1.0 Definitions:

“Company” means (Detrain International Logistics Pty Ltd – ABN 72 607 033 081).

“Consequential Loss” means indirect or consequential loss or damage however caused, including without limitation any loss of (or anticipated loss of) use, production, revenue, income, profits, business and savings or business interruption,whether or not the indirect or consequential loss ordamage was foreseeable or foreseen; and any liability of a person to any other person, or any claim brought against the person by any other person,and any other costs or expenses in connection with theliability or claim.

“Customer” means the person with whom this Contract is made.

“Dangerous Goods” means cargo which is volatile or explosive or which is or may become dangerous, inflammable or offensive (including radioactive materials) or which may become liable to damage any person or property whatsoever.

“Goods” means the cargo accepted by the Company together with any container, packaging or pallet(s) supplied by or on behalf of the Customer.

“GST” means the goods and services tax imposed by or under a GST Law.

“GST Law” means the same as in the A New Tax System (Goods and Services Tax) Act 1999.

“GST Rate” means the rate of GST under the GST Law.

“Insolvency Event” means any circumstance in which the Customer is unable to pay any amounts that have become due and payable and includes liquidation, official management, administration, compromise arrangement, merger, amalgamation, reconstruction, winding up, dissolution, deregistration, assignment for the benefit of creditors, scheme, composition or arrangement with creditors, insolvency, bankruptcy, or a similar procedure or, where applicable, changes in the constitution of any partnership or person, or death.

“Invoice” means the tax invoice under the GST Law.

“Personal Property Securities Act or PPSA” means the Personal Property Securities Act 2009 (Cth).

“Services” mean the whole of the operations undertaken by the Company in respect of the Goods.

“Subcontractor” includes any other person who pursuant to a contract or arrangement with any otherperson (whether or not the Company) provides or agrees to provide the Services or any part of the Services.

“Supply” means the same as in the GST Law.

“Taxable Supply” means any Supply under these Conditions in respect of which the Company is or may become liable to pay GST.

2.0 Provision of Services

2.1 All services are provided by the Company as agents only, except in the following circumstances where the Company acts as principal:

(a) where the Company performs any carriage, handling or storage of Goods, but only to the extent that the carriage is performed by the Company itself or its servants and the Goods are in the actual custody and control of the Company, or

(b) where, prior to the commencement of the carriage of Goods, the Customer in writing demands from the Company particulars of the identity, services or charges of persons instructed by the Company to perform part or all of the carriage, and the Company fails to give the particulars demanded within 28 days. However, for the purposes of this subclause, the Company shall only be deemed to be contracting as a principal in respect of that part of the carriage which the Company fails to give the particulars demanded.; or

(c) to the extent that the Company expressly agrees in writing to act as a principal, or

(d) to the extent that the Company is held by a court of law to have acted as a principal.

2.2 Without prejudice to the generality of clause 2.1

(a) the charging by the Company of a fixed price for any services whatsoever shall not in itself determine or be evidence that the Company is acting as an agent or a principal in respect of those services.

(b) the supplying by the Company of its own or leased equipment shall not in itself determine or be evidence that the Company is acting as agent or a principal in respect of any carriage, handling or storage of Goods;

(c) the Company acts as an agent where the Company procures a bill of lading, sea or air waybill or other document evidencing a contract of carriage between a person, other than the Company, and the Customer or Owner;

(d) the Company acts as an agent and never as a principal when providing services as a Customs Broker in respect of or relating to customs requirements, taxes, licenses, consular documents, certificates of origin, inspection, certificates and other similar services or when obtaining insurances for or on behalf of the Customer or relating to the Goods (other than where by law the Company is deemed to be an agent of the insurer) or when providing any other services whatsoever for or on behalf of the Customer.

2.3 The Company is not a common carrier and will accept no liability as such and it reserves the right to accept or refuse the carriage of any Goods or any other Service at its discretion. All Services are performed subject only to these Conditions (and when applicable but subject to clause 21.6, the conditions on any Bill of Lading or Air Waybill issued by the Company as Principal).

3.0 Customer Obligations

3.1 The Customer warrants that it is either the owner or the authorised agent of the person or persons owning or having any interest in the Goods or any part of the Goods and enters into this Contract on its own behalf oras authorised agent of that person or those persons. Further the Customer undertakes to indemnify theCompany in respect of any liability whatsoever and howsoever arising (including without limiting theforegoing from negligence or breach of contract or wilful act or default of the Company or others) in
connection with the provision of the Services and/or the Goods to any person (other than the Customer)who claims to have, who has or may hereafter have any interest in the Goods or any part of the Goods.

