Effective	01JUN2019
Filed	01JUN2019
Filing Codes	IC

 JAPAN INTERNATIONAL FREIGHT FORWARDERS ASSOCIATION, INC.
                         (JIFFA)
TERMS AND CONDITIONS OF MULTIMODAL TRANSPORT BILL OF LADING
                         (1993)
    
 1. DEFINITIONS
(1) "Carrier" means the company mentioned on the face here-
of by whom or in whose name the contract of carriage is
concluded with a Merchant and who assumes responsibility
for the performance of the Carriage hereunder.
(2) "Actual Carrier" includes owners and operators of
vessels, stevedores, terminal operators, road, rail and air
transport operators and independent contractors and their
respective servants and agents of whose services the
Carrier procures for the performance of the whole or any
part of the Carriage hereunder.
(3) "Carriage" means the whole or any part of the
operations and services undertaken by the Carrier in
respect of the Goods.
(4) "Container" includes any container (including any open
top, flat rack or platform container), pallet or any other
similar article of transport used to consolidate goods.
(5) "Goods" means the cargo described on the face hereof
and, if the Goods are packed into a Container supplied or
furnished by or on behalf of the Merchant, includes the
Container as well.
(6) "Merchant" includes the Shipper, Consignor, Consignee,
owner and receiver of the Goods and the holder of this Bill
of Lading and anyone acting on behalf of any such person.
    
 2. CLAUSE PARAMOUNT
(1) As far as this Bill of Lading covers the Carriage of
the Goods by sea or inland waterways, this Bill of Lading
shall have effect subject to the provisions of the Inter-
national Carriage of Goods by Sea Act of Japan, enacted
13 June 1957, as amended 3 June 1992, (hereinafter called
the Act), unless it is adjudged that any other legislation
of a nature similar to the International Convention for
the unification of certain rules of law relating to bills
of lading done at Brussels on 25 August 1924 (hereinafter
called the Hague Rules), or by the Protocol to amend the
Hague Rules done at Brussels on 23 February 1968, or, where
applicable, by the Protocol amending the Hague Rules as
amended by the Protcol of 23 February 1968 done at Brussels
on 21 December 1979, mandatorily applies to this Bill of
Lading, in which case it shall have effect subject to the
provisions of such similar legislation (hereinafter called
the Hague-Rules Legislation), and the Act or the Hague-
Rules Legislation shall be deemed to be incorporated
herein.
(2) The Act or the Hague-Rules Legislation shall apply and 
govern before the Goods are loaded on and after they are
discharged from the vessel and throughout the entire time
the Goods are in custody of the Carrier and his servants
or agents or the Actual Carrier within the sea terminal
at the Port of Loading or Port of Discharge.
(3) If any provision herein is held to be inconsistent with
or repugnant to any extent of the Act, the Hague-Rules
Legislation or any other laws, statutes or regulations
mandatorily applicable to the contract evidenced by this
Bill of Lading, such provision shall be null and void to
the extent of such inconsistency or repugnance but no
further.
   
 3. NEGOTIABILITY AND TITLE TO THE GOODS
(1) By accepting this Bill of Lading, the Merchant and its
transferee agree with the Carrier that, unless it is marked
"Non-negotiable" on the face of this Bill of Lading, it
shall be deemed to constitute the title to the Goods
and the Holder, by endorsement of this Bill of Lading,
shall be entitled to receive or to transfer the Goods
mentioned on the face hereof.
(2) This Bill of Lading shall be prima facie evidence of
the taking in charge by the Carrier of the Goods as
described on the face hereof, unless a contrary indication
such as "shipper's weight, load and count", "shipper-packed
container" or similar expressions has been made on the face
hereof.  However, proof to the contrary shall not be ad-
missible when this Bill of Lading has been negotiated or
transferred to a third party acting in good faith.
    
 4. GOVERNING LAW AND JURISDICTION
The contract evidenced by or contained in this Bill of
Lading shall be governed by Japanese law except as may be
otherwise provided for herein, and any action against the
Carrier thereunder shall be brought before the Tokyo
District Court in Japan.
   
 5. CARRIER'S TARIFF
The terms of the Carrier's applicable Tariff are deemed to
be incorporated herein.  Copies of the relevant provisions
of the applicable Tariff are obtainable from the Carrier
upon request.  In the case of inconsistency between this
Bill of Lading and the applicable Tariff, this Bill of
Lading shall prevail.
    
