RECEIVED by the Ocean or Inland Carrier from the Merchant in apparent good order and conditionunless otherwise indicated, the Goods, or the container(s) or package(s) said to contain the Goods, tobe carried subject to all the terms on the face andback of this Bill of Lading, from the place of receipt orthe port of loading to the port of discharge or place of delivery, there to be delivered. If requiredby theOcean Carrier, this bill of Lading duly endorsed must be surrendered in exchange for the Goods ordelivery order. No servant, subcontractor or agentof the Ocean Carrier shall have power to waive or varyany of the terms hereof unless such waiver is in writing and is specifically authorized or ratified inwritingby the Ocean Carrier.
1. (Definitions)When used in this Bill of Lading (A) "Ocean Carrier" means Sublime Intertrade, whichperforms the sea carriage of Goods, and the vessel,her owner, and demise charterer, whether any ofthe preceding parties is acting as carrier or bailee. (B) "Inland Carrier" means carriers (other thantheOcean Carrier) by land, water or air, participatingin combined transport of the Goods, whether actingascarrier or bailee. (C) "Combined Transport" means carriage of the Goods under this Bill of Lading fromplace of receipt from Merchant to place of deliveryto Merchant by the Ocean Carrier plus one or moreInland Carriers. (D) "Port-to-Port Transportation"means carriage of the Goods under this Bill of Ladingother than combined transport. (E) "Merchant" includes the shipper, consignor, consignee, owner, andreceiver of the Goods and the holder of this Bill of Lading. (F) "Goods" mean the cargo described on theface of this Bill of Lading and, if the cargo is packed into container(s) supplied or furnished by oron behalfof the Merchant, include the container(s) as well.(G) "Vessel" includes the vessel named on the faceofthis Bill of Lading and any ship, craft, lighter, barge or other means of transport that is substituted in wholeor in part for that vessel. (H) "Container" includes any containers (including an open top container)flatrack, platform, trailer, transportable tank, palletor any other device used for transportation of goods. (I)"Laden on Board" or similar words endorsed on thisBill of Lading means that the Goods have beenloaded on board the Vessel or are in the custody ofthe Ocean Carrier, and in the event of CombinedTransport if the originating carrier is an Inland Carrier. "On Board" means that the Goods have beenloaded on board rail cars or other means of Inlandcarriage or are in the custody of a participating railroador other Inland Carrier. (J) "Subcontractor" includes stevedores, longshoremen, lighterers, terminaloperators, warehousemen, truckers, agents, servants, and any person, firm, corporation or other legalentity, 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 carriageof Goods by water, this Bill ofLading shall have effect subject to the provisionsof the "Hague Rules", namely the InternationalConventions 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, knownas the Visby Rules), as enacted in the country of shipment. When no such enactment is in force in thecountry of shipment or is otherwise compulsorily applicable, the Hague Rules as enacted in the countryof destination shall apply. When no such enactmentis in force in the country of shipment or in the countryof destination, or is otherwise compulsorily applicable, the terms of the “Hague Rules” as enacted bytheConvention shall apply. (B) If this Bill of Ladingcovers Goods moving to or from ports of the UnitedStatesin foreign trade, then carriage of such goods shallbe subject to the provisions of the United StatesCarriage 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. COGSA shall (except as otherwisespecifically provided in this Bill of Lading) govern throughout the time when the Goods are in the custodyof the Ocean Carrier and any other water carrier and as otherwise provided in this Bill of Lading.
3. (Law and Jurisdiction)The contracted evidenced by or contained in this Bill of Lading shall begoverned by the law of the State of California in the United States of America and any action or otherdispute hereunder shall be brought before the courts of the County of Los Angeles, California unless theOcean Carrier otherwise agrees in writing. In all other cases actions against the Ocean Carrier may onlybe instituted in the country where the Ocean Carrier has its principal place of business and shall bedecided according to the law of such country.
4. (Limitation of Liability Statutes)Nothing in this Bill of Lading shall operate to limit or deprive theOcean Carrier of any statutory protection, exemption from, or limitation of liability authorized by theapplicable laws, statutes, or regulations of any country.
5. (Sub-Contracting: Exemptions and Immunities of Subcontractors)(A) The Ocean Carrier shall beentitled to subcontract on any terms the whole or part of the handling, storage, or carrier of the Goodsand any and all duties whatsoever undertaken by theOcean Carrier in relation to the Goods. (B) Merchantwarrants that no claim shall be made against any Subcontractor (as defined in Article 1 (J), orSubcontractor, of Ocean Carrier, except Inland Carriers where otherwise appropriate, that imposes orattempts to impose upon any of them or any vessel owned or operated by any of them any liability inconnection with the Goods, and, if any such claimsshould nevertheless be made, to indemnify the OceanCarrier against all consequences of such claims. (C) Without prejudice to the foregoing, it is expresslyagreed that every such Subcontractor (and Subcontractor's Subcontractor) shall have the benefit of allprovisions in this Bill of Lading for the benefit of the Ocean Carrier as if such provisions were expresslyfor the Subcontractor's benefit. In entering into this contract, the Ocean Carrier, to the extent of thoseprovisions, does so not only on its own behalf of such Subcontractors.
