Effective	16DEC2019
Filed	16DEC2019
Filing Codes	I

All cargo transported under the rates, charges, terms and
conditions named in this Tariff shall be held, carried and
delivered SBJ to the provisions of Carrier's applicable
Long Form B\L, the terms and conditions of which are shown
below.
     
a. When issued, all B/Ls MUST show the name and address of
   both the Shipper/Consignor and the Consignee; the total
   weight and total measurement of each piece, package or
   unit of cargo in the shipment, except in the case of FCL
   shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned
   "TO ORDER," the name and address of the party to be
   notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L,
   properly endorsed, be surrendered to the Carrier before
   delivery is accomplished, MUST secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form 
   B/L are as follows:
     
The below terms and condition are in line with Milsped Air & Sea
(USA) LLC Ocean Container Line Bill of Lading Terms and Conditions.
  
In accepting this B/L, the Merchant agrees to be bound by all the
stipulations, exceptions, terms and conditions on the face and back
hereof and agrees that all agreements or freight engagements for the
shipment of the Goods are superseded by this Bill of Lading.
  
1. General Provisions/Definitions 
1.1 "Carrier" means the Company stated on the front of this Bill of
Lading (hereafter called "B/L") as being the carrier and by which or
for which this B/L is signed.
  
1.2 "Agent" means the Company stated on the front of this B/L as
being the agent of the Carrier and having signed this B/L for and on
behalf of the Carrier.
  
1.3 "Merchant" includes and means the Shipper, the Consignee, the
receiver, the holder of this B/L, the owner of the goods, any person
having a present or future interest in the goods or any person acting
on behalf of any of the above mentioned persons.
  
1.4 "Goods" includes the cargo supplied by the Merchant and includes
any transport equipment (containers, trailers, wagons, reefer or
other special equipment, transportable tank, pallets, etc.) not
supplied by or on behalf of the Carrier, irrespective of whether such
property is to be or is carried on or under deck.
  
1.5 "Shipper" means the person who concludes the transport contract
with the Carrier.
  
1.6 "Consignee" means the person entitled to receive the goods from
the Carrier.
  
1.7 "Carriage" means the whole of the transport operations and
services undertaken or performed by or on behalf of the Carrier in
respect of the Goods.
  
1.8 "Port-to-Port shipment" arises only where the place of receipt
and the place of delivery are not indicated on the front of this B/L
or if both are ports and the B/L does not in the nomination of the
place of receipt or the place of delivery on the front hereof specify
any place or spot within the area or the port so nominated.  
1.9"Multimodal Transport" arises where the Carriage called for by
this B/L is not a Port-to-Port shipment.
  
1.10 "Vessel" or "ship" means the vessel named on the face hereof
together with any ship, craft, lighter, barge, feeder ship, ferry or
other means of transportation substituted in whole or in part, for
the vessel named on the face hereof.
  
1.11 "Package" is the largest individual unit of partially or
completely covered or contained cargo made up by or for the Merchant
which is delivered and entrusted to Carrier, including palletized
units and each container stuffed and sealed by the Merchant or on its
behalf, although the Merchant may have furnished a description of the
contents of such sealed container on this B/L.
  
1.12 "SDR" means Special Drawing Rights as defined by the
International Monetary Fund.
  
1.13 The provisions set out and referred to in this B/L shall also
apply when the transport as described on the face of the B/L is
performed by one mode of transport only. Pick-up, delivery and
transshipment operations carried out in the performance of the one
mode transport and which are incidental to such transport do not
constitute a different mode of transport for the purposes of this
B/L.
  
2. Scope / Issuance 
2.1 By issuance of this B/L the Carrier - undertakes to perform
and/or to procure the performance of the entire transport, from the
place at which the goods are taken in charge to the place of delivery
designated in this B/L. - assumes liability as set out in these
conditions. The Carrier may at any time and without notice to the
Merchant - Carry the Goods by any means of transport and by any route
or in any direction whatsoever, whether within or out of the most
direct or advertised or customary route and proceed beyond the port
and/or place of discharge or in a direction contrary thereto or
return to the original place and/or port of departure. - load and
unload the Goods at any place, land or store them either on shore or
afloat, transfer, transship, reship or forward them at any place or
port, dry-dock a vessel with or without cargo on board.
  
