RULE: 8 - BILL(S) OF LADING Eff: 24JUL2006

Effective 24JUL2006
Filed 24JUL2006
Filing Codes C

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:
     
Agents signing this Bill of Lading on behalf of the Company
or line by whom this Bill of Lading is issued have only the
limited authority at Common law of vessel's master signing
a Bill of Lading.
In accepting this Bill of Lading any local customs or
privileges to the country notwithstanding the Shipper,
Consignee and Owner of the goods and the Holder of this
Bill of Lading agree to be bound by all stipulations,
exceptions and conditions stated herein whether written,
printed stamped, or incorporated on the front or reverse
side hereof, as fully as if they were all signed by such
Shipper, Consignee, Owner or holder.
   
1. DEFINITIONS
   
"Carriage" means the whole or any part of the operations
and services undertaken by the carrier in respect of the
goods covered by this Bill of Lading.
   
"Carrier" means the Company stated on the front of this
Bill of Lading as being theCarrier and on whose behalf
this Bill of Lading has been signed.
   
"COGSA" means the Carriage of Goods by Sea Act of
the United States of America approved on 16th April 1935.
    
"Container" includes any container, (including an open top
container), trailer, transportable tank, lift van, flat
rack, pallet or any similar article of transport used to
consolidate goods.
    
"Freight" includes all charges payable to the carrier in
accordance with the applicable tariff and this Bill of
Lading.  "Goods" means the whole or any part of the cargo
received from the shipper and includes the packing and any
equipment or container not supplied by or on behalf of the
carrier.
     
"Hague Rules" means the provisions of the international
Convention for the unification of certain rules relating to
Bills of Lading signed at Brussels on 25th August 1924
and includes any amendments by the Protocol signed at
Brussels on 23rd February 1968.
    
"Holder" means any person for the time being in possession
of this Bill of Lading to or in whom rights of suit and/or
liability under this Bill of Lading has been transferred or
vested.
    
"Merchant" includes any person who at any time has been
or become the Shipper, Holder, Consignee, Receiver of
the goods, any person who owns or is entitled to the
possession of the goods or of this Bill of Lading and any
person acting on behalf of such person.
    
"Multimodal Transport" arises if the Place of Receipt
and/or the Place of Delivery are indicated on the reverse
hereof in the relevant spaces.
    
"Ocean Transport" means the same as Port to Port Shipment.
   
"Packages" where a container is loaded with more than one
package or until the packages or other shipping units
enumerated on the reverse hereof as packed in such
container and entered in the box on the reverse hereof
entitled "Carriers" "Receipt" are each deemed a package.
    
"Person" includes an individual, group, company or other
entity.
   
"Poseidon Line" is the trade name of the Carrier.
"Port of discharge" means any Port at which the goods are
discharged from any vessel (which may not necessarily be
the vessel named overleaf) after carriage under this Bill
of Lading.
   
"Port of Loading" means any port at which the goods are
loaded on board any vessel (which may not necessarily be
the vessel named overleaf) for carriage under this Bill of
Lading.
   
"Port to port shipment" arises when the Carriage is not
Multimodal.
   
"Shipped on Board" relates only to the container into
which the goods are manifested.
   
"Shipping unit" includes freight unit and the term "unit"
as used in the Hague Rules.
   
"Stuffed" includes filled, consolidated, packed, loaded
or secured.
    
"Sub-Contractor" includes (but is not limited) owners
and operators of vessels (other than the carrier),
stevedores, terminal and groupage operators, road, rail and
air transport operators and any independent contractor
employed by the carrier in performance of the carriage
and any sub-contractors thereof
   
"Terms & Conditions" means all terms, rights, defences,
rovisions. conditions, exceptions, limitations and
liberties hereof.
    
"Vessel" means any waterborne craft used in the carriage
under this bill of lading which may be a feeder vessel
or an ocean vessel.
   
2. CARRIER'S TARIFF
   
The terms and condtions of the Carrier's applicable tariff
are incorporated herein. Particular attention is drawn to
the terms and conditions therein relating to free storage
time and to container and vehicle demurrage. Copies of
the relevant provisions of the applicable tariff are
obtainable from the carrier or his agents upon request.
In case of inconsistency between this Bill of Lading and
the applicable tariff, this Bill of Lading shall prevail.
   
3. WARRANTY
   
The Merchant warrants that in agreeing to the terms and
conditions hereof he is the agent of and has the authority
to contract on behalf of the person owning or entitled to
the possession of the goods or any person who has
a present or future interest in the goods.
   
