Effective	01SEP2005
Filed	01SEP2005
Filing Codes	I

RECEIVED by the Carrier in external apparent good order
and condition unless otherwise stated the number of
containers, packages or other customary freight units to
be transported to such place as agreed, authorized or
permitted herein and subject to all the terms and
conditions appearing on the front and reverse of this
Bill of Lading either written, printed or stamped or
otherwise incorporated by which the Merchant agrees to
be bound in accepting this Bill of Lading.
1. DEFINITIONS
    "Carrier"  on whose behalf this Bill of Lading has
been signed, means Airways Freight Corporation d/b/a AFC
OceanCarriers, 3849 W. Wedington Drive, Fayetteville, AR
72704, United States of America.
"Merchant" includes the shipper, the consignee,
endorsee, the receiver of the Goods, the holder of this
Bill of Lading, any person owning or entitled to the
possession of the Goods or this Bill of Lading,
importer, exporter, any person having a present or
future interest in the Goods and any person acting on
behalf of any of the above mentioned persons.
"Goods" includes the whole or any part of the cargo
supplied by the Merchant and includes any Container or
packing or equipment not supplied by or on behalf of the
Carrier.
"Container" includes any container, trailer,
transportable tank, lift van, flat, platform, pallet or
any similar article of transport used to consolidate
Goods.
"Carriage" means the whole or any part of the operations
and services undertaken or performed by or on behalf of
the Carrier in respect of the Goods covered by this Bill
of Lading.
"Combined Transport" arises where the Carriage called
for by this Bill of Lading is not Port to Port.
"Port to Port Shipment" arises where the Place of
Receipt and the Place of Delivery are not indicated on
the front of this Bill of Lading  or if both the Place
of Receipt and the Place of Delivery indicated are ports
and the Bill of Lading does not in the nomination of the
Place of Receipt or the Place of Delivery on the front
hereof specify any place or port within the area of the
port so nominated.
"Hague Rules" mean the provisions of the International
Convention for Unification of Certain Rules relating to
Bills of Lading signed at Brussels on 25 August 1924.
"Hague-Visby Rules" mean the Hague Rules as amended by
the Protocol signed at Brussels on 23 February 1968.
"COGSA" means the Carriage of Goods by Sea Act of the
United States of America approved on 16 April 1936.
"Charges"  includes freight, all expenses and money
obligations incurred and payable by the Merchant and all
collection costs for freight and other amounts due from
the Merchant including attorneys' fees and court costs.
"Shipping Unit" includes freight unit and the term
"unit" as used in the Hague Rules and Hague-Visby Rules.
"Person" includes an individual, a partnership, a
corporate body or other entity.
"Stuffed" includes filled, consolidated, packed, loaded
or secured.
2. CARRIER'S TARIFF
The provisions of the Carrier's applicable Tariff, if
any, are incorporated herein. Copies of such provisions
are obtainable from the Carrier or his agents upon
request or, where applicable, from a government body
with whom the Tariff has been filed.  In the case of
inconsistency between this Bill of Lading and the
applicable Tariff, this Bill of Lading shall prevail.
3. WARRANTY
The Merchant warrants that in agreeing to the terms
hereof:
(1) He is, or is the agent of and has the authority of,
the Person owning or entitled to the possession of the
Goods or any Person who has a present or future interest
in the Goods and this Bill of Lading .
(2) The Goods placed by the Merchant in any Container
are suitable for transportation in Containers.
(3) The Container, if not supplied by or on behalf of
the Carrier, meets all applicable national or
international safety standards and is fit in all
respects for Carriage by the Carrier.
4. NEGOTIABILITY AND TITLE TO THE GOODS
(1) This Bill of Lading shall be negotiable unless
marked "non-negotiable" and shall constitute title to
the Goods and the holder shall be entitled to receive or
transfer the Goods herein described.
(2) This Bill of Lading shall be prima facie evidence of
the taking charge by the Carrier of the Goods as herein
described.  However, proof to the contrary shall not be
admissible when this Bill of Lading has been negotiated
or transferred for valuable consideration to a third
party acting in good faith.
5. SUB-CONTRACTING
(1) The Carrier shall be entitled to sub-contract on any
terms whatsoever the whole or any part of the Carriage.
(2) The Merchant undertakes that no claims or
allegations whether arising in contract, tort, bailment
or otherwise shall be made against any person  or vessel
whatsoever, other than the Carrier , including, but not
limited to the Carrier's servants or agents, any
independent contractor and his servants or agents,
stevedores, terminal and groupage operators, road and
rail operators and all others by whom the whole or any
part of the Carriage, whether directly or indirectly, is
procured, performed or undertaken which imposes or
attempts to impose upon any such person or vessel owned
and chartered by any of them or upon which the Goods
have been carried any liability whatsoever in connection
with the Goods or the Carriage of the Goods whether
arising out of negligence or not on the part of such
person or vessel; and if any claim or allegation should
nevertheless be made to defend, indemnify and hold
harmless the Carrier against all consequences thereof. 
