    prohibited for shipment, as well as in the event the Client fails to provide in full the documents and information required
    for customs clearance, the Contractor informs the Client by E-mail or telephone or Personal account about
    the impossibility of delivering such Shipment.
  • 9.11. The Client agrees that the actions specified below indicate the Client’s waiver of ownership rights to
    the Client’s Shipment in favor of the Contractor in accordance with Art. 347 of the Civil Code of Ukraine, as well as that the Client does not
    has no claims against the Executor if the Client’s Shipment has not undergone customs clearance and, in accordance with
    the current customs legislation of Ukraine, was returned to the Sender and/or the Seller as a result of the following actions or
    inaction of the Client:
  • 9.11.1 The Client refused customs clearance services;
  • 9.11.2 The Client failed to take the actions necessary for customs clearance (did not provide documents, provided an incomplete
    set of documents, etc.);
  • 9.11.3 There is no communication with the Client during the period provided for customs clearance;
  • 9.11.4 The Client’s Shipment contains Goods prohibited from import into the territory of Ukraine and/or transit
    countries in accordance with this Agreement and the current legislation of Ukraine and/or transit countries.
  • 9.11.5 In accordance with the foregoing, the Executor is not responsible for the safekeeping of the shipment and has
    the right to dispose of the unclaimed shipment at its own discretion, in particular for the purpose of covering expenses related
    to the provision of services.
  • 9.12. The Client, in the event of refusal of customs clearance, informs the Executor regarding the disposal of such
    Shipment:
  • 9.12.1 dispose of the Shipment at the Client’s expense.
  • 9.13. In the event the Client fails to provide information within 10 (ten) business days from the moment of notification,
    the Executor has the right to dispose of the Shipment independently in one of the above-mentioned ways.

10. STORAGE

  • 10.1. The number of days of “free” storage (the cost of storage is included in the cost of delivery) from the moment
    of arrival of the Shipment at the Executor’s warehouse or the postal service branch, as well as the number of guaranteed attempts
    to deliver the Shipment.
  • 10.2. The term of free storage at the Executor’s warehouse in Ukraine is 14 days.
  • 10.3. The term of free storage at the warehouse in the Seller’s country is 14 days.
  • 10.4. After the last day of free storage (the last delivery attempt), the Shipment is returned to
    the Executor’s warehouse for further storage. Storage of the Shipment may be extended at the Client’s initiative.
  • 10.5. The Client must, within the periods (terms) established by the current legislation and this Agreement,
    carry out customs clearance of the Shipment independently or order the corresponding service from the Executor. In the event of the Client’s/Recipient’s/Declarant’s failure to
    carry out customs clearance of the Shipment, the Executor reserves
    the right to return such Shipment to the Sender. At the same time, the expenses related to the return of the Shipment
    are paid by the Client.
  • 10.6. In the event of non-compliance and/or failure by the Client to fulfill the requirements of the Agreement, including failure to provide the corresponding
    information and/or failure to take any other actions, within 30 (thirty) calendar days from the moment of arrival
    of the Shipment at the Executor’s warehouse or the warehouse of the Seller’s country, the Executor is not responsible for the safekeeping
    of the Shipment and has the right to dispose of the Shipment at its own discretion, in particular for the purpose of covering expenses
    related to the provision of services, and the Client confirms the absence of any claims against the Executor in connection
    with the foregoing.
  • 10.7. In the event the Shipment is located at the Executor’s warehouse or at the warehouse in the Sender’s country as a result of
    instructions of the Client for more than 14 (fourteen) calendar days (excluding clauses 10.2, 10.3 of this
    Agreement) from the moment the Client delays the Shipment at the Carrier’s warehouse or at the Warehouse in the Seller’s country,
    the Carrier has the right on the 15th (fifteenth) calendar day to resume transportation of the Shipment to the point of
    destination without additional, prior notification of the Client and without prior agreement with the Client. At
    the same time, the Client confirms the absence of any claims against the Carrier in connection with the above and undertakes
    to fulfill its obligations under this Agreement, the Terms of Service Provision and current legislation.
  • 10.8. The storage period of the Shipment under customs control in Ukraine cannot exceed 30 calendar days.
    In the event the Client fails to provide documents and/or fails to take any other actions necessary for customs
    clearance of the Shipment within 25 calendar days from the moment the Shipment arrives at customs, such
    Shipments are subject to export outside Ukraine

