CONDITIONS OF TRADE

DDI WORLDWIDE LTD., agrees to provide its services on the conditions hereinafter set out.

1. DEFINITIONS

Where the context so permits the following expressions shall have the following meanings:

“The Company” means DDI Worldwide Ltd.

“The shipper means the person who contracts either as principal or agent for the services of the Company both on his own behalf and on behalf of any other person having any interest in the Consignment.

“Consignment” means any article or articles of any sort which may be, or be intended to be received by the Company from any one consignor at any one address for carriage and delivery at any one time to any one consignee at any one other address.

“The excepted risk” means:

i. War, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection therewith and/ or

ii. Ionizing radiations or contamination by radioactivity from any nuclear fuel of from any nuclear waste from the combustion of nuclear fuel, and/ or

iii. Radioactive, toxic, explosive or other hazardous properties of any explosive nuclear component thereof, and/ or

iv. Pressure waves caused by aircraft and other aerial devices traveling at sonic or supersonic speeds and/ or

v. The absence, failure or inadequacy of packing or packaging.

2. CARRIER AND AGENT

a) The company is not a common carrier and will accept goods for carriage only on these conditions.

b) No objection will be taken to the use by the Company of the carrier services of any airline or other carrier and the Company shall in such case be entitled to the protection of all the terms and conditions hereof which exclude or limit the liability of the Company.

c) The company shall be entitled to perform any of its obligations under this contract by itself or by its agents or sub-contractors which expression shall include but not be limited to its ultimate parent company and any subsidiary thereof, and any such agent or sub-contractor shall be entitled to the benefits of these conditions.

d) The company agrees to act on behalf of the shipper (also known as consignor) in order to carry goods and/ or items by whichever means the Company chooses to destination and consignee’s address.

3. DELIVERY

a) No time for the delivery of the Consignment is guaranteed. The Company undertakes to complete transit with reasonable dispatch.

b) Unless otherwise agreed transit shall be complete when the Consignment is tendered for delivery to the Consignee at the address indicated by the Shipper or, in the event that a customs or other authority will not release the Consignment until certain formalities (including payment of taxes, duties or other charges) have been completed by or on behalf of the Consignee, when the Consignment is delivered to such customs or other authority.

c) The company will make one attempt to deliver a Consignment during normal working hours, i.e. between 9am and 5pm on a working day. If a consignment cannot be delivered for any reason he Company will notify the Shipper at the Shipper’s expense to enable the Shipper to make arrangements to have the Consignment collected or returned.

4. COLLECT CHARGES

When a consignment is accepted or dealt with upon instructions to collect transportation charges, duties or other charges or expenses from the consignee or any other person or when duties or other charges are necessarily incurred by the Company to enable it to effect delivery the Shipper shall remain responsible for the same and shall make payment thereof if they are not paid by such consignee or other person when demanded

5. LIABILITY

a) Subject to the provisions of the Warsaw Convention (if applicable) the Company its servants or agents shall be liable to the Customer for loss or damage caused by the Customer (whether direct or consequential, however arising and howsoever fundamental) only if and in so far as such loss or damage is caused by the negligence, breach of duty or wrongful act or omission of the Company itself or its servants acting within the course of their employment and such liability shall be limited to the value of the consignment or £50 whichever is the lesser.

b) The company its servants or agents shall not be liable to the shipper in any circumstances or to any extent whatever, in respect of loss or damage as aforesaid, unless written notice is received by the Company within 14 days in the case of damage to the whole or part of a Consignment, and, in all other cases, 28 days of the date upon which the Consignment was collected or received by the Company.

c) The Company its servants or agents shall not in any circumstances whatever be liable for any loss or damage as aforesaid arising directly or indirectly from or in consequence of any of the excepted risks, or for any expenses whatsoever resulting from or arising there from.

d) If the Company shall at any time be prevented from or delayed in starting, carrying out or completing any service by reason of strike, lockouts, labour disputes, weather conditions. Traffic congestion, mechanical breakdown, the deficient or ambiguous addressing of any Consignment or any cause whatsoever beyond the Company’s control the Shipper shall have no claim for damages or otherwise against the Company or its servants or agents for any consequential loss as result thereof.

