Carrier Terms Bill of Lading

Carrier's bill of lading includes the following clauses

on its front side:

‘In accepting this bill of lading, any local customs

or privileges to the contrary notwithstanding, the

shipper, consignee and owner of the goods and

the holder of this bill of lading, agree to be bound

by all the stipulations, exceptions and conditions

stated herein whether written, printed, stamped

or incorporated on the front or reverse side hereof,

as fully as if they were all signed by such shipper,

consignee, owner or holder.’

‘In witness whereof three (3) bills of lading, all

of the tenor and date have been signed, one of

which being accomplished, the others to stand void.’

For terms and conditions of Carrier's bill of lading,

as printed on its reverse side, please see Rule 8-010

(B/L Terms 1-15) and Rule 8-020 (B/L Terms 16-34).

1. (Definitions) When used in this Bill of Lading

(A) "Ocean Carrier" means the company named on the reverse

side of this bill of lading, which performs sea carriage of

Goods, and the vessel, her owner, and demise charterer,

whether any of the preceding parties is acting as ocean

carrier, non-vessel operating common carrier, or bailee.

(B) "Inland Carrier" means carriers (other than the

Ocean Carrier) by land, water or air, participating

in combined transport of the Goods, whether acting as

carrier or bailee.

under this Bill of Lading from place of receipt from

merchant to place of delivery to Merchant by the

Ocean Carrier plus one or more Inland Carriers.

(D) "Port-to-Port Transportation" means carriage of

the Goods under this Bill of Lading other than

combined transport.

(E) "Merchant" includes the shipper, consignor,

consignee, owner, and receiver of the Goods and the

holder of this Bill of Lading.

(F) "Goods" means 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.

(G) "Vessel" includes the vessel named on the face of

this Bill of Lading and any ship, craft, lighter,

barge or other means of transport that is substituted

in whole or in part for that vessel.

(H) "Container" includes any containers (including an

open top container) flat rack, platform, trailer,

transportable tank, pallet or any other device used

for transportation of goods.

(I) "Laden on Board" or similar words endorsed on

this Bill of Lading means that the Goods have been

loaded on board the Vessel or are in the custody of

the Ocean Carrier, and in the event of Combined

Transport if the originating carrier is an Inland

Carrier. "On Board" means that the Goods have been

loaded on board rail cars or other means of Inland

carriage or are in the custody of a participating

railroad or other Inland Carrier.

(J) "Subcontractor" includes stevedores,

longshoremen, lighterers, terminal operators,

warehousemen, truckers, agents, servants, and any

person, firm, corporation or other legal entity which

performs services incidental to the carriage of the

Goods.

(K) "United States" or "U.S." means the United States

of America.

2. (Clause Paramount) (A) Insofar as this Bill of

Lading covers carriage of Goods by water, this Bill of

Lading shall have effect subject to the provisions of the

"Hague Rules", namely the International Conventions for

the Unification of Certain Rules Relating to Bills of

Lading, dated at Brussels, August 25, 1924, as amended

(including, where enacted, the Protocol dated at

Brussels, February 23, 1968, known as the Visby Rules),

as enacted in the country of shipment. When no such

enactment is in force in the country of shipment or is

otherwise compulsorily applicable, the Hague Rules as

enacted in the country of destination shall apply. When

no such enactment is in force in the country of

shipment or in the country of destination, or is

otherwise compulsorily applicable, the terms of the Hague

Rules as enacted by the Convention shall apply.

(B) If this Bill of Lading covers Goods moving to or

from ports of the United States in foreign trade, then

then carriage of such goods shall be subject to the

provisions of the United States Carriage of Goods by

Sea Act, 1936, 46 U.S.C. P1300-1315 as amended

(hereinafter "U.S. COGSA"), the terms of which shall

be incorporated herein. The provisions of U.S. COSGA

shall (except as otherwise specifically provided in

this Bill of Lading) govern throughout the time when

the Goods are in the custody of the Ocean Carrier and

and any other water carrier and as otherwise provided

in this Bill of Lading.

3. (Law and Jurisdiction) Whenever the Carriage of

Goods by Sea Act 1936 (COSGA) of the United States of

America applies, this contract is to be governed by

United States Law. In all other cases actions against

the Carrier may only be instituted in the country where

the Carrier has its principal place of business and

shall be decided according to the law of such country.

