DEFINITIONS:

CROZIER HONG KONG LIMITED (“CHK”), whose registered address is at 8th Floor, Block A, Kerry TC Warehouse 1, 3 Kin Chuen Street, Kwai Chung, New Territories, Hong Kong, together with its affiliates, subsidiaries, divisions, officers, employees and agents are collectively referred to herein as “CHK.” CHK may also be referred to as the “Carrier,” “Warehouse,” “Warehouseman,” or “Service Provider.”

“Client” shall refer to any person, entity or organization that enters into a Storage Agreement and/or Professional Services Agreement, and any other person, entity or organization that retains CHK to collect, deliver, handle, place, position, relocate, transport, store, pack, crate, rig, condition, appraise, catalog, inventory, and/or otherwise provide any Services.  Client shall also include any person or organization that represents itself as an agent or representative of the Client and or any direct or indirect owner of Property in whole or in part.  Client shall ensure that any person or organization that represents itself to be an agent or representative of the Client and or owner of Property comply with CHK’s terms and conditions and that Client shall be responsible to CHK for damages resulting from any breach of CHK’s terms and conditions by such agent or representative and shall be liable to CHK with the same effect as if Client breached CHK’s terms and conditions itself.

“Consignee” is the person or parties who receive the Property from CFA or CFA’s subcontractors or agents.

“Contents” shall refer to any items, excluding Property, including but not limited to fine and decorative arts, antiques, furnishings, equipment and household goods located at Premises.

“Declared Value” is the value of the Property declared by Client when seeking to increase CHK's limitation of liability which will result in a higher rate being changed for CHK’s Services.  The Declared Value must appear on the face of the applicable Estimates, Waybills, Bills of Lading or Warehouse Receipts, and/or the appropriate forms attached to the Storage Agreement and Professional Service Agreement and may only be entered by employees of CHK.

“Estimates” shall refer to quotations by CHK as to fees for Services and/or other charges.

“NVD” means no value declared when the Client consigns the Property for Services by CHK and does not declare a value for Property; thus releasing CHK to a limitation of liability of HK$18 (eighteen Hong Kong dollars) per kilo as set forth below.

“Premises” shall refer to the structure, fixtures and fittings at any location other than the facilities maintained by CHK, including but not limited to the location where the Services are being performed, the Client’s residence or place of business, and/or any location where CHK receives and or delivers Property and or performs Services.

“Professional Services Agreement” means a written agreement between CHK and Client for the performance of Services related to Client’s Property.

“Property,” also referred to as “Cargo,” “Goods,” “Freight,” or “Objects” are items in whole or in part, in packed or unpacked state, including but not limited to fine and decorative arts, antiques, and household goods that are tendered to CHK for any reason whatsoever including but not limited to handling, placement, transportation, storage, packing, crating, rigging, conditioning, cataloging, inventorying, appraising and or any other related services.

“Services” shall refer to any and all work performed by CHK for a Client, including but not limited to storage, transport, carriage, handling, packing, movement, collecting, receiving, imaging, delivering, placement and securing of  Property, as well as construction and repair of crates and other storage or travel containers for Property.

“Shipper” shall refer to any person or organization that consigns Property for transport, carriage, packing and related services.

“Storage Agreement” means a written agreement between CHK and Client for storage of Client’s Property in a private room or custodial storage space within a CHK facility.

“Subcontractors” shall refer to any third parties retained by CHK to perform Services.

“Warehouse” means CHK’s warehouses, facilities or premises for storage of Client’s Properties.

Terms for Storage: The terms of storage shall be set forth in a Storage Agreement.  However, in the event that Property is stored without a Storage Agreement the following terms shall apply to such storage:

(a) storage is provided on a month to month basis at CHK’s prevailing rate.  The month to month terms will automatically renew, unless terminated by either party, in writing on thirty (30) days written notice, which notice shall state the date of termination. An acknowledgement of the notice of termination by the other party is required.

(c) Custodial storage charges are based on measured occupied space upon receipt of items and rounded up to the nearest square meter/cubic meter. Items added or removed from custodial storage will affect monthly charges accordingly. No storage charge will apply to Property received between the first and the 9^th, inclusive, of a calendar month; one-half month’s storage charge will apply to all Property received between the 10th and the 19th, inclusive, of a calendar month, a full month’s storage charge will apply to all Property in storage from the 19^th to the last day, inclusive, of a calendar month; and a full month’s storage charge will apply to all Property in storage on the first day of the next and succeeding calendar months.

