RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 18MAR2025

Effective 18MAR2025
Filed 18MAR2025
Filing Codes C

All cargo transported under the charges, terms and conditions named in 
this Tariff and on rates named in NRAs, or on rates named on Web Rate 
Pages in Tariffs, governed by this Tariff, shall be held, carried and
delivered SBJ to the provisions of Carrier's applicable Long Form B\L, 
the terms and conditions of which are shown below.
     
a. When issued, all B/Ls MUST show the name and address of both the 
   Shipper/Consignor and the Consignee; the total weight and total
   measurement of each piece, package or unit of cargo in the shipment,
   except in the case of FCL shipments, only the total shipment weight
   and measurement must be shown; and on shipments consigned "TO ORDER,"
   the name and address of the party to be notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L, properly
   endorsed, be surrendered to the Carrier before delivery is
   accomplished, MUST secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form B/L are as
   follows:
  
CONDITIONS OF CARRIAGE 
IN ACCEPTING THIS BILL OF LADING, the Merchant agrees to be bound by all
 of its terms, conditions and limitations, as well as the provisions of
 Carrier's applicable Tariff, which shall be considered incorporated
 herein as if set forth at length and which with these terms, conditions
 and limitations, this bill of lading shall be evidence of the contract
 between the Merchant and the Carrier, as defined below. 
 
1. DEFINITIONS. In this bill of lading,  the word:
   Vessel: Shall include the vessel named herein or any substituted vessel,
    feeder vessel, lighter or other watercraft utilized by the Carrier.
   Carrier: Shall include CARRIER, its subsidiaries and related companies,
    the vessel, their owner, charterer, operator and demise charterer.  The
    term Carrier shall also include any Participating Carrier, unless
    noted. The names of the Owner, Operator, Charterer and/or Demise
    Charterer may be obtained from the Carrier's Agent or from Lloyd's
    Register.
   Merchant: Shall include the Shipper, Consignee, holder of this Bill of
    Lading, the receiver of the Goods, the owner of the Goods, or any
    person claiming ownership or title of the Goods carried hereunder, as
    well each of their agents or servants.  It is agreed that each person
    defined as "Merchant" is jointly and severally liable to the Carrier
    for the responsibilities and liabilities of the Merchant in connection
    with this bill of lading, including payment of any freight due. The
    Merchant warrants that he is the Owner of the Goods, the person
    entitled to possession of the Goods, and the person with authority to
    act on behalf of the Goods.
   Goods: Shall include all or part of the merchandise and articles of any
    kind carried under this Bill of Lading, including commercial Goods,
    packing or packaging materials and Merchant owned or leased containers
    of every description.  The Merchant warrants the accuracy of the
    description of the nature of the goods provided to the Carrier.
   Freight: Shall include all charges, costs, expenses and money
    obligations whatsoever payable by the Goods or Merchant to the Carrier
    in connection with the contracted for carriage and transportation,
    including storage, per diem and demurrage.
   Package: Shall include any container, tank-tainer, van, trailer, pallet,
    skid or cradle used by the Merchant to consolidate or unitise the Goods
    for carriage. In the event that both number of cartons as well as
    number of "pallets" or "skids," are listed on the face hereof, it is
    specifically agreed between the Merchant and Carrier that the number of
    "pallets" or "skids" will constitute the Package, for limitation
    purposes. Merchant warrants that it will declare the number of pallets
    or skids where used.
   Participating Carrier: Shall mean any land, sea or air carrier
    performing any part of the carriage hereunder, including intermodal
    transport, other than the Carrier.  Person: Shall mean and include an
    individual, corporation, partnership, or other legal entity. Government
    and Authorities: Shall include the United Nations, the European Union
    and any similar international organization, as well as a sovereign
    state or political subdivision thereof, port authority, customs
    official and any person or entity acting or purporting to act for any
    such Government or Authority. 
 
