RULE: 8 - BILL(S) OF LADING TERMS AND PROVISIONS Eff: 27JAN2017

Effective 27JAN2017
Filed 27JAN2017
Filing Codes I

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.
     
c. DAPEX, INC. BILL OF LADDING TERMS AND CONDITIONS
      
Notwithstanding the heading "Combined Transport Bill of Lading" the
provisions set out and referred to in this document shall also apply if
transport as described on the face of the Bill of Lading is performed by
one mode of transport only RECEIVED by the Carrier from the Merchant in
apparent good order and condition unless otherwise indicated, the Goods,
or the container(s) or package(s) said to contain the Goods, to be
carried subject to all the terms on the face and back of this Bill of
Lading, from the place of receipt or the port of loading to the port of
discharge or place of delivery, there to be delivered.  If required by
the Carrier, this bill of Lading duly endorsed must be surrendered in
exchange for the Goods or delivery order.  None of the terms of this Bill
of Lading can be waived by or for the Carrier except by express waiver
signed by a duly authorized agent of Carrier.
 
1. Definitions: When used in this Bill of Lading 
 
(A) "Carrier" means DAPEX, INC.
 
(B) "Inland Carrier" means Carriers (other than the Carrier) by land,
    water or air, participating in combined transport of the Goods,
    whether acting as Carrier or bailee.
 
(C) "Combined Transport" means carriage of the Goods under this Bill of
    Lading from place of receipt from Merchant to place of delivery to
    Merchant by the Carrier plus one or more Inland Carriers.
 
(D) "Port-to-Port Transportation" means carriage of the Goods under this
    Bill of Lading other than combined transport.
 
(E) "Merchant" includes the shipper, consignor, consignee, owner, and
    receiver of the Goods and the holder of this Bill of Lading.
 
(F) "Goods" mean the cargo described on the face of this Bill of Lading
    and, if the cargo is stuffed into container(s) supplied or furnished
    by or on behalf of the Merchant, include the container(s) as well.
 
(G) "Vessel" includes the vessel named on the face of this Bill of Lading
    and any ship, craft, lighter, barge or other means of transport that
    is substituted in whole or in part for that vessel.
 
(H) "Container" includes any containers (including an open top container)
    flat rack, platform, trailer, transportable tank, pallet or any other
    device used for transportation of goods.
 
(I) "Package" means (1) the Container when the Goods are shipped in a
    Container; (2) the skid or pallet when Goods are shipped on a skid or
    pallet and stuffed in a Container, and the Container is adjudged not
    to be the package for the purposes of the Carrier's limitation of
    liability; (3) the skid or pallet when Goods are shipped on a skid or
    pallet but not in a Container; (4) that shipping unit which contains
    the greatest quantity of the Goods and to which some packaging
    preparation for transportation has been made which facilitates
    handling even though it does not conceal or completely enclose the
    Goods.  This clause does not apply to Goods shipped in bulk, and it
    supersedes any inconsistent provision which may be printed, stamped
    or written elsewhere in this Bill of Lading.
 
(J) "Customary Freight Unit" or "Unit" as used herein includes each
    unpackaged vehicle, or other piece of unpackaged cargo on which
    freight is calculated.
  
(K) "Subcontractor" includes, without limitation,  stevedores,
    longshoremen, lighterers, terminal operators, warehousemen, truckers,
    agents, servants, and any person, firm, corporation or other legal
    entity which performs services incidental to the carriage of the Goods.
  
(L) "Stuffed" means filled, consolidated, packed, loaded, or secured.
   
(M) "United States" or "U.S." means the United States of America.
   
(N) "GBP" means British Pound Sterling
   
(O) "USD" means United States Dollar
       
2. 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 1936, 46 U.S.C. P1300-1315 as amended (hereinafter
"U.S. COGSA"), the terms of which shall be incorporated herein.  All
carriage to or 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 is 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 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.
    
3. Jurisdiction
This contract is to be governed by laws of the State of New York with the
exception of its conflict of law principles.  In all disputes to which
this Bill of Lading pertains may only be instituted in the United States
District Court for the Southern District of New York.  Merchant and
Carrier each agree that they are subject to the personal jurisdiction of
that Court.
  
4. Limitation of Liability Statutes 
Nothing in this Bill of Lading shall operate to limit or deprive the
Carrier of any statutory protection, exemption from, or limitation of
liability authorized by the applicable laws, statutes, or regulations
of any country.
    
5. Sub-Contracting: Exemptions and Immunities of Subcontractors
The Carrier shall be entitled to subcontract on any terms the whole or
part of the handling, storage, or carriage of the Goods and any and all
duties whatsoever undertaken by the Carrier in relation to the Goods.
Every servant and agent or subcontractor (including sub-subcontractor)
(as defined in Article 1 (K)) 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 or subcontractors who shall
be deemed to be parties to the contract evidenced in this Bill of Lading.
     
