Effective	18JAN2023
Filed	18JAN2023
Filing Codes	C

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. DEFINITIONS AND RULES OF CONSTRUCTION. 
  1.1 As used in this Bill of Lading:
"Carriage" means the whole of the carriage, handling and storage of
Goods, and other operations
and services undertaken or performed by or on behalf of the Carrier in
respect of the Goods.
 
"Carrier" means the company stated on the front of this Bill of Lading
as being the Carrier.
 
"Charges" includes freight, dead freight, demurrage, detention, and all
expenses and other money obligations incurred and payable by the
Merchant with respect to the Carriage or otherwise under the applicable
tariffs or this Bill of Lading.
 
"COGSA" means the Carriage of Goods by Sea Act of the United States of
America approved on 16th April 1936, as amended and recodified from time
to time. 
"Container" includes any container, trailer, transportation tank, lift
van, flat, pallet, or any similar article of transport used to hold or
consolidate goods. 
 
"Goods" means the cargo described on the face of this Bill of Lading
and, if the cargo is on, in or otherwise Stuffed into Containers
supplied or furnished by or on behalf of the Merchant, includes the
Containers. 
 
"Governmental Authority" includes: all U.S. and foreign national,
federal, state, local, and other governments; government corporations,
authorities, boards, commissions, ports, bodies, and entities; and all
departments, ministries, agencies, bureaus, offices, and subdivisions of
any of the foregoing.
 
"Hague Rules" means the provisions of the International Convention for
Unification of Certain Rules Relating to Bills of Lading signed at
Brussels on 25th August 1924. 
 
"Hague-Visby Rules" means the Hague Rules as amended by the protocol
signed at Brussels on 23rd February 1968. 
 
"Harter Act" means 46 U.S.C. Sec. 30702, et seq., as amended and
recodified from time to time. 
 
"Law" means all present and future laws, statutes, codes, rules,
regulations, ordinances, rules of law, principles of law, orders,
decrees, judgments, directives or the equivalent, and all international
conventions and treaties to the extent applicable by the terms of this
Bill of Lading, including without limitation the SOLAS Rules.
 
"Merchant" includes the shipper, the consignor, the consignee, the
receiver of the Goods, the holder of this Bill of Lading, any Person
owning or entitled to the possession of the Goods or this Bill of
Lading, any Person having a present or future interest in the Goods, or
any Person acting on behalf of any of the above mentioned Persons. If
more than one Person is a "Merchant" under this Bill of Lading, then all
of Merchant's representations, warranties, covenants, indemnities,
agreements, consents, and waivers under this Bill of Lading shall be
joint and several, but Carrier may exercise its rights and remedies upon
the breach or default by any one Person constituting the Merchant (with
or without exercising rights or remedies against the Goods, any other
property, or any other Person). 
 
"Participating Carrier" means any other carrier by water, land, or air,
performing any stage of the Carriage, including inland carriers, whether
acting as sub-carrier, connecting carrier, substitute carrier, and/or
bailee.
 
"Particulars" includes all manner of details with respect to the Goods,
including the exact description, weight, kind, nature, content, measure,
gauge, quantity, quality, condition, marks, numbers, and value. 
  
"Person" includes an individual, corporation, limited liability company,
general or limited partnership, joint venture, association, trust,
Participating Carrier, Governmental Authority, and any other type of
organization or entity.
 
"Shipping Unit" means each physical unit or piece of cargo not shipped
in a package including articles or things of any description whatsoever,
except Goods shipped in bulk and irrespective of the weight or
measurement unit employed in calculating freight charges, and includes
the term "customary freight unit" as used in COGSA (where applicable by
its own force or by agreement), and, otherwise, "unit" as used in the
Hague Rules, the Hague-Visby Rules, or any national legislation adopting
the Hague Rules or the Hague-Visby Rules. 
 
"SOLAS Rules" means the requirements established under the International
Convention for the Safety of Life at Sea, 1 November 1974, 1184 UNTS 3
as codified and amended from time to time, including any national
legislation adopting SOLAS Rules and the amendment to regulation VI/2
(requiring the mandatory provision of the verification of the gross mass
of packed containers and the Guidelines regarding the verified gross
mass of a container carrying cargo (MSC.1/Circ.1475). 
 
"Stuffed" includes filled, consolidated, packed, loaded, or secured, and
references to "Stuffed" include placing in or on the relevant Container.
 
"Vessel" means the vessel named on this Bill of Lading and any other
vessel, ship, barge, lighter, watercraft, or other means of transport
which is or shall be substituted, in whole or in part, for such vessel.
 
  1.2 Words denoting the singular shall include the plural, and vice
versa, and words denoting any gender shall include all genders; and
captions of sections of this Bill of Lading are inserted for convenience
only and shall not be deemed a part hereof or affect the construction or
interpretation of any provisions of this Bill of Lading. Whenever
reference is made to Carrier's agreement, approval, or consent or to any
arrangement involving Carrier, even if not specifically so stated, such
agreement, approval, arrangement, or consent shall not be binding upon
Carrier unless in writing and signed by a duly-authorized representative
of Carrier, and Carrier may withhold such agreement, approval,
arrangement, or consent in its sole discretion. All warranties by
Merchant shall be construed to include representations of fact. 
 
2. TARIF. All applicable provisions of Carrier's tariffs that are
published in accordance with the requirements of the Federal Maritime
Commission or any other Governmental Authority are incorporated herein
by reference. Copies of such provisions are obtainable from the Carrier
upon request or from the relevant Governmental Authority with whom the
tariffs have been filed. 
 
3. OTHER AGREEMENTS. This Bill of Lading, together with terms set forth
in Carrier's invoices and in Carrier's Application of Credit executed by
Merchant supersede all agreements or engagements for the shipment of the
Goods. All provisions of this Bill of Lading, whether written, typed,
stamped, or printed, are accepted and agreed by the Merchant and shall
be binding as fully as if signed by the Merchant, any local customs or
privileges to the contrary notwithstanding. Nothing in this Bill of
Lading shall operate to limit or deprive the Carrier of any statutory or
other protection or exemption from or limitation of liability. If
required by the Carrier, a signed original Bill of Lading duly endorsed
must be surrendered to the Carrier or its agent at the Port of Discharge
prior to the release of any Goods. 
 
