Welcome to Webtrans Logistics, Inc.

The Terms and conditions of Service set forth below shall apply to all services performed by Webtrans Logistics, Inc. and shall constitute a binding contract between Webtrans and Customers, Shippers, Third Parties and Consignees to or for whom it provides services.

1. Definitions :

(a) Webtrans Logistics Inc., its subsidiaries, related companies, shareholders, employees, agents and/or representatives.

(b) "Customer" means the Customs Brokers and any other persons to or for whom Bobac provides services and to its (or his or her) agents and employees.

(c) "Shipper" means the person named as the "shipper" in any shipper’s instructions, receipt, truck tag, delivery order, bill of ading or other document which concerns the goods tendered to Webtrans Logistics Inc. for handling and/or storage, and any and all agents and/or representatives of the Shipper, including, but not limited to, secured parties, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, Customs Brokers and consignees.

(d) "Third Party" means any person or entity which asks Webtrans Logistics Inc. to send it bills for services performed on behalf of nother person or entity, including the owner of the goods, the shipper, and the consignee.

(e) "Consignee" means the person amed as the "consignee" on any shipper’s instructions, receipt, truck tag, delivery order, bill of lading or other document, as well as the wner of the Goods and any and all other person who may be lawfully entitled to possession of the goods tendered to Webtrans Logistics Inc.

(f) "Goods" means articles of every kind or description, including their packaging, containers, or other shipping units or materials as identified on the face of any shipper’s instructions, receipt, truck tag, bill of lading or other document which concerns the goods tendered to Webtrans Logistics Inc.

2. Responsibilities of Webtrans Logistics Inc.

Webtrans Logistics Inc. acts only as a contractor for the Customer, Shipper, Third Party and Consignee in connection with the handling nd/or storage of the Goods tendered to it and does not assume liability as a carrier. Webtrans Logistics Inc. assumes only the obligation to use reasonable care in the handling and/or storage of goods for its customers.

All claims which arise from the acts or conduct of a person or firm other than Webtrans Logistics Inc. shall be brought solely against uch person or firm. Webtrans Logistics Inc. shall reasonably cooperate with the Customer, Shipper, Third Party and Consignee in connection with ny such claims. Customer, Shipper, Third Party and Consignee agree, jointly and severally, to pay any charges or costs incurred by Webtrans ogistics Inc. in doing so.

3. Customer/s

Customer, Shipper, Third Party and Consignee, jointly and severally, warrant and represent as follows:

(a) Customer is authorized to enter into this agreement, including without limitation the terms set forth herein which limit Webtrans ogistics Inc. liability, on behalf of the Shipper, Third Party and Consignee and all other persons with an interest in the goods;

(b) The amount and description of any Goods tendered to Webtrans Logistics Inc. for transportation, handling and/or storage as set forth on the face of any shipper’s instructions, receipt, truck tag, delivery order, bill of lading or other document provided to Webtrans ogistics Inc. is accurate;

(c) The goods tendered for handling and/or storage are not "unacceptable goods" as described in paragraphs 4(a) through 4(h) below;

(d) The Goods have been properly packed, marked and secured to ensure safe transportation, handling, storage and/or delivery with ordinary care;

(e) Any shipping container or unit not provided by Webtrans Logistics Inc. is physically suitable, sound and structurally adequate to ontain and support the Goods;

(f) The Goods have been packed in compliance with any applicable governmental laws or regulations which pertain to transport, storage and/or delivery of the goods.

Customer, Shipper, Third Party and Consignee, jointly and severally, agree to indemnify Webtrans and hold it harmless from any claims which may arise as a consequence of any breach of the foregoing representations and warranties, including, without limitation, attorneys’ fees and expense and claims for personal injury or property damage.

