RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 24APR2015

Effective 24APR2015
Filed 24APR2015
Filing Codes C

All cargo transported under the rates, charges, terms and
conditions named in this Tariff and in Tariffs subject to
this Tariff shall be held, carried and delivered SUBJECT 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:
     
IN ACCEPTING THIS BILL OF LADING, the Merchant agrees to be bound by
all of its terms, conditions and limitations, as well as the
provisions of Carrier's applicable Tariff, which shall be considered
incorporated herein as if set forth at length and which with these
terms, conditions and limitations, this bill of lading shall be
evidence of the contract between the Merchant and the Carrier, as
defined below.  
   
1.  DEFINITIONS. In this bill of lading, the word: 
Vessel:  Shall include the vessel named herein or any substituted
  vessel, feeder vessel, lighter or other watercraft utilized by the
  Carrier.
   
Carrier:  Shall include LF LOGISTICS, its subsidiaries and related
  companies, the vessel, their owner, charterer, operator and demise
  charterer.  The term Carrier shall also include any Participating
  Carrier, unless noted.  The names of the Owner, Operator, Charterer
  and/or Demise Charterer may be obtained from the Carrier's Agent or
  from Lloyd's Register.
   
Merchant:  Shall include the Shipper, Consignee, holder of this Bill
  of Lading, the receiver of the Goods, the owner of the Goods, or any
  person claiming ownership or title of the Goods carried hereunder, as
  well each of their agents or servants.  It is agreed that each person
  defined as "Merchant" is jointly and severally liable to the Carrier
  for the responsibilities and liabilities of the Merchant in
  connection with this bill of lading, including payment of any freight
  due.  The Merchant warrants that he is the Owner of the Goods, the
  person entitled to possession of the Goods, and the person with
  authority to act on behalf of the Goods.  
   
Goods:  Shall include all or part of the merchandise and articles of
  any kind carried under this Bill of Lading, including commercial
  Goods, packing or packaging materials and Merchant owned or leased
  containers of every description. The Merchant warrants the accuracy
  of the description of the nature of the goods provided to the
  Carrier.
   
Freight:  Shall include all charges, costs, expenses and money
  obligations whatsoever payable by the Goods or Merchant to the
  Carrier in connection with the contracted for carriage and
  transportation, including storage, per diem and demurrage.
   
Package:  Shall include any container, tank-tainer, van, trailer,
  pallet, skid or cradle used by the Merchant to consolidate or unitise
  the Goods for carriage.  In the event that both number of cartons as
  well as number of "pallets" or "skids," are listed on the face
  hereof, it is specifically agreed between the Merchant and Carrier
  that the number of "pallets" or "skids" will constitute the Package,
  for limitation purposes.  Merchant warrants that it will declare the
  number of pallets or skids where used.  
   
Participating Carrier:  Shall mean any land, sea or air carrier
  performing any part of the carriage hereunder, including intermodal
  transport, other than the Carrier.
   
Person: Shall mean and include an individual, corporation,
  partnership, or other legal entity.
   
Government and Authorities:  Shall include the United Nations, the
  European Union and any similar international organization, as well as
  a sovereign state or political subdivision thereof, port authority,
  customs official and any person or entity acting or purporting to act
  for any such Government or Authority.
   
2.     CARRIER'S RESPONSIBILITY 
   
2.1    Port-to-Port Carriage - If carriage under this Bill of Lading
is Port-to-Port:
(a) The period of responsibility of the Carrier for any loss of or
 damage to the Goods shall commence only at the moment that the Goods
 are loaded on board the Vessel and shall end when the Goods have been
 discharged from the Vessel.
(b) This Bill of Lading shall be subject to the Hague Rules unless
 the governing law makes the Hague or the Hague-Visby Rules
 compulsorily applicable in which case the said Hague or Hague- Visby
 Rules will apply to this Bill of Lading only to the extent that they
 are compulsorily applicable.
(c) Notwithstanding the above, in case and to the extent that the
 governing law, or a contractual arrangement, or custom and practice,
 or any court or tribunal decision extends the Carrier's period of
 responsibility whether in contract, tort, bailment or otherwise to
 all or any part of the period before loading, or the period after
 discharge, including for misdelivery, then Carrier shall have the
 benefit of every right, defence, immunity, limitation and liberty
 provided for in the Hague Rules during such additional period of
 responsibility, notwithstanding that the loss, damage or misdelivery
 did not occur during the carriage by sea.
   
