RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 05NOV2021

Effective 05NOV2021
Filed 05NOV2021
Filing Codes IC

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:
     
Nanix Express Int'l Inc., hereinafter referred to as
"Carrier" receives for shipment, in apparent good order
and condition, unless otherwise noted herein, the number
of containers or other packages or pieces shown in the
"Carrier's Receipt" and said by the Shipper to hold the
goods described in the "Particulars Furnished by Shipper".
The Carrier shall have the right at its sole discretion to
use leaderships, ferries, lighters, trucks, trains or
planes, in addition to the Ocean Vessel or its substitute,
to accomplish said carriage.  If the goods are shipped
from or are consigned to a port or place not directly
served by Carrier's own vessel, or in case of a through
shipment or trans-shipment, the Carrier will, acting only
as the Shipper's AGENT, arrange for transportation of the
shipment by other carriers from the place of shipment to
the port of loading on Carrier's vessel and from the port
of discharge from Carrier's vessel to ultimate
destination, and during such segments of transportation
the carriage, handling or storage of the goods shall be
subject to the freight contracts and tariffs of such other
carriers. However, this Carrier guarantees the performance
of the obligation of such previous carriers or on-carriers
under their freight documents.  The liability of this
Carrier as a Carrier shall commence when the shipment is
received into its exclusive custody and shall terminate
when the goods are ready for delivery to consignee or
on-carrier, and the Carrier shall not be liable for damage
or losses not occurring on its own segment of the overall
carriage. The Carrier shall hold for the benefit of the
owner of the goods all bills of lading, freight, documents
or receipts issued by other carriers or bailees. The
receipt, bailment, carriage, delivery and trans-shipment
of the goods are subject to all terms, conditions and
limitations of this bill of lading and of the Carrier's
regularly filed Freight Tariffs and Regulations, which are
deemed incorporated herein as if set forth at length, and
shall govern the relations, whatsoever they may be,
between the Shipper, Consignee or holder and the Carrier,
Master, ocean vessel, leadership, ferry, lighter or any
other means of transport owned or operated by the Carrier
and whether the Carrier be acting as carrier or bailee.
  
1. This bill of lading shall have effect subject to the
   provisions of the Carriage of Goods by Sea Act of the
   United States of America, amended in 1984, which shall
   be deemed to be incorporated herein, and nothing herein
   contained shall be deemed a surrender by the Carrier of
   any of its rights or immunities or limitations or any
   increase of its responsibilities or liabilities under
   said Act.  The provisions stated in said Act (except as
   otherwise specifically provided herein) shall govern
   before the shipment is loaded on and after it is
   discharged from the vessel and throughout the entire
   time the goods are in the exclusive custody of the
   Carrier until made ready for delivery.  If this bill of
   lading is issued or delivered in a locality where there
   is in force a compulsorily applicable Carriage of Goods
   by Sea Act Ordinance or Statute of a nature similar to
   the International Convention for the Unification of
   Certain Rules Relating to Bills of Lading dated at
   Brussels August 25, 1924, it is subject to the
   provisions stated in such Act, Ordinance or Statute and
   rules thereto annexed which may be in effect where this
   bill of lading is issued.
  
 a. The Carrier shall be entitled to the full benefit
    of, and right to, all limitations of, or exemptions
    from liability authorized by any provisions of
    Sections 4281 to 4288 inclusive of the Revised
    Statutes of the United States and amendments thereto
    and of any other provisions of the law of the United
    States or of any other country whose laws shall
    apply. The terms of this bill of lading constitute
    the contract of carriage, which is between the
    Shipper, consignee and owner of the goods, and the
    owner or demise charterer of the vessel designated
    to carry the shipment.  It is understood and agreed
    that other than the said shipowner or demise
    charterer, no person, firm or corporation or other
    legal entity whatsoever (including terminal
    operators, stevedores, watchmen and other
    independent contractors whatsoever) is, or shall be
    deemed to be liable with respect to the goods as
    carrier, bailee or otherwise howsoever, in contract
    or in tort. If, however, it shall be adjudged that
    nay other than said shipowner or demise charterer is
    carrier or bailee of the goods or under any
    responsibility with respect thereto, all limitations
    of and exonerations from liability provided by law
    or by the terms hereof shall be available to such
    other.  In contracting for the foregoing exemptions,
    limitations and exonerations from liability, the
    carrier is acting as agent and trustee for the other
    above mentioned.
  