4. Unacceptable Goods

The following goods are unacceptable goods and shall not be accepted for handling and/or storage:

(a) Valuables, including articles which have a value, whether declared or not, of more than $500.00 per pound, unless Webtrans has onsented to transport or store such Goods in a separate writing;

(b) Gold, platinum or other precious metals or any products thereof;

(c) Paper money, coins, marketable securities, traveler's checks, stamps and bank cards or credit cards which are valid or in usable condition;

(d) Precious gems, including diamonds, rubies, emeralds, sapphires, opals, pearls (including cultured pearls), and ornaments and accessories made therefrom or incorporating such articles;

(e) Animals;

(f) Human remains and ashes;

(g) Dangerous or hazardous articles, including, without limitation, explosives, gases, flammable liquids, or combustible solids, oxidants, poisons or substances which easily disseminate viruses, radioactive substances, corrosive substances, and other harmful materials, unless (i) Customer, Shipper, Third Party, or Consignee delivers a written notice to Webtrans, prior to tender of the Goods, which describes the nature of the goods and the hazardous classification of the Goods and (ii) Webtrans Logistics Inc. agrees in writing to handle the Goods;

(h) A shipment of Goods with a declared value in excess of $10,000.00, unless an officer of Webtrans agrees to special terms and conditions with the Customer, Shipper, Third Party and Consignee in a separate writing and the applicable additional charge has been paid; and

(i) Other Goods which Webtrans Logistics Inc. deems to be inappropriate for transportation, handling or storage by Webtrans.

5. Transportation, Handling and Storage Charges

(a) Quotations regarding the charges, handling fees, storage fees, insurance premiums or any other charges given by Webtrans are for informational purposes only and are subject to change without notice; no quotation shall be binding unless and until Webtrans agrees in writing to undertake the handling and/or storage of the Goods at the specified rate or amount and payment arrangements have been agreed upon.

(b) Customer, Shipper, Third Party and Consignee, jointly and severally, agree to pay all storage and other charges payable for the Goods described on the face of any shipper’s instructions, receipt, truck tag, delivery order, bill of lading or other document provided to Webtrans.

(c) Customer, Shipper, Third Party and Consignee acknowledge that the freight and other charges collected or determined to be due at the time of receipt by Webtrans have been established based upon their representations concerning the Goods to be handled and/or stored, and that additional charges may be due if the representations are later determined to be inaccurate.

(d) Webtrans Logistics Inc. shall have a general and continuing lien on all Goods and documents delivered to Webtrans by the Customer, Shipper, Third Party or Consignee for all charges which are payable to Webtrans by the Customer, Shipper, Third Party or Consignee, regardless of whether the charges relate to (i) the Goods and documents upon which the lien is asserted, (ii) Goods previously handled, or (iii) other charges.

(e) Webtrans Logistics Inc. may file a suit for recovery of handling, storage or other charges owed, including amounts which may be due under paragraph 3, in a jurisdiction where the Goods were accepted for handling and/or storage, or in a jurisdiction where a Customer/Shipper/Third Party/Consignee defendant resides or maintains its principal office, at Webtran’s option.

(f) In the event that it becomes necessary to retain an attorney to collect freight, storage or other charges owed under these Terms and Conditions or to recover an amount which is due under paragraph 3, Webtrans shall be entitled to recover its attorneys' fees and costs in addition to the handling, storage and/or other charges or amounts owed, plus interest.

6. Limitations on Webtrans’s Liability

(a) Unless a greater value is declared in writing and delivered to Webtrans either before the Goods are tendered or by the end of the business day upon which the Goods are tendered to Webtrans, and an additional charge paid therefore, Webtrans’s liability shall be limited to the lesser of (i) $.25 per pound or (ii) $1,000. If a greater value for the Goods is declared, there shall be an additional charge of $5 per $100 of excess valuation declared.

(b) Webtrans shall not be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages.

7. Indemnification

Customer, Shipper, Third Party and Consignee agree, jointly and severally, to indemnify, defend, and hold Webtrans Logistics Inc. harmless from any liability, loss, damages, costs, claims and/or expenses, including but not limited to reasonable attorneys’ fees, which Webtrans may incur, suffer or be required to pay by reason of a claim, suit or proceeding which arises from their violation of any law or egulation of any state or nation regarding the transport, handling, storage, import, export or delivery of Goods.

