Combined Transport Bill of Lading
RECEIVED in apparent external good order and condition except as otherwise noted thetotal number of Containers or other packages or units enumerated below (*) for transportationfrom the Place of Receipt to the Place of Delivery subject to the terms hereof.
One of the original Bills of Lading must be surrendered duly endorsed in exchange for theGoods or Delivery Order unless otherwise provided herein. In accepting this Bill of Lading theMerchant expressly accepts and agrees to all its terms whether printed, stamped or written, orotherwise incorporated, notwithstanding the nonsigning of this Bill of Lading by the Merchant.
IN WITNESS whereof the number of original Bills of Lading stated below have beensigned, one of which being accomplished, the other(s) to be void.
(Terms of Bill of Lading continued on the back hereof)
1.DEFINITIONS“Freight Forwarder” means MOL Logistics Co., Ltd. who engages in the International Freight
Forwarding Business hereunder, and by whom on whose behalf the contract of carriage isconcluded with a Merchant and who assumes responsibility for the performance of
the Carriage hereunder.
“International Freight Forwarding Business” means the carriage of Goods by Freight
Forwarder utilizing Actual Carrier hereunder.
“Merchant” includes the Shipper, Holder of this Bill of Lading, Consignee, Receiver of theGoods, any Person owning or entitled to the possession of the Goods or of this Bill of Lading
and anyone acting on behalf of any such Person.
“Person” includes an individual, group, company or other entity. “Actual Carrier” includes
owners and operators of Vessels and space providers of Vessels, stevedores, terminal andgroupage operators, inland carriers, road, rail and air transport operators, any independent
contractor directly or indirectly employed by the Freight Forwarder in performance of the
Carriage, their respective servants and agents, and anyone assisting the performance of the
Carriage.
“indemnify” includes defend, indemnify and hold harmless. “Goods” means the whole or any
part of the cargo received from the Shipper and includes any equipment or Container not
supplied by or on behalf of the Freight Forwarder.
“Container” includes any container, trailer, transportable tank, flat or pallet and any equipment
thereof or connected thereto.
“Carriage” means the whole or any part of the operations and services undertaken by the
Freight Forwarder in respect of the Goods under this Bill of Lading. “Freight” includes all
charges payable to the Freight Forwarder in accordance with the applicable Tariff and this Billof Lading.
“Hague Rules” means the provisions of the International Convention for the Unification of
Certain Rules relating to Bills of Lading signed at Brussels on 25th August, 1924 and includes
the amendments by the Protocol signed at Brussels on 23rd February, 1968, and theamendments by the Protocol signed at Brussels on 21st December, 1979, but only if such
amendments (hereinafter collectively called “the Visby Amendments”) are compulsorily
applicable to this Bill of Lading (It is expressly provided that nothing in this Bill of Lading
shall be construed as contractually applying the Visby Amendments).
“Waterborne Carriage” means the Carriage by sea or water, and includes the period during
which the Goods are under the custody of the Carrier for the Carriage at the sea/water terminalof the P ort of Loading or of the Port of Discharge, whether or not on board the Vessel.
“Port of Loading” means a port or place so named overleaf or any other port or place where theGoods are loaded onto the Vessel for the Carriage. “Port of Discharge” means a port or placeso named overleaf or any other port or place where the Goods are discharged from the Vessel
for the Carriage. “Place of Receipt” means a place so named overleaf where the Goods arereceived by the Freight Forwarder for the Carriage.
“Place of Delivery” means a place so named overleaf or any other place where the Goods aredelivered by the Freight Forwarder to the Merchant in accordance with the terms hereof.
“Vessel” means the Ocean vessel named overleaf and includes vessel, ship, craft, lighter orother means of transport by sea or water which is or shall be substituted, in whole or in part, forthe Ocean vessel named on the face hereof.
2. FREIGHT FORWARDER'S TARIFF The terms of the Freight Forwarder's applicable
Tariff are incorporated herein. Copies of the relevant provisions of the applicable Tariff are
obtainable from the Freight Forwarder upon request. In the case of inconsistency between thisBill of Lading and the applicable Tariff, this Bill of Lading shall prevail.
