Effective	01JUN2015
Filed	29MAY2015
Filing Codes	I

 
            JAPAN INTERNATIONAL FREIGHT FORWARDERS
                  ASSOCIATION INC. (JIFFA)
 
    TERMS AND CONDITIONS OF NON-NEGOTIABLE WAYBILL (2013)
 
This Waybill shall have effect subject to the "CMI
Uniform Rules for Sea Waybills", which are deemed to
be incorporated herein. The CMI Uniform Rules for Sea
Waybill can be accessed on the website of CMI
(currently www.comitemaritime.org) or are available from
the Carrier on request.
 
1. DEFINITIONS
 
(1) "Carrier" means the company mentioned on the face
hereof by whom or in whose name the contract of
carriage is concluded with a Merchant and who assumes
responsibility for the performance of the
Carriage hereunder.
 
(2) "Sub-Contractor" includes owners, charterers and
operators of vessels, stevedores, terminal operators,
warehousemen, road, rail, sea, water and air transport
operators and independent contractors and their
respective servants, agents and sub-contractors, whose
services the Carrier procures for the performance
of the whole or any part of the Carriage.
 
(3) "Carriage" means the whole or any part of the
operations and services undertaken by the Carrier in
respect of the Goods.
 
(4) "Container" includes any container (including any
open top, flat rack or platform container), pallet or
any other similar article of transport used to
consolidate goods.
 
(5) "Goods" means the cargo described on the face hereof
and, if the Goods are packed into a Container
supplied or furnished by or on behalf of the Merchant,
includes the Container as well.
 
(6) "Merchant" includes the Shipper, Consignor,
Consignee, owner and receiver of the Goods and the
holder of this Waybill and anyone acting on behalf of
any such person.
 
2. CLAUSE PARAMOUNT
 
(1) As far as this Waybill covers the Carriage of the
Goods by sea or inland waterways, this Waybill shall
have effect subject to the provisions of the
International Carriage of Goods by Sea Act of Japan,
enacted 13 June 1957, as amended 3 June 1992, (hereinafter
called the Act), unless it is adjudged that any other
legislation of a nature similar to the International
Convention for the Unification of Certain Rules of Law
relating to Bills of Lading done at Brussels on 25
August 1924 (hereinafter called the Hague Rules), or to
the Protocol to amend the Hague Rules done at Brussels
on 23 February 1968, or, where applicable, to the
Protocol amending the Hague Rules as amended by the
Protocol of 23 February 1968 done at Brussels on
21 December 1979, mandatorily applies to this Waybill,
in which case it shall have effect subject to the
provisions of such similar legislation (hereinafter
called the Hague-Rules Legislation), and the Act or the
Hague-Rules Legislation shall be deemed to be
incorporated herein.
 
(2) The Act or the Hague-Rules Legislation shall apply
and govern before the Goods are loaded on and
after they are discharged from the vessel and throughout
the entire time the Goods are in custody of the
Carrier and his servants or agents or the Sub-Contractor
within the sea terminal at the Port of Loading or
Port of Discharge.
 
(3) If any provision herein is held to be inconsistent
with or repugnant to any extent of the Act, the
Hague-Rules Legislation or any other laws, statutes or
regulations mandatorily applicable to the contract
evidenced by this Waybill, such provision shall be null
and void to the extent of such inconsistency or
repugnance but no further.
 
3. DESCRIPTION OF THE GOODS
 
(1) This Waybill is issued as to marks, number,
quantity, weight and volume as furnished by the Shipper
who shall be deemed to have guaranteed the accuracy and
correctness of the contents and description of
the Goods at the time they were taken in charge by the
Carrier. The Shipper shall indemnify the Carrier
against any loss, damage and expense arising or
resulting from inaccuracy, inadequacy and/or
insufficiency of such particulars. The right of the
Carrier to such indemnity shall in no way limit his
responsibility and liability under this Waybill to any
person other than the Shipper.
 