6. Merchant's Responsibility.
(A) Description of the Goods.
  (1) Unless the Goods have been stuffed into the Container(s) by or on
      behalf of the Carrier, this Bill of Lading shall be prima facie
      evidence of the receipt by the Carrier from the Shipper in
      apparent good order and condition, except as otherwise noted
      on the face hereof, of the total number of Containers indicated
      in the box on the face hereof entitled "no. of pkgs."
  
  (2) Any references to letters of credit, import licenses, sales
      contracts, invoices or order number and/or details of any contract
      to which the Carrier is not a party when shown on the face of this
      Bill of Lading are included solely at the request of the Merchant
      for his convenience and the Merchant agrees that the inclusion of
      such particulars shall not be regarded as a declaration of value
      nor shall they increase the Carrier's liability under this Bill of
      Lading.  The merchant further agrees to indemnify the Carrier
      against all consequences including such particulars in this Bill of
      Lading.
  
  (3) The Merchant warrants that the particulars relating to the Goods
      as set out overleaf have been checked by the Shipper on receipt
      of this Bill of Lading and those particulars, and any other
      particulars furnished by or on behalf of the Shipper, are adequate
      and correct.  The Merchant also warrants that the Goods are lawful
      Goods and contain no contraband.
  
(B) The Merchant warrants that in agreeing to the terms and conditions
    hereof he is, or has the authority of, the Person owning or entitled
    to the possession of the Goods and this Bill of Lading.  When
    containers, vans, skids, trailers, portable tanks, palletized units,
    and other cargo units are not packed or loaded by the Carrier, the
    Carrier does not represent to be accurate and is not bound by any
    description of the value, quantity, weight, condition or existence
    of the contents thereof as furnished by or on behalf of Shipper or
    identified in this bill of lading by use of the phrase "said to
    contain", "shipper's weight load and count", or terms of like
    meaning, and the Carrier in such case shall not be liable for any
    difference in value, quantity, weight or condition of the Goods
    furnished by or on behalf of the Shipper and that of the Goods
    actually delivered.  The Carrier shall have no responsibility or
    liability whatsoever for the packing, loading, securing, shoring
    and/or stowage of contents of such cargo units, or for loss or
    damage caused thereby or resulting therefrom.  The Merchant, with
    respect to cargo units not packed or laded by Carrier, represents
    and warrants:
  (a) that the Goods are properly described, marked, secured, and
      packed in their respective cargo units;
  (b) that any cargo units other than Carrier-furnished units are
      seaworthy and physically suitable, sound, and structurally
      adequate properly to contain and support the Goods during handling
      and the transportation contemplated by the Bill of Lading, and
      that such cargo-units may be handled in the usual and customary
      manner without damage to themselves or to their contents, or to
      the Vessel or its other cargo, or property, or persons;
  (c) that all particulars with regard to the cargo units and their
      contents, and the weight of each said cargo unit, are in all
      respects correct; and
  (d) that such units are in compliance with all applicable government
      regulations.  Shipper and Consignee, jointly and severally, agree to
      indemnify Carrier and to hold it harmless in respect of any injury
      or death of any person, or any loss or damage to cargo or any other
      property or to the Vessel or any other vessel, or any other loss or
      expense, including, but not limited to, lost profits and attorneys'
      fees, caused by breach or any of the foregoing representations or
      warranties.
   
(C) The Merchant shall comply with all regulations or requirements of
    Customs, port and other authorities, and shall bear and pay all
    duties, taxes, fines, imposts expenses, or losses incurred or
    suffered by the Carrier by reason thereof or by reason of any
    illegal, incorrect, or insufficient marking, numbering, or
    addressing of the Goods or any other illegal act and shall
    indemnify the Carrier in respect thereof by reason of any failure
    to so comply.
   
(D) Merchant acknowledges that regulations issued by the United States
    require Carrier to transmit certain information to U.S. Customs
    twenty-four hours prior to lading of Goods consigned to or from the
    United States, including, without limitation, precise commodity
    descriptions numbers and quantities of the lowest external packaging
    unit, the shippers complete name and address, the consignee's or the
    owner's or the owner's representative's complete name and address,
    hazardous material codes, and container seal numbers.  The Merchant
    warrants to the Carrier that the descriptions and particulars
    furnished by him are correct, and the Merchant shall indemnify the
    Carrier against all loss, damage, expenses, liability, penalties and
    fines arising or resulting from delay in providing or inaccuracy of
    any description or particular.
   
(E) Whenever a Shipper or Consignee, or an agent or contractor acting
    on behalf of either of them, shall take possession of Carrier's
    container equipment, the Shipper or Consignee in possession, or for
    the benefit of whom an agent or contractor has taken possession,
    shall defend, indemnify and hold harmless the Carrier from and
    against any loss or damage to Carrier's equipment and third party
    property and injury to or death of persons arising out of the use of
    said equipment.
   