3. LIMITATION STATUTES
Nothing in this Bill of Lading shall operate to limit or deprive the Freight Forwarder of any
statutory protection or exemption or limitation of liability authorized by any applicable laws,
statutes or regulations of any country.
4.SUB-CONTRACTING AND INDEMNITY(1) The Freight Forwarder shall be entitled to sub-contract the Carriage on any terms
whatsoever.
(2) The Merchant undertakes that no claim or allegation shall be made against any servant,agent or Actual Carrier of the Freight Forwarder which imposes or attempts to impose upon
any of them, or upon any vessel owned or operated by any of them, any liability whatsoever inconnection with the Goods, and, if any such claim or allegation should nevertheless be made,to indemnify the Freight Forwarder against all consequences thereof. Without prejudice to theforegoing, every such servant, agent and Actual Carrier shall have the benefit of all provisions
herein benefiting the Freight Forwarder as if such provisions were expressly for their benefit;
and, in entering into this contract, the Freight Forwarder, to the extent of those provisions, does
so not only on its own behalf, but also as agent and trustee for such servants, agents and Actual
Carrier.
(3) The provisions of Clause 4 (2) including but not limited to the undertakings of the
Merchant contained therein, shall extend to claims or allegations of whatsoever nature against
other Persons chartering space on the carrying Vessel.
5. FREIGHT FORWARDER'S RESPONSIBILITY
The Freight Forwarder shall not be responsible for loss or damage to the Goods occurring
before the receipt of the Goods by the Freight Forwarder at the Place of Receipt or after thedelivery of the Goods to the Merchant and the Freight Forwarder shall be liable for loss ordamage to the Goods occurring between the time when he receives the Goods fortransportation at the Place of Receipt and the time of delivery only to the extent set out below.
(1) If the stage of the Carriage during which the loss or damage occurred can be proved, theliability of the Freight Forwarder shall be determined:(a) if the loss or damage is proved to have occurred during the Waterborne Carriage, by theHague Rules, Articles 1-8 inclusive, but excluding Article 1(e),(b) except where the loss or damage is proved to have occurred during the Waterborne
Carriage, by the provisions contained in any international convention or national law which
provisions,
1) cannot be departed from by private contract to the detriment of the Merchant; and2) would have applied if the Merchant had made a separate and direct contract with the
Freight Forwarder in respect of the particular stage of the Carriage during which the loss ordamage occurred and received as evidence thereof any particular document which must be
issued in order to make such international convention or national law applicable; and3) would have been applicable if the contract referred to in 2) above had been governed by theinternal law of the State where the loss or damage occurred.
(2) If neither Clause 5 (1)(a) or (b) above apply, or if the stage of the Carriage during which theloss or damage occurred cannot be determined:(a) the Freight Forwarder shall be relieved of liability for any loss or damage if such loss ordamage was caused by;(i) act of God,(ii) act of War,(iii) act of public enemies,(iv) arrest or restraint of princes, rulers or people or seizure under legal process,(v) quarantine restrictions,(vi) an act or omission of the Merchant,(vii) compliance with instructions of any Person entitled to give them, (viii) insufficiency ofor defective condition of packing or marking,(ix) handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant,(x) inherent vice of the Goods,(xi) strike, lock-out, stoppage or restraint of labour, from whatever cause, whether partial or
general,(xii) riots and civil commotions,(xiii) any cause or event which the Freight Forwarder could not avoid and the consequenceswhereof he could not prevent by the exercise of reasonable diligence.
(b) Burden of Proving
The burden of proving that the loss or damage was due to one or more of the causes or events
specified in this Clause 5(2)(a) shall rest upon the Freight Forwarder, save that if the Freight
Forwarder establishes that, in the circumstances of the case, the loss or damage could be
attributed to one or more of the causes or events specified in Clause 5(2)(a) other than (vi),(vii) or (xiii), it shall be presumed that it was so caused. The Merchant shall, however, beentitled to prove that the loss or damage was not, in fact, caused either wholly or partly by one
or more of these causes or events.
(c) Limitation of Liability
Except as provided in Clauses 6(1), 6(2), and 29, if Clause 5(2) operates, total compensation
shall in no circumstances exceed 2 SDRs per kilo of gross weight of the Goods lost or damaged(SDR means Special Drawing Right as defined by the International Monetary Fund).
