RULE: 8 - BILL(S) OF LADING Eff: 09MAR2006

Effective 09MAR2006
Filed 09MAR2006
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:
     
COMBINED TRANSPORT BILL OF LADING
          
Notwithstanding the heading "Combined Transport Bill of
Lading," the provisions set out and referred to in this
document shall also apply if the transport as described on
the face of the Bill of Lading is performed by one mode of
transport only.  These provisions constitute a contract
between Merchant and Carrier.
          
1) CLAUSE PARAMOUNT:
All carriage under this Bill of Lading to or from the
United States shall have effect subject to the provisions
of the Carriage of Goods by Sea Act of the United States,
46 U.S.C. sections 1300-1315 (hereafter, "COGSA").  All
carriage to and from other States shall be governed by the
law of any state making the Hague Rules or Hague-Visby
Rules compulsorily applicable to this Bill of Lading or if
there be no such law, in accordance with the Hague Rules. 
The provisions of applicable law as set forth above shall
apply to carriage of goods by inland waterways and
reference to carriage by sea in such Rules or legislation
shall be deemed to include reference to inland waterways. 
Except as may be otherwise specifically provided herein,
said law shall govern before the goods are loaded on and
after they are discharged from the vessel whether the goods
are carried on deck or under deck and throughout the entire
time the goods are in the custody of the carrier.
          
(2) DEFINITIONS:
2.1 "Ship" means the vessel named in this Bill of Lading,
or any conveyance owned, chartered, towed or operated by
Carrier or used by Carrier for the performance of this
contract.
          
2.2 "Carrier" means TMO Global Logistics, LLC, on
whose behalf this Bill of Lading has been signed.
          
2.3 "Merchant" includes the Shipper, the Receiver, the
Consignor, the Consignee, the Holder of this Bill of Lading
and any person having a present or future interest in the
Goods or any person acting on behalf of any of the
above-mentioned persons.
          
2.4 "Package" is the largest individual unit of partially
or completely covered or contained cargo made up by or for
the Shipper which is delivered and entrusted to Carrier,
including palletized units and each container stuffed and
sealed by the Shipper or on its behalf, although the
Shipper may have furnished a description of the contents of
such sealed container on this bill of lading.
          
2.5 "Container" includes any container, trailer,
transportable tank, lift van, flat, pallet, or any similar
article of transport used to consolidate goods.
          
2.6 "Carrier's container or carrier's equipment" includes
containers or equipment owned, leased or used by Carrier in
the transportation of Merchant's goods.
          
2.7 "Goods" mean the cargo described on the face of this
Bill of Lading and, if the cargo is packed into container(s)
supplied or furnished by or on behalf of the Merchant,
include the container(s) as well.
          
(3) SUBCONTRACTING:
Carrier shall be entitled to subcontract directly or
indirectly on any terms the whole or any part of the
handling, storage, or carriage of the goods and all duties
undertaken by Carrier in relation to the goods.  Every
servant, agent, subcontractor (including sub-contractors),
or other person whose services have been used to perform
this contract shall be entitled to the rights, exemptions
from, or limitations of, liability, defenses and immunities
set forth herein.  For these purposes, Carrier shall be
deemed to be acting as agent or trustee for such servants,
agents, subcontractors, or other persons who shall be
deemed to be parties to this contract.
          
(4) ROUTE OF TRANSPORT:
Carrier is entitled to perform the transport in any
reasonable manner and by any reasonable means, methods and
routes.  The Ship shall have the liberty, either with or
without the goods on board, to at any time, adjust
navigational instruments, make trial trips, dry dock, go to
repair yards, shift berths, take in fuel or stores, embark
or disembark any persons, carry contraband and hazardous
goods, sail with or without pilots and save or attempt to
save life or property.  Delays resulting from such
activities shall not be deemed a deviation.
          
(5) HINDRANCES AFFECTING PERFORMANCE:
5.1 Carrier shall use reasonable endeavors to complete
transport and to deliver the goods at the place designated
for delivery.
          
