Effective	21NOV2017
Filed	21NOV2017
Filing Codes	C

K INTERNATIONAL TRANSPORT LINE -  TERMS AND CONDITIONS
Page 1
 
RECEIVED FOR SHIPMENT from the MERCHANT in apparent good
order and condition unless otherwise stated herein, the
GOODS mentioned on the face of this Bill of Lading to be
transported as provided herein, by any mode of transport
for all or any part of the Carriage, SUBJECT TO ALL THE
TERMS AND CONDITIONS appearing on the face and back
hereof and in the CARRIER'S applicable Tariff(s) and/or
Service Agreements, to which the Merchant agrees by
accepting this Bill of Lading.
 
1. DEFINITIONS.
a) "Bill of Lading" as used herein includes conventional
bills of lading, as well as electronic, express and
laser bills of lading, sea waybills and all like
documents, howsoever generated, covering the Carriage of
Goods hereunder, whether or not issued to the Merchant.
b) "Carriage" means the whole or any part of the
operations and services undertaken or performed by or on
behalf of the Carrier with respect to the Goods.
c) "Carrier" means the Company named on the face side
hereof and on whose behalf this Bill of Lading was
issued, whether acting as carrier or bailee.
d) "Charges" means freight, deadfreight, demurrage and
all expenses and money obligations incurred and payable
by the Merchant.
e) "Container" means any container (closed or open top),
van, trailer, flatbed, transportable tank, railroad car,
vehicle, flat, flatrack, pallet, skid, platform, cradle,
sling-load or any other article of transport and any
equipment associated or appurtenant thereto.
f) "Goods" means 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.
g) "Merchant" means the shipper, consignee, receiver,
holder of this Bill of Lading, owner of the cargo or
person entitled to the possession of the cargo and the
servants and agents of any of these, all of whom shall
be jointly and severally liable to the Carrier for the
payment of all Charges, and for the performance of the
obligations of any of them under this Bill of Lading.
h) "On Board" or similar words endorsed on this Bill of
Lading means that in a Port to Port movement, the Goods
have been loaded on board the Vessel or are in the
custody of the actual ocean carrier and, in the event of
intermodal transportation, if the originating carrier is
an inland or coastal carrier, means that the Goods have
been loaded on board rail cars or another mode of
transport at the Place of Receipt and/or are in the
custody of a Participating carrier and en route to the
Port of Loading named on the reverse side.
i) "Participating carrier" means any other carrier by
water, land or air, performing any stage of the
Carriage, including inland and coastal carriers, whether
acting as sub-carrier, connecting carrier, substitute
carrier or bailee.
j) "Person" means an individual, a partnership, a body
corporate or any other entity of whatsoever nature.
k) "Vessel" means the ocean vessel named on the face
side hereof, and any substitute vessel, feedership,
barge, or other means of conveyance by water used in
whole or in part by the Carrier to fulfill this
contract.
 
2. CARRIER'S TARIFFS.
The Goods carried hereunder are subject to all the terms
and conditions of the Carrier's applicable tariff(s)
and/or Service Agreements which, if required, are on
file with a regulatory body whose rules govern all or a
particular portion of the Carriage and said terms and
conditions 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(s) are
obtainable from the Carrier or concerned regulatory body
upon request. In the event of any conflict between the
terms and conditions of such tariff(s) and the Terms and
Conditions of this Bill of Lading, this Bill of Lading
shall prevail.
 
3. WARRANTY/ACKNOWLEDGMENT.
The Merchant warrants that in agreeing to the Terms and
Conditions hereof, it is, or is the agent and has the
authority of, the owner or person entitled to the
possession of the Goods or any person who has a present
or future interest in the Goods. The Merchant
acknowledges that the Carrier is a non-vessel operating
common carrier ("NVOCC"), and that it neither owns nor
charters vessels, as a result of which the Carrier or
any sub-carrier, connecting carrier or substitute
carrier (which may be a NVOCC) will be required to
contract with an actual ocean carrier to accomplish the
Carriage contemplated by this Bill of Lading and does so
as agent of the Merchant.
The Merchant further acknowledges that by identifying
the carrying Vessel on the face side hereof, it knows or
can determine the name of the actual ocean carrier and
the terms and conditions of the actual ocean carrier's
bill of lading and applicable tariff(s) and agrees to be
bound thereby.
 
