EVEREST Solutions s.r.o., registered office at Pekařská 621/7, 155 00 Praha 5-Jinonice, company ID (IČO) 03530680, tax ID (DIČ) CZ03530680, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 233028

Version effective from: 07.10.2026

1. Introductory provisions and definitions

1.1 These terms and conditions (the "Terms") govern the rights and obligations in road freight transport and forwarding provided by EVEREST Solutions s.r.o. (the "Company") to its customers. The Terms are issued under Section 1751 of Act No. 89/2012 Coll., the Civil Code (the "Civil Code"), and form part of every Contract that refers to them.

1.2 The Terms apply to Contracts with a Customer acting in the course of its business. The Company does not conclude Contracts with consumers.

1.3 Provisions of a Contract or an Order Confirmation that differ from the Terms take precedence over the Terms. The Customer's own terms and conditions do not apply unless the Company expressly accepts them in writing.

1.4 For the purposes of the Terms:

Customer — the person placing an Order with the Company (the consignor or principal).
Consignment — the goods taken over for carriage under one Contract, including packaging and load carriers (e.g. pallets).
Inquiry — the Customer's request for a quote.
Quote — the Company's price offer.
Order — the Customer's proposal to conclude a Contract.
Order Confirmation — the Company's written acceptance of an Order.
Contract — a contract for the carriage of goods or a forwarding contract concluded between the Company and the Customer under Section 2.
Carrier — the Company where it performs the carriage with its own vehicles, or another carrier the Company engages to perform it.
Consignee — the person to whom the Consignment is to be delivered.
CMR — the Convention on the Contract for the International Carriage of Goods by Road (CMR), promulgated in the Czech Republic as No. 11/1975 Coll., as amended.
ADR — the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), promulgated as No. 64/1987 Coll., as in force.
Written form — a paper document or e-mail.

1.5 Depending on the Contract, the Company acts either as a carrier (carrying the Consignment with its own vehicles and drivers) or as a forwarder (arranging carriage by another Carrier in its own name on the Customer's account). Unless the Order Confirmation states otherwise, the Company acts as a carrier where it performs the carriage with its own vehicles and drivers, and as a forwarder where it arranges carriage by another (partner) Carrier.

2. Conclusion of the contract

2.1 The Customer submits an Inquiry in writing, in particular by e-mail to info@everestsolutions.cz or through the contact form on the Company's website.

2.2 An Inquiry and an Order contain at least: place and date of loading and unloading; consignor and Consignee with a contact person; type of goods; number of packages and type of packaging; gross weight, dimensions and loading metres or number of pallets; whether the goods are dangerous under ADR; whether the load is oversized or overweight; requirements for the vehicle or trailer, and other special requirements (e.g. fragile, non-stackable).

2.3 A Quote is not binding and is valid for 7 days from the date it is sent unless it states otherwise. A Quote is based on the data in the Inquiry. If the facts differ from that data, the Company may adjust the price reasonably or refuse performance.

2.4 A Contract is concluded when the Company delivers the Order Confirmation to the Customer. An Order Confirmation with additions or changes is a new proposal; the Contract is then concluded once the Customer accepts it or hands over the Consignment for carriage without reservation.

2.5 Where the Company and the Customer have a framework agreement, individual carriages are governed by the Terms to the extent the framework agreement does not provide otherwise.

2.6 The Customer may cancel an Order in writing. If it cancels after the Contract is concluded, it pays the Company a cancellation fee depending on the time of cancellation before the agreed start of loading: 48 hours or more before, 0 %; less than 48 hours but at least 24 hours before, 50 % of the agreed price; less than 24 hours before, or after the vehicle has been dispatched to the loading place, 100 % of the agreed price. It also pays costs reasonably incurred (e.g. permit fees) to the extent the cancellation fee does not cover them.

2.7 The Company may refuse an Order without giving reasons. It may withdraw from a Contract if the Customer gave untrue or incomplete information material to the carriage, in particular about dangerous goods.

3. The Company's obligations

3.1 The Company performs the carriage with professional care, properly and on time. The Company chooses the route unless otherwise agreed.

3.2 The Company provides a vehicle that is technically fit and suitable for the agreed Consignment and carries the documents required by Act No. 111/1994 Coll., on Road Transport, and other legislation.

