Telex Release Bill of Lading
Telex Release Bill of Lading
Telex Release Bill of Lading
Exporter / Shipped From Booking Number Bill of Lading Number B/L Issue Date
FLXT-958607-1184970 FLXT00000958607A
EVERLANE
2170 FOLSOM ST
San Francisco, CA 94110-1320 Port of Loading Vessel & Voyage
USA
Hai Phong, Vietnam HAIAN PARK - 237S
Geodis Mekong Cargo Freight Co. FLEXPORT INTERNATIONAL LLC 760 MARKET STREET, FLOOR 8 SAN
Everlane Receiving FRANCISCO, CA 94102, USA ARRIVALNOTICE@FLEXPORT.COM
9750 Commerce Circle
Kutztown, PA 19530 Agent Reference Number Point of Origin/ FTZ Number Containerized
USA
LCL
Marks and Numbers No. of Packages Description of Packages and Goods Gross Weight Measurement
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UPC #
UNICO GLOBAL INC
VIET NAM
Containers
NIL
In accepting this bill of lading, any local customs or privileges to the contrary notwithstanding, the shipper, consignee and owner of the goods Loaded on Board
and the holder of this bill of lading, agree to be bound by all the stipulations, exceptions and conditions stated herein whether written, printed,
Nov 22, 2020
stamped or incorporated on the front or reverse side hereof, as fully as if they were all signed by such shipper, consignee, owner or holder.
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9. (Description and Particulars of Goods) Any reference on the face of this Bill of Lading to marks, numbers, 22. (Fire) The Carrier shall not be responsible for any loss of or damage to the Goods arising from fire
Combined Transport Bill of Lading description, quantity, quality, gauge, weight, measure, nature, kind, value, and any other particulars of the occurring at any time, even though before loading on or after discharge from the Vessel, unless caused by
1. (Definitions) When used in this Bill of Lading (A) "Carrier" means Flexport International LLC. (B) "Inland Goods, is as furnished by the Merchant. The Carrier shall not be responsible for the accuracy of any such the actual fault or privity of the Carrier.
Carrier" means carriers (other than the Carrier) by land, water or air, participating in combined transport of reference and is not bound thereby. The Merchant warrants to the Carrier that the descriptions and particulars
23. (Specific and General Liens) (A) The Carrier shall have a general and continuing lien on the Goods as well
the Goods, whether acting as carrier or bailee. (C) "Combined Transport" means carriage of the Goods under furnished by him are correct, and the Merchant shall indemnify the Carrier against all loss, damage, expenses,
as on any other property of the Merchant coming into the Carrier's actual or constructive possession or
this Bill of Lading from place of receipt from Merchant to place of delivery to Merchant by the Carrier plus liability, penalties and fines arising or resulting from inaccuracy of any description or particular.
control for monies owed to the Carrier with regard to the shipment on which the lien is claimed, a prior
one or more Inland Carriers. (D) "Port-to-Port Transportation" means carriage of the Goods under this Bill of 10. (Use of Container) When the Goods are not already packed into a container at the time of receipt by the shipment(s), or any other prior obligation, including, without limitation, freight, dead freight demurrage,
Lading other than combined transport. (E) "Merchant" includes the shipper, consignor, consignee, owner, Carrier, the Carrier shall be at liberty to pack and carry the Goods in any type of container. detention, any Charges, and for any expenses the Carrier incurs for storage, security, repacking, remarking,
and receiver of the Goods and the holder of this Bill of Lading. (F) "Goods" mean the cargo described on the fumigation, or required disposal of Goods, for fines, dues, tolls, or commissions the Carrier has paid or
face of this Bill of Lading and, if the cargo is packed into container(s) supplied or furnished by or on behalf of 11. (Carrier's Container) (A) The Merchant assumes full responsibility for and shall indemnify the Carrier against
advanced on behalf of the Goods, for any sums, including, without limitation, for legal expenses the Carrier
the Merchant, include the container(s) as well. (G) "Vessel" includes the vessel named on the face of this Bill any loss of or damage to the Carrier's containers and other equipment if the loss or damage is caused or occurs
has incurred because of any attachment or other legal proceedings brought against the Goods by
of Lading and any ship, craft, lighter, barge or other means of transport that is substituted in whole or in while in the possession or control of the Merchant, his agents, or common carriers engaged by or on behalf of
governmental authorities or any person claiming an interest in the Goods. The failure to pay any Charges
part for that vessel. (H) "Container" includes any containers (including an open top container) flat rack, the Merchant (B) The Carrier shall in no event be liable for, and the Merchant shall indemnify and hold the
may result in a lien on a future shipment(s), including the cost of storage and appropriate security for the
platform, trailer, transportable tank, pallet or any other device used for transportation of goods. (I) "Laden Carrier harmless from, any death of or injuries to persons, or loss of or damage to property, caused by the
subsequent shipment(s) that the Carrier may hold under this section. In any event, the Carrier's lien shall
on Board" or similar words endorsed on this Bill of Lading means that the Goods have been loaded on board Carrier's container or its contents while in the possession or control of the Merchant, his agents, or common
survive discharge or delivery of the Goods. (B) The Carrier shall provide written notice to the Merchant of
the Vessel or are in the custody of the Carrier, and in the event of Combined Transport if the originating carriers engaged by or on behalf of the Merchant.