4. RESPONSIBILITY.
a) Except where the Carriage covered by this Bill of
Lading is to or from a port or locality where there is
in force a compulsorily applicable 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, the
provisions of which cannot be departed from, and suit or
other proceeding is instituted and litigated in such
locality, this Bill of Lading shall have effect subject
to the Carriage of Goods by Sea Act of the United States
("COGSA"), approved April 16, 1936, and nothing herein
contained, unless otherwise stated, shall be deemed a
surrender by the Carrier of any of its rights,
immunities, exemptions, limitations or exonerations or
an increase of any of its responsibilities or
liabilities under COGSA or, as the case may be, such
compulsorily applicable ordinances or statutes. The
provisions of COGSA or such compulsorily applicable
ordinances or statutes (except as otherwise specifically
provided herein) shall govern before loading on and
after discharge from the vessel and throughout the
entire time the Goods or Containers or other packages
are in the care, custody and/or control of the Carrier,
Participating carriers or independent contractors
(inclusive of all subcontractors), their agents and
servants, whether engaged by or acting for the Carrier
or any other person, as well as during the entire time
the Carrier is responsible for the Goods. In the absence
of compulsorily applicable legislation, COGSA shall
apply.
b) The Carrier shall not be liable in any capacity
whatsoever for any delay, non-delivery, mis-delivery or
other loss or damage to or in connection with the Goods
or Containers or other packages occurring at any time
contemplated under subdivision a) of this Clause.
c) The Carrier shall, irrespective of which law is
applicable under subdivision a) of this Clause, be
entitled to the benefit of the provisions of Sections
181 through 186 and 188, Title 46, U.S. Code.
d) The rights, defenses, exemptions, limitations of and
exonerations from liability and immunities of whatsoever
nature provided for in this Bill of Lading shall apply
in any action or proceeding against the Carrier, its
agents and servants and/or any Participating carrier or
independent contractor.
 
5. THROUGH TRANSPORTATION.
When either the Place of Receipt or Place of Delivery
set forth herein is an inland point or place other than
the Port of Loading or Port of Discharge (Through
Transportation basis), the Carrier will procure
transportation to or from the sea terminal and such
inland point(s) or place(s) and, notwithstanding
anything in this Bill of Lading contained, but always
subject to Clause 4. hereof, the Carrier shall be liable
for loss or damage of whatsoever nature and howsoever
arising to the following extent, but no further:
a) Upon proof that the loss or damage arose during a
part of the Carriage herein made subject to COGSA or
other compulsorily applicable legislation, as set forth
in Clause 4. a) hereof, said legislation shall apply; or
b) Upon proof that the loss or damage not falling within
a) above, but concerning which the law of any country,
state or subdivision thereof contains provisions that
are compulsorily applicable and would have applied if
the Merchant had made a separate and direct contract
with the Carrier, a Participating carrier or independent
contractor, as referred to in Clause 4. a), relative to
a particular stage of transport or other handling
wherein the loss or damage occurred and received as
evidence thereof a particular receipt or other document,
then the liability of the Carrier, Participating carrier
and independent contractor shall be subject to the
provisions of such law.
c) If it should be determined that the Carrier bears any
responsibility for loss or damage occurring during the
care, custody and/or control of any Participating
carrier or independent contractor, and be subject to law
compulsorily applicable to their bills of lading,
receipts, tariffs and/or law applicable thereto, then
the Carrier shall be entitled to all rights, defenses,
immunities, exemptions, limitations of and exonerations
from liability of whatsoever nature accorded under such
bill of lading, receipt, tariff and/or applicable law,
provided however, that nothing contained herein shall be
deemed a surrender by the Carrier of any of its rights,
defenses and immunities or an increase of any of its
responsibilities or liabilities under this Bill of
Lading, the Carrier's applicable tariff or laws
applicable or relating to such Carriage.
d) Except as hereinabove provided, the Carrier shall
have no liability for damage to the Goods.
 
