1 i

1 i) All business undertaken, including any advice, information or service provided whether gratuitously or not by ALPHATRANS INT’L FORWARDING INC. and/or ALPHATRANS INT’L EXPRESS INC. (herein called, "the Company") is transacted subject to the Conditions hereinafter set out. Each Condition shall be deemed to be incorporated in and to be a Condition of any agreement between the Company and its Customers. "Customers" shall mean and include the shipper, the consignor, the consignee, the holder of the bill of lading the receiver and the owner of the goods. The Company is not a common carrier and only deals with goods pursuant to the terms and conditions hereof, and no Agent or Employee of the Company has the Company’s authority to alter or vary these Conditions. Variations must be in writing under the proper hand seal of the proper Company Officers.
ii) If any legislation is compulsorily applicable to any business undertaken, these Conditions shall as regards such business be read as subject to such legislation and nothing in these Conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation. If any part of these Conditions be repugnant to such legislation to any extent, such part shall be void to that extent, but no further.
2 Customers entering into transactions of any kind with the Company expressly warrant that they are either the Owners or the authorized Agents of the Owners of any goods to which this transaction relates and further warrant that they are authorized to accept and are accepting these Conditions not only for themselves but also as Agents for and on behalf of all other persons who are or may thereafter become interested in the goods and the Agent has full authority to bind their principal.
3 Any instructions or business accepted by the Company may in the absolute discretion of the Company be fulfilled by the Company itself, by its own servants performing part or all of the relevant services or by the Company employing or instructing or entrusting the goods to others on such conditions as such others may stipulate to perform part or all the services, and the Company shall not have any greater liability than the liability expressed to be had by any other intervening parties.
4 Subject to express instructions in writing given by the Customer, the Company reserves to itself absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of goods. Further, if, in the opinion of the Company, it is at any stage necessary or desirable to depart from those instructions, the Company shall be at liberty to do so, and the Company shall not incur any additional liability in consequence of so doing.
5 Pending forwarding or delivery, goods may be warehoused or otherwise held at any place at the sole discretion of the Company and the cost thereof shall be for the account of the Customer. Provided the Company handles the goods with the same care as a careful and diligent owner of goods would exercise in the custody of his own goods in similar circumstances, the Company shall not have any liability whatsoever for loss or damage occasioned to the goods while the goods are being warehoused.
6 Except where the Company is instructed in writing to pack the goods the Customer warrants that all goods have been properly and sufficiently packed and/or prepared, and the Company accepts no liability for goods which are damaged as a result of improper or insufficient packing or preparation, no matter how the damage is caused.
7 Prior to the release of any goods, the Company is entitled to retain and to be paid all brokerage, commissions, allowances and other remunerations. The Company may take all steps to protect the goods and its interests therein in connection with the protection of monies owed to the Company.
8 Quotations are given on the basis of immediate acceptance and are subject to withdrawal or revision. All quotations are advisory only and subject to revision as a consequence of, but not limited to fluctuations in exchange rates, changes in tariff rates, insurance premiums or any other charges which may be levied against goods tendered for carriage, as well as the actual weight, dimensions and correct description for tariff purposes, which factors can only be determined upon receipt of the merchandise ready for shipment.
9 The Customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for Customs, Consular and other purposes and he undertakes to indemnify the Company against all losses, damages, expenses and fines whatsoever arising from any inaccuracy or omission, even if such inaccuracy or omission is not due to any negligence. It is the duty of the Customer to ensure that all descriptions, values and particulars are correct, and unless such descriptions, values, etc., are furnished in writing to the Company, the Company has no liability for any omission or inaccuracy. The Customer and its Agent (if any) will indemnify and pay the Company for any loss or damage suffered by the Company which is caused by such omission or inaccuracy.
10 The Customer shall be liable for any duties, taxes, imposts, levies, deposits or outlays of any kind levied by the authorities at any port or place for or in connection with the goods and for any payments, storage, demur-rage, fines, expenses, loss or damage whatsoever incurred or sustained by the Company in connection therewith.
