RULE: 8 - BILL(S) OF LADING TERMS AND CONDITIONS Eff: 23DEC2015

Effective 23DEC2015
Filed 23DEC2015
Filing Codes I

All cargo transported under the rates, charges, terms and
conditions named in this Tariff shall be held, carried and
delivered SBJ to the provisions of Carrier's applicable
Long Form B\L, the terms and conditions of which are shown
below.
     
a. When issued, all B/Ls MUST show the name and address of
   both the Shipper/Consignor and the Consignee; the total
   weight and total measurement of each piece, package or
   unit of cargo in the shipment, except in the case of FCL
   shipments, only the total shipment weight and
   measurement must be shown; and on shipments consigned
   "TO ORDER," the name and address of the party to be
   notified MUST also appear.
     
b. Shippers/Consignors requiring that the Original B/L,
   properly endorsed, be surrendered to the Carrier before
   delivery is accomplished, MUST secure an ORDER B/L.
     
c. The Terms and Conditions of Carrier's regular long form 
   B/L are as follows:
     
BILL OF LADING - TERMS AND CONDITIONS
          
Clause Paramount 
1. (a) Except as otherwise provided herein this Bill of Lading shall
have effect subject to the provisions of the Carriage of Goods by Sea
Act of the United States of America approved April 16, 1936, which
shall be deemed to be incorporated herein. The provisions stated in
said Act (except as otherwise specifically provided herein) shall
govern before loading on and after discharge from the vessel and
throughout the entire time the Goods are in the custody of the
carrier.
   (b) The Carrier shall be entitled to the full benefit of and right
to all limitations of, or exceptions from liability authorized by any
provision of Sections 4281 to 4288 inclusive, of the Revised Statutes
of the United States and amendments thereto and of any other
provisions of the laws of the United States or of any other country
whose laws shall apply.
Definitions
          
2. In this Bill of Lading
 (a) "Carrier" means the Carrier named on the face side hereof, the
vessel, her owner, Master, operator, demise charterer and if bound
hereby, the time charterer, and any substitute Carrier whether the
owner, operator, charterer or Master shall be acting as carrier or
bailee.
 (b) "Vessel" means and includes the ocean vessel on which the Goods
are shipped, named on the face hereof, or any substitute vessel, also
any feeder ship, ferry, barge, lighter or any other watercraft used
by the Carrier in the performance of this contract. 
 (c) "Merchant" means and includes the shipper, the consignee, the
receiver, the holder of this bill of lading, the owner of the Goods
or person entitled to the possession of the Goods and the servants or
agents of any of these.
 (d) "Charges" means and includes freight and all expenses and money
obligations incurred and payable by the Merchant.
 (e) "Goods" means and includes the cargo received from the shipper
and described on the face side hereof and any Container not supplied
by or on behalf of the Carrier.
 (f) "Container" means and includes any container, van, trailer,
transportable tank, flat, pallet or any similar article of transport.
 (g) "Person" means and includes any individual, corporation,
partnership or other entity as the case may be.
 (h) "Participating Carrier" means and shall include any other water,
land or air carrier performing any stage of the Combined Transport.
          
Subcontracting
3. It is understood and agreed that other than the said Carrier no
person whatsoever (including the Master, officers and crew of the
vessel, all servants, agents, employees, representatives, and all
stevedores, terminal operators, crane operators, watchmen,
carpenters, ship cleaners, surveyors and other independent
contractors whatsoever) is or shall be deemed to be liable with
respect to the goods as carrier, bailee or otherwise howsoever, in
contract or in tort. If, however, it should be adjudged that any
other than said carrier is under any responsibility with respect to
the Goods, all limitations or exonerations from liability provided by
law or by the terms hereof shall be available to such other persons
as herein described. In contracting for the foregoing exemptions,
limitations and exonerations from liability, the Carrier is acting as
agent and trustee for and on behalf of all persons described above,
all of whom shall to this extent be deemed to be a party to this
contract evidenced by this Bill of Lading, it being always understood
that said beneficiaries are not entitled to any greater or further
exemptions, limitations or exonerations from liability than those
that the Carrier has under this Bill of Lading in any given
situation.
          