the Carrier's intent to exercise its lien rights, which notice shall set forth the exact amount of monies due.
carrier is an Inland Carrier. "On Board" means that the Goods have been loaded on board rail cars or other 12. (Container Packed by Merchant) If the cargo received by the Carrier or Inland Carrier is in a container The Merchant shall notify all parties that it knows to have an interest in the shipment(s) of the Carrier's lien
means of Inland carriage or are in the custody of a participating railroad or other Inland Carrier. (J) packed by or on behalf of the Merchant. (A) this Bill of Lading is prima facie evidence of the receipt only of the rights and the exercise of such rights. (C) Unless, within 30 days of receiving notice of lien, the Merchant
"Subcontractor" includes stevedores, longshoremen, lighterers, terminal operators, warehousemen, number on the face of this Bill of Lading. The condition and particulars of the contents are unknown to the posts cash or letter of credit at sight, or if the amount due is in dispute, an acceptable bond equal to 110 per
truckers, agents, servants, and any person, firm, corporation or other legal entity which performs services Carrier and Inland Carriers, and the Carrier accepts no responsibility for the accuracy of the description of cent of the value of the total amount due, in favor of Carrier, guaranteeing payment of all monies due, plus
incidental to the carriage of the Goods. (K) "United States" or "U.S." means the United States of America. condition or particulars. (B) The Merchant warrants (1) that the stowage of the contents of the containers and all ongoing and accruing charges, such as storage, the Carrier shall have the right to enforce its lien by
2. (Clause Paramount) (A) Insofar as this Bill of Lading covers carriage of Goods by water, this Bill of Lading the closing and sealing of the containers are safe and proper, and (2) that the containers and their contents are public or private sale of the Goods or any other property of the Merchant, in bulk or in packages, at any
shall have effect subject to the provisions of the "Hague Rules", namely the International Conventions for suitable for handling and carriage in accordance with the terms of this Bill of Lading, including Article 15. In the time or place and on any terms that are commercially reasonable, after which the Carrier shall refund to the
the Unification of Certain Rules Relating to Bills of Lading, dated at Brussels, August 25, 1924, as amended event of the Merchant's breach of any of these warranties, the Merchant and not the Carrier shall be Merchant any net proceeds remaining after such sale. (D) If Goods are unclaimed during a reasonable time,
(including, where enacted, the Protocol dated at Brussels, February 23, 1968, known as the Visby Rules), as responsible for, and the Merchant shall indemnify and hold Carrier harmless from, any resulting loss or damage or whenever in the Carrier's opinion the Goods will become deteriorated, decayed or worthless, the Carrier
enacted in the country of shipment. When no such enactment is in force in the country of shipment or is to persons or property (including the Goods) (C) The Merchant shall inspect the container when it is furnished by (without responsibility to it) may at its discretion and subject to its lien, sell, abandon, or otherwise dispose of
otherwise compulsorily applicable, the Hague Rules as enacted in the country of destination shall apply. or on behalf of the Carrier, and the container shall be deemed to have been accepted by the Merchant as being such Goods at the sole risk and expense of the Merchant.
When no such enactment is in force in the country of shipment or in the country of destination, or is in sound and suitable condition for the purpose of the transport contracted for in this Bill of Lading, unless the
24. (Freight and Charges) (A) Freight may be calculated on the basis of the particulars of the Goods furnished
otherwise compulsorily applicable, the terms of the Hague Rules as enacted by the Convention shall apply. Merchant gives notice to the contrary, in writing, to the Carrier before the transport. (D) If the container is
by the Merchant, who shall be deemed to have guaranteed to the Carrier the accuracy of the contents,
(B) If this Bill of Lading covers Goods moving to or from ports of the United States in foreign trade, then delivered after transport by the Carrier or Inland Carrier with seals intact, such delivery shall be deemed to be
weight, measure, or value as furnished by him at the time of receipt of the Goods by the Carrier or Inland
carriage of such goods shall be subject to the provisions of the United States Carriage of Goods by Sea Act, full and complete performance of the Carrier's obligation under this Bill of Lading, and the Carrier shall not be
Carrier, but the Carrier for the purpose of ascertaining the actual particulars may at any time and at the risk
1936, 46 U.S.C. P1300-1315 as amended (hereinafter "U.S. COGSA"), the terms of which shall be incorporated liable for any loss of or damage to the contents of the container. (E) The Carrier and Inland Carrier shall have
and expense of the Merchant open the container or package and examine contents, weight, measure, and
herein. The provisions of U.S. COGSA shall (except as otherwise specifically provided in this Bill of Lading) the right to open the container and to inspect its contents without notice to the Merchant, at such time and
value of the Goods. In case of incorrect declaration of the contents, weight, measure and or value of the
govern throughout the time when the Goods are in the custody of the Carrier and any other water carrier place as the Carrier or Inland Carrier may deem necessary, and all expenses incurred therefrom shall be borne
Goods, the Merchant shall be liable for and bound to pay to the Carrier: (1) the balance of freight between
and as otherwise provided in this Bill of Lading. by the Merchant. (F) If any seal of the container is broken by customs or other authorities for inspection of its
the freight charged and that which would have been due had the correct details been given, plus (2)
contents, the Carrier shall not be liable for any resulting loss, damage or expenses.
