RECEIVED by the Ocean or Inland Carrier from the merchant
in apparent good order and condition unless otherwise
indicated, the Goods, or the container(s) or package(s)
said to contain the Goods, to be carried subject to all the
terms on the face and back of this Bill of Lading, from the
place of receipt or the port of loading to the port of
discharge or place of delivery, there to be delivered. If
required by the Ocean Carrier, this Bill of Lading duly
endorsed must be surrendered in exchange for the Goods or
delivery order. None of the terms of this Bill of Lading
can be waived by or for the Ocean Carrier except by
express waiver signed by a duly authorized agent of Ocean
Carrier.
1. (Definitions) When used in this Bill of Lading (A)
"Ocean Carrier" means American Independent Line, Inc.,
which performs the sea carriage of Goods, and the
vessel, her owner, and demise charterer, whether any of
the preceding parties is acting as carrier or bailee.
(B) "Inland Carrier" means carriers (other than the
Ocean Carrier) by land, water or air, participating
in combined transport of the Goods, whether acting as
carrier or bailee.
(C) "Combined Transport" means carriage of the Goods
under this Bill of Lading from place of receipt from
merchant to place of delivery to Merchant by the
Ocean Carrier plus one or more Inland Carriers.
(D) "Port-to-Port Transportation" means carriage of
the Goods under this Bill of Lading other than
combined transport.
(E) "Merchant" includes the shipper, consignor,
consignee, owner, and receiver of the Goods and the
holder of this Bill of Lading.
(F) "Goods" means the cargo described on the face of
this Bill of Lading and, if the cargo is packed into
container(s) supplied or furnished by or on behalf of
the Merchant, include the container(s) as well.
(G) "Vessel" includes the vessel named on the face of
this Bill of Lading and any ship, craft, lighter,
barge or other means of transport that is substituted
in whole or in part for that vessel.
(H) "Container" includes any containers (including an
open top container) flat rack, platform, trailer,
transportable tank, pallet or any other device used
for transportation of goods.
(I) "Laden on Board" or similar words endorsed on
this Bill of Lading means that the Goods have been
loaded on board the Vessel or are in the custody of
the Ocean Carrier, and in the event of Combined
Transport if the originating carrier is an Inland
Carrier. "On Board" means that the Goods have been
loaded on board rail cars or other means of Inland
carriage or are in the custody of a participating
railroad or other Inland Carrier.
(J) "Subcontractor" includes stevedores,
longshoremen, lighterers, terminal operators,
warehousemen, truckers, agents, servants, and any
person, firm, corporation or other legal entity which
performs services incidental to the carriage of the
Goods.
(K) "United States" or "U.S." means the United States
of America.
2. (Clause Paramount) (A) Insofar as this Bill of
Lading covers carriage of Goods by water, this Bill of
Lading shall have effect subject to the provisions of the
"Hague Rules", namely the International Conventions for
the Unification of Certain Rules Relating to Bills of
Lading, dated at Brussels, August 25, 1924, as amended
(including, where enacted, the Protocol dated at
Brussels, February 23, 1968, known as the Visby Rules),
as enacted in the country of shipment. When no such
enactment is in force in the country of shipment or is
otherwise compulsorily applicable, the Hague Rules as
enacted in the country of destination shall apply. When
no such enactment is in force in the country of
shipment or in the country of destination, or is
otherwise compulsorily applicable, the terms of the Hague
Rules as enacted by the Convention shall apply.
(B) If this Bill of Lading covers Goods moving to or
from ports of the United States in foreign trade, then
then carriage of such goods shall be subject to the
provisions of the United States Carriage of Goods by
Sea Act, 1936, 46 U.S.C. P1300-1315 as amended
(hereinafter "U.S. COGSA"), the terms of which shall
be incorporated herein. The provisions of U.S. COSGA
shall (except as otherwise specifically provided in
this Bill of Lading) govern throughout the time when
the Goods are in the custody of the Ocean Carrier and
and any other water carrier and as otherwise provided
in this Bill of Lading.
