RULE: 8 - BILL(S) OF LADING Eff: 26JUL2001

Effective 26JUL2001
Filed 26JUL2001
Filing Codes C

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:
     
COMPUTREX B/L
          
I. CLAUSE PARAMOUNT
This Bill of Lading 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").  The provisions stated on COGSA (except as may be
otherwise specifically provided herein) shall govern before
the goods are loaded on and after they are discharged from
the vessel and throughout the entire time the goods are in
the custody of the carrier.
          
II. DEFINITIONS
2.1 "Ship" means the vessel named in the Bill of Lading, or
any conveyance owned, chartered, or operated by Carrier or
used by Carrier for the performance of this contract.
          
2.2 "Carrier" means Computrex International Services, Inc.
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 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.
          
III. SUBCONTRACTING
3.1 Carrier shall be entitled to subcontract 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.
          
3.2 Every servant or agent or subcontractor of Carrier
shall be entitled to the same rights, exemptions from
liability, defenses and immunities to which Carrier is
entitled.  For these purposes, Carrier shall be deemed to
be acting as agent or trustee for such servants or agents,
who shall be deemed to be parties to the contract evidenced
in this Bill of Lading.
          
IV. ROUTE OF TRANSPORT
4.1 Carrier is entitled to perform the transport in any
reasonable manner and by and reasonable means, methods, and
routes.
          
4.2 The Ship shall have the liberty 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.
          
V. HINDERANCES 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 hinderance, risk, delay,
difficulty or disadvantage of any kind including strike and
if by virtue of the above Carrier has no duty to complete
the performance of the contract, Carrier, whether or not
the transport is commenced may elect to:
    (a) treat the performance of this contract as
terminated and placed 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 full freight for any
goods received for transportation and additional
compensation for extra costs resulting from the
circumstances referred to above.
          
VI. 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 charge and the time of delivery.
          
6.2 If it is established that the loss of or damage to the
goods occurred during sea carriage, liability shall be
goverened by COGSA (see section I).
          
6.3 If it cannot be determined when the loss of or damage
to the goods occurred, it shall be presumed that such loss
or damage occurred during sea carriage and COGSA shall
govern.
          
6.4 Carrier does not undertake that the goods shall be
delivered at any particular time and shall not be liable
for any direct or indirect losses caused by any delay.
          
6.5 Carrier shall not be liable for any loss or damage
arising from:
    (a) act, neglect, or default of the master, mariner,
pilot, or the servants of Carrier in the navigation or in
the management of the ship, 
    (b) fire, unless caused by the actual fault or privity
of the Carrier,
    (c) perils, dangers, and accidents of the sea or other
navigable waters,
    (d) act of god,
    (e) act of war,
    (f) act of public enemies,
    (g) arrest or restraint of princes, rulers, or people,
or seizure under legal process,
    (h) quarrantine restrictions,
    (i) act or omission of the Shipper or owner of the
goods, his agent or representative,
    (j) strikes or lockouts or stoppage or restraint of
labor from whatever cause, whether partial or general:
Provided, that nothing herein contained shall be construed
to relieve Carrier from responsibility for Carrier's own
acts,
    (k) riots and civil commotions,
    (l) saving or attempting to save life or property at
sea,
    (m) wastage in bulk or weight or any other loss or
damage arising from inherent defect, quality, or vice of
the goods,
    (n) insufficiency of packing,
    (o) insufficiency or inadequacy of marks,
    (p) latent defects not discoverable by due diligence,
and
    (q) any other cause arising without the actual fault
and privity of Carrier and without the fault or neglect of
the agents or servants of Carrier.
          
6.6 With respect to the transportation performed by Inland
Carriers to the port of loading or from the port of
discharge, the responsibility of Carrier shall be to
procure transportation by such Carriers (one or more) and
such transportation shall be subject to the Inland
Carriers' contracts of carriage, tariffs and any law
compulsorily applicable.
          
6.7 When any claims are paid to Merchant by Carrier,
Carrier shall automatically be subjugate to all rights of
Merchant against all others, including Inland Carriers'
contract of carriage, tarrifs and any law compulsorily
applicable.
          
VII. 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 U.S.
$500 per package or per customary freight unit, unless the
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.  Where a container is
stuffed by Shipper or on its behalf, and the container is
sealed when received by Carrier for shipment, the carrier's
liability will be limited to U.S. $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.  The freight charged on
sealed containers when no higher valuation is declared by
the shipper is based on a value of U.S. $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.
          
7.2 In any case where Carrier's liability for compensation
may exceed the amount set forth in clause 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.  Carrier shall
have the option of replacing lost goods or repairing
damaged goods.
          
7.3 If the value of the goods is less than U.S. $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. 
          
VIII. DESCRIPTION OF GOODS
Merchant warrants to the Carrier that all particulars of
the goods, including without limitation, the marks, number,
quantity and weight, furnished by Merchant are correct and
Merchant shall indemnify Carrier against all losses arising
from any inaccuracy.
          
IX. CARRIER'S CONTAINERS
9.1 If goods are not received by Carrier already in
containers, Carrier may pack them in any type container.
          
9.2 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.
          
9.3 Merchant indemnifies Carrier for any damage or injury
to persons or property caused by Carrier's container during
handling by or when in possession or control of Merchant.
          
9.4 Merchant undertakes to return such container to Carrier
within the time provided for in Carrier's applicable
tariff, otherwise, Merchant shall pay Carrier for the
demurrage or detention charges applicable to the
containers.
          
