Effective	13FEB2025
Filed	13FEB2025
Filing Codes	I

 
TERMS AND CONDITIONS
1. DEFINITIONS
The following words both on the face and back hereof
have the meanings hereby assigned:
(a) "Carriage" means the operations and services
undertaken or performed by or on behalf of the Carrier
as to the Goods covered by this Bill of Lading.
(b) "Carrier" means the entity named on the front page
of this Bill of Lading and in whose name the carriage
contract is made with a Merchant and who takes
responsibility for the Carriage.
(c) "Merchant" includes the consignor, shipper,
exporter, seller, consignee, owner of the Goods, or the
lawful holder or endorsee of this Bill of Lading, person
entitled to the possession of the Goods, and any person,
corporation, company or other legal entity having any
interest in the Goods, or anyone acting on behalf of any
such person or entity.
(d) "Goods" means the cargo that the Merchant has
tendered for Carriage, as described on the face hereof
or on an attached or referenced manifest, whether
carried on or under deck, and includes any containers,
pallets or similar articles of transport or packaging
not supplied by the Carrier.
(e) "Vessel" includes the vessel named on the front page
of this Bill of Lading or any substitute for that
vessel, and any feeder vessel, lighter, barge, or other
conveyance used by or on behalf of the Carrier for any
part of the Carriage.
(f) "Sub-Contractor" includes Vessel owners and
operators, stevedores, terminals, warehouses, container
freight stations, road and rail transport operators, and
any person employed by the Carrier in the performance of
the Carriage. Sub-Contractor also includes direct and
indirect sub-contractors and their respective servants,
agents, or sub-contractors.
(g) "Package" means each Container that is stuffed and
sealed by or on behalf of the Merchant, and not the
items packed in such Container if the number of such
items is not stated on the front page of this Bill of
Lading and not where the number of such items is
indicated by the terms such as "Said to Contain" or
similar expressions.
(h) "Container" includes any shipping container, open
top, trailer, transportable tank, flat rack, platform,
pallet, and any other equipment or device used for or in
connection with the Carriage.
(i) "U.S. COGSA" means the Carriage of Goods by Sea Act
of the United States of America, Apr. 16, 1936, ch. 229,
49 Stat. 1207, reprinted in note following 46 U.S.C. '
30701.
(j) "Hague Rules" means the International Convention for
the Unification of Certain Rules of Law Relating to
Bills of Lading, signed at Brussels, August 25, 1924.
(k) "Hague-Visby Rules" means the amendments by the
Protocol Amending the International Convention for the
Unification of Certain Rules of Law Relating to Bills of
Lading, adopted at Brussels, February 23, 1968.
(l) "SDR Protocol" means the amendments by the Protocol
Amending the International Convention for the
Unification of Certain Rules of Law Relating to Bills of
Lading, adopted at Brussels, December 21, 1979.
(a)  (m) "Charges" includes freight, all expenses,
costs, detention, demurrage, general average, and any
other money obligations incurred in the Carriage of the
Goods or payable by the Merchant, and all collection
costs for freight and other amounts due from the
Merchant, including attorneys' fees and court costs.
(n) "Dangerous Goods" includes any Goods classified or
described as dangerous in the International Maritime
Organization's International Maritime Dangerous Goods
Code or in the Carrier's applicable tariff, and any
Goods that could present or could be likely to present
any hazard to the Vessel, any other transporting
conveyance, to other cargo or property, or to any
Person.
2. CARRIER'S TARIFF
The Carrier's applicable tariff is incorporated into
these Bill of Lading Contract Terms and Conditions and
the Carriage of Goods is subject to all of the terms and
provisions of Carrier's tariff(s).  The relevant
provisions of the applicable tariff(s) are publicly
accessible and/or the Carrier shall provide copies of
the applicable tariff upon request.  In case of any
inconsistency between these Bill of Lading Contract
Terms and Conditions and the applicable tariff, the
former shall prevail.
3. DEFENCES AND LIMITS FOR CARRIER
The defences and limits of liability provided for in
this Bill of Lading shall apply in any and all actions
against the Carrier for loss of or damage to the Goods,
whether the action be founded in contract, in tort or
otherwise.
4. SUB-CONTRACTING: EXEMPTIONS, IMMUNITIES AND
LIMITATIONS OF SERVANTS, AGENTS AND SUB-CONTRACTORS
(a) The Carrier shall be entitled to sub-contract on any
terms the whole or any part of the carriage, loading,
unloading, storing, warehousing, handling and any and
all duties whatsoever undertaken by the Carrier in
relation to the Goods, or to substitute any other vessel
or means of transport for the Vessel without prior
notice to the Merchant.  Carrier may freely engage such
third parties in accordance with their applicable terms
and conditions, which shall in all events be binding
upon Merchant.
(b) The Merchant undertakes that no claim or allegation
shall be made against any servant, agent or
sub-contractor of the Carrier which imposes or attempts
to impose upon any of them or any vessel owned by any of
them any liability whatsoever in connection with the
Goods and, if any such claim or allegation should
nevertheless be made, to indemnify the Carrier against
all consequences thereof.  Without prejudice to the
foregoing, every such servant, agent and sub-contractor
shall have the benefit of all provisions herein
benefiting the Carrier as if such provisions were
expressly for their benefit: and, in entering into this
contract, the Carrier, to the extent of those
provisions, does so not only on its own behalf, but also
as agent and trustee for such servants, agents and
subcontractors.
5. NOTICE OF CLAIM AND TIME-BAR FOR SUIT
(a) Unless notice of loss or damage and the general
nature of such loss or damage be given in writing to the
Carrier or to the person with whom the Carrier has
subcontracted the handling, storage or carriage of the
Goods at the Port of Discharge or Place of Delivery
before or at the time of delivery of the Goods such
removal shall be prima facie evidence of the delivery by
the Carrier of the Goods as described in this Bill of
Lading in good order and condition.  If the loss or
damage is not apparent, then the same prima facie
presumption shall apply if notice in writing is not
given within three (3) days of the delivery.