6. (Route to Transport)(A) The Goods may, at the Ocean Carrier’s absolutediscretion, be carried as asingle 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, whetheror not such route is the direct, advertised, orcustomary route. (B) The Vessel shall have libertyto call and/or stay at any port or place in or outof thedirect, advertised, or customary route, once or more often and in any order, and/or to omit calling atanyport or place whether scheduled or not. (C) The Vessel shall have liberty, either with or without theGoodson board and either before or after proceeding toward the port of discharge to adjust to compasses andother navigational instruments, make trial trips ortests, dry dock, go to repair yards, shift berths,take onfuel or stores, embark or disembark any person, carry contraband, explosives, munitions, war-like storesand hazardous cargo, sail with or without pilots, tow or be towed, and save or attempt to save life orproperty. (D) If the Goods in whole or in part arefor any reason not carried on the Vessel named in thisBill of Lading, or if loading the Goods is delayedor is likely to detain the Vessel, the Vessel may proceedwithout carrying or loading the Goods in whole or in part, and notice to merchant of such sailing is herebywaived. Ocean Carrier may forward the Goods under the terms of this Bill of Lading on the next availableship 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 forthe Vessel named in this Bill of Lading, whether ornot the substitute ship is owned or operated by OceanCarrier or arrives or departs, or is scheduled to arrive or depart, before or after the Vessel named by thisBill of Lading. (F) Any action taken by the Ocean Carrier under this Article 6 shall be deemed to beincluded within the contractual carriage and such action, or delay resulting therefrom, shall not beconsidered a deviation. Should the Ocean Carrier beheld liable in respect of such action, the OceanCarrier shall be entitled to the full benefit of all privileges, rights, and immunities contained in this Bill ofLading.
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 lossof or damage to the Goods caused before loading orafter discharge "Loading" shall be deemed to commence with the hooking on the vessel's tackle, or if notusing the vessel's tackle, with the receipt of theGoods on deck or in the hold of (if the Goods are in bulkliquid) in the vessel's permanent pipe connections."Discharge" shall be deemed to be completed whenthe Goods have been unhooked from the vessel's tackle o removed from the vessel's deck or passedbeyond the vessel's permanent pipe connections. (B)Insofar as this Bill of Lading is used for combinedtransport of the Goods, the responsibility of the Ocean Carrier and each Inland Carrier with respect tothe Goods shall be limited to the period when the carrier has custody of the Goods, and no carrier, eitherOcean or Inland, shall be responsible for any lossor damage caused while the Goods are not in itscustody. 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 ordamageto 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 theperiod from the time when the Goods arrived at thesea terminal at the port of loading to the time whenthey left the sea terminal at the port of discharge, or caused during any previous or subsequent period ofcarriage by sea or waterways, to the extent prescribed by the applicable Hague Rules as provided inArticle 2. (2) Save as indicated b (1) above, withrespect to loss or damage caused during the handling,storage of the Goods by Ocean Carrier's Subcontractor, to the extent to which such Subcontractor wouldhave been liable to the Merchant if he had made a direct and separate contract with the Merchant inrespect of such handling, storage or carriage, provided, however, that if the Ocean Carrier is notauthorized under any applicable laws, rules or regulations to undertake such handling, storage, orcarriage 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, orwhere otherwise applicable, such responsibility shall be governed (a) if by road by the Convention ontheContract for the International Carriage of Goods byRoad, dated 19 May, 1956 (CMR); (b) if by rail, bythe 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 byAir, signed Warsaw 12 October, 1929, as amended bythe Hague Protocol dated 28 September, 1955(Warsaw Convention); (d) If it is established by the Merchant that an Inland Carrier is responsible for lossof 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 separatecontract 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 Goodsshall arrive at the port of discharge or place of delivery at any particular time or in time to meet anyparticular market o ruse, and the Ocean Carrier shall not be responsible for any direct or indirect loss ordamage that is caused through delay. (f) If this Bill of Lading is used for Port-to-Port Transportation, thecolumn indicating final destination on the face ofthis Bill of Lading is solely for the purpose of theMerchant's reference, and the Ocean Carrier's responsibility for the Goods shall in all cases cease atthetime of discharge of the Goods at the port of discharge.
