RULE: 8 - BILL(S) OF LADING Eff: 06SEP2002
| Effective | 06SEP2002 |
|---|---|
| Filed | 06SEP2002 |
| Filing Codes | I |
The descriptive words or titles preceding each numbered clause of this bill of lading are inserted for convenience and identification only and are not part of nor in any way the provisions of this bill of lading. Received from the shipper, the goods or packages said to contain goods herein mentioned, in apparent good order and condition, except as otherwise indicated herein, to be transported to the port of discharge named herein and/or such other port or place as authorized or permitted hereby, or so near thereunto as the ship 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. The receipt, custody, carriage, delivery and transshipping 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, carrier and ship in every contingency, wheresoever and whensoever occurring and whether the carrier be acting as such or as bailee, and also in the event of, or during deviation, or of conversion of the goods. The terms hereof shall not be deemed waived by the carrier except by written waiver, signed by a duly authorized agent of the carrier. 1. DEFINITIONS - In this bill of lading the words "ship" shall include any substituted vessel, and any vessel, craft or other means of conveyance whatsoever owned, chartered, operated or controlled and used by the carrier in the performance of this contract; "carrier" shall, except in the provision against waiver of the provisions hereof, include the ship as defined herein, her owner, operator and demise charterer, and also any time charterer or person to the extent bound by this bill of lading, whether acting as carrier or bailee; "shipper" shall include the person named as such in this bill of lading and the person for whose account the goods are shipped; "consignee" shall include this holder of this bill of lading properly endorsed, or the person who owns or is entitled to or receives delivery of the goods; "person" shall include an individual corporation, partnership and any other entity; "live animals" shall include birds, reptiles, fish and all animate things other than human beings; "charges" shall include freight and all expenses, costs, indemnities, damages and money obligations whatsoever payable by, or chargeable to, or for account of the goods, shipper or consignee or any of them, regardless of whether sustained, incurred or paid by the carrier in the first instance; "at the risk and expense of the goods" mean, in addition, at the risk and expense of the shipper and consignee; "loss or damage" shall include, in addition to physical loss of or damage to the goods, any loss or damage whatsoever sustained by the shipper or consignee in connection with the goods, including that by reason of delay, non-delivery, misdelivery, deviation or conversion; "tranship" and/or "forward" shall mean and refer to transportation by rail, water, land or air or by two or more of such means and whether operated by the carrier or others or whether under another flag; and "government" and "authorities" shall each include the United Nations and any similar international organization, and also persons having or purporting to exercise power, control or other functions of a governmental or military nature whether in the name of a sovereign state or of a political subdivision thereof, whether de jure or de facto. 2. 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, approved April 16, 1936, and which is deemed to be incorporated herein (except as otherwise specifically provided for herein) and nothing herein contained is to be deemed a surrender by the carrier of any of its rights, immunities, exemptions or liberties or an increase of any of its responsibilities or liabilities under the Act. If anything herein contained be invalide under said Act in so far as it applies as a matter of law it shall, to the extent of such invalidity but no further, be null and void. This bill of lading, if issued in a locality where there is in force a Carriage of Goods by Sea Act or ordinance or statue of a similar nature to the International Convention for the Unification of Certain Rules Relating to Bills of lading, dated at Brussels, august 1924, is subject to the provisions of such Act, ordinance or statute and rules thereto annexed. Prior to loading on and after discharge from the ship, the goods, while in the carrier's custody, shall be at the sole risk of the shipper, consignee or owner of the goods with respect to any loss or damage howsoever caused and even though due to negligence, except if liability for any such loss or damage is to be determined in a port or place where such stipulation against liability is invalid or unenforceable, then the provisions of said Carriage of Goods by Sea Act of the United States (except subdivisions 2 (i) and (g) of Section 4 thereof and except as otherwise specifically provided for herein) shall govern before the goods are loaded on and after they are discharged from the ship and throughout the entire time the goods are in the custody of the carrier and during such time the carrier shall not be liable in any capacity whatsoever for any loss or damage howsoever or wheresoever occurring other than in the management of the ship unless shown to be caused by the negligence of the carrier. Also prior to loading and after discharge, the carrier shall not be liable in any capacity whatsoever for any loss or damage, whenever or wherever occurring and not at any time with respect to goods or property covered by Clauses 12 and 13 hereof, arising or resulting from hostilities or from acts of sabotage or of malicious persons, or from strikes, lockouts, stoppages or restraints or lack of labor or labor troubles from whoatsoever cause, whether of employees of the carrier or others and whether partial or general, or whether existing or anticipated at the time of delivery of the goods to the carrier or at any other time. The carrier shall not be liable in any capacity whatsoever for any loss or damage to the goods while the goods are not in its actual custody. 