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Hkga96317000 SWB

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41 views3 pages

Hkga96317000 SWB

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Khaled Fataka
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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NON-NEGOTIABLE COPY SEA WAYBILL

Shipper/Exporter(complete name and address) Booking No. B/L No. HDMU


SHENZHEN RICHPACK INDUSTRY CO.,LTD. HKGA96317000 HKGA96317000
ADD.:RM#1005 HUANGGEKENG GUFEN
BUILDING,LONGCHENG STREET, LONGGANG Export References
DISTRICT, SHENZHEN, GUANGDONG,
CHINA.*

Consignee(complete name and address) Forwarding Agent References


ATRAF AL KOFA GENERAL TRADING
LIMITED LIABILITY
EMAIL ADRESS:ATRAFALKOFA@GMAIL.COM
IRAQ, BASRA, NEAR BASRA HOTEL
MOBILE:+967764647447
Point and Country of Origin

Notify Party(complete name and address) Also Notify / Domestic Routing / Export Instructions
AL KHALID CO. FOR GENERAL TRADING
IRAQ -ERBIL-B.1/BRAYAT STREET/
B.0.X.: 44001
TEL:+9647504600595
+9647700452233**

Pre-Carriage by Place of Receipt * Port of Discharge


SHEKOU,SHENZHEN,CHINA UMM QASR, IRAQ
Ocean Vessel / Voyage / Flag Port of Loading Place of Delivery *
YM WEALTH V 0181W SHEKOU,SHENZHEN,CHINA UMM QASR, IRAQ
Onward Inland Routing (For the Merchants Ref.) For Transshipment to Final Destination(For the Merchants Ref.)

PARTICULARS FURNISHED BY SHIPPER


Container No./Seal No. No.of Containers Description of Packages and Goods Gross Weight Measurement
Marks and Numbers or Other Pkgs

"SHIPPER'S LOAD,COUNT,SEALED & WEIGHT S.T.C." 9,180.000 78.0000


GELATERIA 1 X 45' DC CONTAINER KGS CBM
1,354 CARTONS
PLASTIC LID
PLASTIC CUP
INVOICE NO.:RQ-L-WS-KHALID-3
*ZIP CODE 518100
**KHFATAKA@YAHOO.COM =FREIGHT PREPAID =
SIMA MARINE SERVICES IRAQ CY / CY
HOUSE # 148/43,AL JAZAER, LANE 27 QUARTER
305, AL BASRAH, IRAQ
TEL +964 40 617899

HMMU9055914 / 24H0595119 DC 45 CY / CY

Total Number of Containers or Packages( in words) ONE(1) CONTAINER ONLY

Freight & Charges Rate Unit Prepaid Collect


FREIGHT ALL AS ARRANGED

Rate Applicability Date : 2024-11-20

Declared Value 1.This Sea Waybill shall have effect subject to any
legislation that enacts the International Convention
(Optional ) :US $ for the Unification of Certain Rules Relating to Bills Total Charge
of Lading dated Brussels 25 August 1924 as
amended by the Protocol signed at Brussels on 23 February 1968 (“Hague-Visby Rules”), provided that such legislation is Number of Original B(s) / L On Board Date
compulsorily applicable in the country where this Sea Waybill is issued or goods are to be delivered, but if there is no such
compulsorily applicable legislation, the terms of the Hague-Visby Rules shall apply.
2. Notwithstanding the paragraph 1 hereof, if this Sea Waybill covers Goods moving to or from ports of the United States in
NIL NOV. 21, 2024
foreign trade, or if United States law is otherwise compulsorily applicable, then carriage of such Goods shall be subject to the
provisions of the United States Carriage of Goods by Sea Act, 1936, and any amendments thereto (hereinafter "U.S. (OBD:NOVEMBER TWENTY-FIRST, 2024)
COGSA"), the terms of which are incorporated in this Sea Waybill, and the provisions of U.S. COGSA shall govern prior to
loading on and subsequent to the discharge from the Vessel and throughout the time when the Goods are in the custody of the
Carrier or any Subcontractor including all stages of Intermodal Transportation.
Dated at HONG KONG NOV. 21,2024
3. This Sea Waybill is not a document of title and the Carrier is entitled to deliver goods without presentation of this Sea
Waybill. HMM CO., LTD. AS CARRIER
4. Subject to the foregoing paragraphs, all the terms and conditions, including but not limited to exceptions, defences and
liberties, of the Carrier's Standard Bill of lading, which will be made available upon request, shall be deemed to be
incorporated herein with logical amendments.

* Applicable only when this document is used as an intermodal transport Bill of Lading By

Page 1 of 3
HDMU
HKGA96317000
FAX +964 40 615412

Page 2 of 3
Received by the Carrier or Subcontractor from the Merchant in apparent good order and condition unless otherwise indicated, the Goods, or the containers or packages said to contain the Goods, to be carried subject to all the terms on the face and
back of this Bill of Lading, from the place of receipt or the port of loading to the port of discharge or place of delivery, there to be delivered. If required by the Carrier, this Bill of Lading duly endorsed must be surrendered in exchange for the Goods or
delivery order.

