RULE: 8 - BILL(S) OF LADING - TERMS AND CONDITIONS Eff: 17FEB2023

Effective 17FEB2023
Filed 17FEB2023
Filing Codes C

Control No. 23-00731
  
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
 
1. (Definitions) When used in this Bill of Lading (A) "Ocean Carrier" means
 the company stated on the front of the bill of lading, which performs the
 sea carriage of Goods, and the vessel, her owner, and demise charterer,
 whether any of the preceding parties is acting as ocean carrier, non-vessel
 operating common carrier, or bailee. (B) "Inland Carrier" means carriers
 (other than the Ocean Carrier) by land, water or air, participating in
 combined transport of the Goods, whether acting as carrier or bailee. (C)
 "Combined Transport" means carriage of the Goods under this Bill of Lading
 from place of receipt from Merchant to place of delivery to Merchant by the
 Ocean Carrier plus one or more Inland Carriers. (D) "Port-to-Port
 Transportation" means carriage of the Goods under this Bill of Lading other
 than combined transport. (E) "Merchant" includes the shipper, consignor,
 consignee, owner, and receiver of the Goods and the holder of this Bill of
 Lading. (F) "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. (G)
 "Vessel" includes the vessel named on the face of this Bill of Lading and
 any ship, craft, lighter, barge or other means of transport that is
 substituted in whole or in part for that vessel. (H) "Container" includes
 any containers (including an open top container) flat rack, platform,
 trailer, transportable tank, pallet or any other device used for
 transportation of goods. (I) "Laden on Board" or similar words endorsed on
 this Bill of Lading means that the Goods have been loaded on board the
 Vessel or are in the custody of the Ocean Carrier, and in the event of
 Combined Transport if the originating carrier is an Inland Carrier. "On
 Board" means that the Goods have been loaded on board rail cars or other
 means of Inland carriage or are in the custody of a participating railroad
 or other Inland Carrier. (J) "Subcontractor" includes stevedores,
 longshoremen, lighterers, terminal operators, warehousemen, truckers,
 agents, servants, and any person, firm, corporation or other legal entity
 which performs services incidental to the carriage of the Goods. (K) "United
 States" or "U.S." means the United States of America.
 
2. (Clause Paramount) (A) Insofar as this Bill of Lading covers carriage of
 Goods by water, this Bill of Lading shall have effect subject to the
 provisions of the "Hague Rules", namely the International Conventions for
 the Unification of Certain Rules Relating to Bills of Lading, dated at
 Brussels, August 25, 1924, as amended (including, where enacted, the
 Protocol dated at Brussels, February 23, 1968, known as the Visby Rules), as
 enacted in the country of shipment. When no such enactment is in force in
 the country of shipment or is otherwise compulsorily applicable, the Hague
 Rules as enacted in the country of destination shall apply. When no such
 enactment is in force in the country of shipment or in the country of
 destination, or is otherwise compulsorily applicable, the terms of the Hague
 Rules as enacted by the Convention shall apply. (B) If this Bill of Lading
 covers Goods moving to or from ports of the United States in foreign trade,
 then carriage of such goods shall be subject to the provisions of the United
 States Carriage of Goods by Sea Act, 1936, 46 U.S.C. P1300-1315 as amended
 (hereinafter "U.S. COGSA"), the terms of which shall be incorporated herein.
 The provisions of U.S. COGSA shall (except as otherwise specifically
 provided in this Bill of Lading) govern throughout the time when the Goods
 are in the custody of the Ocean Carrier and any other water carrier and as
 otherwise provided in this Bill of Lading.
 
3. (Law and Jurisdiction) Whenever the Carriage of Goods by Sea Act 1936
 (COGSA) of the United States of America applies, this contract is to be
 governed by United States Law. In all other cases actions against the
 Carrier may be instituted only in the country where the Carrier has its
 principal place of business and shall be decided according to the law of
 such country.
 
4. (Limitation of Liability Statutes) Nothing in this Bill of Lading shall
 operate to limit or deprive the Ocean Carrier of any statutory protection,
 exemption from, or limitation of liability authorized by the applicable
 laws, statutes, or regulations of any country.
 
5. (Sub-Contracting: Exemptions and Immunities of Subcontractors) (A) The
 Ocean Carrier shall be entitled to subcontract on any terms the whole or
 part of the handling, storage, or carrier of the Goods and any and all
 duties whatsoever undertaken by the Ocean Carrier in relation to the Goods.
 (B) Merchant warrants that no claim shall be made against any Subcontractor
 (as defined in Article 1 (J), or Subcontractor, of Ocean Carrier, except
 Inland Carriers where otherwise appropriate, that imposes or attempts to
 impose upon any of them or any vessel owned or operated by any of them any
 liability in connection with the Goods, and, if any such claims should
 nevertheless be made, to indemnify the Ocean Carrier against all
 consequences of such claims. (C) Without prejudice to the foregoing, every
 Subcontractor (and Subcontractor's Subcontractor) shall have the benefit of
 all provisions in this Bill of Lading for the benefit of the Ocean Carrier
 as if such provisions were expressly for the Subcontractor's benefit. In
 entering into this contract the Ocean Carrier, to the extent of those
 provisions, does so not only on its own behalf of such Subcontractors.
 