3. (Law and Jurisdiction) Whenever the Carriage of Goods by Sea Act 1936 (COGSA) of the United States of expenses incurred in determining the correct details, plus (3) as liquidated and ascertained damages, an
America applies, this contract is to be governed by United States Law. In all other cases actions against the 13. (Special Carriage or Container) (A) The Carrier does not undertake to carry the Goods in refrigerated, heated, additional sum equal to the correct freight. (B) Full freight to the port of discharge or place of delivery shall
Carrier may be instituted only in the country where the Carrier has its principal place of business and shall insulated, ventilated, or any other special hold or container, nor to carry any special container packed by or on be considered as completely earned on receipt of the Goods by the Carrier, whether the freight be stated or
be decided according to the law of such country. behalf of the Merchant, but the Carrier will treat such Goods or container only as ordinary goods or dry intended to be prepaid or to be collected at destination. The Carrier shall be entitled to all freight and other
container, respectively, unless: (1) special arrangements for the carriage of such Goods or container have been charges due hereunder, whether actually paid or not and to receive and retain such freight and charges
4. (Limitation of Liability Statutes) Nothing in this Bill of Lading shall operate to limit or deprive the Carrier of agreed to in writing between the Carrier and the Merchant; (2) such special arrangements are noted on the face under any circumstances, whether the Vessel and/or the Goods be lost or not, or the voyage be broken up,
any statutory protection, exemption from, or limitation of liability authorized by the applicable laws, of this Bill of Lading; and (3) special freights as required has been paid. The Carrier shall not be responsible for frustrated, or abandoned at any stage of the entire transit. Full freight shall be paid on damaged or
statutes, or regulations of any country. the function of a special container supplied by or on behalf of the Merchant. (B) The Carrier shall not be liable unsound Goods. (C) The Payment of freight and/or charges shall be made in full and in cash without any
5. (Sub-Contracting: Exemptions and Immunities of Subcontractors) (A) The Carrier shall be entitled to for any loss of or damage to Goods in a special hold or container arising from latent defects, breakdown, or offset, counter claim, or deduction. Where freight is payable at the port of discharge or place of delivery,
subcontract on any terms the whole or part of the handling, storage, or carrier of the Goods and any and all stoppage of the refrigeration or heating machinery, insulation, ship's plant, or other such apparatus of the such freight and all other charges shall be paid in the currency named in this Bill of Lading, or, at Carrier's
duties whatsoever undertaken by the Carrier in relation to the Goods. (B) Merchant warrants that no claim Vessel or container, provided that the Carrier shall before or at the beginning of the transport exercise due option, in other currency subject to the regulators of the freight conference concerned, if any, or custom at
shall be made against any Subcontractor (as defined in Article 1 (J), or Subcontractor, of Carrier, except diligence to maintain the special hold or container in an efficient state. (C) If the Goods have been packed into a the place of payment. (D) Goods once received by the Carrier cannot be taken away or disposed of by the
Inland Carriers where otherwise appropriate, that imposes or attempts to impose upon any of them or any refrigerated container by the Carrier or Inland Carrier, and the particular temperature range requested by the Merchant except upon the Carrier's consent and after payment of full freight and compensation for any loss
vessel owned or operated by any of them any liability in connection with the Goods, and, if any such claims Merchants is inserted in this Bill of Lading, the Carrier will set the thermostatic controls within the requested sustained by the Carrier through such taking away or disposal. (E) If the Goods are not available when the
should nevertheless be made, to indemnify the Carrier against all consequences of such claims. (C) Without temperature range but does not guarantee the maintenance of such temperature inside the container. (D) If Vessel is ready to load: (1) The Carrier is relieved of any obligation to load such Goods and the Vessel may
prejudice to the foregoing, every Subcontractor (and Subcontractor's Subcontractor) shall have the benefit the cargo received by the Carrier or Inland Carrier is in a refrigerated container packed by or on behalf of the leave the port without further notice. (2) Unless the unavailability arises in the course of combined transport
of all provisions in this Bill of Lading for the benefit of the Carrier as if such provisions were expressly for the Merchant, it is the obligation of the Merchant to stow the contents properly and set the thermostatic controls and is caused by the failure of an Inland Carrier to perform its obligations under this Bill of Lading, dead
Subcontractor's benefit. In entering into this contract the Carrier, to the extent of those provisions, does so exactly. The Carrier shall not be liable for any loss of or damage to the Goods arising out of or resulting from the freight shall be paid by the Merchant. (F) The Merchant shall be liable for and shall indemnify the Carrier
not only on its own behalf of such Subcontractors. Merchant's failure in such obligation and Carrier does not guarantee the maintenance of the intended against: (1) all dues, duties, taxes, consular fees, and other charges levied on the Goods, and (2) all fines,
temperature inside the container. damages and losses sustained by the Carrier in connection with Goods, howsoever caused, including the
