Customs power of Attorney

D.T. Gruelle Company

301 Moon Clinton Road, Moon Township (Pittsburgh), Pennsylvania 15108 U.S.A.

Tel: 1 - (412) 262-2755 * Fax: 1 - (412) 262-1391

E-Mail: dtg@usaor.net * Internet WEB Site: http://www.dtgruelle.com

Integrated, Dedicated, Contract logistics Management

United States Customs Brokers * International Freight Forwarders * NVOCC * OTI NO. 12187NF

Recipient of the 1996 and 1998 Pennsylvania Governor's Export Excellence Award

(Nine [9] Total Pages)

Customs Power of Attorney

Designation as Export Forwarding Agent

And

Acknowledgement of Terms and Conditions

Section 111.2 C and 141.46 CR, 19 USC §1484(a)(2)(B), Customs Ruling 223119, HRL 305112 - 729207 - 221696, 19 USC § 1641(a)(2), 111.3(c)(d) CR, 141.32 CR

Check appropriate box:

ٱ Individual ٱ Partnership ٱ Corporation ٱ Sole Proprietorship ٱ Limited Liability Company

KNOW ALL MEN BY THESE PRESENTS: That _________________________________________________________________________ doing

(Full name of individual, partnership, corporation, sole proprietorship, or limited liability Company - identity)

Business as a__________________________________________________________________

(Full name of individual, partnership, corporation, sole proprietorship, or limited liability Company - identity)

Under to laws of the State of______________________________residing or having a principal

Place of business at______________________________________________________________

_____________________________________________________, hereby constitutes and

Appoints - - Grantee's Name: International Trade & Logistics Management Services, Inc. (ITALMS), D.T. Gruelle Co., to be exercised by its proprietor, Durard Timothy Gruelle or by any employee or licensed customs broker specifically designated to act for D.T. Gruelle Co., under power-of-attorney on file with the District / Port Director, its officers, employees and/or specifically authorized agents, to act for and on behalf as a true and lawful agent and attorney or grantor for and in the name, place and stead of said grantor, from this date in the United States (the "territory') either in writing, electronically, or by other authorized means, to:

Make, endorse, sign, declare, or swear to any customs entry, withdrawal, declaration, certificate, bill of lading, carnet or any other documents required by law or regulation in connection with the importation, exportation, transportation, of any merchandise in or through the customs territory, shipped or consigned by or to said grantor;

Perform any act or condition, which may be required by law or regulation in connection with such merchandise deliverable to said grantor; to receive any merchandise;

Make endorsements on bills of lading, conferring authority to transfer title; make entry or collect drawback; and to make, sign, declare, or swear to any statement or certificate requited by law regulation for drawback purposes, regardless of whether such document is intended for filing with Customs;

Sign, seal, and deliver for and as to act of said grantor any bond required by law or regulation in connection with the entry or withdrawal of imported merchandise or merchandise exported with or without benefit of drawback, or in connection with the entry, withdrawal of imported merchandise or merchandise exported with or without benefit of drawback, or in connection with the entry, clearance, lading, unlading or navigation of any vessel or other means of conveyance owned or operated by said grantor, and any and all bonds which may be voluntarily given and accepted under applicable laws and regulations, consignee's and owner's declarations provided for in section 485 of the Tariff Act of 1930, as amended, or affidavits or statements in connection with the entry of merchandise;

Sign and swear to any document and to perform any act that may be necessary for required by law or regulation in connection with the entering, clearing, lading, unlading, or operation of any vessel or other means or conveyance owned or operated by said grantor;

Authorize other Customs Brokers duly licensed within the territory to act as grantor's agent; to receive, endorse and collect checks issued for Customs duty refunds in grantor's name drawn on the Treasurer of the United States; if the grantor is a nonresident of the United States, to accept service of process on behalf of the grantor;

And generally to transact Customs business, including filing of claims or protests under section 514 of the Tariff Act of 1930, or pursuant to other laws of the territories, in which said grantor is or may be concerned or interested and which may properly be transacted or performed by an agent and attorney;

