Effective	24MAR2011
Filed	24MAR2011
Filing Codes	C

Control No. 11-04580
     
TERMS AND CONDITIONS
    
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 bill of ladings MUST show the name and address of
 both the Shipper/Consignor and the Consignee; the total weight and
 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. The Terms and Conditions of Carrier's regular long form B/L are as
 follows:
    
1. DEFINITIONS - The following words both on the back and face here
 of have the meanings hereby assigned
    
A. "Ship" - includes vessel ship craft, lighter barge lash feeder
 ship, ferry or other means of transport to be substituted in whole or
 in part for the vessel named on the face hereof.
    
B. "Carrier" - Includes EVER-LEADING INTERNATIONAL, INC. and the ship
 and/or her owner, demise charter, if bound hereby, the time charter
 and any substituted Carrier whether any of them is acting as carrier
 or bailey.
    
C. "Underlying Carrier" - includes any water, rail or other Carrier
 utilized by the Carrier, for any part of the transportation of the
 shipment.
    
D. "Merchant" - means the shipper, the consignee, the holder of the
 bill of lading, the received, and or owner of the goods and any
 person either owning or being entitled to the possession. 
    
E. "Person" - includes any individual, corporation, partnership or
 other entity
    
F. "Goods" - means the cargo described on the face of this bill of
 lading and, if the cargo is packed into containers supplied by or on
 behalf of the merchant includes containers as well. 
    
G. "Charges" - includes freight, dead-freight, additional freight
 sub-freight, demurrage, storage, advance charges, general average or
 salvage obligations or both, and all other expenses cost, indemnities
 damages, money obligations whatsoever payable by or chargeable to or
 for the account of the goods, shipper, consignee, or any of them.
 Regardless of whether sustained, incurred or paid by the Carrier in
 the first instance.
    
H. "Package" - includes containers, vans, boilers, palletized units,
 animals and all pieces, articles, or things of any description
 whatsoever except goods shipped in bulk.
    
2. CLAUSE PARAMOUNT The contract evidenced in this bill of lading
shall have effect subject to the Hague Rules contained in the
International Convention for the Unification of Certain Rulers
compulsorily applicable to the Bill of Lading including the Carrier
of Goods by Sea Act of the U.S.A. approved in April 16,1936. The act
shall be deemed incorporated herein and made a part of this Bill of
Lading contract and nothing here in contained shall be deemed
surrendered by the Carrier of any of its rights and immunities or an
increase of its responsibilities or liabilities under the said Act.
The provisions cited in, the Act shall (except as maybe otherwise
specifically provided here in). The Carrier shall be entitled to the
full benefit of and right to all limitation of or exemptions from
liability authorized of the Revised Statutes of the United States and
amendments there to and of any other provisions of the law of the
United States of any other country whose laws shall apply.
    
a. Inland Transportation - With respect to inland transportation in
 the United States (except as specified in Clause 2 above) either
 prior to or subsequent to the time the Carriers have custody of the
 goods or container, such inland carriage will be governed by subject
 to the terms and conditions of the Underlying Carrier's bill of
 lading and or the ICC Uniform bill of lading together with the
 underlying Carrier's tariff which shall be incorporated herein as if
 set forth as length. In any event, the liability of the Carrier shall
 under no circumstances be great than that of the Underlying Carrier's
 contracts of damage and the Carrier shall be entitled to all of the
 rights, defenses, limitations, and exemptions from liability
 contained therein. 
    
