SECTION I:

GENERAL

1.Applicability

1.1 These Terms and Conditions shall apply to all quotes, legal relationships, and agreements or contracts made by or entered into by or on behalf of Widem Logistics in respect of the Services provided, or made available by Widem Logistics and to the use by any Customer of the Warehouse unless a separate written agreement has been concluded and signed by the Parties which specifically excludes the application of all or some of the provisions of these Terms of Conditions.

1.2 All terms and conditions stipulated or referred to by the Customer of any order or other correspondence or documents issued by the Customer in connection with the Services (whether in electronic form or otherwise) or implied by any course of dealing between Widem Logistics and the Customer shall be excluded unless expressly accepted in writing.

1.3 The Customer has availed themselves of all information related to these Terms and Conditions and its specific conditions of execution and further to such acknowledgment declare accepting these Terms and Conditions in full consent and good faith and fully aware of all obligations pertaining thereto. The Customer represents and warrants that it will bring these Terms and Conditions to the attention of any person whom the Customer may instruct to enter upon the Warehouse or otherwise deal with Widem Logistics including any subcontractor, agent, employee, or other party instructed by the Customer.

1.4 In the absence of express acceptance by the Customer of these Terms and Conditions, by receiving or using the Services from Widem Logistics, or by using or entering the Warehouse, the Customer is deemed to have read, understood, and agreed to these Terms and Conditions, without amendment.

1.5 Widem Logistics reserves the right to modify these Terms and Conditions, with or without notice to the Customer, at any time and in its sole discretion. The modified Terms and Conditions will become effective immediately upon being published on Widem Logistics’ website (widem.eu). By continuing to use the Services, the Customer acknowledges and agrees to the modified Terms and Conditions.

1.6 Depending on the Services to be carried out by Widem Logistics, one or more Sections of these Terms and Conditions apply: (i) “Section I: General” applies to all Services, (ii) “Section II: “Transport Services by road” applies to the carriage of goods by road by Widem Logistics, (iii) “Section III: Warehousing” applies to all Warehousing Services within the Warehouse, (iv) “Section IV: Freight Forwarding” applies to the services related to the arranging the transportation of goods as a freight forwarder. Insofar as multiple sections apply to an Order that is carried out, or is deemed to be carried out, by Widem Logistics, in the case of different provisions governing the same Order, the provision that is most beneficial to Widem Logistics shall apply.

2.Services

2.1 Widem Logistics shall perform the Services in a manner reasonably believed to be in the best interests of the Customer and with such care as a reasonably prudent professional provider of similar services would use under similar circumstances. Widem Logistics shall utilize for the Services the technical competence, financial capacity, management skills, competent and qualified personnel, and equipment necessary to carry out its duties and responsibilities. Each undertaking by Widem Logistics shall qualify as a best-efforts undertaking (“middelenverbintenis”) and not an undertaking of result (“resultaatsverbintenis”).

2.2 Subject to specific written instructions given by the Customer and accepted by Widem Logistics in writing, Widem Logistics reserves to itself complete freedom in respect of the means and procedures to be employed in the provision of the Services.

2.3 Widem Logistics may, at its discretion, arrange for the Services or any part thereof, to be carried out by one or more sub-contractors or agents on any terms whatsoever. Where such a subcontractor is appointed at the request of the Customer, Widem Logistics shall have no liability for the acts or omissions of the sub-contractor.

3.Quotations, rates, invoices, payment

3.1 Quotations and offers

3.1.1 All written offers and quotations, unless expressly stated otherwise, shall remain valid for 30 days from the date of issuance. Such offers and quotations are subject to these Terms and Conditions and do not include VAT, duties, or any other Taxes, unless otherwise expressly agreed All offers made by Widem Logistics are non-binding until an agreement has been concluded. An agreement is concluded by written confirmation of Widem Logistics or by Widem Logistics starting with the execution of the Services.

3.1.2 Written offers and quotations may include specific terms and conditions. If any of these terms or conditions conflict with these Terms and Conditions, the offer or quotation accepted by the Customer will take precedence.

3.2.1 Widem Logistics is entitled to adjust any already accepted rates in all fairness if, after the conclusion of the agreement, cost-increasing factors occur that are beyond the control of Widem Logistics, including (government) measures in the area of safety, quality, the environment, taxation aspects and market developments in the area of labor and/or energy that had not been taken into account upon entering into the contractual relationship with Widem Logistics.

3.2.2 If in the reasonable opinion of Widem Logistics the circumstances have changed after the conclusion of the agreement such that it is unfair to expect that Widem Logistics shall (continue to) carry out the Services even against the rates that have been adjusted under Clause 3.2.1 of this Section, Widem Logistics shall have the right to dissolve the agreement if and insofar as this refers to the Services not yet carried out, without becoming liable to pay damages as a result.

3.3.1 All invoices of Widem Logistics must be paid by the Customer by the payment deadline set in this respect, but at the latest within 30 days, without any deduction or set-off, unless otherwise expressly agreed. Disputing an invoice shall not suspend the payment obligation of the Customer.

3.3.2 Each payment to Widem Logistics by the Customer must be effected in the manner specified by Widem Logistics. Payment to a representative of the Customer shall not release the Customer from its payment obligation to Widem Logistics.

3.3.3 Payment by the Customer to Widem Logistics shall serve first of all for the payment of the costs, subsequently for the payment of the outstanding interest, and finally for the payment of the portion of the principal amount and the accrued interest specified by Widem Logistics, despite any direction to the contrary by the Customer.

3.3.4 Any unpaid amounts beyond 30 days of the receipt of an invoice will be subject to automatic and immediate increase, without notice, from the invoice date, with interest and a lump-sum compensation payment for recovery costs. Interest will be calculated in accordance with the Belgian Statute of 2 August 2002, as amended by Belgian Statute of 14 August 2021, which enforces European Directive 2011/7/UE of 16 February 2011, with an additional 8 percent points and rounded up to the higher half-percent point. The applicable interest rate will not be less than 10% per annum.

3.3.5 The lump-sum compensation payment for recovery costs will be 10% of the outstanding principal amount, with a minimum of 125 euros and a maximum of 2.500 euros. However, Widem Logistics reserves the right to prove and claim any damages or loss beyond this amount.

3.3.6 In the event of a dispute about what the Customer owes Widem Logistics by virtue of the Services carried out, the documentation to be submitted by Widem Logistics shall provide full evidence of the nature, contents, and scale of the Services carried out, except for any proof of the contrary by the Customer. The documentation of Widem Logistics has preference over any documentation drawn up by the Customer or by Third Parties.

3.3.7 Widem Logistics has the right to set-off any claim, damage, loss, expense, liability, or cost that Widem Logistics would have, threaten to have, or bear and which would result from, or be related to, the performance of the Services, against the amounts that Widem Logistics would owe to the Customer related to the Services, without prior notice by Widem Logistics to the Carrier or judicial intervention being required.

3.3.8 The Customer shall not be entitled to set-off any amount due to Widem Logistics against any amount to which the Customer may be entitled or which it claims to be entitled to receive from Widem Logistics related to the Services. 3.4.1 Widem Logistics is at all times entitled to demand an advance payment from the Customer, a prepayment, an interim payment, or a security that is adequate in its opinion to cover any amount due or which might become due for the Services as well for all claims by Widem Logistics against the Customer now or in the future or by any Third-Party against Widem Logistics related to the Services. If the Customer fails to fulfill such a request immediately, Widem

Logistics shall be entitled to refuse, suspend, interrupt, or terminate the Services without requiring any written warning, a notice of default, or judicial interposition. The same applies if the Customer fails to perform any other obligation towards Widem Logistics. Widem Logistics shall never accept any liability for any resulting damage whatsoever.

4.Lien – Sale

4.1 Widem has a general lien on all Goods and documents relating to Goods in its possession, custody, or control for all sums due at any time to Widem from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or services provided by or on behalf of the Widem to the Customer or Owner. Storage charges shall continue to accrue on any Goods detained under lien.

4.2 Widem shall be entitled, on notice in writing to the Customer, to sell or dispose of or deal with such Goods or documents as agent for, and at the expense of, the Customer and apply the proceeds in or towards the payment of such sums.

4.3 Widem shall, upon accounting to the Customer for any balance remaining after payment of any sum due to Widem, and for the cost of sale and/or disposal and/or dealing, be discharged of any liability whatsoever in respect of the Goods or documents.

4.4 When the Goods are liable to perish or deteriorate, Widem ‘s right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to Widem, subject only to Widem taking reasonable steps to bring to the Customer’s attention its intention to sell or dispose of the Goods before doing so.

4.5 Widem shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances): (i) after a notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by Widem to have any interest in the Goods) without notice, any Goods which have been held by Widem for 10 days and which cannot be delivered as instructed; and (ii) without prior notice, any Goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to Widem, or Third parties, or to contravene any applicable Laws.

5.Warranties by the Customer

5.1 Authority 5.1.1 The Customer warrants that it is either the Owner of the Goods or the authorized agent acting on behalf of the Owner. The Customer also affirms that it accepts these Terms and Conditions on its behalf (including the Consignor, the Consignee, the Owner, and the shipper) and on behalf of any Third Party that is or may become interested in the Goods.

