RULE: 8 - BILL(S) OF LADING Eff: 12SEP1995

Effective 12SEP1995
Filed 09AUG1995
Filing Codes I

 
 1. (a) Except as otherwise provided herein, this Bill
        of Lading shall have effect subject to the
        provisions of the Carriage of Goods by Sea Act
        of the United States of America, approved
        April 16, 1936, which shall not be deemed a
        surrender by the Carrier of any of its rights
        or immunities or an increase of any of its
        responsibilities or liabilities under said Act.
        The provisions stated in said Act (except as
        otherwise specifically provided herein) shall
        govern before loading on and after discharge
        from the vessel and throughout the entire time
        the Goods are in the custody of the Carrier.
        If this Bill of Lading is issued or delivered in
        a locality where there is in force a compulsorily
        applicable Carriage of Goods by Sea Act,
        Ordinance or Statute of a nature similar to the
        International Convention for the Unification of
        Certain Rules Relating to Bills of Lading dated
        at Brussels, August 25, 1924, it shall be subject
        to the provisions of said Act, Ordinance or
        Statute and rules thereto annexed.
    (b) The Carrier shall be entitled to the full benefit
        of, and right to, all limitations of or
        exceptions from, liability authorized by any
        provisions of Sections 4281 to 4288, inclusive,
        of the Revised Statutes of the United States
        and amendments thereto and of any other provisions
        of the laws of the United States or of any other
        country whose laws shall apply.
 
