Effective	03APR2018
Filed	03APR2018
Filing Codes	C

 
BILL OF LADING
FOR PORT TO PORT SHIPMENT OR FOR COMBINED TRANSPORT
DEFINITIONS
"Merchant:" means and includes the Shipper, the
Consignor, the Holder of this Bill of Lading, the  
Receiver and the Owner of the Goods
"Carrier" means the issuer of this Bill of Lading as
named on the face of it
"Hague Rules" means the provisions of the International
Convention for Unification of caring Rules relating to
Bills of Lading signed at Brussels on 25th August 1924
"Hague-Visby Rules" means The Hague Rules as amended by
the Protocol signed at Brussels on 23rd February 1968
"Hamburg Rules" means the provisions of the United
Nations Convention on the Carriage of Goods by Sea 1978
"COGSA 1991" means the Carriage of Goods by Sea Act 1991
of Australia dated 1st November 1991
"COGSA 197 1/92" means the Carriage of Goods by Sea. Act
of the Unfiled Kingdom dated   8th April   1971 and also
includes the provisions of the. Act dated   16th July 1992
"COGSA 1936" means the Carriage of Goods by Sea. Act of
the unfiled States of America approved on 16th April 1936
"COGWA 1993" means the Carriage of Goods by Water. Act
of Canada dated May 6th 1993
"SDR'S" means Special Drawing Rights as defined   by the
International Monetary Fund
"Container" includes any type of Container, Trailer,
Flat or Unit Load Device
"Person" includes an individual, a firm and a body corporate
 
CONDITIONS
1. APPLICABILITY
The provisions set out and referred to in this document
shall apply if the transport as described on the face of
the Bill of Lading is Port to Port or Combined
Transport.
 
2. CARRIER'S TARIFF
The provisions of the Carrier's applicable Tariff, if
any, are incorporated herein Copies of such provisions
are obtainable from the Carrier or his agents upon
request or, where applicable, from a government body
with whom the Tariff has been filed in the case of
inconsistency between this Bill of Lading and the
applicable Tariff, this Bill of Lading shall prevail.
 
3. WARRANTY
The Merchant warrants that in agreeing to the terms
hereof he is the agent of and has the authority of the
person owning or entitled to the possession of the Goods
or any person who has a   present or future interest in
the Goods
 
4. NEGOTIABILITY AND TITLE TO THE GOODS
(1) This Bill of Lading shall be non-negotiable unless
made "to order" in which event it shall be negotiable
and shall constitute title to the Goods and the holder
shall be entitled to receive or to transfer the Goods
herein described
(2) This Bill of Lading shall be prima facie evidence of
the taking in charge by the Carrier of the Goods as
herein described.  However, proof to the contrary shall
not be admissible when this Bill of Lading has been
negotiated or transferred for valuable consideration to
a third party acting in good faith.
 
5. ISSUANCE OF THIS BILL of LADING
By issuance of this Bill of Lading the Carrier assumes
liability as set out in these Conditions and
(1) For Port to Port or Combined Transport, undertakes
to perform and/or in his own name to procure the
performance of the entire transport, from the place at
which the Goods are taken in charge to the place
designated for delivery in this Bill of Lading
(2) For the purposes and subject to the pro visions of
this Bill of Lading, the Carrier shall be responsible
for the acts and omissions of any person of whose
services he makes use for the performance of the
Contract evidenced by this Bill of Lading, but see
clause 26 below.
(3) When issued on a Port to Port Basis, the
responsibility of the Carrier is limited to that part of
the Carriage from and during loading onto the vessel up
to and during discharge from the vessel and the Carrier
shall not be liable for any 1055 or damage wha15oever in
respect of the Goods or for any other matter arising
during any other part of the Carriage even though
charges for the whole Carriage have been charged by the
Carrier.  The  Merchant constitutes  the  Carrier  as
agent to  enter  into  mntract5 on behalf of the
Merchant with others for transport, storage, handling or
any  other services in respect of the Goods prior to
loading and sul:6equent to  discharge of  the Goods from
the  vessel  without responsibility  for any  act or
omission  whal5oever  on the part of the Carrier  or 
others  and the Carrier may as  such  agent  enter into
contract with others on  any  terms  whatsoever 
inducing  terms  less  favorable  than the terms in this
Bill of  Lading
 