5.2.1 The Customer warrants that it is fully familiar with all Laws, formalities, and required Transport Documents as well as with Customs Formalities, whether internationally or nationally in force, which are relevant for the Services by Widem Logistics, as well with operational measures, preparations, and logistics requirements of Widem Logistics and Third Parties in place, including, the Business Hours of the Warehouse and the Customs Documents, which are relevant for the on-time performance of Services by Widem Logistics and to comply with the Law.

5.2.2 The Customer undertakes to document each Order, before its execution, entirely and accurately in writing, if applicable via Widem Logistics’ portal or other agreed electronic data exchange-method, and to fulfill and complete all formalities required by Law and/or Authorities, to enable Widem Logistics to execute its Services timely, in accordance with the Law. This information duty includes a complete description of the Goods (incl. type, number, weight, condition, risk category), enabling their identification, the parties involved, and any associated hazards. The Customer shall also inform and instruct Widem Logistics about the limitations connected with the protection, handling, and storage of the Goods. Widem Logistics is authorized by the Customer to disclose this information to any Third-Party deemed necessary.

5.2.3 The Customer represents and warrants that all the information, statements, and documents, provided, are complete, accurate, adequate, correct, and sufficient to perform Widem Logistics’ Services. The Customer shall, in any event, notify Widem Logistics promptly upon becoming aware of any information and/or documents that are incorrect, inaccurate, erroneous, or fraudulent

5.2.4 If Widem Logistics reasonably suspects, or relevant Authorities notify or alert, that the Customer has maliciously or negligently provided incorrect, incomplete, late, or non-compliant information or documentation about the Goods, Widem Logistics may take immediate remedial and/or prohibitive measures as necessary or required by Law. Widem Logistics may cease or refuse shipment of the Customer’s Goods, request payment security or bond, or take any other appropriate action. Any measures taken will be without prejudice to Widem Logistics’ right to indemnification by the Customer in accordance with the Customer’s liability as set out in these Terms and Conditions.

5.2.5 Widem Logistics shall be entitled to suspend the execution of a Service or to cancel it, without any prior notice and any compensation being due, if it is of the reasonable opinion that (i) the Customer is not compliant or not on time with its obligations under these Terms and Conditions or (ii) if it inadequately executes its requirements, or (iii) the performance thereof entails an increased risk of liability or, for one or the other reason, is reasonably or economically unjustified.

6.Liability of the Customer

6.1 The Customer shall promptly indemnify Widem Logistics, employees, and its subcontractors against all costs, expenses, claims, losses, liabilities, orders, awards, fines, proceedings, and judgments of whatsoever nature howsoever assumed, incurred, or suffered by Widem Logistics, any of its subcontractors as a result of, arising out or in connection with the Services, including:

6.1.1 all liability, loss, damage, costs, and expenses whatsoever arising out of the act, omission, or instructions of the Customer, Consignee, Consignor, Owner, or any other persons interested in the Goods;

6.1.2 all liability, loss, damage, costs, and expenses whatsoever arising out of any breach by the Customer of any of the warranties given or obligations under these Terms and Conditions;

6.1.3 all liability, loss, damage, costs, and expenses whatsoever arising out of the Customer becoming liable to any other Person and/or incurring or suffering additional costs because of Widem Logistics carrying out the Customer’s instructions;

6.1.4 all liability, loss, damage, costs, and expenses whatsoever arising out of any cause arising from or with respect to the Goods for which Widem Logistics is not responsible;

6.1.5 all liability, loss, damage, costs, and expenses whatsoever arising out of delayed, inaccurate, or incomplete information, whenever provided by, or on behalf of the Customers on which Widem Logistics relies.

6. 6.2 The Customer shall fully indemnify Widem Logistics for all damages, losses, expenses, and costs incurred by Widem Logistics and hold Widem Logistics harmless against any claims of Authorities and Third Parties, arising out of or in connection with the Services that could be filed against Widem Logistics.

7.Taxes – Customs & Excise duties

7.1 The Customer shall be responsible and liable for any Taxes and the payment thereof for, or in connection with, the Goods, and it shall be liable for any payment, settlement, damage, or loss incurred or suffered by Widem Logistics in connection with such Taxes.

7.2 The Customer undertakes to indemnify and hold Widem Logistics harmless in the widest possible sense against any claims from Authorities and/or any other Third Party related to Taxes for, or in connection with, the Goods, even if these claims arise or are in connection with, the actions or failings by Consignee, the Consignor, the Owner and/or the Cargo Interest.

8.Data Protection

8.1 The Parties agree, when processing personal data in the context of the Services, to comply with all Data Protection Laws applicable to the scope of this Agreement, including the Regulation (EU) 2016/679 (GDPR), the Belgian Data Protection Act of 30 July 2018 and the e-privacy obligations as derived, inter alia, from the Electronic Communications Act of June 13, 2005

8.2 The personal data communicated by the Customer to Widem Logistics will be processed by Widem Logistics as a data controller. Widem Logistics will process such data for the purposes of the Services. The Customer will ensure, both in its own name and on behalf of Widem Logistic, that the employees (if any), independent subcontractors, and their employees whose personal data are transferred are adequately and lawfully informed of this transfer, for this transfer.

9.EDI-connection – Portal

9.1 At the request of Widem Logistics, the Customer shall cooperate with Widem Logistics in the establishment and maintenance of the EDI connection and/or the use of Widem Logistics’ portal, including providing the necessary information and resources as reasonably requested by Widem Logistics.

9.2 The Customer shall implement and comply with the appropriate technical and organizational measures to protect the confidentiality, integrity, and availability of the EDI Connection and/or Widem Logistics portal and the data transmitted through it. The Customer shall promptly notify each other in the event of any security incidents, breaches, or unauthorized access related to the EDI Connection and/or Widem Logistics’ portal.

9.3 The Customer agrees to indemnify and hold Widem Logistics harmless from any claims, losses, liabilities, damages, costs, or expenses arising out of its breach of Clause 8 of this Section or any unauthorized use or disclosure of the EDI Connection and/or Widem Logistics’ portal, including for any indirect, incidental, consequential, or special damages arising out of or in connection with the EDI Connection and/or Widem Logistics’ portal, such as the lost profits, loss of data, or business interruption.

10.Insurance

10.1 Unless expressly agreed otherwise in writing, each Party shall, at its own expense, procure and maintain insurance policies under these Terms and Conditions and any requirements by Law, including public and third-party liability. Widem Logistics is under no obligation to maintain insurance for Goods on behalf of the Customer.

11.Severability

11.1 If a provision of these Terms and Conditions is held to be illegal, invalid, or unenforceable, in whole or in part, under any applicable Law, then such provision or part of it shall be deemed not to form part of these Terms and Conditions, and the legality, validity, and enforceability of the remainder of these Terms and Conditions shall not be affected. In such case, such invalid or unenforceable provision shall be automatically replaced by a provision that best meets the economic effects of the invalid or unenforceable provision.

12.Notification period – Time Bar

12.1 Subject to the applicable mandatory law, the Customer shall comply with the following conditions for submitting a claim:

12.1.1 in the case of loss or damage to the Goods, the claim must be notified in writing to Widem Logistics within thirty (30) days from either the date of delivery of the Goods or sending of the Goods;

12.1.2 in any other case giving rise to a claim, it must be notified in writing to Widem Logistics within thirty days (30) days of the event or occurrence alleged to give rise to such claim.

12. 12.2 In case of absence of the notification in writing within the specified thirty (30) day period, the claim shall be considered as waived, extinguished, and barred.

12.3 Any legal action, whether in contract or tort, against Widem Logistics is time-barred after six (6) months. The prescription shall run from the day following the day on which the Goods were delivered or should have been delivered, or, in the absence of delivery and any other cases, from the day following the day, the event giving rise to the action took place.

13.Governing Law – Jurisdiction

13.1 These Terms and Conditions, the contractual relations, and all non-contractual undertakings arising out of or in connection with these Terms and Conditions and Services are governed by and construed in accordance with Belgian law.

13.2 The courts of Kortrijk have exclusive jurisdiction to settle any dispute arising out of or in connection with the Terms and Conditions and/or Widem Logistics’ Services, including the relevant non-contractual undertakings arising out of or in connection with these Terms and Conditions and/ or Services.

SECTION II:

TRANSPORT SERVICES BY ROAD

1.Scope

1.1 The terms and conditions set out in this Section II “Transport Services by Road” shall apply to any form of services provided by Widem Logistics in its capacity as a road carrier, other than its Forwarding Services, which are governed by Section IV Freight Forwarding.

1.2 Without prejudice to any other mandatory provisions, the mandatory provisions of the CMR Convention will apply to each Transport Order and its execution, regardless of whether this concerns national or international transport.

2.Loading, unloading, stowing, securing, and packaging

2.1 The Customer shall pack the Goods in such a way that they are protected from total or partial loss and damage during carriage and in such a way that they cannot harm persons, or other goods or transport equipment during the entire carriage and storage. The Customer shall also be responsible for the weight distribution in the Transport Unit and the Customer must guarantee that the load of a Transport Unit is the same as the weight indicated on all documents, including the transport order provided by the Customer to Widem Logistics. If the actual load is exceeded and a Carrier is charging extra costs, Widem Logistics shall have the right to invoice all additional costs to the Customer.

2.2 The Customer, Consignor, and/or Consignee are further responsible for the loading, stowing, cargo securing, transport packaging, and unloading of the Goods from and onto the vehicle in accordance with the Law, and the best practices.

