RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 15MAR2025
| Effective | 15MAR2025 |
|---|---|
| Filed | 15MAR2025 |
| Filing Codes | C |
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:
1. DEFINTITIONS
Carrier means the company stated on the front of this Bill of Lading
on whose behalf this bill of lading has been signed. Company stated on
the front of this Bill of Lading as being the Carrier and on whose
behalf this Bill of Lading has been signed.
Merchant includes the shipper, the consignee, the receiver of the
Goods, the holder of this Bill of Lading, any person owning or entitled
to the Possession of the Goods or this Bill of Lading, any person
having a present or future interest in the Goods or any person acting
on behalf of any of The above mentioned persons.
Goods includes the cargo supplied by the Merchant and includes any
Container not supplied by or on behalf of the Carrier.
Container Includes any container, trailer, transportable tank, lift
van, flat, pallet of any similar article of transport used to
consolidate goods.
Carriage means the whole of the operations and services undertaken or
performed by or on behalf of the Carrier in respect of the Goods.
Combined Transport arises where the Carriage called for by this Bill of
Lading is not a Port to Port Shipment.
Port to Port Shipment arises where the Place of Receipt and the Place
of Delivery are not indicated on the front of this Bill of Lading or if
both the Place of Receipt and the Place of Delivery indicated are ports
and the Bill of Lading does not in the nomination of the Place of
Receipt or the Place of Delivery on the front hereof specifies any
place port within the area of the port so nominated.
Charge includes freight and all expenses and money obligations incurred
and payable by the Merchant.
Shipping Unit includes freight unit and the term unit as used in the
Hague Rules and Hague-Visby Rules.
Person includes an individual, a partnership, a body, corporation or
other entity.
Stuffed includes filled, consolidated, packed, loaded or secured.
2. CARRIER s TARIFF The provisions of the Carrier s applicable Tariff,
if any, are incorporated herein, Copies of such provisions are
obtainable from the Carrier or his agents upon request or, where
applicable, from a government body with whom the Tariff has been filed.
In the case of inconsistency between this Bill of Lading and the
applicable Tariff, this Bill of Lading shall prevail.
3. WARRANTY The Merchant warrants that in agreeing to the terms hereof he
is or is the agent of and has the authority of the person owning or
entitled to the possession of the Goods or any person who has a present
or future interest in the Goods.
4. NEGOTIABILITY AND TITLE TO THE GOODS
(1) This Bill of Lading shall be non-negotiable unless made out to
order in which event it shall be negotiable and shall constitute title
to the Goods and the holder shall be entitled to receive or to transfer
the Goods herein described.
(2) This Bill of Lading shall be prima facie evidence of the taking in
charge by the Carrier of the Goods as herein described. However, proof
in the contrary shall not be admissible when this Bill of Lading has been
negotiated or transferred for valuable consideration to a third party
acting in good faith.
5. CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER PERSONS
(1) The Carrier shall be entitled to sub-contract on any terms the whore
or any part of the Carriage.
(2) The Merchant undertakes that no claim or allegation shall be made
against any person or vessel whatsoever, other than the Carrier,
including, but not limited to, the Carrier s servants or agents, any
independent contractor and his servants or agents, and all others by
whom the whole or any part of the Carriage, whether directly or
indirectly, is procured, performed or undertaken, which imposes or
attempts to impose upon any such person or vessel any liability
whatsoever in connection with the Goods or the Carriage; and if any
claim or allegation should nevertheless be made to defend, indemnify
and hold harmless the Carrier against all consequences thereof.
Without prejudice to the foregoing every such person and vessel shall
have the benefit of all provisions herein benefiting the Carrier as if
such provisions were expressly for his benefit and in entering into
this contract the Carrier, to the extent of these provisions, does so
not only on his own behalf but also as agent or trustee for such
persons and vessels and such persons and vessels shall to this extent
be or be deemed to the parties to this contract.