8. (Liberties)(A) In any situation whatsoever whether or not existing or anticipated beforecommencement of or during the transport, which in the judgment of the Ocean Carrier (including for thepurpose 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 tothe Vessel, the Ocean Carrier, a vehicle, any person, the Goods or any property, or has rendered or islikely to render it in any way unsafe, impracticable, unlawful, or against the interest of the Ocean Carrieror the Merchant to commence or continue the transport or to discharge the Goods at the port of dischargeor to deliver the Goods at the place of delivery bythe route and in the manner originally intended bytheOcean Carrier, the Ocean Carrier (1) at any time shall be entitled to unpack the container(s) or otherwisedispose of the Goods in such way as the Ocean Carrier may deem advisable at the risk and expense ofthe Merchant and/or (2) before the Goods are loadedon the Vessel, a vehicle, or other means of transportat the place of receipt or port of loading, shall be entitled to cancel the contract of carriage withoutcompensation 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 bythe Ocean Carrier at the risk and expense of theMerchant and/or (3) if the Goods are at a place awaiting transshipment, shall be entitled to terminatethetransport there and to store them at any place selected by the Ocean Carrier at the risk and expense ofthe Merchant, and/or (4) if the Goods are loaded onthe Vessel, a vehicle, or other means of transportwhether or not approaching, entering, or attemptingto enter the port of discharge or to reach the placeof delivery or attempting or commencing to discharge, shall be entitled to discharge the Goods or anypart of them at any port or place selected by the Ocean Carrier or to carry them back to the port of loadingor place of receipt and there discharge them . Anyactions under (3) or (4) above shall constitute completeand final delivery and full performance of this contract, and the Ocean Carrier thereafter shall be freefrom any responsibility for carriage of the Goods.(B) If, after storage, discharge, or any actions accordingto subpart (A) above the Ocean Carrier makes arrangements to store and/or forward the Goods, it isagreed that he shall do so only as agent for and atthe sole risk and expense of the Merchant withoutanyliability whatsoever in respect of such agency. TheMerchant shall reimburse the Ocean Carrier forthwithupon demand for all extra freight charges and expenses incurred for any actions taken according tosubpart (A), including delay or expense to the Vessel, and the Ocean Carrier shall have a lien upon theGoods to that extent. (C) The situations referred to in subpart (A) above shall include, but shall notbelimited 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 tradingquarantine, sanitary, or other similar regulationsorrestrictions,, strikes, lockouts or other labor troubles whether partial or general and whether or notinvolving employees of the Ocean Carrier or its Subcontractors, congestion of port, wharf, sea terminal, Terms and Conditions or similar place, shortage, absence or obstacles oflabor or facilities for loading, discharge, delivery, orother handling of the Goods, epidemics or diseases,bad weather, shallow water, ice, landslip, or otherobstacles in navigation or carriage. (D) The OceanCarrier, in addition to all other liberties provided for inthis Article, shall have liberty to comply with orders, directions, regulations or suggestions as to navigationor the carriage or handling of the Goods or the Vessel howsoever given, by any actual or purportedgovernment or public authority, or by any committeeor person having under the terms of any insuranceon the Vessel, the right to give such order, direction, regulation, or suggestion. If by reason of and/or incompliance with any such order, direction, regulation, or suggestions, anything is done or is not donethesame 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 otherparticulars of the Goods, is as furnished by the Merchant. The Ocean Carrier shall not be responsibleforthe accuracy of any such reference and is not boundthereby. The Merchant warrants to the OceanCarrier that the descriptions and particulars furnished by him are correct, and the Merchant shallindemnify the Ocean Carrier against all loss, damage, expenses, liability, penalties and fines arisingorresulting 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 receiptby the Ocean Carrier, the Ocean Carrier shall be atliberty to pack and carry the Goods in any type ofcontainer.
11. (Ocean Carrier's Container)(A) The Merchant assumes full responsibility for and shall indemnifythe Ocean Carrier against any loss of or damage tothe Ocean Carrier's containers and other equipmentif the loss or damage is caused or occurs while inthe 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 beliable for, and the Merchant shall indemnify and hold the Ocean Carrier harmless from, any death of orinjuries to persons, or loss of or damage to property, caused by the Ocean Carrier's container or itscontents while in the possession or control of theMerchant, his agents, or common carriers engaged byor on behalf of the Merchant.
12. (Container Packed by Merchant)If the cargo received by the Ocean or Inland Carrier is in acontainer packed by or on behalf of the Merchant. (A) This Bill of Lading is prima facie evidence of thereceipt only of the number on the face of this Billof Lading. The condition and particulars of the contentsare unknown to the Ocean and Inland Carriers, and the Ocean Carrier accepts no responsibility for theaccuracy of the description of condition or particulars. (B) The Merchant warrants (1) that the stowage ofthe contents of the containers and the closing andsealing of the containers are safe and proper, and(2)that the containers and their contents are suitablefor handling and carriage in accordance with the termsof this Bill of Lading, including Article 15. In the event of the Merchant's breach of any of these warranties,the Merchant and not the Ocean Carrier shall be responsible for, and the Merchant shall indemnify andhold Ocean Carrier harmless from, any resulting loss or damage to persons or property (including theGoods). (C) The Merchant shall inspect the container when it is furnished by or on behalf of the OceanCarrier, and the container shall be deemed to havebeen accepted by the Merchant as being in soundand suitable condition for the purpose of the transport contracted for in this Bill of Lading, unlesstheMerchant gives notice to the contrary, in writing,to the Ocean Carrier before the transport. (D) If thecontainer is delivered after transport by the Oceanor Inland Carrier with seals intact, such deliveryshallbe deemed to be full and complete performance of the Ocean Carrier's obligation under this Bill of Lading,and the Ocean Carrier shall not be liable for any loss of or damage to the contents of the container.(E)The Ocean and Inland Carrier shall have the right to open the container and to inspect its contents withoutnotice to the Merchant, at such time and place as the Ocean or Inland Carrier may deem necessary, andall expenses incurred therefrom shall be borne by the Merchant. (F) If any seal of the container is brokenby customs or other authorities for inspection of its contents, the Ocean Carrier shall not be liablefor anyresulting loss, damage or expenses.