3. RESERVATION OF CERTAIN RIGHTS - The carrier shall also be entitled to the full benefit of all rights and immunities and all limitations of, or exemptions from, liability contained in any law of the United States, including but not limited to those provided in or authorized by Sections 4281 to 4286, inclusive, and Section 4289 of the United States Revised Statutes and amendments thereto, or any other country or place whose laws shall be applicable. This bill of lading shall not be deemed to be or give rise to a personal contract of the carrier. Nothing in this bill of lading, expressed or implied, shall be deemed to waive or operate to deprive the carrier of or lessen the benefits of any such rights, immunities, limitations or exemptions. 4. BENEFICIARIES OF EXEMPTIONS, ETC. - (a) Because of the relationship between them and as the carrier requires persons and companies to perform or assist in performance of work or services undertaken by it in this contract, it is expressly agreed between the parties hereto that the master, officers, crew members, contractors, stevedores, longshoremen, agents, representatives, employees or others used, engaged or employed by the carrier in the performance of such work or services shall each be the beneficiaries of and shall be entitled to the same, but no further, exemptions and immunities from and limitations of liability which the carrier has under this bill of lading, whether printed, written, stamped thereon or incorporated by reference. (b) Without limitation or restriction of the exemptions and immunities from and limitations of liability provided for in subdivision (a), the persons and companies mentioned therein shall be entitles to the same, but no further, benefits which the carrier has under Clauses 23 and 26 of this bill of lading. (c) Without limitation or restriction of the exemptions and immunities from and limitations of liability provided for in subdivisions (a) and (b), the persons and companies mentioned therein shall be entitled to the same, but no further, benefits which the carrier has under the U.S. Carriage of Goods by Sea Act including but not limited to Sections 3(6), 4(1), 4(2)(a), 4(2)(b), 4(2)(c) and 4(5) of said Act. 5. DEMISE CLAUSE - If the ship is not owned by or chartered by demise to the company above, this bill of lading shall, with respect the carriage, custody and care of the goods while aboard the ship or on her tackles, have effect only as a contract between the shipper, consignee and the owner of the ship or demise charterer, as the case may be, may be, as principal made through the agency of said company which shall be under that the company above or any other person other than the owner or demise charterer is the carrier or bailee of the goods, all rights, exemptions, immunities or limitations of liability provide by law and/or terms of this bill of lading shall be available to it or such other person. The shipper warrants he knows the name of the owner and/or demise charterer of the ship and waives any non-disclosure of the owner's or demise charterer's name. 6. SCOPE OF VOYAGE - The voyage may or may not include all usual, scheduled, geographic, direct, customary, ordinary or advertised routes, ports or places, whether or not named or disclosed in this bill of lading. As often as and for any reason whatsoever which the carrier or master may deem advisable, whether relating to the current or a prior, intermediate, subsequent or overlapping voyage, or to matters occurring, known, or anticipated before or after receipt or loading of the goods, and whether or not the voyage may have commenced, the ship, at any stage of the voyage and without notice to the shipper or consignee: (a) may proceed under any conditions of sea and weather, depart from or change the intended, usual, scheduled, geographic, direct, customary, ordinary or advertised route and proceed in any direction by any route whatsoever, or return to or call at or stay or delay at any ports or places in any rotation, sequence or order, backward or forward, or omit calling at any ports or places and (b) may also, at any time or place whatsoever, with or without the goods aboard, proceed under sail or in tow, adjust compasses, carry live stock, deck cargo and dangerous goods, drydock, go in ways or to repair yard, shift berths or places in port, lie on bottom or aground in berth, make trial trips or tests, take fuel or stores at any place, be at anchor or moorings, sail or proceed in or out of ports or elsewhere without pilots, whether or not pilots are compulsory or customary and available, tow and assist vessels or craft in any situation, or save or attempt to save life or property whether the property be that of the carrier or others, including the liberty to depart from her course to any extent for of any such purposes. The provisions of this clause are not to be restricted by any words of this bill of lading whether printed, stamped or incorporated herein or by prior notice or advertisement. 