Bill of Lading .

Terms and Conditions

1. DEFINITIONS: in this Bill of Lading: 3. In the absence of such contract or  general terms
"Carrier" - means Zim Integrated Shipping Services Ltd. and conditions mentioned in Clause 4II(d)(2) above, by the Hague Visby Rules (or U.S. COGSA for
"Merchant" - means jointly and severally the shipper, the consignee, the holder and any assignee shipments to or from or through the U.S.A. (as to which see  clause 4III).
or endorsee of this Bill of Lading, and/or any one acting on behalf of such persons. 4. The Carrier shall nevertheless be relieved of liability
"Container" - includes any container, flat, open top, open side container, ISO tank, used to for loss or damage or delay occurring during the carriage if such loss or damage or delay were
consolidate goods and any equipment thereof or connected thereto. caused by any cause or event which the Carrier could not avoid and the consequences of which he
"Goods" - means the whole or any part of the cargo carried under this Bill of Lading received from could not prevent by the exercise of reasonable diligence.
the shipper, including any Container not supplied by or on behalf of the Carrier. 5. The Carrier’s liability for loss of or damage to the
"Vessel" - means the vessel named on the face of this Bill of Lading, or any substitute thereto,  and Goods shall in any event not exceed 666.67 SDR units per package or unit or 2 SDR units per
any vessel, feeder vessel, lighter, barge, ship, watercraft or any other means of conveyance by kilogram of gross weight of the Goods lost or damaged, whichever is the higher, or USD 500 per
water used in whole or in part for carriage of the Goods under this Bill of Lading. package for shipments to or from or through the U.S.A. (as to which see   clause 4III), or where, by
"Place of Receipt" - the place at which the Goods are received by the Carrier for carriage, when the consent of the Carrier, the value of the Goods has been declared in the Bill of Lading, the
such place is other than the Port of Loading. amount so declared. SDR units shall be defined and determined according to the Brussels Protocol
"Port of Loading" - the port at which the Goods are loaded on the Vessel. - 1979 (SDR Protocol).
"Port of Destination"- the final port to which the Goods are destined. 3. USA CLAUSE PARAMOUNT (if applicable) - For shipments to or from or
"Final Destination" - the place to which the Carrier has contracted to deliver the Goods, when such through the U.S.A., this Bill of Lading shall only be  subject to U.S. COGSA and to the Pomerene
place is other than the Port of Destination, as defined herein. Act, also known as the U.S. Federal Bill of Lading Act of 1916, 49 U.S.C 801.  Where U.S. COGSA
"Combined Transport" - arises where the Place of Receipt and/or the Final Destination are applies then the provisions stated in the said Act shall [(except as may be otherwise provided
indicated on the face of this Bill of Lading in the relevant boxes, and the carriage of the Goods is not herein)] also  apply before loading on the Vessel or after discharge there from, as the case may be,
only by sea.  [including during carriage to or from a container yard or container freight station in or immediately
"Port to Port carriage" - arises where the ports of loading and of destination are inserted in the adjacent to the sea terminal at the Port of Loading and/or Destination.] If the Carrier is requested by
appropriate boxes on the face of this bill, and the carriage of the Goods is only by sea. the Merchant to procure carriage by an inland carrier in the U.S.A (including to/from Canada) and
"CY/CY or FCL/FCL" carriage terms - means that the Container has been inspected, accepted, the inland carrier at his discretion agrees to do so, such carriage shall be procured by the Carrier as
stuffed and sealed by the Merchant, or his agents, and the unsealing and unstuffing of such agent only to the Merchant and such carriage shall be subject to the inland carrier’s contract and 
Container shall also be performed by the Merchant or his agents, all at the Merchant’s sole risk and general terms and conditions (in addition to all rights, defenses, exemptions, limitations, and
responsibility. immunities contained in this Bill of Lading and the Carrier’s  general terms and conditions)  [Copies
"The Hague-Visby Rules" -means the rules contained in the International Convention for of inland carriers’ contracts will be made available to the Merchant by the Carrier upon written
Unification of Certain Rules Relating to Bills of Lading dated 25th August 1924 as amended in the request.], but in any event the Carrier’s liability shall never exceed the terms otherwise provided for
Protocol to Amend the International Convention of the Unification of Certain Rules of Law Relating in this Bill of Lading. If for any reason the Carrier is denied the right to act as agent at these times,
to Bills of Lading, Brussels, February 23, 1968 and in the Brussels Protocol, 1979. his liability for loss, damage or delay to the Goods shall be determined in accordance with Clause
"U.S. COGSA" - means the U.S. Carriage of Goods by Sea Act, 46 U.S.C. 1300 et seq. 4II above.
