RULE: 8 - BILL(S) OF LADING Eff: 17NOV2023

Effective 17NOV2023
Filed 27OCT2023
Filing Codes I

All property to be transported shall be held, carried
and delivered subject to the provisions of the Carrier's
applicable form of Bill of Lading, as provided below:
 
RECEIVED in apparent good order and condition from the
Shipper, or Shipper's agent, the number of containers or
other packages or units said by Shipper to contain the
goods described in the "Particulars Furnished by Shipper"
to be transported from the Port of Loading to the Port of
Discharge, or so near thereto as the carrying vessel, or
other craft used can get, lie and leave always in safety 
and afloat under all conditions of tide, water and
weather, and there to be delivered to Consignee or
On-Carrier on payment of all charges due thereon.
Carrier makes no representation as to the correctness 
of the particulars furnished by the Shipper.
 
In accepting this Bill of Lading, the Shipper, Consignee,
holder hereof and the owners of the goods agree, the
same as if signed by each of them, that the receipt,
custody, carriage, relay, delivery and any moving
of the goods are subject to the terms appearing on the
face and back hereof, which shall govern the relations,
whatsoever they may be between Shipper, Consignee, the
owners of the goods and any holder hereof and Carrier,
its agents, contractors, employees, master and vessel
in every contingency occurring and whether Carrier be
acting as such or bailee Carrier shall have the right
to stow containers, vans or trailers on deck and without
notice as per Clause 9.  The terms hereof shall not be
deemed waived by Carrier except by written waiver
signed by Carrier or its duly authorized agent.
 
Where specifically provided in Carrier's tariff
insurance coverage will be issued of the type and for
the value specified on the face of the Bill of Lading
up to the maximum coverage in effect at that time.  The
terms of the insurance will be subject to the governing
tariff and Carrier's applicable insurance policies,
which are available for inspection at Carrier's general
offices.  Failure to indicate the type of coverage and/or
to declare the value of the goods on the face of the Bill
of Lading will result in no insurance coverage, unless
the insurance provisions of the governing Tariff apply by
their own terms.
 
1.  CLAUSE PARAMOUNT.  This Bill of Lading shall have 
effect subject to the provisions of the Carriage of Goods
by Sea Act of the United States of America approved April
16, 1936, except as otherwise provided herein.  The 
defenses and limitations of said Act shall apply to goods
whether carried on or under deck to carriage of goods
between U.S. Ports or between Non-U.S. Ports, before the
goods are loaded on and after they are discharged from
vessel, and throughout the entire time the goods are in
the actual custody of Carrier, whether acting as Carrier,
bailee or stevedore.
 
If this Bill of Lading is issued in or the goods are
delivered to a locality where there is in force a com-
pulsorily applicable Carriage of Goods by Sea Act
ordinance or statute similar to the International Con-
vention for the Unification of Certain Rules relating to
Bills of Lading dated at Brussels, August 25, 1924, then
it is subject to such Act, ordinance or statute before
the goods are loaded on and after they are discharged
from the vessel and throughout the entire time the goods
in the actual custody of Carrier, whether acting as
Carrier, bailee or stevedore.
 
Carrier shall be entitled to the full benefit of all
rights and immunity under and all limitations of or
exemptions from liability contained in any law of the
United States or any other place whose law shall be
compulsorily applicable.  If any term of this Bill
of Lading be repugnant to the Carrier of Goods by
Sea Act of the United States or any other law
compulsorily applicable, such term only shall be void
to that extent but no further.
 
This Bill of Lading shall be construed and the right of
the parties hereunder determined according to the laws
of the United States.
 
2.  PARTIES COVERED.  If the vessel or other craft in
use is not owned by or chartered by demise to Carrier
this Bill of Lading shall take effect for purposes of
limitation or liability only, as a contract with the
owner or demise charterer, as the case may be.  If it
shall be adjudged that any person other than the owner
or demise charterer (including the master, time charterer
agents, stevedores, lashers, watchmen and other inde-
pendent contractors) is the Carrier or bailee of the
goods, or is otherwise liable in contract or in tort,
all rights, exemptions and limitations of liability
provided by law and by the terms of this Bill of Lading
shall be available to such other persons.  In contracting
for the foregoing rights, exemptions and limitations of
liability Carrier is acting as agent and trustee for
the persons above mentioned.  Particulars of the owner-
ship of the vessel or other craft used may be obtained
from Carrier or its agents.
 