6. (Route to Transport) (A) The Goods may, at the Ocean Carriers absolute
 discretion, be carried as a single shipment or as several shipments by the
 Vessel and/or any other means of transport by land, water, or air and by any
 route whatsoever, whether or not such route is the direct, advertised, or
 customary route. (B) The Vessel shall have liberty to call and/or stay at
 any port or place in or out of the direct, advertised, or customary route,
 once or more often and in any order, and/or to omit calling at any port or
 place whether scheduled or not. (C) The Vessel shall have liberty , either
 with or without the Goods on board and either before or after proceeding
 toward the port of discharge to adjust to compasses and other navigational
 instruments, make trial trips or tests, dry dock, go to repair yards, shift
 berths, take on fuel or stores, embark or disembark any person, carry
 contraband, explosives, munitions, war-like stores and hazardous cargo, sail
 with or without pilots, tow or be towed, and save or attempt to save life or
 property. (D) If the Goods in whole or in part are for any reason not
 carried on the Vessel named in this Bill of Lading, or if loading the Goods
 is delayed or is likely to detain the Vessel, the Vessel may proceed without
 carrying or loading the Goods in whole or in part, and notice to merchant of
 such sailing is hereby waived. Ocean Carrier may forward the Goods under the
 terms of this Bill of Lading on the next available ship or at Ocean
 Carrier's option by any other means of transportation, whether by land,
 water or air. (E) At Ocean Carrier's option and without notice to Merchant,
 another ship or ships may be substituted for the Vessel named in this Bill
 of Lading, whether or not the substitute ship is owned or operated by Ocean
 Carrier or arrives or departs, or is scheduled to arrive or depart, before
 or after the Vessel named by this Bill of Lading. (F) Any action taken by
 the Ocean Carrier under this Article 6 shall be deemed to be included within
 the contractual carriage and such action, or delay resulting therefrom,
 shall not be considered a deviation. Should the Ocean Carrier be held liable
 in respect of such action, the Ocean Carrier shall be entitled to the full
 benefit of all privileges, rights, and immunities contained in this Bill of
 Lading.
 
7. (Responsibility) (A) Insofar as this Bill of Lading is used for
 Port-to-Port Transportation of the Goods, the Ocean Carrier shall not be
 responsible for loss of or damage to the Goods caused before loading or
 after discharge "Loading" shall be deemed to commence with the hooking on
 the vessel's tackle, or if not using the vessel's tackle, with the receipt
 of the Goods on deck or in the hold of (if the Goods are in bulk liquid) in
 the vessel's permanent pipe connections. "Discharge" shall be deemed to be
 completed when the Goods have been unhooked from the vessel's tackle o
 removed from the vessel's deck or passed beyond the vessel's permanent pipe
 connections. (B) Insofar as this Bill of Lading is used for combined
 transport of the Goods, the responsibility of the Ocean Carrier and each
 Inland Carrier with respect to the Goods shall be limited to the period when
 the carrier has custody of the Goods, and no carrier, either Ocean or
 Inland, shall be responsible for any loss or damage caused while the Goods
 are not in its custody. Any claim for loss of o or damage to the Goods,
 including loss or damages resulting from delay, should be made against the
 carrier having custody of the Goods when the loss or damage or delay was
 caused. (C) If it is established by the Merchant that the Ocean Carrier is
 responsible for loss of or damage to or in connection with the Goods, such
 responsibility, subject to the provisions of this Bill of Lading, shall be
 to the extent following but not further: (1) With respect to loss or damage
 caused during the period from the time when the Goods arrived at the sea
 terminal at the port of loading to the time when they left the sea terminal
 at the port of discharge, or caused during any previous or subsequent period
 of carriage by sea or waterways, to the extent prescribed by the applicable
 Hague Rules as provided in Article 2. (2) Save as indicated (C) (i) above,
 with respect to loss or damage caused during the handling, storage or
 carriage of the Goods by Ocean Carrier's Subcontractor, to the extent to
 which such Subcontractor would have been liable to the Merchant if he had
 made a direct and separate contract with the Merchant in respect of such
 handling, storage or carriage, provided, however, that if the Ocean Carrier
 is not authorized under any applicable laws, rules or regulations to
 undertake such handling, storage, or carriage under its own responsibility,
 the Ocean Carrier shall only be liable for procuring such handling, storage
 or carriage. If such handling, storage or carriage occurred in or between
 points in Europe, or where otherwise applicable, such responsibility shall
 be governed (a) if by road by the Convention on the Contract for the
 International Carriage of Goods by Road, dated 19 May, 1956 (CMR); (b) if by
 rail, by the International Convention Concerning the Carriage of Goods by
 Rail, dated 25 February, 1961 (CIM); (c) if by air, by the Convention for
 the Unification of Certain Rules Relating to International Carriage by Air,
 signed Warsaw 12 October, 1929, as amended by the Hague Protocol dated 28
 September, 1955 (Warsaw Convention); (d) If it is established by the
 Merchant that an Inland Carrier is responsible for loss of or damage to or
 in connection with the Goods, such responsibility shall be to the extent,
 but not further, than the Inland Carrier would have been liable to the
 Merchant if he had made a direct and separate contract with the Merchant in
 respect of handling, storage or carriage of the Goods, as applicable. (e)
 Notwithstanding foregoing Article 7 (A) or 7 (B), the Ocean 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 o
 ruse, and the Ocean Carrier shall not be responsible for any direct or
 indirect loss or damage that is caused through delay. (f) If this Bill of
 Lading is used for Port-to-Port Transportation, the column indicating final
 destination on the face of this Bill of Lading is solely for the purpose of
 the Merchant's reference, and the Ocean Carrier's responsibility for the
 Goods shall in all cases cease at the time of discharge of the Goods at the
 port of discharge.
 