2. CARRIER'S RESPONSIBILITY
2.1 Port-to-Port Carriage - If carriage under this Bill of Lading is
 Port-to-Port:
 (a) The period of responsibility of the Carrier for any loss of or damage
     to the Goods shall commence only at the moment that the Goods are
     loaded on board the Vessel and shall end when the Goods have been
     discharged from the Vessel.
 (b) This Bill of Lading shall be subject to the Hague Rules unless the
     governing law makes the Hague or the Hague-Visby Rules compulsorily
     applicable in which case the said Hague or Hague- Visby Rules will
     apply to this Bill of Lading only to the extent that they are
     compulsorily applicable.
 (c) Notwithstanding the above, in case and to the extent that the
     governing law, or a contractual arrangement, or custom and practice,
     or any court or tribunal decision extends the Carrier's period of
     responsibility whether in contract, tort, bailment or otherwise to all
     or any part of the period before loading, or the period after
     discharge, including for misdelivery, then Carrier shall have the
     benefit of every right, defence, immunity, limitation and liberty
     provided for in the Hague Rules during such additional period of
     responsibility, notwithstanding that the loss, damage or misdelivery
     did not occur during the carriage by sea.
  
2.2 Combined Transport - The Carrier's liability for Combined Transport
 shall be as follows:
  2.2.1 Where the loss or damage occurred during the Port-to-Port section
   of the carriage, the liability of the Carrier is in accordance with
   clause 2.1 above.
  2.2.2 Where the loss or damage occurred during Inland Transport, the
   liability of the Carrier shall be determined:
  (a) by the provisions contained in any international convention, national
    law or regulation applicable to the means of transport utilized, if
    such convention, national law or regulation would have been
    compulsorily applicable in the case where a separate contract had been
    made in respect to the particular stage of transport concerned, or
  (b) where no international convention, national law or regulation would
    have been compulsorily applicable, by the contract of carriage issued
    by the Subcontractor carrier for that stage of transport, including any
    limitations and exceptions contained therein, which contract the
    Merchant and the Carrier adopt and incorporate by reference, it being
    agreed that the Carrier's rights and liabilities shall be the same as
    those of the Subcontractor carrier, but in no event whatsoever shall
    the Carrier's liability exceed USD500 per container, or
  (c) if any court shall determine that no international convention,
    national law or regulation would have been compulsorily applicable and
    that the Carrier may not determine its liability, if any, by reference
    to the applicable Subcontractor's contract of carriage or where said
    Subcontractor carrier does not have a contract of carriage, then it is
    contractually agreed as between the Merchant and the Carrier that the
    Carrier's liability shall be determined as if the loss and/or damage
    complained of occurred during the Port-to-Port section of carriage as
    provided at 5.1 above, but in no event whatsoever shall the Carrier's
    liability exceed GBP 100 sterling legal tender per package.
  (d) If the place of loss or damage cannot be established by the Merchant,
    then the loss or damage shall be presumed to have occurred during the
    Port-to-Port section of carriage and the Carrier's liability shall be
   determined as provided at 2.1 above.
2.2.3 Any transport that the Carrier arranges for the Merchant which is not
 part of the carriage under this Bill of Lading is done under the
 Merchant's own responsibility, time, risk and expense and the Carrier acts
 as agent only for the Merchant.
  
2.3 Delivery to Customs or Port Authorities - Where any law, regulation, or
 custom applicable at the Port of Discharge or Place of Delivery provides
 that delivery of the Goods to the Merchant shall or may be effected by the
 Customs or port authorities at the Port of Discharge or Place of Delivery,
 notwithstanding anything to the contrary herein, delivery of the Goods by
 the Carrier to such Customs or port authorities shall be deemed to be
 lawful delivery of the Goods by the Carrier to the Merchant, and the
 Carrier shall not be liable for any loss or damage to the Goods which
 occurs for any reason whatsoever after delivery of the Goods by the
 Carrier to the Customs or port authorities. 
 
