RECEIVED in apparent good order and condition except as otherwise noted the total number of containers of packages or units enumerated below(*) for transportation from the place of receipt to the place of delivery subject to the terms hereof. One of the original Bill of Lading must be surrendered duly endorsed in exchange for the Goods or delivery order. On presentation of this document (duly endorsed) to the Carrier by or on behalf of the Holder the rights and liabilities arising in accordance with the terms hereof shall (without prejudice to any rule of common law of statute rendering them binding on the Merchant) become binding in all respects between the Carrier and the holder as though the contract evidenced hereby had been made between them.
In witness whereof the number of original Bills of Lading stated below have been signed one of which being accomplished the other(s) to be void.

CONDITIONS : All agreements or freight engagements not expressly contained herein and relating to the shipment of the goods are superseded by this Bill of Lading and all its terms(whether written, typed, stamped or printed) are accepted and agreed by the merchant to be binding as if signed by the merchant, any local customs or privilege to the contrary notwithstanding.
The titles of articles in this Bill of Lading have been printed for convenience only and such titles shall not be considered binding for the purposes of construing or interpreting any clause and/or term and/or word.

1. DEFINITIONS :
(a) "Actual carrier" includes any person to whom the performance of the carriage or any part of aspect thereof has been entrusted and includes any water, rail, motor, air or other transporter utilized by the carrier for any part of the transportation of the shipment covered by this combined Bill of Lading.
(b) "Carriage" means the whole of the operations and services undertaken by the carrier in respect of the goods.
(c) "Carriage by sea" means the carriage of the goods during the period from the commencement of loading onto the vessel until the completion of discharge from the vessel.
(d) "Carrier" means the party named on the face of this document as being the carrier.
(e) "Combined transport" refers to this contract of carriage when it covers the carriage of the goods from the place of receipt from the merchant to the place of delivery to the merchant by the carrier and one or more stages of the carriage involves carriage by a means other than water.
(f) "Container" includes any container, trailer, transport or tank, flat or pallet or any similar article of transport used to consolidate goods.
(g) "Freight" includes all charges payable to the carrier in accordance with the applicable tariff.
(h) "Goods" means the cargo accepted from the shipper and includes any container not supplied by or on behalf of the carrier.
(i) "Holder" includes any person in possession of this Bill of Lading or with any existing or future rights in respect thereof.
(j) "Merchant" includes the shipper, holder, consignee, receiver of the goods or any person owning or entitled to possession of the goods or of this Bill of Lading and anyone acting on behalf of any such person.
(k) "Person" shall include any natural person or legal entity including corporations, partnerships and proprietorships.
(l) "Port to port shipment" arises when the carriage called for by this Bill of Lading is not combined transport.
(m) "Vessel" means the herein-designated sea-going vessel, and shall include any substituted sea-going vessel and/or any sea-going vessel to which transshipment may be made and/or any other sea-going conveyance used in the performance of this contract.

2. WARRANTY :
The merchant warrants that, in agreeing to the terms hereof, he is, or has the authority of, the person owning or entitled to possession of the goods and this Bill of Lading or any rights in respect thereto.

3. CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER PERSONS :
(a) The carrier shall be entitled to subcontract on any terms the whole or any part of the carriage to any actual carrier.
(b) The merchant undertakes that no claim or allegation shall be made against any person or vessel whatsoever, other than the carrier, including, but not limited to, the carrier's servants or agents, any actual carrier or his servants or agents, any independent contractor or his servants or agents, and all others by whom the whole or any part of the carriage, whether directly or indirectly, is procured, performed or undertaken, which imposes or attempts to impose upon any such person or vessel any liability whatsoever in connection with the goods or the carriage; and if any claim or allegation should nevertheless be made to defend, indemnify and hold harmless the carrier against all consequences thereof. Without prejudice to the foregoing every such person and vessel shall have the benefit of all provisions herein benefiting the carrier as if such provisions were expressly for his benefit and in entering into this contract the carrier, to the extent of these provisions, does so not only on his own behalf but also as agent or trustee for such persons and vessels and such persons and vessels shall to this extent be or by deemed to be parties to this contract.
(c) The merchant shall defend, indemnify and hold harmless the carrier against any claim or liability (and any expense arising therefrom) arising from the carriage of the goods insofar as such claim or liability exceeds the carrier's liability under this Bill of Lading.
(d) The defences and limits of liability provided for in this Bill of Lading shall apply in any action against the carrier whether the action be founded in contract or in tort.