13. (Special Carriage or Container)(A) The Ocean Carrier does not undertake to carrythe Goods inrefrigerated, heated, insulated, ventilated, or anyother special hold or container, nor to carry anyspecialcontainer packed by or on behalf of the Merchant, but the Ocean Carrier will treat such Goods or containeronly as ordinary goods or dry container, respectively, unless: (1) special arrangements for the carriageof such Goods or container have been agreed to in writing between the Ocean Carrier and the Merchant;
(2) such special arrangements are noted on the faceof this Bill of Lading; and (3) special freights asrequired has been paid. The Ocean Carrier shall notbe responsible for the function of a special containersupplied by or on behalf of the Merchant. (B) The Ocean Carrier shall not be liable for any loss of ordamage to Goods in a special hold or container arising from latent defects, breakdown, or stoppage ofthe refrigeration or heating machinery, insulation,ship's plant, or other such apparatus of the Vessel orcontainer, provided that the Ocean Carrier shall before or at the beginning of the transport exerciseduediligence to maintain the special hold or containerin an efficient state. (C) If the Goods have beenpackedinto a refrigerated container by the Ocean or Inland Carrier, and the particular temperature rangerequested by the Merchants is inserted in this Billof Lading, the Ocean Carrier will set the thermostaticcontrols within the requested temperature range butdoes not guarantee the maintenance of suchtemperature inside the container. (D) If the cargoreceived by the Ocean or Inland Carrier is in arefrigerated container packed by or on behalf of the Merchant, it is the obligation of the Merchant tostowthe contents properly and set the thermostatic controls exactly. The Ocean Carrier shall not be liableforany loss of or damage to the Goods arising out of or resulting from the Merchant's failure in suchobligation and Ocean Carrier does not guarantee themaintenance of the intended temperature insidethe container.14. (Dangerous Goods, Contraband)(A) The Ocean Carrier undertakes to carry Goods ofan explosive,inflammable, radioactive, corrosive, damaging, poisonous, or dangerous nature only upon the OceanCarrier's approval of a written application by theMerchant prior to the carriage of such Goods. Suchapplication must accurately state the name, natureand classification of the Goods, as well as how theyare dangerous and the method o rendering them innocuous, together with the full names and addressesof the shipper and the consignee. (B) The Merchantshall undertake that the nature and danger of suchGoods is distinctly hand permanently marked on theoutside of the package or container containing theGoods. (C) Merchant shall submit all documents or certificates required in connection with such Goodsby any applicable statue or regulation or by the Ocean Carrier (D) Whenever the Goods are discoveredto have been received by the Ocean or Inland Carrier without complying with subparts (A), (B) or (C)above, or the Goods are found to be contraband or prohibited by any law or regulation of any place duringthe transport, the Ocean Carrier shall be entitledto have such Goods rendered innocuous, thrownoverboard, discharged, or otherwise disposed of atthe Ocean Carrier's discretion without compensation,and the Merchant shall be liable for and indemnifythe Ocean Carrier against any loss, damage or liability,including loss of freight, and any other expenses directly or indirectly arising out of custody or carriage ofsuch Goods. (E) The Ocean Carrier may exercise theright conferred upon it under the preceding subpartwhenever it is apprehended that Goods received in compliance with subparts (A), (B) and (C) above havebecome dangerous, even if not dangerous when received by the Ocean or Inland Carrier. (F) The OceanCarrier has the right to inspect the contents of any package or container at any time and place withoutthe prior notice to Merchant and at the risk and expense of the Merchant.
