Effective	24AUG2016
Filed	24AUG2016
Filing Codes	IC

Control No. 16-01885
   
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
 a) "Pegasus" is a trade name for Pegasus International
   Incorporated, 1100 Jorie Blvd., Suite 240, Oak Brook, IL 60523
   
 b) "Bill of Lading" as used herein includes conventional bills of
   lading, as well as electronic, express and laser bills of lading,
   sea waybills and all like documents, howsoever generated, covering
   the Carriage of Goods to, from or through the United States,
   whether or not issued to the Merchant.
   
 c) "Carriage" means the whole of the operations and services
   undertaken or performed by or on behalf of the Carrier with respect
   to the Goods.
   
 d) "Carrier" means the Company named on the face side hereof and on
   whose behalf this Bill of Lading was issued, whether acting as
   carrier or bailee.
   
 e) "Charges" means freight, deadfreight, demurrage and all expenses
   and money obligations incurred and payable by the Merchant.
   
 f) "Container" means any container (closed or open top), van,
   trailer, flatbed, transportable tank, railroad car, vehicle, flat,
   flatrack, pallet, skid, platform, cradle, sling-load or any other
   article of transport and any equipment associated or appurtenant
   thereto.
   
 g) "Goods" means the cargo received from the shipper and described
   on the face side hereof and any Container not supplied by or on
   behalf of the Carrier.
   
 h) "Merchant" means the shipper, consignee, receiver, holder of
   this Bill of Lading, owner of the cargo or person entitled to the
   possession of the cargo and the servants and agents of any of
   these, all of whom shall be jointly and severally liable to the
   Carrier for the payment of all Charges, and for the performance of
   the obligations of any of them under this Bill of Lading.
   
 i) "On Board" or similar words endorsed on this Bill of Lading mean
   that in a Port to Port movement, the Goods have been loaded on
   board the Vessel or are in the custody of the actual ocean carrier.
   In the event of intermodal transportation, if the originating
   carrier is an inland or coastal carrier, mean that the Goods have
   been loaded on board rail cars or another mode of transport at the
   Place of Receipt or are in the custody of a Participating carrier
   and en route or are intended to be transported to the Port of
   Loading named on the reverse side.
   
 j) "Participating carrier" means any other carrier by water, land
   or air, performing any stage of the Carriage, including inland
   carriers, whether acting as sub-carrier, connecting carrier,
   substitute carrier and/or bailee.
   
 k) "Person" means an individual, a partnership, a body corporate or
   any other entity of whatsoever nature.
   
 l) "Vessel" means the ocean vessel named on the face side hereof,
   and any substitute vessel, feedership, barge, or other means of
   conveyance by water used in whole or in part by the Carrier to
   fulfill this contract.
   
2. CARRIER'S TARIFFS. The Goods carried hereunder are subject to
all the terms and conditions of the Carrier's applicable tariff or
tariffs on file with the Federal Maritime Commission, Interstate
Commerce Commission or any other regulatory body which governs a
particular portion of the carriage and said terms and conditions
are hereby incorporated herein as part of the Terms and Conditions
of this Bill of Lading. Copies of the relevant provisions of the
applicable tariff or tariffs are obtainable from the Carrier,
Federal Maritime Commission, Interstate Commerce Commission or
other regulatory body upon request. In the event of any conflict
between the terms and conditions of such tariff or tariffs and the
Terms and Conditions of this Bill of Lading, this Bill of Lading
shall prevail.
   
3. WARRANTY/ACKNOWLEDGMENT. The Merchant warrants that in agreeing
to the Terms and Conditions hereof, it is, or is the agent and has
the authority of, the owner or person entitled to the possession of
the Goods or any person who has a present or future interest in the
Goods.
   
The Merchant acknowledges that the Carrier is a non-vessel
operating common carrier ("NVOCC"), and that it neither owns nor
charters vessels, as a result of which the Carrier or any
sub-carrier, connecting carrier or substitute carrier (which may be
a NVOCC) will be required to contract with an actual ocean carrier
to accomplish the Carriage contemplated by this Bill of Lading and
does so as agent of the Merchant.
   
