Terms & Conditions

Subject to the terms and conditions of tariffs making reference hereto Bill of Lading clauses 

are as follows:

Received for shipment, in apparent good order and condition unless otherwise noted herein, the 

number of containers or other package or pieces shown in the "Carrier's Receipt" and said by the 

Shipper to hold goods described in the " Particulars Furnished by Shipper. "The Carrier shall have 

the right at its sole discretion to use feederships, ferries, lighters, trucks, trains or planes, in 

addition to the Ocean Vessel or its substitute, to accomplish said carriage. If the goods are 

shipped from or are consigned to a port or place not directly served by Carrier's own vessel, or in 

case of a through shipment, or transshipment the Carrier will, acting only as the Shipper's AGENT, 

arrange for transportation of the shipment by other carriers from the place of shipment to the port 

of loading on Carrier's Vessel and from the port of discharge from Carrier's vessel to ultimate 

destination, and during such segments of transportation the carriage,handling or storage of the 

goods shall be subject to the freight contracts and tariffs of such other carriers. However, this 

Carrier guarantees the performance of the obligation of such previous carriers or on-carriers under 

their freight documents. The liability of this Carrier as a carrier shall commence when the shipment 

is received into its exclusive custody and shall terminate when the goods are ready for delivery to 

consignee or on-carrier, and the Carrier shall not be liable for damage or losses not occurring on its 

own segment of the overall carriage.  The Carrier shall hold for the benefit of the owner of the goods 

all bills of lading, freight documents or receipts issued by other carriers or bailees. The receipt, 

bailment, carriage, delivery and trans-shipment of the goods are subject to all the terms, conditions 

and limitations of this bill of lading and of the Carrier's regularly filed Freight Tariffs and Regulations, 

which are deemed incorporated herein as if set forth at length, and shall govern the relations, 

whatsoever they may be, between the Shipper, Consignee or holder and the Carrier Master, ocean 

vessel, feedership, ferry, lighter or any other means of transport owned or operated by the Carrier 

and whether the carrier be acting as carrier or bailee.

 1. This bill of lading shall have effect subject to the Carriage of Goods By Sea Act of the United 

States of America, approved April 16, 1936, which shall be deemed to be incorporated herein,

and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights or

immunities or limitations or an increase of its responsibilities or liabilities under said Act. The 

provisions stated in said Act (except as otherwise specifically provided herein) shall govern before 

the shipment is loaded on and after it is dischargedfrom the vessel and throughout the entire time 

the goods are in the exclusive custody of the Carrier until made ready for delivery. If this bill of 

lading is issued or delivered in a locality where there is in force a compulsorily applicable Carriage 

of Goods by Sea Act, Ordinance or Statute of a nature similar to the international Convention 

for the Unification of Certain rules Relating Bills of Lading dated at Brussels August 25, 1925, 

it is subject to the provisions stated in such Act. Ordinance or Statute and rules thereto annexed 

which may be in effect where this bill of lading is issued.

 (a) The Carrier shall be entitled to the full benefit of, and right to, all limitations of, or exemption 

from liability authorized by any provisions of Sections 428 to 4288 inclusive of the Reylsed 

Statuted of the United Stated and amendments thereto and of any other provisions of the law of 

the United States or of any other country whose laws shall apply. The terms of this bill of lading 

constitute the contract of carriage, which is between the Shipper, Consignee and owner of the 

goods, and the owner or demise charterer of the vessel designated to carry the shipment.

 It is understood and agreed that other than the said shipowner or demise charterer, no person, 

firm or corporation or other legal entity whatsoever (including the Master, officers and crew of the 

vessel, all agents, employees, representative, and all terminal operator, stevedores, watchmen 

and other independent contractors whatsoever) is, or shall be deemed to be liable with respect 

to the goods as carrier, bailee or otherwise howsoever, in contract or in tort. If, however, it shall 

be adjudged that any other than said shipowner or demise charterer is carrier or bailee of the 

goods or under any responsibility with respect thereto, all limitations of and exonerations from 

liability provided by law or by the terms hereof shall be available to such other. In contracting for 

the foregoing exemptions, limitations and exonerations from liability, the carrier is acting as agent 

and trustee for the other above mentioned.