15. (Stowage Under and on Deck)(A) Goods in containers, vans, trailers, or chassis may be carriedunder deck or on deck, and when such Goods are carried on deck the Ocean Carrier shall not be requiredto specially note mark, or stamp any statement of "on deck stowage" on the face of this Bill of Lading,any custom to the contrary notwithstanding. Such ondeck carriage shall not be considered a deviation.(B) Goods stowed in poop, forecastle, deckhouse, shelter deck, passenger space, or any other covered-in-space, or stowed in a container wherever placed,shall be deemed to be stowed under deck for allpurposes including general average. (C) Lumber, earth moving equipment and all other Goodscustomarily or reasonably carried on deck may, at Ocean Carrier's option, be carried on deck withoutfurther notice to Merchant and without liability tothe Ocean Carrier for the risks inherent in or incident tosuch carriage. Such on deck carriage shall not be considered a deviation. (D) In respect of Goods notincontainers and carried on deck, and stated on thisBill of Lading to be so carried, all risks of lossordamage from perils inherent in or incident to the custody or carriage of such Goods shall be borne bytheMerchant and in all other respects the Ocean Carrier shall have the benefit of the provisions of theapplicable, version of the Hague Rules (including U.S. COGSA, notwithstanding Section 1301 (c) thereof)and the terms of this Bill of Lading.
16. (Live Animals and Plants)With respect to the custody and carriage of live animals and plants, allrisks of loss or damage by perils inherent in or incident to such carriage shall be borne by the Merchant,and in all other respects the Ocean Carrier shall have the benefit of the provisions of the applicableversion of the Hague Rules (including U.S. COGSA, notwithstanding Section 1301(c) thereof) and theterms of this Bill of Lading.
17. (Valuable Goods)(A) The Ocean Carrier shall not be liable to any extent for any loss of or damageto or in connection with precious metals, stones, or chemicals, jewelry, currency, negotiable instruments,securities, writings, documents, works of art, curios, heirlooms, or any other valuable goods, includinggoods having particular value only for the Merchant, unless the true nature and value of the Goods havebeen declared in writing by the Merchant before receipt of the Goods by the Ocean or Inland Carrier, thesame is inserted on the face of this Bill of Ladingand additional freight has been paid as required orinsurance coverage has been required. (B) Insurancewill not be arranged by the Ocean Carrier expectwith the express instructions in writing of the consignor and then only at his expense. A certifieddeclaration of the value of the goods has to be presented prior to shipment.
18. (Heavy Lift)(A) The weight of a single piece or package exceeding 2,240 lbs. gross must be declaredby the Merchant in writing before receipt by the Ocean or Inland Carrier and must be marked clearly anddurably on the outside of the piece or package in letters and figures not less than two inches high. (B) Ifthe Merchant fails in his obligations under the preceding subpart (1) the Ocean Carrier shall not beresponsible for any loss of or damage to in connection with the Goods. (2) The Merchant shall be liablefor resulting loss of or damage to any person or property, and (3) Merchant shall indemnify the OceanCarrier against any resulting loss, damage, or liability suffered by the Ocean Carrier.
19. (Delivery by Marks)(A) The Ocean Carrier shall not be liable for failure or delaying delivery inaccordance with marks, unless such marks have beenclearly and durably stamped or marked upon theGoods, package, or container by the Merchant beforethey are received by the Ocean or Inland Carrier,in letters and numbers not less than two inches high, together with the names of the port of dischargeand place of delivery. (B) In no circumstances shall the Ocean Carrier be responsible for delivery inaccordance with other than leading marks. (C) The Merchant warrants that the marks on the Goods,packages and containers correspond to the marks shown on this Bill of Lading and also in all respectscomply with all laws and regulations in force at the port of discharge or place of delivery. The Merchantshall indemnity the Ocean Carrier against all loss,damage or expenses resulting from inaccuracy orincompleteness of the marks. (D) Goods that cannotbe identified as to marks or numbers, cargosweeping liquid residue and any unclaimed goods nototherwise accounted for may be allocated for thepurpose for completing delivery to the various Merchants of Goods of like character in proportion to anyapparent shortage, loss of weight or damage.
