Effective	26NOV2019
Filed	26NOV2019
Filing Codes	I

Definitions
 
"Cargo" means the goods, property, freight and or
merchandise described on the face hereof, whether packed in
Containers or not, and whether carried on or under deck
and includes any Container not supplied by or on behalf
of the Carrier. "Carriage" means the whole of the
operations and services undertaken by the Carrier or a
Subcontractor with respect to the Cargo.
"Carrier" means WATERVIEW LOGISTICS LLC, on whose behalf
this Non-Negotiable Bill of Lading has been issued as
indicated on the face hereof. "Container" includes any
container, trailer, transportable tank, flat rack or pallet
or any similar article used for the transportation of cargo.
"Dangerous or Hazardous Goods" includes any Cargo classified
or described as dangerous in the Dangerous Goods code issued
by the International Maritime Organization (the "IMO CODE")
or in the applicable tariff and any Cargo that could present
or could be likely to present any hazard to the
conveyance in which it is carried or to other Cargo or
property or to any person. "Holder" means any person in
possession of this Non-Negotiable Bill of Lading to whom the
title in the Cargo has passed upon or by reason of the
consignment of the Cargo or the endorsement of this
Non-Negotiable Bill of Lading or otherwise. "Merchant"
includes the consignor, shipper, Holder, consignee, the
receiver of the Cargo, any person, including any
corporation, company or other legal entity, owning or
entitled to the possession of the Cargo or
this Non-Negotiable Bill of Lading or anyone acting on
behalf of any such person. "Multi-Modal Transportation"
means the Carriage of Cargo under this Non-Negotiable Bill
of Lading by a Vessel and one or more inland carriers for a
single freight charge to the Merchant. "Non-Negotiable"
means that this Bill of Lading is not a document of title,
unless the words "TO ORDER" appear in the consignee box on
the face hereof. "Subcontractor" shall include direct and
indirect subcontractors of the Carrier and their
respective servants and agents, including, but not limited
to, warehousemen, stevedores, container freight stations,
and motor truck carriers. "Vessel" includes the vessel set
forth on the front page hereof, as well as any vessel, ship,
craft, lighter or other means of transport, which is or
shall be substituted, in whole or in part, for the vessel
set forth on the front face hereof.
 
1. Applicability
 
These Terms and Conditions shall apply to all modes of
Carriage utilized to transport the Cargo, and the Carrier's
responsibility to the Merchant for the Cargo shall
terminate at the time of delivery under Clause 12.
 
2. Issuance of this Non-Negotiable Bill of Lading
 
2.1. By issuance of this Non-Negotiable Bill of Lading,
the Carrier undertakes to perform and/or in its own name to
procure the performance of the entire Carriage, from the
place at which the Carrier takes charge of the Cargo
(place of receipt evidenced in this Non-Negotiable Bill of
Lading) to the place of delivery designated in this
Non-Negotiable Bill of Lading;
 
2.2.The information in this Non-Negotiable Bill of Lading
shall be prima facie evidence of the taking in charge by the
Carrier of the Cargo as described by such information
unless a contrary indication, such as "shipper's weight,
load and count", "shipper-packed container" or similar
expressions, has been made in the printed text or
written on this Non-Negotiable Bill of Lading.
 
3. Agreement to Terms and Conditions
 
The Merchant warrants that it is authorized to arrange
for the Carriage of the Cargo and accepts the Terms and
Conditions of this Non-Negotiable Bill of Lading.
 
4. Dangerous or Hazardous Goods and Indemnity
 
4.1. The Merchant shall comply with mandatory rules
according to the applicable national law or by reason of
international convention relating to the Carriage of
goods of a dangerous or hazardous nature, and shall in any
case inform the Carrier in writing of the exact nature of
the danger or hazard, before Cargo of a dangerous or
hazardous nature is taken in charge by the Carrier and
indicate to it the precautions to be taken.
 
4.2. If the Merchant fails to provide such information
and the Carrier is unaware of the dangerous or hazardous
nature of the Cargo and the necessary precautions to be
taken, and if, at any time, it is deemed to be a hazard to
life or property, the Cargo may at any place be unloaded,
destroyed or rendered harmless, as circumstances may
require, without compensation. The Merchant shall indemnify
the Carrier against all loss, damage, liability, or
expense arising out of such dangerous or hazardous Cargo
being taken in charge, or its Carriage, or of any service
incidental thereto. The burden of proving that the
Carrier knew the exact nature of the danger constituted by
the Carriage of the said Cargo shall be on the Merchant.
 
