Effective	05NOV2014
Filed	05NOV2014
Filing Codes	C

All cargo transported under the rates, charges, terms and
conditions named in this Tariff shall be held, carried and
delivered SBJ to the provisions of Carrier's applicable
Long Form B\L, the terms and conditions of which are shown
below.
     
a. When issued, all B/Ls MUST show the name and address of
   both the Shipper/Consignor and the Consignee; the total
   weight and total measurement of each piece, package or
   unit of cargo in the shipment, except in the case of FCL
   shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned
   "TO ORDER," the name and address of the party to be
   notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L,
   properly endorsed, be surrendered to the Carrier before
   delivery is accomplished, MUST secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form 
   B/L are as follows:
     
TERMS AND CONDITIONS
   
1. DEFINITIONS: 
   "Vessel" means the intended Ocean Vessel named on the front
hereof and any vessel, craft, lighter or other means of conveyance which
is or shall be substituted in whole or in part by the Carrier and also
includes any other Vessels onto which Goods may be loaded for the
purpose of being transported thereon in furtherance of the carriage
covered by this Bill of Lading or any part thereof.
   
   "Carrier" means Monfreight, Inc., acting as a non-vessel
operating common carrier, as defined under the Shipping Act of 1984, 46
App. U.S.C. Sec. 1702(17)(B).
   
   "Merchant" includes any Person who at any time, in relation to
the Goods, has been or becomes the shipper, consignor, consignee,
exporter, importer, the holder of the Bill of Lading and/or the receiver
or the owner of the Goods, any person entitled to possession 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,
including lenders and factors.
   
   "Container" includes container, flat, pallet and any other
receptacle for Goods (excluding a ship, a rail or road vehicle or an
aircraft but including a trailer towed or intended to be towed by a road
vehicle) supplied or intended to be supplied by or on behalf of the
carrier or the carriage of cargo.
   
   "Charges" includes freight, demurrage, and all expenses and
monetary obligations incurred and payable by the Merchant.
   
   "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 packed and sealed by the Merchant or on its behalf,
although the Merchant may have furnished a description of the contents
of such sealed container(s) on this bill of lading. 
   
   "Place of Receipt", "Intended Port of Loading", "Intended Port of
Discharge" and "In tended Place of Delivery", means respectively the
place of receipt, port of loading (ocean vessel), port of discharge
(ocean vessel) and place of delivery nominated on the front hereof.
   
   The term "Goods" means the whole or any part of the cargo
described on the fact of this Bill of Lading and, if the cargo is packed
into container(s) supplied or furnished by or on behalf of the Merchant,
includes the container(s) as well. 
     
   
2. CLAUSE PARAMOUNT:
   
A. To and From non-United States Ports. As far as this Bill of Lading
covers the Carriage of Goods by sea to and from non-United States ports
by the Carrier and any Participating Carrier, the Contract evidenced in
this Bill of Lading shall have effect subject to the Hague-Visby Rules,
if and as enacted in the country of shipment and any legislation making
those Rules compulsorily applicable to this Bill of Lading shall be
deemed incorporated herein and made part of this Bill of Lading
contract. When no such enactment is in force in the country of shipment,
the Hague-Visby Rules will apply. The Hague-Visby Rules shall also
govern before the Goods are loaded on and after they are discharged from
the vessel and throughout the entire time the Goods are in the actual
custody of the Carrier or Participating Carrier. The Hague-Visby Rules
shall also apply to the Carriage of Goods by inland waterways and
reference to carriage by sea in such Rules or legislation shall be
deemed to include reference to inland waterways.
   
B. To or From United States Ports. If the Carriage called for in this
Bill of Lading is a shipment to or from the United States, the liability
of the Carrier shall be exclusively determined pursuant to COGSA; the
Pomerene Act [49 U.S.C. Sec. 80101 et. seq.] for both export and import
cargo moving to/from the United States; and Article 7-301 of the Uniform
Commercial Code. The provisions cited in the Hague Rules and COGSA shall
also govern before the Goods are loaded on and after they are discharged
from the Vessel and throughout the entire time the Goods are in the
actual custody of the Carrier or Participating Carrier.
   
