CONTRACT TERMS AND CONDITIONS

Clause 1: Definitions
"Agreement" means this Booking Note and all the Contract Terms and
Conditions; “Shipper” means WeShipBoats.com d/b/a ARI Shipping Corporation; “Carrier” means the owner/charterer of the Ship as named in Box 14, "Yacht Owner" means the receiver, the consignee, and the owner of the Yacht; 'Vessel" means the ship named in Box 18, which the Carrier may at its own option substitute; “Yacht" means the boat and its contents as described in Box 20.

Clause 2: Scope of Agreement
(1) It is agreed between Shipper and Yacht Owner that Shipper will secure space to Yacht Owner on the deck of the Vessel for carriage of the Yacht from the port Indicated in Box 15 to the port indicated in Box 16. That in return for the foregoing, Yacht Owner is obligated to unconditionally pay Shipper the Freight Charge and other costs as listed herein. The Shipper’s obligation to ship the Yacht is contingent upon the receipt of (1) cleared funds for the full amount due herein and (2) copy of Yacht Owner’s certificate of insurance for the Yacht.

(2) The Vessel shall, as soon as commercially possible, proceed to the loading port stated In Box 15 or so near thereto as she may safely got and lie always afloat, and there load the Yacht as described in Box 20, and being so loaded the Vessel shall make way to the discharging port stated in Box 16, or so near thereto as she may safely get and lie always afloat, and there discharge the Yacht.

(3) The parties to this Agreement recognize that the carriage of the Yacht is not an ordinary commercial shipment made in the ordinary course of trade. The character and condition of the Yacht and the circumstances, terms. and conditions under whichthe carriage of the Yacht is to be performed, reasonably justify this special Agreement.

Clause 3: Freight Charges
(1) The freight charges and costs listed herein are based upon the specifications (size, weight, etc.) as supplied by Yacht Owner to Shipper. Accordingly, Yacht Owner shall be deemed to have guaranteed to Shipper the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him, and the Yacht owner shall indemnify the Shipper against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. If upon review, the specifications supplied by Yacht Owner are incorrect and additional
freight charges and/or costs are owed, Yacht Owner shall be obligated to pay the difference in the freight charges and costs to Shipper before the Yacht is either loaded, unloaded, or released to Yacht Owner.

(2) Downpayment: Yacht Owner will effect a 25 percent down payment on the total amount due hereunder into Shipper's bank account upon signing this Agreement. Yacht Owner acknowledges that Shipper will incur significant time and expense in arranging the shippment of the Yacht under the instructions by Yacht Owner, and in consideration thereof, Yacht Owner understands and agrees that the entire down-payment shall be deemed earned and is non-refundable upon signing this Agreement. 

(3) Full Payment: The remaining 75 percent is due and payable five (5) days prior to loading the Yacht upon the Vessel for shipping as per Box 9. All payments made hereunder are not subject to discount or negotiation. All freight charges and costs paid are non-refundable and deemed fully earned, notwithstanding whether or not the Vessel and/or Yacht are lost, destroyed, or damaged. Should all freight charges not be paid when due, Shipper shall have the option to cease performance under this Agreement and/or elect to cancel its obligation to ship the Yacht without any liability for any damages to Yacht Owner and without prejudice to the Yacht Owner's obligation to pay all sums due hereunder. Shipper's claim for any charges incurred under this Agreement shall be considered definitely payable in like manner the moment such charges have been incurred.

(4) Payment as referenced herein shall be deemed to have occurred upon Shipper’s receipt of cash or cleared funds in its bank account.

(5) Shipper’s, banking details for remittance are:

ARI SHIPPING CORPORATION
CITIBANK, N.A.
140 DOUGHTY BLVD
INWOOD, N.Y. 11096
USA

ACCOUNT # 9965525293
ABA/ROUTING # 021000089
SWIFT # CITIUS33

(6) All freight charges and costs due hereunder shall accrue interest at 12% per annum from the date when the freight and charges are due.

(7) The Yacht Owner shall be liable for all expenses caused by or incurred in extra handling or repairing of the Yacht due to excepted causes or for any reason for which the Shipper has no liability under this Agreement,

(8) Any dues, duties, taxes and charges, which under denomination may be levied on any basis such as amount of freight, weight or cargo or tonnage of the Yacht, shall be paid by the Yacht Owner.

