Effective	27FEB2020
Filed	27FEB2020
Filing Codes	IC

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:
     
OCEAN BILL OF LADING TERMS AND CONDITIONS
  
1. DEFINITIONS AND RULES OF CONSTRUCTION.
  
  (a) As used in this Bill of Lading:
  
"Carriage" means the whole of the carriage, handling and storage of
Goods, and other operations and services undertaken or performed by
or on behalf of the Carrier in respect of the Goods.
  
"Carrier" means the company stated on the front of this Bill of
Lading as being the Carrier and on whose behalf this Bill of Lading
has been signed together with Ingram Logistics Services LLC (if
different from the company stated on the front of this Bill).
  
"Charges" includes freight, dead freight, demurrage, detention, and
all expenses and other money obligations incurred and payable by the
Shipper with respect to the Carriage or otherwise under the
applicable tariffs or this Bill of Lading.
  
"COGSA" means the Carriage of Goods by Sea Act of the United States
of America approved on 16th April 1936, as amended and recodified
from time to time.
  
"Container" includes any container, trailer, transportation tank,
lift van, flat, pallet, or any similar article of transport used to
hold or consolidate goods.
  
"Goods" means the cargo described on the face of this Bill of Lading
and, if the cargo is on, in or otherwise Stuffed into Containers
supplied or furnished by or on behalf of the Shipper, includes the
Containers.
  
"Governmental Authority" includes: all U.S. and foreign national,
federal, state, local, and other governments; government
corporations, authorities, boards, commissions, ports, bodies, and
entities; and all departments, ministries, agencies, bureaus,
offices, and subdivisions of any of the foregoing.
  
"Hague Rules" means the provisions of the International Convention
for Unification of Certain Rules Relating to Bills of Lading signed
at Brussels on 25th August 1924.
  
"Hague-Visby Rules" means the Hague Rules as amended by the protocol
signed at Brussels on 23rd February 1968..
  
"Harter Act" means 46 U.S.C. Sec.30702, et seq., as amended and
recodified from time to time.
  
"Herein," "hereof," and "hereto" are references to this Bill of
Lading.
  
The terms "include," "including," and similar terms shall be
construed as if followed by the words "but not limited to."
  
"Law" means all present and future laws, statutes, codes, rules,
regulations, ordinances, rules of law, principles of law, orders,
decrees, judgments, directives or the equivalent, and all
international conventions and treaties to the extent applicable by
the terms of this Bill of Lading, including without limitation the
SOLAS Rules.
  
"Shipper" includes the shipper, the consignor, the consignee, the
receiver of the Goods, the holder of this Bill of Lading, any Person
owning or entitled to the possession of the Goods or this Bill of
Lading, any Person having a present or future interest in the Goods,
or any Person acting on behalf of any of the above mentioned Persons.
If more than one Person is a "Shipper" under this Bill of Lading,
then all of Shipper's representations, warranties, covenants,
indemnities, agreements, consents, and waivers under this Bill of
Lading shall be joint and several, but Carrier may exercise its
rights and remedies upon the breach or default by any one Person
constituting the Shipper (with or without exercising rights or
remedies against the Goods, any other property, or any other Person).
  
"Participating Carrier" means any other carrier by water, land, or
air, performing any stage of the Carriage, including inland carriers,
whether acting as sub-carrier, connecting carrier, substitute
carrier, and/or bailee.
  
"Particulars" includes all manner of details with respect to the
Goods, including the exact description, weight, kind, nature,
content, measure, gauge, quantity, quality, condition, marks,
numbers, and value.
  
"Person" includes an individual, corporation, limited liability
company, general or limited partnership, joint venture, association,
trust, Participating Carrier, Governmental Authority, and any other
type of organization or entity.
  
"Shipping Unit" means each physical unit or piece of cargo not
shipped in a package including articles or things of any description
whatsoever, except Goods shipped in bulk and irrespective of the
weight or measurement unit employed in calculating freight charges,
and includes the term "customary freight unit" as used in COGSA
(where applicable by its own force or by agreement), and, otherwise,
"unit" as used in the Hague Rules, the Hague-Visby Rules, or any
national legislation adopting the Hague Rules or the Hague-Visby
Rules.
  
"SOLAS Rules" means the requirements established under the
International Convention for the Safety of Life at Sea, 1 November
1974, 1184 UNTS 3 as codified and amended from time to time,
including any national legislation adopting SOLAS Rules and the
amendment to regulation VI/2 (requiring the mandatory provision of
the verification of the gross mass of packed containers and the
Guidelines regarding the verified gross mass of a container carrying
cargo (MSC.1/Circ.1475).
  
"Stuffed" includes filled, consolidated, packed, loaded, or secured,
and references to "Stuffed" include placing in or on the relevant
Container.
  
"United States" means the United States of America.
  
"Vessel" means the vessel named on this Bill of Lading and any other
vessel, ship, barge, lighter, watercraft, or other means of transport
which is or shall be substituted, in whole or in part, for such
vessel.
  
  (b) Words denoting the singular shall include the plural, and vice
versa, and words denoting any gender shall include all genders; and
captions of sections of this Bill of Lading are inserted for
convenience only and shall not be deemed a part hereof or affect the
construction or interpretation of any provisions of this Bill of
Lading. Whenever reference is made to Carrier's agreement, approval,
or consent or to any arrangement involving Carrier, even if not
specifically so stated, such agreement, approval, arrangement, or
consent shall not be binding upon Carrier unless in writing and
signed by a duly-authorized representative of Carrier, and Carrier
may withhold such agreement, approval, arrangement, or consent in its
sole discretion. All warranties by Shipper shall be construed to
include representations of fact.
  
2. TARIFF. All applicable provisions of Carrier's tariffs that are
published in accordance with the requirements of the Federal Maritime
Commission or any other Governmental Authority are incorporated
herein by reference. Copies of such provisions are obtainable from
the Carrier upon request or from the relevant Governmental Authority
with whom the tariffs have been filed.
  
3. OTHER AGREEMENTS. This Bill of Lading, together with terms set
forth in Carrier's invoices supersede all agreements or engagements 
for the shipment of the Goods. All provisions of this Bill of Lading,
whether written, typed, stamped, or printed, are accepted and agreed
by the Shipper and upon Shipper's tendering any Goods for Carriage 
will be deemed to be accepted without qualification or reservation as
fully as if signed by the Shipper, any local customs or privileges to
the contrary notwithstanding. Nothing in this Bill of Lading shall
operate to limit or deprive the Carrier of any statutory or other
protection or exemption from or limitation of liability.  If required
by the Carrier, a signed original Bill of Lading duly endorsed must
be surrendered to the Carrier or its agent at the Port of Discharge
prior to the release of any Goods.
  
4. WARRANTY. Shipper warrants that in agreeing to the terms hereof he
is, or is the agent of and has the authority 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.
  
