MORRISON EXPRESS CORPORATION (U.S.A.

)
OCEAN OR MULTIMODAL TRANSPORT BILL OF LADING
CONSIGNOR JOB NO.: CN218C21100004 B/L NO.: CN2182100159
CHONGQING HALIFAX ELEVATORS CO.,LTD
BLOCK 8 CREATIVE PARK, SHI PIN CHENG AVENUE,
YUBEI DIST, CHONGQING, 401120, P.R.CHINA
TEL: +86 23 8687 9875 +86 186 2332 2677
USCI : 91500112MA61AL422E MS WEI

CONSIGNEE

JE24 CONSTRUCTION SUPPLIES TRADING

OTI LIC NO: 4629 NF
RM 417-B 4F CHAMP BLDG., BONIFACIO DRV.,
PORT AREA MANILA 1006
CONTACT PERSON : MR. RICKY NATALIO
CONTACT NUM: +63 905 767 9439 TIN#:474679665000 ONWARD INLAND ROUTING

NOTIFY PARTY POINT AND COUNTRY OF ORIGIN NO. OF ORIGINAL B/L

JE24 CONSTRUCTION SUPPLIES TRADING 0
RM 417-B 4F CHAMP BLDG., BONIFACIO DRV.,
ALSO NOTIFY
PORT AREA MANILA 1006
CONTACT PERSON : MR. RICKY NATALIO
CONTACT NUM: +63 905 767 9439 TIN#:474679665000

PLACE OF RECEIPT LADEN ON BOARD DATE TO OBTAIN DELIVERY CONTACT

SHANGHAI 2021/10/20 MORRISON EXPRESS PHILIPPINES, INC.
ROOM NO. 121B SKYFREIGHT CENTER
NAME OF THE VESSEL/VOYAGE PORT OF LOADING NINOY AQUINO AVENUE
ZHONG WAI YUN XIN GANG / 2119S SHANGHAI PARANAQUE CITY
PHILIPPINES
PORT OF DISCHARGE PLACE OF DELIVERY
MANILA MANILA

ACCORDING TO THE DECLARATION OF THE CONSIGNOR

MARKS AND NUMBERS NAME AND KIND DESCRIPTION OF GOODS GROSS WEIGHT MEASUREMENT
CONTAINER & SEAL NO NO. OF PACKAGES

CNTR#SNBU4157487/7298509/LCL(CFS/CFS STC 14 WOODEN BOXES 1768 KGS 5.346 CBM)

1,768.00KGS 5.346CBM

FREIGHT PREPAID

HALIFAX LIFT PARTS

HS CODE: 8431310090
STEEL ROPE
HS CODE:7312100000

Telex Release
SAY TOTAL FOURTEEN (14)WOODEN BOXES ONLY.

Declared value $ NVD,subject to clause 8.5.

One of these Ocean or Multimodal Transport Bills of Lading must be

ITEM PREPAID COLLECT surrendered duly endorsed in exchange for the goods. In Witness
whereof the original Ocean or Multimodal Transport Bills of Lading all
of this tenor and date have been signed in the number stated above.
One of which being accomplished the other(s) to be void.