8. Advancing Money

Customer, Shipper, Third Party and Consignee agree, jointly and severally, to pay all charges in advance unless Webtrans Logistics Inc. agrees in writing to extend credit. The granting of credit in connection with a particular transaction shall not be considered a waiver of this provision as to other transactions.

9. Arbitration

To the extent permitted by law, Customer, Shipper, Third Party and Consignee agree that, in the event that any dispute arises concerning the rights and/or responsibilities of the parties with respect to this agreement, the dispute shall be submitted to arbitration efore an arbitrator on a panel established by the Transportation Lawyer's Association. The initiation of an arbitration proceeding shall be considered a "suit" for the purposes of paragraph 12 of this Agreement. Notwithstanding the foregoing, Webtrans Logistics Inc. may initiate a lawsuit to obtain pre-judgment attachment remedies; however, any such action shall be stayed pending submission of the underlying dispute to Arbitration unless both parties elect to proceed without Arbitration

10. Conditions for Filing Suit Against Webtrans

(a) Except as is otherwise prescribed by law, Webtrans shall be relieved of all liability unless the claimant delivers a written notice of claim to Webtrans within (30) days of the event giving rise to claim; the notice shall include a description of the transaction(s) involved which is sufficient to enable Webtrans to identify the ransaction(s) from its records, a description of the events which give rise to the claim, including the dates the events occurred, and a description of the nature and amount of the loss or damage claimed.

(b) Webtrans Logistics Inc. shall be relieved of all liability unless suit is filed in a proper forum and venue and a copy of the suit is properly served on Webtrans within nine months after the date of the loss or damage.

(c) Any suit against Webtrans for loss or damage arising out of the transport, handling, storage or delivery of Goods must be filed in the County of Alameda, State of California, United States of America.

11. Modification of These Terms and Conditions

These Terms and Conditions of Service may only be modified, altered or amended in a writing signed by an officer of Webtrans.

12. Severability

In the event any paragraph and/or portion of these Terms and Conditions is found to be invalid or unenforceable, the remaining portions of these Terms and Conditions shall remain in full force and effect.

13. Governing Law.

These Terms and Conditions of Service and the relationship of the parties shall be governed by the laws of the State of California.

DEFINITIONS.

In this Bill of Lading, the term "Carrier" means Webtrans Logistics, Inc. and its agents; the term "Merchant" includes the shipper, consignor, consignee, owner and receiver of the goods and the holder of this Bill of Lading; the term "Goods" means the cargo described on the face of this Bill of Lading and, if the cargo is packed into container(s) supplied or furnished by or on behalf of the Merchant, include the container(s) as well; the term "Container" includes any container, trailer, transportable tank, lift van, flat, pallet, cradle, sled or any similar article of transport used to consolidate or transport goods; the term "Vessel" includes vessel, ship, craft, lighter or other means of transport which is or shall be substituted, in whole or par, for the vessel named on the face hereof; the term "Package" means the largest individual unit of partially or completely covered or contained cargo made up by or for the Shipper which is delivered and entrusted to Carrier, including palletized units and containers stuffed and sealed by the Shipper or on its behalf, lthough the Shipper may have furnished descriptions of the contents of sealed containers on this Bill of Lading.

CLAUSE PARAMOUNT.

All carriage under this Bill of Lading to or from the United Stats shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States, 46 U.S.C. sections 1300-1315 ("US COGSA"). Carriage to and from Canada shall have effected under the Water Carriage of Goods Act of Canada ("COGWA"). All carriage to and from other countries shall be governed by the law of any country making Hague Rules or Hague-Visby Rules compulsorily applicable to this Bill of Lading or if there is no such law, in accordance with the Hague Rules. The provisions of applicable law (except as may be otherwise specifically provided herein) shall govern before the goods are loaded on and after they are discharged from the vessel whether the goods are carried on deck or under deck and throughout the entire time the goods are in custody of the Carrier.

SUBCONTRACTING.