  2. In this bill of lading the word "vessel" shall include the vessel to be used for ocean crossing, 

named on the face hereof or any substitute ocean vessel actually used, also any feedership, 

ferry, lighter, or any other watercraft used by the Carrier in the performance of this contract the 

word "Carrier", with capital "C", shall include the Carrier named on the front side hereof, the vessel, 

her owner, demise charterer, if bound hereby, the time charterer, and any substituted ocean carrier, 

whether the owner or charterer shall be acting as carrier or bailee, the word "Shipper" shall include 

the part for whose account the goods are shipped as well as the party named as such in this bill 

of lading the word "Consignee" shall include the holder of this bill of lading, properly endorsed and 

the receiver and/or the goods,the word "charges" shall include freight and all expenses and money 

obligations incurred and payable by the owner of the goods, Shipper, Consignee or any of them, 

the words "risk and expense of the goods' shall mean also at the risk and expense of the Shipper, 

Consignee, holder or owner, the word "goods" shall include the contents of the container(s); the 

words "Government" and "Authorities" shall each include the United Nations or any similar 

international organizations and also persons purporting to exercise control of a governmental nature, 

"On Board" shall mean on board any means of transport used by the Carrier to accomplish the 

carriage covered by the bill of lading, "Port of Loading' shall mean the place where the transport 

begins and "Port of Discharge" shall mean the place where the goods are to be delivered to 

consignee or on-carrier"

  3. The scope of the sea voyage herein contracted for shall include usual or customary ports of 

call whether named in this contract or not, also ports in or out of the advertised, geographical, 

usual route or order, even though in proceeding thereto the vessel may sail beyond the port of 

discharge named herein or in a direction contrary thereto, or Return to the original port, or depart 

from the direct or customary route and includes all canals, straits, and other waters. The vessel 

may call at any port for the purpose of the current voyage, or of a prior or subsequent voyage. 

The vessel may omit calling at any port  whether scheduled or not, and may call at the same port 

more than once, may discharge the goods the first or subsequent call at the port of discharge; may 

for matters occurring before or after loading and either with or without the goods on board, and before 

or after proceeding towards the port of discharge, adjust compasses, drydock with or without cargo 

on board, stop for repairs, shift berths, make trial trips or tests, take fuel or stores, remain in port, 

lie on bottom, aground or at anchor, sail with or without pilots, towed, and save or attempt to save 

life or property, and all of the foregoing are included in the contract voyage. The vessel may carry 

contraband, explosives, munitions, war-like store, hazardous cargo, and sail armed or unarmed, 

and with or without convoy. The Carrier's sailing schedules are subject to change without notice, 

both as to sailing date and date of arrival. If this is a Through Bill of Lading, no carrier is bound to 

transport the shipment by any particular train, truck, aircraft or vessel, or in time for any particular 

market or otherwise than with reasonable dispatch, no carrier shall be liable for delay and any 

carrier shall have the right to forward the goods by substitute carrier.

  4. In any situation whatsoever and whatsoever occurring and whether existing or anticipated before 

commencement of or during the voyage, which in the judgment of the Carrier or the Master is likely

to give rise to risk of capture, seizure, detention, damage, delay or disadvantage to or loss of the

vessel or any part of her cargo, to make it unsafe, imprudent or unlawful for any reason to receive, 

keep or load the goods, or commence or proceed on or continue the voyage, or to enter or discharge

the goods disembark passengers at the port of discharge, or the usual or agreed or intended place 

of discharge in such port, or to give riseto delay or difficulty in proceeding by the usual or intended 

route,the Carrier or the Master many decline to receive, keep or load the goods or may devan 

container(s) contents or any part thereof and may require the Shipper, or other persons entitled 

thereto, to take delivery of the goods at the port of shipment and upon failure to do so, may 

warehouse the goods at the risk and expense of the goods, or the vessel, whether or not proceeding 

toward or entering or attempting to enter a port of discharge, or attempting to reach a usual place 

of discharge therein or attempting to discharge the shipment, may discharge the goods and/or 

devan the contents of any container(s) at another port, in depot, lighter, craft, or other place, or may 

forward or trans-ship them as provided in this bill of lading (Clause 10); or the Carrier or the Master 

may retain the goods vanned or unvanned, on board until the return of the vessel to the port of 

loading or to the port of discharge or until such time as the Carrier or the Master thinks advisable 

and discharge the goods at any place whatsoever as herein provided. The Carrier or the Master 

is not required to give notice of such devanning or of discharge of the goods or of the forwarding 
thereof as herein provided. When the goods are discharged from the ship, as herein provided, they 
shall be at their risk and expense; such discharging shall constitute delivery and performance under
this contract and the Carrier shall be freed from any further responsibility, unless it be shown that 
any loss or damage to the goods arose from Carrier's negligence in the discharge and delivery as 
herein provided, the burden of establishing such negligence being on the owner of the goods, For 
any service rendered to the goods as hereinabove provided or for any delay or expense to the vessel 
caused as a result thereof, the Carrier shall be entitled to a reasonable extra compensation, and 
shall have lien on the goods for such charge. Notice of disposition of the goods shall be mailed 
of Shipper of Consignee. Goods shut out from the vessel named herein for any cause may be 
forwarded on a subsequent vessel of this line or, at Carrier's option, on a vessel of another line.