2. CONTRACTING PARTIES 4. Period of responsibility and liability -
1. The contract evidenced by this Bill of Lading is between the Carrier and the
Merchant. The Carrier shall be entitled to sub-contract on any terms whatsoever the whole or
any part of the carriage. Each and every party defined as "Merchant" in Clause 1 hereof is jointly 1. In no event, including where carriage is performed under CY/CY
and severally liable towards the Carrier for fulfillment of the various undertakings, responsibilities or FCL/FCL carriage terms, will the Carrier be responsible for loss, damage or delay to the Goods,
and liabilities of the Merchant as detailed hereunder or in connection herewith. however caused, prior to loading of the Goods at the  Port of Loading or, if contracted for, prior to
2. This Bill of Lading shall be neither negotiable nor transferable unless made out the accomplishment of the loading of the Goods at Place of Receipt onto the Carrier's means of
"to order", in which event it shall be transferable and shall entitle any rightful holder or assignee transportation and after discharge of Goods at Port of Destination or, if contracted for, after the
thereof to receive the Goods herein described. commencement of lifting of the Goods at Final Destination onto the Merchant’s means of
3. INDEMNITY - Himalaya Clause transportation.  However, in case and to the extent that any applicable compulsory law provides the
1. It is hereby expressly agreed that no servant, agent, direct or indirect contrary, the Carrier shall nevertheless have the benefit of every right, defense, limitation and liberty
subcontractor or other party employed by or on behalf of the Carrier, or whose services or contained in the Hague-Visby Rules or U.S. COGSA (as to which see clause 4III) during such
equipment have been used in order to perform this contract (such persons or entities so additional compulsorily period of responsibility, notwithstanding that the loss or damage or delay did
employed, or whose services or equipment have been used, shall hereinafter be referred to as not occur at sea.
"Servant", which includes, without limitation, owners, charterers, managers, operators and 2. The Carrier shall not be liable for any loss of or damage or delay
Master of any Vessel employed by the Carrier, any stevedores, terminal and groupage to the Goods, when such loss or damage or delay occurs while the Goods are in custody or control
operators, any actual carriers, inland carriers,  and any other independent contractor employed of any governmental authority including but not limited to government terminals and warehouses, or
by the Carrier or its Servant in performance of the contract evidenced by this Bill of Lading and when the Goods are being held at the express order of any customs authorities.
any employee of the aforesaid) shall under any circumstances whatsoever be under any liability 3. Whenever any details are entered on the face of this Bill of
whatsoever to the Merchant for any loss, damage or delay of whatsoever kind arising or Lading   on the space marked "Further Routing", such details are inserted for information only, at
resulting directly or indirectly from any act, neglect or default on the Servant’s behalf while acting the Merchant’s request and solely on its behalf, and does not bind the Carrier whatsoever.
in the course of or in connection with the performance of this contract. 4. Should the Carrier comply with any request of the Merchant to
2. Without prejudice to the generality of the foregoing provisions of this Clause, perform any service not initially agreed or mentioned on this Bill of Lading, he shall be deemed to
every exemption, limitation, condition and liberty contained herein  and every right, exemption provide such service on Merchant's behalf as an agent, and shall be under no liability whatsoever
from liability, defense and immunity of whatsoever nature applicable to the Carrier or to which and however for any loss or damage to the Goods or any direct, indirect or consequential loss
the Carrier is entitled hereunder, including, but not limited to, the right to litigate in the agreed arising out or resulting from the performance of such service.
jurisdiction as detailed in Clause 22 hereof, shall also be available and shall extend to every 5. Defenses and limits of liability
such Servant, who shall be entitled to enforce the same against the Merchant.
3. (1) The Merchant undertakes that no claim or allegation whether arising in
contract, bailment, tort or otherwise shall be made against any Servant which imposes or 1. The terms and conditions of this Bill of Lading shall apply in any
attempts to impose upon any of them or any vessel owned or chartered by any of them any action against the Carrier for any loss or damage whatsoever and howsoever occurring (and,
liability whatsoever in connection with this contract, whether or not arising out of negligence on without restricting the generality of the foregoing, including delay, late delivery and/or delivery
the part of such Servant. The Servant shall also be entitled to enforce the foregoing covenant without surrender of this Bill of Lading) and whether the action be founded in contract, bailment or in
against the Merchant; and (2) The Merchant undertakes that if any such claim or allegation tort and even if the loss or damage arose as a result of unseaworthiness, negligence or breach of a
should nevertheless be made, it will indemnify the Carrier against any and all consequences fundamental term of this contract.
resulting there from. 2. The Carrier shall be entitled by the terms of this contract to enjoy
4. For the purpose of sub-paragraphs (a)-(d) of this Clause the Carrier is or shall (and nothing in this Bill of Lading shall be construed as depriving or limiting such entitlement) the full
be deemed to be acting as agent or trustee on behalf of and for the benefit of the Servant who benefit of, and rights to, all limitations of and exclusions from liability and all rights conferred, or
shall to this extent be or be deemed to be a party to this contract. authorized by, any applicable law, convention, statute or regulation of any country and any contract
4. CARRIER’S RESPONSIBILITY: The Carrier shall be liable for the Goods from the time they or terms of carriage of the Carrier’s Servants and without prejudice to the generality of the foregoing
are received in the Carrier’s sole custody until delivered from the Carrier’s sole custody to the also of any law, convention, statute, regulation and terms of carriage available to the owner,
Consignee, in accordance with the terms and conditions of this Bill of Lading and the Carrier’s charterer or operator of any Vessel on which the Goods are carried.
tariffs, and in the event that it is proved that damage, loss or delay were sustained to or in 3. Save as is otherwise provided herein, the Carrier shall under no
connection with the Goods whilst under the actual and legal custody and care of the Carrier, and in circumstances be liable for direct or indirect or consequential loss or damage arising from any other
circumstances which impose responsibility on the Carrier, and as follows: cause whatsoever or for any loss of profits.
