Effective	05SEP2022
Filed	05SEP2022
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. The Terms and Conditions of Carrier's regular long form B/L are as
   follows:
  
Definitions 
 
- "Freight Forwarder" means the person/Multimodal Transport Operator who
 issues this Waybill (SWB) and is named on the face of it and assumes
 liability for the performance of this contract as a carrier. 
 
- "Merchant" means and includes the Shipper, the Consignor, the Consignee,
 the Receiver and the Owner of the Goods. 
 
- "Consignor means the person who concludes this SWB with the Freight
 Forwarder. 
 
- "Consignee" means the person named in or identifiable as such from this
 transport contract. 
 
- "Taken in charge" means that the Goods have been handed over to and
 accepted for carriage by the Freight Forwarder at the place of receipt
 evidenced in this SWB. 
 
- "Goods" means any property including live animals as well as containers,
 pallets or similar articles of transport or packaging not supplied by the
 Freight Forwarder, irrespective of whether such property is to be or is
 carried on or under deck. 
 
1. Applicability  These conditions shall also apply if the transport as
 described in this SWB is performed by only one mode of transport. 
 
2. Issuance of this SWB 
 
2.1. By issuance of this SWB the Freight Forwarder 
 
a) undertakes to perform and/or in his own name to procure the performance of
 the transport, from the place at which the Goods are taken in charge (place
 of receipt evidenced In this SWB) to the place of delivery designated in
 this SWB; 
 
b) assumes liability as a carrier as set out in these conditions  2.2 Subject
 to the conditions of this SWB the Freight Forwarder shall be responsible for
 the acts and omissions of his servants or agents acting within the scope of
 their employment, or any other person of whose services he makes use for the
 performance of the contract evidenced by this SWB, as if such acts and
 omissions were his own. 
 
3. Agency 
 
3.1. The Consignor on entering into this transport contract does so not only
 on his own behalf but also as agent for and on behalf of the Consignee, and
 warrants to the Freight Forwarder that he has authority so to do. 
 
3.2. This rule shall apply if, and only if, it be necessary by the law
 applicable to this transport contract so as to ennble the Consignee to sue
 and be sued thereon. The Consignee shall be under no greater liability than
 he would have been had the transport contract been covered by a bill of
 lading or similar document of title. 
 
4. Right of control 
 
4.1. Unless the Consignor has exercised his option under clause 4.2. below,
 he shall be the only party entitled to give the Freight Forwarder
 instructions in relation to this transport contract. Unless prohibited by
 the applicable law, he shall be entitled to change the name of the Consignee
 at any time up to the Consignee claiming delivery of the Goods after arrival
 at destination, provided he gives the Freight Forwarder reasonable notice in
 writing, or by some other means acceptable to the Freight Forwarder, thereby
 undertaking to indemnity the Freight Forwarder against any additional
 expense caused thereby.
 
4.2. The Consignor shall have the option, to be exercised not later than upon
 the receipt of the Goods by the Freight Forwarder, to transfer the right of
 control to the Consignee. The exercise of this option must be noted on the
 SWB prior to or at the time of its issue. Where the option has been
 exercised the Consignee shall have such rights as are referred to in clause
 4.1. above and the Consignor shall cease to have such rights. 
 
5. Dangerous Goods and Indemnity 
 
5.1. The Merchant shall comply with rules which are mandatory according to
 the national law or by reason of international convention, relating to the
 carriage of Goods of a dangerous nature, and shall in any case inform the
 Freight Forwarder in writing of the exact nature of the danger before Goods
 of a dangerous nature are taken in charge by the Freight Forwarder and
 indicate to him, if need be, the precautions to be taken. 
 
5.2. If the Merchant fails to provide such information and the Freight
 Forwarder is unaware of the dangerous nature of the Goods and the necessary
 precautions to be taken and if, at any time, they are deemed to be a hazard
 to life or property, they may at any place be unloaded, destroyed or
 rendered harmless, as circumstances may require, without compensation. The
 Merchant shall indemnify the Freight Forwarder against all loss, damage,
 liability, or expense arising out of their being taken in charge, or their
 carriage, or of any service incidental thereto. The burden of proving that
 the Freight Forwarder know the exact nature of the danger constituted by the
 carriage of the said Goods shall rest on the Merchant 
 
5.3. If any Goods shall become a danger to life or property, they may in like
 manner be unloaded or landed at any place or destroyed or rendered harmless.
 If such danger was not caused by the fault and neglect of the Freight
 Forwarder he shall have no liability and the Merchant shall indemnity him
 against all loss, damage, liability and expense arising therefrom. 
 