6. DANGEROUS GOODS INDEM NITY
(1) The Merchant shall comply with the rules which are
mandatory according to the National La w or by reason of
International Convention, relating to the carriage of
Goods of a dangerous nature, and shall in any case
inform the Carrier in writing of the exact nature of the
danger, before Goods of a dangerous nature are taken in
charge by the Carrier and indicate to him, if need be,
the precautions to be taken
If the Merchant fails to  provide  such information  and
 the  Carrier  is  unaware of the  dangerous  nature  of
the  Goods  and the  necessary precautions  to  be 
taken  and if, at the time, they are deemed to be a
hazard to  life  or  property,  they  may at any place
be unloaded, destroyed or rendered harmless, as
circumstances may require,  without compensation, and
the Merchant shall be liable for all loss, damage, delay
or expenses arising out of their being @ken in charge, 
or  their carriage,  or  of  any services  incidental
thereto
If any Goods shipped with the knowledge of the Carrier
as to their dangerous nature shall become a danger to
the vessel, vehicle or cargo, they may in like manner be
unloaded or landed at any place or destroyed or rendered
innocuous by the Carrier, without liability on the part
of the Carrier, except General Average, if any.
 
 
7. DESCRIPTION Of GOODS AND MERCHANT'S PACKING
(1) The Merchant shall be deemed to have guaranteed to
the Carrier the accuracy, at the time the Goods were
taken in charge by the Carrier, of the description of
the Goods, marks, numbers, quantity, weight and/or
volume as furnished by him, and the Merchant shall
defend, indemnify and hold harmless the Carrier against
all loss, damage and expenses arising or resulting from
inaccuracies in or inadequacy of such particulars. The
right of the Carrier to such obligation from the
Merchant shall in no way limit his responsibility and
liability under this Bill of Lading to any person other
than the Merchant
(2)Without prejudice to Clause 8 (A)  (2) (c), the
Merchant shall  be liable for any loss, damage or injury
caused by faulty or insufficient packing of Goods or by
faulty loading or packing within containers and trailers
and on flats when such loading or packing has been
performed by the Merchant or on behalf of the Merchant
by a person other than the Carrier, or by defect or
unsuitability of the containers, trailers or flats, when
supplied by the Merchant, and shall defend , indemnify
and hold harmless the  Carrier against any additional 
expenses so caused .
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 and
acknowledgement of the 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
(a) The Merchant undertakes not to tender for
transportation any Goods which require temperature
control without previously giving written notice of
their nature and particular temperature range to be
maintained and in the case of a temperature controlled
Container stuffed by or on behalf of the Merchant
further undertakes that the Goods have been properly
stuffed in the Container and that its thermostatic
controls. have been properly set by the Merchant before
receipt of the Goods by the Carrier. If the said
requirements are not complied with the Carrier shall not
be liable for any loss of or damage to the Goods by such
non-compliance
(b) The Carrier shall not be liable for any loss of or
damage to the Goods arising from latent defects,
derangement, breakdown, stoppage of the temperature
controlling machinery, plant insulation or any apparatus
of the Containers, provided that the Carrier shall
before or at the beginning of the transport exercise due
diligence to maintain the temperature controlled
Container in an efficient state
 
