RULE: 8 - BILL(s) OF LADING Eff: 03JUN2003
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Effective |
03JUN2003 |
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Filed |
03JUN2003 |
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Filing Codes |
I |
All property to be transported shall be held, carried and
delivered subject to the provisions of the Carrier's
applicable form of Bill of Lading as follows:
TERMS AND CONDITIONS
1. DEFINITIONS
"Carrier" means the Company stated on the front of this
Bill of Lading as being the Carrier and on whose
behalf this Bill of Lading has been signed.
"Merchant" includes the shipper, the consignee, the
receiver of the Goods, the holder of this Bill of
Lading, any person owning or entitled to the
possession of the Goods or this Bill of Lading. Any
person having a present or future interest in the
Goods or any person acting on behalf of any of the
above mentioned persons.
"Goods" includes the cargo supplied by the Merchant and
includes any Container not supplied by or on behalf of
the Carrier.
"Container" includes any container trailer,
transportable tank, lift van, flat, pallet or any
similar article of transport used to consolidate
goods.
"Carriage" means the whole of the operations and
services undertaken or performed by or on behalf of
the Carrier in respect of the Goods.
"Combined Transport" arises where the Carriage called
for by this Bill of Lading is not Port to Port.
"Port to Port Shipment" arises where
the Place of Receipt and the Place of Delivery are not
indicated on the front of this Bill of Lading or if
both the Place of Receipt and the Place of Delivery
indicated are ports and the Bill of Lading does not in
the nomination of the place of Receipt or the Place of
Delivery on the front hereof specify any place or spot
within the area of the port so nominated.
"Hague Rules" means the provisions of the international
Covention for Unification of certain Rules relating to
Bills of Lading signed at Brussels on 25th August
1924.
"Hague-Visby Rules" means the Hauge Rules as amended by
the protocol signed at Brussel's on 23rd February
1968.
"COGSA" means the carriage of Goods by Sea Act of the
United States of America approved on 16th April 1936.
"COGWA" means the Carriage of Goods by Water Act 1936
of Canada.
"Charges includes freight and all expenses and money
obligations incurred and payable by the Merchant.
"Shipping Unit" includes freight unit and the term
"unit" as used in the Hague Rules and Hague Visby
Rules.
"Person" includes an individual, a partnership, a body
corporate or other entity.
"Stuffed" includes filled, consolidated, packed, loaded
or secured.
2. CARRIER'S TARIFF
The provisions of the Carrier's applicable Tariff, if
any, are incorporated herein. Copies of such provisions
are obtainable from the Carrier or his agents upon
request or where applicable, from a government body
with whom the Tariff has been filed in the case of
inconsistency between this Bill of Lading and the
applicable Tariff, this Bill of Lading shall prevail.
3. WARRANTY
The Merchant warrants that in agreeing to the terms
hereof he is or is the agent of and has the authority of
the person owning or entitled to the possession of the
goods or any person who has a present or future interest
in the Goods.
4. NEGOTIABILITY AND TITLE TO THE GOODS
(1) This Bill of Lading shall be non-negotiable unless
made out to "to order" in which event it shall be
negotiable and shall constitute title to the Goods
and the holder shall be entitled to receive or to
transfer the Goods herein described.
(2) This Bill of Lading shall be prima facie evidence of
the taking in charge by the Carrier of the Goods as
herein described. However, proof to the contrary
shall not be admissible when this Bill of Lading has
been negotiated or transferred for valuable
consideration to a third party acting in good faith.
5. CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER
PERSONS
(1) The Carrier shall be entitled to sub-contract on any
terms the whole or any part of the Carriage.
(2) The Merchant undertakes that no claim or allegation
shall be made against any person or vessel
whatsoever, other than the Carrier, including, but
not limited to the Carrier's servants or agents, any
independent contractor and his servants or agents,
and all others by whom the whole or any Part of the
Carriage, whether directly or indirectly, is
procured, performed or undertaken, which imposes or
attempts to impose upon any such person or vessel
any liability whatsoever in connection with the Goods
or the Carriage, and if any claim or allegation
should nevertheless be made to defend, indemnity and
hold harmless the carrier against all consequences
thereof. Without prejudice to the foregoing every
such person and shall have the benefit of all
provisions herein benefiting the carrier as it such
provisions were expressly for his benefit and in
entering into this contract the carrier, to the
extent of these provisions, does so not only on his
own behalf but also as agent or trustee for such
persons and vessels and such persons and vessels
shall to this extent be or be deemed to be parties to
this contract.