6. Description of Goods and Merchant's Packing and Inspection 
 
6.1. The information in this SWB shall be prima facie evidence of the taking
 in charge by the Freight Forwarder of the Goods as described by such
 information unless a contrary indication, such as "shipper's weight, load
 and count", "shipper-packed container" or similar expressions, has been made
 in the printed text or superimposed on this SWB. 
 
6.2. The Consignor shall be deemed to have guaranteed to the Freight
 Forwarder the accuracy, at the time the Goods were taken in charge by the
 Freight Forwarder, of all particulars relating to the general nature of the
 Goods, their marks, number, weight, volume and quantity and, if applicable,
 to the dangerous character of the Goods, as furnished by him or on his
 behalf for insertion on the SWB.  The Consignor shall indemnify the Freight
 Forwarder against all loss, damage and expense resulting from any inaccuracy
 or inadequacy of such particulars. 
 
6.3. The Freight Forwarder shall not be liable for any loss, damage or
 expense caused by defective or insufficient packing of Goods or by
 inadequate loading or packing within containers or other transport units
 when such loading or packing has been performed by the Merchant or on his
 behalf by a person other than the Freight Forwarder, or by the defect or
 unsuitability of the containers or other transport units supplied by the
 Merchant, or if supplied by the Freight Forwarder if a defect or
 unsuitability of the container or other transport unit would have been
 apparent upon reasonable inspection by the Merchant. The Merchant shall
 indemnity the Freight Forwarder against all loss, damage, liability and
 expense so caused 
 
6.4. The right of the Freight Forwarder to an indemnity as per clause 6.2 and
 6.3. shall in no way limit his ability under this SWB to any person other
 than the Consignor. 
 
7. Freight Forwarder's Liability 
 
7.1. The responsibility of the Freight Forwarder for the Goods under these
 conditions covers the period from the time the Freight Forwarder has taken
 the Goods in his charge to the time of their delivery. 
 
7.2. The Freight Forwarder shall be liable for loss of or damage to the Goods
 as well as for delay in delivery if the occurrence which caused the loss,
 damage or delay in delivery took place while the Goods were in his charge,
 unless the Freight Forwarder proves that no fault or neglect of his own, his
 servants or agents or any other person referred to in clause 2.2. has caused
 or contributed to such loss, damage or delay. However, the Freight Forwarder
 shall only be liable for loss following from delay in delivery if the
 Consignor has made a declaration of interest in timely delivery which has
 been accepted by the Freight Forwarder.
 
7.3. Arrival times are not guaranteed by the Freight Forwarder. However,
 delay in delivery occurs when the Goods have not been delivered within the
 time expressly agreed upon or, in the absence of such agreement, within the
 time which would be reasonable to require of a diligent Freight Forwarder,
 having regard to the circumstances of the case. 
 
7.4. If the Goods have not been delivered within ninety consecutive days
 following such date of delivery as determined in clause 7.3., the claimant
 may, in the absence of evidence to the contrary, treat the Goods as lost. 
 
7.5. When the Freight Forwarder establishes that, in the circumstances of the
 case, the loss or damage could be attributed to one or more causes or
 events, specified in a)-e) of the present clause, it shall be presumed that
 it was so caused, always provided, however, that the claimant shall be
 entitled to prove that the loss or damage was not, in fact, caused wholly or
 partly by one or more of such causes or events: 
 
a) an act or omission of the Merchant, or person other than the Freight
 Forwarder acting on behalf of the Merchant or from whom the Freight
 Forwarder took the Goods in charge; 
 
b) insufficiency or defective condition of the packaging or marks and/or
 numbers; 
 
c) handling, loading, stowage or unloading of the Goods by the Merchant or
 any person acting on behalf of the Merchant;
 
d) inherent vice of the Goods; 
 
e) strike, lockout, stoppage or restraint of labour. 
 