C. Other Applicable Laws. The Carrier shall be entitled to (and nothing
in this Bill of Lading shall operate to deprive or limit such
entitlement) the full benefit of, and rights to, all limitation of and
exclusions from liability and all rights conferred or authorized by any
applicable law, statute or regulation of any country (including, but not
limited to, where applicable any provisions or sections 4281 to 4287,
inclusive, of the Harter Act of the United States of America and
amendments thereto and where applicable any provisions of the laws of
the United States of America) and without prejudice to the generality of
the foregoing also any law, statute of regulation available to the Owner
of the vessel on which the Goods are carried.
    
   
3. LIMITATION OF LIABILITY: Insofar as loss of or damage to or in
connection with the Goods is caused during the part of the custody or
carriage, such compensation shall be calculated as follows:  
   
A. Where the Hague-Visby Rules apply hereunder by national law by virtue
of clause 2, the Carrier's liability shall in no event exceed the
amounts provided in the applicable national law.
   
B. Where Carriage includes Carriage to, from or through a port in the
United States of America and US COGSA applies by virtue of clauses 2,
Carrier shall not in any event be or become liable in an amount
exceeding US$500 per Package or customary freight unit.  
   
C. Where the British International Freight Association (BIFA) rules
apply by virtue of clauses 2, Carrier's compensation shall not exceed
the limitation of liability of 2 SDR per kilo of the gross weight of any
Goods lost or damaged by reference to the invoice value of the Goods
plus Freight and insurance if paid. If there is no invoice value of the
Goods or if any such invoice is not bona fide, such compensation shall
be calculated by reference to the value of such Goods at the place and
time they are delivered or should have been delivered to the Merchant.
The value of the Goods shall be fixed according to the current market
price, by reference to the normal value of goods of the same kind and/or
quality.
     
IF NO LIMITATION AMOUNT IS APPLICABLE UNDER ANY OF THE ABOVE RULES OR
LEGISLATION, THE LIMITATION SHALL BE US$500 PER PACKAGE OR CUSTOMARY
UNIT.
     
   
4. CARRIER'S RESPONSIBILITY: 
   
A. PORT TO PORT SHIPMENT: Except as otherwise provided herein, the
Carrier's responsibility for Goods shall commence at the time when such
Goods are received by the Carrier at the Port of Loading and shall
terminate when such Goods are delivered by or on behalf of the Carrier
at the intended Port of Discharge. Notwithstanding the above where the
Space(s) entitled "Place of Receipt" and/or "Place of Delivery" on the
face hereof are completed, the contract contained in or evidenced by
this Bill of Lading is for through transportation from and/or to the
place(s) so named and the Carrier's responsibility shall then commence
at the time when the Goods are delivered at the Place of Delivery so
named (if any) and/or terminate when the Goods are delivered at the
Place of Delivery so named (if any). The Merchant constitutes the
Carrier as agent to enter into contracts on behalf of the Merchant with
other for transport, storage, handling or any other services in respect
of the Goods prior to loading and subsequent to discharge of the Goods
from the vessel without responsibility for any act or omission
whatsoever on the part of the Carrier or others and the Carrier may as
such agent, enter into contracts with other on any terms whatsoever
including terms less favorable than the terms in this Bill of Lading.
   
B. COMBINED TRANSPORT: 
   
  (1)  The carrier acts as agent for Merchant with regard to procuring
  inland and ocean transportation. If, for any reason, it is adjudged that
  the Carrier was not acting as the Merchant's agent, then in addition to
  the defenses and limitation of liability permitted to the Carrier by law
  and by this bill of lading, the Carrier shall also have the benefit of
  all defenses available to the participating carrier(s) by law and by the
  terms of its or their contracts of Carriage and tariffs, all of which
  shall be deemed incorporated in this bill of lading, as applicable and
  with respect to inland transportation of the Goods, Carrier will be
  afforded all of the defenses according to the provisions of any
  International Convention or national law which is compulsorily
  applicable in the country, where the inland transportation took place
  or, if no such law or convention is applicable, then according to the
  Participating Carrier's contracts of carriage and/or tariffs, if any. 
   
  (2) Except as otherwise provided in this Bill of Lading, the Carrier
  shall be liable for loss of or damage to the Goods occurring from the
  time that the Goods are taken into his charge until the time of delivery
  to the extent set out below:
   
    (i)  Where the stage of Carriage where the loss or damage occurred
    cannot be proved:
   
       (a) The Carrier shall be entitled to rely upon all
       exclusions of liability under the rules or legislation that would
       have applied under 2(A)(B\) above had the loss or damage occurred
       at sea or, if there was no carriage by sea, under the Hague Rules
       (or COGSA).
   