3. EXEMPTIONS AND IMMUNITIES OF SERVANTS, AGENTS, STEVEDORES, ETC.
In contracting for the following exemptions and limitations of and
exonerations from liability, the Carrier is acting as agent and
trustee for all other persons named on this clause. It is understood
and agreed that, other than the Carrier, no person, firm or
corporation or other legal entity whatsoever (including the Master,
officers and crew of the vessel, all agents and all terminal
operators, stevedores and all other independent contractors
whatsoever) is, or shall be deemed to be liable with respect to the
goods as carrier, bailey or other. If, however it shall be adjudged
that anyone other than the  Carrier is the Carrier or the bailey of
the goods or under any responsibility with respect thereto, all
exemptions and limitations of and exoneration from liability provided
by law or by terms hereof shall be available to such other. It is
also agreed that each of these persons and companies referred to
above are intended beneficiaries, but nothing herein contained shall
be construed to limit or to relieve them from liability to the
Carrier for acts arising or resulting from their fault or neglect.
    
4. SCOPE OF VOYAGE The intended transport may include the use of
barges, feeder ships, overland or air transport to or from the port
of loading or place of receipt of the goods (if named herein) or from
or to the port of discharge or  place of delivery, if named here in
this regard the claimer may at any time and without notice to the
merchant use any means of transport or storage whatsoever and may
transfer the goods form one conveyance to another vessel than the
vessel named on the face hereof or on any other means of transport
whatsoever even though transshipment, or forwarding of the goods may
not have been contemplated provided for here in. The voyage may or
may not include all usual schedule, geographic, direct, customary,
ordinary or advertised routes ports or places whether or not named or
disclosed in this bill of lading. For any reason which the carrier or
master may deem advisable whether relating to the current or a prior,
intermediate, subsequent or overlapping voyage, or matters occurring,
known or anticipated before or after receipt or loading of the goods
and whether or not the voyage may have commenced the ship, at any
stage of the voyage and without notice to the merchant.
    
i.) may proceed under any conditions of sea and weather, depart from or
 change the intended schedule, geographic, direct, customary ordinary
 or advertised route and proceed in any direction by any route, or
 return to or call at or stay or delay at any ports or places in any
 rotation, sequence or order backward or forward or omit calling at
 any ports or place
    
ii.) maybe also at any time or place with or without goods aboard,
 proceed under sail or in two, adjust compasses carry live stock, deck
 cargo and dangerous goods, dig dock go on ways or to repair yard shift
 or places in port, lie on the bottom or at sail in or out of ports or
 elsewhere without pilots. The Carrier's sailing schedules are subject
 to change without notice both as sailing date and date of arrival. If
 this is a thorough bill of lading, no Carrier is bound to transport the
 shipment by any particular train, truck, aircraft, or vessel, or in
 time for any particular market or otherwise than with reasonable
 dispatch, no Carrier shall be liable for delay and any carrier shall
 have the right to forward the goods by substitute Carrier. The
 provisions of with reasonable dispatch, no Carrier shall be liable for
 delay and any Carrier shall have the right to forward the goods by
 substitute Carrier. The provisions of this clause are not to be
 restricted by any words of this bill of lading whether printed,
 stamped, or incorporated here in or by prior notice.  
    
5. LIBERTIES CLAUSE- In any situation whether or not existing or
anticipated before commencement or during the transport, which in the
judgment of the Carrier (including the underlying Carrier and or the
purpose of this clause any other person charged with the transport or
safekeeping of the goods). If it has been given or is likely to be
given rise to danger, injury, loss, delay, risk of capture, seizure
or detention, or disadvantage of nature to the ship, a vehicle, the
Carrier any person the goods or any property , or to make it in any
way unsafe, impracticable or unlawful or against the interest of the
dispose of carrier or the merchant to commerce or continue the
transport or discharge the goods at the port of discharge or deliver
the goods at the place of delivery by the route and in the matter
originally intended by the Carrier. The Carrier will:
    
i.) at any time shall be entitled to unpack the containers or
 dispose the goods in such a way as the Carrier may deem advisable at
 the risk and expense of the merchant and or
    
ii.)  before the goods are loaded on the ship, vehicle or other means
 of transport at the place of receipt or port of loading shall be
 entitled to cancel the contract of damage without compensation and
 require the merchant to take delivery of them and upon his failure to
 do so, or place them anywhere at the risk and expense of the merchant
 and if the goods are at a place awaiting transshipment, it shall be
 entitled to terminate the transport there and to store at anyplace
 selected by the Carrier at the risk and expense of the merchants and
 or 
    
iii.) if the goods are loaded on the ship, a vehicle of 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 port thereof at any port of place selected by the
 Carrier of to carry them back to the port of loading of place of
 receipt and there discharge them any actions under c or d above shall
 constitute complete and final delivery and full performance of this
 contract and the Carrier thereafter be freed from any responsibility
 here under. 
    