2.2 The rights set out under Clause 2.1 may be invoked by the Carrier
for any purpose whatsoever including repairs, towing or being towed,
sailing with or without pilots, adjusting equipment or instruments,
dry-docking, and assisting vessels in all situations. Anything done
in accordance with Clause 2.1 or any delay arising there from is
within the contractual carriage and not a deviation.
  
3. Warranty  
The Merchant warrants that by agreeing to the terms hereof, he is or
has the authority of or is the agent of the person owning or being
entitled to possession of the Goods or any other person who has a
present or future interest in the Goods.
  
4. Negotiability and Title to the Goods  
4.1 This B/L shall be non-negotiable unless made out to order" in
which event it shall be negotiable and shall constitute title to the
Goods and the holder shall be entitled to receive or to transfer the
Goods herein described.
  
4.2 This B/L shall be prima facie evidence of the taking in charge by
the Carrier of the Goods as described in this B/L. However, proof to
the contrary shall not be admissible when this B/L has been
negotiated or transferred for valuable consideration to a third party
acting in good faith.
  
5. Sub-Contracting 
 The Carrier shall be entitled to subcontract directly or indirectly
on any terms the whole or any part of the handling, storage,
warehousing or carriage of the Goods and all duties undertaken by the
Carrier in relation to the Goods.
 
6. Exemptions and Immunities  
6.1 The Merchant undertakes that no claim or allegation shall be made
against any person or vessel whatsoever, other than the Carrier,
including but not limited to the Carrier's servants or agents, any
independent contractor and his servants or agents, and all other 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, unless
otherwise agreed by Carrier. If any claim or allegation should
nevertheless be made, the Merchant shall defend, indemnify and hold
harmless the Carrier against all consequences thereof.
  
6.2 Without prejudice to the foregoing, every such person shall have
the benefit of all provisions herein, as if such provisions were
expressly for their benefit. In entering into this contract the
Carrier to the extent of those provisions, does so not only on its
behalf but also as agent and trustee for such persons.
  
6.3 The Merchant shall defend, indemnify and hold harmless the
Carrier against any claim of liability (and any expense arising there
from) arising from the Carriage of the Goods insofar as such claim or
liability exceeds the Carrier's liability under this B/L.
  
7. Methods and Routes of Transportation / Delivery  
7.1 The Carrier is entitled to perform the transport in any
reasonable manner and by any reasonable means, methods and routes.
  
7.2 The Carrier reserves the right to determine whether Goods and
livestock shall be carried on deck, on an open lorry, on an open
trailer or an open railway wagon. Goods, which are stated herein to
be carried on deck or on open lorries, trailers or railway wagons and
livestock may be carried on deck, on an open lorry, on an open
trailer or an open railway wagon, and if so they are carried without
responsibility on the part of the Carrier for loss or damage of
whatsoever nature, whether caused by unseaworthiness or negligence or
any other cause whatsoever. This shall also apply for the carriage of
containers (dry containers, high cube containers, flat rack
containers, reefer containers, open-top containers, tank containers,
etc.)
  
7.3 The Carrier shall have the right to deliver the Goods or part
thereof at any time at any port or place designated by the Carrier
and stores the Goods at any such port or place at the sole risk and
expense of the Merchant. Any mention in this B/L of parties to be
notified of the arrival of the Goods is solely for information of the
Carrier, and failure to give such notification shall not involve the
Carrier in any liability nor relieve the Merchant of any obligation
hereunder.
  
7.4 Carrier's responsibility shall cease when delivery has been made
to Merchant, any person authorized by Merchant to receive the Goods,
or in any manner or to any other person in accordance with the custom
and usage of the port of discharge.
  
