Carrier’s bill of lading includes the following clauses

on its front side:

 

‘In accepting this bill of lading, any local customs

or privileges to the contrary notwithstanding, the

shipper, consignee and owner of the goods and

the holder of this bill of lading, agree to be bound

by all the stipulations, exceptions and conditions

stated herein whether written, printed, stamped

or incorporated on the front or reverse side hereof,

as fully as if they were all signed by such shipper,

consignee, owner or holder.’

 

‘In witness whereof three (3) bills of lading, all

of the tenor and date have been signed, one of

which being accomplished, the others to stand void.’

 

For terms and conditions of Carrier’s bill of lading,

as printed on its reverse side, please see Rule 8-010

(B/L Terms 1-15) and Rule 8-020 (B/L Terms 16-34).

 

1. (Definitions) When used in this Bill of Lading

 

(A) “Ocean Carrier” means the company named on the reverse

side of this bill of lading, which performs sea carriage of

Goods, and the vessel, her owner, and demise charterer,

whether any of the preceding parties is acting as ocean

carrier, non-vessel operating common carrier, or bailee.

 

(B) “Inland Carrier” means carriers (other than the

Ocean Carrier) by land, water or air, participating

in combined transport of the Goods, whether acting as

carrier or bailee.

 

(C) “Combined Transport” means carriage of the Goods

under this Bill of Lading from place of receipt from

merchant to place of delivery to Merchant by the

Ocean Carrier plus one or more Inland Carriers.

 

(D) “Port-to-Port Transportation” means carriage of

the Goods under this Bill of Lading other than

combined transport.

 

(E) “Merchant” includes the shipper, consignor,

consignee, owner, and receiver of the Goods and the

holder of this Bill of Lading.

 

(F) “Goods” means the cargo described on the face of

this Bill of Lading and, if the cargo is packed into

container(s) supplied or furnished by or on behalf of

the Merchant, include the container(s) as well.

 

(G) “Vessel” includes the vessel named on the face of

this Bill of Lading and any ship, craft, lighter,

barge or other means of transport that is substituted

in whole or in part for that vessel.

 

(H) “Container” includes any containers (including an

open top container) flat rack, platform, trailer,

transportable tank, pallet or any other device used

for transportation of goods.

 

(I) “Laden on Board” or similar words endorsed on

this Bill of Lading means that the Goods have been

loaded on board the Vessel or are in the custody of

the Ocean Carrier, and in the event of Combined

Transport if the originating carrier is an Inland

Carrier. “On Board” means that the Goods have been

loaded on board rail cars or other means of Inland

carriage or are in the custody of a participating

railroad or other Inland Carrier.

 

(J) “Subcontractor” includes stevedores,

longshoremen, lighterers, terminal operators,

warehousemen, truckers, agents, servants, and any

person, firm, corporation or other legal entity which

performs services incidental to the carriage of the

Goods.

 

(K) “United States” or “U.S.” means the United States

of America.

 

2. (Clause Paramount) (A) Insofar as this Bill of

Lading covers carriage of Goods by water, this Bill of

Lading shall have effect subject to the provisions of the

“Hague Rules”, namely the International Conventions for

the Unification of Certain Rules Relating to Bills of

Lading, dated at Brussels, August 25, 1924, as amended

(including, where enacted, the Protocol dated at

Brussels, February 23, 1968, known as the Visby Rules),

as enacted in the country of shipment.  When no such

enactment is in force in the country of shipment or is

otherwise compulsorily applicable, the Hague Rules as

enacted in the country of destination shall apply.  When

no such enactment is in force in the country of

shipment or in the country of destination, or is

otherwise compulsorily applicable, the terms of the Hague

Rules as enacted by the Convention shall apply.

(B) If this Bill of Lading covers Goods moving to or

from ports of the United States in foreign trade, then

then carriage of such goods shall be subject to the

provisions of the United States Carriage of Goods by

Sea Act, 1936, 46 U.S.C. P1300-1315 as amended

(hereinafter “U.S. COGSA”), the terms of which shall

be incorporated herein.  The provisions of U.S. COSGA

shall (except as otherwise specifically provided in

this Bill of Lading) govern throughout the time when

the Goods are in the custody of the Ocean Carrier and

and any other water carrier and as otherwise provided

in this Bill of Lading.

 

3. (Law and Jurisdiction) Whenever the Carriage of

Goods by Sea Act 1936 (COSGA) of the United States of

America applies, this contract is to be governed by

United States Law.  In all other cases actions against

the Carrier may only  be instituted in the country where

the Carrier has its principal place of business and

shall be decided according to the law of such country.

 

4. (Limitation of Liability Statutes) Nothing in this

Bill of Lading shall operate to limit or deprive the

Ocean Carrier of any statutory protection, exemption

from, or limitation of liability authorized by the

applicable laws, statutes, or regulations of any country.

 

5.(Sub-Contracting:  Exemptions and Immunities of Sub-

contractors)  (A) The Ocean Carrier shall be entitled to

subcontract on any terms the whole or part of the handling

storage, or carrier of the Goods and all duties whatsoever

undertaken by the Ocean Carrier in relation to the Goods.