 2. In this Bill of Lading:
    (a) "Carrier" means and includes
        Carrier named on the face side hereof, the vessel,
        her owner, Master, operator, demise character,
        and if bound hereby, the time charterer, and
        any substitute Carrier whether the owner,
        operator, charterer or Master shall be acting
        as carrier or bailee.
    (b) "Vessel" means and includes the ocean vessel on
        which the Goods are shipped, named on the face
        hereof, or any substitute vessel, also any
        feedership, ferry, barge, lighter or any other
        watercraft used by the Carrier in the performance
        of this contract.
    (c) "Merchant" means and includes the shipper, the
        consignee, the receiver, the holder of this
        Bill of Lading, the owner of the Goods or person
        entitled to the possession of the Goods and the
        servants or agents of any of these.
    (d) "Charges" means and includes freight and all
        expenses and money obligations incurred and
        payable by the Merchant.
    (e) "Goods" means and includes the cargo received
        from the shipper and described on the face
        side hereof and any Container not supplied
        by or on behalf of the Carrier.
    (f) "Container" means and includes any container,
        van, trailer, transportable tank, flat, pallet
        or any similar article of transport.
    (g) "Person" means and includes an individual,
        corporation, partnership or other entity as the
        case may be.
    (h) "Participating Carrier" means and shall include
        any other water, land or air carrier performing
        any stage of the Combined Transport.
 3. It is understood and agreed that other than the said
    Carrier, no person whatsoever (including the Master,
    officers and crew of the vessel, all servants, agents,
    employees, representatives, and all stevedores,
    terminal operators, crane operators, watchmen,
    carpenters, ship cleaners, surveyors and other
    independent contractors whatsoever) is or shall be
    deemed to be liable with respect to the goods as
    carrier, bailee or otherwise howsoever, in contract
    or in tort.  If, however, it should be adjudged
    that any other than said carrier is under any
    responsibility with respect to the Goods, all
    limitations of and exonerations from liability
    provided by law or by the terms hereof shall be
    available to such other persons as herein described.
    In contracting for the foregoing exemptions,
    limitations and exonerations from liability, the
    Carrier is acting as agent and trustee for and on
    behalf of all persons described above, all of
    whom shall to this extent be deemed to be a party
    to this contract evidenced by this Bill of Lading,
    it being always understood that the said
    beneficiaries are not entitled to any greater or
    further exemptions, limitations or exonerations from
    liability, than those that the Carrier has under this
    Bill of Lading in any given situation.
 4. Subject to all rights, privileges and limitations
    of and exonerations from liability granted to the
    ocean carrier under this Bill of Lading or by law,
    any liability by the respective participating
    carriers for loss or damage to the Goods or packages
    carried hereunder shall be governed by the following:
      (a) If loss or damage occurs while the goods or
          packages are in the custody of the ocean
          carrier, only the ocean carrier shall be
          responsible therefore, and any liability of
          the ocean carrier shall be determined by the
          terms and conditions of this Bill of Lading
          and any law compulsorily applicable.
      (b) If loss or damage occurs while the Goods or
          packages are in the custody of a participating
          domestic or foreign Carrier, only the
          participating domestic or foreign Carrier(s)
          shall be responsible therefore, and any
          liability of such participating domestic or
          foreign Carrier(s) shall be determined, in
          respective order, by the terms, conditions
          and provisions of the applicable participating
          domestic or foreign Carrier's Bill(s) of Lading,
          whether issued or not, tariff(s) and law
          compulsorily applicable in the circumstances.
      (c) Notwithstanding subdivision (a) and (b) hereof,
          it is contemplated that the Goods or packages
          will from time to time be carried in through
          transportation that will include inland
          transportation within the United States by
          Railroad and sea carriage by one or more of
          the other Carriers above defined (When used
          on or endorsed on this Bill of Lading the words
          "on board" shall mean and include on board the
          original carrying vessel when the Goods or
          packages are being transported from the
          continental United States to a foreign port or
          place "on board" shall mean and include on
          board a rail car operated by the originating
          carrier and enroute by rail to the port of
          loading for loading on board the Carrier's or
          participating Carrier's vessel).
      (d) If loss or damage occurs after receipt of the
          Goods or packages hereunder, and it cannot be
          determined from the records of the ocean
          Carrier or participating domestic or foreign
          Carrier(s) whether such damage or loss occurred
          during ocean, domestic or foreign carriage, it
          shall be conclusively presumed that the loss or
          damage occurred on board the vessel and while
          the Goods or packages were in the custody of
          the ocean Carrier.
      (e) At all times when the Goods or packages are in
          the custody of the above-mentioned participating
          domestic or foreign Carriers, such Carriers
          shall be entitled to all the rights, defenses,
          exceptions from or limitations of liability
          and immunities of whatsoever nature referred
          to or incorporated herein applicable or granted
          to the Carrier as herein defined, to the full
          extent permitted to such domestic and foreign
          Carriers under this Bill(s) of Lading, tariffs
          and any other laws applicable or relating
          thereto, provided however, that nothing
          contained in this Bill of Lading shall be
          deemed a surrender by these domestic or foreign
          Carriers of any of their rights and immunities
          or an increase of any of their limitations of
          and exonerations from liability under their
          said Bill(s) of Lading, tariffs or laws
          applicable or relating to said carriage.
      (f) In making any arrangements for transportation
          by participating domestic or foreign Carriers
          of the Goods or packages carried hereunder,
          either before or after ocean carriage, it is
          understood and agreed that the ocean Carrier
          acts solely as agent of the Merchant, without
          any other responsibility whatsoever, and it
          assumes no responsibility as Carrier for such
          domestic or foreign tranportation.
      (g) Notice of loss or damage and claim against the
          ocean Carrier, where applicable, shall be
          given to the ocean Carrier, and suit commenced
          as provided for in Clauses 30 and 31 hereof.
          Notice of loss or damage against the
          participating domestic or foreign Carrier(s),
          where applicable, shall be filed with the
          participating domestic or foreign Carrier(s)
          and suit commenced as provided for in the terms,
          conditions and provisions of said Carrier(s)
          Bill(s) of Lading or by law applicable thereto.
          It is understood by the Merchant that such
          terms, conditions and provisions, as they
          pertain to notice of, and claim for, loss or
          damage and commencement of suit, contain
          different requirements than those requirements
          pertaining to ocean Carriage as contained in
          Clauses 30 and 31 hereof.
 5. The goods carried hereunder are subject to all the
    terms and provisions of the Carrier's applicable
    Tariff or Tariffs on file with the Federal Maritime
    Commission, Interstate Commerce Commission or any
    other regulatory body which governs a particular
    portion of this carriage, and the terms and provisions
    of the said Tariff or Tariffs are hereby incorporated
    herein as part of the Terms and Conditions of this
    Bill of Lading.  Copies of the relevant provisions
    of the applicable Tariff or Tariffs are obtainable
    from the Carrier, Federal Maritime Commission,
    Interstate Commerce Commission or other regulatory
    body upon request.  In the event of any conflict
    between the terms and provisions of such Tariff or
    Tariffs and the Terms and Conditions of this Bill
    of Lading, this Bill of Lading shall prevail.
 6. The Merchant warrants that in agreeing to the Terms
    and Conditions hereof, he is, or has authority of,
    the person owning and entitled to the possession of
    the Goods and this Bill of Lading.
 7. (a) The Carrier shall be entitled to sub-contract on
        any terms the whole or any part of the carriage,
        loading, unloading, storing, warehousing, handling
        and any and all duties whatsoever undertaken
        by the Carrier in relation to the Goods.
    (b) As to through transportation, the Carrier
        undertakes to procure such services as necessary
        and shall have the right at its sole discretion
        to select any mode of land, sea or air transport
        and to arrange participation by other Carriers
        to accomplish the combined transport from place
        of receipt to place of delivery.  Whenever any
        stage of the combined transport is accomplished
        by any land or air Carrier or any other water
        Carrier, each such stage shall be controlled
        according to any law compulsorily applicable
        to such stage and according to the contracts,
        rules and tariffs of each participating Carrier,
        the same as if such contracts, rules and tariffs
        were fully set forth herein.
 8. The Carrier shall be entitled but under no
    obligation to open any Container at anytime and to
    inspect the contents unless applicable law prohibits
    same.  If it thereupon appears that the contents or
    any part thereof cannot safely or properly be carried
    or carried further, either at all or without
    incurring any additional expense or taking any
    measures in relation to the Container or its contents
    or any part thereof, the Carrier may abandon the
    transportation thereof and/or take any measures
    and/or incur any reasonable additional expense to
    carry or to continue the carriage or to store the
    same ashore or afloat under cover or in the open, at
    any place, which storage shall be deemed to
    constitute due delivery under this Bill of Lading.
    The Merchant shall indemnify the Carrier against
    any unreasonable additional expense so incurred.
 9. Carrier may containerize any Goods or packages.
    Containers may be stowed on deck or under deck and
    when so stowed shall be deemed for all purposes to
    be stowed under deck, including for General Average
    and U.S. Carriage of Goods by Sea Act, 1936 and
    similar legislation.
10. Deck cargo (except goods carried in containers on
    deck) and live animals are received and carried
    solely at Merchant's risk (including accident or
    mortality of animals), and the Carrier shall not
    in any event be liable for any loss or damage
    thereto arising or resulting from any matters
    mentioned in Section 4, Sub-Section 2(a) to (p),
    inclusive, of the United States Carriage of Goods
    by Sea Act, or from any other cause whatsoever not
    due to the fault of the Carrier, any warranty of
    seaworthiness in the premises being hereby waived,
    and the burden of proving liability being in all
    respects upon the Merchant.  Except as provided
    above, such shipments shall be deemed Goods and shall
    be subject to all terms and provisions of this Bill
    of Lading relating to Goods.
11. Special containers with heating or refrigeration
    units will not be furnished unless contracted for
    expressly in writing at time of booking and, when
    furnished, may entail an increased freight rate or
    charge.  Shipper shall advise Carrier of desired
    temperature range when delivering Goods to Carrier,
    and Carrier shall exercise due diligence to maintain
    the temperature within a reasonable range while the
    containers are in its custody or control.  The Carrier
    does not, however, accept any responsibility for the
    functioning of heated or refrigerated containers
    not owned or leased by Carrier.
12. The scope of the voyage herein contracted for shall
    include usual or customary or advertised ports of
    call whether named in this contract or not, also
    ports in or out of the advertised, geographical or
    usual route or order, even though in proceeding
    thereto the vessel may sail beyond the port of
    discharge named herein or in a direction contrary
    thereto, or return to the original port, or depart
    from the direct or customary route and includes all
    canals, straits, and other waters.  The vessel
    may call at any port for the purpose of the current,
    prior or subsequent voyages.  The vessel may omit
    calling at any port whether scheduled or not,
    and may call at the same port more than once, may
    discharge the goods during the first or subsequent
    call at the port of discharge, may for matters
    occurring before or after loading, and either with
    or without the goods on board, and before or after
    proceeding towards the port of discharge, adjust
    compasses, drydock with or without cargo on board,
    stop for repairs, shift berths, make trial trips or
    tests, take fuel or stores, remain in port, lie on
    bottom, aground or at anchor, sail with or without
    pilots, tow and be towed, and save or attempt to save
    life or property, and all of the foregoing are
    included in the contract voyage.  The vessel may
    carry contraband, explosives, munitions, warlike
    stores, hazardous cargo, and sail armed or unarmed,
    and with or without convoy.
 
