Effective	31MAR2006
Filed	31MAR2006
Filing Codes	C

1. (Definition) The following words both on the face and
back of this Bill of Lading have the meanings hereby
assigned:
(a)    "Carrier" means Nippon Yusen Kaisha including the
servants, agents and the Master, and the Vessel and/or
her owner;
(b)    "Merchant" includes the shipper, consignor,
consignee, owner or receiver of the Goods and also the
holder of this Bill of Lading;
(c)    "Goods" mean the cargo described on the face
hereof and, if the cargo is packed into container(s),
loaded on pallet(s) or unitized into similar article(s)
of transport supplied or furnished by or on behalf of
the Merchant, include such article(s) of transport as
well;
(d)    "Vessel" includes vessel, ship, craft, lighter or
other conveyances which is or shall be substituted, in
whole or in part, for the vessel named in the column
"Ocean Vessel" on the face hereof.
(e)    "Sub-Contractor" includes owners and operators of
the Vessel or any other vessel (other than the Carrier),
stevedores, terminal operators, warehousemen, road and
rail transport operators and any independent contractors
employed by the Carrier in performance of the Carriage
and any sub-contractor thereof.
(f)    "Carriage" means the whole or any part of the
operations and services undertaken by the Carrier in
respect of the Goods covered by this Bill of Lading.
(g)    "Person" includes an individual, group, company,
or other entity.
 
2. (Clause Paramount) (1) This Bill of Lading shall have
effect subject to the provisions of the International
Carriage of Goods by Sea Act, 1957 of Japan, as amended
3 June,1992 (hereinafter be 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 relating to Bills of Lading
signed at Brussels on 25 August,1924, or the amendments
by the Protocol signed at Brussels on 23 February,1968,
or the amendments by the Protocol signed at Brussels on
21 December,1979, including without limitation, the
Carriage of Goods by Sea Act,1936, of the United States
(the similar legislation shall hereinafter be called
"Hague Rules Legislation"), compulsorily applies to this
Bill of Lading, in which case it shall have effect
subject to the provisions of such Hague Rules
Legislation. The Act or Hague Rules Legislation shall be
deemed to be incorporated herein.
(2) If any provision of this Bill of Lading is held to
be repugnant to any extent to the Act   or Hague Rules
Legislation or to any other laws, statutes or
regulations applicable to the contract evidenced by this
Bill of Lading, such provision shall be null and void to
that extent but no further.
 
3. (Governing Law and Jurisdiction) (a) The contract
evidenced by or contained in this Bill of Lading shall
be governed by Japanese law except as may be otherwise
provided herein, and (b) notwithstanding anything else
contained in this Bill of Lading or in any other
contract, any and all actions against the Carrier in
respect of the Goods or arising out of the Carriage
shall be brought before the Tokyo District Court in
Japan to the exclusion of the jurisdiction of any other
courts whilst any such actions against the Merchant may
be brought before the said Court or any other competent
court at the Carrier's option..
 
4. (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 Bill of Lading
and the applicable Tariff, this Bill of Lading shall
prevail.
 
5. (Limitation Statutes, Demise Clause) (1) Nothing in
this Bill of Lading shall operate to limit or deprive
the Carrier of the benefit of, and right to, all
limitations of or exemptions from liability authorized
by laws, statutes or regulations of any countries.
(2) If the Vessel is not owned by, or chartered by
demise to the Carrier (as the case may be
notwithstanding anything that appears to the contrary),
this Bill of Lading shall have effect only as a contract
with the owner or demise charterer, as principal, as the
case may be, made through the agency of the Carrier, who
acts as agent only and shall be under no liability
whatsoever in respect thereof.
 
6. (Period of Responsibility) (1) The Carrier shall in
no event be liable for any loss of or damage to or in
connection with the Goods, whether caused by the
Carrier's negligence or not, occurring before loading on
board and/or after discharge from the Vessel, whether
the Goods are awaiting shipment, landed or stored or put
into craft, barge, lighter or otherwise whether
belonging to the Carrier or not, or pending
transshipment at any stage of the Carriage.
(2) In case loading and/or discharge are effected by the
Merchant at his expense (in which case the terms "FI",
"FO" or "FIO" are shown in this Bill of Lading as the
case may be), the Carrier's responsibility shall,
notwithstanding the preceding paragraph, commence when
loading has been completed and/ or cease when discharge
has begun respectively, and shall be exonerated from any
loss of or damage to or in connection with the Goods
occurring during such loading and/or discharge, even if
such loading and/or discharge are done with the
assistance and/or advice of the Master/Vessel's
officers/crew, who in such cases, are deemed to be an
agent(s) or employee(s) of the Merchant.
 