6. SUBCONTRACTING: BENEFICIARIES.
a) The Carrier shall be entitled to subcontract on any
terms the whole or any part of the Carriage, loading,
unloading, storing, warehousing, handling and any and
all duties whatsoever undertaken by it in relation to
the Goods or Containers or other packages or any other
goods.
b) It is understood and agreed that if it should be
adjudged that any person or entity other than or in
addition to the Carrier is under any responsibility with
respect to the Goods or any other goods, regardless of
the port or place where any loss or damage shall occur
and without regard to whether the Goods covered hereby
or any other goods are being handled or are damaged
directly or indirectly during any handling, and even if
the Goods or other goods are transported on free in,
stowed and/or free out terms, all exemptions,
limitations of and exonerations from liability provided
by law or by the Terms and Conditions hereof shall be
available to all agents, servants, employees,
representatives, all Participating (including inland and
coastal) carriers and all stevedores, terminal
operators, warehousemen, crane operators, watchmen,
carpenters, ship cleaners, surveyors and all independent
contractors whatsoever. In contracting for the foregoing
exemptions, limitations of 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 the
contract evidenced by this Bill of Lading, regardless
for whom acting or by whom retained and paid, it being
always understood that said beneficiaries are not
entitled to any greater or further exemptions,
limitations of or exonerations from liability than those
that the Carrier has under this Bill of Lading in any
given situation.
c) 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 total or any part of the Carriage from
Port of Loading to Port of Discharge or from Place of
Receipt to Place of Delivery, or any combination
thereof, except as may be otherwise provided herein.
d) The Merchant agrees that the Carrier shall be deemed
to be a beneficiary of the actual ocean carrier's bill
of lading and of all exemptions, limitations of and
exonerations from liability therein contained even
though the Carrier acts as agent of the Merchant in
contracting with the actual ocean carrier for the
Carriage of the Goods. Notwithstanding, under no
circumstances shall the Carrier be responsible for any
damages to an extent greater than the actual ocean
carrier or any beneficiaries thereof or hereof.
e) No agent or servant of the Carrier or other person or
class named in subdivision b) hereof shall have power to
waive or vary any of the Terms and Conditions hereof
unless such waiver or variation is in writing and is
specifically authorized or ratified in writing by an
officer or director of the Carrier having actual
authority to bind the Carrier to such waiver or
variation.
 
7. MERCHANT'S RESPONSIBILITY/ DESCRIPTION OF GOODS.
a) The description and particulars of the Goods set out
on the face hereof or any description, particular or
other representation appearing on the Goods or documents
relating thereto are furnished by the Merchant and the
Merchant warrants to the Carrier that the description,
particulars and any representation made including, but
not limited to, weight, content, measure, quantity,
quality, condition, marks, numbers and value are
correct.
b) The Merchant warrants that it has complied with all
applicable laws, regulations and requirements of
Customs, Port and other Authorities and shall bear and
pay all duties, taxes, fines, imposts, expenses and
losses incurred or suffered by reason thereof or by
reason of any illegal, incorrect or insufficient
marking, numbering, addressing or any other particular
relative to the Goods.
c) The Merchant further warrants that the Goods are
packed in a manner adequate to withstand the ordinary
risks of Carriage having regard to their nature and in
compliance with all laws, regulations and requirements
which may be applicable.
d) No Goods which are or may become dangerous,
inflammable or damaging or which are or may become
liable to damage any property or person whatsoever shall
be tendered to the Carrier for Carriage without the
Carrier's prior express consent in writing and without
the Container or other covering in which the Goods are
to be transported being distinctly marked on the outside
thereof so as to indicate the nature and character of
any such articles and so as to comply with all
applicable laws, regulations and requirements. If any
such articles are delivered to the Carrier without such
written consent and marking or if in the opinion of the
Carrier the articles are or are liable to become of a
dangerous, inflammable or damaging nature, the same may
at any time be destroyed, disposed of, abandoned or
rendered harmless without compensation to the Merchant
and without prejudice to the Carrier's right to Charges.
e) The Merchant shall be liable for all loss or damage
of any kind whatsoever, including but not limited to
contamination, soiling, detention and demurrage before,
during and after the Carriage of property (including but
not limited to Containers) of the Carrier or any person
or vessel (other than the Merchant) caused by the
Merchant or any person acting on its behalf or for which
the Merchant is otherwise responsible.
f) 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, 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, import, loss, damage or
detention sustained or incurred by or levied upon the
Carrier, Vessel or 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 or other 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 of 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.
g) The Merchant shall defend, indemnify and hold
harmless the Carrier, any Participating carrier,
independent contractor, their agents and servants,
against any loss, damage, claim, liability or expense
whatsoever arising from any breach of the provisions of
this Clause 7. or from any cause in connection with the
Goods for which the Carrier is not responsible.
 
