Effective	01JAN2018
Filed	31DEC2017
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:
     
BILL(S) OF LADING OCEAN BILL OF LADING TERMS & CONDITIONS
    
1) DEFINITIONS
 a) "Bill of Lading" as used herein includes conventional bills of
lading, as well as electronic, express and laser bills of lading, sea
waybills and all like documents, how so ever generated, covering the
Carriage of Goods hereunder, whether or not issued to the Merchant. 
    
 b) "Carriage" means the whole of the operations and services
undertaken or performed by or on behalf of the Carrier with respect
to the Goods. 
    
 c) "Carrier" means the Company named on the face side hereof and on
whose behalf this Bill of Lading was issued, whether acting as
carrier or bailee
   
 d) "Charges" means freight, dead freight, demurrage and all expenses
and money obligations incurred and payable by the Merchant.
    
 e) "Container" means any container (closed or open top), van,
trailer, flatbed, transportable tank, railroad car, vehicle, flat.
flat rack, pallet, skid, platform, cradle, sling load or any other
article of transport and any equipment associated or appurtenant
thereto.
    
 f) "Goods" means 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.
    
 g) "Merchant" means the shipper, consignee, receiver, holder of this
Bill of Lading, owner of the cargo or person entitled to the
possession of the cargo and the servants and agents of any of these,
all of whom shall be jointly and severally liable to the Carrier for
the payment of all Charges, and for the performance of the
obligations of any of them under this Bill of Lading.
    
 h) "On Board" or similar words endorsed on this Bill of Lading means
that in a Port to Port movement, the Goods have been loaded on board
the Vessel or are in the custody of the actual ocean carrier. In the
event of intermodal transportation, if the originating carrier is an
inland and coastal carriers means that the Goods have been loaded on
board rail cars or another mode of transport at the Place of Receipt
and/or are in the custody of a Participating carrier and en route to
the Port of Loading named on the reverse side.
    
 i) "Participating Carrier" means any other carrier by water, land or
air, performing any stage of the Carriage, including inland and
coastal carriers, whether acting as subcarrier, connecting carrier,
substitute carrier or bailee.
  
 j) "Person" means an individual, a partnership, a body corporate or
any other entity of whatsoever nature.
    
 k) "Vessel" means the ocean vessel named on the face side hereof,
and any substitute vessel, feedership, barge, or other means of
conveyance by water used in whole or in part by the Carrier to
fulfill this contract.
    
2) CARRIERS TARIFFS The Goods carried hereunder are subject to all
the terms and conditions of the Carrier's applicable and said terms
and conditions 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 upon request. In the event of any conflict between the
terms and conditions of such tariff or tariffs and the Terms and
Conditions of this Bill of Lading, this Bill of Lading shall prevail.
    
3) WARRANTY AND ACKNOWLEDGMENT The Merchant warrants that in agreeing
to the Terms and Conditions hereof, it is, or is the agent and has
the authority of, the owner or person entitled to the possession of
the Goods or any person who has a present or future interest in the
Goods.  The Merchant acknowledges that the Carrier is a non-vessel
operating common carrier ("NVOCC"). and that it neither owns nor
charters vessels, as a result of which the Carrier or any
sub-carrier, connecting carrier or substitute carrier (which may be a
NVOCC) will be required to contract with an actual ocean carrier to
accomplish the Carriage contemplated by this Bill of Lading and does
so as agent of the Merchant. The Merchant further acknowledges that
by identifying the carrying Vessel on the face side hereof, it knows
or can determine the name of the actual ocean carrier and the terms
and conditions of the actual ocean carrier's bill of lading and
applicable tariff(s) and agrees to be bound thereby.
    
