FEDEX CONDITIONS OF CARRIAGE FOR DOMESTIC SERVICES, EFFECTIVE FROM 30th MARCH 2017

1. GENERAL PROVISIONS

1.1. The Rules lay down the principles which shall be followed by FedEx while providing the Services. The Rules shall be interpreted along with the valid Price List and other documents binding and published on the website fedex.com/pl and in the Branches, which form model terms and conditions as defined in the Civil Code. The set of principles formed in this way, with which the Employer shall be obliged to become familiar before executing the Agreement, shall form the content of the agreement concluded between the Employer and FedEx and shall be binding with respect to the rights and obligations of the Parties to the agreement, unless the parties have concluded a separate framework agreement that shapes the rights and obligations of the parties differently.

1.2. Conclusion of an Agreement for the Provision of Services shall be confirmed with a Consignment Note, and in the case of issuing a Consignment Note in the form of an electronic document, the Agreement shall be deemed to be concluded upon entering data to the scanning device or the FedEx’s computer system, in the case of issuing a Consignment Note in the form of a paper document, the Agreement shall be deemed to be concluded upon signing the Consignment Note by the courier and the Sender.

1.3. FedEx, at its own discretion, may use third parties for the performance of every action making up the Service.

1.4. FedEx is not an appointed operator and shall have the right to refuse to provide the Service on the terms and conditions laid down herein and in the legal regulations.

1.5. The Services shall be provided on the territory of the Republic of Poland.

1.6. Every time a word is capitalized in the Rules it shall have the meaning assigned to it in the following list or the content of the Rules (by means of putting in brackets and in "quotation marks"), irrespective of whether it is singular or plural.

2. DEFINITIONS OF TERMS USED IN THE RULES:

Price List

Cumulatively, the “Price List of Domestic Services” and the “Guide for FedEx Domestic Services” which contains important information and detailed conditions concerning the provision of Services, available at www.fedex.com/pl/.

Delivery

An action consisting in (i) handing over a Shipment to the Recipient or a different person in the cases provided for by the law or the Rules; (ii) dropping off the Shipment at a place indicated by the Employer or the Recipient in accordance with the Rules.

FedEx

FedEx Express Polska Sp. z o.o., entered in the register of entrepreneurs of the National Court Register under number 000037973.

Consignment Note

A paper or electronic consignment note as defined in the Transportation Law, or a different paper or electronic document issued by FedEx that contains analogous data concerning the performed Service and the Shipment.

Sender

The natural or legal person or an organizational entity without legal personality, attributed legal capacity under the act, identified in the Consignment Note in the relevant field, that actually hands over the Shipment to FedEx for carriage. When that person or organizational entity acts in its own name and on its own behalf, it shall be the Employer under the Rules. When it acts in the name and on behalf of another entity, that other entity shall be the Employer, while the Sender shall not be a party to the Agreement. In such a case, the entity identified as “Sender” in the Consignment Note shall not be the “sender” as defined in the provisions of the Postal Law and the Transportation Law, and the Employer shall be the “sender” under those regulations.

Recipient

The natural or legal person or an organizational entity without legal personality, attributed legal capacity under the act, identified in the Consignment Note in the relevant field, to whom the Shipment is to be delivered, or any other person who has been authorized to receive the Shipment.

Branch

An office of FedEx, a list of branches is available at www.fedex.com/pl/

Payer

The natural or legal person or an organizational entity without legal personality, attributed legal capacity under the act, which is identified in the Consignment Note in the relevant field. The entity identified in the Consignment Note as the “Payer” shall be the Employer hereunder.

Postal Law

The Act of 23 November 2012 Postal Law, along with Regulations issued on the basis of that act.

Transportation Law

The Act of 15 November 1984 Transportation law, along with Regulations issued on the basis of that act.

Shipment

Items with attached address, packaged, accepted for performance of the Service. The concept of Shipment also covers Courier Shipment. All packages, palettes or other elements covered by one Consignment Note and collected from the same Sender shall be considered as one Shipment within one Service, unless the parties have decided otherwise.

Courier Shipment

As defined in the Postal Law, items with an attached address, packaged, accepted for performance of the Service, weighing up to 20 kg and with dimensions: (1) none of which can exceed 200 cm or (2) which cannot exceed 300 cm for the sum of the length and the greatest circumference measured in a different direction than the length;

Partner Point

A point cooperating with FedEx or an automatic locker, where it is possible to pick up or send a Shipment, excluding shipments containing correspondence. A list of Partner Points is available at www.fedex.com/pl/.