X. CONTAINER PACKED BY MERCHANT
If Carrier receives the goods already packed into
containers:
          
1. This Bill of Lading is prima facie evidence of the
receipt of the particular number of container set forth and
that number only.  Carrier accepts no responsibility with
respect to the order and condition of the contents of the
containers;
          
2. Merchant warrants that the stowage and seals of the
containers are safe and proper and suitable for handling
carriage;
          
3. Delivery shall be deemed as full and complete
performance when the containers are delivered by Carrier
with the seals intact; and
          
4. Carrier has the right to open and inspect the containers
at any time without notice to Merchant, and expenses
resulting from the same shall be borne by Merchant.
          
XI. 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 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 judgement 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.
          
XII. DECK CARGO
12.1 Carrier has the right to carry the goods in any
container under deck or on deck.
          
12.2 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
the General Average.
          
12.3 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.
          
XIII. HEAVY LIFT
13.1 Single packages with a weight exceeding 2,240 pounds
gross not presented to Carrier in enclosed container 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 provision,
Carrier shall not 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.
          
XIV. DELIVERY
14.1 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.
          
14.2 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.
          
14.3 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, and, at Carrier's option,
may be stored at Merchant's expense.
          
XV. NOTICE OF CLAIM
15.1 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 any 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.
          
XVI. FREIGHT AND CHARGES
16.1 Freight may be calculated on the basis of the
particulars of the goods furnished by Merchant. Carrier and
Merchant agree that it may be difficult or impossible to
assess damages if freight is incorrectly declared.
Therefore, in case of incorrect declaration of the goods,
Merchant shall pay a sum equal to three times the
difference between the correct freight and the freight
charged as liquidated damages, notwithstanding any other
sum having been stated herein as freight payable. 
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 the Carrier in
writing specifically undertakes the handling of
transportation of the shipment at a specific rate.
          
16.2 Freight shall be deemed earned on receipt of goods by
Carrier, whether the freight be intended to be prepaid or
collected at destination.  Payment shall be in full and in
cash, in the currency named in this Bill of Lading, or
another currency at Carrier's option interest at 12% shall
run from the date when freight and charges are due. 
Interest at 12% or such lesser amount as may be the maximum
rate permitted by applicable law, shall run from date when
freight and charges are due.  If the services of a freight
forwarder are used for this transportation, those services
shall be deemed to be performed as agent of Merchant and
payment of freight to the freight forwarder is not payment
to Carrier.  Full freight shall be paid on damaged or
unsound goods.  In any referral for collection or action
against the Merchant for monies due to Carrier, upon
recovery by the Carrier, Merchant shall pay the expenses of
collection and/or litigation, including reasonable
attorneys' fees.
          
16.3 Merchant shall be liable for all dues, 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.
          
16.4 All persons encompassed within the definition of
"Merchant" as provided in section 2 of this Bill of Lading
shall be jointly and severally liable to Carrier for the
payment of all freight and charges, including advances.
          
16.5 All persons encompassed within the definition of
"Merchant" as provided in section 2 of this Bill of Lading
shall jointly and severally indemnify the Carrier for all
claims, fines, penalties, damages, costs and other amounts
which may be incurred or imposed upon the Carrier by reason
of any breach of the Merchant of any of the provisions of
this Bill of Lading or of any statutory or regulatory
requirements.
          
XVII. LIEN
The Carrier shall have a general lien on any and all
property (and documents relating thereto) of the Merchant,
in its possession, custody or control or en route, for all
claims for charges, expenses or advances incurred by the
Carrier in connection with any shipments of the Merchant
and if such claim remains unsatisfied for 30 days after
demand for its payment is made, the Carrier may sell at
public auction or private sale, upon 10 days' written
notice, registered mail to the Merchant, the goods, wares
and/or merchandise or so much as may be necessary to
satisfy such a lien, and apply the net proceeds of such
sales to the payment of the amount due the Carrier.  Any
surplus from such sale shall be transmitted to the
Merchant, and the Merchant shall be liable for any
deficiency in the sale.
          
XVIII. TIME BAR
Carrier shall be discharged from all liability for loss of
or damage to goods unless suit is brought within 9 months
after delivery of the goods, or the date when the goods
should have been delivered.  The time bar for overcharge
claims shall be that set forth in Carrier's applicable
tariff or 36 months, whichever is shorter and of legal
effects under the laws of the country having jurisdiction
over this contract.
          
XIX. JURISDICTION
Disputes arising under this Bill of Lading shall be
determined by the United States District Court for the
Western District of Kentucky under the laws of the
Commonwealth of Kentucky.
          
XX. GENERAL AVERAGE
20.1 General Average shall be adjusted at New York, or at
any other port at Carrier's option, according to the
York-Antwerp Rules of 1974, except Rule No. 22.  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
if the salving vessel or vessels belonged to strangers.
          
XXI. BOTH-TO-BLAME COLLISON 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 represent
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-carrynig vessel or her owners as part of
their claim against the carrying ship or her owners.  This
provision shall apply as well where the owners, operator 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 contract.
          
XXII. CARRIER'S TARIFFS
22.1 The goods carried under this Bill of Lading are also
subject to all the terms and conditions of tariff(s) on
file with the Federal Maritime Commission, the Interstate
Commerce 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.
          
22.2 Copies of Carrier's tariffs may be obtained from
Carrier or its agents upon request or from the governmental
body with whom the tariff has been filed.
          
XXIII. SEVERABILITY
The terms of this Bill of Lading shall be severable, and,
if any part of term hereof shall be held invalid, such
holding shall not affect the validity or enforceability of
any other part or term hereof.
          
XXIV. 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 variation
is in writing and is specifically authorized or ratified in
writing by the Carrier.

Previous Rule

Table Of Contents


Ratewave Tariff Services, Inc., 465A Carlisle Drive, Herndon, VA 20170 Ph: (703) 467-0825 Fax: (703) 467-0926
Ratewave Tariff Services, Inc. --- © 1999-2002 All Rights Reserved