Determination of Loss
4. Subject to all rights, privileges and limitations of and
exonerations from liability granted to the ocean carrier under this
Bill of Lading or by law, any liability by the respective
participating carriers for loss or damage to the Goods or packages
carried hereunder shall be governed by the following:
 (a) If loss or damage occurs while the goods or packages are in the
custody of the ocean carrier, only the ocean carrier shall be
responsible therefore, and any liability of the ocean carrier shall
be determined by the terms and conditions of this Bill of Lading and
any law compulsorily applicable.
 (b) If loss or damage occurs while the Goods or packages are in the
custody of a participating domestic or foreign Carrier, only the
participating domestic or foreign Carrier(s) shall be responsible
therefore, and any liability of such participating domestic or
foreign Carrier(s) shall be determined, in respective order, by the
terms, conditions and provisions of the applicable participating
domestic or foreign Carrier's Bill(s) of Lading, whether issued or
not, tariff(s) and law compulsorily applicable in the circumstances.
 (c) Notwithstanding subdivision (a) and (b) hereof, it is
contemplated that the Goods or packages will from time to time be
carried in through transportation that will include inland
transportation within the United States by Railroad, Truck and sea
carriage by one or more of the other Carriers above defined. (When
used on or endorsed on this Bill of lading the words "on board" shall
mean and include on board the original carrying Vessel when the Goods
or packages are being transported from a foreign port or place to the
continental United States, but when the Goods or packages are being
transported from the continental United States to a foreign port or
place "on board" shall mean and include on board a rail car operated
by the originating carrier and en route by rail to the port of
loading for loading on board the Carrier's or participating Carrier's
vessel.)
 (d) If loss or damage occurs after receipt of the Goods or packages
hereunder, and it cannot be determined from the records of the ocean
Carrier or participating domestic or foreign Carrier(s) whether such
damage or loss occurred during ocean domestic or foreign carriage, it
shall be conclusively presumed that the loss or damage occurred on
board the vessel and while the Goods or packages were in the custody
of the ocean Carrier.
 (e) At all times when the Goods or packages are in the custody of
the above mentioned participating domestic or foreign Carriers, such
Carriers shall be entitled to all the rights, defenses, exceptions
from or limitations of liability and immunities of whatsoever nature
referred to or incorporated herein applicable or granted to the
Carrier as herein defined, to the full extent permitted to such
domestic and foreign Carriers under this Bill(s) of Lading, tariffs
incorporated herein and any other laws applicable or relating
thereto, provided however, that nothing contained in this Bill of
Lading shall be deemed a surrender by these domestic or foreign
Carriers of any of their rights and immunities or an increase of any
of their limitations of and exoneration from liability under their
said Bill(s) of Lading, tariffs or laws applicable or relating to
said carriage.
 (f) In making any arrangement for transportation by participating
domestic or foreign Carriers of the Goods or packages carried
hereunder, either before or after ocean carriage, it is understood
and agreed that the ocean Carrier acts solely as agent of the
Merchant, without any other responsibility whatsoever, and it assumes
no responsibility as Carrier for such domestic or foreign
transportation.
 (g) Notice of loss or damage and claim against the ocean Carrier,
where applicable, shall be given to the ocean Carrier and suit
commenced as provided for in Clauses 27 and 28 hereof. Notice of loss
or damage against the participating domestic or foreign
Carrier(s)where applicable, shall be filed with the participating
domestic or foreign Carrier(s) and suit commenced as provided for in
the terms, conditions and provisions of said Carrier(s) Bill(s) of
Lading or by law applicable thereto. It is understood by the Merchant
that such terms conditions and provisions as they pertain to notice
of and claim for, loss or damage and commencement of suit, contain
different requirements than those requirements pertaining to ocean
Carriage as contained in Clauses 27 and 28 hereof.
          
