BILL OF LADING - TERMS AND CONDITIONS

1. DEFINITIONS: damage occurred and had received as evidence thereof any particular attempt to save life or property, adjust navigational instruments, make trial trips, go stay of execution, in the currency named in this Bill of Lading, or another currency at
"Vessel" means the intended Ocean Vessel named on the front hereof and any document must be issued in order to make such international convention or to repair yards, shift berths, take in fuel or stores, embark or disembark any persons Carrier's option. Interest at 12% shall run from the date when freight and charges
vessel, craft, lighter or other means of conveyance which is or shall be substituted in national law applicable, and, to tow or be towed, or to be dry-docked; permit the vessel to carry livestock, Goods are due. If the services of a freight forwarder are used for this transportation, those
whole or in part by the Carrier and also includes any other Vessels onto which (IV) where neither (I) or (II) above shall apply any liability or the Carrier shall be of all kinds, dangerous or otherwise, contraband, explosives, munitions or warlike services shall be deemed to be performed as agent of Merchant and payment of
Goods may be loaded for the purpose of being transported thereon in furtherance of determined by 5(C)(a) above. stores, and sail armed or unarmed. These liberties may be invoked by the Carrier freight to the freight forwarder is not payment to Carrier. Full freight shall be paid on
the carriage covered by this Bill of Lading or any part thereof. (without notice to the Merchant), either with or without the goods on board, for any damaged or unsound goods. In any referral for collection or action against Merchant
“Carrier” means International Freight Services, Inc., acting as a non-vessel C. DELAY, CONSEQUENTIAL LOSS: Except as otherwise provided herein, the purposes whatsoever, whether or not connected with the Carriage of the Goods. Any for monies due to Carrier, upon recovery by Carrier, Merchant shall pay the
operating common carrier, as defined under the Shipping Act of 1984, 46 App. Carrier shall in no circumstances be liable for direct, indirect or consequential loss or act involving delays resulting from such activities shall not be deemed a deviation of expenses of collection and litigation, including reasonable attorneys' fees.
U.S.C. § 1702(17)(B). damage by delay or any other cause whatsoever and howsoever caused. Without whatsoever nature or degree. B. The Merchant shall be liable for expenses of fumigation and of gathering and
"Merchant" includes the shipper, consignor, consignee, exporter, importer, the prejudice to the foregoing, if the Carrier is found liable for delay, liability shall be sorting loose cargo and of weighing on board and expenses incurred in repairing
holder of the Bill of Lading and/or the receiver or the owner of the Goods, a factor or limited to the freight applicable to the relevant stage of the transport. C. Conditions affecting Performance: damage to and replacing of packaging due to excepted causes and for all expenses
financial lender, any person entitled to possession of the Goods, any Person having caused by extra handling of the cargo for any of the aforementioned reasons.
a present or future interest or delivery of the Goods or any Person acting on behalf D. AD VALOREM DECLARED VALUE OF PACKAGES OR SHIPPING UNIT: The (1) Carrier shall use reasonable endeavors to complete transport and to deliver the C. Any dues, duties, taxes and charges, which under any denomination may be
of any of the above-mentioned Persons. Carrier’s liability may be increased to higher value by a declaration in writing of the goods at the place designated for delivery. If at any time the performance of this levied on any basis such as amount of freight, weight of cargo or tonnage of the
"Container" includes container, flat, pallet and any other receptacle for Goods value of the Goods by the Merchant upon delivery to the Carrier of the Goods for contract as evidenced by this Bill of Lading in the opinion of Carrier is or will be Vessel shall be paid by the Merchant.