(3) The Merchant shall defend, indemnify and hold harmless the Carrier
against any claim or liability (and any expense arising there from)
arising from the Carriage of the Goods insofar as such claim or
liability exceeds the Carrier s liability under this Bill of Lading.
(4) The defenses and limits of liability provided for in this Bill of
Lading shall apply in any section against the Carrier whether the
action be found in contract or in Tort.
6. CARRIER s RESPONSIBILITY
(1) CLAUSE PARAMOUNT
(A) Subject to clause 13 below, this Bill of Lading insofar as it
relates to sea carriage by any vessel whether named herein or not
shall have effect subject to the Hague Rules or any legislation
making such Rules or the Hague-Visby rules compulsorily applicable
(such as COGSA or COGWA) to this Bill of Lading and the provisions
of The Hague Rules or applicable legislation shall be deemed
incorporated herein. The Hague Rules (or COGSA or COGWA if this
Bill of Lading is subject to U.S. of Canadian law respectively)
shall apply to the 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. If and to the
extent that the provisions of the Harter Act of the United States of
America 1893 would otherwise be compulsorily applicable to regulate
Carrier s responsibility for the Goods during any period prior to
loading on or after discharge from the vessel the Carrier s
responsibility shall instead be determined by the provisions of 6
(3) below, but if such provisions are found to be invalid such
responsibility shall be subject to COGSA.
(B) The Carrier shall be entitled to (and nothing in this Bill of Lading
shall operate to deprive or imit such entitlement) the full benefit
of, and rights to, all limitations of and exclusions from liability
and all rights conferred or authorized by any applicable law,
statute or regulation of any country (including, but not limited to
where applicable any provisions of sections 4281 to 4287, inclusive
of the Revised Statutes of the United states of America and
amendments thereto and where applicable any provisions of the laws
of the United States of America) and without prejudice to the
generality of the foregoing also any law, statute or regulation
available to the Owner of the vessel(s) on which the Goods are
carried.
(2) PORT TO PORT SHIPMENT The responsibility of the Carrier is limited to
that part of the Carriage from and during loading onto the vessel up
to and during discharge from the vessel and the Carrier shall not be
liable for any loss or damage whatsoever in respect of the Goods or
for any other matter arising during any other part of the Carriage
even though Charges for the whole Carriage have been charged by the
Carrier. The Merchant constitutes the Carrier as agent to enter into
contracts on behalf of the Merchant with others for transport,
storage, handling or any other services in respect of the Goods prior
to loading and subsequent to discharge of the Goods from the vessel
without responsibility for any act or omission whatsoever on the part
of the Carrier of others and the Carrier may as such agent enter into
contracts with others on any terms whatsoever including terms less
favorable than the terms of this Bill of Lading.
(3) COMBINED TRANSPORT Save as is otherwise provided in this Bill of
Lading, the Carrier shall be liable for loss of or damage to the
Goods occurring from the time that the Goods are taken into his charge
until the time of delivery to the extent set out below.
(A) Where the stage of Carriage where the loss or damage occurred cannot
be provided:
(i) The carrier shall be entitled to rely upon all exclusions from
liability under the Rules or legislation that would have been
applied under 6 (1)(A) above had the loss or damage occurred at
sea or, if there was no carriage by sea, under the Hague Rules (or
COGSA or COGWA, if this Bill of Lading is subject to U.S. or
Canadian law respectively).
(ii) Where under (i) above, the Carrier is not liable in respect of
some of the factors causing the loss or damage, he shall only be
liable to the extent that those factors for which he is liable
have contributed to the loss or damage.
(iii) Subject to 6(4)(C )below, where the Hague Rules or any legislation
applying such Rules or the Hague-Visby Rules (such as COGSA or
COGWA) is not compulsorily applicable, the Carrier s liability
shall not exceed US$500 per package or shipping unit or US$2.00
per kilo of the gross weight of the Goods that was lost, damaged
or in respect of which the claim arises or the value of such
Goods, whichever is the less.