4) RESPONSIBILITY
 a) Except where the Carriage covered by this Bill of Lading is to or
from a port or locality where there is in force a compulsorily
applicable 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, the
provisions of which cannot be departed from, and suit or other
proceeding is instituted and litigated in such locality, this Bill of
Lading shall have effect subject to the Carriage of Goods by Sea Act
of the United States ("COGSA"), approved April 16, 1936, and nothing
herein contained, unless otherwise stated, shall be deemed a
surrender by the Carrier of any of its rights, immunities,
exemptions, limitations or exonerations or an increase of any of its
responsibilities or liabilities under COGSA or, as the case may be,
such compulsorily applicable ordinances or statutes. The provisions
of COGSA or such compulsorily applicable ordinances or statutes
(except as otherwise specifically provided herein) shall govern
before loading on and after discharge from the vessel and throughout
the entire time the Goods or Containers or other packages are in the
care, custody and/or control of the Carrier, a Participating carrier
or independent contractor (inclusive of all subcontractors), their
agents and servants. whether engaged by or acting for the Carrier or
any other person, as well as during the entire time the Carrier is
responsible for the Goods. In the absence of compulsorily applicable
legislation, COGSA shall apply during the  entire time the Carrier
remains responsible hereunder.
    
 b) The Carrier shall not be liable in any capacity whatsoever for
any delay, non-delivery, miss-delivery or other loss or damage to or
in connection with the Goods or Containers or other packages
occurring at any time contemplated under subdivision a) of this
Clause
    
 c) The Carrier shall, irrespective of which law is applicable under
subdivision a) of this Clause, be entitled to the benefit of the
provisions of Sections 4281 to 4287, inclusive of the Revised
Statutes of the United States and amendments thereto
    
 d) The rights, defenses, exemptions, limitations of and exonerations
from liability and immunities of whatsoever nature provided for in
this Bill of Lading shall apply in any action or proceeding against
the Carrier, its agents and servants and/or any Participating carrier
or independent contractor, whether in tort, contract or, otherwise.
    
5) THROUGH TRANSPORTATION When either the Place of Receipt or Place
of Delivery set forth herein is an inland point or place other than
the Port of Loading (Through Transportation basis), the Carrier will
procure transportation to or from the sea terminal and such inland
point(s) or place(s) and, notwithstanding anything in this Bill of
Lading contained, but always subject to Clause 4 hereof, the Carrier
shall be liable for loss or damage of whatsoever nature and howsoever
arising to the following extent, but no further
    
 a) Upon proof that the loss or damage arose during a part of the
Carriage herein made subject to COGSA or other compulsorily
applicable legislation, as set forth in Clause 4. a) hereof said
legislation shall apply, or
    
 b) Upon proof that the loss or damage not falling within a), above,
but concerning which the law of any country, state or subdivision
thereof contains provisions that are compulsorily applicable and
would have applied if the Merchant had made a separate and direct
contract with the Carrier, a Participating carrier or independent
contractor, as referred to in Clause 4.a) relative to a particular
stage of transport or other handling wherein the loss or damage
occurred and received as evidence thereof a particular receipt or
other document, then the liability of the Carrier, Participating
carrier and independent contractor shall be subject to the provisions
of such law.
    
 c) If it should be determined that the Carrier bears any
responsibility for loss or damage occurring during the care, custody
and/or control of any Participating carrier or independent
contractor, and be subject to law compulsorily applicable to their
bills of lading, receipts, tariffs and/or law applicable thereto,
then the Carrier shall be entitled to all rights, defenses,
immunities, exemptions, limitations of and exonerations from
liability of whatsoever nature accorded under such bill of lading,
receipt, tariff and/or applicable law, provided however, that nothing
contained herein shall be deemed a surrender by the Carrier of any of
its rights, defenses and immunities or an increase of any of its
responsibilities or liabilities under this Bill of Lading, the
Carrier's applicable tariff or laws applicable or relating to such
Carriage.
    
 d) Except as hereinabove provided, the Carrier shall have no
liability for damage to the Goods.
    
6) SUBCONTRACTING; BENEFICIARIES
 a) The Carrier shall be entitled to subcontract on any terms for the
whole or any part of the Carriage, loading, unloading, storing,
warehousing, handling and any and all duties whatsoever undertaken by
it in relation to the Goods or Containers or other packages or any
other goods.
    
