1.ESPRIT shall in these conditions mean ESPRIT CONSORTIUM PTE LTD and its appointed agents in the country of domicile of the customers.

2.Any business undertaken by ESPRIT is carried out subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement whether written, oral or implied between ESPRIT and its customers. ESPRIT shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of ESPRIT by a competent officer thereof. In the absence of any such written agreement to the contrary these conditions shall constitute the entire agreement between ESPRIT and each of its customers.

3.ESPRIT is not a common carrier and will only carry documents or goods subject to these conditions, which can only be altered in accordance with Clause 1. ESPRIT reserves the right to refuse the carriage of transportation of any documents or goods for any person, firm or company and the carriage or transportation of any class of documents or goods at its absolute discretion.

4.ESPRIT undertakes, subject to payment in accordance with rates notified to the customer from time to time, to carry customers’ goods between destinations agreed between ESPRIT and its customers.

5.ESPRIT reserves the right to carry the customers’ documents or goods by any route and procedures and by successive carriers and according to its handling, storage and transportation methods.

6.ESPRIT shall invoice the customer on a fortnightly basis. Such invoices shall be paid within fourteen days of the date of the invoice or otherwise all legal and late payment charges (2% per annum) will be claimed from the customers.

7.ESPRIT reserves the right to notify customers from time to time of any materials or goods which are not accepted by ESPRIT for carriage (See Clause 3).

8.It is the customers’ responsibility to pack and place all documents or goods for carriage in a safe and security facility, which will be collected from the customers’ premises or as otherwise agreed by ESPRIT’s representative for onward transmission.

9.Any rates quoted by ESPRIT for carriage or despatch are exclusive of deposits or outlay incurred in respect of carriage of the customers’ documents or goods. Should the customers indicate by endorsement in the space provided on the Consignment Note that the receiver shall be liable for any additional costs or outlays in respect of carriage of the customers’ documents or goods, the customer will be liable for such costs or outlays in the event of delay in payments by the receiver.

10.ESPRIT will not be liable for penalties imposed, or loss, or damaged incurred due to the customers’ documents or goods being impounded by customs or local authorities and the customers hereby indemnifies ESPRIT against such penalty or loss. Quotations are given on the basis of immediate acceptance and are subject to withdrawal or revision with or without notice. In the event of an incorrect address whereby the dispatch rider had arrived, the full service charge will be imposed. Cancellation of assignment upon or before arrival at the initial destination will incur a 50% service charge.

11.The customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligations under the Agreement, or as a result of its negligence.

12.ESPRIT accepts no responsibility for inadequate or inappropriate packaging to documents or goods consigned unless such damage can be proven to have arisen through the gross negligence of ESPRIT.

13.It is the sole responsibility of the customers to address adequately each consignment of documents or goods to enable effective delivery to be made. ESPRIT shall not be liable for delay in forwarding or delivery resulting from the customers’ failure to comply with its obligations in this respect.

14.ESPRIT will only carry documents or goods which are the customer’s, and the customer warrants that it is authorized to accept these conditions not only on behalf of itself but also as agent for and on behalf of all other persons, who are or may hereafter interested in the documents or good.

15.The customer hereby undertakes to indemnify ESPRIT against any damages, costs and expenses resulting from any breach of its warranty.

16.ESPRIT is responsible for the customers’ documents or goods whilst they are within its custody or control and shall only be liable subject to Clause 17 herein for loss sustained by the customer due to the gross negligence of ESPRIT’s custody or control provided that such loss or damage was due to the gross negligence of ESPRIT, its servants or agents. The parties agreed that consequential shall be deemed to include without restriction to commercial, financial or other indirect loss including loss of interest and utility. Whilst ESPRIT will try to deliver documents and goods in accordance with any agreed schedule, ESPRIT will not liable for delay or non-performance of any carriage.

17.The liability of ESPRIT under these conditions shall be limited to the payment by ESPRIT by way of damages of an aggregate sum not exceeding SGD50.00 dollars in respect or any one consignment by all its customers collectively.