RULE: 8 - BILL OF LADING TERMS AND CONDITIONS Eff: 13OCT2017

Effective 13OCT2017
Filed 13OCT2017
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:
     
1.  (a) Except as otherwise provided herein, this Bill of 
Lading shall have effect subject to the provisions of the 
Carriage of Goods by Sea Act of the United States of 
America, approved April 16, 1936, which shall be deemed to 
be incorporated herein, and nothing herein contained shall 
be deemed a surrender by the Carrier of any of its rights 
or immunities or an increase of any of its responsibilities
or liabilities under said Act.  The provisions stated in 
said Act (except as otherwise specifically provided herein)
shall govern before loading on and after discharge from the
vessel and throughout the entire time the Goods are in the 
custody of the Carrier.  If this Bill of Lading is issued 
or delivered in a locality where there is in force a 
compulsorily applicable Carriage of Goods by Sea Act, 
ordinance or statute of a nature similar to the 
International Convention for the Unification of Certain 
Rules Relating to Bills of Lading dated at Brussels, August
25, 1924, it shall be subject to the provisions of said 
Act, Ordinance or Statute and rules thereto annexed. 
     
    (b) The Carrier shall be entitled to the full benefit 
of, and right to all limitations of, or exceptions from, 
liability authorized by any provisions of Sections 4261 to 
4288, Inclusive, of the Revised Statutes of the United 
States and amendments thereto and of any other provisions 
of the Laws of the United States or of any other country 
whose laws shall apply.
   
2.  In this Bill of Lading.
    (a) "Carrier" means and includes the carrier named on 
the face side hereof, the vessel, her owner, Master 
operator, demise charterer, and if bound hereby, the time 
charterer, and any substitute Carrier whether the owner, 
operator, charterer or Master shall be acting as carrier or
bailee; 
    
   (b) "Vessel" means and includes the ocean vessel on 
which the Goods are shipped, named on the face hereof, or 
any substitute vessel, also any feeder ship, ferry, barge, 
lighter or any other watercraft used by the Carrier in the 
performance of this contract;
    
   (c) "Merchant" means and includes the shipper, the 
consignee, the receiver, the holder of this bill of lading,
the owner of the Goods or person entitled to the possession
of the Goods and the servants or agents of any of these;
    
   (d) "Charges" means and includes freight and all 
expenses and money obligations incurred and payable by the 
Merchant;
     
   (e) "Goods" means and includes the cargo received from 
the shipper and described on the face side hereof and any 
Container not supplied by or on behalf of the Carrier;
    
   (f) "Container" means and includes any container, van, 
trailer, transportable tank, flat, pallet or any similar 
article of transport; 
    
   (g) "Person" means and includes an individual, 
corporation, partnership or other entity as the case may 
be;
    
   (h) "Participating Carrier" means and shall include any 
other water, land or air carrier performing any stage of 
the Combined Transport.
    
3.  It is understood and agreed that other than the said 
Carrier, no person whatsoever (including the Master, 
officers and crew of the vessel, all servants, agents, 
employees, representatives, and all stevedores, terminal 
operators, crane operators, watchmen, carpenters, ship 
cleaners, surveyors and other independent contractors 
whatsoever) is or shall be deemed to be liable with respect
to the Goods as carrier, bailee or otherwise howsoever, in
contract or in tort.  If, however, it should be adjudged 
that any other than said carrier is under any 
responsibility with respect to the Goods, all limitations 
of and exonerations from liability provided by law or by 
the terms receipt shall be available to such other persons 
as herein described in contracting for the foregoing 
exemptions, limitations and exonerations from liability, 
the Carrier is acting as agent and trustee for and on 
behalf of all persons described above, all of whom shall to
this extent be deemed to be a party in this contract 
evidenced by this Bill of Lading.  It being always 
understood that said beneficiaries are not entitled to any
greater or further exemptions, limitations or exonerations
from liability than those that the carrier has under this 
Bill of Lading in any given situation.
    
4.  Subject to all rights, privileges and limitations of 
and exonerations from liability granted to the ocean 
carrier under this Bill of Lading or by law, any liability 
by the respective participating carriers for loss or damage
to the Goods or packages carried hereunder shall be 
governed by the following:
     
   (a) If loss or damage occurs while the Goods or packages
are in the custody of the ocean carrier, only the ocean 
carrier shall be responsible therefor, and any liability of
the ocean carrier shall be determined by the terms and 
conditions of this Bill of Lading and any law compulsorily 
applicable.
       
   (b) If loss or damage occurs while the Goods or packages
are in the custody of a participating domestic or foreign 
Carrier, only the participating domestic or foreign 
Carrier(s) shall be responsible therefor, and any liability
of such participating domestic or foreign Carrier(s) shall 
be determined, in respective order, by the terms, 
conditions and provisions of the applicable participating 
domestic or foreign Carrier's Bill(s) of Lading, whether 
issued or not, tariff(s) and law compulsorily applicable in
the circumstances. 
   