(d)  To the extent that that Services include the temporary storage of Client’s Property in a CHK facility in due course of transit without a written storage agreement, such temporary storage will be provided at the rates set forth on the applicable Estimate provided that the period for such temporary storage shall not exceed sixty (60) days.  Thereafter, the items of Property will be entered into storage by CHK, Client will be required to pay an account set-up fee to create the new storage account and execute a written storage agreement with the terms of storage and applicable charges.

Charges: Storage rates and charges shall be as specified in the Storage Agreement and shall become applicable upon the date that CHK accepts care, custody and control of the Property, regardless of unloading date or date of issue of the warehouse receipt(s). Unless otherwise set forth therein, the storage rates may be adjusted at any time by CHK upon thirty (30) days’ written notice to Client.  Fees for all other Services shall be charged at CHK’s then current rate(s) and/or as set forth in an Estimate submitted to the Client.

Handling and Handling Charges: Client shall specify the means and methods for handling of Property. Absent specific instructions from Client, CHK undertakes to handle Property using its customary methods and equipment which are subject to change at its discretion. The handling charges shall be as specified in the applicable Estimate or Schedule. Any additional expenses incurred by CHK such as in receiving and handling damaged Property and unloading from or loading into cars or other vehicles not at the Warehouse loading area will be charged to Client. Property handled at Client’s request outside regular business hours shall be subject to an additional charge.

Payment terms, late charges and other fees. All amounts due to CHK shall be paid within thirty (30) days after the invoice date. If Client’s charges are not paid when due, Client shall be liable for late charges at a rate of 2% per month of the outstanding balance until all amounts due have been paid, together with all expenses incurred by CHK in collection, including reasonable attorneys’ fees and expenses. Client shall pay a charge of HK$470 for any dishonored cheque. CHK reserves the right to refuse payment by cheque at any time. Client further agrees to pay all wiring and bank fees incurred as part of the invoice settlement process. CHK reserves the right to apply processing fees for credit card paying clients. At any time, CHK may require Client to enroll in autopay. Autopay will be required for clients who are consistently late payers. Client requests requiring CHK to alter its standard operations, billing or collections policies or procedures may be denied by CHK in its sole discretion and if approved, may be subject to additional charges.

Customer Instructions: Any requests by Client concerning the release, delivery, or for any other Services to be performed in connection with the Property must be made in writing, and subject to these Terms and Conditions, and any other relevant terms and conditions set forth in the Storage Agreement, Professional Services Agreement, or any other agreement between Client and CHK.

Access: Client agrees that its access to CHK’s facilities will be restricted, and that Client must be accompanied by CHK’s personnel while in CHK’s facilities at all times. Pursuant to applicable restrictions, CHK only allows Client’s Authorized Persons, agents, employees or assigns to access Client’s Property or private space.

CHK’s Storage Rules and Regulations:  CHK has certain rules and regulations (which are subject to change) necessary for the operation of the Warehouse. Client and Client’s previously identified agents, employees or assigns shall familiarize themselves with said Rules and Regulations from time to time and abide by them. Said rules are incorporated herein by reference.

Use of Private Rooms: Client shall make no changes in or to any private room provided by CHK without CHK’s prior written consent. Client shall be liable for any damage to CHK’s facility or any private room caused by Client’s acts or omissions and or any violation of CHK’s storage rules and regulations, which shall constitute a default. Client may make arrangements with CHK, in writing only, for custom-made shelving, storage racks or similar customization to its private room storage space, provided that (i) any such customizations must conform with applicable fire and building codes and (ii) Client shall pay for all customizations, modifications and resulting construction to ensure compliance with the said codes.

No Warranties: CHK makes no warranties, express or implied as to any Services, unless expressly so stated and agreed by CHK.

Ownership Warranty:  Client warrants that it is the owner or legal custodian of the Property, and has full authority to direct CHK to perform Services under this Agreement. Client shall reimburse CHK for any expenses reasonably incurred by CHK (including reasonable attorneys’ fees) by reason of (i) CHK’s compliance with the instructions of Client in the event of a dispute concerning the ownership, custody or disposition of Property, and (ii) any misrepresentation by Client as to its ownership or legal right to possess and control the Property.

