Effective	04SEP2013
Filed	04SEP2013
Filing Codes	IC

All cargo transported under the rates, charges, terms and conditions
named in this Tariff, in an effective NRA or a Rate TLI named in a
Tariff governed by 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. If a shipment is refused by Consignee at destination,
   or if Shipper, Consignee or owner of the property fails
   to receive or claim cargo within 15 days after written
   notice by U.S. mail addressed to Shipper and/or
   Consignee at Post Office addresses shown on the face of
   B/L or if Shipper refuses or fails to pay lawfully
   applicable charges in accordance with Carrier's
   applicable Tariff, Carrier may sell the property at its
   option, either (a) upon notice and in the manner
   authorized by law, or (b) at public auction to the
   highest bidder for cash at a public sale to be held at a
   time and place named by the Carrier, 30 days notice of
   such sale shall have been given in writing to the
   Shipper and Consignee, and there shall have been
   published at least once a week for two consecutive weeks
   in a newspaper of general circulation at or near the
   place of sale, a notice thereof containing a description
   of the property as described in the B/L and the names of
   the Consignor and Consignee. The proceeds of any sale
   shall be applied toward the payment of the lawful
   charges applicable to the shipment and toward expenses
   of notice, advertising and sale, and the balance, if
   any, shall be paid to the owner of the property;
   provided that any perishable articles contained in said
   shipment may be sold at public or private sale without
   such notice, if, in opinion of the Carrier such action
   is necessary to prevent deterioration or futher
   deterioration.
    
d. Carrier will NOT be, or remain, liable for loss or
   damage of any shipment on hand at the Caribtran
   Logistics, LLC Terminal after expiration of applicable
   Free Time or the termination of Carrier's insurance
   thereon, whichever occurs later.
     
e. The Terms and Conditions of Carrier's regular long form 
   B/L are as follows:
     
COMBINED TRANSPORT BILL OF LADING
          
Agents signing this Bill of Lading on behalf of the Carrier
by whom this Bill is issued have only the limited authority
at common law of masters signing a Bill of Lading.
          
In accepting this Bill of Lading, any local custom or
practice to the contrary notwithstanding, any Merchant as
defined hereunder agrees to be bound by all stipulations,
exceptions and conditions stated herein whether written,
printed, stamped or incorporated on the front or reverse
side hereof as fully as if they were all signed by such
Merchant.
          
Notwithstanding the heading "COMBINED TRANSPORT BILL OF
LADING", the provisions set out and referred from this
document shall also apply if the transport described on the
reverse side of this Bill of Lading is performed by one
mode of transport only.
          
1. DEFINITIONS
          
"Carrier" means the Company stated on the front of this
Bill of Lading as being the Carrier and on whose behalf
this Bill of Lading has been signed.
          
"Merchant" includes the shipper, 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.
          
"Goods" includes the cargo supplied by the Merchant and
includes any Container not supplied by or on behalf of the
Carrier.
          
"Container" includes any container, trailer, transportable
tank, lift van, flat, flat rack, pallet or any similar
article of transport used to consolidate goods.
          
"Carriage" means the whole of the operations and services
undertaken or performed by or on behalf of the Carrier in
respect of the Goods.
          
"Combined Transport" arises where the Carriage called for
by this Bill of Lading is not a Port to Port Shipment.
          
"Port to Port Shipment" arises where the Place of Receipt
and the Place of Delivery are not indicated on the front of
this Bill of Lading or if both the Place of Receipt and the
Place of Delivery indicated are ports and the Bill of
Lading does not in the nomination of the Place of Receipt
or the Place of Delivery on the front hereof specify any
place or spot within the area of the port so nominated.
          
"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.
          
"COGSA" means the Carriage of Goods by Sea Act of the
United States of America approved on 16th April 1936.
          
"COGWA" means Part 5 of the Canadian Marine Liability Act
          
"Charges" includes freight and all expenses and money
obligations incurred and payable by the Merchant.
          
