Effective	01MAY2026
Filed	01MAY2026
Filing Codes	IC

All cargo transported under the rates, charges, terms and
conditions named in 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.
     
BILL OF LADING - TERMS AND CONDITIONS
  
1. (a) Except as otherwise provided herein, this Bill of Lading shall
have effect subject to the provisions of the carriage of Goods by Sea
Act of the United States of America approved April 16, 1936, which
shall be deemed to be incorporated herein, and nothing herein
contained shall be deemed a surrender by the Carrier of any of its
rights or immunities or an increase of any of its responsibilities or
liabilities under said Act. The provisions stated in said Act (except
as otherwise specifically provided herein) shall govern before
loading on and after discharge from the vessel and throughout the
entire time the Goods are in the custody of the Carrier. If this Bill
of lading is issued or delivered in a locality where there is in
force a compulsorily applicable Carriage of Goods by Sea Act,
ordinance or statute of a nature similar to the international
Convention for the Unification of Certain Rules Relating to Bills of
lading dated at Brussels, August 25, 1924, it shall be subject to the
provisions of said Act, Ordinance or Statute and rules thereto
annexed.
  
(b) The Carrier shall be entitled to the full benefit of, and right
to all limitations of, or exceptions from, liability authorized by
any provisions of Sections 4261 to 4288 Inclusive, of the Revised
Statutes of the United States and amendments thereto and of any other
provisions of the laws of the United States or of any other country
whose laws shall apply.
  
2. In this Bill of Lading.
"Carrier" means and includes the carrier named on the face side
hereof, the vessel, her owner, Master operator, demise charterer, and
if bound hereby, the time charterer, and any substitute Carrier
whether the owner, operator, charterer or Master shall be acting as
carrier or bailee;
  
"Vessel" means and includes the ocean vessel on which the Goods are
shipped, named on the face hereof, or any substitute vessel, also any
feeder ship, ferry, barge, lighter or any other watercraft used by
the Carrier in the performance of this contract;
  
"Merchant" means and includes the shipper, the consignee, the
receiver, the holder of this bill of lading, the owner of the Goods
or person entitled to the possession of the Goods and the servants or
agents of any of these;
  
"Charges" means and includes freight and all expenses and money
obligations incurred and payable by the Merchant;
  
"Goods" means and includes the cargo received from the shipper and
described on the face side hereof and any Container not supplied by
or on behalf of the Carrier;
  
"Container" means and includes any container, van, trailer,
transportable tank, flat, pallet or any similar article of transport;
  
"Person" means and includes an individual, corporation, partnership
or other entity as the case may be;
  
"Participating Carrier" means and shall include any other water, land
or air carrier performing any stage of the Combined Transport.
  
3. It is understood and agreed that other than the said Carrier, no
person whatsoever (including the Master, officers and crew of the
vessel, all servants, agents, employees, representatives, and all
stevedores, terminal operators, crane operators, watchmen,
carpenters, ship cleaners, surveyors and other independent
contractors whatsoever) is or shall be deemed to be liable with
respect to the Goods as carrier, bailee or otherwise howsoever, in
contract or in tort. If, however, it should be adjudged that any
other than said carrier is under any responsibility with respect to
the Goods all limitations of and exonerations from liability provided
by law or by the terms receipt shall be available to such other
persons as herein described in contracting for the foregoing
exemptions, limitations and exonerations from liability, the Carrier
is acting as agent and trustee for and on behalf of all persons
described above, all of whom shall to this extent be deemed to be a
party in this contract evidenced by this Bill of Lading.  It being
always understood that said beneficiaries are not entitled to any
greater or further exemotions, limitations or exonerations from
liability than those that the carrier has under this Bill of Lading
in any given situation.
  
4. Subject to all rights, privileges and limitations of and
exonerations from liability granted to the ocean carrier under this
Bill of Lading or by law, any liability by the respective
participating carriers for loss or damage to the Goods or packages
carried hereunder shall be governed by the following:
If loss or damage occurs while the Goods or packages are in the
custody of the ocean carrier, only the ocean carrier shall be
responsible therefore, and any liability of the ocean carrier shall
be determined by the terms and conditions of this Bill of Lading and
any law compulsorily applicable.
  
If loss or damage occurs while the Goods or packages are in the
custody of a participating domestic or foreign Carrier, only the
participating Carrier(s) shall be responsible therefore, and
liability of such participating domestic or foreign Carrier(s) shall
be determined, in respective order, by the terms, conditions and
provisions of the applicable participating domestic or foreign
Carrier's Bill(s) of Lading, whether issued or not, tariff(s) and law
compulsorily applicable in the circumstances.
  