5.2 If at any time the performance of this contract as
evidenced by this Bill of Lading in the opinion of Carrier
is or will be affected by any hindrance, risk, delay,
injury, difficulty or disadvantage of any kind, including
strike, and if by virtue of the above it has rendered or is
likely to render it any way unsafe, impracticable,
unlawful, or against the interest of Carrier to complete
the performance of the contract, Carrier, whether or not
the transport is commenced, may without notice to Merchant
elect to: (a) treat the performance of this contract as
terminated and place the goods at Merchant's disposal at
any place Carrier shall deem safe and convenient, or (b)
deliver the goods at the place of delivery.  In any event,
Carrier shall be entitled to, and Merchant shall pay, full
freight for any goods received for transportation and
additional compensation for extra costs and expenses
resulting from the circumstances referred to above.
          
5.3 If, after storage, discharge, or any actions according
to sub-part 5.2 above Carrier makes arrangements to store
and/or forward the goods, it is agreed that he shall do so
only as agent for and at the sole risk and expense of
Merchant without any liability whatsoever in respect of
such agency. 
          
5.4 Carrier, in addition to all other liberties provided
for in this Article, shall have liberty to comply with
orders, directions, regulations or suggestions as to
navigation or the carriage or handling of the goods or the
ship howsoever given, by any actual or purported government
or public authority, or by any committee or person having
under the terms of any insurance on the Ship, the right to
give such order, direction, regulation, or suggestion.  If
by reason of and/or in compliance with any such order,
direction, regulation, or suggestions, anything is done or
is not done the same shall be deemed to be included within
the contract of carriage and shall not be a deviation.
          
(6) BASIC LIABILITY:
6.1 Carrier shall be liable for loss of or damage to the
goods occurring between the time when it takes goods into
its custody and the time of delivery but shall not be
liable for any consequential or special damages arising
from such loss or damage.
          
6.2 If it is established that the loss of or damage to the
goods occurred during sea carriage or during carriage
by land in the United States, liability shall be governed
by the legal rules applicable as provided in Section 1 of
this Bill of Lading.
          
6.3 Notwithstanding Section 1 of this Bill of Lading, if
the loss or damage occurred outside of the United States
not during sea carriage and it can be proved where the loss
or damage occurred, the liability of Carrier in respect of
such loss or damage shall be determined by the provisions
contained in any international convention or national law,
which provisions:
          
(a) cannot be departed from by private contract to the
detriment of Merchant, and
          
(b) would have applied if Merchant had made a separate and
direct contract with Carrier in respect of the particular
stage of transport where the loss or damage occurred and
received as evidence thereof any particular document which
must be issued in order to make such international
convention or national law applicable,
          
(c) where (a) or (b) above do not apply, any liability of
Carrier shall be limited to the amount provided in
accordance with Section 7.1 of this Bill of Lading.
          
6.4 If it cannot be determined when the loss of or damage
to the goods occurred, liability shall be governed as
provided in Section 6.2 above.
          
6.5 Carrier does not undertake that the goods shall be
delivered at any particular time or for any particular
market and shall not be liable for any direct or indirect
losses caused by any delay.
          
6.6 Carrier shall not be liable for any loss or damage
arising from:
          
(a) an act or omission of Merchant or person other than
Carrier acting on behalf of Merchant from whom Carrier took
the goods in charge,
          
(b) compliance with the instructions of any person
authorized to give them, 
          
(c) handling, loading, stowage or unloading of the goods by
or on behalf of Merchant,
          
(d) inherent vice of the goods,
          
(e) lack or insufficiency of or defective condition of
packing in the case of goods, which by their nature are
liable to wastage or damage when not packed or when not
properly packed,
          
(f) insufficiency or inadequacy of marks or numbers on the
goods, coverings or unit loads,
          
(g) fire, unless caused by actual fault or privity of
Carrier,
          
(h) any cause or event which Carrier could not avoid and
the consequences of which he could not prevent by the
exercise of due diligence.
          
6.7 When Carrier pays claims to Merchant, Carrier shall
automatically be subrogated to all rights of Merchant
against all others, including Inland Carriers, on account
of the losses or damages for which such claims are paid.
          