"Shipping Unit" includes freight unit and the term "unit"
as used in the Hague Rules and Hague-Visby Rules.
          
"Person" includes an individual, a partnership, a body
corporate or other entity. 
          
"Stuffed" includes filled, consolidated, packed, loaded or
secured.
          
2. CARRIER'S TARIFF
          
The provisions of the Carrier's applicable Tariff, if any,
are incorporated herein. Copies of such provisions are
obtainable from the Carrier or his agents upon request or,
where applicable, from a government body with whom the
Tariff has been filed. In the case of inconsistency between
this Bill of Lading and the applicable Tariff, this Bill of
Lading shall prevail.
          
3. WARRANTY
          
The 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.
          
4. NEGOTIABILITY AND TITLE TO THE GOODS
          
(1) This Bill of Lading shall be non-negotiable unless made
out "to order" in which event it shall be negotiable and
shall constitute title to the Goods and the holder shall be
entitled to receive or to transfer the Goods herein
described.
          
(2) This Bill of Lading shall be prima facie evidence of
the taking in charge by the Carrier of the Goods as herein
described. However, proof to the contrary shall not be
admissible when this Bill of Lading has been negotiated or
transferred for valuable consideration to a third party
acting in good faith.
          
5. CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER
PERSONS 
          
(1) The Carrier shall be entitled to sub-contract on any
terms the whole or any part of the Carriage.
          
(2) The Merchant undertakes that no claim or allegation
shall be made against any person or vessel whatsoever
(other than the Carrier) including, but not limited to, the
Carrier's servants or agents, any independent contractor
and his servants or agents, 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 the Carrier against all consequences thereof.
Without prejudice to 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 his benefit and in entering into this contract the
Carrier, to the extent of these provisions, does so not
only on his own behalf but also as agent or trustee for
such persons and vessels and such persons and vessels shall
to this extent be or be deemed to be parties to this
contract.
          
(3) The Merchant shall defend, indemnify and hold harmless
the Carrier against any claim or liability (and any expense
arising therefrom) arising from the Carriage of the Goods
insofar as such claim or liability exceeds the Carrier's
liability under this Bill of Lading.
          
(4) The defenses and limits of liability provided for in
this Bill of Lading shall apply in any action against the
Carrier whether the action be found in Contract or in Tort.
          
(5) In the event that the Carrier is required to transport
the Goods to the port of loading or from the port of
discharge as described in this Bill of Lading and the
Carrier in its absolute discretion agrees to such
transport, such further carriage shall be undertaken on the
basis that the Bill of Lading terms and conditions are to
apply to such carriage including without limitation, where
applicable, any of the limitations or protections as may be
provided by COGSA unless and to the extent that the
transporting party has a limitation which acts or places
less liability on the Carrier than those provided herein in
which case those limitations shall be deemed applicable to
Carrier.
          
6. CARRIER'S RESPONSIBILITY
          
(1) CLAUSE PARAMOUNT
          
(A) Carriage to or from USA
          
For Goods carried to or from the USA, where loss or damage
has occurred between the time of receipt by the Carrier at
the port of loading and the time of delivery by the Carrier
to the port of discharge, or during any prior or subsequent
period of carriage by water, the liability of the Carrier
shall be determined by the COGSA. At all times that the
Carrier has responsibility for the goods, the Carrier shall
be entitled to the full benefit of the right to all
limitations or exemptions from liability authorized by any
provision of COGSA or any other country whose laws may
apply. Nothing in this Bill of Lading shall be deemed to
operate to deprive the Carrier, or lessen the benefit of
any such rights, immunities, limitations or exemptions.
          