Giving to said agent and attorney full power and authority to do anything whatever requisite and necessary to be done in the premises as fully and said grantor could do if present and acting, hereby ratifying and confirming all that the said agent and attorney shall lawfully do by virtue of these presents;

This power of attorney to remain full force and effect until revocation in writing is duly given to and received by grantee (if the donor of this power of attorney is a partnership, the said power shall in no case have any force or effect in the Unites States after the expiration 2 years from the dates of its execution);

Appointment as Forwarding Agent: (Section 30.4 of the Commerce Department regulations [15 CFR 30.4] and Federal Maritime Commission regulations [46 CFR 510.22] Grantor authorizes the above Grantee to act within the territory as lawful agent and sign and endorse export documents (i.e., commercial invoices, bill of lading, insurance certifies, drafts and any other document) necessary for the completion of an export on grantor's behalf as may be required under law and regulation in the territory and to appoint forwarding agents on grantor's behalf;

Grantor acknowledges receipt of (Grantee's Name)_____________________________________

_________________Terms and Conditions of Service governing all transactions between the Parties. If the Grantor is a Limited Liability Company, the signatory certify that he/she has full authority to execute this power on behalf of the Grantor.

IN WITNESS WHEREOF, the said (full name of company)______________________________

___________________________caused these presents to be sealed and signed:

(Signature)________________________(Capacity)___________________ (Date) ___________

(Witness - If Required)_________________________________________

"If you are the importer of record, payment to the broker will not relieve you of liability for U.S. Customs charges (duties, taxes or other debts owed Customs) in the event the charges are not paid by the broker. Therefore, if you pay by check, Customs charges may be paid with a separate check payable to the "U.S. Customs Service" which shall be delivered to Customs by the broker. Importers who wish to utilize this procedure must contact our office in advance to arrange timely receipt of duty checks."

INDIVIDUAL OR PARTNERSHIP CERTIFICATION

CITY ________________________________

COUNTY ____________________________ SS:

STATE ______________________________

In this _____ day of ____________________, 20______, personally appeared before me____

______________________________, residing at ___________________________________

________________________________________, personally known or sufficiently identifies to

me, who certifies that__________________________________ (is) (are) the individual (s) who

executed the forgoing instrument and acknowledge it to be_____________________________

free to act and deed.

Notary Public

_____________________________________

CORPORATE CERTIFICATION

(To be made by an officer of other than the one who executes the power of attorney)

I, ____________________________________, certify that I am the _____________________

Of ____________________________________, organized under the laws of the State of____

_________________________that _______________________________________________

who signed this power of attorney on behalf of the donor, is the _________________________

of said corporation; and that said power of attorney was duly signed, and attested for and in behalf of said corporation by authority of its governing body as the same appears in a resolution

of the Board of Directors passed at a regular meeting held on the ________________day of ___

_____________________________, now in my possession or custody. I further certify that the resolution is in accordance with the articles of incorporation and bylaws of said corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation,

At the City of ____________________________ this __________ day of ____________2______

Signature________________________________ Date_______________________

Service and Repayment Agreement

Company - Corporate Data

Client / Company Name:
IRS ID Number or Social Security Number:
Business Address:
Telephone Number:
Fax Number: e-mail: WEB
Corporate President:
Corporate Secretary:
Corporate Treasurer:
Primary Contact Person - Title:

Bank Data

Bank

Address

Telephone

Account #

Credit Data

Credit Reference	Address	Telephone	Account #

The Undersigned client / Company “Client or Customer” agrees to engage The D.T. Gruelle Company “Company” is its capacity as Freight Forwarder, Customs Broker and/or shipper’s agent under the terms and conditions as detailed in the Terms and conditions of Service, appearing on the reverse side of all D.T. Gruelle Company Invoices to the Client plus/and the terms set forth below:

1.01 D.T. Gruelle Company, upon receipt of complete shipping documents, or client’s written or oral request, will perform the normal and customary functions of a Customs Broker, Freight Forwarder, or shipper’s agent as the case may be, on behalf of client.

