RECEIVED by the Carrier from the Merchant in apparent good order and condition unless otherwise indicated herein,

the Goods, or the Container(s) or other package(s) or unit(s) said by the Merchant to contain the cargo herein mentioned, to be carried
subject to all the terms and conditions contained or incorporated in this Bill (defined hereinafter at Clause 1(1)) including both front and back pages where issued in paper form and Carrier's Tariff rules and regulations by the vessel named herein or any substitute at
the Carrier's option and/or other means of transport, including the use of feeder ships, barges, trucks or rail cars, from the place of receipt or the loading port to the port of discharge or place of delivery shown herein and there to be delivered unto order or assigns.
If issued in paper form and if required by the Carrier, this Bill duly endorsed must be surrendered in exchange for the Goods or Delivery Order.
In accepting this Bill, whether in paper or electronic form, the Merchant agrees to be bound by all the stipulations, exceptions, terms and conditions contained or incorporated in this Bill whether written, typed, stamped, printed or otherwise, and as well, to be
bound by the Carrier's Tariff rules and regulations which are deemed incorporated herein, all of which supersede all previous agreements, including booking notes, dock and mate's receipts and like, any local customs or privileges to the contrary notwithstanding.
The terms of this Bill shall be separable and if any part or term hereof is invalid or unenforceable, the validity and enforceability of any other part or term shall not be affected.
Agents signing this Bill on behalf of the Carrier have only the limited authority at common law of a vessel's master signing a Bill .
An endorsement on this Bill that the Goods are "On Board" shall mean that the Goods are loaded on board the ocean vessel named in this Bill , or loaded on board rail cars, trucks, lorries, feeder ships, barges, or other means of transportation and are in the
custody of an Inland or ocean Carrier for Through Transportation in accordance with the terms of this Bill .

1. Definitions. 12. Description of Goods. The Carrier does not have facilities to weigh sealed Containers at the loading port and has neither inspected the contents of nor weighed the
(1) "Bill" means (a) Bill of Lading if this document is issued as a Bill of Lading, or (b) Sea Waybill if this document is issued as a Sea Waybill. Notwithstanding Containers. Any statements on this Bill relating to marks and numbers, number and kind of packages, description, quantity, quality, weight, measure, nature, kind,
anything else contained in or incorporated into this Bill, if it is issued as a Sea Waybill, it will not be a document of title to the Goods. value or other particulars of the contents of such Container(s) are as furnished by the Merchant and are unknown to the Carrier and the Carrier accepts no liability in
(2) "Carrier" means the party on whose behalf this Bill has been signed, as well as the Ship and/or her Owner, demise charterer (if bound hereby), the time respect thereof. The acknowledgement of the Carrier is confined to the number and apparent order and condition of the Container(s).
charterer and any substituted or Underlying Carrier whether any of them is acting as Carrier or bailee.
(3) "COGSA" means the United States Carriage of Goods by Sea Act, approved April 16, 1936. 13. Merchant's Responsibility.
(4) "Container" includes any ISO standard container, trailer, transportable tank, flat rack and/or other item of transportation equipment in conformance with ISO (1) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Merchant on receipt of this Bill
standards. and that such particulars and any other particulars furnished by or on behalf of the Merchant are correct.
(5) Force Majeure shall include, but not be limited to, work stoppages, civil commotion, strikes, accidents, casualties, lockouts, fire, transportation disasters, acts (2) The Merchant shall indemnify the Carrier against all loss, damage and expenses arising or resulting from inaccuracies in, or inadequacy of, such particulars.
of God, governmental restraints (including governmental import restrictions and voluntary quotas arising from the threat of g overnmental restraints), war or The right of the Carrier to such indemnity shall in no way limit his responsibility and liability under this Bill to any person other than the Merchant.
hostilities, embargoes or other similar conditions. (3) Containers, pallets or similar articles of transport supplied by or on behalf of the Carrier shall be returned to the Carrier in the same order and condition as
(6) "Goods" means the cargo accepted from the Merchant and includes any Container whether supplied by or on behalf of the Carrier or by the Merchant. handed over to the Merchant, normal wear and tear excepted, with interiors clean and within the time prescribed in the Carrier's Tariff or elsewhere. The
(7) "Hague Rules" as used herein refers to the provisions of the International Convention for the Unification of Certain Rules Relating to Bills of Lading signed Merchant of the Goods shall be jointly and severally liable for any loss of, damage to, or delay incurred during the period between handing over to the consignee
at Brussels on 25th August 1924 and includes any amendments thereto including the Hague Visby Amendments, 1968. and return to the Carrier.
