COMBINED TRANSPORT BILL OF LADING

SHIPPER SHIPPER'S REF. BILL OF LADING NO.

F/AGENT & REFERENCE

CONSIGNEE (not negotiable unless consigned "to order" or "to order of " a named Person or "to order of bearer") FOR CARGO RELEASE, PLEASE CONTACT :

NOTIFY PARTY (see clause 22) SHIPPER'S INSTRUCTIONS (NOT PART OF BILL OF LADING)

PLACE OF RECEIPT PORT OF LOADING PRE-CARRIAGE BY (only applicable for Combined Transport from Place of Receipt - see clauses 1 + 6)

VESSEL (see clauses 1 + 19) VOYAGE NO. DOCK RECEIPT NO. NUMBER OF ORIGINAL BS/L

PORT OF DISCHARGE PLACE OF DELIVERY SHIPPER DECLARED VALUE US$ (see clause 7.3)

PARTICULARS FURNISHED BY SHIPPER - CARRIER NOT RESPONSIBLE (see clauses 11 + 14)

CONTAINER NO/SEAL NO. NO. OF CONTAINERS
MARKS AND NUMBERS OR PACKAGES DESCRIPTION OF PACKAGES AND GOODS GROSS WEIGHT (KGS) MEASUREMENT(CBM)

TOTAL NO. OF CONTAINERS OR PACKAGES RECEIVED BY CARRIER

FREIGHT AND CHARGES PREPAID COLLECT RECEIVED by the Carrier from the Shipper, as far as ascertained by reasonable
means of checking, in apparent good order and condition unless otherwise stated
herein, the total number or quantity of Containers or other packages or units indicated
in the box above entitled “Total No. of Containers or Packages Received by Carrier”
for Carriage from the Port of Loading (or the Place of Receipt, if mentioned above) to
the Port of Discharge (or the Place of Delivery, if mentioned above), such Carriage
being always subject to the terms, rights, defences, provisions, conditions, exceptions,
limitations, and liberties hereof (INCLUDING ALL THOSE TERMS AND CONDITIONS
ON THE REVERSE SIDE HEREOF AND THOSE TERMS AND CONDITIONS
CONTAINED IN THE CARRIER’S APPLICABLE TARIFF)

In accepting this bill of lading, any local customs or privileges to the contrary
notwithstanding, the Merchant agrees to be bound by all Terms and Conditions stated
herein whether written, printed, stamped or incorporated on the face or reverse side
hereof, as fully as if they were all signed by the Merchant.
IN WITNESS WHEREOF the number of original Bills of Lading stated above have
been signed and wherever one original Bill of Lading has been surrendered any others
shall be void.

PLACE AND DATE OF ISSUE

Signed for the Carrier, DSL Star Express, Inc.

