RULE: 8 - BILL(S) OF LADING Eff: 01APR2024

Effective 01APR2024
Filed 01APR2024
Filing Codes I

(Definitions) When used in this Bill of Lading (A)
"Ocean Carrier" means the company which performs the sea
carriage of Goods, and the vessel, her owner, and demise
charterer, whether any of the preceding parties is
acting as ocean carrier, non-vessel operating common
carrier, or bailee.
(B) "Inland Carrier" means carriers (other than the
Ocean Carrier) by land, water or air, participating in
combined transport of the Goods, whether acting as
carrier or bailee. (C) "Combined Transport" means
carriage   of the Goods under this Bill of Lading from
place of receipt from Merchant to place of delivery to
Merchant by the Ocean Carrier plus one or more Inland
Carriers. (D) "Port-to-Port Transportation" means where
Carrier has only arranged carriage of the Goods under
this Bill of Lading between the Port of Loading and the
Port of Discharge identified on the face hereof. (E)
"Merchant" includes the shipper, consignor, consignee,
owner, and receiver of the Goods and the holder of this
Bill of Lading and any person with an interest in the
Goods. (F) "Goods" mean the cargo described on the face
of this Bill of Lading and, if the cargo is packed into
container(s) supplied or furnished by or on behalf of
the Merchant, include the container(s) as well. (G)  
"Vessel" includes the vessel named on the face of this
Bill of Lading and any ship, craft, lighter, barge or
other means of transport that is substituted in whole or
in part for that vessel. (H)   "Container" includes any
containers (including an open top container) flat rack,
platform, trailer, transportable tank, pallet or any
other device used for transportation of goods. (I)  
"Laden on Board" or similar words endorsed on this Bill
of Lading means that the Goods have been loaded on board
the Vessel or are in the custody of the Ocean Carrier. 
"On Board" means that the Goods have been loaded on
board rail cars or other means    of Inland carriage or
are in the custody of a participating railroad or other
Inland Carrier. (J) "Subcontractor" includes stevedores,
longshoremen, lighterers, terminal operators,
warehousemen, truckers, agents, servants, and any
person, firm, corporation or other legal entity which
performs Carriage of the Goods or any services

the United States of America. (L)    Carriage    means
carriage of the Goods under the Bill of Lading from
place of receipt to place of delivery identified on the
face hereof by the Carrier and, if applicable, one or
more Subcontractors and includes any and all incidental
handling and services provided or arranged in
furtherance thereof. (M)    Carrier    means Best Freight
Forwarding, LLC (FMC No. 033432), and any other carrier
or company which performs the sea carriage of Goods,
whether any of the preceding parties is acting as
carrier or bailee, on whose behalf this Bill of Lading
has been executed.
(Clause Paramount) (A) Insofar as this Bill of Lading
covers Carriage of Goods by water between ports other
than to or from the United States, this Bill of Lading
shall have effect subject to the provisions of the
"Hague Rules", namely the International Conventions for
the Unification of Certain Rules Relating to Bills of
Lading, dated at Brussels, August 25, 1924,  as  amended
(including, where enacted, the Protocol dated at
Brussels, February 23, 1968, known as the Visby Rules),
as    enacted in the country of origin. When no such
enactment is in force in the country of shipment or is
otherwise compulsorily applicable, the Hague Rules as
enacted in the country of destination shall apply. When
no such enactment is in force in the country of shipment
or in the country of destination, or is otherwise
compulsorily applicable, the terms of the Hague Rules as
enacted by the Convention shall apply.   (B)   If this
Bill    of Lading covers the Carriage of Goods moving to
or fromthe United States, then Carriage of such goods
shall be subject to the provisions of the United States
Carriage of Goods by Sea Act, 1936, 46 U.S.C. 30701
(note) as amended (hereinafter "U.S. COGSA"), the terms
of which shall be incorporated herein. The provisions of
U.S. COGSA shall (except as otherwise specifically
provided in this Bill of Lading) govern throughout the
time when the Goods are in the custody of the Carrier
and any other water carrier and as otherwise provided in
this Bill of Lading. (C) If any legislation, statute,
law, treaty, or other rule is compulsorily applicable to
any business undertaken and  may not be waived by the
Merchant and Carrier by contract (   Compulsory Law   ),
these Conditions shall, as  regards such business, be
read as subject to any such Compulsory Law,  and nothing
in these Conditions shall  be construed as a surrender
by the Carrier of any of its rights or immunities or as
an enlargement of any of its  responsibilities or
liabilities under such Compulsory Law. If any part of
this Bill of Lading is inconsistent with any  such
Compulsory Law, that Compulsory Law shall prevail and
shall be considered a part of this contract  only to the
extent such Compulsory Law applies, and no further.
(Law and Jurisdiction) This Bill of Lading is deemed to
have been drawn in accordance with the statutes and laws
of the state of California All disputes against Carrier
arising from the shipment to which this Bill of Lading
pertains may be litigated only in the United States
District Court for the Eastern District of California
and Merchant and Carrier each agree that they are
subject to the personal jurisdiction of said court and
each waives any challenges as to venue in, or
jurisdiction of, said court, provided that if said court
lacks subject matter jurisdiction over the dispute, then
the dispute shall be heard by the California state
courts serving Madera County
(Limitation of Liability Statutes) Nothing in this Bill
of Lading shall operate to limit or deprive the Carrier
of any statutory protection, exemption from, or
limitation of liability authorized by the applicable
laws, statutes, or regulations of any country.