(8) "Holder" mean any person for the time being in possession of this Bill (if issued as a Bill of Lading) to whom the property in the Goods has passed on or by
reason of the consignment of the Goods or the endorsement of this Bill or otherwise. 14. Freight and Charges.
(9) "Merchant" includes the shipper, Holder, consignee, the receiver of the Goods, any person owning or entitled to the possessio n of the Goods or this Bill and (1) Freight shall be payable, at Carrier's option, on gross intake weight or measurement, or gross discharge weight or measurement, or ad valorem basis, or package or
anyone acting on behalf of any such persons. customary freight unit basis or any other applicable rate as set forth in Carrier's Tariff. Freight may be calculated on the basis of the description of the Goods
(10) "Ship" shall include the vessel named in this Bill, any substituted vessel or feeder vessels, and any vessel, craft, lighter or other means of conveyance furnished by the Merchant, but Carrier may at any time, weigh, measure and value the Goods and open packages or customary freight units to examine contents. In
whatsoever owned, chartered, operated or controlled and used by the Carrier in the performance of this Contract. case the Merchant's description is found to be erroneous and additional freight is payable, the Merchant shall be liable for any additional freight and expense
(11) "Through Bill " as used herein refers to the contract evidenced by this Bill when it covers the carriage of the Goods from th e place of receipt from the incurred in examining, weighing, measuring, fumigating and valuing the Goods.
Merchant to the place of delivery to the Merchant by the Carrier plus one or more Underlying Carriers. (2) Full freight to the port of discharge or in case of Through Transportation to place of delivery named herein and all advance charges against the Goods shall be
(12) "Through Transportation" means carriage of the Goods under this Bill from place of receipt from the Merchant to place of delivery to the Merchant by the considered completely earned on receipt of the Goods by the Carrier or Underlying Carrier as the case may be, whether the freight or charges be prepaid or be
Carrier plus one or more Underlying Carriers. stated or intended to be prepaid or to be collected at port of discharge or destination or subsequently, and the Carrier shall be entitled absolutely, to all freight
(13) "Underlying Carrier" includes any water, rail, motor, air or other carrier utilized by the Carrier for any part of the transportation of the shipment covered by and charges, whether actually paid or not, and to receive and retain them under all circumstances whatever, the Ship and/or the Goods lost or not lost, or the
this Through Bill . voyage changed, broken up, frustrated or abandoned. Full freight shall be paid whether the Goods be damaged or lost, or packages or customary freight units
(14) "Sub-contractor" includes owners and operators of vessels (other than the Carrier), stevedores, terminal operators, warehousemen, Underlying Carriers, ocean be empty or partly empty.
and rail transport intermediaries and any independent contractor employed by the Carrier in its performance of the transportation of the Goods hereunder. (3) All freight and charges shall be paid in full and without any offset, counterclaim or deduction, in the currency named in this Bill or, at the Carrier's option, in
its equivalent in local currency at bank demand rates of exchange in New York as of the date payment of freight shall be due hereunder. Any error in freight
Sub-contractor shall also include direct and indirect sub-contractors and their respective servants and agents.
or in charges or in the classification herein of the Goods is subject to correction, and if on correction, the freight or charges are higher, Carrier may collect the
additional amount.