   (c) Notwithstanding subdivision (a) and (b) hereof, it 
is contemplated that the Goods or packages will from time 
to time be carried in through transportation that will 
include inland transportation within the United States, by 
Railroad and sea carriage by one or more of the other 
Carriers above defined. (When used on or endorsed on this 
Bill of Lading the words "on board" shall mean and include 
on board the original carrying vessel when the Goods or
packages are being transported from a foreign port or place
to the Continental United States to a foreign port or place
"on board" shall mean and include on board a rail car 
operated by the originating carrier and enroute by rail to 
the port of loading for loading on board the Carrier's or 
participating Carrier's vessel).  
     
   (d) If loss or damage occurs after the receipt of the 
Goods or packages hereunder, and it cannot be determined 
from the records of this ocean Carrier or participating 
domestic or foreign Carrier(s) whether such damage or loss 
occurred during ocean, domestic or foreign carriage, it 
shall be conclusively presumed that the loss or damage 
occurred on board the vessel and while the Goods or 
packages were in the custody of the ocean Carrier.
    
   (e) At all times when the Goods or packages are in the 
custody of the above-mentioned participating domestic or 
foreign Carriers, such Carriers shall be entitled to all 
the rights, defenses, exceptions from or limitations of 
liability and immunities of whatsoever nature referred to 
or incorporated herein applicable or granted to the Carrier
as herein defined, to the full extent permitted to such
domestic and foreign Carriers under this Bill(s) of Lading,
tariffs and any other laws applicable or relating thereto, 
provided however, that nothing contained in this Bill of 
Lading shall be deemed a surrender by these domestic or 
foreign Carriers of any of their rights and immunities or 
an increase of any of their limitations of and exonerations
from liability under their said Bill(s) of Lading, tariffs 
or laws applicable or relating to said carriage. 
     
   (f) In making any arrangements for transportation by 
participating domestic or foreign Carriers of the Goods or 
packages carried hereunder, either before or after ocean 
carriage, it is understood and agreed that the ocean 
Carrier acts solely as agent of the Merchant, without any 
other responsibility whatsoever, and it assumes no 
responsibility as Carrier for such domestic or foreign
transportation.
   
   (g) Notice of loss or damage and claim against the ocean
Carrier, where applicable, shall be given to the ocean 
Carrier, and suit commenced as provided for in Clauses 30 
and 31 hereof.  Notice of loss or damage against the 
participating domestic or foreign Carrier(s), where 
applicable, shall be filed with the participating domestic 
or foreign Carrier(s) and suit commenced as provided for in
the terms, conditions and provisions of said Carrier(s) 
Bill(s) of Lading or by law applicable thereto.  It is 
understood by the Merchant that such terms, conditions and 
provisions, as they pertain to notice of, and claim for, 
loss or damage and commencement of suit, contain different 
requirements than these requirements pertaining to ocean 
Carriage as contained in Clauses 30 and 31 hereof.
    
5.  The Goods carried hereunder are subject to all the 
terms and provisions of the Carriers applicable Tariff or 
Tariffs on file with the Federal Maritime Commission, 
Interstate Commerce Commission or any other regulatory body
which governs a particular portion of this carriage, and 
the terms and provisions of the said Tariff or Tariffs are 
hereby incorporated herein as part of the Terms and 
Conditions of this Bill of Lading.  Copies of the relevant 
provisions of the applicable Tariff or Tariffs are 
obtainable from the Carrier, Federal Maritime Commission, 
Interstate Commerce Commission or other regulatory body 
upon request.  In the event of any conflict between the 
terms and provisions of such Tariff or Tariffs and the 
Terms and Conditions of this Bill of Lading, this Bill of 
Lading shall prevail.
   
6.  The Merchant warrants that in agreeing to the Terms and
Conditions hereof, he is, or has the authority of, the 
person owning or entitled to the possession of the Goods 
and this Bill of Lading.
   
7.  (a) The Carrier shall be entitled to sub-contract on 
any terms the whole or any part of the carriage, loading, 
unloading, storing, warehousing, handling and any and all 
duties whatsoever undertaken by the Carrier in relation to 
the Goods.  (b) As to through transportation, the Carrier 
undertakes to procure such services as necessary and shall 
have the right at its sole discretion to select any mode of
land, sea or air transport and to arrange participation by 
other Carriers to accomplish the combined transport from 
place of receipt to place of delivery.  Whenever any stage 
of the combined transport is accomplished by any land or 
air Carrier or any other water Carrier each such stage 
shall be controlled according to any law compulsorily 
applicable to such stage and according to the contracts, 
rules and tariffs of each participating Carrier, the same 
as if such contracts, rules and tariffs were fully set 
forth herein.
    