7.6. Defences for carriage by sea or inland waterways  Notwithstanding
 clauses 7.2, 7.3. and 7.4. the Freight Forwarder shall not be liable for
 loss, damage or delay in delivery with respect to Goods carried by sea or
 inland waterways when such loss, damage or delay during such carriage has
 been caused by: 
 
a) act, neglect, or default of the master, mariner, pilot or the servants of
 the carrier in the navigation or in the management of the ship, 
 
b) fire, unless caused by the actual fault or privity of the carrier,
 however, always provided that whenever loss or damage has resulted from
 unseaworthiness of the ship, the Freight Forwarder can prove that due
 diligence has been exercised to make the ship seaworthy at the commencement
 of the voyage. 
 
8. Paramount Clauses 
 
8.1. These conditions shall only take effect to the extent that they are not
 contrary to the mandatory provisions of international conventions or
 national law applicable to the contract evidenced by this SWB.
 
8.2. The Hague Rules contained in the International Convention for the
 unification of certain rules relating to Bills of Lading, dated Brussels
 25th August 1924, or in those countries where they are already in force the
 Hague-Visby Rules contained in the Protocol of Brussels, dated 23rd February
 1968, as enacted in the country of shipment. shall apply to all carriage of
 goods by sea and also to the carriage of goods by inland waterways, and such
 provisions shall apply to all Goods whether carried on deck or under deck. 
 
8.3. The Carriage of Goods by Sea Act of the United States of America (US
 COGSA) shall apply to the carriage of Goods by sea, whether on deck or under
 deck, if compulsorily applicable to this SWB or would be applicable but for
 the Goods being carried on deck in accordance with a statement on this SWB. 
 
9. Limitation of Freight Forwarder's Liability 
 
9.1. Assessment of compensation for loss of or damage to the Goods shall be
 made by reference to the value of such Goods at the place and time they are
 delivered to the Consignee or at the place and time when, in accordance with
 this SWB, they should have been so delivered. 
 
9.2. value of Goods of the same kind and quality. 
 
9.3. Subject to the provisions of clauses 9.4. to 9.9. inclusive, the Freight
 Forwarder shall in no event be or become liable for any loss of or damage to
 the Goods in an amount exceeding the equivalent of 666.67 SDR per package or
 unit or 2 SDR per kilogramme of gross weight of the Goods lost or damaged,
 whichever is the higher, unless the nature and value of the Goods shall have
 been declared by the Consignor and accepted by the Freight Forwarder before
 the Goods have been taken in his charge, or the ad valorem freight rate
 paid, and such value is stated in the SWB by him, then such declared value
 shall be the limit. 
 
9.4. Where a container, pallet or similar article of transport is loaded with
 more than one package or unit, the packages or other shipping units
 enumerated in the SWB as packed in such article of transport are deemed
 packages or shipping units. Except as aforesaid, such article of transport
 shall be considered the package or unit. 
 
9.5. Notwithstanding the above mentioned provisions, if the transport does
 not, according to the contract, include carriage of goods by sea or by
 inland waterways, the liability of the Freight Forwarder shall be limited to
 an amount not exceeding 8.33 SDR per kilogramme of gross weight of the Goods
 lost or damaged. 
 
9.6. a) When the loss of or damage to the Goods occurred during one
 particular stage of the transport, in respect of which an applicable
 International convention or mandatory national law would have provided
 another limit of liability if a separate contract of carriage had been made
 for that particular stage of transport, then the limit of the Freight
 Forwarder's liability for such loss or damage shall be determined by
 reference to the provisions of such convention or mandatory national law. 
 
b) Unless the nature and value of the Goods shall have been declared by the
 Merchant and inserted in this SWB, and the ad valorem freight rate paid, the
 liability of the Freight Forwarder under US COGSA, where applicable, shall
 not exceed US$ 500 per package or in the case of Goods not shipped in
 packages, per customary freight unit. 
 
9.7. If the Freight Forwarder is liable in respect of loss following from
 delay in delivery, or consequential loss or damage other than loss of or
 damage to the the liability of the Freight Forwarder shall be limited to an
 amount not exceeding the equivalent of twice the freight for the transport
 under this SWB. 
 
