Effective	26MAR2021
Filed	26MAR2021
Filing Codes	IC

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:
     
CONDITION
1.In this Bill of Lading, the following words have the following
meanings:
"Carrier" means WICE Logistics (GUANG ZHOU) Limited.
  
"COGSA" means the Carriage of Goods by Sea Act of the United States
of America approved on 16 April 1936.
  
"Merchant" means and includes the shipper, the consignee, the
holder of this Bill of Lading and/or the owner of the goods.
  
"goods" includes goods, wares, merchandise and articles of every
kind whatever; and any container, trailer, tank or pallet
(including similar articles of transport used to store or consolidate
goods) not supplied by or on behalf of the Carrier.
  
"Dangerous Goods" includes goods which are of dangerous, explosive,
inflammable, radioactive or damaging nature.
  
"Hague Rules" means the International Convention for the Unification
of certain Rules of Law relating to Bills of Lading signed at
Brussels on 25 August 1924.
  
"Hague-Visby Rules" means the Hague Rules as amended by the Protocol
signed at Brussels on 23 February 1968.
  
"Services" means any services of the Carrier provided for the
Merchant e.g. carriage of goods by sea, inland waterway, road, rail
and/or air; and/or storage, loading unloading, packing, unpacking,
consolidation, de-consolidation, collection, delivery and/or other
handling of goods.
  
"SDR" means Special Drawing Rights as defined by the International
Monetary Fund.
  
2.1. If at any time one or more of the terms of this Bill of Lading
becomes invalid or illegal, the validity or legality of the remaining
terms of this Bill of Lading shall not in any way be affected.
 
2.2. The Carrier shall be entitled to all the rights, immunities,
exceptions and limitations conferred on the carrier or the owner of the
vessel by any applicable law or legislation.
 
2.3. Carriage of goods by sea or inland waterway covers the period from
the time when the goods are loaded on to the time they are discharged
from the vessel. The loading takes place either when the goods pass the
vessel's rail and are on board the vessel or when the vessel's tackle
is attached to the goods for taking them on board. The discharge ends
either when the goods pass the vessel's rail and are off the vessel or
when the vessel's tackle is removed from the goods deposited quayside.
As far as carriage of goods by sea or inland waterway is concerned,
the Carrier's liability shall be determined by the Hague Rules or any
legislation making such Rules or the Hague-Visby Rules compulsorily
applicable (such as COGSA) to this Bill of Lading, and the Hague Rules
or the Hague-Visby Rules shall prevail in so far as they are
inconsistent with any other terms of this Bill of Lading. The
limitation amount in Article IV (5) of the Hague Rules is deemed to be
the nominal value of 100 pounds sterling. Article IX of the Hague Rules
is deemed to be deleted. The limitation amount according to COGSA is
US$500 per package or customary freight unit, unless the nature and
value of the goods have been declared by the shipper before shipment
and inserted in this Bill of Lading.
  
2.4. Regarding the responsibility and liability of the Carrier for loss
of or damage to, or in connection with, the custody and care and handling
of the goods prior to the loading on the vessel and subsequent to the
discharge from the vessel, such shall be determined by the terms of this
Bill of Lading but not by the Hague Rules nor the Hague-Visby Rules.
  
2.5. The Services are subject to the terms of this Bill of Lading.
  
2.6. In this Bill of Lading, words importing the singular include the
plural and vice versa; words importing a gender include every gender. 
  
2.7. Wherever it is provided in this Bill of Lading that notice shall be
dispatched by the Carrier to the Merchant, such notice shall be deemed
as having been dispatched if (i) the Carrier does not know the  address,
e-mail address or fax number of the Merchant or (ii) the notice cannot
reach the Merchant through its address, e-mail address or fax number
last known to the Carrier.
  
2.8. The Merchant's liability under this Bill of Lading shall be joint
and several. 
  
3.1. This Bill of Lading, if consigned to order, is negotiable and
constitutes title to the goods. The holder, by endorsement of this Bill
of Lading, is entitled to receive or transfer the goods.
  