3. U.S. TRADE CLAUSE
3.1 Notwithstanding any of the provisions of Clause 2 above, for carriage
 to or from any port of the United States, its territories or possessions,
 or if suit is brought in the United States, this Bill of Lading shall have
 effect subject to the provisions of the United States Carriage of Goods by
 Sea Act (COGSA), and to the provisions of the US Bill of Lading Act
 (Pomerene Act) regardless of whether said Acts would apply of their own
 force. The provisions of the COGSA are incorporated herein and save as
 otherwise provided herein shall apply throughout the entire time the Goods
 are in the Carrier's custody, including before loading and after discharge
 as long as the Goods remain in the custody of the Carrier or its
 Subcontractors, including cargo carried on deck. Nothing contained herein
 is to be deemed a surrender by the Carrier of its rights, immunities,
 exemptions or limitations or an increase of any of its responsibilities or
 liabilities under the COGSA.  Except for clause 2, every other term,
 condition, limitation, defence and liberty whatsoever contained in this
 Bill of Lading shall apply to carriage in the US Trades.
  
3.2 For limitation purposes under the COGSA, it is agreed that the meaning
 of the word "package" shall be any palletised and/or unitised assemblage
 of cartons which has been palletised and/or unitised for the convenience
 of the Merchant, regardless of whether said pallet or unit is disclosed on
 the front hereof. (See Clause 6). The Merchant may avoid the application
 of the package limitation by declaring the full value of the Goods to the
 Carrier, on the face hereof, at the time of booking, and by tendering an
 additional freight charge to Carrier, in accordance with the Carrier's
 Tariff. Merchant's failure to tender payment of additional freight will
 render any declaration null and void. In the event that the actual value
 of the Goods per package or per customary freight unit shall exceed such
 declared value, the value shall nevertheless be deemed the declared value
 and the Carrier's liability in any capacity, if any, shall not exceed the
 declared value. In no event shall the Carrier be liable for any amount in
 excess of the actual value of the Goods. 
 
4. DEFENSES EXTENDED TO SUBCONTRACTORS AND OTHERS. It is expressly agreed
 by the Carrier and the Merchant that the Vessel named herein, or any
 substitute or other vessel or watercraft, and the Master, crewmembers,
 servants and agents of the Carrier and all or any subcontractors of the
 Carrier, including any Participating Carriers, performing any part of the
 carriage or service covered by this contract, as well as (but not limited
 to) any agents, co-loaders, forwarders, stevedores, terminals, security
 services, truckers, rail carriers or warehouses used by the Carrier or
 Participating Carrier to perform any part of this contract, and their
 servants, agents, or any sub-contractors appointed by any of the parties
 so mentioned, shall each be a beneficiary of this contract and shall be
 entitled to all the exemptions, immunities and defenses, limitations of
 liability and time to sue limitation and other benefits which the
 Carrier, has under this bill of lading, its tariffs, or the applicable
 law, and all such persons shall be deemed to be third-party beneficiaries
 of this bill of lading contract. 
 
5. RIGHT TO CARRY CARGO ON DECK. Carrier shall have the right to stow
 Goods in containers, tank-tainers, vans or trailers. Carrier shall
 further have the right to stow and carry containers, vans, trailers,
 trucks or similar heavy rolling equipment, heavy cargo, out of gauge
 cargo, yachts and hazardous cargo on deck of any vessel without notice to
 the Merchant, and if stowed and carried on deck, such cargo shall by this
 contract be subject to the limitations, defences and exemptions from
 liability applicable under Clause 2 or 3 and 14 hereof, notwithstanding
 any exclusion of on deck cargo therein, and the Carrier shall not be
 required to specially note any statement of such on-deck carriage on this
 bill of lading, custom to the contrary notwithstanding. With respect to
 Goods carried on deck and stated herein to be so carried, all risks of
 loss or damage inherent in such carriage shall be borne by the Merchant,
 reserving to the Carrier the right to invoke the limitations, defences
 and exemptions from liability applicable under Clause 2 or 3 and 14.
 Carrier cannot promise or guarantee to carry cargo under deck. 
 