(B) Merchant warrants that no claim shall be made against

any subcontractor (as defined in Article 1 (J), or

Subcontractor, of Ocean Carrier, except Inland Carriers

where otherwise appropriate, that imposes or attempts to

impose upon any of them or any vessel owned or operated by

any of them any liability in connection with the Goods,

and, if any such

should nevertheless be made, to

indemnify the Ocean Carrier against all consequences of

such claims.  (C) Without prejudice to the foregoing, it

is expressly agreed that every such Subcontractor (and

Subcontractor’s Subcontractor) shall have the benefit of

all provisions in this Bill of Lading for the benefit of

the Ocean Carrier as if such provisions were expressly

for the Subcontractor’s benefit.  In entering into this

contract the Ocean Carrier, to the extent of those

provisions, does so not only on its own behalf but also on

behalf of such Subcontractors.

 

6. (Route to Transport) (A) The Goods may, at the Ocean

Carriers absolute discretion, be carried as a single

shipment or as several shipments by the Vessel and/or

any other means of transport by land, water, or air and

by any route whatsoever, whether or not such route is

the direct, advertised, or customary route.  (B) The

Vessel shall have liberty to call and/or stay at any

port or place in or out of the direct, advertised, or

customary route, once or more often and in any order,

and/or to omit calling at any port of place whether

scheduled or not.  (C) The Vessel shall have liberty,

either with or without the Goods on board and either

before or after proceeding toward the port of discharge

to adjust to compasses and other navigational

instruments, make trial trips or tests, dry dock, go

to repair yards, shift berths, take on fuel or stores,

embark or disembark any person, carry contraband,

explosives, munitions, war-like stores and hazardous

cargo, sail with or without pilots, tow or be towed,

and save or attempt to save life or property.  (D) If

the Goods in whole or in part are for any reason not

carried on the Vessel named in this Bill of Lading, or

if loading the Goods is delayed or is likely to detain

the Vessel, the Vessel may proceed without carrying

or loading the Goods in whole or in part, and notice

to merchant of such sailing is hereby waived.  Ocean

Carrier may forward the Goods under the terms of this

Bill of Lading on the next available ship or at Ocean

Carrier’s option by any other means of transportation,

whether by land, water or air.  (E) At Ocean Carrier’s

option and without notice to Merchant, another ship

or ships may be substituted for the Vessel named in this

Bill of Lading, whether or not the substitute ship is

owned or operated by Ocean Carrier or arrives or

departs, or is scheduled to arrive or depart, before or

after the Vessel named by this Bill of Lading.  (F) Any

action taken by the Ocean Carrier under this Article 6

shall be deemed to be included within the contractual

carriage and such action, or delay resulting therefrom,

shall not be considered a deviation.  Should the Ocean

Carrier be held liable in respect of such action, the

Ocean Carrier shall be entitled to the full benefit

of all privileges, rights, and immunities contained

in this Bill of Lading.

 

7. (Responsibility) (A) Insofar as this Bill of Lading is

used for Port-to-Port Transportation of the Goods,

the Ocean Carrier shall not be responsible for loss of

or damage to the Goods caused before loading or after

discharge “Loading” shall be deemed to commence with

the hooking on the vessel’s tackle, or if not using the

vessel’s tackle, with the receipt of the Goods on deck

or in the hold of (if the Goods are in bulk liquid) in

the vessel’s permanent pipe connections.  “Discharge”

shall be deemed to be completed when the Goods have been

unhooked from the vessel’s tackle or removed from the

vessel’s deck or passed beyond the vessel’s deck or

passed beyond the vessel’s permanent pipe connections.

(B) Insofar as this Bill of Lading is used for combined

transport of the Goods, the responsibility of the Ocean

Carrier and each Inland Carrier with respect to the

Goods shall be limited to the period when the carrier

has custody of the Goods, and no carrier, either Ocean

or Inland, shall be responsible for any loss or damage

caused while the Goods are not in its custody.  Any

claim for loss of or damage to the Goods, including

loss or damages resulting from delay, should be made

against the carrier having custody of the Goods when

the loss or damage or delay was caused.  (C) If it is

established by the Merchant that the Ocean Carrier is

responsible for loss of or damage to or in connection

with the Goods, such responsibility, subject to the

provisions of this Bill of Lading, shall be to the

extent following but not further:  (1) With respect

to loss or damage caused during the period from the

time when the Goods arrived at the sea terminal at the

port of loading to the time when they left the sea

terminal at the port of discharge, or caused during

any previous or subsequent period of carriage by sea

or waterways, to the extent prescribed by the applicable

Hague Rules as provided in Article 2.  (2) Save as

indicated b (1) above, with respect to loss or damage

caused during the handling, storage of the Goods by

Ocean Carrier’s Subcontractor, to the extent to which

such Subcontractor would have been liable to the

Merchant if he had made a direct and separate contract

with the Merchant in respect of such handling, storage

or carriage, provided, however, that if the Ocean

Carrier is not authorized under any applicable laws,

rules or regulations to undertake such handling,

storage, or carriage under its own responsibility, the

Ocean Carrier shall only be liable for procuring such

handling, storage or carriage.