(excluding a ship, a rail or road vehicle or an aircraft but including a trailer towed or shipment. Such higher value being inserted on the front of this Bill of Lading in the affected by any hindrance, risk, delay, injury, difficulty or disadvantage of any kind D. The Carrier shall be entitled to all freight and other Charges due hereunder,
intended to be towed by a road vehicle) supplied or intended to be supplied by or on space provided for and, if required by the Carrier, extra freight paid in such case. If including strike and if by virtue of the above it has rendered or is likely to render it in whether actually paid or not, and to receive and retain them irrevocably under any
behalf of the carrier or the carriage of cargo. the actual value of the Goods shall exceed such declared value, the value shall any way unsafe, impracticable, unlawful, or against the interest of Carrier to circumstances whatsoever, whether the vessel and/or goods be lost or not, or the
"Charges" includes freight, demurrage, and all expenses and monetary obligations nevertheless be deemed to be the declared value and the Carrier’s liability, if any, complete the performance of the contract, Carrier, whether or not the transport is voyage be broken up, or frustrated, or abandoned at any stage of the entire transit
incurred and payable by the Merchant. shall not exceed the declared value and any partial loss or damage shall be adjusted commenced, may without notice to Merchant elect to: period or whether Merchant has already made payment to the freight forwarder.
"Package" is the largest individual unit of partially or completely covered or pro rata on the basis of such declared value. i. treat the performance of this contract as terminated, abandon the Carriage of E. The Merchant shall be jointly and severally liable for all, and indemnify the Carrier
contained cargo made up by or for the Merchant which is delivered and entrusted to the Goods and place the goods, or any part of them, at Merchant's disposal at any against all dues, duties, fines, taxes and Charges, including consular fees levied on
Carrier, including palletized units and each container packed and sealed by the E. RUST, ETC: It is agreed that superficial rust, oxidation or any like condition due to place which the Carrier shall deem safe and convenient, whereupon the the goods or all fines and/or losses sustained or incurred by the Carrier in
Merchant or on its behalf, although the Merchant may have furnished a description moisture is not a condition of damage but is inherent to the nature of the Goods and responsibility of the Carrier in respect of such Goods shall cease; or connection with the goods however caused, including the procedure consular, board
of the contents of such sealed container(s) on this bill of lading. acknowledgement of receipt of the Goods in apparent good order and condition is ii. continue the Carriage and deliver the goods at the place of delivery. In any of health, or other certification to accompany the goods. Merchant shall be liable for
"Place of Receipt", "Intended Port of Loading", "Intended Port of Discharge" not a representation that such conditions of rust, oxidation or the like did not exist on event, Carrier shall be entitled to full freight for any goods received for transportation return freight and charges on the goods if they are refused export or import by any
and "In tended Place of Delivery", means respectively the place of receipt, port of receipt. and additional compensation for extra costs resulting from the circumstances government.
loading (ocean vessel), port of discharge (ocean vessel) and place of delivery referred to above. F. The Carrier is entitled, and Merchant is liable, in case of incorrect declaration of
nominated on the front hereof. F. NOTICE OF LOSS OR DAMAGE: The Carrier shall be deemed prima facie to contents, weight, measurements or value of the Goods, to claim double the correct
The term "Goods" means the whole or any part of the cargo described on the have delivered the Goods as described in this Bill of Lading unless notice of loss or (2) If, after storage, discharge, or any actions taken above, Carrier makes amount of freight which would have been due if such declaration had been correctly
fact of this Bill of Lading and, if the cargo is packed into container(s) supplied or damage to the Goods indicating the general nature of such loss or damage shall arrangements to store and/or forward the goods, it is agreed that he shall do so only given. For the purposes of ascertaining the actual facts, the Carrier reserves the
furnished by or on behalf of the Merchant, includes the container(s) as well. have been given in writing to the Carrier or to his representative at the place of as agent for and at the sole risk and expense of Merchant without any liability right to obtain from the Merchant the original invoice and to have the contents
delivery before or at the time of removal of the Goods into the custody of the person whatsoever in respect of such agency. Merchant shall reimburse Carrier forthwith inspected and the weight, measurement or value verified. Merchant will also be
2. CLAUSE PARAMOUNT: entitled to delivery thereof under this Bill of Lading or, if the loss or damage is not upon demand for all extra freight charges and expenses incurred for any actions liable for the expenses incurred in determining and ascertaining the correct details.