(B) Carriage to or from countries other than the USA
          
(I) For Goods carried to or from countries other than the
USA, where loss or damage has occurred between the time of
receipt of the Goods by the Carrier at the port of loading
and the time of delivery at the port of discharge, or
during any prior or subsequent period of carriage by water,
the liability of the Carrier shall be determined in
accordance with either the Hague-Visby Rules where those
are compulsorily applicable at the place of receipt or the
port of loading where the first sea carriage in the
transportation is on board the ocean vessel, or in all
other cases in accordance with the International Convention
for the Unification of Certain Rules relating to Bills of
lading dated August 26, 1924 (the Hague Rules) with the
exception that Article 9 shall not apply and the limit of
liability in Article 4 Rule 5 shall be set out as in clause
7 below.
          
(II) Where the carriage called for commences at the port of
loading and/or finishes at the port of discharge, the
Carrier shall have no liability whatsoever for any loss or
damage to the Goods while in its actual or constructive
possession before loading or after discharge over ships
rail, or if applicable, on the ship's ramp however caused.
           
(2) PORT TO PORT SHIPMENT
           
If carriage is Port to Port, the responsibility of the
Carrier is limited to that part of the Carriage from and
during loading onto the vessel up to and during discharge
from the vessel and the Carrier shall not be liable for any
loss or damage whatsoever in respect of the Goods or for
any other matter arising during any other part of the
Carriage even though Charges for the whole Carriage have
been charged by the Carrier. The Merchant constitutes the
Carrier as agent to enter into contracts on behalf of the
Merchant with others for transport, storage, handling or
any other services in respect of the Goods prior to loading
and subsequent to discharge of the Goods from the vessel
without responsibility for any act or omission whatsoever
on the part of the Carrier or others and the Carrier may as
such agent enter into contracts with others on any terms
whatsoever including terms less favorable than the terms in
this Bill of Lading.
           
(3) COMBINED TRANSPORT
           
If carriage is Combined Transport, the Carrier shall be
liable for loss of or damage to the Goods occurring from
the time that the Goods are taken into his charge until the
time of delivery to the extent set forth in Clause 7,
except that should any other provision of this Bill of
Lading provide a lesser amount of liability for the
Carrier, then that provision shall apply.
          
7. THE AMOUNT OF COMPENSATION
          
(1) For shipment to or from ports in the USA, neither the
Carrier nor the ship shall in any event be or become liable
for any loss or damage to or in connection with the
transportation of the Goods in an amount exceeding $500.00
per package lawful money of the United States, or in the
case of Goods not shipped in packages, per customary
freight unit, or the equivalent of that sum in other
currency, unless the nature and the value of the Goods has
been declared by the Merchant before shipment and inserted
on this Bill of Lading and extra freight paid in accordance
with subsection (3) below.
          
(2) Where the Hague Rules apply hereunder, the Carrier's
maximum liability shall in no event exceed GBP 100 lawful
money of the United Kingdom per package or unit, unless the
nature or value of such Goods have been declared by the
Merchant before shipment and inserted on the reverse side
of this Bill of Lading and extra freight paid in accordance
with subsection (3) below.
          
(3) The Carrier's liability may be increased to a higher
value by a declaration in writing of the value of the Goods
by the shipper upon delivery to the 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 the Carrier, extra freight paid. 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 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.
          
(4) In any event where subsection (1) or (2) of this clause
above are not applicable, and where Carrier is not subject
to any other contractual or legal limitation and when the
Carrier is liable for compensation in respect of loss or
damage to the Goods, such compensation shall be calculated
by reference to the invoice value of the Goods. If there is
no invoice value of the Goods, such compensation shall be
calculated by reference to the value of such Goods at the
place and time they are delivered to the Merchant in
accordance with the contract, or should have been so
delivered. The value of the Goods shall be fixed according
to the Commodity exchange price, or, if there be no
commodity exchange price or current market price, by
reference to the normal value of goods of like kind and
quality. In any event, compensation shall not, however,
exceed USD 2.00 per kilo of Gross Weight of the Goods lost
or damaged.
          