a. If, after storage discharge or any actions according to the
 preceding paragraph, the Carrier makes arrangements to store and or
 transship and or forward the goods, it is agreed that he shall do so
 as agent only for and the sole risk and expense of the merchant
 without any liability in respect of such agency and they shall
 reimburse the Carrier upon demand all extra freight charges and extra
 expenses thereby incurred. 
    
b. The situations referred to in paragraph (i) above shall include,
 but not be limited to those caused by the existence or apprehension
 of war declare or undeclared hostilities, warlike or belligerent acts
 or operations not civil commotions or other disturbances closure of
 obstacle in or danger to any canal blockade of port or place or
 interdict or prohibition of or restriction on commerce or trading
 quantum, sanitary or other similar regulations or restrictions of
 port. If, sea terminal or any other place shortage, absence or
 obstacles of labor, shall not be deemed to be deviation.
    
c. In case the goods or their condition bring about, during the
 carriage, any risk of danger which tenders in the judgment of the
 master, unsuitable or unsafe for the ship to continue the navigation
 due to any cause or reason for which the Carrier is not responsible,
 the carrier may take any actions as provided for in paragraphs i and
 ii above, with the same effect as provided for in the case of
 paragraph a above. 
    
d. The Carrier in addition to all other liberties provided for in
 this clause shall have liberty to comply with order, directions,
 regulation, recommendations or suggestions as to departure arrival,
 route port of call stoppage loading discharge, handling destination
 delivery quarantine, or otherwise given by any government, public
 authorities or department there of or any person acting or opting to
 act with authority of such government, public authorities thereof or
 by any committee or person having under the terms of any insurance on
 the ship and the right to give such order directions, regulations,
 recommendations or suggestions. If by any reason of or in compliance
 with any such orders directions, regulations, recommendations or
 suggestions anything that is done or not done, the same shall be
 deemed to be included with in the contract of carriage and shall not
 be deemed to be a deviation.
       
e. The ship may carry contraband explosives, munitions warlike stored
 dangerous and hazardous cargo and may sail armed or unarmed with our
 without convey and with or without lights. 
    
f. Arrival dates are not guaranteed unless stamped on the face here
 of and the carrier shall not be liable for any acknowledgement of the
 Carrier is confined to the number and apparent order and condition of
 containers. 

6. SPECIAL CONTAINERS 
    
A. The Carrier shall not undertake to carry the goods refrigerated,
 heated, insulated, ventilated, or any other special containers not
 dry containers respectively, unless special arrangements for the
 carriage of such goods or containers have been agreed to in writing
 between the Carrier and the merchant and unless such special
 arrangements are noted not the face of this bill of lading and all
 special freight, as required has been paid. The Carrier shall not
 accept responsibility for the function of special containers
 supplied by on behalf of the merchant.
    
B. As regard to the goods which has been agreed to be carried in
 special containers, the carrier shall exercise due diligence to
 maintain the facilities of the special containers while they are in
 his actual custody and control and shall not be liable for any kind
 of loss or damage to the goods caused by latent defect derangements
 or breakage of facilities of the containers.
    
C. If the goods have been packed into refrigerated containers by the
 Carrier and the particular temperature range requested by the
 merchant is inserted in this bill of lading, the Carrier will set the
 thermostatic controls within the requested temperature range, but
 does not guarantee the maintenance of such temperature inside the
 containers.
    