7. RISKS, DAMAGES, ETC. - In any situation whatsoever or wheresoever occurring and whether existing or anticipated before the commencement of or during the voyage, including the event of any possible, anticipated or non-anticipated, existing or occurring political action, boycott or inconvenience whether authorized or not by any party or person, which in the judgement of the carrier or the master is likely to give rise to risk of capture, seizure, arrest, detention, injury, damage, delay or danger, detriment or disadvantage to, or loss of any goods, the ship or any persons, or to make it unsafe, imprudent, inadvisable or unlawful for any reason to receive, or keep or load the goods or commence to proceed on or continue the voyage or to enter or discharge or disembark the goods or passengers at any port, the carrier or the master (a) before, during or after receipt or loading of the goods or before the commencement of the voyage, may decline to receive, keep or load the goods or may discharge them or any part thereof, may require the shipper or person entitled thereto to take delivery at port of shipment or elsewhere and if he fails to do so, may warehouse or store or hold the goods; or (b) at any time and whether or not the ship is proceeding toward or is at the port of discharge or the usual or intended place of discharge therein, may discharge the goods into any depot, lazaretto, craft, or other place; (c) may have the ship proceed or return, directly or indirectly, to or stop, at any port or place, and discharge the goods, or any part thereof, at any such port or place into craft, or into or on any other place whatsoever; or (d) may retain the goods or any part thereof, on board until the return trip, or until such time as the carrier or the master deems advisable and discharge of the goods, or any part thereof, into craft or into or on any other place whatsoever at port of shipment or elsewhere; or (e) at port of shipment or elsewhere, substitute another vessel or may tranship or forward the goods, or any part thereof, by any means, but always at the risk and expense of the goods. Any measures or procedure whatsoever authorized by this clause may be taken without notice to the shipper or consignee and shall be considered as taken as agent of the shipper and consignee and at their risk and expense, but without prejudice to any lien of the carrier. Any disposition of the goods pursuant to this clause shall constitute complete and final delivery of the goods and performance of this contract by the carrier who shall be free of further responsibility for any and all services rendered as herein provided, the carrier shall be entitled to extra reasonable compensation including but not limited to proportionate additional freight if the length or duration of the voyage is increased. 8. ORDER, ETC. - The carrier, master and ship shall have liberty to comply with any orders, directions, regulations, requests or suggestions, including any such which may be given or effected pursuant to or by reason of any agreement or undertaking exacted from or considered advisable by the carrier or master, whether or not relating to the ship, the goods, other cargo or to passengers, crew, or other persons aboard, howsoever, whensoever and wheresoever given by or received from the government of any nations or department thereof or by any person acting or purporting to act with the authority of such government or department or by any committee or person having or purporting to have, under the provisions and terms of the war risk insurance on the ship, the right to do so or to approve the voyage. Any disposition whatsoever of the goods pursuant to this clause shall constitute delivery and be a fulfillment of the contract of carriage by the carrier, which shall not be under any further obligation, and the goods shall thereafter be solely at their own risk and expense. For any and all expenses or charges incurred by the carrier in connection with any such compliance, the carrier shall be entitled to extra compensation including, but not limited to, proportionate additional freight if the length or duration of the voyage is increased. The ship may carry contraband, explosive, munitions, warlike stores, dangerous and hazardous cargo, and may sail armed or unarmed, with or without convoy, and with or without lights. 9. LIBERTIES - The carrier or master, in its or his discretion, at any time and place whether or not the reason for its or his action or inaction was known at time of receipt of the goods, without notice (a) may substitute another ship, whether operated by the carrier or others, or of a different type or speed, or whether before, during or after loading the goods or any part thereof, and whether the substituted ship arrives or departs or is scheduled to do so before or after the ship named herein, (b) may, in case of goods or any part thereof are shut out, have the ship proceed without the goods or any part thereof and the goods may be forwarded in whole or in part by any means; (c) may, if the goods or any part of them is damaged or lost or in danger of damage or loss or of becoming worthless or subject to charges disproportionate to their value, or because of their condition take any measure to recondition, recover possession, take any measure to salve, protect, recondition, recover possession of, sell, return to shipper, hold, store or otherwise deal with or dispose of the goods or any part of them, or forward the goods or any part of them by any means to or toward port of discharge; and (d) may, if there shall be a forced interruption, abandonment or frustration of the voyage at the port of loading or discharging or elsewhere or because of the need of repair to the ship or the inability of the ship to prosecute the voyage promptly at the port of loading or discharging or elsewhere, substitute to prosecute