GENERAL TERMS AND CONDITIONS OF CONTRACT

These General Terms and Conditions contained herein are applicable to all dealings with the companies operating under the Asthon Cargo brand name (hereinafter, “Asthon Cargo“), The companies are: Asthon Cargo Barcelona, S.L,(CIF: B66911520), Asthon Cargo Bilbao, S.L., (CIF: B95092607) y Asthon Cargo Valencia, S.L. (CIF: B96981949)

The terms and conditions of contract are available to all our customers and contracting parties at any office location or at the following web page site: www.asthoncargo.es

1.- ACCEPTANCE OF THER GENERAL TERMS AND CONDITIONS. –

Any customer that procures Asthon Cargo‘s services agrees that these general terms and conditions apply to any service request verbally, by telex/fax, email or other means, even if not specific reference is made to these general terms and conditions.

2.- BASIS OF THE CONTRACT. –

All the services provided by Asthon Cargo will be governed by these general terms and conditions which are deemed to be agreed to in full at the time that a customer places a service order. Any claim that arises in relation to the service provided by Asthon Cargo are governed by these general terms and conditions.

3.- CUSTOMER OBLIGATIONS. –

The customer, directly or through their agents and/or a third party will guarantee Asthon Cargo that the description of the goods is accurate with respect to their characteristics, description, labelling, numbers, quantity, weigh and volume. The customer will indemnify for any loss, damage, failures and/or penalties sustained as a result of inaccuracies in the abovementioned information.

Additionally, the customer expressly states that the packaging provided can withstand the procured service and will assume full liability in the event of omission of or insufficient or erroneous information. The customer understands and agrees that neither Asthon Cargo nor its agents or representatives are capable of verifying the veracity of the information referred to in this clause, and in particular the condition of the goods.

Payment of invoices by the customer will not be conditioned and/or limited under any circumstance. The customer agrees that they have no right under any circumstances to withhold payment due to Asthon Cargo, including invoices and expenses, as a result of claim on behalf of the customer relating to any possible loss or damage to the goods. .

4.- ASTHON CARGO OBLIGATIONS. –

Asthon Cargo will assume responsibility for the coordination of transporting and handling of the customer‘s goods, as well as any other service which the client has requested from Asthon Cargo, all under proper diligence. For this, and unless otherwise instructed by the client, Asthon Cargo can contract third parties that will perform some or all the services contracted by the client. The goods will be subject to all the terms and conditions that appear in the documents which cover each one of the contracted transports (B/L, CMR, AWB, etc.).

Asthon Cargo will not provide insurance against loss or damage arising from handling, storage or transport of goods unless the customer specifically instructs this by written notification . If the customer expressly instructs Asthon Cargo to arrange insurance on the goods, such insurance will always be taken out in the Customer‘s name and on its behalf.

5.- LIMITATION OF LIABILITY. –

Asthon Cargo will only assume liability, against the customer or third party, for loss or damage to the goods that come from a breach of contractual obligations. In any case, such responsibility is limited to the amounts resulting from liability limits of each regulation that applies to each mode of transport to each specific case, and whose sum may never exceed the total value of the goods

6.– EXEMPTION FROM LIABILITY. ·

1. .– Asthon Cargo may not be held liable for loss and/or consequences arising from inadequacies or errors in the information provided by the customer, in Instructions given by the latter or in operations performed the customer or third parties contracted by the customer.

Likewise, Asthon Cargo may not be held liable for loss and/or consequences that takes place outside the custody period that it has assumed or when it occurs in the scope of operations that it has not performed. Likewise, Asthon Cargo may not be held liable in cases of force majeure or in any other case that are regulated by the current laws or regulations that are applicable in each specific case.

1. .· In no case, and under any circumstances, will Asthon Cargo be responsible for any loss and/or consequences related to the loss of profit, loss of clientele, fines, penalties, lawsuits for losses due to depreciation or penalty clauses, fluctuation in currency exchange rates or in the value of goods, or taxes or duties imposed by the authorities irrespective of the reason.

7.- PRICE OF THE PROCURED SERVICES. –

7.1.· The transport services and other services performed by Asthon Cargo are deemed to be procured for payment at the rates valid at the time the services are procured and within the limits set forth therein.

Additional expenses arising from events or circumstances occurring after the procurement date or, where applicable, will be borne by the customers, provided that such expenses are duly justified by Asthon Cargo.

7.2.- Payment for services provided or expenses covered by Asthon Cargo must be paid in advance, unless otherwise agreed in advance .

8.– CLAIMS ANO DISPUTES. –

The disputes and claims will be made by the customers within the deadlines established by the current regulations and applied as per each specific case. Outside of these deadlines, the customer‘s right to claim will no longer exist.

9.– RIGHT OF RETENTION. –

Asthon Cargo will have the right of retention on the goods transported in those cases in which the client, or to whom it corresponds, has not paid the amounts owed in virtue of the contracted services; all in accordance with the laws and/or regulations that apply in each specific case.

10.- APPLICALBE LAW ANO JURISDICTION. –

The services provided by Asthon Cargo shall be governed and construed in accordance with the current regulations applicable in Spain, being the Courts of Spain, with exclusion of any others, competent to resolve any dispute arising out of or in connection with the services contracted with Asthon Cargo.