B/L裏面約款
1. (Definitions)(1) “Carrier” means the company mentioned on the face hereof by whom or in whose namethe contract of carriage is concluded with a Merchant and who assumes responsibility for the
performance of the Carriage hereunder.
(2) "Actual Carrier" includes owners and operators of vessels, stevedores, terminal
operators, road, rail and air transport operators, and independent contractors and theirrespective servants and agents of whose services the Carrier procures for the performance of
the whole or any part of the Carriage hereunder.
(3) "Carriage" means the whole or any part of the operations and services undertaken by
the Carrier in respect of the Goods.
(4) "Container" includes any container (including any open top, flat rack or platform
container), pallet or any other similar article of transport used to consolidate the Goods.
(5) "Goods" means the cargo described on the face hereof and, if the Goods are packed
into a Container supplied or furnished by or on behalf of the Merchant, includes the Container aswell.
(6) “Merchant” includes the shipper, consignor, consignee, owner and receiver of theGoods and the holder of this Bill of Lading and anyone acting on behalf of any such party.
(7) "Vessel" means the vessel named overleaf, and includes the vessel, ship, craft, lighteror other means of transport which is or shall be substituted, in whole or in part, for the vessel
named on the face hereof.
2. (Clause Paramount)(1) As far as this Bill of Lading covers the Carriage of the Goods by sea or inland
waterways, this Bill of Lading shall have effect subject to the provisions of the International
Carriage of Goods by Sea Act of Japan, enacted 13 June 1957, as amended 3 June 1992
(hereinafter called the Act), unless it is adjudged that any other legislation of a nature similar to
the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading
done at Brussels on 25 August 1924 (hereinafter called the Hague Rules), or by the Protocol
amending the Hague Rules done at Brussels on 23 February 1968, or, where applicable, by theProtocol amending the Hague Rules as amended by the Protocol of 23 February 1968 done atBrussels on 21 December 1979, mandatorily applies to this Bill of Lading, in which case this Billof Lading shall have effect subject to the provisions of such similar legislation (hereinafter called
the Hague-Rules Legislation), and the Act or the Hague-Rules Legislation shall be deemed to beincorporated herein.

(2) The Act or the Hague-Rules Legislation shall apply and govern before the Goods areloaded on and after they are discharged from the Vessel and throughout the entire time the Goods
are in custody of the Carrier and his servants or agents or the Actual Carrier within the sea
terminal at the port of loading or place of discharge.
(3) If any provision herein is held to be inconsistent with or repugnant to any extent of theAct, the Hague-Rules Legislation or any other laws, statutes or regulations mandatorily
applicable to the contract evidenced by this Bill of Lading, such provision shall be null and void tothe extent of such inconsistency or repugnance but no further.
3. (Governing 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, and any related legal action shallbe brought before the Tokyo District Court in Japan.
4. (Limitation Statute)
Nothing in this Bill of Lading shall operate to limit or deprive the Carrier of any statutory
protection or exemption or limitation of liability authorized by any applicable law, statute or
regulation of any country.
5. (Inspection of Goods)(1) The Carrier shall be entitled, but under no obligation, to open any Container orpackage at any time and to inspect the contents. If it thereupon appears that the contents or any
part thereof cannot safely or properly be carried or carried further, either at all or without
incurring any additional expense or taking any measures in relation to such package or Container
or its contents or any part thereof, the Carrier may abandon the Carriage thereof and/or take any
measure and/or incur any additional expense to carry or to continue the Carriage or to store thesame ashore or afloat under cover or in the open, at any place, which storage shall be deemed toconstitute due delivery under this Bill of Lading. The Merchant shall indemnify and hold the
Carrier harmless from and against any expense so incurred.
(2) If by order of the authorities at any place, a Container has to be opened for thecontents to be inspected, the Carrier shall not be liable for any loss, damage or any otherconsequences as a result of any opening, unpacking, inspection or repacking. The Carrier shallbe entitled to recover the cost of such opening, unpacking, inspection and repacking from theMerchant.
6. (Route of Transport)