8.  The Carrier shall be entitled but under no obligation 
to open any Container at any time and to inspect the 
contents unless applicable law prohibits same if it 
thereupon appears that the contents or any part thereof 
cannot safely or properly be carried or carried further,
either at all or without incurring any additional expense 
or taking any measures in relation to the Container or its 
contents or any part thereof, the Carrier may abandon the 
transportation thereof and/or take any measures and/or 
incur any reasonable additional expense to carry or to 
continue the carriage or to store the same ashore or afloat
under cover or in the open, at any place, which storage 
shall be deemed to constitute due delivery under this Bill 
of Lading.  The Merchant shall indemnify the Carrier 
against any responsible additional expense as incurred.
    
9.  Carrier may containerize any Goods or packages.  
Containers may be stowed on deck or under deck and when so 
stowed shall be deemed for all purposes to be stowed under 
deck, including for General Average and U.S. Carriage of 
Goods by Sea Act, 1936 and similar legislation.
    
10.  Deck cargo (except Goods carried in containers on 
deck) and live animals are received and carrier solely at 
Merchant's risk (including accident or mortality of 
animals), and the Carrier shall not in any event be liable 
for any loss or damage thereto arising or resulting from 
any matters mentioned in Section 4. Subsection 2 (a) to 
(p).  Inclusive, of the United States Carriage of Goods by 
Seas Act, or from any other cause whatsoever not due to the
fault of the Carrier, any warranty of seaworthiness in the 
promises being hereby waived, and the burden of proving 
liability being in all respects upon the Merchant.  Except 
as provided above, such shipments shall be deemed Goods and
shall be subject to all terms and provisions of this Bill
of Lading relating to Goods.
     
11.  Special containers with heating or refrigeration units
will not be furnished unless contracted for expressly in 
writing at time of booking and, when furnished, may entail 
an increased freight rate of charge.  Shipper shall advise 
Carrier of desired temperature range when delivering Goods 
to Carrier, and Carrier shall exercise due diligence to 
maintain the temperature within a reasonable range while 
the containers are in its custody and control.  The Carrier
does not, however, accept any responsibility for the 
functioning of heated or refrigerated containers not owned 
or leased by Carrier. 
    
12.  The scope of the voyage herein contracted for shall 
include usual or customary or advertised ports of call 
whether named in this contract or not, also ports in or out
of the advertised, geographical or usual route or order, 
even though in proceeding thereto the vessel may sail 
beyond the port of discharge named herein or in a direction
contrary thereto, or return to the original port, or depart
from the direct or customary route and includes all canals,
straits, and other waters.  The vessel may call at any port
for the purpose of the current, prior or subsequent 
voyages.  The vessel may omit calling at any port whether 
scheduled or not, and may call at the same port more than 
once, may discharge the Goods during the first or 
subsequent call at the port of discharge, may for matters 
occurring before or after loading, and either with or 
without the Goods on board, and before or after proceeding 
towards the port of discharge, adjust compasses, dry dock 
with or without cargo on board, stop for repairs, shift 
berths, make trial trips or tests, take fuel or stores, 
remain in port, lie on bottom, aground or at anchor, sail 
with or without pilots, tow and be towed, and save or 
attempt to save life of property, and all of the foregoing 
are included in the contract voyage.  The vessel may carry 
contraband, explosives, munitions, warlike stores, 
hazardous cargo, and sail armed or unarmed, and with or 
without convoy.
    
     The Carrier's sailing schedules are subject to change 
without notice, both as to the sailing date and date of 
arrival.  If this is a Through Bill of Lading, no Carrier 
is bound to transport the shipment by any particular train,
truck, aircraft, vessel or other means of conveyance, or in
time for any particular market or otherwise.  No Carrier 
shall be liable for delay and any Carrier shall have the 
right to forward the Goods by substitute Carrier.
   
13.  If at any time the performance of the contract 
evidenced by this Bill of Lading is or is likely to be 
affected by any hindrance, risk, delay, difficulty or 
disadvantage of whatsoever kind which cannot be avoided by 
the exercise of reasonable endeavours, the Carrier (whether
or not the transport is commenced) may without notice to 
the Merchant treat the performance of this contract as 
terminated and place the Goods or any part of them at the 
Merchant's disposal at any place or port which the Carrier 
may deem safe and convenient, whereupon the responsibility 
of the Carrier in respect of such Goods shall cease.  The 
Carrier shall nevertheless be entitled to full freight and 
charges on Goods received for transportation and the 
Merchant shall pay any additional costs of carriage to and 
delivery and storage at such place or port.
    