Without prejudice to the foregoing every such person and
vessel shall have the benefit of all provisions herein
benefiting the Carrier as if such provisions were
expressly for his benefit and in entering into this
contract the Carrier, to the extent of these provisions,
does so not only on his own behalf but also as agent or
trustee for such persons and vessels and such persons
and vessels shall to this extent be or be deemed to be
parties to this contract.
(3) The Merchant shall defend, indemnify and hold
harmless the Carrier against any claim or liability (and
any expense and all consequences arising therefrom)
arising from the Carriage of Goods insofar as such claim
or liability is made other than in accordance with the
terms of this Bill of Lading or which exceeds the
Carrier's liability under this Bill of Lading.
(4) The defenses and limits of liability provided for in
this Bill of Lading shall apply in any action against
the Carrier whether the action based on breach of
contract, in tort, in bailment or otherwise.
6. CARRIER'S RESPONSIBILITY
(1) CLAUSE PARAMOUNT
(A) Subject to Clause 15 below , this Bill of Lading
insofar as it relates to sea carriage by any vessel
whether named herein or not shall have effect subject to
the Hague Rules or any legislation making such Rules or
the Hague-Visby Rules including in either case any
statutory modification thereof compulsorily applicable
to this Bill of Lading and the provisions of the Hague
Rules or legislation making such Rules or Hague Visby
Rules applicable shall be deemed incorporated herein. 
In the absence of such legislation or other legislation
to similar effect which is compulsorily applicable, this
Bill of Lading shall have effect subject to the Hague
Rules or COGSA in the case of carriage to and from the
United States of America. The Hague Rules, Hague Visby
Rules or COGSA shall apply to the carriage of Goods by
inland waterways and reference to carriage by sea in
such Rules or legislation shall be deemed to include
reference to inland waterways.
(B) If and to the extent that the provisions of the
Harter Act of the United States of America of 1893 would
otherwise be compulsorily applicable to regulate the
Carrier's responsibility for the Goods during the period
prior to loading on or after discharge from the vessel
the Carrier's responsibility shall instead be determined
by the provisions of Clause 6(3) below, but if such
provisions are found to be invalid such responsibility
shall be subject to COGSA.
(C) The Carrier shall be entitled to (and nothing in
this Bill of Lading shall operate to deprive or limit
such entitlement) the full benefit of, and rights to all
limitations and exclusions of liability and all rights
conferred or authorized by any applicable law, statute
or regulation of any country (including, but not limited
to, where applicable any provisions of Title # 46
sections 4281 to 4287, inclusive, of the Revised
Statutes of the United States of America and amendments
thereto) and without prejudice to the generality of the
foregoing also any law, statute or regulations available
to the owner of the vessel(s) on which the Goods are
carried.
(D) This Bill of Lading shall be subject to the COGSA if
Carriage takes place to, from or through a port in the
United States of America which terms shall be
incorporated herein and shall be paramount throughout
the Carriage by sea and at the sea terminal in the
United States of America prior to loading and after
discharge from the vessel provided that the Carrier
shall not be liable for any loss, damage or delay to the
Goods which occurs in the United States of America
whilst the Goods are outside the sea terminal and not in
the custody of the Carrier. In such circumstances, the
Merchant agrees that the Carrier shall act as agent only
for the Merchant to arrange the Carriage by an inland
Carrier in the United States of America according to the
usual business terms of such Person performing the
Carriage and shall not be liable to the Merchant for any
loss, damage or delay to the Goods whilst in the custody
of such Person performing the Carriage. The liability of
the Carrier whilst Carriage or this Bill of Lading is
subject to COGSA shall not exceed the limits in Clause
6(4) herein.
(2) PORT TO PORT SHIPMENT
(A)    Where the Carriage is Port to Port Shipment, the
responsibility of the Carrier is limited to that
Carriage from and during loading onto the vessel, up to
and during discharge from the vessel or any other vessel
onto which the Goods have been transhipped and the
Carrier shall not be liable for any loss or damage or
delay whatsoever and howsoever caused in respect of the
Goods or for any other matter arising even though the
Goods may be in its actual or constructive possession
and Charges for the whole Carriage have been charged by
the Carrier.  Liability shall be determined in
accordance with any legislation making the Hague Rules
or Hague Visby Rules compulsorily applicable or, if
none, in accordance with the Hague Rules.  The Merchant
constitutes the Carrier as agent to enter into contracts
on behalf of the Merchant with others for transport,
storage, handling or any other services in respect of
the Goods prior to loading and subsequent to discharge
of the Goods from the vessel without responsibility for
any act or omission whatsoever on the part of the
Carrier or others and the Carrier may as such agent
enter into contracts with others on any terms whatsoever
including terms less favorable than the terms in this
Bill of Lading.
(B)    Notwithstanding (A) above to the extent that any
compulsorily applicable legislation makes the Carrier
responsible for any additional period and in all other
cases the Carrier shall have the benefit of the Hague
Rules (and COGSA where Carriage occurs in the United
States of America) in respect of any loss, damage or
delay arising prior to loading or subsequent to
discharge from the vessel even though such did not occur
at sea or whilst the Goods were in the custody of the
Carrier.
