1.TERMS AND DEFINITIONS

• GTC means the General Terms and Conditions applicable by the Contractor (the "GTC");
• Cargo means any property transported by the Contractor under a transportation and forwarding services contract and in accordance with Federal Law No. 87-FZ of June 30, 2003 “On Forwarding Activities”;
• Package means any package, bag, box, big bag, pallet, container or other unit of Cargo specified in the shipping documents and handed over to the Contractor under a transportation and forwarding services contract.
• Consignor means the party who presents the Cargo for transportation; the Consignor acts under the contract as the Customer's representative.
• Consignee means the party authorized to accept the Cargo from the Contractor at the end of transportation; the Consignee acts under the contract as the Customer's representative;
• Carrier means the party who transports the Cargo in accordance with the waybill.
• Application means the forwarding document used by the Parties as an instruction given to the Contractor. The Customer in accordance with Annex 1 shall make the Application to the GTC and define the list and conditions of the provision by the Contractor to the Customer of transportation and forwarding services under the Contract. The Customer shall send the Application to the Contractor by sending the completed form or a letter to the Contractor's e-mail address specified in the Contract.
• Warehouse Receipt means a certificate, waybill or other document evidencing the placement of Cargo for storage in the Warehouse. The Warehouse Receipt is a forwarding document.
• Accompanying Documents means invoices, packing lists, specifications or other documents for the Cargo made by the Customer or the Consignor.
• Vehicle means any means of transportation used for the Cargo transportation, including containers and other transport equipment.
• Waybill means an international transport document in the form set out in the law applicable to the relevant transport mode (CMR, B/L, AWB, Railway Receipt or other applicable form). Waybill is a forwarding document evidencing the receipt of the Cargo by the Contractor from the Customer or the Customer's representatives, including the Consignor.
• Forwarding Services (the "Services", "Transportation and Forwarding Services") means any transportation and forwarding services related to the transportation of the Cargo provided by the Contractor to the Customer as per the Application and agreed by the Parties in the Application.
• Complete Cargo means transportation of the Cargo for one Customer in a Vehicle using the entire cargo compartment of the Vehicle.
• Groupage Cargo means transportation of Cargo when the Cargo are placed in the Vehicle together with other Cargo of other Customers and/or two or more Consignors.

The Contract (including the annexes thereto) may use terms not defined in these GTC. In such case, the term shall be interpreted in accordance with the Contract (including the annexes thereto). If a term is not expressly defined in the Contract, the meaning of the term shall be used as defined, first, by the law of Republic of Kazakhstan, and second, by the customary (common) business practices.


1.1. PLANNING OF CARRIAGES

1.1.1. The Customer shall deliver to the Contractor an Application setting out the time and volume of the future shipment, and the quantity and required type of vehicles (rolling stock):

• at least 3 (three) days prior to carriage by air or by road;
• at least 7 (seven) days prior to carriage by sea or by rail;
• at least 6 (six) weeks prior to the start date of carriage of oversized Cargo.

1.1.2. The Contractor shall, within 24 (twenty four) hours after the receipt of the Application, excluding weekends and holidays, confirm its readiness and the Service fee, or send a reasonable refusal to accept the Application for execution. Absence of a response to an Application may not be deemed the Contractor's consent to execute it.


1.2. PREPARATION OF CARGO FOR CARRIAGE, LOADING/UNLOADING

1.2.1. The Customer shall prepare in advance and provide to the Contractor for loading the Cargo prepared for carriage at the agreed time, with proper marking, in due containers and packaging protecting the Cargo from damage during transportation, loading/unloading operations and intermediate storage, unless otherwise agreed by the Parties in the Application.
1.2.2. The Customer shall confirm the Cargo readiness for loading at the respective warehouse of the Consignor, ensure proper and timely access of the Vehicle to the place of loading/unloading and the availability of equipment and devices necessary for loading/unloading, unless otherwise agreed by the Parties in the Application or follows from the nature of transportation.
1.2.3. The Cargo shall be loaded into the Vehicle by the Customer or the Customer's representative (the Consignor), unless otherwise agreed by the Parties in the Application.
1.2.4. The Cargo shall be loaded into the Vehicle so as to:

• ensure safety and security of the Cargo during transportation;
• prevent any damage to the Vehicle;
• exclude excessive loading of the Vehicle as to the gross vehicle weight, including the maximum permitted axle weight.