4. (Limitation of Liability Statutes) Nothing in this

Bill of Lading shall operate to limit or deprive the

Ocean Carrier of any statutory protection, exemption

from, or limitation of liability authorized by the

applicable laws, statutes, or regulations of any country.

5.(Sub-Contracting: Exemptions and Immunities of Sub-

contractors) (A) The Ocean Carrier shall be entitled to

subcontract on any terms the whole or part of the handling

storage, or carrier of the Goods and all duties whatsoever

undertaken by the Ocean Carrier in relation to the Goods.

(B) Merchant warrants that no claim shall be made against

any subcontractor (as defined in Article 1 (J), or

Subcontractor, of Ocean Carrier, except Inland Carriers

where otherwise appropriate, that imposes or attempts to

impose upon any of them or any vessel owned or operated by

any of them any liability in connection with the Goods,

and, if any such claims should nevertheless be made, to

indemnify the Ocean Carrier against all consequences of

such claims. (C) Without prejudice to the foregoing, it

is expressly agreed that every such Subcontractor (and

Subcontractor's Subcontractor) shall have the benefit of

all provisions in this Bill of Lading for the benefit of

the Ocean Carrier as if such provisions were expressly

for the Subcontractor's benefit. In entering into this

contract the Ocean Carrier, to the extent of those

provisions, does so not only on its own behalf but also on

behalf of such Subcontractors.

6. (Route to Transport) (A) The Goods may, at the Ocean

Carriers absolute discretion, be carried as a single

shipment or as several shipments by the Vessel and/or

any other means of transport by land, water, or air and

by any route whatsoever, whether or not such route is

the direct, advertised, or customary route. (B) The

Vessel shall have liberty to call and/or stay at any

port or place in or out of the direct, advertised, or

customary route, once or more often and in any order,

and/or to omit calling at any port of place whether

scheduled or not. (C) The Vessel shall have liberty,

either with or without the Goods on board and either

before or after proceeding toward the port of discharge

to adjust to compasses and other navigational

instruments, make trial trips or tests, dry dock, go

to repair yards, shift berths, take on fuel or stores,

embark or disembark any person, carry contraband,

explosives, munitions, war-like stores and hazardous

cargo, sail with or without pilots, tow or be towed,

and save or attempt to save life or property. (D) If

the Goods in whole or in part are for any reason not

carried on the Vessel named in this Bill of Lading, or

if loading the Goods is delayed or is likely to detain

the Vessel, the Vessel may proceed without carrying

or loading the Goods in whole or in part, and notice

to merchant of such sailing is hereby waived. Ocean

Carrier may forward the Goods under the terms of this

Bill of Lading on the next available ship or at Ocean

Carrier's option by any other means of transportation,

whether by land, water or air. (E) At Ocean Carrier's

option and without notice to Merchant, another ship

or ships may be substituted for the Vessel named in this

Bill of Lading, whether or not the substitute ship is

owned or operated by Ocean Carrier or arrives or

departs, or is scheduled to arrive or depart, before or

after the Vessel named by this Bill of Lading. (F) Any

action taken by the Ocean Carrier under this Article 6

shall be deemed to be included within the contractual

carriage and such action, or delay resulting therefrom,

shall not be considered a deviation. Should the Ocean

Carrier be held liable in respect of such action, the

Ocean Carrier shall be entitled to the full benefit

of all privileges, rights, and immunities contained

in this Bill of Lading.

7. (Responsibility) (A) Insofar as this Bill of Lading is

used for Port-to-Port Transportation of the Goods,

the Ocean Carrier shall not be responsible for loss of

or damage to the Goods caused before loading or after

discharge "Loading" shall be deemed to commence with

the hooking on the vessel's tackle, or if not using the

vessel's tackle, with the receipt of the Goods on deck

or in the hold of (if the Goods are in bulk liquid) in

the vessel's permanent pipe connections. "Discharge"

shall be deemed to be completed when the Goods have been

unhooked from the vessel's tackle or removed from the

vessel's deck or passed beyond the vessel's deck or

passed beyond the vessel's permanent pipe connections.