(3) The Merchant shall defend, indemnify and hold
harmless the Carrier against any claim or liability
and any expense arising therefrom arising from the
Carriage of the Goods insofar as such claim or
liability exceeds the carrier's liability under this
Bill of Lading.
(4) The defences and limits of liability provided for in
this Bill of Lading shall apply in any action against
the carrier whether the action be found in contract
or in Tort.
6. CARRIER'S RESPONSIBILITY
(1) CLAUSE PARAMOUNT
(A) Subject to clause 13 below, this Bill of Lading
insofar as it relates to see carriage by any
vessel whether named herein or not shall have
effect subject to the Hague rules or any
legislation making such rules or the Hague Visby
Rules compulsonly applicable (such as COGSA or
COGWA) to this Bill of Lading and the provisions
of the Hague Rules or applicable legislation
shall be deemed incorporated herein. The Hague
Rules (or COGSA or COGWA if this Bill of Lading
is subject to U.S. or Canadian law respectively)
shall apply to the carriage of Goods by inland
waterways and reference to carriage by sea in
such Rules or legslation shall be deemed to
include reference to inland waterways. If and to
the extent that the provisions of the Harter Act
of the United States of America 1893 would
otherwise be compulsorily applicable to regulate
the carrier's responsibility for the Goods during
any period prior to loading on or after discharge
from the vessel the Carrier's responsibility
shall instead by determined by the provisions of
6(3) below but if such provisions are found to be
invalid such responsibility shall be subject to
COGSA.
(B) The Carrier shall be entitled to (and nothing
in this Bill of Lading shall operate to deprive
of limit such entitlement) the full benefit of,
and rights to, all limitations of and exclusions
from liability and all rights conferred or
authorized by any applicable law, statute or
regulation of any country (including, but not
limited to, where applicable, any provisions or
sections 4281 to 4287, inclusive of the revised
statutes of the United States of America and
amendments thereto and where applicable any
provisions of the laws of the United States of
America) and without prejudice to the generality
of the foregoing also any law, statute or
regulation available to the Owner of the
vessel(s) on which the goods are carried.
(2) PORT TO PORT SHIPMENT
The responsiblity of the Carrier is limited to that
part of the Carriage from and during loading onto
the vessel up to and during discharge from the
vessel and the Carrier shall not be liable for any
loss or damage whatsoever in respect of the Goods or
for any other matter arising during any other part
of the Carriage even though Charges for the whole
Carriage have been charged by the Carrier. The
Merchant constitutes the Carrier as agent to enter
into contracts on behalf of the Merchant with others
for transport, storage, handling or any other
services in respect of the goods prior to loading
and subsequent to discharge of the Goods from the
vessel without responsibility for any act or
omission whatsoever on the part of the Carrier or
others and the Carrier may as such agent enter into
contracts with others on any terms whatsoever
including terms less favourable than the terms in
this Bill of Lading.
(3) COMBINED TRANSPORT
Save as is otherwise provided in this Bill of Lading,
the Carrier shall be liable for loss of or damage to
the goods occurring from the time that the Goods are
taken into his charge until the time of delivery to
the extent set out below.
(A) Where the stage of Carriage where the loss or
damages occurred cannot be proved.
(I) The Carrier shall be entitled to rely upon
all exclusions of liability under the
Rules or legislation that would have been
applied under 6(1)(A) above had the loss
or damage occurred at sea or if there was
no carriage by sea, under the Hague Rules
(or COGSA or COGWA if this Bill of Lading
is subject to U.S. or Canadian law
respectively).
(II) Where under (I) above, the Carrier is not
liable in respect of some of the factors
causing the loss or damage, he shall only
be liable to the extent that those factors
for which he is liable have contributed to
the loss or damage.