(b) In any event the Carrier shall be discharged from
all liability in respect of non-delivery, misdelivery,
delay, loss or damage unless suit is brought within
twelve (12) months after delivery of the Goods or the
date when the Goods should have been delivered;
provided, however, if such time period shall be found to
be contrary to any law that compulsorily applies to the
segment of the Carriage during which the loss or damage
occurred, then the prescribed period or minimum period
under such law shall then apply.
6. APPLICABILITY, FORCE AND NEGOTIABILITY OF DOCUMENT
(a) Notwithstanding the heading "Combined Transport Bill
of Lading", the provisions set out and referred to in
this Bill of Lading shall also apply when the transport
is performed by one mode of transport.
(b) In tendering the Goods to the Carrier for Carriage,
the Merchant accepts this Bill of Lading and agrees to
be bound by these Bill of Lading Contract Terms and
Conditions, as well as those on the front page, whether
written, typed, stamped, or printed, as fully as if
signed by the Merchant, any local custom or privilege to
the contrary notwithstanding, and the Merchant agrees
that this Bill of Lading supersedes all agreements or
freight engagements for and in connection with the
Carriage of Goods.  The defenses and limits of liability
of this Bill of Lading shall apply in any action against
the Carrier under any legal theory whatsoever, whether
in contract, tort, bailment, indemnity, contribution, or
otherwise.
(c) By accepting this Bill of Lading, the Merchant and
its transferees agree with the Carrier that, unless the
face thereof is marked "non-negotiable", it shall be
deemed to constitute the title to the Goods and the
holder, by endorsement of this Bill of Lading, shall be
entitled to receive or to transfer the Goods herein
mentioned.
(d) Whether a negotiable bill of lading or a
non-negotiable bill of lading, the person receiving the
Goods in any and all events warrants their entitlement
to such receipt and agrees to indemnify Carrier against
all damages and liabilities which Carrier may incur as a
result of releasing the Goods.
(e) This Bill of Lading shall be prima facie evidence of
receipt by the Carrier of the Goods as herein described.
 When this Bill of Lading has been negotiated or
transferred to a third party acting in good faith,
evidence purporting to show that Carrier did not receive
the Goods will not be admissible.
7. CLAUSE PARAMOUNT
(a) Non-U.S. Shipments
i. As far as this Bill of Lading covers the carriage of
the Goods by water, this Bill of Lading shall have
effect subject to the provisions of the Hague-Visby
Rules and the SDR Protocol, as applicable. .
ii. If any provision of this Bill of Lading is held to
be repugnant to any extent to the Hague-Visby Rules and
SDR Protocol or any other laws, statutes or regulations
mandatorily applicable to the contract evidenced by this
Bill of Lading, such provision shall be null and void to
such extent but no further.
(b) U.S. Shipments
For carriage of goods to or from the U.S., whether or
not applicable by force of law, U.S. COGSA is
incorporated by reference as terms of this contract for
Carriage whether the Goods are carried on or under deck,
whether or not the Carriage is in U.S., foreign trade,
between U.S. ports, or between non-U.S. ports, before
the Goods are loaded on and/or after the Goods are
discharged from the Vessel, and throughout the entire
time the Goods are in the custody or are the
responsibility of Carrier in performing the Carriage
hereunder, whether acting as carrier or bailee.  Nothing
contained herein shall be deemed a surrender by Carrier
of any of its rights or immunities or an increase of any
of its responsibilities under U.S. COGSA. 
Notwithstanding the foregoing, the provisions of 46
U.S.C.    30701 (3)(8) and (4)(5) of U.S. COGSA
addressing minimum liability of the Carrier are excluded
from incorporation by reference and shall only apply
when required by force of law.
 
 
8. RESPONSIBILITY
(a) The Carrier shall be responsible for loss of or
damage to the Goods occurring between the time when the
Goods are received by the Carrier at the Place of
Receipt or Port of Loading and the time of delivery by
the Carrier at the Place of Delivery or Port of
Discharge.
(b) If it can be proved where the loss or damage
occurred, the liability of the Carrier shall be as
follows:
i. with respect to loss or damage occurring during the
period of carriage by sea or inland waterways, to the
extent prescribed by the Hague-Visby Rules, or U.S.
COGSA as the case may be, as provided for in Article 7
hereof.
ii. with respect to loss or damage occurring during the
period of carriage by air, to the extent prescribed in
the Convention for the Unification of Certain Rules
relating to International Carriage by Air (the Warsaw
Convention) dated October 12, 1929, the Warsaw
Convention as amended by the Hague Protocol, dated
September 28, 1955, the Warsaw Convention as amended by
Montreal Protocol No.4, dated September 25, 1975 or the
Convention for the Unification of Certain Rules relating
to International Carriage by Air (the Montreal
Convention) dated May 28, 1999, whichever is applicable
to the state of carriage.  If none of the said
conventions is mandatorily applicable to the state of
international air carriage, the Montreal Convention
shall be applicable.
iii. Save as covered by sub-paragraphs (i) and (ii)
above, the liability of the Carrier for the loss of or
damage to the Goods will be as provided for in this Bill
of Lading.
(c) If it can be proved that the loss of or the damage
to the Goods occurred between the time when the Goods
are received by the Carrier at the Place of Receipt or
Port of Loading and the time of delivery by the Carrier
at the Place of Delivery or Port of Discharge but it
cannot be proved that the stage of the carriage where
the loss or damage occurred, the loss or damage shall be
presumed to have occurred in the course of Carriage by
sea and the Carrier shall be liable to the extent
prescribed by Hague-Visby Rulesin the case of non-U.S.
Shipments, or to the extent prescribed by U.S. COGSA in
the case of U.S. shipments, as provided for in Article 7
hereof.
(d) The column "Final Destination" on the face hereof is
solely for the purpose of the Merchant's reference and
the Carrier' s responsibility in respect to the Goods
shall cease in all cases at the time of delivery of the
Goods at the Port of Discharge or Place of Delivery.
