CUSTOMER APPLICATION PACKAGE - Rock-It Cargo...REV. 11/03/16 CUSTOMER APPLICATION PACKAGE CUSTOMER...

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REV. 11/03/16 CUSTOMER APPLICATION PACKAGE CUSTOMER AGREEMENT FOR SERVICES & CREDIT CREDIT CARD AUTHORIZATION | CUSTOMER SHIPPING RECORD TERMS & CONDITIONS OF SERVICE | CUSTOMS IMPORT POWER OF ATTORNEY GENERAL CONDITIONS OF AIR CHARTER AGREEMENTS

Transcript of CUSTOMER APPLICATION PACKAGE - Rock-It Cargo...REV. 11/03/16 CUSTOMER APPLICATION PACKAGE CUSTOMER...

Page 1: CUSTOMER APPLICATION PACKAGE - Rock-It Cargo...REV. 11/03/16 CUSTOMER APPLICATION PACKAGE CUSTOMER SHIPPING RECORD REQUIRED BY 49 CFR PART 15 • A shipper defined as an sole proprietor

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CUSTOMER APPLICATION PACKAGE

CUSTOMER AGREEMENT FOR SERVICES & CREDIT

CREDIT CARD AUTHORIZATION | CUSTOMER SHIPPING RECORD

TERMS & CONDITIONS OF SERVICE | CUSTOMS IMPORT POWER OF ATTORNEY

GENERAL CONDITIONS OF AIR CHARTER AGREEMENTS

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Primary Contact for Account

Name of Predecessor Business

CUSTOMER APPLICATION PACKAGE

CUSTOMER IDENTIFICATION

INFORMATION ON PRINCIPALS

Customer Name

For Limited Liability Company or Corporation: List all officers, directors, members and majority shareholders.

For Partnership or Proprietorship: List All Partners and/or Owners.

Street Address

City

City

City

Phone

Phone

Federal Tax ID Number

Parent Company

Street Address

Sales Tax Exempt Number

Years in Business

Email

Billing Address (if different from the above)

State

State

State

Fax

Fax

Zip Code

Zip Code

Zip Code

Limited Liability Company Coporation Partnership Sole Proprietorship/Individual

ROCK-IT CARGO USA LLC

CUSTOMER AGREEMENT FOR SERVICES & CREDIT

NAME POSITION

Have any of the companies or individuals listed above ever been a debtor in a bankruptcy proceeding?

Yes

Yes

Yes

No

No

No

Has any judgment ever been entered against any of the companies or individuals listed above?

Are there legal actions or arbitrations pending against any of the companies listed above?

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Yes

Yes

If yes, please provide SVI number

If yes, please provide Country of Program

Does your company participate in any foreign customs security program?

If Customer declines insurance by Rock-it, please provide information on your existing insurers (attach additional sheets as necessary).

No

No

C-TPAT Certified:

Name of Insurance Underwriter

Primary Bank

Name

Name

Name

Other Bank

Phone

Phone

Phone

Phone

Phone

Name

Name

Address

Address

Address

Address

Address

Account Number

Account Number

Account NumberAccount Number

Account Number

Account Number

Contact

Contact

Contact

Contact

Contact

Policy Effective Date

Dedictible, if any

Policy Expiration Date

Type of coverage (e.g., cargo legal liability, commercial general liability)

Policy Number

C-TPAT (CUSTOMS TRADE PARTNERSHIP AGAINST TERRRORISM)

INSURANCE INFORMATION

CREDIT REFERENCES

TRADE REFERENCES

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PERSONS AUTHORIZED TO INSTRUCT ROCK-IT AND INCUR CHARGES ON CUSTOMER’S ACCOUNT

SIGNATURE

Name

Name Title Date

Name

Name

Title

Title

Title

Phone

Phone

Phone

Email

Email

Email

I certify that the information provided in this Agreement is true and correct and that I have the authority to sign this Agreement.

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CUSTOMER APPLICATION PACKAGE

CREDIT CARD AUTHORIZATION

I authorize Rock-it Cargo USA LLC to debit the credit card account below for the purchase of transportation services to which I or my authorized representative have agreed and I understand that the information provided may be shared with third parties for compliance with any legal or regulatory requirements.

I understand that Rock-it Cargo USA LLC will incur processing fees and other costs based upon this authorization and I understand and agree that all charges are non-refundable. I further release Rock-it Cargo USA LLC from any and all liability in connection with its use of the credit card information and furthermore, represent that I am an authorized user of this credit card. In the event the charge is declined or rejected, I understand that payment for the transportation services shall be made according to the Rock-it Cargo terms and conditions of service that I have signed.

Credit Card Information

Name on above card

Street

Credit Card Billing Address

City

Card Number

DL# of Cardholder

Expiration Date / /

State Zip Code

CSV

Name Title Date

Please attach a copy of both the front and back of credit card and picture ID.

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CUSTOMER APPLICATION PACKAGE

CUSTOMER SHIPPING RECORDREQUIRED BY 49 CFR PART 15

• A shipper defined as an sole proprietor or individual; or• Any shipper with a physical address located in Canada or Mexico that tenders cargo for a flight departing from

an airport within the U.S.

CUSTOMER NAME

SHIPMENT DATE FROM TO CARRIER GOODS COSTS (USD)

Only a shipper in one of the following categories needs to complete this form:

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Pursuant to the terms of this agreement and in consideration of fees charged, the undersigned “Customer” retains Rock-it Cargo USA LLC (“Rock-it”) as its agent to arrange transportation services and provide logistics assistance. These services include but are not limited to: preparing and/or processing export declarations and carnets; providing and/or arranging customs brokerage services; booking, arranging for, or confirming cargo space; preparing and/or processing delivery orders or dock receipts; preparing and/or processing bills of lading; arranging for and/or providing crating, packing, unpacking, and warehouse storage; arranging for cargo insurance; handling freight or monies advanced by shippers, or remitting or advancing freight or monies or credit in connection with the dispatching of shipments; and assisting with letters of credit, licenses, or inspections, or other documents or issues relating to the dispatch of cargo. Customer warrants that it is either the owner of the goods being shipped or represents the owner of the goods in all respects and is authorized to enter into this agreement on behalf of the owner of the goods.