Otherwise, the Party responsible for the Cargo loading into the Vehicle agrees to reimburse the other Party for any losses and pay any documented expenses, including any fine charged by the authorities;
1.2.5. The Customer shall indicate in the Application if the Cargo need additional fastenings in the Vehicle.
1.2.6. The Consignor shall ensure the access of the Contractor's representative to control the loading/unloading of the Cargo into/from the Vehicle, unless otherwise follows from the nature of transportation. If no access is provided, the Cargo shall be accepted by the Contractor's representative without checking the accuracy of the entries made in the waybill as to the number of Packages and visual condition of the Cargo and the packaging;
1.2.7. The Parties agree that the Contractor's representative shall accept the Cargo without inspecting the content, or counting the items in the container unit, or inspecting the quality, completeness, assortment and/or the content of the Packages.
1.2.8. If during the loading no comments are made by the Consignor regarding the Vehicle provided by the Contractor, the Vehicle shall be considered fit for transportation and meeting all the necessary requirements.
1.2.9. If the transported Cargo are used and/or worn Cargo (the “Used Cargo”), the Customer shall notify the Contractor thereabout before the start of transportation by so indicating in the Application. In the absence of a surveyor's examination of the Cargo made in the presence of the Vehicle driver before loading, any damage to the Cargo shall be considered as occurring before its handover to the Contractor. The Contractor shall only reimburse for the losses in respect of the Used Cargo if the Cargo are completely destructed or completely lost during transportation.

1.3. CARRIAGE

1.3.1. The Customer shall promptly resolve (participate in the resolution of) any disputes with the border and customs authorities of the countries of the Consignor, Consignee and the Cargo transit arising during transportation and related to missing documents, unreliable data in the accompanying documents or the competent authorities request to provide other additional documents or information related to the Cargo .
1.3.2. The delivery terms of the Cargo agreed by the Parties in the Application, shall be indicative and may be changed by the Contractor by informing the Customer in writing, subject to the restrictive measures. This is applicable by the authorities or other circumstances of the transportation process, which the Contractor cannot control or which are not force majeure events (including, but not limited to: queueing time at the border, operation procedure of railway operators, sea lines, airlines, port terminals, airports or railway stations, etc.).
1.3.3. The Customer agrees to inform the Contractor on special requirements for transportation, transhipment, unloading or storage of the Cargo, special properties of the Cargo, presence of tilt/movement sensors (prohibition of stacking, tipping, special fastening patterns, etc.).
Otherwise, the Contractor shall not be liable for any damage of the Cargo or other losses or property losses of the Customer caused by non-compliance with the special requirements.


1.4. RELEASE OF CARGO TO THE CONSIGNEE

1.4.1. The Cargo shall be unloaded from the Vehicle by the Customer or the Customer's representative (Consignee).
1.4.2. The Cargo shall be deemed delivered in full and in proper condition, if the waybill copy of the Contractor and the Consignee does not include a signed comment by the Vehicle driver on the general nature of shortage/damage/spoilage/loss of the Cargo or the number and date of the relevant Cargo inspection report, or if the Cargo is delivered in a container, with the Consignor's seals undamaged.
1.4.3. Commercial reports, Cargo inspection reports, opinions of independent expert organizations or other similar documents made without the participation of duly authorized representatives of the Parties shall be invalid and may not be accepted by the Parties for the purposes of claims.
1.4.4. The Contractor shall not be liable for any shortage and/or damage of the Package content if the transport packaging or the locking devices of the Customer, the Consignor, the Dispatch Station and/or the customs or other control/supervision authority are not damaged.