Notwithstanding subdivision (s) and (b) hereof, it is contemplated
that the Goods or packages will from time to time be carried in
through transportation that will include inland transportation within
the United States, by Railroad and sea carriage by one or more of the
other Carriers above defined. (When used on or endorsed on this Bill
of Lading the words "on board" shall mean and include on board the
original carrying vessel when the Goods or packages are being
transported from a foreign port or place to the Continental United
States to a foreign port or place "on board" shall mean and include
on board a rail car operated by the originating carrier and enroute
by rail to the port of loading for loading on board the Carrier's or
participating Carrier's vessel).
  
If loss or damage occurs after the receipt of the Goods or packages
hereunder, and it cannot be determined from the records of this ocean
Carrier or participating domestic or foreign Carrier(s) whether such
damage or loss occurred during ocean, domestic or foreign carriage,
it shall be conclusively presumed that the loss or damage occurred on
board the vessel and while the Goods or packages were in the custody
of the ocean Carrier.
  
At all times when the Goods or packages are in the custody of the
above-mentioned participating domestic or foreign Carriers, such
Carriers shall be entitled to all the rights, defenses, exceptions
from or limitations of liability and immunities of whatsoever nature
referred to or incorporated herein applicable or granted to the
Carrier as herein defined, to the full extent permitted to such
domestic and foreign Carriers under this Bill(s) of Lading, tariffs
and any other laws applicable or relating thereto, provided however,
that nothing contained in this Bill of Lading, shall be deemed a
surrender by these domestic or foreign Carriers of any of their
rights and immunities or an increase of any of their limitations of
and exonerations from liability under their said Bill(s) of Lading,
tariffs or laws applicable or relating to said carriage.
  
In making any arrangements for transportation by participating
domestic or foreign Carriers of the Goods or packages carried
hereunder, either before or after ocean carriage, it is understood
and agreed that the ocean Carrier acts solely as agent of the
Merchant, without any other responsibility whatsoever, and it assumes
no responsibility as Carrier for such domestic or foreign
transportation.
  
Notice of loss or damage and claim against the ocean Carrier, where
applicable, snail be given to the ocean Carrier, and suit commenced
as provided for in Clauses 30 and 31 hereof. Notice of loss or damage
against the participating domestic of foreign Carrier(s), where
applicable, shall be filed with the participating domestic or foreign
Carrier(s) and suit commenced as provided for in the terms,
conditions and provisions of said Carrier(s) Bill(s) of Lading or by
law applicable thereto.  It is understood by the Merchant that such
terms, conditions and provisions, as they pertain to notice of, and
claim for loss or damage and commencement of suit, contain different
requirements than these requirements pertaining to ocean Carriage as
contained in Clauses 30 and 31 hereof.
  
5. The Goods carried hereunder are subject to all the terms and
provisions of the Carriers applicable Tariff or Tariffs on file with
the Federal Maritime Commission, Interstate Commerce Commission or
any other regulatory body which governs a particular portion of this
carriage, and the terms and provisions of the said Tariff or Tariffs
are hereby incorporated herein as part of the Terms and Conditions of
this Bill of Lading. Copies of the relevant provisions of the
applicable Tariff or Tariffs are obtainable from the Carrier, Federal
Maritime Commission Interstate Commerce Commission or other
regulatory body upon request. In the event of any conflict between
the terms and provisions of such Tariff or Tariffs and the Terms and
Conditions of this Bill of Lading, this Bill of Lading shall prevail.
  
6. The Merchant warrants that in agreeing to the Terms and Conditions
hereof, he is, or has the authority of, the person owning or entitled
to the possession of the Goods and this Bill of Lading.
  
7. (a) The Carrier shall be entitled to sub-contract on any terms the
whole or any part of the carriage, loading, unloading, storing,
warehousing, handing and any and all duties whatsoever undertaken by
the Carrier in relation to the Goods.  (b) As to through
transportation, the Carrier undertakes to procure such services as
necessary and shall have the right at its sole discretion to select
any mode of land, sea or air transport and to arrange participation
by other Carriers to accomplish the combined transport from place of
receipt to place of delivery.  Whenever any stage of the combined
transport is accomplished by any land or air Carrier or any other
water Carrier each such stage shall be controlled according to any
law compulsorily applicable to such stage and according to the
contracts, rules and tariffs of each participating Carrier, the same
as if such contracts, rules and tariffs were fully set forth herein.
  