2.3 If Widem Logistics were to be requested by the Customer, Consignor, and/or Consignee to implement these actions listed in Clauses 2.1 and 2.2 of this Section, these actions will always take place under the supervision, instructions, monitoring, and the liability of the Customer, Consignor and/or Consignee.

2.4 Widem Logistics has the right to refuse or suspend a Transport Order if it is of the opinion that the packaging, loading, cargo securing, transport packaging, and/or stowing as set out in Clauses 2.1 and 2.2 of this Section is not in accordance with the Law or the best practices, without any compensation being due. The execution of a Transport Order by Widem Logistics can never be considered a discharge of the Customer from its obligations as set out in Clauses 2.1 and 2.2 of this Section.

3.Transport Documents

3.1 The Customer shall be responsible for the timely delivery of entire and accurate Transport Documents so that Widem Logistics can perform the Transport Order in accordance with the Law and the instructions of the Customer.

3.2 Widem Logistics has the right to refuse or suspend the execution of a Transport Order if it is of the opinion that the Transport Documents were provided too late, or contain incomplete or inaccurate information, without any compensation being due. The execution of a Transport Order can never be considered a discharge of the Customer from its obligations as set out in Clause 2.1 of this Section.

3.3 If non-compliance or late or incomplete compliance with Clause 2.1 of this Section results in costs or damages, these costs and damages shall be entirely borne by the Customer.

4.Delivery

4.1 The Customer grants Widem Logistics permission to deliver the Goods to the Consignee, their representative, or any individual whom Widem Logistics reasonably deems authorized to accept delivery on the Consignee’s behalf. The Customer and the receiving party are solely responsible for properly identifying and collecting the Goods for which delivery is requested, without holding Widem Logistics liable for any losses or damages, regardless of the cause, including Widem Logistics’ negligence. The Delivery of the Goods on the quay of the ports or after the Threshold without relief of the Consignee will be considered a delivery without reserve. The Delivery will be considered in compliance with the obligation to delivery on the part of Widem Logistics.

5.Liability of Widem Logistics

5.1 Notwithstanding the limitations and exemptions mentioned in Clauses 6 and 7 in this Section, Widem Logistics undertakes to indemnify the Customer for entire or partial loss and damage to the transported Goods as arising between the acceptance and the moment of the Delivery, in accordance with the applicable provisions of the CMR.

5.2 The acceptance and/or the Delivery of Goods as set out in Clause 5.1 of this Section will occur at the Threshold or on the quay of the ports. The route to be traveled on the site of the Customer, Consignor or Consignee is subject to the exclusive liability of the latter.

5.3 No Transport Order is accepted on the condition of cash on delivery, on the condition of assumed value of the Goods, or special interest in the delivery. The transport of risky goods, including theft-sensitive goods, jewelry, money, antiquities, securities, and excisable goods, is only accepted and executed at the risk of the Customer, who bears the responsibility of informing Widem Logistics sufficiently and timely about the risk.

6.Liability limitations

6.1 Without prejudice to possible limitations of liability of the above-mentioned liability regimes under Clauses 5.1 of this Section, and as far and to the extent as permitted by Law, the following limitations of liability shall apply for claims not covered under Clause 5.1 of this Section:

6.1.1 compensation shall be the value of the Goods of the subject Order between Widem Logistics and the Customer; or

6.1.2 where the weight can be defined, as a sum calculated at the rate of 2 SDR (“special drawing rights”) per kilo of the gross weight of the subject Goods of said Order;

6.1.3 5.000 euros in respect of any one Order; whichever shall be lesser.

6. 6.2 The aggregate liability of Widem Logistics in respect of all claims under this Section shall not exceed the amount of 10.000 euros per Incident. If multiple Customers incur damage or loss, and the total amount of damages exceeds 10.000 euros, compensation shall be distributed proportionally, resulting in each Customer being entitled to a proportional share of the compensation.

6.3 The aggregate liability of Widem Logistics in respect of all claims for the same Customer under this Section shall not exceed the amount of 20.000 euros per year.

6.4 Widem Logistics and its Customer do not exclude or limit the application of any provisions of any Law (such as implied condition or warranty) to the extent that such exclusion would contravene the applicable Law or cause any part of these Terms and Conditions to be void.

7. Liability Exemptions

7.1 Widem Logistics shall be exempted from any liability for shortages, losses, damages, or delays if the shortage, loss, damage, or delay is caused by the Customer, by inadequate compliance of the Customer with its obligations under these Terms and Conditions or conditions that were unavoidable for Widem Logistics or its Carrier and the consequences of which they were unable to prevent.

7.2 Widem Logistics will also be exempted from its liability if a shortage, loss, delay, or damage may be a possible consequence of one or more of the following circumstances:

7.2.1 Force Majeure and any other cause or event that is outside the control of Widem Logistics and could not be avoided, prevented, or overcome with reasonable foresight, prudence, and diligence and materially prevents, hinders, or delays the performance of all or a part of Widem Logistics’ obligations under these Terms and Conditions;

7.2.2 the nature of the Goods exposing them to a total or partial loss or damage due to breakage, rust, decay, desiccation, leakage, wastage, inherent or latent defect or vice or natural deterioration;

7.2.3 insufficiency or inadequacy of marks or numbers on the Goods or the packaging of the Goods;

7.2.4 lack or defective condition of packaging;

7.2.5 compliancy with any Law or rule of any Authority, acts of any governmental or super-national authority;

7.2.6 catastrophic impact on Widem Logistics’ information technology ecosystem (software and hardware), including malicious cyber-attacks or cyber terrorism;

7.2.7 use of open vehicles not covered by a tarpaulin, when the use of a tarpaulin is expressly agreed to and is listed on the consignment note;

7.2.8 the handling, loading, stowing, or unloading of the Goods by the sender, Consignor, Consignee, or persons acting on account of the sender or the Consignee, or when Widem Logistics performed these actions under supervision and monitoring of the Customer;

7.2.9 absence or faultiness of the packages for Goods, which, due to their nature, are exposed to loss of quality or damage, if they are not or inadequately packaged;

7.2.10 the nature of certain goods, which due to causes related to this nature are exposed to either whole or partial loss, or to damage, in particular by breaking, rusting, spoiling, drying out, leaking, normal loss of quality, or presence of pests of rodents;

7.2.11 incompleteness or faultiness of brands or numbers of packages;

7.2.12 Widem Logistics shall not be liable for shortage, loss, or damage to the Goods and other damages incurred, including loss of quality and commercial damages, resulting from theft, the presence of Unauthorised Persons in the vehicle and/or trailer or from traces of the presence of these Unauthorised Persons;

7.2.13 Widem Logistics shall not be liable for loss of earnings, special, indirect, or consequential damage of any nature incurred by the Customer as a result of a mistake made by Widem Logistics or its Carrier in the context of the Transport Order.

8. Freight Fees and Transport Costs

8.1 The Freight Fees and Transport Costs are entirely payable by the Customer at the start of the Transport Order, without discount, credit, or the right to set off with a claim against Widem Logistics or the Carrier, also if the transport cannot be terminated entirely due to causes beyond Widem Logistics’s control. The tariffs for Transport Costs are subject to (i) the Widem Logsitics’ variable diesel floater and general transport surcharge which are available on the transport rate card and (ii) the economic and/or operational circumstances of the Transport Services provided.

8.2 If Widem Logistics has agreed in writing that the Freight Fees and Transport Costs may be paid by another person than the Customer, the Customer will indemnify Widem Logistics for the amount that is not paid, or not paid completely to Widem Logistics on the due date, including the interest and costs.

9.Waiting Hours

9.1 The time frame for loading and unloading is calculated from the arrival of Widem Logistics or its Carrier at the entry to the site of the Customer, Owner, Consignor, and/or Consignee or from a time for loading or unloading agreed by the parties, regardless of whether the actual Delivery is performed by Widem Logistics.

9.2 If the agreed times for loading and unloading as set out in Clause 9.1 of this Section are not complied with, it is assumed that Widem Logistics will account for one hour of waiting time. For each additional half hour, an additional compensation of EUR 55 per current half hour is charged.

9.3 Widem Logistics is entitled to compensation for the total costs resulting from other waiting times that, taking into account the circumstances of the transport, exceed the usual duration.

SECTION III:

WAREHOUSING

1.Scope

1.1 The provisions under Section III of these Terms and Conditions apply to Warehousing Services provided by Widem Logistics, regardless of whether the Custody of the Goods occurs before or after a Transport Order or separately from any Transport Order.

1.2 Widem Logistics’ Warehousing Services shall include (i) the reception of Goods: (i) inbound flow; (ii) confirmation of receipt and put away in storage location; (iii) storage, inventory control, (iv) order preparation, and (v) VAL Activities.

2.Information Requirement

2.1 The Customer undertakes to provide all information in writing to Widem Logistics before the start of the Custody so that Widem Logistics can execute the Order in accordance with the Law, including:

2.1.1 the right and accurate description of the Goods, type, number, weight, product information, European MSDS labels, condition, possible hazard class, and packaging characteristics, and any other characteristics and properties of the Goods, SKUs, and their packaging, which may be of relevance to the sound performance of the Warehousing Services;

2.1.2 information related to storage and handling of the Goods, time schedules for transport, stock management, requirements concerning product quality, and;

2.1.3 all instructions and limitations with respect to the protection, handling, or storage of the Goods and the execution of the Custody in general.