7. Carrier's Responsibility 
(A) Insofar as this Bill of Lading is used for Port-to-Port
    Transportation of the Goods, the Carrier shall not be responsible
    for loss of or damage to the Goods caused from and during loading
    onto 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 the charges for the whole
    Carriage have been charged by the Carrier.  The merchant appoints
    and/or authorizes 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 off 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.
  
(B) Insofar as this Bill of Lading is used for combined transport of the
    Goods:
  (1) The responsibility of the Carrier and each Inland Carrier with
      respect to the Goods shall be limited to the period when the
      Carrier has custody of the Goods, and no Carrier, either Ocean or
      Inland, shall be responsible for any loss or damage caused while
      the Goods are not in its custody.  Any claim for loss of, or damage
      to the Goods, including loss or damages resulting from delay,
      should be made against the Carrier having custody of the Goods
      when the loss or damage or delay was caused.
  
  (2) The Carrier acts as agent for Merchant with regard to procuring
      inland and ocean transportation.  If, for any reason, it is adjudged
      that the Carrier was not acting as the Merchant's agent, then in
      addition to the defenses and limitation of liability permitted to
      the Carrier by law and by this bill of lading, the Carrier shall
      also have the benefit of all defenses available to the participating
      Inland Carrier(s) by law and by the terms of its or their
      contracts of Carriage and tariffs, all of which shall be deemed
      incorporated in this bill of lading, as applicable and with
      respect to inland transportation of the Goods, Carrier will be
      afforded all of the defenses according to the provisions of any
      International Convention or national law which is compulsorily
      applicable in the country, where the inland transportation took
      place or, if no such law or convention is applicable, then
      according to the participating Inland  Carrier's contracts of
      carriage and/or tariffs, if any.
   
(C) 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 as follows:
  
  (1) If the place where the loss or damage occurred cannot be proven:
    (a) The Carrier shall be entitled to rely upon all Defenses under
        COGSA, the  Hague Rules or the Hague-Visby Rules under Article
        2 above had the loss or damage occurred at sea or where the loss
        or damage occurred cannot be proved, said loss or damage shall
        be presumed to have occurred at sea.
  
    (b) Where under (1) above, the Carrier is not liable in respect of
        some of the factors causing the loss or damage, the Carrier
        shall only be liable to the extent that those factors for which
        he is liable have contributed to the loss or damage.
  
    (c) Subject to Article 23, where the Hague Rules (such as COGSA) or
        the Hague-Visby Rules or any legislation applying either Rules
        is not compulsorily applicable, the Carrier's liability shall
        not exceed USD 500 per package or shipping unit or USD 2.00 per
        kilo of the gross weight of the Goods lost or damaged in respect
        of which the claim arises, or the value of such Goods, whichever
        is the less.
  
    (d) The value of the goods shall be determined according to the
        invoice value, plus freight and insurance, if paid.
  
  (2) If the place where the loss or damage occurred can be proved:
    (a) the liability of the Carrier shall be determined by the
        provisions contained in any international convention or national
        law of the country which provisions:
      (i) cannot be departed from by private contract to the detriment of
          the Merchant; and
     (ii) would have applied if the Merchant had made a separate and
          direct contract with the Carrier in respect of the particular
          stage of Carriage where the loss or damage occurred and had
          received as evidence thereof any particular document which must
          be issued in order to make such international convention or
          national law applicable;
  
    (b) with respect to the transportation in the United States of
        America to the Port of Loading or from the Port of Discharge
        the responsibility of the Carrier shall be to procure
        transportation by Carriers (one or more) and such transportation
        shall be subject to the inland Carriers contract of carriage and
        tariffs and any law compulsorily applicable.  The Carrier
        guarantees the fulfillment of such inland Carrier's obligations
        under their contracts and tariffs;
  
    (c) where neither (1) or (2) above apply any liability of the Carrier
        shall be determined by 7(B) above.
  
(D) Notwithstanding subparts (A), (B) or (C) above, the Carrier does not
    undertake that the Goods will be transported from or loaded at the
    place of receiving or loading or will arrive at the place of
    discharge, destination or transshipment aboard any particular
    vessel or other conveyance or at any particular date or time or to
    meet any particular market or in time for any particular use.
    Scheduled or advertised departure and arrival times are only
    expected times and may be advanced or delayed if the Carrier or
    any Connecting Carrier shall find it necessary, prudent or
    convenient.  In no event shall the Carrier be liable for
    consequential or other damages for delay in the scheduled
    departures or arrivals of the vessel or other conveyance
    transporting the Goods or for any other matter.
    