8. The Carrier shall be entitled but under no obligation to open any
Container at any time and to inspect the contents unless applicable
law prohibits same if it thereupon appears that the contents or any
part thereof cannot safely or properly be carried or carried further,
either at all or without incurring any additional expense or taking
any measures in relation to the Container or its contents or any part
thereof, the Carrier may abandon the transportation thereof and/or
take any measures and/or incur any reasonable additional expense to
carry or to continue the carriage or to store the same ashore or
afloat under cover or in the open at any place, which storage shall
be deemed to constitute due delivery under this Bill of Lading. The
Merchant shall indemnify the Carrier against any responsible
additional expense as incurred.
  
9. Carrier may containerize any Goods or packages.  Containers may be
stowed on deck or under deck and when so stowed shall be deemed for
all purposes to be stowed under deck, including for General Average
and U.S. Carriage of Goods by Sea Act, 1936 and similarlegislation.
  
10. Deck cargo (except Goods carried in containers on deck) and live
animals are-received and carrier solely at Merchant's risk (including
accident or mortality of animals), and the Carrier shall not in any
event be liable for any loss or damage thereto arising or resulting
from any matters mentioned in Section 4. Subsection 2 (a) to (p).
Inclusive, of the United States Carriage of Goods by seas Act, or
from any other cause whatsoever not due to the fault of the Carrier,
any warranty of seaworthiness in the promises being hereby waived,
and the burden of proving liability being in all respects upon the
Merchant. Except as provided above, such shipments shall be deemed
Goods and shall be subject to all terms and provisions of this Bill
of Lading relating to Goods.
  
11. Special containers with heating or refrigeration units will not
be furnished unless contracted for expressly in writing at time of
booking and, when furnished, may entail an increased freight rate of
charge. Shipper shall advise Carrier of desired temperature range
when delivering Goods to Carrier, and Carrier shall exercise due
diligence to maintain the temperature within a reasonable range while
the containers are in its custody and control. The Carrier does not,
however, accept any responsibility for the functioning of heated or
refrigerated containers not owned or leased by Carrier.
  
12. The scope of the voyage herein contracted for shall include usual
or customary or advertised ports of call whether named in this
contract or not, also ports in or out of the advertised, geographical
or usual route or order even though in proceeding thereto the vessel
may sail beyond the port of discharge named herein or in a direction
contrary thereto or return to the original port, or depart from the
direct of customary route and includes all canals, straits, and other
waters. The vessel may call at any port for the purpose of the
current, prior or subsequent voyages. The vessel may omit calling at
any port whether scheduled or not, and may call at the same port more
than once, may discharge the Goods during the first or subsequent
call at the port of discharge, may for matters occurring before or
after loading, and either with or without the Goods on board and
before or after proceeding towards the port of discharge, adjust
compasses, dry dock with or without cargo on board, stop for repairs,
shift berths, make trial trips or tests, take fuel or stores, remain
in port, lie on bottom, aground or at anchor, sail with or without
pilots, tow and be towed, and save or attempt to save life of
property, and all of the foregoing are included in the contract
voyage. The vessel may carry contraband, explosives, munitions,
warlike stores, hazardous cargo, and sail armed or unarmed, and with
or without convoy.
  
The Carrier's sailing schedules are subject to change without notice,
both as to the sailing date and date of arrival. If this is a Through
Bill of Lading, no Carrier is bound to transport the shipment by any
particular train, truck, aircraft vessel or other means of
conveyance, or in time for any particular market or otherwise. No
Carrier shall be liable for delay and any Carrier shall have the
right to forward the Goods by substitute Carrier. 
  
13. If at any time the performance of the contract evidenced by this
Bill of Lading is or is likely to be affected by any hindrance, risk,
delay, difficulty or disadvantage of whatsoever kind which cannot be
avoided by the exercise of reasonable endeavours, the Carrier
(whether or not the transport is commenced) may without notice to the
Merchant treat the performance of this contract as terminated and
place the Goods or any part of them at the Merchant's disposal at any
place or port which the Carrier may deem safe and convenient,
whereupon the responsibility of the Carrier in respect of such Goods
shall cease. The Carrier shall nevertheless be entitled to full
freight and charges on Goods received for transportation and the
Merchant shall pay any additional costs of carriage to and delivery
and storage at such place or port.
  
14. If the Carrier makes a special agreement, whether by stamp hereon
or otherwise, to deliver the Goods at a specified dock or place, it
is mutually agreed that such agreement shall be construed to mean
that the Carrier is to make such delivery only if, in the sole
judgment of the Carrier, the vessel can get to, be at and leave said
dock or place, always safely afloat, and only if such dock or place
is available for immediate receipt of the Goods and that otherwise
the Goods shall be discharged as otherwise provided in this Bill of
Lading whereupon all responsibility of Carrier shall Cease.
  