11. OPENING, RETURN, USE AND DISPOSAL OF SHIPMENTS

  • 11.1. The Carrier has the right to open, return, use at its own discretion or dispose of the Shipment in
    accordance with the following.
  • 11.2. The Carrier has the right to open the Shipment for the following purposes:
  • 11.2.1 For the purpose of preserving the contents of a damaged Shipment;
  • 11.2.2 For the purpose of identifying the Recipient or Sender, if this cannot be established by other means;
  • 11.2.3 for the purpose of reducing weight and/or preserving the integrity of the shipment, as well as opening the Shipment at
    any stage of transportation for the purpose of checking the contents for compliance with the requirements for the Shipment.
  • 11.2.4 For the purpose of eliminating risks that may be caused by the Shipment to any persons or their property;
  • 11.2.5 For the purpose of checking compliance with legislative requirements and orders of state authorities.
  • 11.3. The Shipment is considered unclaimed, the Client does not respond to the Carrier’s requests for further
    instructions or has not collected the Shipment within 30 calendar days or within another, previously
    defined and communicated by the Carrier period, via means of communication.
  • 11.4. For unclaimed Shipments stored by the Carrier:
  • 11.4.1 The Client confirms that the absence of the above actions on its part regarding the Shipment during
    the specified period indicates that the Client has waived the right of ownership of the specified Shipment in favor of
    the Carrier.
  • 11.4.2 The Carrier acquires ownership of the specified Shipments. The Carrier acquires ownership of the
    Shipment at the value specified in the invoice or other documents.
  • 11.5. Responsibility for the preservation of the Shipment and the right to dispose at its own discretion of an unclaimed
    Shipment or one that cannot be delivered, according to clause 11.7, in particular for the purpose of covering costs related to
    the provision of services, without prior agreement with the sender, due to the following circumstances:
  • 11.5.1 the shipment contains food products (this provision applies for exports from individuals);
  • 11.5.2 the contents of the Shipment spoil quickly;
  • 11.5.3 the condition of the Shipment justifies such action;
  • 11.5.4 the value of the contents of the Shipment does not justify the cost of its storage;
  • 11.5.5 the contents of the Shipment pose a danger to people or property;
  • 11.6. The Client/Sender is responsible for reimbursing the Contractor for all expenses incurred
    by the Contractor as a result of the opening and/or use and/or destruction and/or return of the Shipment due to
    the border.
  • 11.7. Cases in which the Shipment is considered undeliverable (including, but not limited to):
  • 11.7.1 The Shipment was not delivered to the address after several delivery attempts.
  • 11.7.2 The contents of the Shipment are prohibited by the legislation of the country and these rules.
  • 11.7.3 The Shipment has not been cleared through customs within 30 calendar days.
  • 11.7.4 A difficult political situation in the country.
  • 11.7.5 The Shipment is damaged to an extent that makes further transportation impossible.
  • 11.7.6 The Client/Recipient has refused to accept the Shipment.
  • 11.7.7 The Shipment has not been claimed by the Client/Recipient.
  • 11.8. In the cases described above (with the exception of prohibited, dangerous, and damaged Shipments)
    the Contractor, with the Client’s consent, returns or disposes of this Shipment. In this case, the Client
    undertakes to pay any expenses incurred by the Contractor in connection with the return or disposal.
  • 11.9. If the Client’s consent and guarantee of payment for the return are not received, within 30 calendar days after
    the arrival of the Shipment at the Contractor’s warehouse, the Contractor reserves the right to dispose of the Shipment at
    its own discretion without any liability to the Sender and/or the Recipient.

12. TERM OF THE CONTRACT

  • 12.1. The Contract enters into force after the Client performs the following actions:
  • 12.1.1 submission of a Transportation Request in the manner determined by this Contract and the Terms.
  • 12.2. The Contract is valid until the Parties fully perform their obligations under the Contract.

