Notice of Forwarding Agent’s Conditions and Terms of Trade

A. In this Notice :

(a) “Customer” means a person who engages Diamond Freight to forward Goods;

(b) “Dangerous Goods” means such of the Goods as shall be in fact or at law noxious, dangerous, hazardous, explosive, radioactive, inflammable or capable by their nature of causing damage or injury to other goods or to any persons.

(c) “Declaration” means the declaration to be provided by the Customer in accordance with clause 6(a).

(d) “Diamond Freight” means DIAMOND FREIGHT SERVICES PTY LTD (A.C.N. 098 435 959) of Factory 4, 41-43 Allied Drive, Tullamarine in the State of Victoria;

(e) “Goods” means any item of personal property that is movable and that is accepted by Diamond Freight for forwarding in accordance with these Terms and Conditions.

(f) “Notice” means this notice, including any schedules or annexures to this notice.

B. Unless the contrary intention appears in this Notice :

(a) Words importing the singular include the plural and vice versa and words importing a gender include all genders; and

(b) If an expression is defined, another part of speech and grammatical form of the expression shall have a corresponding meaning.

CONDITIONS :

1. To the extent necessary the Definitions are incorporated in this Notice.

2. Diamond Freight only receives goods for forwarding on the Terms and Conditions set out in this Notice that are taken to be incorporated in any contract made between Diamond Freight and the Customer.

Forwarding agents not carriers

3. Diamond Freight is a forwarding agent and not a carrier.

Liability

4. Diamond Freight is liable only for damage to Goods:

(a) Caused by wilful neglect or default whilst Goods are in the actual custody of Diamond Freight’s employees and for no other neglect or default or other matter or thing whatsoever or howsoever arising; and

(b) Any such liability is limited to:

(i) The commercial value as specified in the Declaration; or

(ii) Such sum as is calculated at the rate of $US20.00 per kilogram (or part thereof)

Whichever is the lesser.

5. Without limiting the operation of clause 4:

(a) Diamond Freight is not responsible for:

(i) Any accident or for any act, neglect or default howsoever arising whether wilful or otherwise on the part of its agents or those with whom it contracts in respect of the Goods to be forwarded, whether they are carriers by land, sea or air (whether shipowners, lightermen, canal, railway or aircraft operators or others) or warehouse keepers or other persons; or

(ii) Any money paid or remitted by it on behalf of the Customer to any person in respect of the Goods to be forwarded, whether for the purpose of paying duties or charges in respect of the Goods or otherwise.

All the general and special exemptions stated in this Notice apply although the particular rates or charges made by Diamond Freight to the Customer or other person forwarding the Goods may not be identical with the amounts paid by it to such agents, contractors or other persons.

(b) Diamond Freight only forwards Goods subject to the contracts, terms, conditions and regulations of the various persons, companies or authorities into whose possession the Goods may pass.

(c) The Customer of the Goods acknowledges that those various persons, companies or authorities may exclude or limit their own liability to the extent allowed by law to both Diamond Freight and to the Customer.

(d) Diamond Freight is not responsible for any loss or damage arising to the Goods where its agents or the carriers or others in whose possession the Goods were at the time of such loss or damage occurring not responsible.

(e) Goods of a fragile nature, such as glass, china, statuary, precious metals or pictures, and Goods of a perishable nature, such as plants, foodstuffs or provisions, and special Goods such as live animals, are only forwarded at the Customer’s risk.

Dangerous Goods

6. Dangerous Goods are not accepted for forwarding except by special agreement. Any person who otherwise than in pursuance of such an agreement causes or attempts to cause Diamond Freight to forward any such Goods is liable and accountable for all damage arising from those Goods whether to the property of Diamond Freight or to any other Goods being forwarded by Diamond Freight or to any other property or for personal injury caused to or sustained by any person.

7. The Customer must comply with the rules that are mandatory according to the National Law or by reason of International Convention, relating to the carriage of Goods of a dangerous nature, and must in any case:

(a) Inform Diamond Freight in writing of the exact nature of the danger, before Goods of a dangerous nature are taken in charge by Diamond Freight and, if need be, indicate precisely the precautions to be taken.

(b) If the Customer fails to provide such information and Diamond Freight is unaware of the dangerous nature of the goods and necessary precautions to be taken and, if, at the time, they are deemed to be a hazard to life or property, they may at any place be unloaded, destroyed or rendered harmless, as circumstances may require, without compensation, and the Customer shall be liable for all loss, damage, delay or expenses arising out of their being taken in charge, or their carriage, or of any services incidental thereto.