 5. The Carrier shall not be responsible for the safe and proper stowing of goods in containers if 

such containers are loaded with goods by the shipper, consolidator or inland carrier, and no 

responsibility shall attach to the Carrier for any loss or damage caused to contents by shifting,

overloading or improper packing of the container, Containers loaded by the shipper, consolidator or 

inland carrier shall be properly sealed and the seal identification reference, as well as the container

reference, shall be shown herein. The shipper, consolidator or inland carrier shall inspect containers 

before loading them and loading of the containers shall be prima facie evidence that the containers 

were sound and suitable for use. The Carrier will not be liable in any event for the particulars, or 

other packages or pieces as shown in the Carrier's receipt on the face of this bill of lading. The 

Carrier makes no representation as to the quantity, weight, or description in the Particulars

Furnished by the Shipper.

 The Shipper, consignee and/or holder hereof agree to be liable for, and shall indemnity the Carrier 

for any injury, loss or damage, including fines, arising from Shipper's failure to stow the goods 

properly in containers or to declare correctly herein any of the particulars furnished by him, including 

marks, quantity and description of the goods, weight and cubic measurement of goods, and the 

exact total gross weight of container, also for any kind of damage or injury caused by the contents 

of said container(s) to other property or to persons.

 6. The Carrier shall have the right to store goods in containers and to slow containers on deck

unless this bill of lading is claused 'stowed under deck" on the face hereof by the Carrier. Containers 

stowed on deck shall be deemed for all purposes to be stowed under deck, including General 

Average and COGSA. Special container(s) or cargo space with refrigeration or heating units shall 

not be furnished unless contracted for in writing at time of booking and freight is charged on the 

basis of the rates for cargo requiring such special container(s) or space as provided in, the tariff, 

shipper shall advise Carrier of desired temperature range when delivering goods to the Carrier, and 

Carrier shall exercise due deligence to maintain desired range within plus or minus 2 degrees F 

while the containers are in its custody and control. The Carrier does not warrant refrigerating or

heating machinery of containers and shall not be responsible for its operation or maintenance 

except while the containers are in the actual custody and control at which time the Carrier shall 

exercise reasonable care in operation or maintenance of such machinery.

 7. Deck cargo (except goods carried in containers on deck) and live animals are received and 

carried solely at Shipper's and Consignee's risk (including accident or mortality of animals), and 

the Carrier shall not in any event be liable for any loss or damage thereto arising or resulting from 

any matters mentioned in Section 4, Sub-section 2(a) to(p) inclusive of the United States Carriage 

Goods By Sea Act, or from any other cause whatsoever not due to the fault of the Carrier, any 

warranty of seaworthiness in the premises being hereby waived, and the burden of proving liability 

is being in all respects upon the Shipper or Consignee.  Except as provided, above such shipments 

shall be deemed goods, and shall be subject to all items and provisions in this bill of lading relating 

to goods.

 8. If the ship comes into collision with another ship as a result of the negligence of the other ship 

and any act, neglect or default of the Master, mariner, pilot or the servants of the Carrier in the

navigation or in the management of the ship, the owners of the goods carried hereunder, will

indemnity the Carrier against all loss or liability to the other or non-carrying ship or her owners in 

so far as such loss or liability represents loss of, or damage to or any claim whatsoever of the 

owners of the said goods, paid or payable by the other or non-carrying vessel or her owners to the 

owners of said goods and set-off, recouped or recovered by the other or non-carrying vessel or her 

owners as part of their claim against the carrying vessel or Carrier.

 9. General average shall be adjusted, stated and settled according to York-Antwerp Rules 1974, 

except rule XXII thereof, at such port or place as may be selected by the Carrier, and as to matters 

not provided for these Rules, according to the laws and usage at the port of New York, Average 

agreement or bond and such additional security as may be required by the Carrier must be 

furnished before delivery of the goods. The Adjustment shall be made by an Adjuster selected by

the Carrier for the Association Average Adjusters of the U.S.A. and his Adjustment shall be prima 

facie evidence as against all interests. in this event of accident, danger, damage, or disaster, before 

or after commencement of the voyage resulting from any cause whatsoever, whether, due to 

negligence or not, for which, the Carrier is not responsible, by statute, contract or otherwise, the 

goods, the Shipper and Consignee shall contribute with the Carrier in general average to the 

payment any sacrifices, losses or expenses of a general average nature that may be made or 

incurred, and shall pay salvage and special charges incurred in respect of the goods. If a salvaging 

ship is owned or operated by the Carrier, salvage shall be paid for as fully and in the same manner 

as if such a salvaging ship be longed to strangers. Contribution to general average by all interests 

be paid to the owners even when such average is the result of fault, neglect or error of the Master, 

pilot or crew. The Shippers and Consignees expressly renounce any and all codes, statutes, laws 

or regulations which might otherwise apply.