4. SUB-CONTRACTING AND INDEMNITY
   
4.1  The Carrier shall be entitled to sub-contract on any
terms whatsoever the whole or any part of the carriage.
    
4.2  The Merchant undertakes that no claims or
allegations whether arising in contract, bailment, tort or
otherwise shall be made against any Servant, agent or
Sub-contractor of the Carrier which imposes or attempts
to impose upon any of them, or any vessel owned or
chartered by and of them any liability whatsoever in
connection with the goods or the Carriage of Goods,
whether or not arising out of negligence on the part of
such person, and if any such claim or allegation should
nevertheless be made to indemnify the Carrier against all
consequences thereof. Without prejudice to the foregoing
every such Servant, agent and sub-contractor shall have
the benefit of all Terms and Conditions of whatsoever
nature herein contained or otherwise benefitting the
Carrier as if such Terms and Conditions were expressely
for their benefit and, in entering into this contract, the
Carrier to the extent of such Terms and Conditions, does
so on his own behalf, and also as agent and trustee for
such servants, agents and sub-contractors.
   
4.3  The provisions of the second sentence of Clause 4.2
including but not limited to the undertaking of the
Merchant contained therein, shall extend to all claims or
alligations of whatsoever nature against other Persons
chartering space on the carrying vessel.
    
4.4  The Merchant further undertakes that no claim or
allegation in respect of the Goods shall be made against
the Carrier by any Person other than in accordance with
the Terms and Conditions of this Bill of Lading which
imposes or attempts to impose upon the Carrier any
liability whatsoever in connection with the Goods or the
Carriage of the Goods, whether of not arising out of
negligence on the part of the Carrier, and if any such
claim or allegation should nevertheless be made,
to indemnify the Carrier against all consequences thereof.
   
5. CARRIER'S RESPONSIBILITY : PORT-TO-PORT SHIPMENT
   
5.1  Where the Carriage is Port-to-Port, then the
liability (if any) of the Carrier for loss of or damage to
the Goods occurring between the time of loading at the Port
of Loading and the time of discharge at the Port of
Discharge shall be determined in accordance with any
national law making the Hague Rules compulsorily applicable
to this Bill of Lading (which will be US COGSA for
shipments to or from the United States of America) or any
other case in accordance with the Hague Rules Articles 1-8
inclusive only.
    
5.2  The Carrier shall have no liability whatsoever for
any loss or damage to the Goods while in its actual or
constructive possession before loading or after discharge,
howsoever caused. Notwithstanding the above, in case and
to the extent that any applicable compulsory law provides
to the contrary, the Carrier shall have the benefit of
every right, defence, limitation and liberty in the Hague
Rules as applied by Clause 5.1 during such additional
compulsory period of responsibility, notwithstanding that
the loss or damage did not occur at sea.
    
5.3  Where US COGSA applies then the provisions stated
in the said Act shall govern before loading on the vessel
or after discharge therefrom, as the case may be, during
Carriage to or from a container yard or container freight
station in, or immediately adjacent to the sea terminal at
the Port of Loading and/or Discharge. If the Carrier is
requested by the Merchant to procure Carriage by an
inland carrier in the United States of America and the
inland carrier in his discretion agrees to do so, such
Carriage shall be procured by the Carrier as agent only to
the Merchant and such Carriage shall be subject to the
inland carrier's contract and tariff. If for any reason the
Carrier is denied the right to act agent at these times,
his liability for loss damage or delay to the goods shall
be determined in accordancewith clause 6 hereof.
    
5.4  In the event that the Merchant requests the Carrier
to deliver the Goods:
    
(a)  at a port other than the Port of Discharge; or
   
(b)  (save in the United States of America) at a place of
delivery instead of the Port of Discharge, and the Carrier
in its absolute discretion agrees to such request, such
further Carriage will be undertaken on the basis that the
Terms and Conditions of this Bill of Lading are to apply
to such Carriage as if the ultimate destination agreed
with the Merchant had been entered on the reverse side
of this bill of lading as the Port of Discharge or Place
of Delivery.
   
6. CARRIER'S RESPONSIBILITY - MULTIMODAL TRANSPORT
   
Where the Carriage is Multimodal Transport, the Carrier
undertakes to perform and/or in his own name to procure
performance of the Carriage from the Place of Receipt or
the Port of Loading, whichever is applicable, to the Port
of Discharge or the Place of Delivery, whichever is
applicable, and, save as is otherwise provided for in this
bill of lading, the Carrier shall be liable for loss or
damage occurring during the Carriage only to the extent
set out below:
    
6.1  Where the stage of Carriage where loss or damage
occurred is not known.
   
(a)  Exclusions
The Carrier shall be relieved of liability for any loss or
damage where such loss or damage was caused by:
   
(i)  an act or omission of the Merchant or Person
acting on behalf of the Merchant other than the Carrier,
his servant, agent or Subcontractor,
(ii)  compliance with instructions of any Person
entitled to give them,
(iii)  insufficient or defective condition of packing or
marks,
(iv)  handling, loading, stowage or unloading of the
Goods by the Merchant or any Person acting on his
behalf,
(v)  inherent vice of the Goods,
(vi)  strike, lock out, stoppage or restraint of labour,
from whatever cause, whether partial or general,
(vii)  a nuclear incident,
(viii)  any cause or event which the Carrier could not
avoid and the consequences whereof he could not
prevent by the exercise of reasonable diligence.
   
