| 1. (i) All and any business undertaken, including any advice, information or service |
| provided whether gratuitously or not by EXECUTIVE EXCESS BAGGAGE |
| SERVICES (hereinafter called "the company") is transacted subject to the Conditions |
| hereinafter set out and each Condition shall be deemed to be incorporated in and to be |
| a Condition of any agreement between the Company and its Customers. The Company |
| is not a common carrier and only deals with goods subject to these Conditions. No agent |
| or employee of the Company has the Company's authority to alter or vary these |
| Conditions. |
| (ii) If any legislation is compulsorily applicable to any business undertaken, these |
| Conditions shall as regards such business be read as subject to such legislation and |
| nothing in these Conditions shall be construed as a surrender by the Company of any |
| of ita rights or immunities or as an increase of any of its responsibilities of liabilities |
| under such legislation and if any part of these Conditions be repugnant to such |
| legislation to any extent such part shall as regards such business be void to that extend |
| but no nirther. |
| 2. Customers entering into transactions of any kind with the Company expressly |
| warrant that they are either the owners or the authorised agents of the owners of any |
| goods to which the transaction relates and further warrant that they are authorised to |
| accept and are accepting these Conditions not only for themselves but also as agents for |
| and on behalf of all other persons who are or may thereafter become interested in the |
| goods. |
| 3. Any instructions or business accepted by the Company may in the absolute discretion |
| of the Company be fulfiled by the Company itself by its own servants performing part |
| or all of the relevant services or by the Company employing or instructing or entrusting |
| the goods to others on such conditions as such others may stipulate to perform part or |
| all of the services. |
| 4. Subject to express instructions in writing given by the Customer, the Company |
| reserves to itself absolute discretion as to the means, route and procedure to be followed |
| in the handling, storage and transportation of goods. Further, if in the opinion of the |
| Company it is at any stage necessary or desirable in the Customer's interests to depart |
| from those instruction, the Company shall be at liberty to do so. |
| 5. Pending forwaiding or delivery, goods may be warehoused or otherwise held at any |
| place or places at the sole discretion of the Company and the cost thereof shall be for |
| the account of the Customer. |
| 6. Except where the Company is instructed in writing to pack the goods the Customer |
| warrants that all goods have been properly and sufficiently packed and/or prepared. |
| 7. The Company is entitled to retain and be paid all brokerages, commissions, |
| allowances and other remunerations. |
| 8. Quotations are given on the basis of immediate acceptance and are subject to |
| withdrawals or revisions. Further, unless otherwise agreed in writing the Company |
| shall be after acceptance at liberty to revise quotations or charges with or without notice |
| in the event of charges occurring in currency exchange rates, rates of freight, insurance |
| premiums or any charge applicable to the goods. |
| 9. The customer shall be deemed to be bound by and to warrant the accuracy of all |
| descriptions, values and other particulars furnished to the Company for Custom, |
| Consular and other purposes and he undertakes to indemnify the Company against all |
| losses, damages, expenses and fines whatsoever arising from any inaccuracy or |
| omission, even if such inaccuracy or omission is due to any negligence. |
| 10. The Customer shall be liable for any duties, taxes, imports, levies, deposits or |
| outlays of any kind levied by the authorities at any port or place for or in connection |
| with the goods and for any payments, fines, expenses, loss or damage whatsoever |
| incurred or sustained by the Company in connection therewith. |
| 11. When goods are accepted or dealt with upon instruction to collect freight, duties, |
| charges or other expenses from the consignee or any other person the Customer shall |
| retain responsibly for the same if they are not paid by such consignee or other person |
| immediately when due. |
| 12. No insurance will be effected on excess Baggage, owner packed personal and/or |
| household effects. |
| 13. No insurance will be effected except upon express instructions given in writing by |
| the Customer and all insurances effected by the Company are subject to the usual |
| exceptions and conditions of the policies of the insurance company of underwriters |
| taking the risk. The Company shall not be under any obligation to effect a separate |
| insurance on each consignment but may declare it on any open or general policy. Should |
| the insurers dispute their liability for any reason the insured shall have recourse |
| against the insurers only and the Company shall not be under any responsibility or |
| liability whatsoever in relation there to notwithstanding that the premium upon the |
| policy may not be at the same rate as that charged by the Company or paid to the |
| Company by its Customer. |
| 14. (i) The Company shall only be responsible for any loss of or damage to goods of any |
| non-delivery or misdelivery if it is proved that the loss, damage, non-delivery or |
| misdelivery occurred whilst the goods were in the actual custody of the Company and |
| under its actual control and that such loss, loss damage, non-delivery or misdelivery |
| was due to the wilful neglect or default of the Company or its own servants- |
| (ii) The Company shall only be liable for any non-compliance or mis-compliance with |
| instructions given to it if it is proved that the same was caused by the wilful neglect or |
| default of the Company or its own servants. |
| (iii) Same as aforesaid the Company shall be under no liability whatsoever however |
| arising, and whether in respect of or in connection with any goods or any instructions, |
| business's advice, information or service or otherwise. |
| (iv) Further and without prejudice to the generality of the proceeding sub-condition, the |
| Company shall not in any event, whether under sub-conditions (i) or (iij or otherwise, |
| be under any liability whatsoever for any consequential loss or loss of market or fire or |
| consequence of fire or delay or deviation however caused. |