The Merchant further acknowledges that by identifying the carrying
Vessel on the face side hereof, it knows or can determine the name
of the actual ocean carrier and the terms and conditions of the
actual ocean carrier's bill of lading and applicable tariff(s) and
agrees to be bound thereby.
   
4. RESPONSIBILITY
 a) Except where the Carriage covered by this Bill of Lading is to
   or from a port or locality where there is in force a compulsorily
   applicable 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,
   the provisions of which cannot be departed from, and suit or other
   proceeding is instituted and litigated in such port or locality,
   this Bill of Lading shall have effect subject to the Carriage of
   Goods by Sea Act of the United States ("COGSA"), approved April 16,
   1936, and nothing herein contained, unless otherwise stated, shall
   be deemed a surrender by the Carrier of any of its rights,
   immunities, exemptions, limitations or exonerations or an increase
   of any of its responsibilities or liabilities under COGSA or, as
   the case may be, such compulsorily applicable ordinances or
   statutes. The provisions of COGSA or such compulsorily applicable
   ordinances or statutes (except as otherwise specifically provided
   herein) shall govern before loading on and after discharge from the
   vessel and throughout the entire time the Goods or Containers or
   other packages are in the care, custody and/or control of the
   Carrier, a Participating carrier or independent contractor
   (inclusive of all subcontractors), their agents and servants,
   whether engaged by or acting for the Carrier or any other person,
   as well as during the entire time. The Carrier is responsible for
   the Goods. In the absence of compulsorily applicable legislation,
   COGSA shall apply during the entire time the Carrier remains
   responsible hereunder.
   
 b) The Carrier shall not be liable in any capacity whatsoever for
   any delay, non-delivery, mis-delivery or other loss or damage to or
   in connection with the Goods or Containers or other packages
   occurring at any time contemplated under subdivision a) of this
   Clause.
   
 c) The Carrier shall, irrespective of which law is applicable under
   subdivision a) of this Clause, be entitled to the benefit of the
   provisions of Sections 4281 through 4286, inclusive, and 4289 of
   the Revised Statutes of the United States and amendments thereto.
   
 d) The rights, defenses, exemptions, limitations of and
   exonerations from liability and immunities of whatsoever nature
   provided for in this Bill of Lading shall apply in any action or
   proceeding against the Carrier, its agents and servants and/or any
   Participating carrier or independent contractor, whether in tort,
   contract or otherwise.
   
5. THROUGH TRANSPORTATION. When either the Place of Receipt or
Place of Delivery set forth herein is an inland point or place
other than the Port of Loading (Through Transportation basis), the
Carrier will procure transportation to or from the sea terminal and
such inland point(s) or place(s) and, notwithstanding anything in
this Bill of Lading contained, but always subject to Clause 4. 
Hereof, the Carrier shall be liable for loss or damage of
whatsoever nature and howsoever arising to the following extent,
but no further:
   
 a) Upon proof that the loss or damage arose during a part of the
   Carriage herein made subject to COGSA or other compulsorily
   applicable legislation, as set forth in Clause 4. a) hereof, said
   legislation shall apply; or
   
 b) Upon proof that the loss or damage
   not falling within a) above, but concerning which the law of any
   country, state or subdivision thereof contains provisions that are
   compulsorily applicable and would have applied if the Merchant had
   made a separate and direct contract with the Carrier, a
   Participating carrier or independent contractor, as referred to
   herein, relative to a particular stage of transport or other
   handling wherein the loss or damage occurred and received as
   evidence thereof a particular receipt or other document, then the
   liability of the Carrier, Participating carrier and independent
   contractor shall be subject to the provisions of such law.
      
 c) If it should be determined that the Carrier bears any
   responsibility for loss or damage occurring during the care,
   custody and/ or control of any Participating carrier or independent
   contractor, their agents and/or servants, and be subject to law
   compulsorily applicable to their bills of lading, receipts, tariffs
   and/or law applicable thereto, then the Carrier shall be entitled
   to all rights, defenses, immunities, exemptions, limitations of and
   exonerations from liability of whatsoever nature accorded under
   such bill of lading, receipt, tariff and/or applicable law,
   provided however, that nothing contained herein shall be deemed a
   surrender by the Carrier of any of its rights, defenses and
   immunities or an increase of any of its responsibilities or
   liabilities under this Bill of Lading, the Carrier's applicable
   tariff or laws applicable or relating thereto.
   
 d) Except as hereinabove provided, the Carrier shall have no
   liability for loss or damage to the Goods.
   