15. The port authorities are hereby authorized to grant a general
order for discharging immediately upon arrival of the vessel and the
Carrier, without giving notice either of arrival or discharge, may,
immediately upon arrival of the vessel at the designated destination,
discharge the Goods continuously, Sundays and holidays included, at
all such hours by day or by night as the Carrier may determine no
matter what the state of the weather or custom of the port may be.
The Carrier shall not be liable in any respect whatsoever if heat or
refrigeration or special cooling facilities shall not be furnished
during loading or discharge or any part of the time that the Goods
are upon the what, craft or other loading or discharging place.
  
Landing and delivery charges and pier dues shall be at the expense
of the Goods unless included in the freight erein provided for, if
the Goods are not taken away by the consignee by the expiration of
the next working day after the Goods are at his disposal, the Goods
may, at Carrier's option and subject to Carrier's lien, be sent to
store or warehouse or be permitted to lie where landed, but always at
the expense and risk of the Goods. The responsibilities of Carrier in
any capacity shall altogether cease and the Goods shall be considered
to be delivered and at their own risk and expense in every respect
when taken into the custody of Customs or other Authorities, or into
that of any municipal or governmental concessionaire or depository.
The Carrier shall not be required to give any notification of
disposition of the Goods, except as may be otherwise provided in this
Bill of Lading.
  
16. At ports or places where, by local law, authorities, or customs,
the Carrier is required to discharge cargo to lighters or other
craft, or where it has been so agreed, or where wharves are not
available which the ship can get to lie at, or leave, always safely
afloat, or where conditions prevailing at the time render discharge
at a what dangerous, imprudent or likely to delay the vessel, the
Merchant, shall promptly furnish lighters or other craft to take
delivery alongside the ship, at the risk and expense of the Goods. If
the Merchant, fails to provide such lighters or other craft, Carrier,
acting solely as agent for the Merchant, may engage such lighters or
other craft at the risk and expense of the Goods. Discharge of the
Goods into such lighters or other craft shall constitute proper
delivery, and any further responsibility of Carrier with respect to
the Goods shall thereupon terminate.
  
17. The Carrier shall have liberty to comply with any order or
directions or recommendations in connection with the transport under
this contract of carriage given by any Government or Authority or
anyone acting or purporting to act on behalf of such Government or
Authority, or having, under the terms of the mortgage or insurance on
the vessel or other transport, the right to give such orders,
directions or recommendations. Discharge or delivery of the Goods in
accordance with the said order or directions or recommendations shall
be deemed a fulfillment of the contract. Any extra expense incurred
in connection with the exercise of the Carrier's liberty under this
clause shall be paid by the Merchant in addition to freight and
charges.
  
18. Whenever the Carrier or Master may deem it advisable, or in any
case where Goods are destined for port(s) or place(s) at which the
vessel or participating carriers will not call, the Carrier may,
without notice, forward the whole or any part of the shipment, before
or after loading at the original port of shipment or any other place
or places even though outside the scope of the voyage or the route to
or beyond the port of discharge of the destination of the Goods, by
water, by land or by air or by any combination thereof, whether
operated by the carrier or others and whether departing or arriving
or scheduled to depart or arrive before or after the ship expected to
be used for the transportation of the shipment. The Carrier may delay
forwarding awaiting a vessel or conveyance in its own service or with
which it has established connections. In all cases where the shipment
is delivered to another Carrier or to a lighter, Port Authority,
warehousemen or other bailee for transshipment, the liability of this
carrier shall absolutely cease when the Goods are out of its
exclusive possession and shall not resume, until the Goods again come
into its exclusive possession, and the responsibility of this Carrier
during any such period shall be that of an agent of the Merchant, and
this Carrier shall be without any other responsibility whatsoever.
The Carriage by any transshipping or on-Carrier and all transshipment
or forwarding shall be subject to all the terms whatsoever in the
regular form of bill of lading, consignment note, contract or other
shipping documents used at the time by the Carrier performing such
transshipment or forwarding.
  