3.  SCOPE OF VOYAGE.  The voyage herein contracted for
shall include ports in or out of the advertised, 
geographical, usual or ordinary route or order.  The
vessel may omit calling at any port or ports whether
scheduled or not, and may call at the same port more
than once, may before or after proceeding toward the 
Port of Discharge, make trial trips or tests, take
fuel or stores at any port in or out of the regular
course of the voyage, sail with or without pilots,
tow and be towed, and save or attempt to save life,
vessels in distress or other property and all of the
foregoing are included in the contract voyage.
 
Carrier shall have the right, without notice to sub-
stitute or employ a vessel, watercraft, or other means
rather than the vessel named herein to perform all or
part of the carriage.  When the Port of Destination or
Discharge is not served by Carrier's vessels, Carrier
may at any intermediate port, Break Bulk of cargo
shipped in containers.  It is hereby understood and
agreed that any transfer, movement or substitution
of vessels shall not constitute a deviation.
 
4.  RISK AND LIBERTIES.  In any situation which in the
judgement of Carrier or the master is likely to give 
rise to risk of seizure, arrest, detention, damage,
delay to, or loss of any goods or the vessel, or to
make it imprudent for any other reason to receive,
keep or load the goods or continue the voyage, or
discharge the goods, Carrier or the master shall have
the right (a) to decline to receive, keep or load the
goods or to discharge or devan them at any convenient
port or place and to require the Shipper or person 
entitled thereto to take delivery and if he fails to
do so, to store them at the risk and expense of the 
goods, or (b) to discharge or devan the goods into any
lighter, craft, depot or other place, or (c) to retain
the goods on board until the return trip or until such
time as Carrier or the master deems advisable or (d) to
substitute another vessel or to move or forward the
goods, or any part thereof, by any means, but always at
the risk and expense of the goods.  Any disposition of
the goods pursuant to this clause shall constitute com-
plete performance of this contract by Carrier who shall
be free of further responsibility.  For any and all ser-
vice rendered as herein provided, Carrier shall be
entitled to reasonable extra compensation and shall have
a lien on the goods.
 
Goods shut out or not loaded on a vessel for any reason
can be forwarded on a subsequent vessel or by feeder-
ships, lighters, aircraft, trucks, trains or other means
in addition to the ocean vessel or its substitute to
accomplish the carriage herein.
 
5.  GOVERNMENTAL ORDERS.  Carrier or the master shall
have liberty to comply with any orders, directions,
regulations, requests or suggestions given by or 
received from the government of any nation or by any
person purporting to act with the authority of such
government.  Any disposition of the goods pursuant to
this clause shall constitute completion of the contract
of carriage by Carrier, and the goods thereafter shall be
solely at their own risk and expense.
 
6.  PACKING OF CONTAINERS-SHIPPER'S GUARANTY-INDEMNITY.
Carrier shall not be responsible for the safe and proper
stowing of cargo in containers if such containers are
packed by the Shipper or Shipper's agent and no respon-
sibility shall attach to Carrier for any loss or damage
caused to contents by shifting, overloading, or failure
to label or properly chock, lash or pack the goods in the
container or within their individual packages.  The 
Shipper or Shipper's agent shall properly seal containers
loaded by them.  The Shipper or its agent, shall care-
fully inspect and clean containers, if necessary, before
packing them.  Acceptance and packing of the containers
shall be prima facie evidence that the containers were
sound, clean and suitable for use and shall relieve
Carrier of responsiblity for any damage to goods carried
resulting from the condition of the container used.
"Containers" as used herein include all types of con-
tainers for dry, liquid, and perishable cargo, as well
as vans and trailers.
 