(2) This Waybill shall be prima facie evidence of the
taking in charge by the Carrier of the Goods as
described on the face hereof, unless a contrary
indication such as "shipper's weight, load and count",
"shipper-packed container" or similar expressions has
been made on the face hereof. As between the Carrier
and the Consignee the information in the Waybill shall
be conclusive evidence of receipt of the Goods as so
stated and proof to the contrary shall not be permitted
provided always that the Consignee has acted in good faith.
 
4. GOVERNING LAW AND JURISDICTION
 
The contract evidenced by or contained in this Waybill
shall be governed by Japanese law except as may
be otherwise provided for herein, and any action against
the Carrier thereunder shall be brought before
the Tokyo District Court in Japan.
 
5. CARRIER'S TARIFF
 
The terms of the Carrier's applicable Tariff are deemed
to be incorporated herein. Copies of the relevant
provisions of the applicable Tariff are obtainable from
the Carrier upon request. In the case of
inconsistency between this Waybill and the applicable
Tariff, this Waybill shall prevail.
 
6. LIMITATION STATUTES
 
Nothing in this Waybill shall operate to limit or
deprive the Carrier of any statutory protection or
exemption or limitation of liability authorized by any
applicable laws, statutes and regulations of any countries.
 
7. CARRIAGE COVERED BY WAYBILL
 
(1) The Carrier, by the issuance of this Waybill
undertakes to perform and/or in his own name to procure
the performance of the Carriage from the place at which
the Goods are taken in charge to the place
designated for delivery on the face hereof.
 
(2) The provisions set out and referred to herein shall
also apply when the Carriage is performed by one
mode of transport only.
 
8. METHODS AND ROUTES OF CARRIAGE
 
(1) The Carrier may at any time and without notice to
the Merchant:
(a) use any means of transport or storage whatsoever;
(b) transfer the Goods from one conveyance to another
including transshipping or carrying the same on
another vessel than that named on the face hereof;
(c) unpack and remove the Goods which have been packed
into a Container and forward them in a
Container or otherwise;
(d) load and unload the Goods at any place or port
(whether or not being the port named as the Port of
Loading or Port of Discharge on the face hereof) and
store the Goods at any such place or port; or
(e) comply with any orders, directions 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 any insurance on any conveyance
employed by the Carrier the right to give orders or
directions.
 
(2) The liberties set out in the preceding paragraph may
be invoked by the Carrier for any purpose
whatsoever whether or not connected with the Carriage of
the Goods. Anything done in accordance with
the preceding paragraph or any delay arising therefrom
shall be deemed to be within the contractual
Carriage and shall not be a deviation.
 
9. INSPECTION OF GOODS
 
(1) The Carrier shall be entitled, but under no
obligation, to open any Container or package 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 or taking
any measures in relation to such package or Container or
its contents or any part thereof, the Carrier may
abandon the Carriage thereof and/or take any measures
and/or incur any additional expense to carry or to
continue the Carriage or to store the same ashore or
afloat under cover or in the open, at any place, which
storage shall be deemed to constitute due delivery under
this Waybill. The Merchant shall indemnify the
Carrier against any expense so incurred.
 
(2) If by order of the authorities at any place, a
Container has to be opened for the contents to be
inspected, the Carrier shall not be liable for any loss,
damage or any other consequences as a result of any
opening, unpacking, inspection or repacking. The Carrier
shall be entitled to recover the cost of such
opening, unpacking, inspection and repacking from the
Merchant.
 
10. CONTINGENCIES
 
(1) If at any time the performance of the Carriage
hereunder is or is likely to be affected by any
hindrance, danger or disturbance of whatsoever kind which
cannot be avoided by exercise of reasonable endeavors,
the Carrier may, whether or not the Carriage is
commenced, without notifying the Merchant, treat the
Carriage as terminated and discharge, land, store or
take any other necessary means whatsoever on the
Goods or any part thereof and place them at the
Merchant's disposal at any place or port which the
Carrier may deem safe and convenient whereupon the
responsibility of the Carrier in respect of such
Goods shall cease. In such case, the discharge, landing
and storing and any means whatsoever taken shall
constitute complete and final delivery and full
performance of the Carriage hereunder, and the Carrier
shall be discharged from any further responsibility of
the Goods.
 
