RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 13NOV2025

Effective 13NOV2025
Filed 13NOV2025
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:
     
1) DEFINITIONS Bill: This Bill of Lading and terms, issued or intended to
 beissued by the Carrier on behalf of Merchant. Carrier: The company stated
 as Carrier on the reverse of this Bill as signed by Carrier or their
 agents.  This is not indicative of Carrier   s legal capacity. CFU:
 Customary Freight Unit as applied under COGSA for Goods not in packages
 and includes a shipping unit. Charges: Any charges relating to or directly
 or indirectly connected to the Goods or Services, excluding Freight. These
 include but are not limited to charges that are: as provided by Carrier   s
 tariff, dead freight, ad valorem, less than full container load service,
 currency adjustment factor, bunker adjustment factor, surcharges, any
 insurance charges; amending the Bill, handling, storage, demurrage,
 detention, any inspection; special freight for Services for special
 containers; return Freight; charges arising from sale or disposition of
 Goods and any other Charges or expenses whatsoever, directly or indirectly
 arising in relation to the Goods or Services. COGSA: The Carriage of Goods
 by Sea Act of the United States of America approved on 16th April 1936 and
 any amendments thereto. Container: Any container, trailer, semi-trailer,
 swap body, transportable tank, lift van, flat, pallet, or any similar
 article of transport used to consolidate or transport Goods and any
 connected/installed equipment thereof. Defences: Without limitation all
 rights, immunities, exclusions, exemptions, monetary limitations,
 defences, and limitations of or exoneration from/to liability, provided by
 law and/or any terms of this Bill or contract which might abate, bar,
 defeat, exonerate or reduce any liability of Carrier. This also includes
 without limitation the Bill   s Law & Jurisdiction clause. Force Majeure:
 Any circumstances beyond the reasonable control of Carrier or Service
 Provider or their respective servants or agents that prevents or threatens
 to prevent them from complying with or delaying or hindering all or part
 of their obligations including without limitation, any inherent
 difficulties of infrastructure, or of geographical, social or political
 difficulties of the countries traversed; strike, lock-out or any form of
 industrial action or withdrawal of labour of any kind; civil disturbance,
 riot, war (whether declared or recognised by any political authority or
 government or not), rebellion, armed conflict, any act of terrorism, or
 any act of violence or threat; any circumstances or event involving
 nuclear radiation or substances; Act of God, fire, explosion, ice, snow,
 storms, flood, earthquake, volcanic eruption, tidal wave, epidemic or
 state of quarantine or any severe weather or any natural physical
 disaster; sanctions, embargoes; blockades; congestion; any encumbrances;
 any arrest or restraint; any collision, stranding or sinking; any shortage
 of components or raw materials, lack of power supplies or
 telecommunications or lack of available facilities; any economic
 unviability to the Carrier or Service Provider; Service Providers    or any
 Persons    liquidation or bankruptcy or any cessation of trade; failures of
 any transportation network or infrastructure; any prohibiting or impeding
 acts of state or governmental action. Freight: The ocean and land-side
 carriage costs booked, excluding Charges. Goods: In whole or in part, any
 moveable property of whatsoever type or nature supplied by or on behalf of
 Merchant. Includes without limitation any Container not supplied by
 Carrier.  Hague Rules: Provisions of the International Convention for
 Unification of certain Rules relating to Bills of Lading signed at
 Brussels on 25th August 1924.  Hague-Visby Rules: Hague Rules as amended
 by the Protocol signed at Brussels on 23rd February 1968 and any
 subsequent amendments thereto. Livestock: Any Goods that are living
 creatures or organisms. Merchant: The shipper, the  consignee, the
 receiver of the Goods, the holder of this Bill, any Person owning or
 entitled to the possession of the Goods or this Bill, any Person having a
 present or future interest in the Goods or Bill or any Person acting on
 behalf of any of the foregoing Persons. Package: For limitation purposes:
  (i) The Container when the Goods are shipped in a Container.
 (ii) Where the Container is adjudged not to be a Package for limitation,
   then the skid, pallet, flat or other device used to consolidate the
   Goods to facilitate handling and transportation, whether such units of
   consolidation are disclosed in any portion or column on the reverse side
   hereof or not.
(iii) Where there are no units of consolidation, then any box, carton, drum
   or any other packaging preparation used to facilitate the handling and
   transportation of the Goods.
 (iv) These package definitions do not apply to Goods shipped in bulk, and
   they supersede any inconsistent provision which may be printed, stamped
   or written elsewhere in this Bill. Person(s): In whatever capacity
   individually or collectively any of the following: person, individual,
   limited liability company, business or partnership, joint venture,
   association, trust, government authority, body corporate or any entity
   or organisation and any of the forgoing   s servants and agents. Port
   Area: The period whilst within the confines of a port following delivery
   by the inland carrier to the port but prior to loading on the Vessel and
   also subsequent to discharge from the Vessel but prior to delivery from
   the port to the inland carrier, including but not limited to carriage to
   or from any container yard or container freight station within the port
   area and whilst stored or handled at such area, yard or freight station.
   Port to Port Shipment: When only the port of loading and the port of
   discharge are shown on the reverse hereof and the place of acceptance
   and the final destination are unstipulated. Service Provider(s):
   Excluding Carrier but otherwise includes but is not limited to any:
   Person, but excluding any government authority; or carrying or
   non-carrying Vessel, charterers, slot charterers, operators, managers,
   owners; stevedores or terminals; or groupage operators, road or rail
   transport operators; warehousemen; or any independent contractors or
   bailees; all parties    servants or agents including but not limited to
   Carrier   s servants or agents, of whatever type appointed by or on behalf
   of Carrier to perform the Services and whether in direct contractual
   privity with Carrier or not. Services: All and every services or
   operations of whatsoever type or for any mode, and executed in any legal
   capacity including but not limited to ocean and inland carriage,
   transport, handling, warehousing and agency services undertaken or
   performed by or on behalf of Carrier or Service Provider in respect of
   or related to the Goods or any transaction or the acceptance of
   Merchant   s instructions in the course of business whether gratuitous or
   not, singly or combined. Special Drawing Rights (SDRs): As defined by
   the International Monetary Fund.  Stuffed: Filled, consolidated, packed,
   loaded, stowed or secured. Through Transport: Arises where the Services
   extend beyond a Port to Port Shipment.  Vessel: Any waterborne craft
   used for Services under this Bill including but not limited to ocean
   vessels, feeder vessels, barges and other inland water vessels, and
   substituted vessels, whether named in Bill or not.
 