TOTAL by ___________________________________________________
For Maersk Logistics (xxx) Limited
as agent of the Carrier
COMBINED TRANSPORT BILL OF LADING (i) cannot be departed from by private contract to the detriment of the 12. PERISHABLE CARGO whether caused by unseaworthiness or negligence or any other cause
Merchant, and 12.1 Goods, including Goods of a perishable nature, shall be carried in whatsoever and neither the Hague Rules nor US COGSA shall apply.
LARGE PRINT VERSION AVAILABLE ON REQUEST
(ii) would have applied if the Merchant had made a separate and direct ordinary Containers without special protection, services or other measures
contract with the Carrier in respect of the particular stage of the Carriage unless there is noted on the reverse side of this bill of lading that the Goods 19. METHODS AND ROUTES OF CARRIAGE
1. DEFINITIONS during which the loss or damage occurred and received as evidence thereof will be carried in a refrigerated, heated, electrically ventilated or otherwise 19.1 The Carrier may at any time and without notice to the Merchant:
“Carriage” means the whole or any part of the carriage, loading, unloading, any particular document which must be issued if such international convention specifically equipped Container or are to receive special attention in any way. (a) use any means of transport or storage whatsoever;
storing, warehousing, handling and any other services whatsoever undertaken or national law shall apply; or The Merchant undertakes not to tender for Carriage any Goods which require (b) transfer the Goods from one conveyance to another including transhipping
by the Carrier in respect of the Goods covered by this bill of lading. (b) in case of shipments to or from the United States of America by the refrigeration, ventilation or any other specialised attention without giving or carrying the same on a vessel other than the vessel named on the reverse
“Carrier” means DSL Star Express, Inc. of Giralda Farms, Madison Avenue, provisions of US COGSA if the loss or damage is known to have occurred written notice of their nature and the required temperature or other setting of hereof or by any other means of transport whatsoever and even though
Madison NJ 07940, United States of America. during Carriage by sea to or from the USA or during Carriage to or from a the thermostatic, ventilation or other special controls to the Carrier. If the transhipment or forwarding of the Goods may not have been contemplated or
“Combined Transport” arises if the Place of Receipt and/or the Place of container yard or container freight station in or immediately adjacent to the sea above requirements are not complied with the Carrier shall not be liable for provided for herein;
Delivery are indicated on the reverse hereof in the relevant spaces. terminal at the Port of Loading or of Discharge in ports of the USA; or any loss of or damage to the Goods howsoever arising. (c) unpack and remove the Goods which have been packed into a Container
“Container” includes any container (including an open top container), flat (c) by the Hague Rules Articles 1-8 only inclusive where the provisions of 12.2 The Merchant should note that refrigerated Containers are not designed and forward them via Container or otherwise;
rack, platform, trailer, transportable tank, pallet or any other similar article used clauses 6.2(a) or (b) do not apply if the loss or damage is known to have (a) to freeze down cargo which has not been presented for stuffing at or below (d) sail without pilots, proceed via any route, (whether or not the nearest or
to consolidate the Goods and any connected equipment. occurred during Carriage by sea; or its designated carrying temperature and the Carrier shall not be responsible most direct or customary or advertised route) at any speed and proceed to,
“Freight” includes all charges payable to the Carrier in accordance with the (d) if the loss or damage is known to have occurred during Carriage inland in for the consequences of cargo being presented at a higher temperature than return to and stay at any port or place whatsoever (including the Port of
applicable Tariff and this bill of lading. the USA, in accordance with the contract of carriage or tariffs of any inland that required for the Carriage; nor Loading herein provided) once or more often, and in any order in or out of the
“Goods” means the whole or any part of the cargo and any packaging carrier in whose custody the loss or damage occurred or, in the absence of (b) to monitor and control humidity levels, albeit a setting facility exists, in that route or in a contrary direction to or beyond the Port of Discharge once or
accepted from the Shipper and includes any Container not supplied by or on such contract or tariff by the provisions of clause 6.1, and in either case the humidity is influenced by many external factors and the Carrier does not more often;
behalf of the Carrier. law of the State of New York will apply; or guarantee the maintenance of any intended level of humidity inside any (e) load and unload the Goods at any place or port (whether or not any such
“Hague Rules” means the provisions of the International Convention for the (e) where the provisions of clause 6.2(a), (b), (c) and/or (d) above do not Container. port is named on the reverse hereof as the Port of Loading or Port of
Unification of Certain Rules relating to Bills of Lading signed at Brussels on apply, in accordance with the contract of carriage or tariffs of any inland carrier 12.3 The term “apparent good order and condition” when used in this bill of Discharge) and store the Goods at any such port or place;
25th August 1924 and includes the amendments by the Protocol signed at in whose custody the loss or damage occurred or in the absence of such lading with reference to goods which require refrigeration, ventilation or other (f) comply with any orders or recommendations given by any government or
Brussels on 23rd February 1968, but only if such amendments are contract or tariff by the provisions of clause 6.1. For the purposes of clause 6.2 specialised attention does not mean that the Goods, when received were authority or any Person or body or purporting to act as or on behalf of such