(3) Contribution of Liability
Where loss or damage is caused partly by a cause for which the Freight Forwarder is liable andpartly by a cause for which the Freight Forwarder is not liable, the Freight Forwarder shall be
liable only for the portion of the loss or damage proved by the Merchant to have been producedby the cause for which the Freight Forwarder is liable.
(4) Notice of Loss or Damage
Unless notice of loss or damage to the Goods and the general nature of it be given in writing to
the Freight Forwarder at the Place of Delivery before or at the time of the removal of theGoods into the custody of the Person entitled to delivery thereof under this Bill of Lading, or if
the loss or damage be not apparent, within three working days thereafter, such removal shall be
prima facie evidence of the delivery by the Freight Forwarder of the Goods as described in thisBill of Lading.
(5) Time-bar
The Freight Forwarder shall be discharged from all liability unless suit is brought and notice
thereof given to the Freight Forwarder within one year after delivery of the Goods or, if theGoods are totally lost, after the date when the Goods should have been delivered.
6.SUNDRY LIABILITY PROVISIONS(1) Hague Rules Limitation
If the Hague Rules are applicable by national law, the liability of the Freight Forwarder shall in
no event exceed the limit provided in the applicable national law. If the Hague Rules areapplicable otherwise than by national law, the liability of the Freight Forwarder shall in no
event exceed 100 pounds sterling per package or unit.
(2) Ad Valorem
Higher compensation may be claimed only when, with the consent of the Freight Forwarder,
the value for the Goods declared by the Shipper which exceeds the limits laid down in this Billof Lading has been stated in the declared value box on the face of this Bill of Lading and, if
applicable, the ad valorem freight has been paid. In that case the amount of the declared value
shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata on thebasis of such declared value.
(3) Delay and Consequential Damages
The Freight Forwarder does not undertake that the Goods shall arrive at the Place of Delivery
at any particular time or to meet any particular market or use, and the Freight Forwarder shallin no circumstances be liable for delay or for any indirect or special or consequential loss ordamage incurred by the Merchant.
(4) Scope of Application(a) Save as otherwise expressly provided herein, the Freight Forwarder shall not be liable inany circumstances or in any capacity whatsoever for any loss or damage, howsoever arising outof or in connection with the Carriage or the supply of the Container.

(b) The terms of this Bill of Lading shall govern the relations between the Freight Forwarderand the Merchant in respect of the Carriage, whether a Bill of Lading is issued or not.
(5) Defences and Limits for the Freight Forwarder
The defences and limits of liability provided for in this Bill of Lading shall apply in any action
against the Fteight Forwarder for loss or damage to the Goods, whether the action be foundedin contract or in tort.
(6) Agency
Where on the face of this Bill of Lading any place of destination is shown and is different fromthe Place of Delivery, the Freight Forwarder shall not be liable in any capacity whatsoever for
loss, damage or delay of or to the Goods after the delivery at the Place of Delivery. In thesecircumstances the Freight Forwarder in making arrangements with a Person or carrier for or inconnection with transhipping or forwarding of the Goods to the place (if requested by the
Merchant and so agreed by the Freight Forwarder) acts as agent only for the Merchant and theMerchant shall indemnify the Freight Forwarder for all charges and expenses therefor. If, for
any reason, the Freight Forwarder is denied the right to act as agent only at these times, his
liability for loss, damage or delay of or to the Goods shall be determined in accordance withthis Bill of Lading.
(7) HAMBURG RULES(a) Notwithstanding the terms of Clause 25 herein if proceedings are brought before the courtsof a Contracting State to the United Nations Convention on the Carriage of Goods by Sea 1978
(the Hamburg Rules) or the courts of any State whose national legislation makes the Hamburg
Rules effective and if such courts adjudge the Hamburg Rules or such national legislation to becompulsorily applicable to this Bill of Lading, then in those circumstances only shall this Billof Lading take effect subject to the Hamburg Rules or such national legislation and any term of
this Bill of Lading derogating therefrom to the detriment of the Merchant shall be void to that
extent but no further.