19. In any situation whatsoever and wheresoever occurring and whether
existing or anticipated before commencement of or during the combined
transport, which in the judgement of the Carrier or the Master is
likely to give rise to risk of capture, seizure, detention damage,
delay or disadvantage or loss to the Carrier or any part of the
Goods, to make it unsafe, imprudent or unlawful for any reason to
receive, keep, load, or carry the Goods, or commence or proceed on or
continue the transport or to enter or discharge the Goods or
disembark passengers at the port of discharge, or the usual or agreed
or intended place of discharge, or delivery, or to give rise to delay
or difficulty in proceeding by the usual or intended route the
Carrier or the Master may decline to receive, keep, load or carry the
Goods or may devan container(s) contents or any part thereof and may
require the Merchant to take delivery of the Goods at the place of
receipt of any other point in the combined transport and upon failure
to do so, may warehouse the Goods at the risk and expense of the
Goods. The vessel, whether or not proceeding towards or entering or
attempting to enter a port of discharge, or reaching or attempting to
reach a usual place of discharge therein or attempting to discharge
the shipment, may discharge the Goods and/or devan the contents of
any container(s) at another port, depot, lighter, craft, or other
place, or may forward or transship them as provided in this Bill of
Lading , or the Carrier or the Master may retain the Goods, vanned or
unvanned, on board until the return of the vessel to the port of
loading or to the port of discharge or until such time as the Carrier
or the Mster thinks advisable and discharge the Goods at any place
whatsoever as herein provided. The Carrier or the Master is not
required to give notice of such devanning or of discharge of the
Goods or of the forwarding thereof as herein provided. When the Goods
are discharged from the ship, as herein provided, such shall be at
the risk and expense of the Goods. Such discharging shall constitute
complete delivery and performance under the contract and the Carrier
shall be free from any further responsibility, unless it be shown
that any loss or damge to the Goods arose from Carrier's negligence
in the discharge and delivery as herein provided, the burden of
establishing such negligence being on the Merchant. For any service
rendered to the Goods as herein above provided or for any delay or
expense to the vessel caused as a result thereof, the Carrier shall
be entitled to a reasonable extra compensation and shall have a lien
on the Goods for such carriage. Notice of disposition of the Goods
shall be mailed to shipper or consignee named in this Bill of Lading.
Goods shut out from the vessel named herein for any cause may be
forwarded on a subsequent vessel of this Line or at Carrier's option,
on a vessel of another Line or by other mode of transportation.
  
20. Notwithstanding the foregoing the Carrier shall neither be liable
therefore, nor concluded as to the correctness of any such marks,
descriptions or representations. When any cargo unit owned or leased
by Carrier is packed or Loaded by shipper or its agent, or discharged
by consignee or its agent, shipper, consignee, receiver, holder of
this Bill of Lading, owners of the Goods and person entitled to the
possession of the Goods shall be and remain liable, jointly and
severally, for, any loss or damage to the cargo unit during such
loading or discharge, howsoever occurring, until the cargo unit is
returned to Carrier's custody and, at tariff rates, for any delay
beyond the time allowed for such loading or discharge, and for any
loss, damage or expense incurred by Carrier as a result of the
failure to return the cargo unit to the carrier in the same sound
condition and state of cleanliness as when received by shipper. Such
loss, damage, expense or delay shall constitute a lien on the Goods.
Where a cargo unit is to be unpacked or unloaded by consignee or its
agent, consignee or its agent shall promptly unpack or unload such
cargo unit and take delivery of its contents. Irrespective of whether
the Goods are damaged or not, Carrier shall not be liable for loss or
damage caused to the Goods by or during such unpacking or loading.
  
21. When containers, vans, trailers, transportable tanks, flats,
palletized units, and all other packages (all hereinafter referred to
generically as "cargo units") are not packed or loaded by Carrier,
such cargo units shall be deemed shipped as "Shipper's weight load
and count". Carrier has no reasonable means of checking the quantity,
weight, condition or existence of the contents thereof, and does not
represent the quantity, weight, condition, or existence of such
contents, as furnished by the shipper and inserted in this Bill of
Lading, to be accurate, and shall not be liable for nonreceipt or
misdescription of such contents, Carrier shall have no responsibility
or liability whatsoever there for or for the packing, loading
securing and/or stowage of contents of such cargo units, or for loss
or damage caused thereby or resulting therefrom, or for the physical
suitability or structural adequacy of such cargo units property to
contain their contents.
  
