PACIFIC INTERNATIONAL LINES (PRIVATE) LIMITED

(Incorporated in Singapore) CO. REG. NO 196700080N

PORT-TO-PORT OR COMBINED TRANSPORT BILL OF LADING

Shipper: Bill of Lading No. HUA402424401

GUANGZHOU THULAYA TRADE CO.,LTD
ADD:RM.709A,YIDONG Booking No. HUA402424401
BUILDING,301-303#,HUAN SHI
ZHONGROAD,GUANGZHOU,CHINA
Export Reference:

Consignee: Pre-Carriage by: Place of Receipt:

ELESS CARGO SERVICES LIMITED
6812 - 00610 FIRST AVENUE NAIROBI NANSHA,CHINA
EAST KE
Vessel/Voyage Number: Port of Loading:
EMAIL: [email protected]***
KOTA KAMIL 435W NANSHA,CHINA

Notify Party: Port of Discharge: Place of Delivery:

SAME AS CONSIGNEE MOMBASA,KENYA MOMBASA,KENYA
Number of original B/Ls Merchant Declared Value ( see clause 7(6) & 31(3)) :

Zero (0)

PARTICULARS AS DECLARED BY SHIPPER, WITHOUT RESPONSIBLITY OR WARRANTY AS TO CORRECTNESS BY CARRIER(see clause 15)

Container Nos./Seal Nos. Quantity/Number of Description of Goods Gross Weight Measurement

Marks & Nos. Packages

28000 KGS 68 CBM

N/M 240 1X40HC CONTAINER(S) SAID TO CONTAIN:
PACKAGES 240 PACKAGES IN TOTAL
T-SHIRTS
MEN TROUSERS
LADY DRESS
FREIGHT PREPAID
***ALSO CNEE
PIN: P052191577A
TELEPHONE: 254729909026

Cntr No Seal No. Sz/Ty Qty Pkg Type Weight Measure

PCIU9147306 CQ0422601 40HC 240 PACKAGES 28000 68
(CY/CY)

SHIPPER'S LOAD STOW COUNT & SEAL

FREIGHT & CHARGES FREIGHT PREPAID Received by the Carrier from the Shipper in apparent good order and condition
(unless otherwise stated herein) the total number or quantity of Containers or
other packages or units identified as "Total number of containers or packages
received by the Carrier" on the face hereof for Carriage subject to all the terms
and conditions hereof (INCLUDING THE TERMS AND CONDITIONS ON THE
REVERSE HEREOF, COPY OF WHICH MAY BE FOUND AT
HTTPS://WWW.PILSHIP.COM, AND THE TERMS AND CONDITIONS OF THE
CARRIER’S APPLICABLE TARIFF) from Place of Receipt or the Port of Loading,
whichever is applicable, to Place of Delivery or Port of Discharge, whichever is
applicable. In accepting this Bill of Lading, the Merchant (as defined at clause 1)
expressly accepts and agrees to all its terms and conditions whether printed,
stamped or written, or otherwise incorporated, notwithstanding the non-signing of
this Bill of Lading by the Merchant.

Agent's Address at Destination : PLACE & DATE OF ISSUE : HUANGPU, 12-SEP-2024

PIL KENYA LTD
P. O. BOX 43050 INCHCAPE HOUSE 2ND FLOOR SHIPPED ON BOARD DATE : 12-SEP-2024
MIKANJUNI ROAD MOMBASA, KENYA Tel.254 -2223487
IN WITNESS WHEREOF the number of original Bills of Lading stated above all of this tenor
Fax. -2225714 and date has been signed, one of which being accomplished the others to stand void.
Total number of containers or packages received by the Carrier : Signed for the Carrier.
1X40HC CONTAINER(S) ONLY PACIFIC INTERNATIONAL LINES (PRIVATE) LIMITED
TERMS & COND T ONS