1. PORT TO PORT CARRIAGE -  In case of Port to Port Carriage, save in respect 5. DELAY AND CONSEQUENTIAL DAMAGES: The Carrier does not guarantee or undertake
of Goods carried to or from the U.S.A. (as to which see clause 4III), the Carrier's responsibility to load, carry, discharge or deliver the Goods on or by any particular Vessel, date or time.
and/or liability (if any) for loss, damage or delay to the Goods, shall be subject and determined in Advertised sailings and arrivals are only estimated schedules, and are subject to amendments
accordance with the Hague-Visby Rules which are hereby fully incorporated into this Bill of Lading. and/or cancellation without any advance notice. Arrival times at any point or place at any stage
2. COMBINED TRANSPORT - during the carriage, even if required to meet any particular market schedules or use, are not
1. The Carrier undertakes to perform and/or in his own name to guaranteed by the Carrier. The Carrier shall not be liable for any direct or indirect loss or damage
procure performance of the carriage from the Place of Receipt to the Port of Destination or Final sustained through delay. However if it shall be adjudged that the Carrier is liable for any such delay,
Destination, or from the Port of Loading to the Final Destination, whichever is applicable. then subject to the terms and conditions of this Bill of Lading, it shall be only liable for any actual
2. If the period of the carriage during which loss, damage or delay physical loss or damage to the Goods according to Clause 4, to the exclusion of any consequential
occurred is unknown - the Hague-Visby Rules (or U.S. COGSA for shipments to or from or through damages due to delay, such as for loss of profits, marketing opportunities etc.
the U.S.A. (as to which see clause 4III), shall apply, as if the loss, damage or delay occurred during 6. NOTIFY CLAUSE: It shall be the responsibility of the Merchant to contact the Carrier
carriage by sea, in the absence of unequivocal evidence to the contrary. regarding time of arrival of the Goods. The Carrier is not obliged to give notice of the arrival of the
3. If the loss, damage or delay is known to have occurred during Goods and no responsibility whatsoever shall attach to the Carrier or his agents for not giving such
carriage by sea - the responsibility and liability of the Carrier shall be determined by the Hague notice of the arrival of the Goods.
Visby Rules (or U.S. COGSA for shipments to or from or through the U.S.A. (as to which see clause 7. NOTICE OF LOSS, TIME BAR Unless notice of loss or damage and the general nature of
4III). such loss or damage be given in writing to the Carrier or his agents at  Final Destination (or Port of
4. If the loss, damage or delay is known to have occurred during Destination, if no Final Destination has been contracted hereof) before or at the time of removal of
inland carriage the responsibility and liability of the Carrier shall be determined: the Goods into the custody of the Merchant, or if the loss or damage is not apparent within three
days thereafter, such removal shall be regarded as prima facie evidence of the delivery by the
Carrier of the Goods as described in this Bill of Lading. In any event, the Carrier shall be discharged
1. By the provisions contained in any international from all and any liability whatsoever in respect of the Goods unless suit is brought within one year of
convention or national law which provisions: their delivery or of the date when they should have been delivered.
(i) may not be departed from by private contract to the detriment of the Merchant, and (ii) would 8. METHODS AND ROUTES OF CARRIAGE
have otherwise been applied if the Merchant had made a separate and direct contract with the
Carrier in respect of the particular stage of carriage where the loss or damage occurred.
2. If  the provisions of Clauses 4II(d)(1) above do not 1. The Carrier may at any time and without notice to the Merchant:
apply, in accordance with the contract of carriage, or  general terms and conditions of any inland
carrier  under whose custody the loss or damage occurred, or
1. use any means of transport or storage whatsoever; 4. The Merchant is fully aware that a Refrigerated Container:
2. transfer the Goods from one conveyance to another including but
not limited to transshipping or carrying same on a Vessel other than the Vessel named on the face
hereof, or by any other means of transport whatsoever and even though transshipment or 1. Does not have the capacity to freeze the Goods or otherwise to
forwarding of the Goods may not have been contemplated or provided for herein; significantly alter the temperature of them, but only to maintain the temperature as set. The Carrier
3. unpack and remove the Goods which have been packed into a will exercise reasonable care to maintain temperature level at plus or minus 5 ° C of the
Container and forward them in another Container or otherwise; temperature noted herein.
4. proceed via any route, (whether or not the nearest or most direct 2. is not designed to monitor and control humidity levels which are
or customary or advertised route) at any speed and proceed to, return to and stay at any port or not guaranteed at any time.
place whatsoever (including the Port of Loading herein provided) once or more often, and in any 5. As regards the Goods carried by agreement of the Carrier in Refrigerated
order in or out of the route or in a contrary direction to or beyond the Port of Destination once or Container, the Carrier shall exercise due diligence to maintain the well functioning facilities of the
more often; Refrigerated Container while they are under his actual custody and control, however it shall not be
5. transship, load and unload the Goods at any place or port liable for any kind of loss of or damage to the Goods caused by latent defects, derangement or
(whether or not any such port is named on the face hereof as the Port of Loading or Port of mechanical breakdown occurring during carriage and/or while under Carrier’s responsibility, without
Destination) and store the Goods at any such port or place; the actual fault of the Carrier.