6. SUBCONTRACTING: BENEFICIARIES
 a) The Carrier shall be entitled to subcontract on any terms the
   whole or any part of the Carriage, loading, unloading, storing,
   warehousing, handling and any and all duties whatsoever undertaken
   by it in relation to the Goods or Containers or other packages or
   any other goods.
   
 b) It is understood and agreed that if it should be adjudged that
   any person or entity other than or in addition to the Carrier is
   under any responsibility with respect to the Goods or any other
   goods, regardless of the port or place where any loss or damage
   shall occur and without regard to whether the Goods covered hereby
   or any other goods are being handled or are damaged directly or
   indirectly during any handling, and even if the Goods or other
   goods are transported on free in, stowed and/or free out terms, all
   exemptions, limitations of and exonerations from liability provided
   by law or by the Terms and Conditions hereof shall be available to
   all agents, servants, employees, representatives, all Participating
   (including rail and other inland) carriers and all stevedores,
   terminal operators, warehousemen, crane operators, watchmen,
   carpenters, ship cleaners, surveyors and all independent
   contractors, inclusive of all persons providing any service
   whatsoever. In contracting for the foregoing exemptions,
   limitations of and exonerations from liability, the Carrier is
   acting as agent and trustee for and on behalf of all persons
   described above, all of whom shall to this extent be deemed to be a
   party to the contract evidenced by this Bill of Lading, regardless
   for whom acting or by whom retained and paid, it being always
   understood that said beneficiaries are not entitled to any greater
   or further exemptions, limitations of or exonerations from
   liability than those that the Carrier has under this Bill of Lading
   in any given situation.
   
 c) The Carrier undertakes to procure such services as necessary and
   shall have the right at its sole discretion to select any mode of
   land, sea or air transport and to arrange participation by other
   carriers to accomplish the total or any part of the carriage from
   Port of Loading to Port of Discharge or from Place of Receipt to
   Place of Delivery, or any combination thereof, except as may be
   otherwise provided herein.
   
 d) The Merchant agrees that the Carrier shall be deemed to be a
   beneficiary of the actual ocean carrier's bill of lading and of all
   exemptions, limitations of and exonerations from liability therein
   contained even though the Carrier acts as agent of the Merchant in
   contracting with the actual ocean carrier for the Carriage of the
   Goods. Notwithstanding, under no circumstances shall the Carrier be
   responsible for any damages to an extent greater than the actual
   ocean carrier or any beneficiaries of its bill of lading.
   
 e) No agent or servant of the Carrier or other person or class
   named in subdivision b) hereof shall have power to waive or vary
   any of the terms hereof unless such waiver or variation is in
   writing and is specifically authorized or ratified in writing by an
   officer or director of the Carrier having actual authority to bind
   the Carrier to such waiver or variation.
   
7. MERCHANT'S RESPONSIBILITIES/DESCRIPTION OF GOODS
 a) The description and particulars of the Goods set out on the face
   hereof and any description, particular or other representation
   appearing on the Goods, Container or other packages or documents
   relating thereto are furnished by the Merchant, and the Merchant
   warrants to the Carrier that the description, particulars and any
   representation made including, but not limited to, weight, content,
   measure, quantity, quality, condition, marks, numbers and value are
   correct.
   
 b) The Merchant warrants that it has complied with all applicable
   laws, regulations and requirements of Customs, Port and other
   Authorities and shall bear and pay all duties, taxes, fines,
   imposts, expenses and losses incurred or suffered by reason thereof
   or by reason of any illegal, incorrect or insufficient marking,
   numbering, addressing or any other particular relative to the
   Goods.
   
 c) The Merchant further warrants that the Goods are packed in a
   manner adequate to withstand the ordinary risks of Carriage having
   regard to their nature and in compliance with all laws, regulations
   and requirements which may be applicable.
   