If such handling, storage or carriage occurred

in or between points in Europe, or where

otherwise applicable, such responsibility shall be

governed (a) if by road by the Convention on the

Contract for the International Carriage of Goods by

Road, dated 19 May, 1956 (CMR); (b) if by rail, by

the International Convention Concerning the Carriage

of Goods by Rail dated 25 February, 1961 (CIM); (c) if

by air, by the Convention for the Unification of Certain

Rules Relating to International Carriage by Air, signed

Warsaw 12 October, 1929, as amended by the Hague

Protocol dated 28 September, 1955 (Warsaw Convention);

(d) If it is established by the Merchant that an Inland

Carrier is responsible for loss of or damage to or in

connection with the Goods, such responsibility shall

be to the extent, but not further, than the Inland

Carrier would have been liable to the Merchant if he

had made a direct and separate contract with the

Merchant in respect of handling, storage or carriage

of the Goods, as applicable.  (e) Notwithstanding

foregoing Article 7 (A) or 7 (B), the Ocean Carrier

does not undertake that the Goods shall arrive at the

port of discharge or place of delivery at any particular

time or in time to meet any particular market or use,

and the Ocean Carrier shall not be responsible for any

direct or indirect loss or damage that is caused

through delay.  (f) If this Bill of Lading is used for

Port-to-Port Transportation, the column indicating

final destination on the face of this Bill of Lading is

solely for the purpose of the Merchant’s reference, and

the Ocean Carrier’s responsibility for the Goods shall

in all cases cease at the time of discharge of the

Goods at the port of discharge.

 

8. (Liberties) (A) In any situation whatsoever whether or

not existing or anticipated before commencement of or

during the transport, which in the judgement of the

Ocean Carrier (including for the purpose of this

Article the Master and any person charged with the

transport or safekeeping of the Goods) has given or is

likely to give rise to danger, injury, loss, delay, or

disadvantage of whatsoever nature to the Vessel, the

Ocean Carrier, a vehicle, any person, the Goods or any

property, or has rendered or is likely to render it in

any way unsafe, impracticable, unlawful, or against

the interest of the Ocean Carrier or the Merchant to

commence or continue the transport or to discharge the

Goods at the port of discharge or to deliver the Goods

at the place of delivery by the route and in the manner

originally intended by the Ocean Carrier, the Ocean

Carrier (1) at the time shall be entitled to unpack the

container(s) or otherwise dispose of the Goods in such

way as the Ocean Carrier may deem advisable at the risk

and expense of the Merchant and/or (2) before the Goods

are loaded on the Vessel, a vehicle, or other means of

transport at the place of receipt or port of loading,

shall be entitled to cancel the contract of carriage

without compensation and to require the Merchant to take

delivery of the Goods and, upon his failure to do so,

to warehouse or place them at any place selected by

the Ocean Carrier at the risk and expense of the

Merchant and/or (3) if the Goods are at a place awaiting

transshipment, shall be entitled to terminate the

transport there and to store them at any place selected

by the Ocean Carrier at the risk and expense of the

Merchant, and/or (4) if the Goods are loaded on the

Vessel, a vehicle, or other means of transport whether

or not approaching, entering, or attempting to enter

the port of discharge or to reach the place of delivery

or attempting or commencing to discharge, shall be

entitled to discharge the Goods or any part of them

at any port or place selected by the Ocean Carrier or

to carry them back to the port of loading or place of

receipt and there discharge them.  Any actions under

(3) and (4) above shall constitute complete and final

delivery and full performance of this contract, and the

Ocean Carrier thereafter shall be free from any

responsibility for carriage of the Goods.  (B) If, after

storage, discharge, or any actions according to

subpart (A) above the Ocean Carrier makes arrangements

to store and/or forward the Goods, it is agreed that he

shall do so only as agent for and at the sole risk and

expense of the Merchant without any liability whatsoever

in respect of such agency.

(B) The Merchant shall reimburse the Ocean

Carrier forthwith upon demand for all extra

freight charges and expenses incurred for any actions

taken according to subpart (A), including delay or

expense to the Vessel, and the Ocean Carrier shall

have a lien upon the Goods to that extent.  (C) The

situations referred to in subpart (A) above shall

include, but shall not be limited to, those caused

by the existence or apprehension of war declared or

undeclared, hostilities, riots, civil commotions, or

other disturbances closure of, obstacle in, or danger

to any port or canal, blockade, prohibition, or

restriction on commerce or trading quarantine, sanitary,

or other similar regulations or restrictions, strikes,

lockouts or other labor troubles whether partial or

general and whether or not involving employees of the

Ocean Carrier or its Subcontractors, congestion of

port, wharf, sea terminal, or similar place, shortage,

absence or obstacles of labor or facilities for

loading, discharge, delivery, or other handling of the

Goods, epidemics or diseases, bad weather, shallow

water, ice, landslip, or other obstacles in navigation

or carriage (D) The Ocean Carrier, in addition to all

other liberties provided for in this Article, shall

have liberty to comply with orders, directions,

regulations or suggestions as to navigation or the

carriage or handling of the Goods or the Vessel

howsoever given, by any actual or purported government

or public authority, or by any committee or person

having under the terms of any insurance on the

Vessel, the right to give such order, direction,

regulation, or suggestion.  If by reason of and/or

in compliance with any such order, direction,

regulation, or suggestions, anything is done or is not

done the same shall be deemed to be included within the

contractual carriage and shall not be a deviation.

 

9. (Description and Particulars of Goods) Any reference on

the face of this Bill of Lading to marks, numbers,

description, quantity, quality, gauge, weight, measure,

nature, kind, value, and any other particulars of the

Goods, is as furnished by the Merchant.  The Ocean

Carrier shall not be responsible for the accuracy of

any such reference and is not bound thereby.  The

Merchant warrants to the Ocean Carrier that the

descriptions and particulars furnished by him are

correct, and the Merchant shall indemnify the Ocean

Carrier against all loss, damage, expenses, liability,

penalties and fines arising or resulting from

inaccuracy of any description or particular.