2. In this bill of lading the word "vessel" shall
   include the vessel to be used for ocean crossing, named
   on the face hereof or any substitute ocean vessel
   actually used, also any leadership, ferry, lighter, or
   any other watercraft used by the Carrier in the
   performance of this contract; the work "Carrier", with
   capital "C", shall include the Carrier named on the
   front side hereof, the vessel, her owner, demise
   charterer.  If bound hereby, the time charterer, and any
   substituted ocean carrier, whether the owner or
   charterer shall be acting as carrier or bailee; the work
   "Shipper" shall include the party for whose account the
   goods are shipped as well as the party named as such in
   this bill of lading; the word "Consignee" shall include
   the charges due hereunder, whether actually paid or not,
   and to receive and retain them irrevocably under all
   circumstances whatsoever, vessel and/or goods lost or
   not lost or the voyage broken up or abandoned.  All
   unpaid charges shall be paid in full and without any
   offset, counterclaim or deduction in the currency of the
   United States or at Carrier's option, its equivalent in
   foreign currency.  The said Carrier shall have a lien on
   the goods, which then shall survive delivery, for all
   freight and charges due under this bill of lading and
   under any contract preliminary hereto, including dead
   freight and demurrage, and for the cost of receiving
   such freight and demurrage, and may enforce this lien by
   public or private sale and without notice. The Shipper,
   Consignee and owner of the goods shall be jointly and
   severally liable to the Carrier for the payment of all
   freight and charges and the performance of the
   obligation of each of them hereunder.
  
3. The scope of the sea voyage herein contracted for
   shall include usual or customary or advertised ports of
   call whether named in this contract or not, also ports
   in or out of the advertised, geographical, usual route
   or order, even though in proceeding thereto the vessel
   may sail beyond the port of discharge named herein or in
   a direction contrary thereto, or return to the original
   port, or depart from the direct or customary route and
   includes all canals, straits, and other waters.  The
   vessel may call at any port for the purpose of the
   current voyage, or of a prior or subsequent voyage.  The
   vessel may omit calling at any port whether scheduled or
   not, and may call a the same port more than once, may
   discharge the goods during the first or subsequent call
   at the port of discharge; may for matters occurring
   before or after loading, and either with or without the
   goods on board, and before or after proceeding towards
   the port of discharge, adjust compasses, drydock with
   or without cargo on board, stop for repairs, shift
   berths, make trial trips or tests, take fuel or stores,
   remain in port, lie on bottom, aground or at anchor,
   sail with or without pilots, tow and towed, and save or
   attempt to save life or property, and all of the
   foregoing are included in the contract voyage.  The
   vessel may carry contraband, explosives, munitions,
   war-like stores, hazardous cargo, and self armed or
   unarmed, and with or without convoy. The Carrier's
   sailing schedules are subject to change without
   notice, both as to sailing date and date of arrival.
   If this is a Through Bill of Lading, no carrier
   is bound to transport the shipment by any particular
   train, truck, aircraft or vessel, or in time for any
   particular market or otherwise then with reasonable
   dispatch; no carrier shall be liable for delay and any
   carrier shall have the right to forward the goods by
   substitute carrier.
  