1. DEFINITION 11. CONTAINER PACKED BY MERCHANT 20. FIRE


When used in this Bill of Lading: If the cargo received by the Carrier or Subcontractor is in a container packed by or on behalf of the Merchant: The Carrier shall not be responsible for any Loss of or Damage to the Goods arising or resulting from
(A) “Carrier” means this Bill of Lading issuer, the Vessel, and the Vessel’s owners, charterers, (A)This Bill of Lading is evidence only of the receipt of the number of containers shown on the face of this Bill fire, even if such Loss of or Damage to the Goods occurs before loading or after discharge of the Goods
managers, and operators. of Lading. The condition and particulars of the contents are unknown to the Carrier, and the Carrier accepts from the Vessel and whether founded in contract or in tort, unless arising or resulting from willful
(B) “Goods” means the cargo described on the face of this Bill of Lading and, if the cargo is in a no responsibility for the accuracy of the description of the condition or particulars of the contents. intention or negligence of the Carrier.
container or containers supplied or furnished by or on behalf of the Merchant, includes the container or (B) The Merchant warrants:
containers as well. (1)that the stowage of the contents of the containers and the closing and sealing of the containers, are safe 21. GOVERNMENT ORDERS AND CONTINGENCIES
(C) “Multimodal Transportation” means carriage of the Goods by sea and land transportation under a and proper, and The Carrier shall have liberty to comply with any orders, directions or recommendations as to loading,
single Bill of Lading. (2) that the containers and their contents are suitable for handling and carriage in accordance with all terms departure, arrival, routes, ports of call, stoppages, discharge, destination, delivery or otherwise
(D) “Laden on Board” or similar words endorsed on this Bill of Lading means that the Goods have been of this Bill of Lading, including Article 14. If the Merchant breaches any of these warranties, the Merchant and howsoever given by any person acting or purporting to act with the authority of any government,
loaded on board the Vessel or are in the custody of the Carrier or Subcontractor at the port of loading; not the Carrier shall be responsible for any resulting loss or damage to persons or property (including but not international organization or any department thereof, or by any committee or person having, or
and, in the event of Multimodal Transportation if the originating carrier is a Subcontractor, means that limited to the Vessel and the Goods), and the Merchant shall indemnify and hold the Carrier harmless from purporting to have, under the terms of the insurance on the Vessel, the right to give such orders,
the Goods have been loaded on board rail cars or other means of inland carriage and are in the custody any resulting loss or damage to persons or property (including but not limited to the Vessel and the Goods). directions or recommendations. If by reason of or in compliance with, any such orders, directions or
of a Subcontractor. (C) The Merchant shall inspect each container before using it, and the Merchant represents that the recommendations the Vessel does not proceed to the port or ports originally designated, the Vessel may
(E) “Loss of or Damage to the Goods” includes allegations and/or claims for loss of or damage to the container is in sound and suitable condition for the transport contracted for in this Bill of Lading. The Carrier proceed to any other port which the Carrier or the Master of the Vessel at its discretion may select and
Goods or in connection with the Goods, and also includes allegations and/or claims for misdelivery, shall have no liability for Loss of or Damage to the Goods arising out of the unsuitability of the container if the there discharge the Goods. If in the opinion of the Carrier or the Master the performance of the transport
nondelivery, or economic loss due to delay. unsuitability would have been apparent upon reasonable inspection by the Merchant at or before the time of is or threatens to be unsafe, unlawful or inadvisable by the imminence or existence of war, warlike
(F) “Merchant” includes the shipper, consignor, consignee, owner, and receiver of the Goods, and the packing the container. operations or hostilities, the container may be devanned and/or the Goods may be discharged at the
holder of this Bill of Lading, all of whom shall be jointly and severally liable to the Carrier for the payment (D)If the container is delivered by the Carrier or Subcontractor with seal(s) intact, such delivery shall be port of loading or at any other port or place at the Carrier's or Master's discretion. If on account of actual
of all freight, demurrage, damages for detention, and for the performance of the obligations of any of deemed to be full and complete performance of the Carrier's obligations under this Bill of Lading, and the or threatening epidemics, quarantine, ice, strikes, lock-outs, labour troubles, interdict, congestion,
them under this Bill of Lading or any charter party described in the face of this Bill of Lading. Carrier shall not be liable for any Loss of or Damage to the Goods. difficulties and/or any Force Majeure Event beyond the control of the Carrier in loading or discharge the
(G) “Package” includes containers, vans, trailers, pallets, vehicles, and similar packaged units of any (E) The Carrier or Subcontractor shall have the right to open any container, whether packed by the Merchant Carrier or the Master at any time is in doubt as to whether the Vessel can safely and without delay or
description, but not Goods shipped in bulk. or not, and to inspect its contents, without notice to the Merchant, at such time and place as the Carrier or detention, reach, enter or leave the port of loading or reach or enter the port of discharge or there
(H) “Subcontractor” includes stevedores, longshoremen, lighterers, terminal operators, warehousemen, Subcontractor may deem necessary, and at the risk and expense of the Merchant. discharge in the usual manner, or proceed thence on the voyage safely or without delay or detention, the
truckers, railroads, agents, and any person, corporation or other legal entity that performs any of the (F) If any seal on a container is broken by Customs or other authority for inspection of its contents, the container may be devanned and/or the Goods may be discharged at the port of loading or at any other
Carrier’s obligations under this Bill of Lading (whether or not in direct privity of contract with the Carrier), Carrier shall not be liable for any resulting Loss of or Damage to the Goods, or any expense. port or place at the Carrier or Master's discretion. In the cases referred to above in this Article 21, the
