TERMS & CONDITIONS


1. ACT 2 SERVICES, INC., a California company and all of ACT 2 SERVICES, INC.’s employees and authorized
agents; “Shipper” means the party signing this Contract as Shipper as well as any party (including an insurer)
having an interest in the shipment, any party paying for the Shipment and any party who acts as an agent for the
Shipper; “Shipment” means any and all property (whether said property is classified as goods, freight, cargo,
commodities or otherwise) shipped pursuant to this Bill of Lading; “Contract of carriage” and “Contract” both mean
the terms and conditions stated on both sides of this Bill of Lading; and “Consignee” means the party receiving said
Shipment. No employee or agent of any party may alter any of the terms and conditions of this Contract. Shipper
agrees, on behalf of Shipper and as an agent for any other claimed Shipper, and as agent for Consignee, that
carriage and all other services performed herein are subject to both the terms and conditions stated on the front
and back of this Contract, as well as to the rates, rules and classifications set forth in ACT 2 SERVICES, INC.’s
currently effective tariff and/or service guide (which is/are available for inspection), all of which are incorporated
herein by this reference. This Contract supersedes and negates any claimed, alleged or asserted oral agreement,
promise, representation or understating between the parties with respect to the Shipment. Shipper certifies and
represents to ACT 2 SERVICES, INC. that the information inserted on the front of this Bill of Lading is accurate and
complete. In the event of a conflict between verbal instructions and those written by Shipper on the front of the Bill
of Lading, the latter will take precedence and will be used to determine how the shipment will be handled.

2. Shipper warrants that each item of property in this Shipment is truthfully, properly and completely described in
this Bill of Lading, is properly marked, labeled and addressed, and is packaged adequately to protect the enclosed
property and to insure safe transportation with ordinary handling, and except as noted on the face of this Bill of
Lading, is in good order and condition and that each item of property does not violate existing federal or state
transportation regulations. The Shipper must indicate the type of service requested in the designated area on the
face of the Bill of Lading. If the type of service is not indicated, the Shipment will be rated at the highest applicable
tariff rate. At the time of delivery the Consignee must note on the delivery receipt any exceptions to the shipping
containers that would indicate a discrepancy (shortage in the shipment, damage to the containers, or possible
damage to the contents of the containers, or possible damage to the contents of the container). The Consignee
may not inspect the contents of the shipping containers until the Consignee signs for the Shipment on the delivery
receipt. Such notations as “subject to inspection” and “subject to recount” are not exceptions. A Shipment in which
delivery is made in exchange for a clear delivery receipt shall be prima facie evidence of having received ordinary
care in handling. All Shipments may at ACT 2 SERVICES, INC.’s option, be opened to inspection. However, ACT 2
SERVICES, INC. is not obligated to perform such inspection. ACT 2 SERVICES, INC. reserves the right to
recalculate weight and dimensions of any Shipment and adjusts its charge accordingly. A dimensional factor of 250
shall be used on domestic shipments and a dimensional factor of 165 shall be used on international shipments.

