NISSIN INTERNATIONAL TRANSPORT U.S.A., INC.
COMBINED TRANSPORT BILL OF LADING(FRONT)
Received by the carrier in apparent good order and condition unless otherwise indicated hereon, theContainer(s) and/or goods hereinafter mentioned to be transported and/or otherwise forwarded fromthe Place of Receipt to the Intended Place of Delivery upon and subject to all the terms and conditions
appearing on the face and back of this Bill of Lading. This Bill of Lading duly endorsed must besurrendered in exchange for the Goods or delivery order.
Note: Nissin International Transport U.S.A., Inc. is not a shipowner or operator, nor is it a road hauler. Itwill arrange and procure the movement and carriage of the goods hereinafter mentioned by making useof the services of sub- contractors.
IN WITNESS, WHEREOF, THE CARRIER OR ITS AGENT HAS SIGNED (3) BILLS OF LADING, ALL OF THE SAMETENOR AND DATE, ONE OF WHICH BEING ACCOMPLISHED THE OTHERS TO STAND VOID.
NISSIN INTERNATIONAL TRANSPORT U.S.A., INC.
BY
as the carrier(Back)(1) CLAUSE PARAMOUNT:This Bill of Lading shall have effect subject to the provisions of the Carriage of Goods by Sea Actof the United States 46 U.S.C. section 1300-1315(hereafter, “COGSA”). The provisions stated in
COGSA (except as may be otherwise specifically provided herein) shall govern before the goods
are loaded on and after they are discharged from the ship and throughout the entire time thegoods are in the custody of the carrier.
(2) DEFINITIONS:
2.1 “Ship” means the vessel named in this Bill of Lading, or any conveyance owned, chartered,or operated by Carrier or used by Carrier for the performance of this contract.
2.2 “Carrier” means Nissin International Transport U.S.A., Inc, on whose behalf this Bill of Lading
has been signed.
2.3 “Merchant” includes the Shipper, the Receiver, the Consignor, the Consignee, the Holder ofthis Bill of Lading and any person having a present or future interest in the Goods or any person
acting on behalf of any of the above-mentioned persons.
2.4 “Container” includes any container, trailer, transportable tank, lift van, flat, pallet, or any
similar article of transport used to consolidate goods.
(3) SUBCONTRACTING:
3.1 Carrier shall be entitled to subcontract on any terms the whole or any part of the handling,storage, or carriage of the goods and all duties undertaken by Carrier In relation to the goods.
3.2 Every servant or agent or subcontractor of Carrier shall be entitled to the same rights,
exemptions from liability, defenses and immunities to which Carrier is entitled. For these
purposes, Carrier shall be deemed to be acting as agent or trustee for such servants or agents,
who shall be deemed to be parties to the contract evidenced in this Bill of Lading.
1(4) ROUTE OF TRANSPORT:
4.1 Carrier is entitled to perform the transport in any reasonable manner and by any
reasonable means, methods and routes.
4.2 The Ship shall have the liberty to, at any time, adjust navigational instruments, make trial
trips, dry dock, go to repair yards, shift berths, taken in fuel or stores, embark or disembark any
persons, carry contraband and hazardous goods, sail with or without pilots and save or attempt
to save life or property. Delays resulting from such activities shall not be deemed a deviation.
(5) HINDRANCES AFFECTING PERFORMANCE:
5.1 Carrier shall use reasonable endeavors to complete transport and to deliver the goods at theplace designated for delivery.
5.2 If at any time the performance of this contract as evidenced by this Bill of Lading in theopinion of carrier is or will be affected by any hindrance, risk, delay, difficulty or disadvantage ofany kind including strike and if by virtue of the above Carrier has no duty to complete theperformance of the contract, Carrier, whether or not the transport is commenced may elect to:(a) treat the performance of this contract as terminated and place the goods atMerchant’s disposal at any place Carrier shall deem safe and convenient, or(b) deliver the goods at the place of delivery.
In any event, Carrier shall be entitled to full freight for any goods received for transportation
and additional compensation for extra costs resulting from the circumstances referred to above.
(6) BASIC LIABILITY:
6.1 Carrier shall be liable for loss of or damage to the goods occurring between the time when it
takes goods into its charge and the time of delivery.