4. CARRIER'S RESPONSIBILITY :

(A) Port to port shipment. When the carriage called for by this Bill of Lading is a port to port shipment, subject to (C) below and clause 18 ;
During anytime when the Carrier has any responsibility by law or otherwise with respect to the Goods, the liability of the Carrier for loss of or damage to the Goods shall be determined in accordance with any national law making the Hague Rules(including the U.S. Carriage of Goods by sea Act of 1936) or the Hague-Visby Rules compulsorily applicable to this Bill of Lading or if no such national law is compulsorily applicable, then in accordance with the Hague Rules(The International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, Brussels, August 24, 1924) or the Hague-Visby Rules(Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, Brussels, February 23, 1968)

(B) Combined transport
(1) Where the carriage called for by this Bill of Lading is Combined transport, then subject to (B)(2), (B)(3), (C) below and clause 18 ;
(a) The Carrier shall be liable for loss of or damage to the Goods occurring between the time that the Goods are accepted for transportation at the place of receipt until the time that the Goods are delivered at the place of delivery. The Carrier shall, however, not be liable for loss or damage arising or resulting from :
(ⅰ) the wrongful act or neglect of the Merchant ;
(ⅱ) compliance with the instructions of the person entitled to give them ;
(ⅲ) the lack or insufficiency of or the defective condition of packing of the Goods which by their nature, are liable to wastage or to be damaged when not packed or when not properly packed ;
(ⅳ) handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant ;
(ⅴ) inherent vice or latent defects of the Goods ;
(ⅵ) insufficiency or inadequacy of marks or numbers on the Goods, containers, transportable tanks, flats, cases or coverings ;
(ⅶ) strikes or lockouts or stoppage or restraint of labour from whatever cause whether partial or general ;
(ⅷ) any cause or event which the Carrier could not avoid, and any consequences thereof the Carrier could not prevent even by exercising due diligence ;
(b) Where under (a) the Carrier is not liable in respect of some of the factors causing the loss of or damage to the Goods, he shall only be liable to the extent that those factors for which he is liable have contributed to the loss of or damage to the Goods.
(c) The burden of proving that the loss of or damage to the Goods was due to one or more of the causes or events specified in (i), (ii) and (viii) of (a) shall rest upon the Carrier. Where the Carrier establishes that, in the circumstances of the case, the loss of or damage to the Goods could be attributed to one or more of the causes or events specified in (iii) to (vii) of (a), it shall be presumed that it was so caused. The Merchant shall, however, be entitled to prove that the loss of or damage to the Goods was not, in fact, caused either wholly or partly by one or more of these causes or events.
(2) Subject to (C), below and Clause 18, if it can be proved during which stage of transport the loss of or damage to the Goods occurred (and the Merchant agrees there shall be no presumption that such loss of or damage to the Goods occurred during any particular stage of transport) the Carrier and the Merchant shall, as to the liability of the Carrier, be entitled to require such liability to be determined by :
(a) the provisions contained in any international convention or national law, which provisions cannot be departed from by private contract, to the detriment of the Merchant, and would have applied if the Merchant had made a separate and direct contract with the Carrier with respect to the particular stage of transport where the loss of or damage to the Goods occurred and if the Merchant received as evidence thereof any particular document which must be issued if such international convention or national law shall apply. An international convention or national law shall be applied as aforesaid only if it would have been applicable.
(i) where the loss of or damage to the Goods occurred between the time when the Goods were received by the Carrier for transportation and the time when the Goods were loaded at the port of loading, by the domestic law of the state of the place of receipt ; or
(ii) where the loss of or damage to the Goods occurred during carriage by sea, by the domestic law of the final port of discharge ; or
(iii) where the loss of or damage to the Goods occurred between the time when the Goods were discharged at the final port of discharge and the time when the Goods were delivered to the Merchant by the domestic law of the state of the place of delivery ; or
(b) Subject to (a) above
(i) The Hague-Visby Rules if the loss of or damage to the Goods is proved to have occurred at sea or on inland waterways. For the purposes of this sub-clause(i) and subject to (C)(i) below, the limitation of liability under the Hague-Visby Rules shall be deemed to be 666 SDR per package or unit, and references in the Hague-Visby Rules to carriage by sea shall include references to carriage by inland waterways ; or
(ii)The applicable Chinese laws, regulations and the standard Chinese road transportation clauses, if the loss of or damage to the Goods is proved to have occurred during carriage by road in China. ; or
(iii) The applicable Chinese laws, regulations and the standard railroad transportation clauses, if the loss of or damage to the Goods is proved to have occurred during carriage by rail in China.
(3) If the carriage undertaken by the Carrier is limited to the carriage from a Container Yard (CY) or Container Freight Station (CFS) in or immediately adjacent to the sea terminal at the port of loading to a CY or CFS in or immediately adjacent to the sea terminal at the port of discharge, the liability of the Carrier shall be determined by the national law applicable to the carriage by sea under paragraph (2)(a) above. If it cannot be established at which stage of carriage the loss of or damage to the Goods occurred, the Hague-Visby Rules shall apply.
(4) Compensation to the Merchant, if any, shall in no event exceed US$2 per kilo of gross weight of the Goods lost or damaged.