8. EXTENT OF LIABILITY
A. (1) The Carrier shall be liable for 1055 or damage to
the Goods occurring between the time when he takes he
Goods into his charge and the time of delivery.
(2) The Carrier shall, however, be relieved of liability
for any loss or damage if such loss or damage was caused
by
(a) an act or omission of the Merchant, or person other
than the Carrier acting on behalf of the Merchant or
from whom the Carrier took the Goods in charge:
(b) insufficiency or defective condition of the
packaging or marks and/or numbers
(c) handling, loading, storage or unloading of the Goods
by the Merchant or any person acting on behalf of the
Merchant
(d) inherent vice of the Goods
(e) strike, lockout, stoppage or restraint of labour,
the consequences of which the Carrier could not avoid by
the exercise of reasonable diligence
(f) a nuclear incident if the operator of a nuclear
installation or a person acting for him is liable for
this damage under an applicable International Convention
or National Law governing liability in respect of
nuclear energy
(g) any cause or event which the Carrier could not avoid
and the consequences whereof he could not prevent by the
exercise of reasonable diligence.
(3) The burden of proving that the loss or damage was
due to one or more of the above causes or events shall
rest upon the Carrier.  When the Carrier establishes
that, in the circumstances of the case, the loss or
damage could be attributed to one or more of the causes
and events specified in (b) to (d) above, it shall be
presumed that it was so caused. The claimant shall,
however, be entitled to prove that the loss or damage
was not, in fact, caused wholly or partly by one or more
of these causes or events.
When in accordance with Clause B A(1) the  Carrier is
liable  to pay compensation in respect of 1055 or damage
and the stage  of transport where  loss  or  damage
occurred is known, the liability of the Carrier  in
respect of  such  loss or damage  shall be -
(1) 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 the claimant, and would have applied
if the claimant had made a separate and direct contract
with the 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
(2) with respect to the transportation in the United
States of America or in Canada to the Port of Loading or
from the Port of Discharge, the responsibility of the
Carrier shall be to procure transportation by carriers
(one or more) and such transportation shall be subject
to the inland carriers' contracts of carriage and
tariffs and any law compulsorily applicable. The Carrier
guarantees the fulfilment of such inland carriers'
obligation under the contracts and tariffs.
 
9. CONTAINERS
(1) Goods may be stuffed by the Carrier in or on
Containers and Goods may be stuffed with other Goods
(2) The terms of this Bill of Lading Shall Govern the
responsibility of the Carrier in connection with or
arising out of the supply of a Container to the
Merchant, whether supplied before or after the Goods are
received by the Carrier or delivered to the Merchant
(3) If a Container has been stuffed by or on behalf of
the Merchant.
(A)the Carrier shall not be liable for loss or damage to
the   Goods;
(i) caused by the manner in which the Container has been
stuffed
(ii) caused by the unsuitability of the Goods for
carriage in Containers;
(iii) caused by the unsuitability or defective condition
of the Container provided that where the Container has
been supplied by or on behalf of the Carrier, this
paragraph (iii) shall only apply if the unsuitability or
defective condition arose (a) without any want of due
diligence on the part of the Carrier or (b) would have
been apparent on reasonable inspection by the Merchant
at or prior to the time when the Container was stuffed;
(iv)  if the Container is not sealed at the commencement
of the Carriage except where the Carrier has agreed to
seal the   Container
(B)the Merchant shall defend, indemnify and hold
harmless the Carrier against any loss, damage, claim,
liability or expense whatsoever arising from one or more
of the matters covered by (A) above except for (A) (iii)
(a)
(4) Where the Carrier is instructed to provide a
Container, in the absence of a written request to the
contrary, the Carrier is not under an obligation to
provide a Container of any particular type or quality
 
10    PARAMOUNT CLAUSE
(1) This Bill of Lading insofar as it relates to sea
carriage by any vessel whether named herein or not shall
have effect subject to The Hague Rules or any
legislation making such Rules or The Hague-Visby Rules
compulsorily applicable (such as COGSA 1991 or COGSA
1936) to this Bill of Lading and the provision of The
Hague Rules or applicable legislation shall be deemed
incorporated herein.  The Hague Rules (or COGSA 1936 if
this Bill of Lading is subject to U.S. la w) shall apply
to the carriage of Goods by inland waterways and
reference to carriage by sea in such Rules or
legislation shall be deemed to include reference to
inland waterways.  The Hague Rules or Hague Visby Rules
applicable legislation shall apply to all Goods whether
carried on deck or under deck. If and to extent that
provisions of the Harter Act of the United States of
America 1893 would otherwise be compulsorily applicable
to regulate the Carrier's responsibility for the Goods
during any period prior to loading on or after discharge
from the vessel, the Carrier's responsibility shall
instead be governed by the provisions of Clause B, but
if such provisions are found to invalid such
responsibility shall be subject to COGSA  1936
(2) The Carrier shall be entitled (and  nothing  in this
 Bill  of  Lading  shall operate to limit or deprive
such entitlement) to the full  benefit of, and  rights
to, all limitations of or exemptions from liability and
all rights conferred or authorised by any applicable la
w, statute or regulation of any country including,  but 
not  limited  to, where applicable any provisions of
sections 4281 to 4287, inclusive, of the  Revised
Statutes of the United States  of America and amendments
thereto and where applicable any  provisions of the laws
of the United  States of   America
(3)  Save  where  the  Hague  or  Hague/Visby  Rules 
apply  by  reason  of  ( 1)  above,  this  Bill of
Lading shall take  effect  subject  to  any  national 
la w  in  force  at  the  port  of shipment or place  of
 iS5Ue  of  the  Bill  of  Lading  or  elsewhere  making
 the  Hamburg Rules compulsorily applicable to this 
Bill  of  Lading  in  which  case  this  Bill  of 
Lading shall have effect subject to the Hamburg  Rules 
which  shall  nullify  any  stipulation derogating  
therefrom   to  the   detriment   of   the   shipper  or
consignee
 
