Effective	17MAY2024
Filed	17MAY2024
Filing Codes	I

 
1 ) CLAUSE PARAMOUNT:  
 
               All carriage under this Bill of Lading to or
from the United States shall have effect subject to the
provisions of the Carriage of Goods by Sea Act of the
United States, 46 U.S.C. sections 1300-1315 (hereafter,
"COGSA"). All carriage to and from other States shall be
governed by the law of any state making the Hague Rules
or Hague-Visby Rules compulsorily applicable to this
Bill of Lading or if there be no such law, in accordance
with the Hague Rules. The provisions of applicable law
as set forth above shall apply to carriage of goods by
inland waterways and reference to carriage by sea in
such Rules or legislation shall be deemed to include
reference to inland waterways. Except as may be
otherwise specifically provided herein, said law shall
govern before the goods are loaded on and after they are
discharged from the vessel whether the goods are carried
on deck or under deck and throughout the entire time the
goods are in the custody of the carrier.  
 
2 ) Definitions:
 

Lading, or any conveyance owned, chartered, towed or
operated by     Carrier or used by Carrier for the
performance of this contract.
 
               2.2 "TD International Shipping Inc. " is the
trade name for    TD International Shipping   .
 
       2.3 "Carrier" means TD International Shipping
Inc., on whose behalf this Bill of Lading has been
signed.
 
               2.4 "Merchant" includes the Shipper, the
Receiver, the Consignor, the Consignee, the Holder of
this Bill of Lading and any person having a present or
future interest in the Goods or any person acting on
behalf of any of the above-mentioned persons.
 

partially or completely covered or contained cargo made
up by or for the Shipper which is delivered and
entrusted to Carrier, including palletized units and
each container stuffed and sealed by the Shipper or on
its behalf, although the Shipper may have furnished a
description of the contents of such sealed container on
this bill of lading.
 

transportable tank, lift van, flat, pallet, or any
similar article of transport used to consolidate goods.
  

includes containers or equipment owned, leased or used
by Carrier in the transportation of Merchant's goods.
 

of this Bill of Lading and, if the cargo is packed into
container(s) supplied or furnished by or on behalf of
the Merchant, include the container(s) as well.
 

to perform the services described next to the marked
box:
 
[] Transport from port to port. TD International Shipping
Inc. will ship the goods from the port of loading up to
the port of discharge.
 
[] Transport from an inland location to the port of
loading up to the port of discharge/country of
destination. TD International Shipping Inc. will ship
the goods via inland by truck up to the warehouse, do
the dismantling/stuffing/loading of the goods in
containers, and ship the goods to the port of
discharge/country of destination.
 
[] Transport from a warehouse/facility/factory
loading to the port of loading up to the port of        
discharge/country of destination. TD
International Shipping Inc. will provide with containers
as per Merchant request, the Merchant will
stuff/load/secure the goods in containers, than cargo
will be shipped to the port of loading up to the port of
discharge/country of destination.
 The Merchant will have to provide to the Carrier with
all requested export documents,  and comply with the
rules governed by this bill of lading, also no hazardous
goods are allowed to be loaded, no miss declarations of
cargo, max cargo weight per    20DV not exceeding
20,000kgs, max cargo weight per    40HC not exceeding
40,000 kgs.
 
(3) SUBCONTRACTING:                
Carrier shall be entitled to subcontract directly or
indirectly on any terms the whole or any part of the
handling, storage, or carriage of the goods and all
duties undertaken by Carrier in relation to the goods.
Every servant, agent, subcontractor (including
sub-subcontractors), or other person whose services have
been used to perform this contract shall be entitled to
the rights, exemptions from, or limitations of,
liability, defenses and immunities set forth herein. For
these purposes, Carrier shall be considered to be acting
as agent or trustee for such servants, agents,
subcontractors, or other persons who shall be deemed to
be parties to this contract.
 
(4) ROUTE OF TRANSPORT:    
             Carrier is entitled to perform the transport in
any reasonable manner and by any reasonable means,
methods and routes. The Ship shall have the liberty,
either with or without the goods on board, to at any
time, adjust navigational instruments, make trial trips,
dry dock, go to repair yards, shift berths, take in fuel
or stores, embark or disembark any persons, carry
contraband and hazardous goods, sail with or without
pilots and save or attempt to save life or property.
Delays resulting from such activities shall not be
deemed a deviation.  
 