 

10. (Use of Container) When the Goods are not already

packed into a container at the time of receipt by

the Ocean Carrier, the Ocean Carrier shall be at

liberty to pack and carry the Goods in any type of

container.

 

11. (Ocean Carrier’s Container) (A) The Merchant assumes

full responsibility for and shall indemnify the

Ocean Carrier against any loss of or damage to the

Ocean Carrier’s containers and other equipment if

the loss or damage is caused or occurs while in the

possession or control of the Merchant, his agents,

or common carriers engaged by or on behalf of the

Merchant (B) The Ocean Carrier shall in no event be

liable for, and the Merchant shall indemnify and hold

the Ocean Carrier harmless from, any death of or

injuries to persons, or loss of or damage to property,

caused by the Ocean Carrier’s container or its

contents while in the possession or control of the

Merchant, his agents, or common carriers engaged by

or on behalf of the Merchant.

 

12. (Container Packed by Merchant) If the cargo received

by the Ocean or Inland Carrier is in a container

packed by or on behalf of the Merchant.  (A) This

Bill of Lading is prima facie evidence of the receipt

only of the number on the face of this Bill of Lading.

The condition and particulars of the contents are

unknown to the Ocean and Inland Carriers, and the

Ocean Carrier accepts no responsibility for the

accuracy of the description of condition or

particulars.  (B) The Merchant warrants (1) that the

stowage of the contents of the containers and the

closing and sealing of the containers are safe and

proper, and (2) that the containers and their contents

are suitable for handling and carriage in accordance

with the terms of this Bill of Lading, including

Article 15.  In the event of the Merchant’s breach of

any of these warranties, the Merchant and not the

Ocean Carrier shall be responsible for, and the

Merchant shall indemnify and hold Ocean Carrier

harmless from, any resulting loss or damage to persons

or property (including the Goods) (C) The Merchant

shall inspect the container when it is furnished by or

on behalf of the Ocean Carrier, and the container

shall be deemed to have been accepted by the Merchant

as being in sound and suitable condition for the

purpose of the transport contracted for in this Bill

of Lading, unless the Merchant gives notice to the

contrary, in writing, to the Ocean Carrier before

the transport.  (D) If the container is delivered

after transport by the Ocean or Inland Carrier with

seals intact, such delivery shall be deemed to be full

and complete performance of the Ocean Carrier’s

obligations under this Bill of Lading, and the Ocean

Carrier shall not be liable for any loss of or damage

to the contents of the container.  (E) The Ocean

and Inland Carrier shall have the right to open the

container and to inspect its contents without notice

to the Merchant, at such time and place as the Ocean

or Inland Carrier may deem necessary, and all expenses

incurred therefrom shall be borne by the Merchant.

(F) If any seal of the container is broken by customs

or other authorities for inspection of its contents,

the Ocean Carrier shall not be liable for any

resulting loss, damage or expenses.

 

13. (Special Carriage or Container) (A) The Ocean Carrier

does not undertake to carry the Goods in refrigerated,

heated, insulated, ventilated, or any other special

hold or container, nor to carry any special container

packed by or on behalf of the Merchant, but the Ocean

Carrier will treat such Goods or container only as

ordinary goods or dry container, respectively, unless:

(1) special arrangements for the carriage of such

Goods or container have been agreed to in writing

between the Ocean Carrier and the Merchant; (2) such

special arrangements are noted on the face of this

Bill of Lading; and (3) special freights as required

has been paid.  The Ocean Carrier shall not be

responsible for the function of a special container

supplied by or on behalf of the Merchant.  (B) The

Ocean Carrier shall not be liable for any loss of or

damage to Goods in a special hold or container arising

from latent defects, breakdown, or stoppage of the

refrigeration or heating machinery, insulation, ship’s

plant, or other such apparatus of the Vessel or

container, provided that the Ocean Carrier shall before

or at the beginning of the transport exercise due

diligence to maintain the special hold or container

in an efficient state.  (C) If the Goods have been

packed into a refrigerated container by the Ocean or

Inland Carrier, and the particular temperature range

requested by the Merchants is inserted in this Bill

of Lading, the Ocean Carrier will set the thermostatic

controls within the requested temperature range but

does not guarantee the maintenance of such temperature

inside the container.  (D) If the cargo received by the

Ocean or Inland Carrier is in a refrigerated container

packed by or on behalf of the Merchant, it is the

obligation of the Merchant to stow the contents

properly and set the thermostatic controls exactly.

The Ocean Carrier shall not be liable for any loss of

or damage to the Goods arising out of or resulting

from the Merchant’s failure in such obligation and

Ocean Carrier does not guarantee the maintenance of the

intended temperature inside the container.