(e) The Carrier shall be relieved from liability if the
loss or damage has been caused by
i. The wrongful act or neglect of the Merchant or any
person acting on behalf of the Merchant.
ii. The inherent defect, quality or vice of the Goods.
iii. The lack of or insufficiency of or the defective
condition of packing of the Goods.
iv. Compliance with the instructions of the Merchant or
any person acting on behalf of the Merchant or the
person entitled to give them.
v. Handling, loading, stowage or unloading of the Goods
by the Merchant or any person acting on behalf of the
Merchant.
vi. Insufficiency or inadequacy of marks or numbers on
the Goods, coverings, cases or Containers.
vii. Strikes or lockouts or stoppage or restraint of
labour from whatever cause, whether partial or general.
viii. Latent defect in any vessel, vehicle, conveyance,
Container, or other cargo-carrying equipment or storage
facilities whatsoever, not discoverable by due
diligence.
 
9. WAIVERS
(a) Where the liability scheme for interstate motor
transportation under U.S. laws collectively known as the
"Carmack Amendment" (hereinafter called "Carmack") would
otherwise apply to any segment of the Carriage, the
Merchant expressly agrees to a waiver of the Carmack
liability scheme.  For such motor transportation, the
Merchant expressly agrees that this Bill of Lading, and
particularly, this paragraph, satisfies the express
written waiver required under 49 U.S.C. section 14101(b)
of all the Merchant's rights and remedies under Carmack,
excluding the provisions governing registration,
insurance, or safety fitness.
(b) For any segment of the Carriage that may be
non-exempt rail transportation under 49 U.S.C. Title 49
and, therefore, subject to that part of Carmack that
governs rail transportation, the Merchant expressly
agrees that this Bill of Lading is a contract for
specified services under specified rates and conditions
under 49 U.S.C. section 10709.  For any segment of the
Carriage that may be exempt rail transportation as part
of a continuous intermodal movement, the Merchant
expressly agrees that this Bill of Lading is a contract
of exempt rail transportation under 49 U.S.C. section
10502.  For such transportation, the Merchant
understands and agrees that the Carrier has offered to
the Merchant contractual terms for liability and claims
that are consistent with the provisions of 49 U.S.C.
section 11706 and that the Merchant has instead elected
to ship the Goods under the alternative terms for
liability and claims of this Bill of Lading, in exchange
for the Carrier's regular/lower rates for Goods with a
limited value.
(c) Notwithstanding paragraphs (a) and (b) above, if a
court were to hold that that Carmack nevertheless
applies to any segment of the Carriage, then the
following notice and time-for-suit periods shall apply:
i. Any cargo claims subject to Carmack must be filed
within nine months after the delivery of the Goods, or
in the case of export traffic, within nine months after
delivery at the port of export, except that claims for
failure to make delivery must be filed within nine
months after a reasonable time for delivery has elapsed.
 The failure to file a claim within the applicable
nine-month period shall result in the claim's being
time-barred and the Carrier's discharge from any
liability.  The Carrier shall not pay any time-barred
claims.  A timely notice of claim is a condition
precedent to the right to institute a timely lawsuit
against the Carrier, as set forth below in subparagraph
(ii).
ii. Any lawsuits for cargo claims subject to Carmack
shall be filed against the Carrier no later than two
years and one day from the date on which the Carrier has
given written notice to the claimant that the Carrier
has disallowed the claim or any part or parts of the
claim specified in the timely notice of claim.  Assuming
a timely notice of claim, the failure to file a timely
lawsuit within the above two-year-and-one-day period
shall result in the claim's being time-barred and the
Carrier's discharge from any liability.  The Carrier
shall not pay any time-barred claims.
10. LIMITATION OF LIABILITY
(a) All Claims for which the Carrier may be liable shall
be limited pursuant to the laws as prescribed in Clause
7 above.
(b) In no event shall Carrier's aggregate liability
exceed the actual value of Goods listed on the
Merchant's net invoice cost plus freight and insurance
premium, if paid.
(c) In any and all events, nothing in this document
shall constitute a surrender of any liability immunity
or limitation inuring to Carrier's benefit under any
applicable law, even if such immunity or limitation by
law results in a liability of Carrier less than the
otherwise applicable maximum contractual liability
hereunder.
(d) In the event of loss or damage subject to mandatory
applicable law which invalidates Carrier's otherwise
applicable maximum contractual liability hereunder,
Carrier's liability shall be limited to the lowest
amount permissible by / in accordance with such
applicable law.
(e) Non-U.S. Shipments
i. The Carrier shall in no event be or become liable for
any loss of or damage to the Goods in amount exceeding
the equivalent of 666.67 SDR (the Special Drawing Right
as defined by the International Monetary Fund) per
package or unit or 2 SDR per kilogram of gross weight of
the Goods lost or damaged, whichever is the higher,
unless the nature and value of the Goods have been
declared by the Merchant before delivery to the Carrier
and inserted in this Bill of Lading and extra freight
has been paid as required.  This declaration, if
embodied in this Bill of Lading, shall be prima facie
evidence, but shall not be conclusive on the Carrier.
ii. The Units of Account mentioned above shall be
determined on the basis of the final figures published
on a date on which the Carrier shall compensate for
damage to the Goods.
(f) U.S. Shipments
i. Unless the shipper declares a higher value, Carrier's
liability shall be limited as follows: (a) for loss or
damage occurring during any portion of the Carriage
governed by US COGSA by force of law, Carrier's
liability shall be limited to a maximum of US$500 per
package of the portion of Goods adversely affected, or
for Goods not shipped in packages, per customary freight
unit; (b) for loss or damage occurring during any
portion where COGSA is otherwise incorporated herein but
is not applicable by force of law, to include periods of
domestic water carriage and inland (surface)
transportation, Carrier's liability shall be limited to
a maximum of US$500 per Package of Goods adversely
affected;
ii. For purposes of Carrier's liability, and for good
and valuable consideration to Merchant in the form of
freight rate, the package or customary freight unit
shall be the object and unit referred to in the "No. of
Pkgs." column on the face of this document and in the
absence of designation in such column shall be deemed
the Container.
iii. The Merchant may avoid the liability limitations
hereunder, or any other liability limitation imposed by
applicable law, by unequivocally declaring the value of
the Goods for liability purposes to Carrier in writing
prior to Carriage and paying Carrier an ad valorem
freight rate.  Such declared value shall only be binding
upon Carrier to the extent also memorialized and
indicated on the face of this document.  Carrier's
knowledge of the value of Goods and/or Merchant's
declaration of the value of the Goods to Carrier in
regular course or for any other purpose, such as for
Customs purposes, shall in no event constitute a
declared value of the Goods to Carrier for liability
purposes.
iv. Carrier does not guarantee delivery of the Goods at
the port of discharge or place of delivery at any
particular time or to meet any particular market or use.