the voyage promptly at the port of loading or dishcarging or elsewhere, substitute another vessel or may forward the goods or any part thereof by any means; (e) may take such steps that in the discretion of the master and carrier may be deemed necessary in the event of any boycott, political disturbance, inconvenience or interruption by any party, whether at port of load, discharge or elsewhere, which in the judgement of carrier or master may affect the ship or goods and any additional freight charges and costs arising therefrom are additional cost and expense of the goods and the owners of the goods; (f) the carrier is not required to, and does not undertake to, deliver the goods at port of discharge or elsewhere at any particular time or to meet any market or in time for any particular purpose or use nor does it undertake that the ship or substitute ship will sail or arrive at any stated or scheduled time. The carrier shall not be liable for any loss or damage arising or resulting from delayed or earlier arrival of the goods or any damage or expense incurred by the shipper or consignee because of any change in date or time of sailing or arriving. All such measures, procedures or acts taken pursuant to the clause shall be at the risk and expense of the goods. 10. SUFFICIENCY OF PACKING AND MARKING - The shipper, whether principal or agent, represents and warrants that the goods are properly described, marked, secured and packed in adequate containers and may be handled in ordinary course without damage to the goods, ship or property or persons and guarantees the correctness of the particulars, weight of each piece or package and description of the goods and agrees to ascertain and to disclose in writing on shipment, any condition, nature, quality, ingredient or characteristic of the goods of, or which might indicate they are of an inflammable, explosive, corrosive, radioactive, noxious, hazardous or dangerous nature, or any condition, nature, quality, ingredient or characteristic that may cause damage, injury or detriment to the goods, other property, the ships or to persons, and for the failure to do so the shipper agrees to be liable for and fully indemnify the carrier and hold it harmless in respect of any injury or death of any person and loss or damage to cargo or property. The carrier shall not be concluded as to the correctness of any such mark, descriptions or representations. If at any time the goods, whether ashore or afloat, are, in the judegment of the carrier or master or of the health or other authorities, spoiling, decayed, injurious, offensive, unfit for further carriage or storage, or dangerous to health or other property, or if the goods are condemned or ordered destroyed by any such authorities, the goods may, forthwith and without notice, be thrown overboard, destroyed, discharged, stored, put ashore at any place or aboard lighters or craft or otherwise disposed of by the carrier, master or others, solely at the risk and expense of the goods, when the carrier's responsibility shall cease, and the carrier shall not be liable for any loss or damage whatsoever. Any goods that are in fact or may be considered by any civil or military authorities or the master inflammable, explosive, noxious, hazardous or dangerous, shipped without such full disclosure, or if shipped with the knowledge and consent of the carrier or master as to their nature and character, shall become a danger to the ship or those aboard, the goods or other property, or any part thereof, may at any time or place be landed, thrown overboard, destroyed or rendered innocuous without compensation to the shipper or consignee and extra charges and expenses, if any, for discharging, lightering, handling, caring for, disposing of or otherwise occasioned by such goods shall be borne by the goods. 11. PERISHABLE GOODS - Fruits, vegetables, meats and any goods of a perishable nature when accepted may be carried on ordinary cargo compartments or on deck and without special facilities or attention, unless the carrier has made and inserted in this bill of lading a written agreement that such goods will be carried in a refrigerated or otherwise specially equipped compartment. Unless a special agreement is made and inserted in this bill of lading, the carrier does not undertake and shall not be liable for failure to give the goods, whether or not of a perishable nature, or unusual or special care, handling, storage or facilities not given ordinary non-perishable general cargo, or discharge or deliver the goods into or to any refrigerated, chilled, cooled, ventilated, insulated, heated, drained, dry, moist, or specially equipped place, compartment or other facility, and the shipper represents and warrants the goods do not require any such care or facilities. 12. LIVE ANIMALS - Live animals, when accepted, are received, kept and carried solely at shipper's risk of accident, disease or mortality and without any warranty or undertaking whatsoever by the carrier that the ship is seaworthy, fitted, manned, equipped and supplied for their reception, carriage and preservation. With respect to live animals, all risk of loss or damage by perils inherent in or incidental to the carriage of live animals shall be borne by the shipper and the carrier shall have the benefit of all provisions of this bill of lading not inconsistent with the provisions of this clause and shall have the benefit of all and the same rights, immunities, exemptions and limitations as provided for in Sec. 4 of the United States Carriage of Goods by Sea Act, 1936, excepting subdivisions (1), (2).(i), (2).