(Sub-Contracting: Exemptions and Immunities of
Subcontractors) (A) The Carrier shall be entitled   to
subcontract on any terms the whole or part of the
handling, storage, or carrier of the Goods and any and
all duties whatsoever undertaken by the Carrier in
relation to the Goods. (B) Merchant warrants that no
claim shall be made against any person by whom the
services provided pursuant to this Bill of Lading is
performed or undertaken (including Carrier   s servant, 
agent, Subcontractor (as defined in Article 1 (J), or
sub-subcontractor), that imposes or attempts to impose
upon any of them or any vessel owned or operated by any
of them any liability in connection with the Goods, and,
if any such claims should nevertheless be made, to
indemnify, defend, and hold the Carrier harmless against
all consequences of such claims. (C)  Without prejudice
to the foregoing, every Subcontractor (and
Subcontractor's Subcontractor) shall have the benefit of
all provisions in this Bill of Lading for the benefit of
the Carrier as if such provisions were expressly for the
Subcontractor's benefit. In entering into this contract,
the Carrier, to the extent of those provisions, does so 
 not only on its own behalf of such Subcontractors.
(Route to Transport) (A) The Goods may, at the Carriers
absolute discretion, be carried as a single shipment or
as several shipments by the Vessel and/or any other
means of transport by land, water, or air and by   any
route whatsoever, whether or not such route is the
direct, advertised, or customary route. (B)  The Vessel
shall have liberty to call and/or stay at any port or
place in or out of the direct, advertised, or customary
route, once or more often and in any order, and/or to
omit calling at any port or place whether scheduled or
not. (C) The Vessel shall have liberty , either with or
without the Goods on board and either before or after
proceeding toward the port of discharge to adjust to
compasses and other navigational instruments, make trial
trips or tests, dry dock, go to repair yards, shift
berths, take on fuel or stores, embark or  disembark 
any  person,  carry contraband, explosives, munitions,
war-like stores and hazardous cargo, sail with or
without pilots, tow  or  be  towed, and save or attempt
to save life or property. (D) If the Goods in whole or
in part are for any reason not carried on the Vessel
named in this Bill of Lading, or if loading the Goods is
delayed or is likely to detain the   Vessel, the Vessel
may proceed without carrying or loading the Goods in
whole or in part and notice to merchant   of such
sailing is hereby waived. Carrier may forward the Goods
under the terms of this Bill of Lading on   the next
available ship or at Carrier's option by any other means
of transportation, whether by land, water or air. (E) At
Carrier's option and without notice to Merchant, another
ship or ships may be substituted for   the Vessel named
in this Bill of Lading, whether or not the substitute
ship is owned or operated by Carrier or arrives or
departs, or is scheduled to arrive or depart, before or
after the Vessel named by this Bill of Lading.
(F) Any action taken by the Carrier under this Article 6
shall be deemed to be included within the contractual
carriage and such action, or delay resulting therefrom,
shall not be considered a deviation. Should the Carrier
be held liable in respect of such action, the Carrier
shall be entitled to the full benefit of all privileges,
rights, and immunities contained in this Bill of Lading.
(Responsibility) (A) Insofar as this Bill of Lading is
used for Port-to-Port Transportation of the Goods, the 
Carrier shall not be responsible for loss of or damage
to the  Goods  caused  before  loading  or  after
discharge "Loading" shall be deemed to commence with the
hooking on the vessel's tackle, or if not using the
vessel's tackle, with the receipt of the Goods on deck
or in the hold of (if the Goods are in bulk liquid) in
the    vessel's permanent pipe connections. "Discharge"
shall be deemed to be completed when the Goods have been
unhooked from the vessel's tackle, are removed from the
vessel's deck or passed beyond the vessel's permanent
pipe connections.  (B) Insofar as this Bill of Lading is
used for combined transport of the Goods, the
responsibility  of Carrier will commence at the time the
Goods are first taken into custody of Carrier or a
Subcontractor at the applicable origin (if such origin
is the port of loading, then at the time of Loading onto
the vessel as defined in subparagraph (A) above), and
will terminate at the earlier of delivery at the
applicable destination (if destination is a port of
discharge, then at the time of Unloading from the vessel
as defined in subparagraph (A) above) or the time that
Carrier abandons the attempt at delivery in accordance
with the liberties accorded to it herein. (C)
Notwithstanding foregoing Article 7 (A) or 7 (B), the
Carrier does not undertake that the Goods shall arrive
at the port of discharge or place of delivery at any
particular time or in time to meet any particular market
or use, and the Carrier shall not be responsible for any
direct or indirect loss or damage that is caused through
delay. (D)  If this Bill of Lading is used for
Port-to-Port Transportation, the column indicating final
destination on the face of this Bill of Lading is solely
for the purpose of the Merchant's reference, and the
Carrier's responsibility for the Goods shall in all
cases cease at the time of discharge of the Goods at the
port of discharge.