6. (Route to Transport) (A) The Goods may, at the Carriers absolute discretion, be carried as a single Merchant's failure to comply with laws and regulations of any public authority in connection with the Goods,
shipment or as several shipments by the Vessel and/or any other means of transport by land, water, or air 14. (Dangerous Goods, Contraband) (A) The Carrier undertakes to carry Goods of an explosive, inflammable,
or failure to procure consular, Board of Health, or other certificates to accompany the Goods. The Merchant
and by any route whatsoever, whether or not such route is the direct, advertised, or customary route. (B) radioactive, corrosive, damaging, poisonous, or dangerous nature only upon the Carrier's approval of a written
shall be liable for return freight and changes on any Goods refused exportation or importation by any public
The Vessel shall have liberty to call and/or stay at any port or place in or out of the direct, advertised, or application by the Merchant prior to the carriage of such Goods. Such application must accurately state the
authority. (G) If the Carrier is of the opinion that the Goods are in need of sorting, inspecting, mending,
customary route, once or more often and in any order, and/or to omit calling at any port or place whether name, nature and classification of the Goods, as well as how they are dangerous and the method of rendering
repairing, or reconditioning, or otherwise require protecting or caring for, the Carrier at its discretion may,
scheduled or not. (C) The Vessel shall have liberty, either with or without the Goods on board and either them innocuous, together with the full names and addresses of the shipper and the consignee. (B) The
by itself or through Subcontractors, and as agent for the Merchant, carry out such work at the risk and
before or after proceeding toward the port of discharge to adjust to compasses and other navigational Merchant shall undertake that the nature and danger of such Goods is distinctly and permanently marked on the
expense of the Merchant. (H) The shipper, consignor, consignee, owner of the Goods and holder of this Bill
instruments, make trial trips or tests, dry dock, go to repair yards, shift berths, take on fuel or stores, embark outside of the package or container containing the Goods. (C) Merchant shall submit all documents or
of Lading shall be jointly and severally liable to the Carrier for the payment of all freight and charges and for
or disembark any person, carry contraband, explosives, munitions, war-like stores and hazardous cargo, sail certificates required in connection with such Goods by any applicable statue or regulation or by the Carrier (D)
the performance of the obligations of any of them under this Bill of Lading
with or without pilots, tow or be towed, and save or attempt to save life or property. (D) If the Goods in whole Whenever the Goods are discovered to have been received by the Carrier or Inland Carrier without complying
or in part are for any reason not carried on the Vessel named in this Bill of Lading, or if loading the Goods is with subparts (A), (B) or (C) above, or the Goods are found to be contraband or prohibited by any law or 25. (Notice of Claim and Time for Suit against Carrier) (A) Unless notice of loss or damage and the general
delayed or is likely to detain the Vessel, the Vessel may proceed without carrying or loading the Goods in regulation of any place during the transport, the Carrier shall be entitled to have such Goods rendered nature of such loss or damage be given in writing to the Carrier at the port of discharge or place of delivery
whole or in part, and notice to merchant of such sailing is hereby waived. Carrier may forward the Goods innocuous, thrown overboard, discharged, or otherwise disposed of at the Carrier's discretion without before or at the time of delivery of the Goods or, if the loss or damage is not apparent, within 3 days after
under the terms of this Bill of Lading on the next available ship or at Carrier's option by any other means of compensation, and the Merchant shall be liable for and indemnify the Carrier against any loss, damage or delivery, the Goods shall be deemed to have been delivered as described in this Bill of Lading. (B) The
transportation, whether by land, water or air. (E) At Carrier's option and without notice to Merchant, another liability, including loss of freight, and any other expenses directly or indirectly arising out of custody or carriage Carrier shall be discharged from all liability in respect of the Goods, including without limitation
ship or ships may be substituted for the Vessel named in this Bill of Lading, whether or not the substitute of such Goods. (E) The Carrier may exercise the right conferred upon it under the preceding subpart whenever nondelivery, misdelivery, delay, loss, or damage, unless suit has been brought within one year after delivery
ship is owned or operated by Carrier or arrives or departs, or is scheduled to arrive or depart, before or after it is apprehended that Goods received in compliance with subparts (A), (B) and (C) above have become of the Goods or the date when the Goods should have been delivered. Suit shall not be considered to have
the Vessel named by this Bill of Lading. (F) Any action taken by the Carrier under this Article 6 shall be dangerous, even if not dangerous when received by the Carrier or Inland Carrier. (F) The Carrier has the right been "brought" within the time specified unless process shall have been served and jurisdiction obtained
deemed to be included within the contractual carriage and such action, or delay resulting therefrom, shall to inspect the contents of any package or container at any time and place without the prior notice to Merchant over the Carrier within such time.
not be considered a deviation. Should the Carrier be held liable in respect of such action, the Carrier shall and at the risk and expense of the Merchant.