 b) It is understood and agreed that if it should be adjudged that
any person or entity other than or in addition to the Carrier is
under any responsibility with respect to the Goods or any other
goods, regardless of the port or place where any loss or damage shall
occur and without regard to whether the Goods covered hereby or any
other goods are being handled or are damaged directly or indirectly
during any handling, and even if the Goods or other goods are
transported on free in, stowed and/or free out terms, all exemptions,
limitations of and exonerations from liability provided by law or by
the Terms and Conditions hereof shall be available to all agents,
servants, employees, representatives, all Participating (including
rail and other inland and coastal) carriers and all stevedores,
terminal operators, warehousemen, crane operators, watchmen,
carpenters, ship cleaners, surveyors and all independent contractors,
inclusive of all persons providing any service whatsoever. In
contracting for the foregoing exemptions, limitations of 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 to the contract
-evidenced by this Bill of lading, regardless for whom acting or by
whom retained and paid, it being always understood that said
beneficiaries are not entitled to any greater or further exemptions,
limitations of or exonerations from liability than those that the
Carrier has under this Bill of Lading in any given situation.
    
 c) 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 total or any part of the Carriage from
Port of loading to Port of Discharge or from Place of Receipt to
Place of Delivery, or any combination thereof, except as may be
otherwise provided herein.
    
 d) The Merchant agrees that the Carrier shall be deemed to be a
beneficiary of the actual ocean carrier's bill of lading and of all
exemptions, limitations of and exonerations from liability therein
contained even though the Carrier acts as agent of the Merchant in
contracting with the actual ocean carrier for the Carriage of the
Goods. Notwithstanding, under no circumstances shall the Carrier be
responsible for any damages to an extent greater than the actual
ocean carrier or any beneficiaries thereof or hereof.
    
 e) No agent or servant of the Carrier or other person or class named
in subdivision b) hereof shall have power to waive or vary any of the
Terms and Conditions hereof unless such waiver or variation is in
writing and is  specifically authorized or ratified in writing by an
officer or director of the Carrier having actual authority to bind
the Carrier to such waiver or variation.
    
7) DESCRIPTION OF GOODS AND MERCHANT'S RESPONSIBILITIES
 a) The description and particulars of the Goods set out on the face
hereof and any description, particulars or other representation
appearing on the Goods, Container or other packages or documents
relating thereto are furnished by the Merchant, and the Merchant
warrants to the Carrier that the description, particulars and any
representation made including, but not limited to, weight, content,
measure, quantity, quality, condition, marks, numbers and value are
correct.
    
 b) The Merchant warrants that it has complied with all applicable
laws, regulations and requirements of Customs, Port and other
Authorities and shall bear and pay all duties, taxes, fines, imposts,
expenses and losses incurred or suffered by reason thereof or by
reason of any illegal, incorrect or insufficient marking, numbering,
addressing or any other particular relative to the Goods.
    
 c) The Merchant further warrants that the Goods are packed in a
manner adequate to withstand the ordinary risks of Carriage having
regard to their nature and in compliance with all laws, regulations
and requirements, which may be applicable.
    
 d) No Goods which are or may become dangerous, inflammable or
damaging or which are or may become liable to damage any property or
person whatsoever shall be tendered to the Carrier for Carriage
without the Carrier's prior express consent in writing and without
the Container or other covering in which the Goods are to be
transported being distinctly marked on the outside thereof so as to
indicate the nature and character of any such articles and so as to
comply with all applicable laws, regulations and requirements if any
such articles are delivered to the Carrier without such written
consent and marking or if in the opinion of the Carrier the articles
are or are liable to become of a dangerous, inflammable or damaging
nature, the same may at any time be destroyed, disposed of, abandoned
or rendered harmless without compensation to the Merchant and without
prejudice to the Carrier's right to Charges.
    
 e) The Merchant shall be liable for all loss or damage of any kind
whatsoever including but not limited to contamination, soiling,
detention and demurrage before, during and after the Carriage of
property (including but not limited to Containers), of the Carrier or
any person at vessel (other than the Merchant) caused by the Merchant
or any person acting on its behalf or for which the Merchant is
otherwise responsible.
    
 f) 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,
recoopering, baling, reconditioning of the Goods and gathering of
loose contents, 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 Goods, Containers or other packages and for 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 or other 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 of 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.
    
 g) The Merchant shall defend, indemnify and hold harmless the
Carrier, any Participating carrier, independent contractor, their
agents and servants, against any loss, damage, claim, liability or
expense whatsoever arising from any breach of the provisions of this
Clause 7, or from any cause in connection with the Goods for which
the Carrier is not responsible.
    
