STANDARD TERMS AND CONDITIONS OF CONTRACT

Effective January 2007

Definitions

Carrier means any person, company or entity engaged to carry goods, whether by air, sea or

road.

Company means PJ’s Customs Brokers & Logistics and their nominees, officers, agents, subagents

and employees.

Customer means the entity or person to whom these services are provided and will include all

employees, officers, agents and contractors of the Customer, and any party acting for and on

behalf of the Customer.

Goods means any goods or items which are the subject of services provided by the Company to

the Customer under these Standard Terms and Conditions of Contract or any other agreement.

Government Authority means, without any limitation, all Government Departments with the

responsibility for the export and import of Goods, the collection of revenue on the import and

export of Goods and the transport of these Goods, including (but are not limited to) the

Australian Customs Service, the Australian Quarantine Inspection Service and the Australian

Taxation Office.

Services means the benefits, rights, obligations and performance of work by the Company to

the

Customer.

The Company carries on business as a freight forwarder, customs broker, road transporter and

warehouse operator.

1. These standard conditions apply to all services provided by the Company. The Company

only deals with Goods subject to these conditions which prevail over any other terms

including the Customer’s terms and conditions and any other terms and conditions

contained in any transport document including any bill of lading, air or sea waybill or

consignment note except to the extent provided for in these conditions. The Company is not

a common carrier and accepts no liability as such. The Company may refuse at its sole and

absolute discretion to accept any goods for carriage without giving any reason, and may

return any goods at any time to the Customer.

2. Any instructions received by the Company from the Customer for the supply of services will

constitute acknowledgement by the Customer that it has received, read, understood and

agrees to be bound by the Trading Terms. Such instructions will also constitute

authorisation by the Customer to the Company to act on behalf of the Customer in

accordance with these standard terms and conditions.

3. No modification, amendment or other variation of any Trading Conditions are valid and

binding on the Company unless made in writing and signed by each party. No agent or

employee of the Company has the Company’s authority to alter or vary these conditions.

Customers entering into transactions with the Company expressly warrant that they are

either the owners or the authorised agents of the owners of the goods or property, the

subject matter of the Services. By contracting for the Services the Customer accepts these

conditions for and on behalf of all and any other relevant parties.

STANDARD TERMS AND CONDITIONS OF CONTRACT

Effective January 2007

4. The Company reserves complete freedom to decide the manner, means, route and/or

procedure to be adopted for any or all of the various acts that will be necessary for the

completion of the Services. That discretion may only be varied by instructions delivered by

the Customer to the Company, acknowledged by the Company and if the instructions are

provided to the Company in sufficient time before the performance of any Service to

reasonably allow the Company to adopt the manner of performing the Service required by

the special instructions. If in the Company’s opinion it is necessary or desirable in the

customer’s interests to depart from any express instructions, the Company shall be

at liberty to do so. The Company at its own discretion may warehouse, or hold any Goods

at any place at any time, at the Customer’s risk and expense.

5. Subject to these Trading Conditions, the Company agrees and the Customer authorises the

Company as agent for the Customer to contract with any sub-contractor for the Services,

carriage, movement, transport or storage of the Goods or for the performance of any

ancillary services. Any such contract may be made upon the terms of the contract used by

the sub-contractor and the Customer will be bound by and subject to all exclusions and

other terms and conditions without recourse to or any claim against the Company by reason

of the Company entering into such arrangements.

6. Where there is a choice of charges, by Carriers, warehousemen, stevedores or others

according to the extent of liability assumed by the carriers, warehousemen, stevedores or

others, the Goods will be forwarded or dealt with at the Customer’s risk for minimum

charges, unless express instructions in writing to the contrary are given by the Customer.

7. Quotations are given on the basis of immediate acceptance and may be withdrawn or

revised by the Company at any time prior to acceptance. Unless stated otherwise, all

charges quoted are exclusive of GST. Quotations are valid only for the specified weight and

volume and designated services and standard of services quoted. The Company may

charge by weight, measurement or value and may at any time reweigh, re-measure or

revalue the goods (or request the same) and charge additional fees accordingly.

8. The Customer is responsible for and will pay all duties, taxes, fines, penalties, port storage

and transport charges, insurance costs and all other imports, costs, expenses, losses or

damages, or any other charge incurred relating to the Goods or Services other than those

specifically included in the agreed price.

9. The Company’s charges to the customer including freight are deemed fully earned on receipt

of the Goods by the Company and shall be paid and non-returnable in any event, cargo lost

or not lost or a voyage or flights broken up or abandoned. In the event of any interruption

or abandonment howsoever caused of a voyage or flight at the port or airport of shipment

or elsewhere or at any inland place, any forwarding of the Goods or any part thereof shall

be at the risk and expense of the Customer and the consignors, owners and consignees and

the Company bears no liability in respect of same.

