ORIGINAL BILL OF LADING

SHIPPER (PRINCIPAL OR SELLER - LICENSEE AND ADDRESS) CONSOLIDATION NO B/L NUMBER

MAQUINAS AGRICOLAS JACTO S.A. 311SSZ47398
RUA DR. LUIS MIRANDA 1650 CEP 17580-000 POMPEIA-SP. EXPORT REFERENCES
CNPJ: 55.064.562/0001-90 JSE0209E23 OC 2024-0021
BRAZIL

CONSIGNED TO
VID AGRO S.A.C. DC LOGISTICS BRASIL LTDA
AV. INGENIEROS NORTE NRO. 251 URB. LA MERCED ATE, RUA CAMBORIU 590 ITAJAI SC BRAZIL ZIP CODE 88301451
LIMA - PERU BRAZIL - ITAJAI
TELF.: 348 4726 - A225 CTC: YULIANA DIAZ
RUC :20502630378 ACCEPTANCE POINT AND COUNTRY OF ORIGIN

NOTIFY PARTY / INTERMEDIATE CONSIGNEE (NAME AND ADDRESS) DESTINATION DELIVERY AGENT (NAME AND ADDRESS)

SAME AS CONSIGNEE HLCUSS5240640889

SYL CARGO S.A.
JR. CMDTE. JIMENEZ 166 MAGDALENA DEL MAR - PERU

PLACE OF RECEIPT BY PRE-CARRIER SHIPPER'S DECLARED VALUE

SANTOS - BRAZIL
VESSEL VOYAGE PORT OF LOADING CONTAINER NUMBERS

AMSTERDAM EXPRESS V.427W SANTOS - BRAZIL

PORT OF DISCHARGE FOR TRANSSHIPMENT TO

CALLAO - PERU CALLAO - PERU

MARKS AND NUMBERS NUMBER OF PACKAGES DESCRIPTION OF PACKAGES AND GOODS GROSS WEIGHT MEASUREMENT

JACTO/BRASIL 3,000 SAID TO CONTAIN 17400.00 144.000

JSE0209E23 CARTON 02X40HC CONTAINER CONTAINING: KGS. CBM
1 TO 4500 3000 CARDBOARD BOX WITH:
AGRICULTURAL SPRAYERS JACTO BRAND
BEAU4168258 / 40' HQ 3000 UN – 285908 JACTO PICON PJH - AGRICULTURAL SPRAYER
SEAL: HLG7233114 MANUAL BACKPACK 20LTS CAPACITY, SPEAR LP-601, JACTO
1500 CARTON BRAND
8,700.00 KG /72.000 CBM NÚMEROS SERIALES:
574075 TO 575574 / 575575 TO 577074
HLBU2919742 / 40' HQ FREIGHT COLLECT. CLEAN ON BOARD. SHIPPED ON BOARD.
SEAL: HLG7233113 WOODEN PACKING: NOT APPLICABLE
1500 CARTON INVOICE: JSE0209E23
8,700.00 KG /72.000 CBM DU-E 24BR001060609-0
RUC 4BR5506456220000000000000JSE0209E23

THC ( ZONA PRIMARIA) USD 320.00

USD
TRANSMISION EN DESTINO 106.20 Incl. IGV
EMISION BL USD 94.40 Incl. IGV 25 07 2024
HANDLING LOCAL USD 194.70 Incl. IGV

Pag. 1
The receipt, custody, carriage and delivery of the goods are subject to the terms appearing on
FREIGHT RATES, CHARGES, COLLECT
PREPAID the face and back hereof and to carrier's applicable tariff. If required by the carrier, this Bill of
WEIGTH AND / OR MEASUREMENTS USD
Lading duly endorsed shall be surrendered in exchange for the goods or Delivery Order.
(Terms of this bill of lading continued on reserve side hereof)
OCEAN FREIGHT 40 HC 3960.00
IN WITNESS WHEREOF the Carrier by its agent has signed 3
Bills of Lading, all of this tenor and date, one of which being accomplished,
the others to stand void.