1.02 In performing such services, D.T. Gruelle Company may, at its election, disburse finds in payment of Customs duties, services, bonds, carrier’s charges, and other normal and customary expenses incurred in performing its services. D.T. Gruelle Company may also require payment of a deposit before undertaking or continuing any services and advances, or may at any time refuse to undertake or continue to perform services or make advances without prior payment.

1.03 In consideration for D.T. Gruelle Company performing services, on behalf of client, including any advancement of funds, client agrees to pay for D.T. Gruelle Company performing services or advancing funds unless client has established credit as stated in 1.06.

1.04 If Payment is not timely made as provided, any other unpaid accounts with D.T. Gruelle Company may, at its option, be declared and become fully due and payable immediately.

1.05 In the event of any default in payment due from client, client agrees to pay reasonable collection costs and in the event, the account is referred to any attorney for enforcement of collection, to pay reasonable attorney’s fees and costs.

1.06 If the client qualifies for credit, client agrees to pay the total shown on the D.T. Gruelle Company invoice upon receipt by the client. Unpaid balances will be deemed delinquent after 10 days and subject to an annual finance charge of 18%.

1.07 Client warrants and represents that the information given on this application is true and correct.

1.08 Client grants D.T. Gruelle Company a security interest in any property of client which is, has been, or will be in D.T. Gruelle Company possession or control, until full payment is made or any unpaid balance client owes D.T. Gruelle Company, and authorizes D.T. Gruelle Company to retain the property, or stop it in transit, to secure full payment.

1.09 This agreement shall be a continuing agreement, but may be terminated at any time by client or the D.T. Gruelle Company upon reasonable written notice.

1.10 Client further agrees that this agreement is to be governed by the laws of the Commonwealth of Pennsylvania, and that at the option of D.T. Gruelle Company; the venue of any suit brought to enforce this agreement may be laid in Allegheny County, Pennsylvania.

1.11 Client agrees that all business handled by D.T. Gruelle Company is under the National Customs Brokers and Freight Forwarders Association of America, Inc., terms and conditions, which appears on the reverse side of D.T. Gruelle Company Invoices.

1.12 Client agrees to Pay D.T. Gruelle Company a negotiated percentage of any duty recoveries pertaining to protests, to obtain duty refunds, drawback etc., subject to a $25.00 minimum.

1.13 Other mutually agreed repayment terms are as follows, superseding all of Section 1.06, except the finance charge issue:

APPROVED AND ACCEPTED, CLIENT / COMPANY:

_________________________________

Client

____________________________________

By - Authorized Officer - Date

____________________________________

Printed / Typed Officers Name - Title

*********************************************************

APPROVED AND ACCEPTED, D.T. GRUELLE COMPANY:

_____________________________________

By - Authorized Officer - Date

_____________________________________

Printed / Typed Officers Name - Title

TERMS AND CONDITIONS OF SERVICE

(Please read carefully - This Document is also printed on the reverse of all D.T. Gruelle Company Invoices)

All shipments to or from the Customer, which term shall include the exporter, importer, sender, receiver, owner, consignor, consignee, transfer of transferee of the shipments, will be handled by D.T. Gruelle Company, Durard Timothy Gruelle, International Trade and Logistics Management Services, Inc. (thereafter called “Company) on the following terms and conditions:

1. Services by Third Parties. Unless the Company carries, stores or otherwise physically handles the shipment, and loss damage, expense or delay occurs during such activity, the Company assumes no liabilities a carrier and is not to be held responsible for any loss, damage, expense or delay to the goods to be forwarded or imported accept as provided in paragraph 8 and subject to the limitations of paragraph 9 below, but undertakes only to use reasonable care in the selection of carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others to whom it may entrust the goods for transportation, cartage, handling and/or delivery and/or storage or otherwise. When the Company carries, stores or otherwise physically handles the shipment, it does so subject to the limitation of liability set forth in paragraph 8 below unless a separate bill of lading, air waybill or other contract of carriage is issued by the Company, in which event, the terms thereof shall govern.