2. Carrier's Tariff. The terms of the Carrier's applicable Tariff are incorporated herein. If this Bill is issued as a Sea Waybill, the CMI Rules for Sea Waybills
(4) The Merchant of the Goods shall be jointly and severally liable to Carrier for the payment of all freight, Bunker Adjustment Factor (BAF), Currency
excluding Rule 4 are also incorporated herein. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier upon request. Copies of the
Adjustment Factor (CAF), Terminal Handling Charge (THC), demurrage, detention, General Average, salvage and other charges, including but not limited to
CMI Rules for Sea Waybills can be obtained from the CMI website at [Link]/. In the case of inconsistency between this Bill and the applicable court costs, expenses and reasonable attorney's fees incurred in collecting sums due to the Carrier. Payment of ocean freight and charges to a freight forwarder,
Tariff or CMI Rules, this Bill shall prevail. broker or anyone other than the Carrier, or its authorized agent, shall not be deemed payment to the Carrier and shall be made at payer's sole risk.
3. Merchant's Warranty. The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of, the person owning or entitled to the possession of 15. Lien. The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this Bill or any other contracts with
the Goods and this Bill . the Merchant and expenses incurred by the Carrier for the account of the Merchant and for General Average and Salvage contrib utions to whomsoever due and for the
cost of recovering the same and shall be for the account of the Goods and the Merchant jointly and severally and the Carrier shall have the right in its absolute discretion
4. Sub-Contracting. to dispose of the Goods and/or to sell the Goods by public auction or private treaty without notice to the Merchant.
(1) 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. 16. Optional Stowage.
(2) In contracting for the following exemptions and limitation of and exoneration from liability, the Carrier is acting as agent and trustee for all other persons (1) The Goods may be stowed by the Carrier in Containers or similar articles of transport used to consolidate Goods.
named in this clause. It is understood and agreed that, other than the Carrier, no person, firm or corporation or other legal entity whatsoever (including the (2) Goods stowed in Containers whether by the Carrier or the Merchant, may be carried on or under deck without notice to the Merc hant. Goods (other than live
Master, officers and crew of the vessel, all agents and all Sub-Contractors ) is, or shall be deemed to be liable with respect to the Goods as carrier, bailee or animals) stowed in any covered-in space or loaded in Containers, vans or trailers carried on deck shall be deemed to be stowed under deck for all purposes,
other howsoever. If, however, it shall be adjudged that any one other than the Carrier is carrier or bailee of the Goods or u nder any responsibility with respect including General Average and the COGSA, the Hague Rules or other compulsorily applicable legislation.
thereto, all exemptions and limitations of and exoneration from liability provided by law or by terms hereof shall be availab le to such other. It is also agreed
that each of these persons and companies referred to above are intended beneficiaries, but nothing herein contained shall be construed to limit or to relieve 17. Deck Cargo. Goods which are stated herein to be carried on deck , whether or not carried on deck, are carried without responsibility on the part of the Carrier for
them from liability to the Carrier for acts arising or resulting from their fault or neglect. loss or damage of whatsoever nature arising during carriage by sea whether caused by unseaworthiness or negligence or any other cause whatsoever.
5. Clause Paramount and Responsibility of Carrier. 18. Special Container.
(A) Clause Paramount - as far as this Bill covers the carriage of Goods by sea either by the Carrier or its Sub-contractor, the contract evidenced in this Bill shall (1) The Carrier shall not undertake to carry the Goods in refrigerated, heated, insulated, ventilated or any other special Container(s) nor to carry special
have effect subject to the Hague Rules, if and as enacted in the country of shipment, and any Legislation including COGSA which make those rules Container(s) packed by or on behalf of the Merchant, as such; but the Carrier will treat such Goods or Container(s) only as o rdinary goods or dry Container(s)
compulsory, applicable or effective. The Hague Rules and said Legislation shall be deemed contractually incorporated herein and made a part of this respectively, unless special arrangements for the carriage of such Goods or Container(s) have been agreed to in writing between the Carrier and the Merchant
Contract regardless of whether it or they would otherwise be compulsorily applicable and nothing herein contained shall be deemed a surrender by the Carrier and unless such special arrangements are noted on the face of this Bill and all special freight, as required, has been paid. The Carrier shall not accept responsibility
or its Sub-contractor of any of its rights and immunities or any increase of any of its responsibilities under said Rules and Act. Notwithstanding anything to for the function of special Container(s) supplied by or on behalf of the Merchant.