Rules

The Rules of Carriage for Domestic Services, this document.

Services

Standard actions performed by FedEx that consist in pickup, sorting, moving and delivery of Shipments to the identified Recipient, as well as auxiliary actions aimed at performance of the above actions, such as arrangement of transportation, pickup, etc. In the course of performing the Service, Employer’s Shipments may be combined with other shipments by FedEx within logistical actions. All Services that do not concern Courier Shipments as defined in the Transportation Law shall be performed on the basis of and in compliance with the Transportation Law. FedEx does not provide postal services as defined in the Postal Law, with the exclusion of services that concern Courier Shipments. A detailed list of Services and terms and conditions of providing the Services can be found in the Price List.

Issuing at a Partner Point

An action consisting in pickup of a Shipment at a Partner Point on the basis of the code sent to the submitted mobile phone number or email by a person who has that code.

Employer

The natural or legal person or an organizational entity without legal personality, attributed legal capacity under the act, which orders FedEx to perform the Service, which pays the fee for the Service and is a party to the agreement. The concept of Employer is identical with the concept of “sender” as used in the Transportation Law and the Postal Law. In the event that the Employer submits the Shipment for carriage in person, it is identified in the “Sender” and “Payer” fields in the Consignment Note. However, when the Employer uses a different entity to submit the Shipment for carriage, that entity shall be identified in the filed “Sender” and the Employer in the field “Payer”. In any case, the Employer shall be a party to the agreement and the Employer shall be vested with all rights that the legal regulations connect to the “sender” as defined in those regulations.

3. TERMS AND CONDITIONS OF PROVISIONS OF THE SERVICES

Deliveries, Conclusion of Agreement and Change to Agreement

3.1. Unless a separate framework agreement or the provisions of the Price List provide otherwise, a Shipment shall be Delivered on the next working day after its collection by FedEx. Shipment containing Dangerous Goods as per the Shipping Dangerous Goods Policy shall be Delivered within three working days after its collection by FedEx (“Delivery Time”).

3.2. Collection of a Shipment by FedEx in order to perform Services shall be confirmed with a Consignment Note, including at least:

  1. name or first name and surname and full address of the Sender,
  2. name or first name and surname and full address of the Recipient,
  3. name or first name and surname of the Payer,
  4. declared weight of the Shipment,
  5. declared value of the Shipment equal to the insurance amount,
  6. date of dispatching the Shipment,
  7. in the case of a COD Shipment, the Collected Payment and the number of bank account, to which the Collected Payment should be transferred.

The Consignment Note may be supplemented with contact data of the Sender or the Recipient that facilitate performance of the Service, instruction to leave the Shipment in a trusted place, and instructions concerning the Shipment that do not exceed the scope of the Service and are consistent with its nature. Completion of the Consignment Note shall be the necessary condition for performance of the Service and shall mean consent to the terms and conditions defined in the Rules.

3.3. The Shipment shall be delivered to the Recipient or a person authorized (also implicitly) by the Recipient to collect the shipment. If the Recipient is a legal person or an organizational unit without legal personality, the Shipment shall be handed to the person active in the premises of the person or organizational unit. FedEx reserves the right to verify the ID of the Recipient or authorization issued by the Recipient. When the Employer has placed an appropriate instruction, the Shipment may be left in a trusted place, at the discretion of FedEx, such as reception of a building, with a neighbour, etc.

3.4 Delivery shall be confirmed by the Recipient or a different person collecting the Shipment in accordance with the Rules through handwritten signature placed on a scanning device or a paper Consignment Note. The Employer consents to electronic confirmation of Delivery and a printout of confirmation from the FedEx system containing an image of the signature recorded on the scanning device shall constitute a proof of delivery of the Shipment. Issuing at a Partner Point shall not be confirmed, and the Shipment shall be collected through entering a single-use code sent electronically as instructed by the Employer.

3.5. Shipment weighing up to 20 kg and dimensions not exceeding 60 cm x 60 cm x 80 cm, not classified as dangerous goods, may at the request of the Recipient or the Employer be Issued at a Partner Point or accepted at a Partner Point for the purpose of performance of the Service. The Delivery Term is considered to be kept once the Shipment is left for Issuing at a Partner Point.