 d) No Goods which are or may become dangerous, inflammable or
   damaging or which are or may become liable to damage any property
   or person whatsoever shall be tendered to the Carrier for Carriage
   without the Carrier's prior express consent in writing and without
   the Container or other covering in which the Goods are to be
   transported being distinctly marked on the outside thereof so as to
   indicate the nature and character of any such articles and so as to
   comply with all applicable laws, regulations and requirements. If
   any such articles are delivered to the Carrier without such written
   consent and marking or if in the opinion of the Carrier the
   articles are or are liable to become of a dangerous, inflammable or
   damaging nature, the same may at any time be destroyed, disposed
   of, abandoned or rendered harmless without compensation to the
   Merchant and without prejudice to the Carrier's right to Charges.
   
 e) The Merchant shall be liable for all loss or damage of any kind
   whatsoever including, but not limited to, contamination, soiling,
   detention and demurrage before, during and after the Carriage of
   property (including but not limited to Containers) of the Carrier
   or any person or vessel (other than the Merchant) caused by the
   Merchant or any person acting on its behalf or for which the
   Merchant is otherwise responsible.
   
 f) The Merchant and the Goods themselves shall be liable for and
   shall indemnify the Carrier, and the Carrier shall have a lien on
   the Goods for all expenses of mending, repairing, fumigating,
   repacking, recoopering, baling, reconditioning of the Goods and
   gathering of loose contents, also for expenses for repairing
   Containers damaged while in the possession of the Merchant, for
   demurrage on Containers and any payment, expense, fine, dues, duty,
   tax, impost, loss, damage or detention sustained or incurred by or
   levied upon the Carrier, Vessel, Goods, Containers or other
   packages and for any action or requirement of any government or
   governmental authority or person purporting to act under the
   authority thereof, seizure under legal process or attempted
   seizure, incorrect or insufficient marking, numbering or addressing
   of Containers or other packages or description of the contents,
   failure of the Merchant to procure consular, Board of Health or
   other certificates to accompany the Goods or to comply with laws or
   regulations or any kind imposed with respect to the Goods by the
   authorities at any port of place or any act or omission of the
   Merchant. The Carrier's lien shall survive delivery and may be
   enforced by private or public sale and without notice.
   
 g) The Merchant shall defend, indemnify and hold harmless the
   Carrier, any Participating carrier, independent contractor, their
   agents and servants, against any loss, damage, claim, liability or
   expense whatsoever arising from any breach of the provisions of
   this Clause 7, or from any other cause for which the Carrier is not
   ultimately responsible.
   
8. CONTAINERS.
 a) Goods may be stowed by the Carrier in or on Containers, and may
   be stowed with other goods. Containers, whether stowed by the
   Carrier or received fully stowed, may be carried on or under deck
   without notice, and the Merchant expressly agrees that cargo stowed
   in a Container and carried on deck is considered for all legal
   purposes to be cargo stowed under deck. Goods stowed in Containers
   on deck shall be subject to the legislation referred to in Clause
   4. Hereof and will contribute in General Average and receive
   compensation in General Average, as the case may be.
   
 b) The Terms and Conditions of this Bill of Lading shall govern the
   responsibility of the Carrier with respect to the supply of a
   Container to the Merchant.
   
 c) If a Container has been stuffed by or on behalf of the Merchant,
   the Carrier, any Participating Carrier, all independent contractors
   and all persons rendering any service whatsoever hereunder shall
   not be liable for any loss or damage to the Goods, Containers or
   other packages or to any other goods caused (1) by the manner in
   which the Container has been stuffed and its contents secured, (2)
   by the unsuitability of the Goods for carriage in Containers or for
   the type of Container requested by and furnished to the Merchant,
   or (3) condition of the Container furnished, which the Merchant
   acknowledges has been inspected by it or on its behalf before
   stuffing and sealing.
   
 d) The Merchant shall defend, indemnify and hold harmless the
   Carrier against any loss, damage, claim, and liability or expense
   whatsoever arising from one or more of the matters covered by a),
   b) and c) above.
   
9. CONTAINERS WITH HEATING OR REEFER APPARATUS. Containers with
temperature or atmosphere control apparatus for heating,
refrigeration, ventilation or otherwise will not be furnished
unless contracted for expressly in writing at time of booking and,
when furnished, may entail increased Charges. In the absence of an
express request, it shall be conclusively presumed that the use of
a dry container is appropriate for the Goods.
   