7. (Sub-Contracting and Indemnity) (1) The Carrier shall
be entitled to sub-contract the Carriage on any terms
whatsoever, including liberty to further sub-contract.
(2) The Merchant undertakes that no claim or allegation
shall be made against any Person whomsoever by whom the
Carriage is performed or undertaken (including all
Sub-Contractors of the Carrier), other than the Carrier,
which imposes or attempts to impose upon any such
Person, or any vessel owned by any such Person, any
liability whatsoever in connection with the Goods or the
Carriage, whether or not arising out of negligence on
the part of such Person 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 Person shall have
the benefit of every right, defense, limitation and
liberty of whatsoever nature herein contained or
otherwise available to the Carrier as if such provisions
were expressly for his benefit; and in entering into
this contract, the Carrier, to the extent of these
provisions, does so not only on his own behalf but also
as agent and trustee for such Persons.
(3) The provisions of Article 7.(2), including but not
limited to the undertakings of the Merchant contained
therein, shall extend to claims or allegations of
whatsoever nature against other Persons chartering space
on the carrying vessel.
(4) The Merchant further undertakes that no claim or
allegation in respect of the Goods shall be made against
the Carrier by any Person other than in accordance with
the terms and conditions of this Bill of Lading which
imposes or attempts to impose upon the Carrier any
liability whatsoever in connection with the Goods or the
Carriage, whether or not arising out of negligence on
the part of the Carrier and, if any such claim or
allegation should nevertheless be made, to indemnify the
Carrier against all consequences thereof.
 
8. (Scope of Contractual Carriage) (1) The Carrier shall
have liberty to carry the Goods as a single shipment or
as several shipments by the Vessel and/or any other
means of transport including by land and air, whether
owned or operated by the Carrier or not, by any route
whatsoever, whether or not such route is direct,
advertised or customary.
(2) The Vessel shall have liberty to call and/or stay at
any port or place in or out of the direct, advertised or
customary route, once or more often and in any order
backwards or forwards, and/or to omit calling at any
port or place whether scheduled or not.
(3) The Vessel shall have liberty to, either with or
without the Goods on board, and before or after
proceeding towards the port of discharge, adjust
compasses and other navigational instruments, make trial
trips or tests, dry-dock, go to repair yards, shift
berths, take in fuel or stores, embark or disembark any
Person, carry contraband, explosives, munitions, warlike
stores and hazardous cargo, sail with or without pilots,
tow or be towed, and save or attempt to save life or
property.
(4) Any action taken by the Carrier under this Article
shall be deemed to be included within the scope of the
contractual carriage and such action or delay resulting
therefrom shall not be deemed to be a deviation. Should
the Carrier be held responsible in respect of such
action, the Carrier shall be entitled to the full
benefit of all privileges, rights and immunities
contained herein.
 
