Your attention is drawn to clauses 14, 15, 18 - 21, 25 and 29 hereof which exclude or limit liability or which require you to give an indemnity in certain circumstances.

1. In these conditions the following expressions have the following meaning;
   1. "The Companies" means Yang Ming (UK) Limited and/or any Companies associated therewith;
   2. "The Principals" means mainly liner shipping companies for whom The Companies act as agents;
   3. "Customer" means any person at whose request or on whose behalf the Companies undertake or arrange any business or provide or arrange advice, information or services.
2. The Companies act solely as agents either for the Principals or for Customers whether or not expressly stated to be acting in such capacity. Accordingly, the Companies accept no duties, obligations or liabilities as Principals.
3. Without prejudice to the foregoing, insofar as there may be found to be a duty, obligation or liability (contractual or otherwise) attaching to one or more of the Companies, these conditions and such modifications as may be adopted from time to time shall apply (the plural to include the singular and vice versa) and all and any business undertaken, including any advice information or service provided whether gratuitously or not by the Companies and each of them, is transacted subject to the conditions hereinafter set out and each condition shall be deemed to be incorporated in and to be a condition of any agreement made by the Companies. No agents or employee has the authority to alter or vary these conditions
4. If any legislation is compulsorily applicable to any business undertaken, these conditions shall as regards such business be read as subject to such legislation and nothing in these conditions shall be construed as a surrender of any of the rights or immunities or as an increase of any responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be void to such an extent as shall cure such repugnance but no further
5. None of the Companies is a common carrier nor a carrier for the purpose of any legislation compulsorily applicable to the carriage of goods by sea or road or otherwise howsoever
6. 1. The Companies shall be entitled to rely upon the terms, conditions, exceptions and limitations of liability provided for in their Principals' Standard Conditions of Trading or bills of lading to the extent permitted thereby, in connection with transactions entered into by the Companies as agents for their Principals. However, in case of any conflict between the said terms, conditions, exceptions or limitations of liability and these conditions, these conditions shall prevail to the extent of any such conflict
   2. Where the Companies arrange forwarding services, (which expression shall include the inland carriage of goods from the port of discharge, or other UK Mainland destination) for the Customers goods which have been , are or will be carried in accordance with a contract with a Principal of the Companies or of any of them contained in or evidenced by a Bill of Lading, Charter party or other contract of afreightment with final destination Felixstowe and where such services are arranged by the Companies as agent for and on behalf of its Principal, the provision of such services shall be subject to the Companies Standard Trading Conditions. Where the final destination on the Companies Bill of Lading is shown as an inland point within UK Mainland, delivery to the final destination will be accepted and effected under the terms and conditions of the applicable Bill of Lading. Any request to arrange pre-carriage (which expression shall include the inland carriage of goods to the port of loading) from a UK Mainland location will be subject to the Companies Standard Trading Conditions
7. Customers entering into transactions of any kind expressly warrant that they are either the owners or authorised agents of the owners of any goods to which the transaction relates, and they further warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all other persons who are or may thereafter become interested in the goods. In authorising the Customer to enter into any contract with the Companies and/or in accepting any document issued by the Companies in connection with such contract, the owner of the goods and all other persons who are or may thereafter become interested in the goods accept these conditions for themselves and their agents and for any parties on whose behalf they or their agents may act and in particular, but without prejudice the generality of this clause, they accept that the Companies shall have the right to enforce against them jointly and severally any liability of the Customer under these conditions or to recover from them any sums to be paid by the Customer which upon proper demand have not been paid. The ratification hereof by any such persons to the extent that it is necessary, shall be procured by the Customer upon demand
8. 1. Any instructions or business accepted by the Companies may in the absolute discretion of the Companies be fulfilled by the Companies by their own servants, or by their subsidiary, associated or parent companies of their servants, performing part or all of the relevant services or by employing or instructing or entrusting the business to others, on such conditions as such others may stipulate to perform part or all of the services including if necessary, entrusting goods to such others and any such servant or any such subsidiary or associated or parent company or their servants, shall be entitled to the benefit of these conditions