(2) The situations referred to in the preceding
paragraph shall include, but not limited to, those
caused by the existence or apprehension of war, declared or
undeclared, hostilities, warlike or belligerent acts or
operations, riots, civil commotions or other disturbances;
or interdict or prohibition of or restriction on
commerce or trading; quarantine, sanitary or other
similar regulations or restrictions; strikes, lockouts
or other labor troubles whether partial or general and
whether or not involving employees of the Carrier or
any Sub-Contractor; congestion of port, wharf, sea
terminal or any other place; shortage, absence or
obstacles of labor or facilities for loading, discharge,
delivery or other handling of the Goods; epidemics or
diseases; bad weather or any other obstacles to the
Carriage of the Goods.
 
(3) In case of the preceding paragraphs, the Carrier
shall be entitled to all freight and other charges due
and the Merchant shall be liable for payment of all
freight to the Port of Discharge or place of landing or
for any other expenses incurred at such port or place as
a result of the discharge, landing, storing or other
means whatsoever taken by the Carrier in relation to the
Goods.
 
11. OPTIONAL STOWAGE AND DECK CARGO
 
(1) The Goods may be packed by the Carrier in any
Container and consolidated with goods of other
merchants for Carriage.
 
(2) Any Goods whether packed in Containers or not, may
be carried on deck or under deck without notice
to the Merchant unless on the face hereof it is
specifically stipulated that the Containers or Goods
will be carried under deck. If carried on deck, the Carrier
shall not be required to note, mark or stamp on the
Waybill any statement of such on deck carriage. Subject
to Paragraph (3) below, such Goods whether
carried on deck or under deck and whether or not stated
to be carried on deck shall participate in general
average and shall be deemed to be within the definition
of goods for the purpose of the Act or of the
Hague-Rules Legislation as provided for in Clause 2 hereof.
 
(3) Any Goods which are stated herein to be carried on
deck, whether or not carried on deck, are carried
without responsibility on the part of the Carrier for
loss or damage of whatsoever nature arising during
Carriage by sea whether caused by unseaworthiness or
negligence or any other cause whatsoever.
 
12. DANGEROUS GOODS AND CONTRABAND
 
(1) The Merchant undertakes not to tender for Carriage
any goods which are of a dangerous, inflammable,
radioactive or damaging nature without previously giving
written notice of their nature to the Carrier and
without the express consent in writing of the Carrier
and without marking the Goods and the Container
or other covering on the outside as required by any
laws, regulations or by reason of international
conventions relating to the carriage of goods of a
dangerous nature.
 
(2) If the requirements of the preceding paragraph are
not complied with, or if the Goods are found to be
contraband or prohibited by any laws or regulations of
the Port of Loading, discharge or call or any place
during the Carriage, the Carrier shall be entitled to
have such Goods rendered innocuous, thrown
overboard or discharged or otherwise disposed of at the
Carrier's discretion without compensation to the
Merchant and the Merchant shall be liable for and
indemnify the Carrier against any kind of loss, damage
or liability including loss of freight, and any expenses
directly or indirectly arising out of or resulting from
such Goods. Further, the Carrier shall be under no
liability to make general average contribution in
respect of such Goods.
 
(3) If the Goods of dangerous, inflammable, radioactive,
or damaging nature, which were tendered in
compliance with Paragraph (1) above, shall become a
danger to the vessel, cargo or any other property or
person, such Goods may in like manner be discharged,
destroyed or rendered harmless without compensation to
the Merchant.
 
(4) Whether or not the Merchant was aware of the nature
of the Goods, the Merchant shall indemnify the
Carrier against all claims, losses, damages, or
expenses, or personal injury or death, arising in
consequence of the Carriage of such Goods.
 
13. HEAVY LIFT
 
(1) The weight of a single piece or package exceeding
one metric ton gross must be declared by the
Merchant in writing before receipt by the Carrier and
must be marked clearly and durably on the outside
of the piece or package in letters and numbers not less
than five centimeters high.
 
(2) In case of the Merchant's failure in its obligation
under the preceding paragraph, the Carrier shall not
be responsible for any loss of or damage to the Goods
and the Merchant shall be responsible for loss of or
damage to any property or for personal injury or death
arising as a result of the Merchant's said failure
and shall indemnify the Carrier against loss or
liability suffered or incurred by the Carrier as a
result of such failure.
 