 
9. (Liberties) (1) In any situation whatsoever, whether
or not existing or anticipated before commencement of or
during the Carriage, which in the judgement of the
Carrier, (i) has given or is likely to give rise to
danger, injury, loss, delay, risk of capture, seizure or
detention, or disadvantage of whatsoever nature to the
Vessel, the Carrier, the Goods, any Person or any
property, or (ii) has rendered or is likely to render it
in any way unsafe, impracticable or unlawful or against
the interest of the Carrier or the Merchant to commence
or continue the Carriage or to discharge the Goods at
the port of discharge by the route or in the manner
originally intended by the Carrier, the Carrier (a)
before the Goods are loaded on board the Vessel, may
cancel the contract of the Carriage without compensation
and to require the Merchant to take delivery of them and
upon his failure to do so, to warehouse or place them
anywhere at the risk and expense of the Merchant; and/or
(b) if the Goods have been loaded on board the Vessel
whether or not approaching, entering or attempting to
approach, enter the port of discharge or attempting or
commencing to discharge, may discharge the Goods or any
part thereof at any port or place selected by the
Carrier or to carry them back to the port of loading and
there discharge them; and/or (c) at any time, may
dispose of the Goods in such way as the Carrier may deem
advisable at the risk and expense of the Merchant. Any
action under (b) above shall constitute complete and
final delivery and full performance of this contract,
and the Carrier shall thereafter be freed from any
obligation hereunder.
(2) If, after any action under the preceding paragraph,
the Carrier makes any arrangements to store and/or
transship and/or forward the Goods, it is agreed that
the Carrier does so as agent only for, and at the sole
risk and expense of, the Merchant without any liability
whatsoever in respect of such agency. The Merchant shall
reimburse the Carrier forthwith upon demand all extra
freight, charges and expenses incurred thereby.
(3) The situations referred to in the paragraph (1)
above shall include, but shall not be 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; closure of, obstacle in or danger to any
canal; blockade of port or place or interdict or
prohibition of or restriction on commerce or trading;
quarantine, sanitary or other similar regulation or
restrictions; strikes, lockouts or other labour troubles
whether partial or general and whether or not involving
employees of the Carrier or his Sub Contractors;
congestion of port, wharf, quay or any other place;
shortage, absence or obstacles of labour or facilities
for loading, discharge, delivery or other handling of
the Goods; epidemics or diseases; bad weather, shallow
water, ice or other obstacles in navigation.
(4) In case the Goods or their condition bring about,
during the Carriage, any danger or risk which renders
it, in the judgment of the Master, unsuitable or unsafe
for the Vessel to continue the navigation, due to any
cause or reason for which the Carrier is not
responsible, the Carrier may take any action as provided
for in the paragraphs (1) and (2) above, with the same
effect as provided for in the last sentence of the
paragraph (1) above.
(5) The Carrier, in addition to all other liberties
provided for in this Article, shall have liberty to
comply with orders, directions, regulations,
recommendations or suggestions as to departure, arrival,
route, ports of call, stoppage, loading, discharge,
handling, destination, delivery, quarantine or
otherwise, howsoever given by any government, public
authorities or department thereof or any person acting
or purporting to act with authority of such government,
public authorities or department thereof or by any
committee or Person having, under the terms of any
insurance on the Vessel, the right to give such orders,
directions, regulations, recommendations or suggestions.
If by reason of and/or in compliance with any such
orders, directions, regulations, recommendations or
suggestions anything is done or is not done, the same
shall be deemed to be included within the contractual
carriage and shall not be deemed to be a deviation.
 
10. (Unknown Clause) (1) Any reference on the face
hereof to marks, numbers, description, 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 warrants 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 out of
or resulting from inaccuracy thereof.
(2) If the cargo received by the Carrier is packed into
container(s), loaded on pallet(s) or unitized into
similar article(s) of transport by or on behalf of the
Merchant, this Bill of Lading is prima facie evidence of
the shipment only of the number of such article(s) as
shown on the face hereof; and the order and condition of
the contents and any other reference to marks, numbers,
number and kind of packages or pieces, description, 
quality, quantity, gauge, weight, measure, nature, kind
and value are unknown to the Carrier. The Carrier shall
accept no responsibility therefore.
 
11. (Deck Cargo, Live Animals) (1) The Goods stowed in
poop, forecastle, deckhouse, shelter deck, passenger
space or any other covered space shall be deemed to be
stowed under deck for all purposes including general
average.
(2) The Carrier has the right to carry the Goods in
container(s) under deck or on deck.  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 Rules Legislation as
provided for in Article 2 hereof, and shall be deemed to
be carried under deck for all purposes including general
average.
(3) The Goods carried on deck and herein stated to be so
carried and live animals, birds, reptiles and fish are
accepted solely at the risk of the Merchant and the
Carrier shall not be liable for any loss, damage,
disease or mortality thereof, whether or not caused by
the act or negligence of the Carrier or by the
unseaworthiness of the Vessel.
 