Customer understands that Rock-it is not a carrier, but that Rock-it will use its best efforts to select and engage responsible carriers, warehousemen, and other transportation intermediaries on behalf of Customer. Customer understands that the terms and conditions of the storage receipts of warehousemen, and contracts of carriage of air, land and/or ocean carriers that Rock-it retains will apply to Customer as if Customer had entered into those contracts itself. In certain circumstances, Rock-it may provide warehouse services, ocean carriage in its capacity as a Non-Vessel Operating Common Carrier, air carriage in its capacity as an Indirect Air Carrier, and provide for the pickup, consolidation, line haul, break bulk, and distribution of less-than-truckload shipments as a licensed freight forwarder. In such instances, the terms of Rock-it’s bill of lading or warehouse receipt will apply as if it had been issued to Customer. Customer is directed to copies of these documents posted on Rock-it’s website.

Customer shall comply with all applicable laws and government regulations of any country to, from, through, or over which its goods may be carried, including those relating to the packing, carriage, or delivery of the goods, and shall furnish such information to Rock-it as may be necessary to comply with such laws and regulations. Shipments covered by these terms and conditions are prohibited if diverted contrary to U.S. or other laws. Customer warrants that the goods are properly marked, addressed, and packaged to withstand any contemplated method of transport. Customer, or such person or entity that originates and tenders Customer’s goods for handling or transport, hereby consents to an inspection of the cargo.

1A) LIMITATION OF LIABILITY FOR LOSS, DAMAGE, OR DELAY

Rock-it will not be liable for any loss, damage, or delay to goods caused by a carrier or warehouse. Rock-it may provide a preliminary notice of claim on Customer’s behalf for loss, damage, or delay against a carrier or warehouse on behalf of Customer, but recovery on such claims will be limited by the terms of the underlying contracts of carriage or storage. For domestic air transportation, truck transportation, and warehousing, liability for damage is limited to $0.50 per pound or $40 per article, or as stated by the contract of carriage or storage, whichever is less. For international air transportation, damage is limited to 19 Special Drawing Rights per kilogram or as is provided for in applicable international conventions. For carriage by water, damage is limited to $500 per package or customary freight unit.

Rock-it will not be liable for any loss, damage, or delay to goods caused by acts of God, public authorities, strikes, labor disputes, weather, mechanical failures, civil commotion, acts of terrorism, hazards incident to a state of war, acts or omissions of customs, or defects in the goods being shipped. Rock-it will not be liable for any punitive or exemplary damages nor any special, incidental, or consequential damages including lost income, profits, interest, or loss of market, whether or not Rock-it may have had knowledge that such damages might be incurred.

UNLESS OTHERWISE SPECIFIED, IT SHALL BE PRESUMED THAT THE VALUE OF CUSTOMER’S GOODS DOES NOT EXCEED $0.50 PER POUND OR $40 PER ARTICLE,WHICHEVER IS LESS, AND CUSTOMER AGREES THAT ROCK-IT’S LIABILITY FOR ANY LOSS, DAMAGE, OR DELAY TO THE GOODS RESULTING FROM ROCK-IT’S NEGLIGENCE OR OTHER FAULT, IF ANY, WILL BE LIMITED BY THIS PRESUMPTION. CUSTOMER HAS THE OPTION OF PAYING ADDITIONAL FEES TO PROCURE INSURANCE COVERAGE FOR PHYSICAL LOSS OR DAMAGE IN EXCESS OF THESE LIMITS BY INITIALING THE “I DO” SPACE IN 1B BELOW AND DECLARING THE ACTUAL REPLACEMENT VALUE OF THE GOODS IN ACCORDANCE WITH THE TERMS OF PARAGRAPH 1B BELOW. CUSTOMER IS ENCOURAGED TO PURCHASE FREIGHT INSURANCE OR TO INSTRUCT ROCK-IT TO PURCHASE FREIGHT INSURANCE ON ITS BEHALF IF THE AFORESAID LIMITATIONS POSE UNACCEPTABLE RISKS TO THE CUSTOMER.

ROCK-IT WILL ONLY HONOR INSURANCE CLAIMS WHEN FEES ARE CHARGED ON AN INVOICE AND PAID TO ROCK-IT FOR INSURANCE COVERAGE ON THE SHIPMENT IN WHICH THE CLAIM OCCURRED.

1B) SERVICE FEES DO NOT INCLUDE CARGO INSURANCE UNLESS REQUESTED (INSURANCE FEES PAID) AND INITIALED BELOW; DECLARATION OF VALUE FOR INSURANCE PURPOSE

This insurance will be procured by Rock-it when requested by Customer and initialed below. In that event, Rock-it’s fees will include fees for the insurance covering physical loss or damage with a deductible of 5% of shipment value but not less than $750 or more than $ 2,500. Note that the $2,500 deductible will not apply for shipments valued above $100,000 in which case Rock-it reserves the right to increase deductible and will advise Customer. Customer understands that Rock-it may decline Customer’s request to procure insurance. Customer agrees, where Rock-it accepts Customer’s request to procure insurance, to pay the fees in order to procure insurance in excess of Rock-it’s limit of liability for physical loss or damage to the actual replacement value of the goods and understands that failure to pay insurance fees shall result in no coverage. Customer shall inform Rock-it in writing of the actual replacement value of each shipment it wishes to insure prior to the date of shipment; failure of Customer to so advise Rock-it shall result in no insurance coverage. FAILURE TO INITIAL BELOW WILL RESULT IN NO INSURANCE BEING PROCURED BY ROCK-IT FOR CUSTOMER.

I have reviewed and accepted the limitations on Rock-it’s liability for loss, damage, or delay to goods moved under this agreement, and

I DO want Rock-it to procure insurance for Customer’s benefit for physical loss or damage.

