Code name: “JSE-CTWAYBILL 2008” (draft copy)(Published April 2008 by the Documentary Committee of the JSE)
Shipper(Shipper’s Reference No.)WAYBILL

Waybill No.

NON-NEGOTIABLE

Consignee
RECEIVED by the Carrier the Goods stated below in apparent good order andcondition unless otherwise noted, for transportation from the place of receipt tothe place of delivery, subject to the terms and conditions provided for on theface and back hereof and the applicable Bill of Lading and there to be delivered
to the Consignee named herein, or its authorized agents on production of proofof identity.
IN WITNESS whereof, the undersigned, has signed the number of Waybill(s)stated below, all of this tenor and date.
This Waybill is not construed as a Bill of Lading or any other similar documentof title referred to in the International Carriage of Goods by Sea Act ofJapan, 1957 as amended in 1992 or any other foreign legislation of a naturesimilar to the international Convention for the Unification of Certain Rules
relating to Bills of Lading signed at Brussels on 25 August, 1924 or theamendments by the Protocol signed at Brussels on 23 February, 1968 or
the amendments by the Protocol signed at Brussels on 21 December, 1979.
(Terms of this Waybill continued on the back hereof)
For delivery of the Goods please apply to:

Notify Party

Place of Receipt

Port of Loading

Ocean Vessel

Voy No.

Port of Discharge

Place of Delivery

Seal No.
Marks and Numbers

No. ofContainers
or Pkgs

Kind of Packages; Description of Goods

Gross Weight

Measurement

Particulars Furnished by Shipper

Container No.

Total number of Containers
or other Packages or Units(in words)

Merchant’s Declared Value (See Clause 3):

Freight and Charges

Exchange Rate

Revenue Tons

Note:
The Merchant's attention is called to the fact that according to Clause 3 of this Waybill the liability ofthe Carrier is, in most cases, limited in respect of loss of or damage to the Goods.
Rate
PerPrepaid
Collect

Prepaid at

Payable atPlace and Date of issue

Total prepaid in local currency

No. of original Waybill(s)SIGNATURE as the Carrier

LADEN ON BOARD THE OCEAN VESSEL
Date

By

An enlarged copy of back clauses is available from the Carrier upon request.

1. Unless otherwise set out on the face and back hereof, the Goods shall be carried subject to:(1) the terms and conditions provided for on the back of Carrier's applicable Bill of Lading (JSE-CT B/L asamended in April 2008) which may be seen on request at the Carrier's office or at those of its authorized
agents. Every reference therein to the words “Bill(s) of Lading” shall be read and construed as reference tothe words “Non-Negotiable Waybill(s)” and terms and conditions thereof shall be read and construed
accordingly, and(2) the "CMI Uniform Rules for Sea Waybills" excluding Rule 4(iii), which are deemed to be incorporated herein.
2. In accepting this Waybill, the shipper and all other parties covered by the term “Merchant” as defined in theapplicable Bill of Lading agree to be bound by all the stipulations, terms and conditions on the face and back ofthis Waybill and the applicable Bill of Lading, whether written, typed, stamped or printed, as fully as if signed by
the shipper any local custom or privilege to the contrary notwithstanding, and agree that all agreements or
freight engagements for and/or in connection with the carriage of the Goods are superseded by this Waybill.
3. (1) (i) The Carrier shall be liable for loss of or damage to the Goods occurring between the place of receipt andthe place of delivery, unless such loss or damage was caused by:(a) an act or omission of the Merchant or person other than the Carrier acting on behalf of the Merchantor from whom the Carrier took the Goods in charge; or(b) compliance with the instructions of the person entitled to give them; or(c) the lack of or insufficiency of or defective condition of packing; or(d) handling, loading, stowage or unloading of the Goods done by or on behalf of the Merchant; or(e) inherent vice or nature of the Goods; or(f) insufficiency or inadequacy of marks or numbers on the Goods, coverings or containers; or(g) strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general;or(h) any cause or event which the Carrier could not avoid and the consequence whereof he could notprevent by the exercise of reasonable diligence.
(ii) When the Carrier establishes that in the circumstances of the case, the causes or events specified in (c)to (g) of the preceding sub-paragraph could attribute to the loss or damage, it shall be presumed that it
was so caused. The Merchant shall, however, be entitled to prove that the loss or damage was not, infact, caused either wholly or partly by such causes or events.
(iii) When the Carrier is liable under this paragraph, compensation by the Carrier shall not exceed US$2 perkilo of gross weight of the Goods lost or damaged, provided that higher compensation may be claimed if
the value for the Goods has been declared by the Merchant and has been stated in this Waybill.
(2) Notwithstanding anything provided for in the preceding paragraph:(i) if it is proved that loss of or damage to the Goods occurred during transport by sea or inland waterways,
the liability of the Carrier for such loss or damage shall be determined by the provisions of theInternational Carriage of Goods by Sea Act of Japan. 1957, as amended 3 June, 1992 (Hague-Visby
Rules Legislation), provided that if this Waybill covers the Goods moving to or from the U.S.A. (including
its districts, territories or possessions), then the amount of the foregoing limitation shall instead be U.S.
$500 per package or customary freight unit; or(ii) if it is proved that loss of or damage to the Goods occurred during transport by air, the liability of theCarrier for such loss or damage shall be determined by the provisions of the Convention for theUnification of Certain Rules relating to International Carriage by Air signed at Warsaw, October 12, 1929,
as amended by the Hague Protocol, September 25, 1955, additional Protocol No. 4, September 25,
1975, and the Convention of Montreal, May 28, 1999, whichever mandatorily applicable; or(iii) if it is proved that loss of or damage to the Goods occurred during any particular stage of transport otherthan by sea, inland waterways or air, the liability of the Carrier for such loss or damage shall be
determined by the provisions of the law, if any, which would be mandatorily applicable if a contract forsuch particular stage of transport had been made under the laws of the country where such loss ordamage occurred, and if there are no such provisions of the law as above mentioned, paragraph (1) of
this clause shall apply.
(3) When the Carrier is liable under this Clause, compensation by the Carrier shall be calculated by reference tothe Merchant’s net invoice value of the Goods plus freight and insurance premium if paid, unless the value
for the Goods has been declared by the Merchant and has been stated in this Waybill.
4. The contract evidenced by or contained in this Waybill shall be governed by Japanese law and any and all
disputes arising from or in connection with this Waybill shall be referred to arbitration in Tokyo by the Tokyo
Maritime Arbitration Commission (TOMAC) of The Japan Shipping Exchange, Inc., in accordance with theRules of TOMAC and any amendments thereto, and the award given by the arbitrators shall be final and binding
on both parties.