(9) Yacht Owner expressly warrants and understands that the freight charges and costs listed herein do not include any premiums for insurance to cover the Yacht. Yacht Owner understands and agrees that this Agreement is not a contract for insurance and that the Shipper shall not insure the Yacht (See Clause 4).

Clause 5: Description of the Yacht
(1) The Yacht Owner will, upon signing of this Agreement, provide the Shipper with an up-to-date general arrange­ment plan of the Yacht as well as an accurate docking plan of the Yacht, specifying any protrusions under the keel line and indicating precisely where under the Yacht’s hull the Vessel's deck supports are to be placed. Yacht Owner must also disclose any other information which might in any way affect the docking arrangement on board the Vessel. It is expressly understood that the Shipper shall not in any way be liable for any loss or damage resulting from the Yacht Owner's error, omission, or negligence in respect here­of.

(2) Failure to timely disclose the information referred to In the above paragraph shall ( without prejudice to any other rights hereunder) entitle the Shipper to suspend any obligation to ship the Yacht without releasing the Yacht Owner from its obligations under this Agreement.

Clause 6: Condition of the Yacht
Yacht Owner shall ensure that prior to loading, the Yacht Is properly trimmed in accordance with Carrier's instructions, and that the Yacht is as light as possible, unless the Carrier agrees otherwise, Prior to loading Yacht owner will secure for sea carriage any loose parts on board the Yacht.

Clause 7: Delivery and Redelivery, Loading and Discharging
(1) The Yacht will be brought above the cradle or on a trailer or by water or any other arrangement preagreed by both parties, by the Yacht Owner, free of any risk, liability and expense whatsoever to the Shipper. The Yacht Owner shall bear the responsibility, cost, and expense of providing a suitable and sea worthy cradle for the Yacht for safe transport if the same should be necessary. The Shipper and/or Carrier may provide, for a fee, crew members to operate the Vessel's cargo handling system, strapping and bracing of the boat to the Vessel’s equipment.

(2) Delivery and redelivery of the Yacht will take place according to the Vessel Master’s or Carrier's designated Superintendent's instructions. Yacht Owner acknowledges that the delivery time for the Yacht is estimated, tenative and subject to change. Delivery times may change due to weather conditions, shipping routes, Vessel loads, and Carrier commercial decisions as to the pickup of new cargo, ports of call or the order of delivery. Yacht Owner agrees that Yahct Owner has no right to withhold any freight charges to Shipper on the account of any delay in the
delivery date of the Vessel. Yacht Owner further agrees to hold Shipper free from any liability on the account of any costs, expenses or damages of any kind that Yacht Owner may suffer as a result of a delay in the delivery of the Vessel.

(3) Loading/discharging will be during daylight hours only, and not during turn of tide, and always at the discretion of the Vessel's Master

(4) Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Shipper at the port of discharge before or at the time of the removal of the Yacht into the custody of the person entitled to delivery thereof, such removal shall be prima facie evidence of the delivery by the Shipper of the Yacht described herein. If the loss or damage is not apparent, the notice must be given within three days of the delivery. Notwithstanding any contrary provision herein, Shipper is absolutely discharged from all liability in respect to any loss or damage unless suit is brought within one year after delivery of the Yacht or the date when the Yacht should have been delivered.

Clause 8: Liability and Risk of Loss Stipulations
Yacht Owner and Shipper expressly stipulate and agree to the following:

(1) Shipper is not the Carrier, the Vessel’s Master nor a Charterer of the Vessel.

(2) Shipper does not undertake the operation of loading or unloading the Yacht from the Vessel.

(3) Notwithstanding anything to the contrary, Shipper is not accountable nor liable for any loss, damage, or delay arising out of the shipment of the Yacht, or for any loss or damage to the Yacht, including but not limited to the Yacht’s propulsion or exhaust systems, any accessories, attachments, fixtures, exterior, interior, or any valuables or personal property contained on or in the Yacht, for any period of time, including but not limited to the loading, unloading, and actual transport of the Yacht as well as the custody and care and handling of the Yacht prior to the loading on and subsequent to the discharge from the ship. Personal property and valuables includes but is not limited to platina, gold, gold dust, silver, bullion, or other precious metals, coins, jewelry, bills of any bank or public body, diamonds, or other precious stones, or any gold or silver in a manufactured or unmanufactured state, watches, clocks, or timepieces of any description, antiques, antiquities, heirlooms, books, trinkets, orders, notes, or securities for payment of money, stamps, maps, writings, title deeds, printings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with any other material, furs, or lace, or any of them, contained in any baggage, parcel, package, trunk, or in, on, or upon Yacht. 