12. (Dangerous Goods, Contraband) (1) 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
nature, name, label and classification of the Goods as
well as the method of rendering them innocuous, with the
full names and addresses of the shipper and the
consignee.
(2) 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 Goods or package(s) and shall also
undertake to submit the documents or certificates
required by any applicable statutes or regulations or by
the Carrier.
(3) Whenever the Goods are discovered to have been
shipped without complying with the paragraph (1) or (2)
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 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 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 shipment.
(4) 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
shipped in compliance with the paragraph (1) and (2)
above become dangerous to the Carrier, Vessel, cargo,
Persons and/or other property.
(5) The Carrier has the right to inspect the contents of
the Goods or package(s) at any time and anywhere without
the Merchant's agreement but only at the risk and
expense of the Merchant.
 
13. (Special Goods) (1) Special Stowage: The Goods shall
not be carried in the refrigerated, ventilated,
insulated, heated or any other special compartments but
shall be carried in the ordinary compartments, unless
(i) special arrangements for such stowage have been
agreed upon in writing prior to shipment between the
Carrier and the Merchant, (ii) such special arrangements
are noted on the face of this Bill of Lading, and (iii)
special freight as required has been prepaid. The
Carrier shall not be liable for any loss of or damage to
or in connection with the Goods arising out of or
resulting from such stowage in the ordinary
compartments.
(2) Valuable Goods: The Carrier shall not be liable to
any extent for any loss of or damage to or in connection
with platinum, gold, silver, jewelry, precious stones,
precious metals, radioisotopes, precious chemicals,
bullion, specie, currency, negotiable instruments,
securities, writings, 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 have been
declared in writing by the Merchant before shipment of
the Goods, and the same is inserted in this Bill of
Lading and the additional charges as required have been
prepaid in addition to freight.
(3) Iron and Steel: The iron, steel and metal goods
which are at the time of shipment in the ordinary
external condition as to rust, corrosion, oxidation,
moisture, scratch, dent or bend are admitted as being in
apparent good order and condition by the Carrier and the
Merchant, and the terms "apparent good order and
condition" on the face hereof does not mean any
admission by the Carrier as to the absence of such
ordinary rust, corrosion, oxidation, moisture, scratch,
dent or bend. In case of iron and steel, angles, bars,
channels, etc. shipped loose or in bundles, the Carrier
shall not be responsible for correct delivery, and all
expenses incurred at the port of discharge consequent
upon insufficient securing or marking shall be paid by
the Merchant unless;(a) every piece is distinctly and
permanently marked with oil paint; (b) every bundle is
securely fastened, distinctly and permanently marked
with oil paint and metal tagged, so that each piece or
bundle can be distinguished at the port of discharge.
(4) Cotton: As the Carrier has no reasonable means of
checking the marks upon the   cotton at the time of
shipment, any reference to the marks on the face hereof
is made  at the Merchant's request only for the
Merchant's convenience and the Carrier shall  not be
liable for the inaccuracy thereof. The Merchant shall
undertake to take  delivery of the cotton actually
loaded at the port of loading and shall not refuse to do
 so merely because of discrepancy of the marks between
those stated on the face  hereof and those shown upon
the cotton.
(5) Lumber and Timber: the lumber, timber and products
thereof which are at the time of shipment in the
ordinary external condition as to chafage, breakage,
hook holes, split, broken pieces, stain, warps, shakes
and/or declaration are admitted as being in apparent
good order and condition by the Carrier and the
Merchant, and the term "apparent good order and
condition" on the face hereof does not mean any
admission by the Carrier as to the absence of such
ordinary chafage, breakage, hook holes, split, broken
pieces, stain, warps, shakes and/or declaration.
(6) Bulk Cargo: The quantity or weight of the Goods
shown on the face hereof is ascertained by a party other
than the Merchant and the Carrier, who have no
reasonable means of checking the accuracy thereof, and
agreed to be stated herein only for the Merchant's
convenience, without constituting any evidence against
the Carrier.
 
14. (Heavy Lift) (1) The weight of a single piece or
package exceeding 2,240 lbs. 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 figures not less
than two inches high.
(2) In case of the Merchant's failure in his obligations
under the preceding paragraph, the Carrier shall not
accept the Goods, and if he accepts, 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, damage or liability
suffered or incurred by the Carrier as a result of such
failure.
 