20. (Delivery)(A) The Ocean Carrier shall have the right to deliver the Goods at any time at the Vesselsside, customhouse, warehouse, wharf, or any other place designated by the Ocean Carrier, within thegeographic limits of the port of discharge or placeof delivery shown of the face of this Bill of Lading. (B)The Ocean Carrier's responsibility shall cease whenthe Goods have been delivered to the MerchantInland Carrier connecting carrier or any other person entitled to receive the Goods on Merchant's behalfat the place designated by the Ocean Carrier Delivery of the Goods to the custody of customs or anyother public authority shall constitute final discharge of the Ocean Carrier's responsibility. (C) Incase thecargo received by the Ocean Carrier is containers packed by or on behalf of the Merchant (1) The OceanCarrier shall only be responsible for delivery of the total number of containers received (2) The OceanCarrier shall not be required to unpack the containers and deliver their contents in accordance withbrands, marks, numbers sizes, to types of items orpieces (3) At the Ocean Carrier is discretion and uponthe Merchant's request in writing to the Ocean Carrier at least 3 days prior to the scheduled date ofarrivalthe of Vessel at the port of discharge containers may be unpacked and their contents delivered by theOcean Carrier in accordance with the written request. In such a case if the seal of the containers isintactat the time of unpacking all the Ocean Carrier's obligations under this Bill of Lading shall be deemedto have been discharged the Ocean Carrier shall not beresponsible for any loss or damage resulting fromsuch delivery and the Merchants shall be liable foran appropriate adjustment of the freight and anyadditional charges incurred. (D) If the Goods havebeen packed into a container by the Ocean Carriershall unpack the container and deliver its contentsand the Ocean Carrier shall not be required to deliverthe Goods in the container At the Ocean Carrier's discretion, and subject to prior arrangement betweenthe Merchant and the Ocean Carrier the Goods may bedelivered to Merchant in the container, in whichcase if the container is delivered with seals intact all the Ocean Carrier's obligations under this Bill ofLading shall be deemed to have been discharged, andthe Ocean Carrier shall not be responsible for anyloss or damage to the contents of the container. (E) Optional delivery shall be granted only when arranged prior to the time of receipt of the Goods by OceanCarrier and if expressly stated on the face of thisBillof Lading. The Merchant desiring to avail himself of the option so expressed must give notice in writingto the Ocean Carrier at the first port of call named in the option at least 48 hours prior to the Vessel'sarrival there, otherwise the Goods shall be landedat any of the optional ports at Ocean Carrier's option,and the Ocean Carrier's responsibility shall then cease. (F) Ocean Carrier is not responsible to givenotification, in writing or otherwise, either to Merchant or others, of the arrival, discharge, or dispositionof Goods, any custom or agreement to the contrary notwithstanding, and notwithstanding any notationon the face of this Bill of Lading, concerning notification or a notify party.
21. (Transshipment and Forwarding)(A) Whether arranged beforehand or not, the OceanCarrier shallbe at liberty without notice to carry the Goods wholly or partly by the named or any other Vessel, craftbarge, or other means of transport by water, land or air, whether or not owned or operated by the OceanCarrier. (B) The Ocean Carrier may under any circumstances whatsoever discharge the Goods or anypart of them at any port or place for transshipmentand store them afloat or ashore and then forward themby any means of transport. (C) If the Goods cannotbe found at the port of discharge or place of delivery,or if they be miscarried, they, when found, may beforwarded to their intended port of discharge or placeof delivery at the Ocean Carrier's expense, but theOcean Carrier shall not be liable for any loss, damage,delay, or depreciation arising from such forwarding. (D) In case of Port-to-Port Transportation,transshipment of cargo, or receipt of cargo from ports or inland points not including within the ship'sitinerary or the Ocean Carrier's service, is to beat the sole risk and expense of the Merchant, and neitherthe Ocean Carrier not its Vessel shall be deemed tobe the agent or principal of a prior or subsequentcarrier notwithstanding the issuance by the Ocean Carrier of a bill of lading, receipt, or other shippingdocument at a time or place prior to that at whichthe Goods are received by the Ocean Carrier.
22. (Fire)The Ocean Carrier shall not be responsible for anyloss of or damage to the Goods arising fromfire occurring at any time, even though before loading on or after discharge from the Vessel, unlesscaused by the actual fault or privity of the OceanCarrier.
23. (Lien)(A) The Ocean Carrier shall have a lien on the Goods, which shall survive delivery, for allfreight, dead freight, demurrage, damages, loss, charges, expenses, and any other sums (includingcosts, customs fees, attorney fees, and other feesfor recovering the sums) chargeable to the Merchantunder this Bill of Lading and any preliminary contract for custody or carriage of the Goods. Ocean Carriermay foreclose the lien by selling the Goods withoutnotice to the Merchant privately or by public auction.If on sale of the Goods the proceeds fail to coverthe amount due and the costs and fees incurred, theOcean Carrier shall be entitled to recover the deficit from the Merchant. (B) If the Goods are unclaimedduring a reasonable time, or whenever in the OceanCarrier's opinion the Goods will become deteriorated,decayed or worthless, the Ocean Carrier (without responsibility to it) may at its discretion and subject toits lien, sell, abandon, or otherwise dispose of such Goods at the sole risk and expense of the Merchant.