(4) As between Yacht Owner and Shipper, Yacht Owner shall be liable and bear the risk of loss or damage or delay, howsoever caused and of whatever nature, to or sustained by the Yacht (including damage to the Yacht's interior), from any time including the loading and unloading of the Yacht, and including any property on board the Vessel, which is operated, owned, hired or leased by the Yacht Owner, its employees. servants, agents, or subcontractors, regardless of whether such property is to be shipped or not. 

(5) Yacht Owner shall be liable and bear the risk of loss or damage or delay, in the event of impossiblity of performance, or in any circumstance where Carrier or Vessel’s Master shall refuse to accept or load Yacht.

(6) Yacht Owner understands and agrees that goods of an inflammable, explosive, or dangerous nature to the shipment whereof the Carrier, master or agent of the Carrier, has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the Carrier without compensation, and the Yacht Owner shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the Carrier without liability on the part of the Carrier and/or Shipper, except to general average, if any.

(7) Yacht Owner shall be liable for wreck removal of the Yacht and the expense of moving, lighting or buoying the Yacht.

(8) Yacht Owner shall be liable for any claims arising as a result of death or injury to the Yacht Owner, as well as of any of the Yacht Owner's employees, servants, agents or subcontractors and their employees.

(9) Yacht Owner shall be liable for any loss, costs and damages consequent upon loss, damage or delay (including delay resulting from delayed shipment) to the Yacht; all of which shall be for the account of the Yacht Owner, without recourse to the Shipper, its servants or agents or insurers.

(10) Yacht Owner shall defend, indemnify and hold harmless the Shipper from and against any and all claims, demands, losses, suits, settlements, judgments, costs, damages and expenses of every kind and nature arising from the foregoing, including but not limited to all costs of Court, investigations, and reasonable attorney’s fees.

(11) Shipper’s liability under this Agreement, for any cause, claim, or damage, if any, shall be exclusively limited to the amount of monies actually paid by Yacht Owner to Shipper under this Agreement.

(12) The defenses and limits of liability provided for in this Agreement shall apply in any action against the Shipper whether the action be founded in Contract or in Tort.

Clause 9: Liberties Clause
The Vessel has liberty to call at any port or ports in any order, for any purpose, to sail without pilots, to tow and/or assist vessels in all situations, and also to deviate for any commercial purpose or for the purpose of saving life and/or property. The intended voyage shall not be limited to the direct route, but shall be deemed to include any proceeding to, returning to, stopping or slowing down at, or off any ports or places for any purpose relating to the Vessel, crew or business needs of the Carrier.

Clause 10: Lien
The Shipper shall have a lien on the Yacht for freight, deadfreight, claims for damages, General Average contributions, salvage, and for all other amounts due under this Agreement including costs for recovering the same.

Clause 11: Both‑to‑Blame Collision
If the Vessel comes into collision with another vessel as a result of the negligence and/or fault of both vessels, the Yacht Owner will indemnify the Shipper against all loss or liability the Shipper may owe the other vessel, not carrying the Yacht, or the other vessel's owners insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the Yacht Owner paid or payable by the other, non-carrying vessel, or her owners and set-off, recouped, or recovered by the noncarrying vessel as part of their claim against the Carrying Vessel, Carrier, or Shipper. The foregoing provisions shall also apply where the Shipper, Carrier, Carriers or those in charge of any vessel or vessels or objects other than, or In addition to, the colliding vessels or objects are at fault in respect of a collision or contact.

Clause 12: General Average and Salvage
General Average and Salvage General Average shall be stated and adjusted in Miami, Florida, according to York-Antwerp Rules 1974 and any subsequent modification thereof. The Yacht Owner’s contribution to general average shall be payable even when such average is the result of a fault, neglect or error of the Vessel’s Master crew or pilot.