7.5 If Goods should remain in Carrier's custody after discharge from
the ship and possession is not taken by Merchant, after notice,
within the time allowed in Carrier's applicable tariff, the Goods may
be considered to have been delivered to Merchant, and, at Carrier's
option, may be stored in the open or under cover at Merchant's
expense.
  
7.6 If the Goods are unclaimed during a reasonable time or whenever
in the Carrier's opinion the Goods will become deteriorated, decayed
or 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 the Goods at the sole risk and expense of the
Merchant.
  
7.7 The Carrier may receive Goods in less than Full Container Load
amounts and may in its absolute discretion, repack, transport and
deliver the Goods as Full Container Loads. In such instance, the
Carrier shall not be liable to Merchant for any damages or costs
attributable to such action or any revenues or contributions
received.
  
8. Responsibility of the Carrier Port-to-Port Shipment  
8.1 When the Carriage called for by this document is a Port-to-Port
Shipment, then during any time when the Carrier has any
responsibility by law or otherwise with respect to the Goods, the
liability of the Carrier for loss of and damage to the Goods shall be
determined in accordance with any national law making the Hague Rules
compulsory applicable to this B/L including the UK Carriage for Goods
by Sea Act (1924), the US Carriage for Goods by Sea Act (1936), the
Water Carriage of Goods Act (1993) of Canada. If no such national law
is compulsorily applicable, then in accordance with The Hague Rules
contained in the International Convention for the Unification of
Certain Rules relating to Bills of Lading dated 25th August 1924, or
the said Hague Rules as amended by the protocol (Hague Visby Rules
dated 1968) shall be compulsorily applicable to this contract.
  
8.2 If the whole of the Carriage undertaken by the Carrier is limited
to Carriage from a Container Yard (CY) or Container Freight Station
(CFS) in or immediately adjacent to the sea terminal at the port of
loading to a CY or CFS in or immediately adjacent to the sea terminal
at the port of discharge, the liability of the Carrier shall be
determined by the Hague Rules, or the Hague Visby Rules respectively
as mentioned under Clause 10.1 here before or whether the loss or
damage is provided to have occurred during the period of Carriage at
sea or prior or subsequent thereto.
  
8.3 The Carrier shall be liable for loss or damage to the Goods from
the time when the Goods are loaded on to the time they are discharged
from the ship.
  
9. Responsibility of the Carrier Multimodal Transport  
9.1 The Carrier shall be liable for loss or damage to the Goods
occurring from the time when the Carrier received the Goods into its
charge until the time of delivery.
  
9.2 The Carrier shall however be relieved of liability for any loss
or damage if such loss or damage arise or be resulted from:  
a) The wrongful act or neglect of the Shipper or Consignee  
b) Compliance with the instructions of the person entitled to give
them  
c) The lack of or defective condition of packing in the case of Goods
which by their nature are liable to wastage or to be damaged when not
(adequately) packed 
d) Handling, loading, stowage or unloading of the Goods by the
Shipper, the Consignee or any other person acting on behalf of the
Shipper or the Consignee
e) Inherent vice of the Goods 
f) Insufficiency or inadequacy of marks or numbers on the Goods,
coverings, or unit loads  
g) Strikes or lockouts or stoppage or restraint of labor from
whatever cause whether partial general. 
h) An act, neglect or default in the navigation of a ship occurring
during Carriage by water 
i) Fire occurring during Carriage by water, unless the fire was
caused by the actual fault or privity of the Carrier or the water
carrier or by lack of exercise of due diligence to make the vessel
seaworthy, properly to man, equip and supply the vessel or to make
her fit and safe for the reception, carriage and preservation of the
Goods. 
j) A nuclear incident, if the operator of a nuclear installation or a
person acting for him is liable for this damage under an applicable
international convention or national law governing liability in
respect of nuclear energy  
k) Any other cause or event which the Carrier could not avoid and the
consequences whereof it could not prevent by the exercise of
reasonable diligence.
  