Tariff
5. The goods carried hereunder are subject to all the terms and
provisions of Carrier's applicable Tariff or Tariffs on file with the
federal Maritime Commission or any other regulatory body which
governs a particular portion of this carriage, and the terms and
provisions of the said Tariff or Tariffs are hereby incorporated
herein as part of the Terms and Condition of this Bill of Lading.
Copies of the relevant provisions of the applicable Tariff or Tariffs
are obtainable from the Carrier, Federal Maritime Commission or other
regulatory body upon request. In the event of any conflict between
the terms and provisions of such Tariff or Tariffs and the Terms and
Conditions of this Bill of Lading, this Bill of Lading shall prevail.
          
Merchant Warranty
6. The merchant warrants that in agreeing to the Terms and Conditions
hereof, he is, or has the authority of the person owning or entitled
to the possession of the Goods and this Bill of Lading.
          
Subcontracting
7. The carrier shall be entitled to sub-contract on any terms the
whole or any part of the carriage, loading, unloading, storing,
warehousing, handling and any and all duties whatsoever undertaken by
the Carrier in relations to the Goods. As to through transportation,
the Carrier undertakes to procure such services as necessary and
shall have the right at its sole discretion to contact any mode of
land, sea or air transportation and to arrange participation by other
Carriers to accomplish the combined transport from place of receipt
to place of delivery. Whenever any stage of the combined transport is
accomplished by any land or air Carrier or any other water carrier,
each such stage shall be controlled according to any law compulsorily
applicable to such stage and according to the contracts, rules and
tariffs of each participating Carrier, the same as if such contracts,
rules and tariffs were fully set forth herein.
          
Right of Inspection
8. The Carrier shall be entitled but under no obligation to open any
Container at any time and to inspect the contents. If it thereupon
appears that the contents of any part thereof cannot safely or
properly be carried or carried further, either at all or without
incurring any additional expense or taking any measures in relation
to the Container or its contents or any part thereof, the Carrier may
abandon the transportation thereof and/or take any measures and/or
incur any reasonable additional expenses to carry or to continue the
carriage or to store the same ashore, afloat, under cover or in the
open, at any place, which storage shall be deemed to constitute due
delivery under this Bill of Lading. The Merchant shall indemnify the
Carrier against any reasonable additional expense so incurred.
          
Containers
9. Carrier may containerize any Goods or packages. Containers may be
stowed on deck or under deck and when so stowed shall be deemed for
all purposes to be stowed under deck, including for General Average
and U.S. Carriage of Goods by Sea Act. 1936 and similar legislation.
          
Deck Cargo
10. Deck cargo (except goods carried in containers on deck) and live
animals are received and carried solely at Merchant's risk (including
accident or mortality of animals) and the Carrier shall not in any
event be liable for any loss or damage thereto arising or resulting
from any matter mentioned in Section 4, Sub Section 2(a) to (p),
inclusive, of the United States Carriage of Goods by Seas Act or from
any other cause whatsoever not due to the fault of the Carrier, any
warranty of seaworthiness in the premises being hereby waived, and
the burden of proving liability being in all respects upon the
Merchant. Except as provided above, such shipments shall be deemed
Goods and shall be subject to all terms and provisions of this Bill
of Lading relating to Goods.
          
Special Containers 
11. Special containers with heating or refrigeration units will not
be furnished unless contracted for expressly in writing at time of
booking and, when furnished, may entail an increased freight rate or
change. Shippers shall advise Carrier of desired temperature range
when delivering Goods to Carrier, and Carrier shall exercise due
diligence to maintain the temperature within a reasonable range while
the containers are in its custody or control. The Carrier does not
however accept any responsibility for the functioning of heated or
refrigerated containers not owned or leased by Carrier.
          