The Merchant, whether principal or agent, by packing or loading
the cargo unit and/or by allowing the cargo unit to be so packed or
loaded represents, guarantees and warrants: (a) that the Goods are
properly described, marked and safely and securely packed in their
respective cargo units: that such cargo units are physically
suitable, sound and structurally adequate property to contain and
support the Goods during handling and on the transport, and that the
cargo units may be handled in the ordinary course without  damage to
themselves or to their contents, or to the vessel or conveyance or to
their other cargo, or property, or persons; (b) that all particulars
with regard to the cargo units and their contents, and the weight of
each said cargo unit, are in all respects correct; and (c) that the
have ascertained and fully disclosed in writing to the Carrier and
all participating Carriers on or prior to shipment, any condition,
ingredient or characteristic of the Goods which might indicate that
they are inflammable, explosive, corrosive; radioactive, noxious,
hazardous or dangerous in nature, or which might cause damage, injury
detriment to the Goods, or to the vessel, conveyance or other cargo
or to property or persons and the they have complied fully with all
statutes, ordinances and regulations of the Department of
Transportation of the United States of America and all other
regulatory bodies with respect t labeling packaging and preparation
for shipment of all such Goods. The shipper, consignee, receiver,
holder of this Bill of Lading, owner of the Goods and person entitled
to the possession o the Goods jointly and severally agree fully to
protect and indemnify Carrier, and to hold it harmless in respect of
any injury or death of any person, or loss or damage to cargo or
cargo unit or any other property, or to the vessel or conveyance or
expense or line arising out of damage to cargo or cargo unit or any
other property, or to the vessel or conveyance or expense or fine
arising out of or in any way connected with breech of any of the
foregoing representations or warranties, howsoever occurring, even
without fault of shipper, consignee and/or owner of the Goods and
even though such injury, death , loss or damage is caused in whole or
in part by fault of the Carrier or unseaworthiness.
  
22. The Merchant and the Goods themselves shall be liable for and
shall indemnify the Carrier for all expenses of mending,
repairing,Fumigation, repacking, coopering, bailing, reconditioning
of the Goods and gathering of loose contents of packages; also for
expenses for repairing containers damaged while in the possession of
the Merchant for demurrage on containers and any payment, expense,
fine, dues, duty, tax, impost, loss, damage or detention sustained or
incurred by or levied upon the Carrier, vessel or conveyance in
connection with the Goods, howsoever caused, including any action or
requirement of any government or governmental authority or person
purporting to act under the authority thereof, seizure under legal
process or attempted or description of the contents, failure of the
Merchant to procure consular, Board of Health or other certificates
to accompany the Goods or to comply with laws or regulations of any
kind imposed with respect to the Goods by the authorities at any port
or place or any act or omission of the Merchant.
   
23. Freight shall be payable at Carrier's option, on actual gross
intake weight or measurement or any actual gross discharge weight or
measurement or on a value or other basis. Freight may be calculated
on the basis of the particulars of the Goods furnished by the shipper
herein, but the Carrier may as previously stated herein, at any time
open the packages or containers and examine, weight, measure and
value the Goods (unless applicable law prohibits same). In case
shipper's particulars are found to be erroneous and additional
freight payable, the Merchant and the Goods shall be liable for any
expense incurred for examining, weighing, measuring and valuing the
Goods. Full freight shall be paid on damaged or unsound Goods. Full
freight hereunder to place of delivery named herein and advance
charges(including on-Carrier's) shall be considered completely earned
on receipt of the Goods by the Carrier, whether the freight be stated
or intended to be prepaid or to be collected at destination; and the
carrier shall be entitled to all freight and charges, extra
compensation, demurrage, detention, General Average, claims and any
other payments made and liability incurred with respect to the Goods,
whether actually paid or not, and to receive and retain them
irrevocably under all circumstances whatsoever vessel, conveyance
and/or cargo lost, damaged or otherwise, or the combined transport
changed frustrated or abandoned in case of forced abandonment or
interruption of the combined transport for any cause, any forwarding
of the Goods or any part thereof shall be at the risk and expense of
the Goods. All unpaid charges shall be paid in full, without any
offset, counterclaim or deduction in the currency of the place of
receipt, or, in the currency of the place of delivery at the demand
rate of New York exchange as quoted on the day of Goods receipt by
originating Carrier at place of Origin.
  
The Merchant shall be jointly and severally liable to the Carrier
for the payment of all freight charges and the amounts due to the
Carrier, and for any failure of either or both to perform his or
their obligations under the provisions of this Bill of Lading, and
they shall indemnify the Carrier against, and hold it harmless from,
all liability, loss, damage and expense which the Carrier may sustain
or incur arising or resulting from any such failure of performance by
the Merchant. Any person, firm or corporation engaged by any party to
perform forwarding services with respect to the cargo shall be
considered the exclusive perform forwarding services with respect to
the cargo shall be considered the exclusive agent of the Merchant for
all purposes and any of freight to such person, firm or corporation
shall not be considered payment to the Carrier in any event. Failure
of such person, firm or corporation to pay any part of the freight to
the Carrier shall be considered a default by the Merchant in the
payment of the freight.
  
