RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 28FEB2025

Effective 28FEB2025
Filed 28FEB20259
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:
     
Carrier's bill of lading includes the following clauses on its front side:
  'In accepting this bill of lading, any local customs or privileges to
 the contrary notwithstanding, the shipper, consignee and owner of the
 goods and the holder of this bill of lading, agree to be bound by all the
 stipulations, exceptions and conditions stated herein whether written,
 printed, stamped or incorporated on the front or reverse side hereof, as
 fully as if they were all signed by such shipper, consignee, owner or
 holder.'  'In witness whereof three (3) bills of lading, all of the tenor
 and date have been signed, one of which being accomplished, the others to
 stand void.'  For terms and conditions of Carrier's bill of lading, as
 printed on its reverse side, please see Rule 8-010(B)(L Terms 1-15) and
 Rule 8-020(B)(L Terms 16-17). 
 
1. (Definitions)  When used in this Bill of Lading
 
(A) "Ocean Carrier" means the company named on the reverse side of this
 bill of lading, which performs sea carriage of Goods, and the vessel, her
 owner, and demise charterer, whether any of the preceding parties is
 acting as ocean carrier, non-vessel operating common carrier, or bailee
 
(B) "Inland Carrier" means carriers (other than the Ocean Carrier) by
 land, water or air, participating in combined transport of the Goods,
 whether acting as carriers or bailee
 
(C) "Combined Transport" means carriage of the Goods under this Bill of
 Lading from place of receipt from merchant to place of delivery to
 Merchant by the Ocean Carrier plus one or more Inland Carriers
 
(D) "Port-to-Port Transportation" means carriage of the Goods under this
 Bill of Lading other than combined transport
 
(E) "Merchant" includes the shipper, consignor, consignee, owner, and
 receiver of the Goods and the holder of this Bill of Lading
 
(F) "Goods" means the cargo described on the face of this Bill of Lading
 and, if the cargo is packed into container(s) supplied or furnished by or
 on behalf of the Merchant, include the container(s) as well.
 
(G) "Vessel" includes the vessel named on the face of this Bill of Lading
 and any ship, craft, lighter, barge or other means of transport that is
 substituted in whole or in part for that vessel.
 
(H) "Container" includes any containers (including an open top container)
 flat rack, platform, trailer, transportable tank, pallet or any other
 device used for transportation of goods.
 
(I) "Laden on Board" or similar words endorsed on this Bill of Lading
 means that the Goods have been loaded on board the Vessel or are in the
 custody of the Ocean Carrier, and in the event of Combined Transport if
 the originating carrier is an Inland Carrier. "On Board" means that the
 Goods have been loaded on board rail cars or other means of Inland
 carriage or are in the custody of a participating railroad or other
 Inland Carrier.
 
(J) "Subcontractor" includes stevedores, longshoremen, lighterers,
 terminal operators, warehousemen, truckers, agents, servants, and any
 person, firm, corporation or other legal entity which performs services
 incidental to the carriage of the Goods
 
(K) "United States" or "U.S." means the United States of America 
 
2. (Clause Paramount) 
 
(A) Insofar as this Bill of Lading covers carriage of Goods by water, this
 Bill of Lading shall have effect subject to the provisions of the "Hague
 Rules", namely the International Conventions for the Unification of
 Certain Rules Relating to Bills of Lading, dated at Brussels, August 25,
 1924, as amended (including, where enacted, the Protocol dated at
 Brussels, February 23, 1968, known as the Visby Rules), as enacted in the
 country of shipment. When no such enactment is in force in the country of
 shipment or is otherwise compulsorily applicable, the Hague Rules as
 enacted in the country of destination shall apply. When no such enactment
 is in force in the country of shipment or in the country of destination,
 or is otherwise compulsorily applicable, the terms of the Hague Rules as
 enacted by the Convention shall apply. 
 
(B) If this Bill of Lading covers Goods moving to or from ports of the
 United States in foreign trade, then these carriage of such goods shall
 be subject to the provisions of the United States 'Carriage of Goods by
 Sea Act, 1936, 46 U.S.C.   1300-1315 as amended (hereinafter "U.S.
 COGSA"), the terms of which shall be incorporated herein. The provisions
 of U.S. COGSA shall (except as otherwise specifically provided in this
 Bill of Lading) govern throughout the time when the Goods are in the
 custody of the Ocean Carrier and any other water carrier and as otherwise
 provided in this Bill of Lading. 
 
3. (Law and Jurisdiction)  Whenever the Carriage of Goods by Sea Act 1936
 (COGSA) of the United States of America applies, this contract is to be
 governed by United States Law. In all other cases actions against the
 Carrier may be instituted in the country where the Carrier has its
 principal place of business and shall be decided according to the law of
 such country. 
 
4. (Limitation of Liability Statutes) Nothing in this Bill of Lading shall
 operate to limit or deprive the Ocean Carrier of any statutory
 protection, exemption from, or limitation of liability authorized by the
 applicable laws, statutes, or regulations of any country. 
 
5. (Sub-Contracting: Exemptions and Immunities of Sub-contractors) 
 
(A) The Ocean Carrier shall be entitled to subcontract on any terms the
 whole or part of the handling storage, or carriage of the Goods and all
 duties whatsoever undertaken by the Ocean Carrier in relation to the
 Goods. 
 
(B) Merchant warrants that no claim shall be made against any
 subcontractor (as defined in Article 1 (J)), or subcontractor, of Ocean
 Carrier, except Inland Carriers where otherwise appropriate, and if any
 such claim should be made by any of them or any person or entity claiming
 rights through or on behalf of any of them any liability in connection
 with the Goods, and, if any such claims should nevertheless be made, to
 indemnify the Ocean Carrier against all consequences of such claims. 
 