and includes the Subcontractor’s own Subcontractor(s). (G)When a container is stuffed and sealed by the Merchant prior to delivery to and receipt by Carrier or Carrier may at any time postpone the carriage of any part of the Goods contracted for herein till some
(I) “Vessel” includes the vessel on the face of this Bill of Lading and any ship, barge, feeder vessel or Subcontractor, all statements on this Bill of Lading relating to the contents of the containers, including marks later date or cancel in whole or in part the contract whether before or after this Bill of Lading is issued.
other means of transport that is substituted, in whole or in part, for that vessel. and numbers, number and kind of packages, description, quantity, quality, weight, measure, nature, kind, The discharge of the Goods and/or their delivery or other disposition pursuant to any provision of this
value or any other particulars are furnished by the Merchant and have not been checked by the Carrier or Article 21 shall constitute complete delivery and performance under this contract and the Carrier shall be
2. CLAUSE PARAMOUNT Subcontractor. The Carrier and Subcontractor do not have facilities to weigh sealed containers at the load freed from any further responsibility. In the event of any diversion, delay or detention of the Vessel under
(A) Except as provided in (B) below, the international Convention for the Unification of Certain Rules of port and has neither inspected the contents of, nor weighed the containers. Any reference in this Bill of such circumstances as provided in this Article 21 and/or any services rendered to the Goods hereunder,
Law relating to Bills of Lading signed at Brussels on 24 August 1924 (“the Hague Rules”) as amended Lading to Shipped on Board or Clean on Board relates solely to the containers and not to the contents the Carrier shall be entitled to a reasonable extra compensation and shall have a lien on the Goods for
by the Protocol signed at Brussels on 23 February 1968 (“the Hague-Visby Rules”) and as enacted in thereof. such charges.
the country of shipment shall apply to this Bill of Lading. When the Hague-Visby Rules are not enacted
in the country of shipment, the corresponding legislation of the country of destination shall apply. When 12. SPECIAL CARRIAGE OR CONTAINER 22. LIEN ON GOODS
there is no enactment of the Hague-Visby Rules in the country of shipment and destination, the Hague- (A) The Carrier does not undertake to carry or store the Goods in refrigerated, heated, insulated, ventilated, (A) The Carrier shall have a lien on the Goods, any documents relating thereto, or any other cargo or
Visby Rules shall apply to this Bill of Lading. The Protocol signed at Brussels on 21 December 1979 or any other special hold or container or to carry or store any special container packed by or on behalf of the property of the Merchant within the Carrier’s custody or control for all freight, deadfreight, demurrage,
(“the SDR Protocol 1979”) shall apply where the Hague-Visby Rules apply, whether mandatorily or by Merchant, and the Carrier will treat such Goods or container only as ordinary Goods or dry container unless: damages for detention, general average contributions, stevedoring charges, storage, container per diem
this Contract. (1)special arrangements for the carriage or storage of such Goods or container have been agreed to in expenses, and any other sums whatsoever (including costs and attorney fees for recovering the sums)
(B) If this Bill of Lading covers Goods moving to or from ports of the United States in foreign trade, or if writing between the Carrier and the Merchant, chargeable to the Merchant under this or any other Bill of Lading or any contracts related thereto. The
United States law is otherwise compulsorily applicable, then carriage of such Goods shall be subject to (2)such special arrangements are noted on the face of this Bill of Lading, and Carrier may foreclose the lien by selling the Goods, without notice to the Merchant, where applicable,
the provisions of the United States Carriage of Goods by Sea Act, 1936, and any amendments thereto (3)special freight as required has been paid privately or by public auction. If proceeds of the sale of the Goods fail to cover the amount due and the
(hereinafter “U.S. COGSA”), the terms of which are incorporated in this Bill of Lading, and the provisions (B) The Carrier shall not be liable for any Loss of or Damage to the Goods in a special hold, or in a special costs and fees incurred, the Carrier shall be entitled to recover the deficit from the Merchant.
of U.S. COGSA shall govern prior to loading on and subsequent to the container supplied by the Carrier, arising from latent defects, breakdown, or stoppage of the refrigerating or (B) At the Carrier’s sole discretion if the Goods are unclaimed for a reasonable time beyond its free time
discharge from the Vessel and throughout the time when the Goods are in the custody of the Carrier or heating machinery, insulation, ship's plant, or other such apparatus of the Vessel or container, provided that allowance, or whenever in the Carrier's opinion the Goods will deteriorate or depreciate, the Carrier may
any Subcontractor including all stages of Multimodal Transportation. the Carrier before and at the beginning of the transport has exercised due diligence to maintain the special at its discretion exercise its lien or sell, abandon, or otherwise dispose of such Goods at the risk and
hold or container. expense of the Merchant.
3. EXEMPTIONS; DEFENSES (C) The Carrier shall not be responsible for the function of a special container supplied by or on behalf of the
(A) Nothing in this Bill of Lading shall limit or deprive the Carrier of any rights, defenses, exemptions, Merchant. 23. FREIGHT AND CHARGE
limitations, conditions, immunities, liberties or statutory protections authorized by the applicable laws, (D) If the Goods have been packed into a refrigerated container by the Carrier or Subcontractor, and the (A) Freight may be calculated on the basis of the description of particulars furnished by the Merchant,
statutes, or regulations of any country. particular temperature range requested by the Merchant is inserted on this Bill of Lading, the Carrier or who shall be deemed to have guaranteed to the Carrier the accuracy of the contents, quantity, weight,
(B) The rights, defenses, exemptions, limitations, conditions, immunities, liberties and statutory Subcontractor will set the thermostatic controls within the requested temperature range but does not measure, value, and other particulars as furnished at the time of receipt of the Goods by the Carrier or