4. WARRANTY. Merchant warrants that in agreeing to the terms hereof he
is, or is the agent of and has the authority of, the Person owning or
entitled to the possession of the Goods or any Person who has a present
or future interest in the Goods. 
 
5. CARRIER RESPONSIBILITY - GENERAL PROVISIONS. 
  5.1 If any portion of the Carriage is to or from the United States, or
if Law other than United States Law is not compulsorily applicable,
COGSA shall govern before loading and after discharge and during the
entire time between the time the Goods are received from and redelivered
to the Merchant, unless otherwise required by the Harter Act or by other
applicable United States Law. In any trade that does not involve any
carriage to or from the United States, the Hague Rules (or compulsorily
applicable national Law implementing the Hague Rules) shall govern
Carrier's liability, limits on liability, and exemptions for loss,
damage, or delay related to or in connection with the Goods, except
where the Hague-Visby Rules are compulsorily applicable Law, in which
case the Hague-Visby Rules shall govern such liability, limits on
liability, and exemptions, provided:
 
    5.1.1 Merchant acknowledges and agrees that the Carrier is a
non-vessel owning common carrier, that it does not own, lease, charter,
or operate Vessels or other modes of transportation, or engage in cargo
handling or storage, as a result of which Carrier will be required to
(and may, in its sole discretion) subcontract with Persons (at any
tier), to transport, handle or store cargo to accomplish all or part of
the Carriage. Merchant is bound by the limitations on, and exemptions
from, liability that are contained in the tariffs, bills of lading, and
other contracts by which such other Persons are engaged to perform all
or part of the Carriage. Such other Persons shall enjoy the benefit of
all of Carrier's rights and liberties with respect to the Goods and the
Carriage. The Merchant agrees that the Carrier shall be deemed to be a
beneficiary of the tariffs, bills of lading, and contracts of such other
Persons and of all limitations of, and exemptions from, liability
therein contained even though the Carrier acts as agent of the Merchant
in contracting with the actual Person for the Carriage of the Goods.
Under no circumstances shall the Carrier be responsible for any damages
to an extent greater than it can recover from the actual Person engaged
to perform all or part of the Carriage or any beneficiaries of its bill
of lading.
 
    5.1.2 Carrier shall be entitled to (and nothing in this Bill of
Lading shall operate to deprive or limit such entitlement) full benefit
of, and rights to, all limitations of and exclusions from liability and
all rights conferred or authorized by any applicable Law of any country
(including, where applicable, Chapter 305 of Title 46 of the United
States Code, and other relevant provisions of the United States Code)
and without prejudice to the generality of the foregoing also all Laws
available to the owner of the Vessels on which the Goods are carried.
 
  5.2 The Carrier undertakes to procure such services as necessary and
shall have the right at its sole discretion to select any modes of land,
sea, or air transport and to arrange participation by other Persons who
handle or store cargo, or provide other services, to accomplish the
total or any part of the Carriage between the Place of Receipt and the
Place of Delivery as shown on this Bill of Lading.
 
  5.3 In the event that it is proven that loss or damage occurred during
Carriage, but the stage of Carriage during which loss of or damage to
the Goods occurred cannot be proved, it will be irrebuttably presumed
that the loss or damage occurred while the Goods were on the Vessel, and
all obligations, rights, and immunities of Carrier and Merchant with
respect to such loss or damage shall be determined accordingly.
 
  5.4 The rights, defenses, exemptions, limitations of and exonerations
from liability, and immunities of whatsoever nature provided for in this
Bill of Lading shall apply in every action or proceeding against the
Carrier, its agents or servants, Participating Carriers, independent
contractors, or other Persons engaged to perform all or part of the
Carriage, whether in tort, contract, or otherwise.
 
  5.5 Services performed by Carrier as to Goods before their receipt by
or for Carrier at the Place of Receipt shown on this Bill of Lading or
after their delivery by or for Carrier at the Place of Delivery shown on
this Bill of Lading were or shall be performed solely as agent for the
Merchant, and Carrier shall have no responsibility or liability as a
Carrier for any acts or omissions of any Persons or loss of or damage or
delay to the Goods during such periods.
 
6. CARRIER RESPONSIBILITY - LIMITATIONS. 
  6.1 Package, Customary Freight Unit, or Shipping Unit Limitation. 
    6.1.1 Where COGSA applies to this Bill of Lading (whether by its own
force or by agreement), Carrier shall not be liable for loss or damage
in an amount exceeding US $500 lawful money of the United States per
package, or in case of Goods not shipped in packages, per Shipping Unit,
unless a higher declared value has been made and noted, and extra
Charges paid, in accordance with Clause 6(b) hereof.
    6.1.2 Where COGSA does not apply, but where the Hague Rules,
Hague-Visby Rules, or any legislation making such rules compulsorily
applicable to this Bill of Lading apply, Carrier shall not be liable for
loss or damage to or in connection with the Goods in an amount exceeding
the package or Shipping Unit limitation as laid down by such Rules or
legislation, unless a higher declared value has been made and noted, and
extra Charges paid, in accordance with Clause 6.2 hereof. If no
limitation amount is applicable under such Rules or legislation, the
limitation shall be US $500 lawful money of the United States per
Shipping Unit.
    6.1.3 Where neither COGSA, nor the Hague Rules, nor the Hague-Visby
Rules, nor any legislation applying such Rules is compulsorily
applicable, Carrier's liability shall not exceed US$500 per Shipping
Unit or US$2 per kilo of the gross weight of the Goods lost, damaged, or
in respect of which the claim arises, or the value of such Goods,
whichever is less.
    6.1.4 Where a lesser monetary limitation is applicable, such as
during handling by a Participating Carrier or independent contractor and
damage occurs during its or their period of care, custody, control,
and/or responsibility, the Carrier shall be entitled to avail itself of
such lesser limitation.
 
  6.2 Ad Valorem - Declared Value of Package or Shipping Unit. 
    6.2.1 To secure a due proportion between the charges it earns and
the amount for which it may be responsible in the event of loss or
damage to the Goods, Carrier has established its regular, lower rates
and charges based on the limited value of the Goods as agreed herein.
Carrier's liability may be increased to a higher value by a declaration
in writing of the value of the Goods by the shipper before delivery to
Carrier of the Goods for shipment, such higher value being inserted on
the front of this Bill of Lading in the space provided and, if required
by Carrier, extra freight, premiums, and other Charges paid. Unless the
Merchant so declares the value of the Goods and pays ad valorem charges,
the Merchant is deemed to have elected the regular, lower charges of
Carrier, and to have agreed that, for purposes of computing any
liability of Carrier, the limitations of liability set forth in Clause
6.1 hereof shall apply. In such case if the actual value of the Goods
shall exceed such declared value, the value shall nevertheless be deemed
to be the declared value and 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.
    6.2.2 The value of the Goods shall be determined according to the
commodity exchange price at the place and time of delivery to Merchant
or at the place and time when they should have been so delivered or if
there is no such price according to the current market price by
reference to the normal value of Goods of the same kind and quality, at
such place and time.
 