26. (Limitation of Liability) (A) Subject to subpart (B) below for the purpose of determining the extent of the
be entitled to the full benefit of all privileges, rights, and immunities contained in this Bill of Lading. 15. (Stowage Under and on Deck) (A) Goods in containers, vans, trailers, or chassis may be carried under deck or Carrier's liability for loss of or damage to the Goods, the Merchant agrees that the value of the Goods is the
7. (Responsibility) (A) Insofar as this Bill of Lading is used for Port-to-Port Transportation of the Goods, the on deck, and when such Goods are carried on deck the Carrier shall not be required to specially note mark, or Merchant's net invoice cost, plus freight and insurance premium, if paid. The Carrier shall not be liable for
Carrier shall not be responsible for loss of or damage to the Goods caused before loading or after discharge. stamp any statement of "on deck stowage" on the face of this Bill of Lading, any custom to the contrary any loss of profit or any consequential loss. (B) Insofar as the loss of or damage to or in connection with the
"Loading" shall be deemed to commence with the hooking on the vessel's tackle, or if not using the vessel's notwithstanding. Such on deck carriage shall not be considered a deviation. (B) Goods stowed in poop, Goods was caused during the part of the custody or carriage to which the applicable version of the Hague
tackle, with the receipt of the Goods on deck or in the hold of (if the Goods are in bulk liquid) in the vessel's forecastle, deck house, shelter deck, passenger space, or any other covered-in-space, or stowed in a container Rules applies: (1) The Carrier shall not be liable for loss or damage in an amount exceeding the minimum
permanent pipe connections. "Discharge" shall be deemed to be completed when the Goods have been wherever placed, shall be deemed to be stowed under deck for all purposes including general average. (C) allowable per package or unit in the applicable version of the Hague Rules, which when U.S. COGSA is
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unhooked from the vessel's tackle or removed from the vessel's deck or passed beyond the vessel's Lumber, earth moving equipment and all other Goods customarily or reasonably carried on deck may, at applicable is an amount not exceeding U.S. $500 per package or customary freight unit, unless the value
permanent pipe connections. (B) Insofar as this Bill of Lading is used for combined transport of the Goods, Carrier's option, be carried on deck without further notice to Merchant and without liability to the Carrier for the (and nature) of Goods higher than this amount has been declared in writing by the Merchant before receipt
the responsibility of the Carrier and each Inland Carrier with respect to the Goods shall be limited to the risks inherent in or incident to such carriage. Such on deck carriage shall not be considered a deviation. (D) In of the Goods by the Carrier and inserted on the face of this Bill of Lading and extra freight has been paid as
period when the carrier has custody of the Goods, and no carrier, either Ocean or Inland, shall be respect of Goods not in containers and carried on deck, and stated on this Bill of Lading to be so carried, all risks required. If the actual value of the Goods per package or unit exceeds such declared value, the value shall
responsible for any loss or damage caused while the Goods are not in its custody. Any claim for loss of or of loss or damage from perils inherent in or incident to the custody or carriage of such Goods shall be borne by nevertheless be deemed to be the declared value, and the Carrier's liability, if any, shall not exceed the
damage to the Goods, including loss or damages resulting from delay, should be made against the carrier the Merchant and in all other respects the Carrier shall have the benefit of the provisions of the applicable, declared value. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. If
having custody of the Goods when the loss or damage or delay was caused. (C) If it is established by the version of the Hague Rules (including U.S. COGSA, notwithstanding Section 1301 (c) thereof) and the terms of the declared value has been willfully misstated or is markedly higher than the actual value, the Carrier shall
Merchant that the Carrier is responsible for loss of or damage to or in connection with the Goods, such this Bill of Lading not be liable to pay any compensation. (2) Where the cargo has been packed into a container or unitized
responsibility, subject to the provisions of this Bill of Lading, shall be to the extent following but not further: into a similar article of transport by or on behalf of the Merchant, it is expressly agreed that the number of
16. (Live Animals and Plants) With respect to the custody and carriage of live animals and plants, all risks of loss
(1) With respect to loss or damage caused during the period from the time when the Goods arrived at the such containers or similar articles of transport shown on the face of this Bill of Lading shall be considered as
or damage by perils inherent in or incident to such carriage shall be borne by the Merchant, and in all other
sea terminal at the port of loading to the time when they left the sea terminal at the port of discharge, or the number of the packages or units for the purpose of the application of the limitation of liability provided
respects the Carrier shall have the benefit of the provisions of the applicable version of the Hague Rules
caused during any previous or subsequent period of carriage by sea or waterways, to the extent prescribed for in this Article.
(including U.S. COGSA, notwithstanding Section 1301(c) thereof) and the terms of this Bill of Lading.