Merchant must provide Carrier with desired temperature range in
writing at time of booking and insert same on the face side of the
Bill of Lading, and where so provided, Carrier is to exercise due
diligence to maintain the temperature within a reasonable range
while the Containers are in its care, custody and/or control or
that of any Participating carrier or independent contractor. The
Carrier does not accept any responsibility for the functioning of
temperature or atmosphere-controlled Containers not owned or leased
by Carrier or for latent defects not discoverable by the exercise
of due diligence.
   
Where the Container is stuffed or partially stuffed by or on behalf
of the Merchant, the Merchant warrants that it has properly
pre-cooled the Container, that the Goods have been properly stuffed
and secured within the Container and that the temperature controls
have been properly set prior to delivery of the Container to the
Carrier, its agents, servants, or any Participating carrier or
independent contractor. The Merchant accepts responsibility for all
loss or damage of whatsoever nature resulting from a breach of any
of these warranties, including but not limited to other cargo
consolidated in the Container with the Merchant's Goods or to any
other cargo, property or person damaged or injured as a result
thereof, and the Merchant agrees to defend, indemnify and hold the
Carrier, Participating carriers and independent contractors, their
agents and servants, harmless from and against all claims, suits,
proceedings and all other consequences thereof regardless of their
nature and merit.
   
10. CARRIER'S EQUIPMENT: INDEMNITY Whenever the Merchant, or an
agent, servant, contractor or anyone else acting on its behalf,
directly or indirectly, takes possession of or exercises control
over a Container and/or any equipment whatsoever owned or leased
by, or the use of which is provided to, the Carrier, any
Participating Carrier, their agents, servants or independent
contractors, the Merchant agrees to defend, indemnify and hold
harmless the Carrier, any Participating Carrier, their agents,
servants and independent contractors from and against any loss or
damage to said Container and equipment, as well as to any
third-party property, and for any injury to or death of persons
arising out of the use of said Container and equipment.
   
11. OPTION OF INSPECTION. The Carrier and any Participating carrier
shall be entitled, but under no obligation, to open any Container
at any time and to inspect the contents. If it thereupon appears
that the contents or any part thereof cannot safely or properly be
carried or carried further, either at all or without incurring any
additional expense, the Carrier and Participating carrier may
abandon the transportation thereof and/or take any measures and/or
incur any reasonable additional expenses to continue the Carriage
or to store the Goods, which storage shall be deemed to constitute
due delivery under this Bill of Lading. The Merchant shall
indemnify the Carrier against any reasonable additional Charges so
incurred.
   
12. DECK CARGO. Deck cargo (except that carried in Containers on
deck) and live animals are received and carried solely at
Merchant's risk (including accident or mortality of animals), and
the Carrier will not in any event be liable for any loss or damage
for or from which he is exempt, immune or exonerated by applicable
law, or from any other cause whatsoever not due to the fault of the
Carrier, any warranty of seaworthiness in the premises being hereby
waived, and the burden of proving liability being in all respects
upon the Merchant. Except as may be otherwise provided, such
shipments shall be deemed Goods and shall be subject to all Terms
and Conditions of this Bill of Lading.
   
13. METHODS AND ROUTES OF TRANSPORTATION. With respect to the Goods
or Containers or other packages, the Carrier may at any time and
without notice to the Merchant:
 a)  use any means of transport (water, land and/or air) or storage
   whatsoever;
   
 b) forward, transship or retain on board or carry on another
   vessel or conveyance or by any other means of transport than that
   named on the reverse side hereof;
   
 c) carry Goods on or under deck at its option;
    
 d) proceed by any route in its sole and absolute discretion and
   whether the nearest, most direct, customary or advertised route or
   in or out of geographical rotation;
   
 e) proceed to or stay at any place whatsoever once or more often
   and in any order or omit calling at any port, whether scheduled or
   not;
   
 f) store, vanned or devanned, at any place whatsoever, ashore or
   afloat, in the open or covered;
   
 g) proceed with or without pilots;
   
 h) carry livestock, contraband, explosives, munitions, warlike
   stores, dangerous or hazardous goods or goods of any and all kinds;
   
 i) drydock or stop at any unscheduled or unadvertised port for
   bunkers, repairs or for any purpose whatsoever;
   
 j) discharge and require the Merchant to take delivery, vanned or
   devanned;
   
 k) comply with any orders, directions or recommendations given by
   any government or authority or by any person or body acting or
   purporting to act with the authority of any government or authority
   or having under the terms of the insurance on the vessel or other
   conveyance employed by the Carrier the right to give such orders,
   directions or recommendations.
   