11 LIMITATION AMOUNT
(1) When the Carrier is liable for compensation in
respect of loss or damage to the Goods, such
compensation shall be calculated by reference to the
value of such Goods at the place and time they are
delivered to the Consignee in accordance with the
contract or should have been so delivered.
(2) The value of the Goods shall be fixed according to
the current commodity exchange price, or, if there be no
such price, according to the current market price, or,
if there be no commodity exchange price or current
market price, by reference to the normal value of Goods
of the same kind and quality
(3) Except where otherwise provided in this Bill of
Lading, compensation shall not exceed 2 SDR's per kilo
of the gross weight, or 666.67 SDR's per package or
unit, of Goods lost or damaged, whichever shall be the
greater.  SDR's shall be calculated as at the date when
settlement is agreed or judgement   made.  However, the
Carrier shall not, in any case, be liable for an amount
greater than the actual loss to the   person entitled to
the claim.
(4) Where the Hague Rules, Hague-Visb y Rules or COGSA
1991 or COGSA 1936 or Hamburg  Rules   apply, the 
Carrier  shall  not,  unless a  declared  value  has 
been  noted in accordance with paragraph 5 of this
Clause, be or become liable  for any  loss  or damage to
or in connection with  the  Goods  in  an  amount  per 
package  or  shipping unit in excess of the package or
shipping unit limitation as  laid down by  the
applicable Rules or Act  or any legislation making these
Rules compulsorily applicable to this Bill of Lading.
Such  limitation  amount,  according to  COGSA 1971/92
and COGSA 1991 and OOGWA 1993 is a sum of  2  SDR's  per
 kilo  of  the gross weight, or 666.67 SDR's per package
or shipping unit, of the Goods lost  or damaged,
whichever shall  be the greater, and according  to 
COGSA  1936  is  US$500 per package or shipping unit, of
the  goods lost  or  damaged and according to Hamburg
Rules is a  sum  of  2.50  SDR's  per  kilo  of  the
gross weight,  or  835 SDR's per package or shipping
unit, of the Goods lost or damaged, whichever  shall  be
the greater. If no other limitation amount is applicable
under the relevant compulsory legislation, the
limitation shall be according to COGSA   1991.
(5) The Carrier's liability, if any, may be increased to
a higher value by the Shipper making a declaration, in
writing, of the Goods valuation on delivery to the
Carrier of the Goods for shipment, such valuation to be
insured on the front of this Bill of Lading, in the
space provided, and extra freight paid if required by
the Carrier.  In such case, if the actual value of the
Goods shall   exceed   such   declared   value, the
value shall nevertheless be deemed to be the declared  
value   and   the   Carrier's liability, if any, shall
not exceed the declared value and any partial loss or
damage shall be adjusted pro rata on the basis of such
declared value.
(6) Where a Container is used to consolidate Goods and
such Container is stuffed by the Carrier, the number of
packages or shipping units stated on the face of this
Bill of Lading in the box provided shall be deemed the
number of packages or shipping units for the purpose of
any limit of liability per package or shipping unit
provided in any International Convention or National Law
relating to the Carriage of Goods by Sea or Water.
Except as aforesaid the Container[RS1][RS2] shall be
considered the package, or shipping unit. The words
'shipping unit' shall mean each physical unit or piece
of cargo not shipped in a package, including articles or
things of any description whal5oever, except Goods
shipped in bulk, and irrespective of the weight or
measurement unit employed in calculating freight
charges. As to Goods shipped in bulk, the limitation
applicable thereto shall be the limitation provided in
such convention or law which may be applicable and in no
event shall anything herein be construed to be a waiver
of limitation as to Goods shipped in bulk
 