 6. LIMITATION STATUTES
Nothing in this Bill of Lading shall operate to limit or
deprive the Carrier of any statutory protection or
exemption or limitation of liability authorized by any
applicable laws, statutes and regulations of any countries.
    
 7. ISSUANCE OF MULTIMODAL TRANSPORT BILL OF LADING
(1) The Carrier, by the issuance of this Multimodal Trans-
port Bill of Lading undertakes to perform and/or in his own
name to procure the performance of the Carriage from the
place at which the Goods are taken in charge to the place
designated for delivery on the face hereof.
(2) Notwithstanding the heading "Multimodal Transport Bill
of Lading" the provisions set out and referred to herein
shall also apply when the Carriage is performed by one mode
of transport only.
(3) This Bill of Lading is issued as to marks, number,
quantity, weight and volume as furnished by the Shipper who
shall be deemed to have guaranteed the accuracy and
correctness of the contents and description of the Goods at
the time they were taken in charge by the Carrier.  The
Shipper shall indemnify the Carrier against any loss,
damage and expense arising or resulting from inaccuracy,
inadequacy and/or insufficiency of such particulars.  The
right of the Carrier to such indemnity shall in no way
limit his responsibility and liability under this Bill of
Lading to any person other than the Shipper.
   
 8. METHODS AND ROUTES OF CARRIAGE
(1) The Carrier may at any time and without notice to the
Merchant:
(a) use any means of transport or storage whatsoever;
(b) transfer the Goods from one conveyance to another
including transshipping or carrying the same on another
vessel than that named on the face hereof;
(c) unpack and remove the Goods which have been packed
into a Container and forward them in a Container or other-
wise;
(d) load and unload the Goods at any place or port (whether
or not being the port named as the Port of Loading or Port
of Discharge on the face hereof) and store the Goods at
any such place or port; or
(e) comply with any orders, directions 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 any
insurance on any conveyance employed by the Carrier the
right to give orders or directions.
(2) The liberties set out in the preceding paragraph may
be invoked by the Carrier for any purpose whatsoever
whether or not connected with the Carriage of the Goods.
Anything done in accordance with the preceding paragraph or
any delay arising therefrom shall be deemed to be within
the contractual Carriage and shall not be a deviation.
    
 9. INSPECTION OF GOODS
(1) The Carrier shall be entitled, but under no obligation,
to open any Container or package at any time and to inspect
the contents.  If it thereupon appears that the contents
or any part thereof 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 such package or Container or its contents or any part
thereof, the Carrier may abandon the Carriage thereof
and/or take any measures and/or incur any additional
expense to carry or to continue the Carriage or to store
the same ashore or afloat 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 Carrier against any expense so incurred.
(2) If by order of the authorities at any place, a
Container has to be opened for the contents to be
inspected, the Carrier shall not be liable for any loss,
damage or any other consequences as a result of any
opening, unpacking, inspection or repacking.  The Carrier
shall be entitled to recover the cost of such opening,
unpacking, inspection and repacking from the Merchant.
   
10. CONTINGENCIES
(1) If at any time the performance of the Carriage
hereunder is or is likely to be affected by any hindrance,
danger or disturbance of whatsoever kind which cannot be
avoided by exercise of reasonable endeavors, the Carrier
may, whether or not the Carriage is commenced, without
notifying the Merchant, treat the Carriage as terminated
and discharge, land, store or take any other necessary
means whatsoever on the Goods or any part thereof and place
them at the Merchant's disposal at any place or port which
the Carrier may deem safe and convenient whereupon the
responsibility of the Carrier in respect of such Goods
shall cease.  In such case, the discharge, landing and
storing and any means whatsoever taken shall constitute
complete and final delivery and full performance of the
Carriage hereunder, and the Carrier shall be discharged
from any further responsibility of the Goods.
(2) The situations referred to in the preceding paragraph
shall include, but not limited to, those caused by the
existence or apprehension of war, declared or undeclared,
hostilities, warlike or belligerent acts or operations,
riots, civil commotions or other disturbances; or interdict
or prohibition of or restriction on commerce or trading;
quarantine, sanitary or other similar regulations or
restrictions; strikes, lockouts or other labor troubles
whether partial or general and whether or not involving
employees of the Carrier or any Actual Carrier; congestion
of port, wharf, sea terminal or any other place; shortage,
absence or obstacles of labor or facilities for loading,
discharge, delivery or other handling of the Goods;
epidemics or diseases; bad weather or any other obstacles
to the Carriage of the Goods.
(3) In case of the preceding paragraphs, the Carrier shall
be entitled to all freight and other charges due and the
Merchant shall be liable for payment of all freight to
the Port of Discharge or place of landing or for any other
expenses incurred at such port or place as a result of the
discharge, landing, storing or other means whatsoever taken
by the Carrier in relation to the Goods.
    