8.  Carrier's Liberties
(A) In any situation whatsoever whether or not existing or anticipated
    before commencement of or during the transport, which in the
    judgment of the Carrier (including for the purpose of this Article
    the Master and any person charged with the transport or safekeeping
    of the Goods) has given or is likely to give rise to danger, injury,
    loss, delay, or disadvantage of whatsoever nature to the Vessel, the
    Carrier, a vehicle, any person, the Goods or any property, or 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 transport or to discharge the Goods at the
    port of discharge or to deliver the Goods at the place of delivery
    by the route and in the manner originally intended by the Carrier,
    the Carrier
  (1) at any time shall be entitled to unpack the container(s) or
      otherwise dispose of the Goods in such way as the Carrier may
      deem advisable at the risk and expense of the Merchant and/or
  (2) before the Goods are loaded on the Vessel, a vehicle, or other
      means of transport at the place of receipt or port of loading,
      shall be entitled to cancel the contract of carriage without
      compensation and to require the Merchant to take delivery of
      the Goods and, upon his failure to do so, to warehouse or place
      them at any place selected by the Carrier at the risk and expense
      of the Merchant and/or
  (3) if the Goods are at a place awaiting transshipment, shall be
      entitled to terminate the transport there and to store them at any
      place selected by the Carrier at the risk and expense of the
      Merchant, and/or
  (4) if the Goods are loaded on the Vessel, a vehicle, or other means
      of transport whether or not approaching, entering, or attempting
      to enter the port of discharge or to reach the place of delivery
      or attempting or commencing to discharge, shall be entitled to
      discharge the Goods or any part of them 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.
    Any actions under (3) or (4) above shall constitute complete and
    final delivery and full performance of this contract, and the
    Carrier thereafter shall be free from any responsibility for
    carriage of the Goods.
  
(B) If, after storage, discharge, or any actions according to subpart
    (A) above the 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 the Merchant without any liability
    whatsoever in respect of such agency.  The Merchant shall reimburse
    the Carrier forthwith upon demand for all extra freight charges and
    expenses incurred for any actions taken according to subpart (A),
    including delay or expense to the Vessel, and the Carrier shall
    have a lien upon the Goods to that extent.
  
(C) The situations referred to in subpart (A) above shall include, but
    shall not be limited to, those caused by the existence or
    apprehension of war declared or undeclared, hostilities, riots,
    civil commotions, or other disturbances closure of, obstacle in,
    or danger to any port or canal, blockade, prohibition, or
    restriction on commerce or trading 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, wharf, sea terminal, or similar place,
    shortage, absence or obstacles of labor or facilities for
    loading, discharge, delivery, or other handling of the Goods,
    epidemics or diseases, bad weather, shallow water, ice, landslip,
    or other obstacles in navigation or carriage.
   
(D) The 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 Vessel 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 Vessel, 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 contractual carriage
    and shall not be a deviation.
   
10. Container Packed by Merchant
If the cargo received by the Ocean or Inland Carrier is in a container
packed by or on behalf of the Merchant:
   
(A) This Bill of Lading is prima facie evidence of the receipt only of
    the number on the face of this Bill of Lading.  The condition and
    particulars of the contents are unknown to the Ocean and Inland
    Carriers, and the Carrier accepts no responsibility for the
    accuracy of the description of condition or particulars.
       
(B) The Merchant warrants (1) that the stowage of the contents of the
    containers and the closing and sealing of the containers are safe
    and proper, and (2) that the containers and their contents are
    suitable for handling and carriage in accordance with the terms of
    this Bill of Lading, including Article 13.  In the event of the
    Merchant's breach of any of these warranties, the Merchant and not
    the Carrier shall be responsible for, and the Merchant shall
    indemnify and hold Carrier harmless from, any resulting loss or
    damage to persons or property (including the Goods).
  
(C) The Merchant shall inspect the container when it is furnished by
    or on behalf of the Carrier, and the container shall be deemed to
    have been accepted by the Merchant as being in sound and suitable
    condition for the purpose of the transport contracted for in this
    Bill of Lading, unless the Merchant gives notice to the contrary,
    in writing, to the Carrier before the transport.
  
(D) If the container is delivered after transport by the Ocean or
    Inland Carrier with seals intact, such delivery shall be deemed to
    be full and complete performance of the Carrier's obligation under
    this Bill of Lading, and the Carrier shall not be liable for any
    loss of or damage to the contents of the container.
  
(E) The Ocean and Inland Carrier shall have the right to open the
    container and to inspect its contents without notice to the Merchant,
    at such time and place as the Ocean or Inland Carrier may deem
    necessary, and all expenses incurred therefrom shall be borne by
    the Merchant.
       
(F) If any seal of the container is broken by customs or other
    authorities for inspection of its contents, the Carrier shall not
    be liable for any resulting loss, damage or expenses.
    
11. Carrier's Container
(A) When the Goods are not already packed into a container at the time of
    receipt by the Carrier, the Carrier shall be at liberty to pack and
    carry the Goods in any type of container.
     
(B) The Merchant assumes full responsibility for and shall indemnify the
    Carrier against any loss of or damage to the Carrier's containers,
    containers not owned by the Merchant, and other equipment if the
    loss or damage is caused or occurs while in the possession or control
    of the Merchant, his agents, or common Carriers engaged by or on
    behalf of the Merchant
       
(C) The Merchant at destination shall have to return all containers not
    owned by the Merchant to the Carrier duly cleaned and in good
    condition as deemed delivered to the shipper within the time allowed
    by the Carrier, failing which the Merchant shall be liable to the
    Carrier for all costs, fees, cleaning charges, late fees, attorneys
    fees or any other charge for which the Carrier is held liable
    including demurrage.  Merchant agrees to pay the replacement value
    of any Container not returned within 30 days of its being available
    for delivery.
  