13. SUBMISSION OF CLAIMS AND LIABILITY OF THE PARTIES

  • 13.1. For improper and untimely performance of their obligations under this Contract, the Parties bear
    the liability determined in this Contract, the Terms of Service specified on the service pages on the website
    of the Contractor and/or the current legislation of Ukraine, the legislation of the countries of dispatch and transit countries.
  • 13.2. The Contractor is not liable for violation of delivery terms or non-delivery of a Shipment that
    is detained and/or seized by the customs/law enforcement authorities of the country of the Sender, the Recipient, and/or transit
    countries, for the following, but not limited to, grounds:
  • 13.2.1 The Shipment is recognized by customs authorities as a consignment of Goods whose total value exceeds 150 Euros
    or their equivalent;
  • 13.2.2 The Shipment contains intellectual property objects that are included in the customs register of intellectual
    property objects of the country of dispatch, the Recipient, and/or transit countries;
  • 13.2.3 The Shipment contains copies or counterfeit goods;
  • 13.2.4 The Shipment contains objects that are on the list of items prohibited by the Contractor and the list of items prohibited
    for export/import/transit in such territories as the territories of the countries of dispatch, receipt, and transit
    countries in accordance with the legislation and regulations of such countries.
  • 13.2.5 Information regarding the Declarant, Recipient, or Payer is unreliable.
  • 13.2.6 Actions of customs and other state authorities caused by circumstances beyond
    the responsibility of the Contractor.
  • 13.2.7 Violation by the Client, Recipient, Sender, Declarant of the terms specified in this Agreement, the Terms
    of provision of services specified on the service pages on the Contractor’s website and/or by the current legislation of Ukraine,
    the legislation of the countries of dispatch and transit countries.
  • 13.3. The Client is responsible for providing false information about the Shipment, documents for
    processing the Shipment that are not authentic in accordance with the procedure determined by the customs legislation of the Seller’s country,
    the Recipient, the Sender and/or transit countries.
  • 13.4. In the case of consideration of claims, including for the purpose of determining the grounds, procedure and amount of compensation for losses
    to the Client:
  • 13.4.1 In international air carriage, the following provisions apply:
  • 13.4.1.1 The Warsaw Convention (1929), the Hague Protocol (1955), the Guadalajara Convention (1961), the Montreal
    Convention (1999), the Chicago Convention (1944) with its Annexes, ICAO international standards (SARPs) and
    IATA rules (in particular the Dangerous Goods Regulations and other specialized norms) with all amendments and supplements.
  • 13.4.1.2 In the application of the conventions, the provisions of the Montreal Convention shall prevail over the provisions
    of the Warsaw Convention.
  • 13.4.2 International and European road carriage is governed by the Convention on the Contract for the International
    Carriage of Goods by Road (CMR, 1956) with the 1978 Protocol, the European Agreement concerning the International
    Carriage of Dangerous Goods by Road (ADR, 1957), the Convention on Road Traffic
    (Vienna, 1968) and the Convention on Road Signs and Signals (1968), the European Agreement concerning the Work of Crews of
    Vehicles Engaged in International Road Transport (AETR, 1970), as well as EU regulations and
    directives (in particular 1071/2009, 1072/2009, 1073/2009, 561/2006 and EU Regulation No. 165/2014 on tachographs).
  • 13.4.3 International maritime carriage is governed by the Hague Rules (1924) and the Hague-Visby
    Protocol (1968), the Hamburg Rules (1978), the Rotterdam Rules (2008), the International Convention
    for the Safety of Life at Sea (SOLAS, 1974) with the International Safety Management Code (ISM Code) and
    the International Ship and Port Facility Security Code (ISPS Code), the International Convention on Standards of Training, Certification and Watchkeeping
    for Seafarers (STCW, 1978), the International Convention for the Prevention of Pollution from Ships (MARPOL,
    1973/78) with its annexes, the International Convention on Civil Liability for Oil Pollution Damage (CLC, 1969) and
    the Fund Convention (1971), the International Convention on the Carriage of Hazardous and Noxious Substances by Sea (HNS, 1996), as
    well as the international Incoterms trade rules and UNIDROIT and UNCITRAL recommendations.
  • 13.4.4 International multimodal carriage is governed by the UN Convention on International Multimodal
    Carriage of Goods (Geneva, 1980), the Rotterdam Rules (2008), which cover “door-to-door”
    carriage, the Hamburg Rules (1978) in the part concerning the maritime leg of transportation, the Agreement on International
    Freight Traffic (SMGS) and the Agreement on International Passenger Traffic (SMPS), as well as standards and
    UNCITRAL, UNCTAD, UNECE recommendations and INCOTERMS Rules.
  • 13.4.5 In the case of mixed, multimodal transportation carried out by different modes of transport, the provisions
