These are General Terms and Conditions (‘Terms’) of the Company, which independently, or together with any Transport Document, or Quotation, or Booking Confirmation form a valid contract between the Company and the Customer.

Definitions

1.1. The following terms shall have the meaning as under:

Authority: means any duly constituted legal or administrative Person, which exercises jurisdiction or has authority within any nation, state, municipality, port, or airport.

Company: means the entity which enters into a contract with the Customer for supply of Services.

Compass: means the brand name and/or registered trademark ‘Compass’, which the Company owns or has brand license to use..

Country: means the where the Company is registered.

Currency: means the Currency of the Country.

Customer: means any Person for whom, for whose benefit, or at whose request, Company directly or indirectly renders services, including all of the Person’s agents, contractors, and/or other representatives, including shippers, importers, exporters, notify parties, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, holders and assignees of Transport Documents, Storage Documents or other commercial documents, and other similar parties. Customer shall give copies of these Terms to all such Persons.

Documentation: shall mean all information received directly or indirectly from Customer, whether in paper or electronic form.

Government: means any applicable nation, state, province, district, county, municipality, public corporation, or any court, tribunal, department, subdivision, agency or instrumentality of any of the foregoing.

IMDG Code: International Maritime Dangerous Goods Code.

Laws: means each present and future law, statute, code, rule, regulation, ordinance, rule of law, principle of law, order, decree, judgment, guidance, or the equivalent enacted, ratified, adopted, promulgated, or issued by an applicable government, and all international conventions or otherwise mandatorily applicable under the laws of the Country.

MSDS: Means Material safety Date Sheet.

Person: includes an individual, trust, estate, partnership, association, business or nonprofit organization, Governmental Unit, or other legal entity.

Services: means the whole or any part of any physical, management, agency and/or logistic services or activities of whatsoever nature undertaken by the Company in respect of, or for, the Customer in relation to Goods, including but not limited to loading unloading, packing unpacking, stuffing, de-stuffing, transporting, carriage, warehousing, storage and any other related operations and services of whatsoever nature undertaken by or performed by or on behalf of the Company by Third Parties in relation to the Goods.

Storage Document: means a warehouse receipt, storage agreement, or other document evidencing the receipt of goods for storage, distribution or other handling.

Terms: such as “liability”, “obligation”, and “responsibility" include every duty to pay money, deliver value, provide services, perform an act, or refrain from performing an act.

Third Party: means each of the following, by whomever chosen or compensated: carrier, truckman, cartman, lighterman, forwarder, ocean transportation intermediary, ocean freight forwarder, non-vessel operating carrier, customs broker, agent, warehouseman, and each other Person to whom goods are entrusted for transportation, carriage, cartage, drayage, handling, delivery, storage, distribution, clearance, entry, or other service or activity.

Transport Document: means a bill of lading, waybill, forwarder’s cargo receipt, contract of carriage, or other document issued by Company evidencing the receipt of goods for carriage.

1.2. Terms such as “includes” and “including” are not limiting. All references to documents include documents in paper or electronic form. The captions are for convenience only and are not part of these Terms. These Terms shall be construed without regard to any presumption or rule requiring that they be construed against the Person causing all or part of them to be drafted. If these Terms conflict with the terms of a Transport Document or Storage Document issued by Company, the Transport Document or Storage Document controls. If any part of these Terms is held invalid or unenforceable in a jurisdiction by a final, non-appealable judgment, the judgment does not affect the validity or enforceability of any other part of these Terms in that jurisdiction or of any part hereof in another jurisdiction.

2.Compass’ Role

2.1.The Customer acknowledges that the Company acts as the direct agent of Customer in all cases unless the Company expressly agrees to act in any other capacity.