5. CARRIER RESPONSIBILITY - GENERAL PROVISIONS.
  
  (a) If any portion of the Carriage is to or from the United States,
or if Law other than United States Law is not compulsorily
applicable, COGSA will govern before loading and after discharge and
during the entire time between the time the Goods are received from
and redelivered to the Shipper, unless otherwise required by the
Harter Act or by other applicable United States Law. In any trade
that does not involve any carriage to or from the United States, the
Hague Rules (or compulsorily applicable national Law implementing the
Hague Rules) will govern Carrier's liability, limits on liability,
and exemptions for loss, damage, or delay related to or in connection
with the Goods, except where the Hague-Visby Rules are compulsorily
applicable Law, in which case the Hague-Visby Rules will govern such
liability, limits on liability, and exemptions, provided:
  
   (i) Shipper acknowledges and agrees that the Carrier is a
non-vessel owning common carrier, that it does not own, lease,
RT
engage in cargo handling or storage, as a result of which Carrier
will be required to (and may, in its sole discretion) subcontract
with Persons (at any tier), to transport, handle or store cargo to
accomplish all or part of the Carriage. Shipper is bound by the
limitations on, and exemptions from, liability that are contained in
the tariffs, bills of lading, and other contracts by which such other
Persons are engaged to perform all or part of the Carriage. Such
other Persons shall enjoy the benefit of all of Carrier's rights and
liberties with respect to the Goods and the Carriage. The Shipper
agrees that the Carrier will be deemed to be a beneficiary of the
tariffs, bills of lading, and contracts of such other Persons and of
all limitations of, and exemptions from, liability therein contained
even though the Carrier acts as agent of the Shipper in contracting
with the actual Person for the Carriage of the Goods.  Under no
circumstances will the Carrier be responsible for any damages to an
extent greater than it can recover from the actual Person engaged to
perform all or part of the Carriage or any beneficiaries of its bill
of lading and Shipper hereby waives any such argument.
  
   (ii) Carrier shall be entitled to (and nothing in this Bill of
Lading shall operate to deprive or limit such entitlement) full
benefit of, and rights to, all limitations of and exclusions from
RT
Law of any country (including, where applicable, Chapter 305 of Title
46 of the United States Code, and other relevant provisions of the
United States Code) and without prejudice to the generality of the
foregoing also all Laws available to the owner of the Vessels on
which the Goods are carried.
  
  (b) The Carrier undertakes to procure such services as necessary
and shall have the right at its sole discretion to select any modes
of land, sea, or air transport and to arrange participation by other
Persons who handle or store cargo, or provide other services, to
accomplish the total or any part of the Carriage between the Place of
Receipt and the Place of Delivery as shown on this Bill of Lading.
  
  (c) In the event that it is proven that loss or damage occurred
during Carriage, but the stage of Carriage during which loss of or
damage to the Goods occurred cannot be proved, it will be
irrebuttably presumed that the loss or damage occurred while the
Goods were on the Vessel, and all obligations, rights, and immunities
of Carrier and Shipper with respect to such loss or damage shall be
determined accordingly.
  
  (d) The rights, defenses, exemptions, limitations of and
exonerations from liability, and immunities of whatsoever nature
provided for in this Bill of Lading shall apply in every action or
proceeding against the Carrier, its agents or servants, Participating
Carriers, independent contractors, or other Persons engaged to
perform all or part of the Carriage, whether in tort, contract, or
otherwise.
  
  (e) Services performed by Carrier as to Goods before their receipt
by or for Carrier at the Place of Receipt shown on this Bill of
Lading or after their delivery by or for Carrier at the Place of
Delivery shown on this Bill of Lading were or shall be performed
solely as agent for the Shipper, and Carrier shall have no
responsibility or liability as a Carrier for any acts or omissions of
any Persons or loss of or damage or delay to the Goods during such
periods.
  
6. CARRIER RESPONSIBILITY - LIMITATIONS.
  
  (a) Package, Customary Freight Unit, or Shipping Unit Limitation.
  
   (i) Where COGSA applies to this Bill of Lading (whether by its own
force or by agreement), Carrier shall not be liable for loss or
damage in an amount exceeding US$500 lawful money of the United
States per package, or in case of Goods not shipped in packages, per
Shipping Unit, unless a higher declared value has been made and
noted, and extra Charges paid, in accordance with Clause 6(b) hereof.
 
   (ii) Where COGSA does not apply, but where the Hague Rules,
Hague-Visby Rules, or any legislation making such rules compulsorily
applicable to this Bill of Lading apply, Carrier shall not be liable
for loss or damage to or in connection with the Goods in an amount
exceeding the package or Shipping Unit limitation as laid down by
such Rules or legislation, unless a higher declared value has been
made and noted, and extra Charges paid, in accordance with Clause
6(b) hereof. If no limitation amount is applicable under such Rules
or legislation, the limitation shall be US$500 per Shipping Unit.
  
   (iii) Where neither COGSA, nor the Hague Rules, nor the
Hague-Visby Rules, nor any legislation applying such Rules is
compulsorily applicable, Carrier's liability shall not exceed US$500
per Shipping Unit or US$2 per kilo of the gross weight of the Goods
lost, damaged, or in respect of which the claim arises, or the value
of such Goods, whichever is less.
  
   (iv) Where a lesser monetary limitation is applicable, such as
during handling by a Participating Carrier or independent contractor
and damage occurs during its or their period of care, custody,
control, and/or responsibility, the Carrier shall be entitled to
avail itself of such lesser limitation.
  
  (b) Ad Valorem - Declared Value of Package or Shipping Unit.
  
   (i) To secure a due proportion between the charges it earns and
the amount for which it may be responsible in the event of loss or
damage to the Goods, Carrier has established its regular, lower rates
and charges based on the limited value of the Goods as agreed herein.
Carrier's liability may be increased to a higher value by a
declaration in writing of the value of the Goods by the shipper
before delivery to Carrier of the Goods for shipment, such higher
value being inserted on the front of this Bill of Lading in the space
provided and, if required by Carrier, extra freight, premiums, and
other Charges paid. Unless the Shipper so declares the value of the
Goods and pays ad valorem charges, the Shipper is deemed to have
elected the regular, lower charges of Carrier, and to have agreed
that, for purposes of computing any liability of Carrier, the
limitations of liability set forth in Clause 6(a) hereof shall apply.
In such case if the actual value of the Goods shall exceed such
declared value, the value shall nevertheless be deemed to be the
declared value and Carrier's liability, if any, shall not exceed the
declared value and any partial loss or damage shall be adjusted pro
rata on the basis of such declared value.
  
   (ii) The value of the Goods shall be determined according to the
commodity exchange price at the place and time of delivery to Shipper
or at the place and time when they should have been so delivered or
if there is no such price according to the current market price by
reference to the normal value of Goods of the same kind and quality,
at such place and time.
  
  (c) Definition of Package or Shipping Unit. Where a Container is
used to consolidate Goods and such Container is Stuffed by Carrier,
the number of packages or Shipping Units stated on the face of this
Bill of Lading in the box provided shall be deemed the number of
packages or Shipping Units for the purpose of any limit of liability
per package or Shipping Unit provided in any applicable international
convention or national Law relating to the carriage of goods by sea.
Except as aforesaid the Container shall be considered the package or
Shipping Unit. As to Goods shipped in bulk the limitation applicable
thereto shall be the limitation provided in such Law which may be
applicable and in no event shall anything herein be construed to be a
waiver of limitation as to Goods shipped in bulk.
  
  (d) Valuables.  The Carrier shall not be liable to any extent for
any loss or damage to or in connection with platinum, gold, silver,
jewelry, precious stones, precious metals, radioisotopes, precious
chemicals, bullion, specie, currency, negotiable instruments,
securities, writings, documents, pictures, embroideries, works of
art, curios, heirlooms, collections of every nature, or any other
valuable Goods whatsoever, including Goods having particular value
only for the Shipper, unless the true nature and value of the Goods
have been declared in writing by the Shipper before receipt of the
Goods by the Carrier, and the same inserted in this Bill of Lading
and ad valorem freight has been prepaid thereon.
  