10. Except under special arrangements previously made in writing the Company will not accept

bullion, coins, precious stones, jewellery, valuables, antiques, pictures, livestock or plants

and the Company will not accept any liability whatever for any such Goods except under

special arrangements previously made in writing.

STANDARD TERMS AND CONDITIONS OF CONTRACT

Effective January 2007

11. The Company will have no liability or responsibility by virtue of the fact that there may be a

change in the rates of duty, wharfage, freight, railage or cartage or any other tariff before

or after the performance by the Company by virtue of the fact that a saving may have been

effected in some other way or at some other time, irrespective of whether the performance

is delayed or precipitated through the negligence of the Company or its servants or agents

or however caused. 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 for the same if they are not paid by such consignee or

other person.

12. The Customer consignors, owners and consignees of the Goods and their agents, if any,

shall be jointly and severally liable for any duty, tax, impost, excise, levy, penalty, deposit

or outlay of whatsoever nature levied by any Government Authority at any port or place in

connection with the Goods and for any payments, fines, expenses, loss or damage incurred

or sustained by the Company in connection therewith and shall indemnify the Company, its

servants and agents from all claims by third parties howsoever arising in connection with

the Goods.

13. All amounts due to the Company are payable in the currency in which they were invoiced.

At the option of the Company, amounts may be paid in the currency of the place of delivery

at the applicable exchange rate in effect on the day of payment or if the date of payment

falls on a day which banks are closed for business, the rate ruling on the next business day.

The Customer will be responsible for any loss on account of exchange rate differentials

and/or banking charges.

14. Instructions to collect payment on delivery in cash or otherwise are accepted by the

Company upon the condition that the Company, its agents and servants will exercise

reasonable diligence and care in such collection. If any sums or monies are not paid by the

Customer to the Company, the Customer will pay to the Company, interest at 2% per

month.

15. The Company is entitled to retain and be paid all brokerages, commissions, allowances and

other remunerations customarily retained by or paid to other companies carrying out the

services of the Company including insurance broker whether declared or otherwise, and any

goodwill or intellectual property rights that may be created by the provision of the Services

shall remain and vest with the Company.

16. No insurance will be effected on any Goods except upon express instructions given in writing

by the Customer and the Customer’s written declaration as to the risks which are to be

insured against and the value of the Goods and then only if such insurance is available

through the Company. All insurances effected by the Company are subject to the usual

exceptions and conditions of any relevant insurance policies and on underwriters accepting

the risk. The Company shall not be under any obligation to effect a separate insurance on

each consignment but may declare it on any open or general policy. In the event of any

dispute in regard to liability under such insurance policy, the insured shall have recourse

against the insurers only and the Company shall not be under any responsibility or

liability in relation to any such insurance policy.

STANDARD TERMS AND CONDITIONS OF CONTRACT

Effective January 2007

17. Where any amounts payable under any agreement between the Company and the Customer

are not paid within 7 days of the due date, all amounts due to the Company by the

Customer shall immediately and without further notice become due and payable, and

interest shall accrue thereafter as provided for in clause 14.

18. The Company, its servants or agents will have a special and general lien on all and any

Goods and a right to sell the Goods whether by public or private sale or auction without

notice, for freight, demurrage, container detention charges, duty, fines, penalties, salvage,

average of any kind whatsoever and without limitation including any sum owed on any other

Goods belonging to the same Customer and for any and all debts, charges, expenses or

other sums due and owing by the Customer or the Customer’s principals, servants or

agents. In addition, the lien shall cover the costs and expenses of exercising the lien of

such a sale including legal fees. The lien and rights granted by this clause will survive

delivery of the Goods. The Company is entitled to retain the proceeds of sale of the Goods in

respect of any outstanding amounts referred to in this clause. The Company sells or

otherwise disposes of such Goods as principal and not as agent and is not the trustee of the

power of sale.

19. Unless expressly instructed in writing given by the Customer and accepted by the Company

in writing:

(a) The Company will not make any declaration of value or insert the same in any bill of

lading or other document on behalf of the Customer for the purpose of extending or

preserving the liability of any shipper or Carrier as may be provided by any relevant

statute and/or applicable law; and

(b) In the case of carriage by air, the Company will not make any option or declaration of

value to increase air-Carriers’ liability as may be provided by any relevant statute

and/or applicable law.

