RULE: 8 - BILL(S) OF LADING Eff: 04APR2008

Effective 04APR2008
Filed 04APR2008
Filing Codes I

All cargo transported under the rates, charges, terms and
conditions named in this Tariff and in Tariffs subject to
this Tariff shall be held, carried and delivered SUBJECT 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.   Application and definitions
1.1  Notwithstanding the heading "Combined Transport Bill
of Lading" (on the face of this Bill of Lading) the
provisions set out and referred to in this document shall
also apply when the transport as described on the face of
the Bill of Lading is performed by one mode of transport
only.
Pick-up, delivery and transhipment operations carried out
in the performance of one mode transport and incident to
such transport do not constitute a different mode of
transport for the purposes of this Bill of Lading.
     
1.2  "Combined Transport Operator" (CTO) is the person by
whom or for whom this Bill of Lading is signed.  The term
"Merchant" includes the shipper, the person named in this
Bill of Lading as shipper, the person for whose account the
goods are handed over to the CTO, the consignee, the holder
of this Bill of Lading, the owner or the receiver of the
goods and the person who is entitled to receive the goods,
and anyone acting or purporting to act on behalf of them,
and their agents, servants and subcontractors.
The term "vessel" and/or "ship" shall include the vessel
named in this Bill of Lading or any substituted vessel.
A "port to port shipment" arises only in case of carriage
by water if both the place of receipt and the intended
place of delivery are ports and the Bill of Lading does not
in the nomination of the place of receipt or the intended
place of delivery on the face hereof specify any place or
spot within the area of the port so nominated.
     
2.   Scope of contract
2.1   By the issue of this Bill of Lading the CTO
undertakes to perform or procure the performance of the
entire transport from the place at which the goods are
taken in charge (place of receipt) to the place designated
for delivery in this Bill of Lading and assumes liability
as set out in these conditions.
     
2.2   The CTO is 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 him in relation to the goods.
     
2.3.1     The CTO may at any time and without notice to the
Merchant
     a.   carry the goods by any means of transport and by
any route and in any direction whatsoever, whether within
or out of the most direct or advertised or customary route
and proceed beyond the port and/or place of discharge or in
a direction contrary thereto or return to the original
place and/or port of departure.
     b.   load and unload the goods at any place, land or
store them either on shore or afloat, transfer, tranship,
reship or forward them at any place or port, drydock a
vessel with or without cargo on board.
     
2.3.2.    The rights set out under 2.3.1 may be invoked by
the CTO for any purpose whatsoever including repairs,
towing or being towed, adjusting instruments, drydocking,
and assisting vessels in all situations.  Anything done in
accordance with clause 2.3.1. or any delay arising
therefrom is within the contractual carriage and not in
deviation.
     
3.   Negotiability and title to the goods
3.1   This Bill of Lading shall be negotiable unless marked
"non-negotiable"
     
3.2   By accepting this Bill of Lading the Merchant and his
transferees agree with the CTO that, unless it is marked
"non-negotiable", it shall constitute title to the goods,
and only the holder by endorsement of this Bill of Lading
shall be entitled to receive or to transfer the goods
herein mentioned and to claim hereunder for damage to or
loss of the goods.
     
3.3   This Bill of Lading shall be prima-facie evidence of
the receipt of the goods by the CTO as herein described.
However, proof to the contrary shall not be admissable if
this Bill of Lading is negotiable and has been transferred
to a third party acting in good faith.
     
4.   CTO's liability
4.1   Combined transport-general
     
4.1.1.    The CTO shall be liable for loss of and damage to
the goods occurring from the time when the goods are
accepted for transportation until the time when the goods
are delivered.
     