Carrier shall have no liability for any direct or
consequential damages arising from delay or failure to
notify Merchant as to the actual arrival and/or delivery
date of the Goods.
11. METHODS AND ROUTES OF CARRIAGE
(a) The Carrier may at any time and without notice to
the Merchant:
i. use any means of transport or storage whatsoever;
ii. consolidate the goods with other cargoes;
iii. transfer the Goods from one conveyance to another
including transshipping or carrying the same on another
vessel than that named on the face hereof;
iv. unpack and remove the Goods which have been packed
into a Container and forward them in a Container or
otherwise;
v. 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; Port of
Discharge on the face hereof) and store the Goods at any
such place or port;
vi. comply with any orders or recommendations given by
any government or authority or any person or body or
purporting to act as or on behalf of such government or
authority or having under the terms of the insurance on
any conveyance employed by the Carrier the right to give
orders or directions;
vii. sail with or without pilots, proceed at any speed
and by any route in the Carrier's sole
discretion-irrespective of whether such route is the
nearest, most direct, customary, or advertised route,
proceed to, return to, and stay at any port or place
whatsoever in any order, in or out of the route, or in a
contrary direction to or beyond the Port of Discharge,
once or more in order to, without limitation, bunker or
load or discharge cargo, undergo repairs, adjust
equipment, drydock, make trial trips, tow, or be towed.
(b) 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.
12. FORCE MAJEURE
(a) Without prejudice to any of the Carrier's rights or
privileges under this Bill of Lading or under applicable
law, the Carrier shall not be responsible for any loss,
damage, or delay that arises out of or is in any way
related to, directly or indirectly, any event beyond the
reasonable control of the Carrier, regardless of the
event's foreseeability, including war, civil unrest,
hostilities, warlike operations, terrorism, natural
disasters, embargoes, blockades, port congestion,
shortages or stoppage of labor, strikes, lockouts or
other labor disturbances, pirates, hijackers or
assailing thieves, regulations of any governmental
authority pertaining thereto or any other official
interferences with commerce that arise out of or are in
any way related to the above conditions and affecting
the Carrier's operations or the Carriage in any way, in
which case the Carrier shall have the right to cancel
any outstanding booking or the Carriage.
(b) The Carrier, at its sole discretion, without prior
notice to the Merchant and irrespective of whether the
Carriage has begun, may treat the performance of the
Carriage as terminated and place the Goods at the
Merchant's disposal at any place or port that the
Carrier, at its sole discretion, deems to be safe and
convenient, whereupon the Carrier's responsibility for
such Goods shall cease.  The Carrier shall nevertheless
be entitled to full freight and Charges on such Goods,
and the Merchant shall pay any additional costs of
transportation, transshipment, loading, unloading,
delivery, storage, and all expenses related to each of
the foregoing.
13. NOTIFICATION AND DELIVERY
(a) The Carrier shall have the right to deliver the
Goods at any time from or at the Vessel's side,
customhouse, warehouse, wharf, quay or any other place
designated by the Carrier within the geographic limits
of the Port of Discharge or Place of Delivery shown on
the face hereof.
(b) The Goods shall be deemed to be delivered when they
have been delivered to or placed at the disposal of the
Merchant or its agent in accordance with this Bill of
Lading, or when the Goods have been delivered to any
authority or other party to which, pursuant to the law
or regulation applicable at the place of delivery, the
Goods must be delivered or surrendered, or such other
place at which the Carrier is entitled to call upon the
Merchant to take delivery.  Carver shall have no
liability for any direct or consequential damages
arising after delivery of the Goods.  Delivery of the
Goods to the custody of customs or any other authorities
shall constitute final discharge of the Carrier's
responsibility hereunder.
(c) In case the cargo received by the Carrier is
Container(s) into which contents have been packed by or
on behalf of the Merchant, the Carrier shall only be
responsible for delivery of the total number of
Container(s) shown on the face hereof, and shall not be
required to unpack the Container(s) and deliver the
contents thereof in accordance with brands, marks,
numbers, sizes or types of packages or pieces.
(d) 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
to store the Goods or the part thereof at the sole risk
of the Merchant, whereupon the liability of the Carrier
in respect of the Goods or that part thereof stored as
aforesaid (as the case may be) shall wholly cease and
the cost of such storage (if paid by or payable by the
Carrier or any agent or sub-contractor of the Carrier)
shall forthwith upon demand be compensated for by the
Merchant to the Carrier.
(e) Any mention in this Bill of Lading 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 give rise to any liability on the
part of the Carrier or relieve the Merchant of any
obligation thereunder.
(f) If at any time the Carriage is or is likely to be
affected by any hindrance or risk of any kind (including
the condition of the Goods) not arising from any fault
or neglect of the Carrier, its subcontractors or agents,
the Carrier may: abandon the Carriage of the Goods and,
where reasonably practicable, place the Goods or any
portion of them at the Merchant's disposal at any place
that the Carrier may deem safe and convenient, whereupon
delivery shall be deemed to have been made, and the
responsibility of the Carrier in respect of such Goods
shall cease.  In such event, the Carrier shall be
entitled to full freight under this Bill of Lading and
the Merchant shall pay any additional costs arising out
of such event.
(g) The Merchant's refusal to take delivery of the Goods
notwithstanding its having received notice of their
availability shall constitute an irrevocable waiver of
any claims arising out of or relating to the Goods or
the Carriage.  The Merchant shall be liable to the
Carrier for any losses, damages, expenses, and
liabilities it incurs arising out of such a refusal,
including for the cost of returning the Goods to their
place of origin.