2.2. Unless the Company otherwise agrees, it has complete freedom in choosing the means, routes, and procedures to be followed in handling, transporting, loading, unloading, storing, clearing, entering, delivering, distributing, or otherwise dealing with the goods, and in choosing the third parties to perform these services. All such third parties shall be considered as the agents of Customer, therefore, Customer shall bear cost for their services, if were not expressly agreed by Company. Advice by Company to Customer that a particular Person has been selected to render Services shall not be construed to mean that such Person will render such Services, or Company will bear the cost unless agree in advance.

3. Quotations Not Binding

3.1. Company’ Quotations are for informational purposes only, thus, must not be considered as an offer of a binding contract, therefore, they are subject to change without notice to the Customer, consequently, no quotation binds Company unless Company expressly agrees to handle or transport the goods at specific rates and payment terms.

3.2. The information provided in the quotation, such as pricing, services, and other details, are confidential and strictly for the benefit of the Customer addressed. Prior written consent from Company is needed to share the information with any Third Party.

3.3. This quotation is valid for 30 days, unless otherwise specified, and supersedes all previous rates and correspondences and all agreements. Company reserves the right to change rate as mentioned in its sole discretion, in such an event, the customer will be notified accordingly.

3.4. The Company reserves the right to choose the carrier unless informed by customer for the carrier restriction or to choose particular carrier due to custom clearance at particular terminal.

3.5. Fuel, Currency, Security / War Risk and other surcharges imposed by land, sea or air carriers which are rated at current levels are subject to change at the carrier’s discretion.

3.6. The rates mentioned in the quotation are subject to:

• 3.6.1. Destination Terminal Handling Charges (THC) and other local charges.

• 3.6.2. Inspection fee, if required by any authority or at the load port due to random inspection and subsequent detention / demurrage charges as per official receipt

• 3.6.3. General Rate Increase (GRI)/Rate Restoration (RR)/Peak Season Surcharge (PSS) or any kind of sudden increase by carrier at the time of the booking.

3.7. All charges/expenses mentioned in Clause 3.6 above must be borne by the Customer in addition to the amount mentioned in the quotation.

3.8. Special equipment is subject to additional fee if re-positioning is required and/or if time is needed to arrange it from another location.

3.9. At the actual time of shipment, if the weight and dimensions / volume change and/or container size differ from what was submitted for the initial quote, then the actual charges at the time of shipment shall be borne by the Customer.

3.10. This quotation does not include insurance. Insurance is the liability of Shipper/Consignee/Customer; therefore, Company will not bear any kind of liabilities due to any reason whatsoever for Customer’s failure to, or choice to not, avail insurance. The Customer desirous of availing insurance coverage for their cargo must obtain such insurance at his own cost and expense from outside the Company.

3.11. Quotation is subject to weight limitations and weight distribution requirements in accordance with the local and national rules and regulations of the country(ies) of transit.

3.12. Transit time mentioned is as per the information provided by carriers. Company is not responsible for any delay; however, Company takes reasonable measures to assure that every effort is done to push the carrier for delivery of cargo on time.

3.13. Rates mentioned in the quotation are apply to general cargo only and do not apply to perishable, dangerous/hazardous and oversized cargo, unless explicitly mentioned in the quotation.

3.14. Dangerous cargo, as defined by the International Maritime Dangerous Goods Code (IMDG Code) and for shipments from, and/or to and/or within the United States, as defined by The Code of Federal Regulations, (Title 49), shall apply, where applicable, provided it is approved by the line/carrier at the time of booking.

4. Customer’s Obligations

4.1. Customer shall:

• 4.1.1. Provide all documents (including without limitation any certificates, licenses or permits etc. required for the cargo) and information required to handle, MSDS, transport, load, unload, store, clear, enter, deliver, distribute, and otherwise deal with goods (including but not limited to commercial invoices in proper form and number, other documents necessary or useful in the preparation of the customs entry, and such further information to enable Company to perform services, including the dutiable value, weights, measures, number of pieces, packages, cartons or containers, condition of the goods, classification, country of origin, genuineness of the goods and any mark or symbol associated with them, Customer’s right to export, import and/or distribute the goods, and the admissibility of the goods, pursuant to Law, all in the languages of and as may be required by the laws of the country of origin or of destination);

