Terms of contract

1. APPLICATION OF TARIFFS AND CONDITION

All of our business contracts are subject to the General Conditions of Services by APAT Carriers. This encompasses all kinds of services, every location where these are offered, and whether we act as Agents or as Principal.

These Conditions may limit or exempt us from certain responsabilities, and upon request they can be made available for your consultation.

2. VOLUME

If the weight and volume are out of proportion, the carriage will be evaluated using the following proportions:

In carriage by road, weights up to 1,000 kg are rounded up to the nearest multiple of ten and over 1,000 kg to the nearest a hundred.

3. TYPES OF GOODS

Packages not affecting the ordinary functioning of mechanical or human means. o.

4. RESTRICTED CARGO

Any cargo that exceeds the dimensions or weights indicated in A, B or C above.

Any packages or objects whose contents breach the law or transportation subject to special requirements or provisions but failed to acquire prior declaration must check in advance how to regularize these situations. This applies to weapons, money, toxic, inflammable or hazardous materials, and living beings, etc., and in any case the sender is solely and exclusively liable

The carrier, NIPPON EXPRESS, reserves the right not to accept a package or provide a service whenever it sees fit.

If a package is rejected due to insufficient packaging but the sender insists on sending it, NIPPON EXPRESS won´t be held responsible for any damage to the goods or liable to any kind of complaint and this circumstance will be written in the delivery note or consignment

No compensation will be paid regarding the effects of time on perishable goods if delivery is made timely as indicated on the contract.

5. INSURANCE

As a rule, the hiring of transport insurance of goods (cargo insurance) is only performed by the freight carrier as long as expressly requested by the customer, constituting an exception to the normal supply of the service and, as such, subject to payment of the respective premium rate

It should be noted that this insurance is especially important for the party who assumes the risk for losses and damages, according to the INCOTERMS rules agreed in the contract for the international sale of goods. Moreover, it is a requirement according to CIP or CIF rules that the minimum coverage of insurance be made (source: C Clause from “Institute Cargo Clauses”).

It should be noted, moreover, that the responsibility by carrier companies ((article 15º nº 2 of Decree-Law 255/99, July 7th) is LIMITED, under the terms to the applicable mode of transport subcontractor, therefore, only in case of proven responsibility will NIPPON EXPRESS assume responsibility for loss or damage. This limitation is based on International Conventions and Laws whenever applicable (CMR Convention, Warsaw/Montreal Convention, Brussels Convention), and the values that it entails are the following:

• • Inland Transportation about 10,00 €/Kg;
• • Air Transportation about e 21,00 €/Kg;
• cean Transportation about 498,80 € pby volume or cargo unit, depending on what is written on the BL;

Exceptions apply whenever there´s “Declared Value” issued for transport, or “Delivery Especial Interest”, or the commercial value of the goods are lower than these limits.

In the absence of a previous agreement regarding insurance, the responsibility limits are:

 * IPREM - Public Index of Multi-Source Income