8) CONTAINERS
 a) Goods may be stowed by the Carrier, in or on Containers, and may
be stowed with other, goods. Containers, whether stowed by the
Carrier or received fully stowed, may be carried on or under deck
without notice, and the Merchant expressly agrees that cargo stowed
in a Container and carried on deck is considered for all legal
purposes to be cargo stowed under deck. Goods stowed in Containers on
deck shall be subject to the 
legislation referred to in Clause 4 hereof, and will contribute in
General Average and receive compensation in General Average, as the
case may be.
    
 b) The Terms and 
Conditions of this Bill of Lading shall govern the responsibility of
the Carrier with respect to the supply of a Container to the
Merchant.
    
 c) If a Container has been stuffed by or on behalf of the Merchant,
the Carrier, any Participating Carrier, all independent contractors
and all persons rendering any service whatsoever hereunder, shall not
be liable for any loss or damage to the Goods, Containers or other
packages or to any other goods caused
    
   (1) by the manner in which the Container has been stuffed and its
contents secured,
    
   (2) by the unsuitability of the Goods for carriage in Containers
or for the type of Container requested by and furnished to the
Merchant, or 
    
   (3) condition of the Container furnished, which the Merchant
acknowledges has been inspected by it or on its behalf before
stuffing and sealing.
    
 d) The Merchant shall defend, indemnify and hold harmless the
Carrier, any Participating Carrier, independent contractor, their
agents and servants, against any loss, damage, claim, liability or
expense whatsoever arising from one or more of the matters covered by
a), b) and/or c) above.
    
9) CONTAINERS WITH HEATING OR REEFER APPARATUS Containers with
temperature or atmosphere-control apparatus for heating,
refrigeration, ventilation or otherwise  will not be furnished unless
contracted for expressly in writing at time of booking and, when
furnished, may entail increased Charges. In the absence of an express
request, it shall be conclusively presumed that the use of a dry
container is appropriate for 
the Goods. Merchant must provide Carrier with desired temperature
range in writing at time of booking and insert same on the face side
of the Bill of Lading and where so provided. Carrier is to exercise
due diligence to maintain the temperature within a reasonable range
while the Containers are in its cars, custody and/or control or that
of any Participating carrier or independent contractor. The Carrier
does not accept any responsibility for the functioning of temperature
or atmosphere-controlled Containers not owned or leased by Carrier or
for latent defects not discoverable by the exercise of due diligence.
Where the Container is stuffed or partially stuffed by or on behalf
of the Merchant, the Merchant warrants that it has properly
pre-cooled the Container, that the Goods have been properly stuffed
and secured within the Container and that the temperature controls
have been properly set prior to delivery of the Container to the
Carrier, its agents, servants, or any Participating carrier or
independent Contractor. The Merchant accepts responsibility for all
damage or loss of whatsoever nature resulting from a breach of any of
these warranties, including but not limited to other cargo
consolidated in the Container with the Merchants Goods or to any
other cargo, property or person damaged or injured as a result
thereof, and the Merchant agrees to defend indemnify and hold the
Carrier, Participating carriers and independent contractors, their
agents and servants, harmless from and against all claims, suits,
proceedings and all other consequences thereof, regardless of their
nature and merit.
    
10) OPTION OF INSPECTION The Carrier and any Participating carrier
shall be entitled, but under no obligation, to open any Container at
any time and to inspect the contents. 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, the Carrier and Participating carrier, independent
contractor, their agents and servants, may abandon the transportation
thereof and/or take any measures and/or incur any reasonable
additional expenses to continue the Carriage or to store the Goods,
which storage shall be deemed to constitute due delivery under this
Bill of Lading. The Merchant shall indemnify the Carrier, any
Participating carrier, independent contractor, their agents and
servants, against any reasonable additional Charges so incurred.
    
11) DECK CARGO Deck cargo (except that carried in Containers on deck)
and live animals are received and carried solely at Merchant's risk
(including accident or mortality of animals), and the Carrier will
not in any event be liable for any loss or damage for or from which
he is exempt, immune or exonerated by applicable law, or from any
other cause whatsoever not due to the fault of the Carrier, any
warranty of seaworthiness in the premises being hereby waived, and
the burden of proving liability being in all respects upon the
Merchant. Except as may by otherwise provided, such shipments shall
be deemed Goods and shall be subject to all Terms and Conditions of
this Bill of Lading.
    