6. MERCHANT'S RESPONSIBILITY. DESCRIPTION OF THE GOODS. The Merchant
 guarantees the accuracy of the particulars furnished to the Carrier by
 the shipper, including the nature of the goods, weight, measurement, and
 the type of package actually shipped in a sealed container. The Merchant
 warrants that the Goods are properly, safely and securely packed in their
 packaging and containers, for both ocean and land transport. Merchant
 further warrants that it has fully disclosed the number of packages
 packed by it or its agent inside the container and agrees that the
 "package" for limitation purposes, if any, shall include all palletised
 and/or unitised assemblage of cartons which has been palletised and/or
 unitised for the convenience of the Merchant, regardless of whether said
 pallet or unit is disclosed on the face hereof. Merchant further warrants
 that it has ascertained and fully disclosed on the face hereof in the
 Particulars any hazardous or potentially dangerous characteristics of the
 Goods. The Merchant warrants that any Merchant loaded and sealed
 container tendered to the Carrier is in conformity with all applicable
 international and/or national regulations or Conventions relating to the
 safe and proper carriage of hazardous cargo and/or containerized cargo.
 The Merchant also warrants that the Goods and/or Merchant-packed
 Containers are lawful Goods, contain no contraband, drugs, other illegal
 substances or stowaways. 
 
7. CONTAINERS STUFFED BY SHIPPER. The Carrier shall not be responsible for
 the safe and proper stowing of Goods in containers if such containers are
 loaded with Goods by the Merchant, or its agents, consolidators or inland
 carrier. No responsibility shall attach to the Carrier for any loss or
 damage caused to Goods by shifting, overloading or improper packing of
 containers. Containers not loaded by the Carrier shall be properly
 sealed, and the seal identification reference, as well as the container
 reference, shall be shown herein. The Merchant, or its agent, shall
 inspect containers before loading. Loading of any containers by Merchant
 or its agents shall be prima facie evidence that the containers are in
 all respects clean, sound, watertight, free of harmful odours and
 suitable for shipment of the particular Goods described herein. The
 Merchant agrees to be liable for, and shall indemnify and hold harmless
 the Carrier, and the Carrier shall have a lien on the Goods for any kind
 of property damage or personal injuries caused by the contents of said
 container(s) at any time, to property (including the Vessel and other
 cargo and containers on board the Vessel) or to persons, and also for any
 loss, damage, delay, or expense whatever, including legal fees and
 expenses, resulting from any failure of the Merchant, or its agents, to
 comply with provisions of this paragraph or of Paragraph 6, above. 
 
8. DURATION OF LIABILITY, ABANDONMENT OF CARGO, RECONDITIONING OF GOODS
 AND REPAIR OF CONTAINERS. CARRIER'S GENERAL LIEN. The Carrier's custody
 or responsibility for Goods shall not commence until the Goods are
 received by the Carrier at port of loading, or place of receipt if
 intermodal carriage is contracted for, regardless of whether a Dock
 Receipt is issued on behalf of the Carrier. Delivery of Port-to-Port
 shipments shall take place when the Goods are discharged onto a safe or
 customary wharf, craft or other landing place. The Merchant shall check
 vessel's arrival with Carrier's agent and be ready to take delivery as
 soon as Goods are landed, including Saturdays, Sundays and holidays.
 Carrier shall not be responsible for failure to notify Merchant of
 vessel's or cargo's arrival. Where Goods are, according to custom of the
 discharge port, turned over to port authorities or stevedores or
 watercraft not employed by Carrier, delivery to such authorities,
 stevedores or watercraft shall be considered final delivery to Merchant.
 If the Merchant fails to take delivery of the Goods as provided herein,
 containers may be unstuffed and the Goods stored at the risk and expense
 of the Goods and after 30 days, at option of the Carrier, may be deemed
 abandoned and thereafter sold for the account of whom it may concern. The
 Merchant shall be liable for and shall indemnify the Carrier and Vessel,
 and the Carrier shall have a lien on the Goods or their proceeds for all
 expenses associated with the care, carriage and delivery of the Goods
 under this contract, including but not limited to expenses for storage,
 sale, coopering, repairing, fumigating, repacking or reconditioning the
 Goods. Carrier shall also have a lien on the Goods for all expenses
 incurred in repairing containers damaged while in the custody of the
 Merchant, for demurrage on containers, for terminal storage charges and
 for all legal fees and expenses incurred in connection with the
 enforcement of any provision of this Bill of Lading. The Carrier's lien
 shall survive delivery of the Goods and may be enforced by private or
 public sale without notice. 
 
