Effective	25AUG2021
Filed	25AUG2021
Filing Codes	I

COMBINED TRANSPORT BILL OF LADING
 
Notwithstanding the heading "Combined Transport Bill of
Lading," the provisions set out and referred to in this
document shall also apply if the transport as described
on the face of the Bill of Lading is performed by one
mode of transport only. These provisions constitute a
contract between Merchant and Carrier.
 
(1) CLAUSE PARAMOUNT:
All carriage under this Bill of Lading to or from the
United States shall have effect subject to the
provisions of the Carriage of Goods by Sea Act of the
United States, 46 U.S.C. sections
1300-1315 (hereafter, "COGSA"). All carriage to and from
other States shall be governed by the law of any state
making the Hague Rules or Hague-Visby Rules compulsorily
applicable to this Bill of Lading or if there be no such
law, in accordance with the Hague Rules. The provisions
of applicable law as set forth above shall apply to
carriage of goods by inland waterways and reference to
carriage by sea in such Rules or legislation shall be
deemed to include reference to inland waterways. Except
as may be otherwise specifically provided herein, said
law shall govern before the goods are loaded on and
after they are discharged from the vessel whether the
goods are carried on deck or under deck and throughout
the entire time the goods are in the custody of the
carrier.
 
(2) DEFINITIONS:
2.1 "Ship" means the vessel named in this Bill of
Lading, or any conveyance owned, chartered, towed or
operated by Carrier or used by Carrier for the
performance of this contract.
2.2 "Carrier" means TRANS CONTAINER LINE , on whose
behalf this Bill of Lading has been signed.
2.3 "Merchant" includes the Shipper, the Receiver, the
Consignor, the Consignee, the Holder of this Bill of
Lading and any person having a present or future
interest in the Goods or any person acting on behalf of
any of the above-mentioned persons.
2.4 "Package" is the largest individual unit of
partially or completely covered or contained cargo made
up by or for the Shipper which is delivered and
entrusted to Carrier, including palletized units and
each container stuffed and sealed by the Shipper or on
its behalf, although the Shipper may have furnished a
description of the contents of such sealed container on
this bill of lading.
2.5 "Container" includes any container, trailer,
transportable tank, lift van, flat, pallet, or any
similar article of transport used to consolidate goods.
2.6 "Carrier's container or carrier's equipment"
includes containers or equipment owned, leased or used
by Carrier in the transportation of Merchant's goods.
2.7 "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.
 
(3) SUBCONTRACTING:
Carrier shall be entitled to subcontract directly or
indirectly on any terms the whole or any part of the
handling, storage, or carriage of the goods and all
duties undertaken by Carrier in relation to the goods.
Every servant, agent, subcontractor (including
sub-subcontractors), or other person whose services have
been used to perform this contract shall be entitled to
the rights, exemptions from, or limitations of,
liability, defenses and immunities set forth herein. For
these purposes, Carrier shall be deemed to be acting as
agent or trustee for such servants, agents,
subcontractors, or other persons who shall be deemed to
be parties to this contract.
 
(4) ROUTE OF TRANSPORT:
Carrier is entitled to perform the transport in any
reasonable manner and by any reasonable means, methods
and routes. The Ship shall have the liberty, either with
or without the goods on board, to at any time, adjust
navigational instruments, make trial trips, dry dock, go
to repair yards, shift berths, take in fuel or stores,
embark or disembark any persons, carry contraband and
hazardous goods, sail with or without pilots and save or
attempt to save life or property. Delays resulting from
such activities shall not be deemed a deviation.
 
(5) HINDRANCES AFFECTING PERFORMANCE:
5.1 Carrier shall use reasonable endeavors to complete
transport and to deliver the goods at the place
designated for delivery.
5.2 If at any time the performance of this contract as
evidenced by this Bill of Lading in the opinion of
Carrier is or will be affected by any hindrance, risk,
delay, injury, difficulty or disadvantage of any kind,
including strike, and if by virtue of the above it has
rendered or is likely to render it in any way unsafe,
impracticable, unlawful, or against the interest of
Carrier to complete the performance of the contract,
Carrier, whether or not the transport is commenced, may
without notice to Merchant elect to: (a) treat the
performance of this contract as terminated and place the
goods at Merchant's disposal at any place Carrier shall
deem safe and convenient, or (b) deliver the goods at
the place of delivery.
In any event, Carrier shall be entitled to, and Merchant
shall pay, full freight for any goods received for
transportation and additional compensation for extra
costs and expenses resulting from the circumstances
referred to above.
5.3 If, after storage, discharge, or any actions
according to sub-part 5.2 above 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 Merchant without any liability
whatsoever in respect of such agency.
5.4 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 ship 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
Ship, 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 contract of
carriage and shall not be a deviation.
 