    The Carrier's sailing schedules are subject to change
    without notice, both as to the sailing date and date
    of arrival.  If this is a Through Bill of Lading,
    no Carrier is bound to transport the shipment by
    any particular train, truck, aircraft, vessel or
    other means of conveyance, or in time for any
    particular market or otherwise.  No Carrier shall be
    liable for delay and any Carrier shall have the right
    to forward the goods by substitute Carrier.
13. If at any time the performance of the contract
    evidenced by this Bill of Lading is or is likely
    to be affected by any hindrance, risk, delay,
    difficulty or disadvantage of whatsoever kind
    which cannot be avoided by the exercise of reasonable
    endeavours, the Carrier (whether or not the transport
    is commenced) may without notice to the Merchant
    treat the performance of this contract as terminated
    and place the Goods or any parts of them at the
    Merchant's disposal at any place or port which the
    Carrier may deem safe and convenient, whereupon the
    responsibility of the Carrier in respect of such
    Goods shall cease.  The Carrier shall nevertheless
    be entitled to full freight and charges on Goods
    received for transportation and the Merchant shall
    pay any additional costs of carriage to and delivery
    and storage at such place or port.
14. If the Carrier makes a special agreement, whether
    by stamp hereon or otherwise, to deliver the Goods
    at a specified dock or place, it is mutually agreed
    that such agreement shall be construed to mean
    that the Carrier is to make such delivery only if,
    in the sole judgment of the Carrier, the vessel can
    get to, lie at, and leave said dock or place, always
    safely afloat, and only if such dock or place is
    available for immediate receipt of the Goods and that
    otherwise the Goods shall be discharged as otherwise
    provided in this Bill of Lading, whereupon all
    responsibility of Carrier shall cease.
15. The port authorities are hereby authorized to grant
    a general order for discharging immediately upon
    arrival of the vessel and the Carrier, without giving
    notice either of arrival or discharge, may,
    immediately upon arrival of the vessel at the
    designated destination, discharge the goods
    continuously, Sundays and Holidays included at all
    such hours by day or by night as the Carrier may
    determine no matter what the state of the weather
    or custom of the port may be.
 