  6.3 Definition of Package or Shipping Unit. Where a Container is used
to consolidate Goods and such Container is Stuffed by Carrier, the
number of packages or Shipping Units stated on the face of this Bill of
Lading in the box provided shall be deemed the number of packages or
Shipping Units for the purpose of any limit of liability per package or
Shipping Unit provided in any applicable international convention or
national Law relating to the carriage of goods by sea. Except as
aforesaid the Container shall be considered the package or Shipping
Unit. As to Goods shipped in bulk the limitation applicable thereto
shall be the limitation provided in such Law which may be applicable and
in no event shall anything herein be construed to be a waiver of
limitation as to Goods shipped in bulk. 
 
  6.4 Valuables. The Carrier shall not be liable to any extent for any
loss or damage to or in connection with platinum, gold, silver, jewelry,
precious stones, precious metals, radioisotopes, precious chemicals,
bullion, specie, currency, negotiable instruments, securities, writings,
documents, pictures, embroideries, works of art, curios, heirlooms,
collections of every nature, or any other valuable Goods whatsoever,
including Goods having particular value only for the Merchant, unless
the true nature and value of the Goods have been declared in writing by
the Merchant before receipt of the Goods by the Carrier, and the same
inserted in this Bill of Lading and ad valorem freight has been prepaid
thereon. 
 
  6.5 Fire Exemption. Neither Carrier nor any Person controlled by or
under common control with Carrier shall be liable to answer for or make
good any loss or damage to Goods occurring at any time (including before
loading on or after discharge from the Vessel) by reason or by means of
any fire, wherever and howsoever occurring, unless such fire shall have
been caused by the actual fault or privity of the Carrier or such
Person, respectively. In any situation where such exemption from
liability may not be permitted by Law, neither Carrier nor such Person
shall be liable for any loss or damage by the fire unless caused by
negligence, including that imputed by the Law, of Carrier or Person,
respectively. 
 
  6.6 Third Party Custody of Goods. Any other provision hereof to the
contrary notwithstanding, Merchant agrees and acknowledges that 6.6.1
Carrier shall not be liable in any capacity whatsoever for any delay,
non-delivery, mis-delivery, loss, or damage to the Goods occurring while
the Goods are not in the actual possession of Carrier or of Carrier's
agents and 6.6.2 if Merchant directs that any Goods be moved from a
container yard to a facility or the premises of any other third-party,
and Goods are thereafter lost, stolen, or damaged, in whole or in part,
while under the care, custody, or control of such third party or by a
carrier that transports the Goods, Carrier shall have no liability for
any such loss or damage whatsoever. If Merchant asserts a claim for such
delay, non-delivery, mis-delivery, loss, damage, or any fault or
negligence, and Carrier is required to defend against a claim or pay any
claim related thereto, Merchant shall defend, indemnify and hold
harmless the Carrier with respect thereto. 
 
7. ROUTES AND DEVIATION; LIBERTIES. 
  7.1 Without notice to the Merchant, the Carrier has the liberty to
carry the Goods on or under deck and to choose or substitute the means,
route, and procedure to be followed in the handling, stowage, storage,
and transportation of the Goods, including deviations for purposes not
directly necessary for a prompt and direct accomplishment of the
Carriage. Carrier does not warrant any specific route, Vessel, method of
transport, or delivery date.
 
  7.2 In any situation whatsoever, whether or not existing or
anticipated before commencement of or during the transport of the Goods,
which in the judgment of the Carrier (or any other Person who carries,
handles, or stores or is to carry, handle, or store the Goods):
 
    7.2.1 has given or is likely to give rise to danger, injury, loss,
hindrance, risk, difficulty, delay, or disadvantage of whatsoever nature
to the Vessel, any vehicle or other means of transport, the Carrier, any
other Person, the Goods, or any other property;
    7.2.2 a Participating Carrier intended to be used for the Carriage
suspends service for all or part of the intended Carriage;
    7.2.3 the Carrier or the Carriage is adversely affected by a
circumstance described in Clause 7.4 hereof, or there is a reasonable
apprehension thereof;
    7.2.4 a vendor of Goods not supplied by the Carrier asserts a legal
right to recover, reclaim, or replevy such Goods;
    7.2.5 any Person constituting the Merchant files or becomes subject
to proceedings in bankruptcy, receivership, or insolvency, to an
assignment for the benefit of creditors, or any other similar proceeding
or transaction;
    7.2.6 Goods are seized by judicial or nonjudicial means, arrested,
executed against, detained, requisitioned, or acquired by a Governmental
Authority; or
    7.2.7 has rendered or is likely to render it in any way unsafe,
impracticable, unlawful, or against the interest of the Carrier or the
Merchant to commence or continue the Carriage or to discharge the Goods
at the intended port or place of discharge, or to transport the Goods by
the route or in the manner originally intended by the Carrier, the
Carrier at any time shall be entitled to do any or all of the following,
without prior notice to Merchant: terminate the Carriage; store the
Goods; transship or forward the Goods; divert the Goods; unpack Goods
from their Containers; and, in the exercise of its reasonable
discretion, dispose of the Goods in such way as the Carrier may deem
advisable, and, without limiting the foregoing:
    7.2.8 Carrier shall be entitled, before the Goods are loaded on the
Vessel or other mode of transport, to cancel this Bill of Lading without
incurring liability to the Merchant or any other Person for compensation
or damages, and to require the Merchant to take delivery of the Goods,
and upon Merchant's failure to do so, to store the Goods anywhere;
    7.2.9 if the Goods are at a place awaiting transshipment, Carrier
shall be entitled to terminate the Carriage there and to store the Goods
at any place selected by the Carrier, transship or forward the Goods to
an alternative destination, and, in the case of the circumstances set
forth in Clause 7.2.4 hereof, transship or forward the relevant Goods to
an alternative recipient designated by the relevant vendor;
    7.2.10 if the Goods are loaded on the Vessel or other mode of
transport, Carrier shall be entitled to discharge the Goods or any part
thereof at any port or place selected by the Carrier or to carry them
back to the Port of Loading or Place of Receipt and there discharge
them; and
    7.2.11 in the case of the circumstances set forth in Clause 7.4
hereof impose surcharges to cover all extra expenses (including extra
insurance premiums and cost of diversion).
 