4. In any situation whatsoever and wheresoever occurring
   and whether existing or anticipated before commencement
   of or during the voyage, which in the judgment of the
   Carrier or the Master is likely to give the rise to risk
   of capture, seizure, detention, damage, delay or
   disadvantage to or loss of the vessel or any part
   of her cargo, to make it unsafe, imprudent or unlawful
   for any reason to receive, keep or load the goods, or
   commence or proceed on or continue the voyage, or to
   enter or discharge the goods or disembark passengers at
   the port of discharge, or the usual or agreed or
   intended place of discharge in such port, or to give
   rise to delay or difficulty in proceeding by the usual
   or intended route, the Carrier or the Master may decline
   to receive, keep or load the goods or may devan
   container(s) contents or any part thereof and may
   require the Shipper, or other persons entitled thereto,
   to take delivery of the goods at the port of shipment
   and upon failure to do so, may warehouse the goods at
   the risk and expense of the goods; or the vessel,
   whether or not proceeding toward or entering or
   attempting to enter a port of discharge, or reaching or
   attempting to reach a usual place of discharge therein
   or attempting to discharge the shipment, may discharge
   the goods and/or devan the contents of any container(s)
   at another port, in depot, lighter, craft, or other
   place, or may forward or trans-ship them as provided in
   the bill of lading (Clause 10); or the Carrier or the
   Master may retain the goods vanned or unvanned, on board
   until the return of the vessel to the port of loading or
   to the port of discharge or until such time as the
   Carrier or the Master thinks advisable and discharge the
   goods at any place whatsoever as herein provide.  The
   Carrier or the Master is not required to give notice of
   such devanning or of discharge of the goods or of the
   forwarding thereof as herein provided.  When the goods
   are discharged from the ship, as herein provided, they
   shall be at their risk and expense; such discharging
   shall constitute complete delivery and performance under
   this contract and the Carrier shall be freed from any
   further responsibility, unless it be shown that any loss
   or damage to the goods arise from Carrier's negligence
   in the discharge and delivery as herein provided, the
   burden of establishing such negligence being on the
   owner of the goods. For any service rendered to the
   goods as hereinabove provided or for any delay or
   expense to the vessel caused as a result thereof, the
   Carrier shall be entitled to a reasonable extra
   compensation, and shall have lien on the goods for such
   charge.  Notice of disposition of the goods shall be
   mailed to Shipper or Consignee.  Goods shut out from the
   vessel named herein for any cause may be forwarded on a
   subsequent vessel of this line or, at Carrier's option,
   on a responsible for their processing (a) in accordance
   with term of the land Carriers' Contracts and Tariffs,
   where loss or damage occurs while goods are in custody
   of this Carrier. All claims and suits must be commenced
   within time limits of applicable contracts and statutes.
   In the event this Carrier pays a claim, it shall be
   subrogated to claimant's rights against participating
   carriers.  When it cannot be established in whose
   custody the goods were when the loss or damage occurred,
   the loss or damage shall be deemed to have occurred
   during the sea voyage while in the custody of this
   Carrier.
  
5. The Carrier shall not be responsible for the sale
   and proper stowing of goods in containers if such
   containers are loaded with goods by the shipper,
   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
   shipper, consolidator or inland carrier shall be
   properly sealed and the seal identification reference,
   as well as the container reference, shall be shown
   herein. The shipper, consolidator or inland carrier
   shall inspect containers before loading them and loading
   of the containers shall be prime facie evidence that the
   containers were sound and suitable for use.  The Carrier
   will not be liable in any event for the particulars
   furnished by shipper as shown on the face of this bill
   of lading.  This bill of lading is a receipt only for
   the number of containers, or other packages or places as
   shown in the Carrier's receipt on the face of this bill
   of lading.  The Carrier makes no representation as to
   the quantity, weight, or description in the Particulars
   Furnished by the Shipper. The Shipper, Consignee and/or
   holder hereof agree to be liable for, and shall
   indemnify the Carrier for any injury, loss or damage,
   including fines, arising from Shipper's failure to
   store the goods properly in containers or 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, also for any kind
   of damage or injury caused by the contents of said
   container(s) to other property or to persons.
  