 l) Take any other steps or precautions as may appear reasonable to
   the Carrier under the circumstances. The liberties set out in
   subdivisions a) through l) may be invoked for any purpose
   whatsoever even if not connected with the Carriage covered by this
   Bill of Lading, and any action taken or omitted to be taken, and
   any delay arising therefrom, shall be deemed to be within the
   contractual and contemplated Carriage and not be an unreasonable
   deviation. In no circumstance whatsoever shall the Carrier be
   liable for direct, indirect or consequential loss or damage caused
   by delay.
   
14. MATTERS AFFECTING PERFORMANCE. In any situation whatsoever and
wheresoever occurring and whether existing or anticipated before
commencement of, during or after the Carriage, which in the
judgment of the Carrier is likely to give rise to any hindrance,
risk, capture, seizure, detention, damage, delay, difficulty or
disadvantage or loss to the Carrier or any part of the Goods, or
make it unsafe, imprudent, impracticable or unlawful for any reason
to receive, keep, load, carry or discharge them or any part of them
or commence or continue the Carriage or disembark passengers at the
port of Discharge or at the usual or intended place of discharge or
delivery, or to give rise to danger, delay or difficulty of
whatsoever nature in proceeding by the usual or intended route, the
Carrier and any Participating carrier, without notice to the
Merchant, may decline to receive, keep, load, carry or discharge
the Goods, or may discharge the Goods and may require the Merchant
to take delivery and, upon failure to do so, may warehouse them at
the risk and expense of the Merchant and Goods or may forward or
transship them as provided in this Bill of Lading, or the Carrier
may retain the Goods on board until the return of the Vessel to the
Port of Loading or to the Port of Discharge or any other point or
until such time as the Carrier deems advisable and thereafter discharge
them at any place whatsoever. In such event, as herein provided,
such shall be at the risk and expense of the Merchant and Goods,
and such action shall constitute complete delivery and performance
under this contract, and the Carrier shall be free from any further
responsibility. For any service rendered as herein above provided
or for any delay or expense to the Carrier or Vessel caused as a
result thereof, the Carrier shall, in addition to full Charges, be
entitled to reasonable extra compensation, and shall have a lien on
the Goods for same. Notice of disposition of the Goods shall be
sent to the Merchant named in this Bill of Lading within a
reasonable time thereafter.
    
All actions taken by the Carrier hereunder shall be deemed to be
within the contractual and contemplated Carriage and not be an
unreasonable deviation.
   
15. DELIVERY. If delivery of the Goods or Containers or other
packages or any part thereof is not taken by the Merchant when and
where and at such time and place as the Carrier is entitled to have
the Merchant take delivery, whether or not the Goods are damaged,
they shall be considered to have been delivered to the Merchant,
and the Carrier may, at its option, subject to its lien and without
notice, elect to have same remain where they are or, if
containerized, devanned and sent to a warehouse or other place,
always at the risk and expense of the Merchant and Goods. If the
Goods are stowed within a Container owned or leased by the Carrier,
the Carrier shall be entitled to devan the contents of any such
Container, whereupon the Goods shall be considered to have been
delivered to the Merchant, and the Carrier may, at its option,
subject to its lien and without notice, elect to have same remain
where they are or sent to a warehouse or other place, always at the
risk and expense of the Merchant and Goods.
    
At ports or places where by local law, authorities or custom, the
Carrier is required to discharge cargo to lighters or other craft
or where it has been so agreed or where wharves are not available
which the Vessel can get to, be at, lie at, or leave, always safely
afloat, or where conditions prevailing at the time render discharge
at a wharf dangerous, imprudent, or likely to delay the Vessel, the
Merchant shall promptly furnish lighters or other craft to take
delivery alongside the Vessel at the risk and expense of the Goods.
If the Merchant fails to provide such lighters or other craft,
Carrier, acting solely as agent for the Merchant, may engage such
lighters or other craft at the risk and expense of the Merchant and
Goods. Discharge of the Goods into such lighters or other craft
shall constitute proper delivery, and any further responsibility of
Carrier with respect to the Goods shall thereupon terminate.
   