9.3 Where under Clause 10.4 the Carrier is not under any liability in
respect to some of the factors causing the loss or damage, it shall
only be liable to the extent that those factors for which it is
liable under this Clause have contributed to the loss or damage.
  
9.4 The burden of proof that the loss or damage was due to one or
more of the causes, or events, specified in Clause 10.4 shall rest
upon the Carrier. When the Carrier establishes that in the
circumstances of the case, the loss or damage could be attributed to
one or more of the causes, or events, specified in Clause 10.4; it
shall be presumed that it was so caused. The claimant shall, however,
be entitled to prove that the loss or damage was not, in fact, caused
either wholly or partly by one or more of these causes or events.
 
9.5 Notwithstanding anything provided for in other clauses of these
Conditions, if it can be proven where the loss or damage occurred,
the Carrier and the Merchant shall, as to the liability of the
Carrier be entitled to require such liability to be determined by the
provisions contained in any international convention or national law
or customary terms and conditions, which provisions - cannot be
departed from by private contract to the detriment of the claimant,
and - would have applied if the Merchant had made a separate and
direct contract with the Carrier in respect of the particular stage
of transport where the loss or damage occurred and received as
evidence thereof any particular document which must be issued if
above mentioned regulations shall apply. If it cannot be proven where
the loss or damage occurred, then the liability of the Carrier is
limited according to the regulations mentioned under clause 10.1 of
this B/L. 
  
9.6 It is agreed that superficial rust, oxidation or any like
condition due to moisture, is not a condition of damage but is
inherent to the nature of the Goods. Acknowledgement of receipt of
the Goods in apparent good order and condition is not a
representation that such conditions of rust, oxidation or the like
did not exist on receipt.
  
10. Responsibility of the Merchant  
10.1 The description and particulars of the Goods set out on the face
hereof are furnished by the Merchant and the Merchant warrants to the
Carrier that the description and particulars including, but not
limited to, of weight, content, measure, quantity, quality,
condition, marks, numbers value are correct. In case Carrier is
responsible for transmitting to (customs) authorities in accordance
with the respective authorities' requirements information including,
without limitation, precise commodity descriptions, numbers and
quantities of the smallest external packing unit, the Shipper's
complete name and address, the Consignee's complete name and address,
hazardous materials codes, and transport equipment seal numbers he
relies for this and other purposes on information provided by
Merchant. The Merchant warrants to Carrier that all particulars of
the Goods, including but without limitation, the precise
descriptions, marks, numbers, quantities, weight, seal number,
identities of Shipper and Consignee and hazardous materials codes
furnished by Merchant are correct and Merchant shall indemnify
Carrier against all claims, penalties, losses or damages arising from
delay or any inaccuracy. These regulations shall also apply, if
Merchant itself is a non-vessel operating common-carrier (NVOCC) and
acts as co-loader who transmits itself the detailed information to
the respective (customs) authorities.
  
10.2 The Merchant undertakes that the Goods are packed in a manner
adequate to withstand the ordinary risks of Carriage (see clause 10)
having regard to their nature and in compliance with all laws,
regulations and requirements which may be applicable. The Merchant
shall be liable for any loss, damage or injury caused by faulty or
insufficient packing or by faulty loading or packing within transport
equipment and trailers and on fats when such loading or packing has
been performed by the Merchant or on behalf of the Merchant, or by
the defect or unsuitability of the transport equipment, when supplied
or accepted by the Merchant, and shall indemnify the Carrier against
any additional expenses so caused. If transport equipment has not
been filled, packed or stowed by the Carrier, the Carrier shall not
be liable for any loss or damage to its contents and the Merchant
shall cover any loss or expense incurred by the Carrier, if such
loss, damage or expense has been caused by: - Negligent filling,
packing or stowing of the transport equipment - The contents being
unsuitable for carriage in transport equipment or - The unsuitable or
defective condition of the transport equipment unless the transport
equipment has been supplied by the Carrier and the unsuitability or
defective condition would not have been apparent upon reasonable
inspection at or prior to the time when the transport equipment was
filled, packed or stowed. The Merchant shall comply with all
regulations or requirements of customs, port and other authorities
and shall bear and pay all duties, taxes, fines, imposts, expenses or
losses incurred or suffered by reason thereof or by reason of any
illegal, incorrect or insufficient packing, marking, numbering or
addressing of the Goods and indemnify the Carrier in respect thereof.
  