6.2 If it is established that the loss of or damage to the goods occurred during sea carriage,liability shall be governed by COGSA (see section 1).
6.3 If it cannot be determined when the loss of or damage to the goods occurred, it shall be
presumed that such loss or damage occurred while the goods were in the custody of Carrier andCOGSA shall govern.
6.4 Carrier does not undertake that the goods shall be delivered at any particular time and shallnot be liable for any direct or indirect losses caused by any delay.
6.5 Carrier shall not be liable for any loss or damage arising from:(a) an act or omission of Merchant or person other than Carrier acting on behalf ofMerchant from whom Carrier took the goods in charge,(b) compliance with the instructions of any person authorized to give them,(c) handling, loading, stowage or unloading of the goods by or on behalf of Merchant,(d) inherent vice of the goods,(e) lack or insufficiency of or defective condition of packing in the case of goods, whichby their nature, are liable to wastage or damage when not packed or when not properly
packed,(f) insufficiency or inadequacy of marks or numbers on the goods, coverings or unit
loads,(g) fire, unless caused by actual fault or privity of Carrier,(h) any cause or event which Carrier could not avoid and the consequences of which hecould not prevent by the exercise of due diligence.
6.6 With respect to the transportation performed by Inland Carriers to the port of loading orfrom the port of discharge, the responsibility of Carrier shall be to procure transportation by2

such carriers (one or more) and such transportation shall be subject to the Inland Carriers’
contracts of carriage, tariffs and any law compulsorily applicable.
(7) COMPENSATION FOR LOSS AND DAMAGE:
7.1 Unless otherwise mandated by compulsorily applicable law, Carrier’s liability forcompensation for loss of or damage to goods shall in no case exceed the amount of $500 per
package or per customary freight unit, unless the Merchant, with the consent of Carrier, hasdeclared a higher value for the goods in the space provided on the front of this Bill of Lading andpaid extra freight per Carrier’s tariff, in which case such higher value shall be the limit of Carrier’sliability. However, Carrier shall not, in any case, be liable for an amount greater than the actual
loss to the person entitled to make the claim.
7.2 In any case where Carrier’s liability for compensation may exceed the amount set forth inclause 7.1 above, compensation shall be calculated by reference to the value of the goods,
according to their current market price, at the time and place they are delivered, or should havebeen delivered, In accordance with this contract.
7.3 If the value of the goods is less than $500 per package or per customary freight unit, theirvalue for compensation purposes shall be deemed to be the invoice value, plus freight andinsurance, If paid.
(8) DESCRIPTION OF GOODS:
Merchant warrants to Carrier that all particulars of the goods, including, without limitation, themarks, number, quantity and weight, furnished by Merchant are correct and Merchant shallindemnify Carrier against all losses arising from any inaccuracy.
(9) CARRIER’S CONTAINERS:
9.1 If goods are not received by Carrier already in containers, Carrier may pack them in any typecontainer.
9.2 Merchant shall be liable to Carrier for damage to Carrier’s containers or equipment if suchdamage occurs while such equipment is in control of Merchant or his agents.
9.3 Merchant indemnifies Carrier for any damage or injury to persons or property caused by
Carrier’s containers during handling by or when in possession or control of Merchant.
9.4 Merchant undertakes to return such containers to Carrier within the time provided for in
Carrier’s applicable tariff; otherwise, Merchant shall pay Carrier for the demurrage or detention
charges applicable to the containers.
(10) CONTAINER PACKED BY MERCHANT:
If Carrier receives the goods already packed into containers:
1. this Bill of Lading is prima facie evidence of the receipt of the particular number ofcontainers set forth, and that number only. Carrier accepts no responsibility withrespect to the order and condition of the contents of the containers;
2. Merchant warrants that the stowage and seals of the containers are safe and properand suitable for handling and carriage;
3. delivery shall be deemed as full and complete performance when the containers aredelivered by Carrier with the sales intact; and4. Carrier has the right to open and inspect the containers at any time without notice toMerchant, and expenses resulting from same shall be borne by Merchant.
(11) DANGEROUS GOODS:3

11.1 Merchant may not tender goods of a dangerous nature without written application toCarrier and Carrier’s acceptance of the same. In the application, Merchant must identify thenature of the goods with reasonable specificity as well as the names and addresses of theshippers and consignees.