11. OPTIONAL STOWAGE AND DECK CARGO
(1) The Goods may be packed by the Carrier in any Container
and consolidated with Goods of other Merchants for
Carriage.
(2) Any Goods whether packed in Containers or not, may be
carried on deck or under deck without notice to the
Merchant unless on the face hereof it is specifically
stipulated that the Containers or Goods will be carried
under deck.  If carried on deck, the Carrier shall not be
required to note, mark or stamp on the Bill of Lading any
statement of such on deck carriage.  Subject to Paragraph
(3) below, such Goods whether carried on deck or under deck
and whether or not stated to be carried on deck shall
participate in general average and shall be deemed to be
within the definition of goods for the purpose of the Act
or of the Hague-Rules Legislation as provided for in Clause
2 hereof. 
(3) Any Goods which are stated herein to be carried on
deck, 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
whether caused by unseaworthiness or negligence or any
other cause whatsoever.
    
12. DANGEROUS GOODS AND CONTRABAND
(1) The Merchant undertakes not to tender for Carriage any
Goods which are of a dangerous, inflammable, radioactive
or damaging nature without previously giving written notice
of their nature to the Carrier and without the express con-
sent in writing of the Carrier and without marking the
Goods and the Container or other covering on the outside
as required by any laws, regulations or by reason of inter-
national convention relating to the carriage of goods of a
dangerous nature.
(2) If the requirements of the preceding paragraph are
not complied with, or if the Goods are found to be contra-
band or prohibited by any laws or regulations of the port
of loading, discharge or call or any place 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 Goods.  Further, the Carrier shall be under no
liability to make general average contribution in respect
of such Goods.  
(3) If the Goods of dangerous, inflammable, radioactive,
or damaging nature, which was tendered in compliance with
Paragraph (1) above, shall become a danger to the vessel,
cargo or any other property or person, such Goods may in
like manner be discharged, destroyed or rendered harmless
without compensation.
(4) Whether or not the Merchant was aware of the nature of
the Goods, the Merchant shall indemnify the Carrier against
all claims, losses, damages, or expenses, or personal
injury or death, arising in consequence of the Carriage of
such Goods.
    
13. HEAVY LIFT
(1) The weight of a single piece of package exceeding one
metric ton gross must be declared by the Merchant in
writing before receipt by the Carrier and must be marked
clearly and durably on the outside of the piece or package
in letters and numbers not less than five centimeters high.
(2) In case of the Merchant's failure in his obligation
under the preceding paragraph, the Carrier shall not be
responsible for any loss of or damage to the Goods and the
Merchant shall be responsbile for loss of or damage to any
property or for personal injury or death arising as a
result of the Merchant's said failure and shall indemnify
the Carrier against loss or liability suffered or incurred
by the Carrier as a result of such failure.
    
14. AUTOMOBILE AND OTHER UNPACKED GOODS
The term apparent good order and condition with reference
to any automobile, rolling stock, tractor, machinery and
other unpacked goods does not mean that the condition of
the Goods when received were free of any dent, scratch,
hole, cut and bruise that could not have been found by
ordinary care and diligence.  The Carrier shall in no event
be liable for such conditions.
   
15. IRON, STEEL AND METAL PRODUCTS
Superficial rust, oxidation, moisture or any like condition
of any iron, steel or metal products is not a condition of
damage but is inherent to the nature of the Goods and
acknowledgement of receipt of the Goods in apparent good
order and condition does not mean that the Goods when re-
ceived were free of visible rust, oxidation or moisture.
The Carrier shall in no event be liable for loss or damage
arising out of or resulting from such inherent nature of
the Goods.
    
16. LIVE ANIMALS AND PLANTS
Live animals and plants, when accepted for Carriage, are
received, loaded, tended, stowed, carried, discharged and
delivered entirely and absolutely at the sole risk of the
Merchant and without any warranty or undertaking whatsoever
by the Carrier that the vessel and other means of transport
are seaworthy, fitted, manned, equipped and supplied for
their reception, carriage and preservation of such Goods.
   