6. permit the Vessel to proceed with or without pilots, to tow or to be 6. The Carrier shall not accept any responsibility for the operation of Refrigerated
towed, or to be dry-docked, with or without Goods and/or Containers on board; Container supplied by or on behalf of the Merchant.
7. comply with any orders or recommendations given by any 7. In the event of any claim in which the temperature or settings of the Goods in a
national or international   government, institution  or authority or any Person or body purporting to Refrigerated Container are a relevant fact, it is hereby agreed that the temperature reflected in
act as or on behalf of the aforesaid,  or having under the terms of the insurance on any conveyance Carrier’s records, to wit: the temperature recording device and/or log book reports maintained by the
employed by the Carrier the right to give orders or directions as to loading, departure, routes in Carrier, shall be prima facie evidence of the temperature or settings at which the Goods were
transit (including inland routes) ports of call, roads, stoppages, destination, arrival, discharge, maintained at all time while under Carrier’s responsibility.
delivery, inspections or confiscations, or in any other way whatsoever, and the Carrier shall be 8. The term "apparent good order and condition" or similar wording when used in
exempted from all liability to the extent caused as a result of the aforesaid or in connection this Bill of Lading with reference to Goods which require refrigeration, ventilation or other special
therewith. attention, does not mean that the Goods and/or their condition, when received, have been verified
2. The liberties set out in Clause 8 (a) may be invoked by the Carrier for any by the Carrier as complying with the designated carrying temperature, or the appropriate humidity
purpose whatsoever, whether or not connected with the carriage of the Goods, including but not level, or other condition designated by the Merchant, or that the aforesaid are adequate or proper
limited to by loading or unloading other goods, bunkering, embarking or disembarking any settings for the specific nature of the Goods carried.
person(s), undergoing repairs, and assisting other vessels under any circumstances. Anything done 12. CONTAINERS STUFFED BY MERCHANT AND UNCONTAINERIZED GOODS
or not done in accordance with Clause 8 (a) or any delay arising there from shall not be considered
as a deviation and shall constitute due performance by the Carrier of all its obligations hereunder,
and in any such event, the Carrier shall be entitled to full freight. 1. The Merchant warrants that the Goods are fit for all intended modes of
9. OPTIONAL STOWAGE AND ON-DECK CARRIAGE: transport, storage, packing or otherwise handling, that the Goods are lawful goods, and contain no
contraband, drugs, other illegal substances or stowaways, that the Goods are being shipped in
compliance with every applicable law, regulation or directive, and that the Goods will not cause loss,
1. Goods may be stuffed by the Carrier in or on Containers, and such Goods may damage, injury, liability, or expense to the Carrier or to any person, property, or the environment.
be consolidated with other goods. 2. The Merchant confirms that he is fully acquainted with the Containers, the
2. Goods, whether or not packed in Containers, may be carried on deck or under operation and use thereof and that the Containers are completely suitable for his purposes. The
deck, at the sole discretion of the Carrier, at any available location on board the Vessel, without Merchant shall carefully inspect Containers for soundness and suitability before stuffing them with
notice to the Merchant.  The Carrier does not guarantee under deck stowage. Goods and such stuffing of the Containers shall be considered as prima facie evidence that the
3. If carried on deck, the Carrier shall not be required to note, mark or stamp on Containers were sound and suitable for use and shall nevertheless constitute a waiver of the
the Bill of Lading any statement of such on-deck carriage. Save as provided in sub-clause (c) such Merchant for any claim in respect thereof.
Goods carried on or under deck shall participate in General Average and shall be deemed to be 3. If the Container is not supplied by or on behalf of the Carrier, the Merchant
within the definition of Goods for the purpose of the Hague Visby Rules or U.S. COGSA and shall warrants that the Container meets all ISO and other safety standards and is fit in all respects for
be carried subject to such Rules or Act, whichever is applicable as well as in accordance with the carriage by the Carrier.
terms and conditions of this Bill of Lading. 4. The Merchant further guarantees that, for Containers stuffed by the Merchant, it
4. Notwithstanding the provisions of Clauses 9(b) and 9(c) above, Goods which has stuffed and secured the Goods in a safe and adequate manner having regard to the
are stated to be carried on deck and live animals, are carried solely at Merchant’s risk and requirements of the Containers and of their expected conditions of carriage, and that in case of
responsibility, without any responsibility on the part of the Carrier for loss or damage of whatsoever shipment of uncontainerized Goods, it has packed, lashed, secured and otherwise prepared the
nature or delay arising during the carriage, whether caused by unseaworthiness or negligence or Goods properly for carriage having regard to the expected conditions of carriage. The Carrier shall
any other cause whatsoever, and neither the Hague Visby Rules nor U.S. COGSA shall apply. not be responsible for the safe and proper or adequate packing and stowing of Goods in Containers
10. CONTAINERS SUPPLIED BY THE CARRIER: or of packing and lashing of uncontainerized Goods unless stowed or packed by the Carrier.