(1) The Goods may, at the Carrier's absolute discretion, be carried as a single shipment or
as several shipments by the Vessel and/or any other means of transport by land and by any routewhatsoever, whether or not such route is direct, advertised or customary.
(2) The Carrier may at any time and without notice to the Merchant unpack and remove
the Goods which have been packed into a Container and forward them in a different Container orotherwise.
(3) The Vessel shall have the liberty to call and/or stay at any port(s) or place(s) in or outof the direct, advertised or customary route, one or more times and in any order backwards orforwards, and/or to omit calling at any port(s) or place(s) whether scheduled or not.
(4) The Vessel shall have the liberty to, either with or without the Goods on board, andbefore or after proceeding toward the port of discharge, adjust compasses and other navigational
instruments, make trial trips or tests, drydock, go to repair yards, shift berths, take in fuel orstores, embark or disembark any person, carry contraband, explosives, munitions, warlike
stores and hazardous cargo, sail with or without pilots, tow or be towed, and save or attempt tosave life or property.
(5) Any action taken by the Carrier under this Article shall be deemed to be included
within the contract of carriage, and such action or delay resulting therefrom shall not be deemed
to be a deviation. Should the Carrier be held liable in respect of such action, the Carrier shall beentitled to the full benefit of all privileges, rights and immunities contained in this Bill of Lading.
7. (Transshipment and Forwarding)(1) Whether arranged beforehand or not, the Carrier shall be at liberty without notice tocarry the Goods wholly or partly by the named or any other vessel(s), craft or other means oftransport by water or land, whether owned or operated by the Carrier or others. The Carrier
may under any circumstances discharge the Goods or any part thereof at any port or place fortransshipment, and store the same afloat or ashore, and then forward the same by any means oftransport.
(2) In case the Goods herein specified cannot be found at the port of discharge or place ofdelivery, or if miscarried, the Goods, when found, may be forwarded to their intended port ofdischarge or place of delivery at the Carrier's expense, but the Carrier shall not be liable for any
loss, damage, delay or depreciation arising from such forwarding.
8. (Liberties)(1) In any situation, whether or not existing or anticipated before the commencement of or
during the transport, which in the judgment of the Carrier (including for the purpose of this
Article any person charged with the transport or safekeeping of the Goods)

(i) has given or is likely to give rise to danger, injury, loss, delay or disadvantage of any nature to
the Vessel, a vehicle, the Carrier, any person, the Goods or any property; or (ii) has rendered or
is likely to render it in any way unsafe, impracticable, unlawful or against the interest of the
Carrier or Merchant to commence or continue the transport or to discharge the Goods at the portof discharge, or to deliver the Goods at the place of delivery by the route and in the manner
originally intended by the Carrier, the Carrier (a) at any time shall be entitled to unpack theContainer, or otherwise dispose of the Goods in such way as the Carrier may deem advisable atthe risk and expense of the Merchant; and/or (b) before the Goods are loaded on the Vessel, avehicle or other means of transport at the place of receipt or port of loading, shall be entitled tocancel the contract of carriage without compensation and require the Merchant to take deliveryof them, and upon his failure to do so, to warehouse or place them anywhere at the risk andexpense of the Merchant; and/or (c) if the Goods are at a place awaiting transshipment, shall beentitled to terminate the transport there and store them at any place selected by the Carrier at
the risk and expense of the Merchant; and/or (d) if the Goods are loaded on the Vessel, a vehicle
or other means of transport, whether or not approaching, entering or attempting to enter the portof discharge or to reach the place of delivery, or attempting or commencing to discharge, shall beentitled to discharge the Goods or any part thereof at any port or place selected by the Carrier or
to carry them back to the port of loading or place of receipt and there discharge them. Any
actions under (c) or (d) above shall constitute complete and final delivery and full performance of
this contract, and the Carrier thereafter shall be released from any responsibility under this Billof Lading.
(2) If, after storage, discharge or any action under the preceding paragraph, the Carrier
makes arrangements to store and/or transship and/or forward the Goods, it is agreed that he shalldo so as an agent only for and at the sole risk and expense of the Merchant without any liability
in respect of such agency, and the Merchant shall reimburse the Carrier forthwith upon demand
all extra freight, charges and extra expenses thereby incurred.
(3) The situations referred to in paragraph (1) above shall include, but shall not be limited
to, those caused by the existence or apprehension of war declared or undeclared, hostilities,
warlike or belligerent acts or operations, riots, civil commotion or other disturbances; closure of,obstacle in or danger to any canal; blockade of port or place or interdict or prohibition of or
restriction on commerce or trading; quarantine, sanitary or other similar regulations or
restrictions; strikes, lockouts or other labor troubles whether partial or general and whether or
not involving employees of the Carrier or his sub-contractors; congestion of port, wharf, sea
terminal or any other place; shortage, absence or obstacles of labor or facilities for loading,discharge, delivery

or other handling of the Goods; epidemics or diseases; bad weather,shallow water, ice, landslip or other obstacles in navigation or haulage.

