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PRONTO TRANSPORT GENERAL TERMS AND CONDITIONS OF SUPPLY

1. GENERAL

   1. Unless expressly agreed otherwise in writing, these General Terms and Conditions shall apply to all transport orders issued to Pronto Transport BV, and to all offers made by Pronto Transport BV.
   2. The Dutch Terms and Conditions of Transport, filed with the District Courts of Amsterdam, Arnhem, Breda and Rotterdam on 1 July 2004, shall also apply to these General Terms and Conditions.

2. CHOICE OF LAW AND FORUM

   All agreements between Pronto Transport BV and Clients shall be governed by Dutch law. Disputes resulting from any agreement with Pronto Transport BV shall be placed before the court in The Hague.

3. LIABILITY

   1. Pronto Transport BV shall not be liable for any damage, unless Client can prove that the damage arose through fault or negligence by Pronto Transport BV or its subordinates.
   2. Pronto Transport BV shall not be liable for any loss of income, or consequential or immaterial loss.
   3. Any damage to be compensated by Pronto Transport BV shall never exceed the invoice value of the goods, to be substantiated by Client. If Client fails to do so, the market value at the time the damage arose shall apply, to be substantiated by Client.
   4. In all cases, liability of Pronto Transport BV shall be restricted to the maximum compensation under the Fenex Terms and Conditions, or the maximum compensation under the CMR Terms and Conditions.
   5. If in the execution of the order damage occurs for which Pronto Transport BV is not liable, Pronto Transport BV shall make every effort to recover Client's damage from the Party liable for the damage. Pronto Transport BV shall be entitled to charge the costs incurred to Client.
   6. Client shall be liable towards Pronto Transport BV for the (nature of the) goods and the packaging, any incorrect, inaccurate or incomplete instructions and data, failure to make goods available, on time or otherwise, at the time and place agreed, and failure to provide documents en/or instructions (on time), as well as any general fault or negligence by Client or its clients and any third parties working for it. Pronto Transport BV shall not be obliged to check the accuracy or completeness of these data.
   7. Client shall indemnify Pronto Transport BV against any claims by third parties that relate to the damage referred to in the previous paragraph.

4. INSURANCE

   Insurance to cover the actual value of the goods to be transported shall be taken out for Client's account and risk if expressly instructed in writing. Risks to be covered must be clearly stated; it no longer suffices to merely list the value. Costs for additional insurance shall be for Client at all times.

5. TRANSPORTATION DOCUMENT / WAYBILL

   1. The transport order shall be recorded in a number of documents, including a waybill, or a CMR for international transports. The absence, irregularities, or loss of such document shall affect neither the existence nor the validity of the transport agreement.
   2. The waybill shall be drawn up as 3 original copies or more, to be completed and signed as per usual in line with additional instructions. The driver of the transporter contracted by Pronto Transport BV shall sign on behalf of Pronto Transport BV, unless agreed differently in writing in the transport order.
   3. Client shall be liable for all costs and damage suffered by Pronto Transport BV due to any inaccuracy or incompleteness of the waybill.

6. RATES

   1. All prices listed in the offer or on the transport order are exclusive of VAT.
   2. In the event of extreme situations that increase the transportation costs, such as long waiting times, a substantial increase in toll and/or fuel costs, Pronto Transport BV may consult with Client and charge an extra fee on top of the agreed transport fee.
   3. The rates applied by Pronto Transport BV shall be based on one loading address and one unloading address. Pronto Transport BV shall consult with Client and charge an extra fee if there are more addresses, unless agreed differently.
   4. The rates applied by Pronto Transport BV shall be based on the following maximum dimensions (lxwxh)/ weight (kg) :
      • 1 load metre : 1x2.44x2.50 m, 1850 kg
      • 1 block pallet : 1x1.20x2.20 m, 925 kg
      • 1 euro pallet : 0.80x1.20x2.20 m, 740 kg
      If these dimensions and/or weights are exceeded, Pronto Transport BV shall consult with Client and charge an extra fee.
   5. Unless expressly agreed otherwise in writing, Pronto Transport BV shall not exchange cargo carriers such as euro pallets, dusseldorf pallets, or cc containers. Should there be any need to do so, this must be conformed in writing while Pronto Transport BV shall continue to be entitled to charge a surcharge in consultation.

7. INSTRUCTIONS

   1. In the event Client has not given any relevant instructions, the manner of shipment and route shall be selected by Pronto Transport BV, accepting the documents commonly used by the companies contracted for the transport in question.
   2. Pronto Transport BV shall instruct the transporter contracted for the transport in writing of the specific instructions which Client has expressly given in writing on the transport order and/or appended memo.
   3. Instructions in the orders issued by Pronto Transport BV must be observed at all times.
   4. If there are any reasons why the instructions cannot be complied with, the parties involved shall provide each other with more information immediately.

8. EXECUTION OF THE TRANSPORT AGREEMENT

   1. Loading and/or unloading times

      Pronto Transport BV uses the following loading and/or unloading times:
      • < 3 load metres up to 0.5 hours per address
      • < 6 load metres up to 1 hours per address
      • < 9 load metres up to 1,5 hours per address
      • 13 load metres 3 hours per address.
      In the event that Pronto Transport BV requires more time to load or unload, it shall be entitled to charge the costs it reasonably incurs, unless the reason for the longer load and/or unload times is entirely due to Pronto Transport BV. Pronto Transport BV shall charge waiting costs of € 50 per hour, up to € 500 per day.

   2. Delivery times.

      Deliveries must be made between 08.00 and 17.00 hours (this also applies to load times). If you wish to have shipments loaded or unloaded before a particular time, the following surcharges apply:
      • Delivery time up to 1 hour or less € 75.00
      • Delivery time up to 2 hours € 50.00
      • Delivery time up to 4 hours € 40.00
      • Other restrictions € 25.00
      • Deliveries before 08.00 hours € 75.00.
      Pronto Transport BV shall consult with Client and charge these fees following Client's written confirmation.

9. CANCELLATION OF AN ORDER

   1. If Client cancels the order on the day of loading or in the days prior to the loading, Pronto Transport BV shall be entitled to charge Client.
      • On the day of loading : 100% of the agreed sum
      • 1 day before loading : 70 % of the agreed sum
      • 2 days before loading : 25 % of the agreed sum
   2. The above cancellation costs shall be confirmed no later than 1 working day after cancellation.
   3. Where possible, Pronto Transport BV shall attempt to reduce said costs with the parties involved.

10. PAYMENTS

    1. All payments must be made within 30 days after the date of invoice, unless agreed otherwise in writing.
    2. If no payment is made within the agreed term, Pronto Transport BV shall be entitled to charge default interest, plus 2 % for non-compliance, without notice of default being required.
    3. If Pronto Transport BV transfers its collection to a third party, Client shall be obliged to pay all reasonably made judicial and extrajudicial collection costs. These include the costs of bailiffs, collection agencies and lawyers.
    4. All payments must be made in Euros, without applying any settlement or suspension due to alleged or actual non-compliance by Pronto Transport BV.

11. RIGHT OF PLEDGE AND RIGHT OF RETENTION

    1. Pronto Transport BV shall have a right of pledge and retention to any goods, documents or funds towards any party wishing to receive these goods, documents or funds which Pronto Transport BV holds or will hold on whatever account and for whatever purpose, for all claims it entertains or will entertain towards Client.
    2. Pronto Transport BV may sell the goods without awaiting further instructions from Client, if justified by the perishable nature or the condition of the goods or if the costs of storage would be disproportionally high in relation to the value of the goods.