D. If the cargo received by the Carrier is refrigerated containers
 into which the contents have been packed by or on behalf of the
 merchant, it is the obligation of the merchant to stow the contents
 properly and set the thermostatic controls exactly, the Carrier shall
 not be liable for loss or damage to the goods arising or resulting
 from the merchant's failure in such obligation and further does not
 guarantee the maintenance of the intended temperature inside the
 containers.

7. STOWAGE ON DECK 
    
A. The Carrier has the right to carry the goods in containers on
 deck whether the containers are owned or leased or have been packed
 or stuffed by or on behalf of the merchant or the carrier. When goods
 in containers are carried on deck, the Carrier is not required to
 specifically note, mark, or stamp any statement of on deck carriage
 on the face here of any custom to the contrary notwithstanding. The
 goods so carried shall be subject to the applicable Hague Rules as
 provided for in the Clause Paramount.
    
B. Goods stowed in coop, forecastle, deckhouse, shelter deck
 passenger space storeroom, bunker space or any other "covered in"
 space shall be deemed to be stowed under dock for all purposes
 including general average.
    
C. The Carrier shall not be liable in any capacity or any
 non-delivery, and delay or loss of or damage to the goods carried on
 deck which are specifically stated herein to be carried, whether or
 not caused by the Carrier's negligence or the ship's unseaworthiness
 or any act of neglect in the navigation or the managements of the
 ship direct or indirect loss or damage arising or resulting from
 delayed or earlier arrival of the goods or any damage or expenses
 incurred by the merchant because of any change in the date or time of
 sailing or arrival.

8. RESPONSIBILITY - The Carrier shall undertake responsibility from
 the place of receipt it named herein; or form the port of loading to
 the port of discharge or the place of delivery, if named herein as
 follow. 
    
a. Where loss or damage has occurred between the time of receipt of
 the goods by the carrier at the port of loading and the time of
 delivery by the Carrier at the port of discharge or during any prior
 or subsequent period of carriage by water or where it cannot be
 established where or in whose custody the loss or damage occurred.
 The liability of the Carrier shall be determined in accordance with
 appropriate Hague Rules Legislations as provided for in the
 provisions of Clause 2 of this bill of lading.
    
b. If it can be proven that the loss or damage occurred while the
 goods were in the custody of any underlying inland Carrier (except as
 specified in Clause 6a). The liability of the Carrier and the
 limitation thereof shall be determined in accordance with the
 provisions of Clause 2a of this bill of lading in the absence of the
 Underlying Carrier's contract of carriage of tariff, the carrier's
 liability and limitation thereof shall be determined in accordance
 with the internal-law of the nation where the loss or damage
 occurred.
    
9. UNKNOWN - Any reference on the face here of to mark numbers,
description, quality, quantity, gauge weight measure, nature kind
value and any other particulars of the goods as furnished by the
merchant and the Carrier shall not be responsible for the accuracy
thereof. The merchant warrants to the Carrier that the particulars
furnished by him are correct and shall indemnify the Carrier against
all loss, damage, expenses, liability, penalties and lines arising or
resulting from inaccuracy.
    
10. CONTAINER PACKED BY CARRIER - Where the goods receipt of which is
acknowledged on the face of the bill of lading are not already
contained in containers at the time of such receipt the Carrier
shall be at liberty to pack and carry such goods in containers.
   
11. CONTAINER PACKED BY MERCHANT RESPONSIBILTY  
    
a. Where the goods have been packed into containers or unitized into
 similar articles of transport by or on behalf of the merchant, it is
 mutually agreed that the contract contained in or evidenced on this
 bill of lading is a contract for the carriage of the containers or
 the similar of transport and the goods so packed or unitized therein
 and the following provisions for this article shall apply.
    
b. Any statements on this bill of lading relating to make and numbers
 and kind of packages, description quantity, quality, weight measure
 nature kind value or other particulars of the contents of such
 containers are as furnished by the merchant and are unknown to the
 Carrier and the carrier acceptance liability in respect thereof.
    