2. 2.2 If the Goods are subject to customs and excise taxes or other Taxes imposed by any Authority, the Customer, no later than the start of the Custody, should provide Widem Logistics with all information that Widem Logistics, in accordance with the Law, must be able to provide to the Authority in its capacity as a warehouse keeper.

3.Operational measures

3.1 The Customer warrants that all Goods have been properly and sufficiently prepared, packed, labeled, and/or marked and that the preparation, packaging, labeling, and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods. The packing must ensure its safety during transportation and storage, and eliminate the possibility of damaging the vehicles, and other goods in the Warehouse and the Warehouse.

3.2 The Customer shall instruct any other relevant Third Party, of the requirements, set out in these Terms and Conditions and shall cause these Third Parties, the Goods and SKUs delivered at the Warehouse to comply with these Terms and Conditions.

3.3 In case the Customer and/or its appointed Third Parties fail to comply with the requirements set out in these Terms and Conditions, including requirements regarding correct labeling of the goods and pallets, loading instructions, and pallet specifications, Widem Logistics reserves its rights to refuse acceptance of the Goods or to carry out the rework, whereby Widem Logistics shall be entitled to charge these additional services to the Customer. Widem Logistics shall not be liable for the loss, damage, or delay if it occurred, as a consequence of noncompliance with these Terms and Conditions.

4.Warehouse – access to the Warehouse

4.1 The Customer will be deemed to have familiarised itself with and considered all conditions that could affect the Warehousing Services at Warehouseing, including information relating to the Warehouse and its surroundings, characteristics, surveillance, and any physical surface and to have taken into account the climatic condition. The Customer acknowledges that Widem Logistics gives no warranty whatsoever in respect of the site conditions and it shall have no liability whatsoever and howsoever arising in respect of the site conditions.

4.2 Widem Logistics is under no obligation to grant access to Persons at the Warehouse unless a prior arrangement has been made with the Customer. The Customer guarantees that every person allowing access to the Warehouse and accompanying the Goods possesses the appropriate Authorizations and clearance from relevant Authorities and will abide by all Laws, and Widem Logistics’ instructions, including compliance with Laws about alcohol and drug consumption, immigration, customs, and health.

4.3 Widem Logistics reserves the right to refuse the Goods entry to its Warehouse at any time, at its sole discretion, without any liability or compensation. This includes situations where the Customer fails to fulfill or delays in fulfilling its obligations under these Terms and Conditions, or when Widem Logistics reasonably suspects that the Customer may breach its obligations under these Terms and Conditions or the Goods are not properly authorized, accredited, or in full compliance with Customs Formalities, or other requirements set out in the Law.

5.Unloading – Acceptance

5.1 The Customer shall be responsible for delivery and unloading of the Goods from the vehicle to the Warehouse. If Widem Logistics is asked by the Customer or by the Carrier to unload the Goods from the vehicle

5.2 Widem Logistics shall be responsible for the Acceptance of the Goods to the Warehouse. The transfer of risks and liability occurs at the moment of the Acceptance of the Goods by Widem Logistics.

5.3 After unloading the Goods, Widem Logistics will verify (i) the information on the Consignment Note, (ii) the number of packages, (iii) the brand signs and the numbers, as well as (iv) the external condition of the Goods and their packaging. In the case of loss, damage, shortages, or other faults, Widem Logistics will note a reservation on the Consignment Note and list the reason for that reservation.

6. Custody

6.1 Widem Logistics shall assume custody of Goods from the moment of Acceptance until the moment of Collection (“Custody”). The transfer of risks and liability occurs at the moment of the Acceptance of the Goods by Widem Logistics until the Custody ceases.

6.2 The Customer grants Widem Logistics permission to deliver the Goods to the Consignee, their representative, or any individual whom Widem Logistics reasonably deems authorized to collect on the Consignee’s behalf. The Customer and the receiving party are solely responsible for properly identifying and collecting the Goods for which delivery is requested, without holding Widem Logistics liable for any losses or damages, regardless of the cause, including Widem Logistics’ negligence.

6.3 If, following Custody, the Customer, its representatives, or agents accept the Goods without verifying the condition of the Goods or without, in the case of visible loss or damage, no later than the moment of Collection, or, in the case of invisible loss or damage, no later than seven days after delivery, including Sundays and public holidays, notifying Widem Logistics of reservations in writing, indicating the general nature of the loss or damage, barring evidence to the contrary, it will be deemed to have received the Goods in the state described in the Consignment Note or delivery note.

7.Handlings

7.1 Unless specific written instructions are provided by the Customer and accepted in writing by Widem Logistics, Widem Logistics retains full discretion regarding the means and procedures used in providing the Warehousing Services, including the receipt, collection, loading, discharging, or delivery of Goods. If Widem Logistics believes it is in the Customer’s best interest, it may deviate from the Customer’s instructions (whether accepted by Widem Logistics or not) in any aspect, without any liability or compensation.

7.2 The Customer must ensure that all Goods arrive, are handled, and depart at the Warehouse in accordance with Widem Logistics’ instructions and requirements, as well as those of any Authority. If Widem Logistics, at its sole discretion, determines any circumstances that could prevent or hinder the safe performance of Warehousing Services, it may refuse to handle the Goods and shall notify the Customer of its refusal. Upon receiving such notice, the Customer is responsible for removing or arranging the removal of the Goods from the Warehouse immediately, at their own risk and expense. Widem Logistics further reserves the right to remove or arrange for the removal of any Goods remaining at or on the Warehouse contrary to Widem Logistics’ instructions, without any notice and incurring liability, or costs. The Customer shall indemnify and hold Widem Logistics harmless for any loss, damage, liability, costs, and expenses arising directly or indirectly from the Customer’s breach of this obligation.

8.Removal of the Goods

8.1 If the Customer fails to collect the Goods in such manner and within such timelines as stipulated by Widem Logistics and/or the Authorities, then the Goods will be at the Customer’s risk and subject to applicable Warehousing rates payable by the Customer. This clause also applies when any Goods are delayed, blocked, uncleared, or remain on the Warehouse beyond the maximum time due to the Customer’s failure to properly and timely fulfill all Customs Formalities required by Law and/or the Terms and Conditions.

8.2 Notwithstanding Clause 8.1 of this Section, if Goods remain in the Warehouse beyond any specific storage time or the timelines as stipulated by Widem Logistics and/or the Authorities, Widem Logistics reserves the right to issue a notice of removal to the Customer, demanding the removal of the Goods by the specified date. The Customer must ensure the removal as instructed by Widem Logistics without objection or delay.

8.3 If the Goods remain uncollected after the removal date specified in the notice to the Customer in the sense of Clause 8 of this Section, Widem Logistics may, at its discretion and without further notice or liability (solely at the Customer’s risk and expense): (i) relocate the Goods to another location, and/or (ii) sell or dispose of the Goods in any other manner. The proceeds from any such sale shall be used to: cover the sale expenses, including any commissions, Taxes, or other costs Widem Logistics is required to pay; and/or (ii) settle any outstanding debts owed by the Customer to Widem Logistics, whether related to the subject matter in question or not.

9.Condition of the Goods

9.1 The Customer represents and warrants that all Goods are fit for their intended purposes and in a fit and proper condition to be handled or otherwise dealt with in the normal course of business by the equipment and operating procedures usually employed at the Warehouse by Widem Logistics for its Warehousing Services.

9.2 The Customer represents and warrants that it has complied with all Laws, and with all formalities, procedures, regulations, and guidance prescribed by any Authority relating to the carriage, handling, and movement of the Goods and Widem Logistics accepts no responsibility whatsoever for the failure of the Customer to comply with the Laws, with all formalities, procedures, regulations, and guidance or the consequences of such failure.

9.3 Unless otherwise specified in writing to Widem Logistics before the Goods are delivered to the Warehouse, the Customer represents and warrants that any Goods which it delivers, directs to or causes to be upon the Warehouse: (i) does not include, or is not, Dangerous Goods, (ii) is not infested, verminous, rotten or subject to fungal attack and not liable to become so while at the Warehouse, (iii) is not over-heated or under-heated or liable to become so while at the Warehouse, (iv) requires for its safekeeping no special protection (other than as may be agreed in writing between Widem Logistics and the Customer) arising from vulnerability to heat, cold, moisture, salt, pilferage or proximity to other Goods or from flammability but will remain safe if left standing in the Warehouse or in covered accommodation if agreed in writing with Widem Logistics, (v) contains no unauthorised controlled drugs, contraband, prohibited or stolen goods, or other illegal material or substances; (vi) is properly and sufficiently packed in accordance with all Laws and the codes of conduct, practice directions and regulations, and (vii) is properly and sufficiently prepared, marked, packed, stowed, documented and labelled for all carriage, handling, storoage, movement and other operations or transactions affecting them.

9.4 The Customers understand that Dangerous Goods may only be delivered at the Warehouse with Widem Logistics’s prior written consent. The Customer is required to provide Widem Logistics with an accurate Dangerous Goods declaration, including all necessary precautions related to the Dangerous Goods, the IMDG Class, and the UN number, necessary for Widem Logistics to perform its obligations in connection with such Dangerous Goods in accordance with all the Laws. The Customer shall ensure that the Dangerous Goods are labeled, and the Transport Units distinctly marked, in accordance with the Laws and properly packaged to avoid any mishaps and accidents.

