RULE: 8 - BILL(S) OF LADING TERMS AND CONDITIONS Eff: 09JUL2012

Effective 09JUL2012
Filed 09JUL2012
Filing Codes I

RECEIVED for shipment in apparent good order and condition,
unless otherwise noted herein the number of containers or
other package or pieces shown in the "Carrier's Receipt"
and said by the Shipper to hold the goods described in the
"Particulars Furnished by Shipper".  The Carrier shall have
the right at its sole discretion to use leaderships,
ferries, lighters, trucks, trains or planes, in addition to
the Ocean Vessel or its substitute to accomplish said
carriage if the goods are shipped from or are consigned to
a port or place not directly served by Carrier's own vessel
or in the case of a through shipment or transshipment the
Carrier will acting only as the Shipper's AGENT arrange for
transportation of the shipment by other carriers from the
place of shipment to the port of loading on Carrier's
vessel and from the port of discharge from Carrier's vessel
to ultimate destination and during such segments of
transportation the Carrier guarantees the performance of
the obligation of such previous carriers or on carriers
under their freight documents.  The liability of this
Carrier as a carrier shall commence when the shipment is
received into its exclusive custody and shall terminate
when the goods are ready for delivery to consignee or on
carrier and the Carrier shall not be liable for damage or
losses not occurring on its own segment of the overall
carriage.  The Carrier shall hold for the benefit of the
owner of the goods all bills of lading, freight documents
or receipts issued by other carriers or bailees.  The
receipt bailment, carriage delivery and trans shipment of
the goods are subject to all the terms, conditions and
limitations of this bill of lading and of the Carrier's
regularly filed Freight Tariffs and Regulations, which are
deemed incorporated herein as if set forth at length and
shall govern the relations whatsoever they may be between
the Shipper, Consignee or holder and the Carrier Master
ocean vessel leadership ferry, lighter or any other means
of transport owned or operated by the Carrier and whether
the carrier be acting as carrier or bailee. 
    
1.  The bill of lading shall have effect subject to the
provisions of the Carriage of Goods By Sea Act of the
United States of America approved April 16, 1936 which
shall be deemed to be incorporated herein, and nothing
herein contained shall be deemed a surrender by the Carrier
of any of its rights or immunities or limitations or an
increase of its responsibilities or liabilities under said
Act.  The provisions stated in said Act (except as
otherwise specifically provided herein) shall govern before
the shipment is loaded on and after it is discharged from
the vessel and throughout the entire time the goods are in
the exclusive customs of the Carrier until made ready for
delivery.  If this bill of lading is issued or delivered in
a locality where there is in force a compulsory applicable
Carriage of Goods by Sea Act Ordinance or Statute of a
nature similar to the International Convention for the
Unification of Certain Rules Relating to Bills of Lading
dated at Brussels August 25, 1924, it is subject to the
provisions stated in such Act Ordinance or Statute and
rules thereto annexed which may be in effect where this
bill of lading is issued.  
    (a)   The Carrier shall be entitled to the full benefit
of, and right to, all limitations of, exemption from
liability authorized by any provisions of Sections 4281 to
4288 inclusive of the Revised Statutes of the United States
and amendments thereto and of any other provisions of the
law of the United States or any other country whose laws
shall apply.  The terms of this bill of lading constitute
the contract of carriage, which is between the Shipper,
Consignee and owner of the goods, and the owner or demise
charterer of the vessel designated to carry the shipment. 
It is understood and agreed that other than the said ship
owner or demise character no person, firm or corporation or
other legal entity whatsoever (including the Master,
officers and crew of the vessel, all agents, employees,
representative and all terminal operator stevedores,
watchmen and other independent contractors whatsoever) is, 
or shall be deemed to be liable with respect to the goods,
the word  charges  as carrier, bailee, or otherwise
howsoever, in contract or in tort.  If however, it shall be
adjudged that any other than shipowner or demise charterer
is carrier or bailee of the goods or under any
responsibility with respect thereto, all limitations of and
exonerations from liability provided by the law or by the
terms hereof shall be available to such other in
contracting for the foregoing exemptions, limitations and
exonerations from liability, the carrier is acting as agent
and trustee for the other above mentioned.  
    