2.2    Combined Transport - The Carrier's liability for Combined
  Transport shall be as follows: 
   
2.2.1 Where the loss or damage occurred during the Port-to-Port
  section of the carriage, the liability of the Carrier is in
  accordance with clause 2.1 above.
   
2.2.2 Where the loss or damage occurred during Inland Transport, the
  liability of the Carrier shall be determined:
(a) by the provisions contained in any international convention,
 national law or regulation applicable to the means of transport
 utilized, if such convention, national law or regulation would have
 been compulsorily applicable in the case where a separate contract
 had been made in respect to the particular stage of transport
 concerned, or
(b) where no international convention, national law or regulation
 would have been compulsorily applicable, by the contract of carriage
 issued by the Subcontractor carrier for that stage of transport,
 including any limitations and exceptions contained therein, which
 contract the Merchant and the Carrier adopt and incorporate by
 reference, it being agreed that the Carrier's rights and liabilities
 shall be the same as those of the Subcontractor carrier, but in no
 event whatsoever shall the Carrier's liability exceed USD500 per
 container, or
(c) if any court shall determine that no international convention,
 national law or regulation would have been compulsorily applicable
 and that the Carrier may not determine its liability, if any, by
 reference to the applicable Subcontractor's contract of carriage or
 where said Subcontractor carrier does not have a contract of
 carriage, then it is contractually agreed as between the Merchant and
 the Carrier that the Carrier's liability shall be determined as if
 the loss and/or damage complained of occurred during the Port-to-Port
 section of carriage as provided at 5.1 above, but in no event
 whatsoever shall the Carrier's liability exceed GBP 100 sterling
 legal tender per package.
(d) If the place of loss or damage cannot be established by the
 Merchant, then the loss or damage shall be presumed to have occurred
 during the Port-to-Port section of carriage and the Carrier's
 liability shall be determined as provided at 2.1 above.
   
2.2.3 Any transport that the Carrier arranges for the Merchant which
  is not part of the carriage under this Bill of Lading is done under
  the Merchant's own responsibility, time, risk and expense and the
  Carrier acts as agent only for the Merchant.
   
2.3    Delivery to Customs or Port Authorities - Where any law,
  regulation, or custom applicable at the Port of Discharge or Place of
  Delivery provides that delivery of the Goods to the Merchant shall or
  may be effected by the Customs or port authorities at the Port of
  Discharge or Place of Delivery, notwithstanding anything to the
  contrary herein, delivery of the Goods by the Carrier to such Customs
  or port authorities shall be deemed to be lawful delivery of the
  Goods by the Carrier to the Merchant, and the Carrier shall not be
  liable for any loss or damage to the Goods which occurs for any
  reason whatsoever after delivery of the Goods by the Carrier to the
  Customs or port authorities.
   
3.     U.S. TRADE CLAUSE
   
3.1    Notwithstanding any of the provisions of Clause 2 above, for
  carriage to or from any port of the United States, its territories or
  possessions, or if suit is brought in the United States, this Bill of
  Lading shall have effect subject to the provisions of the United
  States Carriage of Goods by Sea Act (COGSA), and to the provisions of
  the US Bill of Lading Act (Pomerene Act) regardless of whether said
  Acts would apply of their own force. The provisions of the COGSA are
  incorporated herein and save as otherwise provided herein shall apply
  throughout the entire time the Goods are in the Carrier's custody,
  including before loading and after discharge as long as the Goods
  remain in the custody of the Carrier or its Subcontractors, including
  cargo carried on deck. Nothing contained herein is to be deemed a
  surrender by the Carrier of its rights, immunities, exemptions or
  limitations or an increase of any of its responsibilities or
  liabilities under the COGSA. Except for clause 2, every other term,
  condition, limitation, defence and liberty whatsoever contained in
  this Bill of Lading shall apply to carriage in the US Trades.
   