Charge As Arranged Charge As Arranged

MORRISON EXPRESS CORPORATION (U.S.A.)-AS CARRIER

BY AS AGENT OF CARRIER DATE OF ISSUE

2021/10/20
TOTAL CHARGES

APPLICABLE TERMS; LIMITATION OF LIABILITY: It is agreed the goods declared herein are accepted in apparent external good order and condition for carriage (except as noted) B/L NO:
STRICTLY SUBJECT TO THE TERMS OF CARRIAGE ON THE REVERSE HEREOF AND ALSO AVAILABLE AT http://usa-waybillstandardterms.morrisonexpress.com/Bill_of_Lading.pdf CN2182100159
which the shipper warrants it has received and reviewed and to which the shipper agrees to be bound. Carrier's liability is limited in accordance with clause 8.1. The shipper may increase
carrier's liability by declaring a higher value for carriage and paying a supplemental charge, as set forth at clause 8.5. This bill of lading is non-negotiable unless consigned"To Order".
 (MULTIMODAL) BILL OF LADING CONTRACT FOR CARRIAGE
------------------------------------------------------------------- DEFINITIONS -------------------------------------------------------------------------------
Carrier's benefit under any applicable law,even if such immunity or limitation by law results in a liability of Carrier less than the
"Carrier"means Morrison Express Corporation (U.S.A.),on whose behalf this Bill of Lading has been issued as indicated on otherwise applicable maximum contractual liability hereunder.
the face hereof,whether acting as carrier, bailee or agent. 8.3 For purposes of Carrier's liability,when it cannot be ascertained at what stage of Multi-Modal Transportation the loss or damage
occurred,it shall be presumed to have occurred during periods of inland (surface) transportation.
"Carriage"means the whole or any part of the operations and services described by this document as undertaken by or on
8.4 For purposes of Carrier's liability,and for good and valuable consideration to Merchant in the form of freight rate,the package or
behalf of the Carrier in respect of the Goods.
customary freight unit shall be the object and unit referred to in the "No. of Pkgs."column on the face of this document and in the
"Container"means any container, trailer, transportable tank, flat rack, pallet, skid, drum or any similar article of transport.
absence of designation in such column shall be deemed the Container.
"Dangerous or Hazardous Goods"means Goods classified, designated or described as dangerous by any statute,
8.5 The Merchant may avoid the liability limitations hereunder,or any other liability limitation imposed by applicable law,by
regulation, or the Dangerous Goods code issued by the International Maritime Organization and also includes any Goods
unequivocally declaring the value of the Goods for liability purposes to Carrier in writing prior to Carriage and paying Carrier an ad
which are or may be unstable or present a hazard or danger to the conveyance in which they are carried or to other property,
valorem freight rate.Such declared value shall only be binding upon Carrier to the extent also memorialized and indicated on the
goods or any person, whether or not the Goods are identified as dangerous by any authority.
face of this document.Carrier's knowledge of the value of Goods and/or Merchant's declaration of the value of the Goods to Carrier
"Goods"means any and all property (cargo) described on the face hereof or on an attached or referenced manifest, to in regular course or for any other purpose, such as for Customs purposes,shall in no event constitute a declared value of the
specifically include live animals as well as containers, pallets or similar articles of transport or packaging not supplied by the Goods to Carrier for liability purposes.
Carrier, irrespective of whether such cargo is to be or is carried on or under deck. 8.6 In no event shall Carrier be liable for special,incidental or consequential damages,lost profits or revenues or loss of
"Merchant"means and includes the shipper, consignee, receiver, holder of this document, owner of the Goods, person merchantability of the Goods,whether or not Carrier had notice or knowledge that such may occur.
entitled to the possession of the Goods, and any person, corporation, company or other legal entity having any interest in the 8.7 In no event shall Carrier's aggregate liability exceed the actual value of any loss or damage or the replacement value of the
Goods, or anyone acting on behalf of any such person or entity. Goods adversely affected, whichever is lower.
"Multi-Modal Transportation"means and refers to Carriage of Goods under this Bill of Lading which includes both Carriage 8.8 Carrier does not guarantee delivery of the Goods at the port of discharge or place of delivery at any particular time or to meet
by a Vessel and Carriage by one or more inland (surface) motor and/or rail carriers. any particular market or use.Carrier shall have no liability for any direct or consequential damages arising from delay or failure to