The Shipper, Consignee, holder thereof and owner of the
goods agree to be liable for and shall hold harmless and
indemnify Carrier for any injury, loss or damage, includ-
ing fines, penalties and reasonable attorney's fees
arising from the Shipper's failure to properly describe,
label, stow or secure the goods in containers or to clean
containers and also for damage or expense caused by the
goods to the containers, other property, or for injury
or death to persons.
 
7.  PERISHABLE GOODS.  Goods or foods of a perishable
nature will be carried in ordinary containers, vans or
trailers and without special protective services unless
there is noted on the face of the Bill of Lading that
such perishable goods will be carried in a refrigerated,
heated, specially ventilated or otherwise specially
equipped container, van or trailer in accordance with
protective services and charges offered in Carrier's
tariff.
 
The Shipper, Consignee, holder thereof and owner of the
goods agree to be responsible for the operation of temp-
erature controlled equipment, including maintenance and
repair during all times before containers, vans or
trailers are delivered to Carrier at the Port of Loading
and after delivery by Carrier at the Port of Discharge.
 
When a loaded container, van or trailer is received,  
Carrier will set the thermostatic controls to maintain
air temperature in the container to within a range of 
plus or minus 5 Degrees Fahrenheit of the temperature 
requested by the Shipper on the face hereof.
 
8.  LIVE ANIMALS.  Live Animals, Birds, and Fish are
received, kept and carried solely at Shipper's risk of
accident, disease or mortality and without warranty or
undertaking whatsoever by Carrier.
 
9.  STOWAGE ON DECK.  Goods stowed in any covered-in-
space or loaded in a container, van or trailer carried
on deck shall be deemed to be stowed under deck for all
purposes, including General Average and the Carriage of
Goods by Sea Act, the Hague Rules or other compulsorily
applicable legislation.
 
10. RESERVED.  
 
11.  DELIVERY AND STORAGE.  Except at ports where Carrier
delivers goods directly to the Consignee, delivery shall
take place and Carrier shall have no further responsi-
bility when the goods are landed upon a safe dock,
lighter or other craft and custody is taken by port or
government authorities, terminal operator or lighterman.
At ports where Carrier delivers goods to Consignee if
the Consignee does not take delivery as soon as the 
goods are ready, the goods shall thereafter be at their
own risk and expense.  Carrier shall have the right
but not the duty to store containers in the open before
loading or after discharge.
 
12.  EXPENSES, FINES.  The Shipper and Consignee shall
be liable for, and shall indemnify Carrier and vessel and
hold them harmless against and Carrier shall have a lien
on the goods for all expenses and charges of mending,
coopering, repairing, fumigating, devanning, restowing,
storing or reconditioning, and all expenses incurred for
the benefit or protection of the goods, also for any
payment, duty, fine or other expenses, including but not
limited to court costs, expenses, and other reasonable
attorney's fees incurred or levied upon Carrier or the
vessel in connection with the goods because of Shipper's
failure to comply with any laws or regulations.
 
13.  FREIGHT, LIENS, QUANTITY.  Freight shall be payable
at Carrier's option on gross weight, measurement ton, or
on value as set forth in Carrier's tariff.  Carrier shall
have the right, but not the duty, to open packages or
containers and, if Shipper's particulars are found to be
erroneous, the Shipper, Consignee and the goods shall be
liable for the correct freight charge and any expenses
incurred in examining, weighing, measuring or valuing
the goods.
 
Full freight to the Port of Discharge named on the face
of this document and all Advance Charges against the
goods shall be considered completely earned on receipt
of the goods by Carrier, even though the vessel or goods
are damaged or lost or the voyage is frustrated or
abandoned.
 
All sums payable to Carrier are due when incurred and
shall be paid in full in United States Currency or at
Carrier's option, in its equivalent in the currency of
the Port of Loading or the Ports of Discharge, or as
specified in tariffs or conference agreements.
 