(C) Without prejudice to the foregoing, it is expressly agreed that every
 such Subcontractor (and Subcontractor's Subcontractor) shall have the
 benefit of all provisions in this Bill of Lading for the benefit of the
 Ocean Carrier as if such provisions were expressly for the
 Subcontractor's benefit. In entering into this contract the Ocean
 Carrier, to the extent of those provisions, does so not only on its own
 behalf but also on behalf of such Subcontractors. 
 
6. (Route to Transport) 
 
(A) The Goods may, at the Ocean Carrier's absolute discretion, be carried
 as a single shipment or as several shipments by the Vessel and/or any
 other means of transport by land, water, or air and by any route
 whatsoever, whether or not such route is the direct, advertised, or
 customary route. 
 
(B) The Vessel shall have liberty to call and/or stay at any port or place
 more than once, to omit calling at any port or place whether scheduled or
 not. 
 
(C) The Vessel shall have liberty, either with or without the Goods on
 board and either before or after proceeding toward the port of discharge
 to adjust compasses and other navigational instruments, make trial trips
 or tests, dry dock, go to repair yards, shift berths, take on fuel or
 stores, embark or disembark any person, carry contraband, explosives,
 munitions, war-like stores and hazardous cargo, sail with or without
 pilots, tow or be towed, and save or attempt to save life or property. 
 
(D) If the Goods in whole or in part are for any reason not carried on the
 Vessel named in this Bill of Lading, or if loading the Goods is delayed
 or is likely to detain the Vessel, the Vessel may proceed without
 carrying or loading the Goods in whole or in part, and notice to merchant
 of such sailing is hereby waived. Ocean Carrier may forward the Goods
 under the terms of this Bill of Lading on the next available ship or at
 Ocean Carrier's option by any other means of transportation, whether by
 land, water or air. 
 
(E) At Ocean Carrier's option and without notice to Merchant, another ship
 or ships may be substituted for the Vessel named in this Bill of Lading,
 whether or not the substitute ship is owned or operated by Ocean Carrier
 or arrives or departs, or is scheduled to arrive or depart, before or
 after the Vessel named by this Bill of Lading. 
 
(F) Any action taken by the Ocean Carrier under this Article 6 shall be
 deemed to be included within the contractual carriage and such action, or
 delay resulting therefrom, shall not be considered a deviation. Should
 the Ocean Carrier be held liable in respect of such action, the Ocean
 Carrier shall be entitled to the full benefit of all privileges, rights,
 and immunities contained in this Bill of Lading. 
 
7. (Responsibility) 
 
(A) Insofar as this Bill of Lading is used for Port-to-Port Transportation
 of the Goods, the Ocean Carrier shall not be responsible for loss of or
 damage to the Goods caused before loading or after discharge "Loading"
 shall be deemed to commence with the hooking on the vessel's tackle, or
 if not using the vessel's tackle, with the receipt of the Goods on deck
 or in the hold of the Goods are in bulk liquidin the vessel's permanent
 pipe connections. "Discharge" shall be deemed to be completed when the
 Goods have been unloaded from the vessel's tackle or removed from the
 vessel's deck or passed beyond the vessel's deck or passed beyond the
 vessel's permanent pipe connections. 
 
(B) Insofar as this Bill of Lading is used for combined transport of the
 Goods, the responsibility of the Ocean Carrier and each Inland Carrier
 with respect to the Goods shall be limited to the period when the carrier
 has custody of the Goods, and no carrier, either Ocean or Inland, shall
 be responsible for any loss or damage caused while the Goods are not in
 its custody. Any claim for loss of or damage to the Goods, including loss
 of or damage resulting from delay, should be made against the carrier
 having custody of the Goods when the loss or damage or delay was caused. 
 
(C) If it is established by the Merchant that the Ocean Carrier is
 responsible for loss of or damage not in connection with the Goods, such
 responsibility, subject to the provisions of this Bill of Lading, shall
 be to the extent following but not further: (1) With respect to loss or
 damage caused during the period from the time when the Goods arrived at
 the sea terminal at the port of loading to the time when they left the
 sea terminal at the port of discharge, or caused during any previous or
 subsequent period of carriage by sea or waterways, to the extent
 prescribed by the applicable Hague Rules as provided in Article 2 (2)
 Save as indicated in (1) above, with respect to loss or damage caused
 during the handling, storage of the Goods by Ocean Carrier's
 Subcontractor, to the extent to which such Subcontractor would have been
 liable to the Merchant if he had made a direct and separate contract with
 the Merchant in respect of such handling, storage or carriage; provided,
 however, that if the Ocean Carrier is not authorized under any applicable
 laws, rules or regulations to undertake such handling, storage, or
 carriage under its own responsibility, the Ocean Carrier shall only be
 liable for procuring such handling, storage or carriage. If such
 handling, storage or carriage occurred in or between points in Europe, or
 where otherwise applicable, such liability shall be governed (a) if by
 road by the Convention on the Contract for the International Carriage of
 Goods by Road, dated 19 May, 1956 (CMR); (b) if by rail, by the
 International Convention Concerning the Carriage of Goods by Rail dated
 25 February, 1961 (CIM); (c) if by air, by the Convention for the
 Unification of Certain Rules Relating to International Carriage by Air,
 signed Warsaw 12 October, 1929, as amended by the Hague Protocol dated 28
 September, 1955 (Warsaw Convention); (d) If it is established by the
 Merchant that an Inland Carrier is responsible for loss of or damage to
 or in connection with the Goods, such responsibility shall be to the
 extent, but not further, than the Inland Carrier would have been liable
 to the Merchant if he had made a direct and separate contract with the
 Merchant in respect of handling, storage or carriage of the Goods, as
 applicable. (e) Notwithstanding foregoing Article 7 (A) or 7 (B), the
 Ocean Carrier does not undertake that the Goods shall arrive at the port
 of discharge or place of delivery at any particular time or in time to
 meet any particular market or use, and the Ocean Carrier shall not be
 responsible for any direct or indirect loss or damage that is caused
 through delay. (F) If this Bill of Lading is used for Port-to-Port
 Transportation, the column indicating final destination on the face of
 this Bill of Lading is solely for the purpose of the Merchant's
 reference, and the Ocean Carrier's responsibility for the Goods shall in
 all cases cease at the time of discharge of the Goods at the port of
 discharge. 
 