All actions under Clauses 7.2.8, 7.2.9, 7.2.10, or7.2.11 above shall
constitute complete and final delivery and full performance of this Bill
of Lading, and the Carrier thereafter shall be freed from any
responsibility hereunder.
 
  7.3 If the Carrier makes arrangements to store, transship, or forward
the Goods, it shall do so solely as agent of and for and at the sole
risk and expense of the Merchant without any liability whatsoever in
respect of Carrier's acts or omissions as agent, and the Merchant shall
reimburse the Carrier forthwith all extra freight charges and other
extra expenses thereby incurred.
 
  7.4 The situations referred to in Clause 7.2.3 hereof shall include
those caused by: the existence or apprehension of war (declared or
undeclared), hostilities, warlike or belligerent acts or operations,
riots, civil commotions, or other disturbances; closure of, obstacles
in, or danger to any canal; blockade of port or place or prohibition of
or restriction to commerce or trading; embargo; piracy; quarantine,
sanitary, or other similar regulations or restrictions; strikes,
lockouts, or other labor troubles whether partial or general and whether
or not involving employees of the Carrier or its subcontractors;
congestion of port, dock, wharf, or any other place; shortage, absence,
or obstacles of labor or facilities for loading, discharge, delivery, or
other handling of the Goods; epidemics or diseases; Carrier making a
determination that the Goods cannot be safely or properly carried
further; or bad weather, shallow water, ice, landslip, or other
obstacles in navigation or haulage.
 
  7.5 The Carrier shall have liberty to comply with orders, directions,
regulations, recommendations, or suggestions as to departure, arrival,
route, ports of call, stoppage, loading, discharge, handling,
destination, reshipment, transshipment, deposit, or storage in any place
or places, delivery, surrender, quarantine, disposal, or otherwise,
howsoever given by any Governmental Authority or by any other Person
having, under the terms of any insurance on the Vessel or the Goods, the
right to give such order, directions, regulations, recommendations, or
suggestions.
 
  7.6 The liberties set out in this Clause 7 may be invoked for any
purpose whatsoever even if not connected with the Carriage covered by
this Bill of Lading, and any action taken or omitted to be taken, and
any delay arising therefrom, shall be deemed to be within the
contractual and contemplated Carriage and not be an unreasonable
deviation.
 
  7.7 Promptly after invoking, or becoming aware of any Person who
fulfills any part of the Carriage invoking, any liberties set out in
this Clause 7, Carrier shall give notice thereof to Merchant. All
additional freight and other Charges (including a reasonable recovery
for Carrier's personnel and internal expenses) that are incurred as a
result of any invocation of this Clause 7 shall be for the account of
Merchant, who shall promptly pay the same. Such Charges and amounts that
are incurred or recoverable hereunder in connection with a situation
with regard to the Goods and other property may be reasonably allocated
by Carrier between the Goods and such other property.
 
  7.8 Without limiting Merchant's other obligations under this Bill of
Lading, Merchant shall defend, indemnify, and hold harmless the Carrier
against all losses and liabilities suffered or incurred by the Carrier
as a result of the circumstances referred to in this Clause 7. 
 
8. MERCHANT'S RESPONSIBILITY. 
  8.1 The Particulars of the Goods set out on the face hereof and any
Particulars or other representation appearing on the Goods, Containers,
or other packages or documents relating thereto are furnished by the
Merchant, and the Merchant warrants to the Carrier the accuracy and
completeness of all such information including without limitation all
verified gross mass requirements under the SOLAS Rules.
 
  8.2 Merchant warrants that it has complied with all applicable Laws
and requirements of port and other authorities and shall bear and pay
all duties, taxes, fines, imposts, expenses, and  losses incurred or
suffered by reason thereof or by reason of any illegal, incorrect, or
insufficient marking, numbering, addressing, or any other Particulars of
the Goods.
 
  8.3 Merchant warrants that the Goods are packed in a manner adequate
to withstand the ordinary risks of carriage having regards to their
nature and in compliance with all applicable Laws.
 
  8.4 Merchant shall be liable for the loss, damage, contamination,
soiling, detention, or demurrage before, during, and after the Carriage
of property (including Containers) of Carrier or any Person or Vessel
that is caused by Merchant or any Person acting on Merchant's behalf or
for which Merchant is otherwise responsible.
 
  8.5 Payment of any amounts due hereunder to a forwarder, broker, or
any Person other than Carrier or its duly-authorized agent shall not be
deemed payment to Carrier and shall be made at the payer's risk. Unless
otherwise specifically agreed by Carrier, all amounts for which Merchant
is liable under this Bill of Lading are due upon demand. 
 
9. DANGEROUS GOODS, CONTRABAND. 
  9.1 Merchant warrants that the Goods are not, and shall not become, of
an explosive, inflammable, radioactive, corrosive, damaging, noxious,
hazardous, poisonous, injurious, or dangerous nature, and agrees that
such Goods shall be transported only upon the Carrier's acceptance
(granted or withheld in its sole discretion) of a prior written
application by shipper for the carriage of such Goods. Such application
must accurately state the nature, name, label, and classification of the
Goods, the method of rendering them innocuous, the full names and
addresses of the shipper and consignee, and all certificates and other
documents required by Law. Merchant shall not tender contraband for
shipment.
 
  9.2 The Merchant shall ensure that the nature of the Goods referred to
in the preceding paragraph is distinctly and permanently marked on the
outside of their packages and Containers and shall submit the documents
or certificates required by any applicable Laws or by the Carrier before
tendering the Goods for shipment.
 
  9.3 Whenever Goods are discovered to have been received by the Carrier
and the Merchant has not complied with Clauses 9.1 or 9.2 hereof, or the
Goods are found to be contraband or prohibited by any applicable Laws,
the Carrier shall be entitled to have such Goods rendered innocuous,
thrown overboard, discharged, or otherwise disposed of at the Carrier's
discretion without liability, and the Merchant shall be liable for and
shall indemnify the Carrier against all loss, damage, and liability,
including general average and loss of freight and other Charges, and any
other expenses directly or indirectly arising out of or resulting from
such Goods or any action by Carrier authorized herein with respect to
any Goods. 
 