The shipper, consignee, receiver, holder of this Bill of Lading,
owner of the Goods and person entitled to the possession of the Goods
shall be jointly and severally liable to the Carrier for the payment
of all freight, charges and damages to aforesaid and for the
performance of the obligations of each hereunder.
   
24. Carrier shall not be liable for any consequential or special
damages, and shall have the option of replacing lost Goods or
repairing damaged Goods.
  
25. The weight or quantity of any bulk cargo inserted in this Bill of
Lading is the weight or quantity as ascertained by a third party
other than the Carrier, and Carrier makes no representation with
regard to the accuracy thereof. This bill of Lading shall not be
deemed evidence against the Carrier of receipt of Goods or the weight
or quantity so inserted in the Bill of Lading.
  
26. Neither the Carrier nor any corporation owned by, subsidiary to
or associated or affiliated with the Carrier shall be liable to
answer for or make good any loss or amage to the Goods occurring at
any time and even though before loading on or after discharge from
ship, by reason or by means of any fire whatsoever, unless such fire
shall be caused by its design or neglect, or by its actual fault or
privity. In any case where this exemption is not permitted by law,
Carrier shall not be liable for loss or damage by fire unless shown
to have been caused by Carrier's negligence.
  
27. If the vessel comes into collision with another vessel as a
result of the fault or negligence of the other vessel and any act,
neglect or default of the Carrier, Master, mariner pilot or the
servants of the carrier in the navigation or in the management of the
vessel, the Merchant will indemnify the Carrier against all loss or
liability to the other or non-carrying vessel or her owners insofar
as such or liability represent loss of, or damage to, or any claim
whatsoever of the Merchant paid or payable by the other or
non-carrying vessel or her owners to the Merchant and set-off,
recouped or recovered by the other or non-carrying vessel or her
owners as part of their claim against the carrying vessel or carrier.
  
The foregoing provisions shall also apply where the owners,
operators of those in charge of any vessel or vessel or objects other
than, or in addition to, the colliding vessels or objects are at
fault in respect of a collision, contact, stranding or other
accident. This provision is to remain in effect in other
jurisdictions even if unenforceable in the Courts of the United
States of America.
  
28. General Average shall be adjusted, stated and settled according
to York-Antwerp Rules 1974, except Rule XII thereof, at such port or
place as may be selected by the Carrier and as to matters not
provided for by these Rules, according to the Laws and usages of New
York.
  
In such adjustment, disbursements in foreign currencies shall be
exchanged into United States money at the rate prevailing on the
dates made and allowances for damage to cargo claimed in foreign
currency shall be converted at the rate prevailing on the last day of
discharge at the port or place of final discharge of such damaged
cargo from the ship. Average agreement or bond and such additional
security as may be required by the Carrier must be furnished before
delivery of the Goods. Such cash deposit as the Carrier or his agents
may deem sufficient as additional security for the contribution of
the Goods and for any salvage and special charges thereon shall, if
required, be made by the Goods, shippers, consignees or owners of the
Goods to the Carrier before delivery of the Goods. Notwithstanding
anything hereinbefore contained, such deposit shall at the option of
the Carrier be payable in United States currency and be remitted to
the adjusted pending settlement of the General Average and refunds of
credit balances, if any, shall be paid in United States currency. In
addition to the circumstances dealt with in the 1974 York-Antwerp
Rules, it is agreed that if the Carrier has used due diligence in the
stowage of cargo and if the safe prosecution of the voyage is
thereafter, imperiled in consequence of the disturbance of stowage.
The costs of handling, discharge, reloading and restowing cargo shall
be allowed in General Average, even though the handing of cargo is
not necessary for the purpose of effecting repairs to the vessel.
  
In the event of accident, danger 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 to
otherwise, the Goods, the shipper, consignee, receiver, holder of
this Bill of Lading, owner of the Goods and person entitled to the
possession of the Goods, jointly and severally, shall 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 if a salvaging ship is owned or operated by the
Carrier salvage and special charges incurred in respect of the Goods
if a salvaging ship is owned or operated by the Carrier salvage shall
be paid for as fully and in the manner as if such salving ship or
ships were owned or operated by strangers, Cargo's contribution in
General Average shall be paid to the shipowner even hen such average
is the result of fault, neglect or error of the statutes, laws or
regulations which might otherwise apply.
  