(C)    Where COGSA applies, then the provisions stated
in the said Act shall govern before loading on the
vessel or after discharge therefrom, as the case may be,
during Carriage to or from a container yard or container
freight station in or immediately adjacent to the sea
terminal at the Port of Loading and/or Discharge.  If
the Carrier is requested by the Merchant to procure
Carriage by an inland carrier in the United States of
America and the inland carrier in his discretion agrees
to do so, such carriage shall be procured by the Carrier
as agent only to the Merchant and such carriage shall be
subject to the inland carrier's contract and tariff. 
If, for any reason, the Carrier is denied the right to
act as agent at these times, his liability for loss,
damage or delay to the Goods shall be determined in
accordance with Clause 6 (3) thereof.
(3) COMBINED TRANSPORT
Save as otherwise provided in this Bill of Lading, if
the Carriage is Combined Transport the Carrier
undertakes to perform or to procure performance of the
Carriage and shall only be liable for loss of or damage
or delay to the Goods occurring from the Place of
Receipt, if applicable otherwise the Port of Loading, up
until the Place of Delivery, if applicable, otherwise
the Port of Discharge, indicated on the face of the Bill
of Lading to the extent set out below.
(A)    Where the stage of Carriage where the loss or
damage occurred cannot be proved:
(i)     The Carrier shall be entitled to rely upon all
exclusions of liability under the Hague Rules or Hague
Visby Rules or legislation that would have applied under
6(1)(A) above had the loss or damage or delay occurred
at sea or, if there was no carriage by sea, under the
Hague Rules (or COGSA if the Carriage is to or from the
United States of America).
(ii)    Where under (i) above, the Carrier is not liable
in respect of some of the factors causing the loss or
damage or delay to the Goods, he shall only be liable to
the extent that those factors for which he is liable
have contributed to the loss of or damage.
(iii)     Subject to Clause 7(3) below, when the Hague
Rules or any legislation applying such Rules (such as
COGSA) or the Hague-Visby Rules is not compulsorily
applicable, the Carrier's liability shall not exceed, in
any circumstances, SDR 666.67 per package or shipping
unit or SDR 2.00 per kilo of the gross weight (whichever
is less) of the Goods lost, damaged or delayed or, where
carriage includes Carriage to, from or through a port in
the United States of America, US$500 per package or
shipping unit or US$ 2.00 per kilo of the gross weight
of the Goods (whichever is less).
(B)     Where the stage of Carriage where the loss or
damage occurred can be proved.
(i) The liability of the Carrier shall be determined by
the provisions contained in any international convention
or national law of the country which provisions
(a) cannot be departed from by private contract to the
detriment of the Merchant, and
(b) would have applied if the Merchant had made a
separate and direct contract with the Carrier in respect
of the particular stage of Carriage where the loss or
damage or delay occurred and had received as evidence
thereof any particular document which must be issued in
order to make such international convention or national
law applicable.
(ii) If no international convention or national law is
applicable, then any liability of the Carrier shall be
determined by Clause 6(2)(A) above.
(iii) In the case of shipment to or from the United
States of America, the liability of the Carrier shall be
determined by the provisions of COGSA if the loss or
damage or delay is known to have occurred during
Carriage by sea to or from the United States of America
or during Carriage to or from a container yard or cargo
berth in or immediately adjacent to, the sea terminal at
the Port of Loading or Port of Discharge in ports of the
United States of America.
(iv) With respect to the transportation to the Port of
Loading or from the Port of Discharge in the United
States of America  the responsibility of the Carrier
shall be to procure transportation by carriers (one or
more) and such transportation shall be subject to the
inland carrier's contracts of carriage and tariffs in
whose custody the loss or damage occurred and any law
compulsorily applicable.  The Carrier shall not be
liable for any loss, damage or delay to Goods during
such transportation.
(3)    GENERAL PROVISIONS
(A) Delay.  Consequential LossThe Carrier does not make
any warranty or guaranty that the Goods or any documents
relating thereto shall arrive or be available at any
point or place during the Carriage or at the Place of
Delivery at any particular time (whether advertised or
not)  or to meet any particular requirement of the
Merchant or any market or use of the goods and the
Merchant agrees that save as otherwise provided herein,
the Carrier shall under no circumstances whatsoever be
liable for any direct, indirect or consequential loss,
loss of profits or loss of market or loss of contract or
loss of revenue or use claims, punitive or exemplary
damages or damage caused by delay or any other cause
whatsoever and howsoever caused. If Carrier is found to
be the cause for delay, carrier's liability shall be
limited to the freight charges applicable to the
Carriage during the stage of transport in which the
delay occurred.
