IRISH ROAD HAULAGE ASSOCIATION Reg. Office: 40 Lower Leeson Street, Dublin 2. CONDITIONS OF CARRRIAGE FOR ROAD BORNE TRAFFIC Excluding contracts with the carrier (as hereafter defined) or his agents. As effecting the international movement of goods.

(Thereafter referred to as "the Carrier") accepts goods the carriage subject to Conditions (hereafter referred to as "these Conditions") set out below. No agent or employee of the Carrier is permitted to alter or vary the conditions in any way unless he/she is expressly authorised to do so.

1. DEFINITIONS In these Conditions the following expressions shall have the meanings hereby respectively assigned to them, that is to say - "TRADER" shall mean the customer who contracts for the services of the Carrier "CONSIGNMENT" shall mean goods in bulk or contained in one parcel or package as the case may be, or any number of separate parcels or packages sent at one time on one load or for the Trader from one address to one address "DANGEROUS GOODS" shall mean :- (a) goods which are specified in the special classification of dangerous goods issued by the British Railways Board or which, although not specified therein, are not acceptable to British Railways for conveyance on the ground of their dangerous or hazardous nature: or (b) goods which thought not included in (a) above are of a kindred nature. "CONTRACT" shall mean the contract of carriage between the Trader and Carrier. "SUB-CONTRACTING PARTIES" includes all persons (other than the Carrier and the Trader) referred to in clause 3(3) "CARRIER" save in the expression Carrier/Contract includes sub-contracting parties in clauses 4(2), 5(2) and (3) and 11 (proviso) "CARRIER/CONTRACT" means the Carrier and any other carrier within clause 3(2)

2. CARRIER IS NOT A COMMON CARRIER The Carrier is not a common carrier and will accept goods for carriage only on these conditions.

3. PARTIES AND SUB-CONTRACTING (1) Where the Trader is not the owner of some or all of the goods in any consignment he shall be deemed for all purpose to be the agent of the owner or owners. (2) The Carrier may employ the services of any other carrier as may by law be permitted for the purpose of fulfilling the Contract. Any such other carrier shall have the like power to sub-contract on like terms. (3) The Carrier enters into the Contract for and on behalf of himself and his servants, agents and sub-contractors: all of whom shall be entitled to the benefit of the Contract and shall be under no liability whatsoever to the Trader or anyone claiming through him in respect of the goods in addition to or separately from that of the Carrier under the Contract. (4) The Trader shall save harmless and keep the Carrier indemnified against all claims or demands whatsoever by whomsoever made in excess of the liability of the Carrier under these Conditions.

4. DANGEROUS GOODS (1) If The Carrier agrees to accept dangerous goods for carriage such goods must be accompanied by a full declaration of their nature and contents and be properly and safely packed in accordance with any statutory regulations for the time being in force for transport by road. (2) The Trader shall indemnify the Carrier against all loss, damage or injury however caused arising out of the carrier of any danderous goods, whether declared as such or not.

5. LOADING AND UNLOADING (1) When collection or delivery takes place at the Trader's premises the Carrier/Contractor shall not be under any obligation to provide any plant, power or labour which, in addition to the Carrier/Contractor's camen, is required for loading or unloading at such premises. (2) Any assistance given by the Carrier beyoind the usual place of collection or delivery shall be at the sole risk of the Trader, who will save harmless and keep the carrier indemnified against any claim or demand which could not have been made if such assistance has not been given. (3) Goods requiring special appliances for unloading from the vehicle are accepted for carriage only on condition that the sender has duly ascertained from the consignee that such appliances are available at destination. Where the Carrier/Contractor is, without prior arrangement in writing with the Trader, called upon to load or unload such goods the Carrier shall be under no liability whatsoever to the Trader for any damage however caused, whether or not by the negligence of the Carrier and the Trader shall save harmless and keep the Carrier indemnified against any claim or demand which could not have been made if such assistance had not been given. (4) The Carrier or his servants or agents shall decide if safe and adequate access exists at the place of collection or delivery. If the Trader, agent of the Trader, consignee or other party, acting in any authority other than that of the Carrier, requires the vehicle to be placed otherwise than at the discretion of the carrier or his servants it shall be at the sole risk of the Trader and the Trader shall keep the Carrier indemnified against any claim or demand for any demand howsoever caused subject in all cases to the right of the Carrrier to refuse to place the vehicle if he so considers it advisable.

6. CONSIGNMENT NOTES The Carrier/Contractor shall, if so required, sign a document prepared by the sender or trader acknowledging the receipt of the consignment; but no such document shall be evidence of the condition or of the correctness of the declared nature, quantity or weight of the consignment at the time it is received by the Carrier/Contractor.

7. TRANSIT (1) Transit shall commence when the consignment is handed to the Carrier/Contractor whether at the point of collection or at the Carrier/Contractor's premises. (2) Transit shall (unless otherwise previously determined) end when the consignment is tendered at the usual place of delivery at the Consignee's address within the customary cartage hours of the district. Provided:- (a) that if no safe and adequate access or no adequate unloading facilities there exist then transit shall be deemed to end at the expiry of one clear day after notice in writing (or by telephone if so previously agreed in writing) of the arrival of the consignment at the Carrier/Contractor's premises has been sent to the consignee and (b) that when for any other reason whatsoever a consignment cannot be delivered or when a consignment is held by the Carrier/Contractor 'to await order' or 'to be kept till called for' or upon any like instruction and such instructions are not given, or the consignment is not called for and removed, within a reasonable time, then transit shall be deemed to end.