5. The Merchant further warrants that whilst stuffing the Containers or preparing
uncontainerized Goods  for shipment,  it had complied with all the applicable regulations,
1. Containers supplied by the Carrier are and shall remain the sole property of the requirements and rules of the customs and other authorities under whose control the Containers will
Carrier, without the Merchant having any rights or interest therein. Containers will be put at the be from the time of their stuffing until the time they are delivered to his custody upon
disposal of the Merchant subject to appropriate interchange form being entered into in respect of accomplishment of the carriage.
such Containers. Containers released into the care of the Merchant for stuffing, unstuffing or any 6. Containers stuffed with Goods by the Merchant shall be delivered to the Carrier
other purpose whatsoever shall remain at the sole risk and responsibility of the Merchant until properly sealed with intact seals approved and/or meeting the requirements of local authorities as
redelivered to the Carrier. The Merchant shall indemnify the Carrier for all loss of and/or damage per prevailing regulations or directives. Seals identification reference, as well as the Container
and/or delay to such Containers including and for loss of use of the Containers. reference, shall be provided by the Merchant to the Carrier by way of shipping declaration or similar
2. The Carrier makes no warranty or representation, implied or express, applicable document as customary. The Carrier shall not be liable in any event for the accuracy or
concerning   the Containers (including Refrigerated Containers and gen-sets) or their components other particulars furnished by the Merchant relating to the seals reference, as shown on the face of
interchanged. Responsibility for proper inspection, control and operation of the Containers upon this Bill of Lading.
interchange and while not under Carrier’s custody is set with the Merchant and its own agents and 7. The Merchant agrees to be liable and to  indemnify the Carrier for any direct,
servants. indirect or consequential loss or damage, injury, liability, claim, fines or expenses (including, inter
3. Container demurrage, Container detention, storage, wharfage and/or pier/quay alia, legal fees) caused or incurred to the Carrier or any third party or to the environment from either
rent shall be based on Carrier's regular charges, and are payable by the Merchant. of  (i) improper or inadequate stowage in and stuffing of the Containers or Goods by the Merchant
4. The Merchant is responsible for returning at his risk, expense and responsibility its agents or servants, or (ii) any defect, deficiency,  unseaworthiness or uncargoworthiness of any
the empty Containers in sound condition with interiors brushed and clean and odor free to the Port equipment or Container supplied by the Merchant, or (iii) any infestation, contamination,
of Destination, or Final Destination, if contracted for, or to any other point or place designated by the condemnation, deficiency or nature of the Goods and/or Containers supplied or stuffed by the
Carrier, his servants or agents, within the prescribed time. Should a Container not be stripped by Merchant, or (iv) any breach of the Merchant of its warranties or obligations under this Clause or
the Merchant, or not be returned within the prescribed time and/or in sound condition and/or with the Clause 13, or (v) any other cause related or in connection with the Goods for which the Carrier is
interior brushed and clean, the Merchant shall be liable for all losses and/or damage, liabilities, not responsible, or as a consequence of the Carrier acting in accordance with the Merchant’s
demurrage, detention, charges, costs, expenses (including but not limited to legal fees), resulting instructions and information, or the inaccuracy or insufficiency thereof, or (vi)  any other cause for
there from. which the Merchant and its own agents or servants are responsible for under this Bill of Lading.
11. REFRIGERATED CONTAINERS: 13. MERCHANT DECLARATIONS:

1. The Carrier shall does not undertake to carry the Goods in refrigerated, heated, 1. The Merchant warrants the correctness of the declaration of contents, quantity,
insulated, ventilated or any other specifically equipped Container (hereinafter referred to as nature, definition, weight, measurement and packing method of the Goods, whether containerized
"Refrigerated Container"), nor to carry Refrigerated Container packed by or on behalf of the or not. The Merchant, by accepting this Bill of Lading, confirms that he has checked and approved
Merchant as such, but the Carrier will treat such Goods or Containers as ordinary Goods or dry the particulars and description contained therein. The Merchant shall be responsible for all
Containers respectively, unless special arrangements for the carriage of such Goods or Containers consequences of incorrect declarations as aforesaid including but not limited to any damages, fines
have been agreed to in writing between the Carrier and the Merchant, and are noted on the face of and costs.
this Bill of Lading, and special freight as required has been paid as agreed upon. 2. The Merchant shall comply with all regulations or requirements of customs, port
2. The Merchant undertakes not to tender for carriage any Goods which require and other authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses
refrigeration, ventilation or humidity control (as the case may be) or any other specialized attention (including, without prejudice to the generality of the foregoing freight for any additional carriage
without giving to the Carrier at the time of booking written notice, of their nature and the required undertaken), incurred or suffered by reason thereof, or by reason of any illegal, incorrect or
carrying temperature or other required setting of the thermostatic, ventilation or other special insufficient declaration, marking, numbering or addressing of the Goods, and shall indemnify the
controls. In the absence of clear and specific handling instructions by the Merchant, the Carrier shall Carrier in respect thereof.