8. (Liberties) 
 
(A) In any situation whatsoever whether or not existing or anticipated
 before commencement of or during the transport, which in the judgment of
 the Ocean Carrier (including for the purpose of this Article the Master
 and any person charged with the transport or safekeeping of the Goods)
 has given or is likely to give rise to danger, injury, loss, delay, or
 disadvantage of whatsoever nature to the Vessel, the Ocean Carrier, a
 vehicle, any person, the Goods or any property, or has rendered or is
 likely to render it in any way unsafe, impracticable, unlawful, or
 against the interest of the Ocean Carrier or the Merchant to commence or
 continue the transport or to discharge the Goods at the port of discharge
 or to deliver the Goods at the place of delivery by the route and in the
 manner originally intended by the Ocean Carrier, the Ocean Carrier (1) at
 any time shall be entitled to unpack the container(s) or otherwise
 dispose of the Goods in such way as the Ocean Carrier may deem advisable
 at the risk and expense of the Merchant and/or (2) before the Goods are
 loaded on the Vessel, a vehicle, or other means of transport at the place
 of receipt or port of loading, shall be entitled to cancel the contract
 of carriage without compensation and to require the Merchant to take
 delivery of the Goods and, upon his failure to do so, to warehouse or
 place them at any place selected by the Ocean Carrier at the risk and
 expense of the Merchant and/or (3) if the Goods are at a place awaiting
 transshipment, shall be entitled to terminate the transport there and to
 store them at any place selected by the Ocean Carrier at the risk and
 expense of the Merchant, and/or (4) if the Goods are loaded on the
 Vessel, a vehicle, or other means of transport whether or not
 approaching, entering, or attempting to enter the port of discharge or to
 reach the place of delivery or attempting or commencing to discharge,
 shall be entitled to discharge the Goods or any part of them at any port
 or place selected by the Ocean Carrier or to carry them back to the port
 of loading or place of receipt and there discharge them. Any actions
 under (1) and (3) above shall constitute complete and final delivery and
 full performance of this contract, and the Ocean Carrier thereafter shall
 be free from any responsibility for carriage of the Goods. 
 
(B) If, after storage, discharge, or any actions according to subpart (A)
 above the Ocean Carrier makes arrangements to store and/or forward the
 Goods, it is agreed that he shall do so only as agent for and at the sole
 risk and expense of the Merchant without any liability whatsoever in
 respect of such agency. (B) The Merchant shall reimburse the Ocean
 Carrier forthwith upon demand for all extra freight charges and expenses
 incurred for any actions taken according to subpart (A), including delay
 or expense to the Vessel, and the Ocean Carrier shall have a lien upon
 the Goods to that extent. 
 
(C) The situations referred to in subpart (A) above shall include, but
 shall not be limited to, those caused by the existence or apprehension of
 war declared or undeclared, hostilities, riots, civil commotions, or
 other disturbances, closure of, obstacle in, or danger to any port or
 canal, blockade, prohibition, or restriction on commerce or trading
 quarantine, sanitary, or other similar regulations or restrictions,
 strikes, lockouts or other labor troubles whether partial or general and
 whether or not involving employees of the Ocean Carrier or its
 Subcontractors, congestion of port, wharf, sea terminal, or similar
 place, shortage, absence or obstacles of labor or facilities for loading,
 discharge, delivery, or other handling of the Goods, epidemics or
 diseases, bad weather, shallow water, ice, landslip, or other obstacles
 in navigation or carriage 
 
(D) The Ocean Carrier, in addition to all other liberties provided for in
 this Article, shall have liberty to comply with orders, directions,
 regulations or suggestions as to navigation or the carriage or handling
 of the Goods or the Vessel has ever given by any actual or purported
 government or public authority, or by any committee or person having
 under the terms of any insurance on the Vessel, the right to give such
 order, direction, regulation, or suggestion. If by reason of and/or in
 compliance with any such order, direction, regulation, or suggestion,
 anything is done or is not done the same shall be deemed to be included
 within the contractual carriage and shall not be a deviation. 
 
9. (Description and Particulars of Goods)  Any reference on the face of
 this Bill of Lading to marks, numbers, description, quantity, quality,
 gauge, weight, measure, nature, kind, value, and any other particulars of
 the Goods, is as furnished by the Merchant. The Ocean Carrier shall not
 be responsible for the accuracy of any such reference and is not bound
 thereby. The Merchant warrants to the Ocean Carrier that the descriptions
 and particulars furnished by him are correct, and the Merchant shall
 indemnify the Ocean Carrier against all loss, damage, expenses,
 liability, penalties and fines arising or resulting from inaccuracy of
 any description or particular. 
 