20. The Customer (on behalf of itself, the consignor and the consignee) warrants:

(a) it will provide in an accurate and timely fashion all documents, information and

assistance required by the Company to comply with the requirements of any

Government Authority and will retain all documents or records in the manner required

by any Government Authority;

(b) except where the Company is instructed in writing to pack the Goods, that the Goods

are properly and sufficiently packed to withstand ordinary risks of handling storage and

carriage, having regard to their nature and shall comply with all laws and regulations of

any Government Authority relating to the nature, condition, packaging, handling,

storage and carriage of the Goods;

(c) the Goods are not noxious, dangerous, hazardous, inflammable, explosive or likely to

cause damage. The Customer further warrants that the Goods are neither dangerous

nor hazardous for the purposes of the legislation governing cartage by road or rail in

the States and Territories of Australia. The Customer further warrants that the Goods

are not likely to harbour or encourage vermin or other pests;

STANDARD TERMS AND CONDITIONS OF CONTRACT

Effective January 2007

(d) the Goods do not breach any applicable law either in Australia, or any laws in any

country through which the Goods may be carried, loaded or discharged;

(e) the Customer is either the legal owner of the Goods or has authority to arrange their

carriage and to agree to the Services.

21. The Customer acknowledges that a breach or failure to observe one or more of the

warranties above could lead to penalties, claims, damages, costs and expenses to the

Customer and also to the Company and the Customer agrees to provide an indemnity to the

Company for any liability whatsoever which may fall or be levied on the Company by reason

of any breach or any failure by the Customer.

22. The nature of the indemnity provided under clause 21 includes, without limitation, all

penalties, liabilities and damages whatsoever or howsoever arising against the

Company and its officers and employees, together with all legal costs incurred by the

Company (calculated on a solicitor/client basis). This indemnity includes (but is not limited

to):

(a) any and all costs, penalties and/or liabilities to the Company arising from the act or

omission of the Customer which the Company makes on behalf of the Customer to any

Government Authority. Such acts or omissions include (but are not limited to) any

failure by the Customer:

i). to pay any amounts of customs duty, GST and other payments;

ii). to provide information to any Government Authority that is material;

iii). to maintain or provide documents and records in the manner and at the time

contemplated by any Government Authority, or that they be reasonably requested;

iv). to provide information regarding the status of the Goods that is not misleading or

deceptive as defined under the relevant provisions of the Trade Practices Act 1974

(Cth) or any other applicable legislation;

v). to rectify any errors or misrepresentations by the Customer that leads to the

Company being liable for damages as a result of same;

and in any event, the Customer agrees to pay any sum pursuant to the Indemnity within

seven days.

(b) any and all costs and/or liabilities to the Company arising from the Customer’s failure

to return any shipping container or air freight container or transport equipment of any

kind to the relevant shipping line and/or airline and/or transport operator within the

time required by the contract between the Company and the relevant shipping line

and/or airline and/or transport operator who is the supplier and/or owner of that

shipping container or air freight container or transport equipment including (but not

limited to) any damages, shipping container detention or demurrage charges; and

STANDARD TERMS AND CONDITIONS OF CONTRACT

Effective January 2007

(c) any and all costs and/or liabilities to the Company arising from the Customer’s failure

to return any shipping container or air freight container or transport equipment to the

relevant shipping line and/or airline and/or transport operator in the condition required

by the contract between the Company and the relevant shipping line and/or airline

and/or transport operator who is the supplier and/or owner of that shipping container

or air freight container or transport equipment including (but not limited to) any

charges relating to damage sustained to the shipping container or air freight container

or transport equipment, or any cleaning costs that are incurred as a result of the

shipping container or air freight container or transport equipment being returned to the

shipping line and/or airline and/or transport operator in an unclean condition.

23. The indemnity shall continue in force and effect whether or not the Goods have been

pillaged, stolen, lost, damaged or destroyed and shall not be affected in any way if such

pillaging, stealing, loss, damage or destruction has occurred or been brought about

wholly or in part by the negligence or the alleged negligence or any default, omission,

neglect or through any breach of duty of obligation by the Company, its servants or

agents. The

Customer agrees to pay any amounts claimed pursuant to the indemnity under clause 21

within 7 days of written demand by the Company. The Company reserves its right to take

any lawful steps it deems necessary under these Standard Terms and Conditions of Contract

and in law to recover any amounts owed to it by the Customer, together with interest.

24. In the event that the Goods are found to be noxious, dangerous, hazardous, inflammable,

explosive or likely to cause damage, they 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 if they become dangerous to

other goods, property or life, or if there is a reasonable belief that damage is likely to occur.

25. Where the Goods are perishable and are not taken up immediately upon arrival or are

insufficiently or incorrectly addressed or marked or otherwise not identifiable, they may be

sold or otherwise disposed of with or without notice to the Customer, consignor, owner or

consignee of the Goods and payment or tender of the net proceeds of any sale after

deduction of all costs, expenses and charges incurred by the Company in effecting such sale

or disposal will be equivalent to delivery.