29. In case of any loss or damage to or in connection with Goods
exceeding in actual value the equivalent of $500 lawful money of the
United States, per package, or in case of Goods not shipped in
packages, per shipping unit, the value of the Goods shall be deemed
to be $500 per package or per shipping unit. The Carrier's liability,
if any, shall be determined on the basis of a value of $500 per
package or per shipping unit or pro rata in case of partial loss or
damage, unless the nature of the Goods had a valuation higher than
$500 per package or per shipping unit shall have been declared by the
shipper before shipment and inserted in this Bill of Lading, and
extra freight paid if required. In such case, if the actual value of
the Goods per package or per shipping unit shall exceed such declared
value, the value shall nevertheless be deemed to be declared value
and the Carrier's liability, if any, shall not exceed the declared
value and any partial loss or damage shall be adjusted pro rata on
the basis of such declared value. The words "Shipping unit" shall
mean each physical unit employed in calculating freight charges.
Where containers, vans, trailers, transportable tanks, flats,
palletized units and other such packages are not packed by the
Carrier, each individual such container, van, trailer, transportable
tank, palletized unit and other such package including in each
instance its contents, shall be deemed a single package and Carrier's
liability limited to $500, with respect to each such package.
  
30. As to loss or damage to the Goods or packages occurring or
presumed to have occurred during ocean voyage, unless notice of loss
of or damage and the general nature of it be given in writing to the
Carrier or its agent at the port of delivery before or at the time of
the removal of the Goods or packages into the custody of the person
entitled to delivery thereof under this Bill of Lading or, if the
loss or damage be not apparent within three consecutive days after
delivery at the port of discharge, such removal shall be primo facto
evidence of the delivery by the Carrier of the Goods or packages as
described in this Bill of Lading.
  
31. As to loss or damage to the Goods or package occurring to
presumed to have occurred during ocean-carriage, the Carrier and the
vessel shall be discharged from all liability in respect of loss,
damage, misdelivery, delay or in respect of any other breech of this
contract and any claim whatsoever with respect to the Goods or
packages, unless suit is brought within one year after delivery of
the Goods or package or the date when the Goods or package should
have been delivered. Suit shall not be deemed brought unless
jurisdiction shall have been obtained over the Carrier and/or the
vessel by service of process or by an agreement to appear.
  
32. Gold, silver, specie, bullion or other valuables, including these
named or described in Sec.4281 of the Revised Statutes of the United
States, will not be received by the Carrier unless their true
character and value are disclosed to the Carrier and a special
written agreement therefor has been made in advance, and will not, in
any case, be loaded or landed by the Carrier. No such valuables shall
be considered received by or delivered to the Carrier until brought
aboard the ship by the shipper and put in the actual possession of
and a written receipt therefor is given by the Master or other
officer in charge. Such valuables will only be delivered by the
Carrier aboard the ship on presentation of Bills of Lading properly
endorsed and upon such delivery on board the Carrier's responsibility
shall cease.  If delivery is not taken promptly after the ship's
arrival at the port of discharge, the Goods may be retained aboard or
landed or carried on, solely at the risk and expense of the Goods.
   
33. It is agreed that superficial rust, oxidation or any lick
condition due to moisture, is not a condition of damage but is
inherent to the nature of the cargo; and acknowledgement of receipt
of the Goods in apparent goods order and condition is not a
representation that such condition of rust oxidation and the like did
not exist on receipt.
   
34. Nothing in this Bill of Lading shall operate to deprive the
Carrier of its statutory protection or exemption from, or limitation
of, liability, contained in the laws of the United Sates, or in the
laws of any other country which may be applicable. This Bill of
Lading shall be construed according to the laws of the United States
and the Merchant agrees that any suits against the Carrier shall be
brought in the Federal Courts of the United States. The terms of this
Bill of Lading shall be separable, and if any part or term hereof
shall be held invalid, such holding shall not affect the validity or
enforceability of any other part or term hereof.
  
35. The Carrier, its servants or agents shall have a Lien on the
Goods and any documents relating thereto under this Bill of Lading or
any other contract with the Merchant for all sums payable to the
Carrier and expenses incurred in preserving this Lien or incurred by
the Carrier for the account of the Merchant and for the General
Average and Salvage contributions to whomsoever due and for the cost
of recovering the same and shall be for the account of the Goods and
Merchant jointly and severally.The Carrier shall have the right in
his absolute discretion to dispose of the the Goods and/or sell the
Goods by public auction or private treaty without notice to the
Merchant.Should the proceeds of the sale fail to cover the amount
due,the Carrier shall be entitled to recover the balance from
the Merchant.

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