the contrary, if the carriage called for in this Bill is a shipment to or from the United States, the liability of the Carrier or its Sub-contractor shall be (2) As regards the Goods which have been agreed to be carried in special Container(s), the Carrier or its Sub-contractors shall not be responsible for control and
exclusively determined pursuant to COGSA which is contractually incorporated into this Bill. The provisions cited in the Hague Rules and COGSA (except as care of the refrigeration units of such Container(s) when the Containers are not in the actual possession of the Carrier. The Carrier does not warrant the refrigerating
may be otherwise specifically provided herein) shall also govern before the Goods are loaded on and after they are discharged from the Ship provided, however, machinery and the Carrier shall not be liable for any loss of or damage to the Goods caused by latent defect in the refrigeration equipment.
that the Goods at said times are in the actual custody of the Carrier or any Sub-contractor. When no such enactment is in force in the country of shipment, the (3) If the Goods have been packed into refrigerated Container(s) by the Carrier and the particular temperature range requested by the Merchant is inserted in this
Hague Rules will apply. If any terms of this Bill are repugnant to the Hague Rules or any other compulsorily applicable International Convention or National Bill , the Carrier will set the thermostatic controls within the requested temperature range, and will exercise due diligence to maintain such temperature plus
Law which cannot be departed from by private contract, then such provision shall be null and void to the extent of such invalidity without invalidating the or minus three degrees C.
remaining provisions hereof. The Carrier or its Sub-contractor shall not be liable in any capacity whatsoever for any delay, non-delivery or misdelivery, or (4) If the cargo received by the Carrier is refrigerated Container(s) into which the contents have been packed by or on behalf of the Merchant, it is the obligation
loss of or damage to the Goods howsoever caused occurring while the Goods are not in the actual custody of the Carrier. of the Merchant to stow the contents properly and set the thermostatic controls exactly. The Carrier shall not be liable for a loss of or damage to the Goods
(B) Responsibility for Port to Port Shipments. Where loss or damage has occurred between the time of receipt of the Goods by the Carrier at the port of loading arising out of or resulting from the Merchant's failure in such obligation.
and the time of delivery by the Carrier at the port of discharge, or during any prior or subsequent period of carriage by Underlying Carriers or period of custody by
Sub-Contractors, the liability of the Carrier shall be determined in accordance with the appropriate Hague Rules and /or other Legislation as provided in the 19. Rust Condensation, etc. It is agreed that superficial rust, oxidation or condensation inside the Container or any like condition due to moisture is not the responsibility
provisions of Clause 5A above of this Bill . of the Carrier, unless said condition arises out of Carrier's failure to provide a seaworthy Container to the Merchant prior to loading. If the Merchant requires special
(C) Responsibility for Through Transportation. Where the place of receipt or place of delivery as set forth herein are inland points or ports not directly served by arrangements or care for the carriage of such Goods, he must request same in writing to the Carrier and said arrangements must be noted on the face of this Bill and all
the Carrier the responsibility of the Carrier with respect to the Through Transportation of the Goods shall be as follows: special freight, as required, must be paid by the Merchant.
(1) With respect to Through Transportation from, to or within the United States where the Goods are in the custody of a Sub -contractor such Through
Transportation will be governed by the provisions of Clause 5B above. 20. Methods and Routes of Transportation.
