REGULATIONS OF PALLET TRADING AT PBS Connect Polska Ltd.

The update of the rules of these Regulations comes into force on October 1, 2021

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PBS Connect Polska Ltd. with its registered office in Marki, address of the registered and commercial seat: ul. Okólna 45, 05-270 Marki, entered into the National Court Register kept by the District Court for the Capital City of Warsaw Warszawa in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000435936, represented by: Mirosław Szydłowski - President of the Management Board, hereinafter referred to as

Seller

PBS client, hereinafter referred to as Buyer

§1

General provisions

1. The goods will be delivered by the Seller to the Buyer, inter alia, on licensed returnable EUR or EPAL pallets compliant with the green pallet assessment card https://ecr.pl/palety/#karty-oceny-palet
2. All EUR and EPAL pallets delivered to the Buyer at the address indicated by him will be returned to the Seller within the time limit and on the terms specified in the regulations, and if the pallets are not returned, the Seller will charge the Buyer with their price.

§2

Delivery of goods

1. With each delivery of goods, the Seller shall include the declared number of EUR/EPAL pallets subject to return on the bill of lading/XWZ.
2. If the Seller delivers a smaller number of pallets or delivers pallets that do not meet the standards of the pallet specification, the buyer is obliged to include information about this discrepancy on the waybill/XWZ and in the form of a complaint along with photos of the complained pallets through the pallet non-recognition form located in the PBS Catalog (under individual link sent to the customer and available in the "Delivery to the customer" tab, and after submission in the "Pallet Complaint" tab). The Seller decides whether to accept or reject the customer's complaint based on the materials provided to him by the Buyer and the pallet assessment cards.
3. In the absence of the information referred to in § 2 section 2 of the Regulations within 24 hours of delivery, the parties agree that the Buyer has accepted the number of pallets declared by PBS Connect Polska on the bill of lading/XWZ.
4. Upon delivery, the Buyer is obliged to return the pallets in the number of accepted pallets.
5. Returned EUR or EPAL pallets must comply with the Pallet Rating Green Card https://ecr.pl/palety/#karty-oceny-palet
6. The number of pallets delivered and accepted and not returned upon delivery increases the pallet balance of the Buyer.

§3

Buyer's pallet balance

1. The parties agree that they will keep a record of accepted and returned pallets, hereinafter referred to as the pallet balance.
2. The calculation of the Buyer's pallet balance is made by the Seller on the basis of delivery documents and notifications in accordance with § 2 of the Regulations.
3. The pallet balance, including the state of pallets on the last day of the calendar month, will be sent by the Seller by e-mail to the person indicated by the Buyer or to the e-mail addresses active in the PBS On-line catalog associated with the Buyer's main account.
4. The Buyer is obliged within 7 working days from the date of receipt of the pallet balance to confirm this balance or report any discrepancies/differences in the settlement of pallets/pallet balance by sending this information by e-mail to the persons indicated by the Seller in § 6 of the Regulations. In the absence of such notification or failure to confirm the balance within the time limit specified above, it is considered that the balance sent by the Seller is consistent and accepted by the Purchaser.
5. In the event of reporting differences/inconsistencies in the balance, the Seller undertakes to explain them within the next 14 business days, and the balance determined after the explanations will be immediately confirmed by both parties. The parties undertake to cooperate closely in this regard. The Buyer is obliged to present, at the Seller's request, within 7 working days, the documentation on which it bases its calculations and balance. If it is not presented within the specified period, the Parties agree that the pallet balance sent by the Seller is correct and binding for the Parties.