(C) General.
(a) For the purpose of determining the amount of the Carrier's liability for loss of or damage to the Goods, the value of the Goods shall be the invoice value of the Goods plus freight and insurance premium if actually paid.
(b) If there is no invoice value of the Goods, such compensation shall be calculated by reference to the value of such Goods at the place and time they have delivered to the Merchant in accordance with the contract or should have been delivered. The value of the Goods shall be fixed according to the commodity exchange price or, if there be no such price, according to the current market price, if there be no commodity exchange price or current market price, by the reference to the normal value of Goods of the same kind and quality.
(c) Whenever the Hague-Visby Rules are applicable in determining the amount of the liability of the Carrier, the liability shall in no event exceed 666 SDR per package or unit of the lost or damaged Goods.
(d) The Carrier does not undertake that the Goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular market or use and save as provided in this Clause 4 the Carrier shall in no circumstances be liable for any indirect or consequential loss or damage caused by delay.
(e) Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage arising from any other cause.
(f) The Notice of loss or damage. The Carrier shall be deemed prima facie to have delivered the Goods as described in the Bill of Lading unless of loss of or damage to the Goods indicating the general nature of such loss or damage shall have been given in writing to the Carrier or to his representative at the place of delivery before or at the time of removal or the Goods into the custody of the person entitled to delivery thereof under this Bill of Lading, or, if the loss or damage is not apparent, within three consecutive days thereafter.
(g) Time bar. Subject to any provision of this Bill of Lading to the contrary, the Carrier shall be discharged of all liability under this Bill of Lading unless suit is brought and notice thereof given to the Carrier within 12 months after delivery of the Goods or after the date on which the Goods should have been delivered.
(h) Supply of containers. The terms of this Bill of Lading shall govern the responsibility of the Carrier in connection with or arising out of the supply of a container to the Merchant whether before or after the Goods are received by the Carrier for carriage or delivery to the Merchant.
(i) Ad valorem declaration of value. If the U.S. Carriage of Goods by sea Act of 1936 governs the Carrier's liability, neither the Carrier not the vessel shall in any event become liable for any loss of or damage to or in connection with the carriage of the Goods in an amount exceeding $500 per package in lawful money of the United States of America., or in case of Goods not shipped in package, per customary freight unit, or the equivalent of that sum in other currency, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading in the space captioned "Description of Goods" and extra freight paid on such declared value if required. If the U.S. carriage of Goods by sea Act of 1936 does not govern the Carrier's liability, the liability of the Carrier, if any, shall not exceed the limits prescribed in any applicable national law or international convention unless the nature and value of the Goods have been declared by the Merchant and inserted in this Bill of Lading in the space captioned "Description of Goods" and extra freight paid on such declared value if required. In each such case, the declared value if embodied in this Bill of Lading shall be the basis for calculating the Carrier's liability, if any, provided that such declared value shall be prima facie evidence, but shall not be conclusive on the Carrier and further provided that such declared value does not exceed the true value of the Goods at destination. Any partial damage shall be adjusted pro rata on the basis of such declared value.
(j) Scope of Application. Save as otherwise provided herein, the Carrier shall, in no circumstances howsoever arising, be liable for indirect or consequential loss of or damage to the Goods. The defences and limits of liability provided for in this Bill of Lading shall apply in any action against the Carrier for loss of or damage to or delay of the Goods whether the action be founded in contract or in tort.
(k) The Carrier shall be entitled to the benefits of and rights to all limitations of, or exemptions from, liability authorized by any provision of law governing this Bill of Lading and/or the receipt, carriage, custody and delivery of the Goods. Nothing contained in this Bill of Lading shall be deemed or construed to be a waiver or surrender of any of the Carrier's rights or immunities or to increase any of the Carrier's responsibilities or liabilities.