1. DEFINITIONS howsoever arising be liable for any direct, indirect or consequential loss or damage caused by order number are shown on this Bill of Lading, such particulars are included solely at the request
In this Bill of Lading, the terms: delay. If notwithstanding the foregoing the Carrier is held responsible for any delay, it is hereby of the Merchant for its convenience. The Merchant agrees that the Carrier does not in any way
‘Bill of Lading’ means the present document whether called Bill of Lading, paperless Bill of Lading, expressly agreed that the Carrier’s liability shall be limited to the ocean Freight paid under this Bill warrant the accuracy of such particulars and that the inclusion of such particulars shall not be
electronic Bill of Lading and/or waybill. of Lading for the delayed Goods, exclusive of local charges and/or demurrage. regarded as a declaration of value of the Goods (which is unknown to the Carrier, except when
‘Carriage’ means the whole or any part of the operations and services undertaken by the Carrier in (4) Other Exclusion the provisions of Clause 7(6) applies) and in no way increases the Carrier’s liability under this Bill
respect of the Goods covered by this Bill of Lading. Save as otherwise provided herein, the Carrier shall under no circumstances be liable for any loss of Lading. The Merchant further agrees to indemnify the Carrier against all consequences of
‘Carrier’ means the party on whose behalf this Bill of Lading has been signed and/or issued. of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, including such particulars in this Bill of Lading.
‘Combined Transport’ arises if the Place of Receipt and/or the Place of Delivery are indicated loss or damage to goodwill (in each case whether direct or indirect) or any indirect or (4) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out
overleaf in the relevant spaces. Combined Transport consists of Port-to-Port carriage and Inland consequential loss. overleaf have been checked by the Merchant on receipt of this Bill of Lading and that such
Transport. (5) Basis of Compensation particulars, and any other particulars furnished by or on behalf of the Merchant, are adequate and
‘Container’ means any container used for the transport of Goods (including, without limitation, any Subject always to the Carrier’s right to limit liability as provided in these terms, if the Carrier is liable correct. The Merchant also warrants that the Goods are lawful and safe Goods and contain no
dry storage container, flat rack container, open top container, tunnel container, open side storage for any payment or compensation in respect of loss of or damage to the Goods, such contraband, drugs or other illegal substances or stowaways, and that the Goods will not cause
container, double doors container, refrigerated container, super freezer container, controlled- compensation shall be calculated by reference to the invoice value of the Goods plus Freight and loss, liability, damage or expense to the Carrier, or to other cargo.
atmosphere container, insulated or thermal container, foldable container, half-height container, car insurance if paid. If there is no invoice value of the Goods or if any such invoice is not bonafide, (5) Without prejudice to any other rights and defences afforded by the Bill of Lading and in addition
carrier container, intermediate bulk shift container, swap bodies, special purpose container, or any such payment or compensation shall be calculated by reference to the market value of such to any rights the Carrier might have, in case of any breach of Clause 15(4) arising from any of the
combination of the foregoing examples), trailer, transportable tank, ISO tank, drums, flat or pallet Goods at the place and time they are delivered or should have been delivered to the Merchant. following situations:
or any similar article used to consolidate goods and any ancillary equipment. Unless a provision in The value of the Goods shall be fixed by reference to the normal reasonable value of goods of the (i) any misdeclaration of dangerous and hazardous Goods; or
this Bill of Lading expressly refers only to a specific type of Container, the defined term same kind and quality. (ii) any misdeclaration of the Verified Gross Mass; or
“Container” shall be given its full meaning wherever it appears in this Bill of Lading, (6) Merchant’s Declared Value (iii) any misdeclaration of the weight of the Goods which exceeds the maximum payload of the
notwithstanding that certain provisions in this Bill of Lading may contain words that are more The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Container used for the Carriage, the Carrier shall be entitled to charge the Merchant at any time a
generally or commonly understood in relation to a specific type of Container. Goods. Higher compensation than that provided for in this Bill of Lading may be claimed only misdeclaration fee, being the higher of the amount provided under the applicable Tariff or USD
‘Freight’ means all charges payable to the Carrier in accordance with the Carrier’s applicable Tariff when, with the written consent of the Carrier, the value of the Goods declared by the Merchant 30,000 per Bill of Lading. For the avoidance of doubt, misdeclaration as referred to herein includes
and under this Bill of Lading. upon delivery to the Carrier has been stated by the Carrier in the box marked “Merchant Declared but is not limited to incorrect/partial declaration, late declaration, alteration or omission of such
‘Goods’ means the whole or any part of the cargo accepted from the shipper and includes any Value” on the front of this Bill of Lading and ad valorem freight paid in accordance with the Tariff. In declaration. W
Container not supplied by or on behalf of the Carrier. that case, the amount of the Merchant Declared Value shall be substituted for the limits laid down 16. HIGH VALUE CARGO
‘Hague Rules’ means the provisions of the International Convention for the Unifi cation of certain in this Bill of Lading. Any partial loss or damage shall be adjusted pro-rata on the basis of such The Carrier is neither prepared to enter into a contract of Carriage nor to issue a Bill of Lading
rules relating to Bills of Lading signed at Brussels on 25th August 1924 and includes the Merchant Declared Value. regarding the carriage of specie, bullion, precious or rare metals or stones, jewellery, ornaments,
amendments by the protocol signed at Brussels on 23rd February 1968 and 1979, but only if such (7) Subrogation When any claim is paid by the Carrier to the Merchant, the Carrier shall be works of art, plate or other objects of a rare and precious nature, money, bank notes or other
amendments (hereinafter collectively called “the Visby Amendments”) are compulsorily applicable automatically subrogated to all rights of the Merchant against any third party. The Merchant shall forms of currency, bonds or other negotiable instruments and/or securities, whether the value is
to this Bill of Lading. It is expressly provided that nothing in this Bill of Lading shall be construed as sign a subrogation receipt, release, and indemnity immediately when requested by the Carrier. declared or not, without Carrier’s prior written consent to perform such a Carriage. The Carrier