3.3 The Company ensures that drivers hold the required qualifications. For dangerous goods, drivers hold a valid ADR certificate and the vehicle is equipped under ADR.

3.4 The Company may engage another Carrier to perform the carriage. When acting as carrier, it is liable for that Carrier as if it performed the carriage itself. When acting as forwarder, it is liable for selecting the Carrier with professional care. The Customer may exclude performance by another Carrier in the Order.

3.5 On taking over the Consignment, the driver checks the apparent condition of the Consignment and its packaging and the number of packages, and records any reservations in the consignment note (for international carriage under Art. 8 CMR). The Company is not obliged to check the contents of packages, the weight or the accuracy of the Customer's data unless agreed.

3.6 The Company informs the Customer without undue delay of any obstacle to carriage (delay, accident, refusal by the Consignee) and asks for instructions. If instructions cannot be obtained in time, it acts as the Customer's interest requires.

3.7 Where agreed, the Company gives the Customer real-time information on the Consignment's position.

3.8 Where agreed, the Company arranges permits for oversized loads, escort vehicles or customs clearance. The related costs are borne by the Customer.

4. The Customer's obligations

4.1 Description of the Consignment. The Customer gives complete and true data under Section 2.2 and is liable for damage caused by incorrect data. If the value of the Consignment exceeds 8.33 Special Drawing Rights (SDR) per kilogram of gross weight (the compensation limit under Art. 23(3) CMR), the Customer declares it in writing in advance.

4.2 Packaging and marking. The Consignment must be packed to withstand normal road transport, including loading, transhipment and unloading, and marked so it can be clearly identified. The Customer marks special characteristics (fragile, non-stackable, centre of gravity) on the Consignment. The Customer is liable for damage caused by defective or missing packaging.

4.3 Dangerous goods (ADR). If the Consignment contains dangerous goods, the Customer states this in writing before the Contract is concluded and gives the UN number, proper shipping name, class, packing group, quantity and other data ADR requires for the transport document, and hands over the safety data sheet. The Customer is responsible for classification, packaging, marking and labelling under ADR. The Company may unload, destroy or render harmless undeclared dangerous goods at any time at the Customer's cost (for international carriage under Art. 22 CMR). The Customer is liable for all resulting damage, costs and fines.

4.4 Documents. The Customer hands over in good time all documents needed for the carriage, customs procedures and other official acts (e.g. delivery note, commercial invoice, export documents, permits) and is responsible for their accuracy and completeness (for international carriage Art. 11 CMR). Customs clearance of Consignments to or from countries outside the European Union (e.g. Switzerland) is the Customer's responsibility unless it is expressly agreed that the Company arranges it.

4.5 Readiness. The Customer ensures that the Consignment is ready for loading at the agreed place and time and that the loading and unloading places are accessible to the agreed vehicle.

4.6 Excluded goods. Without prior written agreement, the Customer does not hand over for carriage cash, securities, precious metals, jewellery, works of art, live animals, temperature-controlled goods, or goods whose carriage is prohibited by law.

4.7 The Customer ensures that the Consignee takes delivery of the Consignment and pays the price under Section 5.

5. Price and payment

5.1 The price is agreed in the Order Confirmation and covers the carriage on the terms stated there. Other costs reasonably incurred through no fault of the Company are paid by the Customer separately. These include waiting beyond Section 6, additional loading or unloading points, changed instructions, storage, return of the Consignment and official fees.

5.2 Prices are stated in euro (EUR), or in Czech koruna (CZK) at the Customer's request, excluding VAT. VAT at the statutory rate is added where the service is subject to VAT.

5.3 The Company issues an invoice after delivery, on the basis of proof of delivery (the signed CMR consignment note or another document confirming receipt by the Consignee). Invoices are due within 14 days of their issue. Payment is made by bank transfer to the account stated on the invoice. Invoices may be sent electronically.

5.4 If the Customer is late with payment, it pays default interest at the rate set by the Civil Code and Government Regulation No. 351/2013 Coll., and compensation for the costs of recovering the debt.

5.5 The Customer may not set off its claims (including claims for damages) against the price without the Company's written consent. Making a claim does not affect when the price is due.