(Liberties) (A) In any situation whatsoever whether or
not existing or anticipated before commencement of or
during the transport, which in the judgement of the
Carrier (including for the purpose of this Article the
Master and any person charged with the transport or
safekeeping of the Goods) has given or is likely to give
rise to  danger, injury, loss, delay, or disadvantage of
whatsoever nature to  the Vessel, the  Carrier, and
Subcontractor, a vehicle,  any person, the Goods or any
property, or has rendered or is likely to render it in
any way unsafe, impracticable, unlawful, or against the
interest of the Carrier or the Merchant to commence or
continue the transport or to discharge the Goods at the
port of discharge or to deliver the Goods at the place
of delivery by the route and in the manner originally
intended by the Carrier, the Carrier (1) at any time
shall be entitled to unpack  the container(s) or
otherwise dispose of the Goods in such way as the
Carrier may deem  advisable at the risk and expense of
the Merchant and/or (2) before the Goods are loaded on
the Vessel, a vehicle, or other means of transport at
the place of receipt or port of loading, shall be
entitled to cancel the contract of carriage without
compensation and to require the Merchant to take
delivery of the Goods and, upon his failure  to  do  so,
 to warehouse or place them  at any place selected by
the Carrier at the risk and expense of the Merchant     
and/or (3) if the Goods are at a place awaiting
transshipment, shall be entitled to terminate the
transport there and     to store them at any place
selected by the Carrier at the risk and expense of the
Merchant, and/or (4) if the Goods are loaded on the
Vessel, a vehicle, or other means of transport whether
or not approaching, entering, or attempting to enter the
port of discharge or to reach the place of delivery or 
attempting  or  commencing  to discharge, shall be
entitled to discharge the Goods or any part of them at
any port or place selected by the Carrier or to carry
them back to the port of loading  or place of receipt
and  there discharge them. Any actions under (3) or (4)
above shall constitute complete and final delivery and
full performance of this contract, and the Carrier
thereafter shall be free from any responsibility for
carriage of the Goods.
(B) If, after storage, discharge, or any actions
according to subpart (A) above the Carrier makes
arrangements to store and/or forward the Goods, it is
agreed that he shall do so only as agent for and at the
sole risk and expense of the Merchant without any
liability whatsoever in respect of such agency. The
Merchant shall reimburse the Carrier forthwith upon
demand for all extra freight charges and expenses
incurred for any actions taken according to subpart (A),
including delay or expense to the Vessel, and the
Carrier shall have a lien upon the Goods to that extent.
(C) The situations referred to in subpart (A) above
shall include, but shall not be limited to, those caused
by the existence or apprehension of war declared or
undeclared, hostilities, riots, civil commotions, or
other disturbances closure of, obstacle in, or danger to
any port or canal,  blockade,  prohibition,  or 
restriction  on  commerce  or trading quarantine,
sanitary, or other similar regulations or restrictions,
strikes, lockouts or other labor troubles whether
partial or general and whether or not involving
employees of the Carrier or its Subcontractors,
congestion of port, wharf, sea terminal, or similar
place, shortage, absence or obstacles of labor or
facilities for loading, discharge, delivery, or other
handling of the  Goods, epidemics or diseases, bad 
weather, shallow  water, ice, landslip, or other
obstacles in navigation or carrier (D) The Carrier, in
addition to all other liberties provided for in this
Article, shall have liberty to comply with orders,
directions, regulations or suggestions as to navigation
or the carriage or handling of the Goods or the Vessel
howsoever given, by any actual or purported government
or public authority, or by any committee or person
having under the terms of any insurance on the Vessel,
the right to give  such  order, direction, regulation,
or suggestion. If by reason of and/or in compliance with
any such order, direction, regulation, or suggestions,
anything is done or is not done the same shall be deemed
to be included within the contractual carriage and shall
not be a deviation.
(Warranties of Merchant; Description and Particulars of
Goods) Merchant shall comply with all applicable laws,
rules and regulations of any government or government
agency of any country to, from, through, or over which
the Goods may be carried or which may be issued by any
agency.  Merchant warrants that: (i) it is either the
owner of the Goods or the authorized agent of the owner
of the  Goods described on the face hereof and further
warrants that it is authorized to accept and is
accepting the terms and conditions set forth herein not
only for itself but also as agent for and on behalf of
the owner of the Goods and all other  persons who are or
may hereafter become interested in the Goods; (ii) the
description and particulars of any  Goods furnished by
or on behalf of Merchant are complete, timely and
accurate, and do not contain any  irregularities; and
(iii) all Goods have been properly and sufficiently
prepared, packed, stowed, labeled, sealed,  identified
and/or marked  and  that  the  preparation,  packing, 
stowage,  labeling  and  marking  are   appropriate  to 
any  operations or transactions affecting the Goods and
characteristics of the Goods.  Any reference on the face
of this Bill of Lading to marks, numbers, description,
quantity, quality, gauge, weight, measure, nature, kind,
value, and any other particulars of the Goods, is as
furnished by the Merchant. The Carrier shall not be
responsible for the accuracy of any such reference and
is not bound thereby. The Merchant warrants to the
Carrier that the descriptions and particulars furnished
by him are correct, and the Merchant shall defend,
indemnify and hold the Carrier harmless against all
loss, damage, expenses, liability, penalties and fines
arising or resulting from inaccuracy of any description
or particular. Without limiting the foregoing, Merchant
acknowledges that it is required to provide verified
weights obtained on calibrated, certified equipment of
all cargo that is to be tendered to steamship lines.
