Tropical Shipping and Construction Company Limited.

Tropical Shipping and Construction Company Limited. CONFIDENTIAL SERVICE CONTRACT No. DEIMESS237 Amendment Effective Date: July 26, 2010 This confidential service contract ("Contract" or "Agreement") is entered into between -r-ical Shipping and Construction Company Limited located at C/O Tropical Shipping USA, LLC,M. Box 10683, Riviera Beach, FL 33419-0683 ('Tropical' or "Carrier") and L.51 ("Customer" or "Shipper") The Customer undertakes to tender and Tropical undertakes to carry the Commodity(s) under the following terms and conditions. (1) Origin port range: Port of Palm Beach FL Crown Bay Seaport St Thomas USVI (2) Destination port range: Crown Bay Seaport, St Thomas, USVI Port of Palm Beach, FL (3) Commodity(s): as specified In Addendum A. (4) Minimum Volume Commitment ("MVC"): Teu's: 30 (5) Service Commitment Subject to the terms of this Contract, Tropical agrees to furnish an adequate number of containers and sufficient space on a regularly scheduled service to transport the MVC. (6) Tropical shall invoice and Customer agrees to pay charges set forth In the freight invoice or rated bill of lading which shall be based on the rates and charges as provided in this Contract. Except as specifically provided herein, all shipments under this Contract are subject to the terms, conditions, exceptions, rules, regulations and charges set forth in Tropical's governing tariff. (7) Duration. This agreement shall become effective upon the signatures of Tropical and Customer. No cargo will move under the terms of this agreement until such is filed. The effective date of this contract is 12:01 AM EST on January 31, 2009 and shall expire 11:59 PM EST on January 31, 2011. (8) Shipment Records and Record keeper. The records maintained to support shipments under this agreement are Bill(s) of Lading, Shipping Manifests and other related documents between the contract parties. Requests for records from governmental autl=ies shall be made to Corporate Pricing, Tropical Shipping and Construction Company Limited. M . Box 10683 Riviera Beach, FL 33419-0683, telephone 561-881-3900. Customer, by its signature hereunder certifies its status and the status of all of its affiliates entitled to access this Agreements as _X_ Cargo Owner(Shp/Cog) Shipper acting as an NVOCC Member of a Shipper's Association Other IN WITNESS WEREOF the parties have entered into and executed this Agreement as of the date written above. Tropical Shipping and Construction LS) Company Limited 301 East 66th Street Suite 10F New York Ny 10065 By: By: El`r(•ta Name: Name: e7n4O #A At At- Title: Title: PC ; Sgef Ce vlRUc LC/E' Date: Date: 7/ 7.51/.0 EFTA00595749 Tropical Shipping and Construction Company Limited Confidential Service Contract No. DEIMESS237 Addendum A Any cargo not covered above will be transported subject to Carrier's published tariffs. RATES• Rate 1: BUILDING MATERIALS AND HARDWARE Load Port: Port of Palm Beach, FL Discharge Port: Crown Bay Seaport, St Thomas, USVI Discharge Port: Crown Bay Seaport, St Thomas, USVI Equipment Type: Reefer; Equipment Size: 20; Rate Basis: Per Container Rate Unit: PC; Service Type: Ocean Port to Ocean Port Ocean Charge: $3,438.00 Assessorial Charge(s): Bunker: $210.00; Reefer Surcharge: $25.00; Security: $100.00 Rate Notes: Rate includes Handling, Landing and Bill of Lading. Rate applicable on a Prepaid and Collect basis. Rate 4: REFRIGERATED CARGO NOS Load Port: Port of Palm Beach, FL Discharge Port: Crown Bay Seaport, St Thomas, USVI Equipment Type: Reefer; Equipment Size: 40X; Rate Basis: Per Container Rate Unit: PC; Service Type: Ocean Port to Ocean Port Ocean Charge: $5,651.00 Assessorial Charge(s): Bunker: $420.00; Reefer Surcharge: 550.00; Security: $200.00 Rate Notes: Rate includes Handling, Landing and Bill of Lading. Rate applicable on a Prepaid and Collect basis. Rate 5: BUILDING MATERIALS AND HARDWARE Load Port: Port of Palm Beach, FL Discharge Port: Crown Bay Seaport, St Thomas, USVI Equipment Type: Non-Applicable; Equipment Size: LTL; Rate Basis: Weight/Measure Rate Unit: CWT/CFT; Service Type: CFS to CFS Ocean Charge(M): $2.06 Assessorial Charge(s): Bill of Lading: $45.00; Bunker(M): $0.25; Security(M): $0.10 Rate Notes: Rate applicable on a Prepaid and Collect basis. Rate also applies to DSM, Machinery and Marine Equipment. Rate 6: BUILDING MATERIALS