2. INTERMODAL TRANSPORTATION

2.1.1. When transporting Complete Cargo, it is permitted to tranship the Cargo on the route without additional agreement with the Customer, unless otherwise expressly agreed by the Parties in the Application.
2.1.2. When transporting Groupage Cargo, the Cargo may be placed in tiers; the Contractor shall determine the type and number of Vehicles required for the execution of the Application, as well as the points / terminals of transhipment/consolidation of the Cargo independently without giving an additional notice to the Customer.
2.1.3. For an Application for which the Customer has not yet determined the date of shipment of Cargo, the rate may be specified by the Contractor after receiving information on the actual date of shipment.
2.1.4. If additional expenses arise at any phase of intermodal transportation, including, but not limited to: excessive storage time, excessive use of container equipment (demurrage), terminal handling or other third party services or fees, the Customer shall reimburse the Contractor for such expenses subject to a 7% commission for the use of the Contractor's funds to pay such obligations, unless otherwise additionally agreed by the Parties.
2.1.5. If the Cargo loading fails due to any circumstances beyond the control of the Customer or its representatives, or the Contractor's failure to provide the Vehicle for transportation, or the Contractor's refusal to provide transportation according to the agreed Application less than 2 (two) days before the date of collection of the Cargo, the Contractor shall pay the Customer a fine of EUR 200 (two hundred).
2.1.6. If loading fails or the Consignor fails to provide the Cargo for transportation on the date of provision of the Vehicle, the Customer, at the request of the Contractor, shall pay the Contractor a fine at the rate of 10% of the Service fee, but not less than EUR 200 (two hundred).
2.1.7. If the Customer refuses the Services agreed with the Contractor:

• less than 2 (two) business days prior to the start date of the Cargo collection for carriage by air, road or sea;
• less than 5 (five) business days prior to the start date of the Cargo collection for carriage by rail.

The Customer, at the request of the Contractor, shall pay the Contractor a fine of EUR 200 (two hundred).

2.1.8. The Customer shall ensure the Vehicles loading/unloading procedures and customs clearance of the transported Cargo:

• within 1 (one) business day in the Republic of Kazakhstan for loading/unloading of Complete Cargo;
• within 1 (one) business day in the Republic of Kazakhstan for customs clearance of Complete Cargo;
• within 1 (one) business day in foreign countries for customs clearance and loading/unloading of Complete Cargo;
• within 3 hours in the Republic of Kazakhstan and in a foreign country for loading/unloading of Groupage Cargo;
• within 3 hours in a foreign country for customs clearance of Groupage Cargo.

If the Groupage Cargo is not unloaded at a bonded warehouse, the conditions for the Complete Cargo shall apply.

2.1.8.1. Within the framework of the Contract, upon an Application from the Customer, the Contractor may perform freight forwarding services for transportation of cargoes within the territory of the Republic of Kazakhstan as a part of international transportation, namely:

- Cargo transportation from a railway station or a seaport;
- Receipt of cargo and cargo handling by the terminal of the railroad station or seaport.
Tariffs for cargo transportation include standard operating time of the vehicle:



[1] Transportation of containers from port/railway station to another city
[2] Transportation of containers within the urban agglomeration of the city where the port/railway station is located

In the case of loading/unloading of containers on the territory of a foreign country the normative time is 4 hours. In case of exceeding this time the penalty for the Customer is 75 Euro.

The cost of the Contractor's services (tariffs) for delivery of the Customer's cargoes is determined in the Application for transportation taking into account the VAT rate according to the current tax legislation.

The Contractor informs the Customer about departure, location, date and time of cargo arrival, about date and time of departure with cargo from the territory of the terminal on the fact of departure of the vehicle, but not later than the date of arrival at the warehouse.

The Contractor shall inform the data on the driver and vehicle before delivery of the cargo to the consignee's warehouse.

2.1.8.2. In case of disruption of transportation caused through no fault of the Contractor from the port/railway station to the consignee's warehouse, the Customer shall reimburse the Contractor's expenses in the amount of:

• With long-distance transportation 20% of the cost of transportation
• With intracity transportation of 125,000 tenge

Download failure means:

- cancellation of the planned  Vehicle for loading in the port/railway station due to late notification by the Customer of the transfer of the agreed delivery time to the consignee's warehouse.
The Customer shall notify and agree on a new delivery time by 3 р.m. on the day preceding the day of shipment from the port/railway station;

- Failure of the port/railway station to load cargo on the Vehicle, which has already been submitted for loading, if such failure occurred through no fault of the Contractor.