Merchant agrees that Carrier is entitled to rely on the
accuracy of such weights and to counter-sign or endorse
it as Carrier   s own certified weight to the steamship  
line carrying the cargo. The Merchant agrees that it
shall defend, indemnify and hold the Carrier harmless
from any and      all claims, losses, penalties or other
costs resulting from any incorrect or questionable
verification of the weight provided by Merchant or its
agent or contractor on which the Carrier relies.
 (Use of Container) When the goods are not already
packed into a container at the time of receipt by the
Carrier, the Carrier shall be at liberty to pack and
carry the Goods in any type of container.
(Carrier's Container) (A) The Merchant assumes full
responsibility for  and  shall defend, indemnify  and
hold the Carrier harmless against any loss of or damage
to the Carrier's containers and other equipment if the
loss or damage is caused or occurs while in the
possession or control of the Merchant, his agents, or
carriers engaged by or on behalf of the Merchant (B) The
Carrier shall in no event be liable for, and the
Merchant shall defend, indemnify and hold the Carrier
harmless from, any death of or injuries to persons, or
loss of or damage to property, caused by the Carrier's
container or its contents while in the possession or
control of the Merchant, his agents, or carriers engaged
by or on behalf of the Merchant.
(Container Packed by Merchant) If the Goods received by
the Ocean or Inland Carrier arein a container   packed
by or on behalf of the Merchant. (A) this Bill of Lading
is prima facie evidence of the receipt only of the
number on the face of this Bill of Lading.   The
condition and particulars of the contents are unknown to
the Ocean and Inland Carriers, and the Carrier accepts
no responsibility for the accuracy of the description of
condition or particulars. (B) The Merchant warrants (1)
that the stowage of the contents of the containers and
the closing and sealing of the containers are safe and
proper, and (2) that the containers and their contents
are suitable for handling and carriage in accordance
with the terms of this Bill of Lading. In the event of
the Merchant's breach of any of these warranties, the
Merchant and not the Carrier shall be responsible for,
and the Merchant shall defend, indemnify and hold
Carrier harmless from, any resulting loss or damage to
persons or property (including  the Goods) resulting
from the inaccuracy of the description of condition or
particulars (C) The Merchant shall inspect the container
when it is furnished by or on behalf of the Carrier, and
the container shall be deemed to have been accepted by 
the Merchant as  being in sound and suitable condition
for the purpose of the transport contracted for in this
Bill of Lading, unless   the Merchant gives notice to
the contrary, in writing, to the Carrier  before  the 
transport. (D)  If the container is delivered after
transport by the Ocean or Inland Carrier with seals
intact, such delivery shall be deemed to be full and
complete performance of the Carrier's obligation under
this Bill of Lading, and the Carrier shall not be liable
for any loss of or damage to the contents of the
container. (E) The Ocean and Inland Carrier shall have
the right to open the container and to inspect its
contents without notice to the Merchant, at such time
and place as the Ocean or Inland Carrier may deem
necessary, and all expenses incurred therefrom shall be
borne by the Merchant. (F) If any seal of the container
is broken by Customs or other authorities for inspection
of its contents, the Carrier shall not be liable for any
resulting loss, damage or expenses.
(Special Carriage or Container) (A) The Carrier does not
undertake to carry the  Goods  in  refrigerated, heated,
insulated, ventilated, or any other special hold or 
container,  nor  to  carry  any  special container
packed by or on  behalf of the  Merchant, but the 
Carrier will treat such  Goods  or container only as
ordinary goods or dry container, respectively, unless:
(1) special arrangements for the carriage of such Goods
or container have been agreed to in writing between the
Carrier and the Merchant; (2) such special arrangements
are noted on the face of this Bill of Lading; and (3)
special freights as required has been paid. The Carrier
shall not be responsible for the function of a special
container supplied by or on behalf of the Merchant. (B)
The Carrier shall not be liable for any loss of or
damage to Goods in a special hold or  container arising
from latent defects, breakdown, or stoppage of the 
refrigeration  or  heating  machinery,  insulation,
ship's plant, or other such apparatus of the Vessel or
container, provided that the Carrier shall before or at
the beginning of the transport exercise due diligence to
maintain the special hold or container in an efficient
state.   (c) If the Goods have been packed into a
refrigerated container by the Ocean or Inland Carrier,
and the particular temperature range requested by the
Merchants is inserted in this Bill of Lading, the
Carrier will set the thermostatic controls within the
requested temperature range but does not guarantee the
maintenance of such temperature inside the container.  
(D)   If the Goods received by the Ocean or Inland
Carrier is in a refrigerated container packed by or on
behalf of the Merchant, it is the obligation of the
Merchant to stow the contents properly and set the
thermostatic controls exactly.   The Carrier shall not
be liable for any loss of or damage to the Goods arising
out of or resulting from the Merchant's failure in such
obligation and Carrier does not guarantee the
maintenance of the intended temperature inside the
container.
(Dangerous Goods, Contraband) (A) The Carrier undertakes
to carry Goods of an explosive, inflammable,
radioactive, corrosive, damaging, poisonous, or
dangerous nature only upon the Carrier's written
application by the Merchant and acknowledgement of
assent by Carrier via a writing signed by an authorized
representative of Carrier prior to the carriage of such
Goods. Such application must accurately state the name,
nature and classification of the Goods, as well as how
they are dangerous and the method o rendering them
innocuous, together with the full names and addresses of
the shipper and the consignee.