 10. Whenever the Carrier or Master may deem it advisable, or in any case where goods are 

destined for port(s) or place(s)at which the ship will not call, the Carrier may, without Notice, 

forward the whole or any part of the shipment, before or after loading at the original Port of Shipment, 

or any other place or places even though outside the scope of the voyage or the route to or beyond 

the port of Discharge or the destination of the goods, by water, by land or by air any combination 

thereof, whether operated by the Carrier or others and whether departing or arriving or scheduled 

to depart or arrive before or after the ship expected to be used for the transportation of the shipment.   

The Carrier may delay forwarding awaiting a vessel or conveyance in its own service or with which 

it has established connections, in all cases where the shipment is delivered to another carrier, or 

to a Lighter, Port Authority, Warehouseman, or Bailee, for trans-shipment, the liability of this Carrier 

shall absolutely cease when the goods are out of its exclusive possession and shall not resume 

until the goods again come into its exclusive possession; and the responsibility of this Carrier during 

any such period shall be that of an agent of the Shipper and/or Consignee, and this Carrier shall 

be without any other responsibility whatsoever. The carriage by any trans-shipment or on-carrier 

and all trans-shipment or forwarding shall be subject to all the terms whatsoever in the regular form 

of bill of lading, consignment note, contract or other shipping document used at the time by such 

carrier.

 11. The Carrier's responsibility as carrier for the goods shall not commence until the goods are

safely secured to the vessel's loading gear at the port of loading. Immediately upon arrival of the

ship at the Port of Discharge, the Carrier may without giving notice either of arrival or discharge, 

deliver the container(s) and/or goods onto any wharf, craft, or place that the Carrier or Port 

Authorities may select and continuously Sundays and Holidays included, in daytime or nighttime, 

no matter what the state of the weather or Custom of the port may be. All lighterage and use of 

craft in loading and discharging shall be at the risk and expense of the goods. It is agreed that 

delivery by the Carrier in any event shall take place upon discharge from vessel to a safe lighter 

or dock and the responsibility of the Carrier in any capacity shall altogether cease when the goods 

have been discharged and possession is received or taken by Customs or other authorities, or by 

the operator or person in charge of any lighter, craft, wharf, store, warehouse, elevator or other 

facilities, whether selected by the Shipper. Consignee or owner of the goods, or by port authorities 

or by the Carrier, unless it be shown that any loss or damage to the goods was caused by the

Carrier's negligence in selecting the lighter or dock. The burden of establishing such negligence 

being on the Shipper or Consignee.

 12. Carrier shall not be liable for and consequential or special damages and shall have the option 

of replacing lost goods or repairing damaged goods.

 13. The Shipper, Consignee or cargo owner shall be liable for and shall indemnify the Carrier and 

vessel, and the Carrier shall have a lien on the goods, for all expenses of operating, repairing or 

reconditioning the goods, also all expenses for repairing container damaged while in the possession 

of shipper or consignee and demurrage on containers, also Shipper's or Consignee's failure to 

supply information or otherwise comply with laws and regulations in connection with the goods.

The Carrier's lien shall survive delivery and be enforced by private or public sale and without notice.

 14. Since freight is calculated on the basis of particulars furnished by the Shipper, the Carrier may 

at any time inspect the contents of container(s) and examine the contents of the packages, weight, 

measure and value the goods, inc case Shipper's particulars are found to be erroneous and 

additional freight is payable, the Shipper, consignee and goods shall be liable for all expense 

incurred for examining, weighing, measuring and valuing the goods. Full freight to destination shall 

be considered completely earned on shipment, whether the freight be stated or intended to be 

prepaid or to be collected at destination and the Carrier shall be entitled to all freight and charges 

due hereunder, whether actually paid or not, and to receive and retain them irrevocably under all 

circumstances whatsoever, vessel and/or goods lost or not lost or the voyage broken up or 

abandoned. All unpaid charges shall be paid in full and without any offset, counterclaim or deduction, 

in the currency of the United States, or at Carrier's option, its equivalent in foreign currency. The 

said Carrier shall have a lien on the goods, which lien shall survive delivery, for all freight and charges 

due under this bill of lading and under any contract preliminary hereto, including dead freight and for 

the cost of receiving such freight and demurrage, and may enforce this line by public or private sale 

and without notice. The Shipper, Consignee and owner of the goods shall be jointly and severally 

liable to the Carrier for the payment of all freight and charges and the performance of the obligation 

of each of the obligation of each of them hereunder.