PART 1 - TERMS AND CONDITIONS

ROCK-IT CARGO USA LLC

TERMS AND CONDITIONS OF SERVICE

(Initials)

CUSTOMER APPLICATION PACKAGE

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1C) CUSTOMER WARRANTIES; INSPECTION OF SHIPMENTS

Customer warrants that it shall not tender to Rock-it any shipment containing explosives, destructive devices, or hazardous material for transport, handling, or storage. Customer warrants that it shall consider Rock-it’s Customer Supply Chain Security Recommendations as posted on Rock-it’s website. Customer agrees that Rock-it is allowed to inspect, through physical or any other means, any shipment tendered to Rock-it for transport, handling, or storage, including shipments in sealed packaging. Rock-it has the right to reject and return to Customer at Customer’s expense, any shipment tendered to it in violation of Customer’s warranties as set forth herein. Customer shall make no claim nor bring suit against Rock-it or any person or entity acting on behalf of Rock-it arising from any loss, damage, or delay caused by an inspection. Customer shall hold Rock-it harmless from and shall defend and indemnify Rock-it against any loss, damage, claim, or suit arising from any breach of the Customer’s warranties as set forth herein.

1D) PROMPT NOTICE OF LOSS, DAMAGE, OR DELAY REQUIRED

Customer agrees to inspect its shipment upon delivery and give prompt notice of any loss or damage within 5 days of delivery for air or ground shipments and within 3 days of delivery for ocean shipments. Any oral notice of claim must be followed by written notice of claim. Customer agrees that Rock-it will not be held responsible for any loss or damage if written notice of damage is not provided to Rock-it within 10 days of delivery or in the event of loss within 15 days of when the goods should have been delivered. Customer agrees to monitor its shipment and to immediately give notice in writing to Rock-it of any delay. Any notice of delay must be made in writing no later than 5 days after the Customer’s anticipated date of delivery. Customer agrees that notification of delay does not invalidate Rock-it’s limitation of liability set forth in paragraph 1A above.

1E) PAYMENT OF INVOICES REQUIRED BEFORE CONSIDERATION OF CLAIMS

Customer agrees that Rock-it has no obligation to consider claims or to assist Customer in the filing of such claims against carriers or warehousemen on behalf of Customer if Customer has not paid Rock-it’s fees for insurance coverage and Rock-it’s invoices in full for the shipments in which claim arose.

1F) ROCK-IT GIVEN A LIEN ON INSURANCE PROCEEDS

Customer agrees that Rock-it shall have a lien in the amount of any unpaid invoices on any insurance proceeds issuing as a result of loss, damage, or delay to Customer’s goods.

1G) CLAIMS EXPIRE AFTER ONE YEAR

Customer agrees that any suit brought against Rock-it must be commenced within one year from the date of this agreement or after completion of the services performed, whichever is later. In the event of delay or non-delivery, the scheduled delivery date shall be deemed as the day on which services were completed for purposes of computing the one-year time limit.

1H) GENERAL CONDITIONS OF AIR CHARTER AGREEMENTS

In the event Rock-it arranges for air charter(s) for Customer, Customer acknowledges that it has reviewed and agreed to Rock-it’s General Conditions of Air Charter Agreements which are attached in the Rock-it Customer Application Package and found at http://www.rockitcargo.com/email/GenCondAirCharter.pdf and available upon request. Rock-it will provide a separate Charter Agreement setting out the specific charter arrangements and which incorporates the General Conditions of Air Charter Agreements by reference as if fully set forth therein.

2A) PAYMENT GUARANTEED BY CUSTOMER

Customer guarantees payment for all services rendered and carriage arranged by Rock-it on Customer’s behalf.

2B) CUSTOMER BEARS RISK OF FOREIGN EXCHANGE FLUCTUATIONS

Estimates of fees for Rock-it’s services may have been provided using exchange rates then in effect. Actual charges will reflect the currency exchange rate at the time the invoice is issued.

2C) CREDIT TERMS; SERVICE FEES ACCRUE ON LATE PAYMENTS

Customer agrees to pay Rock-it’s invoice(s) in full prior to first shipment date or COD, whichever date comes first, unless otherwise agreed to in writing by Rock-it, and except where payment in advance is required by a carrier. For any payments not received within ten days of the payment due date, Customer agrees that Rock-it will be entitled to late fees of 1 ½% of the outstanding amount for each month or fraction thereof from the invoice date.

2D) ROCK-IT ENTITLED TO ATTORNEY’S FEES INCURRED IN COLLECTION

Customer agrees to pay Rock-it’s reasonable attorney’s fees, costs, and other expenses incurred in the event Rock-it determines that consultation with or retention of an attorney is necessary for collection.

2E) ROCK-IT GIVEN A LIEN ON GOODS FOR UNPAID CHARGES

Customer and consignee, holder, or assignee on any bill of lading shall be jointly and severally liable for all unpaid fees for services provided under this Agreement. When Rock-it is instructed to collect charges from any person or entity other than Customer, Customer shall remain liable for the charges and interest if Rock-it is not paid. ROCK-IT SHALL HAVE A LIEN ON ANY GOODS SHIPPED UNDER THIS AGREEMENT FOR FAILURE TO PAY FEES ON CURRENT AND PRIOR SHIPMENTS,REGARDLESS OF CREDIT ARRANGEMENTS, OWED BY THE CUSTOMER, CONSIGNEE, HOLDER, OR ASSIGNEE ON ANY BILL OF LADING. CUSTOMER AGREES THAT ROCK-IT’S LIEN CONTINUES IN EFFECT AFTER THE GOODS ARE DELIVERED AND UNTIL ALL CHARGES ARE PAID. Customer agrees to sign any notice of a security interest whether in the form of a UCC-1 or other form requested by Rock-it. Customer appoints Rock-it as its attorney-in-fact to sign any such notice on Customer’s behalf in the event Customer fails to sign it immediately upon Rock-it’s request.

PART 2 - PAYMENT TERMS AND CREDIT AGREEMENT

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2F) CONSENT TO RECEIVE CREDIT INFORMATION

Customer authorizes Rock-it to obtain credit reports on Customer and any representatives listed in Customer’s Customer Agreement for Services and Credit, and obtain credit and funding information from Customer’s bank or other references. It is understood that any such credit information will be held in strict confidence and used only for Rock-it’s business purposes. Customer further agrees to supply such additional information as may be required by Rock-it to warrant future extensions of credit or to enable Rock-it to perfect liens or to recover upon any bond issued.