3. (Law and Jurisdiction) Whenever the Carriage of
Goods by Sea Act 1936 (COSGA) of the United States of
America applies, this contract is to be governed by
United States Law, and the United States Federal Court,
southern District of New York is to have exclusive
jurisdiction to all disputes hereunder. In all other
cases this Bill of Lading is subject to English
law and jurisdiction.
4. (Limitation of Liability Statutes) Nothing in this
Bill of Lading shall operate to limit or deprive the
Ocean Carrier of any statutory protection, exemption
from, or limitation of liability authorized by the
applicable laws, statutes, or regulations of any country.
5.(Sub-Contracting: Exemptions and Immunities of Sub-
contractors) (A) The Ocean Carrier shall be entitled to
subcontract on any terms the whole or part of the handling
storage, or carrier of the Goods and all duties whatsoever
undertaken by the Ocean Carrier in relation to the Goods.
(B) Merchant warrants that no claim shall be made against
any subcontractor (as defined in Article 1 (J), or
Subcontractor, of Ocean Carrier, except Inland Carriers
where otherwise appropriate, that imposes or attempts to
impose upon any of them or any vessel owned or operated by
any of them any liability in connection with the Goods,
and, if any such claims should nevertheless be made, to
indemnify the Ocean Carrier against all consequences of
such claims. (C) Without prejudice to the foregoing, it
is expressly agreed that every such Subcontractor (and
Subcontractor's Subcontractor) shall have the benefit of
all provisions in this Bill of Lading for the benefit of
the Ocean Carrier as if such provisions were expressly
for the Subcontractor's benefit. In entering into this
contract the Ocean Carrier, to the extent of those
provisions, does so not only on its own behalf of such
Subcontractors.
6. (Route to Transport) (A) The Goods may, at the Ocean
Carriers absolute discretion, be carried as a single
shipment or as several shipments by the Vessel and/or
any other means of transport by land, water, or air and
by any route whatsoever, whether or not such route is
the direct, advertised, or customary route. (B) The
Vessel shall have liberty to call and/or stay at any
port or place in or out of the direct, advertised, or
customary route, once or more often and in any order,
and/or to omit calling at any port of place whether
scheduled or not. (C) The Vessel shall have liberty,
either with or without the Goods on board and either
before or after proceeding toward the port of discharge
to adjust to compasses and other navigational
instruments, make trial trips or tests, dry dock, go
to repair yards, shift berths, take on fuel or stores,
embark or disembark any person, carry contraband,
explosives, munitions, war-like stores and hazardous
cargo, sail with or without pilots, tow or be towed,
and save or attempt to save life or property. (D) If
the Goods in whole or in part are for any reason not
carried on the Vessel named in this Bill of Lading, or
if loading the Goods is delayed or is likely to detain
the Vessel, the Vessel may proceed without carrying
or loading the Goods in whole or in part, and notice
to merchant of such sailing is hereby waived. Ocean
Carrier may forward the Goods under the terms of this
Bill of Lading on the next available ship or at Ocean
Carrier's option by any other means of transportation,
whether by land, water or air. (E) At Ocean Carrier's
option and without notice to Merchant, another ship
or ships may be substituted for the Vessel named in this
Bill of Lading, whether or not the substitute ship is
owned or operated by Ocean Carrier or arrives or
departs, or is scheduled to arrive or depart, before or
after the Vessel named by this Bill of Lading. (F) Any
action taken by the Ocean Carrier under this Article 6
shall be deemed to be included within the contractual
carriage and such action, or delay resulting therefrom,
shall not be considered a deviation. Should the Ocean
Carrier be held liable in respect of such action, the
Ocean Carrier shall be entitled to the full benefit
of all privileges, rights, and immunities contained
in this Bill of Lading.
