The customer’s attention is drawn to specific clauses hereof which exclude or limit the Company’s liability and those which require the Customer to indemnify the company in certain circumstances and those which deal with conditions oftime, and those issuing effective goods insurance being clauses 11, 11.1, 11.2, 11.3and 12-15inclusive.

All headings are indicative and do not form part of these conditions

DEFINITIONS AND APPLICATION

1.1 “COMPANY’ means Winfit Cargo UK

1.2 “CUSTOMER” any person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services.

1.3 “AGENT” means, except when the context otherwise requires, any person who has authority, express or implied, to act for or on behalf of the company in relation to the carriage of cargo.

1.4 “AIR WAYBILL” means the document entitled “Air Waybill” made out by or on behalf of Winfit Cargo which evidences the contract between the company or their agents and thecarrier for carriage of cargo.

1.5 “CARGO” (which is equivalent to the term “goods”or “shipment”) means anything carried or to be carried in an aircraft except mail or baggage carried under a passenger ticket and baggage check, but including baggage moving under an air waybill or shipment record.

1.6 “CARRIAGE” (which is equivalent to the term “transportation”) means carriage of cargo by air or by another means of transport, whether gratuitously or for reward.

1.7 “CARRIER” includes the air carrier issuing the air waybill or preserving the shipment record and all carriers that carry or undertake to carry the cargo or to perform any other services related to such air carriage.

1.8 “CONSIGNEE” means the person whose name appears on the air waybill or shipment record as the party to whom the shipment is to be delivered.

1.9 “DAYS” means full calendar days, including Sundays and legal holidays; provided that for purposes of notification the balance of the day upon which the notice is despatched shall not be counted.

1.10 “PERSON” means natural person(s) or any body or bodies corporate

1.11 “OWNER” the Owner of the Goods and any other Person who is or may become interested in them

1.12 “WARSAW CONVENTION” is an international convention which regulates liability for international carriage of persons, luggage, or goods performed by aircraft for reward.

2. The Customer warrants that he is either the Owner or the authorised agent of the Owner and, also, that he is accepting these conditions not only for himself, but also as agent for and on behalf of the Owner.

3. TheCompany shall be entitled to procure any or all of the services as an agent, or, to provide those services as a principal. The Company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any service provided in the course of business undertaken subject to these conditions.

4. When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services.

5. When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorises the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise. The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by, or paid to, freight forwarders.

6. ACCEPTABILITY OF GOODS FOR CARRIAGE

Customer agrees that its Shipment is acceptable for transportation and is deemed unacceptable if: it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), any applicable government department or other relevant organisation; no Customs declaration is made when required by applicable Customs regulations; or the Company decides it cannot transport an item safely or legally. Such items include but are not limited to: animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).Without prejudice to any rights , where the Customer delivers to the Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests, or Goods liable to taint or affect other goods, whether declared to the Company or not, he shall be liable for all loss or damage arising in connection with such Goods, and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Goods may be dealt with in such manner as the Company, or any other person in whose custody they may be at any relevant time, shall think fit. The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these conditions, and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof

7. SHIPMENT CHARGES AND BILLING

Winfit Cargo’s charges are calculated according to the higher of actual or volumetric weight and any Shipmentmay be re-weighed and re-measured by Winfit to confirm this calculation. The Customer shall pay or reimburse Winfit Cargo for all Shipment charges, storage charges, duties and taxes owed for services provided by Air Courier International or incurred by Winfit Cargo on Customer’s or Consignee’s or any third party’s behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 6.

7.1 Should the customer fail to pay for goods in full before they arrive at destination, goods will be put on hold for a period of 30days after which goods shall be sold to recover costs without notice. During the 30 day period goods shall incur a storage charge of £5 in the first week and thereafter £2 per day until goods are collected.

8. DELIVERY OF SHIPMENT Delivery of the shipment will be made only to the consignee named therein, or his agent, or the goods may be collected from the Company’s premises, as per the Customer’s instructions. Delivery cannot be made to P. O. boxes or postal codes. Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer. (B) The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):-(i) after at least 21 days’ notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 60 days and which cannot be delivered as instructed; and (ii) without prior notice, any Goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company, or third parties, or to contravene any applicable laws or regulations

9. RIGHT OF INSPECTION The Company reserves the right to examine the packaging and contents of all shipments without prior notice to the customer.

10. INSURANCE Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on the Goods, but the Customer may insure his goods if he wishes to do so.

11. WINFIT CARGO LIABILITY The Customer contracts Winfit Cargo on the basis that the company is strictly limited to direct loss only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to the Company’s attentionbefore or after acceptance of the Shipment since special risks can be insured by the Customer. If a shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. Winfit Cargo’sliability in respect of any one Shipment transported, without prejudice to Sections11-14, is limited to its actual cash value and shall not exceed the greater of £150 or

11.1 £3.00/kilogram for Shipments transported by air or other non-road mode of transportation(whichever is less)

11.2 Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Customerregards these limits as insufficient it must make its own insurance arrangements, failing which the Customer assumes all risks of loss or damage

11.3 Where other parties/operators (such as shipping lines, airlines or truck operators) are entrusted to complete all or part of the transportation movement and where a combined transport waybill or bill of lading is used, the Customeragrees in turn to accept the operators’ Standard Trading Conditions, which override those set by Winfit Cargo.

12 TIME LIMITS FOR CLAIMS All claims must be submitted in writing to Winfit Cargo within thirty (30) days from the date that Winfit Cargo accepted the Shipment, failing which, Winfit Cargo shall have no liability whatsoever.

13 CIRCUMSTANCES BEYOND WINFIT CARGO’S CONTROL Winfit Cargo is not liable for any loss or damage or loss of income arising out of circumstances beyond its control. These include but are not limited to:-“Act of God” –e.g. earthquake, cyclone, storm, flood, fog; “Force Majeure” –e.g., plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known by Winfit Cargo; riot or civil commotion; any act or omission by a person not employed or contracted by Winfit Cargoe.g. Customer, Consignee, third party, Customs and Exercise or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.

14 THE WARSAW CONVENTION If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits Winfit Cargo’s liability for loss or damage loss of income.

15 CUSTOMER’S WARRANTY AND INDEMNITY Customer shall indemnify and hold Winfit Cargo harmless for any loss or damage arising out of Customer’s failure to comply with any applicable laws or regulations and for Customer’s failure to comply any applicable laws or regulations and for Customer’s breach of the following warranties and representation:-All information provided by Customer or its representatives is complete and accurate; the Shipment was prepared in secure premises by Customer’s employees; Customer employed reliable staff to prepare the Shipment; Customer protected the Shipment against unauthorised interference during preparation, storage and transportation to Winfit Cargo; the Shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; all applicable Customs, import, export and other laws and regulations have been complied with; and the waybill has been signed by Customer’s authorised representative and the terms and Conditions constitute binding and enforceable obligations of Customer.

16 GOVERNING LAW

Any dispute arising under or in any way connected with these Terms and conditions shall be subject, for the benefit of Winfit Cargo, to the non-exclusive jurisdiction of the courts of, and governed by law of, the country of origin of the Shipment and the Customer irrevocably submits to such jurisdiction, unless contrary to the applicable law.