compulsorily applicable to this bill of lading. (It is expressly provided that references in the Hague Rules to carriage by sea shall be deemed to include verified by the Carrier as being at the carrying temperature, humidity level or government or authority or having under the terms of the insurance on any
nothing in this bill of lading shall be construed as contractually applying the references to all waterborne Carriage and the Hague Rules shall be construed other condition designated by the Merchant. conveyance employed by the Carrier the right to give orders or directions.
said Rules as amended by said Protocol). accordingly. 12.4 The Carrier shall not be liable for any loss or damage to the Goods 19.2 The liberties set out in clause 19.1 may be invoked by the Carrier for any
“Holder” means any Person for the time being in lawful possession of this bill 6.3 If the Place of Receipt or Place of Delivery is not named on the reverse arising from latent defects, derangement, breakdown, defrosting, stoppage of purpose whatsoever whether or not connected with the Carriage of the Goods,
of lading to or in whom rights of suit and/or liability under this bill of lading have hereof the Carrier shall be under no liability whatsoever for loss or damage to the refrigerating, ventilating or any other specialised machinery, plant, including but not limited to loading or unloading other goods, bunkering or
been transferred or vested. the Goods howsoever occurring: insulation and/or apparatus of the Container, vessel, conveyance and any embarking or disembarking any person(s), undergoing repairs and/or dry-
“Merchant” includes the Shipper, Holder, Consignee, Receiver of the Goods, (a) if the Place of Receipt is not named on the reverse hereof and such loss or other facilities, provided that the Carrier shall before and at the beginning of docking, towing or being towed, assisting other vessels, making trial trips and
any Person owning or entitled to the possession of the Goods or of this bill of damage arises prior to loading on to the vessel; or the Carriage exercise due diligence to maintain the Container supplied by the adjusting instruments. Anything done or not done in accordance with clause
lading and anyone acting on behalf of such Person. (b) if the Place of Delivery is not named on the reverse hereof, if such loss or Carrier in an efficient state. 19.1 or any delay arising therefrom shall be deemed to be within the
“Package” where a Container is loaded with more than one package or unit, damage arises subsequent to discharge from the vessel, save that where US contractual Carriage and shall not be a deviation.
the packages or other shipping units enumerated on the reverse hereof as COGSA applies then the provisions stated in said Act shall govern before 13. INSPECTION OF GOODS
packed in such Container and entered in the box on the reverse side hereof loading on to and after discharge from any vessel and during Carriage to or The Carrier shall be entitled, but under no obligation, to open and/or scan any 20. MATTERS AFFECTING PERFORMANCE
entitled “Total No. of Containers or Packages received by Carrier” are each from a container yard or container freight station in or immediately adjacent to Package or Container at any time and to inspect the contents. If it appears at If at any time Carriage is or is likely to be affected by any hindrance, risk,
deemed a Package. the sea terminal at the Port of Loading and/or Discharge. any time that the Goods cannot safely or properly be carried or carried further, danger, delay, difficulty or disadvantage of whatsoever kind and howsoever
“Person” includes an individual, corporation, or other legal entity. 6.4 Amendment of Place of Delivery either at all or without incurring any additional expense or taking any measures arising which cannot be avoided by the exercise of reasonable endeavours,
“Port-to-Port Shipment” arises if the Carriage is not Combined Transport. In the event that the Merchant requests, and the Carrier agrees to amend the in relation to the Container or the Goods, the Carrier may without notice to the (even though the circumstances giving rise to such hindrance, risk, danger,
“SDR” means a special drawing right as defined by the International Monetary Place of Delivery, such amended Carriage will be undertaken on the basis that Merchant (but as his agent only) take any measures and/or incur any delay, difficulty or disadvantage existed at the time this contract was entered
Fund. the Terms and Conditions of this bill of lading are to apply until the Goods are reasonable additional expense to carry or to continue the Carriage thereof, into or the Goods were received for Carriage) the Carrier may at his sole
“Subcontractor” includes owners, charterers and operators of vessels (other delivered to the Merchant at such amended Place of Delivery. and/or to sell or dispose of the Goods and/or to abandon the Carriage and/or discretion and without notice to the Merchant and whether or not the Carriage
than the Carrier), stevedores, terminal and groupage operators, road rail and to store them ashore or afloat, under cover or in the open, at any place, is commenced either:
air transport operators, warehousemen and any independent contractors 7. COMPENSATION AND LIABILITY PROVISIONS whichever the Carrier in his absolute discretion considers most appropriate, (a) Carry the Goods to the contracted Port of Discharge or Place of Delivery,
employed by the Carrier performing the Carriage and any direct or indirect 7.1 Subject always to the Carrier’s right to limit liability as provided for herein, which sale, disposal, abandonment or storage shall be deemed to constitute whichever is applicable, by an alternative route to that indicated in this bill of
Subcontractors, servants and agents thereof whether in direct contractual if the Carrier is liable for compensation in respect of loss of or damage to the due delivery under this bill of lading. The Merchant shall indemnify the Carrier lading or that which is usual for Goods consigned to that Port of Discharge or