17. TEMPERATURE CONTROLLED GOODS
(1) The Merchant undertakes not to tender any goods for
Carriage which require temperature control without
previously giving written notice of their nature and
particular temperature range to be maintained and, in case
of a temperature controlled Container packed by or on
behalf of the Merchant, further undertakes that the Goods
have been properly packed in the Container and that its
thermostatic controls have been adequately 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
howsoever arising.
(2) The Carrier shall not be liable for any loss of or
damage to the Goods arising from latent defects, derange-
ment, breakdown, stoppage or malfunction of the temperature
controlling machinery, plant, 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 temperature controlled Container in an
efficient state.
   
18. VALUABLE GOODS
The Carrier shall not be responsible to any extent for any
loss of or damage to platinum, gold, silver, jewelry,
precious metals, radioisotope, precious chemicals, bullion,
specie, currencies, negotiable instruments, securities,
writing, documents, pictures, embroideries, works of art,
curios, heirlooms, collections of every nature or any
other valuable goods whatsoever including goods having
particular value only for the Merchant unless the true
nature and value of the Goods are declared in writing by
the Merchant before receipt of the Goods and the same are
inserted on the face hereof and ad valorem freight is pre-
paid thereon.
    
19. DELIVERY OF GOODS
(1) Any mention herein of parties to be notified of the
arrival of the Goods is solely for the information of the
Carrier, and failure to give such notification shall not
involve the Carrier in any liability nor relieve the
Merchant of any obligation hereunder.
(2) 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 unpack the Goods if packed in Containers and/or
to store the Goods ashore, afloat, in the open or under
cover, at the sole risk of the Merchant.  Such storage
stall constitute due delivery hereunder, and, thereupon,
the liability of the Carrier in respect of the Goods or
that part thereof stored as aforesaid shall wholly cease
and the costs and expenses of such storage (if payable
by the Carrier or his agent or any Actual Carrier) shall
forthwith be paid by the Merchant upon demand of the
Carrier.
    
20. DELIVERY BY MARKS
(1) The Carrier shall not be liable for failure of or delay
in delivery in accordance with marks unless such marks
shall have been clearly and durably stamped or marked upon
the Goods, packages or containers by the Merchant before
the Goods are received by the Carrier in letters and
numbers not less than five centimeters high together with
the name of the Port of Discharge.
(2) In no circumstances shall the Carrier be responsible
for delivery of the Goods in accordance with other than
leading marks.
    
21. SPECIAL DELIVERY OF GOODS
(1) In case the Goods received by the Carrier are
Containers into which contents have been packed by the
Merchant, the Carrier shall only be responsible for
delivery of the total number of Containers as shown on the
face hereof; provided that, at the absolute discretion and
on condition that the Carrier shall not be liable for any
shortage, loss, damage or discrepancies of the Goods which
are found upon unpacking the Containers, the Containers may
be opened and the contents thereof delivered in accordance
with the brands, marks, numbers, sizes or types of packages
or pieces.
(2) In case the Goods have been packed into Containers by
the Carrier, the Carrier shall unpack the Containers and
deliver the contents thereof; provided that, at the
absolute discretion of the Carrier the Goods may be
delivered in Containers to the Merchant, in which case if
the Containers are delivered with seals intact by the
Carrier, such delivery shall be deemed as full and complete
performance and the Carrier shall not be responsible for
any loss of or damage to the contents of the Containers.
   