9.8. The aggregate liability of the Freight Forwarder shall not exceed the
 limits of liability for total loss of the Goods.
 
9.8. The Freight Forwarder is not entitled to the benefit of the limitation
 of liability if it is proved that the loss, damage or delay in delivery
 resulted from a personal act or omission of the Freight Forwarder done with
 the intent to cause such loss, damage or delay, or recklessly and with
 knowledge that such loss, damage or delay would probably result. 
 
10. Applicability to Actions in Tort  These conditions apply to all claims
 against the Freight Forwarder relating to the performance of the contract
 evidenced by this SWB, whether the claim be founded in contract or in tort. 
 
11. Liability of Servants and other Persons 
 
11.1. These conditions apply whenever claims relating to the performance of
 the contract evidenced by this SWB are made against any servant, agent or
 other person (including any independent contractor) whose services have been
 used in order to perform the contract, whether such claims are founded in
 contract or in tort, and the aggregate liability of the Freight Forwarder
 and of such servants, agents or other persons shall not exceed the limits in
 clause 9. 
 
11.2. In entering into this contract as evidenced by this SWB, the Freight
 Forwarder, to the extent of these provisions, does not only act on his own
 behalf, but also as agent or trustee for such persons, and such persons
 shall to this extent be or be deemed to be parties to this contract. 
 
11.3. However, if it is proved that the loss of or such loss or damage to the
 Goods resulted from a personal act or omission of such a person referred to
 in clause 11.1., done with intent to cause damage, or recklessly and with
 knowledge that damage would probably result, such person shall not be
 entitled to benefit of limitation of liability provided for in clause 9. 
 
11.4. The aggregate of the amounts recoverable from the Freight Forwarder and
 the persons referred to in clauses 2.2. and 11.1. shall not exceed the
 limits provided for in those conditions. 
 
12. Method and Route of Transportation  Without notice to the Merchant, the
 Freight Forwarder has the liberty to carry the Goods on or under deck and to
 choose or substitute the means, route and procedure to be followed in the
 handling, stowage, storage and transportation of the Goods. 
 
13. Delivery 
 
13.1. Goods shall be deemed to be delivered when they have been handed over
 or placed at the disposal of the Consignee or his agent in accordance with
 this SWB or with the law or usage of the particular trade applicable at the
 place of delivery, or when the Goods have been handed over to any authority
 or other party to whom, pursuant to the law or regulation applicable at the
 place of delivery, the Goods must be handed over, or such other place at
 which the Freight Forwarder is entitled to call upon the Merchant to take
 delivery.
 
13.2. In case it proves impossible to perform or procure the performance of
 all acts necessary to ensure delivery of the Goods the Freight Forwarder
 shall also be entitled to store the Goods at the sole risk of the Merchant,
 and the Freight Forwarder's liability shall cease, and the cost of such
 storage shall be paid, upon demand, by the Merchant to the Freight
 Forwarder. 
 
13.3. The Freight Forwarder shall not be liable for incorrect delivery,
 unless he has failed to exercise reasonable care to ascertain that the party
 claiming to be the Consignee is in fact that party. 
 
13.4. If at any time the carriage under this SWB is or is likely to be
 affected by any hindrance of risk of any kind (including the condition of
 the Goods) not arising from any fault or neglect of the Freight Forwarder or
 a person referred to in clause 2.2. and which cannot be avoided by the
 exercise of reasonable endeavour the Freight Forwarder may:  abandon the
 carriage of the Goods under this SWB and, where reasonably possible, place
 the Goods or any part of them at the Merchant's disposal at any place which
 the Freight Forwarder may deem safe and conve nient, whereupon delivery
 shall be deemed to have been made, and the responsibility of the Freight
 Forwarder in respect of such Goods shall cease.  In any event, the Freight
 Forwarder shall be entitled to full freight under this SWB and the Merchant
 shall pay any additional costs resulting from the above mentioned
 circumstances. 
 