(2) In the event Clause 5B is held inapplicable to such Through Transportation from, to or within the United States then Carrier's liability will be governed (1) The Carrier may at any time and without notice to the Merchant:- (a) use any means of transport or storage whatsoever; (b) transfer the Goods from one conveyance
by and subject to the terms and conditions of the Sub-contractor's bill of lading or waybill and/or the ICC Uniform Bill of Lading together with the Sub- to another including trans-shipping or carrying the same on another vessel than the vessel named overleaf; (c) proceed by any route in his discretion (whether
contractor's Tariff which shall be incorporated herein as if set forth at length. Notwithstanding the foregoing, in the event there is a private contract or not the nearest or most direct or customary or advertised route) and proceed to or stay at any place or port whatsoever once or more often and in any order;
between the Carrier and a Sub-Contractor, responsibility for such Through Transportation will be governed by the terms and conditions of said contract (d) load and unload the Goods at any place or port (whether or not any such port is named overleaf as the port of loading or port of discharge) and store the
which shall be incorporated herein as if set forth at length and copies of said contract(s) shall be available to the Merchant at any office of the Carrier Goods at any such place or port; (e) comply with any orders or recommendations given by any government or authority or any person or body acting or purporting
upon request. to act as or on behalf of such government or authority or having under the terms of the insurance on the conveyance employed by the Carrier the right to give
(3) With respect to road carriage between countries in Europe according to the Convention on the Contract for the International Carriage of Goods by Road orders or directions.
(CMR), dated May 19, 1956, and during rail carriage between countries in Europe according to the International Agreement on Railway Transports (2) The liberties set out in sub-clause (1) may be invoked by the Carrier for any purpose whatsoever including undergoing repairs, towing or being towed, adjusting
(CIM) dated February 25, 1961. instruments, drydocking Force Majeure and assisting vessels in all situations, and anything done in accordance with sub-clause (1) or any delay arising therefrom
(4) With respect to rail or road carriage within a European country then according to the internal law of such state and/or any International Convention which shall be deemed to be within the contractual carriage and shall not be a deviation.
is compulsorily applicable by the laws of such state. In the absence of such laws or conventions then according to the Sub-contractors contracts of carriage and
tariffs, if any. Notwithstanding the above provision, road carriage in the United Kingdom according to the Conditions of Carriage 1998 of Road Haulage 21. Matters Affecting Performance. If at any time the performance of the contract evidenced by this Bill is or is likely to be affected by any Force Majeure hindrance,
Association Limited. risk, delay, difficulty or disadvantage of whatsoever kind which can not be avoided by the exercise of reasonable endeavours, the Carrier (whether or not the transport is
(5) With respect to carriage by road in Japan, according to the Standard Japanese Road Transportation Clauses (SJRTC). With respe ct to carriage by rail in 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
Japan, according to the Japanese Railway Transportation Business Law and Ministerial Ordinance for Railway Transportation. 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
(6) With respect to inland transportation of the Goods other than as provided in subparagraphs (1) through (5) supra, then accord ing to the provisions of any 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.
International Convention or National Law which is compulsorily applicable in the country where the inland transportation took place or, if no such law or
convention is applicable, then according to the Sub-contractor's tariff or any contract existing between the Sub-contractor and the Carrier.
22. War Risk Expenses. The Carrier may at any time and without prior notice to the Merchant impose surcharges to cover all extra expenses (including but not limited to
(D) Extent of Liability for Through Transportation. In any event, the liability of the Carrier shall under no circumstances whatsoever be greater than that of the
extra insurance premiums and costs of diversion) incurred by the Carrier as a result of the outbreak of war, hostilities, war-like operations, civil war, civil commotion,
Sub-contractor under said Sub-contractors' contract with the Carrier, and the Carrier shall be entitled to all the rights, defenses, limitations and exemptions
blockade, piracy or revolution regardless of whether the Ship sailed or not sailed or is underway at the time the expenses are incurred.
from liability contained therein.
(E) Subrogation. When any claims are paid to the Merchant by the Carrier, the Carrier shall be automatically subrogated to all rights of the Merchant against all 23. Dangerous Goods.
others, including Underlying Carrier's, on account of such loss or damage. (1) The Merchant undertakes not to tender for transportation of any Goods which are of a dangerous, inflammable, radioactive, or damaging nature without previously
(F) In the event an action is brought in a jurisdiction in which the relevant provisions of clause 5 (A) - (E) of this Bill which are applicable to such claim are held giving written notice of their nature to the Carrier and marking the Goods and the Container or other covering on the outside as required by any laws or regulations
to be unenforceable pursuant to local law then liability for such claim shall be determined according to the internal law of the jurisdiction in which the action which may be applicable.
is brought. (2) If the requirements of sub-clause (1) are not complied with, the Merchant shall indemnify the Carrier against all loss, damage or expense directly or in directly
arising out of such Goods being tendered for transportation or handled or carried by the Carrier.