(h) The Merchant understands and agrees to the
provisions on free storage time and demurrage in the
Carriers applicable tariff.
14. SPECIAL DELIVERY
(a) The special arrangements for receiving the Goods as
Full Container Load and delivering them as Less than
Container Load (FCL/LCL) and/or for split delivery of
the Goods to more than one receiver shall be undertaken
by the Carrier at his 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 Container.  The
Merchant shall be liable for an appropriate adjustment
of the freight and charges and shall pay any additional
cost incurred.
(b) The special arrangements for receiving the Goods as
Less than Container Load and delivering them as Full
Container Load (LCL/FCL) shall be undertaken by the
Carrier at his absolute discretion and on condition that
the Carrier shall not be liable for any shortage, loss,
damage or discrepancies of the Goods, which are not
apparent at the time of such delivery, provided that the
Carrier shall have exercised ordinary care in packing
the Container.
15. FREIGHT AND CHARGES
(a) Full freight to the Port of Discharge or Place of
Delivery named herein shall be considered as completely
earned on receipt of the Goods by the Carrier, whether
the freight be stated or intended to be prepaid or
collect.
(b) Freight may be calculated on the basis of the
particulars of the Goods furnished by the Merchant who
shall be deemed to have guaranteed to the Carrier the
accuracy of the contents, weight, measure or value
furnished by him, at the time of receipt of the Goods by
the Carrier, but the Carrier may, for the purpose of
ascertaining the actual particulars, at any time, open
the Container(s) and/or package(s) and examine contents,
weight, measure and value of the Goods at the risk and
expense of the Merchant.  In case of incorrect
declaration of the contents, weight, measure and value
of the Goods, the Merchant shall be liable for and bound
to pay to the Carrier (i) the balance between the
freight charged and that which would have been due had
the correct details been given plus (ii) a sum equal to
the correct freight, as and by way of liquidated and
ascertained damages.  Such liquidated damages shall only
relate to freight charges; Carrier reserves all rights
to recover from Merchant other damages caused by
Merchant's breach of its warranty as to the accuracy and
completeness of the description and the marks, numbers,
quantities and weight of the Goods.
(c) The Carrier shall be entitled to all freight and
other charges due hereunder, whether actually paid or
not, and to receive and retain them irrevocably under
any circumstances whatsoever, whether the Vessel and/or
the Goods be lost or not, or the voyage be broken up or
frustrated or abandoned at any stage of the entire
transit.  Full freight shall be paid on damaged or
unsound Goods.
(d) The payment of freight and/or charges shall be made
in full and in cash without any offset, counterclaim or
deduction.  Where freight is payable at the Port of
Discharge or Place of Delivery, such freight and all
other charges shall be paid in the currency named in
this Bill of Lading or, at the Carrier's option, in
other currency subject to the regulations of the freight
conference concerned or in this Bill of Lading or, at
the Carriers option, in other currency subject to the
regulations of the freight conference concerned or
custom at the place of payment.
(e) Payment of freight and Charges to any person other
than the Carrier or its authorized agent is not and
shall not be considered payment to the Carrier and shall
be made at the Merchant's sole risk.
(f) The Merchant shall, where applicable, reimburse and
indemnify the Carrier for payment of all duties, taxes,
charges, freight, demurrage, detention, general average,
or any other expenses whatsoever in connection with the
goods, and also all expenses including court costs,
interest, expenses, and attorneys' fees the Carrier
incurs in collecting any sums due, failing which shall
be considered a default by the Merchant in the payment
of freight and Charges.
(g) Goods once received by the Carrier cannot be taken
away or disposed of by the Merchant except upon the
Carrier's consent and against payment of full freight
and compensation for any loss sustained by the Carrier
through such taking away or disposal.  If the Goods are
not available when the Vessel is ready to load, the
Carrier is relieved of any obligation to load such Goods
and the Vessel may leave the port without further notice
and dead freight shall be paid by the Merchant.
(h) The Merchant shall be liable for expenses for
mending, baling, repairs or replacement of package
resulting from insufficiency of packing or from excepted
perils, and expenses incurred in fumigating, protecting,
caring for or regaining possession of the Goods or
taking any other measures for the benefit of the Goods. 
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
insufficiency of packing or from excepted perils
regardless of the Merchant's negligence.
(i) The shipper, consignor, consignee, owner of the
Goods and holder of this Bill of Lading shall be jointly
and severally liable to the Carrier for the payment of
all freight and charges and for the performance of the
obligation of each of them hereunder.
16. LIEN
(a) The Carrier shall have a lien on the Goods, even
after delivery thereof, for all freight, dead freight,
demurrage, damages, loss, charges, expenses and any
other sums whatsoever payable by or chargeable to or for
the account of the Merchant under this Bill of Lading
and any contract preliminary hereto and the cost and
expenses of recovering the same, and may sell the Goods
privately or by public auction without notice to the
Merchant.  If, on sale of the Goods, the proceeds fail
to cover the amount due and the cost and expenses
incurred, the Carrier shall be entitled to recover the
deficit from the Merchant.
(b) 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.
17. DESCRIPTION OF GOODS
(a) Any reference on the face hereof to marks, numbers,
description, quality, quantity, gauge, weight, measure,
nature, kind, value and any other particulars of the
Goods is as furnished by the Merchant, and the Carrier
shall not be responsible for the accuracy thereof.  The
Merchant understands that the Carrier has not verified
the contents, weight, or measurement of a sealed
Container or Package, or the value, quantity, quality,
description, condition, marks, or numbers of the
contents thereof.  The Carrier is under no
responsibility whatsoever in respect of such description
of particulars.  This Bill of Lading is prima facie
evidence of the receipt only of the number of
Container(s) as shown on the face hereof
(b) The Carrier shall not in any circumstances
whatsoever be under any liability for insufficient
packing or inaccuracies, obliteration or absence of
marks, numbers, addresses or description, or for
misdelivery due to marks or countermarks or numbers, or
for failure to notify the consignee of the arrival of
the Goods, notwithstanding any custom of the Port of
Discharge or Place of Delivery, as applicable, to the
contrary.