10. CONTAINERS.
  10.1 Carrier shall not be liable for loss or damage to the Goods
Stuffed in Containers:
    10.1.1 caused by the manner in which the Container has been Stuffed;
    10.1.2 caused by the unsuitability of the Goods for carriage in
Containers;
    10.1.3 caused by the unsuitability or defective condition of the
Container; or
    10.1.4 if the Container is not sealed at the commencement of the
Carriage, except where Carrier has agreed to seal the Container.
 
  10.2 As to Containers Stuffed by Carrier, this Bill of Lading is prima
facie evidence of the receipt only of the number of packages, Shipping
Units, or Containers as shown on the face hereof. As to other
Containers, this Bill of Lading is conclusive evidence of such matters.
In all cases, the nature, order, and condition of the contents and any
Particulars are unknown to the Carrier, who has no responsibility in
respect thereof.
 
  10.3 If the Containers are delivered by the Carrier with seals intact,
such delivery shall be deemed as full and complete performance of the
Carrier's obligation hereunder and the Carrier shall not be liable for
any loss of or damage to the contents of the Containers except to the
extent that the Containers have been penetrated while in the custody of
Carrier under circumstances for which it is liable.
 
  10.4 Carrier shall be at liberty to open all Containers and inspect
the contents of the Containers without notice to the Merchant at such
times and places as the Carrier may deem appropriate, and all expenses
incurred therefrom shall be reimbursed to the Carrier or borne directly
by the Merchant. In case the seals of Containers are broken by
Governmental Authorities or other authorities for inspection of the
contents of the Containers, the Carrier shall not be liable for any
loss, damage, expenses, or any other consequences arising or resulting
therefrom.
 
10.5 Merchant shall return all Containers in the same order and
conditions as handed over to Merchant (normal wear and tear excepted),
with interiors clean, and prior to the accrual of any demurrage,
detention, or other delay charges. 
 
11. SPECIAL CONTAINERS. 
  11.1 Merchant warrants that it has not tendered for transportation any
Goods which require temperature, humidity, ventilation, or other control
without previously having made special arrangements with the Carrier in
writing, including for the payment of additional freight (and filling in
the appropriate box on the front of this Bill of Lading with respect to
their nature and particular temperature or other range to be
maintained). In the absence of such special arrangements, Carrier may
treat the Goods or Containers only as ordinary Goods or Containers,
respectively. In the case of temperature-, or humidity-, or
ventilation-controlled Containers Stuffed by or on behalf of Merchant,
Merchant further warrants that the Containers are and shall remain
throughout the Carriage in proper functioning order and have been
delivered to the Carrier at the proper internal temperature, humidity,
ventilation, or other control conditions, that the Goods have been
properly Stuffed in the Container, and that its controls have been
properly set by Merchant before receipt of the Goods by Carrier.
 
  11.2 Carrier shall not be liable for any loss of or damage to the
Goods arising from defects, derangement, breakdown, stoppage, or other
failure of the temperature, humidity, or ventilation controlling
machinery, plant, insulation, or any other apparatus of the Containers,
provided that Carrier shall maintain the settings of temperature-,
humidity-, ventilation-, or other controlled Containers as required in
Clause 11.3 hereof.
 
  11.3 If the Goods have been packed into temperature-, humidity-,
ventilation-, or other controlled Containers by the Carrier and the
particular temperature and humidity range requested by the Merchant is
inserted in the Bill of Lading, then Carrier will use due diligence to
set the controls within the requested ranges but does not guarantee the
maintenance of such temperature and humidity conditions inside the
Containers. The Carrier shall not be liable for any loss or damage
occasioned by temperature, humidity, defects or insufficiency in or
accidents to or explosion, breakdown, failure, or inoperability of any
refrigeration, heating, cooling, humidity control, ventilation, or other
control unit, including lack of fuel or power or interruption in fuel or
power supply for any reason, unless shown to have been caused by the
failure of the Carrier to exercise due diligence to properly operate
temperature-, humidity-, ventilation-, or other controlled Containers. 
 
12. STORAGE OF GENERAL CARGO. Goods may be stowed in poop, forecastle,
deck house, shelter deck, passenger space, or any other covered space
commonly used in the trade and suitable for the carriage of Goods, or on
deck as provided in Clause 13 hereof, and when so stowed shall be deemed
for all purposes to be stowed under deck. 
 
13. DECK CARGO, LIVE ANIMALS AND PLANTS, PERISHABLES. 
  13.1 The Carrier has the right to carry the Goods in Containers under
the deck or on deck, whether or not so stated herein.
 
  13.2 When the Goods are carried on deck, the Carrier shall not be
required to specially note, mark, or stamp any statement of on deck
stowage on the face hereof, any custom or usage to the contrary
notwithstanding. Carrier shall not be liable in any capacity whatsoever
for any nondelivery, misdelivery, delay, or loss of or damage to Goods
which are carried on deck and specially stated herein to be so carried,
whether or not caused by Carrier's negligence, the Vessel's
unseaworthiness, or other reasons.
 
13.3 The Carrier shall not be responsible for any accident, disease,
mortality, loss, injury, or damage to live animals, birds, reptiles,
fish, plants (including fruits and vegetables), or other perishable
Goods arising from any cause whatsoever. 
 
14. DELIVERY. 
  14.1 Without giving notice of either arrival or discharge, Carrier may
discharge the Goods direct as they come to hand, at or onto any dock,
wharf, craft, or place that the Carrier may select, and continuously,
Saturdays, Sundays, and holidays included, at all such hours by day or
night as the Carrier may determine no matter what the state of the
weather or custom or rule of the port may be. Delivery of the Goods
shall be received by the consignee directly from the ship's tackle as
the Goods come to hand in unloading or as soon as available if
discharged on Carrier's dock or wharf. The Carrier shall not be liable
in any respect whatsoever if temperature-, humidity-, ventilation-, or
other control facilities or equipment shall not be furnished during
loading or discharge or before loading or after discharge, including any
part of the time that the Goods are upon or at the dock, wharf, craft,
or other place of loading, discharge, or storage. All lighterage and use
of craft in loading or discharging shall be at the risk and expense of
the Merchant, and all Charges incurred thereby shall be paid by Merchant
in addition to freight. Landing and delivery charges and pier dues shall
be at the expense of the Merchant and shall be paid by Merchant in
addition to freight. If the Goods are not taken away by the proper
recipient by the expiration of the next working day after the Goods are
at Merchant's disposal, the Goods may, at Carrier's option and subject
to Carrier's lien, be placed in storage or be permitted to lie where
landed, but always at the expense and risk of the Merchant and Goods.
The responsibility of the 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 custody of customs or other
Governmental Authorities. The Carrier shall not be required to give any
notification of delivery or disposition of the Goods.
 