contractually applying the said Visby Amendments. 8. Notice Of Loss And Time Bar shall be discharged from all liability in respect of loss or damage to such Goods, non-delivery,
‘Holder’ means any Person for the time being lawfully in possession of this Bill of Lading or in (1) Unless notice of loss and/or damage to the Goods, specifying the general nature of such loss delay or any other loss connected or related to the Carriage in case of failure to declare the nature
whom rights of suit and/or liability under this Bill of Lading have been transferred or vested. and/ or damage, is given in writing to the Carrier or to his representative at the Place of Delivery and value of any such Goods, pay any ad valorem freight where applicable, and obtain Carrier’s
‘Inland Transport’ means carriage during Combined Transport, including but not limited to road, (or the Port of Discharge if no Place of Delivery is named on the face hereof) before or at the time said consent and comply with any instructions the Carrier may give in connection with the
rail and water transport, other than the Port-to-Port segment. of the removal of the Goods into the custody of the Person entitled to delivery thereof under this Carriage of such Goods.
‘Merchant’ means any Person who at any time has been or becomes the shipper, Holder, Bill of Lading, or if the loss and/or damage is not apparent, within three consecutive days 17. SANCTIONS AND EXPORT CONTROL
consignee, the receiver of the Goods, any Person owning or entitled to the possession of the thereafter, such removal shall be prima facie evidence of the proper delivery by the Carrier of the (1) The Merchant is responsible for and warrants compliance with all applicable laws, rules and
Goods or this Bill of Lading and any Person acting on behalf of any such Person. Goods described in this Bill of Lading. regulations, including, but not limited to, the sanctions laws of the European Union, Singapore,
‘NVOCC’ means Non-Vessel Operating Common Carrier. (2) The Carrier shall in any event be discharged from all liability whatsoever under this Bill of United States, United Kingdom, as promulgated by the United Nations Security Council and of
‘Person’ includes an individual, company, group or other entity. Lading and in respect of the Goods, unless suit is brought in the proper forum and written notice any country to, from, or through which the Goods may be carried and the export control laws of
“Place of Delivery” means any port or place so named overleaf. thereof is given to the carrier within nine months after delivery of the Goods or if the Goods are not any country to, from or through which the Goods may be carried.
“Place of Receipt” means any port or place so named overleaf. delivered, ten months after the date of issue of this Bill of Lading. In the event that such time period (2) The Merchant warrants that it has obtained all necessary export, re-export, and/or import
‘Port of Discharge’ means any port so named overleaf. shall be found to be contrary to any law compulsorily applicable, the period described by such law licenses or permits and the Carrier is not required to obtain any special license or permit in
‘Port of Loading’ means any port so named overleaf. shall then apply but in that circumstance only. connection with the Carrier’s performance hereunder.
‘Port-to-Port’ means carriage between the Port of Loading and Port of Discharge. 9. GENERAL (3) The Merchant warrants that it is not a party subject to any prohibition or restriction pursuant to
‘Subcontractor’ means any party and/or Person to which the Carrier subcontracts the whole or (1) Scope of Application: the sanctions laws of the European Union, Singapore, United States, United Kingdom, as
any part of this Carriage, including but not limited to owners and operators of any vessels (other (a) The rights, defences, liberties and limits of liability of whatsoever nature provided for in this Bill promulgated by the United Nations Security Council and of any country to, from or through which
than the Carrier), stevedores, warehousemen, container terminal or depot operators, road, rail and of Lading shall apply in any action against the Carrier for loss and/or damage (including delay), the Goods may be carried, including any party identified on the U.S. Treasury Department’s list of
air transport operators and any independent contractor employed by the Carrier in the howsoever caused and whether the action be founded in contract, in tort or bailment, and even if Specially Designated Nationals and Blocked Persons or any other list of prohibited or denied
performance of the Carriage or any part thereof and any of their sub-contractors, agents and the loss and/or damage arose as a result of unseaworthiness, any sea conditions, negligence or parties maintained by the European Union, United States, United Kingdom, United Nations
servants. breach of a fundamental term of this Bill of Lading. Security Council or any other country. It also warrants that the Goods are not intended to be used
‘Tariff’ means the charges payable to the Carrier which includes but is not limited to the following (b) Whether or not original Bill(s) of Lading are issued by the Carrier and/or collected by the in the design, development or production of nuclear, chemical or biological weapons or in violation
charges: storage charges, detention, demurrage, terminal handling charges, seal fees, bill of Merchant, the Merchant hereby acknowledges and agrees that the original Bill(s) of Lading shall of the arms control laws of any country to, from or through which the Goods may be carried. The
lading fees for any issuance, amendment, re-issuance, telex release fees, reefer power charges, be deemed to be duly issued and these terms and conditions, a copy of which can be found at the Merchant shall indemnify the Carrier and hold the Carrier harmless to the full extent of any loss,
late payment fees, booking cancellation/postponement fees, delivery order fees, container Carrier’s website at https://www.pilship.com, apply to the Carriage of the Goods. damage, cost, expense, or liability to the Carrier including lost profits, legal fees and court costs for
cleaning charges and miscellaneous charges (e.g. charges for misdeclaration of dangerous (c) A Bill of Lading issued, signed and transmitted in electronic form (i.e. electronic Bill of Lading) any failure or alleged failure of the Merchant to comply with applicable export and import laws and
goods, misdeclaration of cargo weight). shall have the same legal effect, status and validity as its paper equivalent. regulations of any country.
‘US COGSA’ means the United States Carriage of Goods by Sea Act, 46 U.S.C. App. § 1300 et (d) The terms of this Bill of Lading shall govern the responsibility of the Carrier in connection with (4) In the event the Carrier is of the view, in its sole discretion, that the Merchant is in violation of or