10. (Use of Container)  When the Goods are not already packed into a
 container at the time of receipt by the Ocean Carrier, the Ocean Carrier
 shall be at liberty to pack and carry the Goods in any type of container. 
 
11. (Ocean Carrier's Container) 
 
(A) The Merchant assumes full responsibility for and shall indemnify the
 Ocean Carrier against any loss of or damage to the Ocean Carrier's
 containers and other equipment if the loss or damage is caused or occurs
 while in the possession or control of the Merchant, his agents, or common
 carriers engaged by or on behalf of the Merchant 
 
(B) The Ocean Carrier shall in no event be liable for, and the Merchant
 shall indemnify and hold the Ocean Carrier harmless from, any death of or
 injuries to persons, or loss of or damage to property, caused by the
 Ocean Carrier's container or its contents while in the possession or
 control of the Merchant, his agents, or common carriers engaged by or on
 behalf of the Merchant. 
 
12. (Container Packed by Merchant) If the cargo received by the Ocean or
 Inland Carrier is in a container packed by or on behalf of the Merchant: 
 
(A) This Bill of Lading is prima facie evidence of the receipt only of the
 number on the face of this Bill of Lading. The condition and particulars
 of the contents are unknown to the Ocean and Inland Carriers, and the
 Ocean Carrier accepts no responsibility for the accuracy of the
 description of condition or particulars. 
 
(B) The Merchant warrants (1) that the stowage of the contents of the
 containers and the closing and sealing of the containers are safe and
 proper, and (2) that the containers and their contents are suitable for
 handling and carriage in accordance with the terms of this Bill of
 Lading, including Article 15. In the event of the Merchant's breach of
 any of these warranties, the Merchant and not the Ocean Carrier shall be
 responsible for, and the Merchant shall indemnify and hold Ocean Carrier
 harmless from, any resulting loss or damage to person or property
 (including the Goods) 
 
(C) The Merchant shall inspect the container when it is furnished by or on
 behalf of the Ocean Carrier, and the container shall be deemed to have
 been accepted by the Merchant as being in sound and suitable condition
 for the purpose of the transport contracted for in this Bill of Lading,
 unless the Merchant gives notice to the contrary, in writing, to the
 Ocean Carrier before the transport. 
 
(D) If the container is delivered after transport by the Ocean or Inland
 Carrier with seals intact, such delivery shall be deemed to be full and
 complete performance of the Ocean Carrier's obligations under this Bill
 of Lading, and the Ocean Carrier shall not be liable for any loss of or
 damage to the contents of the container. 
 
(E) The Ocean and Inland Carrier shall have the right to open the
 container and to inspect its contents without notice to the Merchant, at
 such time and place as the Ocean or Inland Carrier may deem necessary,
 and all expenses incurred therefrom shall be borne by the Merchant. 
 
(F) If any seal of the container is broken by customs or other authorities
 for inspection of its contents, the Ocean Carrier shall not be liable for
 any resulting loss, damage or expenses. 
 
13. (Special Carriage or Container) 
 
(A) The Ocean Carrier does not undertake to carry the Goods in
 refrigerated, heated, insulated, ventilated, or any other special hold or
 container, nor to carry any special container packed by or on behalf of
 the Merchant, but the Ocean Carrier will treat such Goods or container
 only as ordinary goods in dry container, respectively, unless: (1)
 special arrangements for the carriage of such Goods or container have
 been agreed to in writing between the Ocean Carrier and the Merchant; (2)
 such special arrangements are noted on the face of this Bill of Lading;
 and (3) special freights as required has been paid. The Ocean Carrier
 shall not be responsible for the function of a special container supplied
 by or on behalf of the Merchant. 
 
(B) The Ocean Carrier shall not be liable for any loss of or damage to
 Goods in a special hold or container arising from latent defects,
 breakdown, or stoppage of the refrigeration or heating machinery,
 insulation, ship's plant, or other such apparatus of the Vessel or
 container, provided that the Ocean Carrier shall before or at the
 beginning of the transport exercise due diligence to maintain the special
 hold or container in an efficient state. 
 
(C) If the Goods have been packed into a refrigerated container by the
 Ocean or Inland Carrier, and the particular temperature range requested
 by the Merchants is inserted in this Bill of Lading, the Ocean Carrier
 will set the thermostatic controls within the requested temperature range
 but does not guarantee the maintenance of such temperature inside the
 container. 
 
(D) If the cargo received by the Ocean or Inland Carrier is in a
 refrigerated container packed by or on behalf of the Merchant, it is the
 obligation of the Merchant to stow the contents properly and set the
 thermostatic controls exactly. The Ocean Carrier shall not be liable for
 any loss of or damage to the Goods arising out of or resulting from the
 Merchant's failure in such obligations and Ocean Carrier does not
 guarantee the maintenance of the intended temperature inside the
 container. 
 
14. (Dangerous Goods, Contraband) 
 
(A) The Ocean Carrier undertakes to carry Goods of an explosive,
 inflammable, radioactive, corrosive, damaging, poisonous, or dangerous
 nature only upon the Ocean Carrier's approval of a written application by
 the Merchant prior to the carriage of such Goods. Such application must
 accurately state the name, nature and classification of the Goods, as
 well as how they are dangerous and the method of rendering them
 innocuous, together with the full names and addresses of the shipper and
 the consignee. 
 
(B) The Merchant shall undertake that the nature and danger of such Goods
 is distinctly hand permanently marked on the outside of the package or
 container containing the Goods. 
 