7. (Responsibility) (A) Insofar as this Bill of Lading is
used for Port-to-Port Transportation of the Goods,
the Ocean Carrier shall not be responsible for loss of
or damage to the Goods caused before loading or after
discharge "Loading" shall be deemed to commence with
the hooking on the vessel's tackle, or if not using the
vessel's tackle, with the receipt of the Goods on deck
or in the hold of (if the Goods are in bulk liquid) in
the vessel's permanent pipe connections. "Discharge"
shall be deemed to be completed when the Goods have been
unhooked from the vessel's tackle or removed from the
vessel's deck or passed beyond the vessel's deck or
passed beyond the vessel's permanent pipe connections.
(B) Insofar as this Bill of Lading is used for combined
transport of the Goods, the responsibility of the Ocean
Carrier and each Inland Carrier with respect to the
Goods shall be limited to the period when the carrier
has custody of the Goods, and no carrier, either Ocean
or Inland, shall be responsible for any loss or damage
caused while the Goods are not in its custody. Any
claim for loss of or damage to the Goods, including
loss or damages resulting from delay, should be made
against the carrier having custody of the Goods when
the loss or damage or delay was caused. (C) If it is
established by the Merchant that the Ocean Carrier is
responsible for loss of or damage to or in connection
with the Goods, such responsibility, subject to the
provisions of this Bill of Lading, shall be to the
extent following but not further: (1) With respect
to loss or damage caused during the period from the
time when the Goods arrived at the sea terminal at the
port of loading to the time when they left the sea
terminal at the port of discharge, or caused during
any previous or subsequent period of carriage by sea
or waterways, to the extent prescribed by the applicable
Hague Rules as provided in Article 2. (2) Save as
indicated b (1) above, with respect to loss or damage
caused during the handling, storage of the Goods by
Ocean Carrier's Subcontractor, to the extent to which
such Subcontractor would have been liable to the
Merchant if he had made a direct and separate contract
with the Merchant in respect of such handling, storage
or carriage, provided, however, that if the Ocean
Carrier is not authorized under any applicable laws,
rules or regulations to undertake such handling,
storage, or carriage under its own responsibility, the
Ocean Carrier shall only be liable for procuring such
handling, storage or carriage.
7. If such handling, storage or carriage occurred
in or between points in Europe, or where
otherwise applicable, such responsibility shall be
governed (a) if by road by the Convention on the
Contract for the International Carriage of Goods by
Road, dated 19 May, 1956 (CMR); (b) if by rail, by
the International Convention Concerning the Carriage
of Goods by Rail dated 25 February, 1961 (CIM); (c) if
by air, by the Convention for the Unification of Certain
Rules Relating to International Carriage by Air, signed
Warsaw 12 October, 1929, as amended by the Hague
Protocol dated 28 September, 1955 (Warsaw Convention);
(d) If it is established by the Merchant that an Inland
Carrier is responsible for loss of or damage to or in
connection with the Goods, such responsibility shall
be to the extent, but not further, than the Inland
Carrier would have been liable to the Merchant if he
had made a direct and separate contract with the
Merchant in respect of handling, storage or carriage
of the Goods, as applicable. (e) Notwithstanding
foregoing Article 7 (A) or 7 (B), the Ocean Carrier
does not undertake that the Goods shall arrive at the
port of discharge or place of delivery at any particular
time or in time to meet any particular market or use,
and the Ocean Carrier shall not be responsible for any
direct or indirect loss or damage that is caused
through delay. (f) If this Bill of Lading is used for
Port-to-Port Transportation, the column indicating
final destination on the face of this Bill of Lading is
solely for the purpose of the Merchant's reference, and
the Ocean Carrier's responsibility for the Goods shall
in all cases cease at the time of discharge of the
Goods at the port of discharge.