2G) DUTIES AND TAXES

Customer acknowledges that Customer is solely responsible for collecting, reporting, and paying any and all sales taxes, use taxes, excise taxes, customs duties, and all other assessments on Customer’s goods, regardless of the role(s) undertaken by Rock-it on behalf of Customer and as may be required by applicable laws or as imposed by any governmental authorities. In the event a governmental authority imposes a tax, customs duty, or other assessment against Rock-it regarding Customer’s goods, Customer shall promptly acknowledge and pay Customer’s obligation hereunder to the governmental authority and shall defend, hold harmless and indemnify Rock-it against such action and assessment.

4A) TERM OF AGREEMENT AND TERMINATION

This Agreement shall be effective upon execution by both parties. Part 1, Part 2, and Part 4 shall survive termination of this Agreement for any reason. This Agreement shall remain in effect until canceled by either party upon thirty days’ written notice to the other party. If Customer terminates this Agreement, Customer agrees to pay Rock-it’s fees for all services and expenses incurred up to the point of termination forthwith upon issuance of Rock-it’s invoice. Rock-it has the right to immediately terminate this Agreement upon breach of the agreement by Customer for failure to pay Rock-it’s fees.

The parties agree that a scanned, electronic, or faxed signature will be as equally binding as an original signature on these Terms and Conditions of Service and any other Rock-it Cargo documents.

Customer understands that the terms and conditions under which Rock-it’s services are provided are subject to change. Customer is advised to take note of the most current terms and conditions which are posted on Rock-it’s web site and which are also available to Customer upon request. Customer agrees that the posted terms and conditions on Rock-it’s website on the date of a shipment will apply to that shipment and govern the parties’ obligations.

4B) APPLICABLE LAW AND FORUM SELECTION

To the extent not governed by applicable federal statutes, the laws of the state of California shall govern the validity, construction, and performance of this Agreement and all controversies and claims arising hereunder. Customer agrees that the forum for any litigation arising out of the performance of this Agreement, whether initiated by the Customer or Rock-it, shall be Los Angeles County, California.

4C) EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER

Rock-it provides equal employment opportunity to applicants and employees, without regard to race, color, religion, sex, national origin, disability, or veteran status, and takes affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, nation origin, disability, or veteran status; as a federal contractor, Rock-it complies with applicable provisions requiring equal employment opportunity as required by law. For additional information, please access the federal Equal Employment Opportunity Clause at Rock-it’s website.

4D) THIS FORM IS THE ENTIRE AGREEMENT AND SUPERSEDES CONTRARY ORDERS

These terms comprise the entire agreement between Customer and Rock-it. If the terms of this Agreement differ in any material way from the terms of Customer’s order or other documents issued to Rock-it, the terms of this Agreement shall take precedence over the terms of any such order or documents.

In addition to the U.S. Customs Import Power of Attorney, Customer specifically grants the following export power of attorney: POWER OF ATTORNEY GRANTED BY CUSTOMER AS U.S. PRINCIPAL PARTY IN INTEREST TO AUTHORIZED AGENT FOR EXPORT SHIPMENTS - Know all persons by these presents, that Customer is the U.S. Principal Party in Interest organized and doing business under the laws of the U.S. and having an office and place of business as indicated below hereby authorizes ROCK-IT CARGO USA LLC at 5343 West Imperial Highway, Suite 900, Los Angeles, CA 90045 to act for and on its behalf as a true and lawful agent and attorney of the U.S. Principal Party in Interest (USPPI) for, and in the name, place, and stead of the USPPI, from this date, in the U.S. either in writing, electronically, or by other authorized means to: act as authorized agent for export control, U.S. Census Bureau reporting, and U.S. Customs and Border Protection purposes; prepare and transmit any Electronic Export Information (EEI) or other documents or records required to be filed by the U.S. Census Bureau, U.S. Customs and Border Protection, U.S. Department Commerce-Bureau of Industry and Security, or any other U.S. Government agency; perform any other act that may be required by law or regulation in connection with the exportation or transportation of any goods shipped or consigned by or to the USPPI and receive or ship any goods on behalf of the USPPI. The USPPI hereby certifies that all statements and information contained in the documentation provided to the authorized agent and relating to exportation is and will be true and correct. The USPPI understands that civil and criminal penalties may be imposed for making false or fraudulent statements or for the violation of any U.S. laws or regulations on exportation. Customer shall hold Rock-it harmless from and shall defend and indemnify Rock-it against any action or assessment by a governmental authority arising from any breach by Customer of Customer’s export compliance obligations. This power of attorney is to remain in full force and effect until revocation in writing is duly given by the USPPI and received by the authorized agent.

PART 3 - SPECIAL POWER OF ATTORNEY

PART 4 - TERM OF AGREEMENT AND TERMINATION; LEGAL JURISDICTION

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PART 5 - ACKNOWLEDGEMENT AND WARRANTY OF AUTHORITY

WARRANTY OF AUTHORITY AND CERTIFICATION

The person signing this Agreement on behalf of the Customer represents and warrants that s/he has the authority to sign this agreement on behalf of Customer, including appointment of Rock-it as Customer’s attorney in fact, and to guarantee Rock-it full and prompt payment. The person signing below further certifies that the information given in the Customer Agreement for Services and Credit is true, correct, and complete, and further understands that Rock-it will rely on this information for credit purposes.

On Behalf Of: Accepted by Rock-it Cargo USA LLC:

Signature

Print Name

Title

Company

Company or Artist

Street Address

City, State, ZIP Code

Name

Date

Date

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CUSTOMER APPLICATION PACKAGE

U.S. CUSTOMS IMPORT POWER OF ATTORNEY

(1) Employer Identification Number (EIN)

hereby constitutes and appoints ROGERS WORLDWIDE IMPORT SERVICES, INC., having a principal place of businessat 5343 West Imperial Highway, Suite 900, Los Angeles, CA 90045, its officers, employees, and other customs brokers and/or specifically authorized agents, to act for and on its behalf, as a true and lawful Agent and Attorney of the Principal named above for, and in the name, place, and stead of the Principal, from this date, either in writing, electronically, or by other authorized means, with full power and authority to do and perform every lawful act and thing the said Agent and Attorney may deem requisite and necessary to be done for and on behalf of the said Principal without limitation of any kind as fully as said Principal could do if present and acting, and Principal hereby ratifies and confirms all that said Agent and Attorney shall lawfully do or cause to be done by virtue of these presents and that this Power of Attorney is to remain in full force and effect until notice of revocation in writing is duly given by the Principal and received by the Agent/Attorney. Such authorization includes acts as Agent/Attorney on behalf of Principal for export control, U.S. Census Bureau reporting, and U.S. Customs and Border Protection purposes.