4.1.2     The CTO shall, however, not be liable for loss or
damage arising or resulting from
     a.   any wrongful act or neglect of the Merchant.
     b.   compliance with the instructions given to the
CTO, the Merchant or any other person by a person entitled
to give them.
     c.   the lack or insufficiency or the defective
condition of packing in respect of goods which by their
nature are liable to wastage or to being damaged when not
or not properly packed, unless the packing had been carried
out by the CTO.
     d.   handling, loading, unloading or stowage of the
goods by the Merchant on any person acting on his behalf.
     e.   inherent vice of the goods.
     f.   insufficiency or inadequacy of marks or numbers
on the goods, coverings, or unit loads, except where they
are required to be affixed by the CTO.
     g.   strikes or lockouts or stoppage or restraint of
labor from whatsoever cause, whether partial or general.
     h.   any act, neglect or default in the navigation of
a ship occurring during carriage by water.
     i.   fire, unless the fire was caused by the actual
fault or privity of the CTO or the water carrier or by lack
of exercise of due diligence to make the vessel seaworthy,
properly to man, equip and supply the vessel or to make her
fit and safe for the reception, carriage and preservation
of the goods.
     j.   a nuclear incident, if the operator of a nuclear
installation or a person acting for him is liable for this
damage under and applicable international convention or
national law governing liability in respect of nuclear
energy.
     k.   hostilities or warlike operations whether there
be a declaration of war or not, civil war, revolution,
rebellion, insurrection or civil strife arising therefrom,
or piracy.
     l.   any other cause of event which the CTO could not
avoid and the consequences whereof he could not prevent by
the exercise of reasonable diligence.
     
4.1.3.    Where under 4.1.2 the CTO is not liable in
respect of some of the factors causing the loss or damage,
he shall only be liable to the extent as those factors for
which he is liable have contributed to the loss or damage.
     
4.1.4     The burden of proving that the loss or damage was
due to one or more of the causes or events specified in
4.1.2 shall rest upon the CTO.  When the CTO establishes
that in the circumstances of the case the loss or damage
could be attributed to one or more of the causes or events
specified in 4.1.2, it shall be presumed that it was so
caused.  The Merchant shall however be entitled to prove
that the loss or damage was not, in fact, attributable
either wholly or partly to one or more of these causes or
events.
     
4.2  Amount of compensation-general
     
4.2.1     When the CTO is liable for compensation in
respect of loss of or damage to the goods, such
compensation shall be calculated by reference to the
invoice value of the goods plus freight charges and
insurance if paid.
     
4.2.2     If there be no invoice value of the goods, the
compensation shall be calculated by reference to the value
of such goods at the place and time they are delivered to
the Merchant in accordance with the contract or should have
been so delivered.  The value of the goods shall be fixed
according to the commodity exchange price or if there is no
such price, according to the current market price or, if
there is no commodity exchange price or current market
price, be reference to the normal value of goods of the
same kind and quality.
     
4.2.3     Compensation shall not exceed US $2 per kilogram
of gross weight of the goods lost or damaged.
     
4.2.4     Higher compensation may be claimed only when,
with the consent of the CTO, the value of the goods
declared by the Merchant as the sound landed value has been
stated in this Bill of Lading.  In that case the amount of
the declared value shall be substituted for the limits laid
down in this clause.
     
4.3.1     Special Provisions
     
If it can be proved that the loss or damage occurred solely
during the course of one particular stage of the transport,
the CTO and the Merchant shall as to their respective
liabilities be entitled to require such liabilities to be
determined by:
     
A.   the provisions contained in any international
convention or national law, 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 CTO in respect of the
particular stage of transport where the loss or damage
occurred and received as evidence thereof any particular
document which must be issued if such international
convention or national law shall apply.
     
or
B.   the provisions contained in any contract entered into
between the CTO and any sub-contract or in accordance with
clause 2.2 (including the provisions contained in any
international convention or national law incorporated
therein by reference) provided that no international
convention or national law is applicable under paragraph
(A).
     
4.3.2     Where a container, pallet or similar article of
transport is used to consolidate goods, the number of
packages or units enumerated on the face of this Bill of
Lading as packed in such an article of transport shall be
deemed the number of packages or units for the purpose of
any limit of liability per package or unit provided in an
international convention or national law relating to the
carriage of goods by sea which is applicable in consequence
of clause 4.3.1 as far as these packages or units are
concerned.  Except as aforesaid such article of transport
shall be considered the package or unit.
     
4.3.3     If the provisions of sub-clause 4.3.1 and 4.3.2
do not apply, the liability of the CTO in cases of loss
and/or damage shall be determined by the provisions of 4.1
and 4.2.
     