(4) The Carrier, in addition to all other liberties provided for in this Article, shall have theliberty to comply with orders, directions, regulations, recommendations or suggestions as todeparture, arrival, route, ports of call, stoppage, loading, discharge, handling, destinations,delivery, quarantine or otherwise, howsoever given by any government, public authority or
department thereof, or any person acting or purporting to act with authority of such government,
public authority or department thereof, or by any committee or person having, under the terms ofany insurance on the Vessel, the right to give such order, direction, regulation, recommendationor suggestion. If by reason of and/or in compliance with any such order, direction, regulation,
recommendation or suggestion anything is done or not done, the same shall be deemed to be
included within the contract of carriage, and shall not be deemed to be a deviation therefrom.
9. (Issuance of Bill of Lading)(1)The Carrier, by the issuance of this Bill of Lading undertakes to perform and/or in his
own name to procure the performance of the Carriage from the place at which the Goods aretaken in charge to the place designated for delivery on the face hereof.
(2) Notwithstanding the heading “Combined Transport Bill of Lading” the provisions set
out and referred to herein shall also apply when the Carriage is performed by one mode oftransport only.
(3) Any reference on the face hereof to marks, numbers, description, quality, quantity,gauge, weight, measure, nature, kind, value or any other particulars of the Goods is as furnishedby the Merchant, and the Carrier shall not be responsible for the accuracy thereof.

The

Merchant warrants to the Carrier that the particulars furnished by him are correct, and shallindemnify the Carrier against all loss, damage, expenses, liability, penalties and fines arising or
resulting from any inaccuracy thereof.
10. (Use of Container)
Where the Goods, the receipt of which is acknowledged on the face of this Bill of Lading,are not already packed into the Container at the time of the receipt thereof, the Carrier shall havethe liberty to pack and carry them in any type of Container.
11. (Carrier's Container)(1) The Merchant shall assume full responsibility for and shall indemnify and hold the
Carrier harmless from and against any loss of or damage to any Container or other equipment
furnished or arranged by the Carrier for the Merchant which occurs while in the possession orcontrol of the Merchant, its agent or its inland carrier engaged by or on behalf of the Merchant.