not be liable for any loss of or damage to the Goods howsoever arising as a result there from. 3. If, en route to Port of Destination or Final Destination (as the case may be), the
3. The Carrier does not undertake to deliver empty Refrigerated Container(s) to Goods must pass through any port or cross any border, either as part of the anticipated routing or
the Merchant at any specific temperature or settings. If the Goods are received by the Carrier in as the result of the exercise of any option or right granted to the Carrier by this contract or by law,
Refrigerated Container into which they have been packed by or on behalf of the Merchant, it is the the Merchant shall bear all related costs, including but not limited to port fees, customs, fines or
obligation of the Merchant to stow them properly and at the required carrying temperature, set the taxes. Further, the Merchant hereby undertakes to furnish the Carrier with all permits and any other
thermostatic controls, ventilation or humidity control (as the case may be) and operate the gen-set documentation required by the applicable government or authority in order to complete the carriage
as properly required. The Carrier shall not be liable for any loss of or damage to the Goods arising contracted for, including but not limited to evidence of payment of any fees, customs, fine and taxes.
out of or resulting from the Merchant’s failure in the performance of such obligations and under such The Merchant hereby agrees that in the event of any failure to supply all such documentation and
circumstances does not guarantee the maintenance of the intended temperature, ventilation or pay all such sums to the complete satisfaction of any government or authority as aforesaid, the
humidity inside the Container. The Carrier has the right, but not the obligation, to refuse acceptance Carrier shall take any steps deemed as necessary under the circumstances at the Carrier’s sole
of any Refrigerated Container intended to be loaded for carriage and/or to actually load same on the discretion and the Merchant shall bear all consequences thereof.
Vessel, where the Goods are not or were not stuffed into the Container or maintained by the
Merchant within the contracted carrying temperature and/or other settings as applicable.
14. DANGEROUS OR HAZARDOUS GOODS: 17. FREIGHT AND CHARGES:

1. The Merchant undertakes not to tender for transportation any Goods which are 1. The Merchant is obliged to pay freight. Full freight, including but not limited to
of a dangerous, inflammable, radioactive, noxious, explosive, hazardous, injurious or damaging demurrage, surcharges and charges as applicable shall be paid in cash without discount, set-off
nature, whether or not so listed in any official or unofficial applicable international, federal, national, and/or deduction whatsoever and whether prepayable or payable at destination to be considered as
domestic laws and regulations, without previously giving the Carrier written notice of the exact earned and due on receipt of the Goods by the Carrier and non-returnable in any event, ship and/or
nature and character of the Goods and the likely danger connected thereto. The Merchant further Goods lost or not lost. Freight and all other amounts mentioned in this Bill of Lading shall be paid in
undertakes to provide the Carrier with all other particulars and information required and to notify the the currency determined at the option of the Carrier.
Carrier of all the precautionary measures to be taken, prior to obtaining the Carrier’s written 2. Freight is calculated on the basis of particulars furnished by or on behalf of the
advance express consent to the carriage. The Merchant warrants that such Goods shall be properly Merchant.  Should it transpire that the particulars furnished by or on behalf of the Merchant are
packed, stuffed and secured in a manner adequate to withstand the risks of carriage having regard incorrect it is agreed that a sum equal to either double the difference between the correct freight and
to their nature, distinctly marking the packages and the Container so as to indicate the nature the freight charged or to double to correct freight less the freight charged, whichever sum is the
thereof and complying  with any requirements of any laws, rules or regulations, which may be smaller, shall be payable as liquidated damages and not as additional freight or a surcharge to the
applicable during their carriage. Carrier, and the Merchant shall also pay all expenses incurred by the Carrier in ascertaining the
2. If the requirements of sub-clause (a) are not complied with, or if in the opinion said particulars.
of the Carrier the Goods are or are liable to become a risk or danger to life, property or the 3. All dues, taxes or charges or other expenses in connection with the Goods and
environment, the Goods may, at any time or place, be unloaded, rendered harmless, destroyed, all additional amounts for which the Merchant is liable to the Carrier under this Bill of Lading shall be
disposed of, or abandoned, all of which at the Merchant’s expense, risk and responsibility without paid by the Merchant on demand.
any compensation due to the Merchant as a result thereof, and the Carrier shall be under no liability 18. CARRIER’S TARIFF: The Carrier’s freight tariff rules and regulations shall be deemed
to make any general average contribution in respect of such Goods. incorporated herein as if set forth at length and are available at any of the Carrier’s offices.
