VIFFAS's Standard trading conditions - Page 2

IV -CUSTOMER'S OBLIGATIONS:

17. The customer warrants tl1at he is eitl1er tl1e owner or the authorized agent of the owner of the goods and that he is authorized to accept and is accepting TSTC not only for himself but also as agent for and on behalf of the owner of the goods.

18. The customer warrants the he has reasonab1e knowledge of matters affecting the conduct of his business, including but not limited to the terms of sa1e and purchase of the goods and all other matters relating thereto.

19. The customer shall give sufficient and executable instructions.

20. The customer warrants that the description and particular of the goods are complete, accurate and correct.

21. The customer warrants that the goods are properly packed and labeled ,except where the company has accepted instructions in respect of such services.

22. The customer shall not, unless otherwise previously and expressly agreed in writing, deliver to the company or cause the company to deal with or handle dangerous goods.

23. The customer shall indemnify the company against all liability loss damage costs and expenses whatsoever arising out of the company acting in accordance with the customer's instruction or arising from any breach of the customer of any warranty contained in TSTC or from negligence of the customer .

24. The customer shall pay to the company in cash or as agreed a11 sums immediate1y when due without deduction or deferment on account of any claim, counterclaim or setoff.

V -PERFORMANCE OF CONTRACT:

A. Company as agent :

25. To the extent that the company acts as agent, the company does not make or purport to make any contract with the customer for the carriage, storage or hand1ing of the goods nor for any other physica1 service in relation to them and acts solely on behalf of the
customer in securing such services by establishing contracts with the third parties so that direct contractua1 relationships are established between the customer and such third parties.

26. The company shall not be liable for the acts and omissions of such third parties referred to in clause 25 above nor responsible for any. accident or for any neglect or default howsoever arising whether willful 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 or warehouse keepers or other persons.

27. When acting as an agent the company has the authority of the customer to enter into contracts on the customer's behalf and to do such acts so as to bind the customer by such contracts and acts in all respects notwithstanding any departure form the customer's
instructions.

28. The company only forwards goods subject to the contracts, terms, conditions, and regulations of the various persons, companies or authorities in whose possession the goods
may pass.

29. The company shall defend, indemnify and hold harmless the company in respect of a111iablity , loss damage, costs or expenses arising out of any contracts made in the procurement of the customer's requirements in accordance with clause 27, 28 above.