8. GENERAL PROVISIONS
          
(1) Delay, Consequential Loss
          
Save as otherwise provided herein, the Carrier shall in no
circumstances be liable for direct, indirect or
consequential loss or damage caused by delay or any other
cause whatsoever and howsoever caused. Without prejudice to
the foregoing, if the Carrier is found liable for delay,
liability shall be limited to the freight applicable to the
relevant stage of the transport.
          
(2) Definition of Package or Shipping Unit
          
Where a Container is used to consolidate Goods and such
Container is stuffed by the 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 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.
          
The words "shipping unit" shall mean 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.
As to Goods shipped in bulk, the limitation applicable
thereto shall be the limitation provided in such convention
or 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.
          
(3) Rust, etc.
          
It is agreed that superficial rust, oxidation,
discoloration or any like condition due to moisture, is not
a condition of damage but is inherent to the nature of the
Goods and acknowledgment of receipt of the Goods in
apparent good order and condition is not a representation
that such conditions of rust, oxidation, discoloration or
the like did not exist on receipt.
          
(4) Notice of Loss or Damage
          
The Carrier shall be deemed prima facie to have delivered
the goods as described in this Bill of Lading unless notice
of loss of, or damage to, the Goods indicating the general
nature of such loss or damage, shall have been given in
writing to the Carrier or to his representative at the
place of delivery before or at the time of removal of the
Goods into the custody of the person entitled to delivery
thereof under this Bill of Lading or, if the loss or damage
is not apparent, within three consecutive days thereafter.
          
(5) Time Bar
          
The Carrier shall be discharged of all liability unless
suit is brought in the proper forum and written notice
thereof received by the Carrier within one (1) year after
delivery of the Goods or the date when the Goods should
have been delivered. In the event that such time period
shall be found contrary to any convention or law
compulsorily applicable, the period prescribed by such
convention or law shall then apply but in that circumstance
only.
          
(6) Headings
          
Headings are for informational purposes only and shall not
be deemed part of the text and shall not be deemed to
create, amend or alter any of the terms or conditions
herein.
          
9. MERCHANT'S RESPONSIBILITY
          
(1) The description and particulars of the Goods set out on
the face hereof are furnished by the Merchant and the
Merchant warrants to the Carrier that the description and
particulars including, but not limited to, of the weight,
content, measure, quantity, quality, condition, marks,
numbers and value are correct.
          
(2) The Merchant shall comply with all applicable laws,
regulations and requirements of customs, 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 or addressing of the Goods.
          
(3) The Merchant undertakes that the Goods are packed in a
manner adequate to withstand the ordinary risks of Carriage
having regard to their nature and in compliance with all
laws, regulations and requirements which may be applicable.
          
(4) No Goods which are or may become dangerous, inflammable
or damaging or which are or may become liable to damage any
property or person whatsoever shall be tendered to the
Carrier for Carriage without the Carrier's express consent
in writing and without the Container or other covering in
which the goods are to be transported and the Goods being
distinctly marked on the outside so as to indicate the
nature and character of any such articles and so as to
comply with all applicable laws, regulations and
requirements. If any such articles are delivered to the
Carrier without such written consent and marking or if in
the opinion of the Carrier the articles are or are liable
to become of a dangerous, inflammable or damaging nature,
the same may at any time be destroyed, disposed of,
abandoned, or rendered harmless without compensation to the
Merchant and without prejudice to the Carrier's right to
Charges.
          
(5) The Merchant shall be liable for the loss, damage,
contamination, soiling, detention or demurrage before,
during and after the Carriage of property (including, but
not limited to, Containers) of the Carrier or any person or
vessel (other than the Merchant) referred to in 5 (2) above
caused by the Merchant or any person acting on his behalf
or for which the Merchant is otherwise responsible.
          
(6) The Merchant shall defend, indemnity and hold harmless
the Carrier against any loss, damage, claim, liability or
expense whatsoever arising from any breach of the
provisions of this clause 9 or from any cause in connection
with the Goods for which the Carrier is not responsible.
          
