Dear (enter client name)

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1 Dear (enter client name) Thank you for choosing DAZMAC for the transport of your. In order to ensure a safe and smooth transport of your vessel, we kindly ask your attention to the following: PLEASE TICK THE BOXES ONCE COMPLETED 1. Contracts for transportation Enclosed you will find the Terms and Conditions which are subject to the carriage of your yacht. Please carefully review these documents and sign the Booking Note, initial the first three pages of the Terms and Conditions and sign and date the last page of the Terms and Conditions. The signed Booking Note and the four pages of the Terms and Conditions must be returned at least three weeks before the expected loading date. It is very important that you return the signed contracts as we need to reserve the allocated space for your yacht on board the ocean vessel. 2. Insurance This has been completed We would like to draw your attention to the issue of insurance. In Clause 7 of the Terms and Conditions, it is expressly stipulated that the Yacht Owner (you) shall maintain adequate transportation insurance throughout the ocean carriage. As a special service DAZMAC is able to assist you in arranging adequate standard cargo/transport insurance for your yacht to cover all major risks. 3. Yacht description This has been completed We kindly ask you to accurately advise a complete drawing and specifications and return with the signed contracts. Please note that the information given by you in this checklist is of vital importance for having your yacht carried on board the ocean vessel in a safe and expeditious manner. The preparations for loading and stowing your yacht will be based upon this information. For example, in order for us to choose a cradle fitted for use with your yacht, it is important that you provide us with an upto-date general arrangement plan of your yacht (including drawings and photographs). Such a plan should clearly indicate the overall length of the yacht, including pulpit, swim platform etc., in order to ensure the allocation of sufficient space on board the ocean vessel. We also need to know the weight of the yacht prior to loading. In this respect, we would like to draw your attention to Clause 5 of the Terms and Conditions. Please be sure the yacht is clearly marked to indicate the yacht s center of gravity and the positions for placing the slings for the lifting of the yacht. 4. Customs This has been completed The formalities for exporting and importing your yacht between different countries are primarily your responsibility. However, to assist you in this as much as possible, we will need to receive from you, in addition to the signed contracts and checklist, the following documents:

2 a) A copy of the registration papers of your yacht. b) A certificate of ownership (e.g. copy of the purchase invoice). It is very likely that the Customs formalities will not have been completed when your yacht is discharged. You are therefore not allowed to sail your yacht until you have been authorized to do so. You risk a very large Customs fine in the event that you sail your yacht without having obtained authorization by a Customs Officer and from the ocean vessel s agents. Please ensure that contraband, firearms, etc. are not present on board the yacht. Please refer to Clause 6: Condition of the Yacht. This has been completed 5. Miscellaneous We would like to know in advance if you will be present during the loading of your yacht and whether you will bring your yacht alongside the ocean vessel yourself. Please note that loading is a difficult matter and can therefore take a long time even though you might have arrived early in the morning. In case you will not be present during the loading, please advise exactly where you have berthed (i.e. pontoon/berth nr.) your yacht in DAZMAC allocated/approved marina and/or who your contact person is at the place of loading. You should also have an engine start-up manual/procedure ready in your yacht as well as the keys for the engines and a set of spare keys. If keys and/or a starting manual are not present, the yacht owner s account will be charged for costs incurred to tow the yacht from the marina to the ocean vessel. This is necessary regardless of whether or not you bring your yacht alongside the vessel. The reason for this is because of eventual Customs controls or problems that may occur during the transportation. 6. Personally liable I I understand this procedure I confirm that if I have entered this Contract with DAZMAC under a company name that I am the Director of that Company and I agree to be personally liable for any loss suffered by DAZMAC as a result of the Company. I indemnify DAZMAC against all and any costs claims damages and expenses whatsoever and howsoever rising out of the breach or non-performance of the Company of the terms of this Agreement. This guarantee may be enforced against me without DAZMAC first taking action against the Company, or pursuing any other available recourse, and may be enforced despite any neglect or omission to enforce any rights against the Company, or if any of the agreements between the Company and DAZMAC are wholly, or partially unenforceable, or if the Company goes into liquidation. I understand and agree Signed: Full Name: Date:

3 TERMS AND CONDITIONS Clause 1: Definitions "Agreement" means the Booking Note and these Terms and Conditions collectively. "Carriage" means the whole or any part of the carriage, loading, unloading, storing, handling and any and all other services whatsoever undertaken by the Carrier in relation to the Yacht. "Carrier / Booking Agent" means. "Freight" includes all charges payable, including dead freight, to the Carrier in accordance with this Booking Note. "Ocean Transport" means the same as Port to Port Shipment. "Package" means the M/Y or S/Y N/A. Uncollected Goods means any Bailed Goods which remain uncollected for a period of 7 days after the Company issues a Notice to Collect "Vessel" means any water borne craft used in the carriage under this Booking Note. "Voyage" means the ocean carriage from port of loading to the port of discharge shown on the Booking Note. "Yacht" means the boat (or other form of watercraft) and its contents being transported. "Yacht Owner" includes an individual, corporation or other legal entity. Clause 2: Scope of Agreement 2.1 It is agreed between DAZMAC and Yacht Owner that the Carrier / Booking Agent will charter space to the Yacht Owner on the deck of said Vessel designated in the attached booking note, or any other vessel that Carrier / Booking Agent may nominate as an alternative at its discretion. 2.2 The Vessel shall, as soon as her prior commitments have been completed, proceed to the loading port listed on the Booking Note, load Yacht under the direction of Carrier / Booking Agent, proceed to discharge port listed on booking note and discharge Yacht under the direction of Carrier / Booking Agent. 2.3 The parties to this agreement fully recognize and understand that the Carriage of the Yacht is not an ordinary commercial shipment made in an ordinary course of trade. The character and condition of the Yacht and the circumstances, terms and conditions under which the Carriage of the Yacht is to be performed reasonably justify this special agreement. 2.4 All carriage under this Booking Note shall have effect subject to the provisions of the BIFA Standard Trading Conditions 2005A. Except as may be otherwise specifically provided herein, this law shall govern before the Yacht is loaded on and after it discharged from the Vessel, whether the Yacht is carried on deck or under deck and throughout the entire time the Yacht is in the custody of the Carrier / Booking Agent.

4 Clause 3: Delivery, Loading and Discharging 3.1 Carrier / Booking Agent, in accordance with International customs law, shall limit its business to the Carriage of said Yacht between loading port and discharging port. Carrier / Booking Agent will not be directly involved with the delivery of Yacht to and from the loading berth or anchorage of the Carrier's / Booking Agent's vessel. 3.2 The Yacht, under the direction of the Carrier / Booking Agent will be brought alongside of the Vessel, free of any risk, liability and expense whatsoever of the Carrier / Booking Agent. The vessel shall be allowed to sail if the Yacht is not brought alongside as required and in time for loading. Yacht Owner, or his agent, consignee, contractor, subcontractor or such other receiver as may be appointed by Yacht Owner, shall take delivery of the Yacht upon discharge as required by Carrier / Booking Agent and within reach of said gear or tackle, the failure of which to do so will entitle the Carrier / Booking Agent to leave the Yacht at place of discharge at the sole expense of Yacht Owner. The Carrier / Booking Agent shall provide the Yacht Owner with decals which the Yacht Owner shall place on the Yacht's hull in such manner to indicate the Yacht's center of gravity and the positions for placement of the slings necessary to lift the Yacht. In the event that the Yacht Owner has failed to provide the information as required by clause 4, the carrier / booking agent shall be entitled to hire a diver at the Yacht Owner's expense to determine the position for placement of the slings to lift the Yacht. The Master of the Vessel shall be entitled, without any obligation, to give instructions regarding loading, lashing, securing and discharging, whose instructions shall be followed by the Yacht Owner at the Yacht Owner's own risk and expense. The Master has the right to appoint a superintendent at Carrier / Booking Agent's expense, said superintendent shall be entitled to supervise loading, lashing and discharge operations. The Yacht to be lashed/unlashed and secured/unsecured as per Master's requirements but always free of any risk, liability, and expense whatsoever to the Carrier / Booking Agent and Master. Any time lost in waiting for loading/discharging, lashing/unlashing, securing/unsecuring shall be at Yacht Owner's sole expense. 3.3 In the event that Yacht Owner, or his agent, consignee, contractor, subcontractor or such other designee is unable, or otherwise unavailable, to bring the Yacht alongside the Vessel for loading in accordance with the terms set forth herein, Carrier / Booking Agent reserves the right to retain a Captain, or other crew as necessary, to facilitate the movement of the Vessel alongside as necessary. If Carrier / Booking Agent exercises this option, Yacht Owner agrees that Carrier / Booking Agent will be free of any risk, liability and expense associated with the performance of such operation. 3.4 Position of the Yacht on board the Vessel will be under the sole discretion of the Master of the Vessel and/or his agents, and Yacht Owner specifically consents to above deck stowage at its own risk. 3.5 Carrier / Booking Agent to supply supports, cradles and/or cribbing as specified by the manufacturer of the Yacht under the expense of the party listed in booking note. 3.6 Loading and Discharging shall always take place at the discretion of the Master of the Vessel and at the expense of the Carrier / Booking Agent unless otherwise indicated in the Booking Note. 3.7 Route and Method - DAZMAC reserves the right to without notice to the Client and in its absolute discretion to in whole or part depart from the Handling agreed, including