(g), (3) and (4) thereof. In no event shall the carrier be liable for any loss or damage to live animals arising or resulting from any cause whatsoever, including unseaworthiness, unless affirmatively proved to be due to lack of due diligence or to the fault or neglect of the carrier or those for whom it may otherwise be responsible, but the carrier shall not in any event be liable for any act, neglect or default in the navigation or the management of the ship. 13. STOWAGE UNDER AND ON DECK, ETC. - Goods stowed in poop, forecastle, deckhouse,shelter deck, passenger space, storeroom, bunker space, or any other covered-in space shall be deemed to be stowed under deck for all purposes, including General Average. Goods, whether or not shipped in containers, vans, or trailers and whether packed by shipper or carrier may be carried on deck at carrier's option without notice and if carried on deck, carrier shall not be required to specifically note, mark or stamp any statement of on-deck carriage in this bill of lading, any custom to the contrary notwithstanding the Carriage of Goods and/or containers on deck shall be subject to the terms of the United States Carriage of Goods by Sea Act, 1936 notwithstanding S 1(C) thereof or any other Hague Rule legislation which would be applicable if the goods were carried under deck. 14. BULK CARGO - As the carrier has no reasonable means of checking the quantity of weight of goods shipped in bulk, the carrier does not represent the quantity or weight of such goods as furnished by the shipper and apppearing in this bill of lading as being accurate. If it is agreed freight is payable on outturn weight of cargo in such event if the outturn weight is less than that represented by the shipper, it is agreed the carrier is entitled to and shall be paid by the shipper, consignee or owner of the goods dead freight based upon the difference between the actual weight of the cargo discharged and the weight stated in the bill of lading and based on the rate stated therein. 15. SPECIE & VALUABLES - Gold, silver, specie, bullion or other valuables, including those named or described in Sec. 4281 of the Revised Statues of the United States, will not be received by the carrier unless their true character and value are disclosed to the carrier and a special written agreement therefor has been made in advance, and will not, in any case, be loaded or landed by the carrier. No such valuables shall be considered received by or delivered to the carrier until brought aboard the ship by the shipper and there put in the actual possession of, and a written receipt therefor is given by the master or other officer in charge. Such valuables will only be delivered by the carrier aboard the ship on presentation of bills of lading properly endorsed, and upon such delivery on board, the carrier's responsibility shall cease. If delivery is not so taken promptly after the ship's arrival at the port of discharge, the goods may be retained aboard or landed or carried on, solely at the risk and expense of the goods. 16. THROUGH CARGO AND TRANSSHIPMENT - The carrier or master, in the exercise of its or his discretion and although transshipment or forwarding of the goods may not have been contemplated or provided for herein, may at port of discharge or any other place whatsoever transship or forward the goods or any part thereof by means at the risk and expense of the goods and at any time, whether before or after loading on the ship named herein and by any route, whether within or outside the scope of the voyage or beyond the port of discharge or destination of the goods and without notice to the shipper or consignee. The carrier or master may delay such transshipping or forwarding for any reason, including but not limited to awaiting a vessel or other means of transportation whether by the carrier or others. The carrier or master in making arrangements with any person for or in connection with all transshipping or forwarding of the goods or the use of any means of transportation not used or operated by the carrier, shall be considered solely the agent of the shipper and consignee and without any other responsibility whatsoever or for the cost thereof. The receipt, custody, carriage and delivery of the goods by any such person or on-carrier and all transshipping and forwarding shall be subject to all the provisions whatsoever of such persons or on-carrier's form of bill of lading or agreement then in use, whether or not issued and even though such provisions may be less favorable to the shipper or consignee in any respect than the provisions of this bill of lading. The shipper and consignee authorize the carrier or master to arrange with any such person or on-carrier that the lowest valuation or limitation of liability contained in the bill of lading or other agreement of such person or on-carrier shall apply. All responsibility of the carrier in any capacity shall altogether cease and the goods shall be deemed delivered by it and this contract of carriage shall be deemed fully performed on actual or constructive delivery of the goods to itself as such agent of the shipper and consignee or to any such person or on-carrier at port of discharge from ship or elsewhere in case of an earlier transshipment. The shipper and consignee shall be liable to this carrier for and shall indemnify it against all expense of forwarding and transshipping including any increase in or additional freight or additional freight charges whatsoever. Pending or during forwarding or transshipping, including any increase in or additional freight or other charges whatsoever. Pending or during forwarding or transshipping this carrier or the master may store the goods ashore or afloat solely as agent of the shipper and at the risk and expense of the goods and this carrier shall not be responsible for the acts, neglect, delay or failure to act of anyone to whom the goods are entrusted or delivered for storage, handling, or any service incidental thereto. In case the carrier issues a bill of lading covering transportation by a local or other carrier prior to the goods being delivered to and put into the physical custody of the carrier, it shall not be under any responsibility or liability whatsoever for loss or damage to the goods occurring prior to or until the actual receipt or custody of the goods by it at the port or place of transshipment and in arranging for the transportation to such port or place where the goods are put in its physical custody, it acts solely as the agent of the shipper. 