2. Liability Limitation of Third Parties. The Company is authorized to select and engage carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen and others, as required, to transport, store, deal with and deliver the goods, all of whom shall be considered as the agents of the Customer, and the goods may be entrusted in such agencies subject to all conditions as to limitation of liability for loss, damage, expense or delay and to all rules, regulations, requirements and conditions, whether printed, written or stamped, appearing in bills of lading, receipts or tariffs issued by such carriers, truckmen, lightermen, forwarders, customs brokers, agents, warehousemen, and others. The Company shall under no circumstances be liable for any loss, damage, expense or delay to the goods for any reason whatsoever when said goods are in custody, possession or control of third parties selected by the Company to forward, enter and clear, transport or render other services with respect to such goods.

3. Choosing Routes or Agents. Unless express instructions in writing are received from the Customer, the Company has complete freedom in choosing the means, route and procedure to be followed in the handling, transportation and delivery of the goods. Advice by the Company to the Customer that a particular person or firm has been selected to render service with respect to the goods shall net be construed to mean that the Company warrants or represents that such person or firm will render such services.

4. Quotations Not Binding. Quotations as to fees, rates of duty, freight charges, insurance, premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon the Company unless the Company in writing, specifically undertakes the handling or transportation of the shipment at a specific rate.

5. Duty to Furnish Information. (a) On an import at a reasonable time prior to entering of the goods for U.S. Customs, the Customer shall furnish to the Company invoices in proper from and other documents necessary [as defined by Customs Regulations (a) (1) (a) list] or useful in the preparation of the U.S. Customs entry and also such further information as may be sufficient to establish, inter alla, the dutiable value, the classification, the country of origin, the genuineness of the merchandise and any mark or symbol associated with it, the Customer’s right to import and/or distribute the merchandise, and the merchandise’s admissibility, pursuant to U.S. law or regulation. If the Customer fails in a timely manner to furnish such information or documents, in whole or in part, as may be required to complete U.S. Customs entry or comply with U.S. laws or regulations, or if the information or documents furnished are inaccurate or incomplete, the Company shall be obliged only to use its best judgment in connection with the shipment and in no instance shall be charged with knowledge by the Customer of the true circumstances to which such inaccurate, incomplete, or omitted information or document pertains. Where a bond is required by U.S. Customs to be given for the production of any document or the performance of any act, the Customer shall be deemed bound by the terms of the bond notwithstanding the fact that the bond has been executed by the Company as principal, it being understood that the Company entered no such undertaking at the instance and on behalf of the Customer, and the Customer shall indemnify and hold the Company harmless for the consequences of any breach of the terms of the bond. (b) On an export at a reasonable time prior to the exportation of the shipment the Customer shall furnish to the Company the commercial invoice in proper form and number, a proper consular declaration, weights, measures, values and other information in the language of and as may be required by the laws and regulations of the U.S. and the country of destination of the goods. (c) On an export or import the Company shall not in any way be responsible or liable for increased duty, penalty, fine or expense unless caused by the negligence or the fault of the Company, in which event its liability to the Customer shall be governed by the provisions of paragraphs 8-9 below. The Customer shall be bound by and warrant the accuracy of all invoices, documents and information furnished to the Company by the Customer or its agent for export, entry or other purposes and the Customer agrees to indemnify and hold harmless the Company against any increased duty, penalty, fine or expense including attorneys’ fees, resulting from any inaccuracy, incomplete statement, omission or any failure to make timely presentation, even if not due to any negligence of the Customer.

6. Declaring Higher Valuation. Inasmuch as truckers, carriers, warehousemen and others to whom the goods are entrusted usually limit their liability to loss or damage unless a higher value is declared and a charge based on such higher value is agreed to by said truckers, etc., the Company must receive specific written instructions from the Customer to pay such higher charge based in valuation and the truckers, etc., must accept such higher declared value, otherwise the valuation placed by the Customer on the goods shall be considered solely for export or customs purposes and the goods will be delivered to the truckers, etc., subject to the limitation of liability set forth herein in paragraphs 8-9 below will respect to any claim against the Company and subject to the provisions of paragraph 2 above.