(III) Subject to 6(4)(C) below, where the Hague
Rules or any legislation applying such
Rules or the Hague-Visby Rules (such as
COGSA or COGWA) is not compulsorily
applicable, the Carrier's liability shall
not exceed US$500 per package or shipping
unit or US$2.00 per kilo of the gross
weight of the goods lost, damaged or in
respect of which the claim arises or the
value of the such goods, whichever is
less.
(IV) The value of the Goods shall be
determined according to the commodity
exchange price at the place and time
of delivery to the Merchant or at the
place and time when they should have
been so delivered or if there is no such
price according to the current market
price by reference to the normal value of
Goods of the same kind and quality, at
such place and time.
(B) Where the stage of Carriage where the loss or
damage occurred can be proved.
(I) the liability of the carrier shall be
determined by the provisions contained in
any international convention or national
law of the country which provisions
(a) cannot be departed from by private
contract to the detriment of the
Merchant and
(b) would have applied if the Merchant had
made a separate and direct contract
with the Carrier in respect of the
particular stage of Carriage where the
loss or damage occurred and had
received as evidence thereof any
paricular document which must be
issued in order to make such
international convention or national
law applicable.
(II) with respect to the transportation in the
United States of America or in Canada to
the Port of Loading or from the Port of
Discharge, the responsibility of the
Carrier shall be to procure transportation
by carriers (one or more) and such
transportation shall be subject to the
inland carriers, contracts of carriage and
tariffs and any law compulsorily
applicable. The Carrier guarantees the
fulfilment of such inland carriers
obligations under their contracts and
tariffs:
(III) Where neither (I) or (II) above apply any
liability of the carrier shall be
determined by 6(3)(A) above.
(4) GENERAL PROVISIONS
(A) Delay, Consequential Loss
Save as otherwise provided herein the Carrier
shall in no circumstances be liable for direct,
indirect or consequential loss or damage caused
by delay or any other cause whatsoever and
howsoever caused. Without prejudice to the
foregoing if the carrier is found liable for
delay, liability shall be limited to the
freight applicable to the relevant stage of the
transport.
(B) Package or Shipping Unit Limitation
Where the Hague Rules or any legislation making
such rules compulsorily applicable (such as COGSA
or COGWA) to this Bill of Lading apply, the
Carrier shall not, unless a declared value has
been noted in accordance with (C) below, be or
become liable for any loss or damage to or in
connection with the Goods in an amount per
package or shipping unit in excess of the
package or shipping unit limitation as laid
down by such Rules or legislation. Such
limitation amount according to COGSA is US$500
and according to COGWA is CAN$500. If no
limitation amount is applicable under such
Rules or legislation the limitation shall be
US$500.
(C) Ad Valorem: Declared Value of Package or Sipping
Unit
The Carrier's liability may be increased to a
higher value by a declaration in writing of the
value of the Goods by the Shipper upon delivery
to the Carrier of the Goods for shipment, such
higher value being inserted on the front of this
Bill of Lading in the space provided and, if
required by the Carrier, extra freight paid. In
such case if the actual value of the Goods shall
exceed such declared value, the value shall
nevertheless be deemed to be the declared value
and the carrier's liability if any, shall not
exceed the declared value and any partial loss or
damage shall be adjusted pro rata on the basis of
such declared value.
(D) Definition of Package or Shipping Unit
Where a Container is used to consolidate Goods
and such Container is stuffed by the Carrier, the
number of packages or shipping units stated on
the face of this Bill of Lading in the box
provided, shall be deemed the number of packages
or shipping units for the purpose of any limit
of liability per package or shipping unit
provided in any international convention or
national law relating to the carriage of Goods by
Sea. Except as aforesaid the container shall be
considered the package or shipping unit. The
words "shipping unit" shall mean each physical
unit or piece of cargo not shipped in a package
including articles or things of any description
whatsoever, except Goods shipped in bulk and
irrespective of the weight or measurement unit
employed in calculating freight charges. As to
goods shipped in bulk the limitation applicable
thereto shall be the limitation provided in such
convention or law which may be applicable and in
no event shall anything herein be construed to
be a waiver of limitation as to goods shipped in
bulk.