       (b) Where under (1) above, the Carrier is not liable in respect
       of 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
       have contributed to the loss or damage.
   
       (c) Where the Hague Rules (or any legislation applying such rules
       or Hague-Visby Rules such as COGSA) is not compulsorily applicable
       the Carrier's liability shall not exceed US $2.00 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 the lesser.
   
       (d) The value of the Goods shall be determined according to the
       commodity exchange price at the place and time of delivery to the
       Merchant 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 be reference to the normal value of the Goods of the
       same kind and quality, at such place and time.
   
    (ii)  Where the stage of Carriage where the loss or damage occurred
    can be proved:
   
       (A) The liability of the Carrier shall be determined by the
       provisions contained in any international convention of national
       law of the country which provisions,
   
          1.  cannot be departed from by private contract to the
          detriment of the Merchant 
   
          2.  would have applied if the Merchant had made a separate
          and direct contract with the Carrier in respect of the
          particular stage of Carriage where the loss or damage occurred
          and had received as evidence thereof any particular document
          must be issued in order to make such international convention
          or national law applicable, and,
   
       (B) where neither (i) or (ii) above shall apply any liability or
       the Carrier shall be determined by Clause 3 and 4 B (1) and
       applicable sections and subsections herein. 
   
C. DELAY, CONSEQUENTIAL LOSS: Except as otherwise provided herein, the
Carrier shall in no circumstances be liable for direct, indirect or
consequential loss or damage by delay or any other cause whatsoever and
howsoever caused. Without prejudice to the foregoing, if the Carrier is
found liable for delay, liability shall be limited to the freight
applicable to the relevant stage of the transport.
   
D. AD VALOREM DECLARED VALUE OF PACKAGES OR SHIPPING UNIT: The Carrier's
liability may be increased to higher value by a declaration in writing
of the value of the Goods by the Merchant upon delivery to the Carrier
of the Goods for shipment. Such higher value being inserted on the front
of this Bill of Lading in the space provided for and, if required by the
Carrier, extra freight paid 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 the 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.
   
E. RUST, ETC: 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 and 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.
   
F. NOTICE OF LOSS OR DAMAGE: The Carrier shall be deemed prima facie to
have delivered the Goods as described in this Bill of Lading unless
notice of loss or damage to the Goods indicating the general nature of
such loss or damage shall have been given in writing to the Carrier or
to his representative at the place of delivery before or at the time of
removal of the Goods into the custody of the person entitled to delivery
thereof under this Bill of Lading or, if the loss or damage is not
apparent within three consecutive days thereafter.
   
   
5. REFRIGERATED CARGO: Goods of a perishable nature shall be carried in
ordinary containers without special protection, services or other
measures unless there is noted on the reverse side of this Bill of
Lading that the goods will be carried in a refrigerated, heated,
electrically ventilated or otherwise specially equipped container or are
to receive special attention in any way. Carrier shall not be liable for
any loss of or damage to Goods in a special hold or container arising
from latent defects, derangement, breakdown, or stoppage of the
refrigeration ventilation or heating machinery, insulation, ship's
plant, or other such apparatus of the vessel or Container, provided that
Carrier shall before or at the beginning of the Carriage exercise due
diligence to maintain the special hold or Container in an efficient
state. Merchant undertakes not to tender for transportation any goods
which require temperature control without previously giving written
notice of their nature and the required temperature setting of the
thermostatic controls before receipt of the goods by Carrier. In the
case of a temperature controlled Container stuffed by or on behalf of
the Merchant, Merchant further undertakes that the Container has been
properly pre-cooled, that the Goods have been properly stuffed in the
Container, and that its thermostatic controls have been properly set by
the Merchant before receipt of the Goods by the Carrier. Merchant's
attention is drawn to the fact that refrigerated containers are not
designed to freeze down cargo which has not been presented for packing
at or below its designated carrying temperature. Carrier shall not be
responsible for the consequences of cargo tendered at a higher
temperature than that required for the transportation. If the above
requirements are not complied with, Carrier shall not be liable for any
loss of or damage to the goods whatsoever. . 
   