9.5 The Customer assumes full responsibility for the carriage of Dangerous Goods, including any risks involved. The Customer shall be held liable for any injuries, including loss of life, damages, or losses resulting from such carriage, even if Widem Logistics is under strict liability stemming from the provision of the Services.

10.Urgent measures

10.1 Widem Logistics shall be entitled, at the expense and risk of the Customer, to take all measures it deems necessary, including the destruction of the Goods, if the absence of such measures, in all reason and fairness, poses a threat of loss or damage to the Goods themselves, to other Goods held by Widem Logistics (by Third Parties or by itself) or to the Warehouse.

10.2 The Customer will immediately inform Widem Logistics of any occurrence or incident which might affect the safe and efficient operation of Widem Logistics or other Persons using the Warehouse and take, at its own cost, such reasonable steps to control or eliminate any danger or inconvenience as may be required by Widem Logistics. The Customer shall indemnify and hold Widem Logistics harmless from and against any costs, fines, claims, indemnities, or other losses of whatever nature arising from such occurrence or incident unless the occurrence or incident has been caused by the Gross Negligence of Widem Logistics.

11.Working Hours

11.1 Widem Logistics will perform its Warehousing Services on Business Days and during Business Hours.

11.2 If the Warehousing Services due to governmental regulations or measures, or due to unforeseen events, or in the interest of the Goods or if Widem Logistics, must be carried out on other days or times than those listed in Clause 11.1 of this Section, Widem Logistics will have the right to carry out these activities outside of the normal Business Days and Business Hours, if necessary without prior approval from the Customer.

11.3 If, in accordance with Clause 11.2 of this Section Warehousing Services are carried out outside of the Business Days and/or Business Hours or if the

Customer prefers this, the extra costs will be borne by the Customer.

12.Volume Change

12.1 The Customer will provide an estimate of the average storage volume per agreed period before the first Order. If the estimated average of storage volumes were to increase or decrease by 15% or more, the Customer undertakes to notify Widem Logistics no later than 30 days before the start of the modified Order (“Volume Change“). In that case, Widem Logistics reserves the right to revise the storage rates.

12.2 In any event, Widem Logistics cannot be held liable for losses incurred by the Customer as a result of the impossibility of Widem Logistics to handle the Volume Change set out in Clause 12.1 of this Section in the usual way.

12.3 The Customer undertakes to indemnify and hold Widem Logistics harmless for losses incurred by Widem Logistics because of a Volume Change, including loss of earnings, insofar as the Customer has not notified Widem Logistics of this Volume Change on time, as set out in Clause 12.1 of this Section.

13.Stock Differences

13.1 Widem Logistics will maintain a stock administration of the Goods based on the stock-keeping units or references, where Stock Differences will be evaluated once per year.

13.2 In the case of a negative difference of more than 1% of the total Annual Volume, the Customer is entitled to a compensation equal to the proven Value On Arrival of the Stock Differences concerned, for the percentage above the threshold of 1%.

14.Liability of Widem Logistics

14.1 Widem Logistics shall not be held liable for any damage or loss incurred by or to any Person, or Goods during their Custody at the Warehouse, except as expressly provided in these Terms and Conditions. Widem Logistics shall not be liable for any damages or losses of any kind that may occur prior to or following their period of Custody.

14.2 Widem Logistics’ liability for damage or loss to or concerning the Goods shall be limited to instances where such material damage or loss results from a breach of the Terms and Conditions and/or failure to comply with written instructions provided promptly by the Customer, provided that such breach and/or non-compliance is attributable to Widem Logistics’ Gross Negligence. The burden of proving that loss or damage was due to Widem Logistics’ Gross Negligence, shall rest upon the Customer.

14.3 If Widem Logistics were liable for the partial or entire loss of or damage to or shortage of Goods, the damage shall be calculated based on the value of the Goods at the moment and the place of the performance of the Warehousing Services by Widem Logistics. The value of the Goods shall be fixed according to the commodity exchange price or, if there is no such price, according to the current market price or, if there is no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.

14.4 Any exclusions and limitations of liability outlined in these Terms and Conditions shall apply to all claims against Widem Logistics, regardless of whether such claims are based on contractual or tortious grounds.

15.Limitation of Widem Logistics Liability

15.1 Widem Logistics shall not be liable in respect of any claim where the damage for which Widem Logistics would otherwise be liable does not exceed 1.000 euro (the “De Minimis”), whereby any related claims shall be aggregated to determine the application of this Clause 15.1 of this Section. If the amount of the damage exceeds the De Minimis, Widem Logistics shall be liable for the entire amount of all damage claimed by the Customer, subject to the limitations set out in this Clause 15 hereof and all other limitations of liability.

15.2 If Widem Logistics is liable for compensation in respect of damage, total or partial loss of Goods under Clause 14 of this Section, compensation for damage to or loss of the Goods is limited as follows:

15.2.1 the compensation shall be the value of any loss or damage, or a sum at the rate of 2 Special Drawing Rights (SDR – IMF) per kilogram of the gross weight of any Goods lost or damaged, whichever is the lesser;

15.2.2 the maximum compensation regardless of the number of packages for each claim of damage, shall in no case exceed 10.000 euros per Incident, and;

15.2.3 In case of all other claims, compensation shall be:

15.2.3.1 the value of the Goods of the subject Order, or;

15.2.3.2 where the weight can be defined, as a sum calculated at the rate of 2 euros per kilogram of gross weight of the subject Goods of the said Order;

15.2.3.3 10.000 euros in respect of any one Order; whichever shall be lesser.

15.15.3 The aggregate liability of Widem Logistics in respect of all claims with respect to the same Customer under Clause 14 of this Section shall not exceed the amount of 30.000 euros per year. If multiple Customers incur damage or loss by the same Incident, and the total amount of damages exceeds 30.000 euros, compensation shall be distributed proportionally, resulting in each Customer being entitled to a proportional share of the compensation.

15.4 Widem Logistics and its Customer do not exclude or limit the application of any provisions of any Law (such as implied condition or warranty) to the extent that such exclusion would contravene the applicable Law or cause any part of these Terms and Conditions to be void.

16.Liability Exemptions for Widem Logistics

16.1 Notwithstanding Clauses 15 and 16 of this Section, Widem Logistics shall not be liable for any loss, damage, delay, claims, non-performance, error, or omission whatsoever, including for any loss or damage to Goods during operations, arising directly or indirectly from the following categories of events:

16.1.1 Force Majeure and any other cause or event that is outside the control of Widem Logistics and could not be avoided, prevented, or overcome with reasonable foresight, prudence, and diligence and materially prevents, hinders, or delays the performance of all or a part of Widem Logistics’ obligations under these Terms and Conditions;

16.1.2 the Stock Differences amount to less than 1% of the total Annual Volume in accordance with Clause 13 of this Section;

16.1.3 the nature of the Goods exposing them to a total or partial loss or damage due to breakage, rust, decay, desiccation, leakage, wastage, inherent or latent defect or vice or natural deterioration;

16.1.4 insufficiency or inadequacy of marks or numbers on the Goods or the packaging of the Goods;

16.1.5 damage due to deterioration, shrinkage, oxidization and wastage, decay and glass, liquids, and fragile articles occurring despite accepted practices for the care of Goods, shortage of space, other than those caused by or directly attributable to Widem Logistics;

16.1.6 compliancy with any Law or rule of any Authority, acts of any governmental or super-national authority;

16.1.7 power outage at the Warehouse other than those caused by or directly attributable to Widem Logistics;

16.1.8 catastrophic impact on Widem Logistics’ information technology ecosystem (software and hardware), including malicious cyber-attacks or cyber terrorism;

16. 16.2 In respect of loss or damage to Goods, Widem Logistics shall in addition and at its option be entitled to avail itself of the defenses limitations and exclusions of liability to the Customer under the contract of carriage which has been issued in respect of Goods carried by the Carrier.

16.3 Under no circumstances, Widem Logistics shall be liable for delay, consequential and indirect loss or damage, including loss of profit, business interruption, loss of market share, loss of goodwill, loss of future or anticipated sales, loss of production or factory downtown, damages, costs, or expenses incurred or payable by the Customer to any Third-Party.

SECTION IV:

FREIGHT FORWARDING

1.Scope

1.1 The terms and conditions set out in this Section IV “Freight Forwarding” shall apply to any form of services provided by Widem Logistics related to the arranging of the transportation and logistics of Goods on behalf of the Customer in its capacity as a freight forwarder, including Customs Representation.

1.2 If Widem Logistics is responsible for Forwarding Services, Widem Logistics shall be deemed to have been appointed by Customer as “freight forwarding acting as agent” in the sense of Article 1,3° of the Belgian Act of 26 June 1967 on the status of freight intermediaries and under the specific terms and conditions set out in these Terms and Agreements and the Belgian Forwarding Standard Trading Conditions 2005 (Annex 1). This Section IV “Freight Forwarding” and the Belgian Forwarding Standard Trading Conditions 2005 are to be taken as correlative and mutually explanatory of one another, but in case of conflict between these conditions, this Section IV Freight Forwarding shall prevail over the Belgian Forwarding Standard Trading Conditions 2005.

