Terms & Conditions of Service

1. Basis of Handling

a) Except when the Company issues its own bill of lading and receives freight charges as its compensation, Customer is the shipper. Unless the Company expressly handles the goods, loss, damage, expense or delay occurs during such activity; the Company assumes no liability as a carrier and is not to be held responsible for any loss, damage, expense, or delay to the goods occurring at any time. Even if such loss occurs within paragraph 8 and subject to the limitations of paragraph 9 below, but undertakes only to use reasonable care while in its custody, selecting carriers, truckers, agents, warehousemen and others to whom it may entrust the goods for transportation, cartage, handling and/or delivery and/or storage, or otherwise.

b) Selecting Agents and Carriers. The Company is authorized to select carriers, freight forwarders, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others when necessary to transport and/or store and deliver the goods, all of whom shall be independent contractors and not the servants, employees or agents of the Company. The goods may be entrusted to such agencies subject to all conditions as limitations of liability, whether printed, stamped, or written, or to tariff rates at carrier's regular rates. The Company is relieved of all liability for any loss, damage, delay, expense or detention caused by the acts or defaults of such carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others.

2. Freight Charges and Title Documents

a) Where the Company carries, customs clears or otherwise physically handles goods to or from the Customer, the Company has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation and delivery of the goods. Advice by the Company to the Customer that a particular person or firm has been selected to render services with respect to the goods shall not be construed to mean that the Company warrants or represents that such person or firm will render those services.

b) The Company shall not be obligated to incur any expense, undertaking, or commitment in connection with the shipment except forwarding, transporting, insuring, storing or cooperating of the goods, unless the same is previously provided to the Company by the Customer on demand.

3. Quotations Not Binding

Quotations as to fees, rates of duty, freight charges, insurance premiums or other charges given by the Company are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon the Company unless the Company in writing specifically undertakes the handling or transportation at a specified rate.

4. Furnish Information

On an import at a reasonable time prior to entering of the goods for U.S. Customs entry, the Customer shall furnish to the Company invoices in proper form and other documents which may be necessary for entering such goods. While the Company shall use such further information as may be sufficient to establish, inter alia, the dutiable value, the classification, the country of origin, the genuineness of the merchandise and any mark or symbol required by U.S. laws or regulations, the Company shall not be responsible for any act, omission, default, or any delay in performance by any other warehouse where the goods are stored, any carrier or any other person or firm performing any of the services contemplated hereunder.

5. Payment Terms

a) The Company shall have a general lien on any and all property (and documents relating thereto) of the Customer, in its possession, custody or control or en route, for all claims for charges, expenses or advances incurred by the Company in connection with any shipments of the Customer and if such claim remains unsatisfied for thirty (30) days after demand for payment is made, the Company may sell at public or private sale, upon five (5) days written notice sent by registered mail, to the Customer, the goods ware and/or merchandise, or so much thereof as may be necessary to satisfy such lien.

b) The compensation of the Company for its services shall be payable in cash on or before delivery of the shipment to the carrier at the port of exportation without any deduction in respect of any claim for offset. Shipper/Customer (importer and exporter) is responsible for knowing and complying with the marking requirements of the U.S. Customs Services, the regulations of the U.S. Food and Drug Administration, and all other government entities having regulatory authority over the packaging and labeling of the merchandise.

6. Indemnity Against Liability

The Customer agrees to indemnify and hold the Company harmless from any claims or liability arising from the importation or exportation of such cargo. The Company's liability is limited to the exercise of reasonable care in the selection of third parties. The Customer indemnifies and holds harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to attorney fees, which the Company may incur, suffer or be required to pay arising out of any claims or suits by any person, firm, corporation or other party.

7. Loss, Damage or Expense Due to Delay

Unless the services to be performed by the Company are to be solely as the shipper's agent on the ocean freight bill of lading or other bill of lading, the Company shall not be responsible for any loss, damage or expense incurred by the Customer because of such delay. In the event the Company is at fault, its responsibility and liability is limited in accordance with the provisions of paragraphs 8 and 9.

8. Construction of Terms and Venue

The foregoing terms and conditions shall be construed according to the laws of the State of New Jersey. Unless otherwise consented to in writing by the Company, no legal proceeding against the Company may be instituted except in the courts of the State of New Jersey or the City of Elizabeth in the County of New Jersey.