Effective	21MAY2021
Filed	21MAY2021
Filing Codes	I

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:
     
TERMS AND CONDITIONS OF CONTRACT
  
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. Carrier is an NVOCC.
  
'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.
  
'Container' includes any container, trailer, transportable tank, lift
van, flat, pallet or any similar article of transport used to
consolidate Goods and any equipment thereof or connected thereto.
  
'Goods' means the cargo, described on the face hereof and, if the
cargo is packed into containers, loaded on pallets or unitised into
similar articles of transport not supplied or furnished by or on
behalf of the Carrier, includes such articles of transport as well.
  
'Package' means any preparation for transportation whether or not
that preparation conceals 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.
  
'Shipping Unit' includes (customary) freight unit and the term 'unit'
as used in the Hague Rules or where the Visby Amendments apply
compulsorily, in the Hague-Visby Rules.
  
'Sub-contractor' includes owners and operators of any vessels,
stevedores, terminal and groupage operators, Underlying Carriers,
road and rail transport operators, and any independent contractor
employed by the Carrier in performance of the carriage.
  
'Underlying Bill of Lading' includes any bill of lading (negotiable
or non-negotiable), waybill, cargo receipt or other document
pertaining to the transportation of the Goods issued by the
Underlying Carrier.
  
'Underlying Carrier' includes any water, rail, motor, air or other
carrier utilised by the Carrier for any part of the transportation
covered by this Bill of Lading.
  
An endorsement on this Bill of Lading that the Goods are 'On Board'
shall mean, that the Goods are loaded on board the ocean vessel named
in this Bill of Lading, or loaded on board rail cars, trucks,
lorries, feeder ships, barges or other means of transportation and
are in the custody of an Inland or ocean carrier for Through
Transportation in accordance with the terms of this Bill of Lading.
  
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 its agents upon request.
  
3. WARRANTY
The Merchant warrants that in accepting this Bill of Lading and
thereby agreeing to its terms and provisions it is or has the
authority of the person owning or entitled to the possession of the
Goods and this Bill of Lading.
  
4.. SUB-CONTRACTING
 4.1 In addition to the liberties given to the Carrier under the
other clauses hereof it is agreed that the Carrier shall be entitled
to sub-contract on any terms the whole or any part of the carriage,
loading, unloading, storing, warehousing, handling and any and all
duties whatsoever undertaken by the Carrier in relation to the Goods
and thereby subject the Goods to other agreements, including but not
limited to the Underlying Bills of Lading, which may, with the full
consent of the Merchant, which the Merchant is deemed to have given
by accepting this Bill of Lading, lead, or have led, as the  case may
be, to third parties acquiring rights, defences and immunities in
regard of the Goods, including but not limited to the right to
destroy, unload, store in the open or in a warehouse, retain or lien
the Goods, without any recourse or remedy unless set out in this Bill
of Lading or the Underlying Bill of Lading.
  
 4.2 Himalaya Clause: For the purposes and subject to the provisions
of this Bill of Lading, the Carrier shall be responsible for the acts
and omissions of any person of whose services it makes use for the
performance of the contract evidenced by this Bill of Lading. The
Merchant undertakes that no claim or allegation shall be made against
any person or vessel whatsoever, other than the Carrier. If any claim
or allegation should nevertheless be made against any person or
vessel other than the Carrier, the Merchant agrees to indemnify and
hold harmless the Carrier against all consequences thereof. Without
prejudice to the foregoing, all defenses and limitations of the
Carrier shall be available to all persons of whose services the
Carrier makes use for the performance of this contract. Such persons
shall include, but shall not be limited to the Carrier's servants or
agents, the Underlying Carrier, independent contractors, including
stevedores, terminal operators, carpenters, lashers, container
repairmen, and all other persons of whose services the Carrier makes
use to perform this contract. In entering into this Contract, the
Carrier, to the extent of these provisions, does so not only on its
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 of this Contract.
  
5. METHODS AND ROUTES OF TRANSPORTATION
The Carrier has liberty to deviate for the purpose of saving life or
property, to call at any port or ports in or out of the customary or
advertised route, in any order whatsoever for the purposes of
discharging and loading Goods and/or embarking and disembarking
passengers, or taking in fuel and other necessary supplies or for any
other purposes whatsoever, to dry-dock with or without Goods on board
if thought necessary or convenient, to adjust compasses, to sail
without pilots, and to tow and assist ships in all situations and
circumstances. Any action taken by the Carrier under this clause
shall be deemed to be included within the scope of the contractual
carriage and such action or delay resulting therefrom shall not be
deemed to be a deviation.
  