Clause 13: Agency
In every case the Carrier shall appoint its own ship's agent both at the port of loading and the port of discharge.

Clause 14: General Strike
(1) If there is a strike or lock-out affecting or preventing the actual loading of the Yacht when the Vessel is ready to proceed from her last port or at any time during the voyage to the port or ports of loading or after her arrival there, the Shipper shall have the option of cancelling this Agreement.

(2) If there is a strike or lock-out affecting or preventing the discharge of the Yacht on or after the Vessel's arrival at or off the port of discharge and the strike or lock-out has not been settled within 48 hours, the Carrier shall have the option of ordering the Vessel to a safe port where she can safely discharge the Yacht without risk of being detained by a strike or lock-out, The Yacht Owner will accept redelivery at that substituted port. All conditions of this Agreement shall apply to re-delivery at such substituted port.

(3) Except for the obligations described above, the Shipper shall not be responsible for the consequences of any strikes or lock-outs preventing or affecting the actual loading or discharging of the Yacht.

Clause 15: Rider
(1) When or where available, and provided the Yacht's length exceeds 80 feet and the voyage intended hereunder exceeds a scheduled period of ten days, the Yacht Owner may nominate one person ("Rider") after Carriers’ approval and consent, to accompany the Yacht during the transportation of the Yacht, in which case the Yacht Owner will defend, indemnify, and hold harmless the Shipper from and against any claim, liability, loss, damage, costs and/or expense whatsoever which the Shipper, its servants, agents or independent contractors and its or their employees may incur, suffer or be put to arising out of any act, negligence, omission or default by that Rider. The Rider will be an employee of the Yacht Owner, not of the Shipper. The Yacht Owner warrants that the Rider will perform his or her duties and behave himself or herself in a workmanlike and professional manner and will not be negligent. The Yacht Owner undertakes to purchase insurance to cover the risks it has assumed under this Clause 15,

(2) The Rider will inspect the Yacht, its securing and its contents during the voyage. The Rider will promptly report to the Vessel's crew any need to adjust the system that secures the Yacht to the Vessel. The Rider will be responsible to inspect and adjust where necessary the systems used to secure the appurtenances and contents of the Yacht.

(3) If the Yacht Owner chooses to nominate a Rider to accompany the Yacht during the period of transportation, the Yacht Owner and the nominated Rider shall each complete and sign the relevant Indemnification Forms attached to this Agreement. Each Yacht shall be accompanied by no more than one Rider unless otherwise agreed, provided always however that the maximum number of Riders on board the Vessel during a particular voyage does not exceed the total number permitted by local or national regulations or any competent authorities. If the Carrier agrees that an additional Rider or additional Riders may accompany the Yacht, this Clause 15 shall be applicable to each additional Rider. The Shipper shall not be liable for any damages that may result from the impossibility of a nominated Rider to accompany the Yacht, for whatever reason, and it is understood that the Master of the Vessel has final discretion whether to allow a Rider to accompany the Yacht.

(4) The Yacht Owner warrants that Rider will possess all necessary and valid papers, visa or other documents to enter the country of destination. The Yacht Owner will indemnify and hold harmless the Shipper for any failure to comply with Immigration requirements (or any other requirements which may prevent Rider from entering the country of destination),

(5) Opting not to nominate a Rider or the impossibility for a nominated person to accompany the Yacht shall not entitle the Yacht Owner to compensation or a discount.

Clause 16: Yacht Owner's Additional Warranty
(1) The Yacht Owner warrants that prior to and after loading there will be no arms, ammunition and/or illegal drugs or alcohol aboard the Yacht and the Captain of the Yacht will prior to loading sign the declaration form as attached to this Agreement. The Yacht Owner will indemnify, defend and hold harmless the Shipper against any consequences of non-compliance with aforementioned.