3.6. In the event of refusal to take over a shipment by the Recipient, it shall be returned at the Employer's expense to the Sender's address. The fact of refusal to take over a Shipment shall be recorded on the Consignment Note by FedEx. The Employer shall be obliged to pay possible additional fees for storing the Shipment by FedEx over a period exceeding three days at a rate resulting from the Price List.

3.7. In the event of absence of the Recipient, FedEx shall leave an advice note, which shall identify the Branch and the time when the Shipment can be collected. The Shipment shall be then handed over at the Branch, unless the Parties have arranged a different place of Shipment collection. The Shipment shall be collected within three working days, counting from the day following the date of the advice note. In the event of ineffective passage of the deadline, the Shipment shall be returned at the cost of the Employer to the Sender's address.

3.8. Refusal to accept a shipment by the Recipient, leaving the shipment at the Partner Point in accordance with instructions or absence of the Recipient confirmed with an advice note shall be tantamount to meeting the Delivery Time.

3.9. FedEx may, unless this entails excessive difficulties, make the following additional actions on request of the Employer or the Recipient:

  1. deliver the shipment to a different address, a Partner Point or at a different Delivery Time;
  2. store the shipment for a longer time than the 3 days stipulated in the Rules;
  3. change or cancel the COD status, only if instructed by the Employer.

3.10. The Employer shall be responsible for proper filling in of the Consignment Note and for correctness of the data placed in the Consignment Note.

3.11. Opening of the packaging of a Shipment or any other interference with the Shipment shall be acceptable only after signing acknowledgement of Delivery in the Consignment Note. FedEx informs that opening of the Shipment and checking its contents is possible on request of an authorized body and that FedEx’s liability discontinues as a consequence thereof.

3.12. The Employer shall be responsible for any actions or omissions of the Sender as for its own actions and omissions. The Employer shall be obliged to ensure that all actions performed by the Sender shall be properly performed. The Employer shall bear liability in this respect.

Shipment Preparation and Marking

3.13. The Employer shall be obliged to ensure that the Shipment is prepared in a manner adequate to its contents to protect the Shipment before regular actions related to the provision of the Services and enable its proper processing without pilferage or damage in order to perform the Service. With respect to some Shipments, FedEx shall issue binding packing instructions, available at www.fedex.com/pl and in the Branches.

3.14. Should it result from the nature and properties of a Shipment that it needs to be packed, the Employer shall be obliged to ensure that it will be handed over in packaging. The packaging must, in particular, meet the following requirements:

  1. be tightly closed,
  2. be appropriately resistant,
  3. prevent access to the content of the Shipment without leaving visible traces,
  4. if required by the properties or content of the Shipment, it should be labelled or marked in a manner that indicates the specific properties of the carried goods, such as: “do not turn”, “up/down”, etc.
  5. may not contain any cushioning that might damage other Shipments.
  6. Shipments containing dangerous goods should be prepared and marked in accordance with the Shipping Dangerous Goods Policy.

3.15. The weight and size of the packaging, including the palette and cushioning added by the Employer or the Sender shall be included in the weight of the Shipment. A wooden palette and cushioning shall not be returned, unless the parties have agreed otherwise.

3.16. The Employer or the Sender shall place on the Shipment or its packaging the address and details of the Recipient, consistent with the data entered in the Consignment Note. The address should be written legibly, without cross-outs or traces of erasing. The address must include the postal code used by the operator appointed under the Postal Law.

3.17. FedEx reserves the right to refuse to provide the Service or withhold performance of the Service with respect to an accepted Shipment if the packaging turns out to be inadequate or insufficient for safe performance of the Service. FedEx may also make performance of the Service with respect to such a Shipment conditional upon placement in the Consignment Note of an appropriate statement concerning the state of the Shipment.

3.18. FedEx reserves the right to verify the weight and dimensions of the Shipment, and in the event of a discrepancy with the declared weight or dimensions adjust the price of the Service in accordance with the Price List.