11 When goods are accepted or dealt with upon instructions to collect freight, duties, charges, or other expenses from the Consignee or any other person the Customer shall remain responsible to the Company for the same if they are not paid by such Consignee or other immediately when due.
12 Customer is responsible for arranging all insurance on its goods and acknowledges that the Company carries no insurance covering Customer’s goods and assumes no responsibility for arranging any such insurance unless such is specifically contracted in writing with the Company and in such event, any such insurance arranged is subjected to the usual exceptions and conditions of the policies of the Insurance Company or Underwriter taking the risk. If the Company contracts to arrange insurance, the Company shall not be under any obligation to effect separate insurance on each consignment but may declare it on any general policy. Should the insurer dispute liability for any reason, the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability whatsoever in relation thereto notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by the Customer.
13 i) The Company shall not be responsible for any loss, damage or delay in delivery of goods if it is proven that the loss, damage or delay in delivery occurred whilst the goods were in the actual custody of the Company and under its actual control and that such loss, damage or delay in delivery resulted from an act or omission on the part of the Company.
14 i) Where the provision of Clause 1.ii) above do not apply, when the Company is liable for compensation in respect of loss of or damage to the goods, such compensation shall be calculated by reference to the value of such goods at the place and time they are delivered to the Consignee in accordance with the contract or should have been so delivered.
ii) The value of the goods shall be fixed according to the current commodity exchange price, or if there be no such price, according to the current market exchange price, or, if there be no current commodity exchange price or current market price, by reference of the normal value of goods of the same kind & quality.
iii) Compensation shall not, however, exceed 25DR (SDR=Special Drawing Right) units per kilo of gross weight of the goods lost or damaged. Under special arrangements, the Company may accept liability in excess of the limits set out in sub clause (i) and (ii) above upon the Customer agreeing to pay the Company’s additional charges for accepting such increased liability. Details of the Company’s additional charges will be provided upon request.
iv) a) In no circumstances whatsoever shall the Company be liable to the Customer or owner for consequential loss or loss of market however caused.

b) Without prejudice to any other conditions herein or other defences which may be open to the Company, in no circumstances whatsoever shall the Company be liable to the Customer or owner for delay or deviation however caused in a sum in excess of twice the Company’s own charges in respect to the relevant transaction.
15 If the Company acts as principal in respect of a carriage of goods by air, the following notice is hereby given: If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the Convention governs and in most cases limits the liability of carriers in respect of loss of or damage to cargo. Agreed stopping places are those places (other than the places of departure or destination) shown under requested routing and/or those places shown in carriers’ timetables as scheduled stopping places for the route. The address of the first carrier is the airport of departure. 16 Any claim by the Customer or owner against the Company, (except in the case of air carriage to which the Warsaw Convention applies, in which case the claim shall be subject to the provisions or that Convention), shall be made in writing or by fax and notified to the Company as soon as events which may give rise to a claim are known to the Customer or owner of the goods and in any event: i) In case of loss and/or damage to goods within 7 days of end of transit: ii) In case of delay in delivery or non delivery within 28 days of the date when the goods should have been delivered; iii) In any other case within 28 days of the event giving rise to the claim. Any claim not made and notified within the times provided for by Sub-Clause(1)-(iii) herein shall be deemed to be waived and absolutely barred except where the Customer or Owner can show that it was impossible for them to comply with these time limits in which case any claim shall be barred if not made without delay. iv) In the case of the claims for loss or damage, the Company may make an inspection of the shipment. While awaiting such inspection the Customer must hold the relevant package(s) or consignment in the same condition they were in when the loss or damage was discovered insofar as it is possible to do so. v) A claim against the Company will be time-barred unless suit is brought within nine months after delivery of the goods or the date when the goods should have been delivered, whichever is later.