The Shipper, Consignee, holder hereof, and owners of
the goods shall be jointly and severally liable to
Carrier for the payment of all freight, demurrage,
General Average and other charges, including but not
limited to court costs, expenses and reasonable
attorneys fees incurred in collecting sums due
Carrier.  Payment of ocean freight and charges to a
Freight Forwarder, Broker or anyone other than Carrier
or its authorized agent, shall not be deemed payment
to the Carrier and shall be made at payors sole risk.
 
Carrier shall have a lien on the goods which shall
survive delivery for all charges due and may without
notice, enforce this lien by public or private sale
of the goods and other property belonging to the
Shipper, Consignee, holder hereof or owner of the
goods, which may be in Carrier's possession.
 
14.  BOTH TO BLAME COLLISIONS.  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, manner, pilot or of the
servants of Carrier in the navigation or in the
management of the vessel, the owners of the goods
carried hereunder will indemnify Carrier against all
loss or liability to the other or non-carrying ship
or her owners insofar as such loss or liability
represents loss of or damage to or any claim whatso-
ever 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 owner's as part of their claim against the
carrying vessel or Carrier.  The foregoing provi-
sions 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,
contact, stranding or other accident.
 
15.  GENERAL AVERAGE.  General Average shall be adjusted,
stated and settled according to York Antwerp Rules 1974,
except Rule XXII thereof at the place selected by 
Carrier, and as to matters not provided for by these
Rules, according to the laws and usage at the Port of
New York.  Average agreement or bond and such additional
security as may be required by Carrier must be furnished
before delivery of the goods.
 
In the event of accident, danger, damage, or disaster,
before or after commencement of the voyage resulting
from any cause whatsoever, whether due to negligence
or not, for which, or for the consequence of which,
Carrier is not responsible by statute, contract or
otherwise, the goods, the Shipper and the Consignee
shall contribute with 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 goods.  If a salvaging ship is owned or
operated by Carrier, salvage shall be paid for as
fully and in the same manner as if the salvaging 
ship belonged to strangers.  Cargo shall pay its con-
tribution to General Average even when such average is
the result of fault, neglect or error of the master,
pilot or crew.  The Shippers and Consignees expressly
renounce all codes, statutes, laws or regulations
which might otherwise apply.
 
16.  FIRE.  Carrier shall not be liable for any loss or
damage to goods occurring at any time, even though 
before loading on or after discharge from the vessel, by
reasons or by means of any fire whatsoever, unless such
fire shall be caused by the actual fault or privity of
Carrier.
 
17.  VALUATION.  In the event of loss, damage or delay to
or in connection with goods exceeding in actual value the
equivalent of $500 in lawful money of the United States,
per package, or in case of goods not shipped in packages,
per shipping unit the value of the goods shall be deemed
to be $500 per package or unit, unless the nature and
higher value of goods have been declared by the Shipper
herein and extra charges paid as provided in Carrier's
tariff.  However, Carrier's liability shall not exceed
the invoice value of the goods.  The word "package"
shall, in addition to its regular use, also include a
container used to ship either Household Goods, Freight,
All Kinds, or any other goods shipped under a Lump Sum
rate, a Liquid Tank or Dry Bulk Container, Van or Reefer
Trailer Cargo shipped on a skid, cradle, pallet or
unitized load, group or assemblage, and any container
used to ship goods which are not specifically described
in the Bill of Lading as goods shipped in packages.  When
the U.S. Carriage of Goods by Sea Act does not apply of
its own force, any compulsorily applicable limitation
lower than the $500 limitation shall apply in place of
the $500 limitation.
 
In no event shall the Carrier be liable for more than the
damage actually sustained by the Cargo.  Carrier shall
not be liable for any consequential or special damages,
and shall have the option of replacing and/or repairing
any damaged goods.
 
18.  NOTICE OF CLAIM-TIME FOR SUIT-JURISDICTION.  Unless
notice of loss or damage and the general nature of such
loss or damage be given in writing to the Carrier or
his agent at the Port of Discharge before or at the time
of the removal of the goods into the custody of the
person entitled to delivery thereof under the contract
of carriage, such removal shall be prima facie evidence
of the delivery by Carrier of the goods as described in
the Bill of Lading.  In the case of General Cargo which
is not perishable, if the loss or damage is not apparent,
notice must be given within twenty-four hours after the
loss or damgage becomes apparent, but must be given no
later than seventy-two hours after delivery.  In the
case of Perishable Goods, notice must in all cases be
given no later than twenty-four hours after delivery.
  