(c) The Merchant warrants to the Carrier that the
particulars furnished by him are correct and shall
indemnify the Carrier against all loss, damage,
expenses, liability, penalties and fines arising or
resulting from inaccuracy thereof.
18. DELIVERY BY MARKS
(a) 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, package(s) and Containers by the
Merchant before they are received by the Carrier in
letters and numbers not less than two inches high,
together with names of the Port of Discharge and Place
of Delivery.
(b) In no circumstances shall the Carrier be responsible
for delivery in accordance with other than leading
marks.
(c) The Merchant warrants to the Carrier that the marks
on the Goods, package(s) and Container(s) correspond to
the marks shown on this Bill of Lading and also in all
respects comply with all laws and regulations in force
at the Port of Discharge or Place of Delivery, and shall
indemnify the Carrier against all loss, damage,
expenses, penalties and fines arising or resulting from
incorrectness or incompleteness thereof.
(d) Goods which cannot be identified by marks and
numbers, cargo sweepings, liquid residue and any
unclaimed Goods not otherwise accounted for shall be
allocated for the purpose of completing delivery to the
various Merchants of like character, in proportion to
any apparent shortage, loss of weight or damage, and
such Goods or parts thereof shall be accepted as full
and complete delivery.
19. DANGEROUS GOODS, CONTRABAND
(a) The Carrier undertakes to carry the Goods of an
explosive, inflammable, radioactive, corrosive,
damaging, noxious, hazardous, poisonous, injurious or
dangerous nature only upon the Carrier's acceptance of a
prior written application by the Merchant for the
carriage of such Goods.  Such application must
accurately state the name, nature, label and
classification of the Goods as well as the method of
rendering them innocuous and the full names and
addresses of the shipper and the consignee.
(b) The Merchant shall undertake that the nature of the
Goods referred to in the preceding paragraph is
distinctly and permanently marked and manifested on the
outside of the package(s) and Container(s) and shall
also undertake to submit the documents or certificates
required by any applicable statutes or regulations or by
the Carrier.
(c) Whenever the Goods are discovered to have been
received by the Carrier without complying with the
paragraph (a) or (b) above or 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 or
waters during the transport, 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 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 regardless
of the Merchant's knowledge of the nature of such Goods.
(d) The Carrier may exercise or enjoy the right or
benefit conferred upon the Carrier under the preceding
paragraph whenever it is apprehended that the Goods
received in compliance with paragraphs (a) and (b) above
become dangerous to the Carrier, Vessel, cargo, persons
and/or other property.
(e) The Carrier has the right to inspect the contents of
the package(s) or Container(s) at anytime and anywhere
without the Merchant's agreement but only at the risk
and expense of the Merchant.
20. SPECIAL CONTAINERS
(a) The Carrier shall not undertake to carry the Goods
in refrigerated, heated, insulated, ventilated or any
other special container(s), nor to carry special
container(s) packed by or on behalf of the Merchant as
such; but the Carrier will treat such Goods or
Container(s) only as ordinary Goods or dry container(s)
respectively, unless special arrangements for the
carriage of such Goods or Container(s), have been agreed
to in writing between the Carrier and the Merchant and
unless such special arrangements are noted on the face
of this Bill of Lading and unless special freight as
required has been paid.  The Carrier shall not accept
any responsibility for the function of special
container(s) supplied by or on behalf of the Merchant.
(b) The term "apparent good order and condition," when
used in this Bill of Lading with reference to Goods that
require refrigeration, does not mean that the Goods upon
the Carrier's receipt of the same, were verified by the
Carrier as being at the designated carrying temperature.
(c) As regards the Goods which have been agreed to be
carried in special container(s), the Carrier shall
exercise due diligence to maintain the facilities of the
special container(s) while they are in his actual
custody and control and shall not be liable for any kind
of loss of or damage to the Goods caused by latent
defects, derangement or breakage of facilities of the
container(s).
(d) If the Merchant requests a particular temperature
range, which, upon acceptance by the Carrier, is
inserted in this Bill of Lading, the Carrier will set
the thermostatic controls within the requested
temperature range, but the carrier does not guarantee
the maintenance of such temperature inside the
Container(s).
(e) The Carrier shall in no event be held liable for
damage to Goods due to condensation.
21. AUTOMOBILE AND OTHER UNPACKED GOODS
The term "apparent good order and condition" with
reference to any automobile, rolling stock, tractor,
machinery and any other unpacked Goods does not mean
that 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 held liable for loss or damage arising
out of or resulting from the Goods being unpacked.
 
22. 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.
23. VALUABLE GOODS
The Carrier shall not be liable 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.
24. HEAVY LIFT
(a) The weight of a single piece or package exceeding
2,240 lbs. gross must be declared by the Merchant in
writing before receipt thereof by the Carrier and must
be marked clearly and durably on the outside of the
piece or package in letters and figures not less than
two inches high.
(b) In case of the Merchant's failure in his obligations
under the preceding paragraph, the Carrier shall not be
responsible for any loss of or damage to or in
connection with the Goods, and at the same time the
Merchant shall be liable for loss of or damage to any
property or for personal injury arising as a result of
the Merchant's said failure and shall indemnify the
Carrier against any kind of loss or liability suffered
or incurred by the Carrier as a result of such failure.
25. DECK CARGO
(a) The Carrier has the right to carry the Goods in
Container(s) under deck or on deck.
(b) When the Goods are carried on deck, the Carrier
shall not be required to specially note, mark or stamp
any statement of "on deck stowage" on the face hereof,
any custom to the contrary notwithstanding, and the
Goods so carried shall be subject to the applicable
Hague-Visby Rules and SDR Protocol, as applicable, as
provided for in Article 7hereof, and shall be deemed to
be carried under deck for all purposes including general
average.
(c) The carrier shall not be liable in any capacity
whatsoever for any non-delivery, misdelivery, delay in
arrival or loss of or damage to the Goods which are
carried on deck and specially stated herein to be so
carried, whether or not caused by the Carrier's
negligence or the Vessel's unseaworthiness.