   
6. CARGO STOWED IN CONTAINERS BY MERCHANTS: The Carrier shall not be
responsible for the safe and proper stowing of cargo in containers if
such containers are loaded with cargo by Merchant, consolidator or
inland carrier, and no responsibility shall attach to the Carrier for
any loss or damage caused to contents by shifting, overloading or
improper packing of the container. Containers loaded by the Merchant or
their agent shall be properly sealed and the seal identification
reference, as well as the container reference, shall be shown herein.
The merchant, consolidator or inland carrier shall inspect containers
before loading them and loading of the containers shall be prima facie
evidence that the containers were sound and suitable for use. Carrier
has the right but not the obligation to open and inspect the containers
at any time without notice to Merchant, and expenses resulting from such
inspections shall be borne by Merchant. Merchant warrants that the
stowage and seals of the containers are safe and proper and suitable for
handling and carriage and indemnifies Carrier for any injury, loss or
damage caused by breach of this warranty. The Carrier will not be liable
in any event for the particulars furnished by the Merchant as shown on
the face of this Bill of Lading. This Bill of Lading is a receipt only
for the number of containers, packages or pieces as shown on the face of
this Bill of Lading. The Carrier has counted only the number of
containers (If container received already loaded) or the number of
packages or pieces (if the Carrier has loaded the container) and under
no circumstances shall the Bill of Lading be prima facie evidence of the
marks, quantity, weight, description, measurement and other particulars
furnished by the Merchant. Delivery shall be deemed as full and complete
performance when the containers are delivered by Carrier with the seals
intact.
   
  The Merchant shall defend, indemnify and hold harmless the
Carrier against any loss, damage, claim, liability, or expense
whatsoever arising from one or more of the following matters: loss or
damage caused by the manner in which the Container has been stuffed;
loss or damage caused by the unsuitability of the Goods for Carriage in
Containers; loss or damage caused by the unsuitability or defective
conditions of the Container, provided that where the Container has been
supplied by or on behalf of the Carrier, this paragraph shall only apply
if the unsuitability or defective condition would have been apparent
upon reasonable inspection by the Merchant at or prior to the time when
the Container was stuffed; and loss or damage if the Container is not
sealed at the commencement of the Carriage except where the Carrier has
agreed to seal the Container.
     
   
7. OPTIONS OF THE CARRIER:
   
A. Subcontracting: The Carrier shall be entitled to subcontract on any
terms the whole or any part of the handling, storage or carriage of the
Goods and any and all duties whatsoever undertaken by the Carrier in
relation to the Goods. The Merchant shall defend, indemnify and hold
harmless the Carrier against any claims, which may be made upon the
Carrier by any servant, agent or subcontractor of the Carrier in
relation to the claim against any such person made by the Merchant. The
provisions of COGSA or its applicable foreign equivalent at point of
origin or destination shall apply by agreement of the parties to all
agents, contractors, and subcontractors, including but not limited to,
draymen, truckers, and stevedores, prior to the loading of and after the
unloading of the cargo. Without prejudice to the foregoing, every such
servant, agent and subcontractor shall be entitled to the same rights,
exceptions, exemptions, defenses, immunities, limitations of liability,
privileges and conditions granted or provided by this Bill of Lading,
tariff or statute, including but not limited to the provisions of COGSA
or its applicable foreign equivalent, to which Carrier is entitled and
for the benefit of the Carrier as if such provisions were expressly for
their benefit, and in entering into this contract the Carrier, to the
extent of these provisions, does so not only on his Own behalf but also
as agent and trustee for such servants, agents and subcontractors. The
above shall also apply to and for the benefit of the officers and
employees of the Carrier and the agents, officers and crew of the vessel
and to and for the benefit of all parties performing services in
connection with the Goods as agents or contractors of the Carrier
(including, without limitation, stevedores, terminal operators, and
agents) and the employees of each of them. By entering into this
contract, the Carrier, to the extent of these provisions, does so not
only on his own behalf, but also as agent or trustee for such Persons
and vessels, and such Persons and vessels shall to this extent be deemed
parties to this contract.
   