Scope of Voyage
12. The scope of the voyage herein contracted for shall include usual
or customary or advertised ports of call whether named in this
contract or not, also ports in or out of the advertised geographical
or usual route or order, even though in proceeding thereto, the
vessel may sail beyond the port of discharge named herein or in a
direction contrary thereto or return to the original port, or depart
from the direct or customary route and includes all canals, straits,
and other waters. The vessel may call at any port for the purposes of
the current, prior or subsequent voyages. The vessel may omit calling
at any port whether scheduled or not and may call at the same port
more than once, may discharge the goods during the first or
subsequent call at the port of discharge, may for matters occurring
before or after loading, and either with or without the goods on
board, and before or after proceeding towards the port of discharge,
adjust compasses, dry dock with or without cargo on board, stop for
repairs, shift berths, make trial trips or test, take fuel or stores,
remain in port, be on bottom, aground or at anchor, sail with or
without pilots, tow and be towed, and save or attempt to save life or
property, and all of the foregoing are included in the contract
voyage. The vessel may carry contraband, explosives, munitions,
warlike stores, hazardous cargo, and sail armed or unarmed, and with
or without convoy. The Carrier's sailing schedules are subject to
change without notice both as to the sailing date and date of
arrival. If this is a Through Bill of Lading, no Carrier is bound to
transport the shipment by any particular train, truck, aircraft,
vessel or other means of conveyance, or in time for any particular
market or otherwise. No carrier shall be liable for delay.
          
Voyage Frustration
13. If at any time the performance of the contract evidenced by this
Bill of Lading is or is likely to be affected by any hindrance, risk,
delay, difficulty, or disadvantage of whatsoever kind which cannot be
avoided by the exercise of reasonable endeavors, the Carrier (whether
or not the transport is commercial) may without notice to the
Merchant treat the performance of this contract as terminated and
place the Goods or any part of them at the Merchant's disposal at any
place or port which the Carrier may deem safe and convenient,
whereupon the responsibility of the Carrier in respect of such Goods
shall cease. The carrier shall nevertheless be entitled to full
freight and charges on Goods received for transportation and the
Merchant shall pay any additional costs of carriage to and delivery
and storage at such place or port.
          
Safe Berth
14. If the Carrier makes a special agreement, whether by stamp hereon
or otherwise, to deliver the Goods at a specified dock or place, it
is mutually agreed that such agreement shall be construed to mean
that the Carrier is to make such delivery only if, in the sole
judgment of the Carrier the vessel can get to be at, and leave said
dock or place always safely afloat and only if such dock or place is
available for immediate receipt of the Goods and that otherwise
provided in this Bill of Lading, whereupon all responsibility of
Carrier shall cease.
          
Loading/Discharge
15. The port authorities are hereby authorized to grant a general
order for discharging immediately upon arrival of the vessel and the
Carrier without giving notice either on arrival or discharge, may
immediately upon arrival of the vessel at the designated destination,
discharge the goods continuously, Sundays and holidays included, at
all such hours by day or by night as the Carrier may determine no
matter what the state of the weather or custom of the port may be.
The Carrier shall not be liable in any respect whatsoever if heat or
refrigeration or special cooling facilities shall not be furnished
during loading or discharge or any part of the time that the good are
upon the wharf, craft or other loading or discharging place. Landing
and delivery charges and pier dues shall be at the expense of the
Goods unless included in the freight herein provided for. If the
Goods are not taken away by the consignee by the expiration of the
next working day after the goods are at his disposal, the Goods may,
at Carrier's option and subject to the Carrier's lien be sent to
store or warehouse or be permitted to lie where landed, but always at
the expense and risk of the Goods. The responsibilities of the
Carrier in any capacity shall altogether cease and the Goods shall be
considered to be delivered and at their own risk and expense in every
respect when taken into the custody of Customs or other Authorities,
or into that of any municipal or government concessionaire or
depository. The Carrier shall not be required to give any
notification of disposition of the Goods, except as may be otherwise
provided in this Bill of Lading.
          