(6) BASIC LIABILITY:
6.1 Carrier shall be liable for loss of or damage to the
goods occurring between the time when it takes goods
into its custody and the time of  delivery but shall not
be liable for any consequential or special damages
arising from such loss or damage.
6.2 If it is established that the loss of or damage to
the goods occurred during sea carriage or during
carriage by land in the United States, liability shall
be governed by the legal rules applicable as provided in
Section 1 of this Bill of Lading.
6.3 Notwithstanding Section 1 of this Bill of Lading, if
the loss or damage occurred outside of  the United
States not during sea carriage and it can be proved
where the loss or damage occurred, the liability of
Carrier in respect of such loss or damage shall be
determined by the provisions contained in any
international convention or national law, which
provisions: cannot be departed from by private contract
to the detriment of Merchant, and would have applied if
Merchant had made a separate and direct contract with
Carrier in respect of the particular stage of transport
where the loss or damage occurred and received as
evidence thereof any particular document which must be
issued in order to make such international convention or
national law applicable.
6.4 If it cannot be determined when the loss of or
damage to the goods occurred, liability shall be
governed as provided in Section 6.2 above.
6.5 Carrier does not undertake that the goods shall be
delivered at any particular time or for any particular
market and shall not be liable for any direct or
indirect losses caused by any delay.
6.6 Carrier shall not be liable for any loss or damage
arising from:
(a) an act or omission of Merchant or person other than
Carrier acting on behalf of Merchant from whom Carrier
took the goods in charge,
(b) compliance with the instructions of any person
authorized to give them,
(c) handling, loading, stowage or unloading of the goods
by or on behalf of Merchant,
(d) inherent vice of the goods or concealed damage to or
shortage of goods packed by Merchant, (e) lack or
insufficiency of or defective condition of packing in
the case of goods, which by their nature are liable to
wastage or damage when not packed or when not properly
packed,
(f) insufficiency or inadequacy of marks or numbers on
the goods, coverings or unit loads, (g) fire, unless
caused by actual fault or privity of Carrier,
(h) any cause or event which Carrier could not avoid and
the consequences of which he could not prevent by the
exercise of due diligence.
6.7 When Carrier pays claims to Merchant, Carrier shall
automatically be subrogated to all rights of  Merchant
against all others, including Inland Carriers, on
account of  the losses or damages for which such claims
are paid.
6.8 The defenses and limits of liability provided for in
this Bill of Lading shall apply in any action or claim
against Carrier relating to the goods, or the receipt,
transportation, storage or delivery thereof, whether the
action be founded in contract, tort or otherwise.
 
(7) COMPENSATION FOR LOSS AND DAMAGE:
7.1  Unless  otherwise  mandated  by  compulsorily 
applicable  law,  Carrier's  liability  for
 
compensation for loss of or damage to goods shall in no
case exceed the amount of US$500 per package or per
customary freight unit, unless Merchant, with the
consent of Carrier, has declared a higher value for the
goods 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. Any partial loss or damage shall be
adjusted pro rata on the basis of  such declared value.
Where a container is stuffed by Shipper or on its
behalf, and the container is sealed when received by
Carrier for shipment, Carrier's liability will be
limited to US$500 with respect to the contents of each
such container, except when the Shipper declares the
value on the face hereof and pays additional charges on
such declared value as stated in Carrier's tariff. The
freight charged on sealed containers when no higher
valuation is declared by the Shipper is based on a value
of US$500 per container. 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.
7.2 In any case where Carrier's liability for
compensation may exceed the amounts set forth in Section
7.1 above, compensation shall be calculated by reference
to the value of the goods, according to their current
market price, at the time and place they are delivered,
or should have been delivered, in accordance with this
contract.
7.3 If the value of the goods is less than US$500 per
package or per customary freight unit, their value for
compensation purposes shall be deemed to be the invoice
value, plus freight and insurance, if paid.
7.4 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
Merchant, unless the true nature and value of the goods
have been declared in writing by Merchant before receipt
of the goods by the Carrier or Inland Carrier, the same
is inserted on the face of this Bill of Lading and
additional freight has been paid as required.
7.5 Carrier will not arrange for insurance on the goods
except upon express instructions from the Consignor and
then only at Consignor's expense and presentation of a
declaration of value for insurance purposes prior to
shipment.
 