    The Carrier shall not be liable in any respect
    whatsoever if heat or refrigeration or special
    cooling facilities shall not be furnished during
    loading or discharge or any part of the time that
    the Goods are upon the wharf, craft or other loading
    or discharging place.
 
    Landing and delivery charges and pier dues shall be
    at the expense of the Goods unless included in the
    freight herein provided for.  If the Goods are not
    taken away by the consignee by the expiration of the
    next working day after the Goods are at his disposal,
    the Goods may, at Carrier's option and subject to
    Carrier's lien, be sent to store or warehouse or
    be permitted to lie where landed, but always at the
    expense and risk of the Goods.  The responsibilites
    of the Carrier in any capacity shall altogether
    cease and the Goods shall be considered to be
    delivered and at their own risk and expense in every
    respect when taken into the custody of Customs or
    other Authorities, or into that of any municipal
    or governmental concessionaire or depository.
    The Carrier shall not be required to give any
    notification of disposition of the Goods, except
    as may be otherwise provided in this Bill of Lading.
16. At ports or places where, by local law, authorities,
    or custom, the Carrier is required to discharge
    cargo to lighters or other craft, or where it
    has been so agreed, or where wharves are not
    available which the ship can get to, lie at, or
    leave, always safely afloat, or where conditions
    prevailing at the time render discharge at a wharf
    dangerous, imprudent, or likely to delay the vessel,
    the Merchant, shall promptly furnish lighters or other
    craft to take delivery alongside the ship, at the
    risk and expense of the Goods.  If the Merchant,
    fails to provide such lighters or other craft,
    Carrier, acting solely as agent for the Merchant,
    may engage such lighters or other craft at the risk
    and expense of the Goods.  Discharge of the Goods
    into such lighters or other craft shall constitute
    proper delivery and any further responsibility
    of Carrier with respect to the Goods shall
    thereupon terminate.
17. The carrier shall have liberty to comply with any
    order or directions or recommendations in connection
    with the transport under this contract of carriage
    given by any Government or Authority or anyone acting
    or purporting to act on behalf of such Government
    or Authority, or having, under the terms of the
    mortgage or insurance on the vessel or other
    transport, the right to give such orders, directions
    or recommendations.  Discharge or delivery of the
    Goods in accordance with the said order or directions
    or recommendations shall be deemed a fulfillment of
    the contract.  Any extra expense incurred in connection
    with the exercise of the Carrier's liberty under
    this clause shall be paid by the Merchant in addition
    to freight and charges.
18. Whenever the Carrier or Master may deem it advisable,
    or in any case where goods are destined for port(s)
    or place(s) at which the vessel or participating
    carriers will not call, the Carrier may, without
    notice, forward the whole or any part of the shipment,
    before or after loading at the original port of
    shipment, or any other place or places even though
    outside the scope of the voyage or the route to
    or beyond the port of discharge or the destination
    of the Goods, by water, by land or by air or by any
    combination thereof, whether operated by the Carrier
    or others and whether departing or arriving or
    scheduled to depart or arrive before or after the
    ship expected to be used for the transportation of
    the shipment.  The Carrier may delay forwarding
    awaiting a vessel or conveyance in its own service
    or with which it has established connections.  In
    all cases where the shipment is delivered to another
    Carrier or to a lighter, Port Authority, warehouseman
    or other bailee for transshipment, the liability
    of this Carrier shall absolutely cease when the
    Goods are out of its exclusive possession and shall
    not resume, until the Goods again come into its
    exclusive possession, and the responsibility of
    this Carrier during any such period shall be that of
    an agent of the Merchant and this Carrier shall be
    without any other responsibility whatsoever.  The
    carriage by any transshipping or On-Carrier and all
    transshipment or forwarding shall be subject to all
    the terms whatsoever in the regular form of Bill of
    Lading, consignment note, contract or other
    shipping document used at the time by the Carrier
    performing such transshipment or forwarding.
19. In any situation whatsoever and wheresoever
    occurring and whether existing or anticipated before
    commencement of or during the combined transport,
    which in the judgement of the Carrier or the Master
    is likely to give rise to risk of capture, siezure,
    detention, damage, delay or disadvantage or loss to
    the Carrier or any part of the Goods, to make it
    unsafe, imprudent or unlawful for any reason to
    receive, keep, load, or carry the goods, or commence
    or proceed on or continue the transport or to enter
    or discharge the goods or disembark passengers at
    the port of discharge, or the usual or agreed or
    intended place of discharge or delivery, or to give
    rise to delay or difficulty in proceeding by the usual
    or intended route, the Carrier or the Master may
    decline to receive, keep, load or carry the Goods or
    may devan container(s) contents or any part thereof
    and may require the Merchant to take delivery of the
    Goods at the place of receipt of any other point in
    the combined transport and upon failure to do so,
    may warehouse the Goods at the risk and expense
    of the Goods, or the vessel, whether or not
    proceeding towards or entering or attempting to
    enter a port of discharge, or reaching or attempting
    to reach a usual place of discharge therein  or
    attempting to discharge the shipment, may discharge
    the Goods and/or devan the contents of any
    container(s) at another port, depot, lighter, craft,
    or other place, or may forward or transship them as
    provided in this Bill of Lading, or the Carrier
    or the Master may retain the Goods, vanned or
    unvanned, on board until the return of the vessel
    to the port of loading or to the port of discharge
    or until such time as the Carrier or the Master thinks
    advisable and discharge the Goods at any place
    whatsoever as herein provided.  The Carrier or the
    Master is not required to give notice of such
    devanning or of discharge of the Goods or of the
    forwarding thereof as herein provided.  When the Goods
    are discharged from the ship, as herein provided,
    such shall be at the risk and expense of the Goods.
    Such discharging shall constitute complete delivery
    and performance under this contract and the Carrier
    shall be free from any further responsibility,
    unless it be shown that any loss or damage to the
    Goods arose from Carrier's negligence in the
    discharge and delivery as herein provided, the burden
    of establishing such negligence being on the Merchant.
    For any service rendered to the Goods as herein above
    provided or for any delay or expense to the vessel
    caused as a result thereof, the Carrier shall be
    entitled to a reasonable extra compensation, and
    shall have a lien on the goods for such carriage.
    Notice of disposition of the Goods shall be mailed
    to shipper or consignee named in this Bill of Lading.
    Goods shut out from the vessel named herein for any
    cause may be forwarded on a subsequent vessel of
    this Line or, at Carrier's option, on a vessel of
    another Line or by other mode of transportation.
20. Notwithstanding the foregoing, the Carrier shall
    neither be liable therefore, nor concluded as to,
    the correctness of any such marks, descriptions
    or representation.
 