  14.2 In case the Goods received by Carrier are in Containers into
which the contents have been Stuffed by or on behalf of the Merchant,
the Carrier shall only be responsible for delivery of the total number
of Containers shown on the face hereof, and shall not be required to
unpack the Containers and deliver the contents thereof, in any manner;
provided, however, that upon the Merchant's demand in writing reaching
the Carrier at least three days prior to the scheduled date of arrival
of the Vessel at the Port of Discharge, and if the Carrier agrees in the
exercise of its sole discretion, Containers may be unpacked and the
contents thereof may be delivered by the Carrier to one or more
receivers in accordance with the written instructions, in which case if
the seal of the Containers is intact at the time of unpacking, all the
Carrier's obligations hereunder shall deemed to have been discharged and
the Carrier shall not be responsible for any loss or damage to the
contents arising or resulting from such delivery and the Merchant shall
be liable for an appropriate adjustment of the freight and additional
charges incurred. In case the Goods have been Stuffed into Containers by
the Carrier, the Carrier may unpack the Containers and deliver the
contents thereof and shall not be required to deliver the Goods in
Containers. Goods may be delivered to the Merchant in Containers, in
which case if the Containers are delivered by the Carrier with seals
intact, such delivery shall be deemed as full and complete performance
of the Carrier's obligations hereunder and the Carrier shall not be
responsible for any loss of or damage to the contents of the Containers.
Delivery as provided for in this paragraph shall be granted only when
arranged prior to Carrier's receipt of the Goods and if expressly
provided for herein. The Merchant desiring to avail itself of the
delivery as provided in this paragraph must give notice in writing to
the Carrier at the first port of call of the Vessel named in the option
at least 48 hours prior to the Vessel's arrival there, otherwise the
Goods shall be landed at any of the optional ports at the Carrier's
option and the Carrier's responsibility shall then cease.
 
  14.3 The Merchant warrants to the Carrier that the marks on the Goods,
packing, and Containers correspond to the marks shown on the Bill of
Lading and also in all respects comply with all the Laws in force at the
Port of Discharge and Place of Delivery and shall defend, indemnify, and
hold harmless the Carrier against all loss, damage, expenses, penalties,
and fines arising or resulting from incorrectness or incompleteness
thereof.
 
  14.4 Goods which cannot be identified as to marks and numbers, cargo
sweepings, liquid residue, and unclaimed Goods not otherwise accounted
for shall be allocated for the purpose of completing delivery to the
various Merchants and consignees of Goods of like character, in
proportion to any apparent shortage, loss of weight, or damage, and such
Goods or parts thereof shall be accepted as full and complete delivery.
 
  14.5 The term "apparent good order and condition" when used in this
Bill of Lading with respect to iron, steel, metal, or wood products does
not mean that such Goods, when received, were free of visible rust, mold
or moisture staining, chafing, and/or breakage, or when used with
reference to baled wood products or baled cotton does not mean that the
covers thereon were not torn or that the bands thereon were free of
visible rust or moisture. In any event Merchant acknowledges and agrees
that rust, oxidation, or condensation inside any Container is not
Carrier's responsibility, unless such condition arises out of Carrier's
failure to provide a seaworthy Container prior to loading. Prior to
Carrier's receipt of any Goods, Merchant may request in writing special
arrangements for Goods subject to any of the foregoing conditions, such
arrangements must be noted on this Bill of Lading, and Merchant shall
pay all special freight for such special arrangement. 
 
15. CHARGES. 
  15.1 Charges shall be deemed fully earned on receipt of the Goods by
Carrier and shall be paid and non-returnable in any event. At Carrier's
option, Charges may be calculated on the basis of the Particulars of the
Goods furnished by the Merchant who shall be deemed to have guaranteed
to the Carrier the accuracy of all Particulars of the Goods as furnished
by Merchant at the time of receipt of the Goods by the Carrier. In case
of any incorrect or incomplete including failure to furnish) declaration
of any of the Particulars of the Goods including without limitation all
verified gross mass requirements for the Goods as required under the
SOLAS Rules which shall remain the Merchant's sole responsibility, the
Merchant shall be liable for and bound to pay to the Carrier
     15.1.1 the balance of freight between the freight charged and that
which would have been due had the correct Particulars been given, plus
     15.1.2 (because of the difficulty in ascertaining Carrier's
additional damages) as and by way of liquidated and ascertained damages,
a sum equal to the correct freight and
     15.1.3 for any additional costs or delays incurred by Carrier
including detention, demurrage, additional re-weighing or verification
fees, and quayside rent charges. Carrier shall be entitled to production
of the commercial invoice for the Goods or true copy thereof and to
inspect, re-weigh, re-count, re-measure, and re-value the Goods, and if
any Particulars are found by Carrier to be incorrect, Merchant shall pay
Carrier the correct Charges (credit being given for the Charges already
charged) and the expenses incurred by Carrier in establishing the
correct Particulars.
 
  15.2 Full freight to the Port of Discharge or Place of Delivery named
herein shall be prepaid or shall be collected at destination. The
Carrier shall be entitled to all freight and other Charges due
hereunder, and to receive and retain it irrevocably under any
circumstances whatsoever, whether or not the Vessel or the Goods are
damaged or lost, or the Carriage is interrupted or abandoned. Full
freight shall be paid for damaged, destroyed, or unsound Goods.
 
  15.3 The payment of freight or other Charges shall be made in full, in
cash without any offset, recoupment, abatement, counterclaim, or
deduction. Where freight is payable at the Port of Discharge or Place of
Delivery, such freight and all other Charges shall be paid in the
currency named in this Bill of Lading or, at Carrier's option, in other
currency.
 