3.2 The Customer warrants that it has complied with all laws and regulations relating to the nature, condition,packaging, handling, storage and carriage of the Goods and that the Goods are packed to withstand theordinary risks of handling, storage and carriage, having regard to their nature and indemnifies the Companyfor all liability and for all costs incurred as a result of or arising out of a breach of this warranty. Furtherthe Customer shall provide to the Company all such assistance, information and documentation that may benecessary to enable the Company to comply with such laws and regulations.

3.3 The customer, and the senders, owners and consignees of any goods and their agents, if any, shall be deemed to be bound by and to warrant the accuracy of alldescriptions, values, dimensions, weights and other particulars furnished to the Company for customs, consular, road transport and other purposes and shall jointlyand severally indemnify the Company against all losses, damages, expenses and fines arising from any inaccuracy or omission, even if such inaccuracy or omissionis not due to any negligence, wilful act or omission.

3.4 Where necessary, the Company may act as agent for the Customer, enabling the Company to enter into such contracts or make such declarations to provide services as agreed by the Customer’s formal engagement with the Company. The Customer agrees to indemnify the Company from all liability arising from acting as agent for the Customer during the course of the provision of services.

4.0 Quotations

4.1 All quotations provided by the company unless otherwise specifically stated are valid for 7 days or unless the quotation is withdrawn, by way of written notification, from the customer prior to acceptance.

4.2 In the event that changes occur to rates, should the company wish to amend their own rates with respect to customs, insurance, freight, storage or any other costs in relation to the movement of cargo they may do so by way of formal notification to the customer without their consent.

5.0 Freedom of Execution

5.1 Subject to express instructions in writing given by the customer and by the Company, the Company reserves to itself complete freedom of choice of means route and procedure to be followed in the handling and transportation of goods. If in the Company’s opinion it is necessary or desirable in the customer’s interests todepart from any express instructions, the Company shall be at liberty to do so.

5.2 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.

6.0 Dangerous Goods

6.1 The Customer shall not tender for the provision of Services by the Company any Dangerous Goodswithout presenting to the Company a full description disclosing their nature and in any event theCustomer shall be liable for all death, bodily injury, loss and/or damage thereby caused and shallindemnify the Company for such liability.

6.2 If, in the opinion of the Company, the Goods are or are liable to become of a dangerous,inflammable, explosive, volatile, offensive or a damaging nature, they may at any time be destroyed,disposed of or abandoned or rendered harmless by the Company without compensation to and at thecost of the Customer.

7.0 Brokerage

All customs and/or excise duties, costs, fines or penalties which the Company becomes liable to pay for anyreason whatsoever in respect of the Goods and any documentation relating to the Goods pursuant to anyapplicable laws or regulations (whether or not resulting from or arising out of the negligence of theCompany) shall be paid by the Customer.

8.0 Insurance

8.1 No insurance shall be effected except upon express instructions given in writing by the Customer and ineffecting any such insurances, the Company shall be deemed to be an agent only of the Customer (other thanwhere by law the Company is deemed to be an agent of the insurer) and not as an insurer, insurance broker orother form of intermediary.

8.2 All insurances effected by the Company are effect as agent only for the Customer (other than where by lawthe Company is deemed to be an agent of the insurer) and all such insurances are subject to the usualexceptions and conditions of the policies of the insurance company or underwriters taking the risk.

8.3 Unless agreed in writing, the Company shall not be under any obligation to effect a separate insurance oneach consignment but may declare it on any open or general policy.

8.4 The Company is an agent only of the Customer in respect of the effecting of insurance (other than whereby law the Company is deemed to be an agent of the insurer) and in any event should the insurers dispute theirliability for any reason the insured shall have recourse against the insurers only and the Company shall not beunder any responsibility or liability whatsoever in relation thereto, notwithstanding that the premium upon thepolicy may not be at the same rate as that charged by the Company or paid to the Company by the customer.

9.0 Invoicing

9.1 The Customer shall pay to the Company in cash, or as agreed, all sums immediately when due withoutdeduction or deferment on account of any claim, counterclaim or setoff.

9.2 When the Company is instructed to collect freight, duties, charges or other expenses from any person otherthan the Customer, the Customer:

(a) shall remain responsible for these amounts; and

(b) shall pay these amounts to the Company on demand where these amounts have become due and have not
been paid by such other person.

9.3 On all accounts overdue to the Company, the Company shall be entitled to liquidated damages, suchliquidated damages to be calculated at 4 per cent above the base interest rate of the Company’s bankapplicable during the periods that such amounts are overdue.

9.4 The Customer shall be liable for and pay to the Company any additional costs or expenses the Companymay incur and for any loss or damage occasioned either directly or indirectly to the Company as a result of the Company relying upon the description and particulars provided by the Customer or by reason of any illegal,incorrect or insufficient marking, numbering or addressing of the Goods.