5 departing from the customers instructions in any and every respect if, in the opinion of DAZMAC, such is reasonably necessary and/or desirable. Clause 4: Warranty The Yacht Owner warrants that in agreeing to the Terms and Condition hereof he is, or has the authority to contract on behalf of, the Person owning or entitled to possession of the Yacht and this Booking Note. Clause 5: Description of the Yacht 5.1 Yacht Owner upon booking, shall provide Carrier / Booking Agent with an up-to-date description of the Yacht. This means the Carrier / Booking Agent should be aware of any and all changes made to the Yacht that deviate from the original manufacturers specifications. The Yacht Owner is deemed upon booking to have guaranteed to the Carrier / Booking Agent the accuracy at the time of booking of the Yacht's particulars including length, breadth and weight, and the Yacht Owner shall indemnify the Carrier / Booking Agent against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. 5.2 If such information is not provided, Carrier / Booking Agent has the right to suspend its obligation of this agreement without releasing Yacht Owner from his/her obligation under this agreement. 5.3 The Carrier / Booking Agent shall not in anyway be liable for any loss, damages, or expenses resulting from Yacht Owner's misrepresentation in respect hereof. 5.4 Failure to timely disclose information referred in the above paragraph shall (without prejudice to any other rights hereunder)release the Clause 6: Condition of the Yacht 6.1 Yacht Owner shall ensure that prior to loading, the Yacht is properly trimmed in accordance with Carrier / Booking Agent's instructions, and the Yacht is as light as possible, unless Carrier / Booking Agent agrees in writing otherwise. Prior to lifting, Yacht Owner will secure and/or remove any loose items on board the Yacht. 6.2 Yacht Owner agrees to allow any employee and/or agent of the Carrier / Booking Agent to board the Yacht prior to and during the lifting operation for the purpose of a yacht condition report. This is a report that will list the condition of the Yacht prior to commencement of the lifting operation. 6.3 Yacht Owner shall deliver Yacht free of any and all firearms, prescription drugs and illegal substances. Yacht will be inspected prior to departure, and if any contraband is found Yacht will discharge and authorities will be notified. In respect to these aforementioned items Carrier / Booking Agent maintains a zero tolerance policy. 6.4 Under this agreement the Yacht Owner will indemnify, defend and hold harmless the Carrier / Booking Agent against any consequences of failure to comply with the aforementioned policy. 6.5 The Yacht Owner, and or its agent or any other party appointed by Yacht Owner, shall on behalf of the Yacht Owner and at the Yacht Owner's risk and expense supply suitable fittings and staunch supports/cribbings/cradles as necessary for

6 loading, lashing and securing the Yacht. In the event that Yacht Owner is unable to provide staunch supports/cribbings/cradles necessary for the loading, lashing and securing of the Yacht, Carrier / Booking Agent will provide such supports/cribbings/cradles as required and reserves the right to do so at Yacht Owner's expense and risk. The Yacht Owner shall ensure that the Yacht will be properly trimmed in accordance with the Carrier / Booking Agent's and Master's instructions and the Yacht will be as light as possible, unless the Carrier / Booking Agent agrees otherwise. The Yacht Owner warrants that all lashing/mooring points on the Yacht are suitable for lashing and securing the Yacht. Any loose parts on board the Yacht shall be secured for ocean carriage by the Yacht Owner. All supports, cribbings, cradles, and lashing material, etc. are to be discharged from the Vessel. Clause 7: Liability 7.1 Throughout the duration of this agreement, Yacht Owner shall procure and maintain adequate insurance, covering the risks the Yacht Owner has assumed under this agreement. 7.2 The parties agree that the Yacht, her engine(s), masts, anchors, cables, chains, rigging, tackle, apparel, equipment, and furnishings thereto appertaining, and any contents associated therewith tendered by Yacht Owner for shipping shall be considered to be the Package or customary freight unit and that in no event shall Carrier be or become liable for any loss or damage to or in connection with the transportation of the goods shipped by the Yacht Owner in any amount exceeding Euro 300 per Yacht, or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the Yacht Owner before shipment and inserted in the Booking Note. 7.3 In the case where the value of the Yacht has been declared, the quoted freight rate shall be increased by 10% of the declared value. Carrier / Booking Agent will obtain insurance for its own account covering any liability it may incur with respect to loss and damage to the goods shipped by Yacht Owner in the amount of Euro 300 per yacht and shall not in any event be liable for any greater damages, unless Yacht Owner has declared and paid for the declared value. 7.4 Carrier / Booking Agent shall not be responsible for any loss sustained by the Yacht Owner, or its customer, consignee agent or otherwise, through delay in the delivery of the Yacht however caused. In the event Carrier / Booking Agent is nonetheless held liable for delay, such liability shall be limited to a maximum of 5% of the freight paid or payable under the Booking Note. 7.5 Yacht Owner shall further be liable for all expenses (including demurrage) or fines or consequences which are incurred pursuant to this Agreement or by the nature of the Yacht or any contents of the Yacht or leakages or oil spills of the Yacht, as well as for all fines and/or losses which the Carrier / Booking Agent, Vessel or Yacht may incur through non-observance of Customs House and/or import export regulations. Clause 8: Liberties Clause 8.1 The Carrier / Booking Agent may at any time and without notice to the Yacht Owner: (a) Use any means of transport whatsoever;