privity or not. Goods, such compensation shall be calculated by reference to the invoice against any reasonable additional expense so incurred. The Carrier in Place of Delivery. If the Carrier elects to invoke the terms of this clause 20(a)
“Terms and Conditions” means all terms, rights, defences, provisions, value of the Goods plus Freight and insurance if paid. If there is no invoice exercising the liberties contained in this clause shall not be under any then, notwithstanding the provisions of clause 19 hereof, he shall be entitled to
conditions, exceptions, limitations and liberties hereof. value of the Goods or if any such invoice is not bona fide, such compensation obligation to take any particular measures and shall not be liable for any loss, charge such additional Freight as the Carrier may determine; or
“US COGSA” means the US Carriage of Goods by Sea Act 1936. shall be calculated by reference to the value of such Goods at the place and delay or damage howsoever arising from any action or lack of action under (b) Suspend the Carriage of the Goods and store them ashore or afloat upon
“Vessel” means any water borne craft used in the Carriage under this Bill of time they are delivered or should have been delivered to the Merchant. The this clause. the Terms and Conditions of this bill of lading and endeavour to forward them
Lading, which may be a feeder vessel or an ocean vessel. value of the Goods shall be fixed according to the current market price, by as soon as possible, but the Carrier makes no representations as to the
reference to the normal value of goods of the same kind and/or quality. 14. DESCRIPTION OF GOODS maximum period of suspension. If the Carrier elects to invoke the terms of this
2. CARRIER’S TARIFF 7.2 Save as is provided in clause 7.3: 14.1 This bill of lading shall be prima facie evidence of the receipt by the clause 20(b) then, notwithstanding the provisions of clause 19 hereof, he shall
The terms and conditions of the Carrier’s applicable Tariff are incorporated (a) Where the Hague Rules apply hereunder by national law by virtue of Carrier in apparent good order and condition, except as otherwise noted, of be entitled to charge such additional Freight and Costs as the Carrier may
herein. Copies of the applicable Tariff are obtainable from the Carrier upon clause 5.1 or clause 6.2(a) the Carrier’s liability shall in no event exceed the the total number of Containers or other Packages or units entered in the box determine; or
request. In the case of inconsistency between this bill of lading and the amounts provided in the applicable national law. If the Hague Rules Articles 1- on the reverse side hereof entitled “Total No. of Containers or Packages (c) Abandon the Carriage of the Goods and place them at the Merchant’s
applicable Tariff, this bill of lading shall prevail. 8 only apply pursuant to clauses 5.1 or 6.2(c) the Carrier’s maximum liability received by Carrier”. disposal at any place or port, which the Carrier may deem safe and
shall in no event exceed GBP 100 per Package or unit. 14.2 No representation is made by the Carrier as to the weight, contents, convenient, whereupon the responsibility of the Carrier in respect of such
3. WARRANTY (b) Where Carriage includes Carriage to, from or through a port in the United measure, quantity, quality, description, condition, marks, numbers or value of Goods shall cease. The Carrier shall nevertheless be entitled to full Freight on
The Merchant warrants that in agreeing to the Terms and Conditions hereof he States of America and US COGSA applies by virtue of clauses 5.1 or 6.2(b) the Goods and the Carrier shall be under no responsibility whatsoever in the Goods received for the Carriage, and the Merchant shall pay any
is, or has the authority to contract on behalf of, the Person owning or entitled neither the Carrier nor the Vessel shall in any event be or become liable in an respect of such description or particulars. additional costs incurred by reason of the abandonment of the Goods. If the
to possession of the Goods and this bill of lading. amount exceeding USD 500 per Package or customary freight unit. 14.3 The Shipper warrants to the Carrier that the particulars relating to the Carrier elects to use an alternative route under clause 20(a) or to suspend the
(c) In all other cases compensation shall not exceed the limitation of liability of Goods as set out on the reverse hereof have been checked by the Shipper on Carriage under clause 20(b) this shall not prejudice his right subsequently to
4. SUBCONTRACTING 2 SDRs per kilo of the gross weight of the Goods lost or damaged receipt of this bill of lading and that such particulars, and any other particulars abandon the Carriage.
4.1 The Carrier shall be entitled to sub-contract on any terms whatsoever the 7.3 The Merchant agrees and acknowledges that the Carrier has no furnished by or on behalf of the Shipper, are adequate and correct. The
whole or any part of the Carriage. knowledge of the value of the Goods and higher compensation than that Shipper also warrants that the Goods are lawful goods, and contain no 21. DANGEROUS GOODS
4.2 The Merchant undertakes that no claim or allegation, whether arising in provided for in this bill of lading may be claimed only when, with the consent of contraband, drugs, other illegal substances or stowaways, and that the Goods 21.1 No Goods which are or which may become of a dangerous, noxious,
contract, bailment, tort or otherwise shall be made against any servant, agent, the Carrier, the value of the Goods declared by the Shipper upon delivery to will not cause loss damage or expense to the Carrier, or to any other cargo hazardous, flammable, or damaging nature (including radioactive material), or
or Subcontractor of the Carrier, which imposes or attempts to impose upon the Carrier has been stated in the box marked “Shipper Declared Value” on during the Carriage. which are or may become liable to damage any Persons or property