5.6 To secure claims under the Contract that are due, the Company has a right of retention over the Consignment under the Civil Code.

6. Loading, unloading and waiting time

6.1 Loading, stowing and securing the Consignment on the vehicle, and unloading it, are done by the Customer, the consignor or the Consignee, at the Customer's cost and responsibility, in line with the law and recognised technical rules for load securing. The driver may check whether the stowage endangers road safety or the vehicle and require it to be corrected; until it is corrected, the driver need not depart. A check by the driver does not relieve the Customer of responsibility.

6.2 If it is agreed that the Company arranges handling of the Consignment (e.g. by crane or forklift for steel coils or oversized loads), this is stated in the Order Confirmation.

6.3 For loading and for unloading, the Customer has free time of 2 hours (for full truckloads (FTL) in international carriage, 24 hours) at each place. Free time runs from the vehicle's arrival at the agreed time; if the Company arrives earlier, it runs from the agreed time. For each hour or part of an hour beyond free time, the Company charges a waiting fee of EUR 30 excl. VAT.

6.4 If the Consignment is not ready, or loading or unloading cannot take place for reasons on the Customer's side, the Company may charge the costs of the wasted journey at 100 % of the agreed price where this occurs after the vehicle has arrived at the loading or unloading place; otherwise the cancellation fees under Section 2.6 apply accordingly.

6.5 The driver has the arrival and departure times confirmed in the consignment note or another document.

7. Delivery

7.1 The Company delivers the Consignment to the Consignee at the agreed place against a confirmation of receipt in the consignment note or another document.

7.2 For full truckloads (FTL) and for Express carriage over a distance of up to 1,250 km, the delivery date is fixed: the Company delivers the Consignment within 24 hours of taking it over for carriage. For other services and longer distances, delivery dates stated in a Quote or Order Confirmation are indicative; they are binding only if the Order Confirmation expressly marks them as fixed. The Company is liable for delay in delivery under Section 8; no additional contractual penalty is agreed.

7.3 If the Consignment cannot be delivered (the Consignee refuses it, cannot be reached, or the place is inaccessible), the Company asks the Customer for instructions and follows them. The Customer bears the costs of waiting, storage, return or redelivery. For international carriage, Articles 15 and 16 CMR apply.

8. Liability and its limits

8.1 International carriage. The Company's liability as carrier for loss of or damage to the Consignment and for delay in delivery is governed by the CMR. Compensation for loss or damage is limited under Art. 23 CMR to 8.33 Special Drawing Rights (SDR) per kilogram of gross weight short (Art. 23(3) CMR; for damage, read with Art. 25 CMR). Compensation for delay is limited under Art. 23(5) CMR to the amount of the carriage charges.

8.2 Domestic carriage. The Company's liability as carrier is governed by the Civil Code provisions on the contract for the carriage of goods (Section 2555 et seq.). Compensation is limited to the extent set by Section 2635 of the Civil Code (for loss or destruction, the price the Consignment had when taken over for carriage; for damage, the difference between that price and the price of the damaged Consignment), unless the law excludes such a limit.

8.3 Forwarding. When the Company acts as forwarder, its liability is governed by the Civil Code provisions on the forwarding contract (Section 2471 et seq.). The Company is liable for selecting the Carrier with professional care and for breaching its own obligations. Compensation is limited to the extent of a forwarder's liability under Section 2471 et seq. of the Civil Code; for damage arising during carriage performed by another Carrier, the Company is liable only if it failed to exercise professional care in selecting that Carrier. The Company assists the Customer in pursuing claims against the Carrier.

8.4 Higher value. Against a surcharge agreed in writing for each case before loading, the Customer may enter in the consignment note a value of the Consignment exceeding the limit (Art. 24 CMR) or a special interest in delivery (Art. 26 CMR). This must be agreed in writing in advance.

8.5 The Company is not liable for damage caused by the fault or instruction of the Customer, the consignor or the Consignee; incorrect or incomplete data or documents; defective or missing packaging; loading, stowing, securing or unloading by the Customer, the consignor or the Consignee; the inherent nature of the goods; or circumstances the Company could not avoid. This applies to the extent permitted by the CMR (in particular Art. 17) and the Civil Code.