apparent within three consecutive days thereafter. taken according to sub-part 7C(1), including delay or expense to the Ship, and G. Merchants shall be jointly and severally liable to Carrier for demurrage, detention,
A. To and From non-United States Ports. As far as this Bill of Lading covers the Carrier shall have a lien upon the goods to that extent. general order, advances and any and all costs associated with the abandonment of
Carriage of Goods by sea to and from non-United States ports by the Carrier and 5. REFRIGERATED CARGO: Goods of a perishable nature shall be carried in the freight or a refusal of the consignee to make delivery whether or not the front of
any Participating Carrier, the Contract evidenced in this Bill of Lading shall have ordinary containers without special protection, services or other measures unless (3) The situations referred to in sub-part 7C(1) above shall include, but shall not this bill of lading has been marked "prepaid " or "collect " so long as freight and
effect subject to the Hague-Visby Rules, if and as enacted in the country of shipment there is noted on the reverse side of this Bill of Lading that the goods will be carried be limited to, those caused by the existence or apprehension of war declared or charges remain unpaid.
and any legislation making those Rules compulsorily applicable to this Bill of Lading in a refrigerated, heated, electrically ventilated or otherwise specially equipped undeclared, hostilities, riots, civil commotions, or other disturbances, closure of, H. Merchants shall jointly and severally indemnify Carrier for all claims, fines,
shall be deemed incorporated herein and made part of this Bill of Lading contract. container or are to receive special attention in any way. Carrier shall not be liable for obstacle in, or danger to any port or canal, blockade, prohibition, or restriction on penalties, damages, costs and other amounts which may be incurred or imposed
When no such enactment is in force in the country of shipment, the Hague-Visby any loss of or damage to Goods in a special hold or container arising from latent commerce or trading quarantine, sanitary, or other similar regulations or restrictions, upon Carrier by reason of any breach of Merchant of any of the provisions of this Bill
Rules will apply. The Hague-Visby Rules shall also govern before the Goods are defects, derangement, breakdown, or stoppage of the refrigeration ventilation or strikes, lockouts or other labor troubles whether partial or general and whether or not of Lading or of any statutory or regulatory requirements.
loaded on and after they are discharged from the vessel and throughout the entire heating machinery, insulation, ship's plant, or other such apparatus of the vessel or involving employees of Carrier or its Subcontractors, congestion of port, wharf, sea I. Merchant authorizes the Carrier to pay and/or incur all such Charges and
time the Goods are in the actual custody of the Carrier or Participating Carrier. The Container, provided that Carrier shall before or at the beginning of the Carriage terminal, or similar place, shortage, absence or obstacles of labor or facilities for expenses and to do any matters mentioned above at the expense of and as agent
Hague-Visby Rules shall also apply to the Carriage of Goods by inland waterways exercise due diligence to maintain the special hold or Container in an efficient state. loading, discharge, delivery, or other handling of the goods, epidemics or diseases, for the Merchant, to engage other Persons to regain possession of the Goods, and
and reference to carriage by sea in such Rules or legislation shall be deemed to Merchant undertakes not to tender for transportation any goods which require bad weather, shallow water, ice, landslip, or other obstacles in navigation or to do all things deemed advisable to the Carrier for payment of all Freight and
include reference to inland waterways. temperature control without previously giving written notice of their nature and the carriage. Charges and for the performance of the obligation of each of them hereunder.
required temperature setting of the thermostatic controls before receipt of the goods
B. To or From United States Ports. If the Carriage called for in this Bill of Lading is by Carrier. In the case of a temperature controlled Container stuffed by or on behalf (4) Carrier, in addition to all other liberties provided for in this Article, shall have 12. GENERAL AVERAGE: General Average shall be adjusted at New York, or any
a shipment to or from the United States, the liability of the Carrier shall be of the Merchant, Merchant further undertakes that the Container has been properly liberty to comply with orders, directions, regulations or suggestions as to navigation other port at Carrier's option, according to the York-Antwerp Rules of 1974. The
exclusively determined pursuant to COGSA; the Pomerene Act [49 U.S.C. §80101 pre-cooled, that the Goods have been properly stuffed in the Container, and that its or the carriage or handling of the goods or the ship howsoever given, by any actual General Average statement shall be prepared by adjusters appointed by Carrier.