seq. as enacted 1936 and any subsequent recodification thereto. or arising out of the supply of a Container to the Merchant whether before or after the Goods are that there is a risk of violation of the provisions of this clause, the Merchant agrees that, at the
“Verified Gross Mass” means the combined mass of a Container’s tare mass and the masses of received by the Carrier for transportation or delivered to the Merchant. election of the Carrier, the Goods may at any time and at any place be unloaded, destroyed,
all packages and cargo items including but not limited to pallets, dunnage, other packing material (3) NVOCC: If the Merchant is a NVOCC, and has issued, or intends to issue, other contracts of disposed of or abandoned without compensation to the Merchant and without prejudice to the
and securing materials packed in the Container and verified by one of the methods of weighing Carriage to third parties covering the Goods, or part of the Goods, carried under this Bill of Lading, Carrier’s right to Freight or be returned to the Port of Loading at full cost to the Merchant, including
specified in SOLAS Chapter VI Regulation 2. said NVOCC hereby warrants and guarantees that all contracts of Carriage issued by him in but not limited to any detention and demurrage charges.
‘Vessel’ means any waterborne craft or barge used in the Carriage under this Bill of Lading, which respect of the Goods under this Bill of Lading shall incorporate the terms and conditions of this Bill 18. MERCHANT’S RESPONSIBILITY
may be a feeder vessel or an ocean vessel. of Lading. Should the said NVOCC fail to incorporate those terms and conditions, the NVOCC (1) If the Container is not supplied by or on behalf of the Carrier, the Merchant further warrants that
2. CARRIER’S TARIFF shall indemnify the Carrier, its servants, agents and Subcontractors against all resulting the Container meets all ISO and/or other international safety standards and is fi t in all respects for
The terms and conditions of the Carrier’s applicable Tariff are incorporated herein. Attention is consequences. carriage by the Carrier.
drawn to the terms therein relating to free storage time and to container demurrage or detention. (4) Telex Release: Where the Merchant requires the release of the Goods to the named (2) The Merchant shall comply with all regulations and requirements of customs, port and/or other
Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or its consignee by way of a telex release under the Bill of Lading without the presentation of the original authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses, liabilities or losses
agent upon request. The Carrier’s standard Tariff (which is part of the applicable Tariff) can be Bill of Lading at the Port of Discharge or Place of Delivery, the Merchant agrees to indemnify the (including, without prejudice to the generality of the foregoing, the full return freight for the Goods
accessed online at the Carrier’s website www.pilship.com. Carrier, its servants and agents and to hold all of them harmless in respect of any liability, loss, and/or Containers if returned, or if on-carried, the full freight from the Port of Discharge or the
3. CONTRACTING PARTY AND WARRANTY damage or expense of whatsoever nature which the Carrier may sustain arising out of the request Place of Delivery nominated herein to the amended Port of Discharge or Place of Delivery, or
(1) The contract evidenced by this Bill of Lading is between the Carrier and the Merchant. All for and/or performing the telex release and/or by reason of the Carrier’s incurring liabilities, losses, other additional carriage undertaken) incurred or suffered by reason of any failure to so comply or
Persons coming within the definition of “Merchant” in Clause 1 are jointly and severally liable damages or expenses under or in connection with the foregoing request for and/or performing the by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods
towards the Carrier for the due fulfilment of all obligations undertaken by the Merchant under this telex release. and/or Containers or otherwise in connection with the Goods and/or Containers (including the
Bill of Lading and shall remain so liable notwithstanding their having transferred this Bill of Lading (5) Waybill: Where this Bill of Lading is issued as a waybill, this Bill of Lading shall have effect discovery of any drugs, narcotics, stowaways or other illegal substances within the Containers
and/or title to the Goods to another Person. Such liability includes but is not limited to court costs, subject to the CMI Uniform Rules for Sea Waybills which are deemed to be incorporated herein; packed by the Merchant or inside Goods supplied by the Merchant), or stamp duty imposed by
expenses and legal fees incurred in collecting charges and the sums due to the Carrier. The provided, however that if any provisions of such rules are inconsistent with those of this Bill of any country, and shall indemnify the Carrier in respect thereof.
Merchant warrants that in agreeing to the terms and conditions in this Bill of Lading, he is the Lading, the latter shall prevail. (3) The Merchant shall defend and indemnify the Carrier from and against all claims, loss,
owner of the Goods, or he does so with the authority of the owner of the Goods or of the Person 10. MERCHANT-PACKED CONTAINER damage, liabilities fines, costs and expenses arising or resulting from:
entitled to the possession of the Goods or of this Bill of Lading. (1) If a Container has not been prepared, filled, packed, or stuffed by the Carrier, the Carrier shall (a) any breach of any of the terms or warranties (including Clause 15(4)) contained in this Bill of
(2) Where the Bill of Lading bears notations such as “[Shipper/Consignee] care of [third party], “ not be liable for loss of or damage to the Goods and the Merchant shall indemnify the Carrier Lading by the Merchant; or
[Shipper/Consignee] c/o [third party]”, “[third party] on behalf of [Shipper/Consignee]”, “[third party] against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage, liability (c) any other cause whatsoever in connection with the Goods or with the Containers for which the
o/b the [Shipper/Consignee]”, or other similar notations, the Merchant confirms and acknowledges or expense has been caused by: Carrier is not responsible under this Bill of Lading; or
that the named shipper or consignee, as the case may be, under the Bill of Lading shall remain (a) the manner in which the Container has been filled, packed, stuffed or loaded; or (d) any other cause whatsoever for which the Merchant has responsibility, whether such
the contractual party under the Bill of Lading and that the said third party shall acquire no rights (b) the unsuitability of the Goods for Carriage in the Container supplied; or responsibility is borne by the Merchant under this Bill of Lading, under any applicable law or
under the Bill of Lading. By accepting the Bill of Lading with such notation, notwithstanding (c) the unsuitability or defective condition of the Container provided that, if the Container has been regulation, in accordance with general or local shipping custom or practice, or otherwise.