    of the conventions shall apply in accordance with the mode of transportation, taking into account the specifics
    provided for by the conventions.
  • 13.4.6 If the provisions of one of the conventions do not apply, the Contractor and the Client shall be governed by the norms
    of the relevant national legislation.
  • 13.4.7. In the case of consideration of claims, including for the purpose of determining the grounds, procedure and amount of compensation for losses
    to the Client, the rules additionally determined on the Contractor’s website on the service pages shall apply.
  • 13.5. All claims regarding loss, damage, substitution of shipments shall be reported to the Contractor at
    the moment of receipt of the shipment, with the additional application of the rules determined on the Contractor’s website on the
    service pages (volumes of damage and/or loss, substitution).
  • 13.6. All claims concerning violations of the terms of this Agreement, delays, shall be reported to the Contractor within
    a period no later than 30 calendar days from the moment the Contractor receives the Shipment for air transportation and
    multimodal transportation by air and road transport; 100 days from the moment the Contractor receives
    the Shipment for sea transportation and multimodal transportation by sea and road transport.
    The claim shall be submitted in writing to the Contractor’s email address and must necessarily contain the following data: date
    of drawing up; numbers of orders, numbers of international express waybills for which claims are submitted; detailed
    reasons for submitting the claim for each order, international express waybill, electronic signature of the Client. Together with
    the claim, the Client provides an invoice and a bank statement (with the bank’s seal) confirming the value and payment of the Goods.
    The Contractor has the right to request from the Client other documents required for consideration of the claim.
  • 13.7. Liability of the Contractor:
  • 13.7.1. The Contractor shall be liable for total or partial loss of the Shipment or for its damage, which
    occurred from the moment of receipt of the Shipment from the Sender until acceptance by the Client/Recipient. Liability
    extends to the loss of parcels through the fault of MPS Express in the following cases: loss of parcels at warehouses with which
    the Contractor cooperates (except for warehouses at airports, seaports, customs warehouses), loss during transportation
    by road to or from ports, loss at transit warehouses. Liability for total or partial loss
    of the Shipment or for its damage at warehouses at airports, seaports, customs warehouses shall be governed by
    international conventions and agreements.
  • 13.7.2. The Contractor shall not be liable for non-compliance of the contents of parcels, undervaluation of goods, presence
    of prohibited items, detection of commercial consignments or other violations of customs legislation in the countries
    of dispatch, transit and destination. In case of delay, confiscation of parcels by customs authorities or assessment
    of additional customs duties, MPS Express shall not compensate such expenses.
  • 13.7.3. The Contractor shall not be liable for delays in delivery due to inspections by customs authorities in the countries
    dispatch, transit and destination. Delivery delays due to customs inspection are not considered
    loss of shipments.
  • 13.7.4. The Contractor is not responsible for the actions of related services and services used to provide
    services to the Client, but do not belong to the Contractor, including, but not limited to: banks, postal services, internet providers, postal services, payment systems, etc., as well as for the actions of the Seller in relation to the Goods (in particular, in part
    packaging by the Seller in one Shipment of Goods that were ordered/paid for by the Client and other persons, and
    as well as in the part of dispatch by the Seller in one Shipment of Goods that were ordered/paid for by the Client and/or
    by other persons). Delivery status of the Shipment provided by courier (postal) services in the country
    The Seller does not confirm the fact of receipt (delivery) to the warehouse in the Seller’s country.
  • 13.7.5. In case of complete loss or damage of the Shipment/Goods through the fault of the Contractor, the Contractor returns the amount that
    equal to its declared value (declared value), but not more than the actual value of the Shipment/Goods
    taking into account the conditions of liability. Deliberately or mistakenly inflated value of goods is not accepted for
    compensation. In the event that the compensation terms defined on the Contractor’s website on the service pages differ
    except for the conditions of this clause, the conditions defined on the Contractor’s website on the service pages apply.
  • 13.7.6. In case of partial loss or damage of the Shipment/Goods through the fault of the Contractor, the Contractor shall return
    The Client the corresponding part of the declared value of the Shipment/Goods.
  • 13.7.7. The amount subject to compensation is calculated in hryvnias at the NBU exchange rate on the day of compensation payment.
  • 13.7.8. If, in accordance with subsections 13.4.1. – 13.4.5., the provisions of one of