    2. In this bill of lading the word "vessel" shall
include the vessel to be used for ocean crossing, named on
the face hereof or any substitute ocean vessel actually
used, also any leadership ferry, lighter or any other
watercraft used by the Carrier in the performance of this
contract; the word "Carrier" with capital "C" shall include
the Carrier named on the front side hereof, the vessel, her
owner, demise charterer, if bound thereby, the time
charterer and any substituted ocean carrier whether the
owner or charterer shall be acting as carrier or bailee;
the word "Shipper" shall include the party for whose
account the goods are shipped as well as the party named as
such in this bill of lading; the word "Consignee" shall
include the holder of this bill of lading properly endorsed
and the receiver and/or the goods; the word "charges" shall
include freight and all expenses and money obligations
incurred and payable by the owner of the goods, Shipper,
Consignee or any of them; the words "risk and expense of
the goods" shall mean also at the risk and expense of the
Shipper, Consignee, holder or owner; the word "goods" shall
include the contents of the container(s); the words
"Government" and "Authorities" shall each include the
United Nations or any similar international organizations
and also persons purporting to exercise control of a
government nature.  "On Board" shall mean on board any
means of transport used by the Carrier to accomplish the
carriage covered by the bill of lading.  "Port of Loading"
shall mean the place where the transport begins and "Port
of Discharge" shall mean the place where the goods are to
be delivered to consignee or on carrier. 
    
    3. The scope of the sea herein contracted for shall
include usual or customary ports of call whether named in
this contract or not also ports in or out of the advertised
geographical usual route or order even though in proceeding
thereto the vessel may sail beyond the port of discharge
named herein or in a direction contrary thereto or return
to the original port or depart from the direct or customary
route and includes all canals, straits and other waters. 
The vessel may call at any port for the purpose of the
current voyage, or of a prior or subsequent voyage.  The
vessel may omit calling at any port whether scheduled or
not, and may call at the same port more than once, may
discharge the goods the first or subsequent call at the
port of discharge, may for matters occurring before or
after loading and either with or without the goods on board
and before or after proceeding towards the port of
discharge, adjust compasses, drydock with or without cargo
on board, stop for repairs, shift berths, make trail trips
or tests, take fuel or stores, remain in port, lie on
bottom, aground or at anchor, sail with or without pilots,
tow and be towed, and save or attempt to save life or
property, and all of the foregoing are included in the
contract voyage.  The vessel may carry contraband,
explosives, munitions, war like store, hazardous cargo, and
sail armed or unarmed, and with or without convoy.  The
Carrier's sailing schedules are subject to change without
notice, both as a sailing date and date of arrival.  If
this is a Through Bill of Lading, no carrier is bound to
transport the shipment by any particular train, truck,
aircraft or vessel, or in time for any particular market or
otherwise than with reasonable dispatch, no carrier shall
be liable for delay and any carrier shall have the right to
forward the goods by substitute carrier.  
    
    4. In any situation whatsoever and whatsoever occurring
and whether existing or anticipated before commencement of
or during the voyage, which in the judgement of the Carrier
or the Master is likely to give rise to risk of capture,
seizure, detention, damage, delay or disadvantage to or
loss of the vessel or any part of her cargo to make it
unsafe, imprudent or unlawful for any reason to receive,
keep or load the goods or commence or proceed on or
continue the voyage, or to enter or discharge the goods or
disembark passengers at the port of discharge, or the usual
or agreed or intended place of discharge in such port or to
give rise to delay or difficulty in proceeding by the usual
or intended route, the Carrier or the Master may decline to
receive, keep or load the goods or may devan container(s)
contents or any part thereof and may require the Shipper or
other persons entitled thereto, to take delivery of the
goods at the port of shipment and upon failure to do so may
warehouse the goods at the risk and expense of the goods,
or the vessel whether or not proceeding toward or entering
or attempting to enter a port of discharge or reaching or
attempting to reach a usual place of discharge therein or
attempting to discharge the shipment, may discharge the
goods and/or devan the contents of any container(s) at
another port in depot, lighter, craft or other place, or
may forward or trans ship  them as provided in this bill of
lading (Clause 10), or the Carrier or the Master may retain
the goods vanned or unvanned on board until the return of
the vessel to the port of loading or to the port of
discharge or until such time as the Carrier or the Master
is not required to give notice of such devanning or of
discharge of the goods at any place whatsoever as herein
provided.  The Carrier or the Master is not required to
give notice of such devanning or of discharge of the goods
or of the forwarding thereof as herein provided.  When the
goods are discharged from the ship, as herein provided,
they shall be at their risk and expense, such discharging
shall constitute delivery and performance under this
contract and the Carrier shall be freed from any further
responsibility, unless it be shown that any loss or damage
to the goods arose from Carrier's negligence in the
discharge and delivery as herein provided, the burden of
establishing such negligence being on the owner of the
goods.  For any service rendered to the goods as
hereinabove provided or for any delay or expense to the
vessel caused as a result thereof, the Carrier shall be
entitled to a reasonable extra compensation, and shall have
lien on the goods for such charge.   Notice of disposition
of the goods shall be mailed to Shipper or Consignee. 
Goods shut out from the vessel named herein for any cause
may be forwarded on a subsequent vessel of this line or, at
the Carrier's option, on a vessel of another line.  
    