(iv) the value of the Goods shall be determinedaccording to the
commodity exchange price at the place and time of delivery to the
Merchant or at the place and time when they should have been
delivered or if there is no such price according to the current
market price by reference to the normal value of Goods of the same
kind and quality, at such place and time.
(B) Where the stage of Carriage where the loss or damage occurred can be
proved:
(i) the liability of the Carrier shall be determined by the
provisions contained in any international convention or national
law of the country which provisions:
(a) cannot be departed from private contract to the detriment of
the Merchant, and
(b) would have applied if the Merchant had made a separate and
direct contract with the Carrier in respect of the particular
stage of Carriage where the loss or damage occurred, and had
received as evidence thereof any particular document which must
be used in order to make such international convention or
national law applicable:
(ii) with respect to the transportation in the United States of
America or in Canada to the Port of Loading or from the Port of
Discharge, the responsibility of the Carrier shall be to produce
transportation by carriers (one or more) and such transportation
shall be subject to the inland carrier s contract of carriage and
tariffs and any law compulsorily applicable. The Carrier
guarantees the fulfillment of such inland carriers obligations
under their contracts and tariffs:
(iii) where neither (i) or (iii) above apply, any liability of the
Carrier shall be determined by 6(3) (A) above.
(4) GENERAL PROVISIONS
(A) Delay, Consequential Loss Save as otherwise provided herein, the
Carrier shall in no circumstances be liable for direct, indirect or
consequential loss or damage caused by delay or any other cause
whatsoever and however 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 transport.
(B) Package or Shipping Unit Limitation Where the Hague Rules or
any legislation making such rules compulsorily applicable (such as
COGSA or COGWA) to this Bill of Lading apply, the carrier shall not,
unless a declared value has been noted in accordance with (C )below,
become liable for any loss or damage to or in connection with the
Goods in an amount per package or shipping unit in excess of the
package or shipping unit limitation as laid down by such Rules or
legislation. Such limitation amount according to COGSA is US$500
and according to COGWA is Can$500. If no limitation amount is
applicable under such Rules or legislation, the limitation shall be
US$500.
(C) Ad Valorem: Declared Value of Package of Shipping Unit
The Carrier s liability may be increased to the higher value by a
declaration in writing of the value of the Goods by the Shipper upon
delivery to the Carrier of the Goods for shipment, such higher value
being inserted on the front of this Bill of Lading in the space
provided and, if required by the Carrier, extra freight paid in
such case. If the actual value of the Goods shall exceed such
declared value, the value shall nevertheless be deemed to be the
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.
(D) Definition of Package or Shipping Unit Where a Container is
used to consolidate Goods and such Container is stuffed by the
Carrier, the number of packages or shipping units stated on the face
of this Bill of Lading in the box provided shall be deemed the
number of packages or shipping units for the purpose of any limit of
liability per package or shipping unit provided in any international
convention or national law relating to the carriage of Goods by sea.
Except as aforesaid the Container shall be considered the package or
shipping unit. The words shipping unit shall mean each physical
unit or piece of the cargo not shipped in a package, including
articles and things of any description whatsoever, except Goods
shipped in bulk, and irrespective of the weight or measurement unit
employed in calculating freight charges. At to Goods shipped in
bulk, the limitation applicable thereto shall be the limitation
provided in such convention of law which may be applicable, and in
no event shall anything herein be construed to be a waiver of
limitation as to Goods shipped in bulk.
(E) Rust, etc. It is agreed that superficial rust, oxidation or any
like condition due to moisture, 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 is not
representation that such conditions of rust, oxidation or the like
did not exist on receipt.
(F) Notice of Loss or Damage The Carrier shall be deemed prima facie
to have delivered the Goods as described in this Bill of Lading
unless notice of loss, or damage to, the Goods indicating the
general nature of such loss or damage, shall have been given in
writing to the Carrier or to his representative at the place of
delivery before or at the time of removal of the Goods into the
custody of the person entitled to delivery thereof under this Bill
of Lading or, if the loss or damage is not apparent within three
consecutive days thereafter.