6. DESCRIPTION OF GOODS AND MERCHANT'S PACKING
 6.1 The Merchant shall be deemed to have guaranteed to the Carrier
the accuracy, at the time the Goods were taken in charge by the
Carrier, of the description of the Goods, marks, numbers, quantity
and weight as furnished by it and the Merchant shall indemnify the
Carrier against all loss, damage and expenses arising or resulting
from inaccuracies in or inadequacy of such particulars.
  
 6.2 The Merchant shall be liable for any loss, damage or injury
caused by faulty or insufficient packing of Goods or by faulty
loading or packing within containers when such loading or packing has
been performed by the Merchant or on behalf of the Merchant or by the
defect or unsuitability of the containers, when supplied by the
Merchant, and shall indemnify the Carrier against any additional
expenses so caused.
  
 6.3 Containers with Goods packed by the Merchant shall be properly
sealed by the Merchant and the seal number shall be communicated in
writing by the Merchant to the Carrier.
  
 6.4 The term 'apparent good order and condition' when used in this
Bill of Lading with reference to Goods which require temperature
control does not mean that the Goods when received were verified by
the Carrier as being at the designated carrying temperature.
  
 6.5 The weight of a single piece of package exceeding 1metric ton
gross must be declared by the Merchant in writing before receipt by
the Carrier. In case of the Merchant's failure to make such
declaration, the Carrier shall not be responsible for any loss of or
damage to or in connection with the Goods, and at the same time the
Merchant shall be liable for loss of or damage to any property or for
personal injury arising as a result of the Merchant's said failure
and shall indemnify the Carrier against loss or liability of any kind
suffered or incurred by the Carrier as a result of such failure.
  
7. DANGEROUS GOODS AND CONTRABAND
 7.1 The Merchant shall comply with rules which are mandatory
according to the national law or by reason of international
Convention, relating to the carriage of Goods of a dangerous nature,
and shall in any case inform the Carrier in writing of the exact
nature of the danger, before Goods of a dangerous nature are taken in
charge by the Carrier and indicate, if need be, the precautions to be
taken.
  
 7.2 If the Merchant fails to provide such information and the
Carrier is unaware of the dangerous nature of the Goods and the
necessary precautions to be taken and if, at any time, they are
deemed to be a hazard to life or property, they may at any place be
unloaded, destroyed or rendered harmless, as circumstances may
require, without compensation, and the Merchant shall be liable for
all loss, damage, delay or expenses arising out of their being taken
in charge, or their carriage, or of any service incidental thereto.
The burden of proving that the Carrier knew the exact nature of the
danger constituted by the carriage of the said Goods shall rest upon
the person entitled to the Goods.
  
 7.3 If any Goods shipped with the knowledge of the Carrier as to
their dangerous nature shall become a danger to the vehicle or cargo,
they may in like manner be unloaded or landed at any place or
destroyed or rendered innocuous by the Carrier, without liability on
the part of the Carrier, except to General Average, if any.
  
 7.4 Whenever the Goods are found to be contraband or prohibited by
any laws or regulations of the port of lading, discharge or call or
any place or waters during the carriage, the Carrier shall be
entitled to have such Goods rendered innocuous, thrown overboard or
discharged or otherwise disposed of at the Carrier's discretion,
without compensation and the Merchant shall be liable for and
indemnify the Carrier against any kind of loss, damage or liability
including loss of freight, and any expenses directly or indirectly
arising out of or resulting from such shipment.
  
8. 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.
  
9. REGULATIONS RELATING TO GOODS
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 declaration, marking, numbering or addressing of the
Goods and indemnify the Carrier in respect thereof.
  