3.2. This Bill of Lading, if consigned to a named consignee, is not
negotiable.
  
3.3. This Bill of Lading is prima facie evidence of receipt of the goods
by the Carrier. However, proof to the contrary is not admissible when
this Bill of Lading has been transferred to a third party acting in good
faith.
 
4.1. The Merchant entering into any business with the Carrier warrants
to the Carrier that the Merchant is either the owner of the goods or the
authorized agent of the owner of the goods and that it is authorized to
accept the terms of this Bill of Lading not only for itself but also for
the owner of the goods.
 
4.2. The Merchant further warrants that: 
  a.  all the goods have been properly and sufficiently packed and that
the Carrier has no liability for any loss of, damage to or any other
claims relating to the goods which are improperly or insufficiently
packed; and   
  b.  the goods are fit and suitable for the carriage, storage and any
other handling in accordance with the Merchant's instructions; and 
  c.  it shall fully comply with applicable laws and regulations of ports,
Customs or other authorities.
  
5.1. The Merchant shall indemnify the Carrier against all claims,
liability, losses, damage, costs and expenses (including but not limited
to loss of and/or damage to any container and/or vessel) arising out of
the Carrier acting in accordance with the Merchant's instructions, or
arising from a breach of warranty or obligation on the part of the
Merchant, or arising from the inaccurate information or the insufficient
instructions provided by the Merchant, or arising from the mistake,
negligence or wilful default of the Merchant.
 
5.2. The Merchant undertakes that no claim shall be made against any
employee, agent or sub-contractor of the Carrier if such claim imposes
upon them any liability in connection with any Services provided by the
Carrier. If any such claim should nevertheless be made, the Merchant
shall indemnify the Carrier against all consequences. Every such
employee, agent and sub-contractor shall have the benefit of all the
terms herein benefiting the Carrier as if such terms were expressly
provided for his or its benefit. For these purposes, the Carrier
contracts for itself and also as agent and trustee for each such
employee, agent and sub-contractor.
  
5.3. The Merchant shall defend, indemnify and hold harmless the Carrier
from and against all claims, costs and demands whatsoever and by whomsoever
made or preferred in excess of the liability of the Carrier under the terms
of this Bill of Lading, and such indemnity shall include all claims, costs
and demands arising from the negligence or mistake of the Carrier or
from the mistake, negligence, wilful default or deliberate wrongdoing of
the Carrier's employee, agent or sub-contractor.
 
5.4. The Merchant shall defend, indemnify and hold harmless the Carrier
in respect of any General Average claim and any Salvage claim that may
be made against the Carrier, and the Merchant shall provide such
security as may be required by the Carrier. General Average shall be
adjusted according to the York-Antwerp Rules 1974 or any amendment
thereto or the York-Antwerp Rules 1994 or any modification thereof at
the option of the Carrier. All goods shall be subject to a lien for
General Average and/or Salvage security. If the Merchant fails to
provide General Average and/or Salvage security acceptable to the
Carrier within 14 days after notice has been dispatched to the
Merchant's address, e-mail address or fax number last known to the
Carrier, the goods may be sold by public auction or private treaty or
may be disposed of at the sole discretion of the Carrier at the expense
of the Merchant, and the proceeds if any (net of the expenses in
connection with such sale) shall be applied in satisfaction of General
Average and/or Salvage contribution. In case the Merchant does not
receive the notice dispatched by the Carrier asking the Merchant to
provide General Average and/or Salvage security, such shall not affect
the Carrier's aforesaid right to sell or dispose of the goods. The
Merchant is responsible for payment of all costs and expenses (including
but not limited to storage costs and demurrage charges) being incurred
when the goods are being liened for General Average and/or Salvage
security.
 