12. LIVE ANIMALS, PLANTS, AND PERISHABLE GOODS The Carrier shall not
be responsible for any accident, disease, mortality, loss of or
damage to live animals, birds, reptiles, fish, plants, and perishable
goods arising or resulting from any cause whatsoever including the
Carrier's negligence or the ships' unseaworthiness, and shall have
the benefit of all the provisions of this bill of lading.
    
13. DANGEROUS GOODS AND CONTRABAND 
    
A. The Carrier undertakes to carry the goods of an explosive,
 inflammable, radioactive, corrosive, damaging, noxious hazardous,
 poisonous, injurious or dangerous nature only upon the carrier
 acceptance of a prior written application by the merchant for
 carriage of such goods. Such applications must accurately state the
 nature name label and classification of the goods as well as the
 method of rendering them innocuous with the full names and addresses
 of the merchant
    
B. The merchant shall undertake to ensure that the nature of the
 goods referred to in the previous paragraph is distinctly and
 permanently marked and manifested on the outside of the packages and
 containers and shall also undertake to submit the documents or
 certificates required by any applicable statues or regulations or by
 the Carrier
    
C. Whenever the goods are discovered to have been received by the
 Carrier without complying with the foregoing of the goods are found
 to be contraband or prohibited by any law or regulations of the port
 of loading, discharge or call or any place or waters during the
 transport the Carrier shall be entitled to have such goods rendered
 innocuous thrown overboard or discharged or otherwise disposed of at
 the Carrier's discretion without compensation and the merchant shall
 be liable to indemnity the claim against any kind of loss, damage or
 liability including loss of freight, and any expenses, directly or
 indirectly arising out of or resulting from such goods.
    
D. The Carrier may exercise or enjoy the right or benefit conferred
 upon the Carrier under the foregoing whenever it is apprehended that
 the goods received in compliance with the terms of this clause may
 seem likely to become dangerous to the Carrier ship cargo, persons
 and or other property. The Carrier has the right to inspect the
 contents of the packages or containers at anytime and anywhere
 without the merchant's agreement but only at the risk and expense of
 the goods.

14. VALUABLE GOODS - The Carrier shall not be liable to any extent
for any loss of or damage to or in connection with platinum, gold,
silver, jewelry, radio isotopes, precious metals, precious stones,
precious chemicals, bullion species, currencies, securities,
negotiable instruments, writing, documents, pictures, embroideries,
works of art, heirlooms, collections of every nature or any other
valuable goods including goods having particular value only for the
merchant, unless the nature and value have been declared in writing
by the merchant before receipt by the Carrier of the goods and
inserted in this bill of lading and unless ad valorem freight shall
have been fully prepaid. 

15. MARKS, SWEEPINGS, AND SEPARATIONS - The Carrier shall not be
liable for failure of or delay in delivery in accordance with the
marks unless such marks have been made clearly and durably stamped or
marked upon the goods, packages and containers by the merchant
before they are received by the Carrier in letter or numbers of the
port of discharge and place of delivery. In no circumstances the
Carrier is responsible in accordance with other lead marks. The
merchant warrants to the Carrier marked on the goods, packagess and
containers correspond with the marks shown on this bill of lading,
and also in all respects, with all laws and regulations in for the
port of discharge or place of delivery and shall indemnity the
carrier against all loss, damage, expenses, penalties and fines
arising or resulting from incorrectness or incompleteness thereof
goods which cannot be identified marks and numbers, cargo sweepings,
liquid residue and any unclaimed goods not accounted for shall be
allocated for the purpose of completing delivery to the various
merchants of goods like character proportioned to any apparent
shortage, loss of weight or damage which goods or parts there shall
be accepted as full and complete delivery.