6.8 The defenses and limits of liability provided for in
this Bill of Lading shall apply in any action or claim
against Carrier relating to the goods, or the receipt,
transportation, storage or delivery thereof, whether the
action be founded in contract, tort or otherwise.
          
(7) COMPENSATION FOR LOSS AND DAMAGE:
7.1 Unless otherwise mandated by compulsorily applicable
law, Carrier's liability for compensation for loss of or
damage to goods shall in no case exceed the amount of
US$500 per package or per customary freight unit, unless
Merchant, with the consent of Carrier, has declared a
higher value for the goods in the space provided on the
front of this Bill of Lading and paid extra freight per
Carrier's tariff, in which case such higher value shall be
the limit of Carrier's liability.  Any partial loss or
damage shall be adjusted pro rata on the basis of such
declared value.  Where a container is stuffed by Shipper or
on its behalf, and the container is sealed when received by
Carrier for shipment, Carrier's liability will be limited
to US$500 with respect to the contents of each such
container, except when the Shipper declares the value on
the face hereof and pays additional charges on such
declared value as stated in Carrier's tariff.  The freight
charged on sealed containers when no higher valuation is
declared by the Shipper is based on a value of US$500 per
container, However, Carrier shall not, in any case, be
liable for an amount greater than the actual loss to the
person entitled to make the claim.  Carrier shall have the
option of replacing lost goods or repairing damaged goods.
          
7.2 In any case where Carrier's liability for compensation
may exceed the amounts set forth in Section 7.1 above,
compensation shall be calculated by reference to the value
of the goods, according to their current market price, at
the time and place they are delivered, or should have been
delivered, in accordance with this contract.
          
7.3 If the value of the goods is less than US$500 per
package or per customery freight unit, their value for
compensation purposes shall be deemed to be the invoice
value, plus freight and insurance, if paid.
          
7.4 Carrier shall not be liable to any extent for any loss
of or damage to or in connection with precious metals,
stones, or chemicals, jewelry, currency, negotiable
instruments, securities, writings, documents, works or art,
curios, heirlooms, or any other valuable goods, including
goods having particular value only for Merchant, unless the
true nature and value of the goods have been declared in
writing by Merchant before receipt of the goods by the
Carrier or Inland Carrier, the same is inserted on the face
of this Bill of Lading and additional freight has been paid
as required.
          
7.5 Carrier will not arrange for insurance on the goods
except upon express instructions from the Consignor and
then only at Consignor's expense and presentation of a
declaration of value for insurance purposes prior to
shipment.
          
(8) DESCRIPTION OF GOODS AND INFORMATION TO U.S CUSTOMS:
Carrier is responsible for transmitting information to U.S.
Customs prior to lading of the Goods including, without
limitation, precise commodity descriptions, numbers and
quantities of the lowest external packaging unit, the
shipper's complete name and address, the consignee's or the
owner's or owner's representative's complete name and
address, hazardous materials codes, and container seal
numbers.  For this, and other purposes, Carrier relies on
information provided by Merchant in a timely fashion. 
Merchant warrants to Carrier that all particulars of the
goods, including, without limitation, the precise
descriptions, marks, number, quantity, weight, seal
numbers, identities of shipper and consignee and hazardous
materials codes furnished by Merchant are correct and
Merchant shall indemnify Carrier against all claims,
penalties, losses or damages arising from any inaccuracy.
          
(9) CARRIER'S CONTAINERS:
If goods are not received by Carrier already in containers,
Carrier may pack them in any type container.  Merchant
shall be liable to Carrier for damage to Carrier's
containers or equipment if such damage occurs while such
equipment is in control of Merchant or his agents. 
Merchant indemnifies Carrier for any damage or injury to
persons or property caused by Carrier's containers or
equipment during handling by or when in possession or
control of Merchant.
          