8. CONTAINERS.
a) Goods may be stowed by the Carrier in or on
Containers, and may be stowed with other goods.
Containers, whether stowed by the Carrier or received
fully stowed, may be carried on or under deck without
notice, and the Merchant expressly agrees that cargo
stowed in a Container and carried on deck is considered
for all legal purposes to be cargo stowed under deck.
Goods stowed in Containers on deck shall be subject to
the legislation referred to in Clause 4. hereof and will
contribute in General Average and receive compensation
in General Average, as the case may be.
b) The Terms and Conditions of this Bill of Lading shall
govern the responsibility of the Carrier with respect to
the supply of a container to the Merchant.
c) If a Container has been stuffed by or on behalf of
the Merchant, the Carrier, any Participating Carrier,
all independent contractors and all persons rendering
any service whatsoever hereunder shall not be liable for
any loss or damage to the Goods, Containers or other
packages or to any other goods caused (1) by the manner
in which the Container has been stuffed and its contents
secured, (2) by the unsuitability of the Goods for
carriage in Containers or for the type of Container
requested by and furnished to the Merchant, or (3)
condition of the Container furnished, which the Merchant
acknowledges has been inspected by it or on its behalf
before stuffing and sealing.
d) The Merchant shall defend, indemnify and hold
harmless the Carrier, any Participating carrier,
independent contractor, their agents and servants,
against any loss, damage, claim, liability or expense
whatsoever arising from one or more of the matters
covered by a), b) and/or c) above.
 
9. CONTAINERS WITH HEATING OR REEFER APPARATUS.
Containers with temperature or atmosphere control
apparatus for heating, refrigeration, ventilation or
otherwise will not be furnished unless contracted for
expressly in writing at time of booking and, when
furnished, may entail increased Charges. In the absence
of an express request, it shall be conclusively presumed
that the use of a dry container is appropriate for the
Goods.
Merchant must provide Carrier with desired temperature
range in writing at time of booking and insert same on
the face side of the Bill of Lading and, where so
provided, Carrier is to exercise due diligence to
maintain the temperature within a reasonable range while
the Containers are in its care, custody and/or control
or that of any Participating carrier or independent
contractor. The Carrier does not accept any
responsibility for the functioning of temperature or
atmosphere-controlled Containers not owned or leased by
Carrier or for latent defects not discoverable by the
exercise of due diligence.
Where the Container is stuffed or partially stuffed by
or on behalf of the Merchant, the Merchant warrants that
it has properly pre-cooled or pre-heated the Container,
that the Goods have been properly stuffed and secured
within the Container and that the temperature controls
have been properly set prior to delivery of the
Container to the Carrier, or any Participating carrier
or independent contractor, their agents and servants.
The Merchant accepts responsibility for all damage or
loss of whatsoever nature resulting from a breach of any
of these warranties, including but not limited to other
cargo consolidated in the Container with the Merchant's
Goods or to any other cargo, property or person damaged
or injured as a result thereof, and the Merchant agrees
to defend, indemnify and hold the Carrier, Participating
carriers and independent contractors, their agents and
servants, harmless from and against all claims, suits,
proceedings and all other consequences thereof
regardless of their nature and merit.
 
10. OPTION OF INSPECTION.
The Carrier and any Participating carrier shall be
entitled, but under no obligation, to open any Container
at any time and to inspect the contents. 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, the
Carrier and Participating carrier may abandon the
transportation thereof and/or take any measures and/or
incur any reasonable additional expenses to continue the
Carriage or to store the Goods, which storage shall be
deemed to constitute due delivery under this Bill of
Lading. The Merchant shall indemnify the Carrier, any
Participating carrier, independent contractor, their
agents and servants, against any reasonable additional
Charges so incurred.
 