by the applicable Hague Rules as provided in Article 2. (2) Save as indicated (C) (i) above, with respect to loss 27. (General Average: New Jason Clause) (A) General average shall be adjusted, stated and settled at any port
or damage caused during the handling, storage or carriage of the Goods by Carrier's Subcontractor, to the 17. (Valuable Goods) The Carrier shall not be liable to any extent for any loss of or damage to or in connection
or place as the Carrier's option and according to the York-Antwerp Rules, 1974 and as to matters not
extent to which such Subcontractor would have been liable to the Merchant if he had made a direct and with precious metals, stones, or chemicals, jewelry, currency, negotiable instruments, securities, writings,
provided for by these Rules, according to the laws and usages of the port or place of adjustment and in the
separate contract with the Merchant in respect of such handling, storage or carriage, provided, however, documents, works of art, curios, heirlooms, or any other valuable goods, including goods having particular
currency selected by the Carrier. The general average statement shall be prepared by the adjusters
that if the Carrier is not authorized under any applicable laws, rules or regulations to undertake such value only for the Merchant, unless the true nature and value of the Goods have been declared in writing by the
appointed by the Carrier. Average agreement or bond and such cash deposit as the Carrier may deem
handling, storage, or carriage under its own responsibility, the Carrier shall only be liable for procuring such Merchant before receipt of the Goods by the Carrier or Inland Carrier, the same is inserted on the face of this
sufficient to cover the estimated contribution of the Goods and any salvage and special charges thereon and
handling, storage or carriage. If such handling, storage or carriage occurred in or between points in Europe, Bill of Lading and additional freight has been paid as required.
any other additional securities as the Carrier may require shall be furnished by the Merchant to the Carrier
or where otherwise applicable, such responsibility shall be governed (a) if by road by the Convention on the 18. (Heavy Lift) (A) The weight of a single piece or package exceeding 2,240 lbs. gross must be declared by the before delivery of the Goods. (B) In the event of accident, danger, damage, or disaster before or after
Contract for the International Carriage of Goods by Road, dated 19 May, 1956 (CMR); (b) if by rail, by the Merchant in writing before receipt by the Carrier or Inland Carrier and must be marked clearly and durably on commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not for
International Convention Concerning the Carriage of Goods by Rail, dated 25 February, 1961 (CIM); (c) if by the outside of the piece or package in letters and figures not less than two inches high. (B) If the Merchant fails which or for the consequence of which the Carrier isn't responsible by statue, contract, or otherwise, the
air, by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed in his obligations under the preceding subpart (1) the Carrier shall not be responsible for any loss of or damage Goods and the Merchant shall jointly and severally contribute with the Carrier in general average to the
Warsaw 12 October, 1929, as amended by the Hague Protocol dated 28 September, 1955 (Warsaw to in connection with the Goods. (2) the Merchant shall be liable for resulting loss of or damage to any person or payment of any sacrifices, loss, or expenses of a general average nature that may be made or incurred, and
Convention); (d) If it is established by the Merchant that an Inland Carrier is responsible for loss of or property, and (3) Merchant shall indemnify the Carrier against any resulting loss, damage, or liability suffered shall pay salvage and special charges incurred in respect of the Goods. If a salvage ship is owned or
damage to or in connection with the Goods, such responsibility shall be to the extent, but not further, than by the Carrier. operated by the Carrier, salvage shall be paid for as fully and in the same manner as if such salvaging ship
the Inland Carrier would have been liable to the Merchant if he had made a direct and separate contract belonged to strangers.
with the Merchant in respect of handling, storage or carriage of the Goods, as applicable. (e) 19. (Delivery by Marks) (A) The Carrier shall not be liable for failure or delaying delivery in accordance with
Notwithstanding foregoing Article 7 (A) or 7 (B), the Carrier does not undertake that the Goods shall arrive at marks, unless such marks have been clearly and durably stamped or marked upon the Goods, package, or 28. (Both to Blame Collision) If the Vessel comes into collision with another ship as a result of the negligence
the port of discharge or place of delivery at any particular time or in time to meet any particular market or container by the Merchant before they are received by the Carrier or Inland Carrier, in letters and numbers not of the other ship and any act, neglect, or default of the Master, mariner, pilot, or servants of the owner of
use, and the Carrier shall not be responsible for any direct or indirect loss or damage that is caused through less than two inches high, together with the names of the port of discharge and place of delivery. (B) In no the Vessel in the navigation or in the management of the Vessel, the Merchant shall indemnify the Carrier
delay. (f) If this Bill of Lading is used for Port-to-Port Transportation, the column indicating final destination circumstances shall the Carrier be responsible for delivery in accordance with other than leading marks. (C) The against all loss or liability which might be incurred directly or indirectly to the other or non-carrying ship or
on the face of this Bill of Lading is solely for the purpose of the Merchant's reference, and the Carrier's Merchant warrants that the marks on the Goods, packages and containers correspond to the marks shown on her owners insofar as such loss or liability represents loss of or damage to his Goods or any claim
responsibility for the Goods shall in all cases cease at the time of discharge of the Goods at the port of this Bill of Lading and also in all respects comply with all laws and regulations in force at the port of discharge or whatsoever of the Merchant paid or payable by the other or non-carrying ship or her owners to the
discharge. place of delivery. The Merchant shall indemnity the Carrier against all loss, damage or expenses resulting from Merchant and set-off, recouped, or recovered by the other or non-carrying ship or her owners as part of
inaccuracy or incompleteness of the marks. (D) Goods that cannot be identified as to marks or numbers, cargo their claim against the carrying Vessel or its owner. The foregoing provisions shall also apply where the
8. (Liberties) (A) In any situation whatsoever whether or not existing or anticipated before commencement sweeping liquid residue and any unclaimed goods not otherwise accounted for may be allocated for the owners, operators, or those in charge of any ship or ships or objects other than, or in addition to the
of or during the transport, which in the judgement of the Carrier (including for the purpose of this Article purpose for completing delivery to the various Merchants of Goods of like character in proportion to any colliding ships or objects are at fault in respect of a collision contact stranding or other accident.