10.3 No Goods which are or may become dangerous, inflammable or
damaging or which are or may become liable to damage any property or
person whatsoever shall be tendered to the Carrier for Carriage
without the Carrier's express consent in writing and without the
transport equipment or other covering in which the Goods are to be
transported and the Goods being distinctly marked on the outside so
as to indicate the nature and character of any such articles and so
as to comply with all applicable laws, regulations and requirements.
If any such articles are delivered to the Carrier without such
written consent and marking or if in the opinion of the Carrier the
articles are or are liable to become of a dangerous, inflammable or
damaging nature, the same may at any time be destroyed, disposed of,
abandoned, or rendered harmless without compensation to the Merchant
and without prejudice to the Carrier's right to charges.
  
10.4 The Merchant shall be liable for the loss, damage,
contamination, soiling, detention or demurrage before, during and
after the Carriage of property (including, but not limited to,
transport equipment) of the Carrier or any person or vessel (other
than the Merchant) caused by the Merchant or any person acting on his
behalf or for which the Merchant is otherwise responsible.
  
10.5 The Merchant shall defend, indemnify and hold harmless the
Carrier against any loss, damage, claim, and liability or expense
whatsoever arising from any breach of the provisions of this clause
or from any cause in connection with the Goods for which the Carrier
is not responsible.
  
10.6 The Merchant undertakes not to tender for transportation any
Goods which require temperature control without previously giving
written notice of their nature and particular temperature range to be
maintained. In the case of a temperature controlled transport
equipment stuffed by or on behalf of the Merchant, the Merchant
further undertakes that the transport equipment has been properly
pre-cooled, that the Goods have been properly stuffed in the
transport equipment and that its thermostatic controls have been
properly set by the Merchant before receipt of the Goods by the
Carrier. If the above requirements are not complied with the Carrier
shall not be liable for any loss or damage to the Goods. The Carrier
shall not be liable for any loss or damage to the Goods arising from
defects, derangement, break-down, stoppage of the temperature
controlling machinery, plant, insulation or any apparatus of the
transport equipment, provided that the Carrier or his servants shall
before or at the beginning of the Carriage exercise due diligence to
maintain the refrigerated transport equipment in an efficient state. 
  
11. Delay, Consequential Loss 
 The Carrier does not undertake that the Goods shall arrive at any
place at any particular time. The Carrier shall in no circumstances
be liable for any direct, indirect or consequential loss or damage
caused by delay, whether caused by unseaworthiness or negligence or
any other cause whatsoever. If nevertheless the Carrier is held
liable due to compulsory national or international law for direct or
indirect or consequential loss or damage caused by delay, such
liability shall in no case exceed the freight for the transport
covered by this document.
  