26. Non-perishable Goods which cannot be delivered either because they are insufficiently or

incorrectly addressed or marked or otherwise not identifiable or because they are not

collected or accepted by the consignee or the Customer or cannot be delivered due to the

non-surrender of the original bill of lading or failure to make any required payment, may be

sold or returned at the Company’s option at any time after the expiration of 21 days from a

notice in writing sent to the Customer at the address which the Customer gave to the

Company on delivery of the Goods. All costs, charges and expenses incurred by the

Company and arising in connection with the sale or return of the Goods shall be paid by the

Customer and may be deducted from the proceeds of the sale of the Goods. A

communication from the Company or agent to the effect that the Goods cannot be delivered

for any reason will be conclusive evidence of that fact.

27. Where the Company sells or otherwise disposes of such Goods as contemplated in clauses

24, 25 and 26 above, it does so as principal and not as agent and is not the trustee of the

power of sale.

STANDARD TERMS AND CONDITIONS OF CONTRACT

Effective January 2007

28. To the full extent permitted by law, the Company, its servants and/or agents shall not be

responsible for loss or damage of any kind whatsoever arising out of the provision of its

services to the Customer (whether caused by negligence or wilful default by the Company,

its servant or agents). In any event, the Company shall not be liable for any special,

incidental or consequential loss including, but not limited to consequential loss, loss of

profits, income, utility, interest or loss of market whether or not the Company had

knowledge that such damage or loss may have been incurred. The Customer further agrees

to indemnify the Company in respect of any claims made by sub-contractors or third parties

concerning the provision of services by the Company. The following matters are expressly

covered:

(a) any liability concerning the making of any statement, forecast, information or giving

advice in relation to the liability of the Customer to pay any amounts owing to any

Government Authorities;

(b) any liability in respect of the loss, misdelivery, deterioration, non-delivery,

contamination, evaporation or damage to the Goods or consequential loss however

caused;

(c) failure to follow instructions given to it by or on behalf of the Customer whether or not

such failure is wilful;

(d) loss, damage, expense or additional costs arising from or in any way connected with

marks, numbers, brands, contents, quality or description of any Goods;

(e) or loss or damage resulting from fire, water, explosion or theft;

(f) loss, damage or delay occasioned by examination of the Goods by any Government

Authorities;

(g) any costs incurred by the Company on behalf of the Customer to any other person in

relation to the carriage of the Goods; and

(h) loss, damage or delay occasioned by delay in the carriage of the Goods or handling of

the Goods in the course of the carriage of the Goods.

29. The Customer undertakes and warrants that neither it, nor any other party that has an

interest in the Goods, will bring any claims against any party other than the Company that

has provided all or any part of the Services (including any sub-contractor, principal,

employer, employee or agent of the Company). Where any such claims are made by the

Customer or any other interested party, the Customer undertakes to indemnify all such

parties against whom the claims are made (including the Company) against any loss and

damage that may be suffered as a result of such claims. The Customer also undertakes that

it will indemnify the Company against any costs incurred or any losses suffered by the

Company as a result of these claims against any sub-contractor, principal, employer,

employee, servant or agent of the Company.

STANDARD TERMS AND CONDITIONS OF CONTRACT

Effective January 2007

30. Any claim for loss or damage must be notified to the Company within 7 days of any

damages, or the date when the Goods should have been delivered, in writing. The Goods

will be deemed to be delivered as described, unless notice of loss or damage is given to the

Company within three days of delivery of the Goods or of the date upon which the Goods

should have been delivered. In any event, the Company shall be discharged from all

liability in connection with the Service or Goods unless proceedings are commenced and

served within six months from the date of delivery of the Goods (or in the event that no

delivery has occurred, the date on which the Goods should have been delivered).

31. Liability of the Company arising out of any one incident, whether or not there has been any

declaration of value of the Goods, is limited to any of the following:

(a) the re-supplying of the Services; or

(b) the payment of the cost of having the Services supplied again; or

(c) the lesser of A$200.00 for loss of or damage to any such Goods, packages or units or

A$2.00 per kilogram of the gross weight for loss of or damage to any such Goods,

packages or units or A$20.00 per package or unit lost or damaged, whichever is the

lower.

32. For the purposes of this clause the word “package” shall include the contents even if

particulars have been provided or incorporated in any document of the Company.

33. The Company shall not be liable to the Customer for any breach or failure to perform its

obligations under these Standard Conditions resulting from any event of force majeure,

frustration, or any event or occurrence outside the reasonable control of the Company,

including but not limited to strikes, lockout, arrest, restraints of princes, acts of god, acts of

war, attempting to save life or property, and any other dangers, occurrences, without

fault or priority of the company.

34. If the Customer is a company, the Directors and Shareholders of that company will

guarantee all debts and liabilities and agree to indemnify the Company against any such

debts or liabilities, that may arise in connection with these standard conditions, and shall be

bound by these terms.

35. These standard conditions and any collateral agreements made by the Company with the

Customer will be governed by the exclusive laws and jurisdiction of New South Wales.