Lightering
16. At ports or places where, by local law, authorities, or custom,
the Carrier is required to discharge cargo to lighters or other craft
where it has been so agreed, or where wharves are not available which
the ship can get to, be at, or leave always safely afloat, or where
conditions prevailing at the time tender discharge at a wharf
dangerous, imprudent, or likely to delay the vessel, the Merchant
shall promptly furnish lighters or other craft to take delivery
alongside the ship the risk and expense of the Goods. If the Merchant
fails to provide such lighters or other craft, Carrier, acting solely
as agent for the Merchant, may engage such lighters, or other craft,
at the risk and expense of the Goods. Discharge of the Goods into
such lighters or other craft shall constitute proper delivery, and
any further responsibility of Carrier with respect to the goods shall
thereupon terminate.
          
Government Order
17. The Carrier shall have liberty to comply with any order or
directions or recommendations in connection with this transport under
this contract of carriage given by any Government or Authority or
anyone acting or purporting to act on behalf of such Government or
Authority, or having, under the terms of the mortgage or insurance on
the vessel or other transport, the right to give such orders,
directions or recommendations, Discharge or delivery of the Goods in
accordance with the said order, directions or recommendations shall
be deemed a fulfillment of the contract. Any extra expense incurred
in connection with the exercise of the Carrier's liberty under this
clause shall be paid by the Merchant in addition to freight and
charges.
          
Right to Offload
18. In any situation whatsoever and wheresoever occurring and whether
existing or anticipated before commencement of or during the combined
transport, which in the judgment of the Carrier or the Master is
likely to give rise to risk if capture, seizure, detention, damage,
delay or disadvantage or loss to the Carrier of any part of the Goods
to make it unsafe, imprudent or unlawful for any reason to receive,
keep, load, or carry the goods, or commence or proceed on or continue
the transport or to enter or discharge the goods or disembark
passengers at the port of discharge, or the usual or agreed or
intended place of discharge or delivery, or to give rise to delay, or
difficulty in proceeding by the usual or intended route, the Carrier
or the Master may decline to receive, keep, load or carry the Goods
or may devan the container(s) contents or any part thereof and may
require the Merchant to take delivery of the Goods at the place of
receipt or any other point in the combined transport and upon failure
to do so, may warehouse the Goods at the risk and expense of the
Goods,, or the vessel, whether or not proceeding toward or entering
or attempting to enter a port of discharge, or reaching or attempting
to reach a usual place of discharge therein or attempting to
discharge the shipment may discharge the Goods and/or devan the
contents of any container(s) at another port, lighter craft, other
place or may forward or transship them as provided in this Bill of
Lading, or the Carrier or the Master may retain the Goods, vanned or
unvanned, on board until the return of the vessel to the port of
loading or to the port of discharge or until such time as the Carrier
or the Master thinks advisable and discharge the Goods at any place
whatsoever as herein provided. The Carrier or Master is not required
to give notice of such devanning or of discharge of the Goods or of
the forwarding thereof as herein provided. When the Goods are
discharged from the ship as herein provided, such shall be at the
risk and expense of the Goods. Such discharging shall constitute
compete delivery and performance under this contract and the Carrier
shall be free from any further responsibility, unless it be shown
that any loss or damage to the Goods arose from Carrier's negligence
in the discharge and delivery as herein provided, the burden of
establishing such negligence being on the Merchant. For any service
rendered to the Goods as herein above provided or for any delay or
expense to the vessel caused as a result thereof, the Carrier shall
be entitled to a reasonable extra compensation, and shall have a lien
on the goods for such charges. Notice of disposition of the Goods
shall be mailed to shipper or consignee named in this Bill of Lading.
Goods shut out from the vessel named herein for any cause may be
forwarded on a subsequent vessel of this type or, at Carrier's
option, on a vessel of another type or by other mode of
transportation.
          