16. CHARGES, INCLUDING FREIGHT. The Charges payable hereunder have
been calculated on the basis of particulars furnished by or on
behalf of the Merchant. The Carrier shall, at any time, be entitled
to inspect, reweigh, remeasure or revalue the contents and, if any
of the particulars furnished by the Merchant are found to be
incorrect, the Charges shall be adjusted accordingly, and the
Merchant shall be responsible to pay the correct Charges and all
expenses incurred by the Carrier in checking said particulars or
any of them.
   
Charges shall be deemed earned on acceptance of the Goods or
Containers or other packages for shipment by the Carrier and shall
be paid by the Merchant in full, without any offset, counterclaim
or deduction, cargo and/or vessel or other conveyance lost or not
lost, and shall be non-returnable in any event.
   
The Merchant shall remain responsible for all Charges, regardless
whether the Bill of Lading states, in words or symbols, that it is
"Prepaid," "To be Prepaid" or "Collect."
   
In arranging for any services with respect to the Goods, the
Carrier shall be considered the exclusive agent of the Merchant for
all purposes, and any payment of Charges to other than the Carrier
shall not, in any event, be considered payment to the Carrier.
The Merchant shall defend, indemnify and hold the Carrier, any
Participating carrier, independent contractor, their agents and
servants, harmless from and against all liability, loss, damage and
expense which may be sustained or incurred relative to the above.
   
17. CARRIER'S LIEN. The Carrier shall have a lien on the Goods,
inclusive of any Container owned or leased by the Merchant, and all
equipment and appurtenances thereto, as well as on any Charges due
any person, and on any documents relating thereto, which lien shall
survive delivery, for all sums due under this contract or any other
contract or undertaking to which the Merchant was party or
otherwise involved, including, but not limited to, General Average
contributions, salvage and the cost of recovering such sums,
inclusive of attorneys' fees. Such lien may be enforced by the
Carrier by public or private sale at the expense of and without
notice to the Merchant.
    
The Merchant agrees to defend, indemnify and hold the Carrier, any
Participating carrier, independent contractor, their agents and
servants, harmless from and against all liability, loss, damage or
expense which may be sustained or incurred by the Carrier relative
to the above and the Merchant agrees to submit to the jurisdiction
of any court, tribunal or other body before whom the Carrier may be
brought, whether said proceeding is of a civil or criminal nature.
   
18. RUST. It is agreed that superficial rust, oxidation or any like
condition due to moisture is not a condition of damage but is
inherent to the nature of the Goods. Acknowledgement of receipt of
the Goods in apparent good order and condition is not a
representation that such conditions of rust, oxidation or the like
did not exist on receipt.
   
19. GENERAL AVERAGE
 a) If General Average is declared, it shall be adjusted according
   to the York/Antwerp Rules of 1994 and all subsequent amendments
   thereto from time to time made, at any place at the option of any
   person entitled to declare General Average, and the Amended Jason
   Clause as approved by BIMCO is to be considered as incorporated
   herein, and the Merchant shall provide such security as may be
   required in this connection.
   
 b) Notwithstanding a) above, the Merchant shall defend, indemnify
   and hold harmless the Carrier and any Participating carrier, their
   agents and servants, in respect of any claim (and any expense
   arising therefrom) of a General Average nature which may be made
   against the Carrier and/or any Participating carrier and shall
   provide such security as may be required by the Carrier in this
   connection.
   
 c) Neither the Carrier nor any Participating carrier shall be under
   any obligation to take any steps whatsoever to post security for
   General Average or to collect security for General Average
   contributions due to the Merchant.
   
20. LIMITATION OF LIABILITY. Except as otherwise provided in this
Clause or elsewhere in this Bill of Lading, in case of any loss or
damage to or in connection with cargo exceeding in actual value the
equivalent of $500 lawful money of the United States, per package,
or in case of cargo not shipped in packages, per shipping unit, the
value of the cargo 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 rata in case of partial loss or damage, unless the nature of
the cargo and valuation higher than $500 per package or per
shipping unit shall have been declared by the Merchant before
shipment and inserted in this Bill of Lading, and extra freight
paid if required. In such case, if the actual value of the cargo
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.
    
