RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 16DEC2014

Effective 16DEC2014
Filed 16DEC2014
Filing Codes IC

All cargo transported under the rates, charges, terms and
conditions named in this Tariff and in Tariffs subject to
this Tariff shall be held, carried and delivered SUBJECT to
the provisions of Carrier's applicable Long Form B\L, the
terms and conditions of which are shown below.
     
a. When issued, all B/Ls MUST show the name and address of
   both the Shipper/Consignor and the Consignee; the total
   weight and total measurement of each piece, package or
   unit of cargo in the shipment, except in the case of FCL
   shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned
   "TO ORDER," the name and address of the party to be
   notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L,
   properly endorsed, be surrendered to the Carrier before
   delivery is accomplished, MUST secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form 
   B/L are as follows:
     
(1) CLAUSE PARAMOUNT: 
   All carriage under this Bill of Lading to or from the United
States shall have effect subject to the provisions of the Carriage of
Goods by Sea Act of the United States, 46 U.S.C. sections 1300-1315
(hereafter, "COGSA"). All carriage to and from other States shall be
governed by the law of any state making the Hague Rules or
Hague-Visby Rules compulsorily applicable to this Bill of Lading or
if there be no such law, in accordance with the Hague Rules. The
provisions of applicable law as set forth above shall apply to
carriage of goods by inland waterways and reference to carriage by
sea in such Rules or legislation shall be deemed to include reference
to inland waterways. Except as may be otherwise specifically provided
herein, said law shall govern before the goods are loaded on and
after they are discharged from the vessel whether the goods are
carried on deck or under deck and throughout the entire time the
goods are in the custody of the carrier. 
    
(2) DEFINITIONS:
   2.1 "Ship" means the vessel named in this Bill of Lading, or
any conveyance owned, chartered, towed or operated by Carrier or used
by Carrier for the performance of this contract.
    
   2.2 "Carrier" means Cars USA Shipping, LLC, on whose behalf
this Bill of Lading has been signed.
    
   2.3 "Merchant" includes the Shipper, the Receiver, the
Consignor, the Consignee, the Holder of this Bill of Lading and any
person having a present or future interest in the Goods or any person
acting on behalf of any of the above-mentioned persons.
    
   2.4 "Package" is the largest individual unit of partially or
completely covered or contained cargo made up by or for the Shipper
which is delivered and entrusted to Carrier, including palletized
units and each container stuffed and sealed by the Shipper or on its
behalf, although the Shipper may have furnished a description of the
contents of such sealed container on this bill of lading.
    
   2.5 "Container" includes any container, trailer,
transportable tank, lift van, flat, pallet, or any similar article of
transport used to consolidate goods. 
    
   2.6 "Carrier's container or carrier's equipment" includes
containers or equipment owned, leased or used by Carrier in the
transportation of Merchant's goods.
    
   2.7 "Goods" mean the cargo described on the face of this Bill
of Lading and, if the cargo is packed into container(s) supplied or
furnished by or on behalf of the Merchant, include the container(s)
as well.
    
(3) SUBCONTRACTING:
  Carrier shall be entitled to subcontract directly or
indirectly on any terms the whole or any part of the handling,
storage, or carriage of the goods and all duties undertaken by
Carrier in relation to the goods. Every servant, agent, subcontractor
(including sub-subcontractors), or other person whose services have
been used to perform this contract shall be entitled to the rights,
exemptions from, or limitations of, liability, defenses and
immunities set forth herein. For these purposes, Carrier shall be
deemed to be acting as agent or trustee for such servants, agents,
subcontractors, or other persons who shall be deemed to be parties to
this contract.
    
(4) ROUTE OF TRANSPORT:
  Carrier is entitled to perform the transport in any
reasonable manner and by any reasonable means, methods and routes.
The Ship shall have the liberty, either with or without the goods on
board, to at any time, adjust navigational instruments, make trial
trips, dry dock, go to repair yards, shift berths, take in fuel or
stores, embark or disembark any persons, carry contraband and
hazardous goods, sail with or without pilots and save or attempt to
save life or property. Delays resulting from such activities shall
not be deemed a deviation. 
    