e) The Company and its servants cannot and will not accept any liability beyond that set out above save that where the Warsaw Convention is applicable (as described in Conditions 6 hereof) the Company’s liability will be whichever is the more favourable to the shipper of the limit set out in paragraph (a) and the limit calculated in accordance with the Warsaw Convention.

f) The Shipper shall be treated by the Company as sole beneficial owner of each Consignment and will indemnify the Company and its servants against any claim howsoever arising made by a third party in respect of any Consignment or part thereof to the extent that such claim is outside or beyond the liability of the Company to the Shipper as set out above and to the extent that the aggregate of all such claims shall exceed the limited sums so set out.

g) The Company is moreover not liable for any amount in excess of £50 sterling in any event or damage or loss of time. Shipper may request insurance cover in writing. If the insurance requires, cover will apply only upon written acceptance by the Company after having arranged and had acceptance in writing by an insurance company or broker.

6. WARSAW CONVENTION

If the transit involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention as amended may be applicable and the Convention governs, and in most cases limits, the liability of the Company in respect of loss of or damage to Consignment.

7. PAYMENT

a) Unless otherwise indicated all charges are quoted exclusive of Value Added Tax, import, export and any other duties or taxes which may be payable.

b) Shippers who are granted credit facilities by the Company must pay within 30 days of issue of invoices.

c) Interest will be payable by the Shipper on all charges overdue during the period from date of invoice to date of payment

8. LIEN

The Company shall have a general lien against the Shipper for any monies whatsoever due from the Shipper to the Company. If any lien is not satisfied within a reasonable time the Company may at its discretion sell the Consignment (or any part thereof) as agent for the shipper and apply the proceeds in or towards any monies due and the expenses of the sale, and shall upon accounting to the Shipper for the balance remaining (if any) be discharged from all liability whatsoever in respect of such Consignment.

9. UNLAWFUL AND RESTRICTED CARRIAGE

a) The Company shall not be required to carry or convey anything if such carriage or conveyance would be unlawful nor shall the Company carry any International Air Transport Association restricted article. The Company reserves the right to refuse to carry any consignment.

b) The Company reserves the right to open and inspect all items and to not carry any item or items, for not only security purposes but to ensure that contents of consignments do not contain any matter which might be considered by any person, or persons to be of an offensive nature to any person, or persons or authorities of any country.

10. PARTIAL INVALIDITY

If any term or provision of these Conditions shall be held void or unenforceable, all the remaining terms and provisions contained herein shall continue in full force and effect.

11. SHIPPER UNDERTAKES

The shipper undertakes that:

a) The Consignment shall be accepted at the address to which it is to be delivered and an appropriate receipt therefore shall be given to the Company’s representative escorting such Consignment, and such receipt shall be conclusive evidence of delivery save where such receipt is obtained as a result of any fraud, collusion or dishonesty on the part of the Company’s representative.

b) In the event of a strike of employees of the Shipper or of employees of any other form or Company the Company’s servants or agents will not be asked to perform any additional duties or any duties of a strike-breaking nature.

12. EXCLUSIVE CONDITIONS

These conditions in conjunction with the Warsaw Convention referred to above (if applicable) and the operational details of the services and the charges therefore:

a) Shall constitute the entire contract between the Company and the Shipper and there shall not be incorporated or be deemed to be incorporated the provisions of any other document.

b) Shall supersede the provisions of any previous contract warranty or representation made or given relating to the same services as are described overleaf.

13. VARIATION OF CONDITIONS

No variation, extension or cancellation of these Conditions shall be binding upon the Company unless and until it is confirmed in writing under the hand of a Director or the Secretary of the Company.

14. ENGLISH LAW

These conditions shall be construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction in relation to any matters arising out of any contract to which their terms apply. Any claims payable shall be paid in the United Kingdom in sterling.

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