  (e) Fire Exemption. Neither Carrier nor any Person controlled by or
under common control with Carrier shall be liable to answer for or
make good any loss or damage to Goods occurring at any time
(including before loading on or after discharge from the Vessel) by
reason or by means of any fire, wherever and howsoever occurring,
unless such fire shall have been caused by the actual fault or
privity of the Carrier or such Person, respectively. In any situation
where such exemption from liability may not be permitted by Law,
neither Carrier nor such Person shall be liable for any loss or
damage by the fire unless caused by negligence, including that
imputed by the Law, of Carrier or Person, respectively.
  
  (f) Third Party Custody of Goods. Any other provision hereof to the
contrary notwithstanding, Shipper agrees and acknowledges that (i)
Carrier shall not be liable in any capacity whatsoever for any delay,
non-delivery, mis-delivery, loss, or damage to the Goods occurring
while the Goods are not in the actual possession of Carrier or of
Carrier's agents and (ii) if Shipper directs that any Goods be moved
from a container yard to a facility or the premises of any other
third-party, and such Goods are thereafter lost, stolen, or damaged,
in whole or in part, while under the care, custody, or control of
such third party or by a carrier that transports the Goods, Carrier
shall have no liability for any such loss or damage whatsoever. If
Shipper asserts a claim for such delay, non-delivery, mis-delivery,
loss, damage, or any fault or negligence, and Carrier is required to
defend against a claim or pay any claim related thereto, Shipper
shall defend, indemnify and hold harmless the Carrier with respect
thereto.
  
7. ROUTES AND DEVIATION; LIBERTIES.
  
  (a) Without notice to the Shipper, the Carrier 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, including deviations for
purposes not directly necessary for a prompt and direct
accomplishment of the Carriage. Carrier does not warrant any specific
route, Vessel, method of transport, or delivery date.
  
  (b) In any situation whatsoever, whether or not existing or
anticipated before commencement of or during the transport of the
Goods, which in the judgment of the Carrier (or any other Person who
carries, handles, or stores or is to carry, handle, or store the
Goods):
  
   (i) has given or is likely to give rise to danger, injury, loss,
hindrance, risk, difficulty, delay, or disadvantage of whatsoever
nature to the Vessel, any vehicle or other means of transport, the
Carrier, any other Person, the Goods, or any other property;
  
   (ii) a Participating Carrier intended to be used for the Carriage
suspends service for all or part of the intended Carriage;
  
   (iii) the Carrier or the Carriage is adversely affected by a
circumstance described in Clause 7(d) hereof, or there is a
reasonable apprehension thereof;
  
   (iv) a vendor of Goods not supplied by the Carrier asserts a legal
right to recover, reclaim, or replevy such Goods;
  
   (v) any Person constituting the Shipper files or becomes subject
to proceedings in bankruptcy, receivership, or insolvency, to an
assignment for the benefit of creditors, or any other similar
proceeding or transaction;
  
   (vi) Goods are seized by judicial or nonjudicial means, arrested,
executed against, detained, requisitioned, or acquired by a
Governmental Authority; or
  
   (vii) has rendered or is likely to render it in any way unsafe,
impracticable, unlawful, or against the interest of the Carrier or
the Shipper to commence or continue the Carriage or to discharge the
Goods at the intended port or place of discharge, or to transport the
Goods by the route or in the manner originally intended by the
Carrier, the Carrier at any time shall be entitled to do any or all
of the following, without prior notice to Shipper: terminate the
Carriage; store the Goods; transship or forward the Goods; divert the
Goods; unpack Goods from their Containers; and, in the exercise of
its reasonable discretion, dispose of the Goods in such way as the
Carrier may deem advisable, and, without limiting the foregoing:
  
  (w) Carrier shall be entitled, before the Goods are loaded on the
Vessel or other mode of transport, to cancel this Bill of Lading
without incurring liability to the Shipper or any other Person for
compensation or damages, and to require the Shipper to take delivery
of the Goods, and upon Shipper's failure to do so, to store the Goods
anywhere;
  
  (x) if the Goods are at a place awaiting transshipment, Carrier
shall be entitled to terminate the Carriage there and to store the
Goods at any place selected by the Carrier, transship or forward the
Goods to an alternative destination, and, in the case of the
circumstances set forth in Clause 7(b)(iv) hereof, transship or
forward the relevant Goods to an alternative recipient designated by
the relevant vendor;
  
  (y) if the Goods are loaded on the Vessel or other mode of
transport, Carrier shall be entitled to discharge the Goods or any
part thereof at any port or place selected by the Carrier or to carry
them back to the Port of Loading or Place of Receipt and there
discharge them; and
  
  (z) in the case of the circumstances set forth in Clause 7(d)
hereof impose surcharges to cover all extra expenses (including extra
insurance premiums and cost of diversion).
  
All actions under Clauses (w), (x), (y), or (z) above constitute
complete and final delivery and full performance of this Bill of
Lading, and the Carrier thereafter will be freed from any
responsibility hereunder.
  
  (c) If the Carrier makes arrangements to store, transship, or
forward the Goods, it shall do so solely as agent of and for and at
the sole risk and expense of the Shipper without any liability
whatsoever in respect of Carrier's acts or omissions as agent, and
the Shipper shall reimburse the Carrier forthwith all extra freight
charges and other extra expenses thereby incurred.
  
  (d) The situations referred to in Clause 7(b)(iii) hereof shall
include those caused by: the existence or apprehension of war
(declared or undeclared), hostilities, warlike or belligerent acts or
operations, riots, civil commotions, or other disturbances; closure
of, obstacles in, or danger to any canal, river, or lock and dam
structure; blockade of port or place or prohibition of or restriction
to commerce or trading; embargo; piracy; quarantine, sanitary, or
other similar regulations or restrictions; strikes, lockouts, or
other labor troubles whether partial or general and whether or not
involving employees of the Carrier or its subcontractors; congestion
of port, dock, wharf, or any other place; shortage, absence, or
obstacles of labor or facilities for loading, discharge, delivery, or
other handling of the Goods; epidemics or diseases and related
quarantines; Carrier making a determination that the Goods cannot be
safely or properly carried further; or bad weather, shallow water,
ice, landslip, or other obstacles in navigation or haulage.
  
  (e) The Carrier shall have liberty to comply with orders,
directions, regulations, recommendations, or suggestions as to
departure, arrival, route, ports of call, stoppage, loading,
discharge, handling, destination, reshipment, transshipment, deposit,
or storage in any place or places, delivery, surrender, quarantine,
disposal, or otherwise, howsoever given by any Governmental Authority
or by any other Person having, under the terms of any insurance on
the Vessel or the Goods, the right to give such order, directions,
regulations, recommendations, or suggestions.
  
  (f) The liberties set out in this Clause 7 may be invoked for any
purpose whatsoever even if not connected with the Carriage covered by
this Bill of Lading, and any action taken or omitted to be taken, and
any delay arising therefrom, shall be deemed to be within the
contractual and contemplated Carriage and not be an unreasonable
deviation.
  