12. Matters affecting Performance  
12.1 In any situation whatsoever and wheresoever occurring and
whether existing or anticipated before commencement of, during, or
after the Carriage, which in the judgment of the Carrier is likely to
give rise to any hindrance, risk, capture, seizure, detention,
damage, delay, difficulty or disadvantage or loss to the Carrier or
any Part of the Goods, or make it unsafe, imprudent, impracticable or
unlawful for any reason to receive, keep, load, carry or discharge
them or any part of them or commence or continue the Carriage or
disembark passengers at the Port of Discharge or at the usual or
intended place of discharge or delivery, or to give rise to danger,
delay or difficulty of whatsoever nature in proceeding by the usual
or intended route, the Carrier and any Participating carrier,
independent contractor, their agents and servants, without notice to
the Merchant, may decline to receive, keep, load, carry or discharge
the Goods, or may discharge the Goods and may require the Merchant to
take delivery and upon failure to do so, may warehouse them at the
risk and expense of the Merchant and Goods or may forward or
transship them as provided in this Bill of Lading or the Carrier may
retain the Goods on board until the return of the Vessel to the Port
of loading or to the Port of Discharge or any other point or until
such time as the Carrier deems advisable and thereafter discharge
them at any place whatsoever. In such event, as herein provided, such
shall be at the risk and expense of the Merchant and Goods, and such
action shall constitute complete delivery and performance under this
contract, and the Carrier shall be free from any further
responsibility. For any service rendered as herein above provided or
for any delay or expense to the Vessel or Carrier caused as a result
thereof, the Carrier shall, in addition to full Charges, be entitled
to reasonable extra compensation, and shall have a lien on the Goods
for same. Notice of disposition of the Goods shall be sent to the
Merchant named in this Bill of Lading within a reasonable time
thereafter.
  
12.2 All actions taken by the Carrier hereunder shall be deemed to be
within the contractual and contemplated Carriage and not be an
unreasonable deviation.
  
13. Option of inspection  
The Carrier shall be entitled - but under no obligation - to open any
transport equipment or other package or unit at any time and to
inspect the contents. If it appears that the transport equipment or
any part of thereof cannot safely or properly be carried or carried
further either at all or without incurring any additional expense or
taking any measures in relation to the transport equipment or its
contents or any part thereof, the Carrier may abandon the transport
thereof and/or take any measures and/or incur any reasonable
additional expense and/or liabilities to carry or to continue the
Carriage or to store the same under cover or in the open at any place
which storage shall be deemed to constitute due delivery under this
document. The Merchant shall indemnify the Carrier against any
reasonable additional expense and against all liability loss or
damage arising there from. The carrier shall not be liable for any
loss, delay or damage arising from any action or lack of it under
this clause.
  
14. Limitation of liability  
14.1 Assessment of compensation for loss or damage to the Goods shall
be made by reference to the value of such Goods at the place and time
they are delivered to the Consignee or at the place and time when, in
accordance with this B/L, they should have been so delivered. In case
of partial loss and/or damage compensation shall be assessed on a pro
rata basis.
  
14.2 The value of the Goods shall be determined according to the
current commodity exchange price or, if there is no such price,
according to the current market price or, if there are no such
prices, by reference to the normal value of Goods of the same kind
and quantity
  
14.3 Unless otherwise stated by national or international law or
convention mandatorily to be applied and with exception of Clause
10.8, the Carrier shall in no event be or become liable for any loss
or damage to the Goods in an amount exceeding the equivalent of
666,67 SDR per package or unit or 2,00 SDR per kilogram of gross
weight of the Goods lost or damaged, whichever is the higher, unless
the nature or value of the Goods have been declared by the Shipper
and accepted by the Carrier before the Goods have been taken in his
charge, or the ad valorem freight rate paid, and such value is stated
on the B/L, then such declared value shall be the limit.
Notwithstanding the above mentioned provisions, if the combined
transport does not, according to the contract, include carriage of
Goods by sea or waterways, the liability of the Carrier shall be
limited to an amount not exceeding 8,33 SDR per kilogram of gross
weight of the Goods lost or damaged.
  
14.4 Where the respective transport equipment is loaded with more
than one package or unit, the packages or units enumerated in this
B/L as packed in such transport equipment are deemed to be one
package or one unit. Except as aforesaid, each transport equipment
shall be considered as one package or one unit.
  
14.5 The Carrier shall not, in any case, be liable for an amount
greater than the actual loss to the Merchant. In case Carrier is
liable for an amount equivalent to the actual loss and has
compensated the Merchant, Carrier becomes subrogated to all rights
related to the relevant goods.
  