DATED AT SANTOS, BRAZIL

16/07/2024

This is SHIPPED on BOARD

Bill of Lading When
Validated

16/07/2024

B / L NO. 311SSZ47398
BY DC LOGISTICS BRASIL LTDA
TOTAL 3960.00 ORIGINAL

ORIGINAL
 TERMS AND CONDITIONS
1. CLAUSE PARAMOUNT: 11.4. Merchant shall indemnity and hold Carrier harmless from all direct and consequential damages of any nature whatsoever, including but not limiting to
All carriage under this Bill of Lading shall be subject to the Hague Rules (as contained in the international Convention for the unification of certain Rules Relating to environmental damages and cost attributable to or arising out of the transport of hazardous or otherwise restricted articles. Such liability by Merchant shall
Bills of Lading, August 1924), the Hague-Visby rules (as contained in the Protocol of Brussels, February 1968) or the Hamburg Rules (as contained in the United includes all costs, direct and indirect, cleanup or rehabilitation expenses, attorney fees, any fines or Penalties imposed by governmental action, or otherwise.
Nations Convention on Carriage of Goods by Sea, March 1978, where compulsory or if there be no such applicable law, in accordance with the Hague-Visby Rules.
All Carriage under this Bill of Lading to or from the United States shall be subject to COGSA (Carriage of Good by Sea Act of Canada). The applicable law shall 12. DECK CARGO AND CONTAINERIZATION
govern before the goods are loaded on and after they are discharged from the vessel whether the goods are carried on deck or under deck and throughout the 12.1. Merchant and Carrier agree that Carrier has the right to carry the goods in any container under deck or on deck without notice to the merchant and such
entire time the goods are in the custody of the Carrier. stowage and transportation shall not be a deviation of whatsoever nature or degree.
12.2. Carrier is not required to note “on deck stowage” on the face of this Bill of Lading. Merchant and carrier herewith agree that Carrier is entitled to carry the
2. DEFINITIONS: goods on deck, if it is common practice in such trade or when goods are carried in containers. Any goods so carried shall constitute under deck stowage for all
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 purposes including the General Average, COGSA, COGWA, Hague, Hague-Visby Rules and Hamburg Rules.
contract. 12.1. Except as otherwise provide by any law applicable o this contract, if this Bill of Lading states that the cargo is stowed on deck then Carrier shall not be liable
2.2. “Carrier” means doing business on whose behalf this Bill of Lading has been signed. 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.
2.3. “Merchant” includes the shipper, the Receiver, the Consignor, the Consignee, the Holder of this 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 person. 13. HEAVY LIFT AND OVERWEIGHT CONTAINERS:
2.4. “Port to Port Shipment” arises where the Place of Receipt/Acceptance and where the place of delivery are not indicated in the front of this Bill of lading or if both the 13.1. Single packages with a weight exceeding 2.240 pounds gross not presented to Carrier in closed containers must be declared in writing by Merchant before
place of Receipt and place of Delivery indicated are Ports and the Bill of Lading does not provide a specification of the place of receipt or place of delivery in the receipt of the packages by carrier. The weight of such packages must be clearly and durably marked on the outside of the packages in letters and figures not
areas of the nominated ports on the front hereof. less than two inches high.
2.5. “Combined Transport” means any transport that is not only a port to port transport. 13.2. If Merchant falls to comply with the above provisions. Carrier shall not be liable for any loss of or damage to the goods, persons or property resulting from such
2.6. “Package” is the largest individual unit of partially or completely coverer or contained cargo made up buy or for the Merchant which is delivered and entrusted to failure and Merchant shall indemnify Carrier against any loss or liability suffered or incurred by carrier as a result of such failure.
Carrier, including palletized unit and each container stuffed and sealed by the Merchant or on its behalf, although the Merchant may have furnished a description of 13.3. Merchant agrees to comply with all laws or regulations that may be applicable during the carriage concerning overweight containers and Merchant shall
the contents of such sealed container on this bill of lading. indemnify Carrier against any loss or liability suffered or incurred by Carrier as a result of Merchant’s failure to comply with this provision.
2.7. “Container” includes any container, trailer, transportable tank, lift van, flat, pallet, or any similar article of transport used to transport goods.
2.8. “Goods” means the cargo accepted from the Merchant and includes any container not supplied by or behalf of the Carrier.
14. DELIVERY
14.1. Carrier shall have the right to deliver the goods or part thereof at any port or place(whether or not any such port is named as the port of loading or port of
3. SUBCONTRATING:
discharge) designated by Carrier and store the goods at any such port or place at the sole risk and expense of the Merchant. Any mention in this Bill of Lading
3.1. Carrie shall be entitled to subcontract directly or indirectly on any terms the whole or any part of the handing, storage, or carriage of the goods and all duties
of parties to be notified of the arrival of the goods is solely for information of the carrier, and failure to give such notification shall not involve the carrier in any
undertaken by Carrier in relation to the goods.
liability nor relieve the Merchant of any obligation hereunder.
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.
14.2. Carrier’s responsibility shall cease when delivery has been made to Merchant, any person authorized by Merchant to receive the goods, or in any manner or to
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
any other person in accordance with the customs and usage of the port of discharge.
evidenced in this bill of lading.
14.3. If good 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, the goods may be considered to have been delivered to Merchant, and, at Carrier’s option, may be stored in the open or under cover
4. ROUTE OF TRANSPORT: at Merchant’s expense.
4.1. Carrier is entitled to perform the transport in any reasonable manner and by any route including Transhipments and may use any means of storage whatsoever. 14.4. If the Goods are unclaimed during a reasonable time, or whenever in the Carrier’s opinion the Goods will become deteriorated, decayed or worthless, the
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, take in fuel or stores, Carrier may, at its discretion and subject to its lien and without any responsibility attaching to it, sell, abandon or otherwise dispose of the Goods at the sole risk
embark or disembark any person, carry contraband and hazardous goods, sail with or without pilots and save or attempt to save life or property. Delays resulting and expense of the Merchant.
from such activities shall not be deemed a deviation. 14.5. The carrier may receive goods in less than full container load amounts and may in its absolute discretion, repack, transport and deliver the goods as Full
Container Load. In such instance, the Carrier shall not be liable to Merchant for any damages or costs attributable to such actions or any revenues or
5. HINDRANCES AFFECTING PERFORMANCE: contributions received.
5.1. Carrier shall use reasonable endeavors to complete transport and to deliver the goods at the goods at the place designated for delivery.
5.2. If at any time the performance of this contract in the opinion of Carrier is or will be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind 15. NOTICE OF CLAIM TIME BAR
including strike, lockout or other labor unrest, governmental action, war, riots, or social disturbance, ice or quarantine, Carrier has no duty to complete the contract 15.1. Written notice of claims for loss of or damage to goods occurring or presumed to have occurred white in the custody of Carrier must be given to Carrier at the
Under such circumstances Carrier, whether or not the transport is commenced, may without notice to the Merchant elect to: port of discharge before or 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
(a) Treat the performance of tis contract as terminated and place the goods at Merchant’s disposal at any place Carrier shall deem safe and convenient, or of delivery by Carrier. If such loss or damage is not apparent, Carrier must be given written notice within three (3) days of the delivery.
(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 15.2. In any event the Carrier shall be discharged from any liability unless suit is brought before the Court of Hamburg within 9 months after delivery of the goods or
for extra costs resulting from the circumstances referred to above. the date when the goods should have been delivered, unless such time bar shall be found contrary to any international Conventional or law compulsory
applicable. In that event, the time period of such international Convention or law shall be applicable. The time bar for overcharge claims shall be that set forth in
Carrier’s applicable tariff or thirty-six (36) months, whichever is shorter and of legal effect under the laws of the country having jurisdiction over this contract.
6. CARRIER´S 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 custody and the time of deliver. 16. FREIGHT AND CHARGES:
The liability of the carrier shall be governed by the following Liability System: 16.1. Freight may be calculated on the basis of the particulars of the goods furnished by Merchant. Carrier and Merchant agree that it may be difficult or impossible
6.2. The place where loss of or damage to goods occurred is known: to assess damages if the goods are incorrectly declared. Therefore, in case of incorrect declaration of the goods, Merchant shall pay a sum equal to three
6.2.1. General Clause (except USA) times the difference between the correct freight and the freight charged as liquidated damages, notwithstanding any other sum having been stated herein as