"Subcontractor" shall include all direct and indirect subcontractors of Carrier and their respective subcontractors, servants notify Merchant as to the actual arrival and/or delivery date of the Goods.In the event Carrier is nevertheless for any reason found
and agents, including vessel operators, motor and rail carriers, warehousemen, stevedores, and container freight stations. liable for delay,Carriers liability shall in all circumstances be limited to the lesser of the liability calculated pursuant to Clause 8.1
"Vessel"means and includes the vessel set forth on the front page hereof, as well as any other vessel, ship, craft, lighter or hereunder or twice the amount of freight charges billed Merchant for the Carriage.If the Goods are not delivered within 90 days of
other water conveyance used to perform the Carriage or upon which the Goods are loaded for any purpose. anticipated delivery date,the Goods shall be deemed lost,in the absence of contrary evidence.
8.9 Notwithstanding anything herein to the contrary, Carrier shall in no event have any liability whatsoever for any loss, damage,
1. APPLICABILITY OF TERMS delay or failure in performance hereunder arising from or attributable to: (a) circumstances of inherent defect, quality or vice of the
These Terms and Conditions for Carriage shall apply to all modes of Carriage utilized to transport the Goods, and the Goods, including but not limited to wastage in bulk or weight; (b) defective or insufficient packing not reasonably fit to withstand the
Carrier's responsibility to the Merchant for the Goods shall terminate at the time of delivery under Clause 11. These Terms ordinary rigors of contemplated transportation; (c) insufficiency or inadequacy of marks on or description of Goods; (d) any act or
and Conditions of Carriage shall apply to all claims against the Carrier relating to the performance of the Carriage, whether omission of Merchant, its agent or representative; (e) unsuitable or defective container provided by Carrier if such unsuitability or
the claim is founded in contract or in tort, including, but not limited to, claims for indemnity and contribution. In agreeing and defect would have been apparent to Merchant upon reasonable inspection; (f) arrest or restraint of princes, rulers of people or
accepting the terms of this document, the shipper acts for itself and also each Merchant and warrants it has authority of each seizure under legal process, quarantine restrictions or embargo or any act of any public authority; (g) act, neglect or fault of the
Merchant to bind each Merchant to the terms of this document. master, mariner, pilots or the servants of Carrier in the navigation or management of the Vessel; (h) any act of barratry; (i) perils,
dangers, and accidents of the sea or other navigable waters; (j) saving or attempting to save life or property at sea or any deviation
2. ENTIRE AGREEMENT AND SEVERABILITY
in rendering such service; (k) bursting of boilers, breakage of shafts or any latent defect in hull, equipment, machinery, hawsers or
2.1 In addition to the terms herein, Carriage of Goods is also subject to all of the terms and provisions of Carrier's tariffs on
lines, unseaworthiness unless caused by want of due diligence by Carrier to make the Vessel seaworthy or to have her properly
file or published or required to be filed or published, as the case may be, with or by the Federal Maritime Commission or
manned, equipped and supplied; (l) fire unless caused by the actual fault or privity of Carrier or its subcontractors, servants or
other regulatory body that may govern particular portions of the Carriage. The relevant provisions of the applicable tariff(s)
agents; (m) any force majeure event, to include but not be limited to, natural disasters, strikes or lockouts or stoppage/restraint of
are publicly accessible and/or shall be provided by Carrier or its representatives upon request. In case of inconsistency
labor from whatever cause, civil unrest, acts of war or armed conflicts and acts or threatened acts of public enemies, terrorists,
between this document and any applicable tariff(s), this document shall prevail except as otherwise required by law.
pirates, hijackers or assailing thieves; (n) latent defects not discoverable by due diligence of Carrier or its subcontractors, servants
2.2 This document and the incorporated tariff terms constitute the entire agreement of the parties. No servant or agent of or agents; (o) any cause arising without the fault or privity of the Carrier, its subcontractors, servants or agents.
Carrier shall have the power to terminate, waive or vary any term of this document unless such termination, waiver or 8.10 Merchant shall indemnify Carrier against any claim by a third party or assignee of Merchant which imposes or attempts to
variation is in writing and is specifically authorized or ratified in a writing signed by Carrier. impose upon Carrier any liability in connection with the Goods other than or in excess from that as provided herein,whether or not