the Master and any person charged with the transport or safekeeping of the Goods) has given or is likely to apparent shortage, loss of weight or damage.
give rise to danger, injury, loss, delay, or disadvantage of whatsoever nature to the Vessel, the Carrier, a 29. (Carriage of Metal Products, Lumber, Cotton) (A) The term "apparent good order and condition" when
vehicle, any person, the Goods or any property, or has rendered or is likely to render it in any way unsafe, 20. (Delivery) (A) The Carrier shall have the right to deliver the Goods at any time at the Vessels side, used in this Bill of Lading does not mean: (1) with reference to iron, steel, or metal products, that the Goods
impracticable, unlawful, or against the interest of the Carrier or the Merchant to commence or continue the customhouse, warehouse, wharf, or any other place designated by the Carrier, within the geographic limits of when received were free from visible rust or moisture. (2) with reference to lumber, timber, plywood, or
transport or to discharge the Goods at the port of discharge or to deliver the Goods at the place of delivery the port of discharge or place of delivery shown of the face of this Bill of Lading (B) The Carrier's responsibility other wood products, that the Goods when received were free from visible stains, discoloration, moisture,
by the route and in the manner originally intended by the Carrier, the Carrier (1) at any time shall be shall cease when the Goods have been delivered to the Merchant, Inland Carrier, connecting carrier or any shakes, holes, chaffed, breakage or splitting. If the Merchant so requests a substitute bill of lading will be
entitled to unpack the container(s) or otherwise dispose of the Goods in such way as the Carrier may deem other person entitled to receive the Goods on Merchant's behalf at the place designated by the Carrier. Delivery issued setting forth any notations as to the foregoing that may appear on the mate's or tally clerk's receipts
advisable at the risk and expense of the Merchant and/or (2) before the Goods are loaded on the Vessel, a of the Goods to the custody of customs or any other public authority shall constitute final discharge of the or similar document. (B) Description of the condition of cotton cargo does not relate to the sufficiency or not
vehicle, or other means of transport at the place of receipt or port of loading, shall be entitled to cancel the Carrier's responsibility. (C) In case the cargo received by the Carrier is containers packed by or on behalf of the or condition of the covering nor to any damage, resulting therefrom. Carrier shall not be responsible for
contract of carriage without compensation and to require the Merchant to take delivery of the Goods and, Merchant (1) The Carrier shall only be responsible for delivery of the total number of containers received (2) The any such damage.
upon his failure to do so, to warehouse or place them at any place selected by the Carrier at the risk and Carrier shall not be required to unpack the containers and deliver their contents in accordance with brands,
30. (Grain) Discharge of grain received by the Carrier in bulk may be in port, on barges, and or lighters, or
expense of the Merchant and/or (3) if the Goods are at a place awaiting transshipment, shall be entitled to marks, numbers sizes, to types of items or pieces (3) At the Carriers discretion and upon the Merchant's request
elsewhere, using or not using elevators, and such discharge shall constitute a sufficient delivery by the
terminate the transport there and to store them at any place selected by the Carrier at the risk and expense in writing to the Carrier at least 3 days prior to the scheduled date of arrival the of Vessel at the port of
Carrier. Thereafter said grain shall be at the risk and expense of the Merchant.
of the Merchant, and/or (4) if the Goods are loaded on the Vessel, a vehicle, or other means of transport discharge containers may be unpacked and their contents delivered by the Carrier in accordance with the
whether or not approaching, entering, or attempting to enter the port of discharge or to reach the place of written request. In such a case if the seal of the containers is intact at the time of unpacking all the Carrier's 31. (Intermodal Transportation) (A) This Bill of Lading may be issued for Intermodal Transportation in any
delivery or attempting or commencing to discharge, shall be entitled to discharge the Goods or any part of obligations under this Bill of Lading shall be deemed to have been discharged, the Carrier shall not be country. When so issued as between the Merchant and an Inland Carrier custody and carriage of the Goods
them at any port or place selected by the Carrier or to carry them back to the port of loading or place of responsible for any loss or damage resulting from such delivery and the Merchants shall be liable for an by the Inland Carrier are subject to the relevant laws, regulations, tariffs and bill of lading are available from
receipt and there discharge them. Any actions under (3) or (4) above shall constitute complete and final appropriate adjustment of the freight and any additional charges incurred (D) If the Goods have been packed the Carrier or Inland Carrier upon request. (B) Claims by the Merchant against an Inland Carrier for loss or
delivery and full performance of this contract, and the Carrier thereafter shall be free from any into a container by the Carrier shall unpack the container and deliver its contents and the Carrier shall not be damage shall be given and suit commenced as provided in the Inland Carrier's applicable bill of lading
responsibility for carriage of the Goods. (B) If, after storage, discharge, or any actions according to subpart required to deliver the Goods in the container. At the Carrier's discretion, and subject to prior arrangement
32. (Carrier's Tariff) This Bill of Lading is subject to the Carrier's application tariff. Copies of the applicable
(A) above the Carrier makes arrangements to store and/or forward the Goods, it is agreed that he shall do between the Merchant and the Carrier the Goods may be delivered to Merchant in the container, in which case
tariff are obtainable from the Carrier upon request.