8.6 The Company is not liable for lost profit or for indirect or consequential damage (e.g. production stoppage or contractual penalties the Customer pays to third parties). This limitation does not apply where it would conflict with Section 2898 of the Civil Code (damage caused intentionally or by gross negligence, harm to a person's natural rights) or with mandatory provisions of the CMR (in particular Art. 29).

8.7 The Customer is liable to the Company for damage, costs and fines caused by breach of its obligations under Sections 4 and 6, including damage to the vehicle and damage caused to third parties.

9. Insurance

9.1 The Company holds CMR carrier's liability insurance, which covers its liability within the limits of Section 8, i.e. up to 8.33 SDR per kilogram of gross weight under Art. 23(3) CMR; on request it provides the Customer with a certificate of insurance.

9.2 Carrier's liability insurance does not cover the full value of the Consignment; it covers only damage for which the Company is liable, within the limits of Section 8. The Company arranges insurance of the Consignment (cargo insurance) only on the Customer's written request and at a price agreed for each case. Otherwise, the Customer insures the goods itself.

10. Claims and time limits

10.1 The Consignee records apparent loss or damage in the consignment note on delivery, with a description of the damage. Taking photographs is recommended.

10.2 For international carriage, reservations and the time limits for making them are governed by Art. 30 CMR, and limitation of claims by Art. 32 CMR.

10.3 For domestic carriage, the Customer gives written notice of hidden loss or damage within 7 days of taking delivery.

10.4 The Customer submits a claim in writing to info@everestsolutions.cz. The claim contains the order number, a description of the damage, the consignment note with the reservation, photographs, proof of the value of the goods and the amount claimed. The Customer keeps the damaged goods available for inspection.

10.5 The Company handles a claim within 30 days of receiving complete documents.

10.6 Limitation of claims from domestic carriage and forwarding is governed by the Civil Code.

11. Force majeure

11.1 Neither party is liable for failing to perform an obligation if prevented by an extraordinary, unforeseeable and insurmountable obstacle arising independently of its will (Section 2913(2) of the Civil Code). This includes natural disasters, war, terrorist acts, strikes, epidemics, closure of borders or roads, and measures of public authorities. For international carriage, Art. 17(2) CMR applies.

11.2 The party prevented from performing notifies the other party without undue delay. Performance is postponed for the duration of the obstacle. If the obstacle lasts longer than 30 days, either party may withdraw from the Contract. The Customer then pays the price for the part of the carriage already performed and costs reasonably incurred.

12. Confidentiality and personal data

12.1 The parties keep confidential the agreed prices, business partners and the content of Contracts. This does not apply to disclosure to Carriers, insurers and advisers to the extent needed to perform the Contract, or where disclosure is required by law or a public authority.

12.2 The Company processes personal data as controller under Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll., on the Processing of Personal Data. Details are in the Privacy Policy at /privacy.

12.3 Where the Customer passes personal data of third persons to the Company (e.g. contact persons at the loading place or the Consignee), it declares that it is entitled to do so.

13. Governing law and disputes

13.1 Contracts and the Terms are governed by the law of the Czech Republic, excluding its conflict-of-law rules. For international carriage, the provisions of the CMR take precedence.

13.2 The parties first try to settle disputes amicably. Failing that, disputes are decided by the District Court for Prague 5 or, where a regional court has subject-matter jurisdiction at first instance, the Municipal Court in Prague, unless Art. 31 CMR or another mandatory rule provides otherwise.

14. Final provisions

14.1 The Terms take effect on the date stated in the heading.

14.2 The Company may change the Terms. The new version applies to Contracts concluded after it is published on the Company's website. The Company notifies Customers with a framework agreement of a material change at least 30 days in advance; the Customer may terminate the framework agreement before the change takes effect (Section 1752 of the Civil Code).

14.3 If any provision of the Terms is invalid or unenforceable, the other provisions remain in force. The invalid provision is replaced by a valid one that comes closest to its purpose.

14.4 Changes and additions to a Contract require written form.

14.5 The Terms are made in Czech, English and Russian. In case of conflict, the Czech version prevails.

14.6 Questions about the Terms may be sent to EVEREST Solutions s.r.o., Pekařská 621/7, 155 00 Praha 5-Jinonice, or by e-mail to info@everestsolutions.cz.

Terms and conditions for road freight