B. Route and Tran-shipment: The Carrier may at anytime and without
notice to the Merchant, use any means of transport or storage in any
reasonable manner and by any reasonable means, methods and routes,
including but not limited to, inland carriage by truck, rail and/or air;
load or carry the Goods on any vessel, whether named on the front hereof
or not; transfer the Goods from one conveyance to another, including
transshipping or carrying the same on another vessel than that named on
the front hereof or by any other means of transport whatsoever; at any
place unpack and remove Goods which have been stuffed in or on a
Container and forward the same in any manner whatsoever; proceed at any
speed and by any route in Carrier's discretion (whether or not the
nearest, direct, customary, advertised, or published route) and proceed
to or stay at any place whatsoever once or more often and in any order;
load or unload the Goods from any conveyance at any place (whether or
not the place is a port named on the front hereof as the intended Port
of Loading or intended Port of Discharge); comply with any orders or
recommendations given by any government, authority, or any Person or
body acting or purporting to act as or on behalf of such government or
authority, or having under the terms of the insurance on the conveyance
employed by the Carrier, the right to give orders or directions; permit
the vessel to proceed with or without pilots, save or attempt to save
life or property, adjust navigational instruments, make trial trips, go
to repair yards, shift berths, take in fuel or stores, embark or
disembark any persons to tow or be towed, or to be dry-docked; permit
the vessel to carry livestock, Goods of all kinds, dangerous or
otherwise, contraband, explosives, munitions or warlike stores, and sail
armed or unarmed. These liberties may be invoked by the Carrier (without
notice to the Merchant), either with or without the goods on board, for
any purposes whatsoever, whether or not connected with the Carriage of
the Goods. Any act involving delays resulting from such activities shall
not be deemed a deviation of whatsoever nature or degree. 
   
C.  Conditions affecting Performance: 
   
  (1)  Carrier shall use reasonable endeavors to complete transport
  and to deliver the goods at the place designated for delivery.  If at
  any time the performance of this contract as evidenced by this Bill of
  Lading in the opinion of Carrier is or will be affected by any
  hindrance, risk, delay, injury, difficulty or disadvantage of any kind
  including strike and if by virtue of the above it has rendered or is
  likely to render it in any way unsafe, impracticable, unlawful, or
  against the interest of Carrier to complete the performance of the
  contract, Carrier, whether or not the transport is commenced, may
  without notice to Merchant elect to: 
   
     i.   treat the performance of this contract as terminated,
     abandon the Carriage of the Goods and place the goods, or any part
     of them, at Merchant's disposal at any place which the Carrier
     shall deem safe and convenient, whereupon the responsibility of the
     Carrier in respect of such Goods shall cease; or
   
     ii.  continue the Carriage and deliver the goods at the place
     of delivery. In any event, Carrier shall be entitled to full freight
     for any goods received for transportation and additional
     compensation for extra costs resulting from the circumstances
     referred to above.
   
  (2)  If, after storage, discharge, or any actions taken above, Carrier
  Carrier makes arrangements to store and/or forward the goods, it is
  agreed that he shall do so only as agent for and at the sole risk and
  expense of Merchant without any liability whatsoever in respect of such
  agency. Merchant shall reimburse Carrier forthwith upon demand for all
  extra freight charges and expenses incurred for any actions taken
  according to sub-part 7C(1), including delay or expense to the Ship, and
  Carrier shall have a lien upon the goods to that extent. 
   
  (3)  The situations referred to in sub-part 7C(1) above shall
  include, but shall not be limited to, those caused by the existence or
  apprehension of war declared or undeclared, hostilities, riots, civil
  commotions, or other disturbances, closure of, obstacle in, or danger to
  any port or canal, blockade, prohibition, or restriction on commerce or
  trading 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 Carrier or its
  Subcontractors, congestion of port, wharf, sea terminal, or similar
  place, shortage, absence or obstacles of labor or facilities for
  loading, discharge, delivery, or other handling of the goods, epidemics
  or diseases, bad weather, shallow water, ice, landslip, or other
  obstacles in navigation or carriage. 
   
  (4)  Carrier, in addition to all other liberties provided for in
  this Article, shall have liberty to comply with orders, directions,
  regulations or suggestions as to navigation or the carriage or handling
  of the goods or the ship howsoever given, by any actual or purported
  government or public authority, or by any committee or person having
  under the terms of any insurance on the Ship, the right to give such
  order, direction, regulation, or suggestion. If by reason of and/or in
  compliance with any such order, direction, regulation, or suggestion,
  anything is done or is not done the same shall be deemed to be included
  within the contractual carriage and shall not be a deviation. 
   
D. Variation of the Contract: Only Carrier's officers, directors, or
agents with actual authority shall have power to waive, vary, alter, or
modify any terms herein. Any changes must be agreed upon in writing by
Carrier and Merchant.
   
E. Stowage in Containers:  Where the goods are not received by Carrier
already in containers or the Carrier is instructed to provide a
Container, in the absence of a written request to the contrary, the
Carrier is not under an obligation to provide a Container of any
particular type or quality.  Goods may be stuffed by the Carrier and may
be stuffed with other Goods. Merchant shall be liable to Carrier for
damage to Carrier's containers or equipment if such damage occurs while
such equipment is in control of Merchant or his agents. Merchant
indemnifies Carrier for any damage or injury to persons or property
caused by Carrier's containers or equipment during handling by or when
in possession or control of Merchant.
   