 

14. (Dangerous Goods, Contraband) (A) The Ocean Carrier

undertakes to carry Goods of an explosive, inflammable,

radioactive, corrosive, damaging, poisonous, or

dangerous nature only upon the Ocean Carrier’s approval

of a written application by the Merchant prior to the

carriage of such Goods.  Such application must

accurately state the name, nature and classification

of the Goods, as well as how they are dangerous and the

method of rendering them innocuous, together with the

full names and addresses of the shipper and the

consignee.  (B) The Merchant shall undertake that the

nature and danger of such Goods is distinctly hand

permanently marked on the outside of the package or

container containing the Goods.  (C) Merchant shall

submit all documents or certificates required in

connection with such Goods by any applicable statue or

regulation or by the Ocean Carrier (D) Whenever the

Goods are discovered to have been received by the Ocean

or Inland Carrier without complying with subparts (A),

(B) or (C) above, or the Goods are found to be

contraband or prohibited by any law or regulation

of any place during the transport, the Ocean Carrier

shall be entitled to have such Goods rendered

innocuous, thrown overboard, discharged, or otherwise

disposed of at the Ocean Carrier’s discretion without

compensation, and the Merchant shall be liable for and

indemnify the Ocean Carrier against any loss, damage

or liability, including loss of freight, and any other

expenses directly or indirectly arising out of custody

or carriage of such Goods.  (E) The Ocean Carrier

may exercise the right conferred upon it under the

preceding subpart whenever it is apprehended that

Goods received in compliance with subparts (A), (B)

and (C) above has become dangerous, even if not

dangerous when received by the Ocean or Inland Carrier.

(F) The Ocean Carrier has the right to inspect the

contents of any package or container at any time and

place without the prior notice to Merchant and at the

risk and expense of the Merchant.

 

15. (Stowage Under and on Deck) (A) Goods in containers,

vans, trailers, or chassis may be carried under deck

or on deck, and when such Goods are carried on deck

the Ocean Carrier shall not be required to specially

note mark, or stamp any statement of “on deck stowage”

on the face of this Bill of Lading, any custom to the

contrary notwithstanding.  Such on deck carriage

shall not be considered a deviation.  (B) Goods stowed

in poop, forecastle, deck house, shelter deck,

passenger space, or any other covered-in-space, or

stowed in a container wherever placed, shall be deemed

to be stowed under deck for all purposes including

general average.  (C) Lumber, earth moving equipment

and all other Goods customarily or reasonably carried

on deck may, at Ocean Carrier’s option, be carried

on deck without further notice to Merchant and

without liability to the Ocean Carrier for the risks

inherent in or incident to such carriage.  Such on

deck carriage shall not be considered a deviation.

(D) In respect of Goods not in containers and carried

on deck, and stated on this Bill of Lading to be so

carried, all risks of loss or damage from perils

inherent in or incident to the custody or carriage

of such Goods shall be borne by the Merchant and in

all other respects the Ocean Carrier shall have the

benefit of the provisions of the applicable, version

of the Hague Rules (including U.S. COGSA,

notwithstanding Section 1301 (c) thereof), and the

terms of this Bill of Lading.

 

 

16. (Live Animals and Plants) With respect to the custody

and carriage of live animals and plants, all risks

of loss or damage by perils inherent in or incident

to such carriage shall be borne by the Merchant, and

in all other respects the Ocean Carrier shall have the

benefit of the provisions of the applicable version

of the Hague Rules (including U.S. COGSA,

notwithstanding Section 1301(c) thereof), and the terms

of this Bill of Lading.

 

17. (Valuable Goods) The Ocean Carrier shall not be liable

to any extent for any loss of or damage to or in

connection with precious metals, stones, or chemicals,

jewelry, currency, negotiable instruments, securities,

writings, documents, works of art, curios, heirlooms,

or any other valuable goods, including goods having

particular value only for the Merchant, unless the

true nature and value of the Goods have been declared

in writing by the Merchant before receipt of the

Goods by the Ocean or Inland Carrier, the same is

inserted on the face of this Bill of Lading and

additional freight has been paid as required.

 

18. (Heavy Lift) (A) The weight of a single piece or

package exceeding 2,240 lbs. gross must be declared

by the Merchant in writing before receipt by the Ocean

or Inland Carrier and must be marked clearly and

durably on the outside of the piece or package in

letters and figures not less than two inches high.

(B) If the Merchant fails in his obligations under the

preceding subpart (1) the Ocean Carrier shall not be

responsible for any loss of or damage to in connection

with the Goods.  (2) The Merchant shall be liable

for resulting loss of or damage to any person or

property, and (3) Merchant shall indemnify the Ocean

Carrier against any resulting loss, damage, or

liability suffered by the Ocean Carrier.

 

19. (Delivery by Marks) (A) The Ocean Carrier shall not be

liable for failure or delaying delivery in accordance

with marks, unless such marks have been clearly and

durably stamped or marked upon the Goods, package, or

container by the Merchant before they are received

by the Ocean or Inland Carrier, in letters and numbers

not less than two inches high, together with the

names of the port of discharge and place of delivery.

(B) In no circumstances shall the Ocean Carrier be

responsible for delivery in accordance with other than

leading marks.  (C) The Merchant warrants that the

marks on the Goods, packages and containers correspond

to the marks shown on this Bill of Lading and also

in all respects comply with all laws and regulations

in force at the port of discharge or place of delivery.

The Merchant shall indemnify the Ocean Carrier against

all loss, damage or expenses resulting from inaccuracy

or incompleteness of the marks. (D) Goods that cannot be

identified as to marks or numbers, cargo seeping

liquid residue and any unclaimed goods not otherwise

accounted for may be allocated for the purpose

of completing delivery to the various Merchants of Goods

of like character in proportion to any apparent

shortage, loss of weight or damage.