2) CARRIER   S TARIFF The provisions of Carrier   s tariff are incorporated
 herein. A copy of the tariff is available at Carrier   s website as stated
 on the reverse hereof or otherwise upon request and is obtainable from any
 regulatory body with whom the tariff has been filed. In the case of
 inconsistency or conflict or contradiction between this Bill and the
 tariff, the terms of this Bill prevail.
 
3) WARRANTY OF AUTHORITY Merchant warrants and agrees that they are or have
 the necessary authority to enter into any contract of Services and that
 they are jointly and severally bound by these terms.
 
4) NON-NEGOTIABILITY OF BILL OF LADING This Bill is non-negotiable, unless
 made out    to order    or to    Bearer    in which case it is negotiable
 and constitutes title to the Goods. The lawful holder of a negotiable Bill
 is entitled to receive or to transfer the Goods herein described. Unless
 the Merchant requests to the contrary and such request is agreed in
 writing by Carrier, if on the reverse the Bill is consigned directly to a
 named or nominated party or the Bill is described as    Express    then this
 Bill is non-negotiable and delivery may be made to the named or nominated
 party on reasonable proof of identity and without presentation of the
 Bill.  Merchant agrees that such delivery shall constitute due delivery
 hereunder.
 
5) CERTAIN RIGHTS AND IMMUNITIES FOR CARRIER AND OTHER PARTIES
5.1 Carrier is entitled to sub-contract on any terms whatsoever the
 whole/part of Services to any Service Provider.
5.2 It is warranted and agreed by Merchant that:
 (i) the Carrier   s servants or agents and all Service Providers appointed
   by or on behalf of Carrier for any Services, in consideration flowing
   from such appointment, are entitled to the benefit of all Defences and
   liberties hereunder:
 (ii) in no circumstances will any Person covered by clause 5 have
   any liability whatsoever or howsoever caused that is greater than that
   of
5.3 The Defences and liberties provided in the Bill apply in any action
   against any Person covered by clause 5 whether based in contract, tort,
   indemnity, contribution, or any other cause of action.
 