(b)  Burden of proof
Burden of Proof The burden of proof that the loss or
damage was due to one or more of the causes or events
specified in this clause 6.1 shall rest upon the Carrier.
Save that if the Carrier establishes that, in the
circumstances of the case, the loss or damage could be
attributed to one or more of the causes or events specified
in clause 6.1(a)(iii), (iv) or (v), it shall be presumed
that it was so caused. The Merchant shall, however, be
entitled to prove that the loss or damage was not, in fact,
caused either wholly or partly by one or more of these
causes or events.
    
(c)  Limitation of Liability
Except as provided in clauses 7.2(a), (b) or 7.3, if clause
6.1 operates, total compensation shall under no
circumstances whatsoever and howsoever arising exceed
USD 500 per package where Carriage includes Carriage to,
from or through a port in the United States of America and
in all other cases 2 SDR per kilo of the gross weight of
the Goods lost or damaged.
   
6.2  Where the stage of Carriage where the loss or damage
occurred is known, notwithstanding anything provided for
in clause 6.1 and subjects to clause 16, the liability of
the Carrier in respect of such loss or damage shall be
determined:
   
(a)  by the provisions contained in any international
convention or national law 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 the Carriage during which the
loss or damage occurred and received as evidence thereof
any particular document which must be issued if such
international convention or national law shall apply, or
    
(b)  in case of shipments to or from the United States
of America by the provsions of US COGSA if the loss or
damage is known to have occurred during Carriage by sea
to or from the USA or during Carriage to or from a
container yard or container freight station in or
immediately adjacent to the sea terminal at the Port of
Loading or of Discharge in ports of the USA; or
   
(c)  by the Hague Rules Articles 1-8 only inclusive where
the provisions of clauses 6.2(a) or (b) do not apply if
the loss or damage is known to have occurred during
Carriage by sea; or
   
(d)  if the loss or damage is known to have occured
during Carriage inland in the USA, in accordance with the
contract of carriage or tariffs of any inland carrier in
whose custody the loss or damage occurred or, in the
absence of such contract or tariff by the provisions of
Clause 6.1, and in either case the law of the State of New
York will apply; or
   
(e)  where the provisions of clause 6.2(a), (b), (c)
and/or (d) above do not apply, in accordance with the
contract of carriage or tariffs of any inland carrier in
whose custody the loss or damage occured or in the absence
of such contract or tariff by the provisions of clause 6.1.
For the purposes of clause 6.2 references in the Hague
Rules to carriage by sea shall be deemed to include
reference to all waterborne Carriage and the Hague Rules
shall be construed accordingly.
   
6.3  If the Place or Receipt or Place of Delivery is not
named on the reverse hereof the Carrier shall be under no
liability whatsoever for loss or damage to the Goods
howsoever occurring:
   
(a)  If the Place of Receipt is not named on the reverse
hereof and such loss or damage arises prior to loading on
to the vessel; or
     
(b)  If the Place of Delivery is not named on the reverse
hereof, if such loss or damage arises subsequent to
discharge from the vessel, save that where US COGSA applies
then the provisions stated in said Act shall govern before
loading on to and after discharge from any vessel and
during Carriage to or from a container yard or container
freight station in or immediately adjacent to the sea
terminal at the Port of Loading and/or Discharge.
  
6.4  Amendment of Place of Delivery
In the event that the Merchant requests, and the Carrier
agrees to amend the Place of Delivery, such amended
Carriage will be undertaken on the basis that the Terms and
Conditions of this bill of lading are to apply until the
goods are delivered to the Merchant at such amended Place
of Delivery.
    
7. COMPENSATION AND LIABILITY PROVISIONS
    
7.1  Subject always to the Carrier's right to limit
liability as provided for herein, if the Carrier is liable
for compensation in respect of loss of or damage to the
Goods, such compensation shall be calculated by reference
to the invoice value of the Goods plus Freight and
insurance if paid. If there is no Invoice value of the
Goods or if any such invoice is not bona fide, such
compensation shall be calculated by reference to the value
of such Goods at the place and time they are delivered or
should have been delivered to the Merchant.  The value of
the Goods shall be fixed according to the current market
price, by reference to the normal value of goods of the
same kind and/or quality.
     
7.2  Save as is provided in clause 7.3:
    
(a)  Where the Hague Rules apply hereunder by national
law by virtue of clause 5.1 or clause 6.2(a) the Carrier's
liability shall in no event exceed the amounts provided
in the applicable national law. If the Hague Rules Article
1-8 only apply pursuant to clauses 5.1 or 6(c) the
Carrier's maximum liability shall in no event exceed
GBP100 per Package or unit.
    
(b)  Where Carriage includes Carriage to, from or through
a port in the United States of America and US COGSA applies
by virtue of clauses 5.1 or 6.2(b) neither the Carrier nor
the Vessel shall in any event be or become liable in
an amount exceeding US$500 per Package or customary
freight unit.
    
(c)  In all other cases compensation shall not exceed
the limitation of liability of 2 SDR per kilo as provided
in clause 6.1(c).
     