 

20. (Delivery) (A) The Ocean Carrier shall have the right

to deliver the Goods at any time at the Vessels side,

customhouse, warehouse, wharf, or any other place

designated by the Ocean Carrier, within the

geographic limits of the port of discharge or place

of delivery shown of the face of this Bill of Lading

(B) The Ocean Carrier’s responsibility shall cease

when the Goods have been delivered to the Merchant

Inland Carrier connecting carrier or any other person

entitled to receive the Goods on Merchant’s behalf

at the place designated by the Ocean Carrier Delivery

of the Goods to the custody of customs or any other

public authority shall constitute final discharge of

the Ocean Carrier’s responsibility.  (C) In case the

cargo received by the Ocean Carrier is containers

packed by or on behalf of the Merchant (1) The Ocean

Carrier shall only be responsible for delivery of the

total number of containers received (2) The Ocean

Carrier shall not be required to unpack the containers

and deliver their contents in accordance with brands,

marks, numbers sizes to types of items or pieces (3)

At the Ocean Carrier is discretion and upon the

Merchant’s request in writing to the Ocean Carrier at

least 3 days prior to the scheduled date of arrival

of the Vessel at the port of discharge containers may

be unpacked and their contents delivered by the Ocean

Carrier in accordance with the written request.  In

such a case if the seal of the containers is intact at

the time of unpacking all the Ocean Carrier’s

obligations under this Bill of Lading shall be deemed

to have been discharged the Ocean Carrier shall not

be responsible for any loss or damage resulting from

such delivery and the Merchants shall be liable for an

appropriate adjustment of the freight and any

additional charges incurred.

(D) If the Goods have been packed into a

container by the Ocean Carrier it shall unpack

the container and deliver its contents, and the Ocean

Carrier shall not be required to deliver the Goods

in the container.  At the Ocean Carrier’s discretion,

and subject to prior arrangement between the Merchant

and the Ocean Carrier the Goods may be delivered to

Merchant in the container, in which case if the

container is delivered with seals intact all the

Ocean Carrier’s obligations under this Bill of Lading

shall be deemed to have been discharged, and the Ocean

Carrier shall not be responsible for any loss or damage

to the contents of the container.  (E) Optional

delivery shall be granted only when arranged prior

to the time of receipt of the Goods by Ocean Carrier

and if expressly stated on the face of this Bill of

Lading.  The Merchant desiring to avail himself of

the option so expressed must give notice in writing

to the Ocean Carrier at the first port of call named

in the option at least 48 hours prior to the Vessel’s

arrival there, otherwise the Goods shall be landed at

any of the optional ports at Ocean Carrier’s option,

and the Ocean Carrier’s responsibility shall then

cease.  (F) Ocean Carrier is not responsible to give

notification, in writing or otherwise, either to

Merchant or others, of the arrival, discharge, or

disposition of Goods, any custom or agreement to the

contrary notwithstanding, and notwithstanding any

notation on the face of this Bill of Lading, concerning

notification or a notify party.

 

21. (On-Carriage and Forwarding) (A) Whether arranged

beforehand or not, the Ocean Carrier shall be at

liberty without notice to carry the Goods wholly or

partly by the named or any other Vessel, craft barge,

or other means of transport by water, land or air,

whether or not owned or operated by the Ocean Carrier.

(B) The Ocean Carrier may under any circumstances

whatsoever discharge the Goods or any part of them

at any port or place and store them afloat or ashore

and then forward them by any means of transport.

(C) If the Goods cannot be found at the

port of discharge or place of delivery, or if they be

miscarried, they, when found, may be forwarded to their

intended port of discharge or place of delivery at the

Ocean Carrier’s expense, but the Ocean Carrier shall

not be liable for any loss, damage, delay, or

depreciation arising from such forwarding.  (D) In case

of Port-to-Port Transportation, on-carriage of cargo

by the underlaying water carrier, or receipt of cargo

from ports or inland points not including within the

ship’s itinerary or the Ocean Carrier’s service, is to

be at the sole risk and expense of the Merchant, and

neither the Ocean Carrier not its Vessel shall be deemed

to be the agent or principal of a prior or subsequent

carrier notwithstanding the issuance by the Ocean

Carrier of a Bill of Lading, receipt, or other shipping

document at a time or place prior to that at which the

Goods are received by the Ocean Carrier.

 

22. (Fire) The Ocean Carrier shall not be responsible for

any loss of or damage to the Goods arising from fire

occurring at any time, even though before loading

on or after discharge from the Vessel, unless caused

by the actual fault or privity of the Ocean Carrier.

 

23. (Lien) (A) The Ocean Carrier shall have a lien on the

Goods, which shall survive delivery, for all freight,

dead freight, demurrage, damages, loss, charges,

expenses, and any other sums (including costs, customs

fees, attorney fees, and other fees for recovering

the sums) chargeable to the Merchant under this Bill

of Lading and any preliminary contract for custody

or carriage of the Goods.  Ocean Carrier may foreclose

the lien by selling the Goods without notice to the

Merchant privately or by public auction.  If on sale

of the Goods the proceeds fail to cover the amount due

and the costs and fees incurred, the Ocean Carrier

shall be entitled to recover the deficit from the

Merchant.

 

23. (B) If the Goods are unclaimed during

a reasonable time, or whenever in the Ocean Carrier’s

opinion the Goods will become deteriorated, decayed

or worthless, the Ocean Carrier (without responsibility

to it) may at its discretion and subject to its lien,

sell, abandon, or otherwise dispose of such Goods at

the sole risk and expense of the Merchant.