(C) Merchant shall submit all documents or certificates required in
 connection with such Goods by any applicable statue or regulation or by
 the Ocean Carrier 
 
(D) Whenever the Goods are discovered to have been received by the Ocean
 or Inland Carrier without complying with subparts (A), (B) or (C) above,
 or the Goods are found to be contraband or prohibited by any law or
 regulation of any place during the transport, the Ocean Carrier shall be
 entitled to have such Goods rendered innocuous, thrown overboard,
 discharged, or otherwise disposed of at the Ocean Carrier's discretion
 without compensation, and the Merchant shall be liable for and indemnify
 the Ocean Carrier against any loss, damage or liability, including loss
 of freight, and any other expenses directly or indirectly arising out of
 custody or carriage of such Goods. 
 
(E) The Ocean Carrier can exercise the right conferred upon it under the
 preceding subparts whenever it is apprehended that Goods received in
 compliance with subparts (A), (B) and (C) above has become dangerous,
 even if not dangerous when received by the Ocean or Inland Carrier. 
 
(F) The Ocean Carrier has the right to inspect the contents of any package
 or container at any time and place without the prior notice to Merchant
 and at the risk and expense of the Merchant. 
 
15. (Stowage Under and on Deck) 
 
(A) Goods in containers, vans, trailers, or chassis may be carried under
 deck or on deck, and when such Goods are carried on deck, the Ocean
 Carrier shall not be required to specially note mark, or stamp any
 statement of "on deck stowage" on the face of this Bill of Lading, any
 custom to the contrary notwithstanding. Such on deck carriage shall not
 be considered a deviation. 
 
(B) Goods stowed in poop, forecastle, deck house, shelter deck, passenger
 space, or any other covered-in-space, or stowed in a container wherever
 placed, shall be deemed to be stowed under deck for all purposes
 including general average. 
 
(C) Lumber, earth moving equipment and all other Goods customarily or
 reasonably carried on deck may, at Ocean Carrier's option, be carried on
 deck without further notice to Merchant and without liability to the
 Ocean Carrier for the risks inherent in or incident to such carriage.
 Such on deck carriage shall not be considered a deviation. 
 
(D) In respect of Goods not in containers and carried on deck, and stated
 on this Bill of Lading to be so carried, all risks of loss or damage from
 perils inherent in or incident to the custody or carriage of such Goods
 shall be borne by the Merchant and in all other respects the Ocean
 Carrier shall have the benefit of the provisions of the applicable,
 version of the Hague Rules (including U.S. COGSA, notwithstanding Section
 1301 (c) thereof), and the terms of this Bill of Lading. 
 
16. (Live Animals and Plants)  With respect to the custody and carriage of
 live animals and plants, all risks of loss or damage by perils inherent
 in or incident to such carriage shall be borne by the Merchant, and in
 all other respects the Ocean Carrier shall have the benefit of the
 provisions of the applicable version of the Hague Rules (including U.S.
 COGSA, notwithstanding Section 1301(c) thereof), and the terms of this
 Bill of Lading. 
 
17. (Valuable Goods)  The Ocean Carrier shall not be liable to any extent
 for any loss of or damage to or in connection with precious metals,
 stones, or chemicals, jewelry, currency, negotiable instruments,
 securities, writings, documents, works of art, curios, heirlooms, or any
 other valuable goods, including goods having particular value only for
 the Merchant, unless the true nature and value of the Goods have been
 declared in writing by the Merchant before receipt of the Goods by the
 Ocean or Inland Carrier, the same is inserted on the face of this Bill of
 Lading and additional freight has been paid as required. 
 
18. (Heavy Lift) 
 
(A) The weight of a single piece or package exceeding 2,240 lbs. gross
 must be declared by the Merchant in writing before receipt by the Ocean
 or Inland Carrier and must be marked clearly and durably on the outside
 of the piece or package in letters and figures not less than two inches
 high. 
 
(B) If the Merchant fails in his obligations under the preceding subpart
 (1) the Ocean Carrier shall not be responsible for any loss of or damage
 to in connection with the Goods, (2) The Merchant shall be liable for
 resulting loss of or damage to any person or property, and (3) Merchant
 shall indemnify the Ocean Carrier against any resulting loss, damage, or
 liability suffered by the Ocean Carrier. 
 
19. (Delivery by Marks) 
 
(A) The Ocean Carrier shall not be liable for failure or delaying delivery
 in accordance with marks, unless such marks have been clearly and durably
 stamped or marked upon the Goods, package, or container by the Merchant
 before they are received by the Ocean or Inland Carrier, in letters and
 numbers not less than two inches high, together with the names of the
 port of discharge and place of delivery. 
 
(B) In no circumstances shall the Ocean Carrier be responsible for
 delivery in accordance with other than leading marks. 
 
(C) The Merchant warrants that the marks on the Goods, packages and
 containers correspond to the marks shown on this Bill of Lading and also
 in all respects comply with all laws and regulations in force at the port
 of discharge or place of delivery. The Merchant shall indemnify the Ocean
 Carrier against all loss, damage or expenses resulting from inaccuracy or
 incompleteness of the marks.
 
(D) Goods that cannot be identified as to marks or numbers, cargo sweeping
 liquid residue and any unclaimed goods not otherwise accounted for may be
 allocated for the purpose of completing delivery to the various Merchants
 of Goods of like character in proportion to any apparent shortage, loss
 of weight or damage. 
 