5. MERCHANT'S RESPONSIBILITY :
(a) The description and particulars of the Goods set out on the face hereof are furnished by the Merchant and the Merchant warrants to the Carrier that the description and particulars of Goods, including, but not limited to, weight, content, measure, quantity, quality, condition, marks, numbers and value are correct.
(b) The Merchant shall comply with all applicable laws, regulations and requirements of customs, port and other authorities, and shall bear and pay all duties, taxes, fines, imports, expenses and losses incurred or suffered by reason of any illegal, incorrect or insufficient making, numbering or addressing of the Goods.
(c) The Merchant undertakes that the Goods are packed in the manner adequate to withstand the ordinary risks of carriage according to their nature and in compliance with all laws, regulations and requirements which may be applicable.
(d) No Goods which are or may become dangerous, inflammable or harmful to any property or person whatsoever shall be tendered to the Carrier for carriage without the Carrier's express consent in writing and without the container or other covering in which the Goods are to be carried and the Goods being distinctly marked on the outside so as to indicate the nature and character of any such Goods and so as to comply with all applicable law, regulations and requirements. If any such Goods are delivered to the Carrier without such written consent and making or if in the opinion of the Carrier the Goods are or may become of dangerous, inflammable or harmful nature, the same may at any time be destroyed, disposed of, abandoned, or rendered harmless without any compensation to the Merchant and without prejudice to the Carrier's right to impose necessary charges upon the Merchant.
(e) The Merchant shall be liable for the loss damage, contamination, soiling, detention or demurrage in respect of property (including, but not limited to containers) of the Carrier or of any person or vessel (other than the Merchant) referred to in 3 (b) above caused by the Merchant or any person acting on his behalf or for which the Merchant is responsible.
(f) The Merchant shall defend, indemnify and hold harmless the Carrier against any losses, damages, claims, liabilities or expenses whatsoever arising from any breach of the provisions of this Clause 5 or from any cause in connection with the Goods for which the Carrier is not responsible.

6. CONTAINERS PACKED BY SHIPPER :
(a) Without waiver of or deviation from any other provisions in this Bill of Lading, it is specifically agreed that if a container has not been packed or filled by or on behalf of the Carrier or any Actual carrier, the Carrier or the Actual Carrier shall not be liable for :
(ⅰ) the manner in which the container has been packed or filled ;
(ⅱ) the unsuitability of the Goods for carriage in the container ; or
(ⅲ) the unsuitability or defective condition of the container .
(b) If the container is delivered by the Carrier with the seals intact, such delivery shall be deemed as full and complete performance of the Carrier's obligations hereunder and the Carrier shall not be liable for any loss of or damage to the contents of the container.
(c) The Merchant shall indemnify the Carrier against any loss or damage, liability or expense whatsoever and howsoever arising caused by one or more of the matters referred to in sub paragraph (a) above.
(d) All costs of stripping cargo from such containers will be for the account of the Merchant and/or the consignee unless this Bill of Lading is endorsed to the effect that " Cargo stripping costs are prepaid."

7. INSPECTION OF GOODS :
The Carrier shall be entitled at any time but under no obligation to open any container, or package and to inspect the contents thereof. If it thereupon appears to the Carrier that the contents or any part thereof cannot safely or properly be carried or carried further without incurring additional expenses or taking any measures in relation to any container, package or the contents, the Carrier may, in its sole discretion, abandon the carriage thereof and take any measures and incur any reasonable additional expenses to continue the carriage or to store the same ashore or afloat, under cover or in the open, at any place, which storage shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnity the Carrier against any expenses so having been incurred.

8. ACCURACY OF DESCRIPTION OF GOODS :
Any statement on this Bill of Lading relating to marks and numbers, and kind of package, description, quantity, quality, weight, measure, nature, kind, value or other particulars of the contents of container(s) not packed or filled by or on behalf of the Carrier are deemed to have been furnished by the Merchant and are unknown to the Carrier, and the Carrier shall not be imposed any liability in respect thereof. Any acknowledgment of the Carrier is confined to the numbers and apparent condition of the container(s).