(5) HINDRANCES AFFECTING PERFORMANCE:
   5.1 Carrier shall use reasonable endeavors to complete transport and
to deliver the goods at the place designated for delivery.
    
   5.2 If at any time the performance of this contract as
evidenced by this Bill of Lading in the opinion of Carrier is or will
be affected by any hindrance, risk, delay, injury, difficulty or
disadvantage of any kind, including strike, and if by virtue of the
above it has rendered or is likely to render it in any way unsafe,
impracticable, unlawful, or against the interest of Carrier to
complete the performance of the contract, Carrier, whether or not the
transport is commenced, may without notice to Merchant elect to: (a)
treat the performance of this contract as terminated and place the
goods at Merchant's disposal at any place Carrier shall deem safe and
convenient, or (b) deliver the goods at the place of delivery.
In any event, Carrier shall be entitled to, and Merchant shall pay,
full freight for any goods received for transportation and additional
compensation for extra costs and expenses resulting from the
circumstances referred to above.
    
   5.3 If, after storage, discharge, or any actions according to
sub-part 5.2 above Carrier makes arrangements to store and/or forward
the goods, it is agreed that he shall do so only as agent for and at
the sole risk and expense of Merchant without any liability
whatsoever in respect of such agency. 
    
   5.4 Carrier, in addition to all other liberties provided for
in this Article, shall have liberty to comply with orders,
directions, regulations or suggestions as to navigation or the
carriage or handling of the goods or the ship howsoever given, by any
actual or purported government or public authority, or by any
committee or person having under the terms of any insurance on the
Ship, the right to give such order, direction, regulation, or
suggestion. If by reason of and/or in compliance with any such order,
direction, regulation, or suggestions, anything is done or is not
done the same shall be deemed to be included within the contract of
carriage and shall not be a deviation.
    
(6) BASIC LIABILITY:
   6.1 Carrier shall be liable for loss of or damage to the
goods occurring between the time when it takes goods into its custody
and the time of delivery but shall not be liable for any
consequential or special damages arising from such loss or damage.
    
   6.2 If it is established that the loss of or damage to the
goods occurred during sea carriage or during carriage by land in the
United States, liability shall be governed by the legal rules
applicable as provided in Section 1 of this Bill of Lading.
    
   6.3 Notwithstanding Section 1 of this Bill of Lading, if the
loss or damage occurred outside of the United States not during sea
carriage and it can be proved where the loss or damage occurred, the
liability of Carrier in respect of such loss or damage shall be
determined by the provisions contained in any international
convention or national law, which provisions:
 cannot be departed from by private contract to the detriment of
  Merchant, and 
 would have applied if Merchant had made a separate and direct
  contract with Carrier in respect of the particular stage of transport
  where the loss or damage occurred and received as evidence thereof
  any particular document which must be issued in order to make such
  international convention or national law applicable.
    
    6.4 If it cannot be determined when the loss of or damage to
the goods occurred, liability shall be governed as provided in
Section 6.2 above.
    
    6.5 Carrier does not undertake that the goods shall be delivered
at any particular time or for any particular market and shall not be
liable for any direct or indirect losses caused by any delay.
    
    6.6 Carrier shall not be liable for any loss or damage arising from:
      (a) an act or omission of Merchant or person other than Carrier
acting on behalf of Merchant from whom Carrier took the goods in charge,
    
      (b) compliance with the instructions of any person authorized to
give them,
    
      (c) handling, loading, stowage or unloading of the
goods by or on behalf of Merchant,
    
      (d) inherent vice of the goods or concealed damage to
or shortage of goods packed by Merchant,
    
      (e) lack or insufficiency of or defective condition
of packing in the case of goods, which by their nature are liable to
wastage or damage when not packed or when not properly packed,
    
      (f) insufficiency or inadequacy of marks or numbers
on the goods, coverings or unit loads,
    
      (g) fire, unless caused by actual fault or privity of Carrier,
    
      (h) any cause or event which Carrier could not avoid and the
consequences of which he could not prevent by the exercise of due
diligence.
    