11.2 Merchant shall distinctly and permanently mark the nature of the goods on the outside of
the package and container and shall submit to Carrier or to the appropriate authorities allnecessary documents required by law or by Carrier for the transportation of such goods.
11.3 If the goods subsequently, in the judgement of Carrier, become a danger to Carrier, theShip, or other Cargo, Carrier, may dispose of the goods without compensation to Merchant andMerchant shall indemnify Carrier for any loss or expenses arising from such action.
(12) DECK CARGO:
12.1 Carrier has the right to carry the goods in any container under deck or on deck.
12.2 Carrier is not required to note “on deck stowage” on the face of this Bill of Lading andgoods so carried shall constitute under deck stowage for all purposes including the GeneralAverage.
12.3 Except as otherwise provided by any law applicable to this contract, if this Bill of Ladingstates that the cargo is stowed on deck, then Carrier shall not be liable for any non-delivery,
misdelivery, delay or loss to goods carried on deck, whether or not caused by Carrier’s
negligence or the ship’s unseaworthiness.
(13) HEAVY LIFT:
13.1 Single packages with a weight exceeding 2,240 pounds gross not presented to Carrier inenclosed containers must be declared in writing by Merchant before receipt of the packages byCarrier. The weight of such packages must be clearly and durably marked on the outside of thepackage in letters and figures not less than two inches high.
13.2 If Merchant fails to comply with the above provisions, Carrier shall not be liable for any
loss of or damage to the goods, and Merchant shall be liable for any loss of or damage topersons or property resulting from such failure and Merchant shall indemnify Carrier against
any loss or liability suffered or incurred by Carrier as a result of such failures.
(14) DELIVERY:
14.1 Carrier shall have the right to deliver the goods at any time at any place designated byCarrier within the commercial or geographic limits of the port discharge or place of delivery
shown in this Bill of Lading.
14.2 Carrier’s responsibility shall cease when delivery has been made to Merchant, any personauthorized by Merchant to receive the goods, or in any manner or to any other person inaccordance with the custom and usage of the port of discharge.
14.3 If goods should remain in Carrier’s custody after discharge from the ship and possession is
not taken by Merchant, after notice, within the time allowed in Carrier’s applicable tariff, thegoods may be considered to have been delivered to Merchant, and, at Carrier’s option, may be
stored at Merchant’s expense.
(15) NOTICE OF CLAIM:
15.1 Written notice of claims for loss of or damage to goods occurring or presumed to haveoccurred while in the custody of Carrier must be given to Carrier at the port of discharge beforeor at the time of removal of the goods by one entitled to delivery. If such notice is not provided,removal shall be prima facie evidence of delivery by Carrier. If such loss or damage is notapparent, Carrier must be given written notice within 3 days of the delivery.
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(16) FREIGHT AND CHARGES:
16.1 Freight may be calculated on the basis of the particulars of the goods furnished byMerchant. Carrier and Merchant agree that it may be difficult or impossible to assess damages
if freight is incorrectly declared. Therefore, in case of incorrect declaration of the goods,
Merchant shall pay a sum equal to three times the difference between the correct freight andthe freight charged as liquidated damages, notwithstanding any other sum having been statedherein as freight payable. Quotations as to fees, rates of duty, freight charges, insurance
premiums or other charges given by Carrier to Merchant are for informational purposes only
and are subject to change without notice and shall not under any circumstances be binding
upon Carrier unless the Carrier in writing specifically undertakes the handling of transportationof the shipment at a specific rate.
16.2 Freight shall be deemed earned on receipt of goods by Carrier, whether the freight beintended to be prepaid or collected at destination. Payment shall be in full and in cash, in thecurrency named in this Bill of Lading or another currency at Carrier’s option. Interest at 12%
shall run from the date when freight and charges are due. If the services of a freight forwarder
are used for this transportation, those services shall be deemed to be performed as agent of
Merchant and payment of freight to the freight forwarder is not payment to Carrier. Full freight
shall be paid on damaged or unsound goods. In any referral for collection or action against theMerchant for monies due to Carrier, upon recovery by the Carrier, the Merchant shall pay theexpenses of collection and/or litigation, including reasonable attorneys’ fees.
16.3 Merchant shall be liable for all dues, duties, fines, taxes and charges, including consularfees, levied on the goods. Merchant shall be liable for return freight and charges on the goods ifthey are refused export or import by any government.