anything herein, the Merchant confirms and acknowledges that the Carrier’s interpretation of the supplied by the Carrier, this unsuitability or defective condition would have been apparent upon (4) The Carrier allows a period of free time for the use of the Containers and other equipment in
requested notation shall be binding on the Merchant and the parties to the Bill of Lading, and that reasonable inspection by the Merchant at or prior to the time when the Container was filled, accordance with the Tariff and/or as advised by the Carrier’s local agent at the Ports of Loading
the Carrier shall not in any way be held liable where it acts in accordance with and in reliance on packed, stuffed or otherwise prepared for shipment; or and Discharge. Free time commences from the day the Container and other equipment is
the said interpretation. (d) any incorrect, improper, inappropriate or unsuitable settings to a Container, including but not collected by the Merchant or is discharged from the Vessel or is delivered to the Port of Loading,
4. SUB-CONTRACTING limited to any thermostatic, ventilation or refrigeration controls thereof; or Port of Discharge, or Place of Delivery, as the case may be. The Merchant is required and has the
(1) The Carrier shall be entitled to sub-contract the whole or any part of the Carriage on any terms (e) any lack of and/or incorrect instructions for care of Goods during the voyage; or responsibility to return to a place nominated by the Carrier the Container and other equipment
whatsoever without notice to the Merchant. (e) stuffing refrigerated Goods that are not at the correct temperature for Carriage; or before or at the end of the free time allowed at the Port of Discharge or the Place of Delivery.
(2) (a) No Subcontractor shall in any circumstances whatsoever be under any liability whatsoever (f) condensation inside a Container; or Demurrage, per diem and detention charges will be levied and payable by the Merchant thereafter
to the Merchant for any loss, damage or delay of whatsoever kind arising or resulting directly or (g) without prejudice to the foregoing, any other matters whatsoever which occur or which were in accordance with the Tariff, without prejudice to the Merchant’s right to declare total loss of the
indirectly from any act, neglect or default on the Subcontractor’s part while acting in the course of undertaken before the Container is presented to the Carrier for shipment. Container at any time after the end of the free time and require the Merchant to pay for the
or in connection with the Goods or the Carriage. (2) The Merchant is responsible for the packing and sealing of all Merchant-packed Containers. replacement of the Container.
(b) Without prejudice to the generality of the foregoing provisions of this clause, every exemption, The Merchant shall inspect Containers before stuffing them and the use of the Containers shall be (5) If Container(s) supplied by or on behalf of the Carrier are unpacked at the Merchant’s premises
limitation, condition and liberty contained herein (other than Art III Rule 8 of the Hague Rules) and prima facie evidence that the Container is seaworthy and/or cargo-worthy, and in good order and or the premises of any other Person to whom the Merchant delivers or releases the Container(s),
every right, exemption from liability, defence and immunity of whatsoever nature applicable to the condition. Any superficial rust, oxidation or condensation inside a Container or any like condition the Merchant is responsible for returning the empty Container(s) in the same condition as they
Carrier or to which the Carrier is entitled hereunder including the right to enforce any jurisdiction or due to moisture is not the responsibility of the Carrier, unless the said condition arises out of the were received, free from labels etc, with interiors or internal surfaces brushed clean, odour free
arbitration provision contained herein shall also be available and shall extend to every such Carrier’s failure to provide a seaworthy Container to the Merchant. If a Merchant-packed and in every respect fi t for immediate reuse, to the place nominated by the Carrier. The Merchant
Subcontractor of the Carrier, who shall be entitled to enforce the same against the Merchant. Container is delivered by the Carrier with its original seal as affixed by the Merchant intact, the shall be liable to indemnify the Carrier for any and all costs incurred reinstating or replacing
(c) (i) The Merchant undertakes that no claim or allegation whether arising in contract, bailment, Carrier shall not be liable for any shortage of Goods. If a claim for shortage is made against the Containers and other equipment not returned in the condition as specified above, including the
tort or otherwise, shall be made against any Subcontractor of the Carrier which imposes or Carrier, the Merchant agrees to indemnify the Carrier against all and any costs (including, but reasonable legal expenses and costs of recovering the costs incurred and interest thereon.
attempts to impose upon any of them or any vessel owned or chartered by any of them any without limitation, legal costs), expenses, liabilities or losses of whatsoever nature suffered and/or (6) Container(s) released into the care of the Merchant for packing, unpacking or any other
liability whatsoever in connection with this Bill of Lading whether or not arising out of negligence on incurred in connection with any such claim. purpose whatsoever are at the sole risk of the Merchant until returned to the Carrier. The
the part of such Subcontractor and/or unseaworthiness of the Vessel and/or breach of a 11. INSPECTION OF GOODS Merchant shall indemnify the Carrier for any and all expenses incurred by the Merchant’s use of
fundamental term and/or in all respects. The Subcontractor shall also be entitled to enforce the The Carrier or their Subcontractor, or any Person authorised by them, shall be entitled, but under any Container(s) while the Container(s) are in his possession, custody, and/or control and such
foregoing covenant against the Merchant; and no obligation, to open, unpack or to scan any Container or package at any time and to inspect, expenses include but are not limited to any loss and/or damage to any Container(s). …
(ii) The Merchant undertakes that if any such claim or allegation should nevertheless be made, it weigh and/or measure the Goods and/or the Container or to inspect, check or verify any (7) The delivery of the Goods and/or release of the Container by the Carrier shall be conditional
will indemnify the Carrier against all consequences thereof. preparation and/or packing of the Goods and/or the Container. If the inspection of the Goods is upon the Merchant paying Freight (including any amount due under the applicable Tariff) and/or,
(3) The Merchant further undertakes that no claim or allegation in respect of the Goods shall be conducted by the request or order of any authority at any place, the Carrier will not be liable for at the Carrier’s request, a deposit (which shall not accrue any interest) which shall be security for