   6.7 When Carrier pays claims to Merchant, Carrier shall
automatically be subrogated to all rights of Merchant against all
others, including Inland Carriers, on account of the losses or
damages for which such claims are paid.
   
   6.8 The defenses and limits of liability provided for in this Bill
of Lading shall apply in any action or claim against Carrier relating
to the goods, or the receipt, transportation, storage or delivery
thereof, whether the action be founded in contract, tort or
otherwise.
    
(7) COMPENSATION FOR LOSS AND DAMAGE: 
   7.1 Unless otherwise mandated by compulsorily applicable law,
Carrier's liability for compensation for loss of or damage to goods
shall in no case exceed the amount of US$500 per package or per
customary freight unit, unless Merchant, with the consent of Carrier,
has declared a higher value for the goods in the space provided on
the front of this Bill of Lading and paid extra freight per Carrier's
tariff, in which case such higher value shall be the limit of
Carrier's liability. Any partial loss or damage shall be adjusted pro
rata on the basis of such declared value. Where a container is
stuffed by Shipper or on its behalf, and the container is sealed when
received by Carrier for shipment, Carrier's liability will be limited
to US$500 with respect to the contents of each such container, except
when the Shipper declares the value on the face hereof and pays
additional charges on such declared value as stated in Carrier's
tariff. The freight charged on sealed containers when no higher
valuation is declared by the Shipper is based on a value of US$500
per container. However, Carrier shall not, in any case, be liable for
an amount greater than the actual loss to the person entitled to make
the claim. Carrier shall have the option of replacing lost goods or
repairing damaged goods.
    
   7.2 In any case where Carrier's liability for compensation
may exceed the amounts set forth in Section 7.1 above, compensation
shall be calculated by reference to the value of the goods, according
to their current market price, at the time and place they are
delivered, or should have been delivered, in accordance with this
contract. 
    
   7.3 If the value of the goods is less than US$500 per package
or per customary freight unit, their value for compensation purposes
shall be deemed to be the invoice value, plus freight and insurance,
if paid.
    
   7.4 Carrier shall not be liable to any extent for any loss of
or damage to or in connection with precious metals, stones, or
chemicals, jewelry, currency, negotiable instruments, securities,
writings, documents, works of art, curios, heirlooms, or any other
valuable goods, including goods having particular value only for
Merchant, unless the true nature and value of the goods have been
declared in writing by Merchant before receipt of the goods by the
Carrier or Inland Carrier, the same is inserted on the face of this
Bill of Lading and additional freight has been paid as required.
    
   7.5 Carrier will not arrange for insurance on the goods
except upon express instructions from the Consignor and then only at
Consignor?s expense and presentation of a declaration of value for
insurance purposes prior to shipment.
    
(8) DESCRIPTION OF GOODS AND INFORMATION FOR U.S. CUSTOMS:
  Carrier is responsible for transmitting information to U.S.
Customs and Border Protection prior to lading of the Goods including,
without limitation, precise commodity descriptions, numbers and
quantities of the lowest external packaging unit, the shipper?s
complete name and address, the consignee?s or the owner?s or owner?s
representative?s complete name and address, hazardous materials
codes, and container seal numbers. For this, and other purposes,
Carrier relies on information provided by Merchant in a timely
fashion. Merchant warrants to Carrier that all particulars of the
goods, including, without limitation, the precise descriptions,
marks, number, quantity, weight, seal numbers, identities of shipper
and consignee and hazardous materials codes furnished by Merchant are
correct and Merchant shall indemnify Carrier against all claims,
penalties, losses or damages arising from any inaccuracy. 
    
(9) CARRIER'S CONTAINERS:
  If goods are not received by Carrier already in containers,
Carrier may pack them in any type container. Merchant shall be liable
to Carrier for damage to Carrier's containers or equipment if such
damage occurs while such equipment is in control of Merchant or his
agents. Merchant indemnifies Carrier for any damage or injury to
persons or property caused by Carrier's containers or equipment
during handling by or when in possession or control of Merchant.
    