20. (Delivery) 
 
(A) The Ocean Carrier shall have the right to deliver the Goods at any
 time at the Vessels side, customhouse, warehouse, wharf, or any other
 place designated by the Ocean Carrier, within the geographic limits of
 the port of discharge or place of delivery shown on the face of this Bill
 of Lading 
 
(B) The Ocean Carrier's responsibility shall cease when the Goods have
 been delivered to the Merchant Inland Carrier connecting carrier or any
 other person entitled to receive the Goods on Merchant's behalf at the
 place designated by the Ocean Carrier Delivery of the Goods to the
 custody of customs or any other public authority shall constitute final
 discharge of the Ocean Carrier's responsibility. 
 
(C) In case the cargo received by the Ocean Carrier is containers packed
 by or on behalf of the Merchant (1) The Ocean Carrier shall only be
 responsible for delivery of the total number of containers received (2)
 The Ocean Carrier shall not be required to unpack the containers and
 deliver their contents in accordance with brands, marks, numbers sizes or
 types of items or pieces (3) At the Ocean Carrier's discretion and upon
 the Merchant's request in writing to the Ocean Carrier at least 3 days
 prior to the scheduled date of arrival of the Vessel at the port of
 discharge containers may be unpacked and their contents delivered by the
 Ocean Carrier in accordance with the written request. In such a case if
 the seal of the containers is intact at the time of unpacking all the
 Ocean Carrier's obligations under this Bill of Lading shall be deemed to
 have been discharged the Ocean Carrier shall not be responsible for any
 loss or damage resulting from such delivery and the Merchants shall be
 liable for an appropriate adjustment of the freight and any additional
 charges incurred. 
 
(D) If the Goods have been packed into a container by the Ocean Carrier it
 shall unpack the container and deliver its contents, and the Ocean
 Carrier shall not be required to deliver the Goods in the container. At
 the Ocean Carrier's discretion, and subject to prior arrangement between
 the Merchant and the Ocean Carrier the Goods may be delivered to Merchant
 in the container, in which case if the container is delivered with seals
 intact all the Ocean Carrier's obligations under this Bill of Lading
 shall be deemed to have been discharged, and the Ocean Carrier shall not
 be responsible for any loss or damage to the contents of the container. 
 
(E) Optional delivery shall be granted only when arranged prior to the
 time of receipt of the Goods by Ocean Carrier and if expressly stated on
 the face of this Bill of Lading. The Merchant desiring to avail himself
 of the option so expressed must give notice in writing to the Ocean
 Carrier at the first port of call named in the option at least 48 hours
 prior to the Vessel's arrival there, otherwise the Goods shall be landed
 at any of the optional ports at Ocean Carrier's option, and the Ocean
 Carrier's responsibility shall then cease. 
 
(F) Ocean Carrier is not responsible to give notification, in writing or
 otherwise, either to Merchant or others, of the arrival, discharge, or
 disposition of Goods, any custom or agreement to the contrary
 notwithstanding, and notwithstanding any notation on the face of this
 Bill of Lading, concerning notification or a notify party. 
 
21. (On-Carriage and Forwarding) 
 
(A) Whether arranged beforehand or not, the Ocean Carrier shall be at
 liberty without notice to carry the Goods wholly or partly by the named
 or any other Vessel, craft barge, or other means of transport by water,
 land or air, whether or not owned or operated by the Ocean Carrier. 
 
(B) The Ocean Carrier may under any circumstances whatsoever discharge the
 Goods or any part of them at any port or place and store them afloat or
 ashore and then forward them by any means of transport. 
 
(C) If the Goods cannot be found at the port of discharge or place of
 delivery, or if they be miscarried, they, when found, may be forwarded to
 their intended port of discharge or place of delivery at the Ocean
 Carrier's expense, but the Ocean Carrier shall not be liable for any
 loss, damage, delay, or depreciation arising from such forwarding. 
 
(D) In case of Port-to-Port Transportation, on-carriage of cargo by the
 underlying water carrier, or receipt of cargo from ports or inland points
 not including within the ship's itinerary or the Ocean Carrier's service,
 is to be at the sole risk and expense of the Merchant, and neither the
 Ocean Carrier nor its Vessel shall be deemed to be the agent or principal
 of a prior or subsequent carrier notwithstanding the issuance by the
 Ocean Carrier of a Bill of Lading, receipt, or other shipping document at
 a time or place prior to that at which the Goods are received by the
 Ocean Carrier. 
 
22. (Fire)  The Ocean Carrier shall not be responsible for any loss of or
 damage to the Goods arising from or occurring at any time, even though
 before loading on or after discharge from the Vessel, unless caused by
 the actual fault or privity of the Ocean Carrier. 
 
23. (Lien) 
 
(A) The Ocean Carrier shall have a lien on the Goods, which shall survive
 delivery, for all freight, dead freight, demurrage, damages, loss,
 charges, expenses, and any other sums (including costs, customs fees,
 attorney fees, and other fees) for recovering the amounts chargeable to
 the Merchant under this Bill of Lading and any preliminary contract for
 custody or carriage of the Goods. Ocean Carrier may foreclose the lien by
 selling the Goods without notice to the Merchant privately or by public
 auction. If on sale of the Goods the proceeds fail to cover the amount
 due and the costs and fees incurred, the Ocean Carrier shall be entitled
 to recover the deficit from the Merchant.
 