    When any cargo unit owned or leased by Carrier is
    packed or loaded by shipper or its agent, or
    discharged by consignee or its agent, shipper,
    consignee, receiver, holder of this Bill of Lading,
    owners of the Goods and person entitled to the
    possession of the Goods shall be and remain liable,
    jointly and severally, for any loss or damage to
    the cargo unit during such loading or discharge,
    howsoever occurring, until the cargo unit is returned
    to Carrier's custody and, at tariff rates, for any
    delay beyond the time allowed for such loading or
    discharge, and for any loss, damage or expense
    incurred by Carrier as a result of the failure
    to return the cargo unit to the Carrier in the
    same sound condition and state of cleanliness
    as when received by shipper.  Such loss, damage,
    expense or delay shall constitute a lien on the
    Goods.
 
    Where a cargo unit is to be unpacked or unloaded
    by consignee or its agent, consignee or its agent
    shall promptly unpack or unload such cargo unit
    and take delivery of its contents, irrespective of
    whether the Goods are damaged or not.  Carrier shall
    not be liable for loss or damage caused to the Goods
    by or during such unpacking or unloading.
 
21. When containers, vans, trailers, transportable tanks,
    flats, palletized units, and all other packages
    (all hereinafter referred to generically as "cargo
    units") are not packed or loaded by Carrier, such
    cargo units shall be deemed shipped as "Shipper's
    weight, load and count".  Carrier has no reasonable
    means of checking the quantity, weight, condition
    or existence of the contents thereof, does not
    represent the quantity, weight, condition or
    existence of such contents, as furnished by the
    shipper and inserted in this Bill of Lading, to be
    accurate, and shall not be liable for nonreceipt
    or misdescription of such contents.  Carrier shall
    have no responsibility or liability whatsoever
    therefore or for the packing, loading, securing
    and/or stowage of contents of such cargo units, or
    for loss or damage caused thereby or resulting
    therefrom, or for the physical suitability or
    structural adequacy of such cargo units properly
    to contain their contents.
 