Principal hereby certifies that all statements and information contained in the documentation provided to Agent/Attorney named above by Principal relating to the exportation and customs transaction will be true and correct. Furthermore, Principal understands that civil and criminal penalties may be imposed for making false or fraudulent statements or for the violation of any U.S. laws or regulations on exportation and customs transactions.

In the execution of this Power of Attorney, Principal expressly acknowledges that ROCK-IT CARGO USA LLC will act asthe freight forwarder in any and all customs transactions. Principal expressly acknowledges that customs entries will bemade by ROGERS WORLDWIDE IMPORT SERVICES, INC. or another duly authorized customs broker, and that allcharges for such transactions will be billed to Principal by ROCK-IT CARGO USA LLC. Principal hereby agrees to sucharrangement and waives direct receipt of charges from ROGERS WORLDWIDE IMPORT SERVICES, INC. or other dulyauthorized customs broker. Principal further agrees that it is liable for any and all charges (including but not limited to duties, taxes, penalties, liquidated damages, or other debts owed to any customs or other governmental authorities imposed for any reason) without restriction or limitation and shall indemnify Agent/Attorney for any and all unpaid charges. Principal may pay for U.S. customs charges by separate check made out to “U.S. Customs & Border Protection” which shall be delivered to customs by the broker, provided Principal has made advance arrangements with the broker for timely receipt of duty checks.

¹ Include the name of U.S. Principal Party in Interest, if applicable.

(3) , Principal¹ dba

doing business as a

, under the laws of the State of

, having a principal place of business at

(4)

(5)

(6)

(7) ,

(2) Check Appropriate Box:

Know all men by these presents, that

Limited Liability Company Coporation Partnership Sole Proprietorship Individual

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Included within the powers granted herein are the powers to:

Make, endorse, sign, declare, transmit, or swear to any customs entry, withdrawal, declaration, certificate, bill of lading, air waybill, carnet, or any other documents required by law or regulation in connection with the importation, exportation, or transportation, of any merchandise in or through the customs territory, shipped or consigned by or to said Principal, including authority to act as the Principal’s true and lawful agent for purposes of moving cargo and preparing and filing the Electronic Export Information (EEI) and other documents or records required to be filed in accordance with U.S. laws and regulations, whether by signature, electronic filing, or other endorsement;

Perform any act or condition which may be required by law or regulation in connection with the exportation or transportation of any goods shipped or consigned by or to the Principal, and to receive or ship any goods on behalf of Principal;

Make endorsements on bills of lading conferring authority to transfer title; make entry or collect drawback; and make, sign, declare, or swear to any statement or certificate required by law or regulation for drawback purposes, regardless of whether such document is intended for filing with Customs or any other agency of the United States Government;

Sign, seal, and deliver for and as the act of said Principal any bond required by law or regulation in connection with the entry or withdrawal of imported merchandise or merchandise exported with or without benefit of drawback, or in connection with the entry, clearance, lading, unlading or navigation of any vessel or other means of conveyance owned or operated by said Principal, and any and all bonds which may be voluntarily given and accepted under applicable laws and regulations, consignee’s and owner’s declarations provided for in section 485, Tariff Act of 1930, as amended, or affidavits or statements in connection with the entry of merchandise;

Sign and swear to any document and to perform any act that may be necessary or required by law or regulation in connection with the entering, clearing, lading, unlading, or operation of any vessel or other means of conveyance owned or operated by said Principal;

Authorize other Customs Brokers duly licensed within the territory to act as Principal’s agent; to receive, endorse and collect checks issued for Customs duty refunds in Principal’s name drawn on the Treasurer of the United States; if Principal is a nonresident of the United States, to accept service of process on behalf of the Principal;

If the Principal is a non-U.S. entity, to accept service of legal process on behalf of the Principal in the United States;

And generally to transact Customs business, including filing of claims or protests under section 514 of the Tariff Act of 1930, or pursuant to other laws of the territories, in which said Principal is or may be concerned or interested and which may properly be transacted or performed by an agent and attorney; and

Giving to said agent and attorney full power and authority to do anything whatever requisite and necessary to be done in the premises as fully as said Principal could do if present and acting, hereby ratifying and confirming all that the said agent and attorney shall lawfully do by virtue of these presents.

Appointment as Forwarding Agent: Principal authorizes the above Agent/Attorney to act within the territory as lawful agent and sign or endorse export documents (i.e., commercial invoices, bill of lading, air waybill, insurance certificates, drafts, and any other documents) necessary for the completion of an export on Principal’s behalf as may be required under law and regulation in the territory and to appoint forwarding agents on Principal’s behalf.

Principal agrees to abide by the terms, conditions and limits of liability of the freight forwarder herein as applicable to Agent/Attorney. The signatory certifies that he/she has full authority on behalf of the Principal. If the Principal of this power of attorney is a partnership, the said power shall in no case have any force or effect in the United States after the expiration 2 years from the date of its execution.

[Signature page follows]

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IN WITNESS WHEREOF, the said (8)

(9)

(10) Print Name:

(11) Title:

(13) Witness Name: (14) Witness Signed:

(12) Date:

Signed:

and its subsidiaries and dba’s as listed above caused these presents to be signed:

INSTRUCTIONS

1. Insert Principal’s Employer Identification Number (EIN) issued by the US Internal Revenue Service.

2. Check the appropriate box that describes how the Principal is legally organized.

3. Insert the legal name of the Principal.

4. Insert any ‘doing business as’ (dba) names that the Principal uses when conducting business.

5. Insert how the Principal is legally organized; this should be the same as #2.

6. Insert the name of the State or other legal jurisdiction under whose laws the Principal is legally organized.

7. Insert the complete address of legal record of the Principal where they accept legal process.

8. Insert how the Principal is legally organized; this should be the same as #5 and #2.

9. Insert the legal name of the Principal; this should be the same as #3.

10. Insert the signature and printed name of officer or other authorized employee of the Principal listed in #3. This person

should sign in blue or black ink here.