6. General Limitations. (3) Goods which are or at any time become dangerous, inflammable, radioactive or damaging may, at any time or place, be unloaded, destroyed, or rendered
(1) The Carrier does not undertake that the Goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular market harmless without compensation, and if the Merchant has not given notice of their nature to the Carrier under (1) above, the Carrier shall be under no liability
or use and save as provided in Clause 5 the Carrier shall in no circumstances be liable for any indirect or consequential loss or damage caused by delay. to make any General Average contribution in respect of such Goods.
(2) Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage arising from any other
cause. 24. Regulations Relating to Goods. As a result of Merchant's failure to comply with such regulations or requirements of Customs, port and other authorities, Merchant
(3) The Carrier shall be entitled to the full benefit of all rights and immunities and all limitations of, or exemptions from, liability provided in the London shall bear and pay all amounts incurred by the Carrier in complying with same as well as all duties, taxes, fines, imposts, expenses or losses incurred or suffered or by
Convention of 1976. Notwithstanding the foregoing, if local law makes the Brussels Convention of 1957 mandatorily applicable, then said latter Act will be reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods, and indemnify the Carrier in respect thereof.
applicable under this Bill . The Carrier shall also be entitled to the full benefit of all rights and immunities and all limitations of, or exemptions from liability
contained in any national law of any nation whose laws shall be applicable. 25. Notification and Delivery.
(4) Without waiver or limitation of any exemption from or limitation of liability afforded by law or by this Bill and pursuant to the United States Fire Statute, 46 (1) Any mention in this Bill parties to be notified of the arrival of the Goods is solely for information of the Carrier, and failure to give such notification shall not
U.S.C., Sec. 182, neither Carrier nor any corporation owned by, subsidiary to, or associated or affiliated with Carrier shall be liable for any loss or damage involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.
wheresoever and whensoever occurring by reason of any fire whatsoever, including that occurring before loading on or after discharge from the Ship or while (2) The Merchant shall take delivery of the Goods within the time provided for in the Carrier's applicable Tariff, failing which the Merchant is liable to pay for
the Goods are in the custody of an Underlying Carrier, unless such fire shall have been caused by the design or neglect or by the actual fault or privity of the detention/demurrage charges at the rate stipulated in the Carrier's applicable Tariff.
Carrier or such corporation, respectively. In any situation where such exemption from liability may not be permitted by law neither Carrier nor such corporation (3) If the Merchant fails to take delivery of the Goods or part of them upon expiration of the Tariffs prescribed free time, the Goods shall be deemed to have been
shall be liable for any such loss or damage by fire unless caused by negligence, including that imputed by law, for which Carrier or such corporation is liable, delivered to the Merchant and the Carrier may with or without notice, but subject to its lien, store or warehouse the unclaimed Goods at the sole risk and
respectively. expense of the Merchant and the Carrier shall have a lien for all expenses incurred. Thereupon, the liability of Carrier in respect of the unclaimed Goods shall
cease.
7. Amount of Compensation and Limitation of Liability. (4) The Merchant's attention is drawn to the provisions concerning free storage time and cargo and equipment demurrage contained in the Carrier's applicable tariff.