3.2    For limitation purposes under the COGSA, it is agreed that the
  meaning of the word "package" shall be any palletised and/or unitised
  assemblage of cartons which has been palletised and/or unitised for
  the convenience of the Merchant, regardless of whether said pallet or
  unit is disclosed on the front hereof. (See Clause 6).  The Merchant
  may avoid the application of the package limitation by declaring the
  full value of the Goods to the Carrier, on the face hereof, at the
  time of booking, and by tendering an additional freight charge to
  Carrier, in accordance with the Carrier's Tariff.  Merchant's failure
  to tender payment of additional freight will render any declaration
  null and void.  In the event that the actual value of the Goods per
  package or per customary freight unit shall exceed such declared
  value, the value shall nevertheless be deemed the declared value and
  the Carrier's liability in any capacity, if any, shall not exceed the
  declared value. In no event shall the Carrier be liable for any
  amount in excess of the actual value of the Goods.  
   
4. DEFENSES EXTENDED TO SUBCONTRACTORS AND OTHERS.  It is expressly
agreed by the Carrier and the Merchant that the Vessel named herein,
or any substitute or other vessel or watercraft, and the Master,
crewmembers, servants and agents of the Carrier and all or any
subcontractors of the Carrier, including any Participating Carriers,
performing any part of the carriage or service covered by this
contract, as well as (but not limited to) any agents, co-loaders,
forwarders, stevedores, terminals, security services, truckers, rail
carriers or warehouses used by the Carrier or Participating Carrier
to perform any part of this contract, and their servants, agents, or
any sub-contractors appointed by any of the parties so mentioned,
shall each be a beneficiary of this contract and shall be entitled to
all the exemptions, immunities and defenses, limitations of liability
and time to sue limitation and other benefits which the Carrier, has
under this bill of lading, its tariffs, or the applicable law, and
all such persons shall be deemed to be third-party beneficiaries of
this bill of lading contract.  
    
5. RIGHT TO CARRY CARGO ON DECK.  Carrier shall have the right to
stow Goods in containers, tank-tainers, vans or trailers. Carrier
shall further have the right to stow and carry containers, vans,
trailers, trucks or similar heavy rolling equipment, heavy cargo, out
of gauge cargo, yachts and hazardous cargo on deck of any vessel
without notice to the Merchant, and if stowed and carried on deck,
such cargo shall by this contract be subject to the limitations,
defences and exemptions from liability applicable under Clause 2 or 3
and 14 hereof, notwithstanding any exclusion of on deck cargo
therein, and the Carrier shall not be required to specially note any
statement of such on-deck carriage on this bill of lading, custom to
the contrary notwithstanding. With respect to Goods carried on deck
and stated herein to be so carried, all risks of loss or damage
inherent in such carriage shall be borne by the Merchant, reserving
to the Carrier the right to invoke the limitations, defences and
exemptions from liability applicable under Clause 2 or 3 and 14. 
Carrier cannot promise or guarantee to carry cargo under deck. 
    
6. MERCHANT'S RESPONSIBILITY. DESCRIPTION OF THE GOODS.  The Merchant
guarantees the accuracy of the particulars furnished to the Carrier
by the shipper, including the nature of the goods, weight,
measurement, and the type of package actually shipped in a sealed
container. The Merchant warrants that the Goods are properly, safely
and securely packed in their packaging and containers, for both ocean
and land transport.  Merchant further warrants that it has fully
disclosed the number of packages packed by it or its agent inside the
container and agrees that the "package" for limitation purposes, if
any, shall include all palletised and/or unitised assemblage of
cartons which has been palletised and/or unitised for the convenience
of the Merchant, regardless of whether said pallet or unit is
disclosed on the face hereof.  Merchant further warrants that it has
ascertained and fully disclosed on the face hereof in the Particulars
any hazardous or potentially dangerous characteristics of the Goods.
   