7.3  The Merchant agrees and acknowledges that the
Carrier has no knowledge of the value of the Goods and
higher compensation than that provided for in this bill of
lading may be claimed only when, with the consent of the
Carrier, the value of the Goods declared by the Shipper
upon delivery to the Carrier has been stated in the box
marked "Declared Value" on the reverse of this bill of
lading and extra freight paid. In that case the amount of
the declared value shall be substituted for the limits laid
down in this bill of lading. Any partial loss or damage
shall be adjusted pro rata on the basis of such declared 
value.
    
7.4  Nothing in this bill of lading shall operate to
limit or deprive the Carrier of any statutory protection,
defence, exception or limitation of liability authorised
by any applicable laws, statues or regulations of any
country. The Carrier shall have the benefit of the said
laws, statutes or regulations as if it were the owner of
any carrying ship or vessel.
   
8. GENERAL
   
8.1  The Carrier does not undertake that the Goods or any
documents relating thereto shall arrive or be available at
any point or place at any stage during the Carriage or at
the Port of Discharge or the Place of Delivery at any
particular time or to meet any particular requirement of
any licence, permission, sale contract, or credit of the
Merchant or any market or use of the Goods and the Carrier
shall under no circumstances whatsoever and howsoever
arising be liable for any direct, indirect or consequential
loss or damage caused by delay. If the Carrier should
nevertheless be held legally liable for any such direct or
indirect or consequential loss or damage caused by such
alleged delay, such liability shall in no event exceed the
Freight paid for the Carriage.
    
8.2  Save as in otherwise provided herein, the Carrier
shall under no circustances be liable for direct or
indirect or consequential loss or damage arising from any
other cause whatsoever or for loss of profits.
    
8.3  Once the Goods have been received by the Carrier for
Carriage the Merchant shall not be entitled neither to
impede, delay, suspend or stop or otherwise interfere with
the Carrier's intend manner of performance of the Carriage
or the exercise of the liberties conferred by this bill of
lading nor to instruct or require delivery of the Goods at
other than the Port of Discharge or Place of Delivery named
on the reverse hereof or such other Port or Place selected
by the Carrier in the exercise of the liberties herein, for
any reason whatsoever including but not limited to the
exercise of any right of stopping in transit conferred by
the Merchant's contract of sale or otherwise.  The Merchant
shall indemnify the Carrier against all claims,
liabilities, loss, damage, costs, delay, attorney fees
and/or expenses caused to the Carrier, his Subcontractors,
servants or agents or to any other cargo or to the owner of
such cargo during the Carriage arising or resulting from
any stoppage (whether temporary or permanent) in the
Carriage of the Goods whether at the request of the
Merchant, or in consequence of any breach by the Merchant
of this clause, or in consequence of any dispute whatsoever
in respect of the Goods (including, but without restriction,
disputes as to ownership, title, quality, quantity or
description of and/or payment for the Goods) involving any
one or more party defined herein as the Merchant as between
themselves or with any third party other than the Carrier
and the liberties provided for in clauses 19 and 20 shall
be available to the Carrier in the event of any such
stoppage.
    
8.4  The Terms and Conditions of this bill of lading shall
govern the responsibility of the Carrier in connection with
or arising out of the supplying of a Container to the
Merchant whether before, during or after the Carriage.
   
9. NOTICE OF LOSS, TIME BAR
   
Unless notice of loss or damage and the general nature of
such loss or damage be given in writing to the Carrier or
his agents at the Place of Delivery (or Port  of Discharge
if no Place of Delivery is named on the reverse hereof)
before or at the time of removal of the Goods into the
custody of the Merchant or if the loss or damage is not
apparent within three days thereafter, such removal shall
be prima facie evidence of the delivery by the Carrier of
the Goods as described in this bill of lading.  In any
event, the Carrier shall be discharged from all liability
whatsoever in respect of the Goods unless suit is brought
within one year after their delivery or the date when they
should have been delivered.
   
10. DEFENCES AND LIMITS FOR THE CARRIER
    
The Terms and Conditions of whatever nature provided for in
this bill of lading shall apply in any action against the
Carrier for any loss or damage whatsoever and howsoever
occurring (and, without restricting the generality of the
foregoing, including delay, late delivery and/or delivery
without surrender of this bill of lading) and whether the
action be founded in contract, bailment or in tort and even
if the loss or damage arose as a result of unseaworthiness,
negligence or fundamental breach of contract.
   
11. SHIPPER-PACKED CONTAINERS
    
If a Container has not been packed by the Carrier;
    
11.1  This bill of lading shall be a receipt only for such
a Container;
    
11.2  The Carrier shall not be liable for loss of or
damage to the contents and the Merchant shall indemnify the
Carrier against any injury, loss, damage, liability or
expense whatsoever incurred by the Carrier if such loss of
or damage to the contents and/or such injury, loss, damage,
liability or expense has been caused by all matters beyond
his control including, inter alia without prejudice to the
generality of this exclusion.
   