  (g) Promptly after invoking, or becoming aware of any Person who
fulfills any part of the Carriage invoking, any liberties set out in
this Clause 7, Carrier shall give notice thereof to Shipper. All
additional freight and other Charges (including a reasonable recovery
for Carrier's personnel and internal expenses) that are incurred as a
result of any invocation of this Clause 7 shall be for the account of
Shipper, who shall promptly pay the same. Such Charges and amounts
that are incurred or recoverable hereunder in connection with a
situation with regard to the Goods and other property may be
reasonably allocated by Carrier between the Goods and such other
property.
  
  (h) Without limiting Shipper's other obligations under this Bill of
Lading, Shipper shall defend, indemnify, and hold harmless the
Carrier against all losses and liabilities suffered or incurred by
the Carrier as a result of the circumstances referred to in this
Clause 7.
  
8. MERCHANT'S RESPONSIBILITY.
  
  (a) The Particulars of the Goods set out on the face hereof and any
Particulars or other representation appearing on the Goods,
Containers, or other packages or documents relating thereto are
furnished by the Shipper, and the Shipper warrants to the Carrier the
accuracy and completeness of all such information including without
limitation all verified gross mass requirements under the SOLAS
Rules.
  
  (b) Shipper warrants that it has complied with all applicable Laws
and requirements of port and other authorities and shall bear and pay
all duties, taxes, fines, imposts, expenses, and losses incurred or
suffered by reason thereof or by reason of any illegal, incorrect, or
insufficient marking, numbering, addressing, or any other Particulars
of the Goods.
  
  (c) Shipper warrants that the Goods are packed in a manner adequate
to withstand the ordinary risks of carriage having regards to their
nature and in compliance with all applicable Laws.
  
  (d) Shipper shall be liable for the loss, damage, contamination,
soiling, detention, or demurrage before, during, and after the
Carriage of property (including Containers) of Carrier or any Person
or Vessel that is caused by Shipper or any Person acting on Shipper's
behalf or for which Shipper is otherwise responsible.
  
  (e) Payment of any amounts due hereunder to a forwarder, broker, or
any Person other than Carrier or its duly-authorized agent shall not
be deemed payment to Carrier and shall be made at the payer's risk.
All amounts for which Shipper is liable under this Bill of Lading are
due upon demand.  Shipper shall pay interest on any amounts owed under
this Bill of Lading that are not paid when due at one and one half 
percent (1.5%) per month (19.72% annum).
  
9. DANGEROUS GOODS, CONTRABAND.
  
  (a) Shipper warrants that the Goods are not, and shall not become,
of an explosive, inflammable, radioactive, corrosive, damaging,
noxious, hazardous, poisonous, injurious, or dangerous nature, and
agrees that such Goods shall be transported only upon the Carrier's
acceptance (granted or withheld in its sole discretion) of a prior
written application by shipper for the carriage of such Goods. Such
application must accurately state the nature, name, label, and
classification of the Goods, the method of rendering them innocuous,
the full names and addresses of the shipper and consignee, and all
certificates and other documents required by Law. Shipper shall not
tender contraband for shipment.
  
  (b) The Shipper shall ensure that the nature of the Goods referred
to in the preceding paragraph is distinctly and permanently marked on
the outside of their packages and Containers and shall submit the
documents or certificates required by any applicable Laws or by the
Carrier before tendering the Goods for shipment.
  
  (c) Whenever Goods are discovered to have been received by the
Carrier and the Shipper has not complied with Clauses 9(a) or (b)
hereof, or the Goods are found to be contraband or prohibited by any
applicable Laws, the Carrier shall be entitled to have such Goods
rendered innocuous, thrown overboard, discharged, or otherwise
disposed of at the Carrier's discretion without liability, and the
Shipper shall be liable for and shall indemnify the Carrier against
all loss, damage, and liability, including general average and loss
of freight and other Charges, and any other expenses directly or
indirectly arising out of or resulting from such Goods or any action
by Carrier authorized herein with respect to any Goods.
  
10. CONTAINERS.
  
  (a) Carrier shall not be liable for loss or damage to the Goods
Stuffed in Containers: (i) caused by the manner in which the
Container has been Stuffed; (ii) caused by the unsuitability of the
Goods for carriage in Containers; (iii) caused by the unsuitability
or defective condition of the Container; or (iv) if the Container is
not sealed at the commencement of the Carriage, except where Carrier
has agreed to seal the Container.
  
  (b) As to Containers Stuffed by Carrier, this Bill of Lading is
prima facie evidence of the receipt only of the number of packages,
Shipping Units, or Containers as shown on the face hereof. As to
other Containers, this Bill of Lading is conclusive evidence of such
matters. In all cases, the nature, order, and condition of the
contents and any Particulars are unknown to the Carrier, who has no
responsibility in respect thereof.
  
  (c) If the Containers are delivered by the Carrier with seals
intact, such delivery shall be deemed as full and complete
performance of the Carrier's obligation hereunder and the Carrier
shall not be liable for any loss of or damage to the contents of the
Containers except to the extent that the Containers have been
penetrated while in the custody of Carrier under circumstances for
which it is liable.
  
  (d) Carrier shall be at liberty to open all Containers and inspect
the contents of the Containers without notice to the Shipper at such
times and places as the Carrier may deem appropriate, and all
expenses incurred therefrom shall be reimbursed to the Carrier or
borne directly by the Shipper. In case the seals of Containers are
broken by Governmental Authorities or other authorities for
inspection of the contents of the Containers, the Carrier shall not
be liable for any loss, damage, expenses, or any other consequences
arising or resulting therefrom.
  
  (e) Shipper shall return all Containers in the same order and
conditions as handed over to Shipper (normal wear and tear excepted),
with interiors clean, and prior to the accrual of any demurrage,
detention, or other delay charges.
  
11. SPECIAL CONTAINERS.
  
  (a) Shipper warrants that it has not tendered for transportation
any Goods which require temperature, humidity, ventilation, or other
control without previously having made special arrangements with the
Carrier in writing, including for the payment of additional freight
(and filling in the appropriate box on the front of this Bill of
Lading with respect to their nature and particular temperature or
other range to be maintained). In the absence of such special
arrangements, Carrier may treat the Goods or Containers only as
ordinary Goods or Containers, respectively. In the case of
temperature-, or humidity-, or ventilation-controlled Containers
Stuffed by or on behalf of Shipper, Shipper further warrants that the
Containers are and shall remain throughout the Carriage in proper
functioning order and have been delivered to the Carrier at the
proper internal temperature, humidity, ventilation, or other control
conditions, that the Goods have been properly Stuffed in the
Container, and that its controls have been properly set by Shipper
before receipt of the Goods by Carrier.
  
  (b) Carrier shall not be liable for any loss of or damage to the
Goods arising from defects, derangement, breakdown, stoppage, or
other failure of the temperature, humidity, or ventilation
controlling machinery, plant, insulation, or any other apparatus of
the Containers, provided that Carrier shall maintain the settings of
temperature-, humidity-, ventilation-, or other controlled Containers
as required in Clause 11(c) hereof.
  