(B) Once the Goods have been received by the Carrier for
Carriage, the Merchant shall not be entitled to impede,
delay, suspend, stop or otherwise interfere with the
Carrier's performance of the Carriage or the exercise of
the liberties conferred by this Bill of Lading or to
instruct or require delivery of the Goods at a place or
point other than the Port of Discharge or Place of
Delivery named on the reverse hereof or such other port
or place selected by the Carrier in its sole discretion
herein, for any reason whatsoever including but not
limited to the exercise of any right of stoppage in
transit conferred by the Merchant's contract or sale or
otherwise.  The Merchant shall indemnify the Carrier
against all claims, liabilities, loss, damages, costs,
delay, attorney fees and/or expenses caused to the
Carrier, its directors, officers, sub-contractors,
employees or agents or to any other cargo or to the
owner of such cargo during the Carriage arising or
resulting from any stoppage (whether temporary or
permanent) in the Carriage of the Goods whether at the
request of the Merchant, or in consequence of any breach
by the Merchant of this clause, or in consequence of any
dispute whatsoever in respect of the Goods (including,
but not limited to, disputes as to ownership, title,
quality, quantity or description of and/or payment for
the Goods) involving any one or more party defined
herein as the Merchant as between themselves or with any
third party other than the Carrier.
(C) Definition of Packaging or Shipping Unit
Where a Container is used to consolidate Goods and such
Container is stuffed by the Carrier the number of
packages or shipping units stated on the face of this
Bill of Lading in the box provided shall be deemed the
number of packages or shipping units for the purpose of
any limit of liability per package or shipping unit
provided in any international convention or national law
relating to the carriage of Goods by sea.  The Container
shall be considered the "package" or "shipping" unit. 
The words "shipping unit" shall mean each physical unit
or piece of cargo not shipped in a package, including
articles and things of any description whatsoever,
except Goods shipped in bulk, and irrespective of the
weight or measurement unit employed in calculating
freight charges.  As to Goods shipped in bulk, the
limitation applicable thereto shall be the limitation
provided in such convention or law which may be
applicable, and in no event shall anything herein be
construed to be a waiver of limitation as to Goods
shipped in bulk.
(D) Rust, etc.  It is agreed that rust, oxidation or any
like condition due to moisture, is not a condition of
damage but is inherent in the nature of the Goods. 
Acknowledgement of receipt of the Goods in apparent good
order and condition shall not be construed to mean that
the Goods were free from rust, oxidation or any like
condition at the time of receipt.
(E)  Notice of Loss or Damage.  It shall be a
presumption that Carrier delivered the Goods as
described in this Bill of Lading unless written notice
of loss of, damage to or delay of the Goods, (specifying
the loss, damage or delay) shall have been given to the
Carrier or its representative at the Place of Delivery
before or at the time of removal of the Goods into the
custody of the person to delivery thereof under this
Bill of Lading or, if the loss or damage is not
apparent, within three consecutive days thereafter.
(F) Time-bar.  The Carrier shall be discharged of all
liability whatsoever with respect to the Goods unless
suit is filed in the proper forum and Carrier is
properly served with Summons within 270 days after
delivery of the Goods or if the Goods are not delivered
within 270 days when the Goods should have been
delivered.   Notwithstanding the above, where the Hague
Rules or Hague Visby Rules or COGSA apply whether by
incorporation in this Bill of  Lading or by compulsorily
applicable law, the Carrier shall be discharged of all
liability whatsoever in respect of the Goods unless suit
is filed in the proper forum and Carrier is properly
served with Summons within one year of their delivery or
of the date when they should have been delivered
(G) Inspection By Authorities.  If by the order of the
proper authorities at any point of the Carriage the
Goods or a Container has to be opened in which the Goods
are stuffed to be inspected, the Carrier will not be
liable for any loss, damage or delay incurred either to
the Goods, the Carriage or to the carrying vessel as a
result of such inspection including the cost of opening,
unstuffing, inspection or repacking.  Instead, any such
cost of opening etc shall be paid to Carrier by Merchant
part of the Charges.
7. COMPENSATION AND LIABILITY
(1)    Subject always to the Carrier's right to limit
liability as provided for herein, if the Carrier is
liable for compensation in respect of loss of or damage
to the Goods, such compensation shall be calculated by
reference to the invoice value of the Goods plus charges
and insurance, if paid.  If there is no invoice value of
the Goods or if any such invoice is not bona fide (and
in this respect the Carrier shall be at liberty to seek
to challenge the invoice value) such compensation shall
be calculated by reference to the value of such Goods at
the place and time they are delivered or should have
been delivered to the Merchant.  The value of the Goods
shall be fixed according to the current market price, by
reference to the normal value of goods of the same kind
and/or quality.
(2)    Where the Hague Rules or Hague Visby Rules or any
legislation  making either of such Rules compulsorily
applicable (such as COGSA) to this Bill of Lading apply,
the Merchant agrees that the Carrier has no knowledge of
the value of the Goods and shall not, unless a declared
value has been noted in accordance with Clause 7(3)
below, be or become liable for any loss or damage to or
in connection with the Goods in an amount per package or
shipping unit in excess of the package or shipping unit
limitation as set forth in such Rules or legislation. 