24. (Freight and Charges)(A) Freight may be calculated on the basis of theparticulars of the Goodsfurnished by the Merchant, who shall be deemed to have guaranteed to the Ocean Carrier the accuracyof the contents, weight, measure, or value as furnished by him at the time of receipt of the Goods bytheOcean or Inland Carrier, but the Ocean Carrier forthe purpose of ascertaining the actual particularsmayat any time and at the risk and expense of the Merchant open the container or package and examinecontents, weight, measure, and value of the Goods.In case of incorrect declaration of the contents,weight, measure and or value of the Goods, the Merchant shall be liable for and bound to pay to theOcean Carrier: (1) the balance of freight between the freight charged and that which would have beendue had the correct details been given, plus (2) expenses incurred in determining the correct details,plus (3) as liquidated and ascertained damages, an additional sum equal to the correct freight. (B) Full freightto the port of discharge or place of delivery shallbe considered as completely earned on receipt of theGoods by the Ocean Carrier, whether the freight bestated or intended to be prepaid or to be collectedatdestination. The Ocean Carrier shall be entitled toall freight and other charges due hereunder, whetheractually paid or not and to receive and retain suchfreight and charges under any circumstances, whetherthe Vessel and/or the Goods be lost or not, or thevoyage be broken up, frustrated, or abandoned at anystage of the entire transit. Full freight shall bepaid on damaged or unsound Goods. (C) The Payment offreight and/or charges shall be made in full and incash without any offset, counter claim, or deduction.Where freight is payable at the port of discharge or place of delivery, such freight and all other chargesshall be paid in the currency named in this Bill ofLading, or, at Ocean Carrier's option, in other currencysubject to the regulators of the freight conferenceconcerned, if any, or custom at the place of payment.(D) Goods once received by the Ocean Carrier cannotbe taken away or disposed of by the Merchantexcept upon the Ocean Carrier's consent and after payment of full freight and compensation for any losssustained by the Ocean Carrier through such takingaway or disposal. (E) If the Goods are not availablewhen the Vessel is ready to loan: (1) The Ocean Carrier is relieved of any obligation to load such Goodsand the Vessel may leave the port without further notice. (2) Unless the unavailability arises in thecourseof combined transport and is caused by the failureof an Inland Carrier to perform its obligations underthis Bill of Lading, dead freight shall be paid bythe Merchant. (F) The Merchant shall be liable forandshall indemnify the Ocean Carrier against: (1) alldues, duties, taxes, consular fees, and other chargeslevied on the Goods, and (2) all fines, damages andlosses sustained by the Ocean Carrier in connectionwith Goods, howsoever caused, including the Merchant's failure to comply with laws and regulations ofany public authority in connection with the Goods,or failure to procure consular, Board of Health, orothercertificates to accompany the Goods. The Merchant shall be liable for return freight and changes on anyGoods refused exportation or importation by any public authority. (G) If the Ocean Carrier is of the opinionthat the Goods are in need of sorting, inspecting,mending, repairing, or reconditioning, or otherwiserequire protecting or caring for, the Ocean Carrierat its discretion may, by itself or throughSubcontractors, and as agent for the Merchant, carry out such work at the risk and expense of theMerchant. (H) The shipper, consignor, consignee, owner of the Goods and holder of this Bill of Ladingshall be jointly and severally liable to the OceanCarrier for the payment of all freight and chargesand forthe performance of the obligations of any of them under this Bill of Lading.
25. (Notice of Claim and Time for Suit against Ocean Carrier)(A) Unless notice of loss or damageand the general nature of such loss or damage be given in writing to the Ocean Carrier at the port ofdischarge or place of delivery before or at the time of delivery of the Goods or, if the loss or damage isnot apparent, within 3 days after delivery, the Goods shall be deemed to have been delivered asdescribed in this Bill of Lading. (B) The Ocean Carrier shall be discharged from all liability in respect ofthe Goods, including without limitation non-delivery, misdelivery, delay, loss, or damage, unless suithasbeen brought within one year after delivery of theGoods or the date when the Goods should have beendelivered. Suit shall not be considered to have been "brought" within the time specified unless processshall have been served on a jurisdiction obtained over the Ocean Carrier within such time.
26. (Limitation of Liability)(A) Subject to subpart (B) below for the purpose of determining the extentof the Ocean Carrier's liability for loss of or damage to the Goods, the Merchant agrees that the value ofthe Goods is the Merchant's net invoice cost, plusfreight and insurance premium, if paid. The OceanCarrier shall not be liable for any loss of profitor any consequential loss. (B) Insofar as the lossof ordamage to or in connection with the Goods was caused during the part of the custody or carriage towhich the applicable version of the Hague Rules applies: (1) The Ocean Carrier shall not be liable forloss or damage in an amount exceeding the minimum allowable per package or unit in the applicableversion of the Hague Rules, which when U.S. COGSA is applicable is an amount not exceeding U.S.$500 per package or customary freight unit, unlessthe value (and nature) of Goods higher than thisamount has been declared in writing by the Merchantbefore receipt of the Goods by the Ocean Carrierand inserted on the face of this Bill of Lading andextra freight has been paid as required. If the actualvalue of the Goods per package or unit exceeds suchdeclared value, the value shall nevertheless bedeemed to be the declared value, and the Ocean Carrier's liability, if any, shall not exceed the declaredvalue. Any partial loss or damage shall be adjustedpro rata on the basis of such declared value. If thedeclared value has been willfully misstated or is markedly higher than the actual value, the Ocean Carriershall not be liable to pay any compensation. (2) Where the cargo has been packed into a container orunitized into a similar article of transport by oron behalf of the Merchant, it is expressly agreed that thenumber of such containers or similar articles of transport shown on the face of this Bill of Lading shall beconsidered as the number of the packages or units for the purpose of the application of the limitationofliability provided for in this Article.
