delving into this issue it is proper to first establish the time when the exclusion clause was allegedly communicated without prejudice to controversies relating to its admissibility in evidence and therefore determination of its effect on the merits. This is because for the asserted exclusion clause to apply, it has to be shown that it was communicated at the time when the contract was made and not after. Analysis of evidence: PW1 Lin Jian 46 years the MD of the plaintiff testified for the plaintiff and on the issue of when the email communicating the terms of the defendants exemption clause or standard terms of reference was made his testimony is that the plaintiff had been dealing with the defendant since February 2009 so that between February 2009 and January 2010, the defendant had transported 36 containers on behalf of the plaintiff. PW1’s testimony is that there was no written contract between the plaintiff and the defendant in these transactions. That the defendant did not supply the plaintiff with any terms of reference. As far as the transaction in question is concerned it was for transportation of cargo worth US$ 303,330. The price agreed for transportation included the cost of sea freight plus 15%. The invoice for the cargo is dated 31st of March 2010 which invoice was given to the defendant carrier for shipment. On cross examination by learned Counsel Barnabas counsel for the defendant, PW1 testified that he knew Jabez who is an employee of the Plaintiff Company and works as an export manager. Mr. Jabez was involved in the export process of the goods and coordinated between plaintiff and defendant. Jabez was at times assigned to go to the defendant and attend to matters regarding export of goods. He was known to the defendant’s staff. At the time of the testimony Mr. Jabez had finished his employment with the plaintiff and gone back to China in October 2010. However in January 2010 Jabez was in Uganda and working for the plaintiff and involved in coordinating exports. PW1 agreed that the email at page 24 of the trial bundle is dated 16th April 2010 and was sent to both him and Mr. Jabez and they had different email addresses. Was the email dated 16th April 2010 communicating the terms of the contract of carriage and the specific exemption clause therein? PW1’s testimony is that the freight charges were US$ 2,000 and included inland transport to Vietnam and port changes. DW1 the account manager of the defendant Damco Logistics testified that he was an in-house sales agent for export and logistics in the year 17