11. Insert the title of the person signing #10.

12. Insert the date when the document was signed.

13. Insert the printed name of a person that witnessed the signing of #10. This person should sign in blue or black ink here.

14. Insert the signature of a person that witnessed the signing of #10. This person should sign in blue or black ink here.

² Include the name of U.S. Principal Party in Interest, if applicable.

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CUSTOMER APPLICATION PACKAGE

GENERAL CONDITIONS OF AIR CHARTER AGREEMENTS

The following conditions govern air charter agreements (“Agreement”) with Rock-it Cargo USA LLC and are in addition to the Rock-it Cargo USA LLC Terms and Conditions of Service; in the event of a conflict between these General Conditions of Air Charter Agreements and the Rock-it Cargo Terms and Conditions of Service, these General Conditions of Air Charter Agreements override all other terms and conditions, express or implied, statutory or otherwise, and shall not be varied except by express written agreement between the parties.

1. Payment of the Charter Price shall be made by Charterer by wire transfer to the account indicated above on or before the date(s) specified in the Agreement and in U.S. dollars. Time is of the essence with respect to all payment terms. In the event Charterer fails to make payment as required or fails to fulfill any other obligation under the Agreement, Agent will be entitled to cancel the Agreement by simple notice, without any formal notification or judicial intervention, and without prejudice to Charterer’s obligation to pay the charter cancellation fees as stated in the Agreement. Furthermore, without prejudice to any other right or remedy of Agent, the Agreement may be terminated forthwith by Agent if Charterer commits any act of bankruptcy, becomes insolvent, enters into or is subject to any arrangement or composition with creditors, dies, or goes into liquidation, or if Agent concludes that a material adverse change has occurred in the business, assets, condition, operations, or prospects of Charterer.

2. The cancellation terms set forth above apply within the stated time periods. In addition, if Charterer cancels in order to obtain alternative transportation, or if Agent cancels due to a (A) failure of Charterer or its agents, officers, or employees to comply with the laws or regulations of any government or government agency having jurisdiction, (B) Charterer’s material misrepresentation in any data or documentation supplied or to be supplied to Agent or Carrier by Charterer, or (C) Charterer’s failure to comply with any other material term of the Agreement, Agent shall be entitled to retain 100 percent of said price. It is agreed between Charterer and Agent that said sums are to be retained as liquidated damages, it being understood that it would be impracticable and extremely difficult to fix the actual damages to Agent resulting from such cancellations at the time of execution of the Agreement. It is specifically agreed that the sums set forth above as liquidated damages are reasonable in view of all vagaries and complexities of charter air transportation.

3. The Charter Price covers the cost of the loading and off-loading of the aircraft but shall not be deemed to cover any expenditure of any other nature unless specifically agreed in writing by Agent.

4. In the event the cargo, in the reasonable opinion of Agent, is incapable of normal stowage, Agent reserves the right to reasonably increase the Charter Price in order to transport Charterer’s goods.

5. The Charter Price in the Agreement is based on current costs at the date hereof. In the event Agent, through reasons beyond its control, incurs any increase in its costs between the date hereof and commencement of the Charter, Agent will accordingly increase the Charter Price to take account of such increase.

6. Agent reserves the right to reasonably increase the Charter Price in the event of deviation from any of the conditions herein contained or specifications set out in the schedule through the action of or at the request of Charterer.

7. Agent shall procure the Carrier to provide the Aircraft at the commencement of the Flight properly manned and equipped in accordance with the laws and regulations of the country of registration of the Aircraft and the Aircraft shall be operated in accordance with all applicable laws and regulations during the period of the Flight(s). Agent will make every reasonable effort to transport the cargo on the flight(s) specified in the Schedule. The times shown in the Schedule are approximate and are not guaranteed and the Carrier is entitled to deviate from the Flight Schedule and/or the duration of the Flight and/or to reduce maximum payload. The captain of the Aircraft shall have complete authority and discretion concerning preparation of the load carried, its distribution, and the Aircraft for flight, including whether a Flight shall be undertaken or abandoned once undertaken, whether deviation from proposed route(s) occurs, where landing shall be made, and all such other matters relating to the operation of the Aircraft. If Carrier shall find that landing facilities at any point on the itinerary of the charter flight are, in its opinion, not adequate for safe use on the charter flight at such point, or if landing is prohibited or restricted by law, regulation, weather or operating conditions, Carrier may substitute in place thereof the nearest point at which, in its judgment, suitable facilities are available and landing can be made. Charterer agrees to accept all such decisions as final and binding.

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8. In the event that:(i) any agreement between Carrier and Agent in respect of aircraft is terminated for whatever reason; or(ii) the Aircraft is detained (whether lawfully or not) by any third party (including but not limited to, detention by any aviation or airport authority, overflight authority, or by way of lien or requisition for hire or otherwise); or(iii) Carrier has an administrator, receiver, administrative receiver, trustee, or other like person appointed over a part or all of its assets or business (or any event analogous thereto occurs in any jurisdiction in which Carrier conducts business) and as a result, Carrier is unable to perform the flights at the same cost to Carrier; or(iv) if Carrier becomes insolvent, enters into voluntary liquidation, or is compulsorily wound up (or any event analogous thereto occurs in any jurisdiction in which Carrier conducts business); or(v) Carrier, for any reason, fails to hold or maintain an Air Operator’s certificate,

then Agent shall use its reasonable and best efforts to find an alternative carrier to operate such flights as may be affected by the occurrence of any of the above events (“Affected Flights”) at the same cost to Charterer.

In the event that Agent is able to arrange an alternative carrier to operate the affected flight(s), but only at an additional cost, Agent shall notify Charterer forthwith and Charterer shall have the option to charter the Aircraft operated by the alternative carrier provided that, if it so elects, it shall pay to Agent such additional costs upon demand. If Charterer does not so elect, Agent shall thereupon be under no further obligation or liability to Charterer in relation to the Affected Flight(s).