(10) CONTAINER PACKED BY MERCHANT:
   If Carrier receives the goods already packed into containers:
    10.1. This Bill of Lading is prima facie evidence of the
receipt of the particular number of containers set forth, and that
number only. Carrier accepts no responsibility with respect to the
order and condition of the contents of the containers;
    
    10.2. Merchant warrants that the stowage and seals of the
containers are safe and proper and suitable for handling and carriage
and indemnifies Carrier for any injury, loss or damage caused by
breach of this warranty;
    
   10.3. Delivery shall be deemed as full and complete
performance when the containers are delivered by Carrier with the
seals intact; and
    
   10.4. Carrier has the right but not the obligation to open
and inspect the containers at any time without notice to Merchant,
and expenses resulting from such inspections shall be borne by
Merchant; and
    
   10.5. Merchant shall inspect containers before stuffing them
and the use of the containers shall be prima facie evidence of their
being sound and suitable for use.
    
(11) DANGEROUS GOODS: 
   11.1 Merchant may not tender goods of a dangerous nature
without written application to Carrier and Carrier's acceptance of
the same. In the application, Merchant must identify the nature of
the goods with reasonable specificity as well as the names and
addresses of the shippers and consignees.
    
   11.2 Merchant shall distinctly and permanently mark the nature
of the goods on the outside of the package and container in a form
and manner as required by law and shall submit to Carrier or to the
appropriate authorities all necessary documents required by law or by
Carrier for the transportation of such goods.
    
   11.3 If the goods subsequently, in the judgment of Carrier,
become a danger to Carrier, the Ship, or other cargo, Carrier may
dispose of the goods without compensation to Merchant and Merchant
shall indemnify Carrier for any loss or expenses arising from such
action.
    
(12) DECK CARGO: 
  Carrier has the right to carry the goods in any container
under deck or on deck. Carrier is not required to note "on deck
stowage" on the face of this Bill of Lading and goods so carried
shall constitute under deck stowage for all purposes including
General Average. Except as otherwise provided by any law applicable
to this contract, if this Bill of Lading states that the cargo is
stowed on deck, then Carrier shall not be liable for any
non-delivery, misdelivery, delay or loss to goods carried on deck,
whether or not caused by Carrier's negligence or the ship's
unseaworthiness.
    
(13) HEAVY LIFT:
       13.1 Single packages with a weight exceeding 2,240 pounds
gross not presented to Carrier in enclosed containers must be
declared in writing by Merchant before receipt of the packages by
Carrier. The weight of such packages must be clearly and durably
marked on the outside of the package in letters and figures not less
than two inches high.
    
   13.2 If Merchant fails to comply with the above provisions,
Carrier shall not be liable for any loss of or damage to the goods,
persons or property, and Merchant shall be liable for any loss of or
damage to persons or property resulting from such failure and
Merchant shall indemnify Carrier against any loss or liability
suffered or incurred by Carrier as a result of such failure.
    
   13.3 Merchant agrees to comply with all laws or regulations
concerning overweight containers and Merchant shall indemnify Carrier
against any loss or liability suffered or incurred by Carrier as a
result of Merchant's failure to comply with such laws or regulations.
    
(14) DELIVERY:
  Carrier shall have the right to deliver the goods at any time
at any place designated by Carrier within the commercial or
geographic limits of the port of discharge or place of delivery shown
in this Bill of Lading. Carrier's responsibility shall cease when
delivery has been made to Merchant, any person authorized by Merchant
to receive the goods, or in any manner or to any other person in
accordance with the custom and usage of the port of discharge or
place of delivery. If goods should remain in Carrier's custody after
discharge from the ship and possession is not taken by Merchant,
after notice, within the time allowed in Carrier's applicable tariff,
the goods may be considered to have been delivered to Merchant or
abandoned at Carrier's option, and may be disposed of or stored at
Merchant's expense.
    
(15) NOTICE OF CLAIM: 
  Written notice of claims for loss of or damage to goods
occurring or presumed to have occurred while in the custody of
Carrier must be given to Carrier at the port of discharge before or
at the time of removal of the goods by one entitled to delivery. If
such notice is not provided, removal shall be prima facie evidence of
delivery by Carrier. If such loss or damage is not apparent, Carrier
must be given written notice within 3 days of the delivery.
    