Carrier and the ship shall be discharged from all
liability in respect of loss or damage unless suit is
brought within one year after delivery of the goods or
the date when the goods should have been delivered.  
Suit shall not be deemed brought against Carrier or
vessel until jurisdiction shall have been obtained over
Carrier or the vessel or both by service of process
thereon.
 
19.  FINAL AGREEMENT.  All prior agreements, dock
receipts or freight engagements for the shipment of
the goods and all other arrangements are superseded by
this Bill of Lading and Freight Tariff Rules and Regu-
lations on file with the Federal Maritime Commission
and Interstate Commerce Commission in the case of
through transportation, which are incorporated herein
by reference and form part of this Bill of Lading as
set forth herein at length.  Copies of the Freight
Tariff Rules and Regulations are available upon
request.
 
20.  SHIPPER'S WARRANTIES.  The Shipper warrants that
he is the owner of and entitled to possession of the
goods or has the authority of the owner and all per-
sons entitled to possession of the goods to agree to
the terms hereof.
 
21.  THROUGH AND ON BOARD BILLS OF LADING.  When used in
or endorsed on this Bill of Lading, the words "ON BOARD"
shall mean on board the exporting vessel or on board
another mode of transportation operated by or on behalf
of the Originating Carrier and enroute to the Port of
Loading for loading aboard the Participating Carrier's
ship.
 
This Bill of Lading shall have effect while the con-
tainers, goods and packages are in the custody of the
vessel or Carrier, its agents, its servants and its
independent contractors.  In the case of through
transportation subject to this bill, the care, custody,
and carriage of the containers, goods and packages
during any period in which a Participating Carrier or
its contract or agent is in possession of the goods
shall be the sole responsibility of the Participating
Carrier and shall be subject to the terms and condi-
tions of the Bill of Lading or other transportation
contract of the Participating Carrier and to all
applicable government laws and regulations governing
the operations and liability of the Participating
Carrier, shall not be liable in any capacity whatsoever
for any delay, non-delivery or misdelivery or any
loss or damage occurring while the goods are not in
its actual custody.  If loss or damage occurs after
receipt of the goods as acknowledged by this Bill of
Lading, the liability therefore, if any, shall be that
of Carrier the extent caused by Carrier and shall be
that of a Participating Carrier to the extent caused by
such Participating Carrier.  Copies of Participating
Carrier's Bill of Lading Forms are available from such
Carrier or its agents on request.  At all times when
goods are in the care, custody or control of a Partici-
pating Land Carrier, such Carrier shall be entitled to
all rights, privileges, liens, limitations of and
exonerations from liability, optional or discretionary
rights, or rights of indemnity granted to any Carrier
hereunder to the full extent permitted to Participating
Carriers under any rules and regulations and laws 
relating to Carriers.
 
22.  CLAIMS.  Claims for physical loss of or damage to
the goods may be filed against Carrier which agrees to
process said claims to conclusion.  It is agreed that
in the event of payment of any such claims by Carrier
or its agent, it shall automatically be subrogated to
all the rights of the Shipper or Consignee against all
others, including Participating Carriers, on account of
such loss or damage.  Claims must be filed and suit
commenced within the time limits provided by law and the
terms of the Bill of Lading and tariff of the Carrier
which had, or is deemed in accordance with the paragraph
to have had, custody of the goods when the loss or damage
occurred.  When the loss or damage occurs during Carrier
custody or control but it cannot be established which
Carrier hereunder had custody or control of the goods at
the time of loss or damage, it shall be deemed, as
between the Shipper or Consignee and any Carrier here-
under, that the loss or damage occurred aboard the ship
while in custody or control of Carrier.

Table Of Contents


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