14. AUTOMOBILE AND OTHER UNPACKED GOODS
 
The term apparent good order and condition with
reference to any automobile, rolling stock, tractor,
machinery and other unpacked goods does not mean that
the condition of the Goods when received were
free of any dent, scratch, hole, cut and bruise that
could not have been found by ordinary care and
diligence. The Carrier shall in no event be liable for
such conditions.
 
15. IRON, STEEL AND METAL PRODUCTS
 
Superficial rust, oxidation, moisture or any like
condition of any iron, steel or metal products is not a
condition of damage but is inherent to the nature of the
Goods and acknowledgement of receipt of the
Goods in apparent good order and condition does not mean
that the Goods when received were free of
visible rust, oxidation or moisture. The Carrier shall
in no event be liable for loss or damage arising out of
or resulting from such inherent nature of the Goods.
 
16. LIVE ANIMALS AND PLANTS
 
Live animals and plants, when accepted for Carriage, are
received, loaded, tended, stowed, carried,
discharged and delivered entirely and absolutely at the
sole risk of the Merchant and without any
warranty or undertaking whatsoever by the Carrier that
the vessel and other means of transport are
seaworthy, fitted, manned, equipped and supplied for
their reception, carriage and preservation of such Goods.
 
17. TEMPERATURE CONTROLLED GOODS
 
(1) The Merchant undertakes not to tender any goods for
Carriage which require temperature control
without previously giving written notice of their nature
and particular temperature range to be
maintained and, in case of a temperature controlled
Container packed by or on behalf of the Merchant,
further undertakes that the Goods have been properly
packed in the Container and that its thermostatic
controls have been adequately set by the Merchant before
receipt of the Goods by the Carrier. If the above
requirements are not complied with, the Carrier shall
not be liable for any loss of or damage to the Goods
howsoever arising.
 
(2) The Carrier shall not be liable for any loss of or
damage to the Goods arising from latent defects,
derangement, breakdown, stoppage or malfunction of the
temperature controlling machinery, plant,
insulation or any apparatus of the Container, provided
that the Carrier shall before or at the beginning of
the Carriage exercise due diligence to maintain the
temperature controlled Container in an efficient state.
 
18. VALUABLE GOODS
 
The Carrier shall not be responsible to any extent for
any loss of or damage to platinum, gold, silver,
jewelry, precious metals, radioisotope, precious
chemicals, bullion, specie, currencies, negotiable
instruments, securities, writing, documents, pictures,
embroideries, works of art, curios, heirlooms,
collections of every nature or any other valuable goods
whatsoever including goods having particular
value only for the Merchant unless the true nature and
value of the Goods are declared in writing by the
Merchant before receipt of the Goods and the same are
inserted on the face hereof and ad valorem freight
is prepaid thereon.
 
19. DELIVERY OF GOODS
 
(1) Except as otherwise specifically provided in this
Waybill, delivery of the Goods will be made only to the
Consignee named on the face hereof, or his authorized
agent, on production of proof of identity at the Port
of Discharge or the Place of Delivery. The Consignee by
presenting this Waybill and/or requesting delivery
of the Goods, however, undertakes all liabilities of the
Shipper hereunder. The benefit of the contract
evidenced by this Waybill shall thereby be transferred
to the Consignee or other person presenting this Waybill.
 
(2) Any mention herein of parties to be notified of the
arrival of the Goods is solely for the 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.
 
(3) If delivery of the Goods or any part thereof is not
taken by the Merchant at the time and place when
and where the Carrier is entitled to call upon the
Merchant to take delivery thereof, the Carrier shall be
entitled, without notice, to unpack the Goods if packed
in Containers and/or to store the Goods ashore,
afloat, in the open or under cover, at the sole risk of
the Merchant. Such storage shall constitute due
delivery hereunder, and, thereupon, the liability of the
Carrier in respect of the Goods or that part thereof
stored as aforesaid shall wholly cease and the costs and
expenses of such storage (if payable by the
Carrier or his agent or any Sub-Contractor) shall
forthwith be paid by the Merchant upon demand of the
Carrier.
 