1.3 Widem Logistics reserves to itself full liberty as to the means, route, and procedure to be followed in the performance of these Forwarding Services provided in the course of business undertaken subject to these Terms and Conditions. Advice and information, in whatever form it may be given, is provided by Widem Logistics for the Customer only. The Customer shall indemnify Widem Logistics against all loss and damage suffered as a consequence of passing such advice or information on to any Third Party. Incorrect and/or incomplete advice provided by Widem Logistics to the Customer cannot give rise to compensation from Widem Logistics to the Customer. 1.4 To provide these Forwarding Services, Widem Logistics shall be entitled, and the Customer hereby expressly authorizes Widem Logistics to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfill the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise.

2.Obligations of the Customer

2.1 Information duty

2.1.1 The Customer shall provide Widem Logistics with all information and documents necessary to perform its Forwarding Services in accordance with the Laws, and any other relevant data.

2.1.2 The Customer undertakes further to inform Widem Logistics in writing of all characteristics and properties of the Goods, and their packaging (including, the nature, gross weight, gross mass, and measurements of any Goods), and the description and particulars of any services required by or on behalf the Customer, which may be of relevance to the sound performance of the Forwarding Services in accordance with the Law, including CMR, COTIF/CIM regulation, and Hague-Visby Rules. The Customer shall be responsible for all data on the Consignment Note.

2.1.3 Except pursuant to instructions previously received in writing and accepted in writing by Widem Logistics, Widem Logistics will not accept or deal with Dangerous Goods or Goods of a damaging nature, nor with Goods likely to harbor or encourage vermin or other pests, nor with Goods liable to taint or affect other Goods. If such Goods are accepted according to a special arrangement, but, thereafter, and in the opinion of Widem Logistics, constitute a risk to other goods, property, life, or health, Widem Logistics shall, where reasonably practicable, contact the Customer to require him to remove or otherwise deal with the Goods, but reserves the right, in any event, to do so at the expense of the Customer.

2.1.4 In any event, the Customer must declare to Widem Logistics the presence of any possible hazardous goods or waste permitted under the UIC data specification and must comply with the provisions that govern their transport. In addition, the provisions of the Regulation on the international carriage of dangerous goods apply to their entirety, including RID (“Reglement international concernant le transport des marchandises dangereuses par chemin de fer”), ADR (“Accord européen relatif au transport international des marchandises Dangereuses par Route”), and IMDG-code (“International Maritime Dangerous Goods Code”).

2.2.2 Packaging, labels, marks, and sealing

2.2.1 The Customer warrants that all Goods have been properly and sufficiently prepared, packed, stowed, labeled, and/or marked and that the preparation, packaging, stowage, labeling, and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods.

2.2.2 The Customer warrants any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is fit for purpose, free from visible and invisible defects, and suitable for transportation (all parts must be securely attached and in closed condition).

2.2.3 The Customer warrants that where Widem Logistics receives the Goods from the Customer already stowed in or on a Transport Unit, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon;

2.2.4 The Customer warrants that where Widem Logistics provides the Transport Unit, by the mere fact of loading by the Customer, the Customer confirms that the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon.

2.2.5 The Customer shall pack the Goods in such a way that they are protected from total or partial loss and damage during carriage and in such a way that they cannot harm persons, or other goods or transport equipment during the entire carriage and storage. The Customer shall also be responsible for the weight distribution in the Transport Unit and the Customer must guarantee that the load of a Transport Unit is the same as the weight indicated on all documents, including the transport order provided by the Customer to Widem Logistics. If the actual load is exceeded and a Carrier is charging extra costs, Widem Logistics shall have the right to invoice all additional costs to the Customer.

2.2.6 If the Carrier would consider that the Goods or any part thereof cannot be safely or properly carried or stored due to the conditions of the Goods, inappropriate packaging, labeling, and sealing, the Carrier shall be entitled to request that Widem Logistics inspects any part thereof and takes any remedial steps as are reasonably necessary before the Carrier being required to carry the Goods. Widem Logistics shall be entitled to instruct the Customer to carry out such inspections and/or carry out such inspections itself. In the latter, Widem Logistics shall be entitled to invoice any additional costs to the Customer. In the event such steps result in the delivery of the Goods being delayed, Widem Logistics shall not be liable and any costs, charges, fees, compensations, charges, and/or indemnification payments incurred by Widem Logistics shall be payable by The Customer.

2.2.3 Loading and unloading

2.3.1 By default and unless agreed otherwise, the handling, loading, unloading of the Transport Unit, discharge and/or storage of Goods, packaged and labeled and at the times stated in these Terms and Conditions or an Order, at the place of acceptance or the place of delivery is the responsibility of the Customer which has to respect any appropriate instructions given by Widem Logistics or the Carrier and which has to assure that all the operations are timely executed to be able to respect the planning. Before any shipment, the Customer must place seals on the closed Transport Units.

2.3.2 The Customer understands and accepts that the Carrier reserves the right to inspect the Goods, how the loading is done, the compliance of the Goods with the statements in the Consignment Note, and the information given by the Customer, and any defects and damage at any time. Such inspections do not in any way imply any responsibility on the part of Widem Logistics.

2.2.4 Delivery

2.4.1 Except under special arrangements previously made in writing by Widem Logistics, or made pursuant to or under the terms of a printed document signed by Widem Logistics, any instructions relating to the delivery or release of the Goods in specified circumstances (such as, but not limited to, against payment or surrender of a particular document) are accepted by Widem Logistics, where Widem Logistics has to engage Third Parties to effect compliance with the instructions, only as agents for the Customer.

2.4.2 Despite the acceptance by Widem Logistics of instructions of the Customer to collect freight, duties, charges, dues, or other expenses from the Consignee, or any other Person, on receipt of evidence of proper demand by Widem Logistics, and, in the absence of evidence of payment (for whatever reason) by such Consignee, or other Third Party, the Customer shall remain responsible for freight, duties, charges, dues, or other expenses.

2.4.3 Should the Customer, Consignee, or Owner of the Goods fail to take delivery at the appointed time and place when and where Widem Logistics is entitled to deliver, Widem Logistics shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Widem Logistics’ liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. Widem Logistics’ liability, if any, in relation to such storage, shall be governed by these Terms and Conditions. All costs incurred by Widem Logistics as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer.

3. Customs and excise formalities

3.1 General Principles

3.1.1 Unless otherwise agreed, the Customer is responsible for the submission of all customs, transit, and excise declarations required for the carriage of the Goods and the fulfillment of any Customs Formalities related to the carriage of the Goods.

3.1.2 If agreed with Widem Logistics to appoint Widem Logistics as Customs Representative, the Customer shall provide a signed power of attorney (“PoA”), in the format provided by Widem Logistics, authorizing Widem Logistics for customs representation vis-à-vis the Authorities. The PoA shall determine the capacity of Widem Logistics as a direct or indirect Customs Representative of the Customer. Unless otherwise agreed in the PoA, the Forwarding Services shall always be executed as the Direct Customs Representative under the applicable Law.

3.1.3 Widem Logistics shall not handle Dual-Use or Military cargo subject to export licensing unless prior written approval by Widem Logistics and if a copy of the license is provided before the shipment.

3.3.2 Obligations for Import, Export, and Transit

3.2.1 The Customer is responsible for determining whether any of its Goods require any specific authorization or license to enable import or export and to inform Widem Logistics thereof accordingly.

3.2.2 The Customer undertakes to document each Order, including the fulfillment of the Customs Documents, before its execution, entirely and accurately in writing, and to fulfill and complete all Customs Formalities required by Law and/or Authorities, to enable Widem Logistics to execute its services timely and in accordance with the Law. The Customer shall provide Widem Logistics, upon the first request, with required additional details, data, and/or information to perform its services and/or to comply with the Authorities’ requests within the imposed time limits.

3.2.3 All requests, challenges, and questions posed by the Authorities to Widem Logistics, shall be forwarded to the Customer on a one-to-one basis, including any communication regarding inspections, demands to redeliver merchandise to the customs’ custody, notices of intent to change any element of a customs entry, informal queries such as rejections of entries or calls/requests for additional information to substantiate any claim made on an entry.

3.2.4 If the required information or documents are not provided in time, or when incomplete or erroneous information is provided, the Customer accepts that the subsequent execution of the Forwarding services and related transport services by Widem Logistics may be delayed and/or canceled, without any compensation being due by Widem Logistics.

3.2.5 The Customer shall upon availability immediately provide Widem Logistics with the MRN (or MRNs) confirming the release of goods customs status of the Goods as well as all other Customs Documents to enable Widem Logistics to execute its Forwarding Services timely. If the pre-lodgement model is used, the Customer shall provide Widem Logistics with the import documents or MRN before the execution of the Order.

3.2.6 The Customer ensures that Widem Logistics is, prior to loading of the Goods, in the possession of (i) information on the Consignor, (ii) information on the Consignee, and (iii) a description of the Goods so Widem Logistics can lodge a safety and security declaration if required.

3.2.7 If Customer is not the Exporter of Record or/and the Importer of Record, the Customer shall cause the exporter of record and/or importer of record to ensure Widem Logistics can perform its Forwarding Services timely and in accordance with the Law.

3.2.8 The Customer represents and warrants that all the information, statements, and documents, including Customs Documents, provided, are complete, accurate, adequate, correct, and sufficient to perform Forwarding services.