11. DECK CARGO.
Deck cargo (except that 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 will not in any event be
liable for any loss or damage for or from which he is
exempt, immune or exonerated by applicable law, 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 may
be otherwise provided, such shipments shall be deemed
Goods and shall be subject to all Terms and Conditions
of this Bill of Lading.
 
12. METHODS AND ROUTES OF TRANSPORTATION.
With respect to the Goods or Containers or other
packages, the Carrier may at any time and without notice
to the Merchant:
a) use any means of transport (water, land and/or air)
or storage whatsoever;
b) forward, transship or retain on board or carry on
another vessel or conveyance or by any other means of
transport than that named on the reverse side hereof;
c) carry Goods on or under deck at its option;
d) proceed by any route in its sole and absolute
discretion and whether the nearest, most direct,
customary or advertised route or in or out of
geographical rotation;
e) proceed to or stay at any place whatsoever once or
more often and in any order or omit calling at any port,
whether scheduled or not;
f) store, vanned or devanned, at any place whatsoever,
ashore or afloat, in the open or covered;
g) proceed with or without pilots;
h) carry livestock, contraband, explosives, munitions,
warlike stores, dangerous or hazardous Goods or Goods of
any and all kinds;
i) drydock or stop at any unscheduled or unadvertised
port for bunkers, repairs or for any purpose whatsoever;
j) discharge and require the Merchant to take delivery,
vanned or devanned;
k) comply with any orders, directions or recommendations
given by any government or authority or by any person or
body acting or purporting to act with the authority of
any government or authority or having under the terms of
the insurance on the Vessel or other conveyance employed
by the Carrier the right to give such orders, directions
or recommendations.
l) take any other steps or precautions as may appear
reasonable to the Carrier under the circumstances.
The liberties set out in subdivisions a) through l) may
be invoked for any purpose whatsoever even if not
connected with the Carriage covered by this Bill of
Lading, and any action taken or omitted to be taken, and
any delay arising therefrom, shall be deemed to be
within the contractual and contemplated Carriage and not
be an unreasonable deviation.
In no circumstance whatsoever shall the Carrier be
liable for direct, indirect or consequential loss or
damage caused by delay.
 
13. MATTERS AFFECTING PERFORMANCE.
In any situation whatsoever and wheresoever occurring
and whether existing or anticipated before commencement
of, during or after the Carriage, which in the judgment
of the Carrier is likely to give rise to any hindrance,
risk, capture, seizure, detention, damage, delay,
difficulty or disadvantage or loss to the Carrier or any
part of the Goods, or make it unsafe, imprudent,
impracticable or unlawful for any reason to receive,
keep, load, carry or discharge them or any part of them
or commence or continue the Carriage or disembark
passengers at the Port of Discharge or of the usual or
intended place of discharge or delivery, or to give rise
to danger, delay or difficulty of whatsoever nature in
proceeding by the usual or intended route, the Carrier
and any Participating carrier, independent contractor,
their agents and servants, without notice to the
Merchant, may decline to receive, keep, load, carry or
discharge the Goods, or may discharge the Goods and may
require the Merchant to take delivery and, upon failure
to do so, may warehouse them at the risk and expense of
the Merchant and Goods or may forward or transship them
as provided in this Bill of Lading, or the Carrier may
retain the Goods on board until the return of the Vessel
to the Port of Loading or to the Port of Discharge or
any other point or until such time as the Carrier deems
advisable and thereafter discharge them at any place
whatsoever. In such event, as herein provided, such
shall be at the risk and expense of the Merchant and
Goods, and such action shall constitute complete
delivery and performance under this contract, and the
Carrier shall be free from any further responsibility.
For any service rendered as herein above provided or for
any delay or expense to the Vessel or Carrier caused as
a result thereof, the Carrier shall, in addition to full
Charges, be entitled to reasonable extra compensation,
and shall have a lien on the Goods for same. Notice of
disposition of the Goods shall be sent to the Merchant
named in this Bill of Lading within a reasonable time
thereafter. All actions taken by the Carrier hereunder
shall be deemed to be within the contractual and
contemplated Carriage and not be an unreasonable
deviation.
 