 

24. (Freight and Charges) (A) Freight may be calculated on

the basis of the particulars of the Goods furnished by

the Merchant, who shall be deemed to have guaranteed

to the Ocean Carrier the accuracy of the contents,

weight, measure, or value as furnished by him at the

time of receipt of the Goods by the Ocean or Inland

Carrier, but the Ocean Carrier for the purpose of

ascertaining the actual particulars may at any time

and at the risk and expense of the Merchant open the

container or package and examine contents, weight,

measure, and value of the Goods.  In case of incorrect

declaration of the contents, weight, measure and or

value of the Goods, the Merchant shall be liable for

and bound to pay to the Ocean Carrier: (1) the balance

of freight between the freight charged and that which

would have been due had the correct details been given,

plus (2) expenses incurred in determining the correct

details, plus (3) as liquidated and ascertained

damages, an additional sum equal to the correct

freight.  (B) Full freight to the port of discharge or

place of delivery shall be considered as completely

earned on receipt of the Goods by the Ocean Carrier,

whether the freight be stated or intended to be

prepaid or to be collected at destination.  The

Ocean Carrier shall be entitled to all freight and

other charges due hereunder, whether actually paid

or not and to receive and retain such freight and

charges under any circumstances, whether the Vessel

and/or the Goods be lost or not, or the voyage be

broken up, frustrated, or abandoned at any stage of

the entire transit.  Full freight shall be paid on

damaged or unsound Goods.  (C) The Payment of freight

and/or charges shall be made in full and in cash

without any offset, counter claim, or deduction.

Where freight is payable at the port of discharge or

place of delivery, such freight and all other charges

shall be paid in the currency named in this Bill of

Lading, or, at Ocean Carrier’s option, in other

currency subject to the regulators of the freight

conference concerned, if any, or custom at the place

 

 

of payment.

 

24. (D) Goods once received

by the Ocean Carrier cannot be taken away or disposed

of by the Merchant except upon the Ocean Carrier’s

consent and after payment of full freight and

compensation for any loss sustained by the Ocean

Carrier through such taking away or disposal.  (E) If

the Goods are not available when the Vessel is ready

to loan: (1) The Ocean Carrier is relieved of any

obligation to load such Goods and the Vessel may leave

the port without further notice.  (2) Unless the

unavailability arises in the course of combined

transport and is caused by the failure of an Inland

Carrier to perform its obligations under this Bill of

Lading, dead freight shall be paid by the Merchant.

(F) The Merchant shall be liable for and shall

indemnify the Ocean Carrier against: (1) all dues,

duties, taxes, consular fees, and other charges levied

on the Goods, and (2) all fines, damages and losses

sustained by the Ocean Carrier in connection with

Goods, howsoever caused, including the Merchant’s

failure to comply with laws and regulations of any

public authority in connection with the Goods, or

failure to procure consular, Board of Health, or other

certificates to accompany the Goods.  The Merchant

shall be liable for return freight and charges on any

Goods refused exportation or importation by any

public authority.  (G) If the Ocean Carrier is of the

opinion that the Goods are in need of sorting,

inspecting, mending, repairing, or reconditioning, or

otherwise require protecting or caring for, the Ocean

Carrier at its discretion may, by itself or through

Subcontractors, and as agent for the Merchant, carry

out such work at the risk and expense of the Merchant.

(H) The shipper, consignor, consignee, owner of the

Goods and holder of this Bill of Lading shall be

jointly and severally liable to the Ocean Carrier for

the payment of all freight and charges and for the

performance of the obligations of any of them under

this Bill of Lading.

 

25. (Notice of Claim and Time for Suit against Ocean

Carrier) (A) Unless notice of loss or damage and the

general nature of such loss or damage be given in

writing to the Ocean Carrier at the port of discharge

or place of delivery before or at the time of delivery

of the Goods or, if the loss or damage is not apparent,

within 3 days after delivery, the Goods shall be

deemed to have been delivered as described in this

Bill of Lading.  (B) The Ocean Carrier shall be

discharged from all liability in respect of the Goods,

including without limitation non delivery, misdelivery,

delay, loss, or damage, unless suit has been brought

within one year after delivery of the Goods or the

date when the Goods should have been delivered.  Suit

shall not be considered to have been “brought” within

the time specified unless process shall have been

served and jurisdiction obtained over the Ocean

Carrier within such time.

 

26. (Limitation of Liability) (A) Subject to subpart (B)

below for the purpose of determining the extent of the

Ocean Carrier’s liability for loss of or damage to the

Goods, the Merchant agrees that the value of the Goods

is the Merchant’s net invoice cost, plus freight and

insurance premium, if paid.  The Ocean Carrier shall

not be liable for any loss or profit or any

consequential loss.  (B) Insofar as the loss of or

damage to or in connection with the Goods was

caused during the part of the custody or carriage to

which the applicable version of the Hague Rules

applies:  (1) The Ocean Carrier shall not be liable

for loss or damage in an amount exceeding the

minimum allowable per package or unit in the

applicable version of the Hague Rules, which when

U.S. COGSA is applicable is an amount not exceeding

U.S. $500 per package or customary freight unit,

unless the value (and nature) of Goods higher than

this amount has been declared in writing by the

Merchant before receipt of the Goods by the Ocean

Carrier and inserted on the face of this Bill of

Lading and extra freight has been paid as required.