• 4.1.2 Immediately advise Company of any errors, discrepancies, incorrect statements, or omissions in any document or other information:

• 4.1.3 Review all documents, declarations, security filings, and other submissions prepared or filed with any Government or any other Person; and

• 4.1.4 maintain all records required under any applicable law. Unless otherwise agreed, Company does not act as a “record-keeper” or “third-party record- keeper” for Customer, therefore, Company has no liability for any action taken or fines or penalties assessed by any Authority for Customer’s failure to comply with any applicable laws.

4.2. Company has no liability for increased duty, penalty, fine or expense, unless caused by proven negligence of the Company, in which case its liability is governed by the provisions of Clauses 7 and 8 below.

4.3. Customer represents, warrants and covenants the accuracy, sufficiency, and completeness of all documents and information furnished to Company by or for Customer. Company has no duty to inquire into the accuracy, sufficiency, or completeness of any documents or information and in no instance shall be charged with information that Customer fails to give in writing. Company may rely on all documents and information furnished to Company. If Customer fails to perform its relevant part under the Terms, the Company may use its discretion in connection with the goods.

4.4. Customer represents, warrants and covenants that it is and will remain in compliance with all applicable laws. Customer shall also comply with all applicable laws of any country or other jurisdiction to, from, though, over or in which any goods may be carried, including all applicable Laws relating to the marking, packing, carriage, storage, clearance or delivery of the goods. It is responsibility of the Customer to ensure compliance with any Trade Restrictions or Sanctions enforced by a country, an international body or a regional organization. In case of any violations of such Trade Restrictions or Sanctions by the Customer, the Customer shall hold the Company harmless and indemnify it for any loss, damages or costs incurred by the latter. Customer represents, warrants and covenants that the export jurisdiction and classification of all goods is correct and that it shall immediately notify Company in writing of any changes to such information.

4.5. Customer further represents, warrants and covenants that all goods are properly marked, addressed, and packaged to withstand ocean transport, air transport, and ground transport. Company is not liable to Customer for loss, damage, expense or delay due to the Customer’s failure to comply with these Terms. Customer shall indemnify and hold Company harmless against any and all claims, losses, or damages arising from the conduct of Customer or any of its officers, directors, employees, agents, owners or other Persons working for or with Customer under these Terms that constitutes a violation of the Customer’s obligations, representations, warranties and covenants contained herein.

4.6. Where Company prepares and/or issues a Transport Document or Storage Document, Company has no obligation to specify thereon the number of pieces, packages and/or cartons etc. or the condition of the goods.

5. Shipment, Custom Clearance and Payment

5.1. Carrier reserves the right to stow cargo in the best interest of the vessel and in compliance with local, national and international rules, regulations, and conventions.

5.2. On deck shipments at shipper’s risk.

5.3. The consignee shall arrange a float advance amount to Company towards customs duty/port charges in order to avoid unnecessary delays during the customs clearance process

5.4. All freight charges as well as surcharges are payable immediately upon receipt of our freight invoice without any deduction. Customs duties and other official government charges which are payable to port of entry and authorities have to be paid in advance. Company reserves the right that all business is transacted CASH AGAINST DOCUMENTS, if not negotiated and agreed otherwise in a separate written form. Contact your Company representative for a Credit Application Form. The signature of such form has to be certified by the applicable and accepted chamber of commerce & industry by the Company. Any container detention, truck waiting, damage, cleaning charges, if any, will be debited separately as per outlay

5.5. Any additional costs, fines etc. caused by the importer and/or exporter or his suppliers such as detention charges, claims due to damaged containers, storage charges in the port etc. have to be paid immediately by the customer.