14.  If the Carrier makes a special agreement, whether by 
stamp hereon or otherwise, to deliver the Goods at a 
specified dock or place, it is mutually agreed that such 
agreement shall be construed to mean that the Carrier is to
make such delivery only if, in the sole judgment of the 
Carrier, the vessel can get to, be at, and leave said dock 
place, always safely afloat, and only if such dock or place
available for immediate receipt of the Goods and that 
otherwise the Goods shall be discharged as otherwise 
provided in this Bill of Lading whereupon all 
responsibility of Carrier shall Cease.
     
15.  The port authorities are hereby authorized to grant a 
general order for discharging immediately upon arrival of 
the vessel and the Carrier, without giving notice either of
arrival or discharge, may, immediately upon arrival of the 
vessel at the designated destination, discharge the Goods 
continuously, Sundays and holidays included, at all such 
hours by day or by night as the Carrier may determine no
matter what the state of the weather or custom of the port 
may be.
     The Carrier shall not be liable in any respect 
whatsoever if heat or refrigeration or special cooling 
facilities shall not be furnished during loading or 
discharge or any part of the time that the Goods are upon 
the wharf, craft or other loading or discharging place.
    
     Landing and delivery charges and pier dues shall be at
the expense of the Goods unless included in the freight 
herein provided for, if the Goods are not taken away by the
consignee by the expiration of the next working day after 
the Goods are at his disposal, the Goods may, at Carrier's 
option and subject to Carrier's lien, be sent to store or 
warehouse or be permitted to lie where landed, but always 
at the expense and risk of the Goods.  The responsibilities
of the Carrier in any capacity shall altogether cease and 
the Goods shall be considered to be delivered and at their
own risk and expense in every respect when taken into the 
custody of Customs or other Authorities, or into that of 
any municipal or governmental concessionaire or depository.
The Carrier shall not be required to give any notification 
of disposition of the Goods, except as may be otherwise 
provided in this Bill of Lading.
                                       
16.  At ports or places where, by local law, authorities, 
or custom, the Carrier is required to discharge cargo to 
lighters or other craft, or where it has been so agreed, 
or where wharves are not available which the ship can get 
to, lie at, or leave, always safely afloat, or where 
conditions prevailing at the time render discharge at a 
wharf dangerous, imprudent, or likely to delay the vessel, 
the Merchant, shall promptly furnish lighters or other 
craft to take delivery alongside the ship, at the risk and 
expense of the Goods.  If the Merchant, fails to provide 
such lighters or other craft, Carrier, acting solely as 
agent for the Merchant, may engage such lighters or other 
craft at the risk and expense of the Goods.  Discharge of 
the Goods into such lighters or other craft shall 
constitute proper delivery, and any further responsibility 
of Carrier with respect to the Goods shall thereupon 
terminate.
    
17.  The Carrier shall have liberty to comply with any 
order or directions or recommendations in connection with 
the transport under this contract of carriage given by any 
Government or Authority or anyone acting or purporting to 
act on behalf of such Government or Authority, or having, 
under the terms of the mortgage or insurance on the vessel 
or other transport, the right to give such orders, 
directions or recommendations.   Discharge or delivery of 
the Goods in accordance with the said order or directions 
or recommendations shall be deemed a fulfillment of the 
contract.  Any extra expense incurred in connection with 
the exercise of the Carrier's liberty under this clause 
shall be paid by the Merchant in addition to freight and 
charges.
     
18.  Whenever the Carrier or Master may deem it advisable, 
or in any case where Goods are destined for port(s) or 
place(s) at which the vessel or participating carriers will
not call, the Carrier may, without notice, forward the 
whole or any part of the shipment, before or after loading 
at the original port of shipment or any other place or 
places even though outside the scope of the voyage or the 
route to or beyond the port of discharge of the destination
of the Goods, by water, by land or by air or by any 
combination thereof, whether operated by the carrier or 
others and whether departing or arriving or scheduled to 
depart or arrive before or after the ship expected to be 
used for the transportation of the shipment.  The Carrier 
may delay forwarding awaiting a vessel or conveyance in its
own service or with which it has established connections.  
In all cases where the shipment is delivered to another 
Carrier or to a lighter, Port Authority, warehousemen or 
other bailee for transshipment, the liability of this 
carrier shall absolutely cease when the Goods are out of 
its exclusive possession and shall not resume, until the 
Goods again come into its exclusive possession, and the 
responsibility of this Carrier during any such period shall
be that of an agent of the Merchant, and this Carrier shall
be without any other responsibility whatsoever.  The 
Carriage by any transshipping or on-Carrier and all 
transshipment or forwarding shall be subject to all the 
terms whatsoever in the regular form of bill of lading, 
consignment note, contract or other shipping documents used
at the time by the Carrier performing such transshipment or
forwarding.
    