6) CARRIER   S RESPONSIBILITY
6.1
  (i) Merchant warrants and agrees: that Carrier is a non-vessel owning
    common carrier and does not own, operate, charter or lease Vessels or
    other modes of transport, or engage in Goods handling or storage.
    Carrier as agents of Merchant will at their choice & discretion procure
    contracts with Service Providers or where necessary, and without
    liability for, government authorities on Merchant   s behalf for any
    Services. Merchant is bound by and Carrier is entitled to any Defences
    in any tariffs, bills of lading or contracts by which such Service
    Providers or authorities are engaged to perform all or part of the
    Services.
 (ii) In all cases copies of the Service Providers   /authorities    contracts,
    tariffs or bills of lading are available on request.
(iii) When Hague or Hague-Visby Rules or COGSA regimes compulsorily apply,
    it is confirmed that liability of Carrier for loss of or damage to the
    Goods under
    (a) COGSA, does not exceed US$500 per Package or CFU and
    (b) the Hague-Visby Rules does not exceed 666.67 SDRs per Package or 2
      SDRs per kilogram of gross weight of the Goods, whichever is the
      higher and
    (c) the Hague Rules as compulsorily applicable. Outside of these
      regimes this Billimposes other limits. Notwithstanding, Merchant can
      elect to have higher compensation by declaring the value of the Goods
      in accordance with clause 8.3;
 (iv) Merchant   s attention is drawn to limitations and exclusions herein,
    in clauses (amongst others) 6,7,7.4, 8 & 10.
6.2 Port to Port Shipments 
 6.2.1 US shipments: If Bill includes carriage to/from the USA, Bill is
   subject to COGSA, the terms of which are incorporated herein and are
   paramount throughout the carriage by sea and for the entire time that
   Goods are in the actual custody of the Carrier or the Service Provider,
   including before loading onto or after discharge from the Vessel, in
   the Port Area.
 6.2.2 Non-US shipments: In so far as Bill relates to carriage that is not
   to
  (i) Bill is subject to any law making the provisions of the Hague Rules
    or the Hague-Visby Rules compulsorily applicable to Bill, and
 (ii) in respect of the period whilst Goods are in the Port Area and where
    the Hague Rules or Hague-Visby Rules are not compulsorily applicable,
    then Merchant appoints Carrier as agent to enter into any contracts on
    their behalf with any Person or applicable Service Provider for any
    Services and on any terms whatsoever including terms less favourable
    than the terms in this Bill (copies of such terms being available on
    request).
(iii)
   (a) Carrier has no liability whatsoever for loss, damage, delay,
     non-delivery or mis-delivery of or to the Goods howsoever caused
     before loading onto or after discharge from the Vessel whilst at the
     Port Area, unless Goods are in Carrier   s actual possession.
   (b) In the event that clause or part of clause 6.2.2 is not applicable
     or enforceable, then clause 7.4 applies.
 6.2.3 Subject to any compulsory law, Hague and Hague-Visby Rules or COGSA
   (as applicable) shall also extend to any lighterage services and any
   waterborne carriage and to any coastal traffic or inland waterways.
   Reference to carriage by sea in the Hague or Hague-Visby Rules, COGSA or
   relative national law is deemed to include inland waterways.
 6.2.4 Carrier is entitled to (and nothing herein operates to deprive or
   limit such entitlement) the full benefit and rights to all Defences and
   all rights conferred by any applicable law or regulation of any country
   (including but not limited to any provisions of Chapter 305 of Title 46
   of the United States Code and any amendments thereto) and without
   prejudice to the generality of the foregoing also the benefit of any law
   or regulation whatsoever that is available to any Service Provider,
   including but not limited to the London Limitation Convention 1976 or
   any applicable convention or law governing the rights of shipowners or
   charterers to limit their liability in accordance with the Vessel   s
   tonnage or value.
6.3 Through Transport
 6.3.1 Carrier   s Port to Port & Port Area liability for Through Transport
   is as per clause 6.2.
 6.3.2 If for any reason clause 6.1(i) does not apply with regard to any
   Services and subject to clause 8.3, Merchant nevertheless acknowledges
   and agrees that Carrier   s liability is determined in accordance with:
  (i) the contracts, tariffs, or bills of lading of any responsible Service
    Provider (& clause 6.1(ii) applies) or 
 (ii) for shipments to or from the United States in accordance with the
   liability standards and defences of COGSA, or
(iii) for monetary limitations clause 7.4 herein, whichever imposes the
    least liability on the Carrier, and
 (iv) where a Service Provider   s lower monetary limitation is applicable
    Carrier is entitled to avail itself of such lower liability and under
    no circumstances whatsoever shall Carrier be liable to a greater extent
    than it can recover from the actual Service Provider engaged to perform
    all or part of the Services.
 6.3.3 Subject to any compulsory legislation to the contrary and without
   prejudice to any other provisions of this Bill, if the place where the
   loss or damage occurred cannot be proven then Carrier   s monetary
   liability will be determined by clause 7.4.
 6.3.4 If the place where the loss or damage occurred can be proved:
 6.3.5 Subject to clause 7.6, the liability of Carrier shall be determined
   by the provisions contained in any International Convention or law that
   is compulsorily applicable.
 6.3.6 If there is no International Convention or other compulsory law
   applying, then Carrier   s liability is determined by the provisions of
   this Bill.
 6.3.7 Notice of Opting out of Carmack Amendment/ICC Termination Act of
   1995: Where Through Transport commences or terminates in the United
   States, should for any reason it be determined that Carmack applies to
   the Services or this Bill, then the following applies:
  (i) Carrier shall arrange transport with US land Service Providers,
    either as exempt carriage as defined by 49 U.S.C. Section 13506, or if
    not so exempt, then as    contract carriage    as defined by 49 U.S.C.
    13102(4), under this Bill.
 (ii) Merchant expressly waives all rights and remedies it may have as to
    Carrier and its appointed motor or rail carriers under 49 U.S.C.
    Subtitle IV, Part B (excluding      13703, 13706, 14101 and 14103) to the
    full extent permitted by 49 U.S.C.    14101(b)(1), each as amended from
    time to time.
 
7) GENERAL LIABILITY AND OTHER PROVISIONS
7.1 Where Carrier   s liability arises from a cause which is only
 contributory, Carrier is only liable to the extent that those factors have
 contributed to the loss or damage.
7.2.1 Subject to any Carrier   s Defences, any agreed liability shall be
   calculated by reference to the value of the Goods as determined by any
   compulsory law applying or,
7.2.2 if there is no applicable compulsory law then by the FOB/FCA value
   of the Goods at the place and time at which they were accepted for
   Carriage, or
7.3 if 7.2.1 & 7.2.2 do not apply then the value shall be calculated by
 reference to the wholesale value of Goods of the same kind and quality
 at the time and place of shipment.
7.4 MAXIMUM OF MONETARY LIABILITY:
  (i) Notwithstanding any term or limitation herein to the contrary except
    clause 6.2.1, and subject to: any higher value declared pursuant to
    clause 8.3; Hague Rules, COGSA or the Hague-Visby Rules or any other
    laws, when compulsorily applicable; clause 7.5, 10.9 and 19.3; or
    should any Defences herein be held to not apply, and without prejudice
    to any agency status of Carrier, the Carrier   s maximum liability is as
    per clause 7.4 (ii).
 7.4
 (ii) Carrier   s maximum liability for loss or damage or delay or
    mis-delivery or any other liability whatsoever in direct or indirect
    connection with or howsoever arising from (including without
    limitation from negligence of any kind) the Goods or Services will not
    in any circumstances whatsoever exceed a sum of
   (a) US$500 per Package or CFU or
   (b) US$2.00 per kilo of the gross weight of the Goods affected or 
   (c) the sum of Merchant   s loss or the value of such Goods or
   (d) the Service Providers    monetary limits of liability, whichever is
   the least.
7.5 Carrier has no liability for correction costs for any erroneous
 shipment of Goods to an incorrect destination. Without prejudice to the
 foregoing or any other Carrier   s rights and remedies, if Carrier is for
 some reason found liable in this respect, then any liability shall be
 limited to a maximum sum of US$2,500.00.
7.6
  (i) Where international transport conventions or international or
    national law are compulsorily applicable, the Bill still applies.
 (ii) If any conflict exists between the Bill and such compulsory
    conditions the latter prevails to the extent of the conflict, but no
    further.
(iii) The Bill applies to any silence or gaps or omissions in provisions in
    such compulsory conditions.
7.7 It is warranted/agreed that superficial rust, oxidization,
 condensation, or any mould or any like condition due to moisture is not a
 condition of damage but is inherent to the nature of particular Goods or
 transport conditions and any Carrier   s or Service Provider   s receipt of
 the Goods in apparent good order and condition is not a representation
 that such condition of Goods did not exist on receipt.
 