14. DELIVERY.
If delivery of the Goods or Containers or other packages
or any part thereof is not taken by the Merchant when
and where and at such time and place as the Carrier is
entitled to have the Merchant take delivery, whether or
not the Goods are damaged, they shall be considered to
have been delivered to the Merchant, and the Carrier
may, at its option, subject to its lien and without
notice, elect to have same remain where they are or, if
containerized, devanned and sent to a warehouse or other
place, always at the risk and expense of the Merchant
and Goods. If the Goods are stowed within a Container
owned or leased by the Carrier, the Carrier shall be
entitled to devan the contents of any such Container,
whereupon the Goods shall be considered to have been
delivered to the Merchant, and the Carrier may, at its
option, subject to its lien and without notice, elect to
have same remain where they are or sent to a warehouse
or other place, always at the risk and expense of the
Merchant and Goods. 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 Vessel can get to, be at, 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 Vessel at the risk and expense of
the Merchant and 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
Merchant and 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.
 
15. CHARGES, INCLUDING FREIGHT.
The Charges payable hereunder have been calculated on
the basis of particulars furnished by or on behalf of
the Merchant. The Carrier shall, at any time, be
entitled to inspect, reweigh, remeasure or revalue the
contents and, if any of the particulars furnished by the
Merchant are found to be incorrect, the Charges shall be
adjusted accordingly, and the Merchant shall be
responsible to pay the correct Charges and all expenses
incurred by the Carrier in checking said particulars or
any of them.
Charges shall be deemed earned on acceptance of the
Goods or Containers or other packages for shipment by or
on behalf of the Carrier and shall be paid by the
Merchant in full, without any offset, counterclaim or
deduction, cargo and/or vessel or other conveyance lost
or not lost, and shall be non-returnable in any event.
The Merchant shall remain responsible for all Charges,
regardless whether the Bill of Lading states, in words
or symbols, that it is "Prepaid," "To be Prepaid" or
"Collect." In arranging for any services with respect to
the Goods, the Carrier shall be considered the exclusive
agent of the Merchant for all purposes, and any payment
of Charges to other than the Carrier shall not, in any
event, be considered payment to the Carrier. The
Merchant shall defend, indemnify and hold the Carrier,
any Participating carrier, independent contractor, their
agents and servants, harmless from and against all
liability, loss, damage and expense which may be
sustained or incurred relative to the above.
 
16. CARRIER'S LIEN.
The Carrier shall have a lien on the Goods, inclusive of
any Container owned or leased by the Merchant, as well
as on any Charges due any other person, and any
documents relating thereto, which lien shall survive
delivery, for all sums due under this contract or any
other contract or undertaking to which the Merchant was
party or otherwise involved, including, but not limited
to, General Average contributions, salvage and the cost
of recovering such sums, inclusive of attorney's fees.
Such lien may be enforced by the Carrier by public or
private sale at the expense of and without notice to the
Merchant.
The Merchant agrees to defend, indemnify and hold the
Carrier, any Participating carrier, independent
contractor, their agents and servants, harmless from and
against all liability, loss, damage or expense which may
be sustained or incurred by the Carrier relative to the
above and the Merchant agrees to submit to the
jurisdiction of any court, tribunal or other body before
whom the Carrier may be brought, whether said proceeding
is of a civil or criminal nature.
 