4.4  Port to Port Shipment.
     
If the whole carriage is a port to port shipment, the
liability of the CTO shall be determined by the national
law which shall be applicable to the carriage by water
under 4.3.1 or failing which by the Hague Rules,
irrespective of whether the loss or damage is proved to
have occurred during the period of carriage by water or
prior or subsequent thereto.
     
5.   Deck cargo, open vehicle cargo and livestock
The CTO reserves the liberty to determine whether goods and
livestock shall be carried on deck, on an open lorry, or an
open trailer and/or an open railway wagon.  Goods (not
being goods stowed in containers  other than flats or
pallets) which are stated herein to be carried on deck
and/or on open vehicles/wagons and livestock may be carried
on deck, on an open lorry, on an open trailer and/or an
open railway wagon, and if carried so, are carried without
responsibility on the part of the CTO for loss or damage of
whatsoever nature, whether caused by unseaworthiness or
negligence or any other cause whatsoever.
     
6.   Delay, consequential loss etc.
The CTO does not undertake that the goods shall arrive at
any place at any particular time.  The CTO shall in no
circumstances be liable for any direct, indirect, or
consequential loss or damage caused by delay, whether
caused by unseaworthiness or negligence or any other cause
whatsoever.  If the CTO is held liable for direct or
indirect or consequential loss or damage caused by delay,
such liability shall in no case exceed the freight for the
transport covered by this Bill of Lading.
     
7.   General exemption from liability.
Save as otherwise provided herein, the CTO shall in no
circumstances be liable for direct or indirect or
consequential loss or damage arising from any clause.
     
8.   Notice of loss, time bar.
8.1   Unless notice of loss or damage to the goods and the
general nature of it is given in writing to the CTO or the
person acting on his behalf at the place of delivery before
or at the time of the removal of the goods into the custody
of the person entitled to delivery thereof, or, if the loss
or damage is not apparent, within six consecutive days
thereafter, such removal shall be prima-facie evidence of
the delivery by the CTO as described in this Bill of
Lading, and the CTO shall be discharged from all liability
in respect of loss of or damage to the goods.
     
8.2.1     The CTO shall be discharged of all liability
under the Bill of Lading unless suit is brought and written
notice thereof given to the CTO within nine months after
delivery of the goods.  In the case of total loss of the
goods the period shall begin to run two months after the
goods have been received for transport.
     
8.2.2     The period provided for under 8.2.1 may be
extended if the parties so agree after the cause of action
has arisen.
     
9.   Defences and limits for the CTO and other persons
9.1   The defences and limits of liability provided for in
this Bill of Lading shall apply in any action against the
CTO for loss of or damage to the goods, whether such action
is founded in contract or in tort.
     
9.2  The CTO himself shall not be entitled to the benefit
of limitation of liability provided for in Clause 4.2.3 if
it is proved that the loss or damage resulted from an act
or omission of the CTO himself done with intent to cause
damage or recklessly or with knowledge that damage would
probably result.
     
9.3.1     The Merchant undertakes that no claim shall be
made against any person acting on behalf of the CTO
mentioned under 2.2, the ship and/or vessel's owner or
operator, which imposes or attempts to impose upon any of
them any liability whatsoever in connection with the goods,
and, if any such claim should nevertheless be made, to
indemnify the CTO against all consequences thereof.
     
9.3.2     Without prejudice to the foregoing, every such
person shall have the benefit of all provisions herein, as
if such provisions were expressly for their benefit.  In
entering into this contract the CTO, to the extent of those
provisions, does so not only on his behalf but also as
agent and trustee for such persons.
However, if it is proved that a loss or damage resulted
from an act or omission of forementioned persons, done with
intent to cause damage or recklessly or with knowledge that
damage would probably result, such persons shall not be
entitled to the benefits of limitation of liability
provided for in this Bill of Lading.
     
10.  Containers and other packed goods
10.1  The term "container" shall include any trailer, van
or closed cargo box.
     
10.2  The terms of this Bill of Lading shall govern the
responsibility of the CTO in connection with or arising out
of the supply of a container to the Merchant whether before
or after the goods are received by the CTO for transport or
delivery to the Merchant.
     