et. seq.] for both export and import cargo moving to/from the United States; and thermostatic controls have been properly set by the Merchant before receipt of the or purported government or public authority, or by any committee or person having The Amended Jason Clause as approved by BIMCO is incorporated herein, and the
Article 7-301 of the Uniform Commercial Code. The provisions cited in the Hague Goods by the Carrier. Merchant's attention is drawn to the fact that refrigerated under the terms of any insurance on the Ship, the right to give such order, direction, Merchant shall provide such security as may be required by the Carrier in this
Rules and COGSA shall also govern before the Goods are loaded on and after they containers are not designed to freeze down cargo which has not been presented for regulation, or suggestion. If by reason of and/or in compliance with any such order, regard. Notwithstanding the above, the Merchant shall defend, indemnify and hold
are discharged from the Vessel and throughout the entire time the Goods are in the packing at or below its designated carrying temperature. Carrier shall not be direction, regulation, or suggestion, anything is done or is not done the same shall harmless the Carrier in respect of any claim, whether due to negligence or not, (and
actual custody of the Carrier or Participating Carrier. responsible for the consequences of cargo tendered at a higher temperature than be deemed to be included within the contractual carriage and shall not be a any expense rising therefrom) of a General Average nature which may be made
that required for the transportation. If the above requirements are not complied with, deviation. against the Carrier, and shall provide such security as may be required by the carrier
C. Other Applicable Laws. The Carrier shall be entitled to (and nothing in this Bill of Carrier shall not be liable for any loss of or damage to the goods whatsoever. . in this connection. If a salving vessel is owned or operated by Carrier, salvage shall
Lading shall operate to deprive or limit such entitlement) the full benefit of, and rights D. Variation of the Contract: Only Carrier's officers, directors, or agents with actual be paid for as fully as if the salving vessel or vessels belonged to strangers. The
to, all limitation of and exclusions from liability and all rights conferred or authorized 6. CARGO STOWED IN CONTAINERS BY MERCHANTS: The Carrier shall not be authority shall have power to waive, vary, alter, or modify any terms herein. Any Carrier shall be under no obligation to take any steps whatsoever to collect security
by any applicable law, statute or regulation of any country (including, but not limited responsible for the safe and proper stowing of cargo in containers if such containers changes must be agreed upon in writing by Carrier and Merchant. for General Average contributions due to the Merchant.
to, where applicable any provisions or sections 4281 to 4287, inclusive, of the Harter are loaded with cargo by Merchant, consolidator or inland carrier, and no
Act of the United States of America and amendments thereto and where applicable responsibility shall attach to the Carrier for any loss or damage caused to contents E. Stowage in Containers: Where the goods are not received by Carrier already in 13. LIEN: The Carrier shall have a general lien on all property (and documents
any provisions of the laws of the United States of America) and without prejudice to by shifting, overloading or improper packing of the container. Containers loaded by containers or the Carrier is instructed to provide a Container, in the absence of a relating thereto) of Merchant, in its possession, custody or control or en route, for all
the generality of the foregoing also any law, statute of regulation available to the the Merchant or their agent shall be properly sealed and the seal identification written request to the contrary, the Carrier is not under an obligation to provide a claims (including past due amounts) for charges, expenses or advances incurred by
Owner of the vessel on which the Goods are carried. reference, as well as the container reference, shall be shown herein. The merchant, Container of any particular type or quality. Goods may be stuffed by the Carrier and Carrier in connection with any shipments of Merchant. If such claim remains
consolidator or inland carrier shall inspect containers before loading them and may be stuffed with other Goods. Merchant shall be liable to Carrier for damage to unsatisfied for 30 days after demand for its payment is made, Carrier shall be
3. LIMITATION OF LIABILITY: Insofar as loss of or damage to or in connection with loading of the containers shall be prima facie evidence that the containers were Carrier's containers or equipment if such damage occurs while such equipment is in entitled to sell the goods privately or by auction, without prior notice to the Merchant,
the Goods is caused during the part of the custody or carriage, such compensation sound and suitable for use. Carrier has the right but not the obligation to open and control of Merchant or his agents. Merchant indemnifies Carrier for any damage or as may be necessary to satisfy such lien and the costs of recovery, and apply the
shall be calculated as follows: inspect the containers at any time without notice to Merchant, and expenses injury to persons or property caused by Carrier's containers or equipment during net proceeds of such sale to the payment of the amount due Carrier. Any surplus
resulting from such inspections shall be borne by Merchant. Merchant warrants that handling by or when in possession or control of Merchant. from such sale shall be transmitted to Merchant, and Merchant shall be liable for any
A. Where the Hague-Visby Rules apply hereunder by national law by virtue of clause the stowage and seals of the containers are safe and proper and suitable for deficiency in the sale.