(B)  The Merchant shall undertake that the nature and
danger of such Goods is distinctly hand permanently
marked on the outside of the package containing the
Goods. (C)  Merchant  shall  submit  all  documents or
certificates required in connection with such Goods by
any applicable statue or regulation or by the Carrier
(D) Whenever the Goods are discovered to have been
received by the Ocean or Inland  Carrier without
complying with subparts (A), (B) or (C) above, or the
Goods are found to be contraband or prohibited by any
law or regulation of any place during the transport, the
Carrier, Ocean Carrier, Inland Carrier, or Subcontractor
shall be entitled to have such Goods rendered innocuous,
thrown overboard, discharged, or otherwise disposed of
at the Carrier's  discretion without compensation, and
the Merchant shall be liable for and defend, indemnify
and hold the Carrier harmless against any loss, damage
or liability, including loss of freight, and  any  other
expenses  directly  or indirectly  arising  out of
custody or carriage of such Goods. (E) The Carrier may
exercise the right conferred upon it under the preceding
subpart whenever it is apprehended that Goods received
in compliance with subparts (A), (B) and (C) above have
become dangerous, even if not dangerous when received by
the Ocean or Inland Carrier. (F)   The Carrier   has the
right to inspect the contents of any package or
container at any time and place without the prior notice
to Merchant and at the risk and expense of the Merchant.
(Stowage Under and on Deck)  (A) Goods in containers,
vans, trailers, or chassis may be carried under deck   
or on deck, and when such Goods are carried on deck the
Carrier shall not be required to specially note    mark,
or stamp any statement of "on deck stowage" on the face
of this Bill of Lading, any custom to the contrary
notwithstanding. Such on-deck carriage shall not be
considered a deviation.  (B)  Goods stowed in poop,
forecastle, deck house, shelter deck, passenger space,
or any other covered-in-space, or stowed in a container
wherever placed, shall be deemed to be stowed under deck
for all purposes including general average.  (C) Lumber,
earth moving equipment and all other Goods customarily
or reasonably carried on deck may, at Carrier's option,
be carried on deck without further notice to Merchant
and without liability to the Carrier for the risks
inherent in or incident to such carriage. Such on-deck
carriage shall not be considered a deviation.
(D) In respect of Goods not in containers and carried on
deck, and stated on this Bill of Lading to be so
carried,  all risks of loss or damage from perils
inherent in or incident to the custody  or carriage of
such  Goods shall be borne by the Merchant and in all
other respects the Carrier shall have the benefit of the
provisions of the applicable, version of the Hague Rules
(including U.S.   COGSA) and     the terms of this Bill
of Lading
(Live Animals and Plants) With respect to the custody
and carriage of live animals and plants, all risks of
loss or damage by perils inherent in or incident to such
carriage shall be borne by the Merchant, and in all
other respects the Carrier shall have the benefit of the
provisions of the applicable version of the Hague Rules
(including U.S. COGSA,) and the terms of this Bill of
Lading.
(Valuable Goods) The Merchant shall not tender, and
Carrier shall not be liable to any extent for any loss
of or damage to or in connection with precious metals,
stones, or chemicals, jewelry, currency, negotiable
instruments, securities, writings, documents, works of
art, curios, heirlooms, or any other valuable goods,
including goods having particular value only for the
Merchant.
(Heavy Lift) (A) The weight of a single piece or package
exceeding 2,240 lbs. gross must be declared by the
Merchant in writing before receipt by the Ocean or
Inland Carrier and must be marked clearly and durably on
the outside of the piece or package in letters and
figures not less than two inches high.   (B) If the
Merchant fails in       his obligations under the
preceding subpart (1) the Carrier shall not be
responsible for any loss of or damage to the Goods. (2)
the Merchant shall be liable for resulting loss of or
damage to any person or property, and (3) Merchant shall
indemnify the Carrier against any resulting loss,
damage, or liability suffered by the Carrier or its
Subcontractor as a result of such failure to comply.
(Delivery by Marks) (A) The Carrier shall not be liable
for failure or delaying delivery in accordance with
marks, unless such marks have been clearly and durably
stamped or marked upon the Goods, package, or container
by the Merchant before they are received by the Ocean or
Inland Carrier, in letters and numbers not less than two
inches high, together with the names of the port of
discharge and place of delivery. (B) In no circumstances
shall the Carrier be responsible for delivery in
accordance with other than leading marks.
(C) The Merchant warrants that the marks on the Goods,
packages and containers correspond to the marks shown  
on this Bill of Lading and also in all respects comply
with all laws and regulations in force at the port of
discharge or place of delivery. The Merchant shall
indemnify the Carrier against all loss, damage or
expenses resulting from inaccuracy or incompleteness of
the marks. (D) Goods that cannot be identified as to  
marks or numbers, cargo sweeping liquid residue and any
unclaimed goods not otherwise accounted for may be
allocated for the purpose for completing delivery to the
various Merchants of Goods of like character in
proportion to any apparent shortage, loss of weight or
damage.