(a)  the manner in which the Container has been packed; or
    
(b)  the unsuitability of the Goods for carriage in
Containers or
    
(c)  the unsuitability or defective condition of the
Container or the incorrect setting of any thermostatic
ventilation, or other special controls thereof provided
that, if the Container has been supplied by the Carrier,
this unsuitability or defective condition could have been
apparent upon reasonable inspection by the Merchant at or
prior to the time the Container was packed.
   
11.3  The Merchant is responsible for the packing and
sealing of all shipper-packed Containers and, if a
shipper-packed Container is delivered by the Carrier with
its original seal as affixed by the Shipper intact, the
Carrier shall not be liable for any shortage of Goods
ascertained at delivery.
    
11.4  The Shipper shall inspect Container before packing
them and the use of Containers shall be prima facie
evidence of their being sound and suitable for use.
   
12. PERISHABLE CARGO
    
12.1  Goods, including Goods of a perishable nature, shall
be carried in ordinary Containers without special
protection, services or other measures unless there is
noted on the reverse side of this bill of lading that the
Goods will be carried in a refrigerated, heated,
electrically ventilated or otherwise specifically equipped 
Container or are to receive special attention in any way.
The Merchant undertakes not to tender for Carriage any Goods
which require refrigeration, ventilation or any other
specialised attention without giving written notice of
their nature and the required temperature or other setting
of the thermostatic, ventilation or other special controls
to 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 howsoever arising.
    
12.2  The Merchant should note that refrigerated
Containers are not designed
    
(a)  to freeze down cargo which has not been presented for
stuffing at or below its designated carrying temperature and
the Carrier shall not be responsible for the consequences of
cargo being presented at a higher temperature than that
required for the Carriage; nor
    
(b)  to monitor and control humidity levels, albeit a
setting facility exists, in that humidity is influenced by
many external factors and the Carrier does not guarantee
the maintenance of any intended level of humidity inside
any Container.
    
12.3  The term apparent good order and condition when used
in this bill of lading with reference to goods which require
refrigeration, ventilation or other specilised attention
does not mean that the Goods, when received were verified
by the Carrier as being at the carrying tempreature,
humidity level or other condition designated by the
Merchant.
    
12.4  The Carrier shall not be liable for any loss or
damage to the Goods arising from latent defects,
derangement, breakdown, defrosting, stoppage of the
refrigerating, ventilating or any other specialized
machinery, plant, insulation and/or apparatus of the
Container, vessel, conveyance and any other facilities,
provided that the Carrier shall before and at the beginning
of the Carriage exercise due diligence to maintain the
Container supplied by the Carrier in an efficient state.
    
13. INSPECTION OF GOODS
    
The Carrier shall be entitled, but under no obligation, to
open and/or scan any Package or Container at any time and
to inspect the contents. If it appears at any time that the
Goods cannot safely or properly be carried or carried
further, either at all or without incurring any additional
expense or taking any measure in relation to the Container
or the Goods, the Carrier may without notice to the
Merchant (but as his agent only) take any measure and/or
incur any reasonable additional expense to carry or to
continue the Carriage thereof, and/or to sell or dispose of
the Goods and/or to abandon the Carriage and/or to store
them ashore or allot, under cover or in the open, at any
place whichever the Carrier in his absolute discretion
considers most appropriate, which sale, disposal,
abandonment, or storage shall be deemed to constitute due
delivery under this bill of lading. The Merchant shall
indemnify the Carrier against any reasonable additional
expense so incurred.  The Carrier in exercising the
liberties contained in this clause shall not be under any
obligation to take any particular measure and shall not be
liable for any loss, delay or damage howsoever arising from
any action or lack of action under this clause.
    
14. DESCRIPTION OF GOODS
      
14.1  This bill of lading shall be prima facie evidence of
the receipt by the Carrier in apparent good order and
condition, except as otherwise noted, of the total number
of Containers or other packages or units indicated in the
box entitled "Carrier Receipt" on the reverse side hereof.
    
14.2  No representation is made by the Carrier as to the
weight, contents, measure, quantitity, quality,
description, condition, marks, numbers or value of the
Goods and the Carrier shall be under no responsibility
whatsoever in respect of such description or particulars.
     
14.3  The Shipper warrants to the Carrier that the
particular relating to the Goods as set out on the reverse
hereof have been checked by the Shipper on receipt of this
bill of lading and that such particulars and any other
particulars furnished by or on behalf of the Shipper, are
adequate and correct. The shipper also warrants that the
Goods are lawful goods and contain no contraband, drugs,
other illegal substances or stowaways and that the Goods
will not cause loss or damage or expense to the Carrier,
or to any other cargo during the Carriage.
    
14.4  If any particulars of any Letter of Credit and/or
Import License and/or Sales Contract and/or Invoice or
Order number and/or details of any contract to which the
Carrier is not a party, are shown on the face of this bill
of lading, such particulars are included at the sole risk
of the Merchant and for his convenience. The Merchant
agrees that the inclusion of such particulars shall not be
regarded as a declaration of value and in no way increases
Carrier's liablitiy under this Bill of Lading.
    