(5) HINDRANCES AFFECTING PERFORMANCE:
 
               5.1 Carrier shall use reasonable activities to
complete transport and to deliver the goods at the place
designated for delivery.
 
               5.2 If at any time the performance of this
contract as evidenced by this Bill of Lading in the
opinion of Carrier is or will be affected by any
interruption, risk, delay, injury, difficulty or
disadvantage of any kind, including strike, and if by
virtue of the above it has rendered or is likely to
render it in any way unsafe, impracticable, unlawful, or
against the interest of Carrier to complete the
performance of the contract, Carrier, whether or not the
transport is began, may without notice to Merchant elect
to: (a) treat the performance of this contract as
terminated and place the goods at Merchant's disposal at
any place Carrier shall deem safe and convenient, or (b)
deliver the goods at the place of delivery. In any
event, Carrier shall be entitled to, and Merchant shall
pay, full freight for any goods received for
transportation and additional compensation for extra
costs and expenses resulting from the circumstances
referred to above.
 

according to sub-part 5.2 above Carrier makes
arrangements to store and/or forward the goods, it is
agreed that he shall do so only as agent for and at the
sole risk and expense of Merchant without any liability
whatsoever in respect of such agency.  

provided for in this Article, shall have liberty to
comply with orders, directions, regulations or
suggestions as to navigation or the carriage or handling
of the goods or the ship howsoever given, by any actual
or purported government or public authority, or by any
committee or person having under the terms of any
insurance on the Ship, the right to give such order,
direction, regulation, or suggestion. If by reason of
and/or in compliance with any such order, direction,
regulation, or suggestions, anything is done or is not
done the same shall be deemed to be included within the
contract of carriage and shall not be a deviation.
 
(6) BASIC LIABILITY:
 
6.1 Carrier shall not be liable for any
consequential or special damages arising from loss or
damage of goods carried under this bill of lading.
 
6.2 If it is established that the loss of or
damage to the goods occurred during sea carriage or
during carriage by land in the United States, liability
shall be governed by the legal rules applicable as
provided in Section 1 of this Bill of Lading.
 
6.3 If it cannot be determined when the loss of
or damage to the goods occurred, liability shall be
governed as provided in Section 6.2 above.
 
6.4 Carrier does not undertake that the goods
shall be delivered at any particular time or for any
particular market and shall not be liable for any direct
or indirect losses caused by any delay.
 
6.5 Carrier shall not be liable for any loss or
damage arising from:

person other than Carrier acting on behalf of Merchant
from whom Carrier took the goods in charge,

any person authorized to give them,

unloading of the goods by or on behalf of Merchant,

concealed damage to or shortage of goods packed by
Merchant,

defective condition of packing in the case of goods,
which by their nature are liable to wastage or damage
when not packed or when not properly packed,

or numbers on the goods, coverings or unit loads,

or privity of Carrier,

could not avoid and the consequences of which he could
not prevent by the exercise of due diligence.
 
6.6 When Carrier pays claims to Merchant, Carrier shall
automatically be subrogated to all rights of Merchant
against all others, including Inland Carriers, on
account of the losses or damages for which such claims
are paid.
 
6.7 The defenses and limits of liability provided for in
this Bill of Lading shall apply in any action or claim
against Carrier relating to the goods, or the receipt,
transportation, storage or delivery thereof, whether the
action be founded in contract, tort or otherwise.
 
7) COMPENSATION FOR LOSS AND DAMAGE:  
 
               7.1 Carrier's liability for compensation for
loss of or damage to goods shall in no case exceed the
amount of US$500 per package or per customary freight
unit. Where a container is stuffed by Shipper or on its
behalf, and the container is sealed when received by
Carrier for shipment, Carrier's liability will be
limited to US$500 with respect to the contents of each
such container. Carrier shall have the option of
replacing lost goods or repairing damaged goods.
 
      
               7.2 If the value of the goods is less than
US$500 per package or per customary freight unit, their
value for compensation purposes shall be deemed to be
the invoice value, plus freight and insurance, if paid.
 
               7.3 Carrier shall not be liable to any extent
for any loss of or damage to or in connection with
precious metals, stones, or chemicals, jewelry,
currency, negotiable instruments, securities, writings,
documents, works of art, curios, heirlooms, or any other
valuable goods, including goods having particular value
only for Merchant, unless the true nature and value of
the goods have been declared in writing by Merchant
before receipt of the goods by the Carrier or Inland
Carrier, the same is inserted on the face of this Bill
of Lading and additional freight has been paid as
required.
 