       The Merchant warrants that any Merchant loaded and sealed
container tendered to the Carrier is in conformity with all
applicable international and/or national regulations or Conventions
relating to the safe and proper carriage of hazardous cargo and/or
containerized cargo.
   
       The Merchant also warrants that the Goods and/or
Merchant-packed Containers are lawful Goods, contain no contraband,
drugs, other illegal substances or stowaways.
    
7. CONTAINERS STUFFED BY SHIPPER.    The Carrier shall not be
responsible for the safe and proper stowing of Goods in containers if
such containers are loaded with Goods by the Merchant, or its agents,
consolidators or inland carrier.  No responsibility shall attach to
the Carrier for any loss or damage caused to Goods by shifting,
overloading or improper packing of containers. Containers not loaded
by the Carrier shall be properly sealed, and the seal identification
reference, as well as the container reference, shall be shown herein.
The Merchant, or its agent, shall inspect containers before loading.
Loading of any containers by Merchant or its agents shall be prima
facie evidence that the containers are in all respects clean, sound,
watertight, free of harmful odours and suitable for shipment of the
particular Goods described herein.  The Merchant agrees to be liable
for, and shall indemnify and hold harmless the Carrier, and the
Carrier shall have a lien on the Goods for any kind of property
damage or personal injuries caused by the contents of said
container(s) at any time, to property (including the Vessel and other
cargo and containers on board the Vessel) or to persons, and also for
any loss, damage, delay, or expense whatever, including legal fees
and expenses, resulting from any failure of the Merchant, or its
agents, to comply with provisions of this paragraph or of Paragraph
6, above.
    
8. DURATION OF LIABILITY, ABANDONMENT OF CARGO, RECONDITIONING OF
GOODS AND REPAIR OF CONTAINERS.  CARRIER'S GENERAL LIEN. The
Carrier's custody or responsibility for Goods shall not commence
until the Goods are received by the Carrier at port of loading, or
place of receipt if intermodal carriage is contracted for, regardless
of whether a Dock Receipt is issued on behalf of the Carrier.
Delivery of Port-to-Port shipments shall take place when the Goods
are discharged onto a safe or customary wharf, craft or other landing
place. The Merchant shall check vessel's arrival with Carrier's agent
and be ready to take delivery as soon as Goods are landed, including
Saturdays, Sundays and holidays.  Carrier shall not be responsible for
failure to notify Merchant of vessel's or cargo's arrival. Where
Goods are, according to custom of the discharge port, turned over to
port authorities or stevedores or watercraft not employed by Carrier,
delivery to such authorities, stevedores or watercraft shall be
considered final delivery to Merchant.  If the Merchant fails to take
delivery of the Goods as provided herein, containers may be unstuffed
and the Goods stored at the risk and expense of the Goods and after
30 days, at option of the Carrier, may be deemed abandoned and
thereafter sold for the account of whom it may concern.  The Merchant
shall be liable for and shall indemnify the Carrier and Vessel, and
the Carrier shall have a lien on the Goods or their proceeds for all
expenses associated with the care, carriage and delivery of the Goods
under this contract, including but not limited to expenses for
storage, sale, coopering, repairing, fumigating, repacking or
reconditioning the Goods.  Carrier shall also have a lien on the
Goods for all expenses incurred in repairing containers damaged while
in the custody of the Merchant, for demurrage on containers, for
terminal storage charges and for all legal fees and expenses incurred
in connection with the enforcement of any provision of this Bill of
Lading. The Carrier's lien shall survive delivery of the Goods and
may be enforced by private or public sale without notice.
    