7 (b) (c) (d) (e) Transfer the Yacht from one conveyance to another including transshipping or carrying the same on a Vessel other than the Vessel named on the booking Note or by any other means of transport whatsoever and even though transshipment or forwarding of the Yacht may not have been contemplated for herein; Sail without pilots, proceed via any route (whether or not the nearest or most direct or customary or advertised route) at any speed and proceed to, return to and stay at any port or place whatsoever (including the Port of Loading herein provided) once or more often, and in any order in or out of the route or in a contrary direction to or beyond the Port of Discharge once or more often; Load and unload the Yacht at any place or port (whether or not any such port is named on the reverse hereof as the Port of Loading or Port of Discharge) and store the Yacht at any such port or place for the account of others than the Yacht Owner from places en route or not en route; Comply with the orders or recommendations given by any government or authority or any Person or body purporting to act as or on behalf of such government or authority or having under the terms of the insurance on any conveyance employed by the Carrier / Booking Agent the right to give orders or directions; 8.2 The liberties set out in this clause may be invoked by the Carrier / Booking Agent for any purpose whatsoever whether or not connected with the Carriage of Goods, including, but not limited to, loading or unloading other yachts, cargo or goods, bunkering or embarking or disembarking any person(s), undergoing repairs and/or dry-docking, towing or being towed, assisting other vessels, making trial trips, and adjusting instruments. 8.3 Anything done or not done in accordance with this clause or arising there from shall be deemed within the contractual Carriage and shall not be a deviation. Clause 9: Unanticipated Circumstances 9.1 In the event of an unanticipated circumstance, such as a change in regulations, orders or directions by underwriters for the vessel operator or owner or governmental authorities, strike, war, warlike operations, terrorist activities, Acts of God, blockades, lockouts, difficulties to enter any port for any reason, or other difficulties or any event that may influence the voyage before loading of the Yacht, Carrier / Booking Agent shall at its sole discretion have the option of cancelling this Booking Note, whereupon any prepaid freight shall be reimbursed to the Yacht Owner and each party shall be released from any obligation under this Booking Note. 9.2 Carrier / Booking Agent shall also have sole discretion to furnish a substitute vessel for the Vessel named in the Booking Note, conditioned upon such substitute vessel being suitable for the contracted transportation. If any unanticipated circumstance as referred to herein may arise after the Yacht has been received by Carrier / Booking Agent for execution of this Booking Note, Carrier / Booking Agent shall have liberty to return the Yacht to the Yacht Owner at the place the Yacht was received or any other convenient place. The Yacht Owner shall be informed of such event as soon as possible and after discharge any party shall be released from any obligation under this Booking Note, except for any non-paid freight, charges or expenses otherwise payable to the Carrier / Booking Agent by Yacht Owner.