    5. The Carrier shall not be responsible for the sale
and proper stowing of goods in containers if such
containers are loaded with goods by the shipper,
consolidator or inland carrier, and no responsibility shall
attach to the Carrier for any loss or damage caused to
contents by shifting, overloading or improper packing of
the container.  Containers loaded by the shipper,
consolidator or inland carrier shall be properly sealed and
the seal identification reference, as well as the container
reference, shall be shown herein.  The shipper,
consolidator, or inland carrier shall inspect containers
before loading them and loading of the containers shall be
prima facie evidence that the containers were sound and
suitable for use.  The Carrier will not be liable in any
event for the particulars or other packages or pieces as
shown in the Carrier's receipt on the face of this bill of
lading.  The Carrier makes no representation as to the
quantity, weight, or description in the Particulars
Furnished by the Shipper.  
    
    The Shipper, Consignee and/or holder hereof agree to be
liable for, and shall indemnify the Carrier for any injury,
loss or damage, including fines arising from Shipper's
failure to stow the goods properly in containers or to
declare correctly herein any of the particulars furnished
by him, including marks, quantity and description of the
goods, weight and cubic measurement of goods, and the exact
total gross weight of container, also for any kind of
damage or injury caused by the contents of said
container(s) to other property or persons.  
    
    6. The Carrier shall have the right to store goods in
containers and to slow containers on deck unless this bill
of lading is claused "stowed under deck" on the face hereof
by the Carrier.  Containers stowed on deck shall be deemed
for all purposes to be stowed under deck, including General
Average and COGSA.  Special container(s) or cargo space
with refrigeration or heating units shall not be furnished
unless contracted for in writing at time of booking and
freight is charged on the basis of the rates for cargo
requiring such special container(s) or space as provided in
the tariff.  Shipper shall advise Carrier of desired
temperature range when delivering goods to the Carrier and
the Carrier shall exercise due diligence to maintain
desired range within plus or minus 2 degrees F while the
containers are in its custody and control.  The Carrier
does not warrant refrigerating or heating machinery of
containers and shall not be responsible for its operation
or maintenance except while the containers are in the
actual custody and control at which time the Carrier shall
exercise reasonable care in operation or maintenance of
such machinery.
    
    7. Deck cargo (except goods carried in containers on
deck) and live animals are received and carried solely at
Shipper(s) and Consignee's risk (including accident or
mortality of animals) and the Carrier shall not in any
event be liable for any loss or damage thereto arising or
resulting from any matters mentioned in Section 4, Sub
section 2(a) to (p) inclusive of the United States Carriage
of Goods By Sea Act, or from any other cause whatsoever not
due to the fault of the Carrier any warranty of
seaworthiness in the premises being hereby waived and the
burden of proving liability being in all respects upon the
Shipper or Carrier.   Except as provided above such
shipments shall be deemed goods and shall be subject to all
items and provisions in this bill of lading relating to
goods.   
    
    8. If the ship 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 the
servants of the Carrier in the navigation or in the
management of the ship, the owners of the goods carried
hereunder, will indemnify the Carrier against all loss or
liability to the other or non carrying ship or her owners
in so far as such loss or liability represents loss of, or
damage to or any claim whatsoever of the owner of the said
goods , paid or payable by the other or non-carrying vessel
or her owners to the owners of said goods and set off,
recouped or recovered by the other or non carrying vessel
or her owners as part of their claim against the carrying
vessel or Carrier.  
    