12) METHODS AND ROUTES OF TRANSPORTATION With respect to the Goods or
Containers or other packages, the Carrier may at any time and without
notice to the Merchant:
    
 a) use any means of transport (water, land and/or air) or storage
whatsoever;
    
 b) forward, transship or retain on board or carry on another vessel
or conveyance or by any other means of transport than that named on
the reverse side hereof,
    
 c) carry Goods on or under deck at its option;
    
 d) proceed by any route in its sole and absolute discretion and
whether the nearest, most direct, customary or advertised route or in
or out of geographical rotation;
    
 e) proceed to or stay at any place whatsoever and in any order or
omit calling at any port, whether scheduled or not;
    
 f) store, vanned or devanned, at any place whatsoever, ashore or
afloat, in the open or covered;
    
 g) proceed with or without pilots;
    
 h) carry livestock, contraband, explosives, munitions, warlike
stores, dangerous or hazardous Goods or Goods of any and all kinds;
    
 i) drydock or stop at any unscheduled or unadvertised port for
bunkers, repairs or for any purpose whatsoever
    
 j) discharge and require the Merchant to take delivery, vanned or
devanned
    
 k) comply with any orders, directions or recommendations given by
any government or authority. or by any person or body acting or
purporting to act with the authority of any government or authority
or having under the terms of the insurance on the Vessel or other
conveyance employed by the Carrier the right to give such orders,
directions or recommendations,
    
 l) take any other steps or precautions as may appear reasonable to
the Carrier under the circumstances. The liberties set out in
subdivisions a) through I) may be invoked for any purpose whatsoever
even if not  connected with the Carriage covered by this Bill of
Lading, and any action taken or omitted to be taken, and any delay
arising therefrom, shall be deemed to be within the contractual and
contemplated Carriage and not be an unreasonable deviation. In no
circumstance whatsoever shall the Carrier be liable for direct,
indirect or consequential, loss or damage caused by delay.
    
13) MATTERS AFFECTING PERFORMANCE In any situation whatsoever and
wheresoever occurring and whether existing or anticipated before
commencement of, during, or after the Carriage, which in the judgment
of the Carrier is likely to give rise to any hindrance, risk,
capture, seizure, detention, damage, delay, difficulty or
disadvantage or loss to the Carrier or any Part of the Goods, or make
it unsafe, imprudent, impracticable or unlawful for any reason to
receive, keep, load, carry or discharge them or any part of them or
commence or continue the Carriage or disembark passengers at the Port
of Discharge or at the usual or intended place of discharge or
delivery, or to give rise to danger, delay or difficulty of
whatsoever nature in proceeding by the usual or intended route, the
Carrier and any Participating carrier, independent contractor, their
agents and servants, without notice to the Merchant, may decline to
receive, keep, load, carry or discharge the Goods, or may discharge
the Goods and may require the Merchant to take delivery and upon
failure to do so, may warehouse them at the risk and expense of the
Merchant and Goods or may forward or transship them as provided in
this Bill of Lading or the Carrier may retain the Goods on board
until the return of the Vessel to the Port of loading or to the Port
of Discharge or any other point or until such time as the Carrier
deems advisable and thereafter discharge them at any place
whatsoever. In such event, as herein provided, such shall be at the
risk and expense of the Merchant and Goods, and such action shall
constitute complete delivery and performance under this contract, and
the Carrier shall be free from any further responsibility. For any
service rendered as herein above provided or for any delay or expense
to the Vessel or Carrier caused as a result thereof, the Carrier
shall, in addition to full Charges, be entitled to reasonable extra
compensation, and shall have a lien on the Goods for same. Notice of
disposition of the Goods shall be sent to the Merchant named in this
Bill of Lading within a reasonable time thereafter. All actions taken
by the Carrier hereunder shall be deemed to be within the contractual
and contemplated Carriage and not be an unreasonable deviation.
    
