GENERAL CONDITIONS OF CONTRACT FOR THE ORGANIZATION OF GOODS TRANSPORTATION

The below outline General Conditions are available to our customers in the offices of Aduanas, Logística, Transportes e Intermediación en Unidades de Servicio, S.A. as well as the Website www.altius.es. They’re also registered in the deposit passbook of general conditions of contract in Pontevedra with the predisposing 1, subscript 1.

1. SCOPE OF APPLICATION.-

These general conditions are applied to all forwarding services requested to Aduanas, Logística, Transportes e Intermediación en Unidades de Servicio, S.A. (from now on “Forwarder” and independent to the procedure used to request them (by telephone, by telex/fax, or any other way). Any claim that may arise in relation to a service provided by the forwarder will be ruled by the present general conditions.

2. ACCEPTATION.-

The customer accepts to submit all contracted services with the Forwarder to the present general conditions

3. DEFINITION.-

The Forwarder: “Aduanas, Logística, Transportes e Intermediación en Unidades de Servicio, S.A.” the forwarder activity consists of the organization of goods transportation. To execute this transport it may use all types of and subagents methods of transport who can be hired in name and representation of the customer.

4. GENERAL DUTIES OF THE CUSTOMER.-

4.1.The customer and/or in its case its agents guarantee to the Forwarder the exactness of the goods declaration in reference to its characteristics description, number, weight, volume and units. In any case, the customer will compensate the Forwarder of all loss, damage, breakdowns and expenses in which the Forwarder might incur as a consequence of the inexactitudes in the goods declaration. Additionally, the Forwarder and /or if the case may be, its agents, will be responsible for all loss and damage and expenses derived from inadequate, defective or badly used packaging. The client will also be responsible for the damage and loss originated by the cargo handling services or during the transportation, as well as those due to defective packaging. In this case, the Forwarder reserves the right to reserve any goods as convenient or necessary.

4.3 The customer and /or if the case may be, its agents are obliged to previously inform the Forwarder about the dangerous, explosive or flammable nature of the goods to be transported, stored or manipulated as well as any exceptional precautions that in this case must be observed. In case of a mission or insufficient information, the customer will be responsible for the damages and expenses produced in the goods at loading, storage and manipulation. In this case, the forwarder will be empowered to, previous to the offload, disembark, destroy or neutralize the goods. Neither client nor recipient have any right to compensation for this concept.

4.4 In the case of shipments to the U.S, the guarantees and obligations of the customers mentioned in the previous points are subjected to the requirements of previous information and necessary documentation by the country. The customer is responsible of the exactness and punctuality and is also responsible for all expenses, damages and harm occurred in the goods due to the non compliance of these rules. The Forwarder cannot be held responsible for the consequences derived from the lack of information to North American customs of the nature of the shipment in a timely manner or mistakes in the import documentation. In case of omission or insufficient information the customer will be responsible for any harm in the goods. The Forwarder has the right to a reimbursement of the expenses caused and is exempt of any responsibility if the goods have to be offloaded, destroyed or neutralized as circumstances require with no compensation to sender nor recipient.

5. GENERAL OBLIGATIONS OF THE FORWARDER.-

5.1. The forwarder is obliged to organize at its own discretion the transport, handling and storage of the goods placed in its trust in the most appropriate way and diligently except in those cases where specific instructions about the way to organize any service are received from the customer.

5.2. To the effect of organizing the services described in paragraph 5.1 and when no opposing instruction is received from the customer, the forwarder can select and hire third parties that will in turn act as forwarders, transporters, warehouse operators, customs agents, and others as needed for transport, storage, handling and delivery. All of these will be considered independent agents. The Forwarder will hire these services with those companies which are subject to current International agreements. In case this is not possible it will hire companies or renowned prestige and solvency.

Goods will be handed to said third parties subject to the terms and conditions (such as limited liability for loss, damage, harm or delay delivery) established in the routing sheet or bill of lading and receipts extended by said forwarders, transporters and warehouse operators.

5.3. The Bill of lading corresponding to the full or partly effective execution of transport, storage or any necessary activity for the final execution of the remission of the goods will be available for the totality of its duration.

6. LIMITED LIABILITY.-

6.1. The Forwarder shall be liable before the client for loss and damage of goods only in the case of negligence, lack of goods, or non compliance of its contracted obligations. The responsibility of the Forwarder for this concept is understood and will commence from the moment it receives the goods and until the effective delivery to the customer, recipient or authorized representative or to the carrier that will transport the goods to their final destination.

6.2. The direct or indirect responsibility of the Forwarder for partial loss or damage of the goods is limited to the quantities that result of applying to each concrete case the following values:

(1) Ground transportation within Spain will have a limitation of responsibility as stated in article number 57 of the “Ley 15/2009”, on November 11th, of goods ground transportation contract.

(2) In the case of international ground transportation the amount of 8.33 SDR* for each kilogram of gross weight of lost or damaged goods.

(3) In the case of maritime transportation the quantity of 666.67 SDR per item or units or 22 SDR for every kilogram of gross weight of lost or damaged goods, whichever is higher.

(4) In the case of air transports the amount of 70 SDR per kilogram of gross weight of lost or damaged goods.

(*)Special Drawing Rights (SDRs) are supplementary foreign exchange reserve assets defined and maintained by the International Monetary fund (IMF).

6.3 In every case, cumulative responsibility of the Forwarder for partial loss or damage in the goods will be limited by the total value of the goods declared by the customer.

