The Customer’s attention is drawn to these conditions which exclude or limit the Company’s liability and may require the Customer to indemnify the Company in certain circumstances.

All business undertaken by the Company is subject to these terms and conditions and the terms and conditions of any Transport Document issued by the Company or a Carrier for Services

supplied to the Customer. In the event of any inconsistency between these terms and conditions and the terms and conditions of a Transport Document these terms and conditions are

paramount. Use of the Services constitutes an acceptance of these conditions by the Customer.

1. Definitions

“Carrier” means the actual carrier engaged to carry the Goods and includes warehousemen.

“Company” means MOVE Logistics Limited, their servants, agents and subcontractors and includes any or all companies related to any subsidiary of the foregoing.

“Customer” means the person acquiring Services from the Company and includes the shipper, consignee, receiver, owner or bailor of the Goods.

“Goods” means the whole or any part of the chattels, articles and things tendered under this agreement by the Customer and includes the Container of the Goods.

“Container” means any container, trailer, transportable tank, flat, pallet or other packaging or article used to carry, consolidate, store or package the Goods.

“Dangerous Goods” means Goods which are in fact or at law noxious, dangerous, hazardous, explosive, radioactive, flammable or capable by their nature of causing damage or injury to their

Container, other Goods or to any persons, or animals, or property.

“Services” means all services supplied by the Company to the Customer (whether gratuitously or not) and includes but is not limited to any advice or information, carriage, storage, lifting,

packing, warehousing, handling, installation, removal, assembly, erection or insurance of the Goods, and arranging provision of these Services by a third party.

“Transport Document” means any house or Carrier air waybill, bill of lading, warehouse receipt, consignment note or other document issued by the Company or a third party providing Services

in respect of the Goods.

“Person” includes corporation or firm.

“HACCP” means any Hazardous Analysis Critical Control Plan developed by MLL, and approved by customer

2. Variation of Contract

The Company shall not be bound by any agreement purporting to vary these terms and conditions unless the agreement is in writing and signed on behalf of the Company by one of its

Directors.

3. Storage, Inventory Management & Delivery

Records and reports

MLL must keep the following records in relation to the Services:

a) verification by MLL of the quantity of Goods received at each Site;

b) verification by MLL of goods received and despatched from each Site;

c) inventory levels and adjustments for each Site;

d) any other documentary proof of storage as requested from time to time

each must maintain these for a period of 2 years from the date of storage of each consignment.

4. Dangerous Goods

(1) The Customer shall not tender any Dangerous Goods for Carriage or storage without presenting to the Company a full description thereof and giving such notice of intention to ship or bail

Dangerous Goods and comply with any applicable laws, regulations or requirements. If any Goods are in the opinion of the Company liable to become of a dangerous, flammable or damaging

nature, they may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the Customer and without prejudice to the Company’s right to freight and

charges.

(2) Whether or not the Customer was aware of the nature of the Goods the Customer shall indemnify the Company against all claims, losses, damages or expenses arising in consequence of

any breach of the provisions of this clause.

5 .Risk

(1) Acceptance of Goods

MLL agrees that by accepting the Goods for storage, it acknowledges that the Goods are stored in accordance with:

a) any directions notified to MLL in writing; and

b) all relevant New Zealand ordinances, requirements, laws, by-laws and regulations applicable to the Goods or MLL, together the “Storage Conditions” and MLL

must maintain the Goods in accordance with the Storage Conditions.

(2) Risk in the Goods during Storage

All risk of loss or destruction of or damage to a consignment of the Goods passes to MLL on MLL picking up the Goods or receiving delivery of the Goods for storage and remains with MLL until

pick-up of the Goods from MLL or MLL delivering the Goods to customer or the party nominated by customer. Provided that MLL shall not be liable under this clause:

a) for any loss or damage caused by the natural shrinkage or moisture content of any goods or materials; and

b) in respect of any goods stored in any refrigerated or cold storage warehouse for any loss or damage emanating from loss of power from outside sources

(3) Risk in the Goods during Carriage

Customer and MLL shall agree, in respect of each "carriage" of Goods by MLL in terms of the Carriage of Goods Act 1979, that goods are carried “at limited carrier’s risk” unless stated

otherwise. If the consignment note is silent, the carriage will be "at limited carrier's risk".

6. Methods and Route of Transportation

(1) Pending forwarding and delivery the Goods may be warehoused or otherwise held at any place at the sole discretion of the Company at the Customer’s risk and expense.

(2) The Company may at any time and without notice to the Customer.

(a) use any means of transport or storage whatsoever;

(b) transfer the Goods from one conveyance to another including transhipment;

(c) unpack and remove Goods which have been stowed into a container and forward the same in a container or otherwise;

(d) proceed by any route in its discretion;

(e) load or unload the Goods at any place and store the Goods at any such place;

(f) comply with any orders or recommendations given by any government or authority or any person or body acting or purporting to act as or on behalf of such government or authority.

7. Declaration of value

The Company will not declare the value of the Goods in a Transport Document unless instructed to do so in writing by the Customer.

8. Rates and Charges Review

The Rates and Charges shall be reviewed annually at 31 June each year, or on the anniversary of any agreement. MLL must provide written notice of any change to the Rates and Charges, the

date for implementation of such change and details of the change. Fuel costs are reviewed monthly and rates adjusted accordingly

9. Lien

(1) All Goods and documents relating to Goods shall be subject to a particular and general lien for moneys due in respect of such Goods or any other moneys due from the Customer to the

Company. If any moneys due to the Company are not paid within 30 days after notice has been given to the person from whom moneys are due that the Goods have been detained, they may

be sold at the discretion of the Company and at the expense of such person and the proceeds applied on account of such general or particular lien.