26. 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.  The Carrier shall not be
liable in any capacity whatsoever for the loss of or
damage to live animals and/or plants.  The Merchant
shall indemnify and hold the Carrier harmless from and
against any extra costs the Carrier has incurred for any
reason whatsoever in connection with the Carriage of
such live animals or plants.
27. CONTAINER PACKED BY MERCHANT
If the cargo received by the Carrier is Container(s)
into which contents have been packed by or on behalf of
the Merchant,
(a) the Merchant warrants that the stowage of the
contents of Container(s) and their closing and sealing
are safe and proper and also warrants that the
Container(s) and contents thereof are suitable for
handling and carriage in accordance with the terms
hereof; in the event of the Merchant's breach of said
warranties, the Carrier shall not be responsible for any
loss of or damage to or in connectionwith the Goods
resulting from said breach and the Merchant shall be
liable for loss of or damage to any other property, or
for personal injury or the consequences of any other
accidents or events whatsoever and shall indemnify the
Carrier against any kind of loss or liability suffered
or incurred by the Carrier on account of the said
accidents or events, and
(b) the Merchant shall inspect the Container(s) when the
same are furnished by or on behalf of the Carrier, and
they shall be deemed to have been accepted by the
Merchant as being in sound and suitable condition for
the purpose of the transport contracted herein, unless
he gives notice to the contrary in writing to the
Carrier, and
(c) if the Container(s) are 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(s).
28. INSPECTION OF GOODS
(a) Without obligation to do so, the Carrier shall be at
liberty to open the Container(s) and to inspect the
contents of the Container(s) without notice to the
Merchant for any purpose and to inquire and verify the
accuracy or sufficiency of information provided and to
seek assurances.  Any discrepancies may result in
shipment delay, cancellation and/or additional charges
assessed by the Carrier.  All expenses incurred
therefrom shall be borne by the Merchant.
(b) In case the seals of Container(s) are broken by the
customs or other authorities for the inspection of the
contents of the said Container(s), the Carrier shall not
be liable for any loss, damage, expenses or any other
consequences arising or resulting therefrom.
(c) The Carrier may disclose and report, whether on a
mandatory or voluntary basis, any and all regulatory
non-compliance to authorities; such authorities may
exercise forfeiture and/or assess penalties against
Merchant.
29. CARRIER'S CONTAINER
(a) The Merchant shall assume full responsibility for
and shall indemnity the Carrier against any loss of or
damage to the Carrier's Container(s) and other
equipment(s) which occurs while in the possession or
control of the Merchant, his agents or inland carriers
engaged by or on behalf of the Merchant.
(b) The Carrier shall in no event be liable for and the
Merchant shall indemnify and hold the Carrier harmless
from and against any loss of or damage to property of
other persons or injuries to other persons caused by the
Carrier's Container(s) or the contents thereof during
handling by, or while in the possession or control of,
the Merchant, his agents or inland carriers engaged by
or on behalf of the Merchant.
30. CARRIAGE AFFECTED BY THE CONDITION OF THE GOODS
If it appears at any time that the Goods cannot safely
or properly by carried or carried further, either at all
or without incurring any additional expense or taking
any measure in relation to the Goods or the Container,
then the Carrier may, without notice to the Merchant,
but as its agent only, take any measure or incur any
additional expense to carry or to continue the Carriage,
or to sell or dispose of the Goods, or to abandon the
Carriage or store Goods ashore or afloat, under cover or
in the open, at any place that the Carrier, in its sole
discretion, considers most appropriate, which
abandonment, storage, sale, or disposal shall be deemed
to constitute delivery under this Bill of Lading.  The
Merchant shall indemnify the Carrier against any
additional expenses it has so incurred.
31. DELAY, CONSEQUENTIAL LOSS
(a) The Carrier does not undertake that the Goods will
be transported from the Place of Receipt or Port of
Loading, as applicable, or will arrive at the Port of
Discharge or Place of Delivery, as applicable, or will
be transshipped on board any particular vessel or other
conveyance at any particular date or time or to meet any
particular market in time for any particular use.  The
scheduled or advertised departure and arrival times are
only expected times and the Carrier shall in no
circumstances have any liability whatsoever for any
direct, indirect or consequential loss or damage caused
by delay.  Save as otherwise provided for herein, the
Carrier shall in no circumstances be liable for direct,
indirect or consequential loss or damage arising from
any other cause.
(b) Without prejudice to the foregoing, if the Carrier
is found liable for delay by the court, the Carrier's
liability shall be in no event exceed to the freight
applicable to the relevant stage of the Carriage.
32. GENERAL AVERAGE, SALVAGE AND NEW JASON CLAUSE
(a) The Merchant shall admit that General Average may be
declared during the course of or in respect of the
carriage of the Goods by sea and shall in such a case
undertake to make for settlement of the General Average
such contribution due from the Goods as is determined in
accordance with the York-Antwerp Rules of 1994 or any
modification thereof.
(b) Such security including a cash deposit as the
Carrier or the owner of the Vessel may deem sufficient
to cover the estimate contribution of the Goods, any
salvage and special charges thereon, shall be furnished
by the Merchant to the Carrier or the owners of the
Vessel, if required, prior to delivery of the Goods. The
Merchant shall give such cash deposit or other security
as the general average adjusters require to cover the
estimated general average contribution of the Goods
before their delivery, irrespective of whether the
Merchant had notice of the general average lien at the
time of delivery.
(c) If the Carrier delivers the Goods without obtaining
security for general average contribution, the Merchant,
by taking delivery of the Goods, undertakes personal
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
reasonably require. The Carrier shall be under no
obligation to take any steps to collect security for
general average or salvage security or contributions due
from the Merchant.