(16) FREIGHT AND CHARGES: 
   16.1 Freight may be calculated on the basis of the particulars
of the goods furnished by Merchant, who shall be deemed to have
guaranteed to Carrier the accuracy of the contents, weight, measure,
or value as furnished by him at the time of receipt of the goods by
the Carrier or Inland Carrier, but Carrier for the purpose of
ascertaining the actual particulars may at any time and at the risk
and expense of Merchant open the container or package and examine
contents, weight, measure, and value of the goods. In case of
incorrect declaration of the contents, weight, measure and or value
of the goods, Merchant shall be liable for and bound to pay to
Carrier: (a) the balance of freight between the freight charged and
that which would have been due had the correct details been given,
plus (b) expenses incurred in determining the correct details, plus
(c) as liquidated and ascertained damages, an additional sum equal to
the correct freight. Quotations as to fees, rates of duty, freight
charges, insurance premiums or other charges given by Carrier to
Merchant are for informational purposes only and are subject to
change without notice and shall not under any circumstances be
binding upon Carrier unless Carrier in writing specifically
undertakes the handling of transportation of the shipment at a
specific rate and that rate is filed in Carrier?s tariff.
    
   16.2 Freight shall be deemed earned on receipt of goods by
Carrier, the goods lost or not lost, whether the freight is intended
to be prepaid or collected at destination. Payment shall be in full
and in cash without any offset, counterclaim, or deduction, in the
currency named in this Bill of Lading, or another currency at
Carrier's option. Interest at 1% per month shall run from the date
when freight and charges are due. Payment of freight charges to a
freight forwarder, broker or anyone other than directly to Carrier
shall not be deemed payment to the Carrier. Merchant shall remain
liable for all charges hereunder notwithstanding any extension of
credit to the freight forwarder or broker by Carrier. Full freight
shall be paid on damaged or unsound goods. 
    
   16.3 Merchant shall be liable for all dues, fees, duties,
fines, taxes and charges, including consular fees, levied on the
goods. Merchant shall be liable for return freight and charges on the
goods if they are refused export or import by any government.
Merchant shall be liable for all demurrage or detention charges
imposed on the goods or their containers by third parties.
    
   16.4 The Shipper, consignee, holder hereof, and owner of the
goods, and their principals, shall be jointly and severally liable to
Carrier for the payment of all freight and charges, including
advances and shall, in any referral for collection or action for
monies due to Carrier, upon recovery by Carrier, pay the expenses of
collection and litigation, including reasonable attorneys' fees. This
provision shall apply regardless of whether the front of this bill of
lading has been marked "prepaid" or "freight prepaid" so long as
freight and charges remain unpaid. 
    
   16.5 The Shipper, consignee, holder hereof, and owner of the
goods, and their principals, shall jointly and severally indemnify
Carrier for all claims, fines, penalties, damages, costs and other
amounts which may be incurred or imposed upon Carrier by reason of
any breach of any of the provisions of this Bill of Lading or of any
statutory or regulatory requirements.
    
(17) LIEN: 
  Carrier shall have a general lien on any and all property (and
documents relating thereto) of Merchant in its possession, custody or
control or en route, for all claims for charges, expenses or advances
incurred by Carrier in connection with this shipment, or any previous
shipment, of Merchant, or both, and if such claim remains unsatisfied
for 30 days after demand for its payment is made, Carrier may sell at
public auction or private sale, upon 10 days written notice,
registered mail to Merchant, the goods, wares and/or merchandise or
so much as may be necessary to satisfy such lien and the costs of
recovery, and apply the net proceeds of such sale to the payment of
the amount due Carrier. Any surplus from such sale shall be
transmitted to Merchant, and Merchant shall be liable for any
deficiency in the sale.
    
(18) TIME BAR:
  Carrier shall be discharged from all liability for loss of or
damage to goods unless suit is brought within one (1) year after
delivery of the goods or the date when the goods should have been
delivered. Suit shall not be deemed brought against Carrier until
jurisdiction shall have been obtained over Carrier by service of
summons. The time bar for overcharge claims shall be [insert time
period] months.
    