protections provided in or incorporated in this Bill of Lading, governing law, and any relevant charter guarantee the maintenance of such temperature inside the container. Subcontractor, but the Carrier, for the purpose of ascertaining the actual particulars, may open the
party shall apply in any action against the Carrier, whether the action is founded in contract, in tort, or (E) If the cargo received by the Carrier or Subcontractor is in a refrigerated container packed by or on behalf container or package at any time and at the risk and expense of the Merchant. In case of incorrect
otherwise. of the Merchant, it is the obligation of the Merchant to properly stow the contents and set the thermostatic declaration of any particular, the Merchant shall be liable to the Carrier for:
controls and vents. The Carrier shall not be liable for any Loss of or Damage to the Goods resulting from the (1) the balance of freight between the freight charged and that which would have been due had the
4. SUBCONTRACTING; RIGHTS, AND DEFENSES OF SUBCONTRACTORS Merchant's failure in such obligation, and the Carrier does not guarantee the maintenance of the intended correct particular been given, plus
(A) The Carrier shall be entitled to subcontract on any terms the whole or any part of the loading, temperature inside the container. (2) expenses incurred in determining the correct particular, plus
discharge, handling, storage, stowage, carriage, custody or care of the Goods, including all stages of (3) as liquidated and ascertained damages, an additional sum equal to the correct freight.
Multimodal Transportation, and any duty undertaken by the Carrier in relation to the Goods. 13. DANGEROUS GOODS, CONTRABAND AND ANTI-DRUG (B) Full freight to the place of delivery shall be completely earned upon loading of the Goods, whether
(B) If any claim is made by the Merchant against any Subcontractor, the Subcontractor and the agents (A) The Carrier will carry Goods of an explosive, inflammable, radioactive, corrosive, damaging, poisonous, the freight is stated or intended to be prepaid or to be collected at destination. The Carrier shall be
of each shall have the benefit of all rights, defenses, exemptions, limitations, conditions, immunities, or dangerous nature only upon the Carrier's approval of a written application by the Merchant prior to the entitled to all freight and other charges due hereunder, whether actually paid or not, and to receive and
liberties and statutory protections in this Bill of Lading benefiting the Carrier as if the provisions were carriage of such Goods. Such application must accurately state the name, nature, character and retain such freight and charges regardless whether the Vessel or the Goods be lost, or whether the
expressly for the benefit of the Subcontractor to the fullest extent permitted by the law applicable to classification of the Goods, as well as how they are dangerous and the method of rendering them innocuous, Carrier takes any of the liberties allowed in this Bill of Lading. Full freight shall be paid on damaged or
Himalaya Clauses. together with the full names and addresses of the shipper and the consignee. unsound Goods.
(B) The Merchant shall distinctly and permanently mark the nature and danger of such Goods on the outside (C) The payment of freight and charges shall be made in full and in cash without any offset or deduction.
5. RESPONSIBILITY FOR LOSS OR DEMAGE of the package or container containing the Goods. (D) Goods received by the Carrier or Subcontractor cannot be taken away or disposed of by the
(A) Insofar as this Bill of Lading is used for Port-to-Port transportation of the Goods, the Carrier shall not (C) The Merchant shall submit all documents or certificates in connection with such Goods required by any Merchant except upon the Carrier's consent and after payment of full freight and charges due under this
be liable for Loss of or Damage to the Goods caused before loading or after discharge of the Goods applicable statute or regulation, or by the Carrier. Bill of Lading.
from the Vessel. Any indication of final destination on the face of this Bill of Lading is solely for the (D) Whenever it is discovered that the Goods have been received by the Carrier or Subcontractor without (E) If the Goods are not available when the Vessel is ready to load, and unless it is caused by the failure
Merchant's reference, and the Carrier's responsibility for the Goods shall cease at the time of discharge compliance with Articles 13(A), (B) or (C) above, or the Goods are found to be contraband or prohibited by of the Carrier to perform its obligations under this Bill of Lading, dead freight shall be paid by the
at the port of discharge. The Carrier, in making arrangements for transportation, storage, or handling any law or regulation, the Carrier shall be entitled to have such Goods rendered innocuous, thrown Merchant.
before loading or after discharge, acts only as the Merchant's agent and assumes no responsibility overboard, discharged, or otherwise disposed of, at the Carrier's discretion and without compensation to the (F) The Merchant shall be liable for and shall indemnify the Carrier against: (1) all duties, taxes, consular
therefor. Pre-carriage and on-carriage of the Goods are at the risk and expense of the Merchant. Merchant, and the Merchant shall be liable for and shall indemnify the Carrier against any loss, damage, or fees, and other charges levied on the Goods, and (2) all fines, damages, and losses sustained by the
(B) The provisions (including, but not limited to, all rights, defenses, exemptions, limitations, conditions, liability including loss of freight, and any other expense directly or indirectly arising out of the custody or Carrier in connection with the Goods, including the Merchant's failure to comply with laws and
immunities, liberties and statutory protections) of the Hague-Visby Rules or U.S. COGSA, whichever carriage of such Goods. regulations of any public authority in connection with the Goods, or failure to procure consular, board of
one is applicable as provided for in Articles 2(A) or (B) above, shall govern at all stages of transport (E) The Carrier may exercise the rights conferred upon it under this Article 13(D) whenever Goods received health, or other certificates to accompany the Goods. The Merchant shall be liable for return freight and
including prior to loading on and subsequent to discharge from the Vessel and throughout the entire in compliance with Articles 13(A), (B), and (C) above have become dangerous, even if not dangerous when charges on any Goods refused exportation or importation by any public authority.