(c) If any Goods shipped with the knowledge of the Customer as to their dangerous nature shall become a danger to the vessel, vehicle or cargo, they may in like manner be unloaded or landed at any place or destroyed or rendered innocuous by Diamond Freight, without liability.

Declaration form etc

8. The Customer:

(a) Must fill up and deliver to Diamond Freight or its agents a declaration in writing showing particulars of Goods, values, weights and any other information the form requires to be completed.

(b) Undertakes to pay all lawful and customary charges in case the consignee or receiver of the Goods declines to receive the Goods (whether lawfully or unlawfully) or refuses or is unable to pay the charges on the Goods for any reason.

(c) Warrants that they are the owners or authorised agents of the owners of the Goods and that all particulars filled in on any declaration form are correct and are in compliance with any laws concerning the transportation of Goods.

Rates

9. The:

(a) Rates published by Diamond Freight are for the transport to all parts of the world of Goods consisting of ordinary merchandise without any special packing or storage requirements;

(b) Quotations, if any, are only valid and may only be accepted by the Customer within 30 days of being given;

(c) Export rates are quoted in Australian Dollars unless specifically indicated otherwise;

(d) Import rates:

(i) Unless specifically indicated otherwise, are quoted in the currency of the country imported from or, at Diamond Freight's discretion, in US Dollars;

(ii) Are quoted in good faith and are believed by Diamond Freight to be accurate on the date upon which they are given;

(iii) Where accompanied by (Diamond Freight's calculation of the equivalent amount expressed in Australian Dollars is an estimation only that is given in good faith but is not intended to be relied upon by the Customer.

(e) Conversion estimations, Port Service Charges and Terminal Handling Fees may include services fees carried out by Diamond Freight;

(f) All rates are subject to change with or without notice from Diamond Freight in accordance with currency fluctuations;

(g) Diamond Freight undertakes the collection of the Customer's "Freight Collect" charges at a commission of 3.5% and the Customer acknowledges and agrees that this commission for collection is payable by the Customer unless otherwise arranged and shall be deducted by Diamond Freight from the proceeds of the collection as and when settlement is made after receipt of agent's advice of payment.

(h) Customer is responsible for the payment of any increase in rates, freights, premiums or other charges which may be imposed after the commencement of the transit;

(i) Customer acknowledges and agrees that works of art and other Goods of high value; Goods out of all proportion in bulk to their weight such as bicycles, perambulators, feathers, bamboo furniture or hollow glass; and special Goods such as live animals, are charged at special rates; and

(j) Customer acknowledges and agrees that customs duties, local taxes and charges and porterage and local delivery expenses are additional to the rates for carriage unless otherwise stated. All rates and charges when payable abroad are liable to be slightly increased due to exchange rate movements in the price of carriage and other services associated with the transport and customs clearance of the Goods and other factors beyond the control of Diamond Freight.

Method of charging

10. Unless a special agreement is made as to the rate of carriage Diamond Freight has the option of charging by value weight or measurement.

Trading Terms

11. All Diamond Freight charges are due and payable fourteen days from the date of Invoice ("the Due Date").

12. Interest calculated from the Due Date at the interest rate from time to time prescribed under Section 2 of the Penalty Interest Rates Act 1983 will be charged upon all amounts outstanding beyond 60 days from the Due Date.

Route etc

13. Subject to any agreement made with or direction given by the Customer, Diamond Freight is entitled to use its own discretion as to the route and means of transmission and as to the making of any declaration of value or interest for the purpose of any bill of lading or other document of title or for any other purpose.

Power to sell Goods not declared

14. The Customer acknowledges and agrees that:

(a) Any perishable Goods which are refused by a consignee or which for any reason outside the control of Diamond Freight or its employees or agents cannot be delivered to the consignee in due time may be sold without notice to the Customer who is liable for any costs or charges incurred in excess of the proceeds if any;

(b) Diamond Freight’s determination whether the Goods are perishable or not binds the Customer and may be made at any time;

(c) Any Goods other than perishable Goods which are refused by a consignee or which for any reason outside the control of Diamond Freight or its employees or agents cannot be delivered to the consignee in reasonable time may be sold or otherwise disposed of if:

(i) Diamond Freight has sent notice by post, or by electronic mail or any other form of communication known to be used by the Customer, to the Customer at the Customer’s last known address informing the Customer of the non-delivery of the Goods and requesting instructions of the Customer as to the disposal of the Goods; and

(ii) If Diamond Freight has not within 48 hours of sending such notice received such instructions:

(d) The Customer is liable for the costs and charges of carrying out such instructions or, in a case where the Goods are sold under the foregoing power, for any costs and charges in excess of the sale proceeds if any; and

15. The Customer acknowledges and agrees that:

(a) Diamond Freight is duly authorised to execute all such further documents and deeds and do all such acts and things as shall be reasonable and necessary to completely effectuate the sale of the Goods; and

(b) Diamond Freight’s powers of sale under clauses 14(a) and 14(c):

(i) Do not create a trust for sale; and

(ii) May be exercised by Diamond Freight at such price and upon such terms and conditions as may, in Diamond Freight’s absolute and uncontrolled discretion, be the most advantageous and reasonably obtainable;

(c) No action, suit or demand may be brought or made against Diamond Freight with respect to any loss or damage occasioned by the exercise of any discretion or power hereby or by law conferred or by any alleged failure to exercise any such discretion or power.

Liens

16. The Customer acknowledges and agrees that all Goods received by Diamond Freight or its agents are held by them subject to a general lien and right of detention for money due to Diamond Freight whether in respect of the forwarding of those or other Goods or for other charges or costs payable by the owner of the Goods;

17. The Customer acknowledges and agrees that if the general lien is not satisfied within a reasonable time from the day when the Goods are first received, the Goods will be sold by auction or private treaty and the proceeds of sale applied to satisfy the lien and expenses.

Insurance

18.

(a) The Customer acknowledges and agrees that Diamond Freight only effects insurances on the conditions and exceptions agreed by it with the underwriters or insurers insuring the risk.

(b) In cases where Diamond Freight agrees to insure it shall not be bound to affect any separate insurance but may declare the Goods upon any open or general policy.

(c) The Customer acknowledges and agrees that the Customer has no right of recourse against Diamond Freight in respect of any claims under or in connection with any insurance effected by Diamond Freight on the Customer’s behalf.

GENERAL

19. In this Notice, unless the contrary intention appears:

(a) A reference to an individual or person includes a partnership, body corporate, government authority or agency and vice versa.

(b) A schedule, annexure or description of the parties forms part of this Notice.

(c) Headings and the provision of a table of contents (if any) are for convenience only and do not affect the interpretation of this Notice.

TERMS :

20. Shipping Line fees may vary from time to time due to Fuel, Security & Peak Seasons.

21. Free domicile available upon request (clearance and delivery charges).

22. All “COD” customers must make payment in full upon receipt of their goods.

23. The chargeable weight is the actual gross weight or the volumetric weight whichever is the greater i.e. L x W x H=cm3 divided by 6000 = volumetric kilos or 167 m3.

24. Additional Customs clearance charges may apply to any customs inspection or quarantine that may be required.

25. Customs Duties and Taxes and GST Disbursements must be paid in full on collection or delivery of goods. If applicable, these will be charged to the receiver.

26. Consolidation rates are not applicable to the following;

Human Remains, Perishables, Dangerous Goods, Valuables, Livestock, Oversized cargo/main deck freight.

27. All storage fees are payable by the Customer. Airfreight storage charges commence 48 hours after flight arrival at destination and are charged out based on a per kilo per day rate. Sea freight storage charges commence from a specified date after arrival and are calculated by the unpack depot or shipping line.

28. The Customer will be liable for any detention charges that may apply.

29. Demurrage charges for late returns of containers will be billed to our Customer’s account. To avoid charges, container must be returned within 7 days of availability.

30. Weekend Pick-up Fees will apply at the rate of $150.00 per pick-up.

31. The Customer acknowledges that it is their own responsibility to take out insurance if required for the cost of goods in transit. However, if specified by the Customer, Diamond Freight can source insurance prior to the shipment departure.

32. Diamond Freight complies with airline and shipping lines trading terms and conditions of carriage. Copies can be made available upon request.

33. On Import freight collect shipments; a currency adjustment of 5% will apply.

34. All quotes are inclusive of GST unless stated otherwise.

35. Overtime charges may apply to work processed out of usual business trading hours (9.00 a.m. to 5.00 p.m. Monday to Friday).

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