3. Notwithstanding anything else contained in this contract: A) ACT 2 SERVICES, INC. shall not be liable in any
event for any special, incidental or consequential damages, including but not limited to loss of profits, loss of
income, loss of use, or loss of market, whether or not ACT 2 SERVICES, INC. had knowledge that such damages
might be incurred, and irrespective of the negligence or fault of ACT 2 SERVICES, INC.; and/or B) ACT 2
SERVICES, INC. shall also not be liable in any event, whether or not ACT 2 SERVICES, INC. had knowledge that
such damages might be incurred, and irrespective of the negligence or fault of ACT 2 SERVICES, INC., for any
damages resulting from any or all of 1) Acts of God, 2) Strikes or Civil Commotion, 3) Weather, 4) Aircraft failures or
mechanical failures, 5) Acts or omissions of customs or quarantine official, 6) The nature of inherent vice or any
defect or characteristic of any part of a shipment, 7) Acts of public enemies, acts of terrorism, acts of war, or 8)
Omissions of the shipper and/or consignee (including but not limited to improper packaging, marking
incomplete/inaccurate shipping instructions, or mislabeling or any part of a shipment by the shipper), and/or 9)
Violation of the shipper and/or consignee of any of the terms and conditions of this contract or the rules relating to
any part of a shipment not acceptable for transportation or acceptable only under certain conditions as outlined
herein. Further, unless a greater value is declared in writing (NOT TO EXCEED $25,000.00) in the space entitled
“Declared Value” on the front of this bill of lading and the shipper has agreed prior to shipment to pay the excess
value fee assessed by ACT 2 SERVICES, INC. for said greater declared value, the shipper releases all property in
this shipment to a released value of fifty cents (U.S.) per pound. Therefore, whether or not ACT 2 SERVICES, INC.
had knowledge that such damages might be incurred, and irrespective of the negligence or fault of ACT 2
SERVICES, INC., ACT 2 SERVICES, INC.’s total liability for loss or damage for all or any part of this shipment is
limited to proven damages up to an amount not exceeding fifty cents (U.S.) per pound, unless A) A greater value is
declared in writing in the space entitled “Declared Value” on the front of this bill of lading and B) The shipper has
agreed, prior to shipment, to pay the excess value fee assessed by ACT 2 SERVICES, INC. for said greater
declared value. In such an event involving a declared value, ACT 2 SERVICES, INC.’s liability shall be limited to
proven damages not to exceed the higher declared value for which the shipper has agreed, prior to shipment, to
pay the excess value fee. Notwithstanding the foregoing, under no circumstances will the liability of ACT 2
SERVICES, INC. for any monetary loss which is a result of auxiliary services performed by ACT 2 SERVICES, INC. or
its Agents be greater than the liability contained in this contract. Shipper agrees to indemnify ACT 2 SERVICES,
INC. for all amounts claimed or awarded in excess of $.50 per lb. for domestic shipments.

4. If this is an international shipment, then the rules as established by the Warsaw Convention shall apply to the
international carriage of any shipment and ACT 2 SERVICES, INC.’s aforementioned fifty cents (U.S.) per pound
limitations shall be increased to a limitation of liability in the amount of nine dollars and seven cents ($9.07 U.S.) per
pound for proven damages, irrespective of the negligence or fault of ACT 2 SERVICES, INC., unless A) A greater
value is declared in writing in the spasce entitled “Declared Value” on the front of this Bill of Lading and B) The
shipper has agreed, prior to shipment, to pay the excess value fee assessed by ACT 2 SERVICES, INC. for said
greater declared value. In such an event involving a Declared Value, ACT 2 SERVICES, INC.’s liability shall be
limited to proven damages not to exceed the higher Declared Value for which the shipper has agreed, prior to
shipment, to pay the requested excess value fee. Notwithstanding the foregoing under no circumstances will the
liability of ACT 2 SERVICES, INC. for any monetary loss which is a result of auxiliary services performed by ACT 2
SERVICES, INC. or its Agents be greater than the liability contained in this contract. If this is an international
shipment and it is determined by a court of competent jurisdiction that the Warsaw Convention does not apply to all
or any part of this shipment, then all of the terms and conditions of this contract (other than this paragraph 4) shall
apply to this shipment. Shipper agrees to indemnify ACT 2 SERVICES, INC. for all amounts claimed or awarded in
excess of $9.07 per lb. for international shipments.

5. All claims for overcharges must be made in writing to ACT 2 SERVICES, INC. within one (1) year from the date of
the shipment. All other claims (except concealed loss/damage claims) for loss or visible damage must be made in
writing to ACT 2 SERVICES, INC. within two hundred seventy (270) days from date of shipment. Claims for
concealed damage after a clear receipt for the shipment has been given must be reported in writing to ACT 2
SERVICES, INC. within three (3) days of delivery, and all property must be retained in the original shipping container
with all packing materials available for inspection by ACT 2 SERVICES, INC. at a place of delivery for a period of no
less than thirty (30) days after ACT 2 SERVICES, INC. has written notice of damage. No claim for loss or damage will
be entertained until all transportation charges have been paid in full. The amount of claims may not be deducted
from transportation charges. Legal action to enforce a claim must be brought within one (1) year after the claim has
been denied in writing by ACT 2 SERVICES