17. LIGHTERAGE - The carrier or master, in the exercise of its or his discretion, may at any time, whether or not customary and without notice, require the goods to be lightered to or from the ship at the risk and expense of the goods and, in this event, the carrier or master may make arrangements for lighterage or use of craft by it, in so doing shall be considered solely as the agent of the shipper and consignee and without any other responsibility whatsoever. The carrier shall not be responsible for the choice of, condition, seaworthiness or manning of such lighter or craft nor for any loss or damage to the goods while on such lighter or craft or in the custody of the lightermen who shall be considered agents of the shipper or consignee. If the carrier elects to lighter the goods in or with lighters or craft operated or controlled by it, the carrier shall have the benefit of all the liberties, rights, exemptions, immunities and limitations contained in this bill of lading, including those incorporated herein, with respect to such lighterage and may collect the cost thereof from the shipper or consignee. 18. DISCHARGE, DELIVERY, ETC. - The carrier shall not be required to give any notification whatsoever of arrival, discharge or any disposition of or action taken with respect to the goods, any custom or practice of the port, the carrier or others to the contrary notwithstanding and even though the goods are consigned to order with provision for notice to a named person. The carrier or master may appoint a stevedore or any other person to unload and take delivery of the goods and such delivery from ship tackle shall be considered complete and all responsibility of the carrier shall then terminate. It is agreed that when possession of goods is received or taken by the customs or other authorities or by any operator of any lighter, craft, dock, pier, store, warehouse, refrigerator, elevator or other facilities whether selected by the carrier or master, shipper or consignee, whether public or private, such authority or person shall be considered as having received possession and delivery of the goods solely as agent of and on behalf of the shipper and consignee, at the risk of the goods and subject to any lien of the carrier thereon. Also if the consignee does not take possession or delivery of the goods as soon as the goods are at the disposal of the consignee for removal, the goods shall be at their own risk and expense, delivery shall be considered complete and the carrier may, subject to carrier's lien, send the goods to store warehouse, put them on lighters or other craft, put them in possession of authorities, dump, permit to lie where landed or otherwise dispose of them always at the risk and expense of the goods, and the shipper and consignee shall pay and indemnify the carrier for any loss, damage, lien, charge or expense whatsoever suffered or incurred in so dealing with or disposing of the goods, or by reason of the consignee's failure or delay in taking possession and delivery as provided herein. 19. DELIVERY BY MARKS, SWEEPINGS, ETC. - The carrier shall not be liable for delay in or failure of delivery in accordance with marks unless the goods shall have been clearly, legibly and durably marked with identifying marks and the port of discharge. The carrier shall not be required to separate or deliver in accordance with brand, marks, numbers, sizes or types of packages but only in accordance with leading marks. Goods that cannot be identifed as to leading marks, goods out of or separate or deliver in accordance with brand marks, numbers, sizes or types of packages but only in accordance with leading marks. Goods that cannot be identified as to leading marks, goods out of or separated from their containers or packages, cargo sweepings, liquid residue and any unclaimed goods not otherwise accounted for, may, for the purpose of completing delivery, be allocated to the various consignees of cargo of substantially or general like character in proportion to any apparent shortage, loss of weight or damage, and such goods or such part thereof shall be accepted as good delivery. Loss of or damage to goods in bulk stowed without separation from other bulk cargo of substantially or general like character shipped by the shipper or by others may be divided and accepted in proportion among the several shipments. Liquid cargo in bulk shall be pumped aboard by shipper as fast as ship can receive at the shipper's risk and expense so far as the ship's connection and shall be received at the port of discharge as ship's connection so soon and as fast as carrier is pprepared to deliver. 