any of them or any vessel owned or chartered by any of them any liability the reverse hereof and extra freight paid. In that case, the amount of the 14.4 If any particulars of any Letter of Credit and/or Import License and/or whatsoever, and whether or not so listed in any official or unofficial,
whatsoever in connection with the Goods or the Carriage of the Goods declared value shall be substituted for the limits laid down in this bill of lading. Sales Contract and/or Invoice or Order number and/or details of any contract international or national code, convention, listing or table shall be tendered to
whether or not arising out of negligence on the part of such Person, and, if any Any partial loss or damage shall be adjusted pro rata on the basis of such to which the Carrier is not a party, are shown on the face of this bill of lading, the Carrier for Carriage without previously giving written notice of their nature,
such claim or allegation should nevertheless be made, to indemnify the Carrier declared value. such particulars are included at the sole risk of the Merchant and for his character, name, label and classification (if applicable) to the Carrier and
against all consequences thereof. Without prejudice to the foregoing every 7.4 Nothing in this bill of lading shall operate to limit or deprive the Carrier of convenience. The Merchant agrees that the inclusion of such particulars shall obtaining his consent in writing and without distinctly marking the Goods and
such servant, agent, and Subcontractor shall have the benefit of all Terms and any statutory protection, defence, exception or limitation of liability authorised not be regarded as a declaration of value and in no way increases the the Container or other covering on the outside so as to indicate the nature and
Conditions of whatsoever nature herein contained or otherwise benefiting the by any applicable laws, statutes or regulations of any country. The Carrier Carrier’s liability under this bill of lading. character of any such Goods and so as to comply with any applicable laws,
Carrier including clause 26 hereof the law and jurisdiction clause, as if such shall have the benefit of the said laws, statutes or regulations as if it were the regulations or requirements. If any such Goods are delivered to the Carrier
Terms and Conditions (including clause 26 hereof) were expressly for their owner of any carrying ship or vessel. 15. MERCHANT’S RESPONSIBILITY without obtaining his consent and/or such marking, or if in the opinion of the
benefit and, in entering into this contract, the Carrier, to the extent of such 15.1 All of the Persons coming within the definition of Merchant in clause 1 Carrier the Goods are or are liable to become of a dangerous, noxious,
Terms and Conditions, does so on its own behalf, and also as agent and 8. GENERAL shall be jointly and severally liable to the Carrier for the due fulfilment of all hazardous, flammable or damaging nature they may at any time or place be
trustee for such servants, agents and Subcontractors. 8.1 The Carrier does not undertake that the Goods or any documents relating obligations undertaken by the Merchant in this bill of lading. unloaded, destroyed, disposed of, abandoned or rendered harmless without
thereto shall arrive or be available at any point or place at any stage during the 15.2 The Merchant shall be liable for and shall indemnify the Carrier against all compensation to the Merchant and without prejudice to the Carrier’s right to
5. CARRIER’S RESPONSIBILITY : PORT-TO-PORT SHIPMENT Carriage or at the Port of Discharge or the Place of Delivery at any particular loss, damage, delay, fines, attorney fees and/or expenses arising from any Freight and, the Carrier shall be under no liability to make any general average
5.1 Where the Carriage is Port-to-Port, then the liability (if any) of the Carrier time or to meet any particular requirement of any licence, permission, sale breach of any of the warranties in clause 14.3 or from any other cause contribution in respect of such Goods.
for loss of or damage to the Goods occurring between the time of loading at contract, or credit of the Merchant or any market or use of the Goods and the whatsoever in connection with the Goods for which the Carrier is not 21.2 The Merchant warrants that such Goods are packed in a manner
the Port of Loading and the time of discharge at the Port of Discharge shall be Carrier shall under no circumstances whatsoever and howsoever arising be responsible. adequate to withstand the risks of Carriage having regard to their nature and
determined in accordance with any national law making the Hague Rules liable for any direct, indirect or consequential loss or damage caused by delay. 15.3 The Merchant shall comply with all regulations or requirements of in compliance with all laws, regulations or requirements which may be
compulsorily applicable to this bill of lading (which will be US COGSA for If the Carrier should nevertheless be held legally liable for any such direct or customs, port and other authorities, and shall bear, pay and indemnify the applicable during the Carriage.
shipments to or from the United States of America) or in any other case in indirect or consequential loss or damage caused by such alleged delay, such Carrier against all duties, taxes, fines, imposts, expenses, damage, delay 21.3 The Merchant shall indemnify the Carrier against all claims, liabilities,
accordance with the Hague Rules Articles 1-8 inclusive only. liability shall in no event exceed the Freight paid for the Carriage. attorney fees or losses (including, without prejudice to the generality of the loss, damage, delay, costs, fines and/or expenses arising in consequence of
5.2 The Carrier shall have no liability whatsoever for any loss or damage to the 8.2 Save as is otherwise provided herein, the Carrier shall under no foregoing Freight for any additional Carriage undertaken) incurred or suffered the Carriage of such Goods, and/or arising from breach of any of the