9. SCOPE OF VOYAGE. DELAY. CONSEQUENTIAL DAMAGE.  The scope of voyage
herein contracted for may or may not include usual or customary or
advertised ports of call whether named in this contract or not.  The
Carrier is at liberty to call at any port upon inducement. The
Carrier does not undertake to load, carry, or discharge cargo on or
by any particular vessel, date or time.  Advertised sailings and
arrivals are only estimated, without guarantee, and such schedules
may be advanced or delayed without notice. In no event shall the
Carrier be liable for any consequential or special damages, or for
any delay in scheduled departures or arrivals of any vessel or other
conveyances used to transport the Goods by sea, land or air. 
Notwithstanding the foregoing, if the Carrier is held liable for
delay or any consequential damage by a court of competent
jurisdiction then such liability shall be limited by application of
paragraph 15 below.
    
10. LIBERTIES. In any situation whether existing or anticipated
before commencement or during the voyage, including political
turmoil, strikes and work stoppages or bad weather, which, in the
Carrier's or Master's judgment, may give rise to risk of damage,
delay or disadvantage to the vessel, her cargo or persons aboard, or
make it imprudent to begin or continue the voyage, or to enter or
discharge at any port, or give rise to delay or difficulty in
arriving or leaving any port, the Carrier may decline to receive,
keep, or load the Goods or may discharge the Goods at any safe port,
or retain the Goods on board until the return trip or such time as
the Master thinks advisable, or may forward or tranship the Goods by
any means, but always at the risk and expense of the Goods, or may
require the Merchant to take delivery at port of shipment or
elsewhere, and if Merchant fails to do so promptly, the Carrier may
store the Goods at the expense and risk of the Goods, declare the
Goods abandoned, and invoke the provisions of Clause 8, above. For
extra services rendered pursuant to this clause the Carrier shall be
entitled to reasonable extra compensation.  Carrier to be free from
any liability whatsoever for loss of or damage to Goods if such loss
or damage is the result of Carrier following the directions of any
Government or Authority. 
    
11. TRANSHIPMENT. Where the Goods are consigned to a port, or place,
not directly served by the Carrier, and transhipment is indicated on
the face hereof by having Boxes 13 and/or 17 filled-in, the Carrier
may, without notice, tranship the Goods by any other vessel or other
means of transportation not operated by the Carrier.  The Carrier, in
making any arrangements for transhipment by any means of
transportation not operated by it, shall be deemed the Agent of the
Merchant without any other responsibility whatsoever. The on-carriage
shall be subject to the terms of the on-carrier's current regular
form of bill of lading, tariff, rail circular or other contract,
whether issued or not, even though such terms may include a lower
limitation of liability or otherwise be less favourable to the
Merchant than the terms of this bill of lading, which in such event
shall operate only as a receipt or document of title (if negotiable)
after transhipment has taken place.  Pending or after transhipment,
the Goods may be stored ashore or afloat at the risk and expense of
the Goods until collected by the Merchant.  Any and all liability of
the Carrier incurred in connection with transhipment shall, in all
respects, be subject to the terms and conditions contained herein,
including but not limited to Clause 14, Limitation Per Package or
Freight Unit.  In the event that it cannot be determined where loss
or damage to cargo has occurred, it is agreed as between the Carrier
and the Merchant that the damage shall be deemed to have occurred on
board the vessel.
    