20. DELIVERY BY MARKS
 
(1) The Carrier shall not be liable for failure of or
delay in delivery in accordance with marks unless such
marks shall have been clearly and durably stamped or
marked upon the Goods, packages or containers by
the Merchant before the Goods are received by the
Carrier in letters and numbers not less than five
centimeters high together with the name of the Port of
Discharge.
 
(2) In no circumstances shall the Carrier be responsible
for delivery of the Goods in accordance with other
than leading marks.
 
21. SPECIAL DELIVERY OF GOODS
 
(1) In case the Goods received by the Carrier are
Containers into which contents have been packed by the
Merchant, the Carrier shall only be responsible for
delivery of the total number of Containers as shown on
the face hereof; provided that, at the absolute
discretion and on condition that the Carrier shall not be
liable for any shortage, loss, damage or discrepancies
of the Goods which are found upon unpacking the
Containers, the Containers may be opened and the
contents thereof delivered in accordance with the
brands, marks, numbers, sizes or types of packages or
pieces.
 
(2) In case the Goods have been packed into Containers
by the Carrier, the Carrier shall unpack the
Containers and deliver the contents thereof; provided
that, at the absolute discretion of the Carrier the
Goods may be delivered in Containers to the Merchant, in
which case if the Containers are delivered with
seals intact by the Carrier, such delivery shall be
deemed as full and complete performance and the
Carrier shall not be responsible for any loss of or
damage to the contents of the Containers.
 
22. LIABILITY OF THE CARRIER
 
(1) The Carrier shall be liable for loss of or damage to
the Goods occurring from the time when the Carrier
receives the Goods for Carriage until the time of
delivery, only to the extent set out below.
(2) The Carrier shall be relieved of liability for any
loss or damage, if such loss, damage or delay in
delivery was caused by:
 
(a) the wrongful act or neglect of the Merchant;
 
(b) compliance with the instructions of the person
entitled to give them;
 
(c) inherent vice or nature of the Goods;
 
(d) insufficiency of packing or inadequacy of marks;
 
(e) defect of the Container used to consolidate the
Goods if supplied by the Merchant;
 
(f) handling, loading, stowage into or discharge from
Container by the Merchant;
 
(g) war, warlike operations, riots, piracy, terrorism,
civil commotions and strikes or lockouts or stoppage or
restraint of labor from whatever cause, whether partial
or general; or
 
(h) any cause or event which the Carrier could not avoid
and the consequence whereof the Carrier could
not prevent by the exercise of due diligence.
 
(3) If the stage of the Carriage during which the loss
or damage occurred is known, notwithstanding
anything provided for otherwise herein, the liability of
the Carrier shall be determined by the provisions
contained in any international convention or mandatory
national law which provisions:
 
(a) cannot be departed from by private contract to the
detriment of the Merchant, or
 
(b) would have applied if the Merchant had made a
separate and direct contract with the carrier in respect
of the particular stage of the Carriage during which 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.
 
(4) If it can be proved that the loss or damage occurred
during inland carriage while the Goods were in
custody of a Sub-Contractor, the liability of the
Carrier and the limitation thereof shall be determined in
accordance with the Sub-Contractor's contract of
carriage or tariff. However, the liability of the Carrier
shall in no event exceed the limits provided in Clause
23 hereunder.
 
(5) If it cannot be proved where the loss or damage
occurred, the loss or damage shall be deemed to have
occurred in the course of Carriage by sea and the
Carrier shall be liable to the extent prescribed by the Act
or applicable Hague-Rules Legislation, as the case may
be, as provided for in Clause 2 hereof.
 
23. LIMITATION OF LIABILITIES
 
(1) When the Carrier is liable for compensation in
respect of any loss of or damage to the Goods, it is
agreed with the Merchant that such compensation shall be
calculated by reference to the value of the
Goods at the place and time they are delivered to the
Merchant, or at the place and time they should have
been delivered. For the purpose of determining the
extent of the Carrier's liability for loss of or damage to
the Goods, the sound value of the Goods is presumed to
be the Merchant's invoice value of the Goods plus
freight, charges and insurance, if paid.
 