(2) Notwithstanding any transfer of physical possession, the Goods are not released until all moneys owing have been paid to the Company. In the event of any Goods for any reason being

delivered to the owner or his nominee without payment having been made in full, the Company retains a lien on such goods and may retake possession of them pending payment and may

enter any premises for that purpose.

10. Insurance

The Company will arrange insurance as a Service only if it receives written instructions from the Customer. The Company acts only as the agent of the Customer and does not act as nor offers

advice as an insurance broker or intermediary. Any insurance arranged by the Company is subject to the exceptions and conditions of the policy. The Company is under no obligation to effect a

separate insurance for the Goods but may declare them on any open or general policy. The Company accepts no liability for any insurance arrangements and the Customer agrees to indemnify

the Company for any loss or damage it may suffer in relation to or arising out of the insurance of the Goods.

11. Claims Handling

The Customer agrees that the Company is not obliged to advise or assist the Customer or any other party to prepare or make a claim against a Carrier and accepts no liability for any loss or

damage however caused. The Company may agree in writing to provide advice or assistance and may make an additional charge for doing so.

12. Warranties

The Customer expressly warrants that it is the owner or the authorised agent of the owner of the Goods and enters into this contract on its own behalf and also as agent for the owner of the

Goods and indemnifies the Company against all claims by any other person for any loss or damage whatsoever arising out of or incidental to or in connection with the Services and provided by

the Company.

13. Payment

(1) Issue of Invoices

Unless otherwise agreed, MLL will issue an Invoice weekly for Services. Each Invoice must include any relevant consignment note or details thereof, disclose the amount of GST and must be

accompanied by the storage records

(2) Payment

Invoices must be paid with adjustment for any credits, within seven days of receipt of the invoice.

14. Indemnity

(1) The Customer indemnifies the Company from all claims for loss or damage, sales tax, costs, fines or penalties which the Company becomes liable to pay for any reason whatsoever in

respect of the Goods whether or not such liability is due to the negligence or wilful default of the Company.

(2) The Customer warrants that all information provided by it to the Company in connection with the Goods is accurate and adequate and the Customer agrees to indemnify the Company

against all loss, damage, fees and expenses arising or resulting from any inaccuracies or inadequacy in that information.

15. Limit to Liability

To the extent permitted by law, in no event will MLL be liable for loss of general profit, loss of revenue, loss of contract or other economic loss, or for any indirect, special, consequential, or

other similar loss or damages, arising out of any breach by MLL or its officers, employees, agents, or contractors of this Agreement or obligations under this Agreement or out of negligence by

MLL, or its officers, employees, agents or contractors.

16. Consumer Guarantees

If the Customer has acknowledged in writing that the supply of services is for the Customer’s business purposes (as that term is defined in the Consumer Guarantees Act 1993) or if the

Customer has actually acquired the services for such purposes, then the provisions of the Consumer Guarantees Act shall not apply to the transaction unless expressly stated on the front of

this form. Otherwise nothing in these terms and conditions shall affect or diminish the rights of any Customer under the Consumer Guarantees Act. In the event of conflict between these

terms and conditions and the Consumer Guarantees Act then the provisions of the Consumer Guarantees Act shall prevail and any such conflict shall be deemed not to be an attempt to

contract out of the Consumer Guarantees Act.

17. Sub-Contracting and Indemnity

(1) The Company shall be entitled to sub-contract on any terms the whole or part of the Services.

(2) Any person providing the Services (other than the Company) shall have the benefit of these provisions as if they were expressly for his benefit: and in entering into this agreement, the

Company does so as agent and trustee for such person.

(3) If the Company sub-contracts the whole or part of the Services to another person, the Services provided by the Company are also subject to the terms and conditions of the contract

between the Company and that other person and the Company shall have the benefit of all provisions benefiting that other person as if those provisions were expressly for the benefit of the

Company. In the event of and to the extent of any inconsistency between these terms and conditions and the terms and conditions of the contract between the Company and the other

person, these terms and conditions are paramount.

18. Notice of Loss

Any claim for loss or damage must be notified in writing to the Company within 7 days of delivery of the Goods or the date upon which the Goods should have been delivered, failing which the

Company shall be discharged of liability howsoever arising.

19. Time Bar

The Company shall be discharged from all liability unless suit is filed and served on the Company within 9 months (except as provided by statute or convention) after completion of the

Services, delivery of the Goods or the date when the Goods should have been delivered, whichever is the shorter.

20. Contrary Legislation

These Terms and Conditions are to be read subject to relevant statutory provisions having effect in New Zealand which by law cannot be excluded, restricted or modified. Any such term and

condition of these Terms and Conditions which is inconsistent with or repugnant to that legislation shall be null and void to the extent (but no further) of such inconsistency or repugnance.

21. Severability

Each term of this document is severable from the other, and if for any reason a term is invalid or unenforceable it shall not prejudice or affect the validity or enforceability of any other term.

22. Law and Jurisdiction

These conditions shall be governed and construed in accordance with New Zealand law and any proceedings shall be brought in the courts of New Zealand.

23. Arbitration

The Customer shall refer all disputes to arbitration in New Zealand. The arbitration shall be conducted in accordance with the Arbitration Act 1996 or any re-enactment or amendment thereof.