Where Carriage is to, from or through the United States
of America, such limitation amount (according to COGSA)
is US $500 per package or customary freight unit unless
a declared value has been noted in accordance with
Clause 7(3) below.  If such Rules or legislation are not
compulsorily applicable, subject to any other compulsory
applicable convention or national legislation, the
limitation amount shall not exceed the amount of SDR
666.67 per package or shipping unit or SDR 2.00 per kilo
of the gross weight (whichever is less) of the Goods
lost, damaged or delayed or where Carriage includes
Carriage to, from or through a port in the United States
of America US $500 per package or shipping unit or
USD2.00 per kilo of the gross weight of the Goods,
whichever is less.
(3)    The Merchant agrees and acknowledges that the
Carrier has no knowledge of the value of the Goods and
the Carrier's liability may be increased to a higher
value only by a declaration in writing of the value of
the Goods by the Merchant upon delivery to the Carrier
of the Goods for shipment, such higher value being
inserted with the consent of the Carrier on the front of
this Bill of Lading in the space provided and, if
required by the Carrier, extra freight paid.  In such
case, if the actual value of the Goods shall exceed such
declared value, the value shall nevertheless be deemed
to be the declared value and the Carrier's liability, if
any, shall not exceed the declared value and any partial
loss or damage shall be adjusted pro rata on the basis
of such declared value.
8. DESCRIPTION OF GOODS
(1) This Bill of Lading shall be prima facie evidence of
the receipt by the Carrier in apparent good order and
condition except as otherwise noted of the total number
of packages or units or containers comprising or in
which the Goods have been packed or stuffed.
(2) No representation is made by the Carrier as to the
weight, contents, measure, quantity, quality,
description, condition, marks, numbers, origin or value
of the Goods and the Carrier shall not be responsible or
liable whatsoever in respect to such.
(3) The description and particulars of the Goods set out
on the face hereof are furnished by the Merchant and the
Merchant warrants to the Carrier that the description
and particulars provided by it or on its behalf of
including but not limited to of weight, measure,
quantity, quality, conditions, marks, numbers, origin
and value have been checked by the Merchant and that
such description and particulars including any other
particular furnished by or on behalf of the Merchant are
true, adequate,  and correct.  The Merchant also
warrants that the Goods are lawful goods according to
the applicable laws including those of the country of
the Place of Receipt and that of the Place of Delivery
and are not, or do not contain, contraband, prohibited
or illegal substances or articles, drugs or stowaways
and that neither the Goods nor the Carriage thereof will
cause any loss, expense or delay to the Carrier or to
the vessel or to any other cargo during the Carriage.
9.    MERCHANT'S RESPONSIBILITY
(1) The Merchant shall comply with all applicable laws,
regulations, and requirements of customs, port, and
other authorities and shall bear and pay (or indemnify
the Carrier if Carrier shall be obliged to pay first)
all duties, taxes, fines, imposts, expenses and losses
incurred or suffered and Merchant shall be liable for
all damages, delays and any attorney fees with respect
to the Goods by reason of any illegal, incorrect,
untimely or insufficient declaration, marking, number,
or addressing of the Goods.
(2) The Merchant represents that the Goods are packed in
a manner, and, if applicable, stuffed into a Container (
in the case of not being stuffed by or on behalf of the
Carrier) , adequate to withstand the ordinary risks of
carriage having regard to their nature and in compliance
with all laws, regulations, and requirements which may
be applicable.
(3) No Goods which are or may become of a dangerous,
inflammable or damaging nature or which are or may
become capable of causing damage to any property or
person whatsoever or other goods shall be tendered to
the Carrier for Carriage, whether or not listed in any
official  or unofficial international or national code
or convention, without  previously giving written notice
of their nature, type, name, label and classification to
the Carrier and obtaining the Carrier's prior express
consent in writing.  Further the Container or other
covering in which the Goods themselves are to be
transported and the Goods must be distinctly marked on
the outside so as to indicate the nature and character
of any such Goods and so as to comply with all
applicable laws, regulations, and requirements.
If any such Goods are delivered to the Carrier without
obtaining such written consent and without such marking
or, if in the sole opinion of the Carrier, the Goods are
or are likely to become of a dangerous, illegal,
inflammable or damaging nature and cannot safely or
properly be carried or carried further whether taking
any measures or incurring additional expense or not, the
Carrier at its absolute discretion and without notice to
the Merchant (but as the Merchant's agent only) may at
any time or place take such measures as it considers
appropriate and/or incur reasonable additional expense
to continue the Carriage and/or arrange at the
Merchant's risk and expense for such Goods to be landed,
stored, ashore or afloat, under cover or in the open,
sold, destroyed, disposed of, abandoned or rendered
harmless without compensation to the Merchant and
without prejudice to the Carrier's rights to Charges.
Such action shall be deemed to constitute due delivery
under this Bill of Lading and the Merchant shall pay all
Charges incurred by the Carrier.  In exercising its
discretion hereunder, the Carrier shall not be under any
obligation to take any particular measure and shall not
be liable for any loss, damage or delay howsoever
arising or for any lack of action relating thereto.
(4)    The Merchant shall be liable for the loss,
damage, contamination, soiling, detention or demurrage
before, during and after the Carriage of property
(including, but not limited to, Containers) of the
Carrier or any person or vessel (other than the
Merchant) referred to in clause 9(2) above caused by the
Merchant or any person acting on his behalf or for which
the Merchant is otherwise responsible.
