These Terms and Conditions describe the terms and conditions on which the Customer (or any Person that you nominate as the Customer from time to time) ("you") agree to Transport and Store your Goods with Lago Cold Stores.

1. Interpretation

In these Terms and Conditions:

1.1 "Charges" mean Lago Cold Stores' quoted charges and/or rates for Transport and/or Cold Storage as quoted by Lago Cold Stores to you from time to time plus GST.

1.2 "Cold Storage" means the process of cold storage operations and services undertaken by Lago Cold Stores in respect of the Goods and includes all the processes and handling of the Goods by Lago Cold Stores excluding Transport.

1.3 "Customer" means the Person requiring the provision of the Services by Lago Cold Stores and in an appropriate context includes its officers, employees, servants and agents.

1.4 "Forced Majeure Event" means anything outside a person's reasonable control, including, without limitation, flood, fire, theft, storm, tempest, act of God, war, terrorism, strike, lock-out and shortage of labour.

1.5 "Goods" mean the goods of whatever nature or kind provided by the Customer to Lago Cold Stores in relation to the provision of Services by Lago Cold Stores including any container, packaging or pallets supplied by or for the Customer.

1.6 "Lago Cold Stores" means Lago Cold Stores Pty Ltd ACN 009 930 063 carrying on business in its own name and under any business names and in the appropriate context includes its officers, employees, servants, agents, and subcontractors (and each of the subcontractors officers, employees, servants and agents).

1.7 "Person" includes any person, firm, corporation, company, governmental authority, local,state or federal government.

1.8 "Receiver" means the intended recipient of the Goods to be transported as directed by the Customer.

1.9 "Services" means the services provided by Lago Cold Stores to the Customer and specifically Transport and/or Cold Storage.

1.10 "Subcontractor" includes any Person Lago Cold Stores arranges to Transport or effect Cold Storage of the Goods on behalf of Lago Cold Stores.

1.11 "Transport" means the transport operations and services (from the point of receipt or delivery (as the case may be)) undertaken by Lago Cold Stores in respect of the Goods.

2.1 Lago Cold Stores may provide the Customer with Transport, where requested by the Customer. Transport shall be effected in accordance with the reasonable directions of the Customer subject to the application of these Terms and Conditions. These Terms and Conditions shall prevail in the event of an inconsistency between the reasonable directions of the Customer in relation to Transport and these Terms and Conditions.

2.2 Lago Cold Stores is not a common carrier, does not accept any liability as a common carrier and may refuse to Transport Goods or any class of Goods for any Person. Transport is effected entirely at the risk of the Customer and Lago Cold Stores has no responsibility or liability for the Goods whilst subject to Transport. Insurance of Goods in Transport is the sole responsibility of the Customer.


2.3 In the Transport of Goods, Lago Cold Stores relies on information and details supplied by the Customer and the Customer must provide timely and accurate information. Lago Cold Stores cannot verify and does not admit the accuracy or completeness of the information and details supplied by the Customer. A signature by Lago Cold Stores is only an acknowledgment of the number of items received from the Customer, and is not a verification of any other matter including the order or condition of the Goods.


2.4 If Lago Cold Stores is involved in delivery of the Goods to an address as directed by the Customer, then Lago Cold Stores will only deliver Goods to other than the usual Receiver's
address by special arrangement confirmed by Customer in writing and provided suitable delivery facilities are available at that other Party's address at all required hours of delivery.


2.5 The Customer must act reasonably and take reasonable care to protect its interests in the Goods during Transport.

3. Cold Storage

3.1 Lago Cold Stores may provide the Customer with Cold Storage, where requested by the Customer. Cold Storage shall be effected in accordance with the reasonable directions of the Customer subject to the application of these Terms and Conditions. These Terms and Conditions shall prevail in the event of an inconsistency between the reasonable directions of the Customer in relation to Cold Storage and these Terms and Conditions.


3.2 In addition to Lago Cold Stores' specific rights in these Terms and Conditions Lago Cold Stores may refuse to store any Goods at its discretion.

3.3 Goods are stored entirely at the risk of the Customer, and Lago Cold Stores accepts no responsibility or liability for the Goods. Insurance of Goods whilst subject to Cold Storage is the sole responsibility of the Customer.