    The Merchant, whether principal or agent, by packing
    or loading the cargo unit and/or by allowing the
    cargo unit to be so packed or loaded, represents,
    guarantees and warrants: (a) that the Goods are
    properly described, marked and safely and securely
    packed in their respective cargo units; that such
    cargo units are physically suitable, sound and
    structurally adequate properly to contain and
    support the Goods during handling and on the
    transport; and that the cargo units may be handled
    in the ordinary course without damage to themselves
    or to their contents, or to the vessel or conveyance
    or to their other cargo, or property, or persons;
    (b) that all particulars with regard to the cargo
    units and their contents, and the weight of each
    said cargo unit, are in all respects correct, and
    (c) that they have ascertained and fully disclosed
    in writing to the Carrier and all participating
    Carriers on or prior to shipments, and condition,
    ingredient or characteristic of the Goods which
    might indicate that they are inflammable, explosive,
    corrosive, radioactive, noxious, hazardous or
    dangerous in nature, or which might cause damage,
    injury or detriment to the Goods, or to the vessel,
    conveyance or other cargo or to property or persons
    that they have complied fully with all statutes,
    ordinances and regulations of the Department of
    Transportation of the United States of America and
    all other regulatory bodies with respect to labeling,
    packaging and preparation for shipment of all such
    Goods.
 
    The shipper, consignee, receiver, holder of this
    Bill of Lading, owner of the Goods and persons
    entitled to the possession of the Goods jointly
    and severally agree fully to protect and indemnify
    Carrier, and to hold it harmless in respect of any
    injury or death of any person, or loss or damage to
    cargo or cargo unit or any other property, or to the
    vessel or conveyance or expense or fine arising out of
    or in anyway connected with breach of any of the
    foregoing representations or warranties, howsoever
    occurring, even without fault of shipper, consignee
    and/or owner of the Goods, and even though such
    injury, death, loss or damage is caused in whole or
    in part by the fault of the Carrier or unseaworthiness.
 
22. The Merchant and the Goods themselves shall be liable
    for and shall indemnify the Carrier, and the Carrier
    shall have a lien on the Goods for all expenses of
    mending, repairing, fumigating, repacking, coopering,
    baling, reconditioning of the Goods and gathering
    of loose contents of packages; also for expenses
    for repairing containers damaged while in the
    possession of the Merchant for demurrage on containers
    and any payment, expense, fine, dues, duty, tax,
    impost, loss, damage or detention sustained or
    incurred by or levied upon the Carrier, vessel or
    conveyance in connection with the Goods, howsoever
    caused, including any action or requirement of any
    government or governmental authority or person
    purporting to act under the authority thereof,
    seizure under legal process or attempted seizure,
    incorrect or insufficient marking, numbering or
    addressing of containers, packages or description
    of the contents, failure of the Merchant to procure
    consular, Board of Health or other certificates to
    accompany the Goods or to comply with laws or
    regulations or any kind imposed with respect to the
    Goods by the authorities at any port or place or
    any act or omission of the Merchant.  The Carrier's
    lien shall survive delivery and may be enforced by
    private or public sale and without notice.
 
23. Freight shall be payable, at Carrier's option, on
    actual gross intake weight or measurement or on
    acutal gross discharge weight or measurement
    or on a value or other basis.  Freight may be
    calculated on the basis of the particulars of the
    Goods furnished by the shipper herein, but the
    Carrier may, as previously stated herein, at any
    time open the packages or containers and examine,
    weigh, measure and value the Goods (unless applicable
    law prohibits same).  In case shipper's particulars
    are found to be erroneous and additional freight
    payable, the Merchant and the Goods shall be liable
    for any expense incurred for examining, weighing,
    measuring and valuing the Goods.  Full freight shall
    be paid on damaged or unsound goods.  Full freight
    hereunder to place of delivery named herein and
    advance charges (including on-Carrier's) shall be
    considered completely earned on receipt of the Goods
    by the Carrier, whether the freight be stated or
    intended to be prepaid or to be collected at
    destination; and the Carrier shall be entitled to
    all freight and charges, extra compensation,
    demurrage, detention, General Average, claims and
    any other payments made and liability incurred
    with respect to the Goods, whether actually paid
    or not, and to receive and retain them irrevocably
    under all circumstances whatsoever, vessel,
    conveyance and/or cargo lost, damaged or otherwise,
    or the combined transport changed, frustrated or
    abandoned.  In case of forced abandonment or
    interruption of the combined transport for any cause,
    any forwarding of the goods or any part thereof shall
    be at the risk and expense of the Goods.  All unpaid
    charges shall be paid in full, without any offset, coun-
    terclaim or deduction in the currency of the place of
    receipt or at Carrier's option, in the currency of the
    place of delivery at the demand rate of New York
    exchange as quoted on day of arrival of the Goods at
    the place of delivery.
      The Merchant shall be jointly and severally liable
    to the Carrier for the payment of all freight charges
    and the amounts due to the Carrier, and for any
    failure of either or both to perform his or their
    obligations under the provisions of the Bill of Lading,
    and they shall indemnify the Carrier against, and hold
    it harmless from, all liability, loss, damage and
    expense which the Carrier may sustain or incur arising
    or resulting from any such failure or performance
    by the Merchant.  Any person, firm or corporation
    engaged by any party to perform forwarding services
    with respect to the cargo shall be considered the
    exclusive agent of the Merchant for all purposes and
    any payment of freight to such person, firm or
    corporation shall not be considered payment to the
    Carrier in any event.  Failure of such person, firm or
    corporation to pay any part of the freight to the
    carrier shall be considered a default by the
    Merchant in the payment of the freight.
    The Carrier shall have a lien on the Goods and any
    documents relating thereto, which shall survive
    delivery, for all freight charges and damages of any
    kind whatsoever, and for the costs of recovering
    same, including expenses incurred in preserving this
    lien, and may enforce this lien by public or
    private sale and without notice.  The shipper,
    consignee, receiver, holder of this Bill of Lading,
    owner of the Goods and person entitled to the
    possession of the Goods shall be jointly and
    severally liable to the Carrier for the payment
    of all freight, charges and damages as aforesaid
    under and for the performance of this obligation of
    each of them hereunder.
 