10. CONTAINERS
          
(1) Goods may be stuffed by the Carrier in or on Containers
and Goods may be stuffed with other Goods.
          
(2) The terms of this Bill of Lading shall govern the
responsibility of the Carrier in connection with or arising
out of the supply of a Container to the Merchant, whether
supplied before or after the Goods are received by the
Carrier or delivered to the Merchant.
          
(3) If a Container has been stuffed by or on behalf of the
Merchant.
          
(A) the Carrier shall not be liable for loss of or damage
to the Goods 
          
(I) caused by the manner in which the Container has been
stuffed; 
          
(II) caused by the unsuitability of the Goods for carriage
in Containers;
          
(III) caused by the unsuitability or defective condition of
the Container provided that where the Container has been
supplied by or on behalf of the Carrier, this paragraph
(III) shall only apply if the unsuitability or defective
condition arose (a) without any want of due diligence on
the part of the Carrier or (b) would have been apparent
upon reasonable inspection by the Merchant at or prior to
the time when the Container was stuffed
          
(IV) if the Container is not sealed at the commencement of
the Carriage except where the Carrier has agreed to seal
the Container.
          
(B) the Merchant shall defend, indemnify and hold harmless
the Carrier against any loss, damage, claim, liability or
expense whatsoever arising from one or more of the matters
covered by (A) above.
          
(4) Where the Carrier is instructed to provide a Container,
in the absence of a written request to the contrary, the
Carrier is not under an obligation to provide a Container
of any particular type or quality.
          
11. TEMPERATURE CONTROLLED CARGO
          
(1) The Merchant undertakes not to tender for
transportation any Goods which require temperature control
without previously giving written notice (and filling in
the box on the front of this Bill of Lading if this Bill of
Lading has been prepared by the Merchant or a person acting
on his behalf) of their nature and particular temperature
range to be maintained and in the case of a temperature
controlled Container stuffed by or on behalf of the
Merchant further undertakes that the Container has been
properly pre-cooled, that the Goods have been properly
stuffed in the Container and that its thermostatic controls
have been properly set by the Merchant before receipt of
the Goods by the Carrier.
          
If the above requirements are not complied with the Carrier
shall not be liable for any loss of or damage to the Goods
caused by such non-compliance.
          
(2) The Carrier shall not be liable for any loss of or
damage to the Goods arising from defects, derangement,
breakdown, stoppage of: the temperature controlling
machinery, plant, insulation or any apparatus of the
Container provided that the Carrier shall before or at the
beginning of the Carriage exercise reasonable diligence to
maintain the refrigerated Container in an efficient state.
          
12. INSPECTION OF GOODS
          
The Carrier or any person authorized by the Carrier shall
be entitled, but under no obligation, to open any Container
or package at any time and to inspect the Goods.
          
13. MATTERS AFFECTING PERFORMANCE
          
(1) If at any time the Carriage is or is likely to be
affected by any hindrance, risk, delay, difficulty or
disadvantage of any kind (including the condition of the
Goods), whensoever and howsoever arising (whether or not
the Carriage has commenced) the Carrier may:
          
(A) without notice to the Merchant abandon the Carriage of
the Goods and where reasonably possible place the Goods or
any part of them at the Merchant's disposal at any place
which the Carrier may deem safe and convenient, whereupon
the responsibility of the Carrier in respect of such Goods
shall cease.
          
(B) without prejudice to the Carrier's right subsequently
to abandon the Carriage under (A) above, continue the
Carriage.
          
In any event the Carrier shall be entitled to full Charges
on Goods received for Carriage and the Merchant shall pay
any additional costs resulting from the above mentioned
circumstances.
          
(2) The liability of the Carrier in respect of the Goods
shall cease on the delivery or other disposition of the
Goods in accordance with the orders or recommendations
given by any government or authority or any person acting
or purporting to act as or on behalf of such government or
authority.
          