6. The Carrier shall have the right to store goods in
   containers and to store containers on deck unless this
   bill of lading is claused "stored under deck" on the
   face hereof by the Carrier.  Containers stored on deck
   shall be deemed for all purposes to be stored under
   deck, including General Average and COGSA.  Special
   container(s) or cargo space with refrigeration or
   heating units shall not be furnished unless contracted
   for in writing at time of booking and freight is charged
   on the basis of the rules for cargo requiring such
   special container(s) or space as provided in the tariff.
   shipper shall advise Carrier of desired temperature
   range when delivering goods to the Carrier and Carrier
   shall exercise due diligence to maintain desired range
   within plus or minus 2 degrees F, while the containers
   are in its custody and control. The Carrier does not
   warrant refrigerating or heating machinery of containers
   and shall not be responsible for its operation or
   maintenance except while the containers are in its
   actual custody and control, at which time the Carrier
   shall exercise reasonable care in operation or
   maintenance of such machinery.
  
7. Deck cargo (except goods carried in containers on
   deck) and live animals are received and carried safely
   at Shipper's and Consignee's risk (including accident or
   mortality of animals), and the Carrier shall not in any
   event be liable for any loss or damage thereto arising
   or resulting from any matters mentioned in Section 4,
   Sub-section 2(a) to (p) inclusive of the United States
   Carriage of Goods by Sea Act, or from any other cause
   whatsoever not due to the fault of the Carrier, any
   warranty of seaworthiness on the premises being hereby
   waived, and the burden of proving liability being in all
   respects upon the shipper or Consignee.  Except as
   provided, above, such shipments shall be deemed good,
   and shall be subject to all terms and provisions in this
   bill of lading relating to goods.
  
8. If the ship comes into collision with another ship
   as a result of the negligence of the other ship and any
   act, neglect or default of the Master, mariner, pilot or
   the servants of the Carrier in the navigation or in the
   management of the ship, the owners of the goods carried
   hereunder, will indemnify the Carrier against all loss
   or liability to the other or non-carrying ship or her
   owners in so far as such loss or liability represents
   loss of, or damage to, or any claim whatsoever of the
   owners of the said goods, paid or payable by the other
   or non-carrying vessel or her owner to the owners of
   said goods and set-off, recouped or recovered by the
   other or non-carrying vessel or her owners as part of
   their claim against the carrying vessel or Carrier.
  
9. General average shall be adjusted, stated and settled
   according to York-Antwerp Rules 1974, except Rule XXII
   thereof, at such port or places as may be selected by
   the Carrier, and as to matters not provided for these
   rules, according to the laws and usage at the port of
   New York.  Average agreement or bond and such additional
   security as may be required by the Carrier, must be
   furnished before delivery of the goods.  The Adjustment
   shall be made by an Adjuster selected by the Carrier
   from the Association of Average Adjusters of the U.S.A.
   and his Adjustment shall be prime facie evidence as
   against all interests. In the event of accident, danger,
   damage, or disaster, before or after holder of this bill
   of lading, properly endorsed, and the receiver and/or
   the owner of the goods; the work "charges" shall include
   freights and all expenses and money obligations incurred
   and payable by the owner of the goods, Shipper,
   Consignee or any of them; the words "risk and expense of
   the goods" shall mean also at the risk and expense of
   the Shipper, Consignee, holder or owner; the work
   "goods"shall include the contents of the container(s);
   the words "Government" and "Authorities"
   shall each include the United Nations or any similar
   international organizations and also persons purporting
   to exercise control of a governmental nature; "ON Board"
   shall mean on board any means of transport used by the
   Carrier to accomplish the carriage covered by the bill
   of lading; "Port of Loading" shall mean the place where
   the transport begins and "Port of Discharge" shall mean
   the place where the goods are to be delivered to
   consignee or on-carrier.
  