17. NOTIFICATION AND DELIVERY.
(1) Notification: Any mention herein of parties to be
notified of the arrival of the Goods is solely for
information of the Carrier and failure to give such
notification shall not involve the Carrier in any
liability nor relieve the Merchant of any obligation
hereunder.
(2) Remittance to public organism: In any case the
remittance of the Goods to any public, semipublic or
monopolistic organism entitled to receive them shall be
considered as delivery and the responsibility of the
Carrier shall wholly cease at the time of such
remittance. Similarly the forced delivery to customs or
any other authority whether effective or purely formal
shall constitute delivery of the Goods.
(3) Delivery at Port of Discharge: In case of Port to
Port Shipment and where there is no Place of Delivery
named on the face hereof, the Carrier shall be at
liberty to discharge the Goods or any part thereof at
the Port of Discharge, without notice directly when they
come to hand at or on any wharf, craft, lighter or
place, on any day and at any time, whereupon, whatever
the law or the custom of the port, the responsibility of
the Carrier (if any) in respect of the Goods or that
part thereof discharged as aforesaid shall wholly cease
notwithstanding that any charges, dues or other expenses
may be or become payable insofar as the preceding
provisions would be considered as unlawful or
inapplicable, responsibility of the carrier would cease
according to subclause (2) hereabove and (5)(a)
hereunder. The Merchant shall take delivery of the Goods
upon discharge. All expenses incurred by reason of the
Merchant's failure or inability to take delivery of the
Goods as aforesaid will be for the Merchant's account.
(4) Delivery at Place of Delivery: Where the Place of
Delivery is named on the face hereof, the Merchant shall
take delivery of the Goods or Containers within the time
provided for in the Carrier's applicable tariff (see
clause 2) or in any case within 4 days following the
moment when the Goods or Containers are available. The
responsibility of the Carrier shall wholly cease by the
remittance of the Goods or Containers to the Consignee
or any person acting on his behalf, provided that
delivery occurs in due time.
(5) Failure to take delivery (Port to Port Shipment and
Combined Transport):
(a) Whenever delivery of the Goods or Containers is not
taken by the Merchant in due time and provided that
delivery is not deemed to be earlier released under the
provisions of subclause (2) and (3) hereabove, the
responsibility of the Carrier shall wholly cease, and
the cost of the storage and or containers demurrages
shall forthwith upon demand be paid by the Merchant to
the Carrier.
(b) If the delivery of the Goods or any part thereof is
not taken by the Merchant at the time when the Carrier
is entitled to call upon the Merchant to take delivery
thereof, the Carrier shall have the option as his
absolute discretion either to leave the Goods in
Containers or to unpack the Goods or that part thereof
if packed in containers without notice and the Carrier
shall be entitled to store the Containers, the Goods or
that part thereof ashore, afloat, in the open or under
cover.
(c) If the Merchant fails to take delivery of the Goods
within thirty days of delivery becoming due under
subclause (3) or (4) above, or if in the opinion of the
Carrier they are likely to be stolen, to deteriorate,
decay, become worthless or incur charges whether for
storage, demurrages or otherwise representing more than
fifty percent of their possible proceeds of sale, the
Carrier may without notice and without any liability
whatsoever attaching to him, sell or dispose of the
Goods by auction or by private treaty and apply the
proceeds of sale in reduction of the sums due to the
Carrier from the Merchant in respect of this Bill of
Lading.
(6) Refusal by the Merchant to accept delivery of the
Goods in accordance with the terms of this Clause
constitutes an absolute waiver by the Merchant to the
Carrier of any claim whatsoever relating to the Goods or
Carriage thereof.
 
18. 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.
 
19. GENERAL AVERAGE.
a) If General Average is declared, it shall be adjusted
according to the York/Antwerp Rules of 1994 and all
subsequent amendments thereto from time to time made, at
any place at the option of any person entitled to
declare General Average, and the Amended Jason Clause as
approved by BIMCO is to be considered as incorporated
herein, and the Merchant shall provide such security as
may be required in this connection.
b) Notwithstanding a) above, the Merchant shall defend,
indemnify and hold harmless the Carrier and any
Participating carrier, their agents and servants, in
respect of any claim (and any expense arising therefrom)
of a General Average nature which may be made against
the Carrier and/or any Participating carrier and shall
provide such security as may be required in this
connection.
c) Neither the Carrier nor any Participating carrier
shall be under any obligation to take any steps
whatsoever to collect security for General Average
contributions due to the Merchant.
 