(2) The Carrier shall in no event be liable for and the Merchant shall indemnify and holdthe Carrier harmless from and against any loss of or damage to any Container or equipment orproperty of any third party, or injury to or death of any third party caused by the Carrier’sContainer or the contents thereof during the handling by or while in the possession or control of
the Merchant, its agent or inland carrier engaged by or on behalf of the Merchant.
(3) If any container furnished or arranged by the Carrier is unpacked at the Merchant's
premises, the Merchant shall be responsible for returning the empty Container, with interior
brushed and cleaned, to the point or place designated by the Carrier within the time prescribed.
Should a Container not be returned within the time prescribed by the Carrier, the Merchant shallbe liable for any detention, loss or expense that may arise from such non-return.
12. (Merchant’s Packed Containers)(1) If a Container has not been packed by the Carrier, this Bill of Lading shall be areceipt only for the Container, and the Carrier shall not be liable for any loss of or damage tothe contents, and the Merchant shall indemnify and hold the Carrier harmless from and against
any injury, loss, damage, liability or expense incurred by the Carrier if such loss, damage,liability or expense has been caused by: (a) the manner in which the Container has been filled,
packed, stuffed or loaded; (b) the unsuitability of the contents for carriage by Containers; or (c)the unsuitability or defective condition of the Container which would have been apparent upona reasonable inspection by the Merchant at or prior to the time the Container was filled,
packed, stuffed or loaded.
(2) The Merchant shall inspect any Container before packing the contents into theContainer, and the use of the Container shall be prima facie evidence of the Container beingsound and suitable for use.
(3) If the Container is delivered by the Carrier with the seals intact, such delivery shallbe deemed to be full and complete performance of the Carrier's obligation under this Bill of
Lading, and the Carrier shall not be liable for any loss of or damage to the contents of theContainer.
13. (Special Container)(1) The Carrier shall not undertake to carry the Goods in refrigerated, heated, insulated,ventilated or any other special container, nor to carry a special container packed by or on
behalf of the Merchant as such; but the Carrier will treat such Goods or container only as
ordinary goods or as a dry container respectively, unless special arrangements for the
carriage of such Goods or container have been agreed to in writing between the Carrier andthe Merchant, and unless such special arrangements are noted on the face of this Bill of Ladingand unless special freight as required has been paid. The Carrier shall not accept
responsibility for the functioning of any special container supplied by or on behalf of the
Merchant.
(2) Regarding the Goods which have been agreed to be carried in a special container, theCarrier shall exercise due diligence to maintain the facilities of such special container while
they are in his actual custody and control, and shall not be liable for any kind of loss of ordamage to the Goods caused by latent defects, derangement or breakage of the facilities ofsuch special container.
(3) If the Goods have been packed into a refrigerated container by the Carrier, and theparticular temperature range requested by the Merchant is included in this Bill of Lading, theCarrier will set the thermostatic controls within the requested temperature range, but does notguarantee the maintenance of the intended temperature inside such container.
(4) If the cargo received by the Carrier is a refrigerated container into which thecontents have been packed by or on behalf of the Merchant, it is the obligation of the Merchantto stow the contents properly and set the thermostatic controls exactly. The Carrier shall not
be liable for any loss of or damage to the Goods arising out of or resulting from the Merchant's
failure to meet such obligations, and further does not guarantee the maintenance of theintended temperature inside such container.
14. (Dangerous Goods, Contraband)(1) The Carrier shall carry Goods of an explosive, flammable, radioactive, corrosive,
damaging, noxious, hazardous, poisonous, injurious or dangerous nature only upon the
Carrier's acceptance of a prior written application by the Merchant for the carriage of such
Goods. Such application must accurately state the nature, name, label and classification of theGoods, as well as the method of rendering them innocuous, with the full names and addressesof the Merchant.
(2) The Merchant shall ensure that the nature of the Goods referred to in the preceding
paragraph is distinctly and permanently marked and manifested on the outside of the
package(s) and Container, and shall also submit all documents or certificates required by any
applicable statutes or regulations or by the Carrier.
(3) If the Goods are discovered to have been received by the Carrier in violation ofparagraphs (1) or (2) above, or if the Goods are found to be contraband or prohibited by any law
or regulation of the port of loading, discharge or call or any place or waters during thetransport, the Carrier shall be entitled to have such Goods rendered innocuous, thrown
overboard, discharged or otherwise disposed of at the Carrier's discretion withoutcompensation, and the Merchant shall be liable for and indemnify and hold the Carrier harmlessfrom and against any loss, damage or liability, including the loss of freight, and any expenses
directly or indirectly arising or resulting from such Goods.
(4) The Carrier may exercise or enjoy the right or benefit conferred upon the Carrier
under the preceding paragraph when it is determined that the Goods received in compliancewith paragraphs (1) and (2) above have become dangerous to the Carrier, Vessel, and/or any
cargo, person or other property.
(5) The Carrier has the right to inspect the contents of the package(s) or Container at
any time and place without the Merchant’s agreement, but only at the risk and expense of the
Merchant.
15. (Deck Cargo)(1) The Carrier has the right to carry the Goods in a Container either under deck or on
deck.
(2) When the Goods are carried on deck, the Carrier shall not be required to speciallynote, mark or stamp any statement of 'on deck stowage' on the face hereof, any custom to thecontrary notwithstanding.