16.4 All persons encompassed within the definition of “Merchant” as provided in section 2 ofthis Bill of Lading shall be jointly and severally liable to Carrier for the payment of all freight andcharges, including advances.
16.5 All persons encompassed within the definition “Merchant” as provided in section 2 of thisBill of Lading shall jointly and severally indemnify the Carrier for all claims, fines, penalties,damages, costs and other amounts which may be incurred or imposed upon the Carrier byreason of any breach of the Merchant of any of the provisions of this Bill of Lading or of any
statutory or regulatory requirements.
(17) LIEN:
The Carrier shall have a general lien on any and all property (and documents relating thereto)of the Merchant, in its possession, custody or control or en route, for all claims for charges,
expenses or advances incurred by the Carrier in connection with any shipments of theMerchant and if such claim remains unsatisfied for thirty (30) days after demand for its
payment is made, the Carrier may sell at public auction or private sale, upon ten (10) days
written notice, registered mail (R.R.R) to the Merchant, the goods, wares and/or merchandiseor so much necessary to satisfy such lien, and apply the net proceeds of such sale to thepayment of the amount due the Carrier. Any surplus from such sale shall be transmitted to theMerchant, and the Merchant shall be liable for any deficiency in the sale.
(18) TIME BAR:
Carrier shall be discharged from all liability for loss of or damage to goods unless suit is brought
within 9 months after delivery of the goods or the date when the goods should have beendelivered. The time bar for overcharge claims shall be that set forth in Carrier’s applicable tariff5

or 36 months, whichever is shorter and of legal effect under the laws of the country having
jurisdiction over this contract.
(19) JURISDICTION:
Disputes arising under this Bill of Lading shall be determined by the United States District Court
for the Central District of California under the laws of the State of California.
(20) GENERAL AVERAGE:
20.1 General Average shall be adjusted at New York, or any other port at Carrier’s option,according to the York-Antwerp Rules of 1974. The General Average statement shall be preparedby adjusters appointed by Carrier.
20.2 In the event of accident, damage, danger or disaster after commencement of the voyage
resulting from any cause whatsoever, whether due to negligence or not, for the consequenceof which Carrier is not responsible by statue, contract or otherwise, Merchant shall contributewith Carrier in General Average to the payment of any sacrifice, loss or expense of a General
Average nature that may be made or incurred, and shall pay salvage or special charges incurredin respect of the goods. If a salving vessel is owned or operated by Carrier, salvage shall be paid
for as fully as if the salving vessel or vessels belonged to strangers.
(21) BOTH-TO-BLAME COLLISON CLAUSE:
If the ship comes into collision with another vessel as a result of negligence of the other vessel
and any negligence or fault on the part of Carrier or its servants or subcontractors, Merchantshall indemnify Carrier against all loss or liability to the other or non-carrying vessel or herowners, insofar as such loss or liability represents loss of, or damage to, or any claim
whatsoever of Merchant paid or payable by the other or non-carrying vessel or her owners toMerchant and set-off, recouped or recovered by the other or non-carrying vessel or her owners
as part of their claim against the carrying ship or her owner. This provision shall apply as wellwhere the owners, operators or those in charge of any ship or ships or objects other than, or inaddition to, the colliding ships or objects are at fault with respect to a collision or contact.
(22) CARRIERS’ TARIFFS:
22.1 The goods carried under this Bill of Lading are also subject to all the terms and conditionsof tariff(s) on file with the Federal Maritime Commission, the Interstate Commerce Commission
or any other regulatory agency which governs a particular portion of the carriage and the terms
are incorporated herein as part of the terms and conditions of this Bill of Lading.
22.2 Copies of Carriers’ tariffs may be obtained from Carrier or its agents upon request or fromthe government body with whom the tariff has been filed.

(23) SEVERABILITY:
The terms of this bill of Lading shall be severable, and, if any part or term hereof shall be held
invalid, such holding shall not affect the validity or enforceability of any other part or term
hereof.
(24) VARIATION OF THE CONTRACT:6

No servant or agent of the Carrier shall have power to waive or vary any of their terms hereof
unless such variation is in writing and is specifically authorized or ratified in writing by theCarrier.
EX2150-L 07/03

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