10. PARAMOUNT CLAUSE
The Hague Rules contained in the International Convention for the
Unification of Certain Rules relating to Bills of Lading, dated
Brussels, 25th August 1924, or, but only if compulsorily applicable
the Hague Visby Rules contained in the Protocol of Brussels, dated
February 23rd, 1968, respectively as enacted in HKSAR, or, if the law
of a different country is found to be compulsorily applicable, as
enacted or applicable in that country shall apply to all carriage of
Goods by sea and where no mandatory international or national law
applies, to the carriage of Goods by road and/or inland waterways
also  and such provisions shall apply to all Goods whether carried on
deck or under deck including the time following receipt prior to
loading and following discharge prior to delivery. In the case of
carriage of goods where the contract evidenced by this Bill of Lading
is governed by the Carriage of Goods by Sea Act of the United States
approved April 16th, 1936 (COGSA) (if the port of loading or the port
of discharge is in the United States) or to the Water Carriage of
Goods Act of Canada approved August 1st, 1936 (COGWA) (if the port of
loading or the port of discharge is in Canada), then the provisions
stated in these acts shall apply, respectively, and the Carrier shall
have the benefit of any and all rights and defences and limitations
to which it is entitled under COGSA or COGWA, as the case may be, for
the time the Goods are  in the possession of the Carrier or its
subcontractors, including the time following receipt prior to loading
and following discharge prior to delivery whether carried on deck or
under deck.
  
11. CARRIER'S LIABILITY
 11.1 Port to Port Shipment
The Carrier shall be under no liability whatsoever for loss of or
damage to the Goods, howsoever occurring, if such loss or damage
arises prior to loading on to or subsequent to the discharge from the
vessel carrying the Goods. Notwithstanding the foregoing, in the
event that any applicable compulsory law provides to the contrary,
the carrier shall have the benefit of every right, defence,
limitation and liberty in the Hague or COGSA Rules as applied by
clause 11 hereof during such additional compulsory period of
responsibility, notwithstanding that the loss or damage did not occur
at sea.
  
 11.2 Combined Transport
Save as otherwise provided in this Bill of Lading, the Carrier shall
be liable for loss of or damage to the Goods occurring between the
time it takes the Goods into its charge and the time of delivery of
the Goods from its charge. Where COGSA applies then the provisions
stated in the said Act shall govern before loading on the vessel or
after discharge therefrom. If the Carrier is requested by the
Merchant to procure carriage by an inland carrier in the United
States such carriage shall be procured by the Carrier as agent only
to the Merchant and such carriage shall be subject to the inland
carrier's contract and tariff.
  
 11.3 In addition to all other defences contained in this Bill of
Lading, the law incorporated into this Bill of Lading, and the law
governing this Bill of Lading, the Carrier shall be relieved of
liability for any loss or damage caused by:
  a) an act or omission of the Merchant or person other than the
Carrier acting on behalf of the Merchant or from whom the Carrier
took the Goods in charge;
  b) insufficiency or defective conditions of the packing or marks
and/or numbers;
  c) handling, loading, stowage or unloading of the Goods by the
Merchant or any person acting on behalf of the Merchant;
  d) inherent vice of the Goods;
  e) strike, lockout, stoppage or restraint of labour;
  f) a nuclear incident if the operator of a nuclear installation or
a person acting for it is liable for this damage under an applicable
international Convention or national law governing liability in
respect of nuclear energy;
  g) any cause or event which the Carrier could not avoid or the
consequences whereof it could not prevent by the exercise of
reasonable diligence.
  h) compliance with instructions of any person entitled to give
them.  When the Carrier 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 b) to d) above, it shall be presumed
that it was so caused. The claimant shall, however , be entitled to
prove that the loss or damage was not, in fact, caused wholly or
partly by one or more of these causes or events.
  
 11.4 Nothing in this bill of lading shall operate to limit or
deprive the Carrier of any statutory protection, defence, exception
or limitation of liability authorized by any applicable laws,
statutes or regulations of any country. The Carrier shall the benefit
of the said laws, statutes or regulations as if itwere the owner of
any carrying ship or vessel.
  
 11.5 Save as is otherwise provided herein, the Carrier shall under
no circumstances be liable for direct or indirect or consequential
loss or damage arising from any other cause whatsoever or for loss.
  
12. AMOUNT OF COMPENSATION
 12.1 Without prejudice to any applicable limitation of liability in
accordance with the provision set forth in clause 11, the basis of
compensation shall be limited to the sound value of the Goods damaged
or lost (excluding insurance) at the place and time they are or
should have been delivered to the Merchant and the freight on a pro
rata basis, if paid.
  