(Delivery) (A) The Carrier shall have the right to
deliver the Goods at any time at the Vessels side,
customhouse, warehouse, wharf, or any other place
designated by the Carrier, within the geographic limits 
 of the port of discharge or place of delivery shown of
the face of this Bill of Lading (B) The Carrier's
responsibility shall cease when the Goods have been
delivered to the Merchant, Inland Carrier, connecting
carrier    or any other person entitled to receive the
Goods on Merchant's behalf at the place  designated  by 
the  Carrier. Delivery of the Goods to the custody of
customs or any other public authority shall constitute
final discharge of the Carrier's responsibility. (C) In
case the cargo received by the Carrier is containers
packed by or on behalf of the Merchant (1) The Carrier
shall only be responsible for delivery of the total
number of containers received (2) The Carrier shall not
be required to unpack the containers and  deliver  their
contents in accordance with brands, marks, numbers
sizes, to types of items or pieces (3) At the Carriers
discretion and upon the Merchant's request in writing to
the Carrier at least 3 days prior to the scheduled date
of arrival the of Vessel at the port of discharge
containers may be unpacked and their contents delivered
by the Carrier in accordance with the written request.  
In such a case if the seal of the containers  is intact
at the time of unpacking all the Carrier's obligations
under this Bill of Lading shall be deemed to  have been
discharged, the Carrier shall not be responsible for any
loss or damage resulting from  such  delivery and the
Merchants shall be liable for an appropriate adjustment
of the freight and any additional charges incurred (D)
If the Goods have been packed into a container by the
Carrier shall unpack the container and deliver its
contents and the Carrier shall not be required  to 
deliver the  Goods  in  the  container. At the Carrier's
discretion, and subject to prior arrangement between the
Merchant and the Carrier the Goods may be delivered to
Merchant in the container, in which case if the
container is delivered with seals intact  all the
Carrier's obligations under this Bill of Lading shall be
deemed to have been discharged and the Carrier shall not
be responsible for any loss or damage to the  contents 
of the  container. (E) Optional delivery shall be
granted only when arranged prior to the time of receipt
of the Goods by Carrier and if expressly stated on the
face of this Bill of Lading.  The Merchant desiring to
avail himself of the option so expressed must give
notice in writing to the Carrier at the first port of
call named in the option at least 48 hours prior to the
Vessel's arrival there, otherwise the Goods shall be
landed at any of the optional ports at Carrier's option,
and the Carrier's responsibility shall then cease. (F)
Carrier is not responsible to give notification, in
writing or otherwise, either to Merchant or others, of
the arrival, discharge, or disposition of Goods, any
custom or agreement to the contrary notwithstanding, and
notwithstanding any notation on the face of this Bill of
Lading, concerning notification or a notify party.
(Fire) The Carrier shall not be responsible for any loss
of or damage to the Goods arising from fire occurring at
any time, even though before loading on or after
discharge from the Vessel, unless caused by the actual
fault or privity of the Carrier.
Lien) Carrier shall have a general and continuing lien
on the Goods and any other l property (and documents
relating thereto) of Merchant in its, or any of its
Subcontractor   s,actual or constructive possession,
custody or control or en route, for all claims for
charges, expenses or advances incurred by Carrier in
connection with this shipment, or any previous shipment,
or otherwise under this Bill of Lading, of Merchant, or
both, which lien shall survive delivery, and if such
claim remains unsatisfied for 30 days after demand for
its payment is made, Carrier may sell at public auction
or private sale, upon 10 days written notice, registered
mail to  Merchant, the goods, wares and/or merchandise
or so much as may be necessary to satisfy such lien and
the costs of recovery, and apply the net proceeds of
such sale to the payment of the amount due  Carrier. Any
surplus from such sale shall be transmitted to Merchant,
and Merchant shall be liable for any deficiency in the
sale.
(Freight and  Charges) (A) Freight may be calculated on
the basis of the particulars of the  Goods furnished  by
the Merchant, who shall be deemed to have guaranteed to
the Ocean  Carrier the accuracy  of the contents,
weight, measure, or value as furnished by him at the
time of receipt of the Goods by the Ocean or Inland
Carrier,   but the Carrier for the purpose of
ascertaining the actual particulars may at any time and
at the risk and expense of the Merchant open the
container or package and examine contents, weight,
measure, and value of the Goods. In case of incorrect
declaration of the contents, weight, measure and or
value of the Goods, the Merchant shall be liable for and
bound to pay to the Carrier: (1) the balance of freight
between the freight charged  and that which would have
been due had the correct details been given, plus (2)
expenses incurred in determining  the correct details,
plus (3) as liquidated and ascertained damages, an
additional sum equal to the correct freight.