5.5. If the vessel carrying the goods (the carrying vessel) collides
with any other vessel (the non-carrying vessel) as a result of the
negligence of both the vessels, the Merchant undertakes to defend,
indemnify and hold harmless the Carrier against any liability to any
other party in so far as such liability relates to any claim whatsoever
made against the non-carrying vessel by the Merchant. 
  
5.6. In the event of accident, danger, damage or disaster before or
after the 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 or otherwise, the goods, Shipper, Consignee or owners of the
goods 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 salving vessel is owned
or operated by the Carrier, salvage shall be paid for as fully as if the
said salving vessel or vessels belonged to strangers. Such deposit as the
Carrier, or its agent, may deem sufficient to cover the estimated
contribution of the goods and any salvage and special charges thereon
shall, if required, be made by the goods, Shipper, Consignee or owners of
the goods to the Carrier before delivery.
 
6. Except under special arrangements previously made in writing, the
Merchant warrants that the goods are not Dangerous Goods, nor are goods
of comparable hazard, nor are goods otherwise likely to cause damage.
Should the Merchant nevertheless deliver any such goods to the Carrier
or cause the Carrier to handle any such goods otherwise than under
special arrangements previously made in writing, then whether or not the
Carrier is aware of the nature of such goods, the Merchant shall be
liable for all expenses, losses or damage whatsoever caused by or to or
in connection with such goods and howsoever arising, and shall indemnify
the Carrier against all penalties, claims, damages, costs, expenses and
any other liability whatsoever arising in connection with such goods,
and such goods may be destroyed or otherwise dealt with at the risk and
expenses of the Merchant in the sole discretion of and without any
liability to the Carrier. If such goods are handled by the Carrier under
arrangements previously made in writing, they may nevertheless be
destroyed at the risk and expenses of the Merchant in the sole
discretion of and without any liability to the Carrier on account of
risk to other goods, property, life or health. The goods that are likely
to cause damage include goods that are likely to encourage vermin or
other pests.
 
7. Except under special arrangements previously made in writing, the
Carrier will not deal with bullion, bank notes, coins, cheques, bonds,
negotiable documents and securities, precious stones, precious metal
objects, jewellery, valuables, antiques, valuable works of art, live
animals or plants. Should the Merchant deliver any such goods to the
Carrier or cause the Carrier to handle any such goods otherwise than
under special arrangements previously made in writing, the Carrier shall
be under no liability whatsoever in connection with such goods
(including any loss, damage, misdelivery, misdirection or delay
howsoever caused) and notwithstanding that the value of any such goods
may be shown or declared on any documents accompanying such goods.
8.1. If delivery of the goods is not taken by the Merchant at the time
and place when and where delivery should be taken, the Carrier shall be
entitled (but is not obliged) to store the goods at the sole risk of the
Merchant, whereupon any liability which the Carrier may have in respect
of the goods stored shall wholly cease and the cost of such storage
shall be paid by the Merchant to the Carrier.
 
8.2. The Carrier is entitled (but not obliged) to sell by public auction
or private treaty or to dispose of all goods which in the opinion of the
Carrier cannot be delivered either because the consignee's address is
incorrect or because the goods are not collected or accepted by the
Merchant within 14 days after notice has been dispatched to the
Merchant's address, e-mail address or fax number last known to the
Carrier. In case the Merchant does not receive the notice dispatched by
the Carrier asking the Merchant to take delivery of the goods, such
shall not affect the Carrier's aforesaid right to sell or dispose of the
uncollected goods. The Merchant shall pay all costs and expenses
(including but not limited to storage costs and demurrage charges)
incurred in connection with the storage and the sale and/or disposal of
the goods.
  