12. FREIGHT AND CHARGES. CARRIER'S LIEN.  Freight may be calculated
on the basis of the Shipper's Particulars but the Carrier may,
without notice to Merchant, open the containers or packages and
examine, weigh and measure the Goods to verify freight charges, and
if such particulars are found to be erroneous and additional freight
is payable, the Merchant and Goods shall be liable therefore and also
for any expense thereby incurred including measurement.  Full freight
to the named port of discharge and any other charges (including
charges by on-carriers) shall be completely earned on initial receipt
of the Goods by the Carrier, whether prepaid or collect, and the
Carrier shall be entitled to all freight and charges, and any extra
expenses incurred in respect of the Goods, whether actually paid or
not, and to receive and retain them under all circumstances, vessel
and/or cargo lost or damaged, or the voyage changed, broken up,
frustrated or abandoned.  All unpaid freight and charges shall be paid
in full, without offset, counterclaim or deduction, in the currency
designated by the Carrier.  The Carrier shall have a lien on the
Goods, and the documents relating thereto, which shall survive
delivery of the Goods, for all freight and expenses, including
storage, demurrage, per diem, and damage to property or person, as
well as for any other Charges referred to herein, and the Carrier or
its agent or subsidiary may enforce this lien by public or private
sale, at Carrier's option, without notice to the Merchant and shall
be entitled to recover all expenses and attorney's fees.  It is
expressly understood and agreed that the Carrier's lien shall include
any sums owed by Merchant to Carrier, regardless of whether such sums
were incurred on the voyage covered by this Bill of Lading. 
Carrier's lien shall survive delivery of the Goods and shall apply to
the proceeds of any sale of the Goods.  The Merchant shall remain
liable to Carrier for any Freight or Charges or sums still due and
owing to Carrier after the Carrier has exercised its lien.
   
       All persons who constitute the Merchant shall be jointly and
severally liable to the Carrier for the payment of all Freight and
Charges, and for the performance of the obligations of the Merchant
hereunder.  Any freight broker, forwarder, person, firm or corporation
engaged by any party to perform forwarding services with respect to
the cargo shall be considered to be the exclusive agent of the
Merchant for all purposes, and any payment of Freight to such third
parties shall not be considered payment to the Carrier. Failure of
such third parties to pay any part of the Freight to the Carrier
shall be considered a default by the Merchant in the payment of
Freight.
    
13. RETURN OF CONTAINERS.  The Merchant shall redeliver, to a place
nominated by the Carrier, the Containers and other equipment in like
good order and condition, undamaged, empty, odour free, cleaned and
with all fittings installed by the merchant removed and without any
rubbish, dunnage or other debris inside.  The Merchant shall be
liable to indemnify the Carrier for any and all costs incurred
reinstating or replacing Containers and other equipment not returned
in the condition as specified above, including the reasonable legal
expenses and costs of recovering the costs incurred and interest
thereon.    
   
14. GENERAL AVERAGE AND SALVAGE. General Average shall be adjusted,
stated and settled in New York according to York-Antwerp Rules 1994
except Rule XXII (or any subsequent amendments thereto) and, as to
matters not therein provided for, according to the laws and usages at
New York. Average agreement or bond and such cash deposit (payable at
Carrier's option in United States currency) as the Carrier may
require as additional security for the contribution of the Goods and
salvage and special charges thereon, shall be furnished before
delivery.
   
       In the event of accident, danger, damage or disaster, before
or after commencement of the voyage resulting from any cause
whatsoever, whether due to negligence or not, for which, or for the
consequence of which, the Carrier is not responsible by statute,
contract, or otherwise, the Goods and the Merchant shall, jointly and
severally, contribute with the Carrier in General Average to the
payment of any sacrifices, losses, 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, as determined by a
duly appointed independent General Average adjuster, and his
determination as to liability for General Average contribution and
his computation for the same shall be final and binding on all
parties to the venture. If a salvaging ship is owned or operated by
the Carrier, salvage shall be paid for as fully and in the same
manner as if such salvaging ship or ships belong to strangers.
    
15. LIMITATION PER PACKAGE OR FREIGHT UNIT. Whenever permitted, and
not contrary to law, in case of any loss or damage to or in
connection with Goods or deck cargo exceeding in actual value $500,
lawful money of the United States, per package, or in case of Goods
not shipped in packages, per customary freight unit, the value of the
Goods shall be deemed to be $500 per package or per customary freight
unit and the Carrier's liability in any capacity, including as agent
for arranging on-carriage, if any, shall be determined based on a
value of $500 per package or per customary freight unit.  
   