  (c) If the Goods have been packed into temperature-, humidity-,
ventilation-, or other controlled Containers by the Carrier and the
particular temperature and humidity range requested by the Shipper is
inserted in the Bill of Lading, then Carrier will use due diligence
to set the controls within the requested ranges but does not
guarantee the maintenance of such temperature and humidity conditions
inside the Containers. The Carrier shall not be liable for any loss
or damage occasioned by temperature, humidity, defects or
insufficiency in or accidents to or explosion, breakdown, failure, or
inoperability of any refrigeration, heating, cooling, humidity
control, ventilation, or other control unit, including lack of fuel
or power or interruption in fuel or power supply for any reason,
unless shown to have been caused by the failure of the Carrier to
exercise due diligence to properly operate temperature-, humidity-,
ventilation-, or other controlled Containers.
  
12. STORAGE OF GENERAL CARGO.  Goods may be stowed in poop,
forecastle, deck house, shelter deck, passenger space, or any other
covered space commonly used in the trade and suitable for the
carriage of Goods, or on deck as provided in Clause 13 hereof, and
when so stowed shall be deemed for all purposes to be stowed under
deck.
  
13. DECK CARGO, LIVE ANIMALS AND PLANTS, PERISHABLES.
  
  (a) The Carrier has the right to carry the Goods in Containers
under the deck or on deck, whether or not so stated herein.
  
  (b) When the Goods are carried on deck, the Carrier shall not be
required to specially note, mark, or stamp any statement of on deck
stowage on the face hereof, any custom or usage to the contrary
notwithstanding. Carrier shall not be liable in any capacity
whatsoever for any non-delivery, misdelivery, delay, or loss of or
damage to Goods which are carried on deck and specially stated herein
to be so carried, whether or not caused by Carrier's negligence, the
Vessel's unseaworthiness, or other reasons.
  
  (c) The Carrier shall not be responsible for any accident, disease,
mortality, loss, injury, or damage to live animals, birds, reptiles,
fish, plants (including fruits and vegetables), or other perishable
Goods arising from any cause whatsoever.
  
14. DELIVERY.
  
  (a) Without giving notice of either arrival or discharge, Carrier
may discharge the Goods direct as they come to hand, at or onto any
dock, wharf, craft, or place that the Carrier may select, and
continuously, Saturdays, Sundays, and holidays included, at all such
hours by day or night as the Carrier may determine no matter what the
state of the weather or custom or rule of the port may be. Delivery
of the Goods shall be received by the consignee directly from the
ship's tackle as the Goods come to hand in unloading or as soon as
available if discharged on Carrier's dock or wharf. The Carrier shall
not be liable in any respect whatsoever if temperature-, humidity-,
ventilation-, or other control facilities or equipment shall not be
furnished during loading or discharge or before loading or after
discharge, including any part of the time that the Goods are upon or
at the dock, wharf, craft, or other place of loading, discharge, or
storage. All lighterage and use of craft in loading or discharging
shall be at the risk and expense of the Shipper, and all Charges
incurred thereby shall be paid by Shipper in addition to freight.
Landing and delivery charges and pier dues shall be at the expense of
the Shipper and shall be paid by Shipper in addition to freight.  If
the Goods are not taken away by the proper recipient by the
expiration of the next working day after the Goods are at Shipper's
disposal, the Goods may, at Carrier's option and subject to Carrier's
lien, be placed in storage or be permitted to lie where landed, but
always at the expense and risk of the Shipper and Goods.  The
responsibility of the Carrier in any capacity shall altogether cease
and the Goods shall be considered to be delivered and at their own
risk and expense in every respect when taken into custody of customs
or other Governmental Authorities.  The Carrier shall not be required
to give any notification of delivery or disposition of the Goods.
  
  (b) In case the Goods received by Carrier are in Containers into
which the contents have been Stuffed by or on behalf of the Shipper,
the Carrier shall only be responsible for delivery of the total
number of Containers shown on the face hereof, and shall not be
required to unpack the Containers and deliver the contents thereof,
in any manner; provided, however, that upon the Shipper's demand in
writing reaching the Carrier at least three days prior to the
scheduled date of arrival of the Vessel at the Port of Discharge, and
if the Carrier agrees in the exercise of its sole discretion,
Containers may be unpacked and the contents thereof may be delivered
by the Carrier to one or more receivers in accordance with the
written instructions, in which case if the seal of the Containers is
intact at the time of unpacking, all the Carrier's obligations
hereunder shall deemed to have been discharged and the Carrier shall
not be responsible for any loss or damage to the contents arising or
resulting from such delivery and the Shipper shall be liable for an
appropriate adjustment of the freight and additional charges
incurred.  In case the Goods have been Stuffed into Containers by the
Carrier, the Carrier may unpack the Containers and deliver the
contents thereof and shall not be required to deliver the Goods in
Containers. Goods may be delivered to the Shipper in Containers, in
which case if the Containers are delivered by the Carrier with seals
intact, such delivery shall be deemed as full and complete
performance of the Carrier's obligations hereunder and the Carrier
shall not be responsible for any loss of or damage to the contents of
the Containers. Delivery as provided for in this paragraph shall be
granted only when arranged prior to Carrier's receipt of the Goods
and if expressly provided for herein. The Shipper desiring to avail
itself of the delivery as provided in this paragraph must give notice
in writing to the Carrier at the first port of call of the Vessel
named in the option at least 48 hours prior to the Vessel's arrival
there, otherwise the Goods shall be landed at any of the optional
ports at the Carrier's option and the Carrier's responsibility shall
then cease.
  
  (c) The Shipper warrants to the Carrier that the marks on the
Goods, packing, and Containers correspond to the marks shown on the
Bill of Lading and also in all respects comply with all the Laws in
force at the Port of Discharge and Place of Delivery and shall
defend, indemnify, and hold harmless the Carrier against all loss,
damage, expenses, penalties, and fines arising or resulting from
incorrectness or incompleteness thereof.
  
  (d) Goods which cannot be identified as to marks and numbers, cargo
sweepings, liquid residue, and unclaimed Goods not otherwise
accounted for shall be allocated for the purpose of completing
delivery to the various Shippers and consignees of Goods of like
character, in proportion to any apparent shortage, loss of weight, or
damage, and such Goods or parts thereof shall be accepted as full and
complete delivery.
  
  (e) The term "apparent good order and condition" when used in this
Bill of Lading with respect to iron, steel, metal, or wood products
does not mean that such Goods, when received, were free of visible
rust, mold or moisture staining, chafing, and/or breakage, or when
used with reference to baled wood products or baled cotton does not
mean that the covers thereon were not torn or that the bands thereon
were free of visible rust or moisture. In any event Shipper
acknowledges and agrees that rust, oxidation, or condensation inside
any Container is not Carrier's responsibility, unless such condition
arises out of Carrier's failure to provide a seaworthy Container
prior to loading. Prior to Carrier's receipt of any Goods, Shipper
may request in writing special arrangements for Goods subject to any
of the foregoing conditions, such arrangements must be noted on this
Bill of Lading, and Shipper shall pay all special freight for such
special arrangement.
  