If the actual value of the Goods per package or unit

exceeds such declared value, the value shall

nevertheless be deemed to be the declared value, and

the Ocean Carrier’s liability, if any, shall not exceed

the declared value.  Any partial loss or damage shall

be adjusted pro rata on the basis of such declared

value.  If the declared value has been willfully

misstated or is markedly higher than the actual value,

the Ocean Carrier shall not be liable to pay any

compensation.

 

26. Where the cargo has been packed into a container

unitized into a similar article of transport by or on

behalf of the Merchant, it is expressly agreed the

number of such containers or similar articles of

transport shown on the face of this Bill of Lading

shall be considered as the number of the packages or

units for the purpose of the application of the

limitation of liability provided for in this Article.

 

27. (General Average: New Jason Clause) (A) General average

shall be adjusted, stated and settled at any port or

place as the Ocean Carrier’s option and according to

the York-Antwerp Rules, 1994 and as to matters not

provided for by these Rules, according to the laws and

usages of the port or place of adjustment and in the

currency selected by the Ocean Carrier.  The general

average statement shall be prepared by the adjusters

appointed by the Ocean Carrier.  Average agreement

or bond and such cash deposit as the Ocean Carrier

may deem sufficient to cover the estimated

contribution of the Goods and any salvage and special

charges thereon and any other additional securities as

the Ocean carrier may require shall be furnished by the

Merchant to the Ocean Carrier before delivery of the

Goods.  (B) In the event of accident, danger, damage,

or disaster before or after commencement of the

voyage, resulting from any cause whatsoever, whether

due to negligence or not for which or for the

consequence of which the Ocean Carrier isn’t

responsible by statue, contract, or otherwise, the

Goods and the Merchant shall jointly and severally

contribute with the Ocean Carrier in general average

to the payment of any sacrifices, loss, or expenses

of a general average nature that may be made or

incurred, and shall pay salvage and special charges

incurred in respect of the Goods.  If a salvage ship

is owned or operated by the Ocean Carrier, salvage

shall be paid for as fully and in the same manner

as if such salvaging ship belonged to strangers.

 

28. (Both to Blame Collision) If the Vessel comes into

collision with another ship as a result of the

negligence of the other ship and any act, neglect, or

default of the Master, mariner, pilot, or servants of

the owner of the Vessel in the navigation or in the

management of the Vessel, the Merchant shall indemnify

the Ocean Carrier against all loss or liability which

might be incurred directly or indirectly to the other

or non-carrying ship or her owners insofar as such

loss or liability represents loss of or damage to his

Goods or any claim whatsoever of the Merchant paid or

payable by the other or non-carrying ship or her

owners to be Merchant and set-off, recouped, or

recovered by the other or non-carrying ship or her

owners as part of their claim against the carrying

Vessel or its owner.  The foregoing provisions shall

also apply where the owners, operators, or those in

charge of any ship or ships or objects other than,

or in addition to the colliding ships or objects are

at fault in respect of a collision contact stranding

or other accident.

 

29. (Carriage of Metal Products, Lumber, Cotton) (A) The

term “apparent good order and condition” when used in

this Bill of Lading does not mean: (1) with reference

to iron, steel, or metal products, that the Goods

when received were free from visible rust or moisture.

(2) with reference to lumber, timber, plywood, or

other wood products, that the Goods when received were

free from visible stains, discoloration, moisture,

shakes, holes, chaffed, breakage or splitting.  If

the Merchant so requests a substitute Bill of Lading

will be issued setting forth any notations as to the

foregoing that may appear on the mate’s or tally

clerk’s receipts or similar document.  (B) Description

of the condition of cotton cargo does not relate to

the sufficiency or not or condition of the covering

nor to any damage, resulting therefrom.  Ocean Carrier

shall not be responsible for any such damage.

 

30. (Grain) Discharge of grain received by the Ocean

Carrier in bulk may be in port, on barges, and or

lighters, or elsewhere, using or not using elevators,

and such discharge shall constitute a sufficient

delivery by the Carrier.  Thereafter said grain shall

be at the risk and expense of the Merchant.

 

31. (Intermodal Transportation) (A) This Bill of Lading may

be issued for Intermodal Transportation in any

country.  When so issued as between the Merchant and

an Inland Carrier custody and carriage of the Goods

by the Inland Carrier are subject to the relevant laws,

regulations, tariffs and Bill of Lading are available

from the Ocean or Inland Carrier upon request.

(B) Claims by the Merchant against an Inland Carrier

for loss or damage shall be given and suit commenced

as provided in the Inland Carrier’s applicable Bill

of Lading.

 

32. (Ocean Carrier’s Tariff) This Bill of Lading is subject

to the Ocean Carrier’s applicable tariff.  Copies of

the applicable tariff are obtainable from the Ocean

Carrier upon request.

 

33. (Severability of Terms) The terms of this Bill of

Lading are severable and if any part or term is

declared invalid or unenforceable, the validity or

enforceability, of any other part or term shall not

be affected.

 

34. (Himalaya Clause) All exceptions, exemptions, defenses,

immunities, limitations on liability, privileges and

conditions granted or provided by this Bill of Lading

or by applicable tariff or by statute or for the

benefit of the Carrier shall also apply to and for the

benefit of all the officers and employees of the

Carrier and the agents, officers and crew of the Vessel

and to and for the benefit of all parties performing

services in connection with the Goods as agents or

contractors of the Carrier (including, without

limitation, stevedores, terminal operators and agents)

and the employees of each them.