a) Sea Carriage: If it is stablished that the loss of or damage to the goods occurred during sea carriage, liability shall be governed by the Legal rules applicable as freight payable. Quotation as to fees , rates of duty, freight charges, insurance premiums or other charges given by Carrier to Merchant are for informational
provided in Section 1 of Bill of Lading. 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
b) Land/Air Transport: If it is established that the loss of damage to the goods occurred during sea carriage, liability shall be governed follows: undertakes the handling of transportation f the shipment at a specific rate.
Land Transport: by the CMR-Convention (trucking or CIM-Convention (railways), or by any national transport law mandatorily applicable, or if no such law is 16.2. Freight and charges shall be deemed fully earned on receipt of goods by Carrier shall be paid and non-returnable in any event, whether he freight be intended
applicable, maximum liability shall be as provided in Section 7.1.b). to be prepaid or collected at destination. Payment shall be in full and cash, in the currency named is this Bill of Lading, or another currency at Carrier’s options.
Air Transport: by the convention for unification of certain Rules relating to international Transportation (Warsaw Convention), or by any national transport law Interest as 12% shall run from the date when freight and charges are due.
mandatorily applicable, or if no such law is applicable, or if no such is applicable, maximum, liability shall be as provide in section 7.1.b). 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
6.2.2 USA clause: freight to the freight forwarder is not payment to carrier. Full freight shall be paid on damage or unsound goods. In any referral for collection or action against
a) Sea Carriage: by the provisions and limits of the COGSA as provided in Section 1 of this Bill of Lading. the Merchant for monies due to Carrier, upon recovery by Carrier, the Merchant shall pay the expenses of collection and litigation, including reasonable
b) Land/Air Transport: If it is established that the loss of or damage to the goods occurred during land or domestic air carriage in the USA, liability shall be limited as attorneys fees.
per the provision of this Bill of Lading, Section 7.2. 16.3. Merchant shall be liable for all dues, fines, taxes and charges, including consular fees levied on the goods and Merchant shall be liable for return freight and
6.3 The place where loss of or damage to the goods occurred is not know: charges on the goods if they are refused export or import by any government.
If cannot be determined where loss of or damage to the goods occurred, liability shall be governed as provided in Section 7.1.b). 16.4. All persons encompassed within the definition of “Merchant” as provided in section 2 of this Bill of Lading shall be jointly and severally liable to Carrier for the
6.4 Carrier does not undertake that goods shall be delivered at any particular time and shall not be liable for any direct or indirect losses or not consequential damages payment of all freight and charges, including advances.
caused by any delay. If the carrier should nonetheless be held legally liable for any such direct or indirect losses or consequential damages, such liability shall in no 16.5. All persons encompassed within the definition of “Merchant” as provided in Section 2 of this Bill of Lading shall jointly and severally indemnify the Carrier for all
event exceed the freight paid for the transport covered by this Bill of Lading. claims fines, penalties, damages, costs and other amounts which may be incurred or imposed upon the Carrier by reason of breach of the Merchant of any of
6.5 Carrier shall not be liable for any loss or damage arising from: the provisions of this Bill of lading or any statutory or regulatory requirements.
a) An act or omission of Merchant or person acting on behalf of Merchant from whom Carrier took the goods in charge;
b) Compliance with the instructions of any person authorized to give them; 17. LIEN
c) Handing, loading, stowage or unloading of the goods by or on behalf of Merchant; 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
d) Inherent vice of goods; for all claims or charges, expenses or advances incurred by the Carrier in connection with any shipments of the Merchant all charges applicable to past
e) Lack or insufficiency of or defective condition of packing in the case of goods, which by their nature, are liable to wastage or damage when not packet or when shipments and general average contributions and if such claim remains unsatisfied for 30 days after demand for its payment is made, the carrier may sell at
not property packed; public auction or private sale, upon 10 days written notice, registered mall to the Merchant, the goods, wares and/or merchandise or so much as may be
e) Insufficiency of marks or number on the goods, coverings or unit loads. necessary to satisfy such lien, and the costs including attorneys fees of covering the same and apply the net proceeds of such sale to the payment of the
f) Fire, unless caused by actual fault or privily of Carrier and; amount due the Carrier. Any surplus form such sale shall be transmitted to the Merchant, and the Merchant shall be liable for any deficiency in the sale.