   2. If the Companies employ others or instruct or entrust business to others as set out in sub-conditions 8 (1) above, then the Companies shall be entitled to the benefit of any liberties, exceptions, exemptions, and/or limits of liability contained in any terms and conditions stipulated by such others to perform such business, and in the event of any conflict between the said liberties, exceptions, exemptions and/or limits of liability and these conditions, the Companies shall be entitled in their absolute discretion to waive any or all of these conditions and to rely instead on any or all of the said liberties, exceptions, exemptions and/or limits of liability
9. Subject to express instructions in writing given by the Customer, the Companies reserve absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of goods, and generally. Further, if in the opinion of the Companies it is at any stage necessary or desirable in the Customer's interests to depart from any such written instructions the Companies shall be at liberty to do so
10. Pending forwarding or delivery, goods may be warehoused or otherwise held at any place or places at the sole discretion of the Companies and the cost thereof shall be for the account of the Customer
11. 1. Unless the Companies have been instructed in writing to pack the goods, the Customer warrants that all goods have been properly, sufficiently, appropriately and adequately, prepared, packed, stowed, labeled and/or marked and shall at all relevant times be in such condition and/or of such nature as not to cause damage or injury or the likelihood of damage or injury to the property of the Companies or to that of their Principals, or to any other goods, whether by spreading of damp, infestation, leakage or the escape of fumes or substances or otherwise howsoever. In the event of special precautions being necessitated by reason of the nature or condition of the goods, or if any statutory duties exist specific to the goods with which the Companies may need to comply, all relevant information in connection therewith shall prior to receipt of the goods by the Companies be provided to them in writing by the Customer
    2. Where the company receives the goods from the Customer already stowed in or on a container, trailer, tanker, or any other device constructed for the carriage of goods by land, sea or air (each hereafter individually referred to as "the transport unit"), the Customer warrants that the transport unit is in good condition and is suitable for the carriage to the intended destination of the goods loaded therein or thereon
12. The Companies are entitled to retain and be paid all brokerages, commissions, allowances and other remuneration
13. Quotations are given on the basis of immediate acceptance and are subject to withdrawals or revisions. Further, unless otherwise agreed in writing, the Companies shall be, after acceptance, at liberty to revise quotations or charges with or without notice in the event of changes occurring in currency exchange rates, rates of freight, insurance premiums or any other charges applicable. The booking of goods and/or acceptance thereof for shipment on vessels and/or services operated by Principals of Companies is made expressly subject to the availability of space on board the relevant vessel at the time of shipment and/or the availability or presentation of relevant vessel. The provision is without prejudice, however, to the generality of the terms, conditions, exceptions and limitations of liability provided for in the Principals Standard Conditions of Trading and/or Bills of Lading. Except in accordance with special arrangements previously made in writing the Companies accept no responsibility for departure or arrival dates of goods
14. The Customer shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Companies for Customs. Consular and other purposes in connection with the goods or the transaction referred to herein and undertake to indemnify the Companies against all losses, damages expenses, penalties, and fines whatsoever arising from any inaccuracy or omission, even if such inaccuracy or omission is not due to any negligence. Further the Customer undertakes to pay the Companies any extra freight and/or other charges which would have been payable had the descriptions, values or other particulars furnished to the Companies been full or accurate in the first instance
15. The Customer shall be liable for, and shall indemnify the Companies in respect of any duties, taxes, imposts, levies, deposits or outlays of any kind levied by the authorities at any port or place for or in connection with the goods and for any payments, fines, expenses, penalties, loss or damage whatsoever incurred or sustained by the Companies in connection therewith
16. When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person, the Customer shall remain responsible for the same if they are not paid by such consignee or other person immediately when due