3.2.9 The Customer shall, in any event, notify Widem Logistics promptly upon becoming aware of any information and/or document, including Customs Documents, provided that is incorrect, inaccurate, erroneous, or fraudulent.

3.2.10 In any event, the execution of an Order can never be considered as a discharge of the Customer from its duties and obligations under these Terms and Conditions.

3.3 **Securities – Suspension**

3.3.1 If necessary, the Customer shall provide, upon Widem Logistics’ first request and at its choice, sufficient provision and/or guarantees, to cover all forms of Taxes.

3.3.2 In case the Customer wishes to use its deferment account or customs guarantee, the Customer represents and warrants that sufficient provision, guarantees, and securities are with the Authority in accordance with the Law, to allow smooth execution of the Customs Formalities. The Customer shall, before the commencement of any services, provide Widem Logistics with evidence of and access to its deferment accounts and/or customs guarantee.

3.3.3 In case the Customer fails to provide for the necessary guarantees as set out in this Clause 3.3 of this Section, the Customer shall, upon Widem Logistics’ first request, pay Widem Logistics all amounts, principal sum, and interests, that Authorities and/or any Third Parties claim from Widem Logistics. The Customer shall further compensate Widem Logistics for any resulting damage, costs, expenses, or delay incurred.

3.3.4 Widem Logistics shall be entitled to suspend or cancel the execution of its Forwarding Services without any prior notice and any compensation being due, if it is of the reasonable opinion that the Customer is not compliant or not on time with its duties set out in this Section IV or if it inadequately executes this requirement, including information duties and securities.

4.Charges

4.1 Widem Logistics shall be entitled to recover all reasonable costs and expenses entailed in carrying out specific instructions of the Customer, including all direct and indirect fees and costs, related to the inspection of entry documentation and/or the inspection of goods concerning the applicable entry or exit point practices.

4.2 Where applicable and wherever possible, all Taxes will be charged directly by the Authorities to the Customer, including:

4.2.1 customs duties, anti-dumping duties, levies, premiums, additional contributions or refunds, supplementary amounts or components, complementary rights, rights under the applicable customs tariff, and other present or future rights related to trading with third-party countries, contributions, and other levies;

4.2.2 excise duties, special energy levies, oil fuel inspection fees, environmental levies, green taxes, packaging taxes;

4.2.3 value-added taxes;

4.2.4 any levies, fees, and default interests payable for goods subject to declaration, rights arising from health inspections, local taxes, storage rights, and any other contributions the administration grants respite for under Law.

4.4.3 Widem Logistics shall have the right to set off all payments, amounts, and/or refunds which it might receive from any Authority, for the account of the Customer, against any sum due by the Customer towards Widem Logistics under these Terms and Conditions.

5.Widem Logistics’ Liability

5.1 Liability as forwarding agent 5.1.1 Except if expressly agreed otherwise, Widem Logistics acts as a forwarding agent (“commissionair-expediteur”), and Widem Logistics shall only be liable for Gross Negligence committed in its capacity as a forwarding agent according to the Belgian Freight Forwarding Standard Trading conditions as annexed under Annex 2.

5.5.2 Liability as carrier

5.2.1 Should Widem Logistics’ Forwarding Services not qualify as freight forwarding services, but as a carriage of goods, Widem Logistics’ liability shall be governed by the Law applicable to the relevant mode of transport.

5.2.2 Any liability of Widem Logistics as a carrier for both national and international carriage of goods by rail shall remain within the scope of CMR. Any liability of Widem Logistics as a sea carrier for the carriage of goods by sea shall remain within the scope of the Hague-Visby Rules.

5.2.3 Any liability of Widem Logistics as carrier ends at the arrival on the place of destination and Widem Logistics shall not be liable as a carrier for the loading, and unloading of the Goods, the storing of Goods, or any other handlings of the Goods.

5.5.3 Other claims – limitations of liability

5.3.1 Without prejudice to possible limitations of liability of the above-mentioned liability regimes under Clauses 4.1 and 4.2 of this Section, and as far and to the extent as permitted by Law, the following limitations of liability shall apply for claims not covered under Clauses 4.1 and 4.2 of this Section:

5.3.2 Widem Logistics shall be liable only for such loss, damage, and/or delays directly proven Gross Negligence on its part, to the exclusion, as far as legally permitted, of proof based on legal or factual assumptions.

5.3.3 under no circumstances, Widem Logistics shall be liable for delay, consequential and indirect loss or damage, including loss of profit, business interruption, loss of market share, loss of goodwill, loss of future or anticipated sales, loss of production or factory downtown, damages, costs, or expenses incurred or payable by the Customer to any Third Party.

5.3.4 If Widem Logistics is liable for compensation in respect of partial or entire damage, defects, or loss of the Goods under Clause 4.3 of this Section, compensation for damage, defects to, or loss is limited as follows:

5.3.4.1 compensation shall be the value of the Goods of the subject Order between Widem Logistics and the Customer; or

5.3.4.2 where the weight can be defined, as a sum calculated at the rate of 2 SDR per kilo of the gross weight of the subject Goods of said Order;

5.3.4.3 5.000 euros in respect of any one Order; whichever shall be lesser.

5.3.5 The aggregate liability of Widem Logistics in respect of all claims under Clause 4.3 of this Section shall not exceed the amount of 10.000 euros per incident. If multiple Customers incur damage or loss, and the total amount of damages exceeds 10.000 euros, compensation shall be distributed proportionally, resulting in each Customer being entitled to a proportional share of the compensation.

6. Exemption clause

6.1 Without prejudice to possible limitations of liability of the above-mentioned liability regimes under Clauses 4.1 and 4.2 of this Section, the terms of Annex 2 and Clause 4.3 of this Section, Widem Logistics shall not be liable for any losses, damages, costs, delays, and expenses following from, or arising out of the following situations:

6.1.1 Force Majeure and any other cause or event that is outside the control of Widem Logistics and could not be avoided, prevented, or overcome with reasonable foresight, prudence, and diligence and materially prevents, hinders, or delays the performance of all or a part of Widem Logistics’ obligations under these Terms and Conditions;

6.1.2 act, omission, or instructions of the Customer as well as any information received by the Customer or on behalf of the Customer;

6.1.3 compliance with any Law or rule of any Authority

6.1.4 compliance with Customer’s instructions, or arising from any breach by the Customer of any warranty contained in these Terms and Conditions, or from the negligence of the Customer;

6.1.5 Under no circumstances, Widem Logistics shall be liable for delay, consequential and indirect loss or damage, including loss of profit, business interruption, loss of market share, loss of goodwill, loss of future or anticipated sales, loss of production or factory downtown, damages, costs, or expenses incurred or payable by the Customer to any Third-Party.

ANNEX I: Definitions and interpretation

1.In addition to the terms defined elsewhere in the Terms and Conditions, capitalized words and expressions shall have the meaning set out below:

1.1 Acceptance means accepting the Goods for Warehousing Services after the items are physically lifted off the truck at the Warehouse and the Transport Documents have been signed by Widem Logistics;

1.2 Annual Volume means the yearly sum of incoming, outgoing, and handled amounts of Goods within Widem Logistics for the same Customer.

1.3 Affiliated Companies means any firm, company, corporation, or other organization in the Widem Logistics group which (i) is directly or indirectly controlled by Widem Logistics NV; (ii) directly or indirectly controls Widem Logistics NV; or (iii) is directly or indirectly controlled by a third party who also directly or indirectly controls Widem Logistics NV.

1.4 Authority or Authorities means any governmental authority, quasi-governmental authority, multinational organization or body, court, government or self-regulatory organization, commission, tribunal or any regulatory, administrative or other agency, or any political or other subdivision, department or branch of any of the foregoing, including customs authorities and their officers.

1.5 Authorizations means all licenses, consents, approvals, permissions, permits, certificates, qualifications, registrations, and other (public and private) authorizations necessary for the proper and efficient operation of its business.

1.6 Belgian Freight Forwarders Standard Trading Conditions means the conditions as drawn up by the non-profit association (“vereniging zonder winstoogmerk”, abbreviated into “VZW”) National Confederation of Freight Forwarders of Belgium and published in the Annexes of the Belgian State Gazette of 24 June 2005, including all amendments.

1.7 Business Day means a day, other than a Saturday, Sunday, or public holiday in Belgium, when banks in Brussels are open for business.

1.8 Business Hours means the period from 9.00 am to 5.00 pm on any Business Day.

1.9 Cargo Interest means anyone who would suffer a loss if the Goods were damaged, lost, delayed, or destroyed or who would benefit from the safe arrival of the Goods or, in general, showing an economic interest in the Goods.

1.10 Carrier means any road carrier, ocean carrier, and/or railway undertaking involved in the Services and/or the carriage of the Goods on behalf of the Owner.

1.11 Carrier means carrier appointed by Widem Logistics for the execution of (part of) the Transport Order;

1.12 Collection means collecting the Goods at the Warehouse whereby the items are physically put ready to be mounted onto the truck at the Warehouse and Transport Documents have been signed by Widem Logistics.

1.13 Consignee means the Person listed as such on the Transport Documents and/or to whom the Goods are deemed to be delivered.

1.14 Consignment Note means the consignment note for loaded or empty Transport Units drawn up in accordance with the provisions of the applicable Laws.