27. (General Average: New Jason Clause)(A) General average shall be adjusted, stated andsettledat any port or place as the Ocean Carrier's optionand according to the York-Antwerp Rules, 1974 andas to matters not provided for by these Rules, according to the laws and usages of the port or place ofadjustment and in the currency selected by the Ocean Carrier. The general average statement shall beprepared by the adjusters appointed by the Ocean Carrier. Average agreement or bond and such cashdeposit as the Ocean Carrier may deem sufficient tocover the estimated contribution of the Goods andany salvage and special charges thereon and any other additional securities as the Ocean Carrier mayrequire shall be furnished by the Merchant to the Ocean Carrier before delivery of the Goods. (B) In theevent of accident, danger, damage, or disaster before or after commencement of the voyage, resultingfrom any cause whatsoever, whether due to negligence or not for which or for the consequence of whichthe Ocean Carrier isn't responsible by statue, contract, or otherwise, the Goods and the Merchant shalljointly and severally contribute with the Ocean Carrier in general average to the payment of any sacrifices,loss, or expenses of a general average nature thatmay be made or incurred, and shall pay salvage andspecial charges incurred in respect of the Goods. If a salvage ship is owned or operated by the OceanCarrier, salvage shall be paid for as fully and inthe same manner as if such salvaging ship belongedtostrangers.
28. (Both to Blame Collision)If the Vessel comes into collision with another ship as a result of thenegligence of the other ship and any act, neglect,or default of the Master, mariner, pilot, or servants ofthe owner of the Vessel in the navigation or in themanagement of the Vessel, the Merchant shallindemnify the Ocean Carrier against all loss or liability which might be incurred directly or indirectly to theother or non-carrying ship or her owners insofar assuch loss or liability represents loss of or damage tohis Goods or any claim whatsoever of the Merchant paid or payable by the other or non-carrying ship orher owners to the Merchant and set-off, recouped, or recovered by the other or non-carrying ship or herowners as part of their claim against the carryingVessel or its owner. The foregoing provisions shallalsoapply where the owners, operators, or those in charge of any ship or ships or objects other than, or inaddition to the colliding ships or objects are at fault in respect of a collision contact stranding orotheraccident.
29. (Carriage of Metal Products, Lumber, Cotton)(A) The term "apparent good order and condition"when used in this Bill of Lading does not mean: (1)with reference to iron, steel, or metal products,thatthe Goods when received were free from visible rustor moisture. (2) With reference to lumber, timber,plywood, or other wood products, that the Goods when received were free from visible stains,discoloration, moisture, shakes, holes, chaffed, breakage or splitting. If the Merchant so requests a substitute bill of lading will be issued setting forth any notations as to the foregoing that may appear onthe mate's or tally clerk's receipts or similar document. (B) Description of the condition of cotton cargodoes not relate to the sufficiency or not or condition of the covering nor to any damage, resultingtherefrom. Ocean Carrier shall not be responsible for any such damage.
30. (Grain)Discharge of grain received by the Ocean Carrier in bulk may be in port, on barges, and orlighters, or elsewhere, using or not using elevators, and such discharge shall constitute a sufficientdelivery by the Ocean Carrier. Thereafter said grain shall be at the risk and expense of the Merchant.
31. (Intermodal Transportation)(A) This Bill of Lading may be issued for Intermodal Transportation inany country. When so issued as between the Merchantand an Inland Carrier custody and carriage of theGoods by the Inland Carrier are subject to the relevant laws, regulations, tariffs and bill of ladingareavailable from the Ocean or Inland Carrier upon request. (B) Claims by the Merchant against an InlandCarrier for loss or damage shall be given and suitcommenced as provided in the Inland Carrier'sapplicable bill of lading
32. (Ocean Carrier's Tariff)This Bill of Lading is subject to the Ocean Carrier's application tariff. Copiesof the applicable tariff are obtainable from the Ocean Carrier upon request.
33. (Severability of Terms)The terms of this Bill of Lading are severable andif any part or term isdeclared invalid or unenforceable, the validity orenforceability, of any other part or term shall notbeaffected.
34. (Himalaya Clause)All exceptions, exemptions defenses immunities, limitations on liability, privilegesand conditions granted or provided by this Bill ofLading or by applicable tariff or by statue or forthebenefit of the Ocean Carrier shall also apply to and for the benefit of the officers and employees oftheOcean Carrier and the agents, officers and crew ofthe Vessel and to and for the benefit of all partiesperforming services in connection with the Goods asagents or contractors of the Ocean Carrier(including, without limitation, stevedores, terminal operators and agents) and the employees of eachthem.
35. (Amendments and Updates)The Ocean Carrier has the right to amend or updatethe “Terms andConditions” that govern this Bill of Lading, as long as such amendments and updates are in accordancewith the “Rules and Regulations of OSRA 1998”. Thisbill of lading was updated on April 14, 2019.