(E) Rust, etc.
It is agreed that superficial rust, oxidation or
any like condition due to moisture is not a
condition of damage but is inherent to the nature
of the Goods and acknowlegement of receipt of the
Goods in apparent good order and condition is not
a representation that such conditions of rust,
oxidation or the like did not exist on receipt.
(F) Notice of Loss or Damage
The Carrier shall be deemed prima facie to have
delivered the Goods as described in this Bill of
Lading unless notice of loss of or damage to,
the Goods indicating the general nature of such
loss or damage, shall have been given in writing
to the carrier or to his representative at the
place of delivery before or at the time of
removal of the goods into the custody of the
person entitled to delivery thereof under this
Bill of Lading or, if the loss or damage is not
apparent, within three consecutive days
thereafter.
(G) Time-bar
The Carrier shall be discharged of all liability
unless suit is brought in the proper forum and
written notice thereof received by the Carrier
within nine months after delivery of the Goods or
the day when the Goods should have been
delivered. In the event that such time period
shall be found contrary to any convention or
law compulsorily applicable. The period
prescribed by such convention or law shall then
apply but in that circumstance only.
7. MERCHANT'S RESPONSIBILITY
(1) The description and particulars of the Goods set out
on the face hereof are furnished by the merchant and
the Merchant warrants to the Carrier that the
description and particulars including, but not
limited to, of weight, content, measure, quantity,
quality, condition, marks, numbers and value are
correct.
(2) The Merchant shall comply 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 therof or by reason of any
illegal, incorrect or insufficient marking,
numbering or addressing of the goods.
(3) The Merchant undertakes 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.
(4) 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 express consent in
writing and without the Container or other covering
in which the Goods are to be transported and the
Goods being distinctly marked on the outside so as
to indicate the nature and character or 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.
(5) The Merchant shall be liable for the loss, damage,
contamination, soiling, detention or 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) referred to in 5(2) above caused by the
Merchant or any person acting on his behalf or for
which the merchant is otherwise responsible.
(6) The Merchant shall defend, indemnify and hold
harmless the Carrier against any loss, damage,
claim, liability or expense whatsoever arising from
any breach of the provisions of this clause 7 or
from any clause in connection with the Goods for
which the Carrier is not responsible.
8. CONTAINERS
(1) Goods may be stuffed by the Carrier in or on
Containers and Goods may be stuffed with other
Goods.
(2) The terms of this Bill of Lading shall govern the
responsibility of the Carrier in connection with or
arising out of the supply of a Container to the
Merchant, whether supplied before or after the Goods
are received by the carrier or delivered to the
Merchant.
(3) If a Container has been stuffed by or on behalf of
the Merchant.
(A) the Carrier shall not be liable for loss of or
damage to the Goods.
(i) caused by the manner in which the
Container has been stuffed:
(ii) caused by the unsuitability of the goods
for carriage in containers:
(iii) caused by the unsuitability or defective
condition of the Container provided that
where the container has been supplied by
or on behalf of the Carrier, this
paragraph (iii) shall only apply if the
unsuitability or defective condition
arose
(a) without any want of due diligence on
the part of the carrier or
(b) would have been apparent upon
reasonable inspection by the
merchant at or prior to the time when
the container was stuffed:
(iv) If the container is not sealed at the
commencement of the carriage except where
the Carrier has agreed to seal the
container.
(B) The Merchant shall defend, indemnify and hold
harmless the Carrier against any loss, damage,
claim, liability or expense whatsoever arising
from one or more of the matters covered by (A)
above except for (A)(iii) above
(4) Where the Carrier is instructed to provide a
Container in the absence of a written request to the
contrary, the Carrier is not under an obligation to
provide a Container of any particular type or
quality.