5.6. All charges must be paid by Customer in advance unless Company agrees in writing to extend credit to Customer; the granting of credit to a Customer in connection with a particular transaction shall not be considered a waiver of this provision by Company. Company may in its sole discretion extend credit to Customer. The amount and terms of credit are subject to Company’ periodic review. Company may in its sole discretion increase, decrease, suspend or revoke credit at any time for any reason and without advance notice. Except to the extent Company otherwise agrees, Company has no obligation to make or incur any expense, guarantee or advance for any purpose.

5.7. The compensation of Company for its Services and advances shall be included with and is in addition to the rates and charges of all third parties to handle, transport, load, unload, store, clear, enter, deliver, distribute or otherwise deal with the goods, and shall be exclusive of any brokerage, commissions, dividends or other revenue received by Company from insurers or other Persons. Customer shall pay all costs, expenses and fees (including reasonable attorneys’ fees) incurred by Company in connection with (a) the enforcement of payment or performance of any indebtedness or obligation of Customer (including by any action or participation in, or in connection with, a bankruptcy or insolvency proceeding, wherever pending) or (b) any dispute between Company and Customer or any other Person. All amounts owed to Company must be paid in the lawful currency specified in Company’ invoices in immediately available funds, without abatement, counterclaim, set-off, recoupment, and free and clear of, and without any deduction or withholding for, any taxes, duties, confiscation, detention, or other matters.

6. Insurance

6.1. Unless Company otherwise agrees, Company has no obligation to procure or pay for insurance of goods. In the event, the Company agrees to procure insurance at the request and cost of the Customer, Company reserves the right to select the insurance companies and underwriters. The insured shall have recourse against the insurer only and not against Company. Customer is responsible for all insurance premiums and for Company’s charges to arrange for insurance.

7. Limitation of Liability for Loss, Damage, Expense or Delay.

7.1. The Company has no obligations other than those mentioned in these Terms or in any Transport Document or Storage Document issued by the Company. Except as specifically set forth in these Terms, the Company makes no express or implied warranties in connection with its Services.

7.2. In the absence of proven negligence or other fault by Company while the goods are in the physical custody of Company, Company has no liability whatsoever for any loss, damage, expense or delay.

7.3. Company shall be relieved of liability for any loss or damage if and to the extent that such loss or damage is caused by:

• 7.3.1. Customer’s negligence or wrong declaration.

• 7.3.2. An event of Force Majeure like strike, lock-out, stoppage or restraint of labor, fire, acts of God, the consequences of which Company is unable to avoid by the exercise of reasonable diligence.

• 7.3.3. An event of General Average (GA) declared by a vessel owner. In such event the Customer is responsible to contribute the amount which is fixed by underwriter/ vessel owner under

7.4. Subject to the further limitations of liability in Clauses 7.5 and 7.7 below, Company’ liability for any loss, damage, expense or delay resulting from the proven negligence or other fault of Company is limited as follows:

• 7.4.1. If the claim arises from Company’s Customs brokerage services, the lesser of Thirty US Dollars (USD30) per entry or the amount of brokerage fees paid to Company for the entry.

• 7.4.2. In the case of claims for loss or damage to goods:

• 7.4.2.1. the value of any goods lost or damaged, or

• 7.4.2.2. a sum at the rate of Ten US Dollars (USD 10) per kilo of gross weight of any goods lost or damaged, subject to a limit of Five Thousand US Dollars (USD 5,000) per shipment, whichever shall be lower.

• 7.4.3. If clauses 7.4.1 and 7.4.2 do not apply, the lesser of Fifty US Dollars (USD 50) per shipment or the commercial invoice value of the shipment whichever is lesser.

7.5. For the purposes of Clause 7.4, the value of the goods shall be their value when they were or should have been shipped not the value when they were purchased. It is the duty of the Customer to prove such value.

7.6. Customer acknowledges that Company and third parties to whom goods are entrusted limit their liability for loss, damage, expense, or delay. Customer may obtain an increase in the liability of Company above the limits set forth in Clause 7.4 above if Company agrees to the request before it renders any Services, and the agreement sets forth the limit of Company’s liability and the additional compensation received or paid for the added liability. The Customer agrees and understands that any valuation that Customer places on the goods shall be considered for export or customs purposes only.