Prohibited Property: The following types of property shall not be stored, transported or otherwise serviced by CHK under any circumstance: contraband or illegal substances; firearms or ammunition; explosive, chemical, noxious or dangerous Property; livestock, pests; plants; or hazardous Property. The act of consigning items of these types to CHK, whether by Client or other person or entity acting with or without knowledge of Client, shall entitle CHK to recover any and all costs for fines, penalties, legal fees, damage to CHK equipment and/or personal injury and compensation to CHK’s employees. Client also shall be liable for and indemnify CHK against all loss or damage to other property or persons caused by the said dangerous Property. CHK is at liberty to dispose of any items consigned with or associated with said dangerous Property at any time and place deemed appropriate by CHK with disposal charges billable to Client.

Force Majeure:  Neither party shall be liable for any delay or failure to perform caused by acts of God, governmental actions, labour unrest, acts of terrorism, riots, unusual traffic delays or other causes beyond its reasonable control.  

Confidentiality: "Confidential Information" means any information concerning or relating to the property, business and affairs of the party disclosing such information that is furnished to the receiving party, including but not limited to information pertaining to CHK’s processes and procedures; except for information that was previously known to the receiving party free of any obligation to keep it confidential, is subsequently made public by the disclosing party or is disclosed by a third party having a legal right to make such disclosure. Confidential Information shall be used only in the manner contemplated by the agreement for Services and shall not be intentionally disclosed to third parties without the disclosing party’s written consent. CHK shall not obtain any rights of any sort in or to the Confidential Information of Client contained in Client’s Property. CHK shall implement and maintain reasonable safeguards designed to protect Client’s Confidential Information.

Intellectual Property Rights: 

1. Client acknowledges and agrees that it shall remain solely liable for any payments relating to royalties or similar fees owed to a Property's copyright owner.
2. CHK agrees that to the extent any deliverables are created solely and specifically for Client while carrying out the Services ("Work Product"), such Work Product shall be deemed work made for hire, and all rights, title and interest to and in the Work Product, including rights in copyright, moral rights, literary and artistic rights: upon payment for the Services, (a) vest in Client; and (b) remain the sole property of Client.
3. Client grants to CHK and its subcontractors a limited, non-exclusive, royalty-free and non-transferable license to the Property and Work Product to the extent necessary for CHK or its suppliers to perform the Services.
4. Notwithstanding the foregoing, CHK shall retain ownership rights to all of its previously existing intellectual property including derivatives, modifications and enhancements to such previously existing intellectual property.

Waiver of Subrogation:  To the extent permitted by law, Client hereby waives all rights of subrogation against CHK, its officers, members, agents and employees, occurring and or arising out of any loss or damage to Property or Premises to the extent such loss or damage is covered by insurance. Except with respect to Client’s indemnity obligations hereunder, to the extent permitted by law CHK hereby waives all rights of subrogation against Client arising out of any loss or damage to the Property or Premises. This waiver of subrogation shall be in addition to, and not in limitation or derogation of, any other waiver, release, or limitation of liability contained herein with respect to any loss of, or damage to the Property or Premises. Inasmuch as the above waiver will preclude the assignment of any aforesaid claim for loss of, or damage to the Property or Premises by way of subrogation to an insurance company, the Client agrees to immediately furnish its insurers with written notice of the terms of said waiver, and to have all applicable insurance policies properly endorsed, if necessary, to prevent the invalidation of said insurance coverage by reason of said waiver of subrogation. All insurance policies covering the Property that the Client has or shall procure shall contain a waiver of subrogation in favour of CHK. Client shall furnish CHK with all applicable insurance policies on request.

CHK Condition Reports: Client understands that CHK does not employ fine art conservators and that CHK’s art handlers may during the normal course of their business as warehousemen and motor carriers, issue a condition report for the purposes of noting damages visible to the naked and untrained eye. Said condition report is made without prejudice and is not binding on CHK. Should Client file a claim or lawsuit against CHK for any reason, CHK reserves its right to retain a fine art conservator or appraiser to inspect Client’s Property.