2, the Carrier’s liability shall in no event exceed the amounts provided in the handling and carriage and indemnifies Carrier for any injury, loss or damage caused F. On Deck Storage: Containers, whether goods therein be stowed by the Carrier or
applicable national law. by breach of this warranty. The Carrier will not be liable in any event for the by the Merchant, and unit load machinery not containerized may be carried on or 14. WAREHOUSEMAN LIEN: If Goods go into demurrage, Carrier shall assume all
particulars furnished by the Merchant as shown on the face of this Bill of Lading. under deck without notice to the Merchants and if they are so carried, COGSA or the rights of a warehouseman, and this Bill of Lading shall constitute a warehouseman’s
B. Where Carriage includes Carriage to, from or through a port in the United States This Bill of Lading is a receipt only for the number of containers, packages or pieces Hague Rules incorporated herein shall be applicable notwithstanding carriage on or non-negotiable receipt. Goods will be delivered to the consignee or other Person(s)
of America and US COGSA applies by virtue of clauses 2, Carrier shall not in any as shown on the face of this Bill of Lading. The Carrier has counted only the number under deck and the Goods and/or containers shall contribute in General Average entitled to receipt of the goods upon payment of all past due and current charges. If
event be or become liable in an amount exceeding US$500 per Package or of containers (If container received already loaded) or the number of packages or whether carried on or under deck. Goods are not claimed within ten (10) days after demurrage commences, Carrier
customary freight unit. pieces (if the Carrier has loaded the container) and under no circumstances shall the may exercise its warehouseman’s right to sell or auction such Goods. Carrier may
C. Where the British International Freight Association (BIFA) rules apply by virtue of Bill of Lading be prima facie evidence of the marks, quantity, weight, description, G. Inspection of Goods: Upon cause, the Carrier or any person authorized by the assert a general lien for Charges and expenses in relation to other Goods, whether
clauses 2, Carrier’s compensation shall not exceed the limitation of liability of 2 SDR measurement and other particulars furnished by the Merchant. Delivery shall be Carrier shall be entitled, but under no obligation, to open and inspect the Goods in or not these Goods have been delivered by Carrier.
per kilo of the gross weight of any Goods lost or damaged by reference to the deemed as full and complete performance when the containers are delivered by any Container or package at any time.
invoice value of the Goods plus Freight and insurance if paid. If there is no invoice Carrier with the seals intact. 15. LAW AND JURISDICTION: Any claim or dispute arising under this Bill of Lading
value of the Goods or if any such invoice is not bona fide, such compensation shall The Merchant shall defend, indemnify and hold harmless the Carrier 8. GOVERNMENT DIRECTIONS, ETC.: The Carrier, Master and Vessel shall have shall be determined exclusively according to the laws of the United States and the
be calculated by reference to the value of such Goods at the place and time they are against any loss, damage, claim, liability, or expense whatsoever arising from one or liberty to comply with any orders or directions as to loading, departure, arrival, Merchant agrees that any suits against the Carrier shall be brought in the United
delivered or should have been delivered to the Merchant. The value of the Goods more of the following matters: loss or damage caused by the manner in which the routes, ports of call, stoppages, discharge, destination, delivery or otherwise, States District Court for the Southern District of New York, which shall have
shall be fixed according to the current market price, by reference to the normal value Container has been stuffed; loss or damage caused by the unsuitability of the Goods howsoever given by the government of any nation or department thereof or any exclusive jurisdiction. The Carrier shall be entitled to avail itself of all the terms and
of goods of the same kind and/or quality. for Carriage in Containers; loss or damage caused by the unsuitability or defective person acting or purporting to act with the authority of such government or of any conditions of onward carriers, including such carriers’ forum selection and limits of
conditions of the Container, provided that where the Container has been supplied by department thereof, or by any committee or person having, under the terms of war liability. Carrier reserves the right to bring suit against the Merchant for the collection
IF NO LIMITATION AMOUNT IS APPLICABLE UNDER ANY OF THE ABOVE or on behalf of the Carrier, this paragraph shall only apply if the unsuitability or risk insurance on the Vessel, the right to give such orders or directions shall be a of freight or other charges in any venue having jurisdiction over Merchant.