(2) In the event that any competent authority executes an investigation in connection with the suspected presence of arms, ammunition and/or illegal drugs or alcohol aboard the Yacht and which affects the shipping schedule of the Carrier, the Shipper will be entitled to take all reasonable measures to protect its interest at the Yacht Owner's expense without releasing the Yacht Owner from any of its obligations under this Agreement,

Clause 17: Supply of Water and Electricity to the Yacht by the Vessel
(1) When and where available, cooling water, fresh water and electricity may be made available upon request of the Yacht Owner to the Vessel, however not before loading operations (including sea fastening) have been completed and after the Vessel's deck is dry and furthermore subject to the following:

(a) Cooling water
When and where available, cooling water may be provided to the exterior of the Yacht, for connection to the Yacht by or under the Yacht Owner's supervision and at Yacht Owner's risk. It is the responsibility of the Yacht Owner to engage the necessary manpower to complete and supervise this task.

(b) Fresh water
When and where available, fresh water for spraying the Yacht may be made available upon Yacht Owner’s own account and risk. Yacht Owner shall engage the necessary manpower to carry out the spraying of the Yacht. 

(c) Electricity
When and where available, Yacht Owner may request the Carrier to supply
electricity (as available on board the Vessel and in limited quantity) to the exterior of the Yacht for connection to the Yacht's electrical system; the Yacht Owner is responsible for providing approved cable-end connectors as well as any qualified personnel to effect the connection and disconnection, it is understood that the Vessel's crew may not be engaged for such work.

(2) Opting not to request or secure cooling water, fresh water, or electricity, or the impossibility or unavailability of the same shall not entitle the Yacht Owner to compensation or a discount.

(3) Provided further that the Shipper shall in no case be liable for any damages or the consequences of any electrical power failures or variations, nor for suspension of the supply or surge of pressure of cooling water.

Clause 18: Permits and Licenses
The Yacht Owner is responsible for obtaining and will pay for all permits and
licenses and customs duties including any foreign port chargers required with
respect to the transportation/unloading and delivery of the Yacht. The Shipper may render assistance with the above without releasing the Yacht Owner from its responsibility under this Agreement.

Clause 19: Force Majeure
Neither party shall be liable in damages or have the right to terminate this
Agreement for any delay or default in performing hereunder (other than for delay in the payment of money due and payable hereunder) if such delay or default is caused by conditions beyond its control including but not limited to failure of suppliers, subcontractors, and carriers, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

Clause 20: Waiver
Any acceptance by Shipper of any payment tendered by Yacht Owner not in full accordance with the terms set forth herein, including, without limitation, late payments, partial payments or payments not received at the place so designated by this agreement, shall not be deemed or construed as a waiver by the Shipper of any of its rights set forth herein or of the obligations of Yacht Owner as set forth herein, or as an accord, satisfaction, novation or estoppel against the Shipper. Any such acceptance will be at Shipper’s sole discretion and shall not act to prevent Shipper from fully enforcing its rights under this agreement.

Clause 21: Modification of Agreement
This Agreement cannot be modified unless modified in writing and executed by both parties subsequent to the execution of this Agreement.

Clause 22: Validity
If any term of this Agreement shall be deemed null, void, or unenforceable by any Court, regulatory body, agency, or government, such invalidity or unenforceability shall attach only to such provision. The validity of the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect as if the invalid or unenforceable provision were not contained herein.

Clause 23: Jurisdiction and Applicable Law
(1) The laws of the State of Florida shall govern the substantive rights and
obligations of the parties hereto, and shall be utilized to interpret and construe
the provisions of this Agreement.

(2) Venue for any legal or equitable action concerning this Agreement, its subject matter, or the rights, duties, responsibilities of any party hereto, shall be exclusively in the County or Circuit Courts of Miami-Dade County, Florida.

_________________________________________________________

IMPORTANT: This is a Legal Contract; please consult an Attorney before
signing.

The Undersigned Parties hereby attest and state that they have the requisite
legal authority to enter into this Agreement, that they read the foregoing terms
and conditions and consent to be bound by the same. The undersigned arties
further state and attest that they have had the benefit of legal counsel before
entering this Agreement or have knowingly waived the same.

_______________________                _______________________
Yacht Owner Signature                           Shipper Signature

_______________________                _______________________
By: Printed Name                                   By: Printed Name

WeShipBoats.com
d/b/a Ari Shipping Corporation
7225 N.W. 25th Street, Suite 210
Miami, FL 33122
Tel. (305) 715-7057
Fax. (305) 715-7059

Signed and Executed on: ____________________