12 DELAY, CONSEQUENTIAL LOSS, ETC.
(1) Arrival times are not guaranteed by the Carrier. If
the Carrier is held liable in respect of delay,
consequential loss or damage other than loss of or
damage to the Goods, the liability of the Carrier shall
be limited to two and a half times the freight payable
for the goods delayed but not exceeding   the   total
freight payable under the contract of carriage or the
value of the Goods as determined in Clause 11 whichever
is the lesser sum
(2) If at any time the carriage is or is likely to be
affected by any hindrance, risk, delay, difficulty or
disadvantage of any kind (including the condition of the
Goods), whomsoever and whosesoever arising (whether or
not the carriage has commenced) the Carrier may:
(a) without notice to the Merchant abandon the carriage
of the Goods and where reasonably possible place the
Goods or any part of them at the Merchant's disposal at
any place which the Carrier may deem safe and
convenient, whereupon the responsibility of the Carrier
in respect of such Goods shall cease
(b) without prejudice to the Carrier's rights
subsequently to abandon the Carriage under (a) above,
continue the carriage. In any event the Carrier shall be
entitled to full charges on Goods received for carriage
and the Merchant shall pay any additional costs
resulting from the above mentioned circumstances
(3) The liability of the Carrier in respect of the Goods
shall cease on the delivery or other disposition   of
the Goods in accordance with   the   orders or
recommendations given by any Government or Authority or
any person acting or purporting to act as or on behalf
of such Government or Authority.
 
13  DEFENCES
The defenses and limits of liability provided for in
these Conditions shall apply in any actions against the
Carrier for loss of or damage or delay to the Goods
whether the action be founded in contract or in Tort.
 
14  LIABILITY OF  OTHER  PERSONS
(1) Any person or vessel whatsoever, including but not
limited to, the Carrier's servants or agents, any
independent contractor or his servants  or  agents, and 
all others by whom the whole or any part of the 
contract evidenced  by  this  Bill  of Lading, whether
directly or indirectly, is procured,  performed  or
undertaken,  shall  have the benefit of all provisions
in this Bill of Lading benefiting the Carrier as if 
such provisions were expressly for his benefit and in
entering into this contract the Carrier to the extent of
these provisions,  does so  not only on  his own  behalf
 but also as agent or trustee for such persons and
vessels and such persons  and  vessels shall  to  this
extent be or be deemed to be parties to this   contract.
(2) The aggregate of the amounts recoverable from the
Carrier and the persons referred to in paragraph (2) of
Clause 5 shall in no case exceed the limits provided for
in these conditions
 
15 METHOD AND ROUTE of TRANSPORTATION
(1) The Carrier may at any time, with or without notice
to the Merchant, use any means of transport or storage
whatsoever; load or carry the Goods on any vessel
whether named on  the  front hereof  or  not; stow the 
Goods, whether continerised or  not,  on  or  under 
deck;  transfer the Goods  from  one  conveyance  to
another including transshipping or carrying the same on
a vessel other  than  that  named  on the front hereof
or by any other means of transport  whatsoever; at  any
place unpack or remove Goods which have been stuffed in
or on a Container and forward the same in any manner
whatsoever; proceed at any speed and by any route in his
discretion (whether or not the nearest or most direct or
customary or advertised route) and procced to or stay at
any  place  whatsoever  once or  more  often  and  in
any order; load or unload the Goods  from  any
conveyance  at any  place;  comply with any orders or
recommendations given by any Government or Authority or
any person or body acting or purporting to act as or on
behalf of such Government or Authority or having under
the terms of the insurance on the conveyance employed by
the Carrier the right to give orders or directions; 
permit the vessel  to  proceed with or without pilots,
to tow or be towed or be dry-docked; permit the vessel
to carry livestock, Goods of all kinds, dangerous or
otherwise, contraband, explosives, munitions or warlike
stores and sail armed or  unarmed
(2)   The liberties set out in paragraph (1) of    this
Clause may be invoked   by the Carrier for any purposes
whatsoever whether or not connected with the Carriage of
the Goods. Anything done in accordance with paragraph
(1) of this Clause or any delay arising there from shall
be deemed to be within the contractual Carriage and
shall not be a deviation of whatsoever nature or degree.
 