8.3. All goods and documents relating thereto shall be subject to a
particular and general lien for monies due in respect of such goods, or
for any particular or general balance or other monies due from the
Merchant to the Carrier. If any such monies due to the Carrier are not
paid within 14 days after notice has been dispatched to the Merchant's
address, e-mail address or fax number last known to the Carrier, the
goods may be sold by public auction or private treaty or may be disposed
of at the sole discretion of the Carrier at the expense of the Merchant,
and the proceeds if any (net of the expenses in connection with such
sale) shall be applied in satisfaction of such debts, and the Carrier
shall not be liable for any reduction in value received on the sale of the
goods, nor shall the Merchant be relieved from the liability of any
outstanding debts merely because the goods have been sold or disposed of.
In case the Merchant does not receive the notice dispatched by the Carrier
asking the Merchant to pay the outstanding monies, such shall not affect
the Carrier's aforesaid right to sell or dispose of the goods. The
Merchant is responsible for payment of all costs and expenses (including
but not limited to storage costs and demurrage charges) being incurred
when the goods are being liened.
 
9.1. Charges for the Services shall be deemed fully earned and
non-returnable upon receipt of the goods by the Carrier. The Merchant
shall pay to the Carrier all sums immediately when due without deduction
on account of any claim, counterclaim or set-off.  Payment to the
Carrier is due as soon as an invoice is rendered to the Merchant. For
any amount unpaid within 30 days from the date of the invoice, the
Carrier shall be entitled to interest from the date of the invoice until
payment at 2% per month.
 
9.2. If the shipment is on the freight collect basis but the consignee
does not take delivery of the goods within 14 days from the date of the
goods' arrival at the port of discharge or place of delivery, the
shipper shall be responsible for payment of all the outstanding freight
charges, and costs and expenses (including but not limited to storage
costs and demurrage charges) incurred until the goods are duly delivered
or are sold or disposed of as per Clauses 8.2 and/or 8.3.
 
10.1. The Carrier shall be entitled to sub-contract on any terms to any
agents and/or sub-contractors the whole or any part of the Services
whatsoever undertaken by the Carrier.
 
10.2. The Carrier reserves to itself absolute discretion as to the
means, the manner, the routes and the procedures to be followed in the
performance of the Services including the carriage, the storage and the
other handling of the goods. 
  
The Carrier has liberty to use any means, routes or procedures,
including using any vessel whether or not named on the front page of
this Bill of Lading or stowing the goods on or under deck. Anything done
in accordance with the aforesaid discretion or liberty shall not be a
deviation of whatsoever nature or degree.
 
11. If there is any loss, damage, deterioration, non-compliance or
miscompliance of instructions, non-delivery, misdelivery (other than the
one described in Clause 12), unauthorised delivery or misdirection of or
to or in connection with the goods that arises from the negligence or
mistake of the Carrier or that arises from the negligence, mistake,
wilful default or deliberate wrongdoing of the Carrier's employee, agent
or sub-contractor, the Carrier shall be liable for any claim relating to
the aforesaid incident. However, the Carrier's aforesaid liability shall
not exceed a total of 2 SDR per kilogram of the gross weight of that
part of the goods in respect of which a claim arises.
 
12. If there is any misdelivery of goods without production of this Bill
of Lading negligently or deliberately done by the Carrier's agent or
sub-contractor that has no prior approval of the Carrier, the Carrier
shall be liable for any claim relating to the aforesaid misdelivery of
goods. However, the Carrier's aforesaid liability shall not exceed a
total of 2 SDR per kilogram of the gross weight of that part of the
goods misdelivered.
 
13. Notwithstanding any other terms in this Bill of Lading to the
contrary but subject to Clause 2.3, the Carrier shall not be liable for
any claim relating to: 
  a.  any delay, goods shut out or off loaded, goods' departure or arrival
time; or 
  b.  any special, incidental, indirect, consequential or economic loss
(including but not limited to loss of market, profit, tax, tax return,
revenue, business or goodwill); or 
  c.  any loss, damage, expense or cost arising from fire, flood, storm,
typhoon, explosion, deviation, port congestion, strike, lock out,
stoppage or restraint of labour; or 
  d.  any loss of or damage to the goods (which are stated on the front
page of this Bill of Lading to be carried on deck and which are so
carried) even if the aforesaid incident arises from the negligence or
mistake of the Carrier or from the negligence, mistake, wilful default or
deliberate wrongdoing of the Carrier's employee, agent or sub-contractor.
However, if the Carrier is still legally held liable for the aforesaid
claim despite the aforesaid provision, the Carrier's liability shall not
exceed a total of 2 SDR per kilogram of the gross weight of that part of
the goods in respect of which the claim arises.
 