8. (Liberties) (A) In any situation whatsoever whether or
not existing or anticipated before commencement of or
during the transport, which in the judgement of the
Ocean Carrier (including for the purpose of this
Article the Master and any person charged with the
transport or safekeeping of the Goods) has given or is
likely to give rise to danger, injury, loss, delay, or
disadvantage of whatsoever nature to the Vessel, the
Ocean Carrier, a vehicle, any person, the Goods or any
property, or has rendered or is likely to render it in
any way unsafe, impracticable, unlawful, or against
the interest of the Ocean Carrier or the Merchant to
commence or continue the transport or to discharge the
Goods at the port of discharge or to deliver the Goods
at the place of delivery by the route and in the manner
originally intended by the Ocean Carrier, the Ocean
Carrier (1) at the time shall be entitled to unpack the
container(s) or otherwise dispose of the Goods in such
way as the Ocean Carrier may deem advisable at the risk
and expense of the Merchant and/or (2) before the Goods
are loaded on the Vessel, a vehicle, or other means of
transport at the place of receipt or port of loading,
shall be entitled to cancel the contract of carriage
without compensation and to require the Merchant to take
delivery of the Goods and, upon his failure to do so,
to warehouse or place them at any place selected by
the Ocean Carrier at the risk and expense of the
Merchant and/or (3) if the Goods are at a place awaiting
transshipment, shall be entitled to terminate the
transport there and to store them at any place selected
by the Ocean Carrier at the risk and expense of the
Merchant, and/or (4) 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 port of discharge or to reach the place of delivery
or attempting or commencing to discharge, shall be
entitled to discharge the Goods or any part of them
at any port or place selected by the Ocean Carrier or
to carry them back to the port of loading or place of
receipt and there discharge them. Any actions under
(3) and (4) above shall constitute complete and final
delivery and full performance of this contract, and the
Ocean Carrier thereafter shall be free from any
responsibility for carriage of the Goods. (B) If, after
storage, discharge, or any actions according to
subpart (A) above the Ocean Carrier makes arrangements
to store and/or forward the Goods, it is agreed that he
shall do so only as agent for and at the sole risk and
expense of the Merchant without any liability whatsoever
in respect of such agency.
8. (B) The Merchant shall reimburse the Ocean
Carrier forthwith upon demand for all extra
freight charges and expenses incurred for any actions
taken according to subpart (A), including delay or
expense to the Vessel, and the Ocean Carrier shall
have a lien upon the Goods to that extent. (C) The
situations referred to in subpart (A) above shall
include, but shall not be limited to, those caused
by the existence or apprehension of war declared or
undeclared, hostilities, riots, civil commotions, or
other disturbances closure of, obstacle in, or danger
to any port or canal, blockade, prohibition, 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
Ocean Carrier or its Subcontractors, congestion of
port, wharf, sea terminal, or similar 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 carriage (D) The Ocean Carrier, in addition to all
other liberties provided for in this Article, shall
have liberty to comply with orders, directions,
regulations or suggestions as to navigation or the
carriage or handling of the Goods or the Vessel
howsoever given, by any actual or purported government
or public authority, or by any committee or person
having under the terms of any insurance on the
Vessel, the right to give such order, direction,
regulation, or suggestion. If by reason of and/or
in compliance with any such order, direction,
regulation, or suggestions, anything is done or is not
done the same shall be deemed to be included within the
contractual carriage and shall not be a deviation.
9. (Description and Particulars of Goods) Any reference on
the face of this Bill of Lading to marks, numbers,
description, quantity, quality, gauge, weight, measure,
nature, kind, value, and any other particulars of the
Goods, is as furnished by the Merchant. The Ocean
Carrier shall not be responsible for the accuracy of
any such reference and is not bound thereby. The
Merchant warrants to the Ocean Carrier that the
descriptions and particulars furnished by him are
correct, and the Merchant shall indemnify the Ocean
Carrier against all loss, damage, expenses, liability,
penalties and fines arising or resulting from
inaccuracy of any description or particular.