9. SCOPE OF VOYAGE :
The Vessel may, at any time whatsoever whether before or after proceeding towards or calling at the port of discharge, proceed by any route whatsoever in the Carrier, Actual carrier or Master's absolute discretion (whether or not such route is the nearest most direct or customary or advertised route between the port of shipment or discharge) and (but without prejudice to the foregoing) may tow or be towed, sail with or without pilots and/or tugs, sail at reduced speed for any purpose whatsoever, tip or list the vessel for inspection and/or repairs and proceed under sail and adjust navigational instruments and engage in trial trips of any description (including speed, engine and all other tests whatsoever) whether loaded or unloaded and whether during such trial trips the Vessel be manned or navigated either wholly or partially by the Carrier's Master, officers, servants or agents or any other person, and may carry live animals and every description of cargo on deck, and further may carry (whether on or below deck or both) explosives, munitions or warlike stores of dangerous cargo of every kind to any extent and may sail armed or unarmed and may proceed or stay at any port of place whatsoever for loading or discharging mails and/or cargo and/or stores and/or fuel (whether intended to be used or carried on this or any other voyage of the Vessel or for storage or sale), embarking or disembarking passengers, pilots, officers, engineers or crew, towing or assisting vessels in all situations, saving life of property or for inspection of or repairs to the Vessel or any part thereof, dry-docking with of without the goods on board, bunkering, for the convenience or entertainment of passengers or for the convenience or exigencies of the mail service (whether the foregoing purposes or any of them be for this or any other voyage) or for any other purposes whatsoever and may otherwise sail, proceed or stay in any manner or for any purpose whatsoever (even if making in substance another voyage or other voyage, and all such routes, ports, places, sailing and actions shall be deemed to be included within the contractual and intended voyage and any departure in pursuance of the liberties hereby conferred shall be permissible under this Bill of Lading. The liberties hereby conferred shall not be considered as restricted by any words in this Bill of Lading whether written or printed or by any circumstances attending or preceding the shipment of the goods or by the nature of the goods or construed by reference to whether any departure pursuant to such liberties would or should not frustrate the object of this Bill of Lading, or any custom or rule or law, rule or law, notwithstanding unseaworthiness or unfitness of the Vessel at the commencement or at any stage of the voyage.

10. CARRIER'S LIBERTIES IN SPECIAL CIRCUMSTANCES :
In any situation whatsoever or whensoever occurring and whether existing or anticipated before commencement of or during the voyage, which, in the reasonable judgment of the carrier, any Actual carrier or Master, is likely to give rise to risk of capture, seizure, arrest, detention, quarantine, damage, delay or disadvantage to or loss of the Vessel or any passenger or any part of her cargo, or to make it unsafe, imprudent or unlawful for any reason to proceed on or continue the voyage or to enter or discharge the Goods at the port of discharge or to give rise to delay or difficulty in arriving, discharging at the usual place of discharge in such port, the Master, whether or not proceeding toward or entering or attempting to enter the port of discharge or reaching or attempting to reach the usual place of discharge therein or attempting to discharge the Goods there may, without giving any prior notice, discharge the Goods into store or craft or otherwise. Alternatively, the Master may retain the Goods on board until the return trip or until such time as he or the Carrier or any Actual carrier think advisable, or the Master may, whether on the return to or stop at or off such other port or place whatsoever as he or the Carrier or any Actual carrier may consider safe or advisable under the circumstances, and discharge the Goods or any part thereof into store or craft or otherwise there without giving any prior notice. In any such case the Goods, when discharged as hereinabove provided, shall be at the Merchant's risks and expense and such discharge shall constitute due delivery thereof by the Carrier under this Bill of Lading and the Carrier or any Actual carrier shall be freed from any further responsibility in respect thereof.