9. SCOPE OF VOYAGE. DELAY. CONSEQUENTIAL DAMAGE. The scope of voyage
 herein contracted for may or may not include usual or customary or
 advertised ports of call whether named in this contract or not. The
 Carrier is at liberty to call at any port upon inducement. The Carrier
 does not undertake to load, carry, or discharge cargo on or by any
 particular vessel, date or time. Advertised sailings and arrivals are
 only estimated, without guarantee, and such schedules may be advanced or
 delayed without notice. In no event shall the Carrier be liable for any
 consequential or special damages, or for any delay in scheduled
 departures or arrivals of any vessel or other conveyances used to
 transport the Goods by sea, land or air. Notwithstanding the foregoing,
 if the Carrier is held liable for delay or any consequential damage by a
 court of competent jurisdiction then such liability shall be limited by
 application of paragraph 15 below. 
 
10. LIBERTIES. In any situation whether existing or anticipated before
 commencement or during the voyage, including political turmoil, strikes
 and work stoppages or bad weather, which, in the Carrier's or Master's
 judgment, may give rise to risk of damage, delay or disadvantage to the
 vessel, her cargo or persons aboard, or make it imprudent to begin or
 continue the voyage, or to enter or discharge at any port, or give rise
 to delay or difficulty in arriving or leaving any port, the Carrier may
 decline to receive, keep, or load the Goods or may discharge the Goods at
 any safe port, or retain the Goods on board until the return trip or such
 time as the Master thinks advisable, or may forward or tranship the Goods
 by any means, but always at the risk and expense of the Goods, or may
 require the Merchant to take delivery at port of shipment or elsewhere,
 and if Merchant fails to do so promptly, the Carrier may store the Goods
 at the expense and risk of the Goods, declare the Goods abandoned, and
 invoke the provisions of Clause 8, above. For extra services rendered
 pursuant to this clause the Carrier shall be entitled to reasonable extra
 compensation. Carrier to be free from any liability whatsoever for loss
 of or damage to Goods if such loss or damage is the result of Carrier
 following the directions of any Government or Authority. 
 
11. TRANSHIPMENT. Where the Goods are consigned to a port, or place, not
 directly served by the Carrier, and transhipment is indicated on the face
 hereof by having Boxes 13 and/or 17 filled-in, the Carrier may, without
 notice, tranship the Goods by any other vessel or other means of
 transportation not operated by the Carrier. The Carrier, in making any
 arrangements for transhipment by any means of transportation not operated
 by it, shall be deemed the Agent of the Merchant without any other
 responsibility whatsoever. The on-carriage shall be subject to the terms
 of the on-carrier's current regular form of bill of lading, tariff, rail
 circular or other contract, whether issued or not, even though such terms
 may include a lower limitation of liability or otherwise be less
 favourable to the Merchant than the terms of this bill of lading, which
 in such event shall operate only as a receipt or document of title (if
 negotiable) after transhipment has taken place. Pending or after
 transhipment, the Goods may be stored ashore or afloat at the risk and
 expense of the Goods until collected by the Merchant. Any and all
 liability of the Carrier incurred in connection with transhipment shall,
 in all respects, be subject to the terms and conditions contained herein,
 including but not limited to Clause 14, Limitation Per Package or Freight
 Unit. In the event that it cannot be determined where loss or damage to
 cargo has occurred, it is agreed as between the Carrier and the Merchant
 that the damage shall be deemed to have occurred on board the vessel. 
 