Marks and Merchant Warranties
19. When containers, vans, trailers, transportable tanks, flats,
palletized units, and all other packages (all hereinafter referred to
generically as "cargo units") are not packed or loaded by Carrier,
such cargo units shall be deemed shipped as "Shipper's weight, load
and count." Carrier has no reasonable means of checking the quantity,
weight, condition or existence of the contents thereof, does not
represent the quantity, weight, condition or existence of such
contents, as furnished by the shipper and inserted in this Bill of
Lading to be accurate, and shall not be liable for nonreceipt or
misdescription of such contents. Carrier shall have no liability for
the securing and/or stowage of contents of such cargo units or for
loss or damage caused thereby or resulting there from, or for the
physical suitability or structural adequacy of such cargo units
properly to contain their contents. The Merchant represents,
guarantees and warrants that the goods are properly described,
marked, packed and suitable for transport; that they are shipped in
compliance with all applicable laws and statutes; that they are not
hazardous in any way to other cargo, persons or conveyances; and the
Merchant agrees to indemnify defend and hold harmless carrier for any
and all damage, loss, expense, fine, penalty, personal injury or
death resulting from a breach of said representations, guarantees and
warranties, even without fault of the Merchant. Merchant shall be
responsible for any loss, damages, expense or delay to a container or
cargo unit supplied by carrier and carrier shall have a lien on goods
for same.
          
Liens
20. The Merchant and the Goods themselves shall be liable for and
shall indemnify the Carrier, and the Carrier shall have a lien on the
Goods for all expenses of mending, repairing, fumigating,
repackaging, coopering, baling, reconditioning of the Goods and
gathering of loose contents of packages, also for expenses for
repairing containers damaged while in the possession of the Merchant
for demurrage on containers and any payment, expense, fine, dues,
duty, tax, import, loss, damage or detention sustained or incurred by
or levied upon the Carrier, vessel, or conveyance in connection with
the Goods, howsoever caused, including any action or requirement of
any government or governmental authority or person purporting to act
under the authority thereof, seizure under legal process or attempted
seizure, incorrect or insufficient marking, numbering or addressing
of containers, packages or description of the contents, failure of
the Merchant to procure consular Board of Health or other
certificates to accompany the Goods or to comply with laws or
regulations of any kind imposed with respect to the Goods by the
authorities at any port or place or any act or omission of the
Merchant. The Carriers lien shall survive delivery and may be
enforced by private or public sale and without notice.
          
Freight 
21. Freight shall be payable, at Carriers option, on actual gross
intake weight or measurement or on actual gross discharge weight or
measurement or on a value or other basis. Freight may be calculated
on the basis of the particulars of the Goods furnished by the shipper
herein. Full freight shall be paid on damaged and unsound goods. Full
freight hereunder to place of delivery named herein and advanced
charges (including on-Carrier's) shall be considered completely
earned on receipt of the Goods by the Carrier, whether the freight be
stated or intended to be prepaid or to be collected at destination,
and the Carrier shall be entitled to all freight and charges, extra
compensation, demurrage, detention, General Average, claims and any
other payments made and liability incurred with respect to the Goods,
whether actually paid or not, and to receive and retain them
irrevocably under all circumstances whatsoever vessel, conveyance
and/or cargo lost, damaged or otherwise, or the combined transport
changed, frustrated or abandoned. In case of forced abandonment or
interruption of the combined transport for any cause, any forwarding
of the goods or any part thereof shall be at the risk and expense of
the Goods. All unpaid charges shall be paid in full, without any
offer, counterclaim or deduction in the currency of the place of
receipt, or, at Carrier's option, in the currency of the place of
delivery at the demand rate of New York exchanges as quoted on day of
arrival of the Goods at the place of delivery. The Merchant shall be
jointly and severally liable to the carrier for the payment of all
freight charges and the amount due to 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 expense which the Carrier may sustain or incur arising or
resulting from any such failure of performance by the Merchant. Any
person, firm or corporation engaged by any party to perform
forwarding services with respect to the cargo shall be considered the
exclusive agent of the Merchant for all purposes and any payment of
freight to such person, firm or corporation shall not be considered
payment to the Carrier in any event. Failure of such person, firm or
corporation to pay any part of the freight to the Carrier shall be
considered default by the Merchant in the payment of the freight. The
carrier shall have a lien on the Goods, and freight money and any
documents relating thereof, which shall survive delivery, for all
freight charges and damages of any kind whatsoever, and for the costs
of recovering same, including expenses incurred in preserving this
lien, and may enforce this lien by public or private sale and without
notice. The shipper, consignee, receiver, holder of this Bill of
Lading, owner of the Goods and person entitled to the possession of
the Goods shall be jointly and severally liable to the Carrier for
the payment of all freight charges and damages as aforesaid and for
the performance of the obligations of each of them hereunder.
          