16 DELIVERY
If delivery of the Goods or any part thereof  is not
@ken  by the  Merchant,  at the  time and place when and
where the Carrier is entitled to call upon the Merchant
to  take delivery thereon, the Carrier shall be entitled
to store the Goods or any  part thereof at the sole risk
of the Merchant, where upon the liability of the Carrier
in respect of the Goods or that part thereof stored as
aforesaid (as the  case  ma y  be) shall wholly cease
and the cost of such storage (if paid  by or payable by
the Carrier  or any agent of sub-contractor of the
Carrier) shall forth with upon  demand  be paid  by the
Merchant to the Carrier
 
17  BOTH-TO-BLAME COLLISION
If the vessel on which the Goods are carried (the 
carrying  vessel)  comes  into  collision with any other
vessel or object (the non-carrying  vessel  or object) 
as a result of the negligence of the non-carrying vessel
or object or  the  owner of, charterer of or person
responsible for the  non-carrying  vessel or  object, 
the Merchant undertakes to defend, indemnify and hold
harmless the Carrier against all claims by or liability
to (and any expense arising therefrom) any vessel or
person in respect of any loss of, or damage to, or any
blame whatsoever of the Merchant paid or payable to the
Merchant by the non-carrying vessel or object, or the
owner of, charterer of or person responsible for the
non-carrying vessel or object and set off, recouped or
recovered by such vessel, object or person(s) against
the Carrier, the carrying vessel or her owners or
charterers.
 
18  FREIGHT AND CHARGES
(1) Freight shall be paid in cash without discount and,
whether prepayable or payable at destination, shall be
considered as earned on receipt of the Goods and not be
returned or relinquished in any event.
(2) Freight  and  all  other  amounts mentioned   in   
this  Bill  of   Lading  are  to be  paid in the 
currency  named   in  the  Bill of  Lading  or,  at the 
carrier's  option  in  the currency of the country of
dispatch or destination at the highest rate of exchange
for Bankers Sight Bills current for prepayable  freight 
on  the  day  of  dispatch  and   for freight payable at
destination on  the day when the Merchant is notified of
 arrival of the Goods there or on the day of withdrawal
of the delivery order, whichever rate is the higher, or
at the option of the Carrier on the date of the Bill of
Lading.
(3) All dues, taxes and charges or other expenses in
connection with the Goods shall be paid by the Merchant.
(4) The Merchant shall reimburse the Carrier in
proportion to the amount of freight for any cost for
deviation or delay or any other increase of costs of
whatever nature caused by war, warlike operations,
epidemics, strikes, governments or force majeure.
(5) The Merchant warrants the correctness of the
declaration of contents, insurance, weight, measurement
or value of the Goods but the Carrier reserves the right
to have the contents inspected and the weight,
measurement and value verified. If on such inspection it
is found the declaration is not correct it is agreed
that a sum equal either to five times the difference
between the correct figure and the freight charged, or
to double the correct Freight less the freight charged
whichever sum is the smaller, shall be payable as
liquidated damage to the Carrier for his inspection
costs and losses of Freight on other Goods
notwithstanding any other sum having been stated on the
Bill of Lading as Freight payable.
 
19  LIEN
The Carrier shall have a lien on Goods and any documents
relating thereto for all sums whatsoever due at any time
to the Carrier from the Merchant and for General Average
contributions to whomsoever due and for the costs of
recovering the same and the Carrier shall have the right
to sell the Goods and documents by public auction or
private treaty, without notice to the Merchant and at
the Merchant's expense and without any liability towards
the Merchant.
 