10. (Use of Container) When the Goods are not already
packed into a container at the time of receipt by
the Ocean Carrier, the Ocean Carrier shall be at
liberty to pack and carry the Goods in any type of
container.
11. (Ocean Carrier's Container) (A) The Merchant assumes
full responsibility for and shall indemnify the
Ocean Carrier against any loss of or damage to the
Ocean Carrier's containers and other equipment if
the loss or damage is caused or occurs while in the
possession or control of the Merchant, his agents,
or common carriers engaged by or on behalf of the
Merchant (B) The Ocean Carrier shall in no event be
liable for, and the Merchant shall indemnify and hold
the Ocean Carrier harmless from, any death of or
injuries to persons, or loss of or damage to property,
caused by the Ocean Carrier's container or its
contents while in the possession or control of the
Merchant, his agents, or common carriers engaged by
or on behalf of the Merchant.
12. (Container Packed by Merchant) If the cargo received
by the Ocean or Inland Carrier is in a container
packed by or on behalf of the Merchant. (A) This
Bill of Lading is prima facie evidence of the receipt
only of the number on the face of this Bill of Lading.
The condition and particulars of the contents are
unknown to the Ocean and Inland Carriers, and the
Ocean Carrier accepts no responsibility for the
accuracy of the description of condition or
particulars. (B) The Merchant warrants (1) that the
stowage of the contents of the containers and the
closing and sealing of the containers are safe and
proper, and (2) that the containers and their contents
are suitable for handling and carriage in accordance
with the terms of this Bill of Lading, including
Article 15. In the event of the Merchant's breach of
any of these warranties, the Merchant and not the
Ocean Carrier shall be responsible for, and the
Merchant shall indemnify and hold Ocean Carrier
harmless from, any resulting loss or damage to persons
or property (including the Goods) (C) The Merchant
shall inspect the container when it is furnished by or
on behalf of the Ocean Carrier, and the container
shall be deemed to have been accepted by the Merchant
as being in sound and suitable condition for the
purpose of the transport contracted for in this Bill
of Lading, unless the Merchant gives notice to the
contrary, in writing, to the Ocean Carrier before
the transport. (D) If the container is delivered
after transport by the Ocean or Inland Carrier with
seals intact, such delivery shall be deemed to be full
and complete performance of the Ocean Carrier's
obligations under this Bill of Lading, and the Ocean
Carrier shall not be liable for any los of or damage
to the contents of the container. (E) The Ocean
and Inland Carrier shall have the right to open the
container and to inspect its contents without notice
to the Merchant, at such time and place as the Ocean
or Inland Carrier may deem necessary, and all expenses
incurred therefrom shall be borne by the Merchant.
(F) If any seal of the container is broken by customs
or other authorities for inspection of its contents,
the Ocean Carrier shall not be liable for any
resulting loss, damage or expenses.
13. (Special Carriage or Container) (A) The Ocean Carrier
does not undertake to carry the Goods in refrigerated,
heated, insulated, ventilated, or any other special
hold or container, nor to carry any special container
packed by or on behalf of the Merchant, but the Ocean
Carrier will treat such Goods or container only as
ordinary goods or dry container, respectively, unless:
(1) special arrangements for the carriage of such
Goods or container have been agreed to in writing
between the Ocean Carrier and the Merchant; (2) such
special arrangements are noted on the face of this
Bill of Lading; and (3) special freights as required
has been paid. The Ocean Carrier shall not be
responsible for the function of a special container
supplied by or on behalf of the Merchant. (B) The
Ocean Carrier shall not be liable for any loss of or
damage to Goods in a special hold or container arising
from latent defects, breakdown, or stoppage of the
refrigeration or heating machinery, insulation, ship's
plant, or other such apparatus of the Vessel or
container, provided that the Ocean Carrier shall before
or at the beginning of the transport exercise due
diligence to maintain the special hold or container
in an efficient state. (c) If the Goods have been
packed into a refrigerated container by the Ocean or
Inland Carrier, and the particular temperature range
requested by the Merchants is inserted in this Bill
of Lading, the Ocean Carrier will set the thermostatic
controls within the requested temperature range but
does not guarantee the maintenance of such temperature
inside the container. (D) If the cargo received by the
Ocean or Inland Carrier is in a refrigerated container
packed by or on behalf of the Merchant, it is the
obligation of the Merchant to stow the contents
properly and set the thermostatic controls exactly.