(5) The Merchant (and each of the persons within the
definition of Merchant shall be jointly and severally
liable and remain so whether or not the Bill of Lading
has been transferred) shall defend, indemnify and hold
harmless the Carrier against any loss, damage, claim,
liability or expense whatsoever arising from any breach
of the provisions of this Bill of Lading or applicable
law or from any cause in connection with the Goods.
10.    CONTAINERS
(1) Goods may be stuffed by the Carrier in or on
Containers and Goods may be stuffed with other Goods.
(2) The terms of this Bill of Lading shall at all times
govern all the responsibilities of the Carrier in
connection with or arising out of the supply of a
Container to the Merchant, whether supplied before or
after the Goods are received by the Carrier or delivered
to the Merchant not only during the Carriage, but both,
before and after the Carriage.
(3) If a Container has been stuffed by or on behalf of
the Merchant other than by the Carrier
(A) this Bill of Lading shall be a receipt only for such
a Container and the Carrier shall not be liable for loss
or damage or delay  to the Goods howsoever carried
including but without prejudice to the generality hereof
where such is:
(i) caused by the manner in which the Container has been
stuffed
(ii) caused by the unsuitability of the Goods for
carriage in Containers
(iii) caused by the unsuitability or defective condition
of the Container provided that where the Container has
been supplied by or on behalf of the Carrier, this
sub-clause (iii) shall only apply if the unsuitability
or defective conditions arose (a) without any negligence
on the part of the Carrier or (b) would have been
apparent upon reasonable inspection by the Merchant at
or prior to the time when the Container was stuffed
(B) the Merchant shall defend, indemnify and hold
harmless the Carrier against any loss, damage, claim,
liability or expense whatsoever arising from one or more
of the matters contained in 3(A) above except where the
loss, or damage is solely due to Carrier's negligence.
(4) The Merchant is responsible for packing and sealing
all Containers not stuffed by the Carrier and if any
such Container is delivered by the Carrier with its
original seal as affixed by the Merchant intact, the
Carrier shall not be liable for any shortage of goods on
delivery.
(5) Where the Carrier is instructed to provide a
Container,  unless specifically requested in writing
otherwise, the Carrier is not under an obligation to
provide a Container of any particular type or quality. 
The Merchant shall inspect the Container prior to
stuffing and use of such Container shall be deemed to be
acceptance by the Merchant of it being sound and
suitable for use.
11.    TEMPERATURE CONTROLLED CARGO
(1) The Merchant agrees not to tender for transportation
any Goods which require temperature control without
previously giving written notice (and filling in the box
on the front of this Bill of Lading if this Bill of
Lading has been prepared by the Merchant or a person
acting on his behalf) of the nature of the Goods and the
particular temperature setting to be maintained.  In the
case of a temperature controlled Container stuffed by or
on behalf of the Merchant, the Merchant further
undertakes that the Container has been properly
pre-cooled, that the Goods have been properly stuffed in
the Container and that its thermostatic controls have
been properly set by the Merchant before receipt of the
Goods by the Carrier.  If the above requirements are not
complied with, the Carrier shall not be liable for any
loss of or damage to the Goods caused by such
non-compliance.
(2)    The Carrier shall not be liable for any loss or
damage to the Goods arising from defects, derangement,
breakdown, stoppage of the temperature controlling
machinery, plant, insulation or any apparatus of the
Container, provided that the Carrier shall before or at
the beginning of the Carriage exercise due diligence to
maintain the refrigerated Container in an efficient
state.
12.    INSPECTION OF GOODS
The Carrier or any person authorized by the Carrier
shall be entitled, but under no obligation, to open any
Container or package at any time and to inspect the
Goods.
13.    MATTERS AFFECTING PERFORMANCE
(1) (1)    If at any time the Carriage, the vessel, or
other goods on board the vessel are or are likely to be
affected by any hindrance, risk, danger, delay,
difficulty or disadvantage of whatsoever kind (including
the condition of the Goods), whensoever and howsoever
arising (whether or not the Carriage has commenced)
without notice to the Merchant, the Carrier may carry
the Goods to the Place of Delivery by an alternative
route to that indicated in this Bill of Lading.  If the
Carrier does so, he shall be entitled to charge such
additional charges as the Carrier may determine; or
(A) (A)    suspend the Carriage of the Goods and store
them ashore or afloat subject to the terms of the Bill
of Lading and use reasonable endeavors to forward the
Goods, if practicable, to destinations; or
(B) without notice to the Merchant, abandon the Carriage
of the Goods and where reasonably possible place the
Goods or any part of them at the Merchant's disposal at
any place which the Carrier may deem safe and
convenient, whereupon the responsibility of the Carrier
in respect of such Goods shall cease; or
(C) without prejudice to the Carrier's rights to
subsequently use an alternative route under (A) or  to
suspend Carriage under (B) or to abandon the Carriage
under (C) above, continue the Carriage.  In any event,
the Carrier shall be entitled to full Charges on Goods
received or Carriage and the Merchant shall pay any
additional costs resulting from the above mentioned
circumstances.