(B) If the Goods are unclaimed during a reasonable time, or whenever in
 the Ocean Carrier's opinion the Goods will become deteriorated, decayed
 or worthless, the Ocean Carrier (without responsibility to it) may at its
 discretion and subject to its lien, sell, abandon, or otherwise dispose
 of such Goods at the sole risk and expense of the Merchant.  24 (Freight
 and Charges) 
 
(A) Freight may be calculated on the basis of the particulars of the Goods
 furnished by the Merchant, who shall be deemed to have guaranteed to the
 Ocean Carrier the accuracy of the contents, weight, measure, or value as
 furnished by him at the time of receipt of the Goods by the Ocean or
 Inland Carrier, but the Ocean Carrier for the purpose of ascertaining the
 actual particulars may at any time and at the risk and expense of the
 Merchant open the container or package and examine contents, weight,
 measure, and value of the Goods. In case of incorrect declaration of the
 contents, weight, measure and/or value of the Goods, the Merchant shall
 be liable for an amount equal to pay to the Ocean Carrier (1) the balance
 of freight between the freight charged and that which would have been due
 had the correct details been given, plus (2) expenses incurred in
 determining the correct details, plus (3) as liquidated and ascertained
 damages, an additional sum equal to the correct freight. 
 
(B) Full freight to the port of discharge or place of delivery shall be
 considered as completely earned on receipt of the Goods by the Ocean
 Carrier, whether the freight be stated or intended to be prepaid or to be
 collected at destination. The Ocean Carrier shall be entitled to all
 freight and other charges due hereunder, whether actually paid or not and
 to receive and retain such freight and charges under any circumstances,
 whether the Vessel and/or the Goods be lost or not, or the voyage be
 broken up, frustrated, or abandoned at any stage of the entire transit.
 Full freight shall be paid on damaged or unsound Goods. 
 
(C) The Payment of freight and/or charges shall be made in full and in
 cash without any offset, counter claim, or deduction. Where freight is
 payable at the port of discharge or place of delivery, such freight and
 all other charges shall be paid in the currency named in this Bill of
 Lading, or, at Ocean Carrier's option, in other currency subject to the
 regulators of the freight conference concerned, if any, or custom at the
 place of payment.
 
(D) Goods once received by the Ocean Carrier cannot be taken away or
 disposed of by the Merchant except upon the Ocean Carrier's consent and
 after payment of full freight and compensation for any loss sustained by
 the Ocean Carrier through such taking away or disposal. 
 
(E) If the Goods are not available when the Vessel is ready to load: (1)
 The Ocean Carrier is relieved of any obligation to load such Goods and
 the Vessel may leave the port without further notice. (2) Unless the
 unavailability arises in the course of combined transport and is caused
 by the failure of an Inland Carrier to perform its obligations under this
 Bill of Lading, dead freight shall be paid by the Merchant. 
 
(F) The Merchant shall be liable for and shall indemnify the Ocean Carrier
 against: (1) all dues, duties, taxes, consular fees, and other charges
 levied on the Goods, and (2) all fines, damages and losses sustained by
 the Ocean Carrier in connection with Goods, however caused, including the
 Merchant's failure to comply with laws and regulations of any public
 authority in connection with the Goods, or failure to procure consular,
 Board of Health, or other certificates to accompany the Goods. The
 Merchant shall be liable for return freight and charges on any Goods
 refused exportation or importation by any public authority. 
 
(G) If the Ocean Carrier is of the opinion that the Goods are in need of
 sorting, inspecting, mending, repairing, or reconditioning, or otherwise
 require protecting or caring for, the Ocean Carrier at its discretion
 may, by itself or through Subcontractors, and as agent for the Merchant,
 carry out such work at the risk and expense of the Merchant. 
 
(H) The shipper, consignor, consignee, owner of the Goods and holder of
 this Bill of Lading shall be jointly and severally liable to the Ocean
 Carrier for the payment of all freight and charges and for the
 performance of the obligations of any of them under this Bill of Lading. 
 
25. (Notice of Claim and Time for Suit against Ocean Carrier) 
 
(A) Unless notice of loss or damage and the general nature of such loss or
 damage be given in writing to the Ocean Carrier at the port of discharge
 or place of delivery before or at the time of delivery of the Goods or,
 if the loss or damage is not apparent, within 3 days after delivery, the
 Goods shall be deemed to have been delivered as described in this Bill of
 Lading. 
 
(B) The Ocean Carrier shall be discharged from all liability in respect of
 the Goods, including without limitation non-delivery, misdelivery, delay,
 loss, or damage, unless suit has been brought within one year after
 delivery of the Goods or the date when the Goods should have been
 delivered. Suit shall not be considered to have been "brought" within the
 time specified unless process shall have been served and jurisdiction
 obtained over the Ocean Carrier within such time. 
 
26. (Limitation of Liability) 
 
(A) Subject to subpart (B) below for the purpose of determining the extent
 of the Ocean Carrier's liability for loss of or damage to the Goods, the
 Merchant agrees that the value of the Goods is the Merchant's net invoice
 cost, plus freight and insurance premium, if paid. The Ocean Carrier
 shall not be liable for any loss or profit or any consequential loss.
 
(B) Insofar as the loss of or damage to or in connection with the Goods
 was caused during the part of the custody or carriage to which the
 applicable version of the Hague Rules applies: (1) The Ocean Carrier
 shall not be liable for loss or damage in an amount exceeding the minimum
 allowable per package or unit in the applicable version of the Hague
 Rules, which when U.S. COGSA is applicable is an amount not exceeding
 U.S. $500 per package or customary freight unit, unless the value (and
 nature) of Goods higher than this amount has been declared in writing by
 the Merchant before receipt of the Goods by the Ocean Carrier and
 inserted on the face of this Bill of Lading and extra freight has been
 paid as required. If the actual value of the Goods per package or unit
 exceeds such declared value, the value shall nevertheless be deemed to be
 the declared value, and the Ocean Carrier's liability, if any, shall not
 exceed the declared value. Any partial loss or damage shall be adjusted
 pro rata on the basis of such declared value. If the declared value has
 been willfully misstated or is markedly higher than the actual value, the
 Ocean Carrier shall not be liable to pay any compensation. 
 