7. Insurance. The Company will make reasonable efforts to effect marine, fire, theft and other insurance upon the goods only after specific written instruction have been received by the Company in sufficient time prior to shipment from point of origin, and the Customer at the same time states specifically the kind and amount of insurance to be placed. The Company does not undertake or warrant that such insurance can or will be placed. Unless the Customer has its own open marine policy and instructs the Company to effect insurance under such policy, insurance is to be effected with one or more insurance companies other underwriters to be selected by the Company. Any insurance placed shall be covered by the certificate or policy issued and will only be effective when accepted by such insurance companies or underwriters. Should an insurer dispute its liability for any reason, the insured shall have recourse against the insurer only and the Company shall not be under any responsibility of liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rates as that charged or paid to the Company by the Customer, or that the shipment was insured under a policy in the name of the Company. Insurance premiums and the charge of the Company for arranging the same shall be at the Customers expense. If for any reason the goods are held in warehouse or elsewhere, the same will not be covered by any insurance, unless the Company receives written instructions from the Customer. Unless specifically agreed in writing, the Company assumes no responsibility to affect insurance on any export or import shipment, which it does not handle.

8. Limitations of Liability for Loss, etc. (a) The Customer agrees that the Company shall only be liable for any loss, damage, expense or delay to the goods resulting from the negligence or other fault of the Company: such liability shall be limited to an amount equal to the lesser of fifty dollars ($50.00) per entry or shipment or the fee(s) charged for the services provided that in the case of partial loss, such amount will be adjusted pro rata:

(b) Where the Company issues its own bill of lading and receives freight charges as its compensation, Customer has the option of paying a special compensation and increasing the limit of Company’s liability up to the shipment’s actual value; however, such option must be exercised by written agreement entered into prior to any covered transaction(s), setting forth the limit of the Company’s liability and the compensation received:

(c) in other than (b) above, unless the Customer makes specific written arrangements with the Company to pay special compensation and declare a higher value and Company agrees in writing, liability is limited to the amount set forth in (a) above:

(d) Customer agrees that the Company shall, in no event, be liable for consequential, punitive, statutory or special damages in excess of the monetary limit provided for above.

9. Presenting Claims. Company shall not be liable under paragraph 8 for any claims not presented to it in writing within 90 days of either the date of loss or incident giving rise to the claim, no suit to recover for any claim or demand there under shall be maintained against the Company unless instituted within six (6) months after the presentation of the said claim or such longer period provided for under statute(s) of the State having jurisdiction of the matter.

10. Advancing Money. The Company shall not be obliged to incur any expense, guarantee payment or advance any money in connection with the importing, forwarding, transporting, insuring, storing or coopering of the goods, unless the same is previously provided to the Company by the Customer on demand. The Company shall be under no obligation to advance freight charges, customs duties or taxes on any shipment, nor any advance by the Company be construed as a waiver of the provisions hereof.

11. Indemnification for Freight, Duties. In the event that a carrier, other person or any governmental agency makes a claim or institutes legal action against the Company for ocean or other freight, duties, fines, penalties, liquidated damages or other money due arising from a shipment of goods of the Customer, the Customer agrees to indemnify and hold harmless the Company for any amount the Company may be required to pay such carrier, other person or governmental agency together with reasonable expenses, including attorney fees, incurred by the Company in connection with defending such claim or legal action and obtaining reimbursement from the Customer. The confiscation or detention of the goods by any governmental authority shall not affect or diminish the liability of the Customer to the Company to pay all charges or other money due promptly on demand.

12. C.O.D. Shipments. Goods received with Customer’s or other person’s instructions to “Collect on Delivery” (COD) by drafts or otherwise, or to collect on any specified terms by time drafts or otherwise are accepted by the Company only upon the express understanding that it will exercise reasonable care in the selection of a bank, correspondent, carrier or agent to whom it will send such item for collection, and the Company will not be responsible for any act, omission, default, suspension, insolvency or want of care, negligence, or fault of such bank, correspondent, carrier or agent, nor for any delay in remittance lost in exchange, or loss during transmission, or while in the course of collection.