16. IRON, STEEL, AND METAL PRODUCTS 
    
A. It is agreed that the iron, steel, and metal goods which are at
 the time of shipment in the ordinary, external condition as to
 superficial rust, corrosion, oxidation or any similar condition
 resulting from moisture sweat or their nature scratch dent or bent
 are not to be regarded as damage and are admitted as being in
 apparent good order and condition by the carrier and the merchant,
 and the Carrier shall not be liable for such ordinary rust,
 corrosion, oxidation, scratch, dent, bent or any similar condition. 
    
B. In case of iron and steel angles bars channels, etc. shipped loose
 or in bundles, the Carrier shall not be responsible for incorrect
 delivery, and all expenses incurred there at the port of discharge
 upon insufficient securing or marking shall be paid by the merchant
 unless 
    
a. Every piece is distinctly and permanently marked with oil-paint
    
b. Every bundle is securely fastened and permanently marked with
 oil-paint and metal-lagged, so that each piece or bundle can be
 distinguished at the port of discharge.
    
17. LUMBER AND TIMBER 
    
A. It is agreed that lumber, timber and any unprotected pieces,
 which are at the time of shipment in the ordinary external condition
 as to chattered, breakage, hook, holes, split, broken, stain warps,
 shakes, contamination, and on discoloration or any like condition
 there to caused even if caused during the custody of the carrier.
    
B. In case of lumber or timber etc. shipped loose or in bundles the
 Carrier shall not be responsible for correct delivery and all
 expenses incurred thereof at the port of discharge shall be paid by
 merchant.
  
18. COTTON - As the Carrier has no reasonable means of checking the
 marks of the cotton at the time of shipment, any reference to the
 marks on the face is made at merchant's request only for the
 merchant's convenience and the Carrier shall not be liable for the
 inaccuracy thereof. The merchant shall undertake to take delivery of
 the cotton actually loaded at the port of loading and could refuse to
 do so merely because of discrepancy of the marks between those stated
 on the face hereof and those shown upon the cotton.
  
19. BULK CARGO - The quantity or weight of the goods shipped in bulk
shown on the face hereof is furnished by the merchant or a third
party other than the Carrier or the merchant's request only for the
merchant's convenience without constitution any evidence against the
carrier.
   
20. BALED OR BAGGED CARGO - If the goods or the packing of the goods
shall become damaged loss or from in part or in whole during transit,
and are landed slack or to the merchant shall accept it's proportion
of the sweepings and the Carrier shall not be responsible for the
loss of the contents in bags or other account for protection of
voyage through any cause.
   
21. PERISHABLE CARGO- The Carrier shall not be liable for any loss or
damage to the goods arising from latent defects, derangements,
breakdown, or stoppage of the refrigerating machinery plant,
insulation, and or any apparatus of the container, vessel, conveyance
and any other facilities, provided that the Carrier shall before or
at the beginning of the carriage exercise due diligence to maintain
the container.
    
22. TRANSSHIPMENT AND FORWARDING- Whether arranged before or not the
Carrier shall be liable without notice to carry the goods wholly or
partly by the name of any vessels craft or other means of transport
by water, land or air whether owned or operated by the carrier or
others. The Carrier may under any circumstances discharge the goods
or any part thereof at any port or place for transshipment and stow
the same afloat or ashore and then forward the same by any means of
transport. In case the goods herein specified can be found at the
port of discharge or place of delivery or if they be miscarried then,
when found, maybe 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 causing from
such forwarding.
   