(b) In any event the Freight Forwarder shall be entitled to contest enforcement of any
judgement made in a Contracting State to the Hamburg Rules in any proceedings before courts
in a Non-Contracting State.
7. MERCHANT-PACKED CONTAINERS
If a Container has not been packed or filled by or on behalf of the Freight Forwarder:(1) The Freight Forwarder shall not be liable for loss or damage to the Goods and the Merchantshall indemnify the Freight Forwarder against any loss, damage, liability or expense
incurred by the Freight Forwarder if such loss, damage, liability or expense has been caused by;(a) the manner in which the Container has been packed or filled, or(b) the unsuitability of the Goods for the Carriage in the Containers, or(c) the unsuitability or defective condition of the Container which would have been apparent
upon reasonable inspection by the Merchant at or prior to the time when the Container was
filled or packed.
(2) The loading of the Container by the Merchant shall be prima facie evidence that theContainer was sound and suitable for use.
(3) If the Container is delivered with seals intact, such delivery shall be deemed as full andcomplete performance of the Freight Forwarder's obligation hereunder and the Freight
Forwarder shall not be liable for any loss or damage to the Goods.
8. INSPECTION OF GOODS(1) The Freight Forwarder shall be entitled, but under no obligation, to open any Container orpackage at any time and to inspect, reweigh, remeasure, revalue or repack the Goods without
notice to the Merchant.
(2) If Clause 8 (1) applies or if by order of the authorities at any place, a Container or package
has to be opened, the Freight Forwarder will not be liable for any loss or damage incurred as aresult of any opening, unpacking, inspection, reweighing, remeasurement, revaluation, or
repacking. The Merchant shall indemnify the Freight Forwarder for the cost of all measurestaken as above.
9. DESCRIPTION OF GOODS(1) This Bill of Lading shall be prima facie evidence of the receipt by the Freight Forwarder inapparent external good order and condition except as otherwise noted of the total number ofContainers or other packages or units enumerated overleaf (*).

(2) No representation is made by the Freight Forwarder as to the weight, contents, measure,quantity, quality, description, condition, marks, numbers or value of the Goods and the Freight
Forwarder shall be under no responsibility whatsoever in respect of such description or
particulars.
(3) If any particulars of any Letter of Credit and/or Import Licence and/or Sale Contract
and/or Invoice or Order Number and/or details of any contract to which the Freight Forwarder
is not a party are shown on the face of this Bill of Lading, such particulars are included solely
at the request of the Merchant for his convenience. The Merchant acknowledges that except
when the provisions of Clause 6(2) apply, the value of the Goods is unknown to the Freight
Forwarder, and that the inclusion of such particulars shall not be regarded as a declaration ofvalue and in no way increases the Freight Forwarder's liability under this Bill of Lading. The
Merchant further agrees to indemnify the Freight Forwarder against all consequences ofincluding such particulars in this Bill of Lading.
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10.
MERCHANT'S RESPONSIBILITY(1) All of the Persons coming within the definition of Merchant in Clause 1 shall be jointly andseverally liable to the Freight Forwarder for the due fulfillment of all obligations of the Merchantin this Bill of Lading.
(2) The Merchant warrants to the Freight Forwarder that the particulars relating to the Goods
as set out overleaf have been checked by the Merchant on receipt of this Bill of Lading and thatsuch particulars and any other particulars furnished by or on behalf of the Shipper are accurate
and correct. The Merchant also warrants that the Goods are lawful goods and contain nocontraband, are adequately packed and prepared for shipment, and will not cause loss, damage,or expenses to the carrier, the Vessel, or to any other cargo during the Carriage.
(3) The Merchant shall indemnify the Freight Forwarder against all loss, damage, expenses
and fines arising or resulting from any breach of any of the warranties in Clause 10(2) hereof orfrom any other cause whatsoever in connection with the Goods, unless the Merchant provesthat the Freight Forwarder is responsible for them.
(4) The Merchant shall comply with all regulations or requirements of customs, port and otherauthorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses incurredor suffered by reason of any failure to so comply, or by reason of any illegal, in-correct orinsufficient marking, numbering or addressing of the Goods, and shall indemnify the Freight
Forwarder in respect thereof.