g) Any cause or event which Carrier could not avoid and the consequences of which he could not prevent by the exercise of due diligence.
6.6 When any claims are paid to Merchant by carrier shall automatically be subrogated to all rights of Merchant against all others, including inland Carriers, on account 18. LAW AND JURISDICTION
of the losses of damages for which such claims are paid. Any dispute arising under or in connection with Bill of Lading shall be exclusively decided by the Court of Hamburg according to the Law of the Federal
Republic of Germany. Carrier reserves the right to bring suit against Merchant at Merchant’s domicile.
7. COMPENSATION FOR LOSS OR DAMAGE
7.1. General Clause: (all shipments worldwide, except USA) 19. GENERAL AVERAGE:
Unless the Merchant, with the consent of the carrier, has declared a higher value for the goods in the space provided on the front of this Bill of Lading and paid extra 19.1. General Average shall be adjusted in accordance with the provisions of the York Antwerp Rules of 1974 with the exception of Sections 21 and 22. The general
freight per carrier’s tariff, in which case such higher value shall be the limit, carrier’s liability shall be limited as follows: Average statements shall be prepared by adjusters appointed by Carrier.
a) If it can be determined where loss or damage occurred, the liability limits provide in the international Conventions or national legislation´s mentioned in Sections 19.2. In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to
1 and 6.2 b) shall apply. negligence or not, for which or for the consequence of which the Carrier is not responsible, by statute, contract or otherwise, the goods and the Merchant shall
b) If it cannot be determined where loss or damage took place, or if no legal or mandatory rules apply. Compensations shall not however, exceed 2 SDR (Special jointly and severally contribute with the carrier in general average and special to the payment of any sacrifices, losses or expenses of a general average
Drawing Rights) of the International Monetary Fund (IMF) per kilogram of gross weight, with a maximum of 1000 SDR per Bill of Lading. nature that may by made or incurred and shall pay salvage and special charges incurred in respect of the goods.
19.3. If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving ship belonged to strangers.
7.2. USA clause:
Unless otherwise mandated by compulsory applicable law, Carrier’s liability for compensation for loss of or damage to goods shall in no case exceed the amount of
U.S. $500 per package or per customary freight unit, unless the Merchant, with the consent of Carrier, has declared a higher value for the goods in the space 20. BOTH-TO-BLAME COLLISION CLAUSE:
provided on the front of Bill of Lading and paid extra freight per Carrier’s tariff, in which case such higher value shall be the limit of Carrier’s liability. Where a 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
container is stuffed by Shipper or on its behalf, and the container is sealed when received by Carrier for shipment, the Carrier’s liability will be limited to U.S. $500 or subcontractors, Merchant shall indemnify Carrier against all loss or liability to the other or non-carrying vessel or her owners insofar as such loss or liability
with respect to the contents of each such container, except when the shipper declares the value on the face hereof and pays additional charges on such declared 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 to Merchant and set-
value. The freight charged on sealed containers when no higher valuation is declared by the shipper is based on a value of U.S $500 per container in land and off, recouped or recovered by the other or non-carrying vessel or her owners and part of their claim against the carrying ship or her owner. This provision shall
domestic air transport, the Carrier’s liability shall be limited to maximum U.S. $ -50 per kilo, with a maximum of U.S. $500 per Bill of Loading However, Carrier shall apply as well where the owners, operators or those in charge of any ship or ships or objects other than, or in additions to, the colliding ships or objects are at
not, in any case, be liable for an amount greater than actual loss to the person entitled to make the claim. fault with respect to a collision or contract.
7.3. Any Compensation for hability shall be calculated according to the cost of the goods, at time and place accepted by carrier. Carrier shall have the option of replacing
lost goods or repairing damaged goods. 21. CARRIER`S TARIFFS:
21.1 Goods carried under this Bill of Lading are also subject to all terms and conditions of tariff(s), on file with the Federal Maritime Commission, the interstate
8. DISCRIPTION OF GOODS 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
Merchant warrants to Carrier that all particulars of goods, including without limitation, the marks, number quantity and weight, furnished by Merchant are correct and terms and conditions of this Bill of Lading.
Merchant shall indemnify Carrier against all losses arising from any inaccuracy. 21.2 Copies of Carrier´s tariffs may be obtained from Carrier or its agents upon request or from the governmental body with whom the tariff has been filed.