made against the Carrier by any Person other than in accordance with the terms and conditions of any loss or damage incurred by the Merchant as a result of complying with such request or order payment of any sums due to the Carrier. If the Container(s) are not returned to the Carrier within
this Bill of Lading which imposes or attempts to impose upon the Carrier any liability whatsoever in including but not limited to any opening, unpacking, inspection and/or re-packing. The Carrier shall the permitted free time commencing from the date of delivery of the Container(s) to the Merchant,
connection with the Goods or the Carriage of the Goods, whether or not arising out of negligence be entitled to recover the cost of such opening, unpacking, inspection and/or re-packing from the the Carrier may apply the deposit towards the payment of any amounts due to the Carrier
on the part of the Carrier, and if any such claim or allegation should nevertheless be made, to Merchant. Any failure on the part of the Carrier or their Subcontractor to avail themselves of their (including container detention or demurrage). All storage/customs clearance dues and taxes
indemnify the Carrier against all consequences thereof. rights under this clause shall not result in any liability attaching to the Carrier or their Subcontractor. incurred at the Port of Discharge are to be for the account of the Merchant.
5. CARRIER’S RESPONSIBILITY: PORT-TO-PORT CARRIAGE 12. CARRIAGE AFFECTED BY CONDITION OF GOODS (8) The Merchant shall comply with the provisions of any applicable anticorruption laws, including
If Carriage under this Bill of Lading is Port-to-Port: (1) If it appears at any time that, due to their condition, the Goods or any part thereof, cannot safely but not limited to the Prevention of Corruption Act 1960 (2020 Rev Ed) of Singapore, the U.S
(1) The period of responsibility of the Carrier for any loss of or damage to the Goods shall or properly be carried or carried further, either at all or without incurring any additional expense or Foreign Corrupt Practices Act of 1977 and the UK Bribery Act of 2010.
commence taking any measure(s) in relation to the Container or the Goods (or any part thereof), the Carrier 19. FREIGHT
only at the moment that the Goods are loaded on board the Vessel and shall end when the may, without notice to the Merchant (but as his agent only), sell or dispose of the Goods or any (1) Freight shall be deemed fully earned upon the Carrier’s acceptance of a booking made by the
Goods have been discharged from the Vessel. For the avoidance of doubt, the Carrier shall be part thereof, and/or abandon the Carriage and/or take any measures and/or incur any additional Merchant and shall be paid and non-refundable in any event. Should the Merchant cancel the
under no liability whatsoever for loss of or damage in connection with the Goods, howsoever expense to carry or to continue the Carriage or to store the same ashore or afloat, under cover or booking of the Goods for the Carriage, at any time and for any reason whatsoever, he shall be
occurring, if such in the open, at any place (whichever option the Carrier in his absolute discretion considers most liable for the payment to the Carrier its agents, successors, or assignee, of a cancellation fee
loss or damage arises prior to loading onto or after the discharge from the Vessel carrying the appropriate), and such sale, disposal, abandonment or storage shall be deemed to constitute due equal to the value of the Freight, including all charges, costs and expenses deriving from the
Goods. delivery under this Bill of Lading. cancellation of the booking.
(2) The liability (if any) of the Carrier for loss and/or damage to the Goods shall be determined in (2) The Merchant shall indemnify the Carrier against any and all expenses incurred in relation to (2) The Merchant’s attention is drawn to the stipulations concerning currency in which the Freight
accordance with Clause 7(1). the sale, disposal, abandonment, storage and/or continuation of the Carriage of the Goods as is to be paid, rate of exchange, devaluation, additional insurance premium and other
(3) In the event of the Goods being discharged at a port or place other than the Port of Discharge referred to in Clause 12(1). contingencies relative to Freight in the applicable Tariff. In the event of any discrepancy between
stated in this Bill of Lading and forwarded to the Port of Discharge by whatever means, the (3) Notwithstanding the foregoing, the Carrier is under no obligation to undertake any sale or Freight (incl. charges etc) items in the Bill of Lading and any Carrier invoices, the latter shall
Carriage shall nonetheless be deemed as Port-to-Port and liability shall be determined in disposal of the Goods or any part thereof pursuant to Clause 12(1), and the Carrier shall not be prevail.
accordance with Clause 7(1). liable in any way for any act and/or omission in connection with the above. (3) Freight has been calculated on the basis of particulars furnished by or on behalf of the
6. CARRIER’S RESPONSIBILITY: COMBINED TRANSPORT 13. METHODS AND ROUTES OF TRANSPORTATION Merchant. If the particulars furnished by or on behalf of the Merchant are incorrect, the Merchant
The Carrier’s liability for Combined Transport shall be as follows: (1) The Carrier may at any time and without notice to the Merchant - shall pay the correct Freight and any additional charges payable by the Merchant in accordance
(1) The Carrier shall be under no liability whatsoever for loss and/or damage to the Goods, (a) use any means of transport or storage whatsoever, including the utilisation of railway, road with the applicable Tariff (including any administrative charges, misdeclaration fees).
howsoever vehicle or inland river services; (4) The Merchant shall be responsible for the full payment to the Carrier, its agent,
caused and howsoever arising, if such loss and/or damage is caused or arises prior to the Carrier (b) transfer the Goods from one conveyance to another including but not limited to transhipping or representatives, successors or assignees, of the entire Freight due pursuant to this Bill of Lading
taking custody of the Goods at the Place of Receipt or Port of Loading, or after the Carrier delivers carrying the same on another Vessel than that named overleaf or on any other means of on the agreed date and for its full amount, without possible deduction or set off of any sort.
the Goods at the Port of Discharge or the Place of Delivery, whichever is applicable. If the Place of transport; Merchant irrevocably agrees to waive any right of set-off between the Freight and any amount due
Receipt or Place of Delivery is not named on the face hereof, the following shall apply: (c) unpack and remove the Goods which have been packed into a Container and forward them in under a contractual or tortious claim, which he has or may have against the Carrier and/or its
(a) If the Place of Receipt is not named on the face hereof, the Carrier shall be under no liability or on a Container or otherwise; Subcontractors, agents, officers, employees or assignees, whether or not the claim is related to
whatsoever for loss and/or damage to the Goods, howsoever caused, if such loss and/or damage (d) proceed by any route in its discretion (whether or not the nearest or most direct or customary the Carriage under this Bill of Lading and without prejudice to its right to fi le such claim