  15.4 Goods once received by the Carrier cannot be taken away or
disposed of by the Merchant or vendor of the Goods except upon the
Carrie's consent and against payment of full freight and compensation
for any loss sustained by the Carrier through such taking away or
disposal. If the Goods are not available when the Vessel is ready to
load, the Carrier is relieved of any obligation to load such Goods and
the Vessel may leave port without further notice, and dead freight shall
be paid by the Merchant.
 
  15.5 The Merchant shall be liable for, and indemnify the Carrier
against:        15.5.1 all dues, duties, imposts, taxes, and charges
including consular fees levied on the Goods;
    15.5.2 all fines and losses sustained or incurred by the Carrier in
connection with the Goods howsoever caused, including the Merchant's
failure to comply with Laws, including without limitation the SOLAS
Rules, or directions or recommendations of Governmental Authorities or
others in connection with the Goods, or Merchant's failure to procure
consular, health, or other certificates or other documentation to
accompany the Goods; and
    15.5.3 Carrier's expenses incurred due to the seizure of Goods by
judicial or nonjudicial means, or if the Goods are arrested, executed
against, detained, requisitioned, or acquired by a Governmental
Authority. The Merchant shall be liable for return freight and Charges
on the Goods refused exportation or importation by any Governmental
Authorities. If the Carrier is of the opinion that the Goods stand in
need of sorting, inspecting, cooperage, bailing, repackaging, mending,
repairing, or reconditioning or require other protection or care, the
Carrier may carry out such work at the expense of the Merchant and the
Goods. The Merchant authorizes the Carrier to incur and pay all such
Charges and expenses -14- and to do any matters mentioned above at the
expense of and as agents for the Merchant and to engage other Persons to
regain or seek to regain possession of the Goods and do all things
deemed advisable for the benefit of the Goods.
 
  15.6 All Persons constituting the Merchant shall be jointly and
severally liable to the Carrier for the payment of all Charges and for
the payment and performance of the obligations and indebtedness of each
of them hereunder. 
 
16. LIEN. The Carrier, its servants or agents shall have a lien on the
Goods and any documents related thereto and a right to sell the Goods
whether privately or by public auction for all Freight (including
additional Freight payable), primage, deadfreight, pre-Carriage and/or
inland Carriage
whatsoever, demurrage, Container demurrage and storage charges,
detention charges, salvage, general average contributions and all other
charges and expenses whatsoever which are for the account of the Goods
or of the Merchant and for the costs and expenses of exercising such
lien and of such sale and also for all previously unsatisfied debits
whatsoever due to him by the Merchant. The Carrier, its servants or
agents shall also have a lien on the Goods carried under this Bill of
Lading and any document relating thereto for all sums including Freights
and charges as above mentioned due and outstanding on any other
Contracts for the Carriage of Goods concluded between the Carrier, its
servants or agents and the Merchant, at any time where such sums or
Freights remains due and unpaid. If the goods are unclaimed during a
reasonable time, or whenever in the Carrier's opinion, the Goods are
likely to become deteriorated, decayed or worthless, the Carrier may, at
its discretion without responsibility whatsoever, auction, sell, abandon
or otherwise dispose of such Goods solely at the risk and expense of the
Merchant. Nothing in this Clause shall prevent the Carrier from
recovering from the Merchant the difference between the amount due to
him by the Merchant and the amount realised by the exercise of the
rights given to the Carrier under this Clause.
 
17. BOTH TO BLAME COLLISION. If the Vessel comes into collision with
another ship as a result of negligence of the other ship and any act,
neglect, or default of the master, mariners, pilot, or the servants of
the Vessel in the navigation or in the management of the Vessel, the
Merchant shall defend, indemnify, and hold harmless the Carrier against
all loss or liability to the other or non-carrying ship or her owners in
so far as much loss or liability represents loss of, or damage to, or
any claim whatsoever to the other or non-carrying ship or her 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 ship or ships or objects other than, or in
addition to, the colliding ships or objects are at fault in respect of a
collision or contact. 
 
18. GENERAL AVERAGE. Merchant shall defend, indemnify, and hold harmless
the Carrier in respect of all claims of a general average nature which
may be asserted against Carrier with respect to the Goods and prior to
delivery of any Goods shall provide such security (including cash
deposits) as may be required by the Carrier in this connection. 
 
19. NEW JASON CLAUSE. 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 consequences of which, the Carrier is not responsible by Law,
contract, or otherwise, the Merchant shall jointly and severally
contribute with the Participating Carrier in general average to the
payment of any sacrifices, loss, 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. Merchant shall pay its contribution to
general average even when such average is the result of fault, neglect,
or error of the master, pilot, or crew. Merchant expressly renounces all
Laws which might otherwise apply. 
 
20. HIMALAYA CLAUSE. Merchant undertakes that no claim or allegation
shall be made against any Person or Vessel whatsoever other than
Carrier, including the Carrier's servants or agents, any independent
contractors (at any time) and their servants or agents, Participating
Carriers, and all others by whom the whole or any part of the Carriage,
whether directly or indirectly, is procured, performed, or undertaken,
which imposes or attempts to impose upon any such Person or Vessel any
liability whatsoever in connection with the Goods or the Carriage, and
if any claim or allegation should nevertheless be made, to defend,
indemnify, and hold harmless Carrier against all consequences thereof.
Without limiting the foregoing, every such Person and Vessel shall have
the benefit of all provisions herein benefiting the Carrier as if such
provisions were expressly for its benefit. It is understood and agreed
that if it should be adjudged that any Person other than or in addition
to the Carrier is under any responsibility with respect to the Goods or
any other goods, regardless of the port or place where any loss or
damage shall occur and without regard to whether the Goods covered
hereby or any other goods are being handled or are damaged directly or
indirectly during any handling, all exemptions, limitations of, and
exonerations from liability provided by Law or by the terms and
conditions hereof shall be available to all agents, servants, employees,
representatives, Participating Carriers (including road, rail, water and
air carriers), stevedores, terminal operators, warehousemen, crane
operators, watchmen, carpenters, ship cleaners, surveyors, and
independent contractors (at each tier) inclusive of all Persons
providing any service whatsoever, regardless for whom acting or by whom
retained and paid, it being always understood that such Persons and
Vessels are not entitled to any greater or further exemptions,
limitations of, or exonerations from liability than those that the
Carrier has under this Bill of Lading in any given situation. The
Merchant shall defend, indemnify, and hold harmless the Carrier against
all claims which may be made upon the Carrier by any Participating
Carrier, servant, agent, or subcontractor of the Carrier (at any tier)
in relation to the claim against any such Person made by the Merchant.
 