15. MERCHANT'S RESPONSIBILITY
    
15.1  All of the Persons coming within the definition of
Merchant in clause 1 shall be jointly  and severally liable
to the Carrier for the due fulfillment of all obligations
undertaken by the Merchant in this bill of lading.
    
15.2  The Merchant shall be liable for and shall indemnify
the Carrier against all loss, damage, delay, lines,
attorney fees and/or expenses arising from any breach of
any of the warranties in clause 14.3 or from any other
cause whatsoever in connection with the Goods for which the
Carrier is not responsible.
    
15.3  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 (including without prejudice to the
generality of the foregoing Freight for any additional
Carriage undertaken), incurred or suffered by reason
thereof, or by reason of any illegal, incorrect or
insufficient declaration, marking, numbering or addressing
of the Goods, and shall indemnify the Carrier in respect
thereof.
    
15.4  If Containers supplied by or on behalf of the
Carrier are unpacked at the Merchant's premises, the
Merchant is responsible for returning the empty Containers,
with interiors clean, odor free and in the same condition
as received, to the point or place designated by the
Carrier within the time prescribed. Should a Container not
be returned in the condition required and/or within the
time prescribed in the Tariff, the Merchant shall be
liable for any detention, loss or expense incurred as a
result thereof.
    
15.5  Containers released into the care of the Merchant
for packing, unpacking or any other purpose whatsoever are
at the sole risk of the Merchant until redelivered  to the
Carrier. The Merchant shall indemnify the Carrier for all
loss of and/or damage and/or delay to such Containers.
Merchants are deemed to be aware of the dimensions and
capacity of any Containers released to them.
   
16. FREIGHT, EXPENSES AND FEES
    
16.1  Full Freight shall be payable based on particulars
furnished by or on behalf of the Shipper. The Carrier may
at any time open the Goods or Container(s) and, if the
Shipper's particulars are incorrect the Merchant and the
Goods shall be liable for the correct Freight and any
expenses incurred in examining, weighing, measuring, or
valuing the Goods.
    
16.2  Full Freight shall be considered completely earned
on receipt of the Goods by the Carrier and shall be paid
and non returnable in any event.
    
16.3  All sums payable to the Carrier are due on demand
and shall be paid in full in United States currency or, at
the Carrier's option, in its equivalent in the currency of
the Port of Loading or of Discharge or the Place of Receipt
or of Delivery or as specified in the Carrier's Tariff.
     
16.4  The Merchant's attention is drawn to the stipulations
concerning currency in which the Freight is to be paid, rate
of exchange, devaluation, additonal insurance premium and
other contingencies relative to Freight in the applicable
Tariff. In the event of any discrepancy between Freight
(incl. charges etc) items in the bill of lading and any
Carrier invoices, the latter shall prevail.
    
16.5  All Freight shall be paid without any set-off
counter-claim, deduction or stay of execution at latest
before delivery of the Goods.
     
16.6  If the Merchant fails to pay the Freight when due
he shall be liable also for payment of service fee or
interest due on any outstanding sum, reasonable attorney
fees and expenses incurred in collecting any sums due to
the Carrier. Payment of Freight and charges to a freight
forwarder, broker or anyone other than the Carrier or its
authorised agent shall not be deemed payment to the Carrier
and shall be made at the Merchant's sole risk.
    
17. LIEN
    
The Carrier shall have a lien on the Goods and any documents
relating there to for all sums payable to the carrier under
this contract and for general average contributions to
whomsoever due.  The Carrier shall also have a lien against
the Merchant on the Goods and any document relating thereto
for all sums due from him to the Carrier under any other
contract. The Carrier may exercise his lien at any time and
any place in his sole discretion, whether the contractual
Carriage is completed or not. In any event any lien shall
extend to cover the cost of recovering any sums due and for
that purpose the Carrier shall have the right to sell the
Goods by public auction or private treaty, without notice
to the Merchant. The Carrier's lien shall survive delivery
of the Goods.
    
18. OPTIONAL STOWAGE, DECK CARGO AND LIVESTOCK
    
18.1  The Goods may be packed by the Carrier in Containers
and consolidated with other goods in Containers.
     
18.2  Goods, whether packed in Containers or not, may be
carried on deck or under deck without notice to the Merchant
unless on the reverse side hereof it is specifically
stipulated that the Containers or Goods will be carried
under deck.  If carried on deck, the Carrier shall not be
required to note, mark or stamp on the bill of lading any
statement of such on deck carriage. Save as provided in
clause 18.8, such Goods (except livestock) carried on or
under deck and whether or not stated to be carried on deck
shall participate in general average and shall be deemed to
be within the definition of Goods for the purpose of the
Hague Rules or US COGSA and shall be carried subject to
such Rules or Act, whichever is applicable.
    
18.3  Goods (not being Goods stowed in Containers other
than flats or pallets) which are stated herein to be carried
on deck and livestock, whether or not carried on deck, are
carried without responsibility on the part of the Carrier
for loss or damage of whatsoever nature or delay arising
during the Carriage whether caused by unseaworthiness or
negligence or any other cause whatsoever and neither the
Hague Rules nor US COGSA shall allpy.
   