 15. Neither the Carrier nor its terminal operator or stevedore shall be liable to answer for or make 

good any loss or damage to goods occurring at any time and even though before loading on or 

after discharge from the vessel, by means of any five whatsoever, unless such fire shall be caused 

by their design or neglect.

 16. In case or nay loss or damage to or in connection with goods exceeding in actual value the 

equivalent of $500 lawful money of the United States, per package, or in case of goods not shipped 

in package, per shipping unit, the value of the goods shall be deemed to by $500 per package or 

per shipping unit. The Carrier's liability if any, shall be determined on the basis of a value of $500 

per package or per shipping unit or pro rata in case of partial loss or damage, unless the nature of

the goods and a valuation higher than $500 per package or shipping unit shall have been declared 

in writing by the Shipper upon delivery to the Carrier and inserted in this bill of lading and extra 

charge paid. In such care if the actual value of the goods per package or per shipping unit shall 

exceed such declared value shall nevertheless be deemed to be declared value and the Carrier's 

liability, if any, shall not exceed the declared value and any partial loss or damage shall be adjusted 

pro rata on the basis of such declared value. The world “shipping unit" shall mean each physical

unit or piece of cargo not shipped in a package, including articles or things of any description 

whatsoever, except goods shipped in bulk, and irrespective of the weight or measurement unit 

employed in calculating freight charges.

 17. The Carrier and the vessel shall be discharged from all liability in respect of loss, damage, 

misdelivery or in respect of any other breach of this contract, whether occurring before loading, 

on board or after discharge, unless suit is brought within one year after delivery of the shipment 

or the date when the shipment should have been delivered. Suit shall not be deemed brought 

unless jurisdiction shall have been obtained over the Carrier and/or the vessel by service of process 

or by an agreement to appear. The Shipper, Consignee, holder hereof or owner of the goods and 

their assignees, subrogees or representatives shall file any and all claims directly with the Carrier 

or other party responsible for any loss, damage, injury, expense, it being specifically agreed that 

this carrier shall not be responsible for any loss, damage, injury, expense not occurring on its 

own ocean route, nor while the goods are not in its actual custody and control.  Upon written 

request, the Carrier will furnish Shipper, Consignee, holder hereof and/or owner of the goods with 

original bills of lading, receipts, consignment notes or other documents being held for their benefit 

which may be required to file claim against any other carriers or parties.

 18. Any bookings, freight engagements, dock receipts, boat notes, interchanges or other 

agreements relating to the shipment previously made are superseded by this bill of lading and by 

the Carrier's Freight Tariff Rules and Regulations, which shall be deemed incorporated herein as 

if set forth at length. The Carrier's Freight Tariff Rules and Regulations are filed with the Maritime 

Commission, Washington, D.C. and are also available at any of the Carrier's offices.

 19. Nothing in this bill of lading shall operate the Carrier of any statutory protection or exemption 

from, or limitation of liability contained in the laws of the United States, or in the laws of any 

other country which may be applicable. This bill of lading shall be construed according to the laws 

of the United States and the shipper, consignee and holder hereof agree that any suits against the 

Carrier shall be brought in the Federal Courts of the United States in the City of New York. The 

terms of this bill of lading shall be separable, and if any part or term hereof shall be held invalid, 

such holding shall not effect the validity or enforceability of any other part or term hereof.

 20. If this is a through bill of lading covering a U.S.A. land bridge movement, all claims shall be 

filed with this Carrier, which will be responsible for their processing (a) in accordance with term 

of the land carriers' contracts and tariffs, where loss or damage occurs while goods are in custody 

of a U.S.A. Land carrier, or (b) in accordance with terms of this bill of lading where goods are lost 

or damaged while in the custody of this Carrier. All claims and suits must be commenced within 

time limits of applicable contracts and statutes in the event this Carrier pays a claim. It shall be 

subrogated to claimant's rights against participating carriers. When is cannot be established in 

whose custody the gods were when the loss or damage occurred, the loss or damage shall be 

deemed to have occurred the sea voyage while in the custody of this Carrier.

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