F. On Deck Storage: Containers, whether goods therein be stowed by the
Carrier or by the Merchant, and unit load machinery not containerized
may be carried on or under deck without notice to the Merchants and if
they are so carried, COGSA or the Hague Rules incorporated herein shall
be applicable notwithstanding carriage on or under deck and the Goods
and/or containers shall contribute in General Average whether carried on
or under deck.
   
G. Inspection of Goods: Upon cause, the Carrier or any person authorized
by the Carrier shall be entitled, but under no obligation, to open and
inspect the Goods in any Container or package at any time. 
   
   
8. GOVERNMENT DIRECTIONS, ETC.: The Carrier, Master and Vessel shall
have liberty to comply with any orders or directions as to loading,
departure, arrival, routes, ports of call, stoppages, discharge,
destination, delivery or otherwise, howsoever given by the government of
any nation or department thereof or any person acting or purporting to
act with the authority of such government or of any department thereof,
or by any committee or person having, under the terms of war risk
insurance on the Vessel, the right to give such orders or directions
shall be a fulfillment of the contract voyage.
   In addition to all other liberties herein, the Carrier shall
have the right to withhold delivery of, reship to, deposit or discharge
the goods at any place whatsoever, surrender or dispose of the goods or
permit inspection or other control in accordance with any direction,
condition or agreement imposed upon or extracted from the carrier by any
government or department thereof or any person purporting to act with
the authority or either of them, In any of the above circumstances, the
Goods shall be solely at their risk and expense and all expenses and
charges so incurred shall be payable by the cargo owner or consignee and
shall be a lien on the goods.
   
   
9. MERCHANTS RESPONSIBILITY: Merchants and their agents shall be jointly
and severally liable to carrier for any loss or damage to containers or
Goods while in their possession or the possession of their agents. The
Carrier shall not in any event be liable for any loss, delay, damage or
injury to the Goods, or to other property or to any persons arising out
of the use or handling of Carrier's containers by Merchant or their
agent. Merchant shall defend, indemnify and hold the Carrier harmless
from and against any and all claims, loss, damage or fines on a
container or the Goods before delivery to the Carrier at the port of
loading or between containers to the Carrier. If the goods are delivered
in a container, the Merchant undertakes to return the container promptly
to the Carrier in the same condition as when received from the Carrier.
The Merchant warrants to the Carrier that the particulars relating to
the Goods as set out overleaf have been checked by the Merchant on
receipt of this Bill of Lading and that such particulars, and any other
particulars furnished by or on behalf of the Merchant, are adequate and
correct. The Merchant also warrants that the Goods are lawful goods and
contain no contraband. If the Container is not supplied by or on behalf
of the Carrier, the Merchant further warrants that the Container meets
all ISO and/or other international safety standards and is fit in all
respects for Carriage by the Carrier. The Merchant shall defend,
indemnify and hold harmless the Carrier for any injury, loss or damage,
including fines arising from Merchant's failure to declare correctly
herein any of the particulars furnished by him, including marks,
quantity and description of the goods, weight and cubic measurement of
goods and the exact total gross weight of container (container fare
weight and cargo weight) and also for any kind of rerouting of the Goods
at the Merchant's request or for any other act, fault or neglect of the
Merchant, his agent or his servants for which the Carrier may become
liable. If the container is discharged from the vessel with seals
intact, the Carrier shall not be liable for any loss or damage to
contents of container unless it be proven that such loss or damage was
caused by the Carrier's negligence.
   
   Merchant shall defend, indemnify and hold harmless the Carrier
against any loss or damage to the vessel or cargo or to any persons or
property caused by inflammable, explosive or dangerous goods, shipped
with out full disclosure of their nature, whether such Merchant be
principal or agent and such Goods so shipped may be thrown overboard or
destroyed at any time without compensation
   
   
10. WARRANTY: Merchant warrants that in agreeing to the terms hereof it
or its agent 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.
   