3.4 The Customer warrants and confirms to Lago Cold Stores that the Goods are, at the time of delivery to Lago Cold Stores, at the required temperature suitable for the handling and storage of those Goods.


3.5 Lago Cold Stores relies on the information and details of description, items, pallet space, quantity, weight, quality, value and measurement supplied by the Customer and the
Customer must provide timely and accurate information. Lago Cold Stores cannot verify and does not verify the accuracy of such information and/or details.

3.6 The Customer must act reasonably and take reasonable care to protect its interests in the Goods during Cold Storage.

4. Customer's obligations

The Customer must:

4.1 not tender for Transport or Cold Storage any volatile or explosive Goods, or Goods which are or may become dangerous, inflammable or offensive (including radioactive materials) or which are or may become liable to cause damage, loss, injury or death to any Person or property without first presenting to Lago Cold Stores a full written description disclosing the nature of those Goods; and

5. Customer's warranties, releases and indemnities

5.1 The Customer warrants and agrees that:

(a) the Customer must on each occasion fully and adequately described to Lago Cold Stores the Goods, including their nature, weight and measurements and where applicable status of compliance with all applicable laws;

(b) given their nature, the Goods will be packed by the Customer in a proper way to withstand the ordinary and usual risks of Transport and Cold Storage;


(c) the Person delivering the Goods to Lago Cold Stores for Transport is authorised to do so on the Customer's behalf;

(d) the Customer is either the owner or the authorised agent of the owner of the Goods, these Terms and Conditions are binding on the Customer and the owner of the Goods (if the Customer is not the owner) and Lago Cold Stores contracts with the Customer on that basis;

(e) the Customer releases and indemnifies and agrees to keep Lago Cold Stores released and indemnified from all claims, demands, causes of action, suits,
proceedings, loss (including consequential loss and/or pure economic loss), damage, costs or expenses ("Claims") arising out of or relating to the provision of the Services
and/or the negligence (or other tort) of Lago Cold Stores (including but not limited to the loss or contamination of the Goods for whatever reason and including any Claims
made by any Person against Lago Cold Stores as a result of breach of these Terms and Conditions by the Customer). This release and indemnity does not apply to
release or indemnify Claims the Customer would have as a result of the wilful or fraudulent acts of Lago Cold Stores;

(f) the Goods will be free from any encumbrance, charge, lien or any other interest to the extent it may impact on the provision of the Services by Lago Cold Stores;


(g) the Goods will be clearly marked and easy to identify;


(h) the Goods are and will remain free of any objectionable matter or odours which may affect other goods Lago Cold Stores may have in storage at its facilities, unless the condition of the Goods has previously been notified in writing to Lago Cold Stores and Lago Cold Stores has accepted the Goods in that condition;

(i) the Customer knows of no circumstances which could lead to either the winding up or the bankruptcy (or other similar action being taken) of the Customer, as the case may
be, or to the exercise of any other rights, by any Person, over or against the Customer's assets or Goods. The Customer confirms it is not insolvent or unable to
pay its debts as they fall due. The Customer warrants and agrees that it will immediately inform Lago Cold Stores if any such circumstances do arise; and

(j) agrees that these Terms and Conditions may be pleaded as a defence to any proceedings commenced against Lago Cold Stores in relation to the Services, where these Terms and Conditions afford a basis for defence to those proceedings.

5.2 The Customer indemnifies Lago Cold Stores for any Claims arising from or relating to a breach of these Terms and Conditions by the Customer.

6. Lago Cold Stores' rights

6.1 If, in Lago Cold Stores' opinion, the Goods are or are liable to become dangerous, inflammable, explosive, volatile, offensive or damaging in nature, Lago Cold Stores may at
any time, and at the Customer's cost, destroy, dispose of, abandon or render such Goods harmless without being liable to pay compensation or other money to the Customer,
Receiver or other third party. Goods are dangerous if they are classified by either the IATA Dangerous Goods Regulations, the Australian Dangerous Goods Code or other applicable
law from time to time or if they may or are liable to injure, cause death to or damage people, property or the environment.

6.2 Lago Cold Stores is authorised to deliver the Goods to any address given to Lago Cold Stores by the Customer or any other address directed by the Customer or the Receiver. Lago Cold Stores will be taken to have delivered the Goods if at such address Lago Cold Stores obtains from any Person an acknowledgment of delivery.