10. Whenever the Carrier or Master may deem it advisable, or
   in any case where goods are destined for port(s) or
   place(s) at which the ship will not call, the Carrier
   may, without Notice, forward the whole or any part of
   the shipment, before or after loading at the original
   Port of Shipment, or any other place or places even
   though outside the scope of the voyage or the rout to or
   beyond the Port of Discharge or the destination of the
   goods, by water, by land or by air or by any combination
   thereof, whether operated by the Carrier or others and
   whether departing or arriving or scheduled to depart or
   arrive before or after the ship expected to be used for
   the transportation of the shipment.  The Carrier may
   delay forwarding awaiting a vessel or conveyance in its
   own service or with which it has established
   connections. In all cases where the shipment is
   delivered to another carrier, or to a Lighter, Port
   Authority, Warehouseman, or other Bailee, for trans-
   shipment, the liability of this Carrier shall absolutely
   cease when the goods are out of its exclusive possession
   and shall not resume until the goods again come into its
   exclusive possession; and the responsibility of this
   Carrier during any such period shall be that of an agent
   of the shipper and/or Consignee, and this Carrier shall
   be without any other responsibility  whatsoever in the
   regular form of bill of lading, consignment note,
   contract or other shipping document used a the time by
   such carrier.
   
11. The Carrier's responsibility as Carrier for the goods
   shall not commence until the goods are safely secured
   to the vessel's loading gear at the port of loading.
   Immediately upon arrival of the ship at the Port
   of Discharge, the Carrier may, without giving notice
   either of arrival or discharge, deliver the container(s)
   and/or goods onto the wharf, craft, or place that the
   Carrier or Port Authorities may select, and continuously
   Sundays and Holidays included, in daytime or nighttime,
   no matter what the state of the weather or Custom of the
   port may be.  All lighterage and use of craft in loading
   and discharging shall be at the risk and expense of the
   goods. It is agreed that delivery by the Carrier in any
   event shall take place upon discharge from vessel to a
   safe lighter or dock and that the responsibility of the
   Carrier in any capacity shall altogether cease when the
   goods have been discharged and possession is received
   or taken by Customs or other authorities, or by the
   operator or person in charge of any lighter, craft,
   wharf, store, warehouse, elevator or other facilities,
   whether select by the Shipper, Consignee or owner of
   the goods, or by port authorities, or the Carrier,
   unless it be shown that any loss or damage to the goods
   was caused by the Carrier's negligence in selecting the
   lighter or dock.  The burden or establishing such
   negligence being on the Shipper or consignee.
  
12. Carrier shall not be liable for any consequential or
   special damages and shall have the option of replacing
   lost goods or repairing damaged goods.
  
13. The shipper, Consignee or cargo owner shall be liable
   for and shall indemnify the Carrier and vessel, and
   the Carrier shall have a lien on the goods, for all
   expenses of co-opening, repairing fumigating, repacking
   or reconditioning the goods; also all expenses for
   repairing containers damaged while in the possession of
   shipper or consignee and demurrage on containers; also
   Shipper's or Consignee's failure to supply information
   or otherwise comply with laws and regulations in
   connection with the goods.  The Carrier's lien shall
   survive delivery and may be enforced by private or
   public sale, and without notice.
  
14. Since freight is calculated on the basis of particulars
   furnished by the Shipper, the Carrier may at any time
   inspect the contents of container(s) and examine the
   contents of the packages, weigh, measure and value the
   goods.  In case Shipper's particulars are found to be
   erroneous and additional freight is payable, the
   Shipper, Consignee and goods shall be liable for all
   expense incurred for examining, weighing, measuring and
   valuing the goods.  full freight to destination shall be
   considered completely earned on shipment, whether the
   freight be stated or intended to be prepared or to be
   collected at destination and the Carrier shall be
   entitled to all freight and vessel of another line.
  