8 Clause 10: General 10.1 The Carrier / Booking Agent does not undertake that the Yacht or any documents relating thereto shall arrive or be available at any point or place at any stage during the Carriage or at the Port of Discharge or the Place of Delivery at any particular time or to meet any particular license, permission, sale contract or credit of the Yacht Owner or any market or use of the Yacht and the Carrier / Booking Agent shall under no circumstances whatsoever and howsoever arising be liable for any direct, indirect or consequential loss or damage caused by delay. If the Carrier / Booking Agent should nevertheless be held legally liable for any such direct or indirect or consequential loss or damage caused by such alleged delay, such liability shall in no event exceed a maximum of 5% of the freight paid or payable under the Booking Note Save as is otherwise provided herein, the Carrier / Booking Agent shall under no circumstances be liable for direct or indirect or consequential loss or damage arising from any other cause whatsoever or for loss of profits Once the Yacht has been received by the Carrier / Booking Agent for Carriage the Yacht Owner shall not be entitled neither to impede, delay, suspend or stop or otherwise interfere with the Carrier / Booking Agent s intended manner of performance of the Carriage or the exercise of the liberties conferred by this Agreement nor to instruct or require delivery of the Yacht at other than the Port of Discharge or Place of Delivery named on the Booking Note or such other Port or Place selected by the Carrier / Booking Agent in the exercise of the liberties herein, for any reason whatsoever, including, but not limited to, the exercise of any right of stoppage in transit. The Yacht Owner shall indemnify the Carrier / Booking Agent against all claims, liabilities, loss, damages, costs, delay, attorney s fees and/or expenses caused to the Carrier / Booking Agent, his subcontractors, servants or agents or to any other cargo or to the owner of such cargo during the Carriage arising or resulting from any stoppage (whether temporary or permanent) in the Carriage of Goods whether at the request of Yacht Owner, or in consequence of any breach by the Yacht Owner or in consequence of any dispute whatsoever in respect of the Yacht involving any one or more party defined herein as the Yacht Owner as between themselves or with any third party These Terms and Conditions shall govern the responsibility of the Carrier / Booking Agent in connection with or arising out of the supplying of any equipment related to the lifting or carriage of the Yacht. Clause 11: Freight 11.1 Yacht owner will effect a 50 (fifty) percent down-payment on the freight payable under this Agreement into Carrier / Booking Agent's bank upon execution of this agreement. The remaining 50 (fifty) percent will be due not less than 15 days prior to the departure date indicatedon the Booking Note All payments will be without discount, not subject to return and deemed fully earned upon execution of this agreement by Yacht Owner, regardless of loss of Vessel and/or Yacht. Should the final installment not have been received 10 days prior to the date of departure indicated on the Booking Note, Carrier / Booking Agent to have option to cancel the agreement without prejudice to the Yacht Owner's obligation to pay all sums due hereunder.

9 11.3 Any dues, duties, taxes and charges which under any denomination which may be levied on any basis such as amount of freight, weight or cargo or tonnage of the Yacht shall be paid by the Yacht Owner. The Carrier / Booking Agent shall pay dues, charges and taxes customarily levied on the Vessel, howsoever the amount thereof may be assessed It is understood that the Carrier / Booking Agent will not insure the Yacht or its value Yacht Owner and its customer, consignee, agent, and any other party entitled to possession of the Yacht, shall be jointly and severally liable for payment of freight, dead freight, charges, fines, general average contributions, indemnities, compensations, indemnifications or damages under this Booking Note. Clause 12: Lien The Carrier / Booking Agent shall have a lien on the Yacht and any documents relating thereto for all sums payable to the Carrier / Booking Agent under this Agreement including, but not limited to, freight, dead freight, claims for damages, general average contributions, and salvage towhomsoever due. The Carrier / Booking Agent shall also have a lien against the Yacht Owner on the Yacht and any document relating thereto for all sums due from him to the Carrier / Booking Agent under this Agreement. The Carrier / Booking Agent may exercise its lien at any time or place in its sole discretion, whether the contractual carriage is completed or not. In any event any lien shall extend to cover the costs of recovering any sums due(including attorney s fees), and for that purpose the Carrier / Booking Agent shall have the right to sell the Yacht by public auction or private treaty, without notice to the Yacht Owner. The Carrier / Booking Agent s lien shall survive delivery of the Yacht. Clause 13: New Both to Blame Collision Clause If the Vessel comes into collision with another Vessel as a result of the negligence of the other ship and any act, neglect or default of the master, mariner, pilot or the servants of the Carrier / Booking Agent in the navigation or in the management of the Vessel, the Yacht Owner will indemnify the Carrier / Booking Agent against all loss or liability to the other or non-carrying vessel or her owners insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said goods, paid or payable by the other or non-carrying vessel and her owners to the owners of said goods and set off, recouped, or recovered by the other or non-carrying vessel or her owners as part of their claim against the Vessel or Carrier / Booking Agent. The foregoing provisions shall also apply where the owners, operators, or those in charge of any vessels or objects other than, or in addition to, the colliding ships or objects are at fault in respect to a collision or contact. Clause 14: General Average General average shall be stated and adjusted in Amsterdam, the Netherlands according to the York-Antwerp Rules of 1994 and any subsequent modifications thereof. Yacht owner s contribution to General Average shall be payable even when such average is the result of a fault, neglect or error in navigation or management of the Carrier or the Vessel s master, crew or pilot. Clause 15: New Jason Clause In the event of accident, danger or damage or disaster before or after commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequence of which the Carrier is not held responsible by statute, contract or otherwise, Yacht Owner and/or Yacht shall contribute with the Carrier / Booking Agent