10.3.1 The goods may be stowed by the CTO in containers or
similar articles of transport used to consolidate goods.
     
10.3.2 Goods stowed in closed containers other than flats
or pallets, whether by the CTO or the Merchant, may be
carried on deck, on an open lorry, on an open trailer
and/or an open railway wagon without notice to the
merchant.  Such goods, whether or not carried so, shall
participate in general average and shall be deemed to be
within the definition of goods for the purpose of the Hague
or Hague Visby Rules.
     
10.4  If a container other than flat or pallet has not been
filled nor packed nor stuffed nor loaded by the CTO, the
CTO shall not be liable for loss of or damage to the
contents, and the Merchant shall indemnify the CTO against
any loss, damage, liability or expense incurred by the CTO
if such loss, damage, liability or expense has been caused
by.
     
     a.   the manner in which the container has been
filled, packed, stuffed or loaded, or
     b.   the unsuitability of the contents for carriage in
containers, unless the CTO has checked the suitability, or
     c.   the unsuitability or defective condition of the
container arising without any want of due diligence on the
part of the CTO during the filling, packing, stuffing or
loading to make the container reasonably fit for the
purpose for which it is used, or
     d.   the unsuitability or defective condition of the
container, which would have been apparent upon reasonable
inspection by the Merchant.
     
11.  Inspection of goods
The CTO shall be entitled but under no obligation to open
any container at any time and to inspect the contents.  If
it appears that the contents or any part thereto cannot
safely or properly be carried or carried further either at
all or without incurring any additional expense or taking
any measures in relation to the container or its contents
or any part thereof, the CTO may abandon the transport
thereof and/or take any measures and/or incur any
reasonable additional expense and/or liabilities to carry
or to continue the carriage or to store the same under
cover or in the open at any place, which storage shall be
deemed to constitute due delivery under this Bill of
Lading.  The Merchant shall indemnify the CTO against any
reasonable additional expenses and against all liability,
loss or damage arising therefrom.
     
12.  Description of the goods.
12.1  The Merchant guarantees to the CTO the accuracy of
the description of the goods, especially as to weight,
content, measure, quantity, quality, condition, marks,
numbers, and value as furnished by him and set out in this
Bill of Lading, and he shall indemnify the CTO against all
loss, damage, and expenses and/or liability arising or
resulting from inaccuracy or inadequacy of such
particulars.  The right of the CTO to such indemnity shall
in no way limit his responsibility and liability under this
Bill of Lading to any person other than the Merchant.
     
12.2  The freight has been calculated on the basis of
particulars furnished by or on behalf of the Merchant.  The
CTO may at any time open any container or other package or
unit in order to re-weigh, re-measure or re-value the
contents.  If the particulars furnished by or on behalf of
the Merchant are incorrect, is is agreed that a sum equal
either to ten times the difference between the correct
freight and the freight charged or to three times the
correct freight less the freight charged whichever is the
smaller, shall be payable as liquidated damages to the CTO.
     
12.3  No representation is made by the CTO as to the
particulars mentioned under 12.1 and the CTO shall be under
no responsibility whatsoever in respect of such
particulars.
     
13.  Dangerous goods.
The Merchant undertakes not to tender for transport any
goods which are of a dangerous, inflammable, radio-active
or damaging nature without previously giving written notice
of their nature and the receiver's name and address to the
CTO and marking the goods and the container or other
covering on the outside and indicating, if need be, the
precautions to be taken, all as required by any laws or
regulations which may be applicable during the carriage. 
The Merchant shall indemnify the CTO against all loss,
damage or expense or liability arising out of such goods
being tendered for transport or handled or carried by the
CTO or out of any services being incidental thereto.
     
13.2 Goods which are or at any time become dangerous,
inflammable, radio-active or damaging may, at any time or
place, be unloaded, destroyed or rendered harmless without
compensation, and if the Merchant has not given notice of
their nature to the CTO, the CTO shall be under no
liability to make any general average contribution in
respect of such goods.
     
14.  Regulations relating to the goods and packing
The Merchant shall comply with all regulations or
requirements of customs, port and other authorities and
shall bear and pay all duties, taxes, fines, imposts,
expenses or losses incurred or suffered by reason thereof
or by reason of any illegal, incorrect or insufficient
packing, marking, numbering or addressing of the goods and
indemnify the CTO in respect thereof.
     