11. FREIGHT(1) Freight shall be deemed fully earned on receipt of the Goods by the Freight Forwarder,whether the Goods are lost or not, and shall be paid and non-returnable in any event. (2) The
Merchant's attention is drawn to the stipulations concerning currency in which the Freight is tobe paid, rate of exchange, devaluation and other contingencies relative to Freight in theapplicable Tariff.
(3) Freight has been calculated on the basis of particulars furnished by or on behalf of the
Merchant. If the particulars furnished by or on behalf of the Merchant are incorrect, it is agreed
that a sum equal to double the correct Freight less the Freight charged shall be payableas liquidated damages to the Freight Forwarder, provided that the Freight Forwarder's Tariff does
not stipulate otherwise.
(4) All Freight shall be paid to the Freight Forwarder by the Merchant in cash without any setoff, counter-claim, deduction or stay of execution either at or prior to the time agreed for
payment or at latest before delivery of the Goods.
(5) The Merchant shall be liable to the Freight Forwarder for the payment of all Freight and/or
expenses including but not limited to court costs, legal fee and expenses incurred in collecting
monies due to the Freight Forwarder. Payment of the Freight to a Merchant's cargo handlingagent, broker or anyone other than the Freight Forwarder or its authorized agent shall not be
deemed payment to the Freight Forwarder and shall be made at the Merchant's sole risk.
12.LIEN
The Freight Forwarder shall have a lien on the Goods and any documents relating thereto for
all sums payable to the Freight Forwarder under this contract and for general averagecontributions, to whomsoever due. The Freight Forwarder shall also have a lien against the
Merchant on the Goods and any documents relating thereto for all sums due from the Merchantto the Freight Forwarder under any other contract.
For recovering any sums due, the Freight Forwarder shall have the right to sell the Goods bypublic auction or private sale, without notice to the Merchant. In any event any lien shallextend to cover the cost of recovering any sums due. The lien shall survive delivery of theGoods.
13.OPTIONAL STOWAGE AND DECK CARGO(1) The Goods may be packed by the Freight Forwarder in Containers.
(2) The Goods packed in Containers (other than flats or pallets) whether by the Freight
Forwarder or the Merchant, may be carried on or under deck without notice to the Merchant.
All such Goods whether carried on deck or under deck shall participate in general average andsuch Goods (other than live animals) shall be deemed to be within the definition of the Goods
for the purposes of the Hague Rules.
(3) Notwithstanding Clause 13(2), Goods which are stated herein to be carried on deck arecarried without responsibility on the part of the Freight Forwarder for loss or damage ofwhatsoever nature arising during the Carriage whether caused by unseaworthiness or
negligence or any other cause whatsoever.
14.LIVE ANIMALSLive animals are carried without responsibility on the part of the Freight Forwarder for any
accident, injury, illness, death, loss or damage arising at any time whether caused byunseaworthiness or negligence or any other cause whatsoever. The Merchant shall indemnify
the Freight Forwarder against any claim, loss, damage or expense arising in consequence of the
Carriage of live animals.
15.SPECIALIZED CARRIAGE
The Merchant undertakes not to tender for Carriage any Goods which require refrigeration,
ventilation or any other special attention without previously giving written notice of their natureand particular temperature range to be maintained and/or special attention required. In the caseof refrigerated, ventilated or any other specialized Container packed by or on behalf of the
Merchant, the Merchant further undertakes that the Goods have been properly packed in theContainer and that he has checked that its thermostatic, ventilating or any other special controls
have been properly and exactly set, before receipt of the Goods by the Freight Forwarder.
The Freight Forwarder shall not be liable for any loss or damage to the Goods
arising out of or resulting from the Merchant's failure in such obligation and further does notguarantee the maintenance of any intended temperature inside the Container.