| 15. In no case whatsoever shall any liability of the Company howsoever arising and |
| notwithstanding any lack of explanation exceed the value of the relevant goods or a sum |
| at the rate of £200 per tonne or 1000 kilos on the gross weight of the goods whichever |
| is the less. |
| 16. In any event the Company shall be discharged from all liability: - |
| (a) for loss from a package or an unpacked consignment or for damage or mis-delivery |
| (howsoever caused) unless notice be received in writing within seven days after the end |
| of the transit where the transit ends in Ireland or within fourteen days after the end of |
| the transit where the transit ends at any place outside Ireland. |
| (b) for loss or non-delivery of the whole of a consignment or any separate package |
| forming part of the consignment (however caused), unless notice be received in writing |
| within twenty-eight days of the date when the goods should have been delivered. |
| 17. (a) The Company shall not be obliged to make any declarations for the purpose of |
| any statute or convention or contract as to the nature of value of any goods or as to any |
| special interest in delivery, unless expressly instructed by the Customer in writing. |
| (b) Where there is a choice of rates according to the extent or degree of the liability |
| assumed by carriers, warehousemen or others, goods will beforewarded, dealt with, etc. |
| at Customer's risk or other minimum charges and no declaration of value (where |
| optional) will be made, unless express instructions in writing to the contrary have |
| previously been given by the Customer. |
| 18- Perishable goods which are not taken up immediately upon arrival or which are |
| insufficiently addressed or marked or otherwise not readily identifiable, may be sold or |
| otherwise disposed of without any notice to the Customer and payment or tender of the |
| net proceeds of any sale after deduction of charges and expenses shall be equivalent to |
| delivery. All charges and expenses arising in connection with the sale or disposal of the |
| goods shall be paid by the Customer. |
| 19. The Company shall be entitled to sell or dispose of all non-perishable goods which |
| in the opinion of the Company cannot be delivered either because they are insufficiently |
| or incorrectly addressed or because they are not collected or accepted by the Consignee |
| or any other reason, upon giving 21 days notice in writing to the Customer. All charges |
| and expenses arising in connection with the storage and sale or disposal of the goods |
| shall be paid by the Customer. |
| 20. Except under special arrangement previously made in writing the Company will not |
| accept or deal with any noxious, dangerous hazardous or inflammable or explosive |
| goods or any goods likely to cause damage- Should any Customer nevertheless deliver |
| any such goods to the Company or cause the Company to handle or deal with any such |
| goods otherwise than under special arrangements previously made in writing, he shall |
| be liable for all loss or damage whatsoever caused by or to in connection with the goods |
| however arising and shall indemnify the company against all penalties, claims, |
| damages, costs and expenses whatsoever arising in connection therewith and the goods |
| may be destroyed or otherwise dealt with at the sole discretion of the Company or any |
| other person in whose custody they may be at the relevant time. If such goods are |
| accepted under arrangements previously made in writing, they may nevertheless be so |
| destroyed or otherwise dealt with on account of risk to other goods, property, life or |
| health- The expression "goods likely to cause damage" includes goods likely to harbour |
| or encourage vermin or other pesta. |
| 21. Except under special arrangement previously made in writing the Company will not |
| accept or deal with bullion, coins, precious stones, jewellery, valuables, antiques. |
| pictures, livestock or plants. Should any Customer nevertheless delivery any such goods |
| to the Company or cause the Company to handle or deal with any such goods otherwise |
| than under special arrangements previously made in writing the Company shall be |
| under no liability whatsoever for or in connection with the goods however caused. |
| 22. Without prejudice to Condition 2 the Company shall have the right to enforce any |
| liability of the Customer under these Conditions or to recover any sums to be paid by |
| the Customer under these Conditions not only against or from the Customer but also if |
| is thinks fit against or from the sender and/or consignee and/or owner of the goods. All |
| sums shall be paid to the Customer in cash immediately when due without deduction |
| and payment shall not be withheld or deferred on account of any claim, counterclaim or |
| set-off. |
| 23. All goods (and documents relating to goods) shall be subject to a particular and |
| general lien and right of detention for monies due either in respect of such goods, or for |
| any particular or general balance or other monies due from the Customer or the sender, |
| consignee or owner to the Company. If any monies due to the Company are not paid |
| within one calendar month after notice had been given to the person from whom the |
| monies are due that such goods are being detained, they may be sold by auction or |
| otherwise at the sole discretion of the Company and at the expense of such person, and |
| the net proceeds applied in or towards satisfaction of such indebtedness. |
| 24. In additional to and without prejudice to the foregoing Conditions the Customer |
| undertakes that he shall in any event indemnify the Company against all liabilities |
| whatsoever suffered or incurred by the Company arising directly or indirectly from or |
| in connection with the Customer's instructions or their implementation of the goods, |
| and in particular the Customer shall indemnify the Company in respect of any liability |
| whatsoever it may be under to any servant, agent or sub-contractor or any haulier, |
| carrier, warehousemen, or other person whatsoever at any time involved with the goods |
| arising out of any claim made directly or indirectly against any such party by the |
| Customer or by any sender, consignee or owner of the goods or by any person interested |
| in the goods or by any other person whatsoever. |
| 25. All agreements between the Company and its customers shall be governed by Irish |
| Law and be within the exclusive jurisdiction of the Irish Courts. |