(2) The responsibility and liability of the Carrier with
respect to the Goods shall cease on the delivery or
other disposition of the Goods in accordance with the
Orders or recommendations given by any government or
authority or any person acting or purporting to act as
or on behalf of such government or authority.
14.    METHODS AND ROUTE OF TRANSPORTATION
(1) The Carrier may at any time and without notice to
the Merchant use any means of transport or storage
whatsoever; load, transfer or carry the Goods on any
vessel other than that named on the front hereof or by
any other means of transport whatsoever even though
transhipment or forwarding may not have been
contemplated or provided for; at any place unpack and
remove Goods which have been stuffed in or on a
Container and forward the same in a Container or in any
manner whatsoever; proceed at any speed and by any route
in its discretion (whether or not the nearest or most
direct or customary or advertised route) and proceed to,
return to or stay at any port or place whatsoever
(whether or not the place is a port named on the front
hereof as the intended Port of Loading or intended Port
of Discharge) and in any order in or out of the route or
in a contrary direction to the Port of Discharge; comply
with any orders or recommendations given by any
government or authority or any person or body acting or
purporting to act as or on behalf of such government or
authority or having under the terms of the insurance on
any conveyance employed by the Carrier the right to give
orders or directions, permit the vessel to proceed with
or without pilots to tow or to be towed or to be
dry-docked with or without Goods or Containers; permit
the vessel to carry livestock, Goods of all kinds
dangerous, or otherwise, contraband, explosives,
munitions or warlike stores and sail armed or unarmed.
(2) The liberties set out in sub-clause (14) above may
be invoked by the Carrier for any purposes whatsoever
whether or not connected with the Carriage of the Goods
including but not limited to loading or unloading other
goods, bunkering, embarking or disembarking other
persons, undergoing repairs and/or dry docking, towing
or being towed or assisting other vessels.  Anything
done in accordance with (14) above or any delay arising
therefrom shall be deemed to be within the contractual
Carriage and shall not be a deviation of whatsoever
nature or degree.
15.    DECK CARGO (AND LIVESTOCK)
(1) Goods of any description whether stuffed in
containers or not may be carried on or under deck at the
sole discretion of the Carrier without notice to the
Merchant and such stowage shall not be a deviation of
whatsoever nature or degree.  If carried on deck, the
Carrier shall not be obliged to note, mark or stamp on
the Bill of Lading any statement that the Goods are
carried on deck.   Subject to 15(2) below such Goods
whether carried on deck or under deck and whether or not
stated as carried on deck shall participate in General
Average and such Goods (other than livestock) shall be
deemed to be within the definition of Goods for the
purposes of the Hague Rules or any legislation making
such Rules or the Hague-Visby Rules compulsorily
applicable (such as COGSA) whichever is applicable to
this Bill of Lading.
(2) Goods (not being Goods stuffed in or on Containers
other than open flats or pallets) which are stated on
the front of this Bill of Lading to be carried on deck
and which are so carried (and livestock, whether or not
carried on deck) are carried without responsibility on
the part of the Carrier for loss or damage of whatsoever
nature or delay arising during Carriage whether caused
by unseaworthiness or negligence or any other cause
whatsoever on the part of the Carrier, its servants or
agents.  The Hague Rules or the Hague Visby Rules as
applicable (or COGSA, if applicable) shall not apply to
such carriage. The Merchant shall defend, indemnify and
hold harmless the Carrier against all and any extra cost
incurred for any reason whatsoever in connection with
carriage of such Goods or livestock.
(3)    "Where local legislation at the Port of Loading
or Place of Receipt provides that for Goods carried on
or above deck that the Carrier must have the agreement
in writing of the Merchant to permit Carriage on or
above deck, then to such extent Clause 15(1) and 6(2) is
to be read as modified thereby".
16.    DELIVERY OF GOODS
(1) If delivery of the Goods or any part thereof is not
taken by the Merchant at the time and place when and
where the Carrier is entitled to call upon the Merchant
to take delivery thereof as may be provided by the
Carrier's applicable Tariff, the Carrier shall be
entitled without notice to remove from a Container the
Goods or that part thereof if stuffed in or on a
Container and to store the Goods or that part thereof
ashore, afloat in the open or under cover at the sole
risk and expense of the Merchant. Such storage shall
constitute due delivery hereunder, and thereupon all
liability of the Carrier in respect to the Goods or that
part thereof shall cease and the costs of the storage
shall be payable upon demand by the Merchant to the
Carrier.
(2) If the Merchant fails or refuses to take delivery of
the Goods within 30 days of delivery under sub-clause
(16) above, or such shorter time as may be provided in
any law, order, decree or regulation applicable at the
place of discharge, or if in the sole opinion of the
Carrier the Goods are likely to perish or be rendered
less valuable or worthless sooner within that period,
the Carrier shall be entitled without further notice to
the Merchant and without prejudice to any other remedies
which the Carrier may have under this Bill of Lading, to
sell by private treaty or by public auction, dispose of,
or destroy the Goods and apply any proceeds of sale
against sums owed by the Merchant to the Carrier.