15. CHARGES.
  
  (a) Charges shall be deemed fully earned on receipt of the Goods by
Carrier and shall be paid and non-returnable in any event. At
Carrier's option, Charges may be calculated on the basis of the
Particulars of the Goods furnished by the Shipper who shall be deemed
to have guaranteed to the Carrier the accuracy of all Particulars of
the Goods as furnished by Shipper at the time of receipt of the Goods
by the Carrier. In case of any incorrect or incomplete including
failure to furnish) declaration of any of the Particulars of the
Goods including without limitation all verified gross mass
requirements for the Goods as required under the SOLAS Rules which
shall remain the Shipper's sole responsibility, the Shipper shall be
liable for and bound to pay to the Carrier (i) the balance of freight
between the freight charged and that which would have been due had
the correct Particulars been given, plus (ii) (because of the
difficulty in ascertaining Carrier's additional damages) as and by
way of liquidated and ascertained damages, a sum equal to the correct
freight and (iii) for any additional costs or delays incurred by
Carrier including detention, demurrage, additional re-weighing or
verification fees, and quayside rent charges. Carrier shall be
entitled to production of the commercial invoice for the Goods or
true copy thereof and to inspect, re-weigh, re-count, re-measure, and
re-value the Goods, and if any Particulars are found by Carrier to be
incorrect, Shipper shall pay Carrier the correct Charges (credit
being given for the Charges already charged) and the expenses
incurred by Carrier in establishing the correct Particulars.
  
  (b) Full freight to the Port of Discharge or Place of Delivery
named herein shall be prepaid or shall be collected at destination.
The Carrier shall be entitled to all freight and other Charges due
hereunder, and to receive and retain it irrevocably under any
circumstances whatsoever, whether or not the Vessel or the Goods are
damaged or lost, or the Carriage is interrupted or abandoned.  Full
freight shall be paid for damaged, destroyed, or unsound Goods.
  
  (c) The payment of freight or other Charges shall be made in full,
in cash without any offset, recoupment, abatement, counterclaim, or
deduction.  Where freight is payable at the Port of Discharge or
Place of Delivery, such freight and all other Charges shall be paid
in the currency named in this Bill of Lading or, at Carrier's option,
in other currency.
  
  (d) Goods once received by the Carrier cannot be taken away or
disposed of by the Shipper or vendor of the Goods except upon the
Carrier's consent and against payment of full freight and
compensation for any loss sustained by the Carrier through such
taking away or disposal. If the Goods are not available when the
Vessel is ready to load, the Carrier is relieved of any obligation to
load such Goods and the Vessel may leave port without further notice,
and dead freight shall be paid by the Shipper.
  
  (e) The Shipper shall be liable for, and indemnify the Carrier
against: (i) all dues, duties, imposts, taxes, and charges including
consular fees levied on the Goods; (ii) all fines and losses
sustained or incurred by the Carrier in connection with the Goods
howsoever caused, including the Shipper's failure to comply with
Laws, including without limitation the SOLAS Rules, or directions or
recommendations of Governmental Authorities or others in connection
with the Goods, or Shipper's failure to procure consular, health, or
other certificates or other documentation to accompany the Goods; and
(iii) Carrier's expenses incurred due to the seizure of Goods by
judicial or nonjudicial means, or if the Goods are arrested, executed
against, detained, requisitioned, or acquired by a Governmental
Authority. The Shipper shall be liable for return freight and Charges
on the Goods refused exportation or importation by any Governmental
Authorities. If the Carrier is of the opinion that the Goods stand in
need of sorting, inspecting, cooperage, bailing, repackaging,
mending, repairing, or reconditioning or require other protection or
care, the Carrier may carry out such work at the expense of the
Shipper and the Goods.  The Shipper authorizes the Carrier to incur
and pay all such Charges and expenses and to do any matters mentioned
above at the expense of and as agents for the Shipper and to engage
other Persons to regain or seek to regain possession of the Goods and
do all things deemed advisable for the benefit of the Goods.
  
  (f) All Persons constituting the Shipper shall be jointly and
severally liable to the Carrier for the payment of all Charges and
for the payment and performance of the obligations and indebtedness
of each of them hereunder.
  
16. LIEN.
  
  (a) Carrier shall have a continuing general lien - which shall
survive delivery - upon all Goods and documents related to the Goods
that are in its possession, custody, or control, or en route, for all
amounts now or hereafter owed to Carrier by Shipper, including: (i)
all Charges and other amounts owed pursuant to this Bill of Lading or
any agreement preliminary hereto (including General Average and
Shipper's indemnity obligations); (ii) amounts due to Carrier by
Shipper under any other bill of lading, contract of carriage, or any
other agreement of any type; (iii) all damages, duties, fines,
penalties, or advances in connection with the Carriage of the Goods
or any other property; (iv) Shipper's obligations to defend,
indemnify and hold harmless in connection with the Goods or Carriage;
and (v) all other sums whatsoever payable by or chargeable to or for
the account of the Shipper under this Bill of Lading or any contract
preliminary hereto, including the attorneys' fees, and other costs
and expenses incurred in recovering any of the foregoing. Without
limiting the foregoing, Carrier may withhold delivery and store the
Goods at Shipper's expense if Shipper is in default of any obligation
to Carrier whether or not it is related to the Carriage, the Goods,
or this Bill of Lading. Carrier's lien as provided for in this Clause
16 supplements Carrier's other rights under all other agreements,
under U.S. maritime law, or other applicable Law and can be
extinguished only by full and indefeasible payment of all secured
amounts. If for any reason delivery is made prior to payment of all
amounts secured by Carrier's lien, then notwithstanding the absence
of any notice, Shipper acknowledges and agrees that Carrier retains
constructive possession of the Goods until Carrier's lien is
satisfied as aforesaid. If Shipper defaults in the payment or
performance of any such obligations or indebtedness, then Carrier may
sell the Goods by public auction or private sale. Any notice required
by Law to be given by Carrier of a sale or other intended action with
respect to any Goods or documents, made by sending same to Shipper at
least ten days prior to any proposed action shall constitute fair,
reasonable, and adequate notice to Shipper. Without limiting
Carrier's rights under any Law, no advance notice is required if the
Goods to be sold are perishable or subject to rapid deterioration or
are of a type sold on a recognized market.  If, on sale of the Goods,
the proceeds fail to cover the amount due and the cost and expenses
incurred, the Carrier shall be entitled to recover the deficit from
the Shipper.
  
  (b) Without limiting the foregoing, if the Goods are unclaimed for
14 days, or whenever in the Carrier's opinion, the Goods are
perishable or subject to deterioration, or are worthless, the Carrier
may, at its discretion and subject to its lien and without any
responsibility attaching to it, sell, abandon, or otherwise dispose
of such Goods solely at the risk and expense of the Shipper.
  
17. BOTH TO BLAME COLLISION. If the Vessel comes into collision with
another ship as a result of negligence of the other ship and any act,
neglect, or default of the master, mariners, pilot, or the servants
of the Vessel in the navigation or in the management of the Vessel,
the Shipper shall defend, indemnify, and hold harmless the Carrier
against all loss or liability to the other or non-carrying ship or
her owners in so far as much loss or liability represents loss of, or
damage to, or any claim whatsoever to the other or non-carrying ship
or her owners as part of their claim against the carrying Vessel or
Carrier.  The foregoing provisions shall also apply where the owners,
operators, or those in charge of any ship or ships or objects other
than, or in addition to, the colliding ships or objects are at fault
in respect of a collision or contact.
  
  18. GENERAL AVERAGE. Shipper shall defend, indemnify, and hold
harmless the Carrier in respect of all claims of a general average
nature which may be asserted against Carrier with respect to the
Goods and prior to delivery of any Goods shall provide such security
(including cash deposits) as may be required by the Carrier in this
connection.
  