16. GLOBAL LIMITATION OF LIABILITY AND FIRE STATUTES. The Carrier,
whether owner, charterer by demise, time, space or voyage of the
vessel, shall be entitled to the full benefit of, right to, all
limitations of, or exemption from, liability contained in Sections
4281 to 4286 both inclusive of the Revised Statutes of the United
States, and amendments thereto, and any other provisions of the laws
of the United States or of any other country whose laws shall apply.
Nothing in this bill of Lading shall operate to limit or deprive the
Carrier of any statutory protection or exemption from, or limitation
of liability, which would have been applicable in the absence of any
terms set forth herein, or to increase its responsibilities or
liabilities under any statute.
   
17. NOTICE OF CLAIMS, TIME BAR AND JURISDICTION.
   
17.1   Notice - of loss or damage to Goods shall be given in writing
  to the Carrier or its agent at the Port of Discharge before or at the
  time of delivery. If the loss or damage is not apparent before or at
  the time of delivery, notice must be given within three (3) days of
  delivery by the Merchant or its agent. Claims shall be submitted in
  writing addressed by the Merchant to the Carrier's agent at the Port
  of Discharge.
   
17.2   Time bar - In any event, the Carrier shall be discharged from
  all liability if suit is not commenced within one (1) year after the
  date of delivery of the Goods or the date that the Goods should have
  been delivered for claims related to loss or damage during the
  Port-to-Port carriage.  For claims related to loss or damage during
  Inland Transport, then the shorter of nine (9) months or any time
  limit provided for by any applicable international convention,
  national law, regulation or contract by virtue of clauses 2.2.2 (a)
  or (b) shall apply.
   
17.3   Jurisdiction - It is hereby specifically agreed that any suit
  by the Merchant, and save as additionally provided below any suit by
  the Carrier, shall be filed exclusively in the High Court of Hong
  Kong or London, and English Law shall exclusively apply, unless the
  carriage contracted for hereunder was to or from the United States of
  America, or suit is filed in the United States, in which case suit
  shall be filed exclusively in the United States District Court, for
  the Southern District of New York and U.S. law shall exclusively
  apply.  The Merchant agrees that it shall not institute suit in any
  other court at the same time and agrees to be responsible for the
  reasonable legal expenses and costs of the Carrier in removing a suit
  filed in another or wrong forum. The Merchant waives any objection to
  the personal jurisdiction over the Merchant of the above agreed
  forums.
   
       In the case of any dispute relating to Freight or other sums
  due from the Merchant to the Carrier, the Carrier may, at its sole
  option, bring suit against the Merchant in the forums agreed above,
  or in the countries of the Port of Loading, Port of Discharge, Place
  of Delivery or in any jurisdiction where the Merchant has a place of
  business.
    
18. BOTH TO BLAME COLLISION.   If the vessel comes into collision
with another vessel or vessels or any other object, as a result of
fault or negligence on the part of the other vessel or other object,
or of those charged with the operation or maintenance thereof, and
any act, neglect or default of the Master, pilot, mariners or
servants of the Carrier in the navigation or management of the
vessel, the Merchant will indemnify the Carrier against all loss or
liability, to other or non-carrying vessel or vessels or other
objects or her, its or their owners insofar as such loss or liability
represents loss of, of damage to, or any claim whatsoever of said
Goods or the owner thereof, paid or payable by the other or
non-carrying vessel or vessels or other objects, or subject to
set-off, recoupment or recovery by the other non-carrying vessel or
vessels or other objects or her, its or their 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 vessel or vessels or objects other than or in addition
to, the colliding vessel or objects are at fault in respect of a
collision or contact.  This clause is to remain in effect in other
jurisdictions even if unenforceable in the Courts of the United
States of America.
    