8. (Liberties) (A) In any situation whatsoever whether or not existing or
 anticipated before commencement of or during the transport, which in the
 judgement of the Ocean Carrier (including for the purpose of this Article
 the Master and any person charged with the transport or safekeeping of the
 Goods) has given or is likely to give rise to danger, injury, loss, delay,
 or disadvantage of whatsoever nature to the Vessel, the Ocean Carrier, a
 vehicle, any person, the Goods or any property, or has rendered or is likely
 to render it in any way unsafe, impracticable, unlawful, or against the
 interest of the Ocean Carrier or the Merchant to commence or continue the
 transport or to discharge the Goods at the port of discharge or to deliver
 the Goods at the place of delivery by the route and in the manner originally
 intended by the Ocean Carrier, the Ocean Carrier (1) at any time shall be
 entitled to unpack the container(s) or otherwise dispose of the Goods in
 such way as the Ocean Carrier may deem advisable at the risk and expense of
 the Merchant and/or (2) before the Goods are loaded on the Vessel, a
 vehicle, or other means of transport at the place of receipt or port of
 loading, shall be entitled to cancel the contract of carriage without
 compensation and to require the Merchant to take delivery of the Goods and,
 upon his failure to do so, to warehouse or place them at any place selected
 by the Ocean Carrier at the risk and expense of the Merchant and/or (3) if
 the Goods are at a place awaiting transshipment, shall be entitled to
 terminate the transport there and to store them at any place selected by the
 Ocean Carrier at the risk and expense of the Merchant, and/or (4) if the
 Goods are loaded on the Vessel, a vehicle, or other means of transport
 whether or not approaching, entering, or attempting to enter the port of
 discharge or to reach the place of delivery or attempting or commencing to
 discharge, shall be entitled to discharge the Goods or any part of them at
 any port or place selected by the Ocean Carrier or to carry them back to the
 port of loading or place of receipt and there discharge them . Any actions
 under (3) or (4) above shall constitute complete and final delivery and full
 performance of this contract, and the Ocean Carrier thereafter shall be free
 from any responsibility for carriage of the Goods. (B) If, after storage,
 discharge, or any actions according to subpart (A) above the Ocean 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 the
 Merchant without any liability whatsoever in respect of such agency. The
 Merchant shall reimburse the Ocean Carrier forthwith upon demand for all
 extra freight charges and expenses incurred for any actions taken according
 to subpart (A), including delay or expense to the Vessel, and the Ocean
 Carrier shall have a lien upon the Goods to that extent. (C) The situations
 referred to in subpart (A) above shall include, but shall not be limited to,
 those caused by the existence or apprehension of war declared or undeclared,
 hostilities, riots, civil commotions, or other disturbances closure of,
 obstacle in, or danger to any port or canal, blockade, prohibition, 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
 Ocean Carrier or its Subcontractors, congestion of port, wharf, sea
 terminal, or similar place, shortage, absence or obstacles of labor or
 facilities for loading, discharge, delivery, or other handling of the Goods,
 epidemics or diseases, bad weather, shallow water, ice, landslip, or other
 obstacles in navigation or carriage (D) The Ocean 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 Vessel 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 Vessel, 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 contractual carriage and shall not be a deviation.
 
9. (Description and Particulars of Goods) Any reference on the face of this
 Bill of Lading to marks, numbers, description, quantity, quality, gauge,
 weight, measure, nature, kind, value, and any other particulars of the
 Goods, is as furnished by the Merchant. The Ocean Carrier shall not be
 responsible for the accuracy of any such reference and is not bound thereby.
 The Merchant warrants to the Ocean Carrier that the descriptions and
 particulars furnished by him are correct, and the Merchant shall indemnify
 the Ocean Carrier against all loss, damage, expenses, liability, penalties
 and fines arising or resulting from inaccuracy of any description or
 particular. Merchant acknowledges that it is required to provide verified
 weights obtained on calibrated, certified equipment of all cargo that is to
 be tendered to steamship lines. Shipper agrees that Carrier is entitled to
 rely on the accuracy of such weights and to counter-sign or endorse it as
 Carrier s own certified weight to the steamship line carrying the cargo.
 The Merchant agrees that it shall indemnify and hold the Carrier harmless
 from any and all claims, losses, penalties or other costs resulting from any
 incorrect or questionable verification of the weight provided by Merchant or
 its agent or contractor on which the Carrier relies.
 