14.6 The Carrier is not entitled to the benefit of the limitation of
liability if it is proved that the loss or damage resulted from a
personal act or omission of the Carrier done with the intent to cause
such loss, damage or delay, or recklessly and with knowledge that
such loss or damage would probably result. The defenses and limits of
liability provided for in this document shall apply in any action
against the Carrier for loss or damage to the Goods, whether such
action is founded in contract or in tort.
  
14.7. US-Clause If this B/L covers the Carriage of Goods to or from
ports of the United States of America this B/L shall be subject to
United States Carriage of Goods by Sea Act (US COGSA), which shall be
incorporated herein, and the provisions of said Act shall govern
before loading and after discharge and throughout the entire time the
Goods are in the custody of the Carrier. If anything herein contained
to be invalid or unenforceable under the provisions of said Act, such
circumstances shall not affect the validity or enforceability of any
other part or term of this B/L. Special mention is made of Section
1304 (5) of US COGSA providing that the Carrier's and/or the vessel's
liability shall not exceed US$ 500,-- per package or customary
freight unit unless the nature and the value of the Goods have been
declared, in which case Clause 14.3 applies. Neither the Carrier nor
the Vessel's nor any participating Carrier(s) nor any third-party
beneficiaries shall in any event be or become liable for any loss or
damage to the Goods in an amount exceeding US$ 500,- - per package
lawful money of the United States or in the case of Goods not shipped
in packages, per customary freight unit, unless the nature and value
of the Goods have been declared in writing by the Merchant before
shipment and the declared value inserted in the respective box on the
face of this B/L and the charge thereof paid in accordance with
applicable tariff.
  
15. Dangerous, hazardous or noxious Goods / Livestock
15.1 If it appears at any time that any Goods or any part thereof
cannot be carried safely, or for Goods of a flammable, explosive,
corrosive, radioactive, noxious, hazardous, unstable or dangerous
nature, shipped without full disclosure in writing to the Carrier as
to their nature and character, may at any time before discharge be
landed at any place, thrown overboard, destroyed or rendered
innocuous without liability on the part of the Carrier or other
Shippers or consignees, and, even if such disclosure be made, the
Carrier may, without incurring any liability, make the same
disposition of such Goods, if, in the opinion of the Carrier, they
shall be or become dangerous or noxious to the Vessel or cargo, or to
persons. The Merchant shall indemnify the Carrier for all losses,
damages (including, but not limited to, profits and expenses related
to the Carrier's inability to use its vessels and equipment),
liabilities, fines civil penalties, and expenses (including
attorney's fees) suffered by the Carrier, caused in whole or in part
by omission of full disclosure required by this clause or by
applicable law or regulations or by its failure to property pack,
liable, or mark such Goods.
  
15.2 Goods to be carried on deck at Merchant's disposition and which
are so carried (and livestock, whether carried on deck or not) are
carried without responsibility on the part of the Carrier for loss or
damage of whatsoever nature arising during carriage by sea or inland
waterway. The Merchant shall defend, indemnify and hold harmless the
Carrier against all and any extra costs incurred for any reason in
connection with carriage of livestock.
  
16. Freight  
16.1 Freight shall be deemed fully earned on receipt of the Goods by
the Carrier and shall be paid in any event and non-returnable.
 
16.2 The Merchant's attention is drawn to the stipulations concerning
currency in which the freight and charges are to be paid, rate of
exchange, devaluation and other contingencies relative to freight and
charges in the relevant tariff conditions. If no such stipulation as
to devaluation exists or is applicable the following clause shall
apply: If the currency in which freight and charges are quoted is
devalued or revalued between the date of the freight agreement and
the date when the freight and charges are paid, then all freight and
charges shall be automatically and immediately changed in proportion
to the extent of the devaluation or revaluation of the said currency.
When the Carrier has consented to payment in other currency than the
above mentioned currency, then all freight and charges shall subject
to the preceding clause - be paid at the highest selling rate of
exchange for banker's sight draft current on the day when such
freight and charges are paid. If the banks are closed on the day when
the freight is paid, the rate to be used will be the one in force on
the last day the banks were open.
  