    9. General average shall be adjusted, stated and
settled according to York Antwerp Rules 1974 except Rule
XXXII thereof at such port or place as may be selected by
the Carrier, and as to matters not provided by these Rules,
according to the laws and usage at the Port of New York. 
Average agreement or bond and such additional security as
may be required by the Carrier must be furnished before
delivery of the goods.  The Adjustment shall be made by an
adjuster selected by the Carrier from the Association of
Average Adjusters of the U.S.A.and his adjustment shall be
prima facie evidence as against all interests 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,
the Carrier is not responsible by statute, contract or
otherwise, the goods the Shipper and the Consignee shall
contribute with the Carrier in  general average to the
payment any sacrifices, losses of 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 salvaging ship is owned or operated by the
Carrier, salvage shall be paid for as fully and in the same
manner as if such a salvaging ship belonged to strangers. 
Contribution to general average by all interests shall be
paid to the owners even when such average is the result of
fault, neglect or error of the Master pilot or crew.  The
Shippers and Consignees expressly renounce any and all
codes, statutes, laws or regulations which might otherwise
apply.  
    
    10.   Whenever the Carrier or Master may deem it
advisable, or in any case where goods are destined for
port(s) or place(s) at which the ship will not call, the
Carrier  may without notice forward the whole or any part
of the shipment before or after loading at the original
Port of Shipment or any other place or places even though
outside the scope of the voyage or the route to or beyond
the Port of Discharge or the destination of the goods by
water, land or by air or by any combination thereof,
whether operated by the Carrier or others and whether
departing or arriving or scheduled to depart or arrive
before or after the ship is expected to be used for the
transportation of the shipment.  The Carrier may delay
forwarding awaiting a conveyance in its own service with
which it has established connections in all cases where the
shipment is delivered to another carrier, or to another
Lighter Port Authority, Warehouseman, or other Bailee, for
trans shipment, the liability of this Carrier shall
absolutely cease when the goods are out of its exclusive
possession and shall not resume until the goods again come
into its exclusive possession, and the responsibility of
this Carrier during any such period shall be that of an
agent of the Shipper and/or Consignee and this Carrier
shall be without any other responsibility whatsoever.  The
carriage by any trans shipment or on-carrier and all trans
shipping or forwarding shall be subject to all the terms
whatsoever in the regular form of bill of lading,
consignment note, contract or other shipping document used
at the time by such carrier.  
    
    11.   The Carrier's responsibility as carrier for the
goods shall not commence until the goods are safely secured
to the vessel's loading gear at the port of loading
immediately upon arrival of the ship at the Port of
Discharge, the Carrier may without giving notice either of
arrival or discharge, deliver the container(s) or goods
onto any wharf, craft, or place that the Carrier or Port
Authorities may select and continuously Sundays and
Holidays included, in daytime or nighttime, no matter what
the state of the weather or Custom of the port may be.  All
lighterage and use of craft in loading and discharging
shall be at the risk and expense of the goods.  It is
agreed that delivery by the Carrier in any event shall take
place upon discharge from vessel to a safe lighter or dock
and the responsibility of the Carrier in any capacity shall
altogether cease when the goods have been discharged and
possession is received or taken by Customs or other
authorities, or by the operator or person in charge of any
lighter, craft, wharf, store, warehouse, elevator or other
facilities, whether selected by Shipper Consignee or owner
of the goods, or by port authorities or by the Carrier,
unless it be shown that any loss or damage to the goods was
caused by the Carrier's negligence in selecting the lighter
or dock.  The burden of establishing such negligence being
on the Shipper or Consignee.  
    
    12.   Carrier shall not be liable for any consequential
or special damages and shall have the option of replacing
lost goods or repairing damaged goods.  
    
    13.   The Shipper Consignee or cargo owner shall be
liable and shall indemnify the Carrier and vessel and the
Carrier shall have a lien on the goods for all expenses of
operating, repairing or reconditioning the goods, also all
expenses for repairing containers damaged while in the
possession of shipper or consignee and demurrage of
containers, also Shipper's or Consignee's failure to supply
information or otherwise comply with laws and regulations
in connection with the goods.  The Carrier's lien shall
survive delivery and may be enforced by private or public
sale and without notice.  
    