19.  In any situation whatsoever and wheresoever occurring 
and whether existing or anticipated before commencement of 
or during the combined transport, which in the judgement of
the Carrier or the Master is likely to give rise to risk of
capture, seizure, detention damage, delay or disadvantage 
or loss to the Carrier or any part of the Goods, to make it
unsafe, imprudent or unlawful for any reason to receive, 
keep, load, or carry the Goods, or commence or proceed on 
or continue the transport or to enter or discharge the
Goods or disembark passengers at the port of discharge, or
the usual or agreed or intended place of discharge or
delivery, or to give rise to delay or difficulty in
proceeding by the usual or intended route the Carrier or
the Master may decline to receive, keep, load or carry the
Goods or may devan container(s) contents or any part
thereof and may require the Merchant to take delivery of
the Goods at the place of receipt of any other point in the
combined transport and upon failure to do so, may warehouse
the Goods at the risk and expense of the Goods.  The
vessel, whether or not proceeding towards or entering or
attempting to enter a port of discharge, or reaching or
attempting to reach a usual place of discharge therein or
attempting to discharge the shipment, may discharge the
Goods and/or devan the contents of any container(s) at
another port, 
depot, lighter, craft, or other place, or may forward or 
transship them as provided in this Bill of Lading, or the 
Carrier or the Master may retain the Goods, vanned or 
unvanned, on board until the return of the vessel to the 
port of loading or to the port of discharge or until such 
time as the Carrier or the Master thinks advisable and 
discharge the Goods at any place whatsoever as herein 
provided.  The Carrier or the Master is not required to 
give notice of such devanning or of discharge of the Goods 
or of the forwarding thereof as herein provided.  When the
Goods are discharged from the ship, as herein provided, 
such shall be at the risk and expense of the Goods.  Such 
discharging shall constitute complete delivery and 
performance under the contract and the Carrier shall be 
free from any further responsibility, unless it be shown 
that any loss or damage to the Goods arose from Carrier's
negligence in the discharge and delivery as herein 
provided, the burden of establishing such negligence being 
on the Merchant.  For any service rendered to the Goods as 
herein above provided or for any delay or expense to the 
vessel caused as a result thereof, the Carrier shall be 
entitled to a reasonable extra compensation and shall have 
a lien on the Goods for such carriage.  Notice of 
disposition of the Goods shall be mailed to shipper or 
consignee named in this Bill of Lading.  Goods shut out 
from the vessel named herein for any cause may be forwarded
on a subsequent vessel of this Line or at Carrier's option,
on a vessel of another Line or by other mode of 
transportation.
     
20.  Notwithstanding the foregoing the Carrier shall 
neither be liable therefor, nor concluded as to the 
correctness of any such marks, descriptions or 
representations.  When any cargo unit owned or leased by 
Carrier is packed or loaded by shipper or its agent, or 
discharged by consignee or its agent, shipper, consignee, 
receiver, holder of this Bill of Lading, owners of the 
Goods and person entitled to the possession of the Goods 
shall be and remain liable, jointly and severally, for any 
loss or damage to the cargo unit during such loading or 
discharge, howsoever occurring, until the cargo unit is 
returned to Carrier's custody and, at tariff rates, for 
any delay beyond the time allowed for such loading or 
discharge, and for any loss, damage or expense incurred by 
Carrier as a result of the failure to return the cargo unit 
to the Carrier in the same sound condition and state of
cleanliness as when received by shipper.  Such loss, 
damage, expense or delay shall constitute a lien on the 
Goods.  Where a cargo unit is to be unpacked or unloaded by
consignee or its agent, consignee or its agent shall 
promptly unpack or unload such cargo unit and take delivery
of its contents.  Irrespective of whether the Goods are 
damaged or not, Carrier shall not be liable for loss or 
damage caused to the Goods by or during such unpacking or 
loading.
     
21.  When containers, vans, trailers, transportable tanks, 
flats, palletized units, and all other packages (all 
hereinafter referred to generically as "cargo units") are 
not packed or loaded by Carrier, such cargo units shall be 
deemed shipped as "Shipper's weight load and count".  
Carrier has no reasonable means of checking the quantity, 
weight, condition or existence of the contents thereof, and
does not represent the quantity, weight, condition, or 
existence of such contents, as furnished by the shipper and
inserted in this Bill of Lading, to be accurate, and shall 
not be liable for nonreceipt or misdescription of such 
contents.  Carrier shall have no responsibility or 
liability whatsoever therefor or for the packing, loading, 
securing and/or stowage of contents of such cargo units, or
for loss or damage caused thereby or resulting therefrom, 
or for the physical suitability or structural adequacy of 
such cargo units property to contain their contents.
    