 12.2
  A) Any liability of the Carrier shall be limited to the lesser of
USD 500 per Package or Shipping Unit or USD 2 per kilogram of gross
weight of the Goods lost or damaged, unless clauses 12.3, 12.4 or
12.5 below apply.
  
  B) Where the shipper can prove that the stage of carriage where the
loss or damage occurred was a stage other than carriage by sea, the
liability of the Carrier shall be determined by the provisions
contained in any international convention or national law which
    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 particular document which must be issued in
order to make such international convention or national law
applicable.
  
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 carrier's contracts of carriage and tariffs and any law
compulsorily applicable as well as subject to any liability
limitations contained in said inland carrier's contracts. The Carrier
guarantees the fulfilment of such inland carriers' obligations under
their contracts and tariffs and the terms and conditions contained in
these contracts and tariffs shall be incorporated into this Bill of
Lading.
  
If there is no such international convention or national legislation
applicable to the stage of carriage, the liability of the carrier
shall be determined in accordance with the provisions of clause 12.2
A) above.
  
  C) Where it can be proven that the stage of carriage where the loss
or damage occurred was the carriage by sea, then clause 12.2A) above
shall not apply and the amount of compensation shall be determined
according to clauses 11. and 12. of this Bill of Lading.
  
  D) Where the stage of Carriage where the loss or damage occurred
cannot be proven, compensation shall be determined in accordance with
the provisions contained in that compulsorily applicable
international convention or compulsorily applicable national law, the
application of which would result in the lowest amount of
compensation of all such international conventions or national laws
that are potentially applicable to individual stages of the carriage.
However, if the carriage encompasses at least one stage to which no
compulsorily applicable limitation provision contained in an
international convention or national law applies, then clause 12.2 A)
above shall apply.
  
12.3 If the Merchant, with the consent of the Carrier, has declared a
higher value for the Goods and such higher value has been stated in
this Bill of Lading, such higher value shall be the limit. However,
the Carrier shall not, in any case, be liable for an amount greater
than the actual loss to the person entitled to make the claim.
  
 12.4 Where the Hague Rules, the Hague Visby 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 sub clause 12.3, 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 USD 500 per Package or
Shipping Unit and according to COGWA is CAD 500 per Package or
Shipping Unit. If no limitation amount is applicable under such Rules
or legislation, the limitation shall be USD 500.
  
 12.5 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
'total no. of containers/packages' 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.
  
 12.6 (London Limitation Convention) It is hereby agreed by the
Merchant that the Carrier qualifies as a person entitled to limit
liability under the 1976 Convention on the Limitation of Liability
for Maritime Claims. Except to the extent that a mandatory law to the
contrary applies, the size of the fund to which the Carrier may limit
liability shall be calculated by multiplying the limitation fund of
the carrying vessel at the relevant time by the number of TEUs (20
foot equivalent units) aboard at that time for which the Carrier is
the contracting Carrier and dividing that total by the total number
of TEUs aboard at that time.
  
 12.7 Once the Goods have been received by the Carrier for Carriage
the Merchant shall not be entitled neither to impede, delay, suspend
or stop or otherwise interfere with the Carrier's intended manner of
performance of the Carriage or the exercise of the liberties
conferred by this bill of lading nor to instruct or require delivery
of the Goods at other Port or Place than the Port of Discharge or
Place of Delivery named on the reverse hereof or such other Port or
Place selected by the Carrier in the exercise of the liberties
herein, for any reason whatsoever. The Merchant shall indemnify the
Carrier against all claims, liabilities, losses, damages, costs,
delays, attorney fees and/or expenses caused to the Carrier, his
Subcontractors, servants or agents or to any other cargo or to the
owner of such cargo during the Carriage arising or resulting from any
impediment, delay, suspension, stoppage or interference whatsoever in
the Carriage of the Goods.
  
13. DELAY, CONSEQUENTIAL LOSS, BOTH TO BLAME COLLISION
 13.1 Arrival times are not guaranteed by the Carrier. 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 double the freight applicable to the relevant stage of the
transport, or the value of the Goods as determined in clause 12,
whichever is least.
  
 13.2 The BIMCO Both-to-Blame Collision Clause shall apply and
operate as if the Carrier were the actual carrier and not an NVOCC
and the Merchant shall indemnify the Carrier in regard of any and
all claims brought against the Carrier by the actual carrier or any
other third party by virtue of a Both-to-Blame Collision Clause. A
copy of the BIMCO Both-to-Blame Collision Clause may be obtained from
the Carrier upon request at any time.
  