    conventions – the Contractor’s liability is established and limited by the provisions of the relevant convention.
  • 13.7.9. Except in cases where the provisions of the conventions specified in subparagraphs 13.4.1, 13.4.5, or the norms of the relevant
    of national legislation, according to subparagraph 13.4.6., require otherwise, the Contractor shall not be liable:
  • 13.7.9.1 for damage to a Shipment without packaging or in packaging that does not ensure its integrity or does not comply with
    features of the Shipment;
  • 13.7.9.2 for the integrity, preservation (safekeeping) of the Shipment or its shortage in the event that the Shipment
    transferred to the Client in whole/undamaged packaging, and also, if detected damage to the packaging does not match
    damage to the Shipment;
  • 13.7.9.3 for compliance with the temperature regime during transportation of the Shipment;
  • 13.7.9.4 for such damages as: expenses for alternative transportation, loss of profit, moral damage, loss
    loss of commercial opportunities or income incurred as a result of non-use of the Shipment in connection with any
    its loss, damage or delay in delivery;
  • 13.7.9.5 if the loss of the Shipment, its damage or delay in its delivery occurred as a result of actions, and/or
    Client instructions;
  • 13.7.9.6 for damage caused as a result of delay, if it proves that it, its employees and agents took all measures,
    which might have been necessary in order to avoid harm, or that it was impossible for him or them to take
    such measures;
  • 13.7.9.7 in the event of additional assessment to the Client after customs clearance of the Shipment and release of the Shipment under
    a certain customs regime of customs duties, taxes (in connection with a change in duty rates, customs fees and amounts of other
    customs payments, requirements of regulatory documents and on other grounds), as well as in the event of application to the Client of amounts
    of financial sanctions in connection with late payment of the specified taxes, customs duties and payments;
  • 13.7.9.8 for losses incurred by the Client before or after customs clearance of the Shipment, in particular in the event of detection after
    customs clearance by the customs authority of an underassessment of customs taxes and duties, as well as in the event of the Client’s failure to provide in
    full the documents and information necessary for customs clearance;
  • 13.7.9.9 for detection by the customs authority of cases of smuggling by the Client and other crimes in the field of customs
    affairs, as well as violation of customs rules, including during an audit of his financial and economic activity, and
    his communication of knowingly false information when processing customs or other documents;
  • 13.7.9.10 if the contents of the Shipment consisted of any prohibited items, even if the Contractor
    mistakenly accepted such Shipment;
  • 13.7.9.11 for refusal to pay any unlawful payments in favor of the Client;
  • 13.7.9.12 for actions or inaction of the Client that violate the requirements of legislative and regulatory legal acts
    of Ukraine, the country of dispatch and/or transit countries before, during or after customs clearance;
  • 13.7.9.13 for refusal to provide services in respect of certain Shipments of the Client or in respect of all Shipments
    of the Client in the event of failure or untimely provision by the Client of all necessary documents for customs
    clearance, provision by the Client of incomplete and/or unreliable information and documents, detection of violation
    of the legislation of the country of the Seller, Sender and/or Recipient, including transit countries and/or other
    applicable legislation on the part of the Client, as well as in the event that the Contractor has sufficient grounds to believe that the actions or
    inaction of the Client do not comply with legislation, may lead to criminal or other types of
    liability provided for by the legislation of Ukraine and/or other applicable legislation of the countries of the Seller,
    Sender and/or Recipient, including transit countries;
  • 13.7.9.14 for Goods purchased by the Client (their quality, completeness, compliance with those declared by the Seller
    characteristics, etc.);
  • 13.7.9.15 for the delivery time of the Shipment/Goods from the Seller to the warehouse in the country of the Seller;
  • 13.7.9.16 for the storage and delivery of the Shipment, if the Client and/or the Seller provided incomplete or
    unreliable information: there is no description of the Goods, the value of the Goods is not indicated or is knowingly undervalued, the address of the warehouse
    in the country of the Seller is indicated incorrectly, with an error or is not indicated in full, whether through the fault of the Client and/or
    the Seller, etc.
  • 13.7.9.17 for the actions of any customs authorities, including, but not limited to, the country of the Seller, Sender and/or
    Recipient, transit countries or other authorized bodies in cases of violation by the Client of legislation,
    provisions of the Contract and/or the Terms;
  • 13.7.9.18 in the event of assessment to the Client of customs duties, fees based on the summation of the value
    of Goods in accordance with clause 9.5.