    14.   Since freight is calculated on the basis of
particulars furnished by the Shipper, the Carrier may at
any time inspect the contents of container(s) and examine
the contents of packages, weight, measure and value the
goods in case Shipper's particulars are found to be
erroneous and additional freight is payable, the Shipper,
Consignee and goods shall be liable for all expense
incurred for examining, weighing, measuring and valuing the
goods.  Full freight to destination shall be considered
completely earned on shipment, whether the freight be
stated or intended to be prepaid or to be collected at
destination and the Carrier shall be entitled to all
freight and charges due hereunder, whether actually paid or
not, and to receive and retain them irrevocably under all
circumstances whatsoever, vessel and/or goods lost or not
lost or the voyage broken up or abandoned.   All unpaid
charges shall be paid in full and without any offset,
counterclaim or deduction, in the currency of the United
States, or a Carrier's option, its equivalent in foreign
currency.  The said Carrier shall have a lien on the goods,
which lien shall survive delivery, for all freight and
charges due under this bill of lading and under any
contract preliminary hereto, including dead freight and
demurrage, and for the cost of receiving such freight and
demurrage, and may enforce this lien by public or private
sale and without notice.  The Shipper, Consignee and owner
of the goods shall be jointly and severally liable to the
Carrier for the payment of all freight and charges and the
performance of the obligation of each of them hereunder.  
    
    15.   Neither the Carrier nor its terminal operator or
stevedore shall be liable to answer for or make good any
loss or damage to goods occurring at any time and even
though before loading on or after discharge from the
vessel, by reason or by means of any fire whatsoever,
unless such fire shall be caused by their design or
neglect.  
    
    16.   In case or any loss or damage or in connection
with goods exceeding in actual value the equivalent of $500
lawful money of the United States, per package, or in case
of goods not shipped in package, per shipping unit, the
value of the goods shall be deemed to be $500 per package
or per shipping unit.  The Carrier's liability if any,
shall be determined on the basis of a value of $500 per
package or per shipping unit or pro rate in case of partial
loss or damage, unless the nature of the goods and a
valuation higher than $500 per package of shipping unit
shall have been declared in writing by the Shipper upon
delivery to the Carrier and inserted in this bill of lading
and extra charge paid, in such care of the actual value of
the goods per package or per shipping unit shall exceed
such declared value shall nevertheless be deemed to be
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.  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.  
    
    17.   The Carrier and the vessel shall be discharged
from all liability in respect of loss, damage, or
misdelivery or in respect of any other breach of this
contract, whether occurring before loading, on board or
after discharge, unless suit is brought within one year
after delivery of the shipment on the date when the
shipment should have been delivered.  Suit should not be
deemed brought unless jurisdiction shall have been obtained
over the Carrier and/or the vessel by service of process or
by an agreement to appear.  The Shipper, Consignee holder
hereof or owner of the goods and their assignees, subrogees
or representatives shall file any and all claims directly
with the Carrier or other party responsible for any loss,
damage, injury, expense not occurring on its own ocean
route, nor while the goods are not in its actual custody
and control.  Upon written request, the Carrier will
furnish Shipper, Consignee, holder hereof and/or owner of
the goods with original bills of lading, receipts,
consignment notes or other documents being held for their
benefit which may be required to file claim against any
other carriers or parties.  
    
    18.   Any bookings, freight engagements, dock receipts,
boat notes, interchanges or other agreements relating to
the shipment previously made are superseded by this bill of
lading and the Carrier's Freight Tariff Rules and
Regulations, which shall be deemed incorporated herein as
set forth at length.  The Carrier's freight Tariff Rules
and Regulations are filed with the Maritime Commission,
Washington, D.C. and are also available at any of the
Carrier's offices.  
    
    19.   Nothing in this bill of lading shall operate the
Carrier of any statutory protection or exemption from, or
limitation of liability, contained in the laws of the
United States, or in the laws of any other country which
may be applicable.  This bill of lading shall be construed
according to the laws of the United States and the shipper,
consignee and holder hereof agree that any suits against
the Carrier shall be brought in the Federal Courts of the
United States in the City of New York.  The terms of this
bill of lading shall be separable, and if any part or term
hereof shall be held invalid, such holding shall not effect
the validity or enforceability of any other part or term
hereof.  
    
    20.   If this is a through bill of lading covering a
USA. landbridge movement, all claims shall be filed with
this Carrier which will be responsible for their processing
(a) in accordance with term of the land carriers contracts
and tariffs, where loss or damage occurs while goods are in
custody of a USA land carrier, or (b) in accordance with
terms of this bill of lading where goods are lost or
damaged while in the custody of this Carrier.  All claims
and suits must be commenced within time limits of
applicable contracts and statutes in the event this Carrier
pays a claim, it shall be subrogated to claimant rights
against participating carriers.  When it cannot be
established in event this Carrier pays a claim, it shall be
subrogated to claimant's rights against participating
carriers.  When it cannot be established in whose custody
the goods were when the loss or damage occurred, the loss
or damage shall be deemed to have occurred the sea voyage
while in the custody of this Carrier.

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