Carrier shall be entitled to subcontract directly or indirectly on any term the whole or any part of the handling, storage, or carriage of the Goods and all duties undertaken by Carrier in relation to the Goods under this Bill of Lading. Every servant or agent or subcontractor (including sub-subcontractors) of Carrier shall be express beneficiaries under this Bill of Lading and shall have the benefit of all rights, defenses, exemptions from or limitations of liability, and immunities of whatsoever nature to which Carrier is entitled under the provisions of this Bill of Lading as if such provisions were expressly for their benefit; and in entering into this contract the Carrier, to the extent of those provisions, does so not only on his own behalf but also as agent and trustee for such servants, agents and sub-contractors.

METHODS AND ROUTES OF TRANSPORT.

It is understood and agreed that (a) transport of Goods may be done more than one method or route of transport, including but not limited to, transport by land, water and air and by more than one Vessel or other means of transport; (b) no method or route of transport nor Vessel nor any other means of transport is agreed to be used and the same, at any time, may be changed or substituted without notice from those originally intended by Carrier; (c) Goods or any part thereof may be discharged and/or stored at any port or place, whether named or not; (d) Carrier may pack or unpack Goods into or out any type of container or other means of packaging or shipment; (e) Carrier may carry Goods in one or more shipments at one or more time; (f) Vessel or other means of transport, whether or not Goods are then on board, is at liberty to adjust navigational instruments, make trial trips or tests, dry-dock or be repaired, shift berths, take in fuel or other necessaries, embark or disembark passengers, crew, cargo or stores, sail with or without pilots, tow or be towed, or save or attempt to save life or property or to be guided by weather conditions.

RESPONSIBILITY.

(1) Carrier shall be responsible for loss of or damage to Goods occurring between the time when Goods are received by Carrier at the place of receipt or port of loading and the time of delivery by Carrier at the port of discharge or place of delivery.

(2) In no event, however, shall Carrier have liability with respect to any loss or damage arising or resulting from:

(a) the wrongful act or neglect of Merchant or any persons acting on behalf of Merchant;
(b) compliance with the instructions of Merchant or any persons acting on behalf of Merchant or the person entitled to give them;
(c) the lack of, or insufficiency of, or the defective condition of packing of Goods;
(d) handling, loading, stowage or unloading of Goods by Merchant or any persons acting on behalf of Merchant;
(e) inherent defect or vice of Goods;
(f) insufficiency or inadequacy or marks or numbers on Goods, coverings, cases, or containers;
(g) strikes or lockouts or stoppage or restraint of labor from whatever cause, whether partial or general;
(h) latent defect in any vessel, vehicle, conveyance, container, cargo carrying equipment or other plant or equipment, terminal storage or premises whatsoever, not discoverable by due diligence;
(i) any cause or event which Carrier could not avoid and consequence whereof Carrier could not prevent by the exercise of reasonable diligence.

(3) In case it is established by Merchant that loss of or damage to Goods occurred while Goods were in custody and care of Carrier, Carrier shall, subject to the provisions of this Bill of Lading, be responsible for such loss or damage to the extent following but no further;

(a) with respect to loss or damage occurring during the period of carriage by sea or inland waterways, to the extent prescribed by the applicable US COGSA, Hague Rules, Hague-Visby Rules, or other laws as provided for in Article 1 hereof;
(b) with respect to loss or damage occurring during the handling, storage or carriage by road in Korea to the extent stipulated in the Harbour Transportation Contracts, General Conditions of Warehouse Deposit Contracts and/or Agreement on Forwarding by Motor Truck filed with the minister of Transport of Korea by the Carrier;
(c) save as covered by preceding (a), (b) and (c), with respect to loss or damage occurring during the handling, storage or carriage of the goods by a sub-contractor or agent of Carrier, to the extent to which such sub-contractor or agent would have been responsible to Merchant if he had made a direct and separate contract with Merchant in respect of such handling, storage or carriage, the terms and conditions of the said direct and separate contracts can be obtained at Carrier’s office upon request of Merchant.