23. DISCHARGE AND DELIVERY - The Carrier without giving notice either
of arrival or discharge may discharge the goods whether perishable or
whatever their nature, directly as they come to hand at or onto any
craft or place that the carrier may select and continuously on
Sundays and holidays included, at all such hours by day or by nights
as the carrier may determine no matter what the status of the weather
or the custom of port. All light rage and use of craft in discharging
shall be at risk and expense of the goods. Pier does landing delivery
charges unless included in the freight herein provided for and
expenses arising and resulting from weighting the goods on board
(including detention and extra cost of discharge) shall be at the
expense of the goods, the customs of the port notwithstanding. If the
Carrier's obligations hereunder if the goods are unclaimed during a
reasonable time. They may at carrier's discretion and subject to
Carrier's liability shall case when the goods have been delivered to
the merchant, his agents or servants, inland Carriers or any other
persons entitled to receive the goods at delivering place designated
by the Carrier. The Carrier shall not be required to give any notice
of disposition of the goods under this article and if the goods have
been loaded into containers by the merchant, his agents,
consolidators. The Carrier shall not be required to separate or
deliver the goods according to brands, marks, numbers, size or types
of packages contained in such container but only to deliver the total
number of containers shown on the face hereof. Optional deliveries
shall be granted only when arranged at the time of receipt of the
goods by the Carrier and so expressly provided here in, and the
merchant desiring to avail himself to give notice in writing to the
Carrier at the first port of all port the vessels call named in the
option at least 48 hours prior to the vessel's arrival. Otherwise the
goods shall be discharged at any of the optional ports at Carrier's
option and the Carrier's responsibility shall then cease. 
    
24. FREIGHT AND CHARGES - Freight shall be payable to actual gross
intake and weight of measurement or at Carrier's option. On actual
gross discharge weight or measurement or on the weight or measurement
as shown in the bill of lading under particulars lavished by the
merchant freight maybe assessed on the basis of the particulars
lavished by the merchant but the Carrier may at any time open the
container, package or unit and examine, weight, measure and or value
the goods in case the particulars lavished by the merchant are found
to be erroneous. Full freight shall be paid on damaged goods or if
packages be empty or partly empty. Full freight here under to port of
discharge or in case of through or combined transport to the place of
delivery named herein shall be considered completely earned on the
receipt of goods by the Carrier whether the freight be stated or
intended to be prepaid or to be collected later. The Carriers shall
be entitled to all freight charges due here under whether paid or
not, and to receive and retain them under all circumstances whether
ship or cargo lost or not. All paid charges shall be paid in full and
without any offset, counterclaim or deduction at Carrier's option in
the currency either of the country or the port of shipment or of
discharge at Carrier's demand rate of New York exchange either on the
day of shipment or on the day the ship leaves her last loading port
or on the day the ships enters customs house of her port of
discharge. The Carrier shall have a lien on the goods, which shall
survive delivery for all charges due here under and may enforce the
lien by public or private sale without notice. The merchant shall be
liable for the payment of all of the lines and or loss sustained or
incurred by the Carrier in connection with the goods or to procure
consular board of health or other certificate to laws and regulations
of any government or public authorities in connection with the goods
or to procure consular board of health, or other certificate to
accompany the goods the merchant shall be liable for return freight
and charges on the goods refused by shipper or importer by any
government or public authority. If the Carrier is the thinks that the
goods need sorting, inspecting, mending, or repairing or
reconditioning or otherwise require protecting or caring for. The
Carrier may carry out such work at the cost and expense of the
merchant. The merchant authorizes the Carrier to pay and or incur all
such to seek to regain possession of the goods and do all things
deemed advisable to the benefit of the goods.
   
    
25. GENERAL AVERAGE NEW JASON CLAUSE - General average shall be
adjusted, stated, and settled at or any other place at Carrier's
opinion according to the York Antwerp Rules 1974 and amendment there
as to matters not provided for in these Rules, according to the laws
and usages of the place of adjustment, and in the currency selected
by the Carrier. Any general average on a vessel not operated by the
Carrier shall be adjusted according to the requirements of the
operator of the vessel. In either case the merchant shall give such
cash deposit or other security as the Carrier may deem sufficient to
cover the estimated general average contribution of the goods before
delivery if the Carrier requires. In the event of accident, danger,
or disaster before or after commencement of the voyage resulting from
any cause, whether due to aggregate or not, for which the
consequences of which the Carrier is not responsible by statute,
contract or otherwise, the goods and the merchant jointly and
severally shall contribute with the Carrier in general average to the
payment of any sacrifices, losses or expenses of a general average
nature that must be made or measured and shall pay salvage and
special charges incurred in respect to the goods. If a salvaging ship
is owned or operated by Carrier, salvage shall be paid in fully and
in the same manner as if such sailing ship.
   