time the Goods are in the custody of Carrier or any Subcontractor, including all stages of Multimodal received by the Carrier or Subcontractor (G) If in the Carrier's or Subcontractor’s opinion the Goods are in need of sorting, inspecting, mending,
Transportation. (F) The Carrier shall not be liable for, and the Merchant shall indemnify, defend and hold the Carrier repairing, or reconditioning, or otherwise require protecting or caring for, the Carrier or Subcontractor at
(C) The Carrier does not undertake that the Goods will arrive at any particular time or in time to meet harmless from any death of or injuries to persons or loss of or damage to the vessel, cargo or other property its discretion may, as agent for the Merchant, carry out such work at the risk and expense of the
any particular market or use, and the Carrier shall not be liable for any direct or indirect Loss of or which may arise from the dangerous nature of the Goods. Merchant.
Damage to the Goods that is caused through delay. (G) In pursuance of the provisions of the U.S. Anti-Drug Abuse Act 1986, or any re-enactment thereof, the (H) Any party performing forwarding services with respect to the Goods shall be considered to be the
(D) The Carrier shall not be responsible for any Loss of or Damage to the Goods directly or indirectly Carrier warrants that it will exercise the highest degree of care and diligence in preventing unmanifested agent of the Merchant exclusively, and any payment of freight or charges to such party shall not be
caused by or arising from strikes, lock-outs, labour disturbances, trade disputes and/or any Force narcotic drugs and marijuana being loaded or concealed on board the Vessel. The Merchant shall remain considered to be payment to the Carrier.
Majeure Event which is beyond control of Carrier, or anything done in contemplation or furtherance responsible for and indemnify the Carrier against all time lost and all expenses incurred, including fines, in (I) The Merchant shall be liable for Carrier’s attorney fees, expenses and costs to collect any freight or
thereof, whether the Carrier is a party thereto or not. the event that unmanifested narcotic drugs and/or marijuana are found in the possession or effects of cargo charges under this Article 23.
or package. (J) The Merchant shall be responsible for any additional war risks premium arising from the vessel's call
6. ROUTE OF TRANSPORT; TRANSSHIPMENT; FORWARDING at the named discharge port herein and such additional premium shall constitute a charge due
(A) At the Carrier's discretion and without notice to the Merchant, the Goods may be carried as a single 14. STOWAGE UNDER AND ON DECK hereunder against the Goods pursuant to this Article 23.
shipment or as several shipments, by the Vessel named in this Bill of Lading or by any other means of (A) Goods in containers or vans, or on trailers or chassis, may be carried under deck or on deck. When such
transport by land, water, or air, whether or not owned or operated by the Carrier, and by any route, Goods are carried on deck the Carrier shall not be required to mark any statement of "on deck stowage" on 24. NOTICE OF LOSS OF OR DAMAGE TO THE GOODS AND TIME FOR SUIT AGAINST CARRIER
whether or not such route is the direct, advertised, or customary route. the face of this Bill of Lading, any custom to the contrary notwithstanding. Such on deck carriage shall not be (A) Unless notice of Loss of or Damage to the Goods and the general nature of such loss or damage is
(B) The Carrier or Subcontractor may discharge the Goods or any part of them at any port or place for considered a deviation. given in writing to the Carrier at the port of discharge or place of delivery before or at the time of delivery
transshipment, store them afloat or ashore, and forward them by any means of transport. (B) Goods stowed in poop, forecastle, deck house, shelter deck, passenger space, or any other covered-in of the Goods or, if the loss or damage is not apparent, within 3 days after delivery, the Goods shall be
(C) If the Goods cannot be found at the port of discharge or place of delivery, or if they be miscarried, space, or stowed in a container wherever placed, shall be deemed to be stowed under deck for all purposes deemed to have been delivered as described on the face of this Bill of Lading.
when found they may be forwarded to their intended port of discharge or place of delivery, but the including general average. (B) The Carrier shall be discharged from all liability in respect of the Goods, including, but not limited to,
Carrier shall not be liable for any Loss of or Damage to the Goods arising from such forwarding. (C) Lumber, earth moving equipment, and all other Goods customarily or reasonably carried on deck may at liability for Loss of or Damage to the Goods, unless suit is brought within one year after delivery of the
(D) At the Carrier's option, and without notice to the Merchant, another ship or ships may be substituted the Carrier's option be carried on deck without notice to the Merchant and without liability of the Carrier for Goods or the date when the Goods should have been delivered.
for the Vessel named in this Bill of Lading whether or not the substituted ship or ships is owned or the risks inherent in or incident to such carriage. When such Goods are carried on deck the Carrier shall not
operated by the Carrier or arrives or departs before or after the Vessel named in this Bill of Lading. be required to mark any statement of "on deck stowage" on the face of this Bill of Lading, any custom to the 25. LIMITATION OF LIABILITY
(E) Actions the Carrier takes under this Article 6 shall be deemed to be included within the contractual contrary notwithstanding. Such on deck carriage shall not be considered a deviation. (A) All provisions in this Article 25 apply irrespective of the stage of ocean or inland transport where the
carriage and such actions, or consequences resulting therefrom, shall not be considered a deviation. (D) In respect of Goods (except in containers) carried on deck and stated on this Bill of Lading to be so Loss of or Damage to the Goods occurred, including prior to loading on and subsequent to discharge
Should the Carrier be held liable in respect of such action, the Carrier shall be entitled to the full benefit carried, all risks of loss or damage from perils inherent in or incident to the custody or carriage of such Goods from the Vessel and throughout the entire time the Goods are in the custody of Carrier or any
of all rights, defenses, exemptions, limitations, conditions, immunities, liberties and statutory protections on deck, including but not limited to Loss of or Damage to the Goods, shall be borne by the Merchant, Subcontractor, including all stages of Multimodal Transportation.