(4) In case it cannot be proved where the loss or damage occurred, the loss or damage shall be deemed to have occurred in the course of carriage by sea and Carrier shall be responsible to the extent prescribed by (3)(a) hereof.

(5) With respect to inland transportation in the U.S.A., Carrier’s responsibility is to procure such transportation and incidental serviced by carriers authorized by the competent governmental agencies to engage in such carriage and to guarantee the performance thereof by such carriers pursuant to the terms and provisions of their contracts and tariffs.

(6) When any claims are paid to Merchant by Carrier, Carrier shall automatically be subrogated to all rights of Merchant against all others, including inland carriers on account of the losses or damages for which such claims are paid.

LIBERTIES.

(1) In any situation whatsoever, whether or not existing or anticipated before commencement of or during the transport, which in the judgment of Carrier,

(i) has given or is likely to give rise to danger, injury, loss, delay or disadvantage of whatsoever nature to the vessel, a vehicle, any person, the goods or any property; or

(ii) has rendered or is likely to render it in any way unsafe, impracticable or unlawful or against the interest of Carrier or Merchant to commence or continue the transport or to discharge Goods at the port of discharge or to deliver Goods at the place of delivery by the route and in the manner originally intended by Carrier, Carrier

(a) at any time shall be entitled to unpack the container(s) or otherwise dispose of Goods in such way as Carrier may deem advisable at the risk and expense of Merchant; and/or
(b) before Good are loaded on the vessel, a vehicle or other means of transport at the place of receipt or port of loading shall be entitled to cancel the contract of carriage without compensation and to require Merchant to take delivery of them and upon his failure to do so, to warehouse or place them anywhere at the risk and expense of Merchant; and/or
(c) if Goods are at a place awaiting transshipment, shall be entitled to terminate the transport there and to store them at any place selected by Carrier at the risk and expense of Merchant, and/or
(d) if Goods are loaded on the vessel, or other means of transport whether or not approaching, entering or attempting to enter the port of discharge or to reach the place of delivery or attempting or commencing to discharge, shall be entitled to discharge Goods or any part thereof at any port or place selected by Carrier or to carry them back to the port of lading or place of receipt and there discharge them. Any action under (c) or (d) above shall constitute complete and final delivery and full performance of this contract, and Carrier thereafter be freed from any responsibility hereunder.

(2) The situations referred to in the preceding paragraph shall include, but shall not be limited to, those caused by the existence or apprehension of war declared or undeclared, hostilities, warlike or belligerent acts or operations, riots, civil commotions or other disturbances; closure of, obstacle in or danger to any canal; blockade of port or place or interdict or prohibition of or restriction on commerce or trading; quarantine, sanitary or other similar regulations or restrictions; strikes, lockouts or other labor troubles whether partial or general and whether or not involving employees of Carrier or his sub-contractors; congestion of port, wharf, sea terminal or any other place; shortage, absence or obstacles of labor or facilities for loading, discharge, delivery or other handling of the goods; epidemics or diseases; bad weather, shallow water, ice, landslip or other obstacles in navigation or haulage.

(3) Carrier shall have liberty to comply with any orders or directions as to loading, departure, arrival, routes, ports of call, stoppages, discharge, destination, delivery or otherwise howsoever given by the government of any nation or of any department or agency thereof or by any person acting or purporting to act with the authority of such government or of any department or agency thereof, or by any committee or person having, under the terms of any war risk insurance on the vessel, the right to give such orders or directions, and if by reason of, and in compliance with, any such orders or directions anything is done or is not done, the same shall not be deemed a deviation, and Carrier shall not be liable for any loss of or damage to or expense with respect to the goods whatsoever, arising from the compliance with any such orders or directions.

DESCRIPTON OF GOODS.

Any reference on the face hereof to marks, numbers, description, quality, quantity, gauge, weight, measure, nature, kind, value and any other particulars of Goods is as furnished by Merchant, and Carrier shall not be responsible for the accuracy thereof. Merchant warrants to Carrier that the particulars furnished by him are correct and shall indemnify Carrier against all loss, damage, expenses, liability, penalties and fines arising or resulting from inaccuracy thereof.