12. FREIGHT AND CHARGES. CARRIER'S LIEN. Freight may be calculated on the
 basis of the Shipper's Particulars but the Carrier may, without notice to
 Merchant, open the containers or packages and examine, weigh and measure
 the Goods to verify freight charges, and if such particulars are found to
 be erroneous and additional freight is payable, the Merchant and Goods
 shall be liable therefore and also for any expense thereby incurred
 including measurement. Full freight to the named port of discharge and
 any other charges (including charges by on-carriers) shall be completely
 earned on initial receipt of the Goods by the Carrier, whether prepaid or
 collect, and the Carrier shall be entitled to all freight and charges,
 and any extra expenses incurred in respect of the Goods, whether actually
 paid or not, and to receive and retain them under all circumstances,
 vessel and/or cargo lost or damaged, or the voyage changed, broken up,
 frustrated or abandoned. All unpaid freight and charges shall be paid in
 full, without offset, counterclaim or deduction, in the currency
 designated by the Carrier. The Carrier shall have a lien on the Goods,
 and the documents relating thereto, which shall survive delivery of the
 Goods, for all freight and expenses, including storage, demurrage, per
 diem, and damage to property or person, as well as for any other Charges
 referred to herein, and the Carrier or its agent or subsidiary may
 enforce this lien by public or private sale, at Carrier's option, without
 notice to the Merchant and shall be entitled to recover all expenses and
 attorney's fees. It is expressly understood and agreed that the Carrier's
 lien shall include any sums owed by Merchant to Carrier, regardless of
 whether such sums were incurred on the voyage covered by this Bill of
 Lading. Carrier's lien shall survive delivery of the Goods and shall
 apply to the proceeds of any sale of the Goods. The Merchant shall remain
 liable to Carrier for any Freight or Charges or sums still due and owing
 to Carrier after the Carrier has exercised its lien. All persons who
 constitute the Merchant shall be jointly and severally liable to the
 Carrier for the payment of all Freight and Charges, and for the
 performance of the obligations of the Merchant hereunder. Any freight
 broker, forwarder, person, firm or corporation engaged by any party to
 perform forwarding services with respect to the cargo shall be considered
 to be the exclusive agent of the Merchant for all purposes, and any
 payment of Freight to such third parties shall not be considered payment
 to the Carrier. Failure of such third parties to pay any part of the
 Freight to the Carrier shall be considered a default by the Merchant in
 the payment of Freight. 
 
13. RETURN OF CONTAINERS. The Merchant shall redeliver, to a place
 nominated by the Carrier, the Containers and other equipment in like good
 order and condition, undamaged, empty, odour free, cleaned and with all
 fittings installed by the merchant removed and without any rubbish,
 dunnage or other debris inside. The Merchant shall be liable to indemnify
 the Carrier for any and all costs incurred reinstating or replacing
 Containers and other equipment not returned in the condition as specified
 above, including the reasonable legal expenses and costs of recovering
 the costs incurred and interest thereon. 
 
14. GENERAL AVERAGE AND SALVAGE. General Average shall be adjusted, stated
 and settled in New York according to York-Antwerp Rules 1994 except Rule
 XXII (or any subsequent amendments thereto) and, as to matters not
 therein provided for, according to the laws and usages at New York.
 Average agreement or bond and such cash deposit (payable at Carrier's
 option in United States currency) as the Carrier may require as
 additional security for the contribution of the Goods and salvage and
 special charges thereon, shall be furnished before delivery. In the event
 of accident, danger, damage or disaster, before or after commencement of
 the voyage resulting from any cause whatsoever, whether due to negligence
 or not, for which, or for the consequence of which, the Carrier is not
 responsible by statute, contract, or otherwise, the Goods and the
 Merchant shall, jointly and severally, contribute with the Carrier in
 General Average to the payment of any sacrifices, losses, or expenses of
 a General Average nature that may be made or incurred, and shall pay
 salvage and special charges incurred in respect of the Goods, as
 determined by a duly appointed independent General Average adjuster, and
 his determination as to liability for General Average contribution and
 his computation for the same shall be final and binding on all parties to
 the venture. If a salvaging ship is owned or operated by the Carrier,
 salvage shall be paid for as fully and in the same manner as if such
 salvaging ship or ships belong to strangers. 
 
15. LIMITATION PER PACKAGE OR FREIGHT UNIT. Whenever permitted, and not
 contrary to law, in case of any loss or damage to or in connection with
 Goods or deck cargo exceeding in actual value $500, lawful money of the
 United States, per package, or in case of Goods not shipped in packages,
 per customary freight unit, the value of the Goods shall be deemed to be
 $500 per package or per customary freight unit and the Carrier's
 liability in any capacity, including as agent for arranging on-carriage,
 if any, shall be determined based on a value of $500 per package or per
 customary freight unit. 
 