11. CARRIER'S LIABILITIES: EVENT OF WAR
In the event of the imminence or existence of war between any nations, or civil war prohibition, restriction or control by any Government of intercourse, commercial, or otherwise, with any country from, at, or to which the Vessel normally proceeds or calls, control or direction by any government or other authority of the use or movements of the Vessel or the insulated or other space in the Vessel, the Carrier or any Actual carrier and or his agents and/or the master, if he or they consider that the Vessel or her Master, officers, crew, passengers, or any of them, or cargo or any part thereof will be subject to loss, damage, injury, detention or delay in consequence of the said war, civil war, prohibition, restriction, control or direction, may at time before or after the commencement of the voyage vary or depart from the proposed or advertised or agreed or customary route or voyage and/or delay or detain the vessel and/or discharge the cargo (for delivery or storage or transshipment) at or off any port or ports, place or places without being liable for any loss or damage whatsoever directly or indirectly sustained by the Merchant. If and when the Goods are so discharged at such port or ports, place or places, they shall be landed or put into craft or vessels at the expense and risk of the Merchant and the Carrier's responsibility shall cease at the Vessel's rail. The Carrier, Actual carrier, Master or agents should give notice of such discharge to the consignee of the Goods so far as he is known. The Vessel, in addition to any liberties expressed or implied herein, shall have liberty to comply with any orders or directions as to departure, arrival, route, voyage, ports of call, delay, detention, discharge (for delivery or storage or transshipment, or otherwise howsoever) given by any Government or any department thereof, including any defacto Government or local authority, or by local authority, or by any belligerent or by any State or organized body engaged in civil war, hostilities or warlike operations, or any person acting or purporting to act with the authority of any government or of any department thereof, or by any committee or person having under the terms or War Risks insurance on the Vessel the right to give such orders or directions, and if by reason of or in compliance with any such orders or directions. If by reason of the exercise by the Carrier of any other liberty mentioned in this clause anything is done, or is not done, the same shall be within this contract. Discharge under any liberty mentioned in this clause shall constitute due delivery of the Goods under this Bill of Lading, and the Merchant shall bear any pay all charges and expenses resulting from such discharge. The full freight stipulated herein, if not paid, shall on such discharge become immediately due and payable by the Merchant, and if freight has been prepaid, the Carrier shall be entitled to retain the same.

12. FREIGHT AND CHARGES :
(a) Freight shall be payable, at the Carrier's option, on gross intake weight or measurement, or gross discharge weight or measurement, or on an ad valorem basis or package or customary freight unit basis or any other applicable rate set forth in the Carrier's tariff. Freight may be calculated on the basis of the description of the Goods furnished by the Merchant, however, the Carrier may at any time weigh, measure and value the Goods and open package or customary freight units to examine contents. In case the Merchant's description is found to be erroneous and additional freight is payable, the Merchant and the Goods shall be liable for any additional freight and for any expense incurred in examining, weighing, measuring, fumigating and valuing the Goods.
(b) Full freight to the port of discharge, or in case of Combined transport, to the place of delivery named herein, and all advance charges against the Goods shall be considered completely earned on receipt of the Goods by the Carrier or Actual carrier as the case may be, whether the freight or charges be prepaid or be stated or intended to be prepaid or to be collected at the port of discharge or destination or subsequently, and the Carrier shall be entitled absolutely to all freight and charges, whether actually paid or not, and to receive and retain them under all circumstances whatever, the Vessel and/or the Goods lost or not lost or the voyage changed, broken off, frustrated or abandoned. Freight and all other charges shall be paid in full without deduction whether the Goods or their packaging or container be lost, damaged or delayed.
(c) Even if the Merchant has any claims against the Carrier, the Merchant shall pay all freights and charges in full without any set-off counterclaim or deduction in the currency named in this Bill of Lading or, at the Carrier's option, in its equivalent in local currency at the bank demand rates of exchange in New York as of the date on which payment of freight shall be due hereunder. Any error in freight or charges or in the classification herein of the Goods may be corrected by the Carrier in its sole discretion, and if on correction, the freight charges are higher, the Carrier may collect the additional amount.
(d) Each and every person comprised in the definition of the Merchant of the Goods shall be jointly and severally liable to the Carrier for the payment of all freight, demurrage, and general average, salvage and other charges, including but not limited to port costs, expenses and reasonable legal fees incurred in collecting sums due to the Carrier. Payment of ocean freight and charges to a freight forwarder of broker or anyone other than the Carrier shall not be deemed payment to the Carrier and shall be at the payer's sole risk.