19. METHODS AND ROUTES OF CARRIAGE
    
19.1  The Carrier may at any time and without notice to
the Merchant:
    
(a)  use any means of transport or storage whatsoever;
    
(b)  transfer the Goods from one conveyance to another
including transshiping or carrying the same on a vessel
other than the vessel named on the reverse hereof or by
any other means of transport whatsoever and even though
transshipment or forwarding of the Goods may not have
been contemplated or provided for herein;
    
(c)  unpack and remove the Goods which have been
packed into a Container and forward them via Container
or otherwise;
    
(d)  sail without pilots, proceed via any route,
(whether or not the nearest or most direct or customary
or advertised route) at any speed and proceed to return
to and stay at any port or place whatsoever (including
the Port of Loading herein provided) once or more often,
and in any order in or out of the route or in contrary
direction to or beyond the Port of Discharge once or
more often;
    
(e)  load and unload the Goods at any place or port
(whether or not any such port is named on the reverse
hereof as the Port of Loading or Port of Discharge) and
store the Goods at any such port or place;
    
(f)  comply with any orders or recommendations given
by any government or authority or any Person or body or
purporting to act as or on behalf of such government or
authority or having under the terms of the insurance on
any conveyance employed by the Carrier the right to give
orders or directions.
    
19.2  The liberties set out in clause 19.1 may be invoked
by the Carrier for any purpose whatsoever whether or not
connected with the Carriage of the Goods, including but
not limited to loading or unloading other goods,
bunkering or embarking or disembarking any persons),
undergoing repairs and or drydocking, towing or being
towed, assisting other vessels, making trial trips and
adjusting instruments. Anything done or not done in
accordance with clause 19.1 or any delay arising
therefrom shall be deemed to be within the contractual
Carriage and shall not be deviation.
   
20. MATTERS AFFECTING PERFORMANCE
    
If at any time Carriage is or is likely to be affected by
any hindrance, risk, danger, delay, difficulty or
disadvantage of whatsoever kind and however arising which
cannot be avoided by the exercise of reasonable endeavors,
(even though the circumstances giving rise to such
hindrance, risk, danger, delay difficulty or disadvantage
existed at the time this contract was entered into or the
Goods were received for Carriage) the Carrier may at his
sole discretion and without notice to the Merchant and
whether or not the Carriage is commenced either.
    
(a)  Carry the Goods to the contracted Port of Discharge or
Place of Delivery, whichever is applicable, by an
alternative route to that indicated in this bill of lading
or that which is usual for Goods consigned  to that Port of
Discharge or Place of Delivery. If the Carrier elects to
invoke the terms of this clause 20(a) then, notwithstanding
the provisions of clause 19 hereof, he shall be entitled to
charge such additional Freight as the Carrier may determine;
or
   
(b)  Suspend the Carriage of the Goods and store them
ashore or afloat upon the Terms and Conditions of this
bill of lading and endeavor to forward them as soon as
possible, but the Carrier makes no representations as to
the maximum period of suspension. If the Carrier elects
to invoke the terms of this clause 20(b) then,
notwithstanding the provisions of clause 19 hereof, he
shall be entitled to charge such additional Freight and
Costs as the Carrier may determine; or
    
(c)  Abandon the Carriage of the Goods and place them
at the Merchant's disposal at any place or port which the
Carrier may deem safe and convenient, whereupon the
responsibility of the Carrier in respect of such Goods
shall cease. The Carrier shall nevertheless be entitled to
full Freight on the Goods received for the Carriage, and
the Merchant shall pay any additional costs incurred by
reason of the abandonment of the Goods. If the Carrier
elects to use an alternative route under clause 20(a) or to
suspend the Carriage under clause 20(b) this shall not
prejudice his rights subsequently to abandon the Carriage.
   
21. DANGEROUS GOODS
    
21.1  No Goods which are or which may become of
dangerous, noxious, hazardous, flammable, or damaging
nature (including radioactive material), or which are or
may become liable to damage any Persons or property
whatsoever and whether or not so listed in any official or
unofficial, international or national code, convention,
listing or table shall be tendered to the Carrier for
Carriage without previously giving written notice of their
nature, character, name, label and classification (if
applicable to the Carrier and obtaining his consent in
writing and without distinctly marking the Goods and the
Container or other covering on the outside so as to
indicate the nature and character of any such Goods and so
as to comply with any applicable laws, regulations or
requirements. If any such Goods are delivered to the
Carrier without obtaining his consent and/or such  marking
or if in the opinion of the Carrier the Goods are or are
liable to become of a dangeours, noxious, hazardous,
flammable or damaging nature they may at any time or place
be unloaded, destroyed, disposed of, abandoned or rendered
harmless without compensation to the Merchant and without
prejudice to the Carrier's right to Freight and, the
Carrier shall be under no liability to make any general
average contribution in respect of such Goods.
    