8) AD VALOREM, FORCE MAJEURE, EXCLUSIONS, DELAY, LIMITATIONS, AND TIME BAR
8.1 Force Majeure/Other Exclusions.
 8.1.1 Carrier will be relieved from its duty to perform its obligations
    for the Services due to any Force Majeure event.
 8.1.2 Under no circumstances whatsoever will Carrier have any liability
    directly or indirectly caused by:
  (i) Force Majeure or
 (ii) Other Exclusions as defined in clause 
 8.1.3. Without prejudice to any other Defences, rights or remedies
    available to Carrier, Other Exclusions means exclusions of liabilities
    or obligations that are directly or indirectly related, connected or
   attributable to or by:
  (i) any act or error or omission or instructions or advices or breach of
    contract or warranty whatsoever, of or from Merchant,
 (ii) wastage in bulk or weight,
(iii) delay,
 (iv) betterment,
  (v) any loss, damage or delay
 arising from inherent defect or quality or vice or nature of the Goods or
 (vi) insufficiency of packing or insufficiency or inadequacy of marks,
(vii) any abandonment by Merchant,
(viii) fire unless the fire was caused by the actual fault or privity of
    Carrier;
 (ix) any damage or loss or delay whatsoever and howsoever caused whilst
    the Goods are in the care custody or control of any government or other
    authority, including but not limited to government or other authority
    owned transit terminals, warehousing or during inspections by such
    government authority;
  (x) any liability NOT arising from or connected to the Carrier   s
    negligence.
8.2 Delay/consequential & direct loss exclusions.
 8.2.1 Carrier does not undertake or guarantee that the Goods or any
    documents relating thereto shall arrive or be available at any place or
    stage during the Services and by way of example and not by limitation
    at any particular time or to meet any particular requirement of any
    delivery, contract, sale, seasonal or other market, license,
    permission, convenience or credit of Merchant, or any marketing for or
    use of, the Goods.
 8.2.2 In no circumstances whatsoever or howsoever caused (including
    negligence of any kind) will Carrier have any liability directly or
    indirectly caused by delay.
 8.2.3 All exclusions of liability under this clause 8.2.3 by way of
    example and not limitation, apply to any losses that are direct and
    which flow from the natural cause of any breach or incident and also to
    indirect and consequential losses. These foregoing losses and any
    similar or like losses arising from any circumstance whatsoever are
    excluded (including but not limited to losses arising from negligence
    of any kind) whether or not the Carrier or the Merchant had knowledge
    or notice that all or any of the losses might be incurred:
  (i) Diminishment or loss of sale ability.
 (ii) Loss of or deferment of: profits, sales or income or savings, real or
    potential future business, use (including but not limited to any losses
    for remedy and any losses already incurred or ongoing because of such
    loss of use), reputation, goodwill or production or increased costs of
    production.
(iii) Increased costs of production
 (iv) Without limitation any business, or factory or office or scientific
    or exploration activity or other work environment of any kind that
    suffers or is threatened by any failure, interruption, suspension or
    stoppage or closure, of any kind and howsoever arising.
  (v) Any corruption, stoppage, interruption or failure of any process or
    system, of any description including without limitation any IT system,
    programme, equipment or process.
 (vi) Any increase in value from actual value of Goods caused by
    replacement value or by betterment.
(vii) Due to non-viability of repair costs.
(viii) Statutory or punitive damages.
 (ix) Fines or penalties.
  (x) Any pure economic losses.
 (xi) Any consequential, indirect, incidental, special losses or damages.
 8.2.4 Without prejudice to clause 8.2.2 or any other Carrier   s rights and
  remedies whatsoever, if Carrier is for some reason found liable for
  delay, any such liability whatsoever or howsoever caused including but
  not limited to negligence of any kind, shall be limited to the Freight
  charged.
8.3 Ad Valorem: declared value for increased level of liability.
 8.3.1
  (i) In connection with loss of or damage to Goods the Merchant may
    request and obtain an increased level of liability higher than that
    otherwise provided for in this Bill, only by declaring in writing the
    value of the Goods and paying any additional Charges. Such request must
    be agreed in writing by Carrier prior to rendering Services. Such
    agreed declared value shall be substituted for the limits of liability
    for loss of or damage to Goods under this Bill.
 (ii) This declared value is prima facie and if the true value of the Goods
    at destination is less than such declared value, the lower value shall
    be deemed to be the declared value.
(iii) Any partial loss or damage shall be adjusted pro rata on the basis of
    such declared value.
 8.3.2 Merchant agrees and warrants that ad valorem arrangements herein
  shall only apply to liability for loss of or damage to Goods.
8.4 Notification period and time bar (limitation of actions)
 8.4.1 Carrier shall be deemed to have delivered Goods in the order and
  condition as described in this Bill unless written notice of any
  discrepancy indicating the general nature of such discrepancy is given at
  the place of delivery before or at the time of removal of the Goods into
  the custody of the Person taking delivery under this Bill or if the loss
  or damage is not apparent, within three consecutive days thereafter.
 8.4.2
  (i) In any event Carrier shall be discharged of all liability whatsoever
    and howsoever arising from or in connection with the Goods or Services,
   including without limitation any claims for indemnity or contribution
   and
 (ii) all rights of the Merchant to claim from the Carrier or Service
   Provider are extinguished unless
   (a) suit is brought and
   (b) written notice thereof be given to Carrier, within one year after
     delivery of the Goods or the date when the Goods should have been
     delivered.
 8.4.3 Notwithstanding clause 8.4.2, in cases where any Carrier   s or
  Service Providers    liability arises or is caused from or attributable to 
  or connected to
   (a) any agency Services provided by the Carrier or Service Provider or
   (b) the Carrier   s or Service Providers    acts, errors or omissions or
     events or circumstance that occur or manifest outside of the port to
     port or Port Area period of transport or handling, then 8.4.2 applies
     except that Clause 8.4.2 (ii)(b) is deleted and replaced with:
    (b.i) written notice thereof be given to Carrier, within nine months
      from the date of the event or occurrence alleged to give rise to a
      cause of action against Carrier or,
    (b.ii) written notice thereof be given to Carrier within any period
      under the application of clause 6.3, whichever is the shortest
      period.
  