10 and/or Vessel in General Average to the payment of any sacrifices, losses, or expenses of a general average nature that may be made or incurred, and shall pay salvage and special charges incurred in respect of the cargo. If a salving ship is owned or operated by the Carrier / Booking Agent or the Vessel's operators, salvage shall be paid for as fully as if the salving ship(s) belonged to strangers. Such deposit as the Carrier / Booking Agent, vessel or their agents may deem sufficient to cover the estimated contribution of the cargo and any salvage and special charges thereon shall, if required, be made by the Yacht Owner and/or Yacht before delivery. Clause 16: Permits and Licenses The Yacht Owner shall procure all necessary permits, licenses and customs forms as required with respect to the Carriage of the Yacht (loading and discharging the Yacht), including, but not limited to the payment of all duties and fees. The Carrier / Booking Agent may advance these duties and fees at its sole discretion, said advancement not to constitute a waiver of the Carrier / Booking Agent's right to seek reimbursement from Yacht Owner for said advancement. Clause 17: Variation of the Contract No servant of the Carrier / Booking Agent shall have the power to waive or vary any of the Terms and Conditions of this Agreement unless such waiver or variation is in writing and is specifically authorized or ratified in writing by the Carrier / Booking Agent. Clause 18: Jurisdiction and Applicable Law 18.1 This deed is governed by the laws of the state of New South Wales, and the parties, submit to the non-exclusive jurisdiction of the courts of that state. Clause 19: Exemptions and Immunities of Servants and Agents Every servant or agent of the Carrier / Booking Agent shall be entitled to the same rights, exemptions from liability, defenses and immunities to which Carrier / Booking Agent is entitled. Yacht Owner or any other party entitled to possession of the Yacht making such claim shall reimburse Carrier / Booking Agent, any Servant, agent or related party as referred to herein for any amount that is to be paid related to the Carriage of the Yacht and that would have been for the account of the Carrier / Booking Agent if such amount was claimed under the Booking Note. Clause 20: UNCOLLECTED GOODS 20.1 The Customer warrants that it has full and unencumbered title to any Bailed Goods In the event that: (a) (b) The Company gives a Notice to Collect to a Bailor with respect to Bailed Goods and the Bailor fails to collect those goods within the 7 day period specified in that notice; and The Company then gives a Notice of Disposal to a Bailor with respect to the same goods and the Bailor further fails to collect those goods (the Uncollected Goods ) within the 3 month period specified in that notice; then:

11 (c) (d) (e) (f) All of the Bailor s right, title and interest in the Uncollected Goods passes to the Company; The Company may sell, dispose of or otherwise deal with the Uncollected Goods as it sees fit; Any deposits, advance payments or progress payments made by the Bailor to the Company are forfeited by the Bailor to the Company; The Bailor forever releases the Company from any claims, actions, suits or proceedings arising in connection with the Uncollected Goods The Bailor acknowledges that the Company relies upon the warranty in clause 20.1 in exercising its right to sell, dispose or otherwise deal with Uncollected Goods under clause 20.2(d). The Bailor indemnifies the Company for any loss or damage incurred by the Company in connection with the Uncollected Goods, including any breach of the warranty in clause In the event of any inconsistency between these terms and conditions and any laws dealing with uncollected goods, these terms and conditions will prevail to the extent permitted by law The Bailor is liable to the Company, and the Company may charge to the Bailor, the following charges in relation to any Goods or Uncollected Goods: (a) (b) (c) A charge of $70 per square metre per month for storing the Uncollected Goods from the date of the expiration of the 7 day period in the Notice to Collect; An administration charge of $20.00, or such higher amount as may be reasonable, for each item of Bailed Goods; Any expenses of the Company incidental to the sale or such other disposition of the Uncollected Goods under clause 9.2(d) The charges under clause 9.5 are a debt due and payable to the Company Any Goods or Uncollected Goods stored by the Company are at the Bailor s risk. Clause 21: Acceptance 21.1 Any instructions received by the Company from the Customer for the supply of Services shall constitute acceptance of the terms and conditions contained herein Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Company None of the Company s agents, contractors or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Company in writing nor is the Company bound by any such unauthorised statements These terms and conditions are to be read in conjunction with the Company s consignment note, agreement, airway bills, manifests, or any other forms as provided by the Company to the Customer. If there are any inconsistencies between these documents then the terms and conditions contained in this document shall prevail.