10. (Use of Container) When the Goods are not already packed into a container
 at the time of receipt by the Ocean Carrier, the Ocean Carrier shall be at
 liberty to pack and carry the Goods in any type of container.
 
11. (Ocean Carrier's Container) (A) The Merchant assumes full responsibility
 for and shall indemnify the Ocean Carrier against any loss of or damage to
 the Ocean Carrier's containers and other equipment if the loss or damage is
 caused or occurs while in the possession or control of the Merchant, his
 agents, or common carriers engaged by or on behalf of the Merchant (B) The
 Ocean Carrier shall in no event be liable for, and the Merchant shall
 indemnify and hold the Ocean Carrier harmless from, any death of or injuries
 to persons, or loss of or damage to property, caused by the Ocean Carrier's
 container or its contents while in the possession or control of the
 Merchant, his agents, or common carriers engaged by or on behalf of the
 Merchant.
 
12. (Container Packed by Merchant) If the cargo received by the Ocean or
 Inland Carrier is in a container packed by or on behalf of the Merchant. (A)
 this Bill of Lading is prima facie evidence of the receipt only of the
 number on the face of this Bill of Lading. The condition and particulars of
 the contents are unknown to the Ocean and Inland Carriers, and the Ocean
 Carrier accepts no responsibility for the accuracy of the description of
 condition or particulars. (B) The Merchant warrants (1) that the stowage of
 the contents of the containers and the closing and sealing of the containers
 are safe and proper, and (2) that the containers and their contents are
 suitable for handling and carriage in accordance with the terms of this Bill
 of Lading, including Article 15. In the event of the Merchant's breach of
 any of these warranties, the Merchant and not the Ocean Carrier shall be
 responsible for, and the Merchant shall indemnify and hold Ocean Carrier
 harmless from, any resulting loss or damage to persons or property
 (including the Goods) (C) The Merchant shall inspect the container when it
 is furnished by or on behalf of the Ocean Carrier, and the container shall
 be deemed to have been accepted by the Merchant as being in sound and
 suitable condition for the purpose of the transport contracted for in this
 Bill of Lading, unless the Merchant gives notice to the contrary, in
 writing, to the Ocean Carrier before the transport. (D) If the container is
 delivered after transport by the Ocean or Inland Carrier with seals intact,
 such delivery shall be deemed to be full and complete performance of the
 Ocean Carrier's obligation under this Bill of Lading, and the Ocean Carrier
 shall not be liable for any loss of or damage to the contents of the
 container. (E) The Ocean and Inland Carrier shall have the right to open the
 container and to inspect its contents without notice to the Merchant, at
 such time and place as the Ocean or Inland Carrier may deem necessary, and
 all expenses incurred therefrom shall be borne by the Merchant. (F) If any
 seal of the container is broken by customs or other authorities for
 inspection of its contents, the Ocean Carrier shall not be liable for any
 resulting loss, damage or expenses.
 
13. (Special Carriage or Container) (A) The Ocean Carrier does not undertake
 to carry the Goods in refrigerated, heated, insulated, ventilated, or any
 other special hold or container, nor to carry any special container packed
 by or on behalf of the Merchant, but the Ocean Carrier will treat such Goods
 or container only as ordinary goods or dry container, respectively, unless:
 (1) special arrangements for the carriage of such Goods or container have
 been agreed to in writing between the Ocean Carrier and the Merchant; (2)
 such special arrangements are noted on the face of this Bill of Lading; and
 (3) special freights as required has been paid. The Ocean Carrier shall not
 be responsible for the function of a special container supplied by or on
 behalf of the Merchant. (B) The Ocean 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 or heating
 machinery, insulation, ship's plant, or other such apparatus of the Vessel
 or container, provided that the Ocean Carrier shall before or at the
 beginning of the transport exercise due diligence to maintain the special
 hold or container in an efficient state. (c) If the Goods have been packed
 into a refrigerated container by the Ocean or Inland Carrier, and the
 particular temperature range requested by the Merchants is inserted in this
 Bill of Lading, the Ocean Carrier will set the thermostatic controls within
 the requested temperature range but does not guarantee the maintenance of
 such temperature inside the container. (D) If the cargo received by the
 Ocean or Inland Carrier is in a refrigerated container packed by or on
 behalf of the Merchant, it is the obligation of the Merchant to stow the
 contents properly and set the thermostatic controls exactly. The Ocean
 Carrier shall not be liable for any loss of or damage to the Goods arising
 out of or resulting from the Merchant's failure in such obligation and Ocean
 Carrier does not guarantee the maintenance of the intended temperature
 inside the container.
 