   
11. FREIGHT AND CHARGES:
   
A. Pre-paid freight, whether actually paid or not, shall be earned upon
receipt. Payment shall be in full and in cash without any offset,
counterclaim, deduction or stay of execution, in the currency named in
this Bill of Lading, or another currency at Carrier's option.  Interest
at 12% shall run from the date when freight and charges are due. If the
services of a freight forwarder are used for this transportation, those
services shall be deemed to be performed as agent of Merchant and
payment of freight to the freight forwarder is not payment to Carrier.
Full freight shall be paid on damaged or unsound goods. In any referral
for collection or action against Merchant for monies due to Carrier,
upon recovery by Carrier, Merchant shall pay the expenses of collection
and litigation, including reasonable attorneys' fees.
   
B. The Merchant shall be liable for expenses of fumigation and of
gathering and sorting loose cargo and of weighing on board and expenses
incurred in repairing damage to and replacing of packaging due to
excepted causes and for all expenses caused by extra handling of the
cargo for any of the aforementioned reasons.
   
C. Any dues, duties, taxes and charges, which under any denomination may
be levied on any basis such as amount of freight, weight of cargo or
tonnage of the Vessel shall be paid by the Merchant.
   
D. The Carrier shall be entitled to all freight and other Charges due
hereunder, whether actually paid or not, and to receive and retain them
irrevocably under any circumstances whatsoever, whether the vessel
and/or goods be lost or not, or the voyage be broken up, or frustrated,
or abandoned at any stage of the entire transit period or whether
Merchant has already made payment to the freight forwarder.
   
E. The Merchant shall be jointly and severally liable for all, and
indemnify the Carrier against all dues, duties, fines, taxes and
Charges, including consular fees levied on the goods or all fines and/or
losses sustained or incurred by the Carrier in connection with the goods
however caused, including the procedure consular, board of health, or
other certification to accompany the goods. Merchant shall be liable for
return freight and charges on the goods if they are refused export or
import by any government.
   
F. The Carrier is entitled, and Merchant is liable, in case of incorrect
declaration of contents, weight, measurements or value of the Goods, to
claim double the correct amount of freight which would have been due if
such declaration had been correctly given. For the purposes of
ascertaining the actual facts, the Carrier reserves the right to obtain
from the Merchant the original invoice and to have the contents
inspected and the weight, measurement or value verified. Merchant will
also be liable for the expenses incurred in determining and ascertaining
the correct details. 
   
G. Merchants shall be jointly and severally liable to Carrier for
demurrage, detention, general order, advances and any and all costs
associated with the abandonment of the freight or a refusal of the
consignee to make delivery whether or not the front of this bill of
lading has been marked "prepaid " or "collect " so long as freight and
charges remain unpaid. 
   
H. Merchants shall jointly and severally indemnify Carrier for all
claims, fines, penalties, damages, costs and other amounts which may be
incurred or imposed upon Carrier by reason of any breach of Merchant of
any of the provisions of this Bill of Lading or of any statutory or
regulatory requirements. 
   
I.  Merchant authorizes the Carrier to pay and/or incur all such Charges
and expenses and to do any matters mentioned above at the expense of and
as agent for the Merchant, to engage other Persons to regain possession
of the Goods, and to do all things deemed advisable to the Carrier for
payment of all Freight and Charges and for the performance of the
obligation of each of them hereunder.
   
   
12. GENERAL AVERAGE: General Average shall be adjusted at New York, or
any other port at Carrier's option, according to the York-Antwerp Rules
of 1974. The General Average statement shall be prepared by adjusters
appointed by Carrier.  The Amended Jason Clause as approved by BIMCO is
incorporated herein, and the Merchant shall provide such security as may
be required by the Carrier in this regard. Notwithstanding the above,
the Merchant shall defend, indemnify and hold harmless the Carrier in
respect of any claim, whether due to negligence or not, (and any expense
rising therefrom) of a General Average nature which may be made against
the Carrier, and shall provide such security as may be required by the
carrier in this connection.  If a salving vessel is owned or operated by
Carrier, salvage shall be paid for as fully as if the salving vessel or
vessels belonged to strangers. The Carrier shall be under no obligation
to take any steps whatsoever to collect security for General Average
contributions due to the Merchant.
   
   
13. LIEN: The Carrier shall have a general lien on all property (and
documents relating thereto) of Merchant, in its possession, custody or
control or en route, for all claims for Charges, expenses or advances
incurred by Carrier in connection with any shipments of Merchant.  If
such claim remains unsatisfied for 30 days after demand for its payment
is made, Carrier shall be entitled to sell the goods privately or by
auction, without prior notice to the Merchant, as may be necessary to
satisfy such lien and the costs of recovery, and apply the net proceeds
of such sale to the payment of the amount due Carrier. Any surplus from
such sale shall be transmitted to Merchant, and Merchant shall be liable
for any deficiency in the sale.
   