22. Carrier shall not be liable for any consequential or special
damages, loss of profits or damages due to delay and shall have the
option of replacing lost Goods or repairing damaged Goods
          
Fire 
23. Neither the Carrier nor any corporation owned by, subsidiary to
or associated or affiliated with the Carrier shall be liable to
answer for or make good any loss or damage to the goods occurring at
any time and even though before loading on or after discharge from
the ship, by reason or by means of any fire whatsoever, unless such a
fire shall be caused by its design or neglect, or by its actual fault
or privity. In any case where this exemption is not permitted by law,
Carrier shall not be liable for loss or damage by fire unless shown
to have been caused by Carrier's negligence.
          
Both to Blame Collision
24. If the vessel comes into collision with another vessel as a
result of the default or negligence of the other vessel and any act,
neglect or default of the Carrier, Master, mariner, pilot or the
servants of the Carrier in the navigation or in the management of the
vessel, the Merchant will indemnify the 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 the Merchant, paid or payable by the other or
non-carrying vessel or her owners to the 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 vessel or Carrier.
The foregoing provisions shall also apply where the owners, operators
or those in charge of any vessel or objects other than, or in
addition to the colliding vessels or objects are at the fault in
respect of a collision, contact stranding or other accident. The
provision is to remain in effect in other jurisdictions even if
unenforceable in the courts of the United States of America.
          
General Average
25. General average shall be adjusted, stated and settled according
to York Antwerp Rules 1974, except Rule XXII there of, at such port
or place as may be selected by the Carrier and as to matters not
provided for by these Rules, according to the laws and usages of New
York. In such adjustment, disbursements in foreign currencies shall
be exchanged into United States money at the rate prevailing on the
dates made and allowances for damage to cargo claimed in foreign
currency shall be converted at the rate prevailing on the last day of
discharge at the port or place of final discharge of such damaged
cargo from the ship. Average agreement or bond and such additional
security as may be required by the Carrier must be furnished before
delivery of the goods. Such cash deposit as the Carrier on his agents
may deem sufficient as additional security for the contribution of
the Goods, shippers, consignees or owners of the goods to the Carrier
before delivery of the Goods. Notwithstanding anything hereinbefore
contained, such deposit shall at the option of the Carrier be payable
in United States currency, and be remitted to the adjuster pending
settlement of the General Average and refunds of credit balances, if
an, shall be paid in United States currency, and be remitted to the
adjuster pending settlement of the General Average and refunds of
credit balances, if any, shall be paid in United States currency. In
addition to the circumstances dealt with in the 1974 Antwerp rules,
it is agreed that if the Carrier has used due diligence in the
stowage of cargo and if the safe prosecution of the voyage is
thereafter imperiled in consequence of the disturbance of stowage,
the costs of handling, discharge, reloading and restowing cargo shall
be allowed in General Average, even though the handling of cargo is
not necessary for the purposes of effecting repairs to the vessel. In
the event of accident, danger 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 consequences of
which, the Carrier is not responsible by statue, contract or
otherwise, the Goods, the shipper, consignee, receiver, holder of
this Bill of Lading, owner of the Goods and person entitled to the
possession of the Goods, jointly and severally, 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
incurred and shall pay salvage and special charges incurred in
salvage shall be paid for as fully and in the same manner as if such
salving ship or ships were owned or operated by strangers. Cargo's
contribution in General Average shall be paid to the ship owner even
when such average is the result of fault, neglect or error of the
Master, pilot, officers and crew. The merchant expressly renounces
any and all codes, statutes, laws or regulations which might
otherwise apply.
          