               7.4 Carrier will not arrange for insurance on
the goods except upon express instructions from the
Consignor and then only at Consignor   s expense and
presentation of a declaration of value for insurance
purposes prior to shipment.
 
(8) DESCRIPTION OF GOODS AND INFORMATION FOR U.S.
CUSTOMS:              
 
   Carrier is responsible for transmitting information to
U.S. Customs and Border Protection prior to lading of
the Goods including,  without limitation, precise
commodity descriptions, numbers and quantities of the
lowest external packaging unit, the shipper   s complete
name and address, the consignee   s or the owner   s or
owner   s representative   s complete name and address,
hazardous materials codes, and container seal numbers.
For this, and other purposes, Carrier relies on
information provided by Merchant in a timely fashion.
Merchant warrants to Carrier that all particulars of the
goods, including, without limitation, the precise
descriptions, marks, number, quantity, weight, seal
numbers, identities of shipper and consignee and
hazardous materials codes furnished by Merchant are
correct and Merchant shall indemnify Carrier against all
claims, penalties, losses or damages arising from any
inaccuracy.  
 
(9) CARRIER'S CONTAINERS:
 

containers, Carrier may pack them in any type container.
Merchant shall be liable to Carrier for damage to
Carrier's containers or equipment if such damage occurs
while such equipment is in control of Merchant or his
agents. Merchant indemnifies Carrier for any damage or
injury to persons or property caused by Carrier's
containers or equipment during handling by or when in
possession or control of Merchant.
 
(10) CONTAINER PACKED BY MERCHANT:
 
               If Carrier receives the goods already packed
into containers:
 
                10.1. This Bill of Lading is prima facie
evidence of the receipt of the particular number of
containers set forth, and that number only. Carrier
accepts no responsibility with respect to the order and
condition of the contents of the containers;
                10.2. Merchant warrants that the stowage and
seals of the containers are safe and proper and suitable
for handling and carriage and indemnifies Carrier for
any injury, loss or damage caused by breach of this
warranty;
                10.3. Delivery shall be deemed as full and
complete performance when the containers are delivered
by Carrier with the seals intact; and
                10.4. Carrier has the right but not the
obligation to open and inspect the containers at any
time without notice to Merchant, and expenses resulting
from such inspections shall be borne by Merchant; and

stuffing them and the use of the containers shall be
prima facie evidence of their being sound and suitable
for use.
 
(11) DANGEROUS GOODS:  
 

nature without written application to Carrier and
Carrier's acceptance of the same. In the application,
Merchant must identify the nature of the goods with
reasonable specificity as well as the names and
addresses of the shippers and consignees.
             11.2 Merchant shall distinctly and permanently
mark the nature of the goods on the outside of the
package and container in a form and manner as required
by law and shall submit to Carrier or to the appropriate
authorities all necessary documents required by law or
by Carrier for the transportation of such goods.
             11.3 If the goods subsequently, in the judgment
of Carrier, become a danger to Carrier, the Ship, or
other cargo, Carrier may dispose of the goods without
compensation to Merchant and Merchant shall indemnify
Carrier for any loss or expenses arising from such
action.
 
12) DECK CARGO:            
 
     Carrier has the right to carry the goods in any
container under deck or on deck. Carrier is not required
to note "on deck stowage" on the face of this Bill of
Lading and goods so carried shall constitute under deck
stowage for all purposes including General Average.
Except as otherwise provided by any law applicable to
this contract, if this Bill of Lading states that the
cargo is stowed on deck, then Carrier shall not be
liable for any non-delivery, misdelivery, delay or loss
to goods carried on deck, whether or not caused by
Carrier's negligence or the ship's unseaworthiness.
 
(13) HEAVY LIFT:
 
             13.1 Single packages with a weight exceeding
2,240 pounds gross not presented to Carrier in enclosed
containers must be declared in writing by Merchant
before receipt of the packages by Carrier. The weight of
such packages must be clearly and durably marked on the
outside of the package in letters and figures not less
than two inches high.
             13.2 If Merchant fails to comply with the above
provisions, Carrier shall not be liable for any loss of
or damage to the goods, persons or property, and
Merchant shall be liable for any loss of or damage to
persons or property resulting from such failure and
Merchant shall indemnify Carrier against any loss or
liability suffered or incurred by Carrier as a result of
such failure.
             13.3 Merchant agrees to comply with all laws or
regulations concerning overweight containers and
Merchant shall indemnify Carrier against any loss or
liability suffered or incurred by Carrier as a result of
Merchant's failure to comply with such laws or
regulations.
 