The words "shipping unit" shall mean each physical unit (e.g.,
container, bundle, pallet, etc.) or piece of cargo not shipped in a
package, including articles or things of any description
whatsoever, except cargo shipped in bulk, and irrespective of the
weight or measurement unit employed in calculating freight and
related charges.
    
As to cargo shipped in bulk, the limitation applicable thereto
shall be the limitation provided in Section 1304(5) of COGSA, or
such other legislation, convention or law as may be compulsorily
applicable, and in no event shall anything herein be construed as a
waiver of limitation as to cargo shipped in bulk.
    
Where a Container is not stuffed by or on behalf of the Carrier or
the parties characterize the Container as a package or a lump sum
freight is assessed, in any of these events, each individual such
Container, including in each instance its contents, shall be deemed
a single package and Carrier's liability limited to $500 with
respect to each such package, except as otherwise provided in this
Clause or elsewhere in this Bill of Lading with respect to each
such package. In the event this provision should be held invalid
during that period in which compulsory legislation shall apply of
its own force and effect, such as during the tackle-to-tackle
period, it shall nevertheless apply during all non-compulsory
periods such as, but not limited to, all periods prior to loading
and subsequent to discharge from the Vessel and during the entire
time for which the Carrier remains responsible for the Goods.
Where compulsorily applicable legislation provides a limitation
less than $500 per package or shipping unit, such lesser limitation
shall apply and nothing herein contained shall be construed as a
waiver of a limitation less than $500.
    
Further, where a lesser monetary limitation is applicable, such as
during handling by a Participating carrier or independent
contractor and damage occurs during its or their period of care,
custody, control and/or responsibility, the Carrier shall be
entitled to avail itself of such lesser limitation 21. NOTICE OF
CLAIM: TIME FOR SUIT. As to any loss or damage presumed to have
occurred during the Carrier's period of responsibility, the Carrier
must be notified in writing of any such loss or damage or claim
before or at the time of discharge/removal of the Goods by the
Merchant or, if the loss or damage is not then apparent, within 3
consecutive days after discharge/delivery or the date when the
Goods should have been discharged/delivered. If not so notified,
discharge, removal or delivery, depending upon the law applicable,
shall be prima facie evidence of discharge/delivery in good order
by the Carrier of such Goods.
   
In any event, the Carrier shall be discharged from all liability of
whatsoever nature unless suit is brought within 1 year after
delivery of the Goods or the date when the Goods should have been
delivered, provided however, that if any claim should arise during
a part of the transport which is subject by applicable law and/or
tariff and/or contract to a shorter period for notice of claim or
commencement of suit, any liability whatsoever of the Carrier shall
cease unless proper claim is made in writing and suit is brought
within such shorter period.
   
Suit shall not be deemed "brought" unless jurisdiction shall have
been obtained over the Carrier by service of process or by an
agreement to appear. In the event this provision should be held
invalid during that period in which compulsory legislation shall
apply of its own force and effect, such as during the
tackle-to-tackle period, it shall nevertheless apply during all
non-compulsory periods during which the Carrier remains responsible
for the Goods.
   
22. JURISDICTION
All disputes of whatsoever nature under or in connection with this
Bill of Lading shall be determined by the [insert specific court
and location] to the exclusion of any other court PROVIDED ALWAYS
that the Carrier may in its absolute and sole discretion invoke or
voluntarily submit to the jurisdiction of any other court which,
but for the terms of this Bill of Lading, could properly assume
jurisdiction to hear and determine such disputes, but such shall
not constitute a waiver of the terms of this provision in any other
instance.
   
23. NON-WAIVER AND SEPARABILITY. Nothing in this Bill of Lading
shall operate to deprive the Carrier of any statutory protection or
any defense, immunity, exemption, limitation of or exoneration from
liability contained in the laws of the United States, or of any
other country whose laws may be compulsorily applicable. The Terms
and Conditions of this Bill of Lading (including all the terms and
conditions of the carrier's applicable tariff or tariffs,
incorporated herein by virtue of Clause 2. above) shall be
separable, and if any part or term hereof shall be held invalid,
such holding shall not affect the validity or enforceability of any
other part or term hereof.

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