2.3 If any term herein is rendered unenforceable, such unenforceability shall attach only to the offending provision or part arising from negligence of Carrier,its subcontractors,servants or agents.
thereof and the remaining part of such provision and all other provisions herein shall continue in full force and effect. 9.MERCHANT LIABILITY FOR EQUIPMENT
3. NEGOTIABILITY OF BILL OF LADING AND CARRIER'S RELEASE OF GOODS Merchant shall assume full responsibility for and shall indemnify Carrier against any loss of or damage to Containers and other
3.1 This Bill of Lading shall be a negotiable document of title only if consigned "to order," or order of a named consignee.In equipment provided by Carrier or its subcontractors,servants,or agents which loss or damage occurs while in the possession or
all other instances,or in the event of ambiguity,this Bill of Lading shall be deemed to be a non-negotiable Bill of Lading (a control of Merchant,its agents or independent vendors engaged by or on behalf of Merchant.Merchant shall indemnify and hold
Sea Waybill). Carrier harmless from and against any loss of or damage to property of other persons or injuries to other persons caused by
3.2 If negotiable, an original bill of lading, properly endorsed, is required to be surrendered when the Goods are delivered. If Containers or the Goods during handling by,or while in the possession or control of,Merchant,its agents or any independent
the person receiving the Goods wishes to take delivery without surrender of an original endorsed bill of lading, and if Carrier vendors engaged by or on behalf of Merchant.
agrees in its exclusive discretion to deliver the Goods without such surrender, the person receiving the Goods agrees to fully 10.ROUTE AND METHOD OF TRANSPORTATION
indemnify Carrier against all damages and liabilities which Carrier may incur as a result of delivering the Goods without such Without notice to the Merchant, Carrier has liberty and discretion to consolidate the Goods with other cargoes, carry the Goods on
surrender. Upon surrender of one original bill of lading, all other original bills of lading will be immediately void. Negotiable or under deck and to choose or substitute the method, means, route, mode and procedure to accomplish the Carriage.
bills of lading will in all events become void as a document of title six months after date of issuance, provided the terms of 11.DELIVERY
this document shall still apply and Carrier shall continue to be entitled to all rights and limitations of liability herein. 11.1 The Goods shall be deemed to be delivered when they have been delivered to or placed at the disposal of the Merchant or its
3.3 If this Bill of Lading is non-negotiable, delivery of the Goods may be made, at the sole discretion of the Carrier, to the agent in accordance with this Bill of Lading,or when the Goods have been delivered to any authority or other party to which,
nominated consignee without surrender of an original counterpart; such delivery shall constitute due delivery hereunder. pursuant to the law or regulation applicable at the place of delivery,the Goods must be delivered or surrendered,or such other
Carrier may nevertheless in its exclusive discretion, but shall not be required to, demand surrender of an original endorsed place at which the Carrier is entitled to call upon the Merchant to take delivery.
non-negotiable bill of lading before release of the Goods. 11.2 The Carrier shall also be entitled to store the Goods at the sole risk of the Merchant,and the Carrier's liability shall cease upon
3.4 Whether a negotiable bill of lading or a non-negotiable bill of lading, the person receiving the Goods in any and all events the Carrier's tender/delivery of the Goods to the appointed warehouse or storage facility.The cost of such storage shall be
warrants their entitlement to such receipt and agrees to indemnify Carrier against all damages and liabilities which Carrier paid,upon demand,by the Merchant to the Carrier.
may incur as a result of releasing the Goods. 11.3 If at any time the Carriage is or is likely to be affected by any hindrance or risk of any kind (including the condition of the
4. CARRIER'S SUBCONTRACTORS, SERVANTS AND AGENTS Goods) not arising from any fault or neglect of the Carrier, its subcontractors or agents, the Carrier may: abandon the Carriage of
4.1 All or part of the Carriage may be performed by subcontractors, servants and agents of the Carrier without prior notice of the Goods and, where reasonably practicable, place the Goods or any portion of them at the Merchant's disposal at any place that
the same to Merchant. Carrier may freely engage such third parties in accordance with their applicable terms and conditions, the Carrier may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of the
which shall in all events be binding upon Merchant. Carrier in respect of such Goods shall cease. In such event, the Carrier shall be entitled to full freight under this Bill of Lading and
4.2 If the Goods are lost, damaged, or delayed on the sea portion of the Carriage, and the vessel owner or demise charterer the Merchant shall pay any additional costs arising out of such event.