(8) DESCRIPTION OF GOODS AND INFORMATION FOR U.S.
CUSTOMS:
Carrier is responsible for transmitting information to
U.S. Customs and Border Protection prior to lading of 
the Goods including, without limitation, precise
commodity descriptions, numbers and quantities of the
lowest external packaging unit, the shipper's complete
name and address, the consignee's or the owner's or
owner's representative's complete name and address,
hazardous materials codes, and container seal numbers.
For this, and other purposes, Carrier relies on
information provided by Merchant in a timely fashion.
Merchant warrants to Carrier that all particulars of the
goods, including, without limitation, the precise
descriptions, marks, number, quantity, weight, seal
numbers, identities of shipper and consignee and
hazardous materials codes furnished by Merchant are
correct and Merchant shall indemnify Carrier against all
claims, penalties, losses or damages arising from any
inaccuracy.
 
(9) CARRIER'S CONTAINERS:
If goods are not received by Carrier already in
containers, Carrier may pack them in any type container.
Merchant shall be liable to Carrier for damage to
Carrier's containers or equipment if such damage occurs
while such equipment is in control of Merchant or his
agents. Merchant indemnifies Carrier for any damage or
injury to persons or property caused by Carrier's
containers or equipment during handling by or when in
possession or control of Merchant.
 
(10) CONTAINER PACKED BY MERCHANT:
If Carrier receives the goods already packed into
containers:
10.1. This Bill of Lading is prima facie evidence of the
receipt of the particular number of containers set
forth, and that number only. Carrier accepts no
responsibility with respect to the order and condition
of the contents of the containers;
10.2. Merchant warrants that the stowage and seals of
the containers are safe and proper and suitable for
handling and carriage and indemnifies Carrier for any
injury, loss or damage caused by breach of this
warranty;
10.3. Delivery shall be deemed as full and complete
performance when the containers are delivered by Carrier
with the seals intact; and
10.4. Carrier has the right but not the obligation to
open and inspect the containers at any time without
notice to Merchant, and expenses resulting from such
inspections shall be borne by Merchant; and
10.5. Merchant shall inspect containers before stuffing
them and the use of the containers
shall be prima facie evidence of their being sound and
suitable for use.
 
(11) DANGEROUS GOODS:
11.1 Merchant may not tender goods of  a dangerous
nature without written application to Carrier and
Carrier's acceptance of  the same. In the application,
Merchant must identify the nature of the goods with
reasonable specificity as well as the names and
addresses of the shippers and consignees.
11.2 Merchant shall distinctly and permanently mark the
nature of the goods on the outside of the package and
container in a form and manner as required by law and
shall submit to Carrier or to the appropriate
authorities all necessary documents required by law or
by Carrier for the transportation of such goods.
11.3 If the goods subsequently, in the judgment of
Carrier, become a danger to Carrier, the Ship, or other
cargo, Carrier may dispose of the goods without
compensation to Merchant and Merchant shall indemnify
Carrier for any loss or expenses arising from such
action.
 
(12) DECK CARGO:
Carrier has the right to carry the goods in any
container under deck or on deck. Carrier is not required
to note "on deck stowage" on the face of  this Bill of 
Lading and goods so carried shall constitute under deck
stowage for all purposes including General Average.
Except as otherwise provided by any law applicable to
this contract, if this Bill of Lading states that the
cargo is stowed on deck, then Carrier shall not be
liable for any non-delivery, misdelivery, delay or loss
to goods carried on deck, whether or not caused by
Carrier's negligence or the ship's unseaworthiness.
 
(13) HEAVY LIFT:
13.1 Single packages with a weight exceeding 2,240
pounds gross not presented to Carrier in enclosed
containers must be declared in writing by Merchant
before receipt of the packages by Carrier. The weight of
such packages must be clearly and durably marked on the
outside of the package in letters and figures not less
than two inches high.
13.2 If Merchant fails to comply with the above
provisions, Carrier shall not be liable for any loss of
or damage to the goods, persons or property, and
Merchant shall be liable for any loss of or damage to
persons or property resulting from such failure and
Merchant shall indemnify Carrier against any loss or
liability suffered or incurred by Carrier as a result of
such failure.
13.3 Merchant agrees to comply with all laws or
regulations concerning overweight containers and
Merchant shall indemnify Carrier against any loss or
liability suffered or incurred by Carrier as a result of
Merchant's failure to comply with such laws or
regulations.
 