17 i) The Company accepts no responsibility for departure or arrival dates of goods. ii) Where there is a choice of rates according to the extent or degree of the liability assumed by carriers, ware-houseman or others, no declaration of value where optional will be made except under special arrangements: nor shall the Company be under any liability to the Customer by reason of having entered into any contract on behalf of the Customer whereby the extent or degree of the liability assumed by carrier, warehouseman or other party is in any respect excluded or limited save where such contract is entered into contrary to specific instructions given by the Customer and accepted by the Company.
18 Instructions to collect payment on delivery (C.O.D.) in cash or otherwise are "ONLY" accepted by the Company upon condition that the Company will not be liable for loss arising therefrom unless such loss shall be proven to be due to an act or omission on the part of the Company or its own servants.
19 Perishable goods which are not taken up immediately upon arrival or, which are insufficiently addressed or market or otherwise not readily identifiable may be sold or otherwise disposed of without any notice to the Customer and payment or tender of the net proceeds of any sale after deduction of charges and expenses shall be equivalent to delivery. All charges and expenses arising in connection with the sale or disposal of the goods shall be paid by the Customer.
20 The Company shall be entitled to sell or dispose of all non-perishable goods which in the opinion of the Company cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Consignee or any other reason upon giving 21 days notice in writing to the Customer. All charges and expenses arising in connection with the storage and sale or disposal of the goods shall be paid by the Customer.
21 Except under special arrangements previously made in writing the Company will not accept or deal with any noxious, dangerous, hazardous or inflammable explosive goods or any goods likely to cause damage. Should any customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherwise than under special arrangements previously made in writing, he shall be liable for all loss or damage whatsoever caused by or in connection with the goods however arising and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time. If such goods are accepted under arrangements previously made in writing they may nevertheless be so destroyed or otherwise dealt with on account of risk to other goods, property, life or health. The expression "goods likely to cause damage" includes goods likely to harbour or encourage vermin or other pests. The Customer, its Agent and servants are all jointly liable for any breach of the items contained herein.
22 Except under special arrangements previously made in writing the Company will not accept or deal with bullion, coin , precious stones, jewellery, valuables, antiques, pictures, livestock or plants. Should any customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods otherwise than under special arrangements previously made in writing, the Company shall be under no liability whatsoever for or in connection with the goods however caused and notwithstanding that the value may be shown, declared or indicated on any documents accompanying the shipment.
23 The Company shall have the right to enforce any liability of the Customer under these Conditions or to recover any sums to be paid by the Customer under these Conditions not only against or from the Customer but also if it thinks fit against or from the sender and/or consignee and/or owner of the goods. All sums shall be paid to the Company in cash immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counterclaim or set-off.
24 All goods (and documents relating to goods) shall be subject to a particular and general lien and right of detention in favour of the Company for monies due in respect of such goods, or for any particular or general balance or other monies due from the Customer or the sender, consignee or owner to the Company. If any monies due to the Company are not paid within one calendar month after notice has been given to the person from whom the monies are due that such goods are being detained, they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such person, and the net proceeds applied in or towards satisfaction of such indebtedness and the Company will not be liable for any deficiencies or reduction in value received on the sale of the goods nor will the Customer be relieved from the liability merely because the goods have been sold.
25 In addition to and without prejudice to the foregoing Condition the Customer and his Agent jointly and severally, undertake that they shall in any event indemnify the Company against all liabilities whatsoever suffered or incurred by the Company arising directly or indirectly from or in connection with the Customer’s instructions or their implementation and in particular the Customer shall indemnify the Company in respect of any liability whatsoever it may undertake to any servant, Agent or sub-contractor or any haulier, carrier, warehouseman or other person whatsoever at any time involved with the goods arising out of any claim made directly or indirectly against any such party by the Customer or by any sender, consignee or owner of the goods or any person interested in the goods or by any other person whatsoever.
26 All agreements and Contracts made between the Company and its Customers shall be governed by the law applicable to Contracts made within the legal jurisdiction in which the office of the Company which entered into the Agreement or Contract is located.

August 1, 2002