AND HARDWARE Origin: Newark CFS, N); Load Port: Port of Palm Beach, FL Discharge Port: Crown Bay Seaport, St Thomas, USVI Page No. 2 DEIMESS237E EFTA00595750 Equipment Type: Non-Applicable; Equipment Size: LTL; Rate Basis: Weight/Measure Rate Unit: CWT/CFT; Service Type: CFS to CFS Ocean Charge(M): $2.98 Assessorial Charge(s): Bill of Lading: $45.00; Bunker(M): $0.25; Security(M): $0.10 Rate Notes: Rate applicable on a Prepaid and Collect basis. Rate also applies to DSM, Machinery and Marine Equipment. Rate 7: BUILDING MATERIALS AND HARDWARE Load Port: Crown Bay Seaport, St Thomas, USVI Discharge Port: Port of Palm Beach, FL Equipment Type: Dry Box; Equipment Size: 20; Rate Basis: Per Container Rate Unit: PC; Service Type: Ocean Port to Ocean Port Ocean Charge: $1,669.00 Assessorial Charge(s): Bunker: $210.00; Security: $100.00 Rate Notes: Rate includes Handling, Landing and Bill of Lading. Rate applicable on a Prepaid and Collect basis. Rate also applies to DSM, Machinery and Marine Equipment. Rate 8: BUILDING MATERIALS AND HARDWARE Load Port: Crown Bay Seaport, St Thomas, USVI Discharge Port: Port of Palm Beach, FL Equipment Type: Non-Applicable; Equipment Size: L11; Rate Basis: Weight/Measure Rate Unit: CWT/CFT; Service Type: CFS to CFS Ocean Charge(M): $3.06 Assessorial Charge(s): , , ;c) by Tropical providing 30 days written notice upon the customer meeting 31, set forth; or (d) upon termination of Carder Service. The parties agree that the terms, conditions and exceptions of this those terms required by law to be publicly disclosed, are Confidential. Both 'close such confidential terms to third parties, and to take reasonable means Hi-nation is not disclosed by its employees or agents. greement shall be construed and governed by the laws of the State of ising out of this contract shall be arbitrated in Miami, FL. One arbitrator shall f the parties hereto and a third by the two so chosen. Their decision, or that 311 be final, and for the purpose of enforcing any award, this Agreement may ourt. The arbitrators shall be commercial people, conversant with shipping n shall be conducted in accordance with the rules of the Society of Maritime putes where the total amount claimed by either party does not exceed US stion shall be conducted In accordance with the Shortened Arbitration y of Maritime Arbitrators inc. standing any other provisions of this Agreement and to the extent that ay fail to meet any obligations imposed by its terms owing to 'Force of the Agreement shall, to that extent, be deemed to have been frustrated for breach or liability thereunder shall arise as a consequence thereof. For e term 'Force Majeure' shall mean and include, without reservation, acts of God, Including weather, fire, flood, explosion, war, actions or request ity, accident, labor trouble or shortage, holiday schedule, inability to obtain pment, or any other events of a similar nature or kind. Tropical's Majeure shall be provided to applicable Customer in writing within 45 days 'sing such declaration commenced, and Carrier's determination shall be Dilal charges noted in Addendum A are those in effect at time of contract formation purposes only. All cargo moving under the terms of this contract ccessorials, surcharges and rules as published and in effect at the time of s Governing Tariff of Applicability. go moving under this contract will automatically be insured under Carrier's ditlonal expense unless written alternate insurance instructions are provided. It that stowaways are found on board a vessel, either In a container or by the other party; or the volume commltmei Confidentiality Clause: Agreement, except for parties agree to not dis to ensure that such Inf &maple jaw; This P Florida. All disputes ar be appointed by each c of any two of them, sh. be made a rule of the r matters. The arbitratic Arbitrators Inc. For di: $100,000.00 the arbitr Procedure of the Sociel (4) Force Majeure,: Notwith Tropical or Customer r Majeure', performance and no cause of action the purposes hereof, rt limitation or restriction of governmental audio material, power or equ determination of Force after circumstances cat conclusive. Contract Rates: Access signature and are for it shall be subject to all a shipment In the Carrier Marine Insurance: Cai open cargo policy at ad 5towa.mays;. In the eve EFTA00595751 Tropical Shipment: 3374028 Tally