4.3. If any Cargo shall become a danger to life or property,
it may in like manner be unloaded or landed at any place
or destroyed or rendered harmless. If such danger was
not caused by the fault and neglect of the Carrier, it shall
have no liability and the Merchant shall indemnify the
Carrier against all loss, damage, liability and expense
arising therefrom.
 
5. Description of Cargo and Merchant's Packing and
Inspection
 
5.1. The Merchant shall be deemed to have guaranteed to
the Carrier the accuracy, at the time the Cargo was taken
into the charge of the Carrier, of all particulars
relating to the general nature of the Cargo, including,
without limitation, its marks, number, weight, volume and
quantity and, if applicable, the dangerous character of
the Cargo, as furnished by the Merchant or on its behalf for
insertion on the Non-Negotiable Bill of Lading. The Merchant
shall indemnify the Carrier against all loss, damage and
expense resulting from any inaccuracy or inadequacy of such
particulars. The Merchant shall remain liable even if
the Non-Negotiable Bill of Lading has been transferred
by the Merchant.
 
5.2. a) The Merchant agrees that it shall inspect the
Container before loading the Cargo and shall warrant and
certify to the Carrier that the Container is in satisfactory
condition and fit for the stowage of the Cargo. b) The
Carrier shall not be liable for any damage, delay, expense
or loss of the Cargo caused by defective or insufficient
packing of Cargo or by inadequate loading or packing within
Containers or other transport units when such loading or
packing has been performed by the Merchant or on its behalf
by a person other than the Carrier. The Carrier shall not be
liable for any damage, delay, expense or loss of the Cargo
caused by the defect or unsuitability of the Containers or
other transport units supplied by the Merchant, or if
supplied by the Carrier if a defect or unsuitability of the
Container or other transport unit would have been apparent
upon reasonable inspection by the Merchant. The Merchant
shall indemnify the Carrier against all loss, damage,
liability and expense so caused.
 
6. Carrier's Liability
 
6.1. Arrival times are not guaranteed by the Carrier.
 
6.2. If the Cargo has not been delivered within ninety days
of the anticipated date of delivery, the Cargo shall be
deemed lost, in the absence of evidence to the contrary.
 
6.3. When the Carrier establishes that damage, delay,
expense or loss of the Cargo could be attributed to one
or more causes or events specified in a - e of the present
clause, it shall be presumed that it was so caused, always
provided, however, that the claimant shall be entitled
to prove that the loss or damage was not, in fact, caused
wholly or partly by one or more of such causes or events:
a) an act or omission of the Merchant, or person other than
the Carrier acting on behalf of the Merchant or from which
the Carrier took the Cargo in its charge; b) insufficiency
or defective condition of the packaging or marks and/or
numbers; c) handling, loading, stowage or unloading of the
Cargo by the Merchant or any person acting on behalf of
the Merchant; d) inherent vice of the Cargo; e) strike,
lockout, stoppage or restraint of labor.
 
6.4. Notwithstanding Clauses 6.2 and 6.3 the Carrier shall
not be liable for damage, delay, expense or loss of the
Cargo with respect to Cargo carried by sea, inland
waterways, motor carrier or rail when such damage, delay,
expense or loss of the Cargo has been caused by: a) act,
neglect, or default of the master, mariner, pilot or the
servants of the Carrier in the navigation or in the
management of the ship; b) fire, unless caused by the actual
fault or privity of the carrier, however, always provided
that whenever loss or damage has resulted from
unseaworthiness of the ship, the Carrier can prove that due
diligence has been exercised to make the ship seaworthy at
the commencement of the voyage.
 
7. Paramount Clauses
 
7.1. These Terms and Conditions shall only take effect
to the extent that they are not contrary to international
conventions or national law compulsorily applicable to
the contract evidenced by this Non-Negotiable Bill of
Lading.
 
7.2. The Hague Rules contained in the International
Convention for the Unification of Certain Rules Relating
to Bills of Lading, dated Brussels 25th August 1924, or in
those countries where they are already in force the
Hague-Visby Rules contained in the Protocol of Brussels,
dated 23rd February 1968, as enacted in the country of
shipment, shall apply to all Carriage of Cargo by sea and
also to the Carriage of Cargo by inland waterways, and such
provisions shall apply to all Cargo whether carried on deck
or under deck.
 