(14) DELIVERY:
Carrier shall have the right to deliver the goods at any
time at any place designated by Carrier within the
commercial or geographic limits of the port of discharge
or place of delivery shown in this Bill of Lading.
Carrier's responsibility shall cease when delivery has
been made to Merchant, any person authorized by Merchant
to receive the goods, or in any manner or to any other
person in accordance with the custom and usage of the
port of discharge or place of delivery. If goods should
remain in Carrier's custody after discharge from the
ship and possession is not taken by Merchant, after
notice, within the time allowed in Carrier's applicable
tariff, the goods may be considered to have been
delivered to Merchant or abandoned at Carrier's option,
and may be disposed of or stored at Merchant's expense.
 
(15) NOTICE OF CLAIM:
Written notice of  claims for loss of  or damage to
goods occurring or presumed to have occurred while in
the custody of Carrier must be given to Carrier at the
port of discharge before or at the time of removal of
the goods by one entitled to delivery. If such notice is
not provided, removal shall be prima facie evidence of 
delivery by Carrier. If  such loss or damage is not
apparent, Carrier must be given written notice within 3
days of the delivery.
 
(16) FREIGHT AND CHARGES:
16.1 Freight may be calculated on the basis of  the
particulars of  the goods furnished by Merchant, who
shall be deemed to have guaranteed to Carrier the
accuracy of  the contents, weight, measure, or value as
furnished by him at the time of receipt of the goods by
the Carrier or Inland Carrier, but Carrier for the
purpose of ascertaining the actual particulars may at
any time and at the risk and expense of 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, Merchant shall be liable for and
bound to
 
pay to Carrier: (a) the balance of freight between the
freight charged and that which would have been due had
the correct details been given, plus (b) expenses
incurred in determining the correct details, plus (c) as
liquidated and ascertained damages, an additional sum
equal to the correct freight. Quotations as to fees,
rates of duty, freight charges, insurance premiums or
other charges given by Carrier to Merchant are for
informational purposes only and are subject to change
without notice and shall not under any circumstances be
binding upon Carrier unless Carrier in writing
specifically undertakes the handling of transportation
of the shipment at a specific rate and that rate is
filed in Carrier's tariff.
16.2 Freight shall be deemed earned on receipt of goods
by Carrier, the goods lost or not lost, whether the
freight is intended to be prepaid or collected at
destination. Payment shall be in full and in cash
without any offset, counterclaim, or deduction, in the
currency named in this Bill of Lading, or another
currency at Carrier's option. Interest at 1% per month
shall run from the date when freight and charges are
due. Payment of freight charges to a freight forwarder,
broker or anyone other than directly to Carrier shall
not be deemed payment to the Carrier. Merchant shall
remain liable for all charges hereunder notwithstanding
any extension of credit to the freight forwarder or
broker by Carrier. Full freight shall be paid on damaged
or unsound goods.
16.3 Merchant shall be liable for all dues, fees,
duties, fines, taxes and charges, including consular
fees, levied on the goods. Merchant shall be liable for
return freight and charges on the goods if they are
refused export or import by any government. Merchant
shall be liable for all demurrage or detention charges
imposed on the goods or their containers by third
parties.
16.4 The Shipper, consignee, holder hereof, and owner of
the goods, and their principals, shall be jointly and
severally liable to Carrier for the payment of all
freight and charges, including advances and shall, in
any referral for collection or action for monies due to
Carrier, upon recovery by Carrier, pay the expenses of
collection and litigation, including reasonable
attorneys' fees. This provision shall apply regardless
of whether the front of this bill of lading has been
marked "prepaid" or "freight prepaid" so long as freight
and charges remain unpaid.
16.5 The Shipper, consignee, holder hereof, and owner of
the goods, and their principals, shall jointly and
severally indemnify Carrier for all claims, fines,
penalties, damages, costs and other amounts which may be
incurred or imposed upon Carrier by reason of any breach
of any of the provisions of this Bill of Lading or of
any statutory or regulatory requirements.
 
(17) LIEN:
Carrier shall have a general lien on any and all
property (and documents relating thereto) of Merchant in
its 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, of Merchant, or both, 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.
 