9. CARRIER´S CONTAINERS: 22. PERISHABLE CARGO

If goods are not received by Carrier already in container, Carrier may pack them in any type container with other goods. 22.1. Goods of a perishable nature shall be carried in ordinary containers without special protection, services or other measures unless there is noted on the reverse
Merchant indemnifies Carrier for any damage or injury to persons or property caused by Carrier’s container during handling by or when in possession or control of side of this Bill of Lading that the goods will be carried in a refrigerated, heated, electrically ventilated or otherwise specially equipped container or are to
Merchant. receive special attention in any way.
Merchant undertakes to return such container to Carrier within the time provided for in Carrier’s applicable tariff; otherwise, Merchant shall pay Carrier for the 22.2. The Merchant undertakes not to tender for transportation any goods which require refrigeration without giving written notice or their nature and the required
demurrage or detention charges applicable to the containers. temperature setting of the thermostatic controls before receipt of the goods by the Carrier, in case of refrigerated containers packed by or on behalf of the
Merchant, the Merchant undertakes that the goods have been property stowed in the container and that the thermostatic controls have been adequately set
before receipt of the goods by the carrier.
10. CONTAINER PACKED BY MERCHANT:
22.3. The Merchant’s attention is drawn to the fact that refrigerated containers are not designed to freeze down cargo which not been presented for stuffing at or
Carrier receives the goods already packed into containers.
below its designated carrying temperature and the Carrier shall not be responsible for the consequences of cargo presented at a higher temperature than that
1. This Bill of Lading is prima facie evidence of receipt of the particular number of containers set forth, and that number only. Carrier accepts no responsibility with
required for the transportation.
respect to the order and condition of the contents of the containers and Merchant shall indemnify the Carrier against any injury, loss damage, liability or expense
22.4. If the above requirements are not complied with, the Carrier shall not be liable for any loss of or damage to the whatsoever.
incurred by the is caused by:
22.5. Carrier shall not be held liable for damage or loss to goods from defects, faults, breakdown, stoppage of the temperature controlling machinery, plant insulation
a) The manner in which the container has been filed, packed, stuffed or loaded; or
or any apparatus of the container used to transport the goods not owned by the Carrier.
b) The unsuitability of the contents for carriage in container; or
c) The unsuitability of defective condition of the container which would have been apparent upon reasonable inspection by the merchant at or prior to the time the
23. SEVERABILITY
container was filed, package, stuffed or loaded;
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 validity or enforceability of
2. Merchant warrants that the stowage and seals of the containers are safe and proper and suitable for handling and carriage;
any other part or term hereof.
3. Delivery shall be deemed as full and complete performance when the containers are delivered by Carrier with the seals intact;
4. Carrier has the right, but is under no obligation to open and inspect the containers or packages at any time without notice to Merchant, and expenses resulting from
24. VARIATION OF THE CONTRACT
such inspections shall be borne by Merchant; and
No servant or agent of the Carrier shall have power to waive or vary any of the terms hereof unless such variation is in writing and is specifically authorized or
5. The Merchant shall inspect containers before stuffing them and the containers shall be prima facie evidence of their being sound and suitable for use.
ratified in writing by the Carrier.
11. DANGEROUS GOODS:
25. CLAIMS IN TORT
11.1. Merchants may not tender goods of a dangerous nature without written application to Carrier’s acceptance of the same. In the application, Merchant must identify
The defenses and limits of liability for in these terms and conditions shall apply in any action against the Carrier for loss or damages to goods whether the action
the nature of the goods with reasonable specificity as well as the names and addresses of the shipper and consignees. The Carrier may in its absolute discretion
be founded in contract or in tort.
reject any such cargo.
11.2. Merchant shall distinctly and permanently mark the nature of the goods on the outside of the package and container as required by any laws or regulations which
may be applicable during the carriage and shall submit to carrier or to the appropriate authorities all necessary documents required by law or by carrier for the
transportation of such goods.
11.3. If the goods subsequently, in the judgment of carrier, become a danger to Carrier, the Ship, or other cargo. Carrier may dispose of the goods without compensation
to Merchant and Merchant shall indemnify Carrier for any loss expenses arising from such action.