RULES OR LEGISLATION, THE LIMITATION SHALL BE US$500 PER PACKAGE defective condition would have been apparent upon reasonable inspection by the fulfillment of the contract voyage.
OR CUSTOMARY FREIGHT UNIT. Merchant at or prior to the time when the Container was stuffed; and loss or damage In addition to all other liberties herein, the Carrier shall have the right to
16. BOTH- TO-BLAME COLLISION CLAUSE:
if the Container is not sealed at the commencement of the Carriage except where withhold delivery of, reship to, deposit or discharge the goods at any place
4. CARRIER'S RESPONSIBILITY: If the vessel carrying the Goods (the carrying vessel) collides with any other vessel
the Carrier has agreed to seal the Container. whatsoever, surrender or dispose of the goods or permit inspection or other control
or object (the non-carrying vessel or object) due to the negligence of the non-
in accordance with any direction, condition or agreement imposed upon or extracted
A. PORT TO PORT SHIPMENT: Except as otherwise provided herein, the Carrier's carrying vessel or object, or their owner(s), charterer(s), or Person(s) responsible for
7. OPTIONS OF THE CARRIER: from the carrier by any government or department thereof or any person purporting
responsibility for Goods shall commence at the time when such Goods are received the non-carrying vessel or object, the Merchant undertakes to defend, indemnify,
to act with the authority or either of them, In any of the above circumstances, the
by the Carrier at the Port of Loading and shall terminate when such Goods are and hold harmless the Carrier against all claims, liability, costs, attorneys’ fees, and
A. Subcontracting: The Carrier shall be entitled to subcontract on any terms the Goods shall be solely at their risk and expense and all expenses and charges so
delivered by or on behalf of the Carrier at the intended Port of Discharge. other expense arising therefrom, in respect of any loss, damage, or claim
whole or any part of the handling, storage or carriage of the Goods and any and all incurred shall be payable by the cargo owner or consignee and shall be a lien on the
Notwithstanding the above where the Space(s) entitled "Place of Receipt" and/or whatsoever of the non-carrying vessel or object.
duties whatsoever undertaken by the Carrier in relation to the Goods. The Merchant goods.
"Place of Delivery" on the face hereof are completed, the contract contained in or shall defend, indemnify and hold harmless the Carrier against any claims, which may
evidenced by this Bill of Lading is for through transportation from and/or to the be made upon the Carrier by any servant, agent or subcontractor of the Carrier in 9. MERCHANTS RESPONSIBILITY: Merchants and their agents shall be jointly and 17. NOTICE OF CLAIM AND TIME BAR: Written notice of claims for loss of or
place(s) so named and the Carrier's responsibility shall then commence at the time relation to the claim against any such person made by the Merchant. The provisions severally liable to carrier for any loss or damage to containers or Goods while in their damage to the Goods occurring or presumed to have occurred while in the custody
when the Goods are delivered at the Place of Delivery so named (if any) and/or of COGSA or its applicable foreign equivalent at point of origin or destination shall possession or the possession of their agents. The Carrier shall not in any event be or control of Carrier must be given to Carrier at the port of discharge before or at the
terminate when the Goods are delivered at the Place of Delivery so named (if any). apply by agreement of the parties to all agents, contractors, and subcontractors, liable for any loss, delay, damage or injury to the Goods, or to other property or to time of removal of the Goods by one entitled to delivery. If such notice is not
The Merchant constitutes the Carrier as agent to enter into contracts on behalf of the including but not limited to, draymen, truckers, and stevedores, prior to the loading of any persons arising out of the use or handling of Carrier's containers by Merchant or provided, removal shall be prima facie evidence of delivery by the Carrier. If such
Merchant with other for transport, storage, handling or any other services in respect and after the unloading of the cargo. Without prejudice to the foregoing, every such their agent. Merchant shall defend, indemnify and hold the Carrier harmless from loss or damage is not apparent, Carrier must be given written notice within three (3)