(2) The Carrier shall in no event be or become liable
for any loss of or damage, whatsoever and howsoever
arising, to the Goods in an amount exceeding the
equivalent of 666.67 Units of Account per package or
unit or 2 Units of Account per kilogram of gross weight
of the Goods lost or damaged, whichever is the higher.
 
(3) Higher compensation may be claimed only when, with
the consent of the Carrier, the value of the
Goods declared by the Shipper prior to the commencement
of the Carriage, which exceeds the limits laid
down in this Clause, has been inserted on the face
hereof in the space provided and extra freight paid, in
which case such declared value shall be the limit and
any partial loss or damage shall be adjusted pro rata
on the basis of such declared value.
 
(4) The Units of Account mentioned in Paragraph (2)
above is the Special Drawing Right (SDR) as defined
by the International Monetary Fund. The amounts
mentioned in Paragraph (2) above shall be converted
into national currency on the basis of the value of that
currency on a date to be determined by the law of
the court seized of the case.
 
(5) When the Goods have been packed into a Container by
or on behalf of the Merchant, and when the
number of packages or units packed into the Container is
not enumerated on the face hereof, each
Container including the entire contents thereof shall be
considered as one package for the purpose of
application of the Carrier's limitation of liability.
 
(6) The Carrier does not undertake that the Goods shall
arrive at the Port of Discharge or Place of
Delivery at any particular time or in time to meet any
particular market or use and the Carrier shall not
be responsible for any direct, indirect or consequential
loss or damage caused by delay or any other cause
whatsoever and howsoever caused. Without prejudice to
the foregoing, if the Carrier is found liable for
delay, liability shall be limited to the freight
applicable to the relevant stage of the Carriage.
 
24. DEFENSES
 
The defenses and limits of liability provided herein
shall apply in any action against the Carrier for loss
of or damage to the Goods or delay in delivery whether the
action be founded in contract, in tort or otherwise.
 
25. LIABILITY OF SUB-CONTRACTORS, SERVANTS, AGENTS AND
OTHER PERSONS
 
(1) If an action for loss of or damage to the Goods is
brought against any servants or agents of the Carrier
or other persons including, but not limited to,
Sub-Contractors or their servants or agents whose services
the Carrier procures for the performance of the Carriage
evidenced by the terms and conditions herein,
such servants, agents or other persons shall be entitled
to avail themselves of the defenses and limits of
liability which the Carrier is entitled to invoke
hereunder, and in entering into this Contract, the Carrier,
to the extent of those provisions, does so not only on
his behalf but also as agent and trustee for such
servants, agents or other persons. The aggregate of the
amounts recoverable from the Carrier and such
servants, agents or other persons and their servants and
agents shall in no case exceed the limits provided herein.
 
(2) The Merchant shall indemnify the Carrier for any
claim which may be made upon the Carrier by such
servants, agents or other persons and their servants and
agents in relation to the claims made against
them by the Merchant.
 
26. NOTICE OF CLAIM AND TIME BAR
 
(1) Unless notice of loss of or damage to the Goods and
the general nature of it is given in writing to the
Carrier or his agent at the place of delivery before or
at the time of removal of the Goods into the custody
of the person entitled to delivery thereof under this
Waybill, or if the loss or damage is 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 Waybill.
 
(2) The Carrier shall be discharged from all liability
under this Waybill unless suit is brought within nine
months after delivery of the Goods or the date when the
Goods should have been delivered. In the event
such time period shall be found to be contrary to any
international convention or mandatory national law,
the period covered by such convention or mandatory
national law shall then apply but in that circumstance only.
 
27. MERCHANT'S RESPONSIBILITY
 
(1) The Merchant warrants that in agreeing to the terms
and conditions hereof, he is, or has the authority
of, the person owning or entitled to the possession of
the Goods and this Waybill.
 
(2) All of the persons coming within the definition of
Merchant in Clause 1 shall be jointly and severally
liable to the Carrier for the due fulfillment of all
obligations undertaken by the Merchant in this Waybill.
 