Charterer acknowledges and agrees that Carrier is reserves the right, without assuming any liability, to refuse carriage of cargo where:(i) the transportation, exportation, or importation of the cargo is prohibited by the laws of any country from, to, or over which the Aircraft is to be flown; or(ii) the cargo is packed in a manner unsuitable for carriage by aircraft; or(iii) the cargo is not accompanied by the requisite shipping documents; or(iv) the cargo is likely to endanger aircraft, persons, or property, or cause annoyance to passengers.

9. All ground and operating personnel, including cabin staff, are authorized to take orders only fom the Carrier unless specific written agreement shall first have been obtained from Carrier whereby certain defined instructions may be accepted by such personnel from Charterer.

10. Agent gives no representation or guarantee that the cargo is suitable for loading onto the Aircraft. Agent accepts no liability for any loss, damage, or inconvenience caused or incurred by Charterer in the event the cargo is not suitable.

11. Agent does not guarantee shipment of the cargo on any Flight in the event of late delivery of the Cargo by Charterer. Agent accepts no liability for any loss or damage incurred by Charterer in the event of late delivery of the cargo which results in late carriage of the cargo and Charterer agrees to pay to Agent any additional costs incurred as a result thereof. In the event a flight is delayed due to late delivery of the cargo or the cargo is not ready to be loaded in accordance with the schedule through no fault of Agent or Carrier, Charterer shall also pay demurrage at the rate set out in the Charter Agreement.

12. Agent shall not be responsible for accommodation, refreshments, meals, or any additional costs, losses, or damages incurred in respect of passengers accompanying the cargo due to any delay of any flight, whatsoever the cause, unless specifically stated on the Schedule in the Charter Agreement.

13. Agent may in its discretion substitute the Aircraft and/or Carrier, and such substitute aircraft and carrier shall be comparable to the originally designated aircraft and carrier, and for purposes of the Agreement, be the aircraft and carrier hereunder. In the event Customer authorizes a back-up aircraft be reserved, Customer agrees to pay any additional charges for same.

14. Charterer shall deliver the cargo to the departure airport specified in the Schedule properly packed to the satisfaction of Carrier and all necessary cargo documentation relating to its carriage to Agent’s premises or another designated point no less than the stated number of hours in the Charter Agreement prior to the estimated time of departure of the flight. Charterer shall be solely responsible for ensuring that the cargo is packed in an appropriate manner for air carriage so as to ensure that it an be carried safely on the flights with ordinary care in handling and so as not to injure or damage any persons, goods, or property. Charterer is responsible for providing accurate information for the issuance and delivery of all airway bills and other necessary documents to all consignors of the cargo.

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15. Consistent with Charterer’s responsibilities for packing the goods, if applicable, and for determining the suitability of the cargo for air carriage, damage or loss to the cargo during the loading and unloading of the cargo due to Charterer’s packing and suitability of the cargo shall be at the sole risk of Charterer and Agent shall have no liability to Charterer in respect thereof.

16. Carrier’s decision as to the utilization of space on its aircraft shall be final. Carrier or Agent shall be entitled to utilize any cargo area or payload on a flight chartered by Charterer which is not utilized for the carriage of Charterer’s cargo.

17. Agent shall not be liable for any failure by Agent or Carrier to perform its obligations under the Agreement arising from any cause beyond the control of Agent or Carrier or for any inconvenience, loss, or damage of whatsoever nature incurred by Charterer as a result of cancellation of or delay in the completion of the Charter occasioned directly or indirectly by any cause of whatsoever nature beyond the control of Agent or Carrier, and by way of example only (but not by way of limitation) any of the following: Strikes, lock-outs, or other industrial action, whether of an official or unofficial nature and whether or not the demands of the employees involved are reasonable and within the power of Carrier or Agent to concede or comply, sabotage, civil commotion, riot, invasion, war, civil war, revolution, blockade, threat of or preparation for war, accident, fire, explosion, accidents to or mechanical malfunction or failure of aircraft, hijack, storm, flood, frost, fog, ice, earthquake, subsidence, epidemic, or other natural physical disaster, seizure confiscation or requisition of aircraft or cargo, non-availability of fuel, refusal of permits and overflying rights, traffic rights or diplomatic clearance.

18. Charterer will comply with and ensure that all passengers accompanying and owners of the cargo observe and comply with all applicable laws, regulations, orders, decrees, directions, permits, licenses, and authorities granted for the flights and/or issued by any relevant governmental or other authority, including but not limited to, Customs, Police, Public Health, and all other relevant regulations and authorities in jurisdictions where the aircraft originates and lands, and that such passengers comply with all relevant requirements, whether documentary or otherwise, in respect of themselves or their baggage and pay all taxes and dues which may be levied in connection with their baggage or otherwise upon such passengers. Agent accepts no liability of any nature for cargo or baggage which may be refused entry, detained, impounded, or confiscated by any authority or for cargo or baggage which the Carrier may refuse to carry if its refusal is required by any applicable law, regulation, demand, order, or requirements. Agent is not liable for any costs or expenses incurred by Charterer as a result of a breach by Charterer of any of the conditions contained herein. Charterer will indemnify Agent against any loss, damage, or inconvenience incurred by Agent as a result of a breach by Charterer or any such person of the aforesaid regulations or requirements. In the event Charterer requests that any passenger(s) accompany the cargo, approval of Carrier is required; Agent will forward Charter’s request to Carrier. If approved by Carrier, Charterer is solely responsible for any insurance for such passenger(s).

19. Charterer shall ensure that neither the cargo nor the baggage of any passenger accompanying it shall contain anything of a dangerous, hazardous, or offensive nature or of which the carriage, exportation, or importation of which is illegal in or prohibited by any country or state in which the aircraft shall land or which it shall overfly. Dangerous goods, human remains, and other special cargo are acceptable only under the conditions set forth in the Carrier’s General Conditions of Carriage applicable to the carriage of such cargo and in accordance with the International Air Transport Association (“IATA”) rules and regulations pertaining thereto. Charterer acknowledges and agrees that the aircraft will not be utilized for the carriage of illegal air transportation, prohibited dangerous cargo, unauthorized military cargo or munitions, or chemical or biological weapons of war. Charterer shall notify Agent in writing of any such cargo or baggage and shall, if required by Agent, procure additional insurance waivers in respect thereof. Agent reserves the right at any time to refuse to carry any such cargo or baggage and shall not be liable to Charterer for any loss, damage, or inconvenience incurred by Charterer as a result of such refusal. Charterer shall, whenever required, furnish the information about the packing, carriage, or delivery of the cargo, and deliver the documents as may be necessary to comply with such laws and regulations. Charterer shall be solely responsible for the correctness of the information in the shipping documents and shall indemnify Agent against all damages and losses suffered by Agent, or by any other person to whom Agent may be liable, by reason of any irregularity, incorrectness, or incompleteness of the information in the shipping documents.