12 Clause 22: Company Not Common Carrier 22.1 The Company is not a Common Carrier and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by the Company subject only to these conditions and the Company reserves the right to refuse the carriage or transport of articles for any person corporation or Carrier and the carriage or transport of any class of articles at its discretion. Clause 23: Nomination of Sub-Contractor 23.1 The Customer hereby authorises the Company (if it should think fit to do so) to arrange with a Sub-Contractor for the carriage of any Goods the subject of the contract. Any such arrangement shall be deemed to be ratified by the Customer upon delivery of the said Goods to such Sub-Contractor, who shall thereupon be entitled to the full benefit of these terms and conditions to the same extent as the Company. In so far as it may be necessary to ensure that such Sub-Contractor shall be so entitled the Company shall be deemed to enter into this contract for its own benefit and also as agent for the Sub-Contractor Sub Contractors - DAZMAC shall be entitled, at the absolute discretion of the DAZMAC, to sub contract all or any of the Procurement on such terms and conditions as it sees fit. The Client accepts that any conditions, stipulations and limitations imposed by such sub contractor including contained in but not limited to consignment notes, bills of lading, airway bill, and/or other conditions of carriage shall be deemed a term hereof. In addition, any such sub contractor shall be afforded all the rights, defences, exceptions, exemptions from liability and immunities available under these terms and conditions as if a party to this contract. Clause 24: Method of Transport 24.1 If the Customer instructs the Company to use a particular method of carriage whether by road, rail, sea or air the Company will give priority to the method designated but if that method cannot conveniently be adopted by the Company the Customer shall be deemed to authorise him to carry or have the Goods carried by another method or methods. Clause 25: Route Deviation 25.1 The Customer shall be deemed to authorise any deviation from the usual route or manner of carriage of Goods that may in the absolute discretion of the Company be deemed reasonable or necessary in the circumstances. Clause 26: Delivery 26.1 The Company is authorised to deliver the Goods at the address given to the Company by the Customer for that purpose and it is expressly agreed that the Company shall be taken to have delivered the Goods in accordance with this contract if at that address the Company obtains from any person a receipt or a signed delivery docket for the Goods The Company may deliver the Goods by separate installments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract Unless otherwise expressly agreed in writing no responsibility in tort or contract or otherwise will be accepted by the Company for any loss of or damage to or

13 deterioration of Goods or misdelivery or consequential loss of any kind or failure to deliver or delay in delivery of Goods including chilled, frozen refrigerated or perishable Goods either in transit or in storage for any reason whatsoever. The Company is authorised to deliver the Goods at the address given to the Company by the Customer for that purpose and it is expressly agreed that the Company shall be taken to have delivered the Goods in accordance with this contract if at that address he obtains from any person a receipt or signed delivery docket for the Goods The failure of the Company to deliver shall not entitle either party to treat this contract as repudiated The Company shall not be liable for any loss or damage whatever due to failure by the Company to deliver the Goods (or any of them) promptly or at all. Clause 27: Loss or Damage 27.1 The Company shall be under no liability whatsoever unless; (a) (b) (c) The Customer provides written notice to the Company detailing the alleged damage, and that such written notice shall received by the Company seven (7) days after the delivery of the Goods; or In the case where the Goods have been lost in transit then the Customer shall be required to provide written notice detailing the alleged loss within fourteen (14) days of the date of dispatch of the Goods. Suit is brought in the proper forum and written notice thereof received by the Company within 9 months after the date specified in Clause For the purposes of Clause 27.1, the applicable dates are: (a) (b) (c) In the case of loss or damage to Goods, the date of delivery of the Goods, In the case of delay or non-delivery of the Goods, the date that the Goods should have been delivered, In any other case, the event giving rise to the claim Where the Company contracts as principal for the performance of the Customer s instructions, the Company undertakes to perform, or in its own name to procure, the performance of the Customer s instructions and, subject to the provisions of these Conditions, shall be liable for the loss of or damage to the Goods occurring from the time that the Goods are taken into its charge until the time of delivery Where: (a) (b) The Company contracts as a principal and sub-contracts the performance of the Company s services: and It can be proved that the loss of or damage to or in respect of the Goods arose or was caused whilst the Goods were in the care or custody of the subcontractor: the Company shall have the full benefit of all rights, limitations and exclusions of liability available to the sub-contractor in the contract between the Company and the sub-contractor and in any law, state or regulation and the liability of the Company shall not exceed the amount recovered, if any, by the Company from the sub-contractor.