(3) The Merchant shall comply with all regulations or
requirements of customs, port and other
authorities, and shall bear and pay all duties, taxes,
fines, imposts, expenses or losses (including freight
for any additional Carriage undertaken) incurred or
suffered by reason of failure to comply, or by reason of
any illegal, incorrect or insufficient marking,
numbering or addressing of the Goods, and shall indemnify
the Carrier in respect thereof.
 
28. MERCHANT PACKED CONTAINERS
 
(1) If a Container has not been packed by the Carrier,
this Waybill shall be a receipt only for the Container
and the Carrier shall not be liable for any loss of or
damage to the contents and the Merchant shall
indemnify the Carrier against any injury, loss, damage,
liability or expense incurred by the Carrier if such
loss, damage, liability or expense has been caused by:
 
(a) the manner in which the Container has been filled,
packed, stuffed or loaded;
 
(b) the unsuitability of the contents for carriage by
Containers; or
 
(c) the unsuitability or defective condition of the
Container which would have been apparent upon
reasonable inspection by the Merchant at or prior to the
time the Container was filled, packed, stuffed or
loaded.
 
(2) The Merchant shall inspect any Container before
packing the contents into the Container and the use
of the Container shall be prima facie evidence of the
Container being sound and suitable for use.
 
(3) If the Container is delivered by the Carrier with
seals intact, such delivery shall be deemed as full and
complete performance of the Carrier's obligation
hereunder and the Carrier shall not be liable for any loss
of or damage to the contents of the Container.
 
29. CARRIER'S CONTAINER
 
(1) The Merchant shall assume full responsibility for
and shall indemnify the Carrier against any loss of
or damage to any Container or other equipment furnished
or arranged by the Carrier for the Merchant
which occurs while in the possession or control of the
Merchant, its agent or its inland carrier engaged by
or on behalf of the Merchant.
 
(2) The Carrier shall in no event be liable for and the
Merchant shall indemnify and hold harmless the
Carrier from and against any loss of or damage to the
property of any other person or any injury to or
death of any other person caused by any Container or
other equipment furnished or arranged by the
Carrier or by contents of the Container during handling
by or while in the possession or control of the
Merchant, its agent or its inland carrier engaged by or
on behalf of the Merchant.
 
(3) If any Container furnished or arranged by the
Carrier is unpacked at the Merchant's premises, the
Merchant shall be responsible for returning the empty
Container, with interior brushed and cleaned, to
the point or place designated by the Carrier within the
time prescribed. Should a Container not be
returned within the time prescribed by the Carrier, the
Merchant shall be liable for any detention charge,
loss or expenses which may arise from such nonreturn.
 
30. FREIGHT AND CHARGES
 
(1) Full freight to the Place of Delivery mentioned on
the face hereof shall be considered as completely
earned on receipt of the Goods, whether the freight be
stated to be prepaid or be collected at the
destination and all charges due hereunder against the
Goods shall be paid to the Carrier as soon as they
have incurred.
 
(2) The Carrier shall be entitled to all freight and
other charges due, whether actually paid or not, under
any circumstances whatsoever, whether the vessel or
other means of transport or the Goods be lost or not,
or the voyage or the Carriage be broken up or frustrated
or abandoned. The Merchant shall make
payment of all freight and other charges in cash without
any offset, counterclaim or deduction.
 
(3) The Merchant shall be liable for and indemnify the
Carrier for any mending, baling, repairs or
replacement of packages resulting from insufficiency of
packing or from excepted perils, and expenses
incurred in fumigating, protecting, caring for,
regaining possession of or otherwise made for the
benefit of the Goods.
 
(4) Any dues, duties, taxes and charges that may be
levied on any basis such as the amount of freight,
weight of the Goods or tonnage of the carrying vessel or
on other means of transport shall be paid by the Merchant.
 
(5) The Merchant shall be responsible for all fines and
losses which the Carrier may incur from the
Merchant's failure to load the Goods or in part on the
vessel or other means of transport from any cause
whatsoever.
 