(B) Full freight to the port of discharge or place of
delivery shall be considered as completely earned on
receipt of the Goods by the Carrier or its
Subcontractor, the Goods lost or not, whether the
freight be stated or intended to be prepaid or to be
collected at destination. The Carrier shall be entitled
to all freight and other charges due hereunder, whether
actually   paid or not and to receive and retain such
freight and charges under any circumstances, whether the
Vessel and/or the Goods be lost or not, or the voyage be
broken up, frustrated, or abandoned at any stage of the
entire transit.      Full freight shall be paid on
damaged or unsound Goods. (C) The Payment of freight
and/or charges shall be made in full and in cash without
any offset, counter claim, or deduction. Where freight
is payable at the port of discharge or place of
delivery, such freight and all other charges shall be
paid in the currency named in this Bill of Lading, or,
at Carrier's option, in other currency subject to the
regulators of the freight conference concerned, if any,
or custom at the place of payment. (D) Goods once
received by the Carrier cannot be taken away or disposed
of by the Merchant except upon the Carrier   s consent and
after payment of full freight and compensation for any
loss sustained by the Carrier through such taking away
or disposal.   (E) If the Goods are not available when
the Vessel is ready to load: (1) The Carrier is relieved
of any obligation to load such Goods and the Vessel may
leave the port without further notice. (2)  Unless the
unavailability arises in the course of combined
transport and is caused by the failure of an Inland
Carrier to perform its obligations under this Bill of
Lading, dead freight shall be paid by the Merchant. (F)
The Merchant  shall be liable for and shall defend,
indemnify and hold  the    Carrier against: (1) all
dues, duties, taxes, consular fees,  and other charges
levied on the Goods;(2) all fines, damages and losses
sustained by the Carrier  in connection with Goods,
howsoever caused, including the Merchant's failure to
comply with laws and regulations of any public authority
in connection with the Goods, or failure to procure
consular, Board of Health, or other certificates to
accompany the Goods; (3) all demurrage or detention
charges imposed on the Goods or their containers or
equipment by third parties; (4) any attempt by a third
party to impose liability on Carrier or any
Subcontractor in excess of the liabilities expressly
assumed herein with respect to the Carriage covered by
this Bill of Lading. The Merchant shall be liable for
return freight and changes on any Goods refused
exportation or importation by any public authority. (G)
If the Carrier is of the opinion that the     Goods are
in need of sorting, inspecting, mending, repairing, or
reconditioning, or otherwise require protecting or
caring for, the Carrier at its discretion may, by itself
or through Subcontractors, and as agent for the
Merchant, carry out such work at the risk and expense of
the Merchant. (H) The shipper, consignor, consignee,
owner of the Goods and holder of this Bill of Lading
shall be jointly and severally liable to the Carrier for
  the payment of all freight and charges and for the
performance of the obligations of any of them under this
Bill of Lading.
 (Notice of Claim and Time for Suit against Carrier) (A)
Unless notice of loss or damage and the general nature
of such loss or damage be given in writing with
reasonable particularity to allow Carrier to identify
the nature of such loss or damage to the Carrier at the
port of discharge or place of delivery before or at the
time of delivery of the Goods or, if the loss or damage
is not apparent, within 3 days  after delivery, the
Goods shall be deemed to have been delivered  as
described  in  this Bill of Lading. (B) The Carrier
shall be discharged from all liability in respect of the
Goods, including without limitation nondelivery,
misdelivery, delay, loss, or damage, unless suit has
been brought within one year after delivery of   the
Goods or the date when the Goods should have been
delivered. Suit shall not be considered to have been
"brought" within the time specified unless process shall
have been served and jurisdiction obtained  over  the
Carrier within such time.
(Additional Limitations of Liability) (A) Subject to
subpart (B) below for the purpose of determining the
extent of the Ocean  Carrier's liability  for loss of or
damage to  the Goods, the Merchant agrees that the value
of the Goods is   the Merchant's net invoice cost, plus 
freight and  insurance  premium, if paid. The Carrier
shall not be liable for any loss of profit or any
consequential loss. (B) If it is established by the
Merchant that the Carrier is responsible  for loss of or
damage to or in connection with the Goods, such
responsibility, subject to the provisions of this Bill 
of Lading, shall be to the extent following but not
further: (1) With respect to loss or damage caused
during the period from  the time when  the Goods arrived
at the sea terminal at the port of loading to the time
when they left  the sea terminal at the port of
discharge, or caused during any previous or subsequent
period of carriage by sea or waterways, to the extent
prescribed by the applicable Hague Rules or U.S. COGSA
as provided in Article 2 and shall be limited in
accordance therewith unless a higher value is declared
by in the space provided on the front of this Bill of
Lading and paid extra freight per Carrier   s tariff, in
which case such higher value shall be the limit of
Carrier   s liability. (2) for all other loss or damage
arising during periods other than as covered by
subparagraph (C)(1) of this paragraph, unless otherwise
mandated by Compulsory Law which cannot be waived,
Carrier shall in no event be liable for loss of or
damage to goods unless caused by the negligence or
intentional misconduct of Carrier or any Subcontractor,
in which case Carrier   s liability shall be limited to US
$0.50 per pound of Goods lost or damaged, unless a
higher value is declared by in the space provided on the
front of this Bill of Lading and paid extra freight per
Carrier   s tariff, in which case such higher value shall
be the limit of Carrier   s liability;
(B) Where the Goods have been packed into a container or
unitized into a similar article of transport by or on
behalf of the Merchant, and the container is sealed when
received by Carrier or its Subcontractor, it is
expressly agreed that  the  number  of  such containers
or similar articles of transport shown on the face of
this Bill of Lading  shall be  considered  as the number
of the packages or units for the purpose of the
application of the limitation of liability provided for
in this Article. However, Carrier shall not, in any
case, be liable for an amount greater than the actual
loss to the person entitled to make the claim.  Carrier
shall have the option of replacing lost Goods or
repairing damaged Goods.