16. GLOBAL LIMITATION OF LIABILITY AND FIRE STATUTES. The Carrier, whether
 owner, charterer by demise, time, space or voyage of the vessel, shall be
 entitled to the full benefit of, right to, all limitations of, or
 exemption from, liability contained in Sections 4281 to 4286 both
 inclusive of the Revised Statutes of the United States, and amendments
 thereto, and any other provisions of the laws of the United States or of
 any other country whose laws shall apply. Nothing in this bill of Lading
 shall operate to limit or deprive the Carrier of any statutory protection
 or exemption from, or limitation of liability, which would have been
 applicable in the absence of any terms set forth herein, or to increase
 its responsibilities or liabilities under any statute. 
 
17. NOTICE OF CLAIMS, TIME BAR AND JURISDICTION.
17.1 Notice - of loss or damage to Goods shall be given in writing to the
 Carrier or its agent at the Port of Discharge before or at the time of
 delivery. If the loss or damage is not apparent before or at the time of
 delivery, notice must be given within three (3) days of delivery by the
 Merchant or its agent.  Claims shall be submitted in writing addressed by
 the Merchant to the Carrier's agent at the Port of Discharge.
  
17.2 Time bar - In any event, the Carrier shall be discharged from all
 liability if suit is not commenced within one (1) year after the date of
 delivery of the Goods or the date that the Goods should have been
 delivered for claims related to loss or damage during the Port-to-Port
 carriage. For claims related to loss or damage during Inland Transport,
 then the shorter of nine (9) months or any time limit provided for by any
 applicable international convention, national law, regulation or contract
 by virtue of clauses 2.2.2 (a) or (b) shall apply.
  
17.3 Jurisdiction - It is hereby specifically agreed that any suit by the
 Merchant, and save as additionally provided below any suit by the Carrier,
 shall be filed exclusively in the High Court of Hong Kong or London, and
 English Law shall exclusively apply, unless the carriage contracted for
 hereunder was to or from the United States of America, or suit is filed in
 the United States, in which case suit shall be filed exclusively in the
 United States District Court, for the Southern District of New York and
 U.S. law shall exclusively apply. The Merchant agrees that it shall not
 institute suit in any other court at the same time and agrees to be
 responsible for the reasonable legal expenses and costs of the Carrier in
 removing a suit filed in another or wrong forum. The Merchant waives any
 objection to the personal jurisdiction over the Merchant of the above
 agreed forums. In the case of any dispute relating to Freight or other
 sums due from the Merchant to the Carrier, the Carrier may, at its sole
 option, bring suit against the Merchant in the forums agreed above, or in
 the countries of the Port of Loading, Port of Discharge, Place of Delivery
 or in any jurisdiction where the Merchant has a place of business. 
 
18. BOTH TO BLAME COLLISION. If the vessel comes into collision with
 another vessel or vessels or any other object, as a result of fault or
 negligence on the part of the other vessel or other object, or of those
 charged with the operation or maintenance thereof, and any act, neglect
 or default of the Master, pilot, mariners or servants of the Carrier in
 the navigation or management of the vessel, the Merchant will indemnify
 the Carrier against all loss or liability, to other or non-carrying
 vessel or vessels or other objects or her, its or their owners insofar as
 such loss or liability represents loss of, of damage to, or any claim
 whatsoever of said Goods or the owner thereof, paid or payable by the
 other or non-carrying vessel or vessels or other objects, or subject to
 set-off, recoupment or recovery by the other non-carrying vessel or
 vessels or other objects or her, its or their owners as part of their
 claim against the carrying vessel or Carrier. The foregoing provisions
 shall also apply where the owners, operators or those in charge of any
 vessel or vessels or objects other than or in addition to, the colliding
 vessel or objects are at fault in respect of a collision or contact. This
 clause is to remain in effect in other jurisdictions even if
 unenforceable in the Courts of the United States of America. 
 