16. METHODS AND ROUTES OF CARRIAGE(1) The Freight Forwarder may at any time and without notice to the Merchant:(a) use any means of carriage whatsoever,(b) transfer the Goods from one conveyance to another, including transshipping or carrying
them on a different vessel from that named overleaf,(c) unpack and remove the Goods which have been packed into a Container and forward themin a Container or otherwise,(d) proceed by any route in his discretion (whether or not the nearest or most direct or
customary or advertised route) and proceed to or stay at any place or port whatsoever, once ormore often and in any order,(e) load and unload the Goods at any place or port (whether or not such port is named overleaf
as the Port of Loading or Port of Discharge) and store the Goods at any such place or port,(f) comply with any orders or recommendations given by any government or authority, or any
Person acting or purporting to act as or on behalf of such government or authority, or having
under the terms of any insurance on any conveyance employed by the Freight Forwarder theright to give orders or directions,(g) permit the Vessel to proceed with or without pilots, to tow or be towed, or to be drydocked,
loaded or not.
(h) comply with the custom or practice of any port or place, whether legal, factual orcommercial, whether prevailing locally, nationally, or internationally, and whether the
Merchant personally knows of the custom or practice with regard to receiving, loading,stowing, keeping, carrying, discharging, and/or delivering Goods and, in particular, the Freight
Forwarder shall be entitled to give delivery of the Goods without surrender of an original Billof Lading in those jurisdictions where such practice is recognized whether by custom or law.
Compliance with such custom or practice shall be deemed to be proper
performance of the contract of carriage hereunder.
(2) The liberties set out in Clause 16(1) may be invoked by the Freight Forwarder for any
purpose whatsoever, whether or not connected with the Carriage including loading or
unloading other goods, bunkering, undergoing repairs, adjusting instruments, picking up or
loading any persons and assisting vessels in all situations. Anything done in accordance with
Clause 16(1) or any delay arising therefrom shall be deemed to be within the Carriage and shallnot be a deviation.
17.
CARRIAGE AFFECTED BY CONDITION OF GOODS
If it appears at any time that, due to their condition, the Goods cannot safely or properly be
carried or carried further, either at all or without incurring any additional expense or taking any
measure(s) in relation to the Container or the Goods, the Freight Forwarder may without noticeto the Merchant (but as his agent only) take any measure(s) and/or incur any additional expense
to carry or to continue the Carriage thereof, and/or store them ashore or afloat, under cover orin the open at any place, whichever the Freight Forwarder, in his absolute discretion, considers
most appropriate. Furthermore, the Freight Forwarder shall be entitled with or without notice tothe Merchant to abandon the Goods whether in store or not, or to effect a sale or disposal of theGoods as may be necessary or appropriate. The Freight Forwarder's liability shall cease uponsuch abandonment, storage, sale or disposal. The Merchant shall indemnify the Freight
Forwarder against any additional expense so incurred.
18.
MATTERS AFFECTING PERFORMANCE
If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty
or disadvantage of any kind and howsoever arising (even though the circumstances giving rise
to such hindrance, risk, delay, difficulty or disadvantage existed at the time this contract wasentered into or the Goods were received for the Carriage), the Freight Forwarder (whether or
not the Carriage is commenced) may, without prior notice to the Merchant and at the sole
discretion of the Freight Forwarder, either:(a) Carry the Goods to the named Place of Delivery by an alternative route to that indicated inthis Bill of Lading or that which is usual for the Goods consigned to that Place of Delivery (Ifthe Freight Forwarder elects to invoke the terms of this Clause 18(a), then notwithstanding theprovisions of Clause 16 hereof, he shall be entitled to charge such additional Freight as theFreight Forwarder may determine); or(b) Suspend the Carriage of the Goods and store them ashore or afloat upon the terms of this Billof Lading and endeavour to forward them as soon as possible, but the Freight Forwardermakes no representations as to the maximum period of suspension (If the Freight Forwarder
elects to invoke the terms of this Clause 18(b) then he shall be entitled to such additional
Freight as the Freight Forwarder may determine); or(c) Abandon the Carriage of the Goods and place the Goods at the Merchant's disposal at any
place or port which the Freight Forwarder may deem safe and convenient, whereupon the
responsibility of the Freight Forwarder in respect of such Goods shall cease. The Freight
Forwarder shall nevertheless be entitled to full Freight on the Goods received for the Carriage,
and the Merchant shall pay any additional costs of the Carriage to, and delivery and storage at,such place or port. If the Freight Forwarder elects to use an alternative route under Clause18(a) or to suspend the Carriage under Clause 18(b), this shall not prejudice his rightsubsequently to abandon the Carriage.