(14) DELIVERY:              
 
Carrier shall have the right to deliver the goods at any
time at any place designated by Carrier within the
commercial or geographic limits of the port of discharge
or place of delivery shown in this Bill of Lading.
Carrier's responsibility shall cease when delivery has
been made to Merchant, any person authorized by Merchant
to receive the goods, or in any manner or to any other
person in accordance with the custom and usage of the
port of discharge or place of delivery. If goods should
remain in Carrier's custody after discharge from the
ship and possession is not taken by Merchant, after
notice, within the time allowed in Carrier's applicable
tariff, the goods may be considered to have been
delivered to Merchant or abandoned at Carrier's option,
and may be disposed of or stored at Merchant's expense.
 
(15) NOTICE OF CLAIM:             
   Written notice of claims for loss of or damage to
goods occurring or presumed to have occurred while in
the custody of Carrier must be given to Carrier at the
port of discharge before or at the time of removal of
the goods by one entitled to delivery. If such notice is
not provided, removal shall be prima facie evidence of
delivery by Carrier. If such loss or damage is not
apparent, Carrier must be given written notice within 3
days of the delivery.
 
(16) FREIGHT AND CHARGES:  
 
             16.1 Freight may be calculated on the basis of
the particulars of the goods furnished by Merchant,  who
shall be deemed to have guaranteed to Carrier the
accuracy of the contents, weight, measure, or value as
furnished by him at the time of receipt of the goods by
the Carrier or Inland Carrier, but Carrier for the
purpose of ascertaining the actual particulars may at
any time and at the risk and expense of Merchant open
the container or package and examine contents, weight,
measure, and value of the goods. In case of incorrect
declaration of the contents, weight, measure and or
value of the goods, Merchant shall be liable for and
bound to pay to 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)
expenses incurred in determining the correct details,
plus (c) as liquidated and ascertained damages, an
additional sum equal to the correct freight. Quotations
as to fees, rates of duty, freight charges, insurance
premiums or other charges given by Carrier to Merchant
are for informational purposes only and are subject to
change without notice and shall not under any
circumstances be binding upon Carrier unless Carrier in
writing specifically undertakes the handling of
transportation of the shipment at a specific rate and
that rate is filed in Carrier   s tariff.
 

goods by Carrier, the goods lost or not lost, whether
the freight is intended to be prepaid or collected at
destination. Payment shall be in full and in cash
without any offset, counterclaim, or deduction, in the
currency named in this Bill of Lading, or another
currency at Carrier's option. Interest at 1% per month
shall run from the date when freight and charges are
due. Payment of freight charges to a freight forwarder,
broker or anyone other than directly to Carrier shall
not be deemed payment to the Carrier. Merchant shall
remain liable for all charges hereunder notwithstanding
any extension of credit to the freight forwarder or
broker by Carrier. Full freight shall be paid on damaged
or unsound goods.  
 

duties, fines, taxes and charges, including consular
fees, levied on the goods. Merchant shall be liable for
return freight and charges on the goods if they are
refused export or import by any government. Merchant
shall be liable for all demurrage or detention charges
imposed on the goods or their containers by third
parties.
 
             16.4 The Shipper, consignee, holder hereof, and
owner of the goods, and their principals, shall be
jointly and severally liable to Carrier for the payment
of all freight and charges, including advances and
shall, in any referral for collection or action for
monies due to Carrier, upon recovery by Carrier, pay the
expenses of collection and litigation, including
reasonable attorneys' fees. This provision shall apply
regardless of whether the front of this bill of lading
has been marked "prepaid" or "freight prepaid" so long
as freight and charges remain unpaid.  
 
             16.5 The Shipper, consignee, holder hereof, and
owner of the goods, and their principals, shall jointly
and severally indemnify Carrier for all claims, fines,
penalties, damages, costs and other amounts which may be
incurred or imposed upon Carrier by reason of any breach
of any of the provisions of this Bill of Lading or of
any statutory or regulatory requirements.
 