19. NEW JASON CLAUSE. In the event of accident, danger, damage, or
disaster before or after commencement of the voyage, resulting from
any cause whatsoever, whether due to negligence or not, for which, or
for the consequences of which, the Carrier is not responsible by Law,
contract, or otherwise, the Shipper shall jointly and severally
contribute with the Participating Carrier in general average to the
payment of any sacrifices, loss, or expenses of a general average
nature that may be made or incurred, and shall pay salvage and
special charges incurred in respect of the Goods.  Shipper shall pay
its contribution to general average even when such average is the
result of fault, neglect, or error of the master, pilot, or crew.
Shipper expressly waives its rights under any Laws which might
otherwise apply and afford it different rights.
  
20. HIMALAYA CLAUSE. Shipper undertakes that no claim or allegation
shall be made against any Person or Vessel whatsoever other than
Carrier, including the Carrier's servants or agents, any independent
contractors (at any time) and their servants or agents, Participating
Carriers, and all others by whom the whole or any part of the
Carriage, whether directly or indirectly, is procured, performed, or
undertaken, which imposes or attempts to impose upon any such Person
or Vessel any liability whatsoever in connection with the Goods or
the Carriage, and if any claim or allegation should nevertheless be
made, to defend, indemnify, and hold harmless Carrier against all
consequences thereof. Without limiting the foregoing, every such
Person and Vessel shall have the benefit of all provisions herein
benefiting the Carrier as if such provisions were expressly for its
benefit. It is understood and agreed that if it should be adjudged
that any Person other than or in addition to the Carrier is under any
responsibility with respect to the Goods or any other goods,
regardless of the port or place where any loss or damage shall occur
and without regard to whether the Goods covered hereby or any other
goods are being handled or are damaged directly or indirectly during
any handling, all exemptions, limitations of, and exonerations from
liability provided by Law or by the terms and conditions hereof shall
be available to all agents, servants, employees, representatives,
Participating Carriers (including road, rail, water and air
carriers), stevedores, terminal operators, warehousemen, crane
operators, watchmen, carpenters, ship cleaners, surveyors, and
independent contractors (at each tier) inclusive of all Persons
providing any service whatsoever, regardless for whom acting or by
whom retained and paid, it being always understood that such Persons
and Vessels are not entitled to any greater or further exemptions,
limitations of, or exonerations from liability than those that the
Carrier has under this Bill of Lading in any given situation. The
Shipper shall defend, indemnify, and hold harmless the Carrier
against all claims which may be made upon the Carrier by any
Participating Carrier, servant, agent, or subcontractor of the
Carrier (at any tier) in relation to the claim against any such
Person made by the Shipper.
  
21. LEGAL COMPLIANCE. The Shipper represents and warrants that it and
the Goods are in compliance with all applicable Laws and regulations,
including anti-corruption, export control, and anti-terrorism Laws,
including the U.S. Foreign Corrupt Practices Act, the
U.K. Bribery Act, the International Traffic in Arms Regulations
administered by the U.S. State Department's Directorate of Defense
Trade Controls, U.S. Export Administration Regulations administered
by the U.S. Commerce Department's Bureau of Industry and Security,
the U.S. Anti-Boycott regulations, and the various U.S. economic
sanctions programs administered by the U.S. Treasury Department's
Office of Foreign Assets Control, and that the information that
Shipper provided to Carrier in connection with Shipper's compliance
with all such applicable Laws is true and complete. The Shipper shall
also comply with all applicable Laws of any other country to, from,
through, or over which the Goods may be carried, including all
applicable Laws relating to the packing, SOLAS Rules relating to the
verified gross mass of containers, carriage, or delivery of the
Goods. Shipper represents and warrants that the export jurisdiction
and classification of the Goods is correct and that it shall
immediately notify Carrier in writing of any changes to such
information. Pursuant to the foregoing, Shipper shall furnish such
information and attach documents to this Bill of Lading as may be
necessary to comply with all applicable Laws. Shipper shall indemnify
and hold Carrier harmless against any and all claims, losses, or
damages arising from the conduct of Shipper or any of its officers,
directors, employees, agents, owners, shareholders, or other Persons
acting for or with Shipper that constitutes a violation of Shipper's
obligations, representations, and warranties contained herein.
  
22. U.S. SECURITY. If the Vessel calls in the United States,
including any United States territory, the following provisions shall
apply with respect to applicable Law or measures:
  
  (a) Each delay suffered or time lost in obtaining the entry and
exit clearances from the relevant Governmental Authorities shall be
counted as time of detention.
  
  (b) All expenses or additional fees related to any of the Goods,
even if levied against the Vessel, that arise out of security
measures imposed at the loading or discharging port shall be for the
Shipper's account.
  
23. LIMITATION OF LIABILITY. All claims for which the Carrier may be
liable shall be adjusted and settled on the basis of Shipper's net
invoice cost, plus freight and cargo insurance premium, if paid.  In
no event shall the Carrier be liable for any indirect, incidental,
delay, consequential, punitive, statutory or special damages,
including lost profits, income or opportunity, whatsoever and
howsoever caused, even if Carrier is on notice of the possibility of
such damages or for the acts or omissions of any other person. These
limitations and exclusions are effective even if they cause any
permitted remedy to fail of its essential purpose. Carrier does not
undertake that the Goods shall arrive at any particular time or meet
any particular market or use.  Without prejudice to the foregoing, if
Carrier is found liable for delay, liability shall be limited to the
freight charges applicable to the relevant stage of the Carriage.
  
24. INDEMNITY. Without limiting Shipper's other indemnity obligations
under this Bill of Lading, Shipper agrees to indemnify and hold
harmless the Carrier from and against all charges, claims, damages,
liabilities, costs, expenses, or other payments or losses (including
purchase price, freight, storage, demurrage, detention, duties,
taxes, fines, penalties, consequential or exemplary damages, or other
money, and including the Carrier's litigation expenses and reasonable
attorneys' fees) incurred by the Carrier in connection with or
arising from any one or more of: (i) any breach of any
representation, warranty, indemnity, or covenant by Shipper,
including any failure of the Shipper to pay or perform its
obligations to the Carrier or to any third party (including any
carrier, vendor, vendee, holder of this Bill of Lading, Governmental
Authority, or other Person); (ii) any other claim by any such third
party; (iii) all claims and liabilities and all expenses arising from
the Carriage insofar as such claim or liability exceeds Carrier's
liability under this Bill of Lading; (iv) breach of the applicable
tariff or this Bill of Lading by Shipper; and (v) the negligence,
gross negligence, willful misconduct, or unlawful acts or omissions
of Shipper. The confiscation or detention of the Goods or other
property by any third party shall not affect or diminish the
Shipper's liability to the Carrier to pay all charges or other money
due promptly upon demand.  All obligations of the Shipper in this 
Bill of Lading to indemnify Carrier are deemed to include the 
obligations to defend and to hold harmless. Throughout this Bill of
Lading, where the Shipper is stated to have an obligation to defend,
indemnify, and hold harmless the Carrier, the Carrier may tender
defense of the matter to the Shipper, or may select counsel of 
Carrier's choosing, giving notice of the selection to the shipper 
and any known holder of this Bill of Lading, and defend the matter, 
and the Shipper shall timely pay all expenses incurred thereby, 
including attorneys' fees and all other reasonable costs and 
expenses related thereto.
  