19. DANGEROUS GOODS(1) The Merchant undertakes not to tender for transportation any Goods which are of adangerous, inflammable, radio-active, or damaging nature without previously giving written
notice of their nature to the Freight Forwarder and marking the Goods and the Container orother covering on the outside as required by any laws or regulations which may be applicableduring the Carriage.
(2) If the requirements of Clause 19(1) are not complied with, the Goods may, at any time orplace, be unloaded, destroyed, or rendered harmless without compensation and the Merchantshall indemnify the Freight Forwarder against all loss, damage or expense arising out of theGoods being tendered for transportation or handled or carried by the Freight Forwarder.
Further, the Freight Forwarder shall be under no liability to make any general averagecontribution in respect of such Goods.
(3) Whether or not the Merchant or the Freight Forwarder is aware of the nature of such
Goods, the Merchant shall indemnify the Freight Forwarder against all claims, loss, damage or
expenses arising in consequence of the Carriage of such Goods.
20. NOTIFICATION AND DELIVERY(1) Any mention in this Bill of Lading of parties to be notified of the arrival of the Goods issolely for information of the Freight Forwarder, and failure to give such notification shall not
involve the Freight Forwarder in any liability nor relieve the Merchant of any obligation
hereunder.
(2) The Merchant shall take delivery of the Goods within the free storage time provided for in
the Freight Forwarder's applicable Tariff or otherwise. If the Merchant fails to do so, without
prejudice to any other rights of the Freight Forwarder hereunder, the Freight Forwarder may
without notice unload the Goods or that part thereof from the Vessel or the Container and/or
store the Goods or that part thereof ashore, afloat, in the open or under cover at the sole risk of
the Merchant. Such storage shall constitute due delivery hereunder, and thereupon all liability
whatsoever of the Freight Forwarder in respect of the Goods or that part thereof shall cease,and the costs of such unloading or storage (if paid or payable by the Freight Forwarder or any
agent or Sub-Contractor of the Freight Forwarder) shall forthwith upon demand be paid by the
Merchant to the Freight Forwarder.
(3) If the Merchant fails to take delivery of the Goods within 30 days of becoming due under
Clause 20(2), or if in the opinion of the Freight Forwarder they are likely to deteriorate, decay,
become worthless or incur charges whether for storage or otherwise in excess of their value,
the Freight Forwarder may, without prejudice to any other rights which he may have against
the Merchant, without notice and without any responsibility whatsoever attaching to him, sell,
destroy or dispose of the Goods and apply any proceeds of sale in reduction of the sums due tothe Freight Forwarder from the Merchant in respect of this Bill of Lading.
21. SPECIAL DELIVERY
The special arrangement for receiving the Goods as Full Container Load and delivering themas Less than Container Load(FCL/LCL) and/or for split delivery of the Goods to more than one
receiver shall be undertaken by the Freight Forwarder at his absolute discretion and on
condition that the Freight Forwarder shall not be liable for any shortage, loss, damage, or
discrepancies of the Goods, which are found upon unpacking the Container. The Merchantshall be liable for an appropriate adjustment of the Freight and shall pay any additional cost
incurred.
22.
AMENDED JASON CLAUSE AND BOTH-TO-BLAME COLLISION CLAUSE(The amended Jason clause)
In the event of an accident, danger, damage or disaster before or after the commencement of
the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which,or for the consequence of which, the Freight Forwarder is not responsible, by statute, contract
or otherwise, the Goods, and the Merchant shall jointly and severally contribute with the
Freight Forwarder in general average to the payment of any sacrifices, loss or expenses of ageneral average nature that may be made or incurred and shall pay salvage and special charges
incurred in respect of the Goods. If a salving vessel is owned or operated by the Freight
Forwarder, salvage shall be paid for as fully in the same manner as if the said salving vessels
belonged to strangers.