14. 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 its
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.
  
15. DELIVERY/FCL MULTIPLE BILLS OF LADING
 15.1 The Goods may be discharged, without notice, as soon as the
Vessel is ready to unload, continuously day and night, Sundays and
holidays included. If the Merchant fails to take delivery of the
Goods immediately after the Vessel is ready to discharge them, the
Carrier shall be at liberty to store the Goods, in warehouse or in
the open, at the risk and expense of the Merchant. Optional delivery
is only granted when arranged prior to the shipment of the Goods and
expressed in this Bill of Lading. The Merchant desiring to avail
himself of the option so expressed must give notice to the Carrier's
agent at the first port of the Vessel's call named in the option, at
least 48 hours prior to the Vessel's arrival there, otherwise the
Goods shall be discharged at any of the optional ports at the
Carrier's choice and the Carrier's responsibility shall then cease.
If the Goods are unclaimed during a reasonable time, or whenever in
the Carrier's judgment the Goods will become deteriorated, decayed or
worthless, the Carrier may, at his discretion and without any
responsibility attaching to him, sell, abandon or otherwise dispose
of the Goods solely at the risk and expense of the Merchant.
  
 15.2 Goods will only be delivered in a Container to the Merchant if
all Bills of Lading in respect to the contents of the Container have
been surrendered authorising delivery to a single Merchant at a
single place of delivery. In the event that this requirement is not
fulfilled, the Carrier may unpack the Container and in respect of
Goods for which Bills of Lading have been surrendered, deliver them
to the Merchant on a less than container load (LCL) basis. Such
delivery shall constitute due delivery hereunder, but will only be
effected against payment by the Merchant of LCL service charges and
any charges appropriate to LCL Goods (as laid down in the Tariff)
together with the actual costs incurred for any additional services
rendered.
  
16. NON DELIVERY
Failure to effect delivery within 90 days after the expiry of a time
limit agreed and expressed in this Bill of Lading or, where no time
limit is agreed and so expressed, failure to effect delivery within
90 days after the time it would be reasonable to allow for diligent
completion of the transport operation shall, in the absence of
evidence to the contrary, give to the party entitled to receive
delivery the right to treat the Goods as lost.
  
17. FAILURE TO NOTIFY
No claim shall under any circumstances whatever attach to the Carrier
for failure to notify the Consignee or others concerned of the
arrival of the Goods.
  
18. HINDRANCES ETC. AFFECTING PERFORMANCE
 18.1 The Carrier shall use reasonable endeavours to complete the
transport and to deliver the Goods at the place designated for
delivery.
  
  a) If at any time the performance of the contract as evidenced by
this Bill of Lading is or will be affected by any hindrance, risk,
delay, difficulty or disadvantage of whatsoever kind, and if by
virtue of clause 19.4 or cause, the liability for which the Carrier
is excused by this Bill of Lading, law, regulation or custom, the
Carrier (whether or not the transport is commenced) may elect to
treat the performance of this contract as terminated and place the
Goods at the Merchant's disposal at any place which the Carrier shall
deem safe and convenient; or deliver the Goods at the place
designated for delivery.  In any event the Carrier shall be entitled
to full freight for Goods received for transportation and additional
compensation for extra costs resulting from the circumstances
referred to above.
  
19. FREIGHT AND CHARGES
 19.1 Freight shall be deemed earned on receipt of the Goods by the
Carrier and shall be paid in any event ship lost or not lost.
  
 19.2 The Merchant's attention is drawn to the stipulations
concerning currency in which the freight and charges are to be paid,
rate of exchange, devaluation and other contingencies relative to
freight and charges in the relevant tariff conditions. If no such
stipulation as to devaluation exists or is applicable the following
clause shall apply: If the currency in which freight and charges are
quoted is devalued between the date of the freight agreement and the
date when the freight and charges are paid, then all freight and
charges shall
be automatically and immediately changed in proportion to the extent
of the devaluation or revaluation of the said currency.
  
 19.3 All dues, taxes and charges levied on the Goods and other
expenses in connection therewith shall be paid by the Merchant.
  