Goods while in its actual or constructive possession before loading or after circumstances be liable for direct or indirect or consequential loss or damage by reason thereof, or by reason of any illegal, incorrect, untimely or insufficient warranties in clause 21.2 including any steps taken by the Carrier pursuant to
discharge, howsoever caused. Notwithstanding the above, in case and to the arising from any other cause whatsoever or for loss of profits. declaration, marking, numbering or addressing of the Goods. clause 21.1 whether or not the Merchant was aware of the nature of such
extent that any applicable compulsory law provides to the contrary, the Carrier 8.3 Once the Goods have been received by the Carrier for Carriage the 15.4 If Containers supplied by or on behalf of the Carrier are unpacked at the Goods.
shall have the benefit of every right, defence, limitation and liberty in the Merchant shall not be entitled to impede, delay, suspend or stop or otherwise Merchant’s premises, the Merchant is responsible for returning the empty 21.4 Nothing contained in this clause shall deprive the Carrier of any of his
Hague Rules as applied by clause 5.1 during such additional compulsory interfere with the Carrier’s intended manner of performance of the Carriage or Containers, with interiors clean, odour free and in the same condition as rights provided for elsewhere.
period of responsibility, notwithstanding that the loss or damage did not occur the exercise of the liberties conferred by this bill of lading nor to instruct or received, to the point or place designated by the Carrier, within the time
at sea. require delivery of the Goods at other than the Port of Discharge or Place of prescribed. Should a Container not be returned in the condition required 22. NOTIFICATION AND DELIVERY
5.3 Where US COGSA applies then the provisions stated in the said Act shall Delivery named on the reverse hereof or such other Port or Place selected by and/or within the time prescribed in the Tariff, the Merchant shall be liable for 22.1 Any mention in this bill of lading of parties to be notified of the arrival of
govern before loading on the vessel or after discharge therefrom, as the case the Carrier in the exercise of the liberties herein, for any reason whatsoever any detention, loss or expense incurred as a result thereof. the Goods is solely for information of the Carrier. Failure to give such
may be, during Carriage to or from a container yard or container freight station including but not limited to the exercise of any right of stoppage in transit 15.5 Containers released into the care of the Merchant for packing, unpacking notification shall not involve the Carrier in any liability nor relieve the Merchant
in or immediately adjacent to the sea terminal at the Port of Loading and/or conferred by the Merchant’s contract of sale or otherwise. The Merchant shall or any other purpose whatsoever are at the sole risk of the Merchant until of any obligation hereunder.
Discharge. If the Carrier is requested by the Merchant to procure Carriage by indemnify the Carrier against all claims, liabilities, loss, damages, costs, delay, redelivered to the Carrier. The Merchant shall indemnify the Carrier for all loss 22.2 The Merchant shall take delivery of the Goods within the time provided
an inland carrier in the United States of America and the inland carrier in his attorney fees and/or expenses caused to the Carrier, his Subcontractors, of and/or damage and/or delay to such Containers. Merchants are deemed to for in the applicable Tariff. If the Merchant fails to do so, the Carrier may
discretion agrees to do so, such carriage shall be procured by the Carrier as servants or agents or to any other cargo or to the owner of such cargo during be aware of the dimensions and capacity of any Containers released to them. without notice unpack the Goods if packed in Containers and/or store the
agent only to the Merchant and such carriage shall be subject to the inland the Carriage arising or resulting from any stoppage (whether temporary or Goods ashore, afloat, in the open or under cover at the sole risk of the
carrier’s contract and tariff. If for any reason the Carrier is denied the right to permanent) in the Carriage of the Goods whether at the request of the 16. FREIGHT, EXPENSES AND FEES Merchant. Such storage shall constitute due delivery hereunder, and
act as agent at these times, his liability for loss damage or delay to the Goods Merchant, or in consequence of any breach by the Merchant of this clause, or 16.1 Full Freight shall be payable based on particulars furnished by or on thereupon all liability whatsoever of the Carrier in respect of the Goods or that
shall be determined in accordance with clause 6 hereof. in consequence of any dispute whatsoever in respect of the Goods (including, behalf of the Shipper. The Carrier may at any time open the Goods or part thereof shall cease and the costs of such storage shall forthwith upon
5.4 In the event that the Merchant requests the Carrier to deliver the Goods: but without restriction, disputes as to ownership, title, quality, quantity or Container(s) and, if the Shipper’s particulars are incorrect the Merchant and demand be paid by the Merchant to the Carrier.
(a) at a port other than the Port of Discharge; or description of and/or payment for the Goods) involving any one or more party the Goods shall be liable for the correct Freight and any expenses incurred in 22.3 If the Goods are unclaimed within a reasonable time or whenever in the
(b) (save in the United States of America) at a place of delivery instead of the defined herein as the Merchant as between themselves or with any third party examining, weighing, measuring, or valuing the Goods. Carrier’s opinion the Goods are likely to deteriorate, decay or become
Port of Discharge, and the Carrier in its absolute discretion agrees to such other than the Carrier and the liberties provided for in clauses 19 and 20 shall 16.2 Full Freight shall be considered completely earned on receipt of the worthless, or incur charges whether for storage or otherwise in excess of their