Items not acceptable for transportation

3.19. FedEx shall not provide the Service with respect but not limited to amongst others:

  1. Shipments that contain dangerous items or such that might cause damage to people or property, including in particular: explosive, flammable, radioactive, caustic, odorous materials, weapons or munitions,
  2. Shipments that contain live plants and animals,
  3. Shipments that contain corpses, human or animal remains,
  4. Shipments that have, on the packaging or in a visible place, contents that infringe values protected by the law,
  5. Shipments that, due to their properties, prevent performance of the Service with the use of the means and transportation devices available to FedEx,
  6. Shipments that contain works of art, antiques, precious stones and metals in any form, cash, transferable shares, certificates and any saleable securities,
  7. Shipments the transport of which is prohibited under the provisions of the applicable law,
  8. Shipments in packaging that might contaminate or otherwise damage other Shipments,
  9. Shipments made of glass and fragile, as well as such that contain glass elements,
  10. Shipments the declared value of which exceeds the limit of the insurance company or gives rise to doubts as to consistency between the contents and the declared value.
  11. Shipments of animal origin products within the meaning of Commission Regulation (EC) No 136/2004.

3.20. A detailed list of items excluded from the provided Service can be found on the website www.fedex.com/pl.

3.21. Services which concern Shipments that contain temperature sensitive materials or are for other reasons prone to go bad or are explicitly excluded from transport under the Rules or other regulations of FedEx may be performed only on condition that the Employer takes the full risk related to the performance of the Service.

3.22. Before acceptance of a Shipment for performance of the Service, FedEx may demand that the Sender opens it to check whether the shipment corresponds to the declarations of the Employer included in the Consignment Note and to verify adequacy of the cushioning inside the packaging. In the event of the Sender's refusal to open a Shipment, FedEx may refuse to perform the Service.

3.23. Sending a Shipment of a value exceeding PLN 2,500 shall require FedEx’s consent.

3.24. The conditions of the carriage of dangerous goods are contained in the Shipping Dangerous Goods Policy. The Employer that intends to send dangerous goods is required to report the type of dangerous goods by filling out a form “Declaration of dangerous goods in domestic dealings”. FedEx does not provide services towards the dangerous goods without prior arrangements and written consent. In the event of detecting breach of this provision, FedEx :

  1. reserves the right to withdraw from the provision of Services;
  2. reserves the right to charge the Employer with a fine of five times the amount of the Remuneration. Payment of the penalty does not deprive FedEx of the right to claim damages in excess of the amount on general principles;
  3. reserves the right to charge the Employer with the costs of disposing of Shipments containing dangerous goods or the cost of dedicated transport organized by FedEx;
  4. reserves the right to charge the Sender with the costs of disposing of waste resulting from damage to Shipments containing undeclared dangerous goods;
  5. reserves the right to charge the Employer with the costs associated with damage to other Shipments;
  6. does not offer a return service for undeclared Shipments containing dangerous goods that have been damaged. FedEx allows for the collection of undeclared Shipments which were identified by FedEx, but not later than within the next 24 hours of Employer’s notification;

Collect on Deliver (COD) Shipment

3.25. FedEx provides a service with collection on delivery (COD) that consists in collecting from the Recipient during the Delivery of the amount identified in the Consignment Note in favour of the Employer. The payment of the amount by the Recipient shall be the condition for handing over the Shipment.

3.26. The Collected Payment shall be entered in the relevant field on the Consignment Note and shall be expressed in Polish zloties. The collected about may not exceed the limits defined by the law. Identification in the Consignment Note of the bank account, to which the amounts collected from the Recipient shall be transferred, shall be a prerequisite for the performance of the COD service.

3.27. The collected amount shall be transferred to the identified account within 5 working days.

3.28. The collected amount identified in the Consignment Note shall not be identical to the declaration of the value of the shipment or the insurance amount.

4. FEDEX’S REMUNERATION

4.1. For the provided Services, FedEx shall be due remuneration resulting from the valid Price List, payable in advance.

4.2. FedEx shall issue a VAT invoice for a performed Service.

4.3. FedEx reserves the right to make a deduction as defined in Article 498 of the Civil Code of the amount of due Remuneration also from the collected amount.