9) MERCHANT   S RESPONSIBILITY Merchant agrees and warrants that:
 9.1 the information, declaration, description and particulars of Goods
  furnished by Merchant including but not limited to weight, content,
  measure, quantity, quality, condition, marks, numbers, addressing and
  value, are correct and that they will inform Carrier in advance of any
  special conditions that may apply to the Goods or Services;
 9.2 they will provide all documents and information correctly and
  truthfully completed for the Services and that all Goods, documents,
  information and Merchant, comply with any laws or regulations or
  requirements whatsoever. Carrier is not obliged to check whether the
  Goods, documents or information provided by Merchant are correct, lawful
  or sufficient;
 9.3 they will ensure that all Goods are properly prepared, packed or
  marked and labelled to inform the relevant parties, and in a manner to
  withstand the ordinary risks of the Services and the Goods having regard
  to their nature or the method of transport/handling and in compliance
  with all laws, rules, regulations and requirements (whether compulsorily
  applicable or not) that apply and that enhance or provide best practice
  for the security and safety of the Goods, Container and Services;
 9.4 they will bear all relevant expenses & costs for return of Goods,
  change of destination or transhipment or changing of delivery mode;
 9.5 they will ensure that no Goods which are or may become dangerous,
  hazardous, inflammable, noxious, radioactive or damaging or which are or
  may become liable to damage any property or Person whatsoever shall be
  tendered to Carrier for Services without Carrier   s consent in writing. If
  any such Goods are tendered without such written consent or required
  packaging, marking/labelling or if in the opinion of Carrier the Goods,
  whether pre-declared or not, are or are liable to become dangerous or
  hazardous or damaging, then no liability to Carrier will attach and the
  Goods may at any time be destroyed, disposed of, abandoned, or rendered
  harmless without compensation to Merchant and without prejudice to
  Carrier   s right to Freight & Charges and indemnity;
 9.6 they will be liable by way of example and not by limitation for any
  direct or indirect loss, damage, delay, contamination, soiling,
  pollution, detention or demurrage, of whatsoever nature to or of:
  (i) the environment, or any property or Goods whatsoever (including but
    not limited to Containers) of Carrier or of the Service Providers or of
    any Person, or
 (ii) for death or injury to any Person, caused by any act or error or
    omission of Merchant or any Person acting on their behalf or for which
    Merchant is otherwise responsible and whether such events arose or
    occurred before or during or after the Services;
 9.7
  9.7.1 it is Merchant   s sole responsibility and Merchant must provide to
   Carrier, electronically or by any means as mutually agreed, the Verified
   Gross Mass (VGM) of each Container prior to the deadline stipulated by
   Carrier for submission (VGM cut off time). If VGM is not provided in
   time by the Merchant, Carrier shall be under no obligation to commence
   or continue Services for that Container;
  9.7.2 Carrier may store, re-weigh or return the Container to the Merchant
   at Carrier   s discretion and at Merchant   s cost, if VGM is not so
   provided.
 