10.0 Deterioration or Damage of Goods

10.1 The Goods are at the risk of the Customer and not of the Company and the Company shall not beresponsible in tort or contract or bailment or otherwise for any, and the consequences of any, loss of ordamage to or deterioration of the Goods or misdelivery or failure to deliver or delay in delivery of the Goods including chilled, frozen, refrigerated or perishable Goods either in transit or in storage or failure toprovide or delay in providing the Services for any reason whatsoever including without limiting theforegoing the negligence or breach of contract or wilful act or default of the Company or others or the conversion or misappropriation of the Goods by the Company’s servants, agents or Subcontractors. ThisClause shall apply to all, and the consequences of all, such loss of or damage to or deterioration of theGoods or misdelivery or failure to deliver or delay in delivery of the Goods or failure to provide or delay inproviding the Services whether or not the same occurs in the course of performance by or on behalf of theCompany of the Contract or in events which are in the contemplation of the Company and/or the Customeror in events which are foreseeable by them or either of them or in events which could constitute afundamental breach or a breach of a fundamental term of the Contract.

11.0 Liability

11.1 The customer shall indemnify the Company against any claim, liability or expense which arises as a result of delay in loading or unloading of the customer’s goods, or any waiting time, detention or demurrage for any truck or any other conveyance whatsoever

11.2 The Company shall not be liable for: i. loss or damage to goods unless under exclusive control of the Company at the time of loss or damage, or the damage or loss is a result of the willful neglect of the company. ii. Any delay in delivery or failure to deliver resulting in consequential loss.

11.3 Where any handling, installation, removal, assembly or erection of any kind whatsoever is required to beundertaken by the Company, the Company shall not be liable for any death, injury, loss or damage whichmay result from or arise out of what the Company undertakes. Further the Customer shall indemnify theCompany in respect of any such liability whether or not that liability arises from negligence or breach ofcontract or wilful act or default of the Company or the Company’s servants, agents or Subcontractors.

11.4 Unless a Convention or law limiting the Company’s liability to a greater amount compulsorily applies, liability of the Company arising out of any one incident whether or not there has been any declaration of value of the goods, for breach of warranty implied into these terms and conditions by the Australian Consumer Law or howsoever arising, is limited to any of the following as determined by the Company i. the supplying of the services again; or ii. the payment of the cost of having the services supplied again; or iii 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.

11.5 For the purposes of this clause the word “package” shall include the contents within that “package” for the purpose of calculating any limitation of liability, even if separate particulars have been provided or incorporated in any document of the Company.

11.6 The company shall be discharged of all liability unless suit is brought in the proper forum in writing and is received by the Company within six months of delivery of cargo the subject of the suit.

11.7 Notwithstanding anything herein contained, any Australian Consumer Law Guarantees that apply to theServices are not excluded. To the extent permitted by law, the liability of the Company for breach of anAustralian Consumer Law Guarantee is limited to the payment of the cost of having the relevant Servicessupplied again.

12.0 Subcontractors

12.1 The Customer authorises the Company and any Subcontractor to subcontract on any terms the wholeor part of the provision of the Services.

12.2 The Customer undertakes that no claim or allegation shall be made, whether by the Customer or any other person who
is or who may subsequently be interested in the provision of the Services and/or in theGoods, against any person (other than the Company) by whom (whether it is a Subcontractor,principal, employer, servant, agent or otherwise) the Services or any part of the Services areor is provided which imposes or attempts to impose upon such person any liabilitywhatsoever and howsoever arising (including without limiting the foregoing from negligenceor breach of contract or wilful act or default of the Company or others) in connection withthe provision of the Services and/or the Goods and if such claim or allegation shouldnevertheless be made to indemnify the Company and the person against whom such claim orallegation is made against the consequences of such claim or allegation. For the purpose ofthis Clause 12.2, the Company is or shall be deemed to be acting as agent or trustee on behalfof and for the benefit of all such persons and each of them and all such persons and each ofthem shall to this extent be or be deemed to be parties to this Contract; and

12.3 The customer undertakes to indemnify the Company against any claim or allegation made against it by any person inconnection with any liability, arising out of or relating to the provision of the Services and/orthe Goods.

13.0 Duty

13.1 The Company is not an advisor with respect to duty declarations and any information provided by the Company with respect to classification, tariff rates and the like is in general nature only. The customer agrees to independently verify any such information provided by the company.

14.0 Method of Carriage

14.1 In the case of carriage by sea, the value will not be declared or inserted in the Bill of Lading for the purpose of extending the Ship owners’ liability under the Carriage of Goods by Sea Act 1991 except upon express instructions given in writing by the customer.

14.2 In the case of carriage by air, no optional declaration of value to increase the Air Carrier’s liability under the Civil Aviation (Carrier’s Liability) Act 1959 will be made except upon express instructions given in writing by the customer.