(D) The Carrier shall in no event be liable for, and the Merchant
    shall indemnify and hold the Carrier harmless from, any death of or
    injuries to persons, or loss of or damage to property, caused by the
    Carrier's container or its contents while in the possession or
    control of the Merchant, his agents, or common Carriers engaged by
    or on behalf of the Merchant.
   
12. Special Stowage; Refrigeration.
(A) 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.
  
(B) 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 due diligence to
    maintain the refrigerated Container in an efficient state and makes
    no warranty or agreement with respect to the actual temperature or
    condition of any commodity, fruit, vegetable, meat, fish, or any
    perishable Goods within the container.
    
13. Dangerous Goods, Contraband
(A) The Carrier undertakes to carry Goods of an explosive, inflammable,
    radioactive, corrosive, damaging, poisonous, or dangerous nature
    only upon the Carrier's approval of a written application by the
    Merchant prior to the carriage of such Goods.  Such application must
    accurately state the name, nature and classification of the Goods,
    as well as how they are dangerous and the method o rendering them
    innocuous, together with the full names and addresses of the shipper
    and the consignee.
  
(B) The Merchant shall undertake that the nature and danger of such
    Goods is distinctly hand permanently marked on the outside of the
    package or container containing the Goods.
  
(C) Merchant shall submit all documents or certificates required in
    connection with such Goods by any applicable statue or regulation or
    by the Carrier.
   
(D) Whenever the Goods are discovered to have been received by the
    Ocean or Inland Carrier without complying with subparts (A), (B) or
    (C) above, or the Goods are found to be contraband or prohibited
    by any law or regulation of any place during the transport, the
    Carrier shall be entitled to have such Goods rendered innocuous,
    thrown overboard, discharged, or otherwise disposed of at the
    Carrier's discretion without compensation, and the Merchant shall
    be liable for and indemnify the Carrier against any loss, damage
    or liability, including loss of freight, and any other expenses
    directly or indirectly arising out of custody or carriage of such
    Goods.
    
(E) The Carrier may exercise the right conferred upon it under the
    preceding subpart whenever it is apprehended that Goods received
    in compliance with subparts (A), (B) and (C) above have become
    dangerous, even if not dangerous when received by the Ocean or
    Inland Carrier.
       
(F) The Carrier has the right to inspect the contents of any package
    or container at any time and place without the prior notice to
    Merchant and at the risk and expense of the Merchant.
    
14. Stowage Under and on Deck
(A) Goods in containers, vans, trailers, or chassis may be carried
    under deck or on deck, and when such 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 of this Bill of Lading,
    any custom to the contrary notwithstanding.  Such on deck carriage
    shall not be considered a deviation.
      
(B) Goods stowed in poop, forecastle, deck house, shelter deck,
    passenger space, or any other covered-in-space, or stowed in a
    container wherever placed, shall be deemed to be stowed under deck
    for all purposes including general average.
     
(C) Any Goods customarily or reasonably carried on deck may, at
    Carrier's option, be carried on deck without further notice to
    Merchant and without liability to the Carrier for the risks
    inherent in or incident to such carriage.  Such on deck carriage
    shall not be considered a deviation.
       
(D) In respect of Goods not in containers and carried on deck, and
    stated on this Bill of Lading to be so carried, all risks of loss or
    damage from perils inherent in or incident to the custody or
    carriage of such Goods shall be borne by the Merchant and in all
    other respects the Carrier shall have the benefit of the provisions
    of the applicable, version of the Hague Rules (including U.S. COGSA,
    notwithstanding Section 1301 (c) thereof) and the terms of this Bill
    of Lading.
    
15. Valuable Goods
The 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 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 Ocean or Inland Carrier, the same
is inserted on the face of this Bill of Lading and additional freight
has been paid as required.
   
16. Heavy Lift
(A) The weight of a single piece or package exceeding 2,240 lbs. gross
    must be declared by the Merchant in writing before receipt by the
     Ocean or Inland Carrier and must be marked clearly and durably on
     the outside of the piece or package in letters and figures not less
     than two inches high.
        
(B) If the Merchant fails in his obligations under the preceding subpart
  (1) the Carrier shall not be responsible for any loss of or damage to
      in connection with the Goods.
  
  (2) the Merchant shall be liable for resulting loss of or damage to
      any person or property, and
  
  (3) Merchant shall indemnify the Carrier against any resulting loss,
      damage, or liability suffered by the Carrier.
   
17. Delivery.
(A) 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.
    
(B) The Carrier shall have the right to deliver the Goods at any time at
    the Vessels side, customhouse, warehouse, wharf, or any other place
    designated by the Carrier, within the geographic limits of the port
    of discharge or place of delivery shown of the face of this Bill of
    Lading.
      