7.7. As a further limitation on Company’s liability, Customer agrees that the maximum aggregate of Company’s liability to Customer for any charges, claims, damages, liabilities, judgments, costs, expenses, payments or losses of any kind during any calendar year that are not already limited by other provisions of this Clause 7, whether or not the same arise out of or relate to Services performed by Company, shall be no more than the lesser of the following:

• 7.7.1. Five Thousand (USD 5,000)

• 7.7.2. actual, direct damages; or

• 7.7.3. the total services charges paid by Customer to Company for the Services rendered by the Company.

7.8. As a further limitation on Company’s liability, Customer agrees that Company shall in no event be liable for any indirect, incidental, consequential, punitive, statutory or special damages, including lost profits, income or opportunity even if Company is on notice of the possibility of any such damages or for the acts or omissions of any other person and however arising, including for breach of contract, tort, negligence, willful or intentional acts or omissions.

7.9. The limitations and exclusions in this Clause 7 apply even if they cause any remedy otherwise available to fail of its essential purpose and without regard to Company’ performance of failure or delay of performance.

7.10. Customer hereby waives all rights and remedies under the Carmack Amendment, where applicable.

7.11. Customer agrees that Goods may be entrusted to third parties subject to all conditions as to limitations of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions appearing in Transport Documents, Storage Documents, receipts, tariffs, or other documents issued by such Persons. Company has no additional liability for any loss, damage, expense, or delay caused by the acts or omissions of third parties.

8. Limitation of Actions

8.1. With respect to any act or omission by Company, Customer must present to Company at Company office:

• 8.1.1. a preliminary notice of claim within fourteen (14) days after the loss or incident giving rise to the claim on the prescribed Claim Form; and

• 8.1.2. a formal written sworn proof of claim within sixty (60) days from the date of loss or incident giving rise to the claim. Failure to satisfy these requirements is a complete defense to any suit or action by Customer, to the extent Applicable Law does not mandatorily provide otherwise.

8.2. As an additional requirement, any suit to recover on a claim against Company must be commenced within one (1) year after the date of delivery or release of the goods, the date when the goods should have been delivered or released, or the date when any other loss, damage, expense, or delay first arose.

9. Indemnification

9.1. Customer shall indemnify Company and hold Company harmless from and against all charges, claims, damages, liabilities, judgments, costs, expenses, payments or losses of any kind (including for purchase price, freight, storage, demurrage, detention, duties, taxes, fines, penalties, incidental, indirect, consequential or exemplary damages, and Company’ litigation expenses and reasonable expenses, including attorneys’ fees) arising from or related to any one or more of the following:

• 9.1.1. any breach of any representation, warranty, covenant, agreement, undertaking, consent, or waiver by Customer;

• 9.1.2. any failure of Customer to pay or perform when due its obligations to Company or to any other Person (including any Government authority, carrier, vendor, holder or assignee of any Transport Document, Storage Document, or other commercial document).

• 9.1.3. any claims of a General Average nature which may be made against the Company.

• 9.1.4. Customer’s violation of any laws, Trade Restrictions or Sanctions, or failure to disclose, correct, or complete any entry, export, security or other data or documents; and

• 9.1.5. any other claim by any such other Person, in each case, even if not due to any negligence or other fault of Customer or caused by the Goods provided by the Customer due to any reason whatsoever.

9.2. If any action, claim, suit or proceeding is brought against Company, Company shall give notice in writing to the Customer by email or mail to the address on file with Company. At Customer’s expense, the Company may employ attorneys and other professionals of its own choice in connection with any indemnified matter.