Abandonment of Stored Property: If Client vacates a private room prior to the expiration of the then current storage term, it shall remain responsible for all applicable charges for the months remaining in such storage term until said room is re-rented. CHK shall utilize reasonable efforts to re-rent the room upon discovery of the abandonment. However, the Client shall nonetheless remain responsible for all charges that accrue during the months remaining in the current storage term until said room is re-rented to another client.

Notice of Loss:  When Property has been lost or damaged, written notice shall be given to Client (“Notice of Loss”). The time limitation for notice of a claim begins on the date of delivery to Client of such notice.

Notice of Claims:  Unless otherwise provided herein, all claims for loss of or damage to Property or delay in delivery of the Property must be filed in writing with CHK within nine (9) months (a) after Client is notified by CHK that loss or damage to the Property has occurred, (b) after the receipt of the Property to Client or anyone on Client's behalf, or (c) from the date that Client discovers or should have discovered the loss, damage or delay, except that claims for failure to deliver must be filed in writing within nine (9) months after a reasonable time for delivery has elapsed. Client agrees that the aforesaid requirement to file claims in writing with CHK within the prescribed nine (9) month period shall be a condition precedent to Client’s right to institute any legal action or proceeding against CHK. Client further agrees to cooperate with CHK in connection with any such claims, such as providing such relevant information and evidence as may reasonably be required. If required by CHK, Client must submit to an examination under oath by CHK or its designee.

Filing of Actions: Client agrees that no legal action or proceedings may be maintained against CHK for loss or damage to the Property, or any breach of the clauses of these Terms and Conditions or any other agreement between CHK and Client, unless Client is in compliance with its contractual obligations hereunder and notice of such claim was given as set forth above, and unless such action or proceeding is commenced within two (2) years after the claim is denied by CHK.

Proof of claim: Client upon request by CHK shall submit a signed and sworn proof of loss within sixty (60) days after it has provided Notice of Loss (or such other period as agreed by CHK in writing) stating the time, place and cause of loss, the interest of Client and all others in the Property, the sound value thereof and the amount of loss or damage thereto. Client must hold the Property and its associated packaging or shipping container and its contents, if any, in the same condition they were in when damage was discovered, unless it is not practicable to do so. No claims for loss or damage shall be entertained until all of CHK’s charges have been paid in full. The amount of the claim may not be deducted from the total due and payable charges.

General Lien on any Property:

1. With effect from the date the Property is delivered to the Warehouse, CHK shall have a general and continuing lien on any and all Property (and documents relating thereto), concurrently or later received by CHK for the account of Client or of any other persons and organisation having an interest in the Property, either in its actual or constructive possession, custody or control or en route, for all claims for monies owed to or advances payable to CHK, including but not limited to charges, expenses or advances incurred by CHK, in connection with any Property of Client. This lien is superior to any other lien or security interest in relation to the Property (“Lien”).
2. If Client fails to pay any charges when due, abandons its Property, fails to execute a vacate/release form or fails to comply with these Terms and Condition or the terms and conditions of any agreement between CHK and Client, CHK may exercise its right of Lien, provided that CHK shall provide prior written notice to Client of its intent to do so. Within thirty (30) days after receiving the notice of lien, Client shall (i) notify all parties having an interest in its Property of CHK's rights and/or the exercise of such Lien and (ii) post cash or a letter of credit at sight, or, if the amount due is in dispute, an acceptable bond equal to 110 percent of the value of the total amount due, in favor of CHK, guaranteeing payment of the monies owed, plus all storage charges accrued or to be accrued. If Client fails to do those acts in the foregoing (ii), CHK may, in addition to all other rights and remedies, as provided by law, at its option do any of the following acts:
   1. Make any demand or give any notice as may be required by law. Should Client fail to comply with such demand or notice within the time required by law if any, CHK may terminate this Agreement with Client.
   2. CHK shall have the right to refuse Client’s access to the storage space.
   3. CHK shall have the right to overlock and/or remove the Client’s lock on the door of the space (if applicable). However, there is no requirement that CHK give any notice in order to avail this self-help measure which Client agrees is valid and reasonable.
   4. CHK shall have the right, but not the duty, to inventory such Property and charge the Client for the reasonable cost of such inventory.
   5. CHK shall have the right to dispose of or sell the Property to any person by public or private sale in block or in parcels, at any time or place, and on any terms which are commercially reasonable. It is specifically understood that the proceeds of such sale shall first pay for the costs of sale, including reasonable attorneys’ fees, reasonable service charges and processing charges of CHK in enforcing any action or these Terms and Conditions.  Subsequent to the costs of the sale, CHK shall apply the proceeds of such a sale to Client’s indebtedness to CHK and shall hold any proceeds over and above, if any, the amount owed by the Client to CHK in account for the benefit of Client. Upon written demand, the excess, if any, shall be returned to Client without interest. CHK shall hold such proceeds for a period not to exceed two years. If no demand for the return of the excess proceeds is made before the expiration of two years from the date of the sale, the excess proceeds shall be deemed to be the property of CHK.
3. Client shall pay all costs and expenses incurred by CHK in enforcing any action or any term contained herein.