(10) CONTAINER PACKED BY MERCHANT:
If Carrier receives the goods already packed into
containers:
          
1.  This bill of Lading is prima facie evidence of the
receipt of the particular number of containers set forth,
and that number only.  Carrier accepts no responsibility
with respect to the order and condition of the contents of
the containers;
          
2.  Merchant warrants that the stowage and seals of the
containers are safe and proper and suitable for handling
and carriage and indemnifies Carrier for any injury, loss
or damage caused by breach of this warranty;
          
3.  Delivery shall be deemed as full and complete
performance when the containers are delivered by Carrier
with the seals intact; and
          
4.  Carrier has the right but not the obligation to open
and inspect the containers at any time without notice to
Merchant, and expenses resulting from such inspections
shall be borne by Merchant; and
          
5.  Merchant shall inspect containers before stuffing them
and the use of the containers shall be prima facie evidence
of their being sound and suitable for use.
          
(11) DANGEROUS GOODS:
11.1 Merchant may not tender goods of a dangerous nature
without written application to Carrier and Carrier's
acceptance of the same.  In the application, Merchant must
identify the nature of the goods with reasonable
specificity as well as the names and addresses of the
shippers and consignees.
          
11.2 Merchant shall distinctly and permanently mark the
nature of the goods on the outside of the package and
container in a form and manner as required by law and shall
submit to Carrier or to the appropriate authorities all
necessary documents required by law or by Carrier for the
transportation of such goods.
          
11.3 If the goods subsequently, in the judgment of Carrier,
become a danger to Carrier, the Ship, or other cargo,
Carrier may dispose of the goods without compensation  to
Merchant and Merchant shall indemnify Carrier for any loss
or expenses arising from such action.
          
(12) DECK CARGO:
Carrier has the right to carry the goods in any container
under deck or on deck.  Carrier is not required to note "on
deck stowage" on the face of this Bill of Lading and goods
so carried shall constitute under deck stowage for all
purposes including General Average.  Except as otherwise
provided by any law applicable to this contract, if this
Bill of Lading states that the cargo is stowed on deck,
then Carrier shall not be liable for any non-delivery,
misdelivery, delay or loss to goods carried on deck,
whether or not caused by Carrier's negligence or the ship's
unseaworthiness.
          
(13) HEAVY LIFT:
13.1 Single packages with a weight exceeding 2,240 pounds
gross not presented to Carrier in enclosed containers must
be declared in writing by Merchant before receipt of the
packages by Carrier.  The weight of such packages must be
clearly and durably marked on the outside of the package in
letters and figures not less than two inches high.
          
13.2 If Merchant fails to comply with the above provisions,
Carrier shall not be liable for any loss of or damage to the
goods, persons or property, and Merchant shall be liable
for any loss of or damage to persons or property resulting
from such failure and Merchant shall indemnify Carrier
against any loss or liability suffered or incurred by
Carrier as a result of such failure.
          
13.3 Merchant agrees to comply with all laws or regulations
concerning overweight containers and Merchant shall
indemnify Carrier against any loss or liability suffered or
incurred by Carrier as a result of Merchant's failure to
comply with such laws or regulations.
          
(14) DELIVERY:
Carrier shall have the right to deliver the goods at any
time at any place designated by Carrier within the
commercial or geographic limits of the port of discharge or
place of delivery shown in this Bill of Lading.  Carrier's
responsibility shall cease when delivery has been made to
Merchant, any person authorized by Merchant to receive the
goods, or in any manner or to any other person in
accordance with the custom and usage of the port of
discharge or place of delivery.  If goods should remain in
Carrier's custody after discharge from the ship and
possession is not taken by Merchant, after notice, within
the time allowed in Carrier's applicable tariff, the goods
may be considered to have been delivered to Merchant or
abandoned at Carrier's option, and may be disposed of or
stored at Merchant's expense.
          
(15) NOTICE OF CLAIM:
Written notice of claims for loss of or damage to goods
occurring or presumed to have occurred while in the custody
of Carrier must be given to Carrier at the port of
discharge before or at the time of removal of the goods by
one entitled to delivery.  If such notice is not provided,
removal shall be prima facie evidence of delivery by
Carrier.  If such loss or damage is not apparent, Carrier
must be given written notice within 3 days of the delivery.
          