13. General Lien on Any Property. The Company shall have a general lien on any and all property (and documents relating thereto) of the Customer in its possession, custody or control or en route, for all claims for charges, expenses or advances incurred by the Company in Connection with any shipments of the Customer and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made, the Company may sell at public auction or private sale, upon ten (10) days written notice registered mail (R.R.R.) to the Customer, the goods, wares and/or merchandise or so much thereof as may be necessary to satisfy such lien and apply the net proceeds of such sale to the payment of the amount due to the Company. Any surplus from such sale shall be transmitted to the Customer, and the Customer shall be liable for any deficiency in the sale.

14. Compensation of Company. The compensation of the Company for its services shall be included with and is in addition to the rates and charges of all carriers and other agencies selected by the Company to transport and deal with the goods and such compensation shall be exclusive of any brokerage, commissions, dividends or other revenue received by the Company from carriers, insurers and others in connection with the shipment. On ocean exports, upon request, the Company shall provide a detailed breakout of the components of all charges assessed and a true copy of each pertinent document relating to these charges, in any referral for collection or action against the Customer for moneys due to the Company, upon recovery by the Company, the Customer shall pay the expenses of collection and/or litigation, including a reasonable attorney fee.

15. No Responsibility for Governmental Requirements. It is the responsibility of the Customer to know and comply with the marking requirements of the U.S. Customs Service, the regulations of the U.S. Food and Drug Administration, and all other requirements including regulations of federal, state and/or local agencies pertaining to the merchandise. The Company shall not be responsible for action taken or fines or penalties assessed by any governmental agency against the shipment because of the failure of the Customer to comply with the law of the requirements or regulations of any governmental agency or with a notification issued to the Customer by any such agency.

16. Indemnity Against Liability Arising From The Importation of Merchandise. The Customer agrees to identify and hold the Company harmless from any claim and/or liability arising from the importation of merchandise which violates any federal, state and/or other laws or regulations and further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claim and/or expenses, including but not limited to attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of claims by any government agency or private party in the event that any action, suit or proceeding is brought against the Company by any governmental agency or any private party, the Company shall give notice in writing to the Customer by mail at its address on file with the Company. Upon receipt of such notice, the Customer at its own expense shall defend against such action and take all steps as may be necessary or proper to prevent the obtaining of a judgment and/or order against the Company.

17. Loss, Damage or Expense Due to Delay. Unless the services to be performed by the Company on behalf of the Customer are delayed by reason of the negligence of other fault of the Company, the Company shall not be responsible for any loss, damage or expense incurred by the Customer because of such delay. In the event the Company is at fault, as aforesaid, its liability is limited in accordance with the provisions of paragraphs 8-9 above.

18. Construction of Terms and Venue. The foregoing terms and conditions shall be construed according to the laws of the state shown on the reverse side (Pennsylvania, Allegheny County) hereof. Unless otherwise consented to in writing by the Company, no legal proceedings against the Company may be instituted by the Customer, its assigns, or subrogate except in the City shown on the reverse side hereof.

Approved by the National Customs Brokers & Forwarders Association of America, Inc.

Note: If you are the importer of record, payment to the broker will not relieve you of liability for Customs charges in the event the charges are not paid by the broker. Therefore, if you pay by check, Customs charges may be paid with a separate check payable to the “U.S. Customs Service.”

International Trade and Logistics Management Services, Inc. (ITALMS), The D.T. Gruelle Company and Durard Timothy Gruelle has a policy against payment, solicitation or receipt of any rebate directly or indirectly, which would be unlawful under the United States Shipping Act of 1984.

Upon request, we shall provide a detailed break-out of the components of all charges assessed and a true copy of each pertinent document relating to these charges NOTE: A fee may be assessed for the production / reproduction of said / such documents.

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