Release of Property: Unless Client is in default of its payment obligations to CHK, CHK shall release any or all of the Property in storage and in accordance with written instructions from Client. Client shall give CHK a reasonable prior written notice of each delivery or removal of Property. Any delivery or removal of Property at a time other than during CHK’s regular business hours may be subject to additional charges.

Limitations of CHK’s liability:

1. Subject to and limited by paragraphs (b) through (h) immediately below, CHK is responsible for physical loss of or damage to the Property caused by CHK’s failure to exercise reasonable care.
2. CHK shall not be liable for: (i) any loss or damage to property or expense directly or indirectly caused by or contributed to, or arising from temperature and environmental condition, mold, wear and tear, gradual deterioration and inherent defect or any pre-existing condition of the property; or (ii) any loss or damage to the property that: (a) is caused by or resulting from work done in the course of any refinishing, renovation, repairing or restoring property; (b) is/are: accounts, bills, deeds, evidence of debts, letter of credit, passports, tickets, documents, notes, securities, currency, money or bullion; (c) is caused by ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; (d) is caused by the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; (e) is caused by any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; (f) is caused by radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter; (g) is caused by any chemical, biological, bio-chemical, or electromagnetic weapon; (h) is directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power (other than while in the course of overseas transit) or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority; or (d) is directly or indirectly caused by or contributed to or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system; or (j) is directly or indirectly caused by or contributed to or arising from an act of terrorism whether certified or not.
3. CHK’s liability for loss or damage to Property shall be limited:

1. to HK$18 (eighteen Hong Kong dollars) per kilo as determined by the actual weight of the unwrapped Property; or
2. if Client has declared a Declared Value for a Property where both parties agree in writing with the Declared Value and a higher storage rate being charged, CHK’s liability for loss or damage to property shall be limited to such Declared Value. 

1. Subject to clause (c) immediately above,

1. in the event an item of Property is not completely lost or destroyed, the extent of CHK’s liability for such loss or damage shall be limited to the diminution of value resulting from such loss or damage, (1) not to exceed HK$18 per kilo, or, (2) in the event such item is the subject of a Declared Value, not to exceed the Declared Value of such item.
2. in the event any portion or part of Property is the subject of a Declared Value is lost, damaged or destroyed, which necessarily affects the value of the remaining portion(s), at the option of Client, (1) CHK agrees to pay the value of the entire property and Client agrees to surrender the damaged and sound portions to CHK or (2) the measure of loss or damage to such article or articles shall be the reasonable and fair proportion of the total value of the pair, set or whole object, consideration being given to the importance of said article or articles.  Following the payment of the value for any item, pair or set, CHK will become the full owners and reserve the right to take possession of the item, pair or set.
   1. CHK shall not be liable to pay any loss or claim to the extent such payment would expose CHK to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America, including, but not, limited to any sanctions administered and enforced by the United States Treasury Department’s Office of Foreign Asset Control.
   2.    Except with respect to Client’s indemnity obligations under this Agreement, under no circumstances shall either party be liable for any consequential, incidental or special damages, or for loss of profits, loss of use, loss of market or delay, including but not limited to any such damages which might arise from the loss or damage to the property, even if such damages or loss might have been contemplated or foreseeable by the parties at the time of contracting.
   3. Under no circumstances shall CHK’s liability exceed the fair market value of the Property in the event that any representation made by Client regarding the Property, including but not limited to any representation regarding any declared value or any representation in connection with any claim against CHK, is made knowing that such statement is false or fraudulent as to amount or otherwise.
   4. Except with respect to loss or damage to Property, the liability for which is governed by paragraphs (a) through (g) immediately above, CHK’s maximum liability arising out of or in connection with this Agreement, including but not limited to liability related to loss, damage or destruction of the contents or premises, shall in no event exceed the total fees paid by Client to CHK in the immediately preceding twelve (12) months, even if caused by the negligence of CHK.