15. Neither the Carrier nor its terminal operator or
   stevedore shall be liable to answer for or make good any
   loss or damage to goods occurring at any time and even
   though before loading on or after discharge from the
   vessel, by reason or by means of any fire whatsoever,
   unless such fire shall be caused by their design or
   neglect.
  
16. In case of any loss or damage to or in connection with
   goods exceeding in actual value the equivalent of $500
   lawful money of the United States, per package, or in
   case of goods not shipped in packages, per shipping
   unit, the value of the goods shall be deemed to be $500
   per package or per shipping unit.  The Carrier's
   liability if any, shall be determined on the basis of a
   value of $500 per package or per shipping unit or pro
   rate in case of partial loss or damage, unless the
   nature of the goods and a valuation higher than $500 per
   package or shipping unit shall have been declared in
   writing by the Shipper upon delivery to the Carrier and
   inserted in this bill of lading and extra charge paid.
   In such case if the actual value of the goods per
   package or per shipping unit shall exceed such declared
   value, the value shall nevertheless be deemed to be
   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 rate on the basis of
   such declared value.  The words "shipping unit" shall
   mean each physical unit or piece of cargo not shipped in
   a package, including articles or things of any
   description whatsoever, except goods shipped in bulk,
   and irrespective of the weight or measurement unit
   employed in calculating freight charges.
  
17. The Carrier and the vessel shall be discharged from all
   liability in respect of loss, damage, misdelivery
   or in respect of any other breach of this contract,
   whether occurring before loading, on board or after
   discharge, unless suit is brought within one year after
   delivery of the shipment or the date when the shipment
   should have been delivered.  Suit shall not be deemed
   brought unless jurisdiction shall have been obtained
   over the Carrier and/or the vessel by service of process
   or by an agreement to appear.  The Shipper, consignee,
   holder hereof or owner of the goods and their assignees,
   subrogees or representatives shall file any and all
   claims directly with the Carrier or other party
   responsible for any loss, damage, injury, expense, it
   being specifically agreed that this carrier shall not be
   responsible for any loss, damage, injury, expense not
   occurring on its own ocean route, nor while the goods
   are not in its actual custody and control.  Upon written
   request, the Carrier will furnish Shipper, Consignee,
   holders hereof and/or owner of the goods with original
   bill of lading, receipts, consignment notes or other
   documents being held for their benefit which may be
   required to file claim against any other carriers or
   parties.
  
18. Any bookings, freight engagements, dock receipts, boat
   notes, interchanges or other agreements relating to
   the shipment previously made are superseded by this bill
   of lading and by the Carrier's Freight Tariff Rules and
   Regulations, which shall be deemed incorporated herein
   as if set forth at length.  The Carrier's Freight Tariff
   Rules and Regulations are filed with the Maritime
   Commission, Washington, D.C. and are also available at
   any of the Carrier's offices.
  
19. Nothing in this bill of lading shall operate to deprive
   the Carrier of any statutory protection or exemption
   from, or limitation of liability, contained in the laws
   of the United States, or in the laws of any other
   country which may be applicable.  This bill of lading
   shall be construed according to the laws of the United
   States and the shipper, consignee and holder hereof
   agree that any suits against the Carrier shall be
   brought in the Federal Courts of the United States in
   the City of New York.  The terms of this bill of lading
   shall be separable, and if any part or term hereof shall
   be held invalid, such holding shall not effect the
   validity or enforceability of any other part or term
   hereof.
  
20. If this is a through bill of lading covering a U.S.A.
   landbridge movement, all claims shall be filed with
   this Carrier, which will be 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 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. 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 a ship is owned or operated by
   the Carrier, salvage shall be paid for as fully and in
   the same manner as if such a salvaging ship belonged to
   strangers. Contribution to general average by all
   interests shall be paid to the owners even when such
   average is the result of fault, neglect or error of the
   Master, pilot or crew.  The Shippers and Consignees
   expressly renounce any and all codes, statutes, laws or
   regulations which might otherwise apply.

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