22. LIABILITY OF THE CARRIER
(1) The Carrier shall be liable for loss of or damage to
the Goods occurring from the time when the Carrier receives
the Goods for Carriage until the time of delivery, only
to the extent set out below.
(2) The Carrier shall be relieved of liability for any loss
or damage, if such loss, damage or delay in delivery was
caused by:
(a) the wrongful act or neglect of the Merchant;
(b) compliance with the instructions of the person entitled
to give them;
(c) inherent vice or nature of the Goods;
(d) insufficiency of packing or inadequacy of marks;
(e) defect of the Container used to consolidate the Goods
if supplied by the Merchant;
(f) handling, loading, stowage into or discharge from
Container by the Merchant;
(g) war, warlike operations, riots, civil commotions and
strikes or lockouts or stoppage or restraint of labor from
whatever cause, whether partial or general; or
(h) any cause or event which the Carrier could not avoid
and the consequence whereof the Carrier could not prevent
by the exercise of due diligence.
(3) If the stage of the Carriage during which the loss or
damage occurred is known, notwithstanding anything provided
for otherwise herein, the liability of the Carrier shall be
determined by the provisions contained in any international
convention or mandatory national law which provisions:
(a) cannot be departed from by private contract to the
detriment of the Merchant, or
(b) would have applied if the Merchant had made a separate
and direct contract with the carrier in respect of the
particular stage of the Carriage during which the loss or
damage occurred and received as evidence thereof any
particular document which must be issued in order to make
such international convention or national law applicable.
(4) If it can be proved that the loss or damage occurred
during inland carriage while the Goods were in custody of
an Actual Carrier, the liability of the Carrier and the
limitation thereof shall be determined in accordance with
the Actual Carrier's contract of carriage or tariff, or
where such contract or tariff does not exist, the limit
shall be as set out in Clause 23 hereunder.
(5) If it cannot be proved where the loss or damage
occurred, the loss or damage shall be deemed to have
occurred in the course of Carriage by sea and the Carrier
shall be liable to the extent prescribed by the Act or
applicable Hague-Rules Legislation, as the case may be,
as provided for in Clause 2 hereof.
   
23. LIMITATION OF LIABILITIES
(1) When the Carrier is liable for compensation in respect
of any loss of or damage to the Goods, it is agreed with
the Merchant that such compensation shall be calculated by
reference to the value of the Goods at the place and time
they are delivered to the Merchant, or at the place and
time they should have been delivered.  For the purpose of
determining the extent of the Carrier's liability for loss
of or damage to the Goods, the sound value of the Goods
is presumed to be the Merchant's invoice value of the Goods
plus freight, charges and insurance, if paid.
(2) The Carrier shall in no event be or become liable for
any loss of or damage, whatsoever and howsoever arising,
to the Goods in an amount exceeding the equivalent of
666.67 Units of Account per package or unit or 2 Units
of Account per kilogram of gross weight of the Goods lost
or damaged, whichever is the higher.
(3) Higher compensation may be claimed only when, with
the consent of the Carrier, the value of the Goods declared
by the Shipper prior to the commencement of the Carriage,
which exceeds the limits laid down in this Clause, has been
inserted on the face hereof in the space provided and extra
freight paid, in which case such declared value shall be
the limit and any partial loss or damage shall be adjusted
pro rata on the basis of such declared value.
(4) The Units of Account mentioned in Paragraph 2 above
is the Special Drawing Right (SDR) as defined by the
International Monetary Fund.  The amounts mentioned in
Paragraph (2) above shall be converted into national
currency on the basis of the value of that currency on a
date to be determined by the law of the court seized of
the case.
(5) When the Goods have been packed into a Container by or
on behalf of the Merchant, and when the number of packages
or units packed into the Container is not enumerated on the
face hereof, each Container including the entire contents
thereof shall be considered as one package for the purpose
of application of the Carrier's limitation of liability.
(6) The Carrier does not undertake that the Goods shall
arrive at the Port of Discharge or Place of Delivery at any
particular time or in time to meet any particular market or
use and the Carrier shall not be responsible for any
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 Carriage.
   
24. DEFENSES
The defenses and limits of liability provided herein shall
apply in any action against the Carrier for loss of or
damage to the Goods or delay in delivery whether the
action be founded in contract, in tort or otherwise.
   
25. LIABILITY OF SERVANTS, AGENTS AND OTHER PERSONS
(1) If an action for loss of or damage to the Goods is
brought against any servants or agents of the Carrier or
other persons including, but not limited to, Actual
Carriers or their servants or agents, of whose services the
Carrier procures for the performance of the Carriage
evidenced by the terms and conditions herein, such
servants, agents or other persons shall be entitled to
avail themselves of the defenses and limits of liability
which the Carrier is entitled to invoke hereunder, and in
entering into this Contract the Carrier, to the extent of
those provisions, does so not only on his behalf but also
as agent and trustee for such servants, agents or other
persons.  The aggregate of the amounts recoverable from the
Carrier and such servants, agents or other persons and
their servants and agents shall in no case exceed the
limits provided herein.
(2) The Merchant shall indemnify the Carrier for any claim
which may be made upon the Carrier by such servants, agents
or other persons and their servants and agents in relation
to the claims made against them by the Merchant.
   