5. FEDEX’S LIABILITY

5.1 Failure to perform or improper performance of a Service concerning a Courier Shipment, or loss of a Shipments within performance of a Service concerning a Courier Shipment, FedEx shall be liable according to the following principles:

  1. a Service concerning a Courier Shipment shall be considered not performed when it has been lost, whereas a Courier Shipment shall be considered lost when it cannot be delivered within 30 days of the date of dispatching,
  2. a Service concerning a Courier Shipment shall be considered improperly performed when there occurred:
    1. delay with respect to Delivery Time;
    2. pilferage concerning the Courier Shipment
    3. damage of the Courier Shipments.
  3. In respect of failure to perform or improper performance of a Service concerning a Courier Shipment, the following compensation shall be due:
    1. for loss, pilferage or damage of a Courier Shipment, which is not a shipment with correspondence, in an amount not higher than the normal value of the lost or damaged items;
    2. for loss, pilferage or damage of a Courier Shipment with a declared content, in the amount requested by the sender, but not higher than the declared value of the Courier Shipment;
    3. for loss of a Courier Shipment with correspondence in the amount equal to ten times the fee for the Service but not lower than fifty times the charges for handling a letter as registered, specified in the price list of services common in the domestic dealings of the appointed operator.
    4. for the delay in delivery of a Courier Shipment with respect to the guaranteed delivery time, in an amount not exceeding twice the charge for the Service.
  4. If the failure to perform or improper performance of a Service concerning a Courier Shipment:
    1. resulted from a tortious act;
    2. was due to willful misconduct of FedEx;
    3. is the result of gross negligence of FedEx

FedEx shall be liable for damage to the Courier Shipment pursuant to the Civil Code to the full extent of the damage.

5.2. For loss, pilferage or damage of the Shipment caused after its pickup for transport until handing it over and for delay in the transport of the Shipment in the case of a Service, which does not concern a Courier Shipment, FedEx shall be liable on the principles and within the limits provided for in the Transportation Law.

5.3. In the event of entrusting a subcontractor with the performance of the Service, FedEx shall not be liable for the actions and omissions of the subcontractor not related directly to the performance of the Service or not undertaken in order to perform it, in particular tortious and illegal acts.

5.4. FedEx shall not be liable for the Shipment in the case of:

  1. Dispatching a Shipment inadequately prepared or packed for carriage;
  2. Dispatching a Shipment, which is not a Courier Shipment, excluded from the provision of Services;
  3. Dispatching a Shipment which, due to its properties, requires application of special logistic procedures without notifying FedEx thereof;
  4. Causes attributable to the Employer, the Sender or the Recipient, not brought about through fault of FedEx, or related to the properties of the goods or in the event of force majeure;
  5. Violation of the Rules or other regulations identified in point 1.1 hereof or the legal regulations by the Employer, the Sender or the Recipient;

5.5. FedEx shall not be liable for indirect damage or lost benefits (not applicable to consumers).

5.6. FedEx shall not be liable for damage caused to the packaging of the Shipment, its cushioning, palette, etc. (not applicable to consumers).

5.7. FedEx shall be responsible for the collected amount from the moment of signing its reception from the Recipient and for the amount identified in the Consignment Note.

5.8. FedEx's liability for the Shipment shall expire with the collection of a Shipment without reservations, with the exception of imperceptible damage, in which case the right to claim shall expire after 7 days of the Delivery.

5.9. In the case of insurance of the Shipment, the insurance company shall be the first obliged to compensate for the damage and FedEx shall have the right to address the insurance company in the first place to liquidate the damage (not applicable to consumers).

Damage Report

5.10. In the case of the occurrence of damage or delay in Delivery, a report shall be drawn up and it shall be signed by the Employer or the Recipient and the FedEx representative. The report shall be drawn up immediately on FedEx's form and shall contain the date and time of drawing up, the date and time of Delivery and shall contain a description of the damage and the state of the Shipment, as well as information on the packaging of the Shipment. The report shall be drawn up immediately after Delivery or, in the case of imperceptible damage, within 7 days of the date of Delivery.

6. INSURANCE OF THE SHIPMENT

6.1. Depending on the declared value of the Shipment, FedEx shall insure it at the cost of the Employer up to the declared value as indicated in the Consignment Note.

6.2. FedEx reserves the right to verify the declared value of the Shipment.

6.3. In the event that the field “insurance value” of the Consignment Note contains no amount, FedEx shall set and the Employer shall accept and confirm that the value of the shipment does not exceed PLN 50.00, and shall authorize FedEx to assume that PLN 50 is the declared value of the Shipment and to insure it for up to that amount (not applicable to consumers).