     The Merchant, whether principal or agent, by packing 
or loading the cargo unit and/or by allowing the cargo unit
to be so packed or loaded represents, guarantees and 
warrants:  (a) that the Goods are properly described, 
marked and safely and securely packed in their respective 
cargo units; that such cargo units are physically suitable,
sound and structurally adequate property to contain and
support the Goods during handling and on the transport, and
that the cargo units may be handled in the ordinary course 
without damage to themselves or to their contents, or to 
the vessel or conveyance or to their other cargo, or 
property, or persons; (b) that all particulars with regard 
to the cargo units and their contents, and the weight of
each said cargo unit, are in all respects correct; and 
(c) that they have ascertained and fully disclosed in 
writing to the Carrier and all participating Carriers on or
prior to shipment, any condition, ingredient or 
characteristic of the Goods which might indicate that they 
are inflammable, explosive, corrosive, radioactive, 
noxious, hazardous or dangerous in nature, or which might 
cause damage, injury or detriment to the Goods, or to the 
vessel, conveyance or other cargo or to property or persons
and that they have complied fully with all statutes, 
ordinances and regulations of the Department of 
Transportation of the United States of America and all 
other regulatory bodies with respect to labeling, packaging
and preparation for shipment of all such Goods.  
The shipper, consignee, receiver, holder of this Bill of 
Lading, owner of the Goods and person entitled to the 
possession of the Goods jointly and severally agree fully 
to protect and indemnify Carrier, and to hold it harmless 
in respect of any injury or death of any person, or loss or
damage to cargo or cargo unit or any other property, or to 
the vessel or conveyance or expense or line arising out of 
damage to cargo or cargo unit or any other property, or to 
the vessel or conveyance or expense or fine arising out of 
or in any way connected with breech of any of the foregoing
representations or warranties, howsoever occurring, even
without fault of shipper, consignee and/or owner of the 
Goods and even though such injury, death, loss or damage is
caused in whole or in part by fault of the Carrier or 
unseaworthiness.
    
22.  The Merchant and the Goods themselves shall be liable 
for and shall indemnify the Carrier, and the Carrier shall 
have a lien on the Goods for all expenses of mending, 
repairing, fumigating, repacking, coopering, bailing, 
reconditioning of the Goods and gathering of loose contents
of packages; also for expenses for repairing containers 
damaged while in the possession of the Merchant for 
demurrage on containers and any payment, expense, fine, 
dues, duty, tax, impost, loss, damage or detention 
sustained or incurred by or levied upon the Carrier, vessel
or conveyance in connection with the Goods, howsoever 
caused, including any action or requirement of any 
government or governmental authority or person purporting 
to act under the authority thereof, seizure under legal 
process or attempted seizure, incorrect or insufficient 
marking, numbering or addressing of containers, packages or
description of the contents, failure of the Merchant to 
procure consular, Board of Health or other certificates to 
accompany the Goods or to comply with laws or regulations 
of any kind imposed with respect to the Goods by the 
authorities at any port or place or any act or omission of 
the Merchant.  The Carrier's lien shall survive delivery 
and may be enforced by private or public sale and without 
notice.
     
23.  Freight shall be payable, at Carrier's option, on 
actual gross intake weight or measurement or any actual 
gross discharge weight or measurement or on a value or 
other basis.  Freight may be calculated on the basis of the
particulars of the Goods furnished by the shipper herein, 
but the Carrier may as previously stated herein, at any 
time open the packages or containers and examine, weigh, 
measure and value the Goods (unless applicable law 
prohibits same).  In case shipper's particulars are found 
to be erroneous and additional freight payable, the 
Merchant and the Goods shall be liable for any expense 
incurred for examining, weighing, measuring and valuing the
Goods.  Full freight shall be paid on damaged or unsound 
Goods.  Full freight hereunder to place of delivery named 
herein and advance charges (including on-Carrier's) shall 
be considered completely earned on receipt of the Goods by 
the Carrier, whether the freight be stated or intended to 
be prepaid or to be collected at destination;  and the 
Carrier shall be entitled to all freight and charges, extra
compensation, demurrage, detention, General Average, claims
and any other payments made and liability incurred with 
respect to the Goods, whether actually paid or not, and to 
receive and retain them irrevocably under all circumstances
whatsoever, vessel, conveyance and/or cargo lost, damaged 
or otherwise, or the combined transport changed, frustrated
or abandoned in case of forced abandonment or interruption 
of the combined transport for any cause, any forwarding of 
the Goods or any part thereof shall be at the risk and 
expense of the Goods.  All unpaid charges shall be paid in 
full, without any offset, counterclaim or deduction in the 
currency of the place of receipt, or, in the currency of 
the place of delivery at the demand rate of New York 
exchange as quoted on the day of Goods receipt by 
originating Carrier at place of Origin.
    