(1) All claims for which the Carrier may be liable shall be adjusted and settled on the basis of the net invoice value of the Goo ds plus freight and insurance. (5) Notwithstanding anything else to the contrary contained within this Bill , where in accordance with local legislation all import cargo is discharged into the
Notwithstanding the foregoing it is agreed that in no event shall this clause operate to increase the extent of the Carrier's liability beyond the applicable market custody of the port authority or customs and such agencies in turn are solely responsible for the correct release of the cargo to the rightful consignee upon
value at the port of discharge or place of delivery, if that be less than the net invoice value plus freight and insurance. In no event shall the Carrier be liable presentation of the pertinent documentation and payment of relevant customs duties, taxes, dues and any other charges, then in such countries neither the
for any loss of profit or any consequential loss. Carrier nor its agents or Sub-contractors will be responsible or liable in the event of incorrect release of the cargo after its delivery to the port authority or
(2) In the event this Bill covers Goods moving to or from a port or final destination in the United States, the Carrier's limitation of liability in respect to the customs by the Carrier.
Goods shall in no event exceed US$ 500 per package or, when the Goods are not shipped in packages, US$500 per customary freig ht unit. In the event the
foregoing would be held inapplicable under the local law of the jurisdiction in which legal proceedings are brought and if th e Goods covered by this Bill are 26. Both-to-Blame Collision. If the (carrying) Ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or
subject to the Hague Rules or any amendments thereto, including the Hague Visby Amendments, then Carrier's liability in no ev ent shall exceed the greater of default in the navigation or the management of the carrying Ship, the Merchant undertakes to pay the Carrier or, where the Carrier is not the owner and in possession of
2 SDRs per kilo of gross weight of the Goods lost or damaged or 667 SDRs per package. The Merchant agrees and acknowledges th at the Carrier has no the carrying Ship, to pay to the Carrier as trustee for the owner and/or demise charterer of the carrying Ship, a sum sufficient to indemnify the Carrier and/or the owner
knowledge of the value of the Goods, and that higher compensation than that provided herein may not be claimed unless the nature and value of such Goods and/or demise charterer of the carrying Ship against all loss or liability to the other or non-carrying ship or her owners insofar as such loss or liability represents loss of
have been declared by the Merchant before shipment and agreed to by the Carrier and inserted in this Bill and any applicable Ad Valorem freight rate, as set or damage to, or any claim whatsoever of the Merchant, paid or payable by the other or non-carrying ship or her owners to the Merchant and set-off, recouped or recovered
out in Carrier's tariff, is paid. by the other or non-carrying ship or her owners as part of their claim against the carrying Ship or her owner or demise charterer or the Carrier. The foregoing provisions
(3) If the actual value of the Goods per package or per customary freight unit exceeds such declared value, the value shall nevertheless be deemed to be the shall also apply where the owners, operators, or those in charge of any ship or ships or objects, other than, or in addition to, the colliding ships or objects, are at fault in
declared value. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. In any case, if th e declared value is higher than the respect to a collision, contact, stranding or other accident.
actual value, the Carrier shall in no event be liable to pay compensation higher than the net invoice value of the Goods plus freight and insurance.
27. General Average. General Average shall be adjusted, stated and settled in London or any other place selected by the Carrier and according to the York/Antwerp
8. Notice of Claim and Time for Suit. Unless notice of loss or damage and a general nature of such loss or damage be given in writing to the Carrier at the port of Rules 1994 except Rule Paramount thereof and as to matters not provided for by those Rules, according to the laws and usages in London. The General Average
discharge or place of delivery before or at the time of delivery of the Goods, or, if the loss or damage be not apparent, within three consecutive days after delivery, the Statement in every instance shall be prepared by Average Adjusters selected by the Carrier. In average adjustments, disbursements in foreign currency shall be
Goods shall be deemed to have been delivered as described in this Bill. In any event, except as provided in the next sentence , the Carrier shall be discharged from all exchanged into any currency at the Carrier's option at the rate prevailing at time of payment and allowances for damage to cargo claimed in foreign currency shall be
liability in respect of non-delivery, mis-delivery, delay, loss or damage unless suit is brought within one year after delivery of the Goods or the date when the Goods converted at the rate prevailing on the last day of discharge at the port of final discharge of such damaged cargo. Average agreement or bond and such additional security