Limitations
26. In case of any loss or damage to or in connection with Goods, the
Carrier's liability, if any, shall be determined on the basis of a
value of $500 per package or per shipping unit pro rata in case of
partial loss or damage, unless the nature of the Goods and a
valuation higher than $500 per package or per shipping unit shall
have been declared by the shipper before shipment inserted in this
Bill of Lading, and extra freight paid if required. In such case, if
the actual value of the Goods and a valuation higher than $500 per
package or per shipping unit shall exceed such declared value, the
value shall nevertheless be deemed to be declared value and Carrier's
liability, if any, shall not exceed the declared value and any
partial loss or damage shall be adjusted pro rata on the basis of
such value. Where containers, vans, trailers, transportable tanks,
flats, palletized units and other such packages are not packed by the
Carrier, each individual such container, van, trailer, transportable
tank, palletized unit and other such package including in each
instance it's content, shall be deemed a single package and Carriers
liability limited to $500 with respect to each such package.
          
Notice of Loss
27. As to loss or damage to the Goods or packages occurring or
presumed to have occurred during ocean voyage, unless notice of loss
or damage and the general nature of it be given in writing to the
Carrier or its agent at the port of delivery before or at the time of
the removal of the Goods or packages into the custody of the person
entitled to delivery thereof under this Bill of Lading or, if the
loss or damage be not apparent, within three consecutive days after
delivery at the port of discharge, such removal shall be prima facia
evidence of the delivery by the Carrier of the Goods or packages
described in this Bill of Lading.
          
Time Bar
28. As to loss or damage to the Goods or package occurring or
presumed to have occurred during ocean carriage, the Carrier and the
vessel shall be discharged from all liability in respect of loss,
damage, misdelivery, delay or in respect of any other breach of this
contract and any claim whatsoever with respect to the Goods or
packages, unless suit is brought within one year after delivery of
the Goods or package or the date when the Goods or package should
have been delivered. Suit shall not be deemed brought unless
jurisdiction shall have been obtained over the Carrier and/or the
vessel by service of process or by an agreement to appear.
          
Gold, Silver, etc,
29. 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 therefore 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 put in the actual
possession of and a written receipt therefore 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.
          
Rust
30. It is agreed that superficial rust, oxidation or any like
condition due to moisture or condensation, is not a condition of
damage but is inherent to the nature of the cargo, and acknowledgment
of receipt of the Goods in apparent good order and condition is not a
representation that such conditions of rust, oxidation and the like
did not exist on receipt.
          
Forum
31. Nothing in this Bill of Lading shall operate to deprive the
Carrier of any statutory protection or exemption from, or limitation
of, liability, contained in the laws of the United States, or in the
laws of any other country which may be applicable. This Bill of
Lading shall be construed according to the laws of the United States
and the Merchant agrees that any suits against the carrier shall be
brought in the Federal Courts of the United States. The terms of this
Bill of Lading shall be separable, and if any part of term hereof
shall be held invalid, such holding shall not affect the validity or
enforceability of any other part or term hereof

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