21. LEGAL COMPLIANCE. The Merchant represents and warrants that it and
the Goods are in compliance with all applicable Laws and regulations,
including anti-corruption, export control, and anti-terrorism Laws,
including the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act,
the International Traffic in Arms Regulations administered by the U.S.
State Department's Directorate of Defense Trade Controls, U.S. Export
Administration Regulations administered by the U.S. Commerce
Department's Bureau of Industry and Security, the U.S. Anti-Boycott
regulations, and the various U.S. economic sanctions programs
administered by the U.S. Treasury Department's Office of Foreign Assets
Control, and that the information that Merchant provided to Carrier in
connection with Merchant's compliance with all such applicable Laws is
true and complete. The Merchant shall also comply with all applicable
Laws of any other country to, from, through, or over which the Goods may
be carried, including all applicable Laws relating to the packing, SOLAS
Rules relating to the verified gross mass of containers, carriage, or
delivery of the Goods. Merchant represents and warrants that the export
jurisdiction and classification of the Goods is correct and that it
shall immediately notify Carrier in writing of any changes to such
information. Pursuant to the foregoing, Merchant shall furnish such
information and attach documents to this Bill of Lading as may be
necessary to comply with all applicable Laws. Merchant shall indemnify
and hold Carrier harmless against any and all claims, losses, or damages
arising from the conduct of Merchant or any of its officers, directors,
employees, agents, owners, shareholders, or other Persons acting for or
with Merchant that constitutes a violation of Merchant's obligations,
representations, and warranties contained herein. 
 
22. U.S. SECURITY. If the Vessel calls in the United States, including
any United States territory, the following provisions shall apply with
respect to applicable Law or measures: 
  22.1 Each delay suffered or time lost in obtaining the entry and exit
clearances from the relevant Governmental Authorities shall be counted
as time of detention.
 
  22.2 All expenses or additional fees related to any of the Goods, even
if levied against the Vessel, that arise out of security measures
imposed at the loading or discharging port shall be for the Merchant's
account. 
 
23. LIMITATION OF LIABILITY. All claims for which the Carrier may be
liable shall be adjusted and settled on the basis of Merchant's net
invoice cost, plus freight and cargo insurance premium, if paid. In no
event shall the Carrier be liable for any indirect, incidental, delay,
consequential, punitive, statutory or special damages, including lost
profits, income or opportunity, whatsoever and howsoever caused, even if
Carrier is on notice of the possibility of such damages or for the acts
or omissions of any other person. These limitations and exclusions are
effective even if they cause any permitted remedy to fail of its
essential purpose. Carrier does not undertake that the Goods shall
arrive at any particular time or meet any particular market or use.
Without prejudice to the foregoing, if Carrier is found liable for
delay, liability shall be limited to the freight charges applicable to
the relevant stage of the Carriage. 
 
24. INDEMNITY. Without limiting Merchant's other indemnity obligations
under this Bill of Lading, Merchant agrees to indemnify and hold
harmless the Carrier from and against all charges, claims, damages,
liabilities, costs, expenses, or other payments or losses (including
purchase price, freight, storage, demurrage, detention, duties, taxes,
fines, penalties, consequential or exemplary damages, or other money,
and including the Carrier's litigation expenses and reasonable
attorneys' fees) incurred by the Carrier in connection with or arising
from any one or more of:
  24.1 any breach of any representation, warranty, indemnity, or
covenant by Merchant, including any failure of the Merchant to pay or
perform its obligations to the Carrier or to any third party (including
any carrier, vendor, vendee, holder of this Bill of Lading, Governmental
Authority, or other Person);
 
  24.2 any other claim by any such third party;
 
  24.3 all claims and liabilities and all expenses arising from the
Carriage insofar as such claim or liability exceeds Carrier's liability
under this Bill of Lading;
 
  24.4 breach of the applicable tariff or this Bill of Lading by
Merchant; and
 
  24.5 the negligence, gross negligence, willful misconduct, or unlawful
acts or omissions of Merchant. The confiscation or detention of the
Goods or other property by any third party shall not affect or diminish
the Merchant's liability to the Carrier to pay all charges or other
money due promptly upon demand. All obligations of the Merchant in this
Bill of Lading to indemnify Carrier are deemed to include the
obligations to defend and to hold harmless. Throughout this Bill of
Lading, where the Merchant is stated to have an obligation to defend,
indemnify, and hold harmless the Carrier, the Carrier may tender defense
of the matter to the Merchant, or may select counsel of Carrier's
choosing, giving notice of the selection to the shipper and any known
holder of this Bill of Lading, and defend the matter, and the Merchant
shall timely pay all expenses incurred thereby, including attorneys'
fees and all other reasonable costs and expenses related thereto. 
 
25. NOTICE OF CLAIM AND TIME FOR SUIT. Unless notice of loss or damage
and the general nature of such loss or damage is given in writing to the
Carrier at the Port of Discharge or Place of Delivery, or at the
Carrier's address shown on the Bill of Lading, before or at the time of
delivery of the Goods or, if the loss or damage is not readily apparent,
within three days after delivery, the Goods shall be deemed to have been
delivered as described in the Bill of Lading. In any event the Carrier
shall be discharged from all liability, including liability in respect
of non-delivery, misdelivery, delay, loss, damage, or any fault or
negligence, unless suit is filed against the Carrier within one year
after the earlier of delivery or release of the Goods or the date when
the Goods should have been delivered or released. 
 
26. FORCE MAJEURE. Carrier is not liable for loss, damage, expense,
delay, or nonperformance resulting in whole or in part from
circumstances beyond the control of Carrier, including without
limitation:
  26.1 acts of God, including flood, earthquake, storm, hurricane, power
failure or other natural disaster;
  26.2 war, hijacking, robbery, theft or terrorist activities;
  26.3 incidents or deteriorations to means of transportation,
  26.4 embargoes, 26.5 civil commotions or riots, 26.6 
defects, nature or inherent vice of the goods; 26.7 acts, breaches of
contract or omissions by a Merchant or anyone else who may have an
interest in the goods, 26.8 acts by any Governmental Authority,
including denial or cancellation of any import, export or other
necessary license; or 26.9 strikes, lockouts, slowdowns or other labor
conflicts.

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