14. (Dangerous Goods, Contraband) (A) The Ocean Carrier undertakes to carry
 Goods of an explosive, inflammable, radioactive, corrosive, damaging,
 poisonous, or dangerous nature only upon the Ocean Carrier's approval of a
 written application by the Merchant prior to the carriage of such Goods.
 Such application must accurately state the name, nature and classification
 of the Goods, as well as how they are dangerous and the method o rendering
 them innocuous, together with the full names and addresses of the shipper
 and the consignee. (B) The Merchant shall undertake that the nature and
 danger of such Goods is distinctly hand permanently marked on the outside of
 the package or container containing the Goods. (C) Merchant shall submit all
 documents or certificates required in connection with such Goods by any
 applicable statue or regulation or by the Ocean Carrier (D) Whenever the
 Goods are discovered to have been received by the Ocean or Inland Carrier
 without complying with subparts (A), (B) or (C) above, or the Goods are
 found to be contraband or prohibited by any law or regulation of any place
 during the transport, the Ocean Carrier shall be entitled to have such Goods
 rendered innocuous, thrown overboard, discharged, or otherwise disposed of
 at the Ocean Carrier's discretion without compensation, and the Merchant
 shall be liable for and indemnify the Ocean Carrier against any loss, damage
 or liability, including loss of freight, and any other expenses directly or
 indirectly arising out of custody or carriage of such Goods. (E) The Ocean
 Carrier may exercise the right conferred upon it under the preceding subpart
 whenever it is apprehended that Goods received in compliance with subparts
 (A), (B) and (C) above have become dangerous, even if not dangerous when
 received by the Ocean or Inland Carrier. (F) The Ocean Carrier has the right
 to inspect the contents of any package or container at any time and place
 without the prior notice to Merchant and at the risk and expense of the
 Merchant.
 
15. (Stowage Under and on Deck) (A) Goods in containers, vans, trailers, or
 chassis may be carried under deck or on deck, and when such Goods are
 carried on deck the Ocean Carrier shall not be required to specially note
 mark, or stamp any statement of "on deck stowage" on the face of this Bill
 of Lading, any custom to the contrary notwithstanding. Such on deck carriage
 shall not be considered a deviation. (B) Goods stowed in poop, forecastle,
 deck house, shelter deck, passenger space, or any other covered-in-space, or
 stowed in a container wherever placed, shall be deemed to be stowed under
 deck for all purposes including general average. (C) Lumber, earth moving
 equipment and all other Goods customarily or reasonably carried on deck may,
 at Ocean Carrier's option, be carried on deck without further notice to
 Merchant and without liability to the Ocean Carrier for the risks inherent
 in or incident to such carriage. Such on deck carriage shall not be
 considered a deviation. (D) In respect of Goods not in containers and
 carried on deck, and stated on this Bill of Lading to be so carried, all
 risks of loss or damage from perils inherent in or incident to the custody
 or carriage of such Goods shall be borne by the Merchant and in all other
 respects the Ocean Carrier shall have the benefit of the provisions of the
 applicable, version of the Hague Rules (including U.S. COGSA,
 notwithstanding Section 1301 (c) thereof) and the terms of this Bill of
 Lading
 
16. (Live Animals and Plants) With respect to the custody and carriage of
 live animals and plants, all risks of loss or damage by perils inherent in
 or incident to such carriage shall be borne by the Merchant, and in all
 other respects the Ocean Carrier shall have the benefit of the provisions of
 the applicable version of the Hague Rules (including U.S. COGSA,
 notwithstanding Section 1301(c) thereof) and the terms of this Bill of
 Lading.
 
17. (Valuable Goods) The Ocean 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 of art, curios, heirlooms, or any other valuable goods,
 including goods having particular value only for the Merchant, unless the
 true nature and value of the Goods have been declared in writing by the
 Merchant before receipt of the Goods by the Ocean or Inland Carrier, the
 same is inserted on the face of this Bill of Lading and additional freight
 has been paid as required.
 
18. (Heavy Lift) (A) The weight of a single piece or package exceeding 2,240
 lbs. gross must be declared by the Merchant in writing before receipt by the
 Ocean or Inland Carrier and must be marked clearly and durably on the
 outside of the piece or package in letters and figures not less than two
 inches high. (B) If the Merchant fails in his obligations under the
 preceding subpart (1) the Ocean Carrier shall not be responsible for any
 loss of or damage to in connection with the Goods. (2) the Merchant shall be
 liable for resulting loss of or damage to any person or property, and (3)
 Merchant shall indemnify the Ocean Carrier against any resulting loss,
 damage, or liability suffered by the Ocean Carrier.
 
19. (Delivery by Marks) (A) The Ocean Carrier shall not be liable for failure
 or delaying delivery in accordance with marks, unless such marks have been
 clearly and durably stamped or marked upon the Goods, package, or container
 by the Merchant before they are received by the Ocean or Inland Carrier, in
 letters and numbers not less than two inches high, together with the names
 of the port of discharge and place of delivery. (B) In no circumstances
 shall the Ocean Carrier be responsible for delivery in accordance with other
 than leading marks. (C) The Merchant warrants that the marks on the Goods,
 packages and containers correspond to the marks shown on this Bill of Lading
 and also in all respects comply with all laws and regulations in force at
 the port of discharge or place of delivery. The Merchant shall indemnity the
 Ocean Carrier against all loss, damage or expenses resulting from inaccuracy
 or incompleteness of the marks. (D) Goods that cannot be identified as to
 marks or numbers, cargo sweeping liquid residue and any unclaimed goods not
 otherwise accounted for may be allocated for the purpose for completing
 delivery to the various Merchants of Goods of like character in proportion
 to any apparent shortage, loss of weight or damage.
 