Report Job No: 09648570 IIE IIIII Shipment summary J Received Cargo Facility: MIAMI CFS Cargo Fa I ReceindimatgaLOL:PPEI POD: Sri Shipper: Co stops,: Carder: UPS Service: LCL Ref. Numbers: 123614320357393156 Placer 1 Weight 52 Cubes 91) DosalptIonSTORE MERCHANDISE Padres,: CARTON(S) 'Prepaid ( Received By: Lull. ;Gm, Tallied By: Leslie Kee Cargo Detail; Count Package Type Descriewn/Hazard/Food L w X Cubes I Pallet 1 1 CARTON(S) STORE MERCHANDISE 19 19 43 0 90 I pieces on 1 pellets Hazards UN* Totals l 1 C LB9 CF Proper Shipping Name Class Sub 1 Sub 2 PG Response # ExUUd NO HAZARDS FOR THIS SHIPMENT Ciatlittada Desenprion 954.785.4820 RNA MOTORSPIRTS TROPICAL WAREHOUSE REF 21404491 REF 1866 Clauses Detonation I CARTON(S) RECEWED CRUSHED AND TORN frazainaala Text NO COMMENTS FOR THIS SHPMENT Loading informadon J Piece count: Equipment Dery loaded: Seal Cargo inspector's signature Part of shisment in other equipment 0 Yes CI No If so, what equipment number. Loading Discrepancies TROPICAL 1 et Raw.% /Molten 1:93413570 07,73/2010 219 Din Nye 1 EFTA00595752 Invoice 3671 North Dixie Highway Pompano Beach, FL 33064- (954) 786-4820 Sold To: Ship To: 3ORDON. BRICE TROPICAL WAREHOUSE 610 RED HOOK UARTERS SUITE 9505 NW 108TH AVE. ARRANLSJOFAHOODIOM ST. THOMAS. USVI. V3 00802 MEDLEY, FL 33178 340 690 1487 PO1484371 Ticket Number 21404491 Salesperson - John Myers Cashier: Jim Cummins Date: 7/21/2010 Tracking Line Item Breakdown SS Q91 DesCrtotion APge SDcOsa Sold Now awLstEin Ss49 22 kay ay Pal Numbs' 411009.1894 KA KHP GASKET.EXHAUST 37.89 35.64 322.56 3000 411061.0360 KA KHP GASKET,MUFFLER $18.89 $1800 $72.00 $0.00 10 130880610 KA KHP BOLT-FLANGED.6X10 $2.89 $1.65 $16.50 $0.00 1 1792044F1-305 HO HHP CABLE SET, THROTTLE $61.89 $.59.03 $5903 $0.00 418087-0066 KA KHP MUFFLER 3200.89 $194.68 $77872 $0.00 221008-0001 KA KHP BREAKER,FAN MOTOR $17.89 $16.98 $33.96 $0.00 227010-1202 KA KHP SWITCH, FAN $62.89 $80.75 S121.50 $0.00 127010.1346 KA KHP SWITCH,SENSOR WATER $79.89 $76.45 $76.45 $0.00 2430154398 KA KHP CTLINDEFI-ASSY- S296.89 $279.57 $559.16 $0.00 449107-0042 KA KHP COVER-EXHAUST PIPE $18.89 $17.82 670.48 $0.00 492171.1330 .. ._ KA KHP CLAMP $161.80_. $13.78 _ _ . . . . .956.12 . S0.00 Tax Detail Breakdown Sold Now/Piclitze aP2CAll OrCer/Lavaway No Tax 96 SO CO Total Taxes. $0 00 SC 00 Summary Subtotal 51.951.82 . $0.00 Less Discount $86.35 $0.00 StspoIngrHandling $35.00 $0.00 Taxable Subtotal $1,865.47 $0.00 Sales Tax $0.00 $0.00 Non-Taxable Subtotal $0.00 Invoice Total $1,900.47 $0.00 Amount Applied to this Invoice $1.865.47 Amount To Corned Now $35.00 $0.00 Total Amount Due $35.00 VISA/MasterCard (V..8971.0513) $35.00 ZF No returns without a copy of receipt. No returns on electrical parts, tubes. tires. Helmets, CO's/DVDS and eyewear. All sales are final after 30 days. No returns without a return authorizatico number you must can for a return authonzation number. Return authorization numbers are valid for 15 days. All items must be in original. undamaged package. 20% restock fee applied on all returned items. MI sales final on discontinued, sale, and closeout items. Alt returns are sulaect to mspection for determination of credit. No cash refunds. ABSOLUTELY NO RETURNS ON SPECIAL ORDER ITEMS OR NON-STOCKING ITEMS. 7/21/231011:38.47 AM Page I EFTA00595753 EFTA00595754 EFTA00595755 EFTA00595756 EFTA00595757 EFTA00595758 EFTA00595759 EFTA00595760 EFTA00595761 EFTA00595762 EFTA00595763 EFTA00595764 EFTA00595765 EFTA00595766 EFTA00595767 WHOLESALE BUILDING PRODUCTS American Export Company 1095 Jupiter Park Drive Palm Beach, Fl 33458 561-741-8887 Fax 561-741-8881 Bill To Little St. James Island 6100 Red Flook Quarters B3 St. Thomas, USVI 00802 INVOICE Inva Date R100729 8/3/2010 Ship To Little St. James Island 6100 Red Hook Quarters 133 St. Thomas. USVI 00802 • Number Terms Rep Ship Via F.O.B. NET DUE JACK 8/12010 TROPICAL SOUTH FLORIDA Quantity UNITS Description Price Each Amount 2 I EA EA FULL UNIT LATICRETE 9235 WATERPROOFING MEMBRANE Packaging Full Unit: (36 Full Units/pallet) consisting of: I x 6 gal (23 I) pail liquid I x 300 112 (28 m2) roll fabric 38" (965 mm wide) 1 x 75 ft (23 m) long roll fabric 6" (150 mm wide) INLAND FREIGHT JOBS/ 965930! n* THESE ITEMS WERE MADE IN THE USA '•• 584.00 125.00 1,168.00 : :-'-; { Total 51,293,00 Phone # Fax # E-mail Web Site 561.741-8887 561.741-8881 1_5-sitko°4al- lb 0 EFTA00595768