(d) In the event of accident, danger, damage or disaster
before or after the commencement of the voyage,
resulting from any cause whatsoever, whether due to
negligence or not, for which, or for the consequence of
which, the Carrier is not responsible, by statute,
contract or otherwise, the Goods, shippers, consignees
or the owners of the Goods shall jointly and severally
contribute with the Carrier in general average to the
payment of any sacrifices, losses or expenses of a
general average nature that may be made or incurred and
shall pay salvage and special charges incurred in
respect of the Goods.  If a salving Vessel is owned or
operated by the Carrier, salvage shall be paid for as
full as if the said salving Vessel or Vessels belonged
to strangers.  Such deposit as the Carrier, or his
agents may deem sufficient to cover the estimated
contribution of the Goods and any salvage and special
charges thereon shall, if required, be made by the
Goods, shippers, consignees or owners of the Goods to
the Carrier before delivery.
33. BOTH-TO-BLAME COLLISION CLAUSE
If the Vessel comes into collision with another ship as
a result of the negligence of the other ship and any
act, neglect or default of the master, mariner, pilot or
the servants of the Carrier in the navigation or in the
management of the Vessel, the owners of the Goods
carried hereunder will indemnify the Carrier against all
loss or liability to the other or non- carrying ship or
her owners in so far as such loss or liability
represents loss of, or damage to, or any claim
whatsoever of the owners of said Goods, paid or payable
by the other or non-carrying ship or her owners to the
owners of said Goods and set-off, recouped or recovered
by the other or non-carrying ship or her owners as part
of their claim against the carrying Vessel or Carrier. 
The foregoing provisions shall also apply where the
owners, operators or those in charge of any ship or
ships or objects other than, or in addition to, the
colliding ships or objects are at fault in respect of a
collision or contact.
34. MERCHANT'S RESPONSIBILITIES
(a) The parties within the definition of "Merchant"
shall be jointly and severally liable to the Carrier for
the fulfillment of all obligations undertaken by any of
them under this Bill of Lading.
(b) The Merchant warrants to the Carrier that the
particulars relating to the Goods stated on the front
page of this Bill of Lading have been checked by the
Merchant on its receipt of this Bill of Lading.  The
Merchant further warrants that any particulars relating
to the Goods furnished by or on behalf of the Merchant
are adequate and correct for all purposes including for
purposes of security filings or disclosures and all
other government-required filings or disclosures.  The
Merchant also warrants that the Goods are lawful goods
and are not contraband.
(c) The Merchant has the exclusive obligation to ensure,
and hereby warrants, the Goods and Merchants are
compliant with all relevant authorities and are legally
eligible for Carriage in all respects under all relevant
governing laws and regulations.  The Merchant shall
further inform Carrier of any applicable licensing,
reporting, or other regulatory requirement under all
relevant laws and regulations prior to Carriage of the
Goods.
(d) The Merchant shall indemnify and hold the Carrier
harmless from and against any loss, damage, liability,
and expense, including attorneys' fees, that the Carrier
has incurred, arising out of or in any way connected
with or caused by, in whole or in part, any breach of
the warranties in sub-paragraph (b) of this clause or
from any other cause in connection with the Goods for
which the Carrier is not responsible.
(e) The Merchant shall provide Carrier with certified
weights obtained on calibrated and certified weighing
equipment of the Goods and the Container that are
tendered to steamship lines and Merchant represents that
Carrier is entitled to rely on the accuracy of such
weights and to counter-sign or endorse it as agent of
Merchant in order to provide the certified weight
certificates or verifications of gross mass to the
steamship line or terminal operator.  The Merchant
agrees that it shall indemnify and hold the Carrier
harmless from any claims, losses, fines, penalties, or
other costs resulting from any incorrect or improper
statements of the weight or verified gross mass provided
by the Merchant or its agent or contractor on which the
Carrier relies.
(f) The Merchant shall assume full responsibility for
and shall indemnify Carrier against any loss of or
damage to Containers and other equipment provided by
Carrier or its subcontractors, servants, or agents which
loss or damage occurs while in the possession or control
of Merchant, its agents or independent vendors engaged
by or on behalf of Merchant.  Merchant shall indemnify
and hold Carrier harmless from and against any loss of
or damage to property of other persons or injuries to
other persons caused by Containers or the Goods during
handling by, or while in the possession or control of,
Merchant, its agents or any independent vendors engaged
by or on behalf of Merchant.
35. MANDATORY GOVERNING LAW, VENUE AND JURISDICTION FOR
NON-U.S. SHIPMENTS
The contract evidenced by or contained in this Bill of
Lading shall be governed by Italian law, except as may
be otherwise provided for in Article 7(b), 9, 10(f) and
36 herein, and any and all actions thereunder shall be
exclusively brought before the Court of Genoa in Italy,
whether the action be found in contract, in tort or
otherwise.
36. MANDATORY GOVERNING LAW, VENUE AND JURISDICTION FOR
U.S. SHIPMENTS
If the carriage covered by this Bill of Lading includes
carriage to or from or through a port or place in the
United States of America, then the Merchant agrees that:
(a) This Bill of Lading shall be subject to U.S. COGSA
of which terms shall be deemed to be incorporated
herein;
(b) In case of the above paragraph, the liability of the
Carrier or any sub-contractor shall not exceed US$500
per package or customary freight unit, unless the nature
and value of the Goods have been declared on the face
hereof.  This declaration, if embodied in this Bill of
Lading, shall be prima facie evidence, but shall not be
conclusive on the Carrier;
(c) All claims or disputes arising out of or in any way
connected to this Bill of Lading or the Carriage shall
be determined under the law of Italy, without regard to
its conflict of laws rules;
(d) The exclusive and mandatory venue for any of the
above claims or disputes shall be exclusively brought
before the Court of Genoa in Italy, whether the action
be found in contract, in tort or otherwise.
37. VARIATION OF THE CONTRACT; PARTIAL INVALIDITY
No employee, servant, agent, or Sub-Contractor of the
Carrier has the power to waive or vary any of these Bill
of Lading Contract Terms and Conditions unless the
Carrier, in writing, has specifically authorized such a
waiver or variation.  If any provision of these Bill of
Lading Contract Terms and Conditions shall for any
reason be held to be invalid or unenforceable by any
court or regulatory body, then the remainder of these
Bill of Lading Contract Terms and Conditions shall be
unaffected thereby and shall remain in full force and
effect.
 

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