19. SPECIAL CARRIAGE AND REFRIGERATION, HEATING, INSULATION, OR
 VENTILATION. Special containers or cargo space with refrigeration or
 heating or insulation or mechanical ventilation shall not be furnished
 unless contracted for on the face of this Bill of Lading and extra
 freight paid. If a carriage temperature is noted on the bill of lading,
 the Mer chant shall deliver Goods to the Carrier at plus or minus 2
 Degrees C of the noted temperature, and the Carrier shall exercise
 reasonable care to maintain such temperature, plus or minus 2 Degrees C
 while the Goods are in its possession. The Carrier shall not be
 responsible for control and care of refrigeration units on containers
 when such containers are not in the actual possession of the Carrier. It
 shall be the responsibility of the Merchant to inspect any refrigerated,
 ventilated or mechanical container upon receipt, before loading Goods
 into said container. Merchant's acceptance and use of any tendered
 container shall constitute Merchant's agreement that the tendered
 container was fit for all purposes and in good working condition. It is
 the Merchant's obligation to set the temperature controls on the
 container at the required carrying temperature, set the vents, and to
 confirm that the refrigeration equipment is operating properly. Carrier
 does not undertake to deliver empty refrigerated containers to Merchant
 at any specific temperature and will not accept any container loaded by
 the Merchant for shipment that is not set at the contracted carrying
 temperature. The Carrier does not warrant refrigeration machinery, but
 shall exercise reasonable care in its operation and maintenance while in
 the actual possession of the Carrier. Carrier will not guarantee
 compliance with any governmental program or protocol unless noted on the
 front hereof and unless additional freight is paid. The Carrier has the
 right but not the obligation to refuse to accept any Container loaded by
 the Merchant where the temperature on receipt by the Carrier is not
 within plus or minus 2 C of the contracted carrying temperature. Merchant
 warrants that the cargo has been pre cooled or warmed so that its pulp
 temperature is within plus or minus -2  C of the contracted carrying
 temperature. Merchant also acknowledges that refrigerated containers are
 not designed to cool or freeze goods that are loaded warmer than the
 contracted carrying temperature, nor to control or monitor the humidity
 conditions within the container. 
 
20. DANGEROUS GOODS. No Goods which are or may become dangerous,
 inflammable or hazardous (including radioactive material), or which are
 or may present danger or damage to any property whatsoever, shall be
 tendered to the Carrier for carriage without the express written consent
 of the Carrier, and without the container or other packaging in which the
 Goods are to be carried as well as the Goods themselves being distinctly
 marked on the outside so as to indicate the nature and character of any
 such Goods and so as to comply with all applicable laws, regulations and
 requirements. The Merchant shall inform the Carrier, in writing before
 delivery of the goods, of the precise and accurate details of the Goods,
 and all special precautions or handling requirements for the Goods. If
 any such Goods are delivered to the Carrier without such written consent
 and/or markings, or if in the opinion of the Carrier the Goods are or are
 in the future liable to become dangerous, inflammable or hazardous, they
 may at any time be destroyed or disposed of, or abandoned or rendered
 harmless without notice and without compensation to the Merchant and
 without prejudice to the Carrier's right to freight and the Carrier's
 right to seek damages for any loss or expense associated with the Goods,
 including reasonable attorney fees. The Merchant undertakes that such
 Goods are packed in a manner adequate to withstand the risks of carriage
 having regard to their nature and compliance with all laws or regulations
 which may be applicable to the carriage. Whether or not the Merchant was
 aware of the nature of the Goods, the Merchant shall indemnify, hold
 harmless and defend the Carrier against all claims, losses, damages and
 expenses arising in consequence of the carriage of such Goods, including
 but not limited to damage to the Vessel, property of the Carrier and its
 agents and servants, as well as cargo and property belonging to third
 parties. Merchant shall indemnify and hold Carrier harmless in the event
 that Merchants' cargo is used to forward and/or transport any materials
 of a terrorist nature. Nothing in this Clause shall act to deprive the
 Carrier of any right, limitation and/or exception appearing herein or
 available to it at law. 
 
21. SEPARABILITY OF TERMS. FINAL CONTRACT. The terms of this bill of
 lading shall be separable and, if any term or provision hereof or any
 part of any term or provision shall be invalid to any extent, it shall be
 invalid to that extent, but no further and such circumstance shall not
 affect the validity or enforceability of any other term or provision
 hereof. This bill of lading is the final contract between the parties
 which supersedes any prior agreement or understanding, whether in writing
 or verbal. This bill of lading and its terms and conditions may not be
 changed orally and any undertaking to do so by Carrier or its agents,
 etc. shall be void.

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