CARRIER’S CONTAINERS.

If Goods are not received by Carrier already packed into container(s) at the time of receipt, Carrier shall be at liberty to pack and carry them in any type of container(s).
CONTAINER PACKED BY MERCHANT.

If Carrier receives Goods already packed into container(s) by or on behalf of Merchant:

(1) this Bill of Lading is prima facie evidence of the receipt only of the number of container(s) as shown on the face hereof; and the order and condition of the contents are any particular thereof (including marks and numbers, number and kind of packages or pieces, description, quality, quantity, gauge, weight, measures, nature, kind and value) are unknown to Carrier, who accepts no responsibility in respect thereof;

(2) Merchant warrants that the stowage of the contents of container(s) and their closing and sealing are safe and proper and also warrants that the container(s) and contents thereof are suitable for handling and carriage in accordance with the terms hereof; in the event of Merchant’s breach of said warranties, Carrier shall not be responsible for loss of or damage to or in connection with Goods resulting from said breach and Merchant shall be liable for loss of or damage to any other property, or for personal injury or the consequences of any other accidents or events whatsoever and shall indemnify Carrier against any kind of loss or liability suffered or incurred by Carrier on account of the said accidents or events;

(3) Merchant shall inspect the container(s) when the same are furnished by or on behalf of Carrier, and they shall be deemed to have been accepted by Merchant as being in sound and suitable condition for the purpose of the transport contracted herein, unless he gives notice to the contrary in writing to Carrier;

(4) if the container(s) are delivered by Carrier with seals in tact, such delivery shall be deemed as full and complete performance of Carrier’s obligation hereunder and Carrier shall not be liable for any loss of or damage to the contents of the container(s); and

(5) Carrier shall be at liberty to open the container(s) and to inspect the contents of the container(s) without notice to Merchant at such time and place as Carrier may deem necessary and all expenses incurred therefrom shall be borne by Merchant; in case the seals of container(s) are broken by the customs or other authorities from inspection of the contents of the said container(s), Carrier shall not be liable for any loss, damage, expense or any other consequences arising or resulting thereform.

DANGEROUS GOODS.

(1) Carrier undertakes to carry the goods of explosives, inflammable, radioactive, corrosive, damaging, noxious, hazardous, poisonous, injurious or dangerous nature only upon Carrier’s acceptance of a prior written application by Merchant for the carriage of such goods. Such application must accurately state the nature, name, label and classification of the goods as well as the method of rendering them innocuous, with the full names and addresses of the shipper and the consignee. (2) Merchant shall undertake that the nature of the goods referred to in the preceding paragraphs is distinctly and permanently marked and manifested on the outside of the package(s) and container(s) and shall also undertake to submit the documents or certificates.

DECK CARGO.

Carrier has the right to carry Goods in container(s) under deck or on deck. When Goods are carried on deck, Carrier shall not be required to specially note, mark or stamp any statement of "on deck stowage" on the face of this Bill of Lading, and Goods so carried shall be subject to the applicable US COGSA, Hague Rules, Hague-Visby Rules or other laws set forth Article 2 hereof and shall be deemed to be carried under deck stowage for all purposes including General Average.

HEAVY LIFT.

(1) The weight of a single piece or package exceeding 2,240 lbs. gross must be declared by Merchant in writing before receipt by Carrier and must be marked clearly and durably on the outside of the piece or package in letters and figures not less than two inches high. (2) In case of Merchant’s failure in his obligations under the preceding paragraph, Carrier shall not be responsible for any loss of or damage to or in connection with Goods, and Merchant shall be liable for loss of or damage to any property or for personal injury arising as a result of Merchant’s said failure and shall indemnify Carrier against any kind of loss or liability suffered or incurred by Carrier as a result of such failure.

DELIVERY.

(1) Carrier shall have the right to deliver Goods at any time from or at Vessel’s side, craft, custom-house, warehouse, wharf, quay or any other place or point designated by Carrier within the geographical range of the port of discharge or place of delivery shown on the face hereof.