1.1.9. The standard time of arrival of a Vehicle for loading/unloading and customs clearance for Complete Cargo shall be until 12 am local time. If the Vehicle arrives for loading/unloading and customs clearance after 12:00 am local time, the time of loading/unloading and/or customs clearance shall be counted from the day following the date of arrival.
1.1.10. If there are too many trucks at the customs terminal and it is not possible to enter the customs area, the time of arrival of the Vehicle at the customs terminal shall be the time of informing the Customer on the arrival of the Vehicle for customs clearance.
1.1.11. Delay of the Vehicle in excess of the standard time set out in clause 2.1.8. of the GTC shall mean downtime and shall be paid by the Customer in the following order, unless otherwise agreed by the Parties in the Application:
·for the first two days of downtime, EUR 200 (less VAT) for each commenced 24 hours for standard Cargo, and EUR 250 (less VAT) for every commenced 24 hours for Cargo with stated temperature conditions;
·starting from the third day of downtime, EUR 250 (less VAT) for each subsequent 24 hours for standard Cargo, and EUR 350 (less VAT) for each subsequent 24 hours for Cargo with the stated temperature conditions.

For Groupage Cargo, downtime shall be counted for each commenced (subsequent) 24 hours starting from the 4th hour from the date of provision of the Vehicle for loading/unloading or customs clearance.

2.1.12. Here, and further in the GC, the amounts indicated in EUROS/dollars are issued by the Contractor in the national currency (tenge), or in the national currency of the Russian Federation (rubles) at the exchange rate set by the National Bank of the Republic of Kazakhstan to tenge on the date of the relevant invoice. Payment is made by the Customer in the currency of the invoice.

2. CARGO INSURANCE

2.1. As instructed by and at the expense of the Customer, the Contractor shall procure additional Cargo-in-transit insurance with any insurance company or broker. The beneficiary shall be the Customer, unless otherwise agreed by the Parties in the Application.
2.2. If an event occurs with the signs of an insured event, the Parties shall do anything possible to prevent or reduce losses and further on follow the instructions of the insurance company, including in due time provide the necessary or copies of documents. On behalf of the Contractor, the Customer shall collect and transfers the necessary documents to the Contractor. The Contractor shall deliver the documents to the insurance company and notify the Customer of the decision made regarding the insurance indemnity.
2.3. The fee for the performance of the Cargo insurance instructions shall not be indicated separately and, together with the Contractor's expenses related to the performance of the Cargo insurance instructions, including the insurance premium paid to the insurer, shall be included in the Cargo insurance service fee agreed by the Parties in the Application.
2.4. If an insured event occurs, the Customer shall provide in writing any information or documents requested by the Contractor within 1 (one) business day from the date of receipt of the Contractor's request, and where this is not possible, on the next business day.
2.5. The Parties agree that the insurance certificate (policy) provided by the Contractor to the Customer shall be a sufficient proof of the performance of the instructions. The instructions given to the Contractor shall be deemed fulfilled if the Customer does not file reasoned objections within 5 (five) business days from the date of provision of the insurance certificate (policy).
2.6. If high-liquidity Cargo are transported, the Customer shall instruct the Contractor to insure the Cargo at the expense of the Customer with an insurance company chosen by the Contractor or receive a written refusal of subrogation against the Contractor from the Customer's insurance company who insured the Cargo.
2.7. High-liquidity Cargo shall include the following categories:

• designer clothing;
• specified/oversized Cargo;
• precious metals/jewellery;
• valuable works of art;
• Computers and electronic components of computers, servers, portable electronic products, mobile phones and their electronic components. Electronic components shall include integrated circuits, motherboards and SIM cards, computer memory and computer processors, sound cards, video cards, modems, etc.;
• Cargo with a value exceeding EUR 500,000.

3. Applicable Law

In any other matters not covered by these GTC and the Contract the Parties shall be governed by:

• Federal Law No. 87-FZ of June 30, 2003 "On Forwarding Activities";
• Convention on the Contract for the International Carriage of Cargo by Road (CMR);
• Protocol to the Convention on the Contract for the International Carriage of Cargo by Road (CMR) (Geneva 1978);
• Customs Convention on the international transport of Cargo under cover of TIR carnets;
• Provisions of the Merchant Shipping Code of the Republic of Kazakhstan;
• Provisions set out on the back of the bill of lading/air waybill when transported by sea/air;
• Intergovernmental and border railway treaties;
• Provisions of the SMGS Convention;
• Applicable laws of the Republic of Kazakhstan, regulating cargo transportation and forwarding activity.

The Parties have established that special rules of law that apply to the transportation of certain categories of goods (food products, the basis for the manufacture of food products, medications, medicines, etc.), such as HACCP, GOST and others, do not apply to the relations of the Parties, except for the requirements for compliance with the temperature regime during transportation specified in an Application.

