Shipping Shipment Request

SHIPPING SHIPMENT REQUEST

This Shipping Shipment Request and Service Agreement (the Agreement) is entered into as of between:

RECITALS

WHEREAS, Shipper requires transportation, handling and delivery services for certain goods and seeks to engage Carrier to perform such services under the terms and conditions set forth herein; and

WHEREAS, Carrier represents that it is duly licensed, insured, and qualified to provide the requested transportation services and agrees to perform such services in accordance with applicable law and industry standards;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

SCOPE OF WORK

SHIPMENT DETAILS

Hazardous materials: Yes — if checked, Shipper certifies proper declaration and packaging.

PAYMENT TERMS

Shipper agrees to pay Carrier the fees set forth below for the services described in this Agreement.

All fees are due in full and are non-refundable except as expressly provided in this Agreement. Carrier may suspend services for non-payment after written notice and the expiration of the notice period specified in Term and Termination.

TERM AND TERMINATION

This Agreement commences on and continues until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period specified above. Termination does not relieve either party of obligations incurred prior to the effective date of termination, including payment for services performed.

CONFIDENTIALITY

Each party agrees to keep confidential all non-public business and technical information disclosed by the other party in connection with this Agreement ("Confidential Information"). Confidential Information shall not include information that is or becomes public through no fault of the receiving party, is rightfully received from a third party without restriction, or is independently developed. The obligations in this Section shall survive termination of this Agreement for a period of three (3) years.

LIABILITY; INSURANCE; INDEMNIFICATION

Carrier shall maintain insurance customary for the transportation of goods, including cargo insurance and liability insurance, and shall provide certificates of insurance upon reasonable request. Except to the extent caused by Carrier's gross negligence or willful misconduct, Carrier's liability for loss, damage or delay shall be limited to the declared value of the shipment or the actual invoice value, whichever is less. Shipper shall indemnify and hold Carrier harmless from claims arising from Shipper's misdeclaration, improper packaging, or breach of applicable law.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to that state's conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, including any attachments or shipment-specific confirmation documents executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings. Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties.

ADDITIONAL PROVISIONS

Notices required under this Agreement shall be given in writing and delivered to the addresses provided above. Parties shall cooperate in documentation required for export, import, customs clearance and compliance with applicable regulations; failure to provide accurate documentation relieves Carrier from liability for resulting delays or penalties.

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