20. (Delivery) (A) The Ocean Carrier shall have the right to deliver the
 Goods at any time at the Vessels side, customhouse, warehouse, wharf, or any
 other place designated by the Ocean Carrier, within the geographic limits of
 the port of discharge or place of delivery shown of the face of this Bill of
 Lading (B) The Ocean Carrier's responsibility shall cease when the Goods
 have been delivered to the Merchant, Inland Carrier, connecting carrier or
 any other person entitled to receive the Goods on Merchant's behalf at the
 place designated by the Ocean Carrier. Delivery of the Goods to the custody
 of customs or any other public authority shall constitute final discharge of
 the Ocean Carrier's responsibility. (C) In case the cargo received by the
 Ocean Carrier is containers packed by or on behalf of the Merchant (1) The
 Ocean Carrier shall only be responsible for delivery of the total number of
 containers received (2) The Ocean Carrier shall not be required to unpack
 the containers and deliver their contents in accordance with brands, marks,
 numbers sizes, to types of items or pieces (3) At the Ocean Carriers
 discretion and upon the Merchant's request in writing to the Ocean Carrier
 at least 3 days prior to the scheduled date of arrival the of Vessel at the
 port of discharge containers may be unpacked and their contents delivered by
 the Ocean Carrier in accordance with the written request. In such a case if
 the seal of the containers is intact at the time of unpacking all the Ocean
 Carrier's obligations under this Bill of Lading shall be deemed to have been
 discharged, the Ocean Carrier shall not be responsible for any loss or
 damage resulting from such delivery and the Merchants shall be liable for an
 appropriate adjustment of the freight and any additional charges incurred
 (D) If the Goods have been packed into a container by the Ocean Carrier
 shall unpack the container and deliver its contents and the Ocean Carrier
 shall not be required to deliver the Goods in the container. At the Ocean
 Carrier's discretion, and subject to prior arrangement between the Merchant
 and the Ocean Carrier the Goods may be delivered to Merchant in the
 container, in which case if the container is delivered with seals intact all
 the Ocean Carrier's obligations under this Bill of Lading shall be deemed to
 have been discharged, and the Ocean Carrier shall not be responsible for any
 loss or damage to the contents of the container. (E) Optional delivery shall
 be granted only when arranged prior to the time of receipt of the Goods by
 Ocean Carrier and if expressly stated on the face of this Bill of Lading.
 The Merchant desiring to avail himself of the option so expressed must give
 notice in writing to the Ocean Carrier at the first port of call named in
 the option at least 48 hours prior to the Vessel's arrival there, otherwise
 the Goods shall be landed at any of the optional ports at Ocean Carrier's
 option, and the Ocean Carrier's responsibility shall then cease. (F) Ocean
 Carrier is not responsible to give notification, in writing or otherwise,
 either to Merchant or others, of the arrival, discharge, or disposition of
 Goods, any custom or agreement to the contrary notwithstanding, and
 notwithstanding any notation on the face of this Bill of Lading, concerning
 notification or a notify party.
 
21. (On-Carriage and Forwarding) (A) Whether arranged beforehand or not, the
 Ocean Carrier shall be at liberty without notice to carry the Goods wholly
 or partly by the named or any other Vessel, craft barge, or other means of
 transport by water, land or air, whether or not owned or operated by the
 Ocean Carrier. (B) The Ocean Carrier may under any circumstances whatsoever
 discharge the Goods or any part of them at any port or place for
 transshipment and store them afloat or ashore and then forward them by any
 means of transport. (C) If the Goods cannot be found at the port of
 discharge or place of delivery, or if they be miscarried, they, when found,
 may be forwarded to their intended port of discharge or place of delivery at
 the Ocean Carrier's expense, but the Ocean Carrier shall not be liable for
 any loss, damage, delay, or depreciation arising from such forwarding. (D)
 In case of Port-to-Port Transportation, transshipment of cargo, or receipt
 of cargo from ports or inland points not including within the ship's
 itinerary or the Ocean Carrier's service, is to be at the sole risk and
 expense of the Merchant, and neither the Ocean Carrier not its Vessel shall
 be deemed to be the agent or principal of a prior or subsequent carrier
 notwithstanding the issuance by the Ocean Carrier of a bill of lading,
 receipt, or other shipping document at a time or place prior to that at
 which the Goods are received by the Ocean Carrier
 
22. (Fire) The Ocean Carrier shall not be responsible for any loss of or
 damage to the Goods arising from fire occurring at any time, even though
 before loading on or after discharge from the Vessel, unless caused by the
 actual fault or privity of the Ocean Carrier.
 
23. (Lien) Carrier shall have a lien on any and all property (and documents
 relating thereto) of Merchant in its actual or constructive possession,
 custody or control or en route, for all claims for charges, expenses or
 advances incurred by Carrier in connection with this shipment, or any
 previous shipment, of Merchant, or both, which lien shall survive delivery,
 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.
 