15. (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, or package(s)
by the Merchant before shipment in letters and numbers
not less than 2 inches high, together with the names of
the port of discharge and/or destination.
(2) In no circumstances shall the Carrier be responsible
for delivery in accordance with other than leading
marks.
(3) The Merchant warrants the Carrier that the marks on
the Goods or package(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 and/or destination, and shall indemnify the
Carrier against all loss, damage, expenses, penalties
and fines arising out of or resulting from incorrectness
or incompleteness thereof.
(4) Goods which cannot be identified as to 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 goods 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.
 
16. (Loading, Discharge and Delivery) (1) Loading and
discharge shall be effected by the Carrier at his
expense unless otherwise specifically shown herein.
However, any expense, costs, dues and other charges
which incur before loading and after discharge of the
Goods shall be borne by the Merchant.
(2) Notwithstanding any custom of the port to the
contrary, the Goods may be discharged as soon as the
Vessel is ready to discharge, without notice,
continuously day and night, Sundays and holidays
included, regardless of weather, onto wharf or quay or
into warehouse, or into lighter, hulk, lazaretto, craft
or on any other place and may be stored there.
(3) At any port the Carrier is authorized by the
Merchant to entrust masterporterage (receiving,
watching, weighing, delivering, lighterage, cartage,
custody) and any other services to any firm,
corporation, Person, whether owned by, subsidiary to,
associated or affiliated with or employed by the Carrier
or not, or to custom or public authorities or department
thereof, and who are deemed to act solely as agent of
the Merchant.
(4) Optional delivery shall be granted only when
arranged prior to the time of shipment the Goods and so
expressly noted herein. The Merchant desiring to avail
himself of the option so expressed must give notice in
writing to the Carrier at the first port of call of the
Vessel named in the option at least 48 hours prior to
the Vessel's arrival there, otherwise the Goods shall be
discharged at any of the optional ports at the Carrier's
option and the Carrier's responsibility shall then
cease.
(5) Notwithstanding any Article to the contrary, the
Carrier does not undertake that the Goods shall arrive
at the port of discharge or destination at any
particular time, or in time to meet any particular
market or use and the Carrier shall not be responsible
for any direct or indirect loss or damage which is
caused through delay.
 
17. (Transshipment and Forwarding) (1)(i) In case of
through carriage under this Bill of Lading, the Merchant
constitutes the Carrier his agents to enter into
contract with others for the pre-carriage and/or
on-carriage of the Goods and/or for the storing,
lightering, transshipment or other dealing therewith,
prior to, or in the course of, or subsequent to the
Carriage in the Carrier's Vessel without any liability
attaching to him in respect of such agency. (ii) The
responsibility of each carrier acting as such is limited
to that part of the transport actually undertaken by
him, and the Carrier shall not be under any liability
for damage and/or loss arising from whatsoever cause
during any other part of the transport, even though the
freight for the whole transport has been collected by
the Carrier.
(2) Any statement of the port or place, whether littoral
or inland, in the column "Final Destination" on the face
hereof is solely for the purpose of the Merchant's
reference, and in case the columns "(Local Vessel)" and
"(From)" on the face hereof are filled up and this Bill
of Lading is issued at a place other than the port of
loading onto the Vessel, any statement herein as to the
shipment of the Goods shall be construed to relate only
to the time when and place where the Goods were loaded
on board the local vessel. The Carrier's liability, in
those events, shall be determined in accordance with
paragraph (1) of this Article.
(3) The Carrier shall be at liberty, whether or not
arranged beforehand or indicated on the face hereof,  to
transship the whole or any part of the Goods,  with or
without notice, at any port or place for any purpose
whatsoever, or to forward the same by any means of
transport by water, land or air, whether owned or
operated by the Carrier or not. The Carrier's liability
shall, in this event, cease when the Goods leave the
Vessel's tackle.
 
18. (Over-carriage)
In case the Goods or any part thereof can not be found
during the Vessel's stay at the port of discharge, the
Goods are, when found, to be forwarded to their
destination at the Carrier's expense but free of
liability for any loss, depreciation or damage arising
from over carriage or return carriage.
 