3. In no event shall the Merchant have the right to abandon the Goods as a result 19. LIEN: The Carrier, his servants or agents, shall have a lien on the Goods or any part thereof
of any damage caused thereto, depreciation and/or partial loss thereof and/or any commercial and any document relating thereto and right to sell such Goods whether privately or by public
dispute, delay in delivery or for any reason whatsoever. The Merchant shall handle the Goods auction without applying to any court of law, for all sums earned or due or payable to the Carrier
disposal if and to the extent required at his sole expense. under this and/or any other previous or existing contract entered with the Merchant, or on account of
4. Irrespective of the Merchant's awareness of the nature of the Goods, it shall be the Goods or carriage, storage or handling of the Goods including but not limited to freight (including
liable and shall indemnify the Carrier and any other party or legal body for all expenses (including, additional freight payable as is herein stipulated) primage, deadfreight, demurrage, detention,
but not limited to, legal fees), loss, damage, injury, claim or liability caused as a result of his failure Container demurrage, charges, salvage, average of any kind whatsoever, stamps, duties, fines or
to comply with the terms set forth in sub-clause (a), or arising in consequences of the carriage of penalties, C.O.D. charges to be collected as per Merchant’s request prior to delivery of the Goods,
such Goods, including any steps taken by the Carrier pursuant to sub-clause (b) or in the event of and for all other charges and expenses whatsoever which are for the account of the Goods, or of
abandoning or failing to take delivery of the Goods. the Merchant, and for the costs and expenses (including, without limitation, legal fees) for exercising
15. LOADING, DISCHARGING AND DELIVERY: such lien, and for such sale and also for all previously unsatisfied debts whatsoever due to the
Carrier, his servants or agents, by the Merchant. The lien hereby accorded may be exercised by the
Carrier, his servants or agents notwithstanding that he or they may have parted with possession of
1. If Goods contracted for carriage are not tendered when the Vessel is ready to the Goods and whether the contractual carriage is completed or not.  The Carrier, his servants or
load, the Carrier is relieved of any obligation to load such Goods and the Vessel may leave port agents, shall at all times stand authorized by the Merchant to give all such notices to any person or
without further notice and deadfreight shall be paid by the Merchant; persons for the time being in possession of the Goods as may be required for the purpose of giving
2. Subject to any custom of the port to the contrary, the Merchant shall take effect to the provisions of this Clause. Nothing in this Clause shall prevent the Carrier from
delivery of the Goods immediately upon discharge from the Vessel at the Port of Destination (or at recovering from the Merchant the difference between the amount due from it to the Carrier and the
Final Destination if contracted for). If the Merchant fails to do so, the Carrier may, without notice, amount realized by the exercise of the rights given to the Carrier under this Clause.
unstuff the Goods if stuffed in Containers and/or store them ashore, afloat, in the open or under 20. GENERAL AVERAGE, NEW JASON CLAUSE AND BOTH-TO-BLAME COLLISION
cover at the sole risk and responsibility of the Merchant, or take any other measure as feasible, and CLAUSE:
all such measures  shall constitute true fulfillment of the contract of carriage, and thereupon all General Average shall be adjusted at any port or place at the Carrier’s or the    Vessel’s owner’s
liability whatsoever of the Carrier in respect of the Goods shall cease and the costs incurred thereby option, and shall be settled according to the York-Antwerp Rules 1994 and any amendments
shall be paid forthwith upon demand by the Merchant to the Carrier. thereof, unless otherwise required by the Vessel's owners, in which case as notified by the latter.
3. If the Goods are not taken by the Merchant within a reasonable time but in any The Both-to-Blame Collision and New Jason Clauses published and/or approved by BIMCO and
event not exceeding thirty (30) days, or even seven (7) days in the case of Refrigerated Containers obtainable from the Carrier or his agent upon request are hereby incorporated herein. The Merchant
as of discharge, or whenever in the Carrier's opinion the Goods are likely to become deteriorated or hereby waives his right, if any, to declare General Average and to a general average adjustment,
worthless, or incur charges in excess of their value, or if required by any law or regulations or unless the General Average sacrifices and expenditure made or incurred by the Merchant exceed
authorities,  the Carrier (or his servants or agents) may, at its discretion, without notice and without US$250,000.-.
prejudice to any other rights or claims it may have against the Merchant, and without any 21. PACKAGE LIMITATION AND DECLARATION OF VALUE
responsibility attaching thereto, break the seal, strip the Container and/or store, sell (by public
auction or otherwise), evacuate, abandon or otherwise dispose of such Goods, all of which at the
Merchant’s sole account, risk and responsibility. In such circumstances, the Merchant shall remain 1. The liability of the Carrier and/or the Vessel for any loss or damage to the
responsible for all expenses and costs (including legal fees) associated with the failure to take Goods or in connection therewith shall in no event exceed the per package limitation contained in
timely delivery of the Goods. the Hague-Visby Rules.
4. Refusal by the Merchant to take delivery of the Goods in accordance with the 2. If U.S. COGSA applies by virtue of Clause 4III, the liability of the Carrier and/or
terms of this Clause and/or to mitigate any loss or damage thereto, shall constitute a waiver by the the Vessel shall not exceed US$500.- lawful money of the United States per package or customary
Merchant of any claim whatsoever relating to the Goods or the carriage thereof. freight unit.
5. Where, pursuant to the law or regulations applicable at destination, (1) the 3. Where the Hague Rules apply by national law, the Carrier’s liability shall in no
Carrier is required to discharge the Goods into the custody of customs, port or other authority or event exceed GBP 100 per package or unit.
third party, or (2)  the Carrier must give delivery of the Goods without surrender of an original Bill of 4. In any other event the provisions of Clause 4II(d) shall apply.