8. UNDELIVERED OR UNCLAIMED GOODS When the Carrier/Contractor is unable for whatever reason to deliver a consignment to the consignee, or as he may order or where by virtue of the proviso to clause 7(2) hereof transit is deemed to be at an end the Carrier/Contractor may sell the goods and payment or tender of the proceeds after deductions of all proper charges and expenses in relation thereto and all out-standing charges in relation to the carriage and storage of the goods shall (wthout prejudice to any claim or right which the Trader may have against the Carrier otherwise arising under these conditions) discharge the Carrier/Contractor from all liability in respect of such goods, their carriage and storage. Provided that:- (a) the Carrier/Contractor shall do what is reasonable to obtain the value of the consignment and (b) the power of sale shall not be exercised where the name and address of the sender or the consignee is known unless the Carrier/Contactor shall have done what is reasonable in the circumstances to give notice to the sender, or if the name and address of the sender is not known, to the consignee that the goods will be sold unless within the time specified in such notice, being a reasonable time in the circumstances from the giving of such a notice, the goods are taken away or instructions are given for their disposal.

9. CARRIER'S CHARGES (1) The Carrier's charges for carriage chall be payable by the Trader without prejudice to the Carrier's rights against the Consignee or any other person. Provided that when goods are consigned 'carriage forward' the Trader shall not be required to pay such charges unless the Consignee fails to pay after a reasonable demand has been made by the Carrier/Contractor for payment thereof. (2) Except where the quotation states otherwise all quotations based on a tonnage rate shall apply to the gross weight, unless the goods shall exceed 80 cubic feet in measurement per ton weight, in which case the tonnage rate shall be computed upon and apply to each measurement of 80 cubic feet or any part thereof. (3) A claim or counterclaim shall not be made the reason for deferring or withholding payment of monies payable, or liabilities incurred, to the Carrier.

10. TIME LIMIT FOR CLAIMS The Carrier shall not be liable:- (1)(a) for loss from a package or from an unpacked consignment (b) for damage, deviation, misdelivery, delay or detention; unless he is advised thereof in writing three days and the claim be made in writing within seven days after the termination of transit (2) For loss or non-delivery of the whole of the consignment or of any separate package forming part of the consignment unless he is advised of the loss or non-delivery in writing (other that upon a consignment note or delivery document) within twenty-eight days and the claim be made in writing within forty-two days after the commencement of transit.

11. LIABILITY FOR LOSS AND DAMAGE Subject to these conditions the Carrier shall be liable for any loss or misdelivery of or damages to goods during transit unless the Carrier shall prove that such loss, misdelivery or damage has arisen from:- (a) Act Of God (b) any consequences of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power or confiscation, requisition, destruction of, damage to property by or under the order of any givernment or public or local authority (c) seizure under legal process (d) act or omission of the Trader or owner of the goods or of the servants or agents of either (e) inherent liability to wastage in bulk or weight, latent defect or inherent defect, vice or natural deterioration of the goods (f) insufficient or improper packing (g) insufficient or improper labelling or addressing (h) riots, civil, commition, lockouts, general or partial stoppage of restraint of labour from whatever cause (i) consignee not taking or accepting delivery within a reasonable time Provided that the Carrier shall not incur liability of any kind in respect of a consignment where there has been fraud on the part of the Trader or of the owner of the goods or the servants or agents or wither in respect of that consignment. Provided also that the Carrier shall not incur liability of any kind in respect of loss of or damage to goods which have been loaded into or non to a container or other unit load instrument and sealed by the sender or Trader and received as such by the Carrier/Contractor and entered at the usual place of delivery at the consignee's first address with the seal unbroken.

12. LIMIT OF LIABILITY Subject to these Conditions the liability of the Carrier in respect of any one consignment shall in any case be limited:- (1) Where the loss or damage however sustained is in respect of the whole of the consignment to a sum at the rate of £800 per ton on either the gross weight of the consignment as computed for the puspose of charges under clause 9 hereof or where no such computation has been made, the actual gross weight (2) Where the loss or damage however sustained is in respect of part of a consignment to the proportion of the sum ascertained in accordance with (1) of this Condition which the actual value of that part of the consignment bears to the actual value of the whole of the consignment. Provided that:- (a) nothing in this clause shall limit the Carrier's liability below the sum of £10 in respect of any one consignment (b) the Carrier shall not in any case be liable for indirect or consequential damages or for loss of a particular market whether held daily or at intervals (c) the Carrier shall be entitles to require proof of the value of the whole of the consignment

13. GENERAL LIEN The Carrier shall have a general lien against the owner of any goods for any monies whatsoever due from such owner to the Carrier. If any lien is not satisfied within a reasonable time the Carrier may at his discretion sell the goods as agents for the owner and apply the proceeds towards the monies due and the expense of the sale and shall upon accounting to the Trade for the balance remaining, if any, be discharged from all liability whatsoever in respect of the goods.

14. UNREASONABLE DETENTION The Trader shall be liable to for the cost of unreasonable detention of vehicles, containers and sheets but the Carrier/Contractor's rights against any other person shall remain unaffected.

15. COMPUTATION OF TIME In the computation of time where fine period provided provided by these Conditions is seven days or less, the following days shall not be included: Sunday, Good Friday, Christmas Day or a Bank Holiday.

16. USE OF FORMS The use of Trader's own forms is no derogation of these Conditions.

17. CARRIER AS SUB-CONTRACTORS Whereas the Carrier may act as sub-contractor to a prime carrier or contractor it shall be understood that in the event of any dispute whatsoever and without prejudice to the foregoing conditions the trading terms of the prme Carrier/Contractor shall apply insofar as these restrict and contain any and all liability that may be deemed to attach, directly or indirectly , to the Carrier in his sub-contract capacity, whether or not such liability be specifically defined and that under no circumstances shall the liability of the carrier exceed that of the prime Carrier/Contractor.