(19) JURISDICTION:
  The courts of the United States shall have exclusive jurisdiction
over any dispute arising from the carriage evidenced by this Bill of
Lading. Merchant and Carrier each hereby agree to the personal
jurisdiction of the forum having jurisdiction over their disputes
under this clause.  Except as otherwise provided in this Bill of
Lading, the laws of the State of California shall apply.
    
(20) GENERAL AVERAGE: 
   20.1 General Average shall be adjusted at New York, or any
other port at Carrier's option, according to the York-Antwerp Rules
of 1994. The General Average statement shall be prepared by adjusters
appointed by Carrier. 
    
   20.2 In the event of accident, damage, danger or disaster
after commencement of the voyage resulting from any cause whatsoever,
whether due to negligence or not, for the consequence of which
Carrier is not responsible by statute, contract or otherwise,
Merchant shall contribute with Carrier in General Average to the
payment of any sacrifice, loss or expense of a General Average nature
that may be made or incurred, and shall pay salvage or special
charges incurred in respect of the goods. If a salving vessel is
owned or operated by Carrier, salvage shall be paid for as fully as
if the salving vessel or vessels belonged to strangers.
    
(21) BOTH-TO-BLAME COLLISION CLAUSE: 
  If the ship comes into collision with another vessel as a
result of negligence of the other vessel and any negligence or fault
on the part of Carrier or its servants or subcontractors, Merchant
shall indemnify Carrier against all loss or liability to the other or
non-carrying vessel or her owners, insofar as such loss or liability
represents loss of, or damage to, or any claim whatsoever of Merchant
paid or payable by the other or non-carrying vessel or her owners to
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 ship or her owner. This provision shall apply as well 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 with respect to a collision or contact.
    
(22) CARRIERS' TARIFFS:
  The goods carried under this Bill of Lading are also subject
to all the terms and conditions of tariff(s) published pursuant to
the regulations of the United States Federal Maritime Commission or
any other regulatory agency which governs a particular portion of the
carriage and the terms are incorporated herein as part of the terms
and conditions of this Bill of Lading. Copies of Carriers' tariffs
may be obtained from Carrier or its agents or from Carriers?
web-site, the address of which is set forth on the U.S. Federal
Maritime Commission?s web-site at www.fmc.gov. Carrier may enter into
Negotiated Rate Arrangements with Merchant in lieu of publishing the
applicable rates and charges for services provided in its rate
tariff.
    
(23) PERISHABLE CARGO:
   23.1 Goods of a perishable nature shall be carried in ordinary
containers without special protection, services or other measures
unless there is noted on the reverse side of this Bill of Lading that
the goods will be carried in a refrigerated, heated, electrically
ventilated or otherwise specially equipped container or are to
receive special attention in any way. Carrier shall not be liable for
any loss of or damage to goods in a special hold or container arising
from latent defects, breakdown, or stoppage of the refrigeration,
ventilation or heating machinery, insulation, ship?s plant, or other
such apparatus of the vessel or container, provided that Carrier
shall before or at the beginning of the transport exercise due
diligence to maintain the special hold or container in an efficient
state.
    
   23.2 Merchant undertakes not to tender for transportation any
goods that require refrigeration without given written notice of
their nature and the required temperature setting of the thermostatic
controls before receipt of the goods by Carrier. In case of
refrigerated containers packed by or on behalf of Merchant, Merchant
warrants that the goods have been properly stowed in the container
and that the thermostatic controls have been adequately set before
receipt of the goods by Carrier.
    
   23.3 Merchant's attention is drawn to the fact that
refrigerated containers are not designed to freeze down cargo which
has not been presented for stuffing at or below its designated
carrying temperature. Carrier shall not be responsible for the
consequences of cargo tendered at a higher temperature than that
required for the transportation.
    
   23.4 If the above requirements are not complied with, Carrier
shall not be liable for any loss of or damage to the goods
whatsoever.
    
(24) SEVERABILITY: 
  The terms of this Bill of Lading shall be severable, 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. 
    
(25) VARIATION OF THE CONTRACT:
   No servant or agent of Carrier shall have power to waive or
vary any of the terms hereof unless such variation is in writing and
is specifically authorized or ratified in writing by Carrier.

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