The Goods so carried shall be subject to the applicable Hague

Rules Legislation, as provided for in Article 2 hereof, and the stowage of such Goods shallconstitute under deck stowage.
(3) The Carrier shall not be liable in any capacity for any non-delivery, misdelivery, anddelay or loss of or damage to the Goods which are carried on deck and specially stated herein
to be so carried, whether or not caused by the Carrier's negligence or the Vessel's
unseaworthiness.
16. (Live Animals and Plants)
The Carrier shall not be responsible for any accident, disease, mortality, loss of ordamage to live animals, birds, reptiles and fish and plants arising or resulting from any cause,
including the Carrier's negligence or the Vessel's unseaworthiness, and shall have the benefit of
all the provisions of this Bill of Lading, except those inconsistent with the provisions of this
Article.
17. (Valuable Goods)
The Carrier shall not be liable to any extent for any loss of or damage to platinum, gold,
silver, jewelry, precious stones, precious metals, radioisotopes, precious chemicals, bullion,
specie, currency, negotiable instruments, securities, writings, documents, pictures,
embroideries, works of art, curios, heirlooms, collections of any nature or any other valuable
Goods, including Goods having particular value only for the Merchant, unless the true nature andvalue of the Goods have been declared in writing by the Merchant before receipt thereof by the
Carrier, and the same is inserted in this Bill of Lading and ad valorem freight has been prepaid
thereon.
18. (Heavy Lift)(1) The weight of a single piece or package exceeding one metric ton gross must be
declared by the Merchant in writing before receipt thereof by the Carrier, and must be marked
clearly and durably on the outside of the piece or package in letters and figures not less than
five centimeters high.
(2) In the event that the Merchant fails to perform his obligations under the preceding
paragraph, the Carrier shall not be responsible for any loss of or damage to the Goods, and at
the same time, the Merchant shall be liable for any loss of or damage to any property or for
personal injury arising or resulting from the Merchant's said failure, and shall indemnify andhold the Carrier harmless from and against any loss or liability suffered or incurred by the
Carrier as a result of such failure.
19. (Delivery)(1) The Carrier shall have the right to deliver the Goods at any time from or at the
Vessel's side, custom-house, warehouse, wharf, quay or any other place designated by the
Carrier within the geographic limits of the port of discharge or place of delivery shown on theface hereof.
(2) In any case, the Carrier's responsibility shall cease when the Goods have beendelivered to the Merchant or inland carriers or any other person entitled to receive the Goodson his behalf at the place designated by the Carrier. Delivery of the Goods to the custody ofcustoms or any other authorities shall constitute final discharge of the Carrier's responsibility
hereunder.
(3) In a situation where the cargo received by the Carrier involves a Container into which
the contents have been packed by or on behalf of the Merchant, the Carrier shall only be
responsible for delivery of the total number of Containers shown on the face hereof, and shallnot be required to unpack the Container and deliver the contents thereof in accordance with thebrands, marks, numbers, sizes or types of packages or pieces; provided, however, that at the
Carrier's absolute discretion and upon the Merchant’s demand in writing received by the
Carrier at least three days prior to the scheduled date of arrival of the Vessel at the port ofdischarge concerned, Container may be unpacked and the contents thereof may be deliveredby the Carrier to one or more receivers in accordance with the written instructions, in whichcase if the seal of the Container is intact at the time of unpacking, all the Carrier's obligations