(C) The Carrier's responsibility shall cease when the Goods have been
    delivered to the Merchant, Inland Carrier, connecting Carrier or
    any other person entitled to receive the Goods on Merchant's behalf
    at the place designated by the Carrier.  Delivery of the Goods to
    the custody of customs or any other public authority shall
    constitute final discharge of the Carrier's responsibility.
      
(D) In case the cargo received by the Carrier is containers packed by
    or on behalf of the Merchant
  (1) The Carrier shall only be responsible for delivery of the total
      number of containers received
  
  (2) The Carrier shall not be required to unpack the containers and
      deliver their contents in accordance with brands, marks, numbers
      sizes, to types of items or pieces (3) At the Carrier is discretion
      and upon the Merchant's request in writing to the Carrier at least
      3 days prior to the scheduled date of arrival the of Vessel at the
      port of discharge containers may be unpacked and their contents
      delivered by the Carrier in accordance with the written request.
      In such a case if the seal of the containers is intact at the
      time of unpacking all the Carrier's obligations under this Bill
      of Lading shall be deemed to have been discharged the Carrier
      shall not be responsible for any loss or damage resulting from
      such delivery and the Merchants shall be liable for an appropriate
      adjustment of the freight and any additional charges incurred.
         
(E) If the Goods have been packed into a container by the Carrier, the
    Carrier shall unpack the container and deliver its contents and the
    Carrier shall not be required to deliver the Goods in the container.
    At the Carrier's discretion, and subject to prior arrangement
    between the Merchant and the Carrier, the Goods may be delivered
    to Merchant in the container, in which case if the container is
    delivered with seals intact all the Carrier's obligations under
    this Bill of Lading shall be deemed to have been discharged, and
    the Carrier shall not be responsible for any loss or damage to the
    contents of the container.
    
18. Transshipment and Forwarding
(A) Whether arranged beforehand or not, the Carrier shall be at liberty
    without notice to carry the Goods wholly or partly by the named or
    any other Vessel, craft barge, or other means of transport by water,
    land or air, whether or not owned or operated by the Carrier.
     
(B) The Carrier may under any circumstances whatsoever discharge the
    Goods or any part of them at any port or place for transshipment and
    store them afloat or ashore and then forward them by any means of
    transport.
  
(C) If the Goods cannot be found at the port of discharge or place of
    delivery, or if they be miscarried, they, when found, may be
    forwarded to their intended port of discharge or place of delivery
    at the Carrier's expense, but the Carrier shall not be liable for
    any loss, damage, delay, or depreciation arising from such
    forwarding.
      
(D) In case of Port-to-Port Transportation, transshipment of cargo,
    or receipt of cargo from ports or inland points not including within
    the ship's itinerary or the Carrier's service, is to be at the sole
    risk and expense of the Merchant, and neither the Carrier not its
    Vessel shall be deemed to be the agent or principal of a prior or
    subsequent Carrier notwithstanding the issuance by the Carrier of
    a bill of lading, receipt, or other shipping document at a time or
    place prior to that at which the Goods are received by the Carrier.
  
19. Fire
The Carrier shall not be responsible for any loss of or damage to the
Goods arising from fire occurring at any time, even though before loading
on or after discharge from the Vessel, unless caused by the actual fault
or privity of the Carrier.
   
20. Lien
(A) The Carrier shall have a lien on the Goods, which shall survive
    delivery, for all freight, dead freight, demurrage, damages, loss,
    charges, expenses, and any other sums (including costs, customs fees,
    attorney fees, and other fees for recovering the sums) chargeable to
    the Merchant under this Bill of Lading and any preliminary contract
    for custody or carriage of the Goods.  Carrier may foreclose the lien
    by selling the Goods without notice to the Merchant privately or by
    public auction.  If on sale of the Goods the proceeds fail to cover
    the amount due and the costs and fees incurred, the Carrier shall
    be entitled to recover the deficit from the Merchant.
      
(B) If the Goods are unclaimed during a reasonable time, or whenever in
    the Carrier's opinion the Goods will become deteriorated, decayed or
    worthless, the Carrier (without responsibility to it) may at its
    discretion and subject to its lien, sell, abandon, or otherwise
    dispose of such Goods at the sole risk and expense of the Merchant.
   
21. Freight and Charges
(A) Freight 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 the contents, weight,
    measure, or value as furnished by him at the time of receipt of the
    Goods by the Ocean or Inland Carrier, but the Carrier for the purpose
    of ascertaining the actual particulars may at any time and at the
    risk and expense of the 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, the Merchant shall be liable for and bound to
    pay to the Carrier: (1) the balance of freight between the freight
    charged and that which would have been due had the correct details
    been given, plus (2) expenses incurred in determining the correct
    details, plus (3) as liquidated and ascertained damages, an
    additional sum equal to the correct freight.
  