The Ocean Carrier shall not be liable for any loss of
or damage to the Goods arising out of or resulting
from the Merchant's failure in such obligation and
Ocean Carrier does not guarantee the maintenance of the
intended temperature inside the container.
14. (Dangerous Goods, Contraband) (A) The Ocean Carrier
undertakes to carry Goods of an explosive, inflammable,
radioactive, corrosive, damaging, poisonous, or
dangerous nature only upon the Ocean Carrier's approval
of a written application by the Merchant prior to the
carriage of such Goods. Such application must
accurately state the name, nature and classification
of the Goods, as well as how they are dangerous and the
method of rendering them innocuous, together with the
full names and addresses of the shipper and the
consignee. (B) The Merchant shall undertake that the
nature and danger of such Goods is distinctly hand
permanently marked on the outside of the package or
container containing the Goods. (C) Merchant shall
submit all documents or certificates required in
connection with such Goods by any applicable statue or
regulation or by the Ocean Carrier (D) Whenever the
Goods are discovered to have been received by the Ocean
or Inland Carrier without complying with subparts (A),
(B) or (C) above, or the Goods are found to be
contraband or prohibited by any law or regulation
of any place during the transport, the Ocean Carrier
shall be entitled to have such Goods rendered
innocuous, thrown overboard, discharged, or otherwise
disposed of at the Ocean Carrier's discretion without
compensation, and the Merchant shall be liable for and
indemnify the Ocean Carrier against any loss, damage
or liability, including loss of freight, and any other
expenses directly or indirectly arising out of custody
or carriage of such Goods. (E) The Ocean Carrier
may exercise the right conferred upon it under the
preceding subpart whenever it is apprehended that
Goods received in compliance with subparts (A), (B)
and (C) above has become dangerous, even if not
dangerous when received by the Ocean or Inland Carrier.
(F) The Ocean Carrier has the right to inspect the
contents of any package or container at any time and
place without the prior notice to Merchant and at the
risk and expense of the Merchant.
15. (Stowage Under and on Deck) (A) Goods in containers,
vans, trailers, or chassis may be carried under deck
or on deck, and when such Goods are carried on deck
the Ocean Carrier shall not be required to specially
note mark, or stamp any statement of "on deck stowage"
on the face of this Bill of Lading, any custom to the
contrary notwithstanding. Such on deck carriage
shall not be considered a deviation. (B) Goods stowed
in poop, forecastle, deck house, shelter deck,
passenger space, or any other covered-in-space, or
stowed in a container wherever placed, shall be deemed
to be stowed under deck for all purposes including
general average. (C) Lumber, earth moving equipment
and all other Goods customarily or reasonably carried
on deck may, at Ocean Carrier's option, be carried
on deck without further notice to Merchant and
without liability to the Ocean Carrier for the risks
inherent in or incident to such carriage. Such on
deck carriage shall not be considered a deviation.
(D) In respect of Goods not in containers and carried
on deck, and stated on this Bill of Lading to be so
carried, all risks of loss or damage from perils
inherent in or incident to the custody or carriage
of such Goods shall be borne by the Merchant and in
all other respects the Ocean Carrier shall have the
benefit of the provisions of the applicable, version
of the Hague Rules (including U.S. COGSA,
notwithstanding Section 1301 (c) thereof), and the
terms of this Bill of Lading.