so only as agent for and at the sole risk and expense of the Merchant without any liability whatsoever in if the container is delivered with seals intact all the Carrier's obligations under this Bill of Lading shall be deemed
respect of such agency. The Merchant shall reimburse the Carrier forthwith upon demand for all extra to have been discharged, and the Carrier shall not be responsible for any loss or damage to the contents of the 33. (Severability of Terms) The terms of this Bill of Lading are severable and if any part or term is declared
freight charges and expenses incurred for any actions taken according to subpart (A), including delay or container. (E) Optional delivery shall be granted only when arranged prior to the time of receipt of the Goods by invalid or unenforceable, the validity or enforceability, of any other part or term shall not be affected.
expense to the Vessel, and the Carrier shall have a lien upon the Goods to that extent. (C) The situations Carrier and if expressly stated on the face of this Bill of Lading. The Merchant desiring to avail himself of the
34. (Himalaya Clause) All exceptions, exemptions defenses immunities, limitations on liability, privileges and
referred to in subpart (A) above shall include, but shall not be limited to, those caused by the existence or option so expressed must give notice in writing to the Carrier at the first port of call named in the option at
conditions granted or provided by this Bill of Lading or by applicable tariff or by statue or for the benefit of
apprehension of war declared or undeclared, hostilities, riots, civil commotions, or other disturbances least 48 hours prior to the Vessel's arrival there, otherwise the Goods shall be landed at any of the optional
the Carrier shall also apply to and for the benefit of the officers and employees of the Carrier and the
closure of, obstacle in, or danger to any port or canal, blockade, prohibition, or restriction on commerce or ports at Carrier's option, and the Carrier's responsibility shall then cease. (F) Carrier is not responsible to give
agents, officers and crew of the Vessel and to and for the benefit of all parties performing services in
trading quarantine, sanitary, or other similar regulations or restrictions, strikes, lockouts or other labor notification, in writing or otherwise, either to Merchant or others, of the arrival, discharge, or disposition of
connection with the Goods as agents or contractors of the Carrier (including, without limitation, stevedores,
troubles whether partial or general and whether or not involving employees of the Carrier or its Goods, any custom or agreement to the contrary notwithstanding, and notwithstanding any notation on the
terminal operators and agents) and the employees of each them.
Subcontractors, congestion of port, wharf, sea terminal, or similar place, shortage, absence or obstacles of face of this Bill of Lading, concerning notification or a notify party.
labor or facilities for loading, discharge, delivery, or other handling of the Goods, epidemics or diseases, bad 35. Sea Waybill. When this document is entitled Sea Waybill on the reverse side, this document is evidence
21. (On-Carriage and Forwarding) (A) Whether arranged beforehand or not, the Carrier shall be at liberty
weather, shallow water, ice, landslip, or other obstacles in navigation or carriage (D) The Carrier, in addition of a contract of carriage and shall have effect subject to the CMI Uniform Rules for Sea Waybills, which are
without notice to carry the Goods wholly or partly by the named or any other Vessel, craft barge, or other means
to all other liberties provided for in this Article, shall have liberty to comply with orders, directions, deemed to be incorporated herein; provided, however that if any provision of such Rules are inconsistent
of transport by water, land or air, whether or not owned or operated by the Carrier. (B) The Carrier may under
regulations or suggestions as to navigation or the carriage or handling of the Goods or the Vessel with those of this document, the latter shall prevail. Any reference in the above Sections to a Bill of Lading
any circumstances whatsoever discharge the Goods or any part of them at any port or place for transshipment
howsoever given, by any actual or purported government or public authority, or by any committee or person shall be construed as a reference to a Sea Waybill when this document is entitled Sea Waybill on the reverse
and store them afloat or ashore and then forward them by any means of transport. (C) If the Goods cannot be
having under the terms of any insurance on the Vessel, the right to give such order, direction, regulation, or side.
found at the port of discharge or place of delivery, or if they be miscarried, they, when found, may be forwarded
suggestion. If by reason of and/or in compliance with any such order, direction, regulation, or suggestions, to their intended port of discharge or place of delivery at the Carrier's expense, but the Carrier shall not be liable
anything is done or is not done the same shall be deemed to be included within the contractual carriage and for any loss, damage, delay, or depreciation arising from such forwarding. (D) In case of Port-to-Port
shall not be a deviation. Transportation, transshipment of cargo, or receipt of cargo from ports or inland points not including within the
ship's itinerary or the Carrier's service, is to be at the sole risk and expense of the Merchant, and neither the
Carrier not its Vessel shall be deemed to be the agent or principal of a prior or subsequent carrier
notwithstanding the issuance by the Carrier of a bill of lading, receipt, or other shipping document at a time or
place prior to that at which the Goods are received by the Carrier.