14) DELIVERY If delivery of the Goods or Containers or other packages
or any part thereof is not taken by the Merchant when and where and
at such time and place as the Carrier is entitled to have the
Merchant take delivery, whether or not the Goods are damaged, they
shall be considered to have been delivered to the Merchant, and the
Carrier may, at its option, subject to its lien and without notice,
elect to have same remain where they are or, if containerized,
devanned and sent to a warehouse or other place, always at the risk
and expense of the Merchant and Goods. If the Goods are stowed within
a Container owned or leased by the Carrier, the Carrier shall be
entitled to devan the contents of any such Container, whereupon the
Goods shall be considered to have been delivered to the Merchant, and
the Carrier may, at its option subject to its lien and without notice
elect to have same remain where they are or sent to a warehouse or
other place, always at the risk and expense of the Merchant and
Goods. 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 Vessel can get to, be at, 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 Vessel at the risk and expense of the Merchant
and 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 Merchant
and 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.
    
15) CHARGES, INCLUDING FREIGHT The Charges payable hereunder have
been calculated on the basis of particulars furnished by or on behalf
of the Merchant. The Carrier shall, at any time, be entitled to
inspect, reweigh, re-measure or revalue the contents and, it any of
the particulars furnished by the Merchant are found to be incorrect,
the Charges shall be 
adjusted accordingly, and the Merchant shall be responsible to pay
the correct Charges and all expenses incurred by the Carrier in
checking said particulars or any of them. Charges shall be deemed
earned on acceptance of the Goods or Containers or other packages for
shipment by or on behalf of the Carrier and shall be paid by the
Merchant in full, without any offset, counterclaim or deduction, and
shall be non-returnable in any event. The Merchant shall remain
responsible for all Charges, regardless whether the Bill of Lading
states, in words or symbols, that it is "Prepaid" or "Collect."  In
arranging for any services with respect to the Goods, the Carrier
shall he considered the exclusive agent of the Merchant for all
purposes, and any payment of Charges to other than the Carrier shall
not, in any event, be considered payment to the Carrier. The Merchant
shall defend, indemnify and hold the Carrier, any Participating
carrier, independent contractor, their agents and servants harmless
from and against all liability, loss, damage and expense which may be
sustained or incurred relative to the above.
    
16) CARRIER'S LIEN The Carrier shall have a lien on the Goods,
inclusive of any Container owned or leased by the Merchant and all
equipment and appurtenances thereto, as well as on any Charges due
any person, and on any documents relating thereto, which lien shall
survive delivery, for all sums due under this contract or any other
contract or undertaking to which the Merchant was party or otherwise
involved, including, but not limited to, General Average
contributions, salvage and the cost of recovering such sums,
inclusive of attorney's fees. Such lien may be enforced by the
Carrier by public or private sale at the expense of and without
notice to 
the Merchant. The Merchant agrees to defend, indemnify and hold the
Carrier, any Participating carrier, independent contractor, their
agents and servants, harmless from and against all liability, loss,
damage or expense which may be sustained or incurred by the Carrier
relative to the above and the Merchant agrees to submit to the
jurisdiction of any court, tribunal or other body before whom the
Carrier may be brought, whether said proceeding is of a civil or
criminal nature.
    
17) RUST It is agreed that superficial rust, oxidation or any like
condition due to moisture, is not a condition of damage but is
inherent to the nature of the Goods. Acknowledgement of receipt of
the Goods in apparent good order and condition is not a
representation that such conditions of rust, oxidation or the like
did not exist on receipt.
    
18) GENERAL AVERAGE
 a) If General Average is declared, it shall be adjusted according to
the York/Antwerp Rules of 1994 and all subsequent amendments thereto
from time to time made, at any place at the option of any person
entitled to declare General Average, and the Amended Jason Clause as
approved by BIMCO is to be considered as incorporated herein, and the
Merchant shall provide such security as may be required in this
connection.
    
 b) Notwithstanding a) above, the Merchant shall defend, indemnify
and hold harmless the Carrier and any Participating carrier, their
agents and servants, in respect of any claim (and any expense arising
therefrom) of a General Average nature which may be made against the
Carrier and/or any Participating carrier and shall provide such
security as may be required In this connection. c) Neither the
Carrier not any Participating carrier shall be under any obligation
to take any steps whatsoever to post security for General Average or
to collect security for General Average contributions due to the
Merchant.
    