(B) Full freight to the port of discharge or place of delivery shall be
    considered as completely earned on receipt of the Goods by the
    Carrier, whether the freight be stated or intended to be prepaid
    or to be collected at destination.  The Carrier shall be entitled
    to all freight and other charges due hereunder, whether actually
    paid or not and to receive and retain such freight and charges under
    any circumstances, whether the Vessel and/or the Goods be lost or
    not, or the voyage be broken up, frustrated, or abandoned at any
    stage of the entire transit.  Full freight shall be paid on damaged
    or unsound Goods.
  
(C) The Payment of freight and/or charges shall be made in full and
    in cash without any offset, counter claim, 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 subject to the regulators of the freight conference
    concerned, if any, or custom at the place of payment.
  
(D) Goods once received by the Carrier cannot be taken away or disposed
    of by the Merchant except upon the Carrier's consent and after
    payment of full freight and compensation for any loss sustained
    by the Carrier through such taking away or disposal.
  
(E) If the Goods are not available when the Vessel is ready to load:
  (1) The Carrier is relieved of any obligation to load such Goods and
      the Vessel may leave the port without further notice.
  
  (2) Unless the unavailability arises in the course of combined
      transport and is caused by the failure of an Inland Carrier to
      perform its obligations under this Bill of Lading, dead freight
      shall be paid by the Merchant.
  
(F) The Merchant shall be liable for and shall indemnify the Carrier
    against:
  
  (1) all dues, duties, taxes, consular fees, and other charges levied
      on the Goods, and
  
  (2) all fines, damages and losses sustained by the Carrier in
      connection with Goods, howsoever caused, including the Merchant's
      failure to comply with laws and regulations of any public
      authority in connection with the Goods, or failure to
      procure consular, Board of Health, or other certificates to
      accompany the Goods.  The Merchant shall be liable for return
      freight and changes on any Goods refused exportation or
      importation by any public authority.
        
(G) If the Carrier is of the opinion that the Goods are in need of
    sorting, inspecting, mending, repairing, or reconditioning, or
    otherwise require protecting or caring for, the Carrier at its
    discretion may, by itself or through Subcontractors, and as agent
    for the Merchant, carry out such work at the risk and expense of
    the Merchant.
     
(H) The shipper, consignor, consignee, owner of the Goods and holder
    of this Bill of Lading shall be jointly and severally liable to the
    Carrier for the payment of all freight and charges and for the
    performance of the obligations of any of them under this Bill of
    Lading.
    
22. Notice of Claim and Time for Suit against Carrier
(A) Unless notice of loss or damage and the general nature of such loss
    or damage be given in writing to the Carrier at the port of
    discharge or place of delivery before or at the time of delivery of
    the Goods or, if the loss or damage is not apparent, within 3 days
    after delivery, the Goods shall be deemed to have been delivered as
    described in this Bill of Lading.
       
(B) Where the loss has occurred in the custody of a Inland Carrier, the
    Carrier shall be discharged from all liability in respect of loss
    unless notice of claim is filed and suit is brought within nine (9)
    months after delivery of the Goods or the date when the Goods should
    have been delivered or the time period prescribed by the Inland
    Carrier's contract of carriage, tariff or by law covering such
    Inland Carrier or overland carriage whichever is less (in the
    United States, pursuant to the Carmack Amendment, 49 U.S.C.
    Sec.11-107(a), suit must be brought within nine months).
  
(C) In any event, the Carrier shall be discharged from all liability
    in respect of the Goods, including without limitation nondelivery,
    misdelivery, delay, loss, or damage, unless suit has been brought
    within one year after delivery of the Goods or the date when the
    Goods should have been delivered.  Suit shall not be considered to
    have been "brought" within the time specified unless process shall
    have been served on a jurisdiction obtained over the Carrier within
    such time.
         
23. Limitation of Liability 
(A) Subject to subpart (B) below for the purpose of determining the
    extent of the Carrier's liability for loss of or damage to the Goods,
    the Merchant agrees that the value of the Goods is the Merchant's net
    invoice cost, plus freight and insurance premium, if paid.  The
    Carrier shall not be liable for any loss of profit or any
    consequential loss.
  
(B) Insofar as the loss of or damage to or in connection with the Goods
    was caused during the part of the custody or carriage to which the
    applicable version of the Hague Rules applies:
  
  (1) The Carrier shall not be liable for loss or damage in an amount
      exceeding the minimum allowable per package or unit in the
      applicable version of the Hague Rules.  Each unpackaged vehicle,
      or other piece of unpackaged cargo on which freight is calculated,
      constitutes one unit.  The limitation in Article IV (5) of the
      Hague Rules is deemed to be the nominal value of GBP 100.
      Article IX of the Hague Rules is deemed to be deleted.  Carrier's
      maximum liability shall in no event exceed either GBP 100 lawful
      money of the United Kingdom per package or unit, or USD 2.00 per
      kilogram of gross weight of the Goods lost or damaged, or the
      actual value of such goods whichever is less, unless the nature
      or value of such Goods have been declared by the Shipper before
      shipment and inserted on the reverse side of this Bill of Lading
      and extra freight paid.
    