25. PROJECT, NON CONTAINERIZED, BREAK BULK, BULK, AND HEAVY LIFT
GOODS. When Carrier undertakes the Carriage of project, non
containerized, break bulk, bulk, and other heavy lift Goods, Carrier
is undertaking such work pursuant to Carrier's Project Cargo Terms
and Conditions, including the limitations of liability set forth
therein, all of which are hereby incorporated by reference. Carrier's
Project Cargo Terms and Conditions will be provided upon written
request to LegalDept@ingrambarge.com. 
  
26. NOTICE OF CLAIM AND TIME FOR SUIT. Unless notice of loss or
damage and the general nature of such loss or damage is given in
writing to the Carrier at the Port of Discharge or Place of Delivery,
or at the Carrier's address shown on the Bill of Lading, before or at
the time of delivery of the Goods or, if the loss or damage is not
readily apparent, within three days after delivery, the Goods will be
deemed to have been delivered as described in the Bill of Lading.  In
any event the Carrier will be deemed discharged from all liability,
including liability in respect of non-delivery, misdelivery, delay,
loss, damage, or any fault or negligence, unless suit is filed
against the Carrier within one year after the earlier of delivery or
release of the Goods or the date when the Goods should have been
delivered or released.
  
27. LAW; DISPUTES; VENUE; SEVERABILITY; ETC.
  
  (a) This Bill of Lading shall be governed by and construed in
accordance with the internal Laws of the State of Tennessee
(excluding its Laws relating to conflicts of law), except as the same
may be governed by the federal Law of the United States. MERCHANT
IRREVOCABLY CONSENTS TO NON-EXCLUSIVE JURISDICTION AND VENUE FOR
LEGAL PROCEEDINGS RELATED TO ALL CLAIMS AND DISPUTES ARISING FROM OR
IN CONNECTION WITH THIS BILL OF LADING OR THE GOODS, WHETHER UNDER
FEDERAL, STATE, LOCAL, OR FOREIGN STATUTES, REGULATIONS, OR COMMON
LAW, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF
TENNESSEE OR THE CIRCUIT COURT OF THE STATE OF TENNESSEE SITTING IN
EITHER DAVIDSON OR WILLIAMSON COUNTIES. MERCHANT AND CARRIER HEREBY
CONSENT TO THE COMMENCEMENT AND TRANSFER OF ALL SUCH LEGAL
PROCEEDINGS TO SUCH COURTS.  Shipper irrevocably consents to the
commencement and to the transfer of venue in any or all such actions
to any other venue in which Carrier is party to a legal action
brought by itself or a third party that arises from or is connected
with the Goods, their carriage, loading, unloading, handling, or
storage, or loss, damage, or delay related to any of the Goods. The
Shipper hereby waives all defenses based on inconvenience of forum in
all actions commenced in the venues agreed to under this Bill of
Lading. Shipper shall pay all costs incurred by Carrier (including
attorneys' fees and expenses) in connection with any dispute between
Carrier and Shipper (including for transfers of venue, for appeals,
and in bankruptcy and receivership proceedings).
  
  (b) If any provision of this Bill of Lading, or the application of
any such provision to any Person or circumstance is held invalid,
illegal, or unenforceable for any reason whatsoever, the remaining
provisions of this Bill of Lading and the application of such
provision to other Persons or circumstances will not be affected
thereby and to the fullest extent possible the court finding such
provision invalid, illegal or unenforceable must modify and construe
the provision so as to render it valid and enforceable as against all
Persons or entities and to give the maximum possible protection to
the party or parties affected within the bounds of validity, legality
and enforceability.
  
  (c) The Carrier's rights and remedies provided in this Bill of
Lading or otherwise existing or arising by agreement, at law, in
equity or admiralty, or otherwise, are cumulative. All of Carrier's
rights and remedies may be exercised, wholly or in part, from time to
time, as often, and in any order as Carrier chooses, and the exercise
or the beginning of the exercise of any right or remedy shall not be
construed to be an election of rights or remedies, or a waiver of the
right to exercise at the same time or thereafter any other right or
remedy. None of Carrier's rights under this Bill of Lading shall be
construed to impose any obligation on Carrier. No delay or omission
by Carrier in the exercise of any right or remedy accruing upon any
default shall impair any such right or remedy or be construed to be a
waiver of any right to take advantage of any such future event or of
any such past default. In case Carrier proceeds to enforce any right
or remedy, and such enforcement is discontinued or abandoned for any
reason or is determined adversely to Carrier then, and in every such
case, Carrier and Shipper shall be restored to their former positions
and rights and all rights and remedies shall continue as if no such
proceedings had been taken.
  
28. AMENDMENTS AND WAIVERS.  No amendment or waiver of any provision
of any of this Bill of Lading and no consent to any departure
therefrom shall be effective against Carrier except by means of a
writing signed by a duly-authorized representative of Carrier.
Waivers or consents by Carrier shall be effective only in the
specific instances and for the specific purposes for which they are
given. This Bill of Lading shall not be deemed amended, modified,
qualified, or supplemented by any course of dealing or course of
performance.
  
29. CARRIER TARIFF. Copies of Carrier's tariff are obtainable from
Carrier upon request or where applicable from the Federal Maritime
Commission or other government agency with whom its tariff has been
filed. Carrier may from time to time change the terms of this Bill of
Lading. The current and applicable terms of this Bill of Lading can
be found on Carrier's website at
https://ingramlogistics.com/OceanBOL.PDF and may differ from the
pre-printed terms for the Bill of Lading. In the event of a conflict
between the terms of this Bill of Lading and the updated version in
Carrier's tariff in effect on the date that cargo is received by
Carrier for transport under this Bill of Lading, the updated version
shall control.
  
30. DATA PROTECTION. Shipper represents and warrants that it
complies with all applicable privacy and data protection laws with
respect to personally identifiable information about individual
contacts of Shipper and clients of Shipper ("Shipper Data") that
Shipper provides to Carrier to allow Carrier to perform services. 
Shipper acts as a "data controller" or an equivalent term under
applicable Law with respect to Shipper Data. Shipper further
represents and warrants that it has obtained the proper consent from
all data subjects to the disclosure and transfer of Shipper Data to
Carrier. In providing services to Shipper, Carrier may process
Shipper Data and thus act as a "data processor" or an equivalent term
under applicable Law with respect to such data and will process
Shipper Data in accordance with lawful instructions from Shipper. 
Carrier may use Shipper Data as part of its Shipper account opening
and general administration process (e.g., in order to carry out
compliance, financial checks, invoicing, or debt recovery), and
otherwise in performing services.  For purposes herein, the
information may be transferred to or accessible from Carrier's
offices around the world.
  
31. FORCE MAJEURE. Carrier is not liable for loss, damage, expense,
delay, or nonperformance resulting in whole or in part from
circumstances beyond the control of Carrier, including without
limitation: (i) acts of God, including flood, earthquake, storm,
hurricane, power failure, disease, pestilence, low water, or other
natural disaster; (ii) war, hijacking, robbery, theft or terrorist
activities; (iii) incidents or deteriorations to means of
transportation, (iv) embargoes, (v) civil commotions or riots, (vi)
defects, nature or inherent vice of the goods; (vii) acts, breaches
of contract or omissions by a Shipper or anyone else who may have an
interest in the goods, (viii) acts by any Governmental Authority,
including denial or cancellation of any import, export or other
necessary license, quarantine; or (ix) strikes, lockouts, slowdowns
or other labor conflicts.

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