16. (Live Animals and Plants) With respect to the custody
and carriage of live animals and plants, all risks
of loss or damage by perils inherent in or incident
to such carriage shall be borne by the Merchant, and
in all other respects the Ocean Carrier shall have the
benefit of the provisions of the applicable version
of the Hague Rules (including U.S. COGSA,
notwithstanding Section 1301(c) thereof), and the terms
of this Bill of Lading.
17. (Valuable Goods) The Ocean Carrier shall not be liable
to any extent for any loss of or damage to or in
connection with precious metals, stones, or chemicals,
jewelry, currency, negotiable instruments, securities,
writings, documents, works of art, curios, heirlooms,
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 of the
Goods by the Ocean or Inland Carrier, the same is
inserted on the face of this Bill of Lading and
additional freight has been paid as required.
18. (Heavy Lift) (A) The weight of a single piece or
package exceeding 2,240 lbs. gross must be declared
by the Merchant in writing before receipt by the Ocean
or Inland Carrier and must be marked clearly and
durably on the outside of the piece or package in
letters and figures not less than two inches high.
(B) If the Merchant fails in his obligations under the
preceding subpart (1) the Ocean Carrier shall not be
responsible for any loss of or damage to in connection
with the Goods. (2) The Merchant shall be liable
for resulting loss of or damage to any person or
property, and (3) Merchant shall indemnify the Ocean
Carrier against any resulting loss, damage, or
liability suffered by the Ocean Carrier.
19. (Delivery by Marks) (A) The Ocean Carrier shall not be
liable for failure or delaying delivery in accordance
with marks, unless such marks have been clearly and
durably stamped or marked upon the Goods, package, or
container by the Merchant before they are received
by the Ocean or Inland Carrier, in letters and numbers
not less than two inches high, together with the
names of the port of discharge and place of delivery.
(B) In no circumstances shall the Ocean Carrier be
responsible for delivery in accordance with other than
leading marks. (C) The Merchant warrants that the
marks on the Goods, packages and containers 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.
The Merchant shall indemnify the Ocean Carrier against
all loss, damage or expenses resulting from inaccuracy
or incompleteness of the marks. (D) Goods that cannot be identified as to marks or numbers,
cargo sweeping liquid residue and any unclaimed goods
not otherwise accounted for may 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.
20. (Delivery) (A) The Ocean Carrier shall have the right
to deliver the Goods at any time at the Vessels side,
customhouse, warehouse, wharf, or any other place
designated by the Ocean Carrier, within the
geographic limits of the port of discharge or place
of delivery shown of the face of this Bill of Lading
(B) The Ocean Carrier's responsibility shall cease
when the Goods have been delivered to the Merchant
Inland Carrier connecting carrier or any other person
entitled to receive the Goods on Merchant's behalf
at the place designated by the Ocean Carrier Delivery
of the Goods to the custody of customs or any other
public authority shall constitute final discharge of
the Ocean Carrier's responsibility. (C) In case the
cargo received by the Ocean Carrier is containers
packed by or on behalf of the Merchant (1) The Ocean
Carrier shall only be responsible for delivery of the
total number of containers received (2) The Ocean
Carrier shall not be required to unpack the containers
and deliver their contents in accordance with brands,
marks, numbers sizes to types of items or pieces (3)
At the Ocean Carrier is discretion and upon the
Merchant's request in writing to the Ocean Carrier at
least 3 days prior to the scheduled date of arrival
of the Vessel at the port of discharge containers may
be unpacked and their contents delivered by the Ocean
Carrier in accordance with the written request. In
such a case if the seal of the containers is intact at
the time of unpacking all the Ocean Carrier's
obligations under this Bill of Lading shall be deemed
to have been discharged the Ocean Carrier shall not
be responsible for any loss or damage resulting from
such delivery and the Merchants shall be liable for an
appropriate adjustment of the freight and any
additional charges incurred. (D) If the Goods have been packed
into a container by the Ocean Carrier shall unpack
the container and deliver its contents and the Ocean
Carrier shall not be required to deliver the Goods
in the container. At the Ocean Carrier's discretion,
and subject to prior arrangement between the Merchant
and the Ocean Carrier the Goods may be delivered to
Merchant in the container, in which case if the
container is delivered with seals intact all the
Ocean Carrier's obligations under this Bill of Lading
shall be deemed to have been discharged, and the Ocean
Carrier shall not be responsible for any loss or damage
to the contents of the container. (E) Optional
delivery shall be granted only when arranged prior
to the time of receipt of the Goods by Ocean Carrier
and if expressly stated on the face of this Bill of
Lading. The Merchant desiring to avail himself of
the option so expressed must give notice in writing
to the Ocean Carrier at the first port of call named
in the option at least 48 hours prior to the Vessel's
arrival there, otherwise the Goods shall be landed at
any of the optional ports at Ocean Carrier's option,
and the Ocean Carrier's responsibility shall then
cease. (F) Ocean Carrier is not responsible to give
notification, in writing or otherwise, either to
Merchant or others, of the arrival, discharge, or
disposition of Goods, any custom or agreement to the
contrary notwithstanding, and notwithstanding any
notation on the face of this Bill of Lading, concerning
notification or a notify party.