  (2) The limitation amount when U.S. COGSA is applicable is an amount
      not exceeding USD 500 per package or customary freight unit, but
      not more than the actual value of the goods lost or damaged,
      unless the value (and nature) of Goods higher than this amount
      has been declared in writing by the Merchant before receipt of
      the Goods by the Carrier and inserted on the face of this Bill
      of Lading and extra freight has been paid as required.  Each
      unpackaged vehicle, or other piece of unpackaged cargo on which
      freight is calculated, constitutes one customary freight unit.
      If the actual value of the Goods per package or unit exceeds
      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.  Any partial loss or damage shall
      be adjusted pro rata on the basis of such declared value.  If the
      declared value has been willfully misstated or is markedly higher
      than the actual value, the Carrier shall not be liable to pay any
      compensation.
  
  (3) Where the cargo has been packed into a container or unitized into
      a similar article of transport by or on behalf of the Merchant,
      it is expressly agreed that the number of such containers or
      similar articles of transport shown on the face of this Bill of
      Lading shall be considered as the number of the packages or units
      for the purpose of the application of the limitation of liability
      provided for in this Article.
  
  (4) Under no circumstances shall the Carrier be liable for the loss of
      or damage to any items or merchandise not declared in writing by
      the Merchant to the Carrier, including without limitation any items,
      merchandise or personal effects placed by the Merchant or his agent
      or representative in any package or vehicle or container.  The
      Merchant further agrees to indemnify the Carrier against all
      consequences, expenses and damages of any kind arising or
      resulting from Merchant's failure to disclose in writing any
      description or particular or item, including merchandise or
      personal effects, to the Carrier.
    
24. General Average: New Jason Clause
(A) General average shall be adjusted, stated and settled at any port or
    place as the Carrier's option and according to the York-Antwerp
    Rules, 1974 and as to matters not provided for by these Rules,
    according to the laws and usages of the port or place of adjustment
    and in the currency selected by the Carrier.  The general average
    statement shall be prepared by the adjusters appointed by the
    Carrier.  Average agreement or bond and such cash deposit as the
    Carrier may deem sufficient to cover the estimated contribution of
    the Goods and any salvage and special charges thereon and any other
    additional securities as the Carrier may require shall be furnished
    by the Merchant to the Carrier before delivery of the Goods.
        
(B) 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 consequence
    of which the Carrier is not responsible by statue, contract, or
    otherwise, the Goods and the Merchant shall jointly and severally
    contribute with the 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.  If a salvage ship is owned or
    operated by the Carrier, salvage shall be paid for as fully and in
    the same manner as if such salvaging ship belonged to strangers.
    
25. Both to Blame Collision
If the Vessel comes into collision with another ship as a result of the
negligence of the other ship and any act, neglect, or default of the
Master, mariner, pilot, or servants of the owner of the Vessel in the
navigation or in the management of the Vessel, the Merchant shall
indemnify the Carrier against all loss or liability which might be
incurred directly or indirectly to the other or non-carrying ship or
her owners insofar as such loss or liability represents loss of or
damage to his Goods or any claim whatsoever of the Merchant paid or
payable by the other or non-carrying ship or her owners to the Merchant
and set-off, recouped, or recovered by the other or non-carrying ship
or her owners as part of their claim against the carrying Vessel or its
owner.  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 contact stranding or other accident. 
    
26. General Provisions: Rust, etc.
The term "apparent good order and condition" when used in this Bill of
Lading does not mean with reference to iron, steel, or metal products,
including machinery and motor vehicles, that the Goods when received were
free from visible rust or moisture.  It is agreed that superficial rust,
oxidation or any other condition due to moisture is not a condition of
damage but is inherent to the nature of the Goods.
    
27. Intermodal Transportation 
(A) This Bill of Lading may be issued for Intermodal Transportation in
    any country.  When so issued as between the Merchant and an Inland
    Carrier custody and carriage of the Goods by the Inland Carrier are
    subject to the relevant laws, regulations, tariffs and bill of lading
    are available from the Ocean or Inland Carrier upon request.
  
(B) Claims by the Merchant against an Inland Carrier for loss or damage
    shall be given and suit commenced as provided in the Inland Carrier's
    applicable bill of lading
   
28. Carrier's Tariff
The terms of the Carrier's applicable Tariff are incorporated herein.
Copies of the relevant provisions of the applicable Tariff are obtainable
from the Carrier upon request.  In the case of inconsistency between the
Bill of Lading and the applicable Tariff, this Bill of Lading shall
prevail except that the applicable Tariff shall govern as to freight.
    
29. Severability of Terms
The terms of this Bill of Lading are severable and if any part or term
is declared invalid or unenforceable, the validity or enforceability, of
any other part or term shall not be affected.

Table Of Contents