contained in this Bill of Lading. whether or not caused by the Carrier’s negligence or the Vessel’s unseaworthiness and in all other respects (B) Subject to Articles 25(C), (D) and (E) below, for the purpose of determining the extent of the Carrier's
the Carrier shall have the benefit of the provisions of the Hague-Visby Rules or U.S. COGSA, whichever one liability for Loss of or Damage to the Goods, the Merchant agrees that the sound value of the Goods is
7. LIBERTIES is applicable as provided for in Articles 2(A) or (B) above, and the terms of this Bill of Lading. the Merchant's net invoice cost, plus freight and insurance premium, if paid. The Carrier shall not be
(A) In any situation, whether or not existing or anticipated before commencement of the transport, which liable for any loss of profit or any consequential loss.
in the judgment of the Carrier or Subcontractor (including but not limited to the Master and any person 15. LIVE ANIMALS AND PLANTS (C) Unless the value and nature of the Goods have been declared in writing by the Merchant before
charged with the transport or safekeeping of the Goods) has given or is likely to give rise to Loss of or With respect to the custody and carriage of live animals and plants, all risks of loss or damage from perils shipment and inserted in the Bill of Lading and extra freight has been paid as required by tariff or
Damage to the Goods, danger, personal injury or death, or delay to the Vessel or any property, or has inherent in or incident to such carriage shall be borne by the Merchant, and in all other respects the Carrier contract, the Carrier shall not be liable for Loss of or Damage to the Goods in an amount exceeding the
made or is likely to make it unsafe, impracticable, unlawful, or against the interest of the Carrier or the shall have the benefit of the provisions of the applicable Hague-Visby Rules or U.S. COGSA, whichever one following per package or unit limit of liability: (1) For shipments, including Multimodal shipments,
Merchant to commence the transport, to continue the transport, to discharge the Goods at the port of is applicable as provided for in Articles 2(A) or (B) above, and the terms of this Bill of Lading. involving carriage of the Goods to or from a U.S. port, the limit of liability is US$500 per package, or in
discharge, or to deliver the Goods at the place of delivery, the Carrier or Subcontractor shall be entitled: case of Goods not shipped in packages, US$500 per customary freight unit; or (2) For all other
(1) to unpack the containers or otherwise dispose of the Goods in such manner as the Carrier may 16. VALUABLE GOODS shipments (and/or in any case where a court should rule that the US$500 limit of liability per package or
consider advisable, at the risk and expense of the Merchant, and The Carrier shall not be liable for Loss of or Damage to or in connection with precious metals or stones, customary freight unit in this Article 25(C)(1) is not enforceable) the limit of liability is the higher of 2 SDR
(2) before the Goods are loaded on the Vessel or other means of transport, to cancel the contract of chemicals, jewelry, currency, writings, negotiable instruments, securities, documents, works of art, heirlooms, (or equivalent in local currency) per kilogram of gross weight of the Goods or 666.67 SDR (or equivalent
carriage without compensation and to require the Merchant to take custody of the Goods and, upon the or any other valuable Goods, including Goods having particular value only for the Merchant, unless the in local currency) per package or unit.
Merchant’s failure to do so, to store the Goods at a place selected by the Carrier, at the risk and Merchant has declared the nature and value of the Goods in writing before receipt of the Goods by the (D) If a Declared Value has been inserted on the front of the Bill of Lading and extra freight has been
expense of the Merchant, and Carrier or Subcontractor, the nature and value of the Goods have been inserted on the face of this Bill of paid as required by tariff or contract but the actual value of the Goods per package or unit exceeds such
(3) if the Goods are at a place awaiting transshipment, to terminate the transport there and to store the Lading, and additional freight has been paid as required. Declared Value, the value shall nevertheless be deemed to be the Declared Value, and the Carrier’s
Goods at a place selected by the Carrier or Subcontractor, at the risk and expense of the Merchant, and liability, if any, shall not exceed the Declared Value. Any partial Loss of or Damage to the Goods shall be
(4) if the Goods are on the Vessel or other means of transport, to discharge the Goods or any part of 17. HEAVY LIFT adjusted pro rata on the basis of such Declared Value. If the Declared Value or nature has been
them at a port or place selected by the Carrier or Subcontractor, or to carry them back to the port of (A)The weight of a single piece or package exceeding 2,240 lbs. (one metric ton) gross must be declared by knowingly misstated, the Carrier shall not be liable to pay any amount.
loading or place of receipt and there discharge, at the risk and expense of the Merchant. After any the Merchant in writing before receipt by the Carrier or Subcontractor and must be marked clearly and (E) Where the Goods have been packed into a container or unitized into a similar article of transport by
action taken according to this Article 7(A), the Carrier shall be free from any responsibility for further durably on the outside of the piece or package. or on behalf of the Merchant, it is expressly agreed that the number of such containers or similar articles
custody or carriage of the Goods. (B) If the Merchant fails in his obligations under this Article 17(A): (1) the Carrier shall not be responsible for of transport shall be considered to be the number of packages or units for the purpose of the application
(B) If after any action taken according to Article 7(A) above the Carrier or Subcontractor makes any Loss of or Damage to the Goods, (2) the Merchant shall be liable for resulting loss of or damage to any of the limitation of liability provided for in this Article 25.
arrangements to store, transship, or forward the Goods, it shall do so only as agent for and at the risk person or property, and (3) the Merchant shall indemnify the Carrier against any resulting loss, damage, or
and expense of the Merchant, without any liability in respect of such agency. The Merchant shall liability suffered by the Carrier. 26. GENERAL AVERAGE ; NEW JASON CLAUSE