26. BOTH TO BLAME COLLUSION - If the vessel comes into collusion with
another ship as a result of negligence of another ship and any act,
neglect or default of the master, manner pilot or the servants of the
owner of the vessel and in the navigation or in the management of the
vessel, the merchant shall indemnify the Carrier against all loss or
liability which might incur directly or indirectly to the other or in
the management of the owners as such liability represents loss of or
damage to his goods or any claim of the merchant paid or payable by
the other or non-carrying vessel or the 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 collusion
or contract.
   
27. NOTICE OF CLAIM AND TIME FOR SUIT - Unless notice of loss or
damage and 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 be
not apparent, within three days after delivery of the goods shall be
deemed to have been delivered as described in this bill of lading. N
any event the Carrier shall be discharged from all liability in
respect of non-delivery, miss-delivery, delay, loss or damage unless
suit is brought within one year after the delivery of the goods or
the date when the goods should have been delivered. Any claim of
mistake on Bill of Lading must be brought to the attention of the
Carrier within three months of on board date. After which, carrier
will no longer has responsibility to amend bill of lading.
   
28. LIMITATION OF LIABILITY 
   
A. All claims which the carrier may be liable for shall be adjusted
 and settled on the basis of the net invoice value of the goods and in
 no event shall the Carrier be liable for any loss of profit or any
 consequential loss.
    
B. The Carrier shall not be liable for loss or damage in an amount
 exceeding U.S. $300 per package of per customary freight unit unless
 the value of the goods is higher than this amount has been declared
 in writing by the merchant before the receipt of the goods and
 inserted in this bill of lading together with the nature thereof, and
 extra freight has been paid as required. If the actual value of goods
 per package or per customary freight unit exceeds such declared
 value, the value shall nevertheless be deemed to be the declared
 value is markedly higher than the actual value. The Carrier shall in
 no event be liable to pay any compensation. It is agreed that in no
 event shall this clause operate to increase the extent of the
 Carriers liability beyond the applicable market value of that be less
 than the net invoice value. The Carrier shall not be liable for any
 loss or damage of the goods carried by the ship under the term of
 "freight free". Whether the goods have been either packed into
 containers or unitized into similar articles of transport whether
 by or on behalf of the merchant, it is expressly agreed that the
 number of such containers similar articles of transport shown on
 the face hereof shall be considered as the number of packages of
 units for the purpose of the application of the limitation of
 liability provided for here in case the aforementioned package
 limitation of $300 (U.S.) be adjudged to be inapplicable by local
 legislation including the local variation of the Hague Rules then the
 words Three Hundred U.S. Dollars (US $300.00) in this articles shall
 be replaced by the appropriate local monetary limitation (US $500)
 per package or customary freight unit if the United States Carriage
 of Goods by Sea Act is applicable).
   
29. FIRE - Neither the Carrier or its terminal operator shall be
liable to answer for or make any loss or damage to goods occurring at
any time nor even though before loading on or after discharge from
the vessel, by reason or by means of do any fire whatsoever, unless
such fire shall be caused by the design or neglect of Carrier.
   
30. LAW AND JURISDICTION - The contract contained in or evidenced by
the bill of lading is governed by United States Law and all claims in
relation here to or arising here under shall be subject to the
exclusive jurisdiction of the court in United States. An enlarged
typescript of the above conditions is available from the carrier on
request. Any conflict of dispute regarding this bill of lading must
be brought to the attention of and be resolved with EVER-LEADING
INTERNATIONAL, INC. within 90 days of on board date. After 90 days,
Ever-Leading has no liability or obligations to resolve disputes.

Table Of Contents