hereunder shall be deemed to have been discharged, and the Carrier shall not be responsible
for any loss of or damage to the contents arising or resulting from such delivery, and theMerchant shall be liable for an appropriate adjustment of the freight and any additional charges
incurred.
(4) In a situation where the Goods have been packed into a Container by the Carrier, theCarrier shall unpack the Container and deliver the contents thereof, and shall not be required todeliver the Goods in the Container; provided, however, that at the Carrier's absolute discretionand subject to prior arrangement between the shipper and the Carrier, Goods may bedelivered to the Merchant in a Container, in which case if the Container is delivered by the
Carrier with the seals intact, such delivery shall be deemed to be full and complete
performance of the Carrier's obligations hereunder, and the Carrier shall not be responsible forany loss of or damage to the contents of the Container.
(5) Optional delivery shall be granted only when arranged prior to the time of receipt of
the Goods and so expressly provided herein. The Merchant desiring to avail himself of theoption so expressed must give notice in writing to the Carrier at the first port of call of theVessel named in the option at least 48 hours prior to the Vessel's arrival there, otherwise theGoods shall be landed at any of the optional ports at the Carrier's option, and the Carrier’s
option and the Carrier’s responsibility shall then cease.
(6) In a situation where the Goods are stored by the Carrier on behalf of and at therequest of the Merchant at any time during the Carriage, the Carrier shall not be liable for thecost of such storage or for any loss of or damage to the Goods arising or resulting from suchstorage or any Carriage thereafter, and the Merchant shall be liable for any additional charges
incurred in connection therewith.
20. (Delivery by Marks)(1) The Carrier shall not be liable for failure of or delay in delivery in accordance withany marks unless such marks shall have been clearly and durably stamped or marked upon theGoods, package(s) and Container by the Merchant before they are received by the Carrier inletters and numbers not less than five centimeters high, together with the names of the port ofdischarge and place of delivery.
(2) Under no circumstances shall the Carrier be responsible for delivery in accordancewith other than the leading marks.
(3) The Merchant warrants to the Carrier that the marks on the Goods, package(s) andContainer correspond to the marks shown on this Bill of Lading, and also in all respects comply
with all laws and regulations in force at the port of discharge or place of delivery, and shallindemnify and hold the Carrier harmless from and against any loss, damage, expenses,
penalties or fines arising or resulting from any incorrectness or incompleteness thereof.
(4) Goods which cannot be identified as to marks and numbers, cargo sweepings, liquid
residue and any unclaimed Goods not otherwise accounted for shall be allocated for the
purpose of completing delivery to the various merchants of goods of like character, in
proportion to any apparent shortage, loss of weight or damage, and such goods or parts thereof
shall be accepted as full and complete delivery.
21. (Freight and Charges)(1) Freight may be calculated on the basis of the particulars of the Goods furnished by
the Merchant who shall be deemed to have guaranteed to the Carrier the accuracy of thecontents, weight, measure or value as furnished by him, at the time of receipt of the Goods by
the Carrier, but the Carrier may, at any time, for the purpose of ascertaining the actual
particulars, open the Container and/or package(s) and examine contents, weight, measure andvalue of the Goods at the risk and expense of the Merchant. In case of incorrect declaration of
the contents, weight, measure or value of the Goods, the Merchant shall be liable for and boundto pay to the Carrier (a) the balance of freight between the freight charged and that which
would have been due had the correct details been given, plus (b) as and by way of liquidated
and ascertained damages, a sum equal to the correct freight.
(2) Full freight to the port of discharge or place of delivery named herein shall beconsidered as completely earned on receipt of the Goods by the Carrier, whether the freight isstated or intended to be prepaid or to be collected at the port of discharge or place of delivery.
The Carrier shall be entitled to all freight and other charges due hereunder, whether actually
paid or not, and to receive and retain them irrevocably under any circumstances, whether the
Vessel and/or the Goods are lost, or the voyage is broken up, frustrated or abandoned during
any stage of the entire transit. Full freight shall be paid on damaged or unsound Goods.
(3) The payment of freight and/or charges shall be made in full and in cash without any
offset, counterclaim or deduction. Where freight is payable at the port of discharge or place ofdelivery, such freight and all other charges shall be paid in the currency named in this Bill of
Lading, or at the Carrier’s option, in another currency subject to the regulations of the freight
conference concerned or custom at the place of payment.
(4) Goods once received by the Carrier cannot be taken away or disposed of by the
Merchant except upon the Carrier's consent and against payment of full freight andcompensation for any loss sustained by the Carrier through such taking away or disposal. If
the Goods are not available when the Vessel is ready to load, the Carrier is relieved of any

obligation to load such Goods, and the Vessel may leave the port without further notice, and thedead freight shall be paid by the Merchant.
(5) The Merchant shall be liable for, and indemnify and hold the Carrier harmless fromand against any dues, duties, taxes or charges, including consular fees levied on the Goods, or
any fines or losses sustained or incurred by the Carrier in connection with the Goods however
caused, including the Merchant’s failure to comply with any law or regulation of any
government or public authority in connection with the Goods or to procure consular, Board of
Health or other certificate to accompany the Goods. The Merchant shall be liable for return
freight and charges on the Goods refused exportation or importation by any government or
public authority. If, at the Carrier’s discretion, the Goods need sorting, inspecting, mending,repairing, or reconditioning or otherwise require protecting or caring for, the Carrier may
carry out such work at the cost and expense of the Merchant. The Merchant authorizes the
Carrier to pay and/or incur all such charges and expenses, do any thing mentioned above at theexpense of and as agents for the Merchant, and engage other parties to regain or seek to regain
possession of the Goods and do any thing deemed advisable for the benefit of the Goods.
(6) The shipper, consignee, owner of the Goods and holder of this Bill of Lading shall bejointly and severally liable to the Carrier for the payment of all freight and charges and for the
performance of their respective obligations hereunder.
22. (Lien)(1) The Carrier shall have a lien on the Goods, which shall survive delivery, for all freight,
dead freight, demurrage, damages, loss, charges, expenses and any other sums payable by or
chargeable to or for the account of the Merchant under this Bill of Lading and any contract
preliminary hereto, and for the cost and expense of recovering the same, and may sell the Goods
privately or by public auction without notice to the Merchant. If on sale of the Goods, theproceeds fail to cover the amount due and the cost and expense incurred in connection therewith,
the Carrier shall be entitled to recover the deficit from the Merchant.
(2) If the Goods are unclaimed during a reasonable time, or if, at the Carrier’s discretion,
the Goods have become deteriorated, decayed or worthless, the Carrier may, at his discretionand subject to his lien and without any liability attaching to him, sell, abandon or otherwise
dispose of such Goods solely at the risk and expense of the Merchant.
23. (Fire)
The Carrier shall not be responsible for any loss of or damage to the Goods arising or
resulting from fire occurring at any time, even before loading on or after discharge from the
Vessel, unless caused by the actual fault or privity of the Carrier.