24. (Freight and Charges) (A) Freight may be calculated on the basis of the
 particulars of the Goods furnished by the Merchant, who shall be deemed to
 have guaranteed to the Ocean Carrier the accuracy of the contents, weight,
 measure, or value as furnished by him at the time of receipt of the Goods by
 the Ocean or Inland Carrier, but the Ocean Carrier for the purpose of
 ascertaining the actual particulars may at any time and at the risk and
 expense of the 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, the Merchant shall
 be liable for and bound to pay to the Ocean Carrier: (1) the balance of
 freight between the freight charged and that which would have been due had
 the correct details been given, plus (2) expenses incurred in determining
 the correct details, plus (3) as liquidated and ascertained damages, an
 additional sum equal to the correct freight. (B) Full freight to the port of
 discharge or place of delivery shall be considered as completely earned on
 receipt of the Goods by the Ocean Carrier, whether the freight be stated or
 intended to be prepaid or to be collected at destination. The Ocean Carrier
 shall be entitled to all freight and other charges due hereunder, whether
 actually paid or not and to receive and retain such freight and charges
 under any circumstances, whether the Vessel and/or the Goods be lost or not,
 or the voyage be broken up, frustrated, or abandoned at any stage of the
 entire transit. Full freight shall be paid on damaged or unsound Goods. (C)
 The Payment of freight and/or charges shall be made in full and in cash
 without any offset, counter claim, or deduction. Where freight is payable at
 the port of discharge or place of delivery, such freight and all other
 charges shall be paid in the currency named in this Bill of Lading, or, at
 Ocean Carrier's option, in other currency subject to the regulators of the
 freight conference concerned, if any, or custom at the place of payment. (D)
 Goods once received by the Ocean Carrier cannot be taken away or disposed of
 by the Merchant except upon the Ocean Carrier's consent and after payment of
 full freight and compensation for any loss sustained by the Ocean Carrier
 through such taking away or disposal. (E) If the Goods are not available
 when the Vessel is ready to load: (1) The Ocean Carrier is relieved of any
 obligation to load such Goods and the Vessel may leave the port without
 further notice. (2) Unless the unavailability arises in the course of
 combined transport and is caused by the failure of an Inland Carrier to
 perform its obligations under this Bill of Lading, dead freight shall be
 paid by the Merchant. (F) The Merchant shall be liable for and shall
 indemnify the Ocean Carrier against: (1) all dues, duties, taxes, consular
 fees, and other charges levied on the Goods, and (2) all fines, damages and
 losses sustained by the Ocean Carrier in connection with Goods, howsoever
 caused, including the Merchant's failure to comply with laws and regulations
 of any public authority in connection with the Goods, or failure to procure
 consular, Board of Health, or other certificates to accompany the Goods. The
 Merchant shall be liable for return freight and changes on any Goods refused
 exportation or importation by any public authority. (G) If the Ocean Carrier
 is of the opinion that the Goods are in need of sorting, inspecting,
 mending, repairing, or reconditioning, or otherwise require protecting or
 caring for, the Ocean Carrier at its discretion may, by itself or through
 Subcontractors, and as agent for the Merchant, carry out such work at the
 risk and expense of the Merchant. (H) The shipper, consignor, consignee,
 owner of the Goods and holder of this Bill of Lading shall be jointly and
 severally liable to the Ocean Carrier for the payment of all freight and
 charges and for the performance of the obligations of any of them under this
 Bill of Lading
 
25. (Notice of Claim and Time for Suit against Ocean Carrier) (A) Unless
 notice of loss or damage and the general nature of such loss or damage be
 given in writing to the Ocean Carrier at the port of discharge or place of
 delivery before or at the time of delivery of the Goods or, if the loss or
 damage is not apparent, within 3 days after delivery, the Goods shall be
 deemed to have been delivered as described in this Bill of Lading. (B) The
 Ocean Carrier shall be discharged from all liability in respect of the
 Goods, including without limitation nondelivery, misdelivery, delay, loss,
 or damage, unless suit has been brought within one year after delivery of
 the Goods or the date when the Goods should have been delivered. Suit shall
 not be considered to have been "brought" within the time specified unless
 process shall have been served and jurisdiction obtained over the Ocean
 Carrier within such time.
 
26. (Limitation of Liability) (A) Subject to subpart (B) below for the
 purpose of determining the extent of the Ocean Carrier's liability for loss
 of or damage to the Goods, the Merchant agrees that the value of the Goods
 is the Merchant's net invoice cost, plus freight and insurance premium, if
 paid. The Ocean Carrier shall not be liable for any loss of profit or any
 consequential loss. (B) Insofar as the loss of or damage to or in connection
 with the Goods was caused during the part of the custody or carriage to
 which the applicable version of the Hague Rules applies: (1) The Ocean
 Carrier shall not be liable for loss or damage in an amount exceeding the
 minimum allowable per package or unit in the applicable version of the Hague
 Rules, which when U.S. COGSA is applicable is an amount not exceeding U.S.
 $500 per package or customary freight unit, unless the value (and nature) of
 Goods higher than this amount has been declared in writing by the Merchant
 before receipt of the Goods by the Ocean Carrier and inserted on the face of
 this Bill of Lading and extra freight has been paid as required. If the
 actual value of the Goods per package or unit exceeds such declared value,
 the value shall nevertheless be deemed to be the declared value, and the
 Ocean Carrier's liability, if any, shall not exceed the declared value. Any
 partial loss or damage shall be adjusted pro rata on the basis of such
 declared value. If the declared value has been willfully misstated or is
 markedly higher than the actual value, the Ocean Carrier shall not be liable
 to pay any compensation. (2) Where the cargo has been packed into a
 container or unitized into a similar article of transport by or on behalf of
 the Merchant, it is expressly agreed that the number of such containers or
 similar articles of transport shown on the face of this Bill of Lading shall
 be considered as the number of the packages or units for the purpose of the
 application of the limitation of liability provided for in this Article.
 