10) PROVISION AND STUFFING OF CONTAINERS The Merchant warrants and agrees
 that: 10.1 without prejudice to any other rights and remedies, this Bill
 shall govern the responsibility and liability of Carrier and Merchant in
 connection with or arising from the supply or use of a Container to or from
 and by Merchant and for Merchant supplied Containers whether supplied or
 kept or used prior or during or subsequent to Services; 10.2 unless prior
 written agreement is given by Carrier and any additional freight has been
 paid or agreed to be paid, Carrier is under no obligation to provide a
 Container of any particular type or quality; 10.3 unless otherwise confirmed
 by Merchant and agreed by Carrier in writing, the Goods are not temperature
 sensitive and do not require any special Containers, handling, storage,
 stowage, care or facilities; 10.4 Goods may be Stuffed by Carrier in or on
 Containers and Goods may be Stuffed with other goods of whatsoever nature;
 10.5 Carrier or Service Provider can palletise any un-palletised Goods, or
 breakdown pallets, skids or the like and any and all Goods or pallets and
 the like can be stacked upon unless prior to receipt of the Goods Carrier
 has agreed in writing with Merchant that the Goods will not be so stacked
 and that any Charges arising from such agreement are paid; 10.6 if a
 Container has been Stuffed by or on behalf of Merchant then Carrier is not
 liable for any loss of or damage or delay to the Goods caused by: (i) the
 way the Container has been Stuffed; or (ii) the unsuitability of or the
 defective condition of the Goods or their preparation for the Services or
 (iii) the unsuitability or defective condition of the Container or the
 incorrect setting of any refrigeration controls, humidity or ventilation
 settings; except if the Container is supplied by or on behalf of Carrier,
 then if such Container   s condition or incorrect settings were not apparent
 upon proven diligence and inspection by the Merchant at or prior to
 Stuffing, then exclusion 10.6(iii) does not apply; or (iv) Stuffing Goods
 that are not at the correct temperature for carriage; or (v) inadequate or
 absence or incorrect supply of Merchant   s information or instructions;
 10.7 (i) Container must be delivered to Carrier with an intact high-security
 seal in place and photographic evidence of the seal number will be provided
 to Carrier, except where Carrier has given written agreement to seal the
 Container. In the event the Container is not so sealed by Merchant, Carrier
 reserves the right to return the Container to Merchant for resealing or to
 affix a seal, all at Merchant   s cost. (ii) Carrier has no liability for
 damage or loss of Goods (a) in absence of such evidence, or (b) where any
 loss or discrepancy to Merchant   s seal is evidenced prior to or after
 Carrier   s care, custody or control, or (c) seal is intact on delivery to
 consignee. 10.8 Provided due diligence is exercised by Carrier to determine
 that Containers provided by them are in good working order prior to release
 to Merchant, Carrier has no liability for any delay, loss of or damage to
 the Goods directly or indirectly arising from any functioning or
 non-functioning of the Container or the temperature variant or humidity
 machinery or controls, insulation, or any apparatus of the Container
 (including but not limited to defects, derangement, breakdown or stoppage).
 10.9 (i) Notwithstanding any particulars in this Bill, Carrier does not
 guarantee the maintenance of the temperature or humidity within a
 refrigerated or special Container irrespective of whether the Container is
 Stuffed or the temperature is set by Merchant or Carrier. (ii) Further,
 Carrier has no liability whatsoever if refrigerated Goods are carried in a
 range of plus or minus 2.5 degrees C (or Fahrenheit equivalent) from any
 temperature specified on the reverse side hereof. 10.10 Carrier is only
 liable for loss of or damage to Merchant supplied Container if caused by
 Carrier   s negligence. Carrier   s liability in this respect is limited to
 the market value at the time of such loss or damage or reasonable cost of
 repair of the Container, subject to deductions for betterment and fair wear
 and tear or 2 US$ per kilo of tare weight, whichever is least. 10.11 In no
 circumstances whatsoever will any property in, or lien or other rights in
 respect of any Container supplied by or on behalf of Carrier be transferred
 to Merchant or any Person. 10.12 Any Container supplied by or on behalf of
 Carrier must be returned empty & clean and in accordance with Carrier   s
 instructions and in the same condition as received, failing which Merchant
 shall pay demurrage at the applicable rate & any additional costs of
 whatsoever nature occasioned by or related to such failure.
 
11) INSPECTION OF GOODS Carrier or any Person authorized by Carrier shall be
 entitled, but not obliged, to open any Container or Package at any time and
 to inspect the Goods and at their sole discretion take whatever action that
 they deem necessary in relation to the Goods or Services. If Carrier
 exercises such liberty or if done by order of any government or other
 authority at any place, Carrier will not be liable for any loss or damage or
 delay incurred as a result. Merchant will be responsible for all Charges
 resulting from such inspection.
 
12) MATTERS AFFECTING PERFORMANCE 12.1 If at any time the Services are or are
 likely to be affected by any hindrance, risk, delay, difficulty or
 disadvantage of any kind (including but not limited to the Goods   
 condition, or late collection/delivery or abandonment or breach of clause 9,
 by the Merchant) whenever and howsoever arising and whether due to Force
 Majeure or otherwise or whether or not the Services have commenced, Carrier
 may at its sole discretion and without prior notice to Merchant: 12.1.1
 carry the Goods to the port of discharge or place of delivery or by an
 alternative route to that indicated on the reverse side hereof or that which
 is usual for Goods consigned to that port of discharge or place of delivery;
 or 12.1.2 suspend the Services (but otherwise not the contract) and store
 Goods ashore or afloat and endeavour to conclude delivery when reasonably
 possible, or 12.1.3 abandon the Services and/or reject the Goods and where
 reasonably possible place the Goods or any part of them at Merchant   s
 disposal at any place that Carrier may deem safe and convenient, whereupon
 the responsibility and any liability of Carrier in respect of such Goods and
 Services shall cease. 12.2 Without prejudice to any rights or remedies
 available to Carrier in accordance with this clause 12, Carrier is entitled
 to continue the Services. 12.3 In any event Merchant shall pay in full
 existing Freight & Charges and any additional Freight & Charges arising from
 or connected to any liberties of clause 12 exercised by the Carrier. 12.4
 Carrier   s responsibility for Goods shall cease on delivery or other
 disposition of the Goods in accordance with orders or recommendations given
 by any government or authority or any Person acting or purporting to act as
 or on behalf of such government or authority.
 