20  GENERAL  AVERAGE
(1) The Carrier may declare General Average which shall
be adjustable according to the York/Antwerp Rules of
1994 at any place at the option of the Carrier and 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 by the Carrier
in this connection
(2)  Notwithstanding (1) above, the Merchant shall
defend, indemnify and hold harmless the Carrier in
respect of any claim (and any expense arising therefrom)
of a General Average nature which may be made on the
Carrier and shall provide such security as may be
required by the Carrier in this connection
(3) The Carrier shall be under no obligation to take any
step; whatsoever to collect security for General Average
contributions due to the Merchant.
 
21  NOTICE
Unless notice of loss or damage to the Goods and general
nature of it be given in writing to the Carrier or the
persons referred to in paragraph  2  of  Clause  5 at
the place of delivery  before or at the time of the
removal of the Goods into the custody of the person
entitled to delivery thereto under this Bill of Lading,
or if the 1055 or damage be not apparent, within seven
consecutive days thereafter, such removal shall be prima
facie evidence of the delivery by the Carrier of  the 
Goods as  described in this Bill of Lading.
 
22  NON DELIVERY
If this Bill of Lading is issued evidencing the Carriers
Contract of Carriage by Combined Transport, failure to
effect delivery within 90 days after the expiry of a
time limit agreed and expressed herein or, where no time
limit is agreed and so expressed, failure to effect
delivery within 90 days after the time it would be
reasonable to allow for diligent completion of the
combined transport operation shall, in the absence of
the evidence to the contrary, give to the party entitled
to  receive delivery, the right to treat the Goods as
lost.
 
23 TIME BAR
The Carrier shall be discharged of all liability under
the Terms and Conditions of this   Bill of Lading,
unless suit is brought within nine months after:
(1) the delivery of the Goods, or
(2) the date when the Goods should have been delivered,
or
(3) the date when in accordance with Clause 22, failure
to deliver the Goods would, in the absence of evidence
to the contrary, give to the party entitled to receive
delivery, the right to treat the Goods as lost. In the
event that such time period shall be found contrary to
any Convention or law compulsorily applicable, the
period covered by such Convention or law shall then
apply but in that circumstance only.
 
24.  VARIATION OF THE CONTRACT
No servant or agent of the Carrier shall have power to
waive or vary any of the terms hereof unless such waiver
or variation is in writing and is specifically
authorised or ratified in writing by a director or
officer of the Carrier who has the actual authority of
the Carrier so to waive or vary.
 
25  PARTIAL INVALIDITY
If any provision in this Bill of Lading is held to be
invalid or unenforceable by any court or regulatory or
self-regulatory agency or body, such in validity or
unenforceability shall attach only to such provision.
The validity of the remaining provisions shall not be
affected thereby and this Bill of Lading contract shall
be carried out as if such invalid or unenforceable
provision were not contained therein.
 
26 MODIFIED COMBINED TRANSPORT CLAUSE.
In case of a combined transport carriage to or from
1. Australia
2. C I S Countries
3. The Continent of Africa
4. The Middle East which, for the purposes of this Bill
of Lading only, is expressly defined as:
  Afghanistan, Bahrain, Egypt, Iran, Jordan, Kuwait,
Lebanon, Oman, Qatar, Saudi Arabia,
  Syria, Turkey, United Arab Emirates and Yemen Arab
Republic
5. India, Pakistan, Bangladesh and Sri Lanka
6. The Peoples Republic of China the responsibility of
the Carrier prior to loading and subsequent to discharge
 from the vessel at a port of loading or  discharge to
or from such places,  notwithstanding the provisions of
5(2) above, the provisions  of 5(3) above will apply in
that when the stage of carriage where the loss  or
damage occurred is known and the Carrier has 
sub-contracted that  stage,  the Carrier shall have the
full benefit of all rights, limitations and exclusions
of liability available to such sub-contractor in the
Contract between the Carrier and such  sub-contractor
and in any law, statute or regulation and the liability
of the Carrier  shall not exceed the  amount  recovered,
if any, by the Carrier from such sub-contractor.
 
For KJW-CHB LLC d/b/a KCW Logistics
FMC # 024190NF
20 Danada Sq West, Suite 273
Wheaton, IL 60189, USA
 

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