9. TEMPERATURE CONTROLLED CARGO
(1) The Merchant undertakes not to tender for
transportation any Goods which require temperature
control without previously giving written notice (and
filing in the box on the front of this Bill of Lading
if this Bill of Lading if this Bill of Lading has
been prepared by the Merchant or a person acting on
his behalf) of their nature and paricular temperature
range to be maintained and in the case of a
temperature controlled Container stuffed by or on
behalf of the Merchant further undertakes that the
Container has been properly pre-cooled, that the
goods have been properly stuffed in the Container and
that its thermostatic controls have been property set
by the Merchant before receipt of the goods by the
carrier. If the above requirements are not complied
with the Carrier shall not be liable for any loss
of or damage to the goods caused by such
non-compliance.
(2) The Carrier shall not be liable for any loss of or
damage to the goods arising from defects,
derangement, breakdown, stoppage of the temperature
controlling machinery, pland insulation or any
apparatus of the Container, provided that the Carrier
shall before or at the beginning of the Carriage
exercise due diligence to maintain the refrigerated
Container in an efficient state.
10. INSPECTION OF GOODS
The Carrier or any person authorized by the Carrier
shall be entitled, but under no obligation, to open any
Container or package at any time and to inspect the
Goods.
11. MATTERS AFFECTING PERFORMANCE
(1) If at any time the Carriage is or is likely to be
affected by any hindrance, risk, delay, difficulty
or disadvantage of any kind (including the
condition of the goods). Whensover and howsoever
arising (whether or not the carriage has commenced)
the Carrier may:
(A) without notice to the merchant abandon the
Carriage of the Goods and where reasonably
possible place the goods or any part of them
at the Merchant's disposal at any place which
the Carrier may deem safe and convenient,
whereupon the responsibility of the Carrier in
respect to such goods shall cease.
(B) without prejudice to the Carrier's right
subsequently to abandon the carriage under
(A) above continue the Carriage. In any
event, the Carrier shall be entitled to full
charges on goods received for carriage and the
merchant shall pay any additional costs
resulting from the above mentioned
circumstances.
(2) The liability of the Carrier in respet of the
Goods shall cease on the delivery or other
disposition of the Goods in accordance with the
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.
12. METHODS AND ROUTE OF TRANSPORTATION
(1) The carrier may at any time and without notice to
the merchant use any means of transport or storage
whatsoever: load or carry the Goods on any vessel
whether named on the front hereof or not, transfer
the Goods from one conveyance to another including
transshipping or carrying the same on another vessel
than that named on the front hereof or by any other
means of tranport whatsoever at any place unpack and
remove Goods which have been stuffed in or on a
Container and forward the same in any manner
whatsoever proceed at any speed and by any route in
his descretion (whether or not the nearest or most
direct or customary or advertised route) and proceed
to or stay at any place whatsoever once or more
often and in any order load or unload the goods from
any conveyance at any place whatsoever once or more
often and in any order load or unload the goods from
any conveyance at any place (whether or not the
place is a port named on the front hereof as the
intended Port of Loading or intended Port of
Discharge); comply with any orders or
recommendations given by any government of authority
or any person or body acting or purporting to act as
or on behalf of such government or authority or
having under the terms of the insurance on the
conveyance employed by the Carrier the right to give
orders or directions: permit the vessel to proceed
with or without pilots, to tow or be towed or to be
dry-docked: permit the vessel to carry livestock,
Goods of all kinds, dangerous or otherwise,
contraband, explosives, munitions or warlike stores
and sail armed or unarmed.
(2) The liberties set out in (1) above may be invoked
by the carrier for any purposes whatsoever whether
or not connected with the carriage of the Goods.
Anything done in accordance with (1) above or any
delay arising therefrom shall be deemed to be
within the contractual carriage and shall not be a
deviation of whatsoever nature or degree.
13. DECK CARGO (AND LIVESTOCK)
(1) Goods of any description whether containerised or
not may be stowed on or under deck without notice to
the Merchant and such stowage shall not be a
deviation of whatsoever nature or degree Subject to
(2) below. Such goods whether carried on deck or
under deck shall participate in General Average and
such Goods (other than livestock) shall be deemed to
be within the definition of goods for the purpose of
the Hague Rules or any legislation making such Rules
or the Hague-Visby Rules compulsorily applicable
(such as COGSA or COGWA) to this Bill of Lading.