reimburse the Carrier forthwith upon demand for all extra freight, charges, and expenses incurred for (A) General average shall be adjusted, stated, and settled at the port or place of the Carrier's option and
any actions taken according to Article 7(A), including delay or expense to the Vessel, and the Carrier 18. DELIVERY BY MARKS according to the York-Antwerp Rules, 1994 and, as to matters not provided for by those Rules,
shall have a lien upon the Goods to that extent. (A)The Carrier shall not be liable for failure to deliver in accordance with marks unless such marks clearly according to the laws and usages of the port or place of adjustment, and in the currency selected by the
(C) The situations referred to in Article 7(A) above shall include, but shall not be limited to, those caused and durably show upon the Goods, package, or container when the Goods are received by the Carrier or Carrier. The general average statement shall be prepared by the adjusters appointed by the Carrier.
by the existence or apprehension of war, hostilities, riots, civil commotions, or other disturbances; Subcontractor, together with the names of the port of discharge and place of delivery. Average agreement or bond and such cash deposit as the Carrier may deem sufficient to cover the
closure of, obstacle in, or danger to any port or seaway; blockage, prohibition, or restriction on (B) The Merchant warrants that the marks on the Goods, packages, and containers correspond to the marks estimated contribution of the Goods and any salvage and special charges thereon, and any other
commerce or trading; quarantine, sanitary, or other similar regulations or restrictions; strikes, lockouts, shown on this Bill of Lading and also in all respects comply with all laws and regulations in force at the port of additional securities as the Carrier may require, shall be furnished by the Merchant to the Carrier before
or other labour troubles whether partial or general and whether or not involving employees of the Carrier discharge or place of delivery. The Merchant shall indemnify the Carrier against all loss, damage or delivery of the Goods.
or Subcontractor; congestion of port, wharf, sea terminal, or similar place; shortage, absence, or expenses resulting from inaccuracy or incompleteness of the marks. (B) In the event of accident, danger, damage, or disaster before or after commencement of the voyage,
obstacles of labour or facilities for loading, discharge, delivery, or other handling of the Goods; (C) Goods that cannot be identified as to marks or numbers, cargo sweepings, liquid residue, and any resulting from any cause, whether due to negligence or not, for which or for the consequences of which
epidemics or diseases; bad weather, shallow water, ice, landslip, or other obstacles to navigation or unclaimed Goods not otherwise accounted for may be allocated for the purpose of completing delivery to the the Carrier is not responsible by statute, contract, or otherwise, the Goods and the Merchant shall jointly
carriage. various Merchants of Goods of like character in proportion to any apparent shortage, loss of weight, or and severally contribute with the Carrier in general average to the payment of any sacrifices, loss, or
(D) The Vessel shall have liberty to call at any port or place, whether in or out of the direct, advertised, damage. expenses of a general average nature that may be or incurred, and shall pay salvage and special
or customary route, once or more often and in any order, and to omit calling at any port or place, charges incurred in respect of the Goods. If a salving ship is owned or operated by the Carrier, salvage
whether scheduled or not. 19. DELIVERY shall be paid for as fully and in the same manner as if such salving ship belonged to strangers.
(E) The Vessel shall have liberty, either with or without the Goods on board and either before or after (A) Loading shall take place as fast as the Vessel is able to load, by day and- if required by the Carrier- also
proceeding toward the port of discharge, to adjust compasses and other navigational instruments, make by night, Sundays and holidays. If Goods contracted for shipment are not available, when the Vessel is ready 27. BOTH TO BLAME COLLISION
trial trips or tests, drydock whether laden or not, go to repair yards, shift berths, take on fuel or stores at to load, the Carrier is relieved of any obligation to load such Goods, and the Vessel may leave the port If the Vessel comes into collision with another ship as a result of the negligence of the other ship and
any port, embark or disembark any person, carry contraband, explosives, munitions, and hazardous without further notice and deadfreight is to be paid. The Carrier is entitled to land and receive the Goods or to any act, neglect, or default of the Master, crew, pilot, or agent of the Vessel or Carrier in the navigation
cargo, sail without pilots, tow or be towed, and save or attempt to save life or property. appoint a person or a corporation for the landing and reception of the Goods. Whether appointed by the or in the management of the Vessel, the Merchant shall indemnify the Carrier against all loss or liability
(F) The Carrier, in addition to all other liberties provided for in this Article 7, shall have liberty to comply Carrier or not, anybody so acting is the Merchant's representative and the Merchant shall pay current incurred directly or indirectly to the other ship or her owners or operators insofar as such loss or liability
with orders, directions, regulations, or suggestions as to navigation or the carriage or handling of the charges whether delivery is taken overside or on quay. The Merchant must be ready to take delivery of the represents Loss of or Damage to the Goods or any claim paid or payable to the Merchant by theother
Goods or the Vessel, given by any actual or purported government or public authority, or by any Goods as soon as the Vessel is ready to deliver as fast as she is able to discharge, by day and, if required by ship or her owners or operators and set-off, recouped, or recovered by the other ship or her owners or
committee or person having under the terms of any insurance on the Vessel the right to give such order, the Carrier, also by night, Sundays and holidays. If the Goods are not taken by the Merchant at the time operators as part of their claim against the Vessel or the Carrier. The foregoing provisions shall also
direction, regulation, or suggestion. when the Vessel is entitled to call upon him to take delivery, or if they are not removed alongside the Vessel apply where the owners, operators, or those in charge of any ship or objects other than or in addition to