20. LIMITATION OF LIABILITY.
Except as otherwise provided in this Clause or elsewhere
in this Bill of Lading, in case of any loss or damage to
or in connection with cargo exceeding in actual value
the equivalent of $500 lawful money of the Unites
States, per package, or in case of cargo not shipped in
packages, per shipping unit, the value of the cargo
shall be deemed to be $500 per package or per shipping
unit. The Carrier's liability, if any, shall be
determined on the basis of a value of $500 per package
or per shipping unit or pro rata in case of partial loss
or damage, unless the nature of the cargo and valuation
higher than $500 per package or per shipping unit shall
have been declared by the Merchant before shipment and
inserted in this Bill of Lading, and extra freight paid
if required. In such case, if the actual value of the
cargo 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. 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 cargo
shipped in bulk, and irrespective of the weight or
measurement unit employed in calculating freight and
related charges. As to cargo shipped in bulk, the
limitation applicable thereto shall be the limitation
provided in Section 1304(5) of COGSA, or such other
legislation, convention or law as may be compulsorily
applicable, and in no event shall anything herein be
construed as a waiver of limitation as to cargo shipped
in bulk. Where a Container is not stuffed by or on
behalf of the Carrier or the parties characterize the
Container as a package or a lump sum freight is
assessed, in any of these events, each individual such
Container, including in each instance its contents,
shall be deemed a single package and Carrier's liability
limited to $500 with respect to each such package,
except as otherwise provided in this Clause or elsewhere
in this Bill of Lading with respect to each such
package. In the event this provision should be held
invalid during that period in which compulsory
legislation shall apply of its own force and effect,
such as during the tackle-to-tackle period, it shall
nevertheless apply during all non-compulsory periods
such as, but not limited to, all periods prior to
loading and subsequent to discharge from the Vessel for
which the Carrier remains responsible. Where
compulsorily applicable legislation provides a
limitation less than $500 per package or shipping unit,
such lesser limitation shall apply and nothing herein
contained shall be construed as a waiver of a limitation
less than $500. Further, where a lesser monetary
limitation is applicable, such as during handling by a
Participating carrier or independent contractor and
damage occurs during its or their period of care,
custody, control and/or responsibility, the Carrier
shall be entitled to avail itself of such lesser
limitation.
 
21. NOTICE OF CLAIM: TIME FOR SUIT.
As to any loss or damage presumed to have occurred
during the Carrier's period of responsibility, the
Carrier must be notified in writing of any such loss or
damage or claim before or at the time of
discharge/removal of the Goods by the Merchant or, if
the loss or damage is not then apparent, within 3
consecutive days after discharge/delivery or the date
when the Goods should have been discharged/delivered. If
not so notified, discharge, removal or delivery,
depending upon the law applicable, shall be prima facie
evidence of discharge/delivery in good order by the
Carrier of such Goods. In any event, the Carrier shall
be discharged from all liability of whatsoever nature
unless suit is brought within 1 year after delivery of
the Goods or the date when the Goods should have been
delivered, provided however, that if any claim should
arise during a part of the transport which is subject by
applicable law and/or tariff and/or contract to a
shorter period for notice of claim or commencement of
suit, any liability whatsoever of the Carrier shall
cease unless proper claim is made in writing and suit is
brought within such shorter period. Suit shall not be
deemed "brought" unless jurisdiction shall have been
obtained over the Carrier by service of process or by an
agreement to appear. In the event this provision should
be held invalid during that period in which compulsory
legislation shall apply of its own force and effect,
such as during the tackle-to-tackle period, it shall
nevertheless apply during all non-compulsory periods
during which the Carrier remains responsible for the
Goods.
 
22. LAW AND JURISDICTION.
a) Governing Law shall be in accordance with Clause 4.
hereof.
b) Jurisdiction
All disputes in any way relating to this Bill of Lading
shall be determined by the United States District Court
for the Southern District of New York to the exclusion
of the jurisdiction of any other courts in the United
States or the courts of any other country PROVIDED
ALWAYS that the Carrier may in its absolute and sole
discretion invoke or voluntarily submit to the
jurisdiction of any other court which, but for the terms
of this Bill of Lading, could properly assume
jurisdiction to hear and determine such disputes, but
such shall not constitute a waiver of the terms of this
provision in any other instance.
 
23. NON-WAIVER AND SEPARABILITY.
Nothing in this Bill of Lading shall operate to deprive
the Carrier of any statutory protection or any defense,
immunity, exemption, limitation of or exoneration from
liability contained in the laws of the United States, or
of any other country whose laws may be applicable. The
Terms and Conditions of this Bill of Lading (including
all the terms and conditions of the carrier's applicable
tariff or tariffs, incorporated herein by virtue of
Clause 2 above) 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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