(18) TIME BAR:
Carrier shall be discharged from all liability for loss
of or damage to goods unless suit is brought within one
(1) year after delivery of the goods or the date when
the goods should have been delivered. Suit shall not be
deemed brought against Carrier until jurisdiction shall
have been obtained over Carrier by service of summons.
The time bar for overcharge claims shall be 3 months.
 
(19) JURISDICTION:
The courts of NEW YORK shall have exclusive jurisdiction
over any dispute arising from the carriage evidenced by
this Bill of Lading. Merchant and Carrier each hereby
agree to the personal jurisdiction of  the forum having
jurisdiction over their disputes under this clause.
Except as otherwise provided in this Bill of Lading, the
laws of the State of NEW YORK shall apply.
 
(20) GENERAL AVERAGE:
20.1 General Average shall be adjusted at New York, or
any other port at Carrier's option, according to the
York-Antwerp Rules of 1994. The General Average
statement shall be prepared by adjusters appointed by
Carrier.
20.2 In the event of accident, damage, danger or
disaster after commencement of the voyage resulting from
any cause whatsoever, whether due to negligence or not,
for the consequence of which Carrier is not responsible
by statute, contract or otherwise, Merchant shall
contribute with Carrier in General Average to the
payment of any sacrifice, loss or expense of a General
Average nature that may be made or incurred, and shall
pay salvage or special charges incurred in respect of
the goods. If a salving vessel is owned or operated by
Carrier, salvage shall be paid for as fully as if the
salving vessel or vessels belonged to strangers.
 
(21) BOTH-TO-BLAME COLLISION CLAUSE:
If the ship comes into collision with another vessel as
a result of negligence of the other vessel and any
negligence or fault on the part of Carrier or its
servants or subcontractors, Merchant shall indemnify
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 Merchant paid or payable by the
other or non-carrying vessel or her owners to 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 ship or her owner. This provision
shall apply as well where the owners, operators or those
in charge of any ship or ships or objects other than, or
in addition to, the colliding ships or objects are at
fault with respect to a collision or contact.
 
(22) CARRIERS' TARIFFS:
The goods carried under this Bill of Lading are also
subject to all the terms and conditions of tariff(s)
published pursuant to the regulations of the United
States Federal Maritime Commission or any other
regulatory agency which governs a particular portion of
the carriage and the terms are incorporated herein as
part of the terms and conditions of this Bill of Lading.
Copies of Carriers' tariffs may be obtained from Carrier
or its agents or from Carriers' web-site, the address of
which is set forth on the U.S. Federal Maritime
Commission's web-site at www.fmc.gov. Carrier may enter
into Negotiated Rate Arrangements with Merchant in lieu
of publishing the applicable rates and charges for
services provided in its rate tariff.
 
(23) PERISHABLE CARGO:
23.1 Goods of  a perishable nature shall be carried in
ordinary containers without special protection, services
or other measures unless there is noted on the reverse
side of this Bill of Lading that the goods will be
carried in a refrigerated, heated, electrically
ventilated or otherwise specially equipped container or
are to receive special attention in any way. 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,
ventilation or heating machinery, insulation, ship's
plant, or other such apparatus of the vessel or
container, provided that Carrier shall before or at the
beginning of the transport exercise due diligence to
maintain the special hold or container in an efficient
state.
23.2 Merchant undertakes not to tender for
transportation any goods that require refrigeration
without given written notice of their nature and the
required temperature setting of  the thermostatic
controls before receipt of  the goods by Carrier. In
case of  refrigerated containers packed by or on behalf
of Merchant, Merchant warrants that the goods have been
properly stowed in the container and that the
thermostatic controls have been adequately set before
receipt of the goods by Carrier.
23.3 Merchant's attention is drawn to the fact that
refrigerated containers are not designed to freeze down
cargo which has not been presented for stuffing at or
below its designated carrying temperature. Carrier shall
not be responsible for the consequences of cargo
tendered at a higher temperature than that required for
the transportation.
23.4 If the above requirements are not complied with,
Carrier shall not be liable for any loss of or damage to
the goods whatsoever.
 
24). RUST.
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 Goods.
Acknowledgement of receipt of the Goods in apparent good
order and condition is not a representation that such
conditions of rust, oxidation or the like did not exist
on receipt.
 
25) SEVERABILITY:
The terms of this Bill of Lading shall be severable,
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.
 
26) VARIATION OF THE CONTRACT:
No servant or agent of Carrier shall have power to waive
or vary any of the terms hereof
unless such variation is in writing and is specifically
authorized or ratified in writing by Carrier.

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