14. METHODS AND ROUTE OF TRANSPORTATION
          
(1) The Carrier may at any time and without notice to the
Merchant use any means of transport or storage whatsoever;
load or carry the Goods on any vessel whether named on the
front hereof or not; transfer the Goods from one conveyance
to another including transshipping or carrying the same on
another vessel than that named on the front hereof or by
any other means of transport whatsoever; at any place
unpack and remove Goods which have been stuffed in or on a
Container and forward the same in any manner whatsoever;
proceed at any speed and by any route in his discretion
(whether or not the nearest or most direct or customary or
advertised route) and proceed to or stay at any place
whatsoever once or more often and in any order; load or
unload the Goods from any conveyance at any place (whether
or not the place is a port named on the front hereof as the
intended Port of Loading or intended Port of Discharge);
comply with any orders or recommendations given by any
government or authority or any person or body acting or
purporting to act as or on behalf of such government or
authority or having under the terms of the insurance on the
conveyance employed by the Carrier the right to give orders
or directions; permit the vessel to proceed with or without
pilots, to tow to be towed or to be dry-docked; permit the
vessel to carry live animals, Goods of all kinds, dangerous
or otherwise contraband, explosives, munitions or warlike
stores and sail armed or unarmed.
          
(2) The liberties set out in (1) above may be invoked by
the Carrier for any purposes whatsoever whether or not
connected with the Carriage of the Goods. Anything done in
accordance with (1) above or any delay arising therefrom
shall be deemed to be within the contractual Carriage and
shall not be a deviation of whatsoever nature or degree.
          
15. DECK CARGO (AND LIVE ANIMALS)
          
(1) Goods of any description whether containerized or not
may be stowed on or under deck without notice to the
Merchant and such stowage shall not be a deviation of
whatsoever nature or degree. Subject to (2) below, such
Goods whether carried on deck or under deck shall
participate in General Average and such Goods (other than
live animals) shall be deemed to be within the definition
of Goods for the purposes of the Hague Rules or any
legislation making such Rules or the Hague-Visby Rules
compulsorily applicable (such as COGSA or COGWA) to this
Bill of Lading.
          
(2) Goods not stuffed in or on Containers which are stated
on the front of this Bill of Lading to be carried on deck
and which are so carried (and live animals whether or not
carried on deck) are carried without responsibility on the
part of the Carrier for loss or damage of whatsoever nature
arising during carriage by sea or inland waterway whether
caused by unseaworthiness or negligence or any other cause
whatsoever. 
          
(3) Carrier shall have no liability whatsoever for any
injury, illness, death, delay or destruction howsoever
arising for the carriage of live animals. Should the Master
in his sole discretion consider that any live animal is
likely to be injurious to any other live animal or any
person or property on board, or to cause the vessel to be
delayed or impeded in the prosecution of the Carriage, such
live animal may be destroyed and thrown overboard without
any liability attaching to the Carrier. The Merchant shall
defend, indemnify and hold harmless the Carrier against all
and any extra cost incurred for any reason whatsoever in
connection with carriage of live animals.
          
16. NOTIFICATION AND DELIVERY OF GOODS
          
Any mention in this Bill of Lading of parties to be
notified of the arrival of the goods is solely for
information of the Carrier, and failure to give such
notification shall not involve the Carrier in any liability
nor relieve the Merchant of any obligation hereunder. If
delivery of the Goods or any part thereof is not taken by
the Merchant at the time and place when and where the
Carrier is entitled to call upon the Merchant to take
delivery thereof, the Carrier shall be entitled without
notice to remove from a Container the Goods or that part
thereof if stuffed in or on a Container and to store the
Goods or that part thereof ashore, afloat, in the open or
under cover at the sole risk and expense of the Merchant.
Such storage shall constitute due delivery hereunder, and
thereupon the liability of the Carrier in respect of the
Goods or that part thereof shall cease.
          