19.    SPECIAL CARRIAGE AND REFRIGERATION, HEATING, INSULATION, OR
VENTILATION.  Special containers or cargo space with refrigeration or
heating or insulation or mechanical ventilation shall not be
furnished unless contracted for on the face of this Bill of Lading
and extra freight paid. If a carriage temperature is noted on the
bill of lading, the Mer chant shall deliver Goods to the Carrier at
plus or minus 2 Degrees C of the noted temperature, and the Carrier
shall exercise reasonable care to maintain such temperature, plus or
minus 2 Degrees C while the Goods are in its possession.  The Carrier
shall not be responsible for control and care of refrigeration units
on containers when such containers are not in the actual possession
of the Carrier. It shall be the responsibility of the Merchant to
inspect any refrigerated, ventilated or mechanical container upon
receipt, before loading Goods into said container.  Merchant's
acceptance and use of any tendered container shall constitute
Merchant's agreement that the tendered container was fit for all
purposes and in good working condition.  It is the Merchant's
obligation to set the temperature controls on the container at the
required carrying temperature, set the vents, and to confirm that the
refrigeration equipment is operating properly. Carrier does not
undertake to deliver empty refrigerated containers to Merchant at any
specific temperature and will not accept any container loaded by the
Merchant for shipment that is not set at the contracted carrying
temperature.  The Carrier does not warrant refrigeration machinery,
but shall exercise reasonable care in its operation and maintenance
while in the actual possession of the Carrier.  Carrier will not
guarantee compliance with any governmental program or protocol unless
noted on the front hereof and unless additional freight is paid. The
Carrier has the right but not the obligation to refuse to accept any
Container loaded by the Merchant where the temperature on receipt by
the Carrier is not within plus or minus 2 C of the contracted
carrying temperature. 
   
       Merchant warrants that the cargo has been pre cooled or warmed
so that its pulp temperature is within plus or minus -2 C of the
contracted carrying temperature.  Merchant also acknowledges that
refrigerated containers are not designed to cool or freeze goods that
are loaded warmer than the contracted carrying temperature, nor to
control or monitor the humidity conditions within the container.  
    
20.    DANGEROUS GOODS.  No Goods which are or may become dangerous,
inflammable or hazardous (including radioactive material), or which
are or may present danger or damage to any property whatsoever, shall
be tendered to the Carrier for carriage without the express written
consent of the Carrier, and without the container or other packaging
in which the Goods are to be carried as well as the Goods themselves
being distinctly marked on the outside so as to indicate the nature
and character of any such Goods and so as to comply with all
applicable laws, regulations and requirements.  The Merchant shall
inform the Carrier, in writing before delivery of the goods, of the
precise and accurate details of the Goods, and all special
precautions or handling requirements for the Goods.  If any such
Goods are delivered to the Carrier without such written consent
and/or markings, or if in the opinion of the Carrier the Goods are or
are in the future liable to become dangerous, inflammable or
hazardous, they may at any time be destroyed or disposed of, or
abandoned or rendered harmless without notice and without
compensation to the Merchant and without prejudice to the Carrier's
right to freight and the Carrier's right to seek damages for any loss
or expense associated with the Goods, including reasonable attorney
fees.  The Merchant undertakes that such Goods are packed in a manner
adequate to withstand the risks of carriage having regard to their
nature and compliance with all laws or regulations which may be
applicable to the carriage. 
   
       Whether or not the Merchant was aware of the nature of the
Goods, the Merchant shall indemnify, hold harmless and defend the
Carrier against all claims, losses, damages and expenses arising in
consequence of the carriage of such Goods, including but not limited
to damage to the Vessel, property of the Carrier and its agents and
servants, as well as cargo and property belonging to third parties. 
Merchant shall indemnify and hold Carrier harmless in the event that
Merchants' cargo is used to forward and/or transport any materials of
a terrorist nature.
   
       Nothing in this Clause shall act to deprive the Carrier of any
right, limitation and/or exception appearing herein or available to
it at law. 
    
21.    SEPARABILITY OF TERMS. FINAL CONTRACT.  The terms of this bill
of lading shall be separable and, if any term or provision hereof or
any part of any term or provision shall be invalid to any extent, it
shall be invalid to that extent, but no further and such circumstance
shall not affect the validity or enforceability of any other term or
provision hereof. This bill of lading is the final contract between
the parties which supersedes any prior agreement or understanding,
whether in writing or verbal.  This bill of lading and its terms and
conditions may not be changed orally and any undertaking to do so by
Carrier or its agents, etc. shall be void.

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