26. NOTICE OF CLAIM AND TIME BAR
(1) Unless notice of loss of or damage to the Goods and the
general nature of it is given in writing to the Carrier or
his agent 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 seven
consecutive days thereafter, such removal shall be prima
facie evidence of the delivery by the Carrier of the Goods
described in this Bill of Lading.
(2) The Carrier shall be discharged from all liability
under this Bill of Lading unless suit is brought within
nine months after delivery of the Goods or the date when
the Goods should have been delivered.  In the event such
time period shall be found to be contrary to any inter-
national convention or mandatory national law, the period
covered by such convention or mandatory national law shall
then apply but in that circumstance only.
    
27. MERCHANTS RESPONSIBILITY
(1) The Merchant warrants that in agreeing to the terms
and conditions hereof, he is, or has the authority of,
the person owning or entitled to the possession of the
Goods and this Bill of Lading.
(2) All of the persons coming within the definition of
Merchant in Clause 1 shall be jointly and severally liable
to the Carrier for the due fulfillment of all obligations
undertaken by the Merchant in this Bill of Lading.
(3) 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 (including freight for any additional
Carriage undertaken) incurred or suffered by reason of
failure to comply, or by reason of any illegal, incorrect
or insufficient marking, numbering or addressing of the
Goods, and shall indemnify the Carrier in respect thereof.
    
28. MERCHANT PACKED CONTAINERS
(1) If a Container has not been packed by the Carrier,
this Bill of Lading shall be a receipt only for the
Container and the Carrier shall not be liable for any loss
of or damage to the contents and the Merchant shall
indemnify the Carrier against any injury, loss, damage,
liability or expense incurred by the Carrier 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;
(b) the unsuitability of the contents for carriage by
Containers; or
(c) the unsuitability or defective condition of the
Container which would have been apparent upon reasonable
inspection by the Merchant at or prior to the time the
Container was filled, packed, stuffed or loaded.
(2) The Merchant shall inspect any Container before packing
the contents into the Container and the use of the
Container shall be prima facie evidence of the Container
being sound and suitable for use.
(3) If the Container is delivered by the Carrier with seals
intact, such delivery shall be deemed as full and complete
performance of the Carrier's obligation hereunder and the
Carrier shall not be liable for any loss of or damage to
the contents of the Container.
    
29. CARRIER'S CONTAINER
(1) The Merchant shall assume full responsibility for and
shall indemnify the Carrier against any loss of or damage
to any Container or other equipment furnished or arranged
by the Carrier for the Merchant which occurs while in the
possession or control of the Merchant, its agent or its
inland carrier engaged by or on behalf of the Merchant.
(2) The Carrier shall in no event be liable for and the
Merchant shall indemnify and hold the Carrier harmless
from and against any loss of or damage to the Container
or equipment and the property of other persons or injuries
to or death of any other person caused by the Carrier's
Container or contents thereof during handling by, or while
in the possession or control of the Merchant, its agent or
inland carrier engaged by or on behalf of the Merchant.
(3) If any Container furnished or arranged by the Carrier
is unpacked at the Merchant's premises, the Merchant shall
be responsible for returning the empty Container, with
interior brushed and cleaned, to the point or place
designated by the Carrier within the time prescribed.
Should a Container not be returned within the time
prescribed by the Carrier, the Merchant shall be liable for
any detention, loss or expenses which may arise from such
nonreturn.  
    
30. FREIGHT AND CHARGES
(1) Full freight to the place of delivery mentioned on the
face hereof shall be considered as completely earned on
receipt of the Goods, whether the freight be stated to be
prepaid or be collected at the destination and all charges
due hereunder against the Goods shall be paid to the
Carrier as soon as they have incurred.
(2) The Carrier shall be entitled to all freight and other
charges due, whether actually paid or not, under any
circumstances whatsoever, whether the vessel or other means
of transport or the Goods be lost or not, or the voyage or
the Carriage be broken up or frustrated or abandoned.
The Merchant shall make payment of all freight and other
charges in cash without any offset, counterclaim or
deduction.
(3) The Merchant shall be liable for and indemnify the
Carrier for any mending, baling, repairs or replacement
of packages resulting from insufficiency of packing or
from excepted perils, and expenses incurred in fumigating,
protecting, caring for, regaining possession of or
otherwise made for the benefit of the Goods.
(4) Any dues, duties, taxes and charges that may be levied
on any basis such as the amount of freight, weight of the
Goods or tonnage of the carrying vessel or on other means
of transport shall be paid by the Merchant.
(5) The Merchant shall be responsible for all fines and
losses which the Carrier may incur from the Merchant's
failure to load the Goods or in part on the vessel or other
means of transport from any cause whatsoever.
(6) The freight has been calculated on the basis of the
particulars furnished by or on behalf of the Shipper.  If
the particulars furnished by or on behalf of the Shipper
are incorrect, it is agreed that a sum equal to double
the correct freight less the freight charged shall be
payable as liquidated damages to the Carrier.
(7) The Shipper, Consignee, owner of the Goods and Holder
of this Bill of Lading shall be jointly and severally
liable to the Carrier for the payment of all freight and
charges and for the performance of the obligation of each
of them hereunder.
    