17. No insurance will be effected except upon express instructions given in writing by the Customer. All insurances effected by the Companies are subject to the usual exceptions and conditions of the Policies of the Companies or underwriters taking the risk. Unless otherwise agreed in writing, the Companies shall not be under any obligation to effect a separate insurance on each consignment but may declare it on any open general policy available to them from time to time. Insofar as the Companies arrange insurance, they act solely as agent for the Customer using their best endeavors to arrange such insurance, and they do so subject to the limits and exclusions of liability set out below in these conditions. Should the insurers dispute their liability for any reason (whether arising from breach of warranty, non-disclosure, misrepresentation or any other cause) the Customer shall have recourse against the said insurance company or underwriters only and the Companies shall not be under any responsibility or liability whatsoever in relation thereto, notwithstanding that the premium upon the insurance may not be at the same rate as that charged by the Companies or paid to the Companies by their Customer
18. 1. The Companies shall only be responsible for any loss or damage or for any non-delivery or mis-delivery if it is proved that the loss, damage non-delivery or mis-delivery occurred whilst any goods were in the actual custody of the Companies and under their actual control and that such loss, damage, non-delivery or mis-delivery was due to the willful neglect or default of the Companies or their own servants
    2. The Companies shall only be liable for any non-compliance or mis-compliance with instructions given if it is proved that the same was caused by the willful neglect or default of the Companies or their own servants
    3. Save as aforesaid, the Companies shall be under no liability whatsoever however arising and whether in respect of or in connection with any goods or any instructions, business, advice, information or service or otherwise
    4. Further and without prejudice to the generality of the preceding sub-condition, the Companies shall not in any event, whether under sub-conditions (1) or (2) above or otherwise, be under any liability whatsoever for indirect or consequential loss such as (but not limited to) loss of profit, loss of market or the consequences of delay or deviation however caused, or for fire or the consequences of fire
19. Without prejudice to the generality of the preceding condition and/or to the generality of the terms, conditions, exceptions or limitations of liability contained in the Companies Standard Trading Conditions, Principals Standard Conditions of Trading and/or Bills of Lading, the Companies shall be relieved of any of their contractual obligations to the extent that the performance thereof may be prevented by or their non-performance is the direct or indirect consequences of the act, neglect or default of the Customer including any breach by the Customer of any warranties contained herein, or by storm, flood, lightning, fire, exceptional weather conditions, explosion, riot, industrial dispute, strike, labour disturbance or any other cause whatsoever beyond the reasonable control of the Companies
20. In no case whatsoever shall any liability of the Companies however arising and notwithstanding any lack of explanation for it, exceed either
    1. the value of the goods lost or damaged or the subject of the relevant transaction, or
    2. 1,300GBP per tonne of the gross weight of the goods or
    3. 75,000 Special Drawing rights as defined by the international Monetary Fund (hereinafter referred to as SDR's) in respect of any one transaction
    whichever shall be the lower. For the purposes of this condition, the aggregate liability of Yangming (UK) Limited and any of its associated or subsidiary companies shall not in the aggregate exceed 75,000 SDR's as aforesaid. For the purposes of this condition, the value of the goods shall be their value when they were or should have been shipped, and the value of SDR's shall be calculated as at the date when the claim is received by the Companies in writing. The Customer shall hold harmless and keep the Companies indemnified from and against all claims, liabilities, costs and demands whatsoever and by whomsoever, made arising or preferred in excess of the liability of Companies under the terms of these Conditions regardless of whether such claims, liabilities, costs and demands arise from or in connection with the negligence or breach of duty of the Companies, its servants, employees, sub-contractors or agents
21. In any event, the Companies shall be discharged from all liability for the following claims which shall be deemed waived and absolutely barred:-
    1. For the loss from a package or an unpacked consignment or for the damage or mis-delivery (however caused) unless notice be received in writing within seven days after the end of the transit, where transit ends in the British Isles, or within 14 days after the end of the transit where the transit ends at any place outside the British Isles, and unless suit be commenced within 9 months of the of the end of the transit (wherever it may end)
    2. For loss or non-delivery of the whole of a consignment or any separate package forming part of the consignment (however caused), unless notice be received in writing within 28 days, and suit be commenced within 9 months, of the date when the goods should have been delivered
    3. For all other claims of whatsoever nature unless notice be received in writing within six months, and suit be commenced within 9 months of commencement of the relevant transaction