6.4 In the case of that the Forwarder is declared responsible for the damages occurred for the lack of delivery within the timing agreed in the documentation relative to the transportation; or for any indirect loss or damage different to the loss or damage of the goods, the limitation will be the damage that such delay may have caused but in no case will its responsibility exceed the quantity corresponding payment as agreed in the contract with the Forwarder.

6.5 The present limitations will be applied to all claims directed to the Forwarder independently to the fact that the claim may be contractual or extra-contractual responsibility.

6.6. When the responsibility derives of the fact or acts occurred during the execution of the transportation and if in this the responsibility must fall on the Forwarder in no case will it exceed the responsibility that train, maritime or road transport companies accept, respecting all current rules and agreements.

6.7. In every case the Forwarder has the right to repeat against any third party directly responsible for the loss or partial or total damage in goods.

6.8. Any legal action against the Forwarder and/or its employees, whether in a joint or individual manner for loss or damage of the goods will be subject to the limitations established in the previous paragraphs.

7. RELEASE OF LIABILITY.-

7.1. The Forwarder is released from any liability if the third parties acting as transportation companies, Forwarders, warehouse workers, customs agents or any other required for the transportation, storage, manipulation and delivery of goods are chosen by the given instructions of the customer. In these cases the Forwarder may refuse his rights and transfer them to the customer.

7.2. The Forwarder will not be responsible for the loss or damage in the goods unless said loss or damage happens while the goods are under the custody and control of the Forwarder.

7.3 The Forwarder will not be responsible if the goods have been s hipped by the client or its representative.

7.4 The Forwarder will not be responsible of the consequences derived in loading and offloading operations not carried out by them.

7.5 The Forwarder will not be responsible for loss, damage or expenses related to the number, content, weight, markings or description of the product.

7.6 The Forwarder will not be responsible of any loss or expense incurred by the customer such as loss of profit, loss of customers, fines, losses due to depreciation or penalization clauses, fluctuations in currencies, fees or taxed increased by the authorities in relation to the transportation agreement.

7.1 The Forwarder shall be relieved of liability for loss, damage or delay arising or resulting from:

(i) Acts or omissions of the Merchant or Person acting on behalf of the Merchant.

(ii) Insufficiency of or defective condition of packing or marking of the Goods as long as the packing has not been done by the Forwarder. Furthermore, the Forwarder will not be responsible of the packing of the goods if the contents cannot be verified.

(iii) War, whether actual or threatened, hostilities, warlike operations, civil war, riots, terrorist activity, civil commotion or revolution, blockade by any Government, sabotage or piracy;

(iv) Strike, lock-out, stoppage or restraint of labour, from whatever cause, whether partial or general

(v) Nuclear incident;

(vi) Any other labour related conflict that may affect work

(vi) Natural disasters

(vii) Force majeure

(vii) Robbery

(ix) Any act or omission of the Forwarder the consequences of which he could not reasonably have foreseen.

(x) Decrease in volume or size or any other loss or damage resulting from hidden defects or of special nature or own defects in the goods.

(xi) Any other relief of liability reasons established in the agreements or legal statutes in force.

8. INSURANCE.-

8.1 The Forwarder will not insure losses or damages that may happen to the goods during their handling, storage or transportation unless specifically requested in writing by the customer. In this case the Forwarder will contract the necessary insurance on behalf of the client acting as its agent.

8.2 If an insurance has been purchased on behalf of the customer the general conditions for the transportation will adjusted to those on the insurance policy that covers the transportation and/storage.

9. PRICE.-

9.1 The Price for the transportation and other services agreed with the Forwarder will be based on the valid rates at the time of the agreement and within the forecasted limited.

9.2 Any additional expenses as a consecuence of facts or circumstances after the agreement date or if the case may be the expedite date will be paid for by the customer but must be correctly justified and not due to any negligence by the Forwarder.

9.3 Payment of the price and any expenses will be done cash down except in special conditions previously agreed.

10. CLAIMS.-

10.1 At the time of delivery of the goods, the addresses must verify the conditions of the goods as well as the number of items and weight corresponds to the data consigned in the documentation relative to the transport. They must inform the Forwarder immediately of any defect or apparent lost in any piece.

10.2 In case any irregularity or loss is not immediately observed by the recipient of the goods, the recipient must put these claims in writing within 48 hours from the time of delivery or from the time stated on the bill of landing, freight bill, etc. or if not available, on the terms and conditions established by the International Agreements that regulate the form of transportation. If this is not done the recipient will lose the right to place any claim against the Forwarder.

10.3 The deadline to initiate any action against the Forwarder is of 1 year from the delivery date of the goods to the recipient or in the case of total loss the date in which hypothetically the goods would have had to be delivered. Notwithstanding, the time limit for action of the actions derived from the action of the transport operation will be in the time specified in the waybill or in the International Agreements. The limit period starts as established by the Agreements or as stated on said documents.

10.4.- In no case my payment of due invoices to the Forwarder be withheld, including additional expenses as a consequence of any claims made by the customer for alleged loss or damage in the goods.

11. LIEN.-

Independent of any reason the Forwarder has the right in general and in particular to retain goods transported for customers who have not paid the amounts owed per services ordered.

The Forwarder can exercise this right in any way they consider and is admissible by the laws. If these goods were lost or destroyed the Forwarder will have the same rights aforementioned with respect to the reimbursement made by Insurance Companies, Transportation Companies and others.

12. CURRENT LAW AND JURISDICTION.-

Services provided by the Forwarder will be ruled by Spanish Laws. The Spanish Tribunals that correspond to the Forwarder’s offices where the services were agreed will be responsible for any claim placed.

13. INDEPENDENCE.-

The present general terms and conditions are independent of each other. In case any of the aforementioned terms were declared null and void none of the others will be affected.