21. (Transshipment and Forwarding) (A) Whether arranged
beforehand or not, the Ocean Carrier shall be at
liberty without notice to carry the Goods wholly or
partly by the named or any other Vessel, craft barge,
or other means of transport by water, land or air,
whether or not owned or operated by the Ocean Carrier.
(B) The Ocean Carrier may under any circumstances
whatsoever discharge the Goods or any part of them
at any port or place for transshipment and store them
afloat or ashore and then forward them by any means
of transport. (C) If the Goods cannot be found at the
port of discharge or place of delivery, or if they be
miscarried, they, when found, may be forwarded to their
intended port of discharge or place of delivery at the
Ocean Carrier's expense, but the Ocean Carrier shall
not be liable for any loss, damage, delay, or
depreciation arising from such forwarding. (D) In case
of Port-to-Port Transportation, transshipment of cargo,
or receipt of cargo from ports or inland points not
including within the ship's itinerary or the Ocean
Carrier's service, is to be at the sole risk and
expense of the Merchant, and neither the Ocean Carrier
not its Vessel shall be deemed to be the agent or
principal of a prior or subsequent carrier
notwithstanding the issuance by the Ocean Carrier of a
Bill of Lading, receipt, or other shipping document
at a time or place prior to that at which the Goods
are received by the Ocean Carrier.
22. (Fire) The Ocean Carrier shall not be responsible for
any loss of or damage to the Goods arising from fire
occurring at any time, even though before loading
on or after discharge from the Vessel, unless caused
by the actual fault or privity of the Ocean Carrier.
23. (Lien) (A) The Ocean 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 (including costs, customs
fees, attorney fees, and other fees for recovering
the sums) chargeable to the Merchant under this Bill
of Lading and any preliminary contract for custody
or carriage of the Goods. Ocean Carrier may foreclose
the lien by selling the Goods without notice to the
Merchant privately or by public auction. If on sale
of the Goods the proceeds fail to cover the amount due
and the costs and fees incurred, the Ocean Carrier
shall be entitled to recover the deficit from the
Merchant.
23. (B) If the Goods are unclaimed during
a reasonable time, or whenever in the Ocean Carrier's
opinion the Goods will become deteriorated, decayed
or worthless, the Ocean Carrier (without responsibility
to it) may at its discretion and subject to its lien,
sell, abandon, or otherwise dispose of such Goods at
the sole risk and expense of the Merchant.
24. (Freight and Charges) (A) 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 Ocean Carrier the accuracy of the contents,
weight, measure, or value as furnished by him at the
time of receipt of the Goods by the Ocean or Inland
Carrier, but the Ocean Carrier for the purpose of
ascertaining the actual particulars may at any time
and at the risk and expense of the Merchant open the
container or package and examine contents, weight,