arises prior to loading onto the Vessel. or advertised route), at any speed, and proceed to or stay at any place or port whatsoever, once subsequently.
(b) If the Place of Delivery is not named on the face hereof, the Carrier shall be under no liability or more often and in any order; (5) Any Person engaged by the Merchant to perform forwarding services in respect of the Goods
whatsoever for loss of or damage to the Goods, howsoever caused, if such loss or damage arises (e) load and unload the Goods at any place or port (whether or not any such port is named shall be considered to be the exclusive agent of the Merchant for all purposes and any payment of
subsequent to discharge from the Vessel. overleaf as the Port of Loading or Port of Discharge) and store the Goods at any such place or Freight to such Person shall not be considered payment to the Carrier in any event. Failure of
(2) Where the loss and/or damage occurred during the Port-to-Port section of the Carriage, the port; such Person to pay any part of the Freight to the Carrier shall be considered a default by the
liability (f) comply with any orders or recommendations given by any government or authority or any Merchant in the payment of Freight.
of the Carrier shall be determined in accordance with Clause 5. Person or body acting or purporting to act as or on behalf of such government or authority or (6) If the Merchant fails to pay the Freight upon the due date, then, without prejudice to any other
(3) Where the loss and/or damage occurred during the Inland Transport, the liability of the Carrier having under the terms of the insurance on the conveyance employed by the Carrier the right to right or remedy available to the Carrier, the Carrier may at its option, impose any of the following
shall be determined: give orders or directions; and/or on the Merchant
(a) by the provisions contained in any international convention, national law or regulation (g) permit the Vessel to proceed with or without pilots, to tow or be towed, or to be dry-docked, (i) postpone the fulfilment of its own obligations until full payment of the Freight;
applicable to the means of transport utilised, if such convention, national law or regulation would with or without Goods and/or Containers on board. (ii) charge the Merchant interest at the higher of the prevailing rate in accordance with the Tariff or
have been compulsorily applicable in the case where a separate contract had been made in (2) The liberties set out in Clause 13(1) may be invoked by the Carrier for any purpose, whether or 2% per annum (compounded monthly) on the amount unpaid until payment is made in full (a part
respect to the particular stage of transport concerned, or not connected with the Carriage of the Goods, including loading or unloading other goods, of a month being treated as a full month), plus collection costs per issued invoice in the amount
(b) where no international convention, national law or regulation would have been compulsorily bunkering, towing or being towed, drydocking, undergoing repairs, adjusting instruments, picking provided in the applicable Tariff;
applicable, by the contract of carriage issued by the Subcontractor for that stage of transport, up or landing any Persons (including but not limited to Persons involved with the operation or (iii) terminate the contract of carriage evidenced by this Bill of Lading upon expiry of a five (5)
including any limitations and exceptions contained therein, which contract the Merchant and the maintenance of the Vessel and assisting Vessels in all situations). Anything done in accordance calendar days’ written notice of the Carrier to the Merchant. In the event of a payment delay by the
Carrier adopt and incorporate by reference as if set forth at length and copies of the said with Clause 13(1) or any delay arising therefrom shall be deemed to be within the contractual Merchant, the Carrier may also for any new delivery, require payment prior to shipment or
contract(s) shall be available to the Merchant at any office of the Carrier upon request, it being Carriage and shall not be a deviation. For the avoidance of doubt, nothing in this sub-clause shall suspend or cancel the contract or any pending booking order regardless of the conditions that
agreed that the Carrier’s rights and liabilities shall be the same as those of the Subcontractor, but be construed as a limitation to the purposes for which the liberties under Clause 13(1) may be may have been agreed, without incurring any liabilities whatsoever.
in no event whatsoever shall the Carrier’s liability exceed GBP 100 per package or unit, or invoked by the Carrier. (7) Any costs and expenses incurred by the Carrier in connection with the collection of any
(c) if any court shall determine that no international convention, national law or regulation would (3) By tendering Goods for carriage without any written request for carriage in a specialised outstanding Freight, including but not limited to any legal fees, shall be payable by the Merchant.
have been compulsorily applicable and that the Carrier may not determine its liability, if any, by Container, or for carriage otherwise than in a Container, the Merchant accepts that Carriage may 20. LIEN
reference to the applicable Subcontractor’s contract of carriage or where said Subcontractor be properly undertaken in or on a general-purpose Container. THE CARRIER SHALL HAVE A LIEN ON THE GOODS AND ANY DOCUMENTS RELATING W
carrier does not have a contract of carriage, then it is contractually agreed as between the 14. MATTERS AFFECTING PERFORMANCE THERETO FOR ALL SUMS PAYABLE TO THE CARRIER UNDER ANY CONTRACT
Merchant and the Carrier that the Carrier’s liability shall be determined as if the loss and/or If at any time the Carriage, the Vessel or other Goods on board the Vessel are or are likely to be BETWEEN THE MERCHANT AND THE CARRIER, WHETHER RELATED TO THE
damage complained of occurred during the Port-to-Port section of carriage as provided at Clause affected by any hindrance, risk, danger, delay, difficulty or disadvantage of any kind (other than CONTRACT OF CARRIAGE EVIDENCED BY THIS BILL OF LADING, WHICH FOR THE
5, but in no event whatsoever shall the Carrier’s liability exceed GBP 100 per package or unit. any inability of the Goods safely or properly to be carried or carried further which is provided at AVOIDANCE OF DOUBT, INCLUDES ANY SUMS DUE TO THE CARRIER ARISING FROM
7. LIABILITY PROVISIONS Clause 12) and howsoever arising (whether or not caused by any negligence on the part of the ANY GENERAL AVERAGE CONTRIBUTIONS AND/OR SALVAGE CHARGES. THE
(1) Hague Rules Carrier, his servants, agents or Subcontractors, and even if the circumstances giving rise to such CARRIER SHALL ALSO HAVE A LIEN AGAINST THE MERCHANT ON THE GOODS AND
(a) THE LIABILITY OF THE CARRIER IN RESPECT OF ANY ACTION AGAINST THE hindrance, risk, danger, delay, difficulty or disadvantage existed at the time this Bill of Lading was ANY DOCUMENTS RELATING THERETO FOR ALL SUMS DUE FROM HIM TO THE