21.2  The Merchant warrants that such Goods are packed
in a manner adequate to withstand the risks of Carriage
having regard to their nature and in compliance with all
laws, regulations or requirements which may be applicable
during the Carriage.
    
21.3  The Merchant shall indemnify the Carrier against all
claims, liabilities, loss, damage, delay, costs, fines,
and/or expenses arising in consequence of the Carriage of
such Goods, and/or arising from breach of any of the
warranties in clause 21.2 including any steps taken by the
Carrier pursuant to clause 21.1 whether or not the Merchant
was aware of the nature of such Goods.
    
21.4  Nothing contained in this clause shall deprive the
Carrier of any of his rights provided for elsewhere.
   
22. NOTIFICATION AND DELIVERY
    
22.1  Any mentioning in this bill of lading of parties to
be notified of the arrival of the Goods is solely for
information of the Carrier Failure to give such
notification shall not involve the Carrier in any;
liability nor relieve the Merchant of any obligations
hereunder.
     
22.2  The Merchant shall take delivery of the Goods within
the time provided for in the Carrier's applicable Tariff.
If the Merchant fails to do so, the Carrier may without
notice unpack the Goods if packed in containers and/or
store the Goods ashore, afloat, in the open or under cover
at the sole risk of the Merchant. Such storage shall
constitute due delivery hereunder, and thereupon all
liability whatsoever of the Carrier in respect of the Goods
or that part thereof shall cease and the costs of such
storage shall forthwith upon demand be paid by the Merchant
to the Carrier.
    
22.3  If the Goods are unclaimed within a reasonable time
or whenever in the Carrier's opinion the Goods are likely to
deteriorate, decay or become worthless, or incur charges
whether for storage or otherwise in excess of their value,
the Carrier may at his discretion and without prejudice to
any other rights which he may have against the Merchant
without notice and without any responsiblity attaching to
him self abandon or otherwise dispose of the Goods at the
sole risk and expense of the Merchant and apply any
proceeds of sale in reduction of the sums due to the
Carrier from the Merchant in respect of this bill of lading.
    
22.4  Refusal by the Merchant to take delivery of the
Goods in accordance with the terms of this clause and/or to
mitigate any loss or damage thereto shall constitute a
waiver by the Merchant to the Carrier of any claim
whatsoever relating to the Goods or the Carriage thereof.
    
22.5  The Carrier may in his absolute discretion receive
the Goods as Full Container Load and deliver them as less
than full Container Load and/or as break bulk Cargo and/or
deliver the Goods to more than one receiver. In such event
the Carrier shall not be liable for any shortage, loss,
damage or discrepancies of the Goods, which are found upon
the unpacking of the Container.
   
23. BOTH-TO-BLAME COLLISION CLAUSE
    
23.1  The Both-to-Blame Collision and New Jason clauses
published and/or approved by BIMCO and obtainable from the
Carrier or his agent upon request are hereby incorporated
herein.
   
24. GENERAL AVERAGE AND SALVAGE
    
24.1  In the event of accident, danger, damage or disaster
before or after the commencement of the voyage, resulting
from any cause whatsoever, due to negligence or not, for
which, or for the consequences of which, the Carrier is not
responsible, by statute, contractor or otherwise, the
Merchant shall contribute with the Carrier in general
average to the payment of any sacrifice, lossses 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. All expenses in connection with a
general average or salvage act to avoid damage to the
environment shall always be considered general average
expenses.
    
24.2  Any general average on a vessel operated by the
Carrier shall be adjusted according to the York/Antwerp
Rules of 1994 at any port or place and in any currency at
the option of the Carrier.  Any general average on a vessel
not operated by the Carrier (whether a sea going or inland
waterways vessel) shall be adjusted according to the
requirements of the operator of that vessel.
     
24.3  Such security including a cash deposit as the
Carrier may deem sufficient to cover the estimated
contribution of the Goods and any salvage and special
charges thereon, shall, if required, be submitted to the
Carrier prior to delivery of the Goods. The Carrier shall
be under no obligation to exercise any lien for general
average contribution due to the Merchant.
    
24.4  If a salvaging ship is owned or operated by the
Carrier, salvage shall be paid for as fully as if the
said salvaging ship belonged to strangers.
    
25. VARIATION OF THE CONTRACT
    
No servant or agent of the carrier shall have the power
to waive or vary any Terms and Conditions of this bill of
lading unless such waiver or variation is in writing and
is specifically authorised or ratified in writing by the
Carrier.
    
26. LAW AND JURISDICTION
    
Whenever clause 6.2(d) and/or whenever US COGSA applies, 
whether by virtue of Carriage of the Goods to or from the
United States of America or otherwise, that stage of the
Carriage is to be governed by United States law and the
United States Federal Court of the Southern District of New
York is to have exclusive jurisdiction to hear all disputes
in respect thereof. In all other cases, this bill of lading
shall be governed by and construed in accordance with
English Law and all disputes arising hereunder shall be
determined by the English High Court of Justice in London
to the exclusion of the jurisdiction of the courts of
another country.

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