17. BOTH-TO-BLAME COLLISION
The Both-to-Blame Collision and New Jason clauses
published and/or approved by BIMCO and obtainable from
the Carrier or his agent upon request are hereby
incorporated herein.
18. GENERAL AVERAGE
(1) The Carrier may declare General Average which shall
be adjustable according to the York/Antwerp Rules of
1994 at any place at the option of the Carrier and by an
adjuster appointed by or with the concurrence of the
Carrier and the Merchant shall provide such security as
may be required by the Carrier in this connection.
General Average on a vessel not operated by the Carrier
shall be adjusted according to the requirements of the
operator of that vessel.
(2) Notwithstanding (18) above, the Merchant shall
defend, indemnify and hold harmless the Carrier with
respect to any claim (and any expense arising therefrom)
of a General Average nature which may be made on the
Carrier and shall provide to the Carrier prior to
delivery of the Goods such cash deposit or security as
may be required by the Carrier in this connection to
cover the estimated contribution with respect to the
Goods and any salvage and special charges thereon.
(3) The Carrier shall be under no obligation to take any
steps whatsoever to collect security for General Average
contributions due to the Merchant.
19. CHARGES
(1) Charges shall be deemed fully earned on receipt of
the Goods by the Carrier whether or not such Charges or
any of them are stated on the face of the Bill of Lading
and shall be paid and non-refundable in any event Goods
and/or vessel or other conveyance lost or not lost. All
sums payable to the Carrier shall be paid in full
without set-off, deduction or counterclaim in United
States Dollars or, at the Carrier's option, its
equivalent in the currency of the Port of Loading or
Port of Discharge.
(2) The Charges have been calculated on the basis of
particulars furnished by or on behalf of the Merchant
and the Carrier's confirmation of the basis of the
calculation shall be conclusive. The Carrier shall be
entitled to production of the commercial invoice for the
Goods or true copy thereof and to open the Goods or the
Container to inspect, reweigh, re-measure and re-value
the Goods. If the particulars are found by the Carrier
to be incorrect, the Merchant shall pay the Carrier the
correct Charges (credit being given for the Charges
charged) together with the costs incurred by the Carrier
in establishing the correct particulars.
(3) All Charges shall be paid without any set-off,
deduction or counter-claim before the delivery of the
Goods to the Merchant.
(4) If the Merchant fails to pay the charges in full
when due, the Merchant shall be liable in addition for
interest due on any outstanding sum together with
reasonable expenses and attorney fees incurred in
obtaining payment due to the Carrier.
(5) The Merchant shall remain responsible for all
Charges, regardless of whether the Charges are stated on
the face of the Bill of Lading or intended to be
pre-paid or collect.
20. LIEN
(1) The Carrier shall have a lien on the Goods and any
documents relating thereto for all sums whatsoever
earned or due at any time to the Carrier from the
Merchant under this Bill of Lading and/or any other
contract or paid by the Carrier, including but not
limited to any liens or penalties levied on the Carrier,
for any acts or omissions for which the Merchant is
responsible and for General Average contributions to
whomsoever due and for the costs of recovering the same.
 The Carrier shall have the right to exercise the lien
at any time and at any place at the Carrier's discretion
to recover the sums due to the carrier and for that
purpose to sell the Goods and documents by public
auction or private treaty  without notice to the
Merchant and at the Merchant's expense and without any
liability towards the Merchant. The Carrier shall be
entitled to claim the difference in the event that the
sale proceeds do not discharge in full the amount due
from the Merchant.  The Carrier's lien shall survive the
delivery of the Goods.
(2)    For shipments to and from the United States, the
Carrier shall become a warehouseman at the expiration of
free time stipulated in the Tariff.  The Carrier shall
be entitled to exercise a warehouseman's lien and
liquidation rights with respect to sums due from the
Merchant whether before or after the expiry of free time
by applying a general lien on the cargo.
21. VARIATION OF THE CONTRACT
No employee or agent of the Carrier shall have power to
waive or vary any of the terms of this Bill of Lading
unless such waiver or variation is in writing and is
specifically authorised or ratified in writing by a
director or officer of the Carrier who has the actual
authority of the Carrier so to waive or vary.
22. PARTIAL INVALIDITY/SEVERABILITY
If any provision in this Bill of Lading is held to be
invalid or unenforceable by any court or regulatory or
self-regulatory agency or body,  such invalidity or
unenforceability shall attach only to such provision. 
The validity of the remaining provisions shall not be
affected thereby and this Bill of Lading shall be
carried out as if such invalid or unenforceable
provisions were not contained herein.
23. JURISDICTION AND LAW CLAUSE
(1) The contract evidenced by or contained in this Bill
of Lading shall be governed by, and any claim or dispute
arising hereunder or in connection herewith must be
submitted to and be determined by the US Federal Court
of the Southern District of New York in accordance with
the laws of the United States of America. to whose
jurisdiction both the Merchant and the Carrier
irrevocably agree to submit.
(Version: 0805)

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