(B) Insofar as this Bill of Lading is used for combined

transport of the Goods, the responsibility of the Ocean

Carrier and each Inland Carrier with respect to the

Goods shall be limited to the period when the carrier

has custody of the Goods, and no carrier, either Ocean

or Inland, shall be responsible for any loss or damage

caused while the Goods are not in its custody. Any

claim for loss of or damage to the Goods, including

loss or damages resulting from delay, should be made

against the carrier having custody of the Goods when

the loss or damage or delay was caused. (C) If it is

established by the Merchant that the Ocean Carrier is

responsible for loss of or damage to or in connection

with the Goods, such responsibility, subject to the

provisions of this Bill of Lading, shall be to the

extent following but not further: (1) With respect

to loss or damage caused during the period from the

time when the Goods arrived at the sea terminal at the

port of loading to the time when they left the sea

terminal at the port of discharge, or caused during

any previous or subsequent period of carriage by sea

or waterways, to the extent prescribed by the applicable

Hague Rules as provided in Article 2. (2) Save as

indicated b (1) above, with respect to loss or damage

caused during the handling, storage of the Goods by

Ocean Carrier's Subcontractor, to the extent to which

such Subcontractor would have been liable to the

Merchant if he had made a direct and separate contract

with the Merchant in respect of such handling, storage

or carriage, provided, however, that if the Ocean

Carrier is not authorized under any applicable laws,

rules or regulations to undertake such handling,

storage, or carriage under its own responsibility, the

Ocean Carrier shall only be liable for procuring such

handling, storage or carriage.

If such handling, storage or carriage occurred

in or between points in Europe, or where

otherwise applicable, such responsibility shall be

governed (a) if by road by the Convention on the

Contract for the International Carriage of Goods by

Road, dated 19 May, 1956 (CMR); (b) if by rail, by

the International Convention Concerning the Carriage

of Goods by Rail dated 25 February, 1961 (CIM); (c) if

by air, by the Convention for the Unification of Certain

Rules Relating to International Carriage by Air, signed

Warsaw 12 October, 1929, as amended by the Hague

Protocol dated 28 September, 1955 (Warsaw Convention);

(d) If it is established by the Merchant that an Inland

Carrier is responsible for loss of or damage to or in

connection with the Goods, such responsibility shall

be to the extent, but not further, than the Inland

Carrier would have been liable to the Merchant if he

had made a direct and separate contract with the

Merchant in respect of handling, storage or carriage

of the Goods, as applicable. (e) Notwithstanding

foregoing Article 7 (A) or 7 (B), the Ocean Carrier

does not undertake that the Goods shall arrive at the

port of discharge or place of delivery at any particular

time or in time to meet any particular market or use,

and the Ocean Carrier shall not be responsible for any

direct or indirect loss or damage that is caused

through delay. (f) If this Bill of Lading is used for

Port-to-Port Transportation, the column indicating

final destination on the face of this Bill of Lading is

solely for the purpose of the Merchant's reference, and

the Ocean Carrier's responsibility for the Goods shall

in all cases cease at the time of discharge of the

Goods at the port of discharge.