15.  Matters affecting performance.
15.1  The CTO may at any time comply with the orders or
recommendations given by any government or 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 of the conveyance employed by the CTO the
right to give orders or directions.  Delivery or other
disposition of the goods in accordance with such orders,
directions or recommendations shall be due performance of
this contract.
     
15.2  If at any time the performance of the contract
evidenced by this Bill of Lading in the judgement of the
CTO or the persons mentioned under 2.2 is or is likely to
be affected by any hindrance, risk, delay, difficulty or
disadvantage of whatsoever kind, which cannot be avoided by
the exercise of reasonable endeavors, the CTO and/or the
persons acting on his behalf, whether or not a transport is
commenced, may without notice to the Merchant treat the
performance of this contract as terminated and place the
goods or any part of them at the Merchant's disposal at any
place which the CTO may deem safe and convenient, whereupon
the responsibility of the CTO in respect of the goods shall
cease.  The CTO shall nevertheless be entitled to the full
freight and charges on goods received for transport.  The
Merchant shall pay any additional costs of carriage to and
delivery and storage at such place and all other expenses
incurred by the CTO.
     
16.  Notification and delivery
16.1  Any mention in this Bill of Lading of parties to be
notified of the arrival of the goods is solely for
information of the CTO, and failure to give such
notification shall not involve the CTO in any liability nor
relieve the Merchant of any obligation hereunder.
     
16.2  The Merchant shall take delivery of the goods within
the time provided for in the CTO's applicable tariff.
     
16.3  If the Merchant fails to take delivery of the goods
or part of them in accordance with this Bill of Lading, the
CTO may without notice unstow the goods or that part
thereof and/or store the goods or that part thereof at such
a place as will be required by the nature of the goods, all
at the sole risk and expense of the Merchant.  Such storage
shall constitute due delivery hereunder, and thereupon all
liability whatsoever of the CTO in respect of the goods or
that part thereof shall cease.
     
16.4  The Merchant's attention is drawn to the stipulations
concerning free storage time and demurrage contained in
CTO's applicable tariff, which is incorporated in this Bill
of Lading.
     
17.  Freight and charges.
17.1  Freight and charges on the goods are calculated
according to the stipulations of the CTO's applicable
tariff in force at the time of acceptance for transport.
     
17.2  Freight and charges shall be deemed fully earned on
receipt of the goods by the CTO and shall be paid in cash
without any deduction in the currency stipulated in the
Bill of Lading or, at the CTO's option, in the currency of
the country of discharge or destination at the highest rate
of exchange for bankers' sight bills and shall be
non-returnable in any event.
     
17.3  All duties, taxes and charges or other expenses in
connection with the goods shall be paid by the Merchant.
     
17.4  The Merchant shall remain liable to the CTO for the
payment of all costs due.
     
18.  Lien
The CTO shall have a lien on the goods and any document
relating thereto for all unsatisfied debts whatsoever due
to the CTO and for general average contributions to
whomsoever due and for the cost of recovering the same and
for that purpose shall have the right but no obligation to
sell the goods by public auction by private treaty without
legal authority, advertisement or notice to the Merchant
and without any liability towards the Merchant.
     
19.  Both-to-Blame Collision Clause
The Both-to-Blame Collision Clause as adopted by BIMCO to
be considered incorporated herein.
     
20.  General Average
20.1  General Average to be adjusted at any port or place
at the CTO's option, and to be settled according to the
York-Antwerp Rules 1974, this covering all goods, whether
carried on or under deck.  The Amended Jason Clause as
approved by BIMCO to be considered as incorporated herein.
     
20.2  Such security including a cash deposit as the CTO may
deem sufficient to cover the estimated contribution of the
goods and any salvage and special charges thereon, shall,
if required, be submitted to the CTO prior to delivery of
the goods.
     
21.  Partial Invalidity
Should any clause or part thereof of this Bill of Lading be
found to be invalid, the validity of the remaining clauses
of the remaining part of the effective clause shall not be
impaired.  The invalid clause or part thereof shall be
replaced by an effective clause or part thereof apt at
serving the purposes of the CTO and the Merchant.
     
22.  Law and jurisdiction
22.1  This Bill of Lading contract is governed by the law
of England.
     
22.2  Any claim or dispute arising hereunder or in
connection herewith shall be determined by the English
Courts and by no other court.

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