(17) LIEN:       
 
         Carrier shall have a general lien on any and all
property (and documents relating thereto) of Merchant in
its possession, custody or control or en route, for all
claims for charges, expenses or advances incurred by
Carrier in connection with this shipment, or any
previous shipment, of Merchant, or both, and if such
claim remains unsatisfied for 20 days after demand for
its payment is made, Carrier may sell at public auction
or private sale, upon 10 days written notice, registered
mail to Merchant, the goods, wares and/or merchandise or
so much as may be necessary to satisfy such lien and the
costs of recovery, and apply the net proceeds of such
sale to the payment of the amount due Carrier. Any
surplus from such sale shall be transmitted to Merchant,
and Merchant shall be liable for any deficiency in the
sale.
 
18) TIME BAR:               Carrier shall be discharged from
all liability for loss of or damage to goods unless suit
is brought within one (1) year after delivery of the
goods or the date when the goods should have been
delivered. Suit shall not be deemed brought against
Carrier until jurisdiction shall have been obtained over
Carrier by service of summons. The time bar for
overcharge claims shall be 5 months.
 
(19) JURISDICTION:               The courts of the United
States District Court, Southern District of New York
shall have exclusive jurisdiction over any dispute
arising from the carriage evidenced by this Bill of
Lading. Merchant and Carrier each hereby agree to the
personal jurisdiction of the forum having jurisdiction
over their disputes under this clause. Except as
otherwise provided in this Bill of Lading, the laws of
the State of New York  shall apply.
 
(20) GENERAL AVERAGE:  
 
             20.1 General Average shall be adjusted at New
York, or any other port at Carrier's option, according
to the York-Antwerp Rules of 1994. The General Average
statement shall be prepared by adjusters appointed by
Carrier.  
 
             20.2 In the event of accident, damage, danger or
disaster after commencement of the voyage resulting from
any cause whatsoever, whether due to negligence or not,
for the consequence of which Carrier is not responsible
by statute, contract or otherwise, Merchant shall
contribute with Carrier in General Average to the
payment of any sacrifice, loss or expense of a General
Average nature that may be made or incurred, and shall
pay salvage or special charges incurred in respect of
the goods. If a salving vessel is owned or operated by
Carrier, salvage shall be paid for as fully as if the
salving vessel or vessels belonged to strangers.
 

comes into collision with another vessel as a result of
negligence of the other vessel and any negligence or
fault on the part of Carrier or its servants or
subcontractors, Merchant shall indemnify Carrier against
all loss or liability to the other or non-carrying
vessel or her owners, insofar as such loss or liability
represents loss of, or damage to, or any claim
whatsoever of Merchant paid or payable by the other or
non-carrying vessel or her owners to Merchant 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 her owner.
This provision shall apply as well 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 with respect to a
collision or contact.
 
(22) CARRIERS' TARIFFS:              
 
 The goods carried under this Bill of Lading are also
subject to all the terms and conditions of tariff(s)
published pursuant to the regulations of the United
States Federal Maritime Commission or any other
regulatory agency which governs a particular portion of
the carriage and the terms are incorporated herein as
part of the terms and conditions of this Bill of Lading.
The governing rule publication is available to the
public at http://www.etmrates.com/rates.html, free of 
charge. Carrier may enter into Negotiated Rate Arrangements
with Merchant in lieu of publishing the applicable rates and
charges for services provided in its rate tariff.
 
(23) PERISHABLE CARGO:
 
             23.1 Goods of a perishable nature shall be
carried in ordinary containers without special
protection, services or other measures unless there is
noted on the reverse side of this Bill of Lading that
the goods will be carried in a refrigerated, heated,
electrically ventilated or otherwise specially equipped
container or are to receive special attention in any
way. Carrier shall not be liable for any loss of or
damage to goods in a special hold or container arising
from latent defects, breakdown, or stoppage of the
refrigeration, ventilation or heating machinery,
insulation, ship   s plant, or other such apparatus of the
vessel or container, provided that Carrier shall before
or at the beginning of the transport exercise due
diligence to maintain the special hold or container in
an efficient state.
 
             23.2 Merchant undertakes not to tender for
transportation any goods that require refrigeration
without given written notice of their nature and the
required temperature setting of the thermostatic
controls before receipt of the goods by Carrier. In case
of refrigerated containers packed by or on behalf of
Merchant, Merchant warrants that the goods have been
properly stowed in the container and that the
thermostatic controls have been adequately set before
receipt of the goods by Carrier.
 

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