     The Merchant shall be jointly and severally liable to 
the Carrier for the payment of all freight charges and the 
amounts due to the Carrier, and for any failure of either 
or both to perform his or their obligations under the 
provisions of this Bill of Lading, and they shall indemnify
the Carrier against, and hold it harmless from, all 
liability, loss, damage and expense which the Carrier may 
sustain or incur arising or resulting from any such failure
of performance by the Merchant.  Any person, firm or 
corporation engaged by any party to perform forwarding 
services with respect to the cargo shall be considered the 
exclusive agent of the Merchant for all purposes and any of
freight to such person, firm or corporation shall not be 
considered payment to the Carrier in any event.  Failure of
such person, firm or corporation to pay any part of the 
freight to the Carrier shall be considered a default by the
Merchant in the payment of the freight.
      
     The Carrier shall have a lien on the Goods and any 
documents relating thereto, which shall survive delivery, 
for all freight charges and damages of any kind whatsoever,
and for the costs of recovering same, including expenses 
incurred in preserving this lien, and may enforce this lien
by public or private sale and without notice.  The shipper,
consignee, receiver, holder of this Bill of Lading, owner 
of the Goods and person entitled to the possession of the 
Goods shall be jointly and severally liable to the Carrier 
for the payment of all freight, charges and damages to 
aforesaid and for the performance of the obligations of 
each hereunder. 
     
24.  Carrier shall not be liable for any consequential or 
special damages, and shall have the option of replacing 
lost Goods or repairing damaged Goods.
   
25.  The weight or quantity of any bulk cargo inserted in 
this Bill of Lading is the weight or quantity as 
ascertained by a third party other than the Carrier, and 
Carrier makes no representation with regard to the accuracy
thereof.  This Bill of Lading shall not be deemed evidence 
against the Carrier of receipt of Goods or the weight or 
quantity so inserted in the Bill of Lading. 
     
26.  Neither the Carrier nor any corporation owned by, 
subsidiary to or associated or affiliated with the Carrier 
shall be liable to answer for or make good any loss or 
damage to the Goods occurring at any time and even though 
before loading on or after discharge from the ship, by 
reason or by means of any fire whatsoever, unless such fire
shall be caused by its design or neglect, or by its actual 
fault or privity.  In any case where this exemption is not 
permitted by law, Carrier shall not be liable for loss or 
damage by fire unless shown to have been caused by 
Carrier's negligence.
    
27.  If the vessel comes into collision with another vessel
as a result of the fault or negligence of the other vessel 
and any act, neglect or default of the Carrier, Master, 
mariner, pilot or the servants of the carrier in the 
navigation or in the management of the vessel, the Merchant
will indemnify the 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 the Merchant paid or payable by the
other or non-carrying vessel or her owners to the 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 vessel or Carrier.
   
     The foregoing provisions shall also apply where the 
owners, operators of those in charge of any vessel or 
vessels or objects other than, or in addition to, the 
colliding vessels or objects are at fault in respect of a 
collision, contact, stranding or other accident.  This 
provision is to remain in effect in other jurisdictions 
even if unenforceable in the Courts of the United States of
America.
  
28.  General Average shall be adjusted, stated and settled 
according to York-Antwerp Rules 1974, except Rule XII 
thereof, at such port or place as may be selected by the 
Carrier and as to matters not provided for by these Rules, 
according to the Laws and usages of New York.
    
     In such adjustment, disbursements in foreign 
currencies shall be exchanged into United States money at 
the rate prevailing on the dates made and allowances for 
damage to cargo claimed in foreign currency shall be 
converted at the rate prevailing on the last day of 
discharge at the port or place of final discharge of such 
damaged cargo from the ship.  Average agreement or bond and
such additional security as may be required by the Carrier 
must be furnished before delivery of the Goods.  Such cash 
deposit as the Carrier or his agents may deem sufficient as
additional security for the contribution of the Goods and 
for any salvage and special charges thereon shall, if
required, be made by the Goods, shippers, consignees or 
owners of the Goods to the Carrier before delivery of the 
Goods.  Notwithstanding anything hereinbefore contained, 
such deposit shall at the option of the Carrier be payable 
in United States currency and be remitted to the adjusted 
pending settlement of the General Average and refunds of 
credit balances, if any, shall be paid in United States 
currency.  In addition to the circumstances dealt with in 
the 1974 York-Antwerp Rules, it is agreed that if the 
Carrier has used due diligence in the stowage of cargo and 
if the safe prosecution of the voyage is thereafter 
imperiled in consequence of the disturbance of stowage.  
The costs of handling, discharge, reloading and restowing 
cargo shall be allowed in General Average, even though the 
handling of cargo is not necessary for the purpose of 
effecting repairs to the vessel. 
     