24. (Liability of Carrier)(1) The Carrier shall be liable for loss of or damage to the Goods occurring from the time
when the Carrier receives the Goods for Carriage until the time of delivery only to the extent set
forth below.
(2) The Carrier shall be relieved of liability for any loss or damage, if such loss, damage ordelay in delivery was caused by:(a) the wrongful act or neglect of the Merchant;(b) compliance with the instructions of the person entitled to give them;(c) the inherent vice or nature of the Goods;(d) the insufficiency of the packing or inadequacy of marks;(e) a defect of the Container used to consolidate the Goods if supplied by the Merchant;(f) the handling, loading, stowage into or discharge from a Container by the Merchant;(g) war, warlike operations, riots, civil commotion, strikes, lockouts, or stoppage or restraint oflabor for any reason, whether partial or general; or(h) any cause or event which the Carrier could not avoid, and the consequence thereof the
Carrier could not prevent by the exercise of due diligence.
(3) If the stage of the Carriage during which the loss or damage occurred is known,
notwithstanding anything provided for otherwise herein, the liability of the Carrier shall be
determined by the provisions contained in any international convention or mandatory national law
under which such provisions:(a) cannot be departed from by private contract to the detriment of the Merchant, or(b) would have applied if the Merchant had made a separate and direct contract with the carrier
in respect of the particular stage of the Carriage during which the loss or damage occurred, andreceived as evidence thereof any particular document which must be issued in order to makesuch international convention or national law applicable.
(4) If it can be proved that the loss or damage occurred during inland Carriage while theGoods were in custody of an Actual Carrier, the liability of the Carrier and the limitation thereof
shall be determined in accordance with the Actual Carrier’s contract of carriage or tariff, or
where such contract or tariff does not exist, the limit shall be as set forth in Clause 25 hereunder.
(5) If it cannot be proved where the loss or damage occurred, the loss or damage shall bedeemed to have occurred during the course of Carriage by sea, and the Carrier shall be liable tothe extent prescribed by the Act or applicable Hague-Rules Legislation, as the case may be, as
provided for in Clause 2 hereof.
25. (Limitation of Liabilities)

