RULE: 8 - BILL(S) OF LADING Eff: 23MAY2022

Effective 23MAY2022
Filed 23MAY2022
Filing Codes I

COMBINED TRANSPORT BILL OF LADING
          
Notwithstanding the heading "Combined Transport Bill of Lading," the
provisions set out and referred to in this document shall also apply
if the transport as described on the face of the Bill of Lading is
performed by one mode of transport only. These provisions constitute
a contract between Merchant and Carrier and may be used by Carrier
only with the consent of the National Customs Brokers and Forwarders
Association of America, Inc.
          
(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 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 is the custody of the Carrier.
          
(2) DEFINITIONS:
    2.1 "Ship" means the vessel named in this Bill of Lading, or any
        conveyance owned, chartered, towed or operated by Carrier or
        used by Carrier for the performance of this contract.
          
    2.2 "Carrier" means WEN-PARKER LOGISTICS, INC. on whose
        behalf this Bill of Lading has been signed.
          
    2.3 "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.
          
    2.4 "Package" is the largest individual unit of 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.
          
    2.5 "Container" includes any container, trailer, transportable
        tank, lift van, flat, pallet, or any similar article of
        transport used to consolidate goods.
          
    2.6 "Carrier's container or carrier's equipment" includes
        containers or equipment owned, leased or used by Carrier in
        the transportation of Merchant's goods.
          
    2.7 "Goods" mean the cargo described on the face 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.
          
(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 under-
taken 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 deemed 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 anytime, 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 endeavors 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 the Carrier is or Will be
affected by any hindrance,, 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 at the contact, Carrier, whether or not
the transport is commenced, 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.
          
    5.3 If, after storage, discharge, or any actions according to
to sub-part 5.2 above Carrier makes arrangements to store and/or
forward the goods, it is agreed that he shall do as only as agent
for and at the sole risk and expense of Merchant without any
liability whatsoever in respect of such agency.
          
    5.4 Carrier, is addition to all other liberties provided for
in this Article, shall have liberty to comply with orders, direction
regulations or suggestions as to navigation or the carriage or
handling of the goads or the ship howsoever given, by any actual or
purported government or public authority, as 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 be liable for loss or damage to the goods
occurring between the time when it takes goods into its custody and
the time of delivery but shall not be liable for any consequential
or special damages arising from such loss as damage.
          
    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 Notwithstanding Section 1 of this Bill at Lading, if the
loss or damage occurred outside of the United States not during sea
carriage and it can be proved where the loss or damage occurred, the
liability of Carrier in respect of such loss or damage shall be
determined by the provisions contained in any international
convention or national law, which provisions:
-cannot be departed from by private contract to the detriment
   of Merchant, and
-would have applied if Merchant had made a separate and direct
   contact with Carder in respect of the particular stage of
   transport where the loss or damage occurred and received
   as evidence thereof any document which must be issued in
   order to make such international convention or national
   law applicable.
          
    6.4 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.
          
    6.5 Carrier doss 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.
          
    6.6 Carrier shall not be liable for any loss or damage arising
from:
    (a) an act or omission of Merchant or person other than Carrier
acting on behalf of Merchant from whom Carrier took the goods in
charge,
    (b) compliance with the instructions of any person authorized
to give them,
    (c) handling. loading, stowage or unloading of the goods by or
on behalf of Merchant,
    (d) inherent vice of the goads or concealed damage to or
shortage of goods packed by Merchant,
    (e) lack or insufficiency of or 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,
    (f) insufficiency or inadequacy of marks or numbers on the
goods, coverings or unit loads,
    (g) fire, unless caused by actual fault or privity of Carrier,
    (h) any cause or event which Carrier could not avoid and the
consequences of which he could not prevent by the exercise of due
diligence.
          
    6.7 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.
          
    6.8 The defenses and limits of liability provided for is 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 Unless otherwise mandated by compulsorily applicable law,
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, unless Merchant, with the consent of
Carrier, has declared a higher value for the goads in the space
provided on the front of this Bill at Lading and paid extra freight
per Carrier's tariff, in which case such higher value shall be the
limit of Carrier's liability.  Any partial loss or damage shall be
adjusted pro rata on the basis of such declared value. 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, except when the Shipper declares the value an the face
hereof and pays additional charges on such declared value as stated
in Carrier's tariff. The freight charged on sealed containers when
no higher valuation is declared by the Shipper is based on a value
of US$500 per container. However, Carrier shall not, in any case,
be liable for an amount greater than the actual loss to the person
entitled to make the claim. Carrier shall have the option of
of replacing lost goads or repairing damaged goods.
          
    7.2 In any case where Carrier's liability for compensation may
exceed the amounts set forth in Section 7.1 above, compensation
shall be calculated by reference to the value of the goods,
according to their current market price, at the time and place
they are delivered, or should have been delivered, in accordance
with this contract.
          