Lading, the Carrier's compliance with such law or regulations shall constitute a due delivery of the 5. Furthermore, the Carrier’s liability if any, shall not exceed the market value of
Goods and be deemed to be proper performance of the contract of carriage hereunder, and the the Goods at the time and place they should have been delivered. Should, however, the invoice
Carrier shall not be responsible or liable for such delivery. value of the Goods be lower than the market value at the time and place of delivery, the Carrier will
16. OPTIONS OF THE CARRIER - Should it appear at any time that the performance or only pay the invoice value.
continued performance of the transport would or is likely to expose the Carrier, the vessel, her crew 6. Ad Valorem - The limitations of liability mentioned above shall not apply in the
or any goods on board to the risk of capture, seizure, detention, damage, delay, hindrance, difficulty event that the nature and value of the Goods have been declared in writing by the Merchant before
or disadvantage of whatever kind, or that the vessel is or is likely to be prevented from reaching or shipment and inserted in this Bill of Lading in the "Merchant’s Declared Value of Goods" box and Ad
entering the Port of Loading or there loading in the usual manner and leaving again or reaching or Valorem freight has been paid.
entering the Port of Destination or there discharging in the usual manner and leaving again, all of 7. For limitation purposes under the Hague-Visby Rules or U.S. COGSA, it is
which safely and without delay, or should the Master, in his absolute discretion, consider it agreed that the meaning of the word "package" shall be any palletized and/or unitized assemblage
impossible, unsafe or inconvenient to discharge the cargo, the subject of this Bill of Lading, or any of cartons which has been palletized and/or unitized for the convenience of the Merchant,
part thereof at Port of Destination, all of which resulting from any cause whatsoever and in regardless of whether said pallet or unit is disclosed on the front hereof.
particular, but not exclusively, from any war, warlike operations, blockade, riots, civil commotion or 22. LAW AND JURISDICTION: All and any claims and/or disputes arising under this Bill of
piracy, actual or threatened terrorist acts, insufficient depth of water, conditions of tide, weather Lading or in connection therewith shall be brought before and determined by the courts and in
conditions, epidemic, quarantine, ice, labor troubles, labor obstructions, strikes, lockouts, any of accordance with the law at:
which on board or on shore, congestion in the port or at quays or berths, or postponement, delay or
cancellation of window berthing arrangements, insufficiency of lighters, actual or threatened
blockade, interdict, impracticability of entering into the said port, and/or any unfavorable conditions 1. the place where the Carrier has its Head Office, namely Haifa, Israel, or
at the said port, prior to or upon or subsequent to the Vessel’s arrival, the Carrier shall be entitled at 2. if the cargo originates in or is destined for the U.S.A., by the United States
his sole discretion, whether or not the events or state of affairs in question existed or were District Court for the Southern District of New York, N.Y., U.S.A.
anticipated at the time of entering into these contracts, to either: Each of the above courts, respectively, shall have exclusive jurisdiction and, therefore, no
proceedings shall be brought before any other court.
Notwithstanding the above, the Carrier shall have the right to may bring a claim against the
1. Carry the Goods to the contracted Port of Destination or Final Destination, Merchant in any other competent court in which case the law of such court shall apply.
whichever is applicable, by an alternative route to that indicated in this Bill of Lading or that which is
usual for Goods consigned to that Port of Destination or Final Destination. If the Carrier elects to
invoke the terms of this Clause 16(a) then, notwithstanding the provisions of Clause 8 hereof, he
shall be entitled to charge such additional freight as the Carrier may determine; or
2. Suspend the carriage of the Goods and store them ashore or afloat upon the
terms and conditions of this Bill of Lading and endeavor to forward them as soon as possible, but
the Carrier makes no representations as to the maximum period of suspension. If the Carrier elects
to invoke the terms of this Clause 16(b) then, notwithstanding the provisions of Clause 8 hereof, he
shall be entitled to charge such additional freight and costs as the Carrier may determine; or
3. Abandon the carriage of the Goods and place them at the Merchant’s disposal
at any place or port which the Carrier may deem safe and convenient, whereupon the responsibility
of the Carrier in respect of such Goods shall cease.
Exercising the rights and liberties under the provisions of this Clause shall be deemed due
fulfillment by the Carrier of the contract and if in connection with the exercise of any liberty under
this Clause any extra expenses are incurred, they shall be paid by the Merchant in addition to the
freight together with return freight, if any, and reasonable compensation for any extra service
rendered to the Goods.
 RECEIVED by the Carrier in apparent good order and condition (unless otherwise stated herein) the
total number or quantity of Containers or other packages or units indicated in the box entitled
Carrier's Receipt for carriage subject to all the terms and conditions hereof from the Place of
Receipt or Port of Loading to the Port of Discharge or Place of Delivery, whichever is applicable. IN
ACCEPTING THIS BILL OF LADING THE MERCHANT EXPRESSLY ACCEPTS AND AGREES TO ALL THE
TERMS AND CONDITIONS, WHETHER PRINTED, STAMPED OR OTHERWISE INCORPORATED ON THIS
SIDE AND ON THE REVERSE SIDE OF THIS BILL OF LADING AND THE TERMS AND CONDITIONS OF THE CARRIER'S
APPLICABLE TARIFF AS IF THEY WERE ALL SIGNED BY THE MERCHANT. If this is a negotiable (To Order / of) Bill of
Lading, one original Bill of Lading, duly endorsed must be surrendered by the Merchant to the Carrier (together with
outstanding Freight) in exchange for the Goods or a Delivery Order. If this is a non-negotiable (straight) Bill of
Lading, the Carrier shall deliver the Goods or issue a Delivery Order (after payment of outstanding Freight) against
the surrender of one original Bill of Lading or in accordance with the national law at the Port of Discharge or Place of
Delivery whichever is applicable. IN WITNESS WHEREOF the Carrier or their Agent has signed the number of Bills of
Lading stated at the top, all of this tenor and date, and wherever one original Bill of Lading has been surrendered all
other Bills of Lading shall be void