request, such further Carriage will be undertaken on the basis that the Terms be available to the Carrier in the event of any such stoppage. Goods by the Carrier and shall be paid and non-returnable in any event. value, the Carrier may at his discretion and without prejudice to any other
and Conditions of this bill of lading are to apply to such Carriage as if the 8.4 The Terms and Conditions of this bill of lading shall govern the 16.3 All sums payable to the Carrier are due on demand and shall be paid in rights which he may have against the Merchant without notice and without any
ultimate destination agreed with the Merchant had been entered on the responsibility of the Carrier in connection with or arising out of the supplying of full in United States currency or, at the Carrier’s option, in its equivalent in the responsibility attaching to him sell, abandon or otherwise dispose of the Goods
reverse side of this bill of lading as the Port of Discharge or Place of Delivery. a Container to the Merchant whether before, during or after the Carriage. currency of the Port of Loading or of Discharge or the Place of Receipt or of at the sole risk and expense of the Merchant and apply any proceeds of sale
Delivery or as specified in the Carrier’s Tariff. in reduction of the sums due to the Carrier from the Merchant in respect of this
6. CARRIER’S RESPONSIBILITY – COMBINED TRANSPORT 9. NOTICE OF LOSS, TIME BAR 16.4 The Merchant’s attention is drawn to the stipulations concerning currency bill of lading.
Where the Carriage is Combined Transport, the Carrier undertakes to perform Unless notice of loss or damage and the general nature of such loss or in which the Freight is to be paid, rate of exchange, devaluation, additional 22.4 Refusal by the Merchant to take delivery of the Goods in accordance with
and/or in his own name to procure performance of the Carriage from the Place damage be given in writing to the Carrier or his agents at the Place of Delivery insurance premium and other contingencies relative to Freight in the the terms of this clause and/or to mitigate any loss or damage thereto shall
of Receipt or the Port of Loading, whichever is applicable, to the Port of (or Port of Discharge if no Place of Delivery is named on the reverse hereof) applicable Tariff. In the event of any discrepancy between Freight (incl. constitute a waiver by the Merchant to the Carrier of any claim whatsoever
Discharge or the Place of Delivery, whichever is applicable, and, save as is before or at the time of removal of the Goods into the custody of the Merchant charges etc) items in the bill of lading and any Carrier invoices, the latter shall relating to the Goods or the Carriage thereof.
otherwise provided for in this bill of lading, the Carrier shall be liable for loss or or if the loss or damage is not apparent within three days thereafter, such prevail. 22.5 The Carrier may in his absolute discretion receive the Goods as Full
damage occurring during the Carriage only to the extent set out below: removal shall be prima facie evidence of the delivery by the Carrier of the 16.5 All Freight shall be paid without any set-off, counter-claim, deduction or Container Load and deliver them as less than Full Container Load and/or as
6.1 Where the stage of Carriage where loss or damage occurred is not known. Goods as described in this bill of lading. In any event, the Carrier shall be stay of execution at latest before delivery of the Goods. break bulk cargo and/or deliver the Goods to more than one receiver. In such
(a) Exclusions discharged from all liability whatsoever in respect of the Goods unless suit is 16.6 If the Merchant fails to pay the Freight when due he shall be liable also event the Carrier shall not be liable for any shortage, loss, damage or
The Carrier shall be relieved of liability for any loss or damage where such brought within nine months after their delivery or the date when they should for payment of service fee or interest due on any outstanding sum, reasonable discrepancies of the Goods, which are found upon the unpacking of the
loss or damage was caused by: have been delivered. attorney fees and expenses incurred in collecting any sums due to the Carrier. Container.
(i) an act or omission of the Merchant or Person acting on behalf of the Payment of Freight and charges to a freight forwarder, broker or anyone other
Merchant other than the Carrier, his servant, agent or Subcontractor, 10. DEFENCES AND LIMITS FOR THE CARRIER than the Carrier or its authorised agent, shall not be deemed payment to the 23. BOTH-TO-BLAME COLLISION AND NEW JASON CLAUSE
(ii) compliance with instructions of any Person entitled to give them. The Terms and Conditions of whatever nature provided for in this bill of lading Carrier and shall be made at the Merchant’s sole risk. The Both-to-Blame Collision and New Jason clauses published and/or
(iii) insufficient or defective condition of packing or marks, shall apply in any action against the Carrier for any loss or damage approved by BIMCO and obtainable from the Carrier or his agent upon request
(iv) handling, loading, stowage or unloading of the Goods by the Merchant or whatsoever and howsoever occurring (and, without restricting the generality of 17. LIEN are hereby incorporated herein.
any Person acting on his behalf, the foregoing, including delay, late delivery and/or delivery without surrender The Carrier shall have a lien on the Goods and any documents relating thereto
(v) inherent vice of the Goods, of this bill of lading) and whether the action be founded in contract, bailment or for all sums payable to the Carrier under this contract and for general average 24. GENERAL AVERAGE AND SALVAGE
(vi) strike, lock out, stoppage or restraint of labour, from whatever cause, in tort and even if the loss or damage arose as a result of unseaworthiness, contributions to whomsoever due. The Carrier shall also have a lien against 24.1 General average to be adjusted at any port or place at the Carrier’s
whether partial or general, negligence or fundamental breach of contract. the Merchant on the Goods and any document relating thereto for all sums option and to be settled according to the York-Antwerp Rules 1994, this