24. Carrier shall not be liable for any consequential
    or special damages and shall have the option of
    replacing lost Goods or repairing damaged Goods.
 
25. The weight or quantity of any bulk cargo inserted
    in this Bill of Lading is the weight or quantity as
    ascertained by a third party other than the Carrier,
    and Carrier makes no representation with regard to
    the accuracy thereof.  This Bill of Lading shall not
    be deemed evidence against the Carrier of receipt of
    goods of the weight of quantity so inserted in the
    Bill of Lading.
 
26. Neither the Carrier nor any corporation owned by,
    subsidiary to or associated or affiliated with the
    Carrier shall be liable to answer for or make
    good any loss or damage to the Goods occurring at
    any time and even though before loading on or after
    discharge from the ship, by reason or by means of any
    fire whatsoever, unless such fire shall be caused by
    its design or neglect, or by its actual fault or
    privity. In any case where this exemption is not
    permitted by law, Carriers shall not be liable for
    loss or damage by fire unless shown to have been caused
    by Carrier's negligence.
 
27. If the vessel comes into collision with another
    vessel as a result of the fault or negligence of the
    other vessel and any act, neglect or default of the
    Carrier, Master, mariner, pilot or the servants of
    the Carrier in the navigation or in the management
    of the vessel, the Merchant will indemnify the
    carrier against all loss or liability to the other
    or non-carrying vessel or her owners insofar as such
    loss or liability represents loss of, or damage to,
    or any claim whatsoever of the Merchant, paid
    or payable by the other or non-carrying vessel or
    her owners to the Merchant and set-off, recouped or
    recovered by the other or non-carrying vessel  or
    her owners as part of their claim against the
    carrying vessel or Carrier.
      The foregoing provisions shall also apply where the
    owners, operators or those in charge of any vessel or
    vessels or objects other than, or in addition to,
    the colliding vessels or objects are at fault in
    respect of a collision, contact, stranding or other
    accident.
      This provision is to remain in effect in other
    jurisdictions even if unenforceable in the Courts
    of the United States of America.
 
28. General average shall be adjusted, stated and
    settled according to York-Antwerp Rules 1974,
    except Rule XII thereof, at such port or place as
    may be selected by the Carrier and as to matters
    not provided for by these Rules, according to the
    laws and usages of New York.
      In such adjustment, disbursements in foreign
    currencies shall be exchanged into United States
    money at the rate prevailing on the dates made
    and allowances for damage to cargo claimed in foreign
    currency shall be converted at the rate prevailing
    on the last day of discharge at the port or place
    of final discharge of such damaged cargo from the
    ship.  Average agreement or bond and such additional
    security as may be required by the Carrier must
    be furnished before delivery of the goods.  Such
    cash deposit as the Carrier or his agents may deem
    sufficient as additional security for the contribution
    of the goods and for any salvage and special charges
    thereon shall, if required, be made by the Goods,
    shippers, consignees or owners of the goods to the
    Carrier before delivery of the Goods.  Notwithstanding
    anything hereinbefore contained, such shall at the
    option of the Carrier be payable in United States
    currency and be remitted to the adjuster pending
    settlement of the General Average and refunds of
    credit balances, if any, shall be paid in United
    States currency.  In addition to the circumstances
    dealt with in the 1974 York-Antwerp Rules, it is
    agreed that if the Carrier has used due diligence
    in the stowage of cargo and if the safe prosecution of
    the voyage is thereafter imperiled in consequence
    of the disturbance of stowage, the costs of handling,
    discharge, reloading and restowing cargo shall be
    allowed in General Average, even though the handling
    of cargo is not necessary for the purpose of effecting
    repairs to the vessel.
      In the event of accident, danger or disaster, before
    or after commencement of the voyage resulting from
    any cause whatsoever, whether due to negligence or
    not, for which, or for the consequence of which,
    the Carrier is not responsible by statute, contract
    or otherwise, the Goods, the shipper, consignee,
    receiver, holder of the Bill of Lading, owner of the
    Goods and person entitled to the possession of the
    Goods, jointly and severally, shall contribute with
    the Carrier in General Average to the payment of any
    sacrifies, losses or expenses of a General Average
    nature that may be made or incurred and shall pay
    salvage and special charges incurred in respect
    of the Goods.  If a salving ship is owned or
    operated by the Carrier, salvage shall be paid for
    as fully and in the same manner as if such salving
    ship or ships were owned or operated by strangers.
    Cargo's contribution in General Average shall be
    paid to the shipowner even when such average is the
    result of fault, neglect or error of the Master, pilot,
    officers or crew.  The Merchant expressly renounces
    any and all codes, statutes, laws or regulations which
    might otherwise apply.
 