31. LIEN
(1) The Carrier shall have a lien on the Goods and any
documents relating thereto for all sums payable to the
Carrier under this contract and/or any other contract
and for general average contributions to whomsoever due
and for the cost 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.  If on sale of the Goods,
the proceeds fail to cover the amount due and the cost
incurred, the Carrier shall be entitled to recover the
deficit from the Merchant.
(2) If the Goods are unclaimed during a reasonable time,
or whenever in the Carrier's opinion, the Goods will become
deteriorated, decayed or worthless, the Carrier may, at
his discretion and subject to his lien and without any
responsibility attaching to him, sell, abandon or otherwise
dispose of such Goods solely at the risk and expense of
the Merchant.
    
32. GENERAL AVERAGE
(1) General Average shall be adjusted, stated and settled
at the port or place where the carrying vessel and/or her
owner shall decide according to the York-Antwerp Rules of
1974, as amended 1990 or any modification thereof, and any
other rules, laws and usage of the port or place of the
adjustment as may be stated in the ocean bill of lading
issued for the Goods.  Such cash deposit as the Carrier
or the owner of the vessel may deem sufficient to cover the
estimated contribution of the Goods and any salvage and
special charges thereon shall be made by the Merchant to
the Carrier or the owner of the vessel, if required, before
delivery of the Goods.
(2) If the Carrier delivers the Goods without obtaining
security for general average contributions, the Merchant,
by taking delivery of the Goods, undertakes responsibility
to pay such contributions and to provide such cash deposit
or other security for the estimated amount of such contrib-
utions as the Carrier shall require.
    
33. BOTH-TO-BLAME COLLISION AND NEW JASON CLAUSE
The both-to-blame collision clause and New Jason Clause
provided for in the ocean bill of lading issued for the
Goods by the owner or the operator of the carrying vessel
shall be available to the Carrier and be deemed to be
incorporated herein and constitute a part hereof with the
same force and effect as if fully set forth herein.
    
34. VARIATION OF THE CONTRACT
No servant or agent of the Carrier shall have the power to
waive or vary any of the terms of this Bill of Lading,
unless such waiver or variation is in writing and is
specifically authorized or ratified in writing by the
Carrier.
    
35. U.S.A. LOCAL CLAUSE
(1) If the Carriage covered by this Bill of Lading includes
Carriage to or from or through a port or place in the
United States of America, this Bill of Lading shall be
subject to the Carriage of Goods by Sea Act of the United
States of America approved 16 April 1936 (U.S. COGSA) of
which terms shall be deemed to be incorporated herein and
shall be paramount throughout Carriage by sea or inland
waterways and the entire time that the Goods are in the
actual custody of the Carrier or any Actual Carrier at the
sea terminal in the United States of America before loading
on or after discharge from the Vessel, as the case may be.
(2) If U.S. COGSA applies, the liability of the Carrier
shall not exceed U.S. $500 per package or customary freight
unit, unless the nature and value of the Goods have been
declared on the face hereof, in which case Clause 23 shall
apply.
(3) The Carrier shall not be liable in any capacity what-
soever for loss, damage or delay to the Goods while the
Goods are in the United States of America away from the
sea terminal and are not in the actual custody of the
Carrier.  The responsibility of the Carrier shall be to
procure, as agent, transportation by inland carriers (one
or more) and such transportation shall be subject to the
inland carrier's contract of carriage and tariffs and any
law mandatorily applicable.  The Carrier guarantees the
fulfillment of such inland carrier's obligation under their
contracts and tariffs.  If, for any reason, the Carrier
is denied the right to act as agent only at these times,
the Carrier's liability for loss, damage or delay to the
Goods shall be determined in accordance with Clause 22 and
Clause 23 hereof.

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