(C) CARRIER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL OR INDIRECT LOSS, LOSS OF PROFITS OR SALES,
BUSINESS INTERRUPTION,  LOSS OF MARKET, LOSS OF
CONTRACT, LOSS OF REPUTATION OR GOODWILL, LOSS OF 
REVENUE OR USE CLAIMS, PUNITIVE OR EXEMPLARY DAMAGES,
THE CONSEQUENCES OF DELAY OR DEVIATION HOWSOEVER CAUSED,
ANY DAMAGE OR DELAY CAUSED BY THE MERCHANT, THIRD PARTY
CLAIMS AGAINST THE MERCHANT OR ANY DAMAGE OCCURRING 
OUTSIDE  THE CUSTODY OF THE CARRIER OR ITS
SUBCONTRACTORS.  THE FOREGOING EXCLUSIONS AND LIMITS OF
LIABILITY SHALL APPLY WHETHER OR NOT CARRIER HAD
KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. 
THE DEFENSES AND LIMITS OF LIABILITY PROVIDED FOR HEREIN
SHALL APPLY IN ANY ACTION AGAINST THE CARRIER WHETHER
FOUNDED ON CONTRACT, TORT, EQUITY, INDEMNITY, BAILMENT
OR ANY OTHER BASIS  WHATSOEVER  AND  EVEN  IF  THE  LOSS
 OR DAMAGE AROSE AS A RESULT OF NEGLIGENCE, RECKLESSNESS
OR FUNDAMENTAL BREACH.
(D) CARRIER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE,
MISDELIVERY, DELAY, OR NON-DELIVERY NOT CAUSED BY ITS
OWN NEGLIGENCE OR INTENTIONAL MISCONDUCT, OR ANY LOSS,
DAMAGE, DELAY, MISDELIVERY, OR NON-DELIVERY CAUSED BY
THE ACT, DEFAULT OR OMISSION OF MERCHANT, THE CONSIGNEE,
OR ANY OTHER PARTY THAT CLAIMS AN INTEREST IN THE
SHIPMENT; THE NATURE OF THE SHIPMENT OR ANY DEFECT,
CHARACTERISTIC, OR INHERENT VICE OF THE GOODS; OR ACT OF
GOD, PERILS OF THE AIR, PUBLIC ENEMIES, PUBLIC
AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY OF
LAW, ACTS, OR OMISSIONS OF CUSTOMS OR QUARANTINE
OFFICIALS, RIOTS, STRIKES, CIVIL COMMOTIONS, HAZARDS
INCIDENT TO A STATE OF WAR, WEATHER CONDITIONS, OR DELAY
OF AIRCRAFT OR OTHER VEHICLES USED IN PROVIDING
TRANSPORTATION SERVICES, OR  ANY  OTHER  CAUSE  OR 
EVENT  WHICH  THE  CARRIER  IS  UNABLE  TO  CONTROL  OR 
AVOID  AND  THE CONSEQUENCES OF WHICH THE CARRIER IS
UNABLE TO PREVENT BY THE EXERCISE OF REASONABLE
DILIGENCE.
(General Average: New Jason Clause)   (A) General
average shall be adjusted, stated and settled in
accordance with the policies and procedures adopted by
the Ocean Carrier. (
(Carriage of Metal Products, Lumber, Cotton) (A) The
term "apparent good order and condition" when used in
this Bill of Lading does not mean: (1) with reference to
iron, steel, or metal products, that the Goods when
received were free from visible rust or moisture. (2)
with reference to lumber, timber, plywood, or other wood
products, that the Goods when received were free from
visible stains, discoloration, moisture, shakes, holes,
chaffed, breakage or splitting. If the Merchant so
requests a substitute bill of lading will be issued
setting forth any notations as to the foregoing that may
appear on the mate's or tally clerk's receipts or
similar document.
(B) Description of the condition of cotton cargo does
not relate to the sufficiency or not or condition of the
covering nor to any damage, resulting therefrom. Carrier
shall not be responsible for any such damage.
(Carrier's Tariff) This Bill of Lading is subject to the
Carrier's applicable tariff and the terms of such
tariffs are incorporated herein.  Copies of the
applicable tariff can be obtained from the Carrier upon
request or from Carrier   s website, the address of which
is set forth in the U.S. Federal Maritime Commission   s
website at www.fmc.gov.  Carrier   s Bill of Lading is
non-negotiable unless made out    to order.     Pursuant to
U.S. Federal Maritime Commission authority, Carrier may
enter into Negotiated Rate Agreements with Merchant from
time to time in lieu of publishing rates and charges in
a tariff.  In the event any Shipment is tendered to
Carrier for Carriage on any shipping document other than
Carrier   s Bill of Lading, Merchant agrees that Carrier   s
Bill of Lading shall supersede any rules, regulations or
contractual terms contained on the shipping document on
which the Shipment was tendered.   This shipping
document supersedes and negates any claimed, alleged, or
asserted oral or written contract, promise,
representation, or understanding between the parties
with respect to this Shipment. Carrier   s liability with
respect to its undertaking to file or submit any
information, in any format, to any government regulatory
agency, organization or similar entity on Merchant   s
behalf and written authorization, whether in conjunction
with the Bill of Lading or the Carriage contemplated
herein, shall be governed by Carrier   s General Trading
Terms and Conditions of Service, as amended, available
at www.best-ff.com.
(Severability of Terms) The terms of this Bill of Lading
are severable and if any part or term is declared
invalid or unenforceable, the validity or
enforceability, of any other part or term shall not be
affected.
 
4874-4988-6893, v. 1
 

Table Of Contents


Effective Tariff Management Corporation (ETM)
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Bowie, MD 20716
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