13) METHODS AND ROUTE OF TRANSPORTATION 13.1 Carrier may at any time and
 without notice to Merchant and notwithstanding any named ports or routes on
 the reverse side hereof: 13.1.1 use any means or modes of transport or
 storage whatsoever; 13.1.2 load or carry the Goods on any Vessel whether
 named on the reverse hereof or not, or by any other means of transport
 whatsoever; 13.1.3 transfer at any stopping place the Goods from or to a
 conveyance or Container for transhipping/ transloading; or load, unload or
 store the Goods at any place or port or forward the same in any manner
 whatsoever, whether scheduled or not; 13.1.4 proceed at any speed, route,
 place or port at Carrier   s discretion whether or not by the nearest or
 most direct or customary or scheduled route and proceed to or stay at any
 place whatsoever and whenever in any order; 13.1.5 comply with any orders,
 directions, or recommendations given by or from (i) any Person acting or
 purporting to act as or on behalf of a government or authority or having
 such authority; or (ii) Service Providers    or Persons   , contractual
 authority; 13.1.6 proceed with or without pilots, to tow or be towed or to
 be dry-docked; 13.1.7 carry Livestock, explosives, munitions, dangerous or
 hazardous Goods or lawful Goods of any and all kinds. 13.2 (i) The liberties
 set out in 13.1 may be invoked by Carrier for any purposes whatsoever and
 whether or not connected with the Services. (ii) Anything done in accordance
 with 13.1 or any delay arising therefrom shall be deemed to be within the
 contractual carriage/Services and Merchant agrees and warrants that such
 liberties shall not be a deviation of whatsoever nature or degree and
 Carrier shall be entitled to full Charges and Freight incurred therefrom and
 to all Defences.
 
14) MERCHANT INDEMNITY Without limiting Merchant   s other indemnity
 obligations herein, Merchant agrees to fully indemnify and hold harmless
 Carrier against all claims or liabilities or damages or costs or expenses or
 duties, taxes or fines or penalties or imposts and any demands or charges or
 fees (including but not limited to attorneys    fees) or expenses, of
 whatsoever kind, nature or amount and whether direct or indirect, arising or
 in connection with and without limitation from: (i) any Merchant   s breach
 of any applicable law or obligation or contract or undertaking or warranty
 or guarantee or representation or any provision of this Bill including but
 not limited to any resultant loss or damage or delay to any property
 whatsoever or the environment, or death or injury, or (ii) any cause
 whatsoever for which Carrier is not responsible or liable, or (iii) any
 liability whatsoever which exceeds Carrier   s liability under this Bill, or
 (iv) related to Services for Livestock, or (v) any act or error or omission
 whatsoever of Merchant.
 
15) DECK CARGO AND LIVESTOCK
 15.1 Goods, containerised or not, may be carried on or under deck without
  notice to Merchant and Carrier will not be required to note on the Bill
  any statement of on-deck carriage. Merchant agrees and warrants that
  stowage on deck will not be a deviation of whatsoever nature or degree.
  Subject to 15.2 below, all Goods whether carried on or under deck will be
  deemed to be within the definition of goods for the purposes of this Bill
  or the Hague Rules or any legislation making such Rules or the 
  Hague-Visby Rules or COGSA compulsorily applicable and shall participate
  in general average.
 15.2 Goods, not being Goods Stuffed in or on Containers other than open
  flats or pallets which are stated on the front of this Bill to be carried
  on deck and which are so carried and in addition all Livestock whether in
  Containers or not and carried on deck or under deck, are carried without
  responsibility on the part of Carrier for loss or damage or delay of
  whatsoever nature arising:
  (i)(a) during carriage by sea or inland waterway, and
  (i)(b) whether caused by unseaworthiness or not or
 (ii) from negligence of any kind or
(iii) from any other cause whatsoever.
 
16) NOTIFICATION AND DELIVERY CLAUSE
 16.1 Any mention in this Bill of parties to be notified of arrival of
  Goods is solely for information purposes.  Carrier has no liability
  whatsoever for any failure to provide such notification and such failure
  shall not relieve Merchant of any obligations hereunder.
 16.2 Merchant shall ensure that they take immediate delivery of Goods
  (i) as notified to the Merchant by the Carrier or
 (ii) in the absence of such notice on Vessel   s discharge or at delivery
    point shown on reverse hereof.
 16.3 If Merchant fails to take delivery of Goods in accordance with clause
  16.2 Carrier may without notice remove the Goods from the Container or
  Vessel and store the Goods ashore, afloat, in the open or under cover, at
  the sole risk and expense of Merchant. Such storage constitutes due
  delivery hereunder and thereupon all liability and responsibility
  whatsoever of Carrier ceases.
 16.4 Merchant   s attention is drawn to the expiry of free
  Merchant   s liability for demurrage costs contained in Carrier   s tariff
  and herein.
 16.5 Once free time has expired, the Goods will be stored at the sole risk
  and expense (including but not limited to demurrage and storage) of
  Merchant. However, if Carrier believes that the Goods are likely to
  deteriorate, decay, lose value or incur Charges in excess of their value,
  Carrier may without notice to Merchant and without prejudice to any other
  rights or remedies, publicly or privately sell or dispose of the Goods
  and apply the proceeds to the Freight and any Charges.
 
17) BOTH-TO-BLAME COLLISION
 17.1 If the Vessel comes into collision with another ship due to the
  negligence of the other ship and any act or neglect of the Carrier in the
  navigation or management of the Vessel, and Merchant receives
  compensation or damages paid or payable by the other non-carrying ship
  for any loss, damage or any claim whatsoever for the Goods or Services,
  the Merchant shall indemnify & hold harmless Carrier for any such
  compensation/damages to the extent the non-carrying ship seeks to set
  off, recoup or recover this from the Vessel or Carrier.
 17.2 The provisions of 17.1 will also apply where the owners, operators or
  those in charge of any ship or ships or objects other than or in addition
  to the colliding ships or objects, are at fault in respect of a collision
  or contact.
 