14.3 In all other cases where there is a choice of tariff rates according to the extent of the liability assumed by carriers, warehousemen or others no declaration of value (where optional) will be made for the purposes of extending liability and goods will be forwarded or dealt on the basis of minimum charges unless express instructions in writing to the contrary are given by the customer.

15.0 Payment of Monies

15.1 Instructions to collect payment on delivery (COD) in cash or otherwise are accepted by the Company upon the condition that the Company in the matter of such collection will be liable for the exercise of due care and skill only.

15.2 All goods and documents relating to goods shall be subject to a particular and general lien for monies due either in respect of such goods or any particular or general balance of other monies due from the customer, the sender, owner or consignee 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 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 proceeds applied in or towards satisfaction of such particular and general lien. The customer agrees and acknowledges the Company is entitled in its discretion to register its particular and general lien as a security interest on the register established under the Personal Property Securities Act 2009 (Cth) and the Company has provided consideration for that security interest, by delivery of its promises under this agreement.

16.0 Custody of Goods

16.1 From the time the Company, or its servants or agents, receive the Goods into its custody, the Goods and allof the Customer’s present and future rights in relation to the Goods and any documents relating to thoseGoods, are subject to a continuing security interest in favour of the Company for the payment of all theamounts owed for freight, demurrage, container detention charges, duty, fines, penalties, salvage, average ofany kind whatsoever and without limitation and for any at all debts, charges, expenses or any other sumsdue and owing by the Customer or the Customer’s principals, servants or agents. Further, the continuingsecurity interest shall cover all the costs and expenses of exercising the lien, including the costs of a publicor private sale or auction, including legal and administration costs.

16.2 For the purpose of these trading conditions the Company shall be deemed to have custody and possession ofthe Goods whether the Goods are in the actual physical custody and possession of the Company or anysubcontractors, servants or agents, and whether or not the Company is in possession of any documents oftitle relating to the Goods. The Customer and the Company agree that the Company has possession of theGoods within the meaning of section 24 of the Personal Properties Securities Act 2009 even if the Goodsare in possession of the Company’s subcontractor’s servants or agents.

16.3 Pending Forwarding and delivery of goods, may be stored or held at a warehouse at the Company’s sole discretion at the risk and expense of the customer.

17.0 Indemnity

17.1 In addition to and without prejudice to the foregoing the customer undertakes that it shall in any event indemnify the Company against all loss, damage, liability, claim, cost, expense, penalty or fine 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 including containers.

17.2 Without prejudice to any other condition, 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 owner and/or consignee of the goods.

18.0 Insolvency

18.1 The Customer will immediately inform the Company if an Insolvency Event occurs with respect to theCustomer. The Customer shall not change its name or other details without first notifying the Company inwriting with at least 14 days notice before such change takes effect

19.0 Survival

19.1 All the rights, immunities and exemptions from liability in these terms and conditions shall continue to have their full force and affect in all circumstances and not withstanding any breach of this contract or of any of these terms and conditions by the Company or any other person entitled to the benefit of such provisions and irrespective of whether such may constitute a fundamental breach of contract or a breach of a fundamental term.

20.0 GST

20.1 This Clause 31 applies if the Company is or may become liable to pay GST in relation to any Supplyunder these Conditions.

20.2 Unless otherwise stated, all charges quoted are exclusive of GST. In addition to such charges, theCustomer must pay GST on the Taxable Supply to the Company of an amount equal to the GSTexclusive consideration multiplied by the GST Rate. GST shall be payable by the Customer withoutany deduction or set off for any other amount at the same time as the GST exclusive consideration ispayable. In all other respects, GST shall be payable by the Customer to the Company upon the samebasis as the GST exclusive consideration is payable by the Customer under these Conditions.

20.3 The Company must issue an Invoice or Invoices to the Customer for the amount of GST referrable tothe Taxable Supply. The Company must include in any such Invoice such particulars as are requiredby the GST Law in order that the Customer may obtain an input tax credit for the amount of GSTpayable on the Taxable Supply.

20.4 If any part of the consideration is referrable to both a Taxable Supply and anything that is not aTaxable Supply, the amount of GST payable by the Customer shall be determined by the Companyand shall be the same amount of GST that would be payable if the Taxable Supply were the onlySupply made to the Customer.

20.5 If the Customer makes default in the payment on the due date of any amount payable pursuant toClause 20.3 then without prejudice to any other remedies of the Company, the Customer shall payto the Company upon demand an amount equal to the amount of any damages or interest oradditional GST that may become payable by the Company arising out of the default of the Customer.

21.0 Governing State

21.1 These Conditions shall be governed by and construed in accordance with the laws of the State or Territory in which this Contract was made.