14. If there is any claim that the Carrier is legally held liable, and
no other terms in this Bill of Lading (limiting or excluding the
Carrier's liability) are suited to that claim, the Carrier's aforesaid
liability shall not exceed a total of 2 SDR per kilogram of the gross
weight of that part of the goods in respect of which the claim arises.
 
15. The Carrier may accept liability in excess of the limits set out in
Clauses 11, 12, 13 and 14 provided that (i) the value of the goods has
been declared in writing by the shipper and accepted by the Carrier and
(ii) the Merchant pay to the Carrier additional charges as decided by
the Carrier. Details of the additional charges will be provided upon
written request by the shipper. The declared value accepted shall be the
Carrier's limit of liability and shall replace the limits in Clauses 11,
12, 13 and 14.
 
16. All and any Services provided by the Carrier gratuitously are
provided on the basis that the Carrier will not accept any liability
whatsoever.
 
17. It is agreed that superficial rust, oxidation, discoloration, or any
like condition due to moisture is not a condition of damage but is
inherent to the nature of the goods, and acknowledgement of receipt of
the goods by the Carrier in apparent good order and condition is not a
representation that such conditions of rust, oxidation, discoloration, or
the like did not exist on receipt.
 
18. If the Services are or are likely to be affected by any risk, delay,
hindrance, difficulty or disadvantage of any kind whensoever and
howsoever arising (including but not limited to port congestion, strike,
lock out, stoppage and/or restraint of labour), the Carrier may
terminate and/or abandon the Services and place the goods at any place
for the Merchant to dispose of the goods, whereupon the Carrier's
liability and responsibility in respect of the goods shall 
cease. If the Merchant does not dispose of the goods within 14 days
after notice has been dispatched to the Merchant's address, e-mail
address or fax number last known to the Carrier, the Carrier is entitled
(but not obliged) to sell by public auction or private treaty or to
dispose of the goods at the expense of the Merchant. In case the
Merchant does not receive the notice dispatched by the Carrier asking
the Merchant to dispose of the goods, such shall not affect the
Carrier's aforesaid right to sell or dispose of the goods. The Merchant
is responsible for payment of all the outstanding freight charges, and
costs and expenses (including but not limited to storage costs and
demurrage charges) incurred until the goods are disposed of or sold.
 
19. Any claim notice against the Carrier must be in writing and
delivered to the Carrier within 14 days from the date of delivery of the
goods or the date the goods should have been delivered or the date the
Merchant first knows about the event that may give rise to the claim,
whichever is the earliest. If the Merchant fails to deliver the
aforesaid written claim notice to the Carrier and thereby prejudices the
Carrier's position in the claim, the Carrier shall in any event be
discharged of all liability whatsoever and howsoever arising in respect
of the claim.
 
20. The Carrier shall in any event be discharged of all liability
whatsoever and howsoever arising in respect of the Services, unless suit
is brought against the Carrier in the court of the Hong Kong Special
Administrative Region within nine months from the date of delivery of
the goods or the date the goods should have been delivered or the date
of the event giving rise to the claim, whichever is the earliest.
 
21. The defences, exemptions and limitations of liability provided for
in this Bill of Lading shall apply in any action against the Carrier
whether such action is founded in contract or in tort.
 
22. The contract evidenced by this Bill of Lading is governed by the
laws of the Hong Kong Special Administrative Region. Any claim or
dispute must be determined exclusively by the courts in the Hong Kong
Special Administrative Region and no other court.

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