10. Sale of Perishable Goods

10.1. Perishable goods or live animals for which Customer gives no instructions for disposition may be sold or otherwise disposed of without any notice to the Customer, owner, or consignee, and payment or tender of the net proceeds of any sale after deduction of charges is equivalent to delivery of the goods. If for any reason a shipment is refused or remains unclaimed at any place or is returned, the Customer must still pay Company for all charges and expenses in connection with the goods. Nothing obligates Company to forward, enter or clear the goods or arrange for their disposal.

11. General Lien

11.1. Company has a general lien on any and all property (and documents relating thereto) now or hereafter in Company’ possession, custody or control or enroute as security for all existing and future indebtedness and obligations of Customer to Company. This lien is in addition to any other rights and remedies Company may have under other agreements or Applicable Law and shall survive delivery or release of any property. Company has the right to withhold delivery or release of any property if Customer is in breach of any indebtedness or obligation to Company, even if not related to such property.

11.2. If any such indebtedness or obligation is unsatisfied, Company may, and without the need to obtain any judgment or decree from the court or tribunal, and in addition to all other rights and remedies under other agreements and/or applicable Law, exercise all of the rights of lien by selling the goods on any price to recover its dues. Any notice required to be given of a sale or other disposition made at least seven (7) days before a proposed action constitutes fair and reasonable notice. Any surplus from the sale or other disposition, after deduction for all sums owed to Company, shall be transmitted to Customer, and Customer shall be liable for any deficiency.

11.3. In connection with warehouse services provided by Company, Company shall have a general warehouse lien for all lawful charges for storage and preservation of goods; also, for all lawful claims for money advanced, interest, insurance, transportation, labor, weighing coopering, and other charges and expenses in relation to such goods, and for the balance on any other accounts that may be due. Company has the right of a general warehouse lien for all such charges, advances and expenses with respect to any other goods stored by Customer in any other facility owned or operated by Company.

12. Intellectual Property

12.1. Company’ intellectual property provided, demonstrated or used in connection with any services, including databases, software, web pages, programs, processes and procedures, reports, manuals, presentations, patents, trademarks, copyrights, trade secrets, service marks, know-how and any other similar rights or intangible assets recognized under applicable Law (all of the foregoing, including source codes and similar information, “Intellectual Property”), was developed and maintained at great expense, is of great value to Company, is confidential and proprietary, and shall remain the sole and exclusive property of Company at all times. Without Company’ prior written consent, Customer shall neither directly nor indirectly attempt to or actually disclose, use, re-create, duplicate, decode, alter, change, disassemble, decompile, or reverse engineer any Intellectual Property. Customer acknowledges and agrees that a violation of any of the foregoing shall cause irreparable harm to Company.

13. Data Privacy

13.1. Customer represents, warrants and covenants that it complies with all applicable privacy and data protection Laws with respect to information (“Customer Data”) about contacts or clients of Customer or about other Persons that Customer provides to Company to enable Company to perform services. With respect to Customer Data, Customer acts as a “data controller” or similar term under applicable Law. Customer further represents, warrants and covenants that it has obtained the proper consent from all data subjects to the disclosure and transfer of Customer Data to Company. In providing services to Customer, Company may be required to share Customer Data with Governmental Units and may process Customer Data and thus act as a “data processor” or similar term under applicable Law with respect to such data and will process Customer Data in accordance with lawful instructions from Customer. Company may use Customer Data as part of its Customer account opening, general administration process (e.g., in order to carry out compliance, financial checks, invoicing, or debt recovery), and otherwise in performing services. The information may be transferred to or accessible from Company’ offices around the world.

14. Force Majeure

14.1. Company is not liable for loss, damage, expense, delay, or nonperformance resulting in whole or in part from circumstances beyond the control of Company, including but not limited to acts of God, including flood, fire, earthquake, storm, hurricane, power failure or other natural disaster, or war, hijacking, piracy, robbery, theft or terrorist activities, incidents or destruction to means of transportation, embargoes, civil commotions or riots, defects, natural or inherent vice in the goods, acts, breaches of contract, or omissions by Customer or any other Person who may have an interest in the goods, unavailability of proper means of transportation or ships, acts by any Government, including denial or cancellation of any import, export or other necessary license, strikes, lockouts, slowdowns or other labor conflicts. Customer’s failure to settle its financial obligations towards the Company shall not constitute any event of Force Majeure.