(2) In any case Carrier’s responsibility shall cease when Goods have been delivered to Merchant, his agents or servants, inland carriers or any other persons entitled to receive Goods at the delivering place designated on the face hereof.

(3) If Goods are delivered to or taken into the custody of customs or other government officials, such action shall constitute complete and final discharge of Carrier’s obligation hereunder.

(4) In case Goods were received by Carrier already packed into container(s) by or on behalf of Merchant, Carrier shall only be responsible for delivery of the total number of container(s) shown on the face hereof, and shall not be required to unpack the container(s) and deliver the contents thereof in accordance with brands, marks, numbers, sizes, or types of packages or pieces.

(5) If Merchant fails to take delivery of the goods or part of them upon expiration of free time prescribed in Carrier’s tariffs, Goods shall be deemed to have been delivered to Merchant and Carrier may with or without notice, but subject to its lien right, unpack Goods if packed in container and/or store or warehouse Goods or any part thereof in the open or under cover at the sole risk and expense of Merchant.

(6) If Goods are unclaimed during a reasonable time, or whenever in Carrier’s opinion, Goods will become deteriorated, decayed or worthless, Carrier may, at his discretion and subject to his lien and without any responsibility attaching to him, sell, abandon or otherwise dispose of such goods solely at the risk and expenses of Merchant.

FIRE.

Carrier shall not be liable for any loss or damage wheresoever and whensoever occurring by reason of any fire whatsoever, including the occurring before loading on or after discharge from the vessel, unless such fire shall have been caused by the actual fault or privity of Carrier.

NOTICE OF CLAIM AND TIME FOR SUIT.

(1) Unless notice of loss or damage and the general nature of such loss or damage be given in writing to Carrier at the port of discharge or place of delivery before or at the time of delivery of Goods or, if the loss or damage be not apparent, within 3 days after delivery, Goods shall be deemed to have been delivered as described in this Bill of Lading.

(2) In any event Carrier shall be discharged from all liability in respect of non-delivery, misdelivery, delay, loss or damage unless suit is brought within one year after delivery of Goods or the date when Goods should have been delivered.
LIMITATON OF LIABILITY.

(1) All claims for which Carrier may be liable shall be adjusted and settled on the basis of Merchant’s net invoice costs, plus freight and insurance premium, if paid. In no event shall Carrier be liable for any loss of possible profit or any consequential loss.

(2) As far as the loss of or damage to or in connection with Goods occurred during the part of carriage to which the US COGSA, Hague Rules, Hague-Visby Rules or any other laws as set forth Article 1 of this Bill of Lading shall apply, Carrier shall not be liable for loss or damage in an amount exceeding five thousand dollars in U.S. currency (US$500) per package, or in case of goods not shipped in packages, per customary freight unit, unless the value of Goods higher than this amount has been declared in written by Merchant before receipt of Goods and inserted in this Bill of Lading together with nature thereof and extra freight has been paid as provided by Carrier’s tariffs. If the actual value of Goods per package or unit exceeds such declared value, the value shall nevertheless be deemed to be the declared value and Carrier’s liability, if any, shall not exceed the declared value. Any partial loss or damage shall be adjusted pro rate on the basis of such declared value.

(3) Where Goods have been either packed into container(s) or unitized into similar article(s) of transportation by or on behalf of Merchant, it is expressly agreed that the number of such container(s) or similar article(s) of transport shown on the face hereof shall be considered as the number of the package(s) or unit(s) for the purpose of the application of the limitation of liability provided for herein.
FREIGHT AND CHARGES.

(1) Freight may be calculated on the basis of the particulars of Goods furnished by erchant who shall be deemed to have guaranteed to Carrier the accuracy of the contents, weight, measure or value as furnished by him, at the time of receipt of Goods by Carrier, but Carrier may, for the purpose of ascertaining the actual particulars, at any time, open the container(s) and/or package(s) and examine contents, weight, measure and value of Goods at the risk and expense of Merchant. In case of incorrect declaration of the contents, weight, measure or value of Goods, Merchant shall be liable for and bound to pay to Carrier,

(a) the balance of freight between the freight charges and those which would have been due had the correct details been given, plus
(b) as and by way of liquidated and ascertained damages, a sum equal to the correct freight.