14 27.5 Notwithstanding other provisions in these Conditions, if it can be proved where the loss of or damage to the Goods occurred, the Company s liability shall be determined by the provisions contained in any international convention or national law, the provisions of which: (a) (b) Cannot be departed from by private contract, to the detriment of the claimant: and Would have applied if the claimant had made a separate and direct contract with the actual provider of the particular service in respect of that service or stage of carriage where the loss or damage occurred and received as evidence thereof any particular document which must be issued if such international convention or national law shall apply Notwithstanding other provisions in these Conditions, if it can be proved that the loss of or damage to the Goods occurred at sea or on inland waterways and the provisions of Clause 27.3 do not apply, the Company s liability shall be determined by the Hague-Visby Rules. Reference in the Hague-Visby Rules to carriage by sea shall be deemed to include reference to carriage by inland waterways and the Hague-Visby Rules shall be construed accordingly Notwithstanding the provisions of Clauses 27.3, 27.4 and 27.5, if the loss of or damage to the Goods occurred at sea or on inland waterways, and the Owner, Charterer or operator of the carrying vessel is entitled to limit its liability at law and establishes a limited fund, the liability of the Company shall be limited to the proportion of such limitation fund as is allocated to the Goods In the event of any inconsistency between these Conditions and the Conditions of any Bill of Lading or Air Waybill issued by or on behalf of the Company as Principal, the conditions of any such Bill of Lading or Air Waybill shall prevail to the extent of such inconsistency but no further. Clause 28: Demurrage 28.1 The Customer will be and remain responsible to the Company for all its proper charges incurred for any reason. A charge may be made by the Company in respect of any delay in excess of thirty (30) minutes in loading or unloading occurring other than from the default of the Company. Such permissible delay period shall commence upon the Company reporting for loading or unloading. Labour to load or unload the vehicle shall be the responsibility and expense of the Customer or Consignee. Clause 29: Dangerous Goods 29.1 The Customer or his authorised agent shall not tender for carriage any explosive, inflammable or otherwise dangerous Goods without presenting a full description of those Goods and in default of so doing shall be liable for all loss and damage cased thereby. Clause 30: Consignment Note 30.1 It is agreed that the person delivering any Goods to the Company for carriage or forwarding is authorised to sign the consignment note for the Customer.

15 Clause 31: Disclaimer 31.1 By entering into any agreement to which these conditions apply, the Customer on his own behalf and as agent of the owner, sender and consignee agrees and further offers to limit the liability of all servants, employees and agents of the Company in respect to the Goods and subject to the agreement to the extent that each such servant, employee and agent shall be protected by and entitled to the full benefit of all provisions in these conditions excluding or restricting tortuous liability of any kind; (a) (b) The offer hereinbefore referred to shall be accepted by the act of each such servant employee or agent in performing any function in relation to or affecting the Goods the subject of the agreement; For the purposes of the foregoing provisions of this clause the Company is and shall be deemed to be acting as agent on behalf of the trustee for the benefit of all persons who are or become its servants, employees or agents from time to time and all such persons shall to this extent be and be deemed to be parties to the agreement concerned In addition to and without prejudice to the foregoing Conditions the Customer undertakes that it shall in any event indemnify the Company against all liabilities suffered or incurred by the Company arising directly or indirectly from or in connection with the Customer s instructions or their implementation or the Goods, and in particular the Customer shall indemnify the Company in respect of any liability it may be under to any servant, agent or subcontractor, or any haulier, Company, 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 by any person interested in the Goods or by any other person whatsoever. Clause 32: Default & Consequences Of Default 32.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Company from and against all the Company s costs and disbursements including on a solicitor and own client basis and in addition all of the Company s nominees costs of collection Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Services to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company exercised its rights under this clause All unpaid charges shall be paid in full and without any offset, counter claim or deduction, in the currency of the place of receipt of the Goods or at the Company s option, in the currency of the place of delivery at the TT selling rate in affect on the day of payment. If the date determined above falls on a day which banks are closed for business, the rate ruling on the next succeeding business day shall govern In the event that:

16 (a) (b) (c) Any money payable to the Company becomes overdue, or in the Company s opinion the Customer will be unable to meet its payments as they fall due, Or; The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors, Or; A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer, then without prejudice to the Customer s other remedies at law; (d) (e) The Company shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies; and All amounts owing to the Company shall, whether or not due for payment, immediately become payable. Payments - Booking deposits will be accepted in AUD. Final payments and accounts will be issued in USD unless otherwise specified. Receipt of shipping deposit will acknowledge your acceptance of terms & conditions in the event that signed quote acceptance is not received.