6.4. The insurance policy concluded between FedEx and the insurance institution shall be located in FedEx's seat. An extract from the policy may be made available for inspection on the Employer's request or after Delivery to the Recipient.

7. COMPLAINTS

7.1. Any claims related to provision of the Services should be submitted in writing or by means of electronic mail (to the address poland@fedex.com) or to the protocol in a Branch within the deadlines set by the Postal Law or the Transportation Law respectively (“Complaints”).

7.2. FedEx shall consider Complaints submitted in writing (or by email), made to the protocol and containing a full set of documents. A Complaint shall include:

  1. Date of complaint,
  2. First name and surname, name or company name and address for correspondence of the complainant,
  3. Number of the consignment note,
  4. The Consignment Note
  5. Damage Report
  6. Justification, as precise as possible, describing the factual state,
  7. Amount of compensation in the event that the complainant demands compensation,
  8. Documents indicating and justifying the amount of claim (receipt, VAT invoice, etc.)
  9. Number of the bank account, to which FedEx should transfer the compensation in the event of acceptance of the Complaint,
  10. Signature of the complainant (except email reports),
  11. In the event of waiver of the claim by the Employer in favour of the Recipient: statement of waiver of the right to assert claims.

7.3. To avoid doubt, FedEx informs that a report of failure to perform or improper performance of a Service which does not contain a compensation demand shall also be considered as a Complaint.

7.4. If a Complaint fails to meet the formal requirements described above, FedEx shall call the complainant to remove the deficiencies within 14 days of the date of delivery of the call. For the time of removal of the deficiencies, the running of the deadlines of the Complaint shall be withheld. In the event of failure to remove the deficiencies, the Complaint shall be left unconsidered, about which FedEx shall inform in writing or by email.

7.5. A Complaint reported by an unauthorised person, that is other than the Employer or the Recipient, shall be treated as not submitted, about which FedEx shall immediately notify, informing about the possibility to submit a complaint by an authorised person.

7.6. FedEx, within 14 days of reception of a Complaint:

  1. shall respond to the complaint or
  2. shall inform the complainant that it is impossible to respond to the Complaint within 14 days of the date of reception, providing the reason and the date when it will respond to the Complaint, which shall not be later than 30 days of the date of reporting the Complaint.

7.7. FedEx shall send a response to the Complaint in writing or by means of electronic mail, which shall contain:

  1. The name of FedEx,
  2. Reference to the legal basis;
  3. Decision with justification;
  4. In the event of awarding compensation – the amount of compensation and information on the way and date of its payment, not later than within 30 days;
  5. in the event of a refund - determination of the amount and information on the date and payment method;
  6. Instruction on the right to appeal and indication of the address to which the appeal shall be sent,
  7. Instruction on the right to institute a court proceeding under the civil law,
  8. Signature of the authorized employee of FedEx with identification of his or her position.

7.8. Submission of a Complaint shall not entitle to a deduction of any amounts claimed under the complaint procedure from the current, past or future amounts due to FedEx (not applicable to consumers).

8. PERSONAL DATA

8.1. Making personal data, as defined in section 3.2. letters a), b) and c), available by the Employer is required for the performance of the Service, which results from the provisions of Article 38 of the Transportation Law or the content of the agreement on the provision of postal services, pursuant to Article 3 of the Postal Law.

8.2. The Employer agrees for the provision of personal data defined in section 3.2. letters a), b) and c) to business entities comprised in the FedEx Corporation, operating in the European Economic Area and the United States of America. The submitted personal data shall be processed for the purpose of concluding a transportation agreement, performance of the Service and settlement of the performance.

8.3. Provided personal data shall be subject to protection in line with the Act of 29 August 1997 on personal data protection (Journal of Laws of 2002, No. 101, item 926 as amended) and the Directive of the European Parliament No. 95/46/EC of 24 November 1995. The administrator of personal data is FedEx Express Polska Sp. z o.o. with its registered office in Warsaw at ul. Krucza 16/22.

8.4. Persons whose personal data was entrusted to FedEx have the right to access the content of their data, apply for their updating, rectification and complete or temporary suspension of their processing, in line with the provisions of Article 32.1 of the Act of 29 August 1997 on personal data protection (Journal of Laws of 2002, No. 101, item 926 as amended).