 19.4 The Merchant shall reimburse the Carrier in proportion to the
amount of freight for any costs for deviation or delay or any other
increase of costs of whatever nature caused by war, warlike
operations, epidemics, strikes, government directions or force
majeure.
  
 19.5 If Containers supplied by or on behalf of the Carrier are
unpacked at the Merchant's premises, the Merchant is responsible for
returning the empty Containers, with interiors brushed and clean, to
the point or place designated by the Carrier, his servants or agents,
within the time prescribed by the Carrier. Should a Container not be
returned within the time so prescribed, the Merchant shall be liable
for any detention, loss or expenses which may arise from such
non-return.
  
 19.6 All freight shall be paid without any set-off or counterclaim
unless the claim is not in dispute or confirmed by final court
decision, deduction or stay of execution before delivery of the
Goods.
  
20. LIEN
The Carrier shall have a general lien on any and all property (and
documents relating thereto) of the Merchant, in its possession,
custody or control or en route, for all claims for charges, expenses
or advances incurred by the Carrier in connection with any shipments
of the Merchant and if such claim remains unsatisfied for thirty (30)
days after demand for its payment is made, the Carrier may sell at
public auction or private sale, upon ten (10) days written notice
(counting from sending of the notice) by registered mail or
equivalent means to the Merchant, the Goods, wares and/or merchandise
or so much necessary to satisfy such lien, and apply the net proceeds
of such sale to the payment of the amount due the Carrier. Any
surplus from such sale shall be transmitted to the Merchant, and the
Merchant shall be liable for any deficiency in the sales.
  
21. GENERAL AVERAGE
 21.1 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 incorporated herein and the Merchant
shall provide such security as may be required by the Carrier in this
connection.
  
 21.2 Notwithstanding clause 21.1 above, the Merchant shall defend,
indemnify and hold harmless the Carrier in respect of any claim (and
any expense arising therefrom) of 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.
  
 21.3 The Carrier shall be under no obligation to take any steps
whatsoever to collect security for General Average contributions due
to the Merchant.
  
22. TIME BAR
In any event the Carrier shall be discharged of all liability under
this Bill of Lading unless suit is brought within one year after the
delivery of the Goods or the date when the Goods should have been
delivered.
  
23. VARIATION OF THE CONTRACT
No servant or agent of the Carrier shall have power to waive or vary
any term of this Bill of Lading unless such waiver or variation is in
writing and is specifically authorized or ratified in writing by the
Carrier.
  
24. PARTIAL INVALIDITY
If any provision in this Bill of Lading is held to be invalid or
unenforceable such invalidity or unenforceability shall attach only
to such provision. The validity of the remaining provisions shall not
be affected thereby and this Bill Lading contract shall be carried
out as if such invalid or unenforceable provision were not contained
herein.
  
25. GOVERNING LAW AND JURISDICTION
  (a) The contract evidenced by or contained in this Bill of Lading
shall by governed by the law of The Government of The HKSAR and any
action or other dispute thereunder shall be brought before the HKSAR
Courts unless the Carrier otherwise agrees in writing.
  (b) In the event that notwithstanding condition 25 (a) this
contract
shall be held to be subject to the laws of any other State or Country
than except where repugnant to the provision of that law these
conditions shall continue to apply
  
26. MERCHANT'S RESPONSIBILITY
 26.1 All freight shall be paid without any set-off, counter-claim,
or deduction.
  
 26.2 If the Merchant fails to pay the freight when due it shall be
liable also for payment of a service fee, interest due on any
outstanding and/or overdue sum, reasonable attorney fees and expenses
incurred in collecting any sums due to the Carrier. Payment of
freight and charges to a freight forwarder, broker or anyone other
than the Carrier or its authorized agent, shall not be deemed payment
to the Carrier and shall be made at the Merchant's sole risk.
  
 26.3 The Merchant shall indemnify the Carrier against all claims,
liabilities, loss, damages, costs, delay, attorney fees and/or
expenses caused to the Carrier, its Subcontractors, servants or
agents or to any other cargo or to the owner of such cargo from any
stoppage in the carriage of the goods whether at the request of the
Merchant, or in consequence of any dispute whatsoever in respect of
the Goods (including without restriction, disputes as to ownership,
title, quality, quantity or description of and/or payment for the
Goods) involving one or more party defined herein as the Merchant or
with any third party other than the Carrier.

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