 
19. (Lien and Unclaimed Goods) (1) The Carrier shall
have a lien on the Goods, which shall survive delivery,
for all freight, dead freight, demurrage, storage, 
general average, salvage, 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 other contracts of carriage
with the Merchant whatsoever, whether they may be
relevant to this Bill of Lading or not, 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.
(2) If the Goods are unclaimed during a reasonable time,
or whenever in the Carrier's judgement the Goods will
become deteriorated, decayed or worthless, the Carrier
may, at his discretion and without any responsibility
attaching to him, sell, abandon or otherwise dispose of
the Goods solely at the risk and expense of the
Merchant.
 
20. (Notice of Claim and Time for Suit) (1) Unless
notice of loss or damage and the general nature of such
loss or damage be given in writing to the Carrier at the
port of discharge before or at the time of delivery of
the Goods or, if the loss or damage be not apparent,
within 3 days after delivery, the Goods shall be deemed
to have been delivered as described in this Bill of
Lading.
(2) In any event the Carrier shall be discharged from
all liability whatsoever in respect of the Goods unless
suit is brought within one year after delivery of the
Goods or the date when the Goods should have been
delivered.
 
21. (Defenses and Limits for the Carrier)
The defenses and limits of liability provided for in
this Bill of Lading shall apply in any action against
the Carrier for all liability whatsoever in respect of
the Goods whether the action be founded in contract, in
tort or otherwise.
 
 
22. (Limitation of Liability) (1) When the Carrier is
liable for compensation in respect of any loss of or
damage to the Goods, such compensation shall be
calculated by reference to the value of the Goods at the
place and time they are discharged from the Vessel, or
at the place and time they should have been discharged.
For the purpose of determining the extent of the
Carrier's liability for loss of or damage to the Goods,
the value of the Goods is presumed to be the invoice
value plus freight and insurance premium, if paid. In no
event shall the Carrier be liable for any loss of profit
or any consequential loss.
(2) (i) Notwithstanding the preceding paragraph, the
Carrier shall not be liable for loss or damage in an
amount exceeding 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,
or in case of the Goods not shipped in packages, per
customary freight unit, unless the value of the Goods
higher than this amount has been declared in writing by
the Merchant before shipment of the Goods and inserted
in this Bill of Lading together with nature thereof and
the additional charges as required have been prepaid in
addition to freight. This declaration, if embodied in
the Bill of Lading, shall be prima facie evidence, but
shall not be conclusive on the Carrier. The Unit of
Account mentioned in the preceding paragraph is the
Special Drawing Right(SDR) as defined by the
International Monetary Fund. Notwithstanding anything
else contained herein, if this Bill of Lading covers the
Goods moving to or from the U.S.A. (including its
districts, territories or possessions), and if the
following is not invalid or unenforceable under the
local law of the jurisdiction in which legal proceedings
are brought, then the amount of the foregoing limitation
shall instead be U.S.$500 per package or customary
freight unit. If the actual value of the Goods per
package or unit exceeds such declared value, the value
the Carrier may be liable for shall nevertheless be
deemed to be the declared value and the Carrier's
liability, if any, shall not exceed the declared value.
Any partial loss or damage shall be adjusted pro rata on
the basis of such declared value. In case the declared
value is markedly higher than the actual value,  the
Carrier shall in no event be liable to pay any
compensation. (ii) Where the cargo has been packed into
container(s) or unitized into similar article(s) of
transport by or on behalf of the Merchant, and when the
number of packages or units packed into container (s) or
unitized into similar article(s) of transport is not
enumerated on the face hereof, each container or similar
article including the entire contents thereof shall be
considered as one package for the purpose of the
application of the limitation of liability provided for
herein.
 