7.3. The United States of America Carriage of Goods by
Sea Act ( COGSA ), 46 U.S.C. section 1300 et seq., shall
apply to the carriage of the Cargo by sea in foreign
trade, whether on deck or under deck, if compulsorily
applicable to this Non-Negotiable Bill of Lading or would be
applicable but for the goods being carried on deck in
accordance with a statement on this Non-Negotiable Bill of
Lading.
 
7.4. Merchant expressly agrees to a waiver of the United
States of America Carmack Amendment, ( Carmack ) 49
U.S.C. sections 14706 and/or 11706 liability scheme if
Carmack is compulsorily applicable to any stage of the
Multi-Modal Transportation.
 
8. Limitation of Carrier's Liability
 
8.1. The value of Cargo lost, damaged, or delayed shall
be determined by the commercial invoice value of the Cargo
at the port of exportation or the entered value declared
to the Customs officials at the port of importation,
whichever is less.
 
8.2. The Carrier does not undertake the Cargo shall arrive
at the port of discharge or place of delivery at any
particular time or to meet any particular market. The
Carrier shall in no circumstances be liable for any
indirect or consequential loss caused by delay or any
other cause.
 
8.3. When an ocean container or trailer or similar
conveyance is loaded with more than one package or unit,
such ocean container or trailer or similar conveyance shall
be deemed the package or unit.
 
8.4. In the event of damage or loss occurring during ocean
transportation moving between ports of the United States,
COGSA shall not apply but rather the U.S. Harter Act
shall apply, 46 U.S.C. section 190 et seq., and the
liability of the Carrier shall not exceed $50 per shipment
unless the nature and value of the Cargo have been declared
by the Merchant and inserted in this Non-Negotiable Bill of
Lading and the ad valorem freight rate paid.
 
8.5. In the event of damage or loss occurring during ocean
transportation moving to or from the United States in
foreign trade, the liability of Carrier shall not exceed
U.S.$500 per package or unit unless the nature and value
of the Cargo have been declared by the Merchant and inserted
in this Non-Negotiable Bill of Lading and the ad valorem
freight rate paid.
 
8.6. When it cannot be ascertained at what stage of the
Multi-Modal Transportation the damage or loss of the Cargo
occurred the damage shall be presumed to have occurred
before loading on the vessel or after discharge from the
vessel and unless the nature and value of the Cargo have
been declared by the Merchant and inserted in this Non-
Negotiable Bill of Lading, and the ad valorem freight
rate paid, the liability of the Carrier shall not exceed
U.S.$500 per package or unit or U.S.$0.50 per lbs. of gross
weight of the Cargo lost, damaged or delayed, whichever
is less.
 
8.7. When the damage, delay, expense, or loss of the
Cargo occurred during a particular stage of the Multi-Modal
Transportation, in respect of which an applicable
international convention or mandatory national law governs,
liability for such loss or damage shall be determined by
reference to the provisions of such international convention
or mandatory national law.
 
8.8. If the Carrier selects a motor or rail carrier to
perform any portion of the Multi-Modal Transportation in
the United States of America, the Merchant agrees to a
waiver of Carmack liability and any time-for-suit provisions
to the extent Carmack may apply. Unless the nature and value
of the Cargo have been declared by the Merchant and inserted
in this Non-Negotiable Bill of Lading, and the ad valorem
freight rate paid, the liability of the Carrier shall
not exceed U.S.$500 per package or unit or U.S.$0.50 per
lbs. of gross weight of the Cargo lost, damaged or delayed,
whichever is less.
 
8.9. Subject to the provisions 8.1 through 8.8 the
Carrier shall in no event be or become liable for any
loss of damage to
the goods in an amount exceeding the equivalent of
666.67 SDR per package or unit or 2 SDR per kilogram of
gross
weight of the goods lost or damaged, whichever is the
higher, unless the nature and value of the goods shall
have been
declared by the Merchant and accepted by the Carrier
before the goods have been taken in his charge, or the
ad
valorem freight rate paid, and such value is stated in
the Non-Negotiable Bill of Lading by the Merchant, then
such
declared value shall be the limit.
 
8.91. The aggregate liability of Carrier shall not
exceed the limits of liability for total loss of the
goods.
 
9. Applicability to All Actions
 
These Terms and Conditions apply to all claims against
the Carrier relating to the performance of the contract
evidenced
by this Non-Negotiable Bill of Lading, whether the claim
is founded in contract or in tort, including, but not
limited to,
claims for indemnity and contribution.
 