19) LIMITATION OF LIABILITY Except as otherwise provided in this
Clause or elsewhere in this Bill of Lading, in case of any loss or
damage to or in connection with cargo exceeding in actual value the
equivalent of $500 lawful money of the United States, per package, or
in case of cargo not shipped in packages, per shipping unit, the
value of the cargo 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
cargo and valuation higher than $500 per package or per shipping unit
shall have been declared by the Merchant before shipment and inserted
in this Bill of Lading, and extra freight paid if required. In such
case, if the actual value of the cargo per package or per shipping
unit shall exceed such declared value, the value shall nevertheless
be deemed to be the declared value and the Carrier's liability if
any, shall not exceed the declared value. 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 cargo shipped in bulk, and irrespective of the weight of
measurement unit employed in calculating freight and related charges.
As to cargo shipped in bulk, the limitation applicable thereto shall
be the limitation provided in Section 1304(5) of COGSA, or such other
legislation, convention or law as may be compulsorily applicable, and
in no event shall anything herein be construed as a waiver of
limitation as to cargo shipped in bulk. Where a Container is not
stuffed by or on behalf of the Carrier or the parties characterize
the Container as a package or a lump sum freight is assessed, in any
of these events, each individual such Container, including in each
instance its contents, shall be deemed a single package and Carriers
liability limited to $500 with respect to each such package, except
as otherwise provided in this Clause or elsewhere in this Bill of
Lading with respect to each such package. In the event this provision
should be held invalid during that period in which compulsory
legislation shall apply of its own force and effect, such as during
the tackle-to-tackle period, it shall nevertheless  apply during all
noncompulsory periods such as, but not limited to, all periods prior
to loading and subsequent to discharge from the Vessel for which the
Carrier remains responsible. Where compulsorily applicable
legislation provides a limitation less than $500 per package or
shipping unit, such lesser limitation shall apply and nothing herein
contained shall be construed as a Waiver of a limitation less than
$500. Further, where a lesser monetary limitation is applicable, such
as during handling by a Participating carrier or independent
contractor and damage occurs during its or their period of care,
custody, control and/or responsibility, the Carrier shall be entitled
to avail itself of such lesser limitation.
    
20) NOTICE OF CLAIM TIME FOR SUIT, As to any loss or damage presumed
to have occurred during the Carrier's period of responsibility, the
Carrier must be notified in writing of any such loss or damage or
claim before or at the time of discharge/removal of the Goods by the
Merchant or, if the loss or damage is not then apparent, within 3
consecutive days after discharge/delivery or the date when the Goods
should have been discharged/delivered. If not so notified, discharge,
removal or delivery, depending upon the law applicable, shall be
prima facie evidence of discharge/delivery in good order by the
Carrier of such Goods. In any event, the Carrier shall be discharged
from all liability of whatsoever nature unless suit is brought within
1 year after delivery of the Goods or the date when the Goods should
have been delivered, provided however, that if any claim should arise
during a part of the transport which is subject by applicable law
and/or tariff and/or contract to a shorter period for notice of claim
or commencement of suit, any liability whatsoever of the Carrier
shall cease unless proper claim is made in writing and suit is
brought within such shorter period. Suit shall not be deemed
"brought" unless jurisdiction shall have been obtained over the
Carrier by service of process or by an agreement to appear. In the
event this provision should be held invalid during that period in
which compulsory legislation shall apply of its own force and effect,
such as during the tackle-to-tackle period, it shall nevertheless
apply during all non-compulsory periods during which the Carrier
remains responsible for the Goods.
    
21) LAW AND JURISDICTION
 a) Governing law shall be in accordance with Clause 4. hereof
 b) Jurisdiction: All disputes in any way relating to this Bill of
Lading shall be determined by the United States District Court for
Richmond County, Virginia to the exclusion of the jurisdiction of any
other courts in the United States or the courts of any other country
PROVIDED ALWAYS that the Carrier may in its absolute and sole
discretion invoke or voluntarily submit to the jurisdiction of any
other court which, but for the terms of this Bill of Lading, could
properly assume jurisdiction to hear and determine such disputes, but
such shall not constitute a waiver of the terms of this provision in
any other instance.
    
22) NON-WAIVER AND SEPARABILITY Nothing in this Bill of Lading shall
operate to deprive the Carrier of any statutory protection or any
defense, immunity, exemption, limitation of or exoneration from
liability contained in the laws of the United States, or of any other
country whose laws may be applicable. The Terms and Conditions of
this Bill of Lading (including all the terms and conditions of the
carrier's applicable tariff or tariffs, incorporated herein by virtue
of Clause 2. above) 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.

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