In order to apply special rules of law during transportation, their inclusion in the Contract is subject to separate approval by the Parties by signing an additional specific agreement.

The Customer agrees that in case of approval of the above conditions to the Contract, the rate for transportation may be increased by the Contractor.


4. Other provisions

4.1. The GTC shall be approved by the Order of the Director General of the Contractor and published by the Contractor on the website at rimalog.ru.
4.2. The Contractor may amend individual clauses or the entire GTC. The Contractor shall publish scanned revised Order and GTC on the website at rimalog.ru. The Contractor shall inform the Customer by an official letter on amendment in the GTC 30 (thirty) business days before they become effective and are published on the Contractor's website.

ANNEX 1

to TOO RIMA (RIMA) General terms and conditions rendering of

international freight forwarding services

approved by administrative order 03/24 dated 27.06.2024 г of

General Director of TOO RIMA

Requirements for the Application for international transportation and forwarding services

The Application shall include:

• Name and address of the consignor, e-mail addresses and contact telephone numbers of persons authorized by the consignor to ship Cargo;
• Exact loading address and/or location of the Cargo;
• Address for receiving the export declaration;
• Terms of delivery as per Incoterms;
• Date and preferred time of loading (delivery of vehicle for loading);
• Name and address of the consignee, e-mail addresses and contact telephone numbers of persons authorized by the consignee to receive Cargo;
• Delivery address;
• Order number, invoice number, loading reference;
• Weight, description, type and value of Cargo, type of packaging, number and dimensions of packages, TN VED (Product Classifier for Foreign Economic Activities) codes, Cargo hazard class;
• For transportation by road: details of the customs office (name of the customs office, customs post, code of the post), and the address of the customs clearance of the Cargo - the exact address and license number of the terminal/bonded warehouse where the Cargo shall be delivered;
• Special conditions of carriage of certain Cargo;
• Type and number of vehicles required for transportation;
• The cost of forwarding services agreed by the Parties;
• Where necessary, the transport insurance coverage of the Cargo;
• Details of the Customer's authorized representative (telephone number, full name, position, e-mail address);
• Details of the Contractor's authorized representative (telephone number, full name, position, e-mail address);
• Other (material) information necessary to the Contractor to perform the Application.

The Application Form shall be provided to the Customer upon request.

ANNEX 2

to TOO RIMA General terms and conditions rendering of

international freight forwarding services

approved by administrative order 03/24 dated 27.06.2024 г of

General Director of TOO RIMA

PERMITTED DEBT LIMIT

 (if not filled in, to be used by the Parties as a FORM for further signing)

1.The amount due under the invoices for the Contractor's Services provided to the Customer, but not paid (the "Debt Limit") may not exceed the debt limit set out in this Annex.
2.Based on the Customer's financial performance and other metrics, the Contractor sets the Customer's permitted debt limit in the amount of Enter the text, inclusive of VAT.
3.The Parties may agree to increase the limit on the basis of the Customer's written request and the Contractor's written consent. A higher limit may be set without execution of amendments hereto.
4.If the Customer breaches the procedure and terms of payment set out in the Contract and/or consistently (more than two times) exceeds the Limit established by this Annex, the Contractor may reduce the Debt Limit to zero at its own discretion by giving a notice to the Customer by any method indicated in the Contract.
5.If the cost of new services, including the previously provided but unpaid services, exceeds the permitted debt limit, the Customer agrees, within one business day, to make early repayment of the part of debt in excess of the Limit. Otherwise, clause 4 of this Annex shall apply.
6.If the Contractor reduces the Debt Limit to zero, the Customer agrees to pay all outstanding invoices for the Contractor services within 3 (three) banking days from the date of such notice in accordance with clause 4 of this Annex. Further provision of services by the Contractor shall be conditional on:

Payment of the service fee and additional expenses agreed by the Parties shall be done by the Customer within 3 (three) banking days from the date of the invoice. An electronic copy of the invoice sent by the Contractor by e-mail through the Contractor's domain @rimalog.com shall be accepted by the Customer for payment followed by the delivery of the original.

7. The provisions of this Annex shall prevail over the provisions of the Contract.
8. Any other matters not covered by this Annex shall be governed by the Contract.