23. (Freight and Charges) (1) Freight may be calculated
on the basis of the particulars of the Goods furnished
by the Merchant who shall be deemed to have guaranteed
the Carrier the accuracy of the contents, weight,
measure or value as furnished by him, at the time of
shipment, but the Carrier may, for the purpose of
ascertaining the actual particulars, at any time, open
the package(s), container(s), pallet(s) and/or other
similar article(s) of transport 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 or value of
the Goods, the Merchant shall be liable for and bound to
pay to the Carrier, (a) the balance of freight between
the freight charged and that which would have been due,
had the correct details been given, plus (b) as and by
way of liquidated and ascertained damages, a sum equal
to the correct freight.
(2) Full freight to the port of discharge and/or
destination named herein shall be considered as
completely earned on shipment of the Goods, whether the
freight be stated or intended to be prepaid or to be
collected at the port of discharge,  destination or any
other place. 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 Carriage. Full freight shall be paid on
damaged or unsound Goods.
(3) 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, destination or any other place, 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 custom at the place
of payment.
(4) Goods once shipped 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, damage or expense 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.
(5) The Merchant shall be liable for, and indemnify the
Carrier against all dues, duties, taxes and charges
including consular fees levied on the Goods, or all
fines and/or loss sustained or incurred by the Carrier
in connection with the Goods howsoever caused, including
the Merchant's failure to comply with laws and
regulations of any government or public authorities in
connection with the Goods or to procure consular, Board
of Health or other certificate to accompany the Goods. 
The Merchant shall be liable for return freight and
charges on the Goods refused exportation or importation
by any government or public authorities. If the Carrier
is of the opinion that the Goods stand in need of
sorting, inspecting, mending or repairing or
reconditioning or otherwise require protecting or caring
for, the Carrier may carry out such work at the cost and
expense of the Merchant. The Merchant authorizes the
Carrier to pay and/or incur all such charges and
expenses and to do any matters mentioned above at the
expense of and as agent for the Merchant and to engage
other Persons to regain or seek to regain possession of
the Goods and do all things deemed advisable for the
benefit of the Goods.
(6) The shipper, consignor, consignee, owner or receiver
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.
 
 
24. (General Average, New Jason Clause) (1) General
average shall be adjusted, stated and settled at Tokyo
or any other port or place at the Carrier's option
according to the York Antwerp Rules, 1994 or any
amendment, revision or replacement of these Rules, and
as to matters not provided for by these Rules, according
to the laws and usages of the port or place of
adjustment, and in the currency selected by the Carrier.
The general average statement shall be prepared by the
adjusters appointed by the Carrier. Average agreement or
bond and such cash deposit as the Carrier may deem
sufficient to cover the estimated contribution of the
Goods and any salvage and special charges thereon and
any other additional securities as the Carrier may
require shall be furnished by the Merchant to the
Carrier before delivery of the Goods.
(2) The New Jason Clause as published by the Baltic and
International Maritime Council is hereby incorporated
into this Bill of Lading.
 
25. (Both to Blame Collision Clause)
The Both to Blame Collision Clause as published by the
Baltic and International Maritime Council is hereby
incorporated into this Bill of Lading.
 
(Local Clause) (1) Goods to or from U. S. A. : In case
this Bill of Lading covers the Goods moving to or from
the U. S. A. and if it is adjudged that the Carriage of
Goods by Sea Act,1936 of the U. S. A. governs this Bill
of Lading, (i) the provisions of the Carriage of Goods
by Sea Act,1936 of the U. S. A. shall govern before the
Goods are loaded on and after they are discharged from
the Vessel and throughout the entire time the Goods are
in the custody of the Carrier, notwithstanding Article 6
(1), and (ii) Article 11 (2) hereof shall be replaced by
the following terms; "With respect to live animals,
birds, reptiles and fish and the Goods carried on deck
and stated herein to be so carried, all risks of loss or
damage by perils inherent in or incidental to such
carriage shall be borne by the Merchant, but in all
other respects in connection with the custody and
carriage of such Goods, the Carrier shall have the
benefit of the provisions of the Carriage of Goods by
Sea Act, 1936 of the U. S. A., notwithstanding Section 1
(c) thereof, and of all the terms and conditions of this
Bill of Lading except those inconsistent with the
provisions of this Article".
(2) Goods for Holland, Belgium, Germany: Weighing on
board during discharge is only allowed by permission of
the Carrier. If permission be given all additional
expenses incurred by the Vessel in consequence of such
weighing on board and whether in respect of extra
stevedoring charges or otherwise shall be for account of
the Merchant, notwithstanding any custom to the
contrary. Permission may be withdrawn by the Carrier at
any time during discharge without prejudice to the
Carrier's right to recover additional expenses already
incurred.
(3) Goods to and from Amsterdam: The Goods to and from
Amsterdam to be transshipped at Rotterdam at the expense
of the Carrier, but at the risk of the  Merchant.
(4) Goods for Algier and Casablanca: Taxe de P age to be
paid by consignees.

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