8. (Liberties) (A) In any situation whatsoever whether or

not existing or anticipated before commencement of or

during the transport, which in the judgement of the

Ocean Carrier (including for the purpose of this

Article the Master and any person charged with the

transport or safekeeping of the Goods) has given or is

likely to give rise to danger, injury, loss, delay, or

disadvantage of whatsoever nature to the Vessel, the

Ocean Carrier, a vehicle, any person, the Goods or any

property, or has rendered or is likely to render it in

any way unsafe, impracticable, unlawful, or against

the interest of the Ocean Carrier or the Merchant to

commence or continue the transport or to discharge the

Goods at the port of discharge or to deliver the Goods

at the place of delivery by the route and in the manner

originally intended by the Ocean Carrier, the Ocean

Carrier (1) at the time shall be entitled to unpack the

container(s) or otherwise dispose of the Goods in such

way as the Ocean Carrier may deem advisable at the risk

and expense of the Merchant and/or (2) before the Goods

are loaded on the Vessel, a vehicle, or other means of

transport at the place of receipt or port of loading,

shall be entitled to cancel the contract of carriage

without compensation and to require the Merchant to take

delivery of the Goods and, upon his failure to do so,

to warehouse or place them at any place selected by

the Ocean Carrier at the risk and expense of the

Merchant and/or (3) if the Goods are at a place awaiting

transshipment, shall be entitled to terminate the

transport there and to store them at any place selected

by the Ocean Carrier at the risk and expense of the

Merchant, and/or (4) if the Goods are loaded on the

Vessel, a vehicle, or other means of transport whether

or not approaching, entering, or attempting to enter

the port of discharge or to reach the place of delivery

or attempting or commencing to discharge, shall be

entitled to discharge the Goods or any part of them

at any port or place selected by the Ocean Carrier or

to carry them back to the port of loading or place of

receipt and there discharge them. Any actions under

(3) and (4) above shall constitute complete and final

delivery and full performance of this contract, and the

Ocean Carrier thereafter shall be free from any

responsibility for carriage of the Goods. (B) If, after

storage, discharge, or any actions according to

subpart (A) above the Ocean Carrier makes arrangements

to store and/or forward the Goods, it is agreed that he

shall do so only as agent for and at the sole risk and

expense of the Merchant without any liability whatsoever

in respect of such agency.

(B) The Merchant shall reimburse the Ocean

Carrier forthwith upon demand for all extra

freight charges and expenses incurred for any actions

taken according to subpart (A), including delay or

expense to the Vessel, and the Ocean Carrier shall

have a lien upon the Goods to that extent. (C) The

situations referred to in subpart (A) above shall

include, but shall not be limited to, those caused

by the existence or apprehension of war declared or

undeclared, hostilities, riots, civil commotions, or

other disturbances closure of, obstacle in, or danger

to any port or canal, blockade, prohibition, or

restriction on commerce or trading quarantine, sanitary,

or other similar regulations or restrictions, strikes,

lockouts or other labor troubles whether partial or

general and whether or not involving employees of the

Ocean Carrier or its Subcontractors, congestion of

port, wharf, sea terminal, or similar place, shortage,

absence or obstacles of labor or facilities for

loading, discharge, delivery, or other handling of the

Goods, epidemics or diseases, bad weather, shallow

water, ice, landslip, or other obstacles in navigation

or carriage (D) The Ocean Carrier, in addition to all

other liberties provided for in this Article, shall

have liberty to comply with orders, directions,

regulations or suggestions as to navigation or the

carriage or handling of the Goods or the Vessel

howsoever given, by any actual or purported government

or public authority, or by any committee or person

having under the terms of any insurance on the

Vessel, 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

contractual carriage and shall not be a deviation.

9. (Description and Particulars of Goods) Any reference on

the face of this Bill of Lading to marks, numbers,

description, quantity, quality, gauge, weight, measure,

nature, kind, value, and any other particulars of the

Goods, is as furnished by the Merchant. The Ocean

Carrier shall not be responsible for the accuracy of

any such reference and is not bound thereby. The

Merchant warrants to the Ocean Carrier that the

descriptions and particulars furnished by him are

correct, and the Merchant shall indemnify the Ocean

Carrier against all loss, damage, expenses, liability,

penalties and fines arising or resulting from

inaccuracy of any description or particular.

10. (Use of Container) When the Goods are not already

packed into a container at the time of receipt by

the Ocean Carrier, the Ocean Carrier shall be at

liberty to pack and carry the Goods in any type of

container.

11. (Ocean Carrier's Container) (A) The Merchant assumes

full responsibility for and shall indemnify the

Ocean Carrier against any loss of or damage to the

Ocean Carrier's containers and other equipment if

the loss or damage is caused or occurs while in the

possession or control of the Merchant, his agents,

or common carriers engaged by or on behalf of the

Merchant (B) The Ocean Carrier shall in no event be

liable for, and the Merchant shall indemnify and hold

the Ocean Carrier harmless from, any death of or

injuries to persons, or loss of or damage to property,

caused by the Ocean Carrier's container or its

contents while in the possession or control of the

Merchant, his agents, or common carriers engaged by

or on behalf of the Merchant.

12. (Container Packed by Merchant) If the cargo received

by the Ocean or Inland Carrier is in a container

packed by or on behalf of the Merchant. (A) This

Bill of Lading is prima facie evidence of the receipt

only of the number on the face of this Bill of Lading.

The condition and particulars of the contents are

unknown to the Ocean and Inland Carriers, and the

Ocean Carrier accepts no responsibility for the

accuracy of the description of condition or

particulars. (B) The Merchant warrants (1) that the

stowage of the contents of the containers and the

closing and sealing of the containers are safe and

proper, and (2) that the containers and their contents

are suitable for handling and carriage in accordance