    7.3 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.
          
    7.4 Carrier shall not be liable to any extent for any loss or
damage to or in connection with precious metals, stones, 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 Caesar, the same is inserted on the face of this Bill of
Lading and additional freight has been paid as required.
          
    7.5 Carrier will not arrange for insurance of 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 transmitting information to U.S. Customs and Border
Protection prior to landing 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, 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
infomration 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 indemnity Carrier against all claims, penalties,
losses or damages arising from any inaccuracy.
          
(9) CARRIER'S CONTAINERS:  If goods are not received by Carrier
already in 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 on his agents. Merchant indemnifies
Carrier for any damage or injury to persons on 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
          
    10.5. Merchant shall inspect containers before stuffing them and
the use of the containers shall be prima facie evidence of their
being sound and suitable for use.
          
(11) DANGEROUS GOODS:
    11.1 Merchant may not tender goods of a dangerous 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 distantly 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 the 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 & 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) SOLAS WEIGHT CERTIFICATION: Merchant acknowledges that it is
required to provide verified weights obtained on calibrated, certified
equipment of all cargo that is to be tendered to steamship lines.
Shipper agrees that Carrier is entitled to rely on the accuracy of
such weights and to counter-sign or endorse it as Carrier s own
certified weight to the steamship line carrying the cargo. The
Merchant agrees that it shall indemnify and hold the Carrier
harmless from any and all claims, losses, penalties or other costs
resulting from any incorrect or questionable verification of the
weight provided by Merchant or its agent or contractor on which
the Carrier relies.
          
(14) HEAVY LIFT:
    14.1 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.
          
    14.2 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.
          
    14.3 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 result of Merchant's failure to comply with such
laws or regulations.
          
(15) 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 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 be Merchant or abandoned at Carrier's option, and may
be disposed of or stored at Merchant's expense.
          
(16) 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 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 face 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.
          
(17) FREIGHT ARE CHARGES:
    17.1 Freight may be calculated on the basis at 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 at 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, contents, weight, measure,
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 ate specific rate and that rate is filed in Carrier's
tariff.
          
    l7.2 Freight shall be deemed earned on receipt of 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 l% 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.
          
    17.3 Merchant shall be liable for all dues, fees, 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.
          
    17.4 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 attorney's 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 changes remain unpaid.
          
    17.5 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.
          
(18) LIEN:  Carrier shall have a lien on any and all property (and
documents relating thereto) of Merchant in its actual or constructive
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, which
lien shall survive delivery and if such claim remains unsatisfied
for 30 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.
          
(19) 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 six (6) months.
          
(20) JURISDICTION:  The United States District Court for the Eastern
District of Tennessee 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 et Tennessee shall apply.
          
(21) GENERAL AVERAGE:
    21.1 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.
          
    21.2 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 incurred, and shall pay salvage or special
charges incurred in respect of the goods. If a salvaging vessel
is owned or operated by Carrier, salvage shall be paid for as
fully as if the salvaging vessel or vessels belonged to strangers.
          
(22) BOTH-TO-BLAME COLLISION CLAUSE:  If the Ship 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.
          
(23) CARRIERS TARIFFS:  The goods carried under this Bill of Lading
are also subject to all the terms and conditions of the tariff(s)
published pursuant to the regulations of the United States Federal
Maritime Commission or 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.
Copies Of Carriers' tariffs may be obtained from Carrier or its
agent or from Carriers' web-site, the address of which is set forth
on the U.S. Federal Maritime Commission's web-site at www.fmc.gov.
Carrier may enter into Negotiated Rate Agreements with Merchant in
lieu of publishing the applicable rates and charges for services
provided in its rate tariff.
          
(24) PERISHABLE CARGO:
    24.1 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 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.
          
    24.2 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.
          
    24.3 Merchants' attention is drawn to the fact that
refrigerated containers are not designed to freeze down cargo
which has not been presented for stuffing at or below its designated
carrying temperature.  Carrier shall not be responsible for the
consequences of cargo tendered at a higher temperature than that
required for the transportation.
          
    24.4 If the above requirements are not complied with, Carrier
shall not be liable for any loss of or damage to the goods
whatsoever.
          
(25) SEVERABILITY:  The terms of this Bill of Lading shall be
severable, and, if any part or term hereof shall be held invalid,
such holding shall not affect the validity or enforceability of
any other part or term hereof.
          
(26) VARIATION OF THE CONTRACT:  This contract supersedes all prior
agreement between the parties with respect to its subject matter.
No servant or agent of Carrier shall have power to waive or vary
any of the terms hereof unless such variation is in writing and is
specifically authorized or ratified in writing by Carrier.
          
 Approved by the National Customs Brokers and Forwarders
 Association of America, Inc., September, 2011.

Table Of Contents