(16) FREIGHT AND CHARGES:
16.1 Freight may be calculated on the basis of the
particulars of the goods furnished by Merchant, who shall
be deemed to have guaranteed to Carrier the accuracy of the
contents, weight, measure, or value as furnished by him at
the time of receipt of the goods by the Carrier or Inland
Carrier, but Carrier for the purpose of ascertaining the
actual particulars may at any time and at the risk and
expense of Merchant open the container or package and
examine contents, weight, measure, and value of the
goods.  In case of incorrect declaration of the contents,
weight, measure and or value of the goods, Merchant shall
be liable for and bound to pay for Carrier:
  
  (a) the balance of freight between the freight charged
and that which would have been due had the correct details
been given,  plus
  (b) expenses incurred in determining the
correct details, plus
  (c) as liquidated and ascertained
damages, an additional sum equal to the correct freight. 
Quotations as to fees, rates of duty, freight charges,
insurance premiums or other charges given by Carrier to
Merchant are for informational purposes only and are
subject to change without notice and shall not under any
circumstances be binding upon Carrier unless Carrier in
writing specifically undertakes the handling of
transportation of the shipment at a specific rate and that
rate is filed in Carrier's tariff.
          
16.2 Freight shall be deemed earned on receipt of goods by
Carrier, the goods lost or not lost, whether the freight is
intended to be prepaid or collected at destination. 
Payment shall be in full and in cash without any offset,
counterclaim, or deduction, in the currency named in this
Bill of Lading, or another currenty at Carrier's
option.  Interest at 1/% per month shall run from the date
when freight  and charges are due.  Payment of freight
charges to a freight forwarder, broker or anyone other than
directly to Carrier shall not be deemed payment to the
Carrier.  Merchant shall remain liable for all charges
hereunder notwithstanding any extension of credit to the
freight forwarder or broker by Carrier.  Full freight shall
be paid on damaged or unsound goods.
  
16.3 Merchant shall be liable for all dues, fees, duties,
fines, taxes and charges, including consular fees, levied
on the goods.  Merchant shall be liable for return freight
and charges on the goods if they are refused export or
import by any government.  Merchant shall be liable for
all demurrage or detention charges imposed on the goods or
their containers by third parties.
          
16.4 The Shipper, consignee, holder hereof, and owner of
the goods, and their principals, shall be jointly and
severally liable to Carrier for the payment of all freight
and charges, including advances and shall, in any referral
for collection or action for monies due to Carrier, upon
recovery by Carrier, pay the expenses of collection and
litigation, including reasonable attorneys' fees.  The
provision shall apply regardless of whether the front of
this bill of lading has been marked "prepaid" or "freight
prepaid" so long as freight and charges remain unpaid.  
          
16.5 The Shipper, consignee, holder hereof, and owner of
the goods, and their principals, shall jointly and
severally indemnify Carrier for all claims, fines,
penalties, damages, costs and other amounts which may be
incurred or imposed upon Carrier by reason of any breach of
any of the provisions of this Bill of Lading or of any
statutory or regulatory requirements.
          
(17) LIEN:
Carrier shall have a general lien on any and all property
(and documents relating thereto) of Merchant in its
possession, custody or control or en route, for all claims
for charges, expenses or advances incurred by Carrier in
connection with any shipments of Merchant and if such claim
remains unsatisfied for 30 days after demand for its
payment is made, Carrier may sell at public auction or
private sale, upon 10 days written notice, registered mail
to Merchant, the goods, wares and/or merchandise or so much
as may be necessary to satisfy such lien and the costs of
recovery, and apply the net proceeds of such sale to the
payment of the amount due Carrier.  Any surplus from such
sale shall be transmitted to Merchant, and Merchant shall
be liable for any deficiency in the sale.
          
(18) TIME BAR:
Carrier shall be discharged from all liability for loss of
or damage to goods unless suit is brought within one (1)
year after delivery of the goods or the date when the goods
should have been delivered.  Suit shall not be deemed
brought against Carrier until jurisdiction shall have been
obtained over Carrier by service of summons.  The time bar
for overcharge claims shall be 36 months.
          
(19) JURISDICTION:
The courts of New York shall have exclusive jurisdiction
over any dispute arising from the carriage evidenced by
this Bill of Lading.  Merchant and Carrier each hereby
agree to the personal jurisdiction of the forum having
jurisdiction over their disputes under this clause.  Except
as otherwise provided in this Bill of Lading, the laws of
the State of New York shall apply.
          