1.15 Consignor means the Person who is listed on the Transport Documents as the shipper and/or sender and/or in whose name and/or on whose account the Order is accepted and/or executed.

1.16 Custody has the meaning as set out in Clause 6 of Section III “W arehousing”.

1.17 Customer means any Person at whose request or on whose behalf Widem Logistics undertakes any business or provides advice, information, or Services.

1.18 Customs Documents means any documents in paper and/or electronic format relevant for customs and excise purposes and/or required by the Law and/or Authorities for the import, export, or transit of the Goods and/or change in the customs regime thereof, including commercial invoice, Transport Documents, customs value declaration, freight insurance, packing list, LRN, MRN, Entry Summary Declarations, Exit Summary Declaration, and any other documents associated with customs and/or excise import formalities such as, among others, proof of (preferential) origin, inspection certificates, import and export licenses, documents required for VAT purposes.

1.19 Customs Formalities means any formalities required by the Law and/or Authorities for customs and/or excise purposes such as import, export, transit of the Goods and/or storage in bonded warehouses, including the processing of Customs Documents, completing of declarations and clearances, payments of Taxes duties, excise and/or tariffs and any other Taxes, as well as any order, action or instruction given by an Authority in this respect.

1.20 Customs Representative has the meaning as set out in Article 18 of the Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (“UCC”) and any other applicable Law.

1.21 Dangerous Goods means any substances, materials, or goods that possess inherent hazards, pose risks to health, safety, the environment, or property, and are classified as hazardous, noxious, dangerous, radioactive, or polluting. Additionally, this includes any materials, fumes, residues, or vapors associated with such goods. The classification of “dangerous” is determined based on the Laws in effect.

1.22 De Minimis shall have the meaning set out in Clause 15.1 of Section III.

1.23 Delivery means making available Goods to the Consignee or other Cargo Interest, who will vouch for the release of the Goods, unstowing of the Goods, physical removal of the Goods from the vehicle, unloading, and all related actions.

1.24 Direct Customs Representative means Customs Representative acting in the name and on behalf of the Customer and/or Owner with Authorities.

1.25 Exporter of Record means the Person involved in the export of a specific shipment of products out of a country or customs union. The exporter of record status makes a company responsible for obtaining export clearance and for complying with export regulations.

1.26 Force Majeure means any event or circumstance beyond Widem Logistics’ control or which Widem Logistics cannot prevent by the exercise of reasonable diligence, and cannot be attributed to Widem Logistics claiming it and which makes it partially or wholly impossible for Widem Logistics to meet its obligations under the Agreement, including epidemics, fires, tsunamis, lightning strikes, earth quakes, hurricanes, whirlwinds, adverse weather conditions, volcanic activity, hostilities or acts of war, vandalism, sabotage or riots by anyone not employed by either party, national or regional strikes and a decision by an Authority (“fait du prince“), traffic congestion, shortage of labour, fire/explosion, quarantine restrictions, and/or any social and public health measures (imposed or required by Authorities) on Widem Logistics or any Persons, in relation to the Services and/or in relation to breakdown in or interruption on communications and/or the use or operation (malicious or not) of any computer, computer system, computer software program, malicious code, computer virus, computer process or any other electronic system, or otherwise any kind of cyber incident (malicious or not).

1.27 Forwarding Services means all services provided by Widem Logistics related to the arranging of the transportation and logistics of Goods on behalf of the Customer in its capacity as a freight forwarder, including as a Customs Representative.

1.28 Freight Fees means the agreed price for the transport of the Goods to the Consignee.

1.29 Goods means the goods described or deemed to be described in the Order, the relevant Transport Documents and/or Customs Documents as well as the Transport Units used.

1.30 Gross Negligence means any fault or negligence committed recklessly and with the knowledge that damage or loss would probably result therefrom.

1.31 Incident means any damage or loss occurring from the same cause.

1.32 Intellectual Property means all copyright (including rights in software), patents, trademarks, registered and unregistered design rights, rights in databases, rights in and to domain names, all rights to bring an action for passing off, and all rights in and to know how and confidential information, together with all rights to apply for protection in respect of any of the above rights and all other forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

1.33 Law means any national or international law, statute, regulation, directive, rule, ordinance, subordinate legislation, principle of common law, judgment, order, instruction, guideline, award, or decree of any Authority (including any judicial or administrative interpretation thereof) in force, fully implemented and enforceable.

1.34 Order means any Order by the Customer to Widem Logistics for the performance of or related to the Services, including Warehousing Services, Transport Services, and/or Forwarding Services, or any related services and/or activities.

35 Owner means the owner of the Goods, or Transport Unit and any other Person who is or may become interested in them.

1.36 **Person** means a natural person(s) or any body or bodies corporate

1.37 **Services** means Transport Services, Warehousing Services, and Forwarding Services, or any related services and/or activities.

1.38 **Tax** or **Taxes** means any and all forms of taxation, duties, levies, or imposts, whether direct or indirect including, customs and excise duties and other import duties, value-added tax, including import VAT, packaging levy, monitoring charges, environmental taxes, and duties and any other type of taxes or duties in any relevant jurisdiction; together with any interest, penalties, surcharges or fines relating thereto, due, payable, levied, imposed upon or claimed to be owed in any relevant jurisdiction.

1.39 **Third Party** means any other Person than Widem Logistics and the Customer.

1.40 **Threshold** means the actual and physical entry of the company sites belonging to the Customer, the Consignor, or the Consignee, possibly delimited and/or marked by signs, closures, gates, or other materials used to close off sites;

1.41 **Transport Costs** means all costs, other than Freight Fees, related to the execution of the Transport Order, including the costs related to loading and unloading, surcharges for waiting hours, diesel surcharge, ADR, customs scan, kilometer charges, toll, and all other expenses incurred in the interest of the Goods.

1.42 **Transport Documents** means any and all relevant documents for the execution of the Services, including for the carriage of the Goods, such as the waybill (Consignment Note) and/or any similar document, proof of delivery, packing list, and Customs Documents.

1.43 **Transport Services** means the services provided by Widem Logistics in its capacity as a road carrier.

1.44 **Transport Unit** means packing cases, pallets, containers, tankers, or any other devices used whatsoever for and in connection with the carriage of the Goods by land, sea, or air.

1.45 **Unauthorised Person** means any person whose access to and/or presence in a country where the loading/unloading takes place and/or where the vehicles stop, was refused or is unlawful for whatever reason, as well as any person who is unauthorized to perform services in the context of an Order.

1.46 **VAL activities** means Value Added Logistics activities in the supply chain, including picking, (re)packing, (re) labeling, reconditioning, (re)sampling, and other physical and intellectually similar activities performed by Widem Logistics;

1.47 **Value on Arrival** means the price of the production value or value on arrival of the Goods;

1.48 **Volume Change** shall have the meaning set out in Clause 12.1 of Section III.

1.49 **Warehouse** means any facility used by Widem Logistics and where Custody takes place, as well as any equipment movable or immovable in that space;

1.50 **Warehousing Services** means the services provided by Widem Logistics at its Warehouse, including the reception of the goods, storage, and VAL Activities.

1.51 **Widem Logistics** means the limited company Widem Logistics NV with a registered office at 8930 Menen, LAR P19, and with company number 0425.067.361 and any of its Affiliated Company.

2.The words “include”, “includes”, and “including” and all forms and derivations thereof shall mean “including but not limited to”.

3.Any reference to obligations, undertakings, or liabilities mentioned in these Terms and Conditions which would rely on a Third Party related to the Customer, including on the Owner, the Consignee, the Consignor, and/or the Cargo Interest, whenever applicable, shall also be considered liabilities, obligations, and undertakings of the Customer with joint and several liabilities. The Customer shall cause these Third Parties, including the Owner, the Consignee, the Consignor, and/or the Cargo Interest, whenever applicable, to comply with these obligations and undertakings towards Widem Logistics and/or Third Parties under these Terms and Conditions so Widem Logistics is in a position to perform its Services on-time and to comply with the Law and the Customer’s instructions. The Customer shall be fully responsible and liable for any action or failings of these Third Parties in this context.

4.If any Law, including regulations and directives, is compulsorily applicable to any business undertaken, these Terms and Conditions shall, as regards such business, be read as subject to such Law, and nothing in these Terms and Conditions shall be construed as a surrender by Widem Logistics of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions is repugnant to such Law to any extent, such part shall as regards such business be overridden to that extent and no further.

ANNEX II: the Belgian Forwarding Standard Trading Conditions 2005

Click on the link below to read these conditions:

Belgian Forwarding Standard Trading Conditions 2005

In any case, we draw your attention to the following clauses included in Belgian Forwarding Standard Trading Conditions 2005:

•Article. 28:

“The Freight Forwarder’s liability shall be limited to that for fault, negligence, or omission in the performance of the instructions given to him. To the extent that such fault, negligence, or omission has caused any direct material damage or financial loss to the Customer or third parties, the Freight Forwarder shall be entitled to limit his liability to € 5 per kilogram gross weight of the goods lost or damaged, with a maximum of € 25,000 per contract.”

“The Freight Forwarder shall not be liable for the performance of any contract entered into by him for and on behalf of his Customer with third parties, servants or agents, pertaining to storage, transport, customs clearance or the handling of goods unless it is shown by the Customer that the defective performance thereof was directly caused by the Freight Forwarder’s fault.”