6.3 If the address is unattended or the Receiver fails to take delivery of the Goods, Lago Cold Stores may, in its absolute discretion:

(a) deposit the Goods at the Receiver's address;


(b) store the Goods at the cost and expense of the Customer; or


(c) return the Goods to the Customer.


6.4 If any identifying document or mark is lost, damaged, destroyed or defaced on the Customer's Goods, Lago Cold Stores may open any document, wrapping, package or other container in which the Goods are placed or carried to inspect them either to determine their nature or condition or to determine their ownership or destination.


6.5 Lago Cold Stores may consolidate the Goods with others.


6.6 Lago Cold Stores may lease, hire or use any premises, container, pallet or rail wagon in which or on which the Goods may be placed or packed. Lago Cold Stores may subcontract any of the Services.


6.7 Subject to the terms of any bill of lading, hire lease agreement, equipment handover agreement, interchange receipt or other contract for Transport whether by sea, rail, road or air, Lago Cold Stores may give any receipt for any container or pallet or rail wagon.


6.8 If Lago Cold Stores believes it is necessary or desirable, Lago Cold Stores may deviate from the usual route or method of Transport.


6.9 If the Customer instructs Lago Cold Stores to use a particular method of Cold Storage, Lago Cold Stores will give priority to that method, but if Lago Cold Stores cannot conveniently adopt it, Lago Cold Stores may use any method of Cold Storage.

6.10 Lago Cold Stores' agreement to continue to provide the Services is conditional upon Lago Cold Stores being satisfied of the Customer's ability to pay and to comply in all respects with
these Terms and Conditions. If Lago Cold Stores ceases to be so satisfied it may suspend and/or terminate its Services by notice in writing to the Customer and subject always to
Lago Cold Stores rights under these Terms and Conditions (including its rights to payment) will not be liable in any way for any Claims suffered by the Customer as a result of that
termination. In the event of termination Lago Cold Stores may require the Customer to remove the Goods from Lago Cold Stores or Lago Cold Stores may deliver the Goods to the
Customer and the Customer shall pay all additional costs and expenses incurred by Lago Cold Stores at the usual Charges applied by Lago Cold Stores in effecting such delivery.


6.11 If any Charges are overdue for payment (as required by these Terms and Conditions), Lago Cold Stores may at any time require the Customer to remove the Goods from Lago Cold Stores or Lago Cold Stores may deliver the Goods to the Customer and the Customer shall pay all additional costs and expenses incurred by Lago Cold Stores at the usual Charges applied by Lago Cold Stores in effecting such delivery.


6.12 If payment of moneys becomes overdue (as required by these Terms and Conditions) then in addition to Lago Cold Stores other rights applying under these Terms and Conditions, Lago Cold Stores may exercise a general lien over the Goods. In addition Lago Cold Stores may, subject to the application of any laws, sell them at public auction or by private sale to recover all Charges and any other money owing to Lago Cold Stores.

7. Charges


7.1 The Customer must:


(a) unless otherwise agreed, pay Lago Cold Stores' Charges within 7 days of the date of the Lago Cold Stores' invoice;

(b) pay Lago Cold Stores on demand all costs and expenses to comply with any law or regulation or any order or requirement made under them or with the requirement of
any market, harbour, dock, railway, shipping, customs, excise, or warehouse authority or other Person;
(c) if any of the Goods are seized by Customs, pay Lago Cold Stores within 7 days of demand, all Customs' duty, excise duty and costs (including any fine or penalty)
which Lago Cold Stores becomes liable to pay or pays;


(d) where not included in Charges, pay Lago Cold Stores within 7 days of demand all costs and expenses for labour and machinery supplied by Lago to load or unload the
Goods;

(e) if Lago Cold Stores pays an additional charge at industry rates because the Receiver is not present during normal trading hours or at the time specified, or if there is any delay outside Lago Cold Stores control in loading or unloading greater than 30 minutes, pay Lago Cold Stores within 7 days of demand, for any additional costs and expenses incurred ; and

7.2 Lago Cold Stores' quoted Charges represent a GST exclusive amount.

8. Force Majeure

8.1 If Lago Cold Stores are wholly or partially prevented from performing their obligations under these Terms and Conditions by a Force Majeure Event, then the obligation to perform in
accordance with the Terms and Conditions will be suspended for the duration of the Force Majeure Event.