26. Where the cargo has been packed into a container unitized into a
 similar article of transport by or on behalf of the Merchant, it is
 expressly agreed the number of such containers or similar articles of
 transport shown on the face of this Bill of Lading shall be considered as
 the number of the packages or units for the purpose of the application of
 the limitation of liability provided for in this Article. 
 
27. (General Average; New Jason Clause) 
 
(A) General average shall be adjusted, stated and settled at any port or
 place as the Ocean Carrier's option and according to the York-Antwerp
 Rules, 1994 and as to matters not provided for by these Rules, according
 to the laws and usages of the port or place of adjustment and in the
 currency selected by the Ocean Carrier. The general average statement
 shall be prepared by the adjusters appointed by the Ocean Carrier.
 Average agreement or bond and such cash deposit as the Ocean Carrier may
 deem sufficient to cover the estimated contribution of the Goods and any
 salvage and special charges thereon and any other additional securities
 as the Ocean carrier may require shall be furnished by the Merchant to
 the Ocean Carrier before delivery of the Goods. 
 
(B) In the event of accident, danger, damage, or disaster before or after
 commencement of the voyage, resulting from any cause whatsoever, whether
 due to negligence or not for which or for the consequence of which the
 Ocean Carrier isn't responsible by statue, contract, or otherwise, the
 Goods and the Merchant shall jointly and severally contribute with the
 Ocean Carrier in general average to the payment of any sacrifices, loss,
 or expenses of a general average nature that may be made or incurred, and
 shall pay salvage and special charges incurred in respect of the Goods.
 If a salvage ship is owned or operated by the Ocean Carrier, salvage
 shall be paid for as fully and in the same manner as if such salvaging
 ship belonged to strangers. 
 
28. (Both to Blame Collision)  If the Vessel comes into collision with
 another ship as a result of the negligence of the other ship and any act,
 neglect, or default of the Master, mariner, pilot, or servants of the
 owner of the Vessel in the navigation or in the management of the Vessel,
 the Merchant shall indemnify the Ocean Carrier against all loss or
 liability which might be incurred directly or indirectly to the other or
 non-carrying ship or her owners insofar as such loss or liability
 represents loss of or damage to his Goods or any claim whatsoever of the
 Merchant paid or payable by the other or non-carrying ship or her owners
 to the Merchant and set-off, recouped, or recovered by the other or
 non-carrying ship or her owners as part of their claim against the
 carrying Vessel or its owner. The foregoing provisions shall 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 contact stranding or other accident. 
 
29. (Carriage of Metal Products, Lumber, Cotton) 
 
(A) The term "apparent good order and condition" when used in this Bill of
 Lading does not mean: (1) with reference to iron, steel, or metal
 products, that the Goods when received were free from visible rust or
 moisture. (2) with reference to lumber, timber, plywood, or other wood
 products, that the Goods when received were free from visible stains,
 discoloration, moisture, shakes, holes, chafage, breakage or splitting.
 If the Merchant so requests a substitute Bill of Lading will be issued
 setting forth any notations as to the foregoing that may appear on the
 mate's or tally clerk's receipt or similar document. 
 
(B) Description of the condition of cotton cargo does not relate to the
 sufficiency or not or condition of the covering nor to any damage,
 resulting therefrom. Ocean Carrier shall not be responsible for any such
 damage. 
 
30. (Grain)  Discharge of grain received by the Ocean Carrier in bulk may
 be in port, on barges, and/or lighters, or elsewhere, using or not using
 elevators, and such discharge shall constitute a sufficient delivery by
 the Carrier. Thereafter said grain shall be at the risk and expense of
 the Merchant. 
 
31. (Intermodal Transportation) 
 
(A) This Bill of Lading may be issued for Intermodal Transportation in any
 country. When so issued as between the Merchant and an Inland Carrier
 custody and carriage of the Goods by the Inland Carrier are subject to
 the relevant laws, regulations, tariffs and Bill of Lading are available
 from the Ocean or Inland Carrier upon request. 
 
(B) Claims by the Merchant against an Inland Carrier for loss or damage
 shall be given and suit commenced as provided in the Inland Carrier's
 applicable Bill of Lading. 
 
32. (Ocean Carrier's Tariff)  This Bill of Lading is subject to the Ocean
 Carrier's applicable tariff. Copies of the applicable tariff are
 obtainable from the Ocean Carrier upon request. 
 
33. (Severability of Terms)  The terms of this Bill of Lading are
 severable and if any part or term is declared invalid or unenforceable,
 the validity or enforceability of any other part or term shall not be
 affected. 
 
34. (Himalaya Clause)  All exceptions, exemptions defenses immunities,
 limitations on liability, privileges and conditions granted or provided
 by this Bill of Lading or by applicable tariff or by statue or for the
 benefit of the Carrier shall also apply to and for the benefit of all the
 officers and employees of the Carrier and the agents, officers and crew
 of the Vessel and to and for the benefit of all parties performing
 services in connection with the Goods as agents or contractors of the
 Carrier (including, without limitation, stevedores, terminal operators
 and agents) and the employees of each them.

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