(20) GENERAL AVERAGE:
20.1 General Average shall be adjusted at New York, or any
other port at Carrier's option, according to the
York-Antwerp Rules of 1994.  The General Average statement
shall be prepared by adjusters appointed by Carrier.
          
20.2 In the event of accident, damage, danger or disaster
after commencement of the voyage resulting from any cause
whatsoever, whether due to negligence or not, for the
consequence of which Carrier is not responsible by statute,
contract or otherwise, Merchant shall contribute with
Carrier in General Average to the payment of any sacrifice,
loss or expense of a General Average nature that may be
made or incurred, and shall pay salvage or special charges
incurred in respect of the goods.  If a salving vessel is
owned or operated by Carrier, salvage shall be paid for as
fully as if the salving vessel or vessels belonged to
strangers.
          
(21)  BOTH-TO-BLAME COLLISION CLAUSE:
If the ship comes into collision with another vessel as a
result of negligence of the other vessel and any negligence
or fault on the part of Carrier or its servants or
subcontractors, Merchant shall indemnify Carrier against
all loss or liability to the other or non-carrying vessel
or her owners, insofar as such loss or liability represents
loss of, or damage to, or any claim whatsoever of Merchant
paid or payable by the other or non-carrying vessel or her
owners to Merchant and set-off, recouped or recovered by
the other or non-carrying vessel or her owners as part of
their claim against the carrying ship or her owner.  This
provision shall apply as well where the owners, operators
or those in charge of any ship or ships or objects other
than, or in addition to, the colliding ships or objects are
at fault with respect to a collision or contact.
          
(22) CARRIER'S TARIFFS:
The goods carried under this Bill of Lading are also
subject to all the terms and conditions of tariff(s)
published pursuant to the regulations of the United States
Federal Maritime Commission or any other regulatory agency
which governs a particular portion of the carriage and the
terms are incorporated herein as part of the terms and
conditions of this Bill of Lading.  Copies of Carriers'
tariffs may be obtained from Carrier or its agents or from
Carrier's web-site, the address of which is set forth on
the U.S. Federal Maritime Commission's web site at
www.fmc.gov.
          
(23) PERISHABLE CARGO:
23.1 Goods of a perishable nature shall be carried in
ordinary containers without special protection, services or
other measures unless there is noted on the reverse side of
this Bill of Lading that the goods will be carried in a
refrigerated, heated, electrically ventilated or otherwise
specially equipped container or are to receive special
attention in any way.  Carrier shall not be liable for any
loss of or damage to goods in a special hold or container
arising from latent defects, breakdown, or stoppage of the
refrigeration, ventilation or heating machinery, insulation,
ship's plant, or other such apparatus of the vessel or
container, provided that Carrier shall before or
at the beginning of the transport exercise due diligence to
maintain the special hold or container in an efficient
state.
          
23.2 Merchant undertakes not to tender for transportation
any goods that require refrigeration without given written
notice of their nature and the required temperature setting
of the thermostatic controls before receipt of the goods by
Carrier.  In case of refrigerated containers packed by or
on behalf of Merchant,  Merchant warrants that the goods
have been properly stowed in the container and that the
thermostatic controls have been adequately set before
receipt of the goods by Carrier.
          
23.3 Merchant's attention is drawn to the fact that
refrigerated containers are not designed to freeze down
cargo which has not been presented for stuffing at or below
its designated carrying temperature.  Carrier shall not be
responsible for the consequences of cargo tendered at a
higher temperature than that required for the
transportation.
          
23.4 If the above requirements are not complied with,
Carrier shall not be liable for any loss or damage to the
goods whatsoever.
          
(24) SERVERABILITY:
The terms of this Bill of Lading shall be severable, and,
if any part or term hereof shall be held invalid, such
holding shall not affect the validity or enforceability of
any other part or term hereof.
          
(25) VARIATION OF THE CONTRACT:
No servant or agent of Carrier shall have power to waive or
vary any of the terms hereof unless such variation is in
writing and is specifically authorized or ratified in
writing by Carrier.

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