§4

Pallet returns

1. The buyer is obliged to return the pallets upon delivery, the number of non-returned pallets will increase its balance.
2. Subject to the provisions of § 4 section 9 of the Regulations, based on the agreed pallet balance, the Seller may, at least once every six months, call on the Buyer to return the pallets, informing him of the intention to collect the pallets by phone or e-mail, indicating the number of pallets to be collected.
3. Notwithstanding the provisions of § 4 section 2 of the Regulations, the Buyer may also inform the Seller by e-mail about the intention to return the pallets beyond the date referred to in § 4 section 2 of the Regulations. Such information must contain the exact amount of the declared return, the pickup address and the name, surname and contact telephone number of the Buyer's employee responsible for this return. The Seller is obliged to collect the pallets if the Buyer declares the return of at least 15 pallets from one collection point. In the case of a smaller number of pallets, these pallets will be collected from the Buyer in accordance with § 4 section 2 of the Regulations.
4. The Seller, in agreement with the Buyer, will specify the exact date of receipt of the pallets, with the proviso that the receipt of the pallets will take place within 7 days from the request referred to in § 4 section 2 of the Regulations or from the notification of the intention to return the pallets referred to in § 4 section 3 of the Regulations . The Buyer is obliged to prepare pallets for collection in the amount indicated by the Seller.
5. The collection of pallets from the Buyer takes place on the basis of the document "Pallet Collection Order or Bill of Lading" established by the Seller and will be carried out by the indicated transport company.
6. The driver collecting the pallets for the Seller has the right to pre-check the quality of the returned pallets and to refuse to accept pallets that do not meet the standards of the pallet specification. Such a refusal does not release the Purchaser from the obligation to return the pallets at a later date, but not later than the date referred to in § 4 section 10 of the Regulations.
7. Responsibility for the quality of the issued pallets rests with the Buyer until they are accepted at the Seller's warehouse and accepted in terms of quality. In the case of issuing pallets that do not meet the specifications, the Seller will immediately send such information to the Buyer, leaving the pallets that do not meet the requirements at his disposal. The buyer will make a decision on the further handling of these pallets within 7 working days. All costs related to these pallets, in particular the costs of transport and possible disposal, are borne by the Buyer - and the number of pallets that do not meet the specifications continues to be charged to the Buyer's pallet balance.
8. The number of pallets returned without reservations on the order document legibly signed by the Seller's representative reduces the Buyer's pallet balance.
9. Notwithstanding the provisions of § 4 sec. 2 of the Regulations, if the Buyer already has at least 30 pallets to be returned on its account, the Buyer undertakes to return these pallets within 14 days from the date of the request sent by the Seller. The provisions of § 4 section 10 § 4 sections 4-8 of the Regulations shall apply accordingly.
10. The Parties agree that the pallets returned by the Purchaser will be counted towards the return of pallets from the most recent deliveries.
11. The Parties assume, on account of any settlements between the Parties, that the value of the pallet will correspond to the current purchase price of a used pallet and type. As of the date of entry into force of these Regulations, this amount is PLN 60 net. Changing the price of a pallet does not constitute a change in the regulations. The Buyer will be informed about the change in the price of the pallet by e-mail.
12. If, for any reason, the Buyer fails to return the pallets in accordance with the regulations, the Seller, without a separate request, will charge the Buyer with the price of the non-returned pallets referred to in § 4 section 11 of the Regulations by issuing an appropriate VAT invoice. The invoice payment date will be 14 days from the date of its issue. The date of payment is the date of crediting the Seller's bank account. The Parties agree that invoices will be sent by the Seller to the Buyer via electronic mail (e-mail).

§5

Pallets returned when returning goods

1. The number of pallets returned by the Buyer when returning the goods should be placed on the complaint report and confirmed with a legible signature of the Seller's representative (driver).
2. The complaint document should be sent to the Seller's logistics department by e-mail within 2 working days of the return at the latest.
3. If the complaint report is not sent to the Seller or if there is no information on the number of returned pallets and a legible signature of the Seller's representative (driver) confirming the receipt of the pallets, the parties agree that the Buyer returned the goods without pallets.
4. The number of pallets returned by the Buyer together with the goods reduces its pallet balance.

§6

Contact person

1. As persons appointed in the logistics department to exchange correspondence regarding the balance of pallets, to set and confirm the dates of pallet collection and to issue a pallet collection order document, the Seller appoints:
2. a) Piotr Kędzierski,
   e-mail: piotr.kedzierski@pbspolska.eu