of the Goods prior to loading and subsequent to discharge of the Goods from the servant, agent and subcontractor shall be entitled to the same rights, exceptions, and against any and all claims, loss, damage or fines on a container or the Goods days of delivery. In any event, the Carrier shall be discharged from any liability
vessel without responsibility for any act or omission whatsoever on the part of the exemptions, defenses, immunities, limitations of liability, privileges and conditions before delivery to the Carrier at the port of loading or between containers to the unless suit is brought in the United States District Court for the Southern District of
Carrier or others and the Carrier may as such agent, enter into contracts with other granted or provided by this Bill of Lading, tariff or statute, including but not limited to Carrier. If the goods are delivered in a container, the Merchant undertakes to return New York within twelve (12) months after delivery of the Goods, or the date when
on any terms whatsoever including terms less favorable than the terms in this Bill of the provisions of COGSA or its applicable foreign equivalent, to which Carrier is the container promptly to the Carrier in the same condition as when received from the Goods should have been delivered, unless such time bar is contrary to any
Lading. entitled and for the benefit of the Carrier as if such provisions were expressly for the Carrier. The Merchant warrants to the Carrier that the particulars relating to the compulsorily applicable international convention or law, which shall apply.
B. COMBINED TRANSPORT: Except as otherwise provided in this Bill of Lading, their benefit, and in entering into this contract the Carrier, to the extent of these Goods as set out overleaf have been checked by the Merchant on receipt of this Bill
the Carrier shall be liable for loss of or damage to the Goods occurring from the time provisions, does so not only on his Own behalf but also as agent and trustee for of Lading and that such particulars, and any other particulars furnished by or on 18. CARRIER'S TARIFF(S) AND TERMS AND CONDITIONS OF SERVICE:
that the Goods are taken into his charge until the time of delivery to the extent set such servants, agents and subcontractors. The above shall also apply to and for the behalf of the Merchant, are adequate and correct. The Merchant also warrants that The goods carried under this Bill of Lading are also subject to all the terms and
out below: benefit of the officers and employees of the Carrier and the agents, officers and crew the Goods are lawful goods and contain no contraband. If the Container is not conditions of the tariff(s) on file pursuant to the regulations of the United States
(1) Where the stage of Carriage where the loss or damage occurred cannot be of the vessel and to and for the benefit of all parties performing services in supplied by or on behalf of the Carrier, the Merchant further warrants that the Federal Maritime Commission or any other regulatory agency which governs a
proved: connection with the Goods as agents or contractors of the Carrier (including, without Container meets all ISO and/or other international safety standards and is fit in all particular portion of the carriage and the terms are incorporated herein as part of the
(I) The Carrier shall be entitled to rely upon all exclusions of liability under the limitation, stevedores, terminal operators, and agents) and the employees of each of respects for Carriage by the Carrier. The Merchant shall defend, indemnify and hold terms and conditions of this Bill of Lading. Copies of the Carrier's tariff(s) may be
rules or legislation that would have applied under 5(A)(a) above had the loss or them. By entering into this contract, the Carrier, to the extent of these provisions, harmless the Carrier for any injury, loss or damage, including fines arising from obtained from Carrier or its agents upon request or from the governmental body with
damage occurred at sea or, if there was no carriage by sea, under the Hague does so not only on his own behalf, but also as agent or trustee for such Persons Merchant’s failure to declare correctly herein any of the particulars furnished by him, whom the tariff has been filed. In the case of inconsistency between this Bill of
Rules (or COGSA). and vessels, and such Persons and vessels shall to this extent be deemed parties to including marks, quantity and description of the goods, weight and cubic Lading and the applicable tariff or the terms and conditions of service, this Bill of
(II) Where under (1) above, the Carrier is not liable in respect of some of the this contract. measurement of goods and the exact total gross weight of container (container fare Lading shall prevail.