8.2 If the Force Majeure Event (and consequential inability to perform the Terms and Conditions) continues for a period longer than 21 days from its initial occurrence, then either
party may terminate this Contract by written notice to the other. This will not prejudice any rights or obligations either party may have accrued prior to such termination.

9. Notice

9.1 All notices must be:

(a) in writing;

(b) addressed to the party's last known address; and

(c) left or sent by post or facsimile to that address.

10. GST

10.1 In this clause 10:

Agreed Price means the amount the Customer is required to pay under or in connection with any provision of these Terms and Conditions (except this clause 10) for a supply;


Recipient means a party who provides or is liable to provide consideration under or in connection with these Terms and Conditions for a supply; and Supplier means a party to these Terms and Conditions who makes a supply whether as agent or otherwise, and unless the context indicates a contrary intention:


(a) a reference to a supply is to a supply under or in connection with these Terms and Conditions;

(b) a reference to GST payable by the Supplier includes any GST payable by the representative member of any GST group of which the Supplier is a member; and


(c) words and phrases used in this clause 10 used that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning as in that Act.


10.2 Despite the other provisions of these Terms and Conditions, if the Supplier is or becomes liable to pay GST in respect of any supply:

(a) the Agreed Price for that supply is exclusive of GST; and


(b) the Recipient must pay an additional amount for GST, as reasonably calculated by the Supplier, at the same time and in the same way as the Recipient must pay the. Agreed Price.


10.3 Subject to clause 10.2, if the Recipient must reimburse the Supplier for any amount paid by the Supplier to a third person, the Recipient must reimburse the Supplier that amount less the amount of any input tax credits the Supplier is entitled to in respect of any acquisition to which that amount relates.


10.4 If the amount the Supplier recovers from the Recipient on account of GST on a supply differs for any reason from the amount of GST paid or payable by the Supplier on that

supply, then the Recipient must pay to the Supplier on demand (or the Supplier must credit the Recipient with) the amount of that difference. If any adjustment event occurs in relation to a supply, the Supplier must give the Recipient an adjustment note within 14 days after the date of the adjustment event.

10.5 If the Recipient does not comply with its obligations under this clause 10 or with its obligations under the GST law in connection with these Terms and Conditions and because
of this the Supplier becomes subject to penalties or interest for late payment of GST, then the Recipient must pay the Supplier on demand an amount equal to the amount of the
penalties and interest.


11. Miscellaneous


11.1 These Terms and Conditions are subject to any law which cannot be excluded, restricted or modified.


11.2 Where applicable, the provisions of the Storage Liens Act 1973 (Qld) are to be read as forming part of these Terms and Conditions.


11.3 These Terms and Conditions are governed and must be construed under the laws of the State of Queensland and the parties submit to the exclusive jurisdiction of the courts of that
State.


11.4 If any of these Terms and Conditions are void, illegal or unenforceable, then they shall be severed from these Terms and Conditions and that result does not affect the validity, legality or enforceability of the remaining provisions.


11.5 Lago Cold Stores is not bound by any waiver, discharge or release of these Terms and Conditions or any agreement which varies these Terms and Conditions unless it is in writing and signed by Lago Cold Stores.


11.6 If Lago Cold Stores waives a breach of these Terms and Conditions, the waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing

waiver.

11.7 These Terms and Conditions constitute the, whole of the agreement between the parties and supersede all prior arrangements between. the parties either written, oral or established through a course of dealings, and override any conditions to the contrary which may be expressed in any of the Customer's order forms or other documents.


11.8 Lago Cold Stores reserves the right to review these Terms and Conditions from time to time. As a result, it may be necessary to amend these Terms and Conditions. If the Terms and
Conditions are amended, Lago Cold Stores must notify the Customer in writing and from the date of such notification or such later date as Lago Cold Stores shall nominate these Terms

and Conditions shall be amended and such amended Terms and Conditions shall thereafter apply accordingly (without prejudice to the existing Terms and Conditions which shall apply up to that time).