seeks to limit its liability pursuant to 46 U.S. Code 181 et seq. or pursuant to a similar limitation regime of another nation, 12. FREIGHT CHARGES AND EXPENSES TO MERCHANT
claims or suits may only be brought against that Vessel owner or demise charterer. In all other circumstances, claims or suits 12.1 Freight charges shall be paid without any reduction or deferment on account of any claim, counterclaim or set-off, whether
may only be brought against Carrier. In the event a claim or suit is nevertheless brought against any Subcontractor, servant prepaid or payable at destination. Freight charges shall be deemed earned by the Carrier upon its receipt of the Goods. Earned
or agent of Carrier, that party is entitled to all exceptions, exemptions, defenses, immunities, limitations of liability, privileges freight charges are non-refundable.
and conditions granted or provided to Carrier under this document as a third party beneficiary. The aggregate of the amounts 12.2 Freight charges and all other amounts due Carrier for the Carriage are to be paid in the currency named in this Bill of Lading
recoverable from the Carrier, its subcontractors, servants and agents shall in no event exceed Carrier's liability limit as or, at the Carrier's option, in the currency of the country of origin or destination.
provided by the terms and conditions of this contract for carriage. 12.3 The Merchant shall reimburse and indemnify the Carrier for any duties, taxes, demurrage, detention, charges, liabilities or
5. DESCRIPTION AND COMPLIANCE OF GOODS, SOLAS WEIGHT CERTIFICATION, INSPECTION OF GOODS other expenses whatsoever in connection with the Goods or arising from any breach of warranty by Merchant hereunder or from
5.1 This document constitutes a receipt only for the external condition of the Goods visible to Carrier. any cause or reason not exclusively attributable to a liability of Carrier, its subcontractors, servants or agents.
5.2 Merchant warrants that, unless special carriage is requested and paid for, the Goods are fit to be carried in an 12.4 In the event Merchant breaches its warranty as to the accuracy and completeness of the description and the marks, numbers,
unventilated, unheated, unrefrigerated Container or other stowage space and withstand condensation / container "sweat" quantities and weight of the Goods, resulting in a lower freight charge than should be due and owing carrier based upon actual
5.3 Merchant warrants that the description, marks, numbers and quantities of the Goods, as well as designation of correct and complete description, marks, numbers, quantities and weight of the Goods, it is agreed that a sum equal either to
Merchants, are accurate, complete and comply with all regulations. Merchant shall have the exclusive burden to provide double the correct freight charges properly assessed based upon actual correct and complete description, marks, numbers,
verified gross mass (VGM) of Goods as obtained on calibrated and certified equipment. Carrier shall be entitled to rely on the quantities and weight of the Goods, less the freight previously calculated or charged, shall be payable as liquidated damages to the
accuracy of the weight information provided by Merchant for all purposes, including compliance with the VGM requirement Carrier. Such liquidated damages shall only relate to freight charges; Carrier reserves all rights to recover from Merchant other
under the Safety of Life at Sea Convention (SOLAS). Carrier shall be entitled to tender, counter-sign or endorse such damages caused by Merchant's breach of its warranty as to the accuracy and completeness of the description and the marks,
certificates, weight tickets or other weight data provided by Merchant as Carrier's own VGM to subcontractors, including the numbers, quantities and weight of the Goods.
Vessel operator. Merchant agrees to indemnify and hold Carrier harmless from any and all claims, losses, penalties and/or 12.5 Notwithstanding the acceptance by the Carrier of instructions to collect freight charges or other expenses relating to the
costs resulting from incorrect gross mass or other information provided by Merchant. Carriage from any specific person, Merchant shall remain responsible for such monies on receipt of evidence of demand and the
5.4 Merchant has the exclusive obligation to ensure, and hereby warrants, the Goods and Merchants are compliant with all absence of payment for whatever reason. Shipper, consignee and bill-to parties are jointly and severally liable for all charges and
relevant authorities and are legally eligible for Carriage in all respects under all relevant governing laws and regulations. expenses related to the Carriage. Charges may be reversed to the responsible parties if the Goods are refused delivery or in the
5.5 Without any obligation to do so, the Carrier shall have unrestricted liberty to inspect the packaging and contents of the event payment is not made by the original bill-to party.