(6) The freight has been calculated on the basis of the
particulars furnished by or on behalf of the Shipper.
If the particulars furnished by or on behalf of the
Shipper are incorrect, it is agreed that a sum equal to
the double of the correct freight less the freight
charged shall be payable as liquidated damages to the
Carrier.
 
(7) The Shipper, Consignee, owner of the Goods and
holder of this Waybill shall be jointly and severally
liable to the Carrier for the payment of all freight and
charges and for the performance of the obligation of
each of them hereunder.
 
31. LIEN
 
(1) The Carrier shall have a lien on the Goods and any
documents relating thereto for all sums payable to
the Carrier under this contract and/or any other
contract and for general average contributions to
whomsoever due and for the cost 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. If on sale of the Goods, the proceeds
fail to cover the amount due and the cost incurred, the
Carrier shall be entitled to recover the deficit from
the Merchant.
 
(2) If the Goods are unclaimed during a reasonable time,
or whenever in the Carrier's opinion, the Goods
will become deteriorated, decayed or worthless, the
Carrier may, at his discretion and subject to his lien
and without any responsibility attaching to him, sell,
abandon or otherwise dispose of such Goods solely
at the risk and expense of the Merchant.
 
32. GENERAL AVERAGE
 
(1) General average shall be adjusted, stated and
settled at the port or place where the carrying vessel
and/or her owner shall decide according to the
York-Antwerp Rules of 1994 or any modification thereof,
and any other rules, laws and usage of the port or place
of the adjustment as may be stated in the ocean
bill of lading issued for the Goods. Such cash deposit
as the Carrier or the owner of the vessel may deem
sufficient to cover the estimated contribution of the
Goods and any salvage and special charges thereon
shall be made by the Merchant to the Carrier or the
owner of the vessel, if required, before delivery of the
Goods.
 
(2) If the Carrier delivers the Goods without obtaining
security for general average contributions, the
Merchant, by taking delivery of the Goods, undertakes
responsibility to pay such contributions and to
provide such cash deposit or other security for the
estimated amount of such contributions as the Carrier
shall require.
 
33. BOTH-TO-BLAME COLLISION AND NEW JASON CLAUSE
 
The Both-To-Blame Collision Clause and New Jason Clause
provided for in the ocean bill of lading issued
for the Goods by the owner or the operator of the
carrying vessel shall be available to the Carrier and be
deemed to be incorporated herein and constitute a part
hereof with the same force and effect as if fully set
forth herein.
 
34. VARIATION OF THE CONTRACT
 
No servant or agent of the Carrier shall have the power
to waive or vary any of the terms of this Waybill,
unless such waiver or variation is in writing and is
specifically authorized or ratified in writing by the
Carrier.
 
35. U.S.A. LOCAL CLAUSE
 
(1) If the Carriage covered by this Waybill includes
Carriage to or from or through a port or place in the
United States of America, this Waybill shall be subject
to the Carriage of Goods by Sea Act of the United
States of America approved 16 April 1936 (U.S. COGSA) of
which terms shall be deemed to be
incorporated herein and shall be paramount throughout
Carriage by sea or inland waterways and the
entire time that the Goods are in the actual custody of
the Carrier or any Sub-Contractor at the sea
terminal in the United States of America before loading
on or after discharge from the Vessel, as the case may be.
 
(2) If U.S. COGSA applies, the liability of the Carrier
shall not exceed U.S. $500 per package or customary
freight unit, unless the nature and value of the Goods
have been declared on the face hereof, in which case
Clause 23 shall apply.
 
(3) The Carrier shall not be liable in any capacity
whatsoever for loss, damage or delay to the Goods, while
the Goods are in the United States of America away from
the sea terminal and are not in the actual
custody of the Carrier. The responsibility of the
Carrier shall be to procure, as agent, transportation by
inland carriers (one or more) and such transportation
shall be subject to the inland carrier's contract of
carriage and tariffs and any law mandatorily applicable.
The Carrier guarantees the fulfillment of such
inland carrier's obligation under their contracts and
tariffs. If, for any reason, the Carrier is denied the
right to act as agent only at these times, the Carrier's
liability for loss, damage or delay to the Goods shall
be determined in accordance with Clause 22 and Clause 23
hereof.

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