  • 13.7.9.19 for the delivery times of Shipments, as well as the assessment to the Client of customs duties/fees by the country
    of destination, if the delivery address provided by the Contractor does not coincide with the country of location (physical or
    legal address) of the Seller from whom the Client purchased the Goods. All costs associated with delivery of the Shipment to one
    of the Contractor’s warehouses specified in the Terms and/or the Contract shall be borne entirely by the Client.
  • 13.7.9.20 The Contractor’s responsibility for the safekeeping of the Shipment terminates from the moment of its issuance
    to the Client or transfer to adjacent services and facilities.
  • 13.8. Client’s Responsibility:
  • 13.8.1. The Client is responsible for all negative consequences (breakage of the Shipment, damage, deformation, etc.) in the event of
    use by the Seller/Client of improper packaging of the Shipment (packaging that does not correspond to the characteristics
    of the Shipment, its weight or established standards, technical conditions and requirements for packaging of the Shipment) and
    absence of special marking.
  • 13.8.2. In the event that the Shipment handed over by the Seller and/or the Client contained toxic, radioactive or chemical
    substances, acids or other hazardous compounds, the Client bears full responsibility for damage caused to third parties
    whose Shipments were transported or stored together with the Client’s Shipment.
  • 13.8.3. For Shipments subject to customs duties, the Client is responsible for the availability,
    completeness and fullness of documentation required for customs clearance.
  • 13.8.4. In the event of application to the Contractor, its officials or to third parties of financial sanctions, fines, other
    types of financial liability provided for by the Customs Code of Ukraine and other regulatory acts
    of Ukraine, including the Customs Code and other regulatory acts of transit countries, in connection with the provision by
    the Client of incomplete and/or unreliable information and documents, the commission of other violations by the Client, as well as
    in connection with the untimely provision by the Client of documents and information necessary for declaration, the Client bears
    responsibility to the Contractor in the form of a fine in the amount equal to the amount of the financial sanction
    applied to the Contractor, or the amount of the fine imposed on an official of the Contractor or on third parties, or the amount of
    other types of financial liability applied to the Contractor, its officials or to third parties.
  • 13.8.5. If during issuance of the Shipment the Parties discover a damaged Shipment or a Shipment
    that is missing in whole (undamaged) packaging, responsibility for any damage, shortage or absence
    of the contents of the Shipment inside the packaging shall be borne by the Seller and/or the Sender.
  • 13.8.6. In the event of untimely compensation of customs payments paid by the Contractor for the Client, the Client grants
    the Contractor the right to withhold the Shipment until repayment of the debt for payment of compensation for customs
    payments. If the delay in compensation continues for more than 3 calendar days from the day of notification of the Client of
    the necessity of such compensation, the Contractor has the right to sell the Shipment and, from the funds received from
    of such sale, compensate customs payments and/or other fees paid by the Contractor. The remaining funds of the Contractor
    undertakes to transfer to the Client within 7 (seven) calendar days from the day the Client provides its own bank
    details.
  • 13.8.7. If the Client (Sender, Recipient, Payer) or another party does not pay any amount under the relevant
    agreement between the Contractor and the Client (Sender, Recipient, Payer), which is governed by this Agreement
    within 10 calendar days, the Contractor has the right to withhold the Shipment transferred to it for carriage in order to
    secure payment of the carriage charge and other payments, unless otherwise established by law, other regulatory legal acts, or does not follow from the nature of the obligation.
  • 13.8.8. The Contractor may sell the Shipment without waiting for instructions from the person entitled to dispose of
    it, if the Shipment is perishable or if its condition so requires, or if the costs of preserving
    the Shipment would be too high compared to its value. In other cases, the Contractor may also sell
    the Shipment if, within the proper time period, it has not received from the person entitled to dispose of the Shipment
    contrary instructions, the fulfillment of which could reasonably be required of it (Part 3 of Article 16 of the Convention on the Contract
    for the International Carriage of Goods by Road. At the same time, it shall be deemed that the Client has waived the right
    of ownership of the Shipment, as specified in clause 11.3 of the Agreement. Any balance that has not been paid by the debtor
    remains due and payable.
  • 13.8.9. If other clauses of this agreement define additional liability conditions, they shall apply
    in addition to the liability conditions specified in section 13.8 of this Agreement.