Goods for any purpose and to inquire and verify the accuracy or sufficiency of information provided and to seek assurances. 13. LIEN
Any discrepancies may result in shipment delay, cancellation and/or additional charges assessed by the Carrier. The Carrier 13.1 The Carrier shall have a lien on any and all of the Merchant's property for all advances, claims, costs, freight charges, duties,
may disclose and report, whether on a mandatory or voluntary basis, any and all regulatory non-compliance to authorities; surcharges, general average expenses, salvage expenses, taxes, demurrage, money due and payable to the Carrier by Merchant,
such authorities may exercise forfeiture and/or assess penalties against Merchant. including any lien and collection-related costs, whether or not related to the Carriage of Goods under this document, a prior
6. DANGEROUS AND/OR HAZARDOUS GOODS transaction / an unrelated claim and/or any combination of the foregoing. The lien on the Goods shall survive delivery to the
6.1 Carrier may accept or reject at its exclusive discretion Dangerous or Hazardous Goods offered for transportation. Merchant. Carrier may sell the Goods privately or by public auction without notice to the Merchant. If upon sale of the Goods the
6.2 Merchant shall comply with applicable law relating to the Carriage of Dangerous or Hazardous Goods and shall inform proceeds fail to satisfy the amount due Carrier, together with the cost and expenses incurred, Carrier shall be entitled to recover
Carrier in writing prior to tender of the Goods the exact nature of the danger or hazard and indicate the precautions to be any difference from Merchant.
taken. If Merchant fails to provide such information and the Goods are deemed a hazard to life or property, the Goods may at 13.2 If the Goods are unclaimed after 30 days from date the Goods are placed at the disposal of the Merchant, or whenever in the
any place be unloaded and destroyed without liability and on the account of Merchant for costs. The burden of proving Carrier's judgment the Goods will become deteriorated, decayed or worthless, the Carrier may, at its discretion and subject to its
Carrier knew and accepted the exact nature of the danger and hazard constituted shall be upon Merchant. lien and without any responsibility attaching to it, sell, abandon, or otherwise dispose of the Goods solely at the risk and expense of
6.3 If the Goods become a danger to life or property, they may in like manner be unloaded or landed at any place or the Merchant.
destroyed or rendered harmless. If such danger was not caused by the fault and neglect of the Carrier, it shall have no 14. GENERAL AVERAGE
liability and the Merchant shall indemnify the Carrier of all damages and liabilities arising therefrom. 14.1 In the event of accident, danger, damage or disaster before or after the commencement of the Carriage, resulting from any
7. LIMITED COGSA CLAUSE PARAMOUNT cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier and its subcontractors,
7.1 (CARRIAGE TO, FROM AND BETWEEN UNITED STATES PORTS) Whether or not applicable by force of law, and servants and agents are not responsible by statute, contract or otherwise, the Goods and the Merchant shall contribute in general
except as specifically provided in this Clause 7 and in Clause 8.1, the United States Carriage of Goods by Sea Act ("U.S. average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall
COGSA"), 46 U.S.C. 30701 (Note), is incorporated by reference as terms of this contract for Carriage whether the Goods are pay salvage and special charges incurred in respect of the goods. If a salving ship is owned or operated by the Carrier, its
carried on or under deck, before the Goods are loaded on and/or after the Goods are discharged from the Vessel, and subcontractors, servants or agents, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers.
throughout the entire time the Goods are in the custody or are the responsibility of Carrier in performing the Carriage Such deposit as the Carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage
hereunder, whether acting as carrier or bailee. Nothing contained herein shall be deemed a surrender by Carrier of any of its and special charges thereon shall, if required, be made by the Goods and/or the Merchant prior to delivery.
rights or immunities or an increase of any of its responsibilities under U.S. COGSA. Notwithstanding the foregoing, the 14.2 Merchant shall defend, indemnify and hold harmless the Carrier, its subcontractors, servants or agents in respect of any claim
provisions of 46 U.S.C. 30701 (3)(8) and (4)(5) of U.S. COGSA addressing minimum liability of the Carrier are excluded from (and any expense arising therefrom) of a General Average which may be made against the Carrier and/or any of its
incorporation by reference and shall only apply when required by force of law. subcontractors, servants or agents. Merchant agrees to pay any and all sums or securities assessed by the General Average