13. METHODS AND ROUTE OF CARRIAGE :
(a) The Carrier or any Actual carrier may, at any time and without notice to the Merchant, use any means of carriage or storage whatsoever, load or carry the Goods on any vessel whether named on the face hereof or not ; transfer the Goods from one conveyance to another including trans-shipping or carrying the same on another vessel than that named on the face hereof or by any other means of carriage whatsoever at any place ; unpack and remove the Goods which have been stuffed in a container and forward the same in any manner whatsoever, proceed at any speed and by any route in its discretion (whether or not the nearest or most direct or customary or advertised route) and proceed to or stay at any place whatsoever once or more often and in any order ; load or unload the Goods from any conveyance at any place (whether or not the place is a port named on the face hereof as the intended port of loading or intended port of discharge) ; comply with any orders or recommendations given by any government or authority or any person or body acting or purporting to act as or on behalf of such government or authority or having under the terms of the insurance or the conveyance employed by the Carrier the right to give orders or directions ; permit the Vessel to proceed with or without pilots, to tow or be towed or to be dry-docked ; permit the Vessel to carry livestock, Goods of all kinds, dangerous, or otherwise, contraband, explosives, munitions or warlike stores and sail armed or unarmed.
(b) The liberties set out in (a) above may be invoked by the Carrier or any Actual carrier for any purposes whatsoever whether or not connected with the carriage of the Goods. Anything done in accordance with (a) above or any delay arising therefrom shall be deemed to be within the contractual carriage and shall not be a deviation.


14. LIEN :
The Carrier shall have a lien on the Goods and any documents relating thereto and any freight or sub-freights for all sums payable to the Carrier under this Bill of Lading and for general average and salvage contributions to whomever due and for the costs of recovering the same and, for that purpose, shall have the right to sell the Goods by public auction or private treaty without notice to the Merchant.

15. OPTIONAL STOWAGE :
(a) The Goods may be packed by the Carrier in containers.
(b) Goods packed in containers whether by the Carrier or by the Merchant may be carried on deck or under deck without notice to the Merchant.

16. DECK CARGO AND LIVESTOCK :
Goods which are stated herein to be carried on deck (whether or not carried on deck) are carried without any responsibility on the part of the Carrier or any Actual carrier for any loss, damage or delay whatsoever howsoever caused. In the event of the Master in his sole discretion considering that any livestock is likely to be injurious to the health of any other livestock or any person on board or to cause the Vessel to be delayed or impeded in the prosecution of the voyage, such livestock may be destroyed and thrown overboard without any liability attaching to the Carrier. The Merchant shall indemnify the Carrier against the cost of veterinary services on the voyage and of providing forage for any period during which the carriage is delayed for any reason whatsoever and of complying with the regulations of any authority of any country whatsoever with regard to such livestock.

17. REFRIGERATED CARGO :
(a) The Merchant undertakes not to tender for transportation any Goods which require refrigeration without previously giving written notice of the nature and particular temperature range to be maintained. In case a refrigerated container has been packed by or on behalf of the Merchant, further undertakes that the Goods have been properly stowed in the container and that its thermostatic controls have been adequately set by him before receipt of the Goods by the Carrier. If the above requirements are not complied with the carrier shall not be liable for any loss of or damage to the Goods howsoever arising.
(b) The Carrier shall not be liable for any loss of or damage to the Goods arising from latent defects, derangement, breakdown, stoppages of the refrigerating machinery, plant, insulation and/or any apparatus of the container. Vessel, conveyance, and any other facilities, provided that the Carrier shall before or at the beginning of the transport exercise due diligence to maintain the refrigerated container in efficient state.