(1) When the Carrier is liable for compensation in respect of any loss of or damage to theGoods, it is agreed by the Merchant that such compensation shall be calculated by reference tothe value of the Goods at the place and time they are delivered to the Merchant, or at the place
and time they should have been delivered. For the purpose of determining the extent of the
Carrier’s liability for loss of or damage to the Goods, the sound value of the Goods is presumed
to be the Merchant’s invoice value of the Goods plus freight, charges and insurance, if paid.
(2) The Carrier shall in no event be or become liable for any loss of or damage, howeverarising, to the Goods in an amount exceeding the equivalent of 666.67 Units of Account per
package or unit or 2 Units of Account per kilogram of gross weight of the Goods lost or damaged,
whichever is higher.
(3) Higher compensation may be claimed only when, with the consent of the Carrier, thevalue of the Goods is declared by the shipper prior to the commencement of the Carriage, which
exceeds the limits laid down in this Clause, has been inserted on the face hereof in the spaceprovided and extra freight has been paid, in which case such declared value shall be the limit, andany partial loss or damage shall be adjusted pro rata on the basis of such declared value.
(4) The Unit of Account mentioned in Paragraph 2 above is the Special Drawing Right (SDR)
as defined by the International Monetary Fund. The amounts mentioned in Paragraph 2 above
shall be converted into the national currency on the basis of the value of such currency on a date
to be determined by the law of the court seized of the case.
(5) When the Goods have been packed into a Container by or on behalf of the Merchant, andwhen the number of packages or units packed into the Container is not enumerated on the face
hereof, each Container, including the entire contents thereof, shall be considered to be one
package for the purpose of the application of the Carrier’s limitation of liability.
(6) The Carrier does not undertake that the Goods shall arrive at the port of discharge orplace of delivery at any particular time or in time to meet any particular market or use, and the
Carrier shall not be liable for any direct, indirect or consequential loss or damage caused bydelay or any other cause. Without prejudice to the foregoing, if the Carrier is found liable fordelay, liability shall be limited to the freight applicable to the relevant stage of the Carriage.
26. (Defense and Limit for Carrier)
The defenses and limits of liability provided in this Bill of Lading shall apply in any action
against the Carrier for loss of or damage to the Goods, whether the action is based in contract or
tort.
27. (Liability of Servants, Agents and Other Persons)(1) If an action for loss of or damage to the Goods is brought against any servants or agentsof the Carrier or other persons, including, but not limited to, Actual Carriers or their servants oragents, of whose services the Carrier procures for the performance of the Carriage evidenced by
the terms and conditions herein, such servants, agents or other persons shall be entitled to avail
themselves of the defenses and limits of liability which the Carrier is entitled to invoke
hereunder, and in entering into this Contract the Carrier, to the extent of those provisions, does
so not only on his behalf, but also as an agent and trustee for such servants, agents or otherpersons. The aggregate of the amounts recoverable from the Carrier and such servants, agentsor other persons and their servants and agents shall in no case exceed the limits provided herein.
(2) The Merchant shall indemnify the Carrier for any claim which may be made upon the
Carrier by such servants, agents or other persons and their servants and agents in relation to theclaims made against them by the Merchant.
28. (Notice of Claim and Time for Suit)(1) Unless notice of loss or damage and the general nature of such loss or damage is given
in writing to the Carrier at the port of discharge or place of delivery before or at the time ofdelivery of the Goods or, if the loss or damage is not apparent, within three days after delivery,
the Goods shall be deemed to have been delivered as described in this Bill of Lading.
(2) In any event, the Carrier shall be discharged from all liability in respect of non-delivery,
misdelivery, delay, loss or damage unless a legal action is commenced within nine months after
the delivery of the Goods or the date when the Goods should have been delivered.
29. (General Average)(1) General average shall be adjusted, stated and settled at the port or place where thecarrying vessel and/or her owner shall decide according to the York-Antwerp Rules of 1974, as
amended in 1990 or any modification thereof, and any other rules, laws and usage of the port orplace of the adjustment, as may be stated in the ocean bill of lading issued for the Goods. Such
cash deposit as the Carrier or the owner of the vessel may deem sufficient to cover the estimatedcontribution of the Goods and any salvage and special charges thereon shall be made by the
Merchant to the Carrier or the owner of the vessel, if required, before delivery of the Goods.
(2) If the Carrier delivers the Goods without obtaining security for general averagecontributions, the Merchant, by taking delivery of the Goods, undertakes responsibility to pay
such contributions and to provide such cash deposit or other security for the estimated amount ofsuch contributions as the Carrier shall require.
30. (Both-to-Blame Collision Clause and New Jason Clause)

The Both-to-Blame Collision Clause and New Jason Clause provided for in the ocean Bill of
Lading issued for the Goods by the owner or the operator of the carrying Vessel shall beavailable to the Carrier, and be deemed to be incorporated herein and constitute a part hereofwith the same force and effect as if fully set forth herein.
31. (U.S.A. Local Clause)(1) If the Carriage covered by this Bill of Lading includes Carriage to or from or through aport or place in the United States of America, this Bill of Lading shall be subject to the Carriage
of Goods by Sea Act of the United States of America approved 16 April 1936 (U.S. COGSA), theterms of which shall be deemed to be incorporated herein, and shall be paramount throughout the
Carriage by sea or inland waterways and the entire time that the Goods are in the actual custodyof the Carrier or any Actual Carrier at the sea terminal in the United States of America before
loading on or after discharge from the Vessel, as the case may be.
(2) If the U.S. COGSA applies, the liability of the Carrier shall not exceed U.S.$500 per
package or customary freight unit, unless the nature and value of the Goods have been declaredon the face hereof, in which case Clause 25 shall apply.
(3) The Carrier shall not be liable in any capacity for loss, damage or delay to the Goods
while the Goods are in the United States of America away from the sea terminal and are not in theactual custody of the Carrier. The responsibility of the Carrier shall be to procure, as agent,transportation by inland carriers (one or more) and such transportation shall be subject to theinland carrier's contract of carriage and tariffs and any law mandatorily applicable. The Carrier
guarantees the fulfillment of such inland carrier's obligation under their contracts and tariffs. If,
for any reason, the Carrier is denied the right to act as agent only at these times, the Carrier's
liability for loss, damage or delay to the Goods shall be determined in accordance with Clause 24
and Clause 25 hereof.