10. Liability of Subcontractors, Servants, Agents, or
Other Persons
 
10.1. These Terms and Conditions apply whenever claims
relating to the performance of this Non-Negotiable Bill
of
Lading are made against any Subcontractor, servant,
agent or other person (including any independent
contractor)
whose services have been used in order to perform the
contract of carriage, whether such claims are founded in
contract
or in tort, including, but not limited to, claims for
indemnity and contribution and the aggregate liability
of the Carrier and
of such Subcontractors, servants, agents or other
persons shall not exceed the limits set forth in Clause
8.
 
10.2. In entering into this contract as evidenced by
this Non-Negotiable Bill of Lading, the Carrier, to the
extent of these
provisions, does not only act on its own behalf, but
also as agent for the class of persons identified in
Clause 10.1, and
such persons shall to that extent be or be deemed to be
parties to this contract.
 
10.3. If the loss of or damage to the Cargo resulted
from an intentional act or omission of the class of
persons identified
in Clause 10.1, done with intent to cause damage, or
recklessly and with knowledge that damage would probably
result,
such Subcontractor, servant, agent or other person shall
not be entitled to the benefit of the limitation of
liability set forth
in Clause 8.
 
10.4. The aggregate of the amounts recoverable from the
Carrier and the class of persons identified in Clause
10.1 shall
not exceed the limits provided for in these Terms and
Conditions.
 
11. Method and Route of Transportation
 
Without notice to the Merchant, the Carrier has the
liberty to carry the Cargo on or under deck and to
choose or
substitute the means, route, and procedure to be
followed in the handling, stowage, storage, and
transportation of the
Cargo.
 
12. Delivery
 
12.1. The Cargo shall be deemed to be delivered when it
has been delivered to or placed at the disposal of the
Merchant
or its agent in accordance with this Non-Negotiable Bill
of Lading, or when the Cargo has been delivered to any
authority
or other party to which, pursuant to the law or
regulation applicable at the place of delivery, the
Cargo must be delivered,
or such other place at which the Carrier is entitled to
call upon the Merchant to take delivery.
 
12.2. The Carrier shall also be entitled to store the
Cargo at the sole risk of the Merchant, and the
Carrier's liability shall
cease upon the Carrier s tender/delivery of the Cargo to
the appointed warehouse or storage facility. The cost of
such
storage shall be paid, upon demand, by the Merchant to
the Carrier.
 
12.3. If at any time the Carriage under this
Non-Negotiable Bill of Lading is or is likely to be
affected by any hindrance or
risk of any kind (including the condition of the Cargo)
not arising from any fault or neglect of the Carrier or
a
Subcontractor that cannot be avoided by the exercise of
reasonable diligence, the Carrier may: abandon the
Carriage of
the Cargo under this Non-Negotiable Bill of Lading and,
where reasonably practicable, place the Cargo or any
part of it at
the Merchant's disposal at any place that the Carrier
may deem safe and convenient, whereupon delivery shall
be
deemed to have been made, and the responsibility of the
Carrier in respect of such Cargo shall cease. In any
event, the
Carrier shall be entitled to full freight under this
Non-Negotiable Bill of Lading and the Merchant shall pay
any additional
costs arising out of the aforementioned circumstances.
 
12.4 If this document constitutes a negotiable bill of
lading, all original bills of lading, properly endorsed,
must be
surrendered when the cargo is delivered. If the person
receiving the Goods from the Carrier wishes to surrender
fewer
than all the original bills of lading that were issued,
and if the Carrier agrees to deliver against fewer than
all the originals,
the person receiving the Goods hereby agrees to
indemnify the Carrier against all damages which the
Carrier may be
liable to pay as a result of delivering the Goods
without surrender of all original bills of lading.
 
13. Freight Charges and Expenses
 
13.1. Freight charges shall be paid without any
reduction or deferment on account of any claim,
counterclaim or set-off,
whether prepaid or payable at destination. Freight
charges shall be deemed earned by the Carrier upon its
receipt of the
Cargo. Earned freight charges are non-refundable.
 
13.2. Freight charges and all other amounts set forth in
this Non-Negotiable Bill of Lading are to be paid in the
currency
named in this Non-Negotiable Bill of Lading or, at the
Carrier's option, in the currency of the country of
origin or
destination.
 