factors causing the loss or damage, it shall only be liable to the extent that weight and cargo weight) and also for any kind of rerouting of the Goods at the
those factors for which it is liable have contributed to the loss or damage. B. Route and Tran-shipment: The Carrier may at anytime and without notice to the Merchant's request or for any other act, fault or neglect of the Merchant, his agent or
(III) Where the Hague Rules (or any legislation applying such rules or Hague-Visby his servants for which the Carrier may become liable. If the container is discharged 19. SEVERABILITY: If any provision in this Bill of Lading is held to be invalid or
Merchant, use any means of transport or storage in any reasonable manner and by unenforceable by any court or regulatory or self regulatory agency or body, such
Rules such as COGSA) is not compulsorily applicable the Carrier’s liability any reasonable means, methods and routes, including but not limited to, inland from the vessel with seals intact, the Carrier shall not be liable for any loss or
shall not exceed US $2.00 per kilo of the gross weight of the Goods lost, damage to contents of container unless it be proven that such loss or damage was invalidity or unenforceability shall attach only to such provision. The validity of the
carriage by truck, rail and/or air; load or carry the Goods on any vessel, whether remaining provisions shall not be affected thereby, and this Bill of Lading contract
damaged or in respect of which the claim arises or the value of such Goods, named on the front hereof or not; transfer the Goods from one conveyance to caused by the Carrier’s negligence.
whichever is the lesser. Merchant shall defend, indemnify and hold harmless the Carrier against any shall be carried out as is such invalid or unenforceable provisions were not
another, including transshipping or carrying the same on another vessel than that contained herein.
(IV) The value of the Goods shall be determined according to the commodity named on the front hereof or by any other means of transport whatsoever; at any loss or damage to the vessel or cargo or to any persons or property caused by
exchange price at the place and time of delivery to the Merchant or at the place place unpack and remove Goods which have been stuffed in or on a Container and inflammable, explosive or dangerous goods, shipped with out full disclosure of their
and time when they should have been so delivered, or, if there is no such price, forward the same in any manner whatsoever; proceed at any speed and by any nature, whether such Merchant be principal or agent and such Goods so shipped 20. SURRENDER AND NEGOTIABILITY OF BILL OF LADING: This Bill of Lading
according to the current market price be reference to the normal value of the route in Carrier’s discretion (whether or not the nearest, direct, customary, may be thrown overboard or destroyed at any time without compensation shall be non-negotiable unless made out “to order,” in which event it shall be
Goods of the same kind and quality, at such place and time. advertised, or published route) and proceed to or stay at any place whatsoever once negotiable and shall constitute title to the Goods and the holder in due course shall
(2) Where the stage of Carriage where the loss or damage occurred can be proved: or more often and in any order; load or unload the Goods from any conveyance at 10. WARRANTY: Merchant warrants that in agreeing to the terms hereof it or its be entitled to receive or to transfer the Goods herein described. If required by the
any place (whether or not the place is a port named on the front hereof as the agent has the authority of the person owning or entitled to the possession of the Carrier, the Bill of Lading, duly endorsed, must be surrendered to the agent of the
(I) The liability of the Carrier shall be determined by the provisions contained in intended Port of Loading or intended Port of Discharge); comply with any orders or Goods or any person who has a present or future interest in the Goods. Carrier at the port of discharge, in exchange for delivery order. This Bill of Lading
any international convention of national law of the country which provisions, recommendations given by any government, authority, or any Person or body acting shall be prima facie evidence of the Carrier’s receipt of the Goods as herein
(II) cannot be departed from by private contract to the detriment of the Merchant or purporting to act as or on behalf of such government or authority, or having under 11. FREIGHT AND CHARGES: described. However, proof to the contrary shall not be admissible when this Bill of
(III) would have applied if the Merchant had made a separate and direct contract the terms of the insurance on the conveyance employed by the Carrier, the right to A. Pre-paid freight, whether actually paid or not, shall be earned upon receipt. Lading has been negotiated or transferred for valuable consideration to a third party
with the Carrier in respect of the particular stage of Carriage where the loss or give orders or directions; permit the vessel to proceed with or without pilots, save or Payment shall be in full and in cash without any offset, counterclaim, deduction or acting in good faith.