(G) Actions the Carrier takes under this Article 7 shall be deemed to be included within the contractual without delay, the Carrier shall be at liberty at the sole risk and expense of the Merchant to enter the Goods, the colliding ships or objects are at fault in respect of a collision, contact, stranding, or other accident.
carriage and such actions, or consequences resulting therefrom, shall not be considered a deviation. to move them, to land them on to wharf, quay or into warehouse or to discharge them into craft, bulk, lighters,
Should the Carrier be held liable in respect of such action, the Carrier shall be entitled to the full benefit pack or unpack the container and/or sell them with or without legal authority, and the contract of carriage 28. CARRIER’S TARIFF
of all rights, defenses, exemptions, limitations, conditions, immunities, liberties and statutory protections shall be considered as fulfilled This Bill of Lading is issued subject to the Carrier's applicable tariff that are incorporated herein.
contained in this Bill of Lading. (B) The Carrier may at its discretion deliver the Goods at any time at the Vessel's side or at a customhouse, Attention is drawn to the terms and conditions therein relating to free storage time and to additional
warehouse, wharf, or any other place at the port of discharge or place of delivery shown on the face of this charges including demurrage, damage for detention, per diem, storage expenses and legal fees, etc.
8. DESCRIPTION OF PARTICULARS OF GOODS Bill of Lading. Copies of the applicable tariff are obtainable from the Carrier or its agent upon request and the Merchant
Any description on the face of this Bill of Lading of marks, quality, quantity, weight, measure, nature, (C) Delivery shall take place upon discharge. agrees to know and accept such Tariff. In case of inconsistency between this Bill of Lading and the
value, or any other particulars of the Goods is as furnished by the Merchant. The Carrier shall not be (D) Delivery may be to the Merchant including his own bonded warehouses, to the Customs or other public applicable Tariff, this Bill of Lading shall prevail.
responsible for the accuracy of any such description and is not bound thereby. The Merchant warrants authority, and the Carrier shall have no further responsibility for the Goods.
to the Carrier that the descriptions of particulars that the Merchant furnishes are correct, and the (E) If the Goods received by the Carrier or Subcontractor are in containers packed by or on behalf of the 29. GOVERNING LAW AND JURISDICTION
Merchant shall indemnify the Carrier against all loss, damage, expenses, liability, or penalties resulting Merchant: (A) Any claims arising from or in connection with or relating to this Bill of Lading shall be exclusively
from inaccuracy of any description of particulars. (1)The Carrier shall be responsible only to deliver the total number of containers received. The Carrier shall governed by the law of Korea except as otherwise provided herein inclusive of this Article 2 and Article
not be required to unpack the containers and deliver their contents. 3(A). Any and all action under or concerning this Bill of Lading (including, but not limited to, Loss of or
9. USE OF CONTAINER (2) At the Carrier's discretion and upon the Merchant's request in writing to the Carrier at least 3 days before Damage to the Goods) whether based on breach of contract, tort or otherwise shall be brought before
When the Goods are not already packed into a container at the time of receipt by the Carrier or the scheduled date of arrival of the Vessel at the port of discharge, the containers may be unpacked and their the Seoul Civil District Court in Korea.
Subcontractor, the Carrier or Subcontractor shall be at liberty to pack and carry the Goods in any type of contents delivered by the Carrier in accordance with the written request. In such a case, if the seals of the (B) Notwithstanding Article 29(A) above, any and all actions by Carrier against Merchant concerning
container. containers are intact at the time of unpacking, the Carrier's obligations under this Bill of Lading shall be freight and/or charges and/or any other expenses incurred to Carrier for the reason that Merchant is
discharged, the Carrier shall not be responsible for any Loss of or Damage to the Goods resulting from such responsible for, including but not limited to those charges in Article 28, may be brought in the courts of
10. CARRIER’S CONTAINER delivery, and the Merchant shall be liable for an appropriate adjustment of the freight and any additional any place where Merchant is subject to jurisdiction and the applicable laws or regulations of that
(A) The Merchant assumes full responsibility for and shall indemnify the Carrier against any loss of or charges incurred. jurisdiction shall apply to such actions by the Carrier against the Merchant.
damage to the Carrier's containers and other equipment if the loss or damage is caused or occurs while (F) If the Carrier for its convenience has packed the Goods into a container, the Carrier shall not be required
in the possession or control of the Merchant, the Merchant’s agents or the Merchant’s subcontractors, or to deliver the Goods in the container. At the Carrier's discretion, and subject to prior arrangement between 30. SUPERSEDING CLAUSE
other entities engaged by or on behalf of the Merchant. the Merchant and the Carrier, the Goods may be delivered to the Merchant in the container, in which case if All agreement or freight engagements for the shipment of the Goods are superseded by this Bill of
(B) The Carrier shall not be liable for, and the Merchant shall indemnify, defend and hold the Carrier the container is delivered with its seal intact the Carrier's obligations under this Bill of Lading shall be Lading.
harmless from, any death of or injuries to persons or loss of or damage to property caused by the discharged, and the Carrier shall not be responsible for any Loss of or Damage to the Goods.
Carrier's container or its contents while in the possession or control of the Merchant, his agents, or other (G) The Carrier is not responsible to notify, in writing or otherwise, the Merchant or others of the arrival, 31. SEVERABILITY OF TERMS
carriers engaged by or on behalf of the Merchant discharge, or disposition of the Goods, any custom or agreement to the contrary notwithstanding, and The terms of this Bill of Lading are severable, and if any part of terms is declared invalid or
notwithstanding any notation on the face of this Bill of Lading that there is a notify party. unenforceable, the validity or enforceability of any other part of term shall not be affected.

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