20. MENDING, COOPERAGE FINES, ETC. - The shipper and consignee shall be liable for, indemnify the carrier and ship and hold them harmless against, and the carrier shall have a lien on the goods for, all expenses and charges for mending, cooperage, bailing, repairing, reconditioning the goods or their containers, and all expenses incurred in protecting, caring for or otherwise made for the benefit of the goods, whether the goods be damaged or not, and for any payment, expense, penalty, fine, dues, duty, tax or impost, loss, damage, detention, demurrage, or liability of whatsoever nature, sustained or incurred by or levied upon the carrier or the ship in connection with the goods or by reason of the goods being or having been on board, or because of shipper's failure to procure consular or other proper permits, certificates, or any papers that may be required at any port or place or shipper's failure to supply information or otherwise to comply with all laws, regulations and requirements of law in connection with the goods or from any other act or omission of the shipper or consignee, also for all damages, charges, legal fees, expenses or disbursements which the carrier may suffer, incur or pay in connection with or arising out of attachments, seizures, executions, claims or legal proceedings of any description against the goods by third parties or any proceedings by way of interpleader or otherwise which the carrier may bring to determine the right of ownership or possession in or to the goods, also for any expense of or charges for regaining or attempting to regain possession of the goods. The shipper and consignee authorize the carrier to pay and/or incur all such charges, expenses and other matters mentioned above and the carrier or master may solely at the expense of and as agent for the shipper engage other persons to mend, cooper, bale, repair or recondition packages or goods, regain or seek to regain possession of the goods and to do all things deemed advisable for the benefit of the goods. 21. FREIGHT, LIENS, ETC. - Freight shall be payable, at carrier's option, on gross intake or discharged weight or measurement or on a valued other basis. Freight may be calculated on the basis of any particulars concerning the goods furnished by the shipper, but the carrier may at any time weigh, measure and value the goods, and open packages to examine contents. If there is an error in freight or other charges, if on correction the freight or charges should be higher, the carrier may collect the additional amount. If shipper, consignee and goods shall be liable for all expenses incurred in examining, weighing, measuring and valuing the goods. Full freight to the port of discharge named herein and all advance charges against the goods shall be considered completely earned on receipt of the goods by the carrier, whether the freight or charges be prepaid or be stated or intended to be prepaid or to be collected at port of discharge or destination or subsequently, and the carrier shall be entitled absolutely to all freight and charges, whether actually paid or not and to receive or retain them under all circumstances whatever, ship and/or cargo lost or not lost, or the voyage changed, broken up, frustrated, or abandoned. All charges or sums payable to the carrier are due when incurred and such charges, sums and all unpaid freight or other charges shall be paid in full and without any offset, counterclaim or deduction. The shipper and consignee shall be jointly and severally liable to the carrier for the payment of all freight, charges and other amounts due the carrier and for any failure of either or both to perform his or their obligations under the provisions of this bill of lading and they shall indemnify the carrier against and hold it harmless from all liability, loss, damage and expenses which the carrier may sustain or incur, arising or resulting from any such failure of performance by the shipper and consignee or either of them. The carrier accepts no responsibility and the shipper shall be liable for return freight and charges on goods refused exportation or importation by any government or public authorities. The carrier shall have a lien on the goods, which shall survive delivery, for all freight, charges and other amounts due under this bill of lading and may enforce this lien, by all available means, including public or private sale and without notice, upon the goods or any part thereof and any property belonging to the shipper or consignee which may be in the carrier's possession. The net proceeds of any such sale, after deducting costs and expenses in executing the lien, shall be applied towards the settlement of the freight, charges and any other amount due the carrier and the carrier shall not be under any further obligation in respect thereof except to account for the balance, if any, of such proceeds. The shipper shall also remain responsible in the event the carrier is unable to obtain such payment on exercising a lien on the goods. 22. BOTH-TO-BLAME COLLISIONS - If the ship comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect or default of the master, mariner, pilot or of the servants of the carrier in the navigation or in the management of the ship, the owners of the goods carried hereunder will indemnify the carrier against all loss or liability to the other or non-carrying vessel or her owner insofar 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 vessel or her owners to the owners of said goods and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying ship or carrier. The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, in addition to, the colliding vessels or objects are at fault in respect of a collision, contact, stranding or other accident. 