     In the event of accident, danger 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 Carrier is not 
responsible by statute, contract to otherwise, the Goods, 
the shipper, consignee, receiver, holder of this Bill of 
Lading, owner of the Goods and person entitled to the 
possession of the Goods, jointly and severally, shall 
contribute with the Carrier in General Average to the 
payment of any sacrifices, losses 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 salvaging ship is owned or operated by the
Carrier salvage shall be paid for as fully and in the 
manner as if such salving ship or ships were owned or 
operated by strangers.  Cargo's contribution in General 
Average shall be paid to the shipowner even when such 
average is the result of fault, neglect or error of the 
Master, pilot, officers or crew.  The Merchant expressly
renounces any and all codes, statutes, laws or regulations 
which might otherwise apply.
   
29.  In case of any loss or damage to or in connection with
Goods exceeding in actual value the equivalent of $500 
lawful money of the United States, per package, or in case 
of Goods not shipped in packages, per shipping unit, the 
value of the Goods shall be deemed to be $500 per package 
or per shipping unit.  The Carrier's liability, if any, 
shall be determined on the basis of a value of $500 per 
package or per shipping unit or pro rata in case of partial
loss or damage, unless the nature of the Goods had a 
valuation higher than $500 per package or per shipping unit
shall have been declared by the shipper before shipment and
inserted in this Bill of Lading, and extra freight paid if 
required.  In such case, if the actual value of the Goods 
per package or per shipping unit shall exceed such declared
value, the value shall nevertheless be deemed to be 
declared value and the Carrier's liability, if any, shall 
not exceed the declared value and any partial loss or 
damage shall be adjusted pro rata on the basis of such 
declared value.  The words "shipping unit" shall mean each 
physical unit or piece of cargo not shipped in a package, 
including articles or things of any description whatsoever,
except Goods shipped in bulk, and irrespective of the 
weight or measurement unit employed in calculating freight 
charges.
     Where containers, vans, trailers, transportable tanks,
flats, palletized units and other such packages are not 
packed by the Carrier, each individual such container, van,
trailer, transportable tank, palletized unit and other such
package including in each instance its contents, shall be 
deemed a single package and Carrier's liability limited to 
$500, with respect to each such package.
     
30.  As to loss or damage to the Goods or packages 
occurring or presumed to have occurred during ocean voyage,
unless notice of loss of or damage and the general nature 
of it be given in writing to the Carrier or its agent at 
the port of delivery before or at the time of the removal 
of the Goods or packages into the custody of the person
entitled to delivery thereof under this Bill of Lading or, 
if the loss or damage be not apparent, within three 
consecutive days after delivery at the port of discharge, 
such removal shall be primo facto evidence of the delivery 
by the Carrier of the Goods or packages as described in 
this Bill of Lading.
    
31.  As to loss or damage to the Goods or package occurring
to presumed to have occurred during ocean-carriage, the 
Carrier and the vessel shall be discharged from all 
liability in respect of loss, damage, misdelivery, delay or
in respect of any other breech of this contract and any 
claim whatsoever with respect to the Goods or packages, 
unless suit is brought within one year after delivery of 
the Goods or package or the date when the Goods or package 
should have been delivered.  Suit shall not be deemed 
brought unless jurisdiction shall have been obtained over 
the Carrier and/or the vessel by service of process or by 
an agreement to appear.
    
32.  Gold, silver, specie, bullion or other valuables, 
including these named or described in Sec. 4281 of the 
Revised Statutes of the United States, will not be received
by the Carrier unless their true character and value are 
disclosed to the Carrier and a special written agreement 
therefor has been made in advance, and will not, in any 
case, be loaded or landed by the Carrier.  No such 
valuables shall be considered received by or delivered to 
the Carrier until brought aboard the ship by the shipper 
and put in the actual possession of and a written receipt 
therefor is given by the Master or other officer in charge.
Such valuables will only be delivered by the Carrier aboard
the ship on presentation of bills of lading properly 
endorsed and upon such delivery on board the Carrier's
responsibility shall cease.  If delivery is not taken 
promptly after the ship's arrival at the port of discharge,
the Goods may be retained aboard or landed or carried on, 
solely at the risk and expense of the Goods.
   
33.  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 cargo; and 
acknowledgement of receipt of the Goods in apparent good 
order and condition is not a representation that such 
condition of rust oxidation and the like did not exist on 
receipt.
     
34.  Nothing in this Bill of Lading shall operate to 
deprive the Carrier of its statutory protection or 
exemption from, or limitation of, liability, contained in 
the laws of the United States, or in the laws of any other 
country which may be applicable.  This Bill of Lading shall
be construed according to the laws of the United States and
the Merchant agrees that any suits against the Carrier 
shall be brought in the Federal Courts of the United 
States.  The terms of this Bill of Lading shall be 
separable, and if any part or term hereof shall be held 
invalid, such holding shall not affect the validity or 
enforceability of any other part or term hereof.

Table Of Contents