CARRIER FOR LOSS AND/OR DAMAGE ARISING IN CONNECTION WITH THIS BILL OF entered into or the Goods were received for carriage), including but not limited to any war, civil CARRIER UNDER ANY OTHER CONTRACT. The Carrier may exercise his lien at any time and
LADING SHALL BE DETERMINED IN ACCORDANCE WITH THE HAGUE RULES (WHICH commotion, political unrest, labour strikes, pandemic, epidemic, piracy, act of terrorism and threat at any place at his sole discretion, whether the Carriage is completed or not. In any event, any lien
SHALL APPLY AS A MATTER OF CONTRACT), SAVE IF OTHERWISE PROVIDED IN thereof, the Carrier may at his sole discretion and without prior notice to the Merchant and whether shall extend to cover the cost of recovering the sums due. The Carrier shall have the right to sell
THESE TERMS OR BY THE PROVISIONS CONTAINED IN ANY INTERNATIONAL or not the Carriage is commenced, do any of the following: the Goods by public auction or private treaty, without notice to the Merchant, at any place at the
CONVENTION OR NATIONAL LAW WHICH ARE COMPULSORILY APPLICABLE. (a) carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is sole discretion of the Carrier. For the avoidance of doubt, nothing herein shall prevent the Carrier
(b) IF THE HAGUE RULES AND/OR VISBY AMENDMENTS ARE APPLICABLE BY applicable, by an alternative route to that indicated in this Bill of Lading or that which is usual for from recovering from the Merchant the difference between the amount due to the Carrier and the
NATIONAL LAW, THE LIABILITY OF THE CARRIER SHALL IN NO EVENT EXCEED THE Goods consigned to that Port of Discharge or Place of Delivery. If the Carrier elects to invoke the net amount realised from such sale.
LIMIT PROVIDED IN THE APPLICABLE NATIONAL LAW. IF THE HAGUE RULES ARE terms of this sub-clause, then, the Carrier shall be entitled to charge such additional Freight 21. OPTIONAL STOWAGE AND DECK CARGO
APPLICABLE OTHERWISE THAN BY NATIONAL LAW, THE LIABILITY OF THE CARRIER (including extra war risk charge) as the Carrier may determine; or (1) The Goods may be packed by the Carrier in or on Containers and consolidated with other
SHALL IN NO EVENT EXCEED GBP100 PER PACKAGE OR UNIT. (b) suspend the Carriage of the Goods and store them ashore or afloat upon the terms of this Bill goods in or on Containers.
(c) In case and to the extent that the governing law, or a contractual arrangement, or custom and of Lading and endeavour to forward the Goods as soon as possible, but the Carrier makes no (2) Goods, whether or not packed in or on Containers, may be carried on deck or under deck, at
practice, or any court or tribunal decision extends the Carrier’s period of responsibility as provided representations as to the maximum period of such suspension. If the Carrier elects to invoke the the sole discretion of the Carrier, without notice to the Merchant. All such Goods whether carried
in this Bill of Lading, whether in contract, tort, bailment or otherwise to all or any part of the period terms of this sub-clause, then the Carrier shall be entitled to charge such additional Freight as he on deck or under deck, shall participate in general average and shall be deemed to be within the
before loading, or the period after discharge, including for misdelivery, then the Carrier shall have may determine and the Merchant shall pay any additional costs of the delivery and storage; or definition of Goods for the purposes of the Hague Rules or US COGSA and shall be carried
the benefit of every right, defence, immunity, limitation and liberty provided for in the Hague Rules (c) abandon the Carriage of the Goods and place the Goods at the Merchant’s disposal at any subject to those rules (as the case may be).
during such additional period of responsibility, notwithstanding that the loss, damage or place or port which the Carrier may deem safe and convenient, whereupon the responsibility of (3) In the event the Goods (not being Goods stowed in Containers other than flats or pallets)
misdelivery did not occur during the carriage by sea. the Carrier in respect of such Goods shall cease. The Carrier shall nevertheless be entitled to full which are stated overleaf as being carried on deck (or in the event of the absence of the mention
(2) Limitation of Liability Freight on the Goods received for the Carriage, and the Merchant shall pay any additional costs of “under deck” or any similar mention), and which are so carried, the Hague Rules shall not apply
(a) Nothing in this Bill shall operate to limit or deprive the Carrier of any statutory protection or the Carriage to, and delivery and storage at, such place or port. If the Carrier elects to use an and the Carrier shall be under no liability whatsoever for loss and/or damage, howsoever caused
exemption or limitation of liability authorised by any applicable laws, statutes or regulations of any alternative route under Clause 14(a) or to suspend the Carriage under Clause 14(b), this shall not and whether or not caused by unseaworthiness of the Vessel or negligence on the part of the
country. prejudice its right subsequently to abandon the Carriage under this sub-clause. Carrier, his servants, agents or Subcontractors. In the event that the Carrier is found liable
(b) It is agreed by the Merchant that the Carrier qualifies and shall be regarded as a person 15. DESCRIPTION OF GOODS notwithstanding the foregoing, such Goods carried on deck shall be deemed to
entitled to limit liability under the Convention for the Limitation of Liability for Maritime Claims (1) This Bill of Lading shall be prima facie evidence of the receipt of the Goods by the Carrier from
notwithstanding that the Carrier may have secured space on board the relevant Vessel by means the shipper in apparent good order and condition, except as otherwise noted, of the total number
of a slot charter, bill of lading, waybill or other contract of carriage. Subject to any law compulsorily of Containers or other packages or units indicated in the box on the back hereof entitled “Total
applicable to the Carriage to the contrary, and save to that extent, the fund to which the Carrier number of containers or packages received by the Carrier”.
may limit its liability in respect of all claims arising out of an incident shall be that part or proportion (2) Except as provided in Clause 15(1), no representation is made by the Carrier as to the weight,
of the limitation fund applicable to the actual carrier that is available for the Carrier’s claims against contents, measure, quantity, quality, description, condition, marks, numbers or value of the Goods
the actual carrier. and the Carrier shall be under no responsibility whatsoever in respect of such description or
(3) Delay particulars.
The Carrier does not undertake that the Goods shall arrive at the Port of Discharge or Place of (3) If any particulars of any letter of credit and/or import licence and/or sale contract and/or invoice
Delivery at any particular time or to meet any particular requirement of any licence, permission, or
sale contract,or credit of the Merchant or any market or use and the Carrier shall in no
circumstances whatsoever and