15. Severability

15.1. In the event any Clause (s) and / or portion (s) hereof is found to be invalid and / or unenforceable, in such event the remainder hereof shall remain in full force and effect.

16. Applicable Law and Jurisdiction

16.1. These Terms together with any other document shall be governed by and construed according to the Laws of the Country, without regard to conflict of law principles. The Customer irrevocably consents to the jurisdiction of the Courts of the Country for all proceedings related to disputes involving Customer and Company. Customer irrevocably consents to the commencement and transfer of all proceedings against the Company to the Courts of the Country. Customer also irrevocably consents to the commencement and to the transfer of venue in any action to any other venue in which Company is party to an action brought by itself or another Person. The Customer waives all defenses based on inconvenience of forum in all actions commenced in or transferred to the venues agreed to above.

16.2. Notwithstanding the above, in case where the Customer is subject to a claim by the Company, the Customer acknowledges that the Company has right to initiate legal proceedings against it in the Country or in any other jurisdiction where the Customer has its principal place of business. In that case, the applicable law will be that of the jurisdiction where the Customer’s principal place of business is located.

17. Application

17.1. In the event Customer want to store the Goods in Company warehouses / open yard or in other place or Company has to store the goods in any warehouse/open yard or in other place whether operated by Company or not, in such an event, the Warehousing Terms & Conditions shall be applicable. In case of any conflict between the Warehousing Terms & Conditions and these Terms, the latter shall prevail.

17.2. The incorporation of these Terms for any Services into an agreement between Customer and Company, or the act of tendering goods for transportation or storage to the Company, confirmation of booking with the Company or availing of other Services from Company shall constitute acceptance by the Customer of the Terms set forth herein.

17.3. Notwithstanding any course of dealing, course of conduct, course of performance, or usage of trade, (a) whenever reference is made to the Company’ agreement, acceptance, approval or consent, even if not specifically so stated such agreement, acceptance, approval or consent is not effective unless in writing and signed by a duly authorized officer of Company, (b) neither failure nor delay by Company to exercise any right, remedy, power, or privilege operates as a waiver, (c) no single or partial exercise of any right, remedy, power, or privilege by Company precludes any other or further exercise thereof or the exercise of that or any other right, remedy, power, or privilege, (d) no amendment, modification, rescission, waiver or release of all or part of these Terms, any Transport Document, or any Storage Document is effective without the Company’ specific prior written approval. Company may from time to time change these Terms. These Terms found can be on the following website www.compasslog.com,, and may differ from the pre-printed terms. In the event of a conflict between these Terms and the updated version on the website in effect on the date that Company commences Services, the updated version shall prevail.

17.4. For customs brokerage on shipments to the United States of America: the following notice required is to be given pursuant to 19 CFR part 111.29(b)(1): If you are the importer of record, payments to the broker will not relieve you of liability for customs charge in the event the charges are not paid by the broker. Therefore, if you pay by check, customs charges may be paid with a separate check payable to the “U.S. Customs Service” which shall be delivered to Customs by the broker:

• 17.4.1. Unless requested by the customer in writing and agreed to by Company in writing, Company shall be under no obligation to undertake any pre – or post Customs release action, including, but not limited to, obtaining binding rules, advising of liquidations, filing of petition (s) and / or protests, etc.

• 17.4.2. For customs brokerage on shipments to the United States of America, the following notice required is to be given pursuant to 19 CFR part 111.29(b)(1): If you are the importer of record, payments to the broker will not relieve you of liability for customs charge in the event the charges are not paid by the broker. Therefore, if you pay by check, customs charges may be paid with a separate check payable to the “U.S. Customs Service” which shall be delivered to Customs by the broker.