22. 1. The companies shall not be obliged to make any declaration for the purpose of any statute or convention or contract as to the nature or value of any goods or as to any special interest in delivery, unless expressly instructed by the Customer in writing
    2. Where there is a choice of rates according to the extent or degree of liability assumed by carriers, warehousemen or others, goods will be forwarded, dealt with etc., at Customers risk or other minimum charges, and no declaration of value (where optional) will be made, unless express instructions in writing to the contrary have previously been given by the Customer
23. If delivery of the goods or any part thereof is not taken by the Customer, consignee or owner, at the time and place when and where the Companies are entitled to call upon such person to take delivery thereof, the Companies shall be entitled to store the goods or any part thereof at the sole risk of the Customer, whereupon the liability of the Companies in respect of the goods or that part thereof stored as aforesaid shall wholly cease and the cost of such storage if paid for or payable by the Companies or any agent or sub-contractor of the Companies, shall forthwith upon demand be paid by the Customer (or consignee or owner) to the Companies
24. The Companies shall be entitled at the expense of the Customer to dispose of (by sale or otherwise as may be reasonable in all the circumstances) :-
    1. Without prior notice, goods which have perished, deteriorated or altered or perishable goods which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise not readily identifiable. In such a case payment or tender of the net proceeds of any sale after deduction of charges and expenses shall be equivalent to delivery. All charges and expenses arising in connection with the sale or disposal of the goods shall be paid by the Customer
    2. On 21 days notice in writing to the Customer, all non perishable goods which in the opinion of the Companies cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Customer or consignee or for any other reason. If the giving of notice in writing be impracticable, then it shall be sufficient for the Companies to place notices in two local newspapers. All charges and expenses in connection with the storage and sale or disposal of goods shall be paid by the Customer
25. 1. Except under special arrangements previously made in writing and accepted by the Companies, the Companies will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods of a dangerous or damaging nature, or any goods likely to harbour or encourage vermin or other pests or any goods liable to taint or affect other goods
    2. Should any Customer nevertheless, otherwise than under or in strict accordance with special arrangements previously made in writing and agreed to by the Companies as set out in sub-conditions (i) above, deliver to the Companies or cause the Companies to deal with or handle any such goods, he shall be liable for all loss or damage whatsoever caused by or to or in connection with the goods however arising and shall indemnify the Companies against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with in the absolute discretion of the Companies or of any other person in whose custody they may be at the relevant time
    3. If such goods are accepted pursuant to and in accordance with special arrangements previously made in writing and agreed to by the Companies as set out in sub-condition (i) above, and then in the opinion of the Companies they pose a risk to other goods, property, life or health, they may nevertheless be destroyed or otherwise dealt with at the sole discretion of the Companies or of any other person in whose custody they may be at the relevant time
26. Except under special arrangements previously made in writing and accepted by the Companies, the Companies will not accept or deal with bullion, coins and precious stones, jewelry, valuables, antiques, pictures, human remains, livestock or plants. Should any Customer nevertheless deliver any such goods to the Companies or cause the Companies to handle or deal with any such goods otherwise than under and in strict accordance with special arrangements previously made in writing and accepted by the Companies, the Companies shall be under no liability whatsoever for or in connection with the goods howsoever arising
27. 1. Without prejudice to condition 7 above, the Companies shall have the right to enforce any liability of or to recover any sums to be paid by the Customer under these conditions not only against or from the Customer but also against or from the sender and/or consignee and/or owners of any goods and/or the goods themselves, to the extent permitted
    2. All sums shall be paid to the Companies in cash immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counterclaim, or set off
    3. Unless otherwise agreed in writing by the Companies all transactions undertaken by the Companies are conducted by them on a cash pre-paid basis. Credit will only be extended by the Companies upon stipulated conditions prevailing from time to time which may include the provision of a bank guarantee in a form and in an amount acceptable to the Companies and/or their Principals