Indemnification:  Client shall defend, indemnify and hold CHK harmless from and against any and all claims, liabilities, damages, losses and judgments, incurred or brought by third parties, including attorneys’ fees and costs and expenses incident thereto, which may be incurred by or recoverable from CHK by reason of (i) allegations or actual infringement of any third party’s intellectual property rights during CHK’s provision of Services for Client, (ii) Client’s failure to comply with any applicable law, rules or requirements or from CHK’s performance of any Services required by Client hereunder, (iii) injury to or death of any person or damage to any property by reason of any quality or condition of Client’s Property, or (iv) from the fault or negligence of the Client.

Except as expressly provided herein, no person other than Client and CHK shall have any right or privilege hereunder, and Client shall indemnify and hold CHK harmless for claims brought by third party against CHK whenever such claims, arising out of loss or damage to Property transported or stored hereunder, exceed the limitations of liability for Property as provided above.

Client’s compliance with applicable laws: Client warrants that it (a) complies with all applicable laws pertaining in any way to Property, including, but not limited to, regulations, laws, and requirements pertaining to marking, classification, licensing, transporting hazardous materials, export controls, and any other transporting, importing, or exporting requirements and (b) has obtained all consents that may be required to enable CHK to perform the Services and fulfil any requirements for shipping, customs, tax status (if applicable).

Inspection by authorities: If by the order of the proper authorities at any point while in storage or transit, the Property or a container or crate has to be opened to be inspected, CHK shall not be liable for any loss, damage or delay incurred to the Property as a result of such inspection, including the cost of opening, unstuffing, inspection or repacking, which cost shall be recoverable by CHK from Client as part of CHK’s charges.

Transportation by Air Only Via Direct or Indirect Air Carriers: If the carriage involves air transport and an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, Montreal Convention, the Montreal Protocol, and or The Hague Protocol 1955 may be applicable and in most cases limit the liability of CFA in respect of loss or damage to Property.

Export control: Client authorises CHK to act as forwarding agent for Client for export control and customs purposes. Client hereby certifies that all statements and information provided to CHK relating to exportation are true and correct.

Trade Control Laws:  Client represents and covenants that upon the Effective Date and throughout the term of this Agreement, that: (i) it is not identified on any restricted party lists; or located in countries identified on any restricted country lists; or using the goods or services for any restricted end uses; including those promulgated by the U.S. Departments of State, Commerce and Treasury; and (ii) it is and shall remain compliant with all laws and regulations applicable to its performance under this Agreement, including but not limited to export control and economic sanctions, will not take any action that will cause CHK to be in violation of such laws and regulations, and will not require CHK to directly or indirectly take any action that might cause it to be in violation of such laws and regulations.  Client will not provide CHK any goods, software, services and/or technical data subject to export controls and controlled at a level other than EAR99/AT. Any violation of the foregoing by Client shall constitute a material breach of this Agreement and shall give CHK the right to immediately terminate this Agreement without penalty.

Authorization and Subcontracting:  Client authorizes CHK to make, endorse, and sign bills of lading, waybills, warehouse receipts, and/or other necessary or required documentation in connection with the transportation, storage, and/or handling of Property, in the name, place and stead of Client.  Moreover, Client acknowledges and agrees that CHK and/or its authorized agents may subcontract the performance of Services to third parties and/or subcontractors.  When third parties and/or subcontractors physically handle Property or provide Services, they do so subject to the Limitations of Liability set forth herein.

Severability: In the event any paragraph(s) and/or portion(s) hereof are found to be invalid and/or unenforceable, the remainder hereof shall remain in full force and effect.

Governing Law; Waiver of Jury Trials: These Terms and Conditions of service and the relationship of CHK and Client shall be governed by the laws of Hong Kong and the parties irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.