13.3. The Merchant shall reimburse the Carrier for any
duties, taxes, demurrage, detention, charges or other
expenses in
connection with the Cargo.
 
13.4. The Merchant shall reimburse the Carrier for any
costs for deviation or delay or any other increase of
costs of
whatever nature caused by war, military or warlike
actions, epidemics, riots, strikes, government
directions or force
majeure.
 
13.5. The Merchant warrants the accuracy of the
declaration of contents, weight, measurements or value
of the Cargo,
but the Carrier has the liberty to have the contents
inspected and the weight, measurements or value
verified. If on such
inspection it is found that the declaration is not
correct, it is agreed that a sum equal either to five
times the difference
between the correct figure and the freight charges, or
to double the correct freight charges less the freight
charged,
whichever sum is less, shall be payable as liquidated
damages to the Carrier for its inspection costs and
losses of freight
charges on other Cargo notwithstanding any other sum
having been stated on this Non-Negotiable Bill of Lading
as
freight charges payable.
 
13.6. Despite the acceptance by the Carrier of
instructions to collect freight charges or other
expenses from any other
person in respect of the transport under this
Non-Negotiable Bill of Lading, the Merchant shall remain
responsible for
such monies on receipt of evidence of demand and the
absence of payment for whatever reason. Shipper,
consignee,
and bill-to party are jointly and severally liable for
all charges related to this shipment. Charges may be
reversed to the
responsible parties if shipment is refused or payment is
not made by the original bill-to party.
 
14. Lien
 
14.1. The Carrier shall have a lien on any and all of
the Merchant s property for all advances, claims, costs,
freight
charges, duties, taxes, demurrage, money and liabilities
due and payable to the Carrier whether or not relating
to this
particular bill of lading, including any lien and
collection related costs. The lien on the Cargo shall
survive delivery to the
Merchant. Carrier may sell the Cargo privately or by
public auction without notice to the Merchant. If on
sale of the Cargo
the proceeds fail to satisfy the amount due, and the
cost and expenses incurred, the Carrier shall be
entitled to recover
any difference from the Merchant.
 
14.2. If the Cargo is unclaimed after 30 days from date
the Cargo is placed at the disposal of the Merchant, or
whenever
in the Carrier s judgment the Cargo will become
deteriorated, decayed or worthless, the Carrier may, at
its discretion and
subject to its lien and without any responsibility
attaching to it, sell, abandon, or otherwise dispose of
such Cargo solely
at the risk and expense of the Merchant.
 
15. General Average
 
The Merchant shall indemnify the Carrier in respect of
any claims of a General Average nature that may be made
on it
and shall provide such security as may be required by
the Carrier in that connection.
 
16. Notice
 
16.1. Unless the Merchant provides written notice to the
Carrier of the general nature of any loss or damage to
the Cargo
at the time that the Carrier delivers the Cargo to the
Merchant in accordance with Clause 12, such delivery by
the Carrier
is prima facie evidence of the Carrier s delivery of the
Cargo in good order and condition.
 
16.2. Where the loss or damage is not apparent and/or
latent, the same prima facie presumption shall apply if
notice in
writing is not given within 3 days after the day when
the Cargo was delivered to the Merchant in accordance
with Clause
12.
 
17. Time bar
 
The Carrier shall be discharged of all liability unless
suit is brought against the Carrier within one year from
the date of
delivery or the date on which the Cargo should have been
delivered.
 
18. Partial Invalidity
 
If any clause or a part thereof is held to be invalid,
the validity of this Non-Negotiable Bill of Lading and
the remaining
clauses or a part thereof shall not be affected.
 
19. Mandatory Venue, Jurisdiction, and Applicable Law
 
Merchant agrees that all claims or disputes hereunder or
questions arising out of the Carriage of Cargo shall be
determined solely in the United States District Court
for the Central District of California, to the exclusion
of all other
courts, and the Merchant and Carrier each agree to
submit to the personal jurisdiction of that court;
provided, however,
where the Vessel operator issues a bill of lading for
the transportation of the Cargo that includes a
mandatory venue
clause for a mandatory venue other than the United
States District Court for the Central District of
California, the
Merchant expressly agrees to be bound by the mandatory
venue clause of the Vessel operator s bill of lading for
any
claims, disputes, or questions that the Merchant has
against the Carrier and any Subcontractor. Merchant
agrees that
equity and judicial efficiency require that a single
action shall resolve all claims, disputes, or questions
arising out of the
Carriage of Cargo. ID07659
 

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