(vii) a nuclear incident, due from him to the Carrier under any other contract. The Carrier may covering all Goods carried on or under deck. General average on a vessel not
(viii) any cause or event which the Carrier could not avoid and the 11. SHIPPER-PACKED CONTAINERS exercise his lien at any time and any place in his sole discretion, whether the operated by the Carrier shall be adjusted according to the requirements of the
consequences whereof he could not prevent by the exercise of reasonable If a Container has not been packed by the Carrier: contractual Carriage is completed or not. In any event any lien shall extend to operator of that vessel.
diligence. 11.1 This bill of lading shall be a receipt only for such a Container; cover the cost of recovering any sums due and for that purpose the Carrier 24.2 Such security including a cash deposit as the Carrier may deem sufficient
(b) Burden of Proof 11.2 The Carrier shall not be liable for loss of or damage to the contents and shall have the right to sell the Goods by public auction or private treaty, to cover the estimated contribution of the Goods and any salvage and special
The burden of proof that the loss or damage was due to one or more of the the Merchant shall indemnify the Carrier against any injury, loss, damage, without notice to the Merchant. The Carrier’s lien shall survive delivery of the charges thereon, shall, if required, be submitted to the Carrier prior to delivery
causes or events specified in this clause 6.1 shall rest upon the Carrier. Save liability or expense whatsoever incurred by the Carrier if such loss of or Goods. of the Goods. The Carrier shall be under no obligation to exercise any lien for
that if the Carrier establishes that, in the circumstances of the case, the loss or damage to the contents and/or such injury, loss, damage, liability or expense general average contribution due to the Merchant.
damage could be attributed to one or more of the causes or events specified in has been caused by any matters beyond his control including, inter alia, 18. OPTIONAL STOWAGE, DECK CARGO AND LIVESTOCK
clause 6.1(a)(iii), (iv) or (v), it shall be presumed that it was so caused. The without prejudice to the generality of this exclusion. 18.1 The Goods may be packed by the Carrier in Containers and consolidated 25. VARIATION OF THE CONTRACT
Merchant shall, however, be entitled to prove that the loss or damage was not, (a) the manner in which the Container has been packed; or with other goods in Containers. No servant or agent of the Carrier shall have the power to waive or vary any
in fact, caused either wholly or partly by one or more of these causes or (b) the unsuitability of the Goods for carriage in Containers; or 18.2 Goods, whether packed in Containers or not, may be carried on deck or Terms and Conditions of this bill of lading unless such waiver or variation is
events. (c) the unsuitability or defective condition of the Container or the incorrect under deck without notice to the Merchant unless on the reverse side hereof it ratified in writing by the Carrier.
(c) Limitation of Liability setting of any thermostatic, ventilation, or other special controls thereof, is specifically stipulated that the Containers or Goods will be carried under
Except as provided in clauses 7.2(a), (b) or 7.3, if clause 6.1 operates, total provided that, if the Container has been supplied by the Carrier, this deck. If carried on deck, the Carrier shall not be required to note, mark or 26. LAW AND JURISDICTION
compensation shall under no circumstances whatsoever and howsoever unsuitability or defective condition could have been apparent upon reasonable stamp on the bill of lading any statement of such on-deck carriage. Save as Whenever clause 6.2(d) and/or whenever US COGSA applies, whether by
arising exceed USD 500 per package where Carriage includes Carriage to, inspection by the Merchant at or prior to the time the Container was packed. provided in clause 18.3, such Goods (except livestock) carried on or under virtue of Carriage of the Goods to or from the United States of America or
from or through a port in the United States of America and in all other cases 2 11.3 The Merchant is responsible for the packing and sealing of all shipper- deck and whether or not stated to be carried on deck shall participate in otherwise, that stage of the Carriage is to be governed by United States law
SDRs per kilo of the gross weight of the Goods lost or damaged. packed Containers and, if a shipper-packed Container is delivered by the general average and shall be deemed to be within the definition of goods for and the United States Federal Court of the Southern District of New York is to
6.2 Where the stage of Carriage where the loss or damage occurred is known. Carrier with its original seal as affixed by the Shipper intact, the Carrier shall the purpose of the Hague Rules or US COGSA and shall be carried subject to have exclusive jurisdiction to hear all disputes in respect thereof. In all other
Notwithstanding anything provided for in clause 6.1 and subject to clause 18, not be liable for any shortage of Goods ascertained at delivery. such Rules or Act, whichever is applicable. cases, this bill of lading shall be governed by and construed in accordance
the liability of the Carrier in respect of such loss or damage shall be 11.4 The Shipper shall inspect Containers before packing them and the use of 18.3 Goods (not being Goods stowed in Containers other than flats or pallets), with English law and all disputes arising hereunder shall be determined by the
determined: Containers shall be prima facie evidence of their being sound and suitable for which are stated herein to be carried on deck and livestock, whether or not English High Court of Justice in London to the exclusion of the jurisdiction of
(a) by the provisions contained in any international convention or national law use. carried on deck, are carried without responsibility on the part of the Carrier for the courts of another country.
which provisions: loss or damage of whatsoever nature or delay arising during the Carriage