18) GENERAL AVERAGE
 18.1 Carrier may declare General Average (GA) at any place and GA is
  adjustable according to the current version of York-Antwerp Rules or as
  stated in the Service Provider   s terms and conditions, at the option of
  Carrier. Merchant agrees and warrants that they shall provide any GA
  security as required by Carrier and shall jointly and severally
  contribute with the Service Provider in GA to the payment of any
  sacrifices, losses or expenses of a GA nature that may be made or
  incurred and shall pay salvage and any other charges incurred in respect
  of the Goods.
 18.2 If a salving ship is owned or operated by Carrier or Service
  Provider, salvage shall be paid as if the said salving ship or ships
  belonged to strangers.  Such deposit as Carrier or Service Provider may
  deem sufficient to cover the estimated contribution of the Goods and any
  salvage and special charges thereon shall be paid by Merchant to Carrier
  before delivery.
 18.3 Merchant and the Goods must contribute to the payment of any
  sacrifices, losses or expenses of a GA nature that may be made or
  incurred and shall pay salvage and special charges incurred in respect of
  the Goods in the event of accident, danger, damage or disaster before or
  after the commencement of the voyage resulting from any cause whatsoever,
  whether due to negligence or not for which, or for the consequence of
  which, the Carrier is not responsible by statute, contract or otherwise.
 18.4 Carrier shall be under no obligation to take any steps whatsoever to
  collect security for GA or salvage contributions due from Merchant.
 
19) FREIGHT AND CHARGES
19.1 Freight & Charges are irrevocably earned, and fully payable by
 Merchant and non-returnable in any event irrespective whether prepaid,
 collect or otherwise or whether Goods lost, damaged or delayed.
19.2 Freight & Charges are calculated from particulars furnished by
 Merchant. Carrier is entitled to production of the commercial invoice and
 packing list for the Goods or true copies thereof and to inspect, reweigh,
 remeasure and revalue the Goods. If the particulars are incorrect,
 Merchant shall pay Carrier the correct Freight & Charges (credit given for
 the Freight & Charges charged) and any costs incurred in establishing the
 correct particulars.
19.3 Irrespective of what is used to calculate any Freight or Charges, any
 Freight or Charges are to be considered for Carrier   s liability purposes
 as    lump sum   .
19.4 All Freight & Charges must be paid without any set off, counterclaim,
 or deduction.
19.5 With regards to any payment to any Person by Merchant in respect of
 any sums due to Carrier, such Person shall be considered the exclusive
 agent of Merchant for all purposes and any payment to such Person shall
 not be considered payment to Carrier. Failure of such Person to promptly
 pay any part of the Freight or Charges to Carrier shall be considered a
 default by Merchant in the payment of the Freight or Charges.
19.6 Should the Merchant fail to make timely payment of any Freight or
 Charges, Merchant shall be liable to Carrier for all costs and expenses of
 recovery of such sums from Merchant plus attorneys    fees, plus the higher
 of 6% interest or the available commercial interest rate in the country of
 recovery calculated from the due date of such sums.
  
20) LIEN Carrier shall have a particular and general lien on any documents
 or Goods for all and any unpaid past or present sums whatsoever that are
 payable by Merchant to the Carrier in accordance with Services and for GA
 and salvage contributions to whomsoever due. Carrier can at their option
 hold Goods or sell the Goods at public or private sale without notice to
 Merchant to satisfy the lien in whole or in part. If the proceeds of sale
 less any sale costs and expenses including without limitation attorneys   
 fees fail to cover the amount due, then Carrier is entitled to recover any
 deficit from Merchant.
 
21) VARIATION OF THE CONTRACT No amendment or waiver of or departure from
 any provision of this Bill shall be valid against Carrier unless such
 waiver or variation or departure is specifically authorised in writing by
 a director or officer of Carrier with actual authority to do so. Such
 waivers or consents by Carrier are not continuous and shall only be
 effective in the specific instances and purposes for which they are given.
 
22) PARTIAL INVALIDITY If any provision of this Bill, in whole or in part,
 is held to be unenforceable by any court or Person so empowered, such
 unenforceability will attach only to such provision or part. Such holding
 will not affect the enforceability of the remaining provision or part.
 
23) GOVERNING LAW AND JURISDICTION The Merchant and Carrier warrant and
 agree that all disputes whatsoever arising from or connected to the Bill
 or Services are subject to the following:
23.1 For Services in or shipments to or from United States:
 23.1.1 US law, without regard to conflicts of law,exclusively governs,
  construes and enforces all of the rights and duties of the parties
  directly or indirectly arising from or relating in any way to this Bill,
  the Services, or the relationship of the parties.
 23.1.2
  (i) Any and all disputes under this Bill howsoever arising or actioned
    and whether stated in contract or tort or otherwise, must be
    exclusively brought before the U.S. District Court for the Southern
    District of New York and without regard to its conflict of laws rules.
 (ii) The parties waive their respective rights to a jury trial.
23.2 Services provided in or shipments to or from places other than the
 United States:
 23.2.1 English law exclusively governs, construes and enforces all
  disputes and all rights and duties of the parties directly or indirectly
  arising from or relating in any way to this Bill, the Services or the
  relationship of the parties.
 23.2.2 Any and all actions or disputes based on breach of contract, tort
  or otherwise must be brought exclusively before the High Court of Justice
 in London.
23.3 Without prejudice to clauses 23.1 and 23.2, Carrier at its option will
 be entitled to enforce any claim against Merchant in any jurisdiction and
 in accordance with the law of that jurisdiction, in which Merchant has
 assets or is habitually resident.

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