Except for "order" bills of lading, Merchant identified on
the face of this Bill of Lading may change the name of the
consignee at any time prior to delivery of the Goods,
however, Merchant agrees to defend, indemnify and hold
Carrier harmless from and against any liability which may
arise thereunder. Carrier may require Merchant to post a
bond or other guarantee satisfactory to Carrier in an
amount determined by Carrier to be adequate as a condition
to changing the consignee.
          
Delivery shall be to the consignee or consignee's agent
upon reasonable proof of identity and Carrier shall not be
liable absent actual negligence.
          
17. BOTH-TO-BLAME COLLISION
          
If the vessel on which the Goods are carried (the carrying
vessel) comes into collision with any other vessel or
object (the non-carrying vessel or object) as a result of
the negligence of the non-carrying vessel or object or the
owner of, charterer of or person responsible for the
non-carrying vessel or object, the Merchant undertakes to
defend, indemnify and hold harmless the Carrier against all
claims by or liability to (and any expense arising
therefrom) any vessel or person in respect of any loss of,
or damage to, or any claim whatsoever of the Merchant paid
or payable to the Merchant by the non-carrying vessel or
object or the owner of, charterer of or person responsible
for the non-carrying vessel or object and set-off, recouped
or recovered by such vessel, object or person(s) against
the Carrier, the carrying vessel or her owners or
charterers.
          
18. GENERAL AVERAGE
          
(1) The Carrier may declare General Average which shall be
adjustable according to the York/Antwerp Rules of 1994 at
any place at the option of the Carrier and the Amended
Jason Clause as approved by BIMCO is to be considered as
incorporated herein and the Merchant shall provide such
security as may be required by the Carrier in this
connection.
          
(2) Notwithstanding (1) above, the Merchant shall defend,
indemnify and hold harmless the Carrier in respect of any
claim (and any expense arising therefrom) of a General
Average nature which may be made on the Carrier and shall
provide such security as may be required by the Carrier in
this connection.
          
(3) The Carrier shall be under no obligation to take any
steps whatsoever to collect security for General Average
contributions due to the Merchant.
          
19. CHARGES
          
(1) Charges shall be deemed fully earned on receipt of the
Goods by the Carrier and shall be paid and non-returnable
in any event.
          
(2) The Charges have been calculated on the basis of
particulars furnished by or on behalf of the Merchant. The
Carrier shall be entitled to production of the commercial
invoice for the Goods or true copy thereof and to inspect,
reweigh, remeasure and revalue the Goods and if the
particulars are found by the Carrier to be incorrect the
Merchant shall pay the Carrier the correct Charges (credit
being given for the Charges charged) and the costs incurred
by the Carrier in establishing the correct particulars.
          
(3) All Charges shall be paid without any set-off,
counter-claim, deduction or stay of execution.
          
20. LIEN
          
The Carrier shall have a lien on Goods and any documents
relating thereto to all sums whatsoever due at any time to
the Carrier from the Merchant and for General Average
contributions to whomsoever due and for the costs of
recovering the same and the Carrier shall have the right to
sell the Goods and documents by public auction or private
treaty, without notice to the Merchant and at the
Merchant's expense and without any liability towards the
Merchant.
          
21. VARIATION OF THE CONTRACT
          
No servant or agent of the Carrier shall have power to
waive or vary any of the terms hereof, unless such waiver
or variation is in writing and is specifically authorized
or ratified in writing by a director or officer of the
Carrier who has the actual authority of the Carrier so to
waive or vary.
          
22. PARTIAL INVALIDITY
          
If any provision in this Bill of Lading is held to be
invalid or unenforceable by any court or regulatory or self
regulatory agency or body, such invalidity or
unenforceability shall attach only to such provision. The
validity of the remaining provisions shall not be affected
thereby and this Bill of Lading contract shall be carried
out as if such invalid or unenforceable provisions were not
contained herein.
          
The contract evidenced by or contained in this Bill of
Lading is governed by the Law of the United States of
America and the U.S. District Court for the Southern
District of Florida shall be the sole and exclusive forum
for any claim or dispute hereunder. 

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