23. GENERAL AVERAGE - General average shall be adjusted, stated and settled according to the York-Antwerp Rules 1934 at the Port of New York, or last port of discharge, at carrier's option, and as to matters not provided for in these Rules, according to the laws and usages at the Port of New York or any other place at the option of the Carrier. Average agreement and bond, together with such additional security as may be required by the carrier, shall be furnished before delivery of the goods. The deposit to secure the payment of General Average shall be paid in Dollars of United States of North America. The adjustment of General Average shall be effected in Dollars of United States of North America. 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, the carrier is not responsible, by statute, contract or otherwise, the goods, shippers, consignees or owners of the goods shall 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 ship is owned or operated by the carrier, salvage shall be paid as fully and in the same manner as if such salving ship or ships belong to strangers. 24. FIRE - Without waiver or limitation of any exemption from or limitation of liability afforded by law or by this bill of lading, neither the carrier nor any corporation owned by, subsidiary to, or associated or affiliated with the carrier shall be liable for any loss or damage wheresoever and whensoever occurring by reason of any fire whatsoever, including that occurring before loading on or after discharge from the ship. Unless such fire shall have been caused by the design or neglect or by the actual fault or privity of the carrier or of such corporation, respectively, in a situation where such exemption from liability may not be permitted by law, neither the carrier nor such corporation shall be liable for any loss or damage by fire unless caused by negligence, including that imputed by law, for which the carrier or such corporation is liable, respectively. 25. VALUATION - It is agreed and understood that the meaning of the word "package" includes animals and all pieces, articles or things of any description whatsoever except goods shipped in bulk. In the event of any loss or of damage or in any connection with goods exceeding in actual value $500 per package lawful money of the United States, or in case of goods not shipped in packages or per customary freight unit, the value of the goods shall be deemed to be $500 per package or per customary freight unit as the case may be, and the carrier's liability, if any, shall be determined on the basis of a value of $500 per package or per customary freight unit, unless the nature of the goods and a higher value shall be declared by the shipper in writing before shipment and inserted in the bill of lading. In the event of a higher value being declared by the shipper in writing and inserted in this bill of lading and extra freight paid thereon as required, the carrier's liability, in any, for loss of or damage to or in connection with the goods shall be determined on the basis of such declared value and pro rata of such declared value in the case of partial loss or damage, provided such declared value does not exceed the actual value of the goods. In the event of any loss of or damage of or in any connection with goods of a value of $500 or less than $500 per package, lawful money of the United States, or in the case of bulk goods shipped as such, per customary freight unit, the carrier's liability, if any, shall be limited to the invoice value of the goods unless the nature of the goods and a higher value have been declared by the shipper in writing before shipment and inserted in the bill of lading. It is agreed that in no event shall this clause operate to increase the extent of the carrier's liability beyond the applicable market value if that be less than invoice value. In no event shall the carrier be liable for more than the loss or damage actually sustained. The carrier shall not be liable for any consequent or special damages and shall have the option of replacing any lost goods and of replacing or repairing any damaged goods. 26. CLAIMS AND SUITS - Unless written notice of claim, except as otherwise provided, in the clause, is given to the carrier within twenty days after delivery of the goods, or where the goods are not delivered, within ten days after the vessel completes discharge at the port named herein, the carrier and the ship shall be discharged from all liability. Any claim against the carrier for any adjustment, refund of, or with respect to freight, charges or expense or for delay or any claim other than for loss or damage to goods, must be given to the carrier or its agent in writing within twenty days from the date when the goods are or should have been delivered. In any event, the carrier and the ship shall be discharged from all liability for any loss or damage to the goods or with respect to freight, charges or expenses, or the refund thereof or any claim of whatsoever kind, nature or description, with respect to or in connection with the goods unless suit, arbitration or other appropriate proceeding is brought within one year after delivery of the goods or the date when the goods should have been delivered. 27. ENFORCEABILITY, ETC. - The terms of this bill of lading shall be separable and if any part or provision is invalid or unenforceable, such circumstances shall not affect the validity or enforceability of any other part or term hereof. 28. SUPERSEDING CLAUSE - All agreement or freight engagements for the shipment of goods are superseded by this bill of lading. As required by the carrier, a signed bill of lading, duly endorsed, must be surrendered to the carrier on delivery of the goods.