    4. The Companies reserve the right to charge interest on any sums or accounts which remain unpaid when they are due, such interest to be calculated on a daily basis commencing from the due date of payment at a rate of 8.0% above the Bank Of England Base Rate. Such interest shall run until full payment is received
28. 1. The Companies shall have a particular and general lien and right of detention on all goods (and documents relating to goods) for all sums due at any time in respect of such goods, or for any particular or general balance or other monies due from the Customer or the sender, consignee or owner to the Companies or any of them or to any of the Companies Principals and/or for the cost of recovering the same including the cost of exercising the said lien or right of detention
    2. If any such money or costs due to the Companies or to their Principals are not paid within one calendar month after notice has been given to the person from whom the monies or costs are due that such goods are being detained, they may be sold or disposed of by auction or otherwise at the sole discretion of the Companies and/or their Principals at the expense of such person and the net proceeds may be applied in or towards satisfaction of such indebtedness
    3. When the goods are liable to perish or deteriorate the Companies right to sell or dispose of the goods and all documents relating to the goods shall arise immediately upon any sum becoming due to the Companies and/or to their Principals subject only to the Companies taking reasonable steps to bring to the Customers attention its intention of selling or disposing of the goods or documents before doing so
    4. Upon accounting to the Customer for any balance remaining after payment of any sums due to the companies and/or to their Principals and of the cost of sale or disposal, the Companies shall be discharged from any liability whatsoever in respect of the goods or documents
    5. If on a sale or disposal of goods or documents hereunder, the proceeds fail to cover the amounts due to the Companies and/or to their Principals and the costs and expenses incurred in the sale, the Companies shall be entitled to recover the difference from the person or persons from whom the monies costs or expenses are due
29. In addition to and without prejudice to the foregoing conditions, the Customer undertakes that no claims shall be made against any Director, servant or employee of the Companies which imposes or attempts to impose upon them any liability in connection with any services which are the subject of these conditions. If any such claim shall nevertheless be made, the Customer undertakes to indemnity the Companies against all consequences thereof. The Customer also undertakes that it will in any event indemnify the Companies against all liabilities, loss, damage costs and expenses whatsoever (including without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the goods) suffered or incurred by the Companies arising directly or indirectly from or in connection with the Customers instructions or their implementation or the goods and in particular the Customer shall indemnify the Companies and in respect of any claims of a General Average nature which may be made on the Companies, and in respect of any liability whatsoever that the Companies may be under to any servant, agent or sub-contractor or any haulier, carrier, warehouseman or other persons whatsoever at any time involved with the goods arising out of any claim made directly or indirectly against any such party by the Customer or by any sender, consignee or owner of the goods or by any person interested in the goods or by any other person whatsoever
30. The use of Customers form shall not derogate from these Conditions. These conditions shall prevail over any terms or conditions contained in the Customers order, acceptance or other communication and shall be deemed to have been accepted by the Customer in preference to such other terms or conditions, unless the Customer has notified the Companies specifically in writing of any proposed variation of these Conditions and such variation has been agreed specifically in writing by a Director of the Companies
31. These conditions and all agreements between the Companies and its Customers shall be governed by and construed in accordance with English law. Any dispute arising out of or in connection with these conditions or any such agreements shall be referred to the exclusive jurisdiction of the English Courts
32. When liability for General Average arises in connection with the goods, the Customer shall promptly provide security, or procure that security is provided, to Companies or to any other party designated by them, in a form and for an amount acceptable to them
33. Insofar as the Standard Conditions in contracts of a Principal of the Companies do not provide such Conditions shall (unless the Principal elects otherwise) be deemed amended to include the following provisions:-
    1. Unless credit is extended, all transactions are conducted on a cash pre-paid basis. Credit will only be extended upon stipulated conditions, which may include the furnishing of a bank guarantee in a form and for an amount acceptable to the Principal or the Companies
    2. If credit is extended, all sums due shall be paid in accordance with agreed credit terms (comprising the credit period and credit value amount) without deduction, and all overdue accounts shall bear interest at a rate of 0.1% per day from such date until payment