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20. Agent shall not be liable to Charterer, or owners of or other persons having an interest in the cargo due to any delay, variation to cancellation of any flight, or the non-availability of the Aircraft. Charterer shall indemnify Agent, its managers, directors, officers, employees, agents, and subcontractors against any and all costs and expenses incurred by Agent with respect to the carriage of the cargo. In addition, Charterer agrees to pay Agent on demand all costs incurred by Agent and/or Carrier in returning or transporting any cargo carried pursuant to the Agreement to the point of origin of the Flight or to any other point pursuant to the direction of any competent authority in any country to, from, or over which the Aircraft is flown.

21. Charterer is not entitled to assign the Agreement and the benefits thereunder to any other party or to assign or sub-contract any of its obligations hereunder without the written consent of Agent.

22. Carriage performed in pursuance of the Agreement shall be subject to the Conditions of Carriage contained or referred to in the traffic documents of Carrier, including its General Conditions of Carriage (SUCH CONDITIONS OF CARRIAGE ARE AVAILABLE UPON REQUEST) and Agent’s Terms and Conditions (TERMS AND CONDITIONS ARE AVAILABLE AT www.rockitcargo.com). Agent is not and does not accept the obligations of a “Common Carrier.” The Agreement and the transportation and carriage performed or to be performed thereunder on international flights may be governed by the rules and limitations relating to liability established by the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, 12 October 1929 and that Convention as amended at The Hague, 28 September 1955 (collectively “Warsaw Convention”), and/or by the rules and regulations established by the Montreal Convention on the Unification of Certain Rules for International Carriage signed in Montreal on 28 May 1999 (“Montreal Convention”) and related Protocols, which rules and limitations shall, to the extent such Warsaw and/or Montreal Convention is/are applicable, apply to the Flight(s) hereunder. The aforesaid applicable Convention governs and in most cases, limits the liability of carriers in respect to loss of or damage to cargo. Notwithstanding the provisions of the Warsaw Convention and/or Montreal Convention, and in any event, Agent shall not be liable for any death, wounding, personal injury, or claim of whatsoever nature whether for death, bodily injury, or property damage, or for loss or damage to or delay of cargo, whether arising in contract or tort, whether occasioned by Agent or Carrier, or their respective managers, directors, officers, employees, or agents, and Charterer hereby waives all rights and claims as aforesaid. Charterer shall be solely responsible for insuring the cargo to its full replacement value.

23. Agent shall require Carrier, when transporting livestock on behalf of Charterer, to carry a captive bolt humane killer and tranquilizers on board the Aircraft. If the captain shall, at his sole discretion, deem it necessary for any reason to use such tranquilizers and/or humane killer, while such livestock is being loaded, unloaded, or on board the Aircraft during flight or otherwise, Charterer shall indemnify Agent against all costs, expenses, damages, losses, fees, or liabilities of whatever nature which may result from such use under any of these circumstances, and liability shall solely be borne by Charterer.

24. The Agreement may be terminated immediately upon notice from Agent to Charterer for a breach of any of Charterer’s other obligations for which a remedy is not specifically addressed in the Agreement unless Agent agrees that the breach is capable of remedy and in which case, Agent agrees that Charterer may remedy within five (5) days. In the event termination of theAgreement occurs under this Section 24, Charterer agrees, without prejudice to any other rights and remedies which Agent may have, to pay Agent forthwith all amounts due and payable hereunder, together with interest thereon at the rate specified in Agent’s terms and conditions which Charterer has signed in Agent’s customer package. Agent shall be entitled to retain all cancellation fees, costs, and any initial deposits paid by Charterer pursuant to any provisions set out in the Schedule and the Agreement.

25. Agent may, at any time and without notice to Charterer, at its sole discretion, set-off any amounts paid by Charterer to Agent pursuant to the Agreement against any other amounts due to Agent from Charterer.

26. No failure by Agent to exercise, and no delay by Agent in exercising, any right or power under the Agreement shall operate as a waiver nor shall any single or partial exercise of any right or power under the Agreement preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.

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27. Any notice required under the Agreement shall be in writing and shall be deemed duly given as of the date of the notice delivered by overnight courier or by facsimile to the parties’ addresses provided below.

28. No party has relied on any warranty, representation, or indemnity of any other party except as expressly stated in the Agreement.

29. Charterer agrees that no claims will be made against Agent with respect to any representation, warranty, indemnity, or otherwise arising out of or in connection with the charter of the Aircraft except where such representation, warranty, or indemnity is expressly contained in the Agreement.

30. Charterer agrees that Agent shall not be liable in any event for consequential, indirect, incidential, special, or punitive damages or losses, including loss of profit or anticipated profit, arising from the performance or non-performance of any Flight or any of Agent’s obligations hereunder, whether or not Agent may have had knowledge of same.

31. The Charter Price, payment terms, and other terms of the Agreement are confidential to the parties and shall not be disclosed by a party without the prior written consent of the other party.

32. All indemnities contained in the Agreement shall survive termination of the Agreement.

33. No modifications to the Agreement shall be effective unless made in writing and signed by authorized signatories on behalf of both parties.

34. To the extent not governed by applicable federal statutes, the laws of the state of California shall govern the validity, construction, and performance of the Agreement and all controversies and claims arising hereunder. Charterer agrees that the forum for any litigation arising out of the performance of the Agreement, whether initiated by Charterer or Agent, shall be Los Angeles, California.

35. The Agreement sets out the entire agreement and understanding between the parties in connection with the charter of the Aircraft described herein.

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