should have been delivered. Where the damage occurs in the custody of a Sub-Contractor during Through Transportation, the Carrier and the Sub-Contractor shall be as may be required by the Carrier, must be furnished before the delivery of the Goods. Such cash deposit, agreement or other security as the Carrier or its agents may
discharged from all liability in respect of non-delivery, mis-delivery, delay, loss or damage unless notice of claim is filed and suit is brought within the time periods consider requisite to cover the estimated contribution of the Goods and any salvage and special charges thereon shall be made by the Goods, or the Merchant(s) to the
prescribed by the local laws set forth in Clause 5 (C) (1) - 5 (C) (6) of this Through Bill . Carrier if required before delivery. Any deposits shall be payable at Carrier's option in the currency to be indicated on each occasion by the Carrier and be remitted to
the Average Adjusters. Refunds of credit balance shall be paid in the same currency. It is understood that in every instance the Merchant shall remain responsible until
9. Defence and Limits for the Carrier. The defence and limits of liability provided for in this Bill shall apply in any action against the Carrier for loss or damage the statement of average has been settled. In case of accident, danger, damage or disaster before or after commencement of the voyage resulting from any cause whatever,
to the Goods whether the action be founded in contract or in tort. whether due to negligence or not for which or for the consequence of which the Carrier is not responsible by statute, contrac t or otherwise, the Goods, the Merchant(s)
shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Averag e nature that may be made or incurred and
10. Shipper-Packed Containers. If a Container has not been filled, packed, stuffed or loaded by the Carrier, the Carrier shall not be liable for loss or damage to the shall pay salvage and special charge incurred in respect to the Goods. If the salving ship is owned or operated by the Carrie r, salvage shall be paid so fully as if the
contents and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage, liability or expense salving ship was owned or operated by strangers.
has been caused by:- (a) the manner in which the Container has been filled, packed, stuffed or loaded; or (b) the unsuitability of the contents for carriage in Containers;
or (c) the unsuitability or defective condition of the Container arising without any want of due diligence on the part of the Carrier to make the Container reasonably fit 28. Variation of the Contract, etc. No servant or agent of the Carrier shall have power to waive or vary any term of this Bill unless such waiver or variation is in
for the purpose for which it is required; or (d) the unsuitability or defective condition of the Container which would have b een apparent upon reasonable inspection by writing and is specifically authorized or ratified in writing by the Carrier.
the Merchant at or prior to the time when the Container was filled, packed, stuffed or loaded, or (e) the discovery of any drugs, narcotics or other illegal substances
within Containers packed by the Merchant or inside Goods supplied by the Merchant, and shall indemnify the Carrier in respect thereof. Any reference in this Bill to 29. Law and Jurisdiction.
Shipped on Board or Clean on Board relates solely to the Containers and not to the contents thereof. This Bill shall be subject to Section 80113 of the U.S. Federal (1) Governing Law - Save where the terms and conditions of this bill of lading provide for another law to apply, this bill of lading shall be gov erned by, and its
Bills of Lading Act, 49 U.S.C. (The Pomerene Act) and it is agreed that the Carrier is entitled to that section's full protection for the entire period the Goods are in the terms and conditions shall be construed according to, English law.
custody of the Carrier including pre-loading and post-discharge periods. (2) Jurisdiction - All claims and disputes under this Bill shall be determined by the High Court of Justice, England to the exclusion of the jurisdiction of 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 the
courts of any other country which, but for the terms of this Bill of Lading, could properly assume jurisdiction to hear and determine such claims or disputes, but
11. Inspection of Goods. The Carrier shall be entitled, but under no obligation, to open any Container at any time and to inspect the contents. If it thereupon appears
this shall not constitute a waiver of the terms of this provision for any other claims or disputes.
that the contents or any part thereof cannot safely or properly be carried further, either at all or without incurring any additional expense or taking any measures in relation to
Notwithstanding the provisions of Clause 29 (1) and (2) above, if the carriage includes carriage to, from or through a port in the United States of America, the
the Container or its contents or any part thereof, the Carrier may abandon the transportation thereof and/or take any measure s 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 Merchant may refer any claim or dispute to the United States District Court for the Southern District of New York in who shall determine the same accordance
due delivery under this Bill . The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred. with the laws of the United States of America.