(2) Full freight to the port of discharge or place of delivery named herein shall be considered as completely earned on receipt of Goods by Carrier, whether the freight be stated as or intended to be prepaid, or to be collectible at destination. Carrier shall be entitle to all freight and other charges due hereunder, whether actually paid or not, and to receive and retain them irrevocably under any circumstances whatsoever, whether Goods be lost or not. Full freight shall be paid on damaged or unsound Goods.

(3) The payment of freight and/or charges shall be made in full and in cash without any offset, counterclaim or deduction.

(4) Freight and all other charges shall be paid in the currency named in the Bill of Lading, or at the Carrier’s option, in other currency subject to the regulations of the freight conference concerned or custom at the place of payment.

(5) All dues, taxes and charges or other expenses in connection with Good shall be paid by Merchant.

(6) Merchant shall reimburse Carrier in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs of whatever nature caused by war, warlike operations, epidemics, strikes, government directions or force majeure.

(7) The shipper, consignee, owner of Goods and the holder of this Bill of Lading shall be jointly and severally liable to Carrier for the payment of all freight and charges incurred by Goods and for the performance of the obligation of each of them hereunder.

(8) In any legal action brought by Carrier to collect outstanding freight and charges, Carrier is entitled to recover attorneys’ fees, costs of suit and other legal expenses.
LIEN.

Carrier shall have a lien on Goods, which shall survive delivery, for all freight, charges, expenses and any other sums whatsoever payable by or chargeable to or for the account of Merchant or Goods under this Bill of Lading and under any other bills of lading previously issued by Carrier and for the costs and expenses, including attorneys’ fees, of recovering such freight, charges, expenses, etc. and may enforce this lien by public or private sale and without notice. Any surplus from such sale shall be transmitted to Merchant, and Merchant shall be liable for any deficiency in the sale.
GNERAL AVERAGE.

(1) General average shall be adjusted, stated and settled according to York-Antwerp Rules, 1974 and any subsequent amendment thereof at such port or place as may be selected by the Owner of the Vessel. Average agreement or bond and/or such security as may be required by the Owner of the Vessel in any currency must be furnished before delivery of Goods. The Adjustment shall be made by an Adjuster selected by the Owner of the Vessel and his adjustment shall be prima facie evidence as against all interests.

(2) In the event of accident, danger, damage or disaster, before or after commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequence of which the Owner or Vessel is not responsible by statute, contract or otherwise, Goods and Merchant shall jointly and severally contribute with Carrier in general average to the payment of any sacrifices, loss or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of Goods.
BOTH-TO-BLAME COLLISION.

IF Vessel comes into collision with another ship as a result of negligence of the other ship, and any act, neglect or default of the master, mariner, pilot or the servants of the owner of the vessel in the navigation or in the management of the vessel, Merchant shall indemnify Carrier against all loss or liability which might be incurred directly or indirectly to the other or non-carrying ship or her owners in so far as such loss or liability represents loss of or damage to Goods or any claim whatsoever of Merchant paid or payable by the other or non-carrying ship or her owners to Merchant and self-off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against and carrying vessel or the owner thereof. The foregoing provisions shall also apply where the owners, operators or house in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect to a collision or contact.
CARRIER’S TARIFF.

The terms of the applicable tariff(s) of Carrier are incorporated herein. Copies of the relevant provisions of the applicable tariff(s) may be obtained from Carrier upon request. In the event of inconsistency between this Bill of Lading and the applicable tariff(s), this Bill of Lading shall prevail.
LAWS AND JURISDICTION.

The contract evidenced by or contained in this Bill of Lading shall be governed by United States law except as may be otherwise provided herein, and any action thereunder shall be brought before the courts in the County of Los Angeles, State of California, to whose jurisdiction Merchant irrevocably consents.