7.2 (CARRIAGE TO AND FROM NON-UNITED STATES PORTS) Whether or not applicable by force of law, and except as Adjuster for payments on account.
specifically provided in this Clause 7 and in Clause 8.1, the Hague-Visby Rules are incorporated by reference as terms of this 14.3 Neither the Carrier nor its subcontractors, servants or agents shall be under any obligation to take any steps whatsoever to
contract for Carriage whether the Goods are carried on or under deck, before the Goods are loaded on and/or after the post security for General Average or to collect security for General Average contributions due from the Merchant. Notwithstanding
Goods are discharged from the Vessel, and throughout the entire time the Goods are in the custody or are the responsibility the foregoing, Carrier is authorized at its discretion to act on behalf of the Goods in any salvage proceeding at the sole expense of
of Carrier in performing the Carriage hereunder, whether acting as carrier or bailee. Nothing contained herein shall be Merchant, unless Merchant arranges for separate representation.
deemed a surrender by Carrier of any of its rights or immunities or an increase of any of its responsibilities under the 15. NOTICE OF CLAIM AND TIME FOR SUIT
Hague-Visby Rules. Notwithstanding the foregoing, the provisions of Article IV(5) of the Hague-Visby Rules addressing 15.1 Unless the Merchant provides written notice to the Carrier of the general nature of any loss or damage to the Goods at the
minimum liability of Carrier are excluded from incorporation by reference and shall only apply by force of law. time the Carrier delivers the Goods to the Merchant, such delivery by the Carrier is prima facie evidence of the Carrier's delivery of
8. CARRIER'S LIABILITY the Goods in good order and condition.
8.1 Unless the shipper declares a higher value as provided at Clause 8.5, Carrier's liability shall be limited as follows: (a) for 15.2 Where the loss or damage is not apparent and/or latent, the same prima facie presumption shall apply if notice in writing is
loss or damage occurring during any portion of the Carriage governed by U.S. COGSA by force of law, Carrier's liability shall not given to Carrier within 3 days after the day when the Goods were delivered to the Merchant.
be limited to a maximum of US$500 per package of the portion of Goods adversely affected, or for Goods not shipped in 15.3 The Carrier shall be discharged of all liability unless suit is brought against the Carrier within one year from the date of
packages, per customary freight unit; (b) for loss or damage occurring during any portion of the Carriage governed by the delivery or the date on which the Goods should have been delivered.
Hague-Visby Rules by force of law, Carrier's liability shall be limited to a maximum of two Special Drawing Rights (SDRs) per 16. MANDATORY VENUE, JURISDICTION, AND APPLICABLE LAW
kilogram or 666.67 SDRs per package, or for Goods not shipped in packages, per customary freight unit, whichever is the As to Carriage to, from and between the United States, all claims or disputes shall be determined under United States law solely in
greater and always subject to that portion of the Goods adversely affected; (c) for loss or damage occurring during any the United States District Court for the Central District of California and the Merchant and Carrier each agree to submit to the
portion where U.S. COGSA or Hague-Visby is otherwise incorporated herein but is not applicable by force of law, to include personal jurisdiction of that Court. As to Carriage to and from non-United States ports, all claims or disputes shall be determined
periods of domestic water carriage and inland (surface) transportation, Carrier's liability shall be limited to a maximum of the under Singapore law solely in the Court for Singapore and the Merchant and Carrier each agree to submit to the personal
lesser of US$500 per Package or US$0.50 per pound of the portion of Goods adversely affected; (d) for any financial loss jurisdiction of that Court. Provided, however, where the Vessel operator issues a bill of lading that includes a mandatory venue
other than loss or damage to Goods, Carrier's liability is limited to US$50 per entry or shipment; (e) in the event of loss or clause for a different mandatory venue, the Merchant agrees to be bound by the mandatory venue clause of the Vessel operator's
damage subject to mandatory applicable law which invalidates Carrier's otherwise applicable maximum contractual liability bill of lading for any claims or disputes that the Merchant has against the Carrier and any subcontractor, servant or agent of
hereunder, Carrier's liability shall be limited to the lowest amount permissible by / in accordance with such applicable law. Carrier. Merchant agrees that equity and judicial efficiency require a single action resolve all claims or disputes arising out of the
8.2 In any and all events, nothing in this document shall constitute a surrender of any liability immunity or limitation inuring to Carriage of the Goods.
.Ref. BMCHSWMC MEC v1