(Both to Blame Collision Clause)
If the (carrying) Vessel comes into collision with another ship as a result of the negligence ofthe other ship and any act, neglect or default in the navigation or the management of thecarrying Vessel, the Merchant undertakes to pay the Freight Forwarder, or, where the Freight
Forwarder is not the owner and in possession of the carrying Vessel, to pay to the Freight
Forwarder as trustee for the owner and/or demise charterer of the carrying Vessel, a sum
sufficient to indemnify the Freight Forwarder and/or the owner and/or demise charterer of thecarrying Vessel 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 or damage to his Goods or any claim whatsoever ofthe Merchant, paid or payable by the other or non-carrying ship or her owners to the Merchantand setoff, recouped or recovered by the other or non-carrying ship or her owners as part oftheir claim against the carrying Vessel or her owner or demise charterer or the Freight
Forwarder. The foregoing provisions shall also apply where the owners, operators, or those incharge of any ships or objects other than, or in addition to, the colliding ships or objects are at
fault in respect of a collision or contact stranding or other accident.
23.
GENERAL AVERAGE & SALVAGE(1) The Merchant shall indemnify the Freight Forwarder in respect of any claims of a general
average nature which may be made on him and shall provide such security as may be requiredby the Freight Forwarder in this connection.
(2) All expenses in connection with a general average or salvage act to avoid damage to theenvironment always to be considered general average expenses.
(3) If salvage services are rendered to the Vessel and the Goods, then as soon as requested todo, the Merchant shall provide salvage security in the amount and in the form requested by thesalvor or shall provide counter security to the Freight Forwarder if the Freight Forwarder has
provided security to the salvor on behalf of the Merchant. In the event of any failure to provide
security promptly, the Merchant shall indemnify the Freight Forwarder for all loss andexpenses, including consequential loss caused by delay, suffered by the Freight Forwarder.
24.
FIRE AND NUCLEAR INCIDENT(a) The Freight Forwarder shall not be responsible for any loss or damage to the Goods arisingor resulting from fire occurring at any time, unless caused by the actual fault or privity of the
Freight Forwarder.
(B) The Freight Forwarder shall not be responsible for any loss or damage to the Goods arisingor resulting from nuclear incident occurring at any time, unless caused solely by personal willful
misconduct of the Freight Forwarder.
25.
LAW AND JURISDICTION
The contract evidenced by or contained in this Bill of Lading shall be governed by Japanese
law except as may be otherwise provided for herein. Unless otherwise agreed by the Freight
Forwarder, any action against the Freight Forwarder thereunder must be brought exclusively
before the Tokyo District Court in Japan. Any action by the Freight Forwarder to enforce any
provision of this Bill of Lading may be brought before any court of competent jurisdiction at
the option of the Freight Forwarder.
26.
VARIATION OF THE CONTRACT
Any agreement for or in connection with the Carriage of the Goods is superseded by this Billof Lading. No servant or agent of the Freight Forwarder shall have the power to waive or vary
any of the terms of this Bill of Lading unless such waiver or variation is in writing and isspecifically authorized or ratified in writing by the Freight Forwarder.
27.
VALIDITYIn the event that anything herein contained is inconsistent with any applicable international
convention or national law which cannot be departed from by private contract, the provisions
hereof shall be null and void to the extent of such inconsistency but no further.
28. WAIVER Non-performance or delay by the Freight Forwarder in exercising its rights forany period of time under this Bill of Lading shall not be a waiver of any of the Freight
Forwarder's rights.
29. US CLAUSE PARAMOUNT(1) If the Carriage covered by this Bill of Lading includes Carriage to or from a port or place inthe United States of America, this Bill of Lading shall be subject to the United States Carriage
of Goods by Sea Act 1936 (US COGSA), the terms of which are incorporated herein and shallgovern throughout the entire Carriage set forth in this Bill of Lading. Neither Clause
5(1)(a),(b), the Hamburg Rules nor the Visby Amendments shall apply to the Carriage to orfrom the United States. The Freight Forwarder shall be entitled to the benefits of the defences
and limitations in US COGSA, whether the loss or damage to the Goods occurs at sea or not.
(2) If the US COGSA applies as Clause 29(1) above, neither the Freight Forwarder nor the
Vessel shall, in any event, be or become liable for any loss or damage to or in connection with
the Goods in an amount exceeding $500.00 per package, lawful money of the United States, orin case of Goods not shipped in packages, per customary freight unit unless the value of theGoods has been declared and inserted in the declared value box on the face hereof, in whichcase Clause 6 (2) shall apply.