14. Freight and Charges 
 
14.1. The terms and conditions of the Freight Forwarder's applicable tariff,
 if any, are incorporated herein, Copies of the relevant terms and conditions
 thereof are available from the Freight Forwarder upon request. In the case
 of inconsistency between this SWB and the applicablo tariff the SWB shall
 prevail.  All dues, taxes and charges or other expenses in connection with
 the Goods shall be paid by the Merchant. Where equipment is supplied by the
 Freight Forwarder, the Merchant shall pay all demurrage and charges which
 are not due to a fault or neglect of the Freight Forwarder. 
 
14.2. Freight shall be paid in cash, without any reduction or deferment on
 account of any claim, counterclaim or setoff, whether prepaid or payable at
 destination. Freight shall be considered as earned by the Freight Forwarder
 at the moment when the Goods have been taken in his charge, and not to be
 returned in any event.
 
14.3. Freight and all other amounts mentioned in this SWB are to be paid in
 the currency named in this SWB or, at the Freight Forwarder's option, in the
 currency of the country of dispatch or destination at the highest rate of
 exchange for bankers sight bills current for prepaid freight on the day of
 dispatch and for freight payable at destination on the day when the Merchant
 is notified on arrival of the Goods there or on the date of withdrawal of
 the delivery order, whichever rate is the higher, or at the option of the
 Freight Forwarder on the date of this FWB.
 
14.4. The Merchant shall reimburse the Freight Forwarder in proportion to the
 amount of freight for any costs for deviation or delay or any other increase
 of costs of whatever nature caused by war, warlike oparations, epidemics,
 strikes, government directions or force majeure. 
 
14.5. The Merchant warrants the correctness of the declaration of contents,
 insurance, weight, measurements of value of the Goods but the Freight
 Forwarder has the liberty to have the contents inspected and the weight,
 measurements or value verified. If on such inspection it is found that the
 declaration is not correct it is agreed that a sum equal either to five
 times the difference between the correct figure and the freight charged, or
 to double the correct freight less the freight charged, whichever sum is the
 smaller, shall be payable as liquidated damages to the Freight Forwarder for
 his inspection costs and losses of freight on other Goods notwithstanding
 any other sum having been stated on this SWB as freight payable. 
 
14.6. Despite the acceptance by the Freight Forwarder of instructions to
 collect freight, charges or other expenses from any other person in respect
 of the transport under this SWB, the Marchant shall remain responsible for
 such monies on receipt of evidence of demand and the absence of payment for
 whatever reason. 
 
15. Lien  The Freight Forwarder shall have a lien on the Goods and any
 documents relating thereto for any amount due at any time to the Freight
 Forwarder from the Merchant including storage fees and the cost of
 recovering same, and may enforce such lien in any reasonable manner which he
 may think fit. 
 
16. General Average  The Merchant shall indemnify the Freight Forwarder in
 respect of any claims of a General Average nature which may be made on him
 and shall provide such security as may be required by the Freight Forwarder
 in this connection. 
 
17. Notice 
 
17.1. Unless notice of loss of or damage to the Goods, specifying the general
 nature of such loss or damage, is given in writing by the Consignee to the
 Freight Forwarder when the Goods are delivered to the Consignee in
 accordance with clause 13., such handing over is prima facie evidence of the
 delivery by the Freight Forwarder of the Goods as described in this SWB. 
 
17.2. Where the loss or damage is not apparent, the same prima facie effect
 shall apply if notice in writing is not given within 6 consecutive days
 after the day when the Goods were delivered to the Consignee in accordance
 with clause 13. 
 
18. Time bar  The Freight Forwarder shall, unless otherwise expressly agreed,
 be discharged of all liability under these conditions unless suit is brought
 within 9 months after the delivery of the Goods, or the date when the Goods
 should have been delivered, or the date when in accordance with clause 7.4.
 failure to deliver the Goods would give the Consignee the right to treat the
 Goods as lost. 
 
19. Partial Invalidity  If any clause or a part thereof is held to be
 invalid, the validity of this SWB and the remaining clauses or a part
 thereof shall not be affected. 
 
20. Jurisdiction, arbitration and applicable law  Unless otherwise agreed in
 writing, actions against the Freight Forwarder may be instituted only in the
 place where the Freight Forwarder has his place of business as stated on the
 reverse of this SWB and shall be decided according to the law of the country
 in which that place of business is situated. 

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