29. In case of any loss or damage to or in connection with
    Goods exceeding in actual value the equivalent of
    $500.00 lawful money of the United States, per package,
    or in case of Goods not shipped in packages, per
    shipping unit, the value of the Goods shall be deemed
    to be $500.00 per package or per shipping unit.  The
    Carrier's liability, if any, shall be determined
    on the basis of a value or $500.00 per package or
    per shipping unit or pro rata in case of partial
    loss or damage, unless the nature of the Goods and
    a valuation higher than $500.00 per package or per
    shipping unit shall have been declared by the
    shipper before shipment and inserted in this
    Bill of Lading, and extra freight paid if required.
    In such case, if the actual value of the Goods per
    package or per shipping unit shall exceed such
    declared value, the value shall nevertheless be deemed
    to be 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.  The words
    "shipping unit" shall mean each physical unit or
    piece of cargo not shipped in a package, including
    articles or things of any description whatsoever,
    except goods shipped in bulk, and irrespective
    of the weight or measurement unit employed in
    calculating freight charges.
      Where containers, vans, trailers, transportable
    tanks, flats, palletized units and other such packages
    are not packed by the Carrier, each individual such
    container, van, trailer, transportable tank,
    palletized unit and other such package including
    in each instance its contents, shall be deemed a
    single package and Carrier's liability limited to
    $500.00 with respect to each such package.
 
30. As to loss or damage to the Goods or packages
    occurring or presumed to have occurred during ocean
    voyage, unless notice of loss of or damage and the
    general nature of it be given in writing to the
    Carrier or its agent at the port of delivery before
    or at the time of the removal of the Goods or
    packages into the custody of the person entitled to
    delivery thereof under this Bill of Lading or, if
    the loss or damage be not apparent, within three
    consecutive days after delivery at the port of
    discharge, such removal shall be primafacie evidence
    of the delivery by the Carrier of the Goods or packages
    as described in this Bill of Lading.
 
31. As to loss or damage to the Goods or packages
    occurring or presumed to have occurred during ocean
    carriage, the Carrier and the vessel shall be
    discharged from all liability in respect of loss,
    damage, misdelivery, delay or in respect of any
    other breach of this contract and any claim
    whatsoever with repsect to the Goods or packages,
    unless suit is brought within one year after
    delivery of the Goods or package or the date when
    the Goods or package should have been delivered.
    Suit shall not be deemed brought unless jurisdiction
    shall have been obtained over the Carrier and/or
    the vessel by service of process or by an agreement
    to appear.
 
32. Gold, silver, specie, bullion or other valuables,
    including those named or described in Sec. 4281 of
    the Revised Statutes of the United States, will
    not be received by the Carrier unless their true
    character and value are disclosed to the Carrier
    and a special written agreement therefore has been
    made in advance, and will not, in any case, be loaded or
    landed by the Carrier.  No such valuables shall be
    considered received by or delivered to the Carrier
    until brought aboard the ship by the shipper and
    put in the actual possession of and written receipt
    therefor is given by the Master or other officer
    in charge.  Such valuables will only be delivered by
    the Carrier aboard the ship on presentation of bills
    of lading properly endorsed and upon such delivery on
    board the Carrier's responsibility shall cease.  If
    delivery is not so taken promptly after the ship's
    arrival at the port of discharge, the goods may be
    retained aboard or landed or carried on, solely at
    the risk and expense of the goods.
 
33. It is agreed that superficial rust, oxidation or
    any like condition due to moisture, is not a condition
    of damage but is inherent to the nature of the cargo;
    and acknowledgement of receipt of the Goods in
    apparent good order and condition is not a
    representation that such conditions of rust,
    oxidation and the like did not exist on receipt.
 
34. Nothing in this Bill of Lading shall operate to
    deprive the Carrier of any statutory protection or
    exemption from, or limitiation of, liability,
    contained in the laws of the United States, or in
    the laws of any other country which may be applicable.
    This Bill of Lading shall be construed according to
    the laws of the United States and the Merchant agrees
    that any suits against the Carrier shall be brought
    in the Federal Courts of the United States.  The
    terms of this Bill of Lading shall be separable, and
    if any part or term hereof shall be held invalid,
    such holding shall not affect the validity or
    enforceability of any other part or term hereof.

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Effective Tariff Management Corporation (ETM)
4000 Mitchellville Road, Suite 326-B
Bowie, MD 20716
Phone: (301) 262-0200 Fax: (301) 262-0039 e-mail: etmcorp@aol.com
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