18. DISCHARGE, DELIVERY AND NOTIFICATION :

(a) Any mention herein of parties to be notified of the arrival of the Goods is solely for the information of the Carrier, and failure to give such notification shall not impose the Carrier any liability nor relieve the Merchant of any obligations hereunder.
(b) Where the carriage called for by this Bill of Lading is Port to port shipment, the Carrier shall be at liberty to discharge the Goods or a part thereof without notice, at or to any wharf, craft or place, on any day at any time, whereupon the liability of the Carrier (if any) in respect of the Goods or a part thereof discharged shall wholly cease notwithstanding any custom at the port to the contrary. The Merchant shall take delivery of the Goods upon discharge and all expenses incurred by reason of the Merchant's failure to take delivery of the Goods shall be for the Merchant's account.
(c) Where the carriage called for by this Bill of Lading is Combined transport, the Merchant shall take delivery of the Goods forthwith upon arrival at the place of delivery.
(d) If delivery of the Goods or part thereof is not taken by the Merchant at the time and place when and where the Carrier is entitled to call upon the Merchant to take delivery thereof, whether the carriage called for by this Bill of Lading is Port to port shipment or Combined transport, the Carrier or any Actual carrier shall be entitled without notice to unstow the Goods or part thereof if stowed in containers and/or to store the goods, part thereof ashore, afloat in the open or under cover at the sole risk of the Merchant and the Goods. Such storage shall constitute due delivery hereunder and thereupon liability of the Carrier in respect of the Goods or that part thereof stored shall wholly cease and the cost of such storage (if paid or payable by the Carrier or any Actual carrier or any agent or subcontractor of the Carrier) shall upon demand be paid by the Merchant to the Carrier.
(e) If the Merchant fails to take delivery of the Goods for thirty days after it becomes due under Clause (b) or (c) above, or if in the opinion of the Carrier or any Actual carrier the Goods are likely to deteriorate, decay, become worthless or incur charges whether for storage or otherwise in excess of their value, whether the carriage is Port to port shipment or Combined transport, the Carrier may without prejudice to any other rights which he may have against the Merchant, without notice and without any responsibility attaching to him, sell or dispose of the Goods and apply the proceeds of sale to reduce the sums due to the Carrier from the Merchant under this Bill of Lading.

19. VESSEL ON CHARTER :
In case of Goods being carried by a Vessel not belonging to the Carrier but chartered by him, the Carrier shall be entitled to any and all rights, demurrers, prescriptions, exemptions and limitations of liability available to the owners of the Vessel, as if the Bill of Lading has been issued by the Owner of the Vessel or on his behalf.

20. BOTH-TO-BLAME COLLISION CLAUSE :
If the Vessel comes into contact with another ship as a result of the negligence of the other ship and the negligence of the Vessel and/or act, neglect or default of the master, mariner, pilot or the servants of the Carrier or any Actual carrier in the navigation or the management of the Vessel, the owners of the Goods carried hereunder indemnify the Carrier against all loss or liability to the other or non-carring ship or her owners insofar as such loss or liability represents loss of or damage to, or any claim whatsoever of the Merchant, paid or payable, by the other or non-carrying ship or her owners to the Merchant and set off, recouped or recovered by the other non-carrying ship or her owners as part of their claim against the Vessel or her owners or demise charterers or the Carrier or any Actual carrier. The foregoing provisions will also apply where the owners, operators or those 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 of a collision, stranding or other accident.

21. GENERAL AVERAGE :
General average shall be adjusted according to the York/Anwerp rules 1974 at any port or place at the option of the Carrier whether declared by the Carrier or any Actual carrier. The Merchant shall give such cash deposits or other security as the Carrier may deem sufficient to cover the estimated general average contribution of the Goods before delivery if the Carrier requires or if the Carrier does not so require within 3 months of the delivery of the Goods, whether or not at the time of delivery the Merchant had notice of the Carrier's lien. The Carrier shall be under no obligation to exercise any lien for general average contribution due to the Merchant. In the event of accident. danger, damage or disaster before or after the commencement of the voyage for the consequence of which the Carrier or any Actual carrier is not responsible by statute, contract or otherwise, the Merchant shall contribute with the Carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges. If a salving vessel is owned or operated by the Carrier or any Actual carrier, salvage shall be paid as fully as if the salving vessel belonged to strangers. Such deposit as the Carrier or his agent may deem sufficient to cover the estimated contribution of the Goods and any salvage or special charges shall be required to be made by the Merchant.

22. VARIATION :
No servant or agent of the Carrier or any Actual carrier has power to waive or vary any of the terms of this Bill of Lading.

23. VALIDITY :
If, for any reason whatsoever, it shall be held that any clause or part of the clause of this Bill of Lading is wholly or partly invalid it shall not affect the effectiveness of the other clauses which shall remain valid.

24. GOVERNING LAW AND JURISDICTION :
This Bill of Lading shall be governed by the laws of the Peoples' Republic of China and any disputes arising from this Bill of Lading shall be referred to the exclusively jurisdiction of the Courts of the Peoples' Republic of China, if the port of discharge is or has been located in the Peoples' Republic of China. On the other hand, this Bill of Lading shall be governed by Korean laws and any disputes arising from this Bill of Lading shall be referred to the exclusive jurisdiction of the Seoul District Court, if the port of discharge is or has been located elsewhere (including the Republic of Korea).