(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 of lading to be carried on
deck and which are so (and livestock whether or not
carried on deck) are carried without responsibility
on the part of the Carrier for loss or damage of
whatsoever nature arising during carriage by sea or
inland waterway whether caused by unseaworthiness or
negligence or any other cause whatsoever. The
Merchant shall defend indemnify and hold harmless
the Carrier against all and any extra cost incurred
for any reason whatsoever in connection with
carriage of livestock.
14. DELIVERY OF GOODS
If delivery of the goods or any part thereof is not
taken by the Merchant at the time and place when and
where the Carrier is entitled to call upon the Merchant
to take delivery thereof, the carrier shall be entitled
without notice to remove from a container the Goods or
that part thereof is stuffed in or on a Container and to
store the Goods or that part thereof ashore, afloat, in
the open or under cover at the sole risk and expense of
the Merchant. Such storage shall constitute due delivery
hereunder and thereupon the liability of the Carrier in
respect of the goods or that part thereof shall cease.
15. BOTH-TO-BLAME COLLISION
If the vessel on which the Goods are carried (the
carrying vessel) comes into collision with any other
vessel or object (the non-carrying vessel or object) as
a result of the negligence of the non-carrying vessel or
object or the owner of charter of or person responsible
for the non carying vessel or object. The merchant
undertakes to defend indemnity and hold harmless the
Carrier against all claims by or liability to (and any
expenses arising therefrom) any vessel or person in
respect of any loss of, or damage to, or any claim
whatsoever of the merchant paid or payable to the
merchant by the non-carrying vessel or object or the
owner of, charterer of or person responsible for the
non-carrying vessel or object and set off, recouped or
recovered by such vessel, object or person(s) against
the Carrier the carrying vessel or her owners or her
charters.
16. GENERAL AVERAGE
(1) The Carrier may declare General Average which shall
be adjustable according to the York/Antwerp Rules of
1974 at any place at the option of the Carrier 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 by the carrier in this connection.
(2) Notwithstanding (1) above, the merchant shall
defend, indemnify and hold harmless the carrier in
respect if any claim (and any expense arising
therefrom) of a General Average nature which may be
made on the Carrier and shall provide such security
as may be required by the carrier in this
connection.
(3) The Carrier shall be under no obligation to take any
steps whatsoever to collect security for General
Average contributions due to the Merchant.
17. CHARGES
(1) Charges shall be deemed fully earned on receipt of
the Goods by the Carrier and shall be paid and
non-returnable in any event.
(2) The Charges have been calculated on the basis of
particulars furnished by or on behalf of the
Merchant. The Carrier shall be entitled to
production of the commercial invoice for the goods
or true copy thereof and to inspect, reweight,
remeasure and revalue the goods and if the
particulars are found by the Carrier to be
incorrect the Merchant shall pay the Carrier the
correct charges (credit being given for the
charges charged) and the costs incurred by the
Carrier in establishing the correct particulars.
(3) All charges shall be paid without any set-off,
counter-claim, deduction or stay of execution.
18. LIEN
The Carrier shall have a lien on Goods and any
documents relating thereto for all sums whatsoever due
and for the costs of recovering the same and the Carrier
shall have the right to sell the goods and documents by
public auction or private treaty, without notice to the
Merchant and at the Merchant's expense and without any
liability towards the Merchant.
19. VARIATION OF THE CONTRACT
No servant or agent of the Carrier shall have power to
waive or vary any of the terms hereof unless such waiver
or variation is in writing and is specifcally authorized
or ratified in writing by a director or officer of the
Carrier who has the actual authority of the Carrier so
to waive or vary.
20. PARTIAL INVALIDITY
If any provision in this Bill of Lading is held to be
invalid or unenforceable by any court or regulatory or
self regulatory agency or body, such invalidity or
unenforceability shall attach only to such provision.
The validity of the remaining provisions shall not be
affected thereby and this Bill of Lading contract shall
be carried out as if such invalid or unenforcable
provisions were not contained herein.
21. LAWS & JURISDICTION
This contract shall be construed and governed by
United States Law and any suit filed against Carrier
for any cause arising out of this contract shall be
filed in the United States Federal Court, District of
Maine, which court shall by this agreement have
exclusive jurisdiction of such suits.
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