   
14. WAREHOUSEMAN LIEN 
If Goods go into demurrage, Carrier shall assume all rights of a
warehouseman, and this Bill of Lading shall constitute a warehouseman's
non-negotiable receipt. Goods will be delivered to the consignee or
other Person(s) entitled to receipt of the goods upon payment of all
Charges due. If Goods are not claimed within ten (10) days after
demurrage commences, Carrier may exercise its warehouseman's right to
sell or auction such Goods. Carrier may assert a general lien for
Charges and expenses in relation to other Goods, whether or not these
Goods have been delivered by Carrier.
   
   
15. LAW AND JURISDICTION: Any claim or dispute arising under this Bill
of Lading shall be determined exclusively according to the laws of the
United States and the Merchant agrees that any suits against the Carrier
shall be brought in the United States District Court for the Southern
District of New York, which shall have exclusive jurisdiction. The
Carrier shall be entitled to avail itself of all the terms and
conditions of onward carriers, including such carriers' forum selection
and limits of liability. Carrier reserves the right to bring suit
against the Merchant for the collection of freight or other charges in
any venue having jurisdiction over Merchant.
   
   
16. BOTH- TO-BLAME COLLISION CLAUSE: 
If the vessel carrying the Goods (the carrying vessel) collides with any
other vessel or object (the non-carrying vessel or object) due to the
negligence of the non-carrying vessel or object, or their owner(s),
charterer(s), or Person(s) responsible for the non-carrying vessel or
object, the Merchant undertakes to defend, indemnify, and hold harmless
the Carrier against all claims, liability, costs, attorneys' fees, and
other expense arising therefrom, in respect of any loss, damage, or
claim whatsoever of the non-carrying vessel or object.
   
   
17. NOTICE OF CLAIM AND TIME BAR: Written notice of claims for loss of
or damage to the Goods occurring or presumed to have occurred while in
the custody or control of Carrier must be given to Carrier at the port
of discharge before or at the time of removal of the Goods by one
entitled to delivery. If such notice is not provided, removal shall be
prima facie evidence of delivery by the Carrier. If such loss or damage
is not apparent, Carrier must be given written notice within three (3)
days of delivery. In any event, the Carrier shall be discharged from any
liability unless suit is brought in the United States District Court for
the Southern District of New York within twelve (12) months after
delivery of the Goods, or the date when the Goods should have been
delivered, unless such time bar is contrary to any compulsorily
applicable international convention or law, which shall apply. 
   
   
18. CARRIER'S TARIFF(S) AND TERMS AND CONDITIONS OF SERVICE: 
The goods carried under this Bill of Lading are also subject to all the
terms and conditions of the tariff(s) published pursuant to the
regulations of the United States Federal Maritime Commission or any
other regulatory agency which governs a particular portion of the
carriage and the terms are incorporated herein as part of the terms and
conditions of this Bill of Lading. Copies of the Carrier's tariff(s) may
be obtained from Carrier or its agents or Carrier's web-site. In the
case of inconsistency between this Bill of Lading and the applicable
tariff or the terms and conditions of service, this Bill of Lading shall
prevail, with the exception that any regulations relating to Negotiated
Rate Arrangements ("NRA") contained in Carrier's Rules Tariff, the NRA
regulations shall prevail.
   
   
19. SEVERABILITY: If any provision in this Bill of Lading is held to be
invalid or unenforceable by any court or regulatory or self regulatory
agency or body, such invalidity or unenforceability shall attach only to
such provision.  The validity of the remaining provisions shall not be
affected thereby, and this Bill of Lading contract shall be carried out
as is such invalid or unenforceable provisions were not contained
herein.
   
   
20. SURRENDER AND NEGOTIABILITY OF BILL OF LADING: This Bill of Lading
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 in due course shall be entitled to receive or to transfer the
Goods herein described. If required by the Carrier, the Bill of Lading,
duly endorsed, must be surrendered to the agent of the Carrier at the
port of discharge, in exchange for delivery order. This Bill of Lading
shall be prima facie evidence of the Carrier's receipt of the Goods as
herein described. However, proof to the contrary shall not be admissible
when this Bill of Lading has been negotiated or transferred for valuable
consideration to a third party acting in good faith. 

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