14. DISPUTE RESOLUTION PROCEDURE

  • 14.1. All disputes and disagreements arising during the performance of the Agreement shall be resolved by the Parties through
    negotiations and by way of pre-trial settlement of the dispute.
  • 14.2. If it is impossible to resolve the issues through negotiations and pre-trial settlement of the dispute,
    disputes between the Parties shall be resolved in accordance with the current legislation of Ukraine.
  • 14.3. Shipment inspection reports, commercial acts, expert opinions and other documents containing information
    about the nature and causes of damage, spoilage, loss, shortage of the contents of the Shipment, which are drawn up without the participation
    of an authorized representative of the Contractor and/or related services/partners, are invalid and shall not
    be taken into account when considering a claim.

15. FORCE MAJEURE CIRCUMSTANCES

  • 15.1. 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 circumstances.
  • 15.2. Force majeure circumstances shall include natural phenomena (floods,
    earthquakes, snowstorms, ice, a significant decrease or increase in air temperature and other natural disasters),
    disasters of biological, man-made and anthropogenic origin (explosions, fires, mass epidemics, epizootics, epiphytotics
    etc.), circumstances of public life (war or military actions, blockades, civil unrest, acts of terrorism, mass
    strikes, etc.), actions or regulatory requirements of state authorities and other circumstances beyond the control
    and will of the Parties, occurred after the entry into force of the Agreement, directly affect the actions of the Parties and
    make it impossible to fulfill obligations under the Agreement.
  • 15.3. A significant decrease or increase in temperature means an actual decrease or increase
    in ambient air temperature to such a temperature at which the accepted for transportation
    Shipment located in a warehouse, in the cargo compartment of the Carrier’s vehicle or a third party engaged by it for
    transportation, spoils, deforms, is damaged, changes its properties and qualities or
    is destroyed.
  • 15.4. Force majeure circumstances, at the request of a Party, must be confirmed by the Chamber of Commerce and Industry
    or a competent state authority for each case.
  • 15.5. The duration of force majeure extends the respective deadlines for the Parties to fulfill their obligations under the Agreement.

16. OTHER CONDITIONS

  • 16.1. The provisions of this Agreement and the Terms of Service may be changed by the Contractor unilaterally
    .
  • 16.2. The Client (hereinafter – the Personal Data Owner) confirms that they have consented to the processing by the Contractor
    of personal data (any information relating to them, including, but not limited to, information regarding
    surname, first name, patronymic, passport data, contact phone numbers, etc. (hereinafter – Personal
    Data)) for the purpose of:
  • 16.2.1. Carrying out by the Contractor of its financial and economic activities, offering the full range of services
    by the Contractor and/or other business entities cooperating jointly with the Contractor (hereinafter – Third
    parties), including by contacting the Personal Data Owner;
  • 16.2.2. Provision of services by Third parties to the Contractor for the performance of its functions and/or for the performance
    of agreements concluded by the Contractor with Third parties;
  • 16.2.3. Protection by the Contractor of its legitimate rights and interests.
  • 16.3. MPS Express – is a trademark, the right to use which belongs to the Contractor, and it transfers this right
    to other organizations at its discretion.
  • 16.4. Website and services of the Contractor:
  • 16.4.1. The website https://mps.com.ua/ together with its individual services, functionalities and the Client’s personal
    account is part of the Contractor’s information and service system and belongs to the Contractor.
  • 16.4.1. All intellectual property rights to the design, software, databases, texts, images, and
    any other elements placed on the website belong to the Contractor. Use of the website and its services
    is carried out by the Client exclusively within the framework of this Agreement and the Terms published on the website.
  • 16.5. The specified Consent is granted for the period necessary in accordance with the purpose of processing Personal data
    provided for by this Consent, but in any case until the termination of the Contractor and/or its
    successors.
  • 16.6. All legal relations arising from the Agreement or related to it, in particular regarding the validity, conclusion,
    performance, modification and termination of the Agreement, interpretation of its terms, determination of the consequences of invalidity or
    breach of the Agreement, are governed by the Agreement and the relevant provisions of the current legislation of Ukraine.

17. INFORMATION ABOUT THE CONTRACTOR

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