27. (General Average: New Jason Clause) (A) General average shall be
 adjusted, stated and settled at any port or place as the Ocean Carrier's
 option and according to the York-Antwerp Rules, 1974 and as to matters not
 provided for by these Rules, according to the laws and usages of the port or
 place of adjustment and in the currency selected by the Ocean Carrier. The
 general average statement shall be prepared by the adjusters appointed by
 the Ocean Carrier. Average agreement or bond and such cash deposit as the
 Ocean Carrier may deem sufficient to cover the estimated contribution of the
 Goods and any salvage and special charges thereon and any other additional
 securities as the Ocean Carrier may require shall be furnished by the
 Merchant to the Ocean Carrier before delivery of the Goods. (B) In the event
 of accident, danger, damage, or disaster before or after commencement of the
 voyage, resulting from any cause whatsoever, whether due to negligence or
 not for which or for the consequence of which the Ocean Carrier isn't
 responsible by statue, contract, or otherwise, the Goods and the Merchant
 shall jointly and severally contribute with the Ocean Carrier in general
 average to the payment of any sacrifices, loss, or expenses of a general
 average nature that may be made or incurred, and shall pay salvage and
 special charges incurred in respect of the Goods. If a salvage ship is owned
 or operated by the Ocean Carrier, salvage shall be paid for as fully and in
 the same manner as if such salvaging ship belonged to strangers.
 
28. (Both to Blame Collision) If the Vessel comes into collision with another
 ship as a result of the negligence of the other ship and any act, neglect,
 or default of the Master, mariner, pilot, or servants of the owner of the
 Vessel in the navigation or in the management of the Vessel, the Merchant
 shall indemnify the Ocean Carrier against all loss or liability which might
 be incurred directly or indirectly to the other or non-carrying ship or her
 owners insofar as such loss or liability represents loss of or damage to his
 Goods or any claim whatsoever of the Merchant paid or payable by the other
 or non-carrying ship or her owners to the Merchant and set-off, recouped, or
 recovered by the other or non-carrying ship or her owners as part of their
 claim against the carrying Vessel or its owner. The foregoing provisions
 shall also apply 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 in respect of a collision contact stranding or other
 accident.
 
29. (Carriage of Metal Products, Lumber, Cotton) (A) The term "apparent good
 order and condition" when used in this Bill of Lading does not mean: (1)
 with reference to iron, steel, or metal products, that the Goods when
 received were free from visible rust or moisture. (2) with reference to
 lumber, timber, plywood, or other wood products, that the Goods when
 received were free from visible stains, discoloration, moisture, shakes,
 holes, chaffed, breakage or splitting. If the Merchant so requests a
 substitute bill of lading will be issued setting forth any notations as to
 the foregoing that may appear on the mate's or tally clerk's receipts or
 similar document. (B) Description of the condition of cotton cargo does not
 relate to the sufficiency or not or condition of the covering nor to any
 damage, resulting therefrom. Ocean Carrier shall not be responsible for any
 such damage.
 
30. (Grain) Discharge of grain received by the Ocean Carrier in bulk may be
 in port, on barges, and or lighters, or elsewhere, using or not using
 elevators, and such discharge shall constitute a sufficient delivery by the
 Carrier. Thereafter said grain shall be at the risk and expense of the
 Merchant.
 
31. (Intermodal Transportation) (A) This Bill of Lading may be issued for
 Intermodal Transportation in any country. When so issued as between the
 Merchant and an Inland Carrier custody and carriage of the Goods by the
 Inland Carrier are subject to the relevant laws, regulations, tariffs and
 bill of lading are available from the Ocean or Inland Carrier upon request.
 (B) Claims by the Merchant against an Inland Carrier for loss or damage
 shall be given and suit commenced as provided in the Inland Carrier's
 applicable bill of lading
 
32. (Ocean Carrier's Tariff) This Bill of Lading is subject to the Ocean
 Carrier's application tariff. Copies of the applicable tariff are obtainable
 from the Ocean Carrier upon request.
 
33. (Severability of Terms) The terms of this Bill of Lading are severable
 and if any part or term is declared invalid or unenforceable, the validity
 or enforceability, of any other part or term shall not be affected.
 
34. (Himalaya Clause) All exceptions, exemptions defenses immunities,
 limitations on liability, privileges and conditions granted or provided by
 this Bill of Lading or by applicable tariff or by statue or for the benefit
 of the Carrier shall also apply to and for the benefit of the officers and
 employees of the Carrier and the agents, officers and crew of the Vessel and
 to and for the benefit of all parties performing services in connection with
 the Goods as agents or contractors of the Carrier (including, without
 limitation, stevedores, terminal operators and agents) and the employees of
 each them.

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