16.3 For the purpose of verifying the freight basis, the Carrier
reserves the right to have contents of transport equipment inspected
in order to ascertain the weight, measurement, value or nature of the
Goods. If on such inspection it is found that the declaration is not
correct, it is agreed that without prejudice to the rights of the
Carrier (inspection of the Goods) a sum equal either to five times
the difference between the correct freight charged or to double the
correct freight less the freight charged, whichever sum is the
smaller, shall be payable as liquidated damages to the Carrier
notwithstanding any other sum having been stated on this document as
the freight payable.
  
16.4 All dues, taxes and charges levied on the Goods and other
expenses in connection therewith shall be paid by the Merchant.
Delivery and exchange fees at the port of destination are for account
of the receivers.
  
16.5 The Merchant shall reimburse the Carrier in proportion to the
amount of freight for any costs for deviation or delay or any other
increase of costs of whatever nature by war, warlike operations,
epidemics, strikes, government directions or force majeure.
  
17. Lien 
17.1 The Carrier shall have a lien on the Goods and any documents
relating thereto for all sums payable to the Carrier under this
contract and for general average contributions to whomsoever due. The
Carrier shall also have a lien against the Merchant on the Goods and
any document relating thereto for all sums due from him to the
Carrier under any other contract. The Carrier may exercise his lien
at any time and any place in his sole discretion, whether the
contractual carriage is completed or not. In any event any lien shall
extend to cover the cost of recovering any sums due and for that
purpose the Carrier shall have the right to sell the Goods by public
auction or private treaty, without notice to the Merchant. The
Carrier's lien shall survive delivery of the Goods.
   
17.2 Under the same pre-conditions the Agent stated on the front of
this B/L shall have the same rights set out under clause 19.6.
   
18. Notice of Loss or Damage 
 Unless notice of loss or damage to the Goods and the general nature
of it is given in writing to the Carrier or the person acting on its
behalf at the place of delivery before or at the time of the removal
of the Goods into the custody of the person entitled to delivery
thereof, or if the loss or damage is not apparent within three
consecutive days thereafter such removal shall be prima facie
evidence of the delivery by the Carrier of the Goods as described in
this document and the Carrier shall be discharged from all liability
in respect of loss or damage to the Goods.
   
19. Miscellaneous Provisions  
19.1 General average shall be adjusted at any port or place at the
Carrier's option and to be settled according to the York-Antwerp
Rules of 1974 (including amendment 1994), this covering all Goods
whether carried on or under deck. The New Jason Clause as approved by
BIMCO (The Baltic and International Maritime Council) is considered
as incorporated into this B/L.
  
19.2 The Merchant shall indemnify the Carrier in respect of any
claims of a General Average nature which may be made on him and shall
provide such security as may be required by the Carrier in this
connection.
  
19.3 Such security including a cash deposit as the Carrier may deem
sufficient to cover the estimated contribution of the Goods and any
salvage and special charges thereon shall, if required be submitted
to the Carrier prior to delivery of the Goods.
  
19.4 The Both-to-Blame Collision Clause as adopted by BIMCO is
considered as incorporated into this B/L.
  
19.5 Should any clause or part thereof of this document be found to
be invalid, the validity of the remaining clauses or the remaining
part of the defective clause shall be impaired. The invalid clause or
part thereof shall be replaced by an effective clause or part thereof
adopted as serving the purposes of the Carrier and the Merchant.
  
19.6 No servant, employee or agent of the Carrier shall have power to
waive or vary any of the terms hereof unless such variation is in
writing and is specifically authorized or ratified in writing by the
Carrier.
  
20. Limitation of action  
The Carrier shall, unless otherwise expressly agreed, be relieved of
all liability under these conditions unless suit is brought within 9
months after the discharge or delivery of the Goods or the date when
the Goods should have been delivered, whichever kind of transport
applies as described in this B/L.
  
21. Law and Jurisdiction  
Any claim or dispute under this B/L shall be determined by the law
and courts of the United States of America.  

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