(G) Time-bar The Carrier shall be discharged of all liability unless
suit is brought in the proper forum and written notice thereof received
by the Carrier within one year after delivery of the Goods or the date
when the Goods should have been delivered in the event such time period
shall be found contrary to any convention or law compulsorily applicable,
the period prescribed by such convention or law shall then apply but in
that circumstance only.
7. MERCHANT s RESPONSIBILITY
(1) The description and particulars of the Goods set out on the face
hereof are furnished by the merchant and the Merchant warrants to the
Carrier that the description and particulars including, but not
limited to of weight, content, measure, quantity, quality, condition,
marks, numbers and the value are correct.
(2) The Merchant shall comply with all applicable laws regulations and
requirements of customs, port and other authorities and shall bear and
pay all duties, taxes, fines, imposts, expenses, and losses incurred
or suffered by reason thereof or by reason of any illegal, incorrect
of insufficient marking, numbering or addressing of the Goods.
(3) The Merchant undertakes that the Goods are packed in a manner adequate
to withstand the ordinary risks of Carriage having regards to their
nature and in compliance with all laws, regulations and requirements
which may be applicable.
(4) No Goods which are or may become dangerous, inflammable or damage in
or which are or may become liable to damage any property or person
whatsoever shall be tendered to the Carrier for Carriage without the
Carrier s express consent in writing and without the Container or
other covering in which the Goods are to be transported and the Goods
being distinctly marked on the outside so as to indicate the nature
and character of any such articles and so as to comply with all
applicable laws, regulations and requirements, if any such articles
are delivered to the Carrier without such written consent and marking
or if in the opinion of the Carrier the articles are or are liable to
become of a dangerous, inflammable or damaging nature, the same may at
any time be destroyed, disposed of, abandoned, or rendered harmless
without compensation to the Merchant and without prejudice to the
Carrier s right to Charges.
(5) The Merchant shall be liable for the loss, damage, contamination,
soiling, detention or demurrage before, during and after the Carriage
of property (including but not limited to Containers) of the Carrier
or any person or vessel (other than the Merchant) referred to in 5 (2)
above caused by the Merchant or any person acting on his behalf or for
which the Merchant is otherwise responsible.
(6) The Merchant shall defend, indemnify and hold harmless the Carrier
against any loss, damage, claim, liability or expenses whatsoever
arising from any breach of the provisions of this clauses 7 or from
any cause in connection with the Goods for which the Carrier is not
responsible.
8. CONTAINERS
(1) Goods may be stuffed by the Carrier in or on Containers and Goods may
be stuffed with other Goods.
(2) The terms of this Bill of Lading shall govern the responsibility of
the Carrier in connection with or arising out of the supply of a
Container to the Merchant, whether supplied before or after the Goods
are received by the Carrier or delivered to the Merchant.
(3) If a Container has been stuffed by or on behalf of the Merchant
(A) the carrier shall not be liable for loss of or damage to the Goods
(i) caused by the manner in which the Container has bee stuffed
(ii) caused by the unsuitability of the Goods for carriage in
Containers
(iii) causes by the unsuitability or defective condition of the
Container provided that paragraph (ii) shall only apply if the
unsuitability of defective condition arose in without any want of
due diligence on the part of the Carrier of (b) would have been
apparent upon reasonable inspection by the Merchant at or prior to
time when the Container was stuffed
(iv) if the Container is not sealed at the commencement of the Carriage
except where the Carrier has agreed to seal the Container
(B) The Merchant shall defend, indemnify and hold harmless the Carrier
against any loss, damage, claim, liability or expense whatsoever
arising from one or more of the matters covered by (A)(ii)(a) above.
(4) Where the Carrier is instructed to provide a Container, in the absence
of a written request to the contrary, the Carrier is not under any
obligation to provide a Container of any particular type of quality.
9. TEMPERATURE CONTROLLED CARGO
(1) The Merchant undertakes not to tender for transportation any Goods
which require temperature control without previously giving written
notice and filling in the box on the front of this Bill of Lading. If
this Bill of Lading has been prepared by the Merchant or a person
acting on his behalf of their nature and particular temperature range
to be maintained, and in the case of a temperature controller
Container stuffed by or on behalf of the Merchant further undertakes
that the Container has been properly per-coded, that the Goods have
been properly stuffed in the Container and that its thermostatic
controls have been properly 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 or damage to the Goods
caused by such non-compliance.
(2) The Carrier shall not be liable for any loss of or damage in the Goods
arising from defects, derangement, breakdown, stoppage 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
refrigerated Container in an efficient state.
10. INSPECTION OF GOODS The Carrier or any person authorized by the
Carrier shall be entitled, but under no obligation, to open any
container or package at any time and to inspect the Goods.
11. MATTERS AFFECTING PERFORMANCE
(1) If at any time the Carriage is or is likely to be affected by
hindrance, risk, delay, difficulty or disadvantage or any king
(including the Condition of the Goods), whatsoever and howsoever
arising (whether or not the Carriage has commenced) the Carrier may
(A) Without notice to the Merchant abandon the Carriage of the Goods and
where reasonably possible place the Goods or any part of them at the
Merchant s disposal at any place which the Carrier may deem safe and
convenient, whereupon the responsibility of the Carrier in respect
of such Goods shall cease
(B) Without prejudice to the Carrier s right subsequently to abandon the
Carriage under (A) above continue the Carriage In any event the
Carrier shall be entitled to full Charges on Goods received for
Carriage and the Merchant shall pay any additional costs resulting
from the above-mentioned circumstances
(2) The liability of the Carrier in respect of the Goods shall cease on
the delivery or other disposition of the goods in accordance with the
orders or recommendations given by any government or authority or any
person acting or purposing to act as or on behalf of such government
or authority.
12. METHODS AND ROUTE OF TRANSPORTATION
(1) The Carrier may at any time and without notice to the Merchant use any
means of transport or storage whatsoever, load or carry the Goods on
any vessel whether named on the front hereof or not transfer the Goods
from one conveyance to another including transshipping or carrying the
same on another vessel than that named on the front hereof or by any
other means of transport whatsoever at any place unpack and remove
Goods which have been stuffed in or on a Container and forward the
same in any manner whatsoever, proceed at any speed and be any route
in his discretion (whether or not the nearest or most direct or
customary or advertised route) and proceed to or stay at any place
whatsoever once or more often and in any order load or unload the
Goods from any conveyance at any place (whether or not the place is a
port named on the front hereof as the intended Port of Loading or
intended Port of Discharge) comply with any orders or recommendation
given by any government or authority or any person or body acting or
purporting to act or on behalf of such government or authority or
having under the terms of the insurance on the conveyance employed by
the Carrier the right to give orders or direction permit the vessel to
proceed with or without pilots to tow or be towed or to be dry docked
permit the vessel to carry livestock, Goods of all kinds, dangerous or
otherwise contraband, explosives, munitions or warlike stores and sail
armed or unarmed
(2) The liberties set out in (1) above may be invoked by the Carrier for
any purposes whatsoever whether or not connected with the Carriage of
the Goods. Anything done in accordance with (1) above or any delay
arising there from shall be deemed to be within the contractual
Carriage and shall not be a deviation or whatsoever nature or degree.
13. DECK CARGO (AND LIVESTOCK)
(1) Goods of any description whether containerized or not may be stowed on
or under deck without notice to the Merchant and such stowage shall
not be a deviation of whatsoever nature of degree subject to (2) below
such Goods whether carried on deck or under deck shall participate in
General Average and such Goods other than livestock shall be deemed to
be within the declination of Goods for the purposes of the Hague Rules
or any legislation making such rules or the Hague Rules compulsorily
applicable (such as COGSA OR COGWA) to this Bill of Lading
(2) Goods (not being Goods stuffed in or on Containers other than open
flats or pallets) which are stated on the front of this Bill of lading
to be carried on deck and which are so carried (and livestock whether
or not being carried on deck) are carried without responsibility on
the part of the Carrier for loss or damage of whatsoever nature
arising during carriage by seal or inland waterway whether caused by
under worthiness or negligence or any other cause whatsoever. The
Merchant shall defend, indemnify and hold harmless the Carrier against
all and any extra cost incurred for any reason whatsoever in
connection with carriage of livestock.
14. DELIVERY OF GOODS 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 remove from the
Container of Goods or that part thereof it stuffed or on a Container
and to store the Goods or that part thereof ashore afloat in the open
or under cover at the sole risk and expense of the Merchant. Such
storage shall constitute due delivery hereunder and thereupon the
liability of the Carrier in respect of the Goods or that part thereof
shall cease
15. BOTH-TO-BLAME COLLISION If the vessel on which the Goods are
carried (the carrying vessel) comes into collision with any other
vessel or object (the non-carrying vessel or object) as a result of
the negligence of the non-carrying vessel or object or the owner or
charter of or person responsible for the non-carrying vessel or object
the Merchant undertakes to defend indemnify and hold harmless the
Carrier against all claims by or liability to (and any expense arising
there from) and vessel or person in respect of any loss of or damage
to or any claim whatsoever of the Merchant paid or payable to the
Merchant by the non-carrying vessel or object and set off recouped or
recovered by such vessel of object or person(s) against the Carrier
the carrying vessel of her owners or caterers.
16. GENERAL AVERAGE
(1) The Carrier may declare General Average which shall be adjustable
according to the York/Antwerp Rules of 1974 at any place at the
option to the Carrier and the Amended Jason Clause as approved by
BIMCO is to be considered as incorporated herein and the Merchant
shall provide such security as may be required by the Carrier in this
connection
(2) Notwithstanding (1) above, the Merchant shall defend, indemnify and
hold harmless the Carrier in respect of any claim (and any expense
arising there from) of a General Average nature which may be made on
the Carrier and shall provide such security as may be required by the
Carrier in this connection.
(3) The Carrier shall be under no obligation to take any steps whatsoever
to collect security for General Average contributions due to the
Merchant.
17. CHARGES
(1) Charges shall be deemed fully earned on receipt of the Goods by the
Carrier and shall be paid and non-returnable in any event
(2) The Charges have been calculated on the basis of particulars furnished
by or on behalf of the Merchant. The Carrier be entitled to production
of the commercial invoice for the Goods or true copy thereof and to
inspect, reweigh, remeasure and revalue the Goods and if the
particulars are found by the Carrier to be incorrect the Merchant
shall pay the Carrier the correct Charges (credit being given for the
Charges charged) and the cost incurred by the Carrier in establishing
the correct particulars.
(3) All Charges shall be paid without any set off, counter claim,
deduction or stay of execution.
18. LIEN The Carrier shall have a lien on Goods and any documents
relating thereto for all sums whatsoever due at any time to the
Carrier from the Merchant and for General Average contributions to
whomsoever due and for the costs 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.
19. VARIATION OF THE CONTRACT No servant or agent of the Carrier shall
have power to waive or vary any of the terms hereof unless such waiver
or variation is in writing and is specifically authorized or ratified
in writing by a director or officer of the Carrier who has the actual
authority of the Carrier so to waive or vary.
20. PARTIAL INVALIDITY If any provision in this Bill of Lading is held
to be invalid or unenforceable by any court or regulatory or self
regulatory agency or body, such invalidity or unenforceability shall
attach only to such provision. The validity of the remaining
provisions shall not be affected thereby and this Bill of Lading
contract shall be carried out as if such invalid or unenforceable